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June 07, 2011
„{,(:t,. az.. i. ,.E.ea. 3! <€xbf b4..i..tT. k< 3st:{. 4. FA kt.€.y-<1 ea:. 3. E{.. {. ; S .f •.65 sa1,E.yi .! i.t.5 '.t..,,{.:.. .€.{,idpF .a.k .x. k{b'3 S'. .Si',.b F.1.3 e,4,.: a a<i ir!.. {•{,a {.{.e.i 2, 3ta.Sx kba+ba.{.! sbf {<.: b;.(f, d.5'.F..,k'-€t. ili di#�#CiCi June 7, 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 and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 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. June 7, 2011 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org ,*. .e1d;..b:'..ik _. k.f...,.i:d .1 r:EaE;x.t:,.<f..f}{.-,5 a,-.. i.,e. Y.,S"fie, t...3'..-.tF.b2•.--F.,;}.i'c4S,S:.fJ,Fkb t_.,<b .,. i„f.:{k1 {F.. �.'. F,Fc 3F.F.F?:.S... F,,, ...E.:3 .t,ft.tt.,3..-Ek€.aG3.i b, it>..<-b.,:fa.,. 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 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 17, 2011 meeting. Approve the minutes from the May 24, 2011 Special meeting. IV. PROCLAMATIONSIPRESENTATIONS There are no proclamations/presentations scheduled for June 7, 2011. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 34, 35 and 36. B. COUNTY ATTORNEY 1. Permission to Advertise — Ordinance No. 11-022 Amending the Grove Street Lighting District Consider staff recommendation to approve permission to advertise proposed Ordinance No. 11-022 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. 2. Permission to Advertise — Ordinance No. 11-023 Amending Sunland Gardens Street Lighting District Consider staff recommendation to approve permission to advertise proposed Ordinance No. 11-023 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. 3. Resolution No. 11-092 — "Civility Month" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 11-092 as drafted. B. COUNTY ATTORNEY CONTINUED Reimbursement from Solar Energy Loan Fund for professional services. Consider staff recommendation to approve Budget Resolution No. 11-093 and authorization for the Chairman to sign documents, as approved by the County Attorney. 5. Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breeze Phase 2 Consider. staff recommendation to approve of Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2 6. Revocable License Agreement — International Airport Business Park of St. Lucie County, LLC — 3251 St. Lucie Blvd. Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct International Airport Business Park of St. Lucie County, LLC to record the document in the Public Records of St. Lucie County, Florida. C. COURT ADMINISTRATION 1. Court Administration requests approval to transfer.(port) existing SLC phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or the phone lines are no longer needed by the 19t" Judicial Circuit Court, all associated phones will be transferred back to SLC. Consider staff recommendation to approve the request to transfer (port) existing phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or phones lines are no longer needed by the 191n Judicial Circuit, all associated phones lines will be transferred back to SLC. 2. Request approval for usage of Court Innovation Fund in excess of $52,868 for equipment, warranty and maintenance on a new court Voice over IP (VoIP) HVS telephone system for Saint Lucie County courthouses. Consider staff recommendation to approve the expenditure from the Court Innovation Fund in the amount of $52,868 for equipment, warranty and maintenance on new court Voice over IP (VoIP) HVS telephone system for Saint Lucie County courthouses. D. SHERIFF'S OFFICE 1. Authorization to submit an electronic application for the 2011 Bulletproof Vest Partnership Grant. Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2011 Bulletproof Vest Partnership Grant offered by the U.S. Department of Justice/Office of Justice Programs. Authorization to submit an electronic application for the 2011 State Criminal Alien Assistance Program (SCARP) Grant. Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2011 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. E. PARKS, RECREATION & FACILITIES Budget Resolution No. 11 -091 — WPSL Christmas Kids of St. Lucie County Donation Consider staff recommendation to approve of Budget Resolution No. 11-091 to accept WPSL Christmas Kids of American Red Cross Water Safety Lessons at Open Space Pool as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. F. PLANNING & DEVELOPMENT SERVICES Airport Division: 1. Resolution No. 11-094 and Budget Resolution No. 11-095; Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA). Consider staff recommendation to approve Resolution No. 11-094 accepting an FDOT SJPA in the amount of $12,665 and Board approval of Budget Resolution No. 11-095 assigning the additional funds to the Taxiways A and B Rehabilitation project, and authorization for the Chairman to sign the documents as approved by the County Attorney. Business Development & Concurrency Division: 2. J.J. Taylor Distributing Florida, Inc. — Request for Job Growth Investment Grant (JGIG) Incentives Consider staff recommendation to approve of Job Growth Investment Grant JGIG-11-002 in the amount of $156,600 phased over five years based upon hiring of 72 employees at an average wage of $22.36 per hour. 3. Professional Golf Car Corporation of Florida — Request for Job Growth Investment Grant (JGIG) Incentives Consider staff recommendation to approve of Job Growth Investment Grant JGIG-11-003 in the amount of $66,000 phased over three years based upon the hiring of 40 employees at an average wage of $17.42 per hour. G. PUBLIC WORKS White Way Dairy Road Culvert Improvement Project Consider staff recommendation to approve acceptance of the White Way Dairy Road Culvert Improvement Project. Indian River Estates Stormwater Improvements — Phase II Consider staff recommendation to approve of the Second Amendment to the contract with Inwood Consulting Engineers, Inc. in the amount of $171,322. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY 2011 Economic Development Exemption Application — J.J. Taylor Distributing Florida, Ind.; Ordinance No.11-019 Consider staff recommendation to adopt Ordinance No. 11-019 and authorize the Chairman to sign the Ordinance. B. COUNTY ATTORNEY Public Hearing to declare certain real property to be surplus Consider staff recommendation to declare the attached list of thirty-one (31) parcels surplus and direct staff to dispose of the parcels according to Ordinance No. 11-014. C. 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 June 21, 2011, at 9:00 a.m. or as soon thereafter as may be heard. D. COUNTY ATTORNEY Ordinance No. 11-010 — Establish New Record Secondhand Dealers REGULAR AGENDA Vill. ANNOUNCEMENTS Creating Chapter 1-15.5 (Pawnbrokers and Secondhand Dealers) to Keeping and Holding Period Requirements for Pawnbrokers and The Board of County Commissioners will hold a Joint meeting with the Treasure Coast Education & Research Development Authority on Thursday, June 9, 2011 at 2:00 p.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 2. The Board of County Commissioners June Informal Monthly Meeting has been canceled. 3. The 2011 Florida Police & Fire Games will take place June 18-25 at various venues throughout the Treasure Coast, including the St. Lucie County Fairgrounds, Havert L. Fenn Center and more. Registration takes place at the Indian River State College Public Safety Training Complex. For details about events and venues visit www.lawgames.org. 4. The Board of County Commissioners Strategic Planning FY12/Budget Workshops will begin Wednesday, July 6, 2011 and run through Thursday, July 14, 2011. The July 19, 2011 Regular Board of County Commissioners Meeting is canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 17, 2011 Convened: 9:00a :m. Adjourned: 9:40 a.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Planning/Development Director, Debra Brisson, Parks/Rec. Director, Don West, Public Works Director, Lauri Waldie, Utilities Director, Marie Gouin, OMB Director, Jim David, Mosquito Control Director, Beth Ryder, Community Services Director, Roger Shinn, Central Services, Bill Hoeffner, HR Director, Karen Smith, ERD Director, Millie Delgado -Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 3, 2011 meeting. It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve the minutes of the meeting held May 3, 2011, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 11-090 — proclaiming Monday, May 30, 2011 as "Memorial Day" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 11-090 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Resolution No. 11-090, and; upon roll call, motion carried unanimously. B. This item was pulled prior to the meeting. V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 32 and 33. The Board approved Warrant List No. 32 and 33. B. COUNTY ATTORNEY 1 05/05/11 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #32- 30-APR-2011 TO 05-MAY-2011 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 2,270,060.80 5,800.00 001113 CDBG Supp Disaster Recovery Subgran 33,633.25 0.00 001190 FTA Sec 5307 - Buses 05/06 2,625.36 0.00 001444 FCTD-Planning Grant FY10-11 133.77 0.00 001445 Emer. Mgmt Prep. (EMPA) FY11 2,187.50 0.00 001512 Neighborhood Stabilization Program 1,548.58 0.00 001518 Section 112/MPO/FHWA/Planning 3,012.54 0.00 001519 CDBG FY 2008 Disaster Recovery 39,252.78 0.00 001523 Emer Mgmt Prep & Assis FYl.�l (EMPG) 86.36 0.00 001529 CSBG FY 2011 1,170.73 0.00 001534 Metropolitan Planning/Section 5303 254.37 0.00 101 Transportation Trust Fund 10,953.80 0.00 101001 Transportation Trust InterlocaIs 399.87 0.00 101002 Transportation Trust/80o Constitut 31,370.93 0.00 101003 Transportation Trust/Local Option 26,928.11 0.00 101004 Transportation Trust/County Fuel Tx 11,161.27 0.00 101006 Transportation Trust/Impact Fees 126,172.13 0.00 101112 FHWA FDOT Walton Road Widening 486,938.56' 0.00 102 Unincorporated Services Fund 21 424.33 0.00 102001 Drainage Maintenance MSTU 22,831.55 0.00 102812 Paradise Park Stormwater Ph 3 4,045.21 0.00 104 Grants & Donations Fund 92,f12.00 0.00 107 Fine & Forfeiture Fund 3,707,576.59 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 359.81 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 3,434.22 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 29,214.34 0.00 107006 F&F Fund -Court Related Technology 6,301.68 0.00 107206 FDCF Criminal Justice, Mental Healt 573.42 0.00 111 River Park I Fund 2,849.69 0.00 112 River Park II Fund 614.05 0.00 113 Harmony Heights 3 Fund 235.48 0.00 114 Harmony Heights 4 Fund 517.10 0.00 116 Sunland Gardens _Fund 576.01 0.00 117 Sunrise Park Fund 143.26 0.00 119 Holiday Pines Fund 880.53 0.00 120 The Grove Fund 181.03 0.00 122 Indian River Estates Fund 1,018.90 0.00 123 Queens Cove Lighting Dist#13 Fund 363.53 0.00 126 Southern Oak Estates Lighting 126.28 0.00 127 Pine Hollow Street Lighting MSTU 383.16 0.00 128 Kings Hwy Industrial Park Lighting 509.51 0.00 130 SLC Public Transit MSTU 44,847.04 0.00 130101 FTA Operating and Capital Assist 63,066.55 0.00 130104 FTA 5317 New Freedom Enhanced Servi 8,982.25 0.00 130107 FTA 5311 Block Grant 9,698.31 0.00 130109 FTA 5307 Capital and Operating 108,052.90 0.00 130210 FDOT 5311 Block Grant 45,492.65 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,784.56 0.00 11 05/13/11 ST. LUCIE COUNTY--- BOARD PAGE FZABWARR WARRANT LIST #33- 06-MAY-2011 TO 13-MAY-2011 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 431,'279.51 457,592.67 001113 CDBG Supp Disaster Recovery Subgran 101,756.01 0.00 001194 U.S. Dept of Housing & Community 4,447.10 0.00 001444 FCTD-Planning Grant FY10-11 78.56 1,039.35 001445 Emer. Mgmt Prep. (EMPA) FY11 7,245.11 0.00 001512 Neighborhood Stabilization Program 8,668.57 2,464.91 001516 Homeland Security -Issue 10 292.12 0.00 001517 HUD Shelter Plus Care 8,843.00 0.00 001518 Section 112/MPO/FHWA/Planing 17,963.12 7,786.28 001519 CDBG FY 2008 Disaster Recovery 860.51 1,896.51 001523 Emer Mgmt Prep & Assis FY11 (EMPG) 10,069.75 0.00 001529 CSBG FY 2011 6,529.72 2,162.03 001531 US DHHS Earned Income Tax Cr 1.0/11 1,400.00 0.00 001532 Homeland Security -Issue 11 1,212.54 0.00 001534 Metropolitan Planning/Section 5303 80.75 1,069.22 001536 FL Energy & Climate Comm 4,125.00 0.00 101 Transportation Trust Fund 3,238.03 33,160.45 101001 Transportation Trust Interlocals 84.47 1,237.60 101002 Transportation Trust/80o Constitut 83,296.31 41,472.90 101003 Transportation Trust/Local Option 14,245.56 14,115.50 101004 Transportation Trust/County Fuel Tx 9,724.14 15,660.81 101006 Transportation Trust/Impact Fees 8,,749.55 0.00 102 Unincorporated Services Fund .7,914.94 6,5,748.48 102001 Drainage Maintenance MSTU 85,659.45 11,757.06 102812 Paradise Park Stormwater Ph 3 10,948.7.4 7,954.05 107 Fine & Forfeiture Fund 130,411.16 137,985.39 107001 Fine & Forfeiture Fund -Wireless Sur 20,449.32 1,122.83 107002 Fine & Forfeiture Fund-E911 Surchar 85.81 1,122.83 107003 Fine & Forfeiture Fund-800 Mhz Oper 130.22 0.00 107006 F&F Fund -Court Related Technology 18,151.47 8,736.95 115 Sheraton Plaza Fund 595.48 0.00 118 Paradise Park Fund 823.00 0.00 121 Blakely Subdivision Fund 90.87 0.00 129 Parks MSTU Fund 7,820.00 0.00 130102 FTA 5307-ARRA 2009 Capital Projects 1,310.64 0.00 130109 FTA 5307 Capital and Operating 150.40 2,085.83 140 Airport Fund 10,722.42 11,472.16 140001 Port Fund 6.26 0.00 140353 Taylor Creek New Spoil Site 6,300.00 0.00 140369 FDOT Taylor Crk Perm. Spoil Site Co 3,510.00 0.00 150 Impact Fee Collections 109.12 1,523.20 160 Plan Maintenance RAD Fund 2,389.33 3,110.46 181 SLC Housing Finance Authority Fund 1,194.00 0.00 183 Ct Administrator-19th Judicial Cir 10,935.22 3,105.65 183001 Ct Administrator-Arbitration/Mediat 360.00 0.00 183004 Ct Admin.- Teen Court 1,754.47 4,813.12 183006 Guardian Ad Litem Fund 1,035.69 0.00 184216 FDEP S SLC Beach Restoration 147,466.52 0.00 1. Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates The Board approved the Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates 2. Revocable License Agreement — James Babineau and Robin Chaloux — 5514 Eagle Drive — Holiday Pines The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed James Babineau and Robin Chaloux to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY 3. Replat of Lennard Road Square to be known as Elks Club Replat The Board authorized the County Surveyor and the Chairman to execute the Elks Club Replat and forward the Plat to the City of Port St. Lucie for approval and recording in the Public Records of St. Lucie County. C. OFFICE OF MANAGEMNET & BUDGET Bid No. 11-013, Purchase and Installation of Guardrail The Board approved awarding Bid No. 11-013, a pricing contract for the purchase and installation of guardrail, to the two lowest responsive and responsible bidders, Florida Youth Conservation Corps of Dade City and Southeast Guardrail of West Palm Beach, and authorized the Chairman to sign documents as approved by the County Attorney. Bid No.11-015, Fire Sprinkler System Inspection, Testing and Maintenance The Board approved awarding Bid No. 11-015, Fire Sprinkler System Inspection, Testing and Maintenance, to Life Safety Systems of Fort Pierce and authorized the Chairman to sign documents as approved by the County Attorney. 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. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Tax Collector's Office. Request for Qualifications (RFQ) No. 11-007, Professional Engineering Services — Bridge Evaluation and Design The Board approved the short-listed firms for Professional Engineering Services — Bridge Evaluation and Design and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorized the Chairman to sign the documents as prepared by the County Attorney. D. HUMAN RESOURCES 2 Prison Health Services Inmate HIV Medications Invoice for March, 2011 The Board authorized payment of Prison Health Services invoice number PHS0009197 for HIV medications for the FY-2011 period of March 01, 2011 through March 31, 2011, in the amount of $38,244.19. 2. Prison Health Services Inmate Health Care Invoice, FY 10-11. The Board authorized payment of Prison Health Services invoice number PHS0009221 for the period from October 01, 2010 thru March 11, 2011, in the amount of $309,343.65. Renewal of Employee Basic Life, Supplemental Life, LTD and STD Insurance Benefits with ReliaStar (ING) Life Insurance Company. The Board approved renewing the employee Basic Life Supplemental Life, Short -Term and Long -Term Disability Insurance coverage's with ReliaStar Life Insurance Company, a member of the ING family of companies. 4. Catastrophic Inmate Medical Insurance Policy Renewal The Board approved renewing the OPTUM Catastrophic Inmate Medical Insurance Policy and authorized to pay the five month premium of $32,308.50 now and to pay the October 1, 2011 one-year premium based on a continued rate of $5.10 per in -mate per month when the premium billing is received. E. PLANNING & DEVELOPMENT SERVICES Airport Division: Terminal and Customs Apron Rehabilitation Project The Board approved AECOM Work Authorization No. 14 for professional engineering services for the St. Lucie County International Airport Terminal and Customs Apron Rehabilitation Project in the amount of $166,529, and authorized the Chairman to sign documents as approved by the County Attorney. F. PARKS, RECREATION & FACILITIES Waiver of Facility Rental Fees for the 2011 Florida Police and Fire Games The Board approved waiving $18,824 in facility rental fees for the 2011 Florida Police and Fire Games as outlined in the agenda memorandum. 2. Waiver of Facility and Bleacher Rental Fees for the 2011 WetFest and Approval to Sell Alcohol. This item was pulled. Consider Board approval to waive the $400 in facility rental fees and $350 in bleacher rental fees for the 2011 WetFest at Museum Pointe Park and approval to sell alcohol. Award of Bid No.11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building. The Board approved awarding Bid No. 11-023 to Paul Jacquin & Sons and authorized the Chairman to sign documents as approved by the County Attorney. G. SHERIFF'S OFFICE Authorization to apply for the 2011 Paul Coverdell Forensic Science Grant The Board authorized the application submission of the 2011 Paul Coverdell Forensic Science Grant with an award amount up to $175,000.00. 2. Authorization to apply for the 2011 COPS Hiring Program Grant. Com. Hutchinson requested information on the grant and if this was for retaining employees or the hiring of new hires. 3 Chief Deputy Wilson advised the Board this grant is for retaining existing employees and stated the recent grants are for retaining existing employees not for re -hires. The Board authorized the application submission of the 2011 COPS Hiring Program Grant in the amount of $4,695,341.91. H. HOUSING & COMMUNITY SERVICES Community Services Division: Coast2Coast Rx Card The Board approved canceling the contract with NACo/Caremark and enters into an agreement with Coast2Coast Rx and authorized the Chairman to sign documents as approved by the County Attorney. 2. Federal Transit Administration (FTA) - State of Good Repair Grant FY10 The Board approved the acceptance of FTA 5309 FL-04-0127-00, approved the agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 11-089 and authorized the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 11-017 Pain Management Clinics Consider staff recommendation to approve Ordinance No.11-017. Mr. Bruce Kinkaid, advocate for the control of Pain Management Clinics and father of teen who overdosed on prescribed prescriptions, addressed the Board in favor of Ordinance No.11-017. It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Ordinance No. 11-017, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Code Enforcement Case No. 67794-5960 Floyd Johnson Road., Fort Pierce, FL — Unsightly and Unsanitary Conditions, Unsafe Structure, and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety Consider staff recommendation to approve authorization for staff to abate the violations by clearing the debris, mowing the grass, and boarding up on openings on the structure and securing the pool and placing a lien on the property for the cost. Com. Hutchinson questioned what was being done to the homes that were once boarded up and now the boards have been removed and broken in to. The Code Compliance staff advised the Board if the homes without the boards, it will then go through the code enforcement process once again. He stated he will continue to look into the homes that have lost the boards utilized to secure the homes from vandalism. This house is not registered and this is considered another code violation. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. C. OFFICE OF MANAGEMENT & BUDGET Amendment to the fiscal year 2010-2011 budget Consider staff recommendation to approve of Budget Resolution No. 11-076 amending the fiscal year 2010-2011 budget. It was moved by Com. Lewis, seconded by Com. Mowery, to approve Resolution No. 11-076, and; upon roll call, motion carried unanimously. M REGULAR AGENDA This item was pulled prior to the meeting. Vill. COUNTY ATTORNEY Applications of Grove Land Utilities, LLC and Bluefield Utilities, LLC to operate a Water and Wastewater Utility to provide services in a portion of St. Lucie County — Settlement Offer Consider staff recommendation to reject the settlement proposal and proceed to hearing. IX. PUBLIC WORKS Engineering Division: MCZ/Centrum Citrus Farms Mining Permit Application Update The County Engineer updated the Board on this project and indicated the FDOT had the safety meeting and he indicated the benefit to cost ratio was an important factor for this project to move forward. Ideally the ratio of 2 or greater would be of benefit; however they received a .6 and .7 cost ratio. FDOT is allowing them to have a benefit neutral which is the 2.5 million can be only used on safety improvements which are the shoulders for 5.5 miles of the 9 miles. If the bids come is greater than the 2.5 million in 2013 there is an option for the county to fund the difference or FDOT will then put the balance for the next year which will be 2014. There is no recommendation as this time; this is for information and update purposes only. X. ANNOUNCEMENTS 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. 2. County offices will be closed on Monday, May 30, 2011 to observe Memorial Day. The Board of County Commissioners will hold a Joint meeting with the Treasure Coast Education & Research Development Authority on Thursday, June 9, 2011 at 2:00 p.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, June 14, 2011 at 9:00 a.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 5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL MEETING Date: May 24, 2011 Convened: 9:05 a.m. Adjourned: 10:09 a.m. Commissioners Present: Chris Craft, Chairman, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery (absent) Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Heather Lueke, Asst. County Attorney, Debra Brisson, Parks and Recreation Director, Roger Shinn, Central Services Manager, Millie Delgado - Feliciano, Deputy Clerk PARKS, RECREATION AND FACILITIES Bid Protest — Bid # 11-023 Renovation of Floors 3 and 4 of the Old Clerk of Court Building The Parks and Recreation Director provided the following background information. In September 2004, during Hurricanes Frances and Jeanne, the (Old) Clerk of Court building experienced significant water intrusion primarily through the windows. Damage was to extensive that all four floors of the building had to be gutted. Working in conjunction with FEMA, in January 2007, the County proceeded with renovation of the 1st and 2"d floors of the building. In May 2009, renovations of the 1st and 2"d floors were completed. In March 2011, the Federal Emergency Management Agency (FEMA) stated that it would reimburse St. Lucie County for the cost of completion of interior renovations to floors one, two and three and four of the Old Clerk of Court building, less any insurance reimbursement, if the County completes the construction of floors three and four by December 31, 2011. On April 12, 2011, the Board approved Resolution No. 11-081, declaring this project an emergency and authorizing the expedited solicitation of bids. On April 27, 2011, an Invitation to Bid was issued for Bid No. 11-023- Renovation of Floors 3 & 4 of the Old Clerk of Court building. Bids were due on May 10, 2011. Paul Jacquin & Sons, Inc., (hereafter referred to as "Jacquin") of Ft. Pierce was the lowest bidder at $1,980,000. Compass Construction (hereafter referred to as "Compass") of Okeechobee was the second lowest bidder at $1,996,044. (A difference of $16,044.00 from the low bidder). David Brooks Enterprises, Inc., (hereafter referred to as "Brooks") of Palm Beach Gardens was the third lowest bidder at $2,190,500.00 (a difference of $210,500.00 from the low bidder). On Tuesday, May 17, 2011, the Board of County Commissioners approved award to Jacquin conditioned on Jacquin executing the county contract form, as sent out to all bidders in Addendum # 3, within the time required by the bid and without modification and should Jacquin refuse to execute the county contract form without modification, the Board approved award to the next responsible, responsive bidder (Exhibit A). At noon on Tuesday, May 17th, Brooks emailed to the County Administrator a formal bid protest of the award to Jacquin (Exhibit B). On Thursday, may 19th, the County Administrator formally denied Brooks' protest (Exhibit Q. On Friday, May 20th Brooks, through counsel, filed a "Bid Protest, Notice of Appeal, and Demand for Administrative Review (Exhibit D). Section 11.3 of the Purchasing Manual requires that the County shall not proceed further with the award of a contract pending resolution of a bid protest or the determination by the Board that award of the contract must be made without further delay in order to protect the 1 substantial interests of the County. The execution of the contract for this project is therefore on hold pending resolution of Brooks' bid protest. The Assistant County Attorney addressed the Board and provided the following argument as noted by Brooks. Brooks raises two issues in his bid protest. First, that Jacquin's bid is non -responsive and it has received a competitive advantage. Second, that Compass's bid is non -responsive and it is non - responsible. On page three of Jacquin's bid, the following language was included: Please note Paul Jacquin & sons, Inc. may or may not agree to all terms and conditions of the contract with St. Lucie County. The contract will be reviewed, modified and agreed to by both parties prior to being executed (Exhibit E). The Assistant County Attorney indicated the following: As noted above, the Board approved the award of the contract to Jacquin conditioned on Jacquin executing the county contract form, as sent out to all bidders in Addendum # 3, within the time required by the bid and without modification. Therefore, if Jacquin executes the county contract form, it will essentially waive the language it inserted into the bid, language which the County never accepted. Jacquin will have been given the same opportunity as any other bidder: the opportunity to sign the County's contract form as -is. Therefore, any deviation of Jacquin's bid would be nonmaterial and Brooks' argument that Jacquin was nonresponsive would be without merit. Alternatively, if Jacquin refuses to execute the contract, it will be considered non -responsive and the County will award to the next responsive, responsible bidder. By refusing to sign the contract, Jacquin will be in breach of the bidding requirements, thereby triggering the liability of its bid bond surety. Therefore, as has been explained to Jacquin and its counsel (Exhibit F), if Jacquin refuses to execute the contract, the County has a right to make a claim on Jacquin's bid bond for the difference between Jacquin's bid and the bid of the successful bidder. Refusal to sign a County contract is also a cause for Debarment under the Purchasing Manual. Therefore, Brooks' argument that Jacquin would suffer no consequences for refusing to execute the contract is without merit. The Assistant County Attorney indicated there is a lose end that being they are not sure if Mr. Jacquin can sign and bond the contract. If they knew the answer they would be able to move forward. This would solve quite a bit of the problem. A construction bond is required and he must provide insurance execute the contract and bond the job and to date they do not know if any of things will happen. She has been trying to work with Mr. Jacquin and his attorney and she informed them it was imperative that they had a decision this morning if they were going to execute the contract and she has not received a reply from Mr. Jacquin or his attorney. Mr. Jacquin indicated they are under review at this point and he has been advised not to comment on this and he does not wish to say anything that may be used by Mr. Brooks. Com. Dzadovsky questioned if he in fact had the intent to sign the contract. Mr. Jacquin gave an affirmative by providing a head nod. The Assistant County Attorney addressed Compass' Bid and indicated the following: Brooks argues that Compass is nonresponsive because it used a different bid bond form than the one provided by the County. Compass submitted an A1A Bid Bond Form (Exhibit G). The terms of this form are virtually identical to the terms of the County's bid form (Exhibit H). Any deviations between these two forms are minor and technical in nature and would not give 2 Compass any unfair advantage not enjoyed by the other bidders. It would not render Compass' bid nonresponsive. Brooks also argues that Compass is nonresponsible because it.has a "significant lack of experience with the type of construction needed to build the Project." Compass' project manager for this project worked for Brooks and was its project manager during the construction of the St. Lucie County Clerk of Court building and during the renovations of Floors 1 and 2 of the Old Clerk of Court Building. Brooks' argument is therefore without merit. She indicated they did not have prequalification requirements for this project that they must have a certain level of experience in this type of work. She also received a letter from Mr. Brooks attorney which raised a couple of issues, one being that both bidders did not sign their bid documents as required. She does not believed this to be factual. She also reviewed case laws presented and indicated she believed they did not apply to what Mr. Brooks was protesting. Staff recommends: denial of the bid protest of David Brooks Enterprises, Inc. and permission for staff to proceed with execution of the contract for the Old Clerk of Court building floors 3 and 4 as previously approved by the Board on May 17, 2011. Mr. Adam Linkhorst, Linkhorst & Hockin, P.A. attorney for Mr. Brooks addressed the Board and stated he believed Brook's bid should be the one considered as the lowest, most responsive, responsible bidder and should be awarded the project. He advised the Board why they felt Jacquin's bid should be considered non -responsive and summarized what was indicated in Exhibit D. He also cited case law he had sent to the county's Assistant Attorney with regard to deviations. In recapping his comments he indicated that Jacquins did the following: Improperly included conditional language Changed bid form in violation of the bid instructions Failed to sign bid in violation of the county's purchasing manual and bid instructions Failed to submit the bid bond in the required amount He believes these errors are not immaterial and should not be considered waivable by St. Lucie County. Mr. Linkhorst proceeded to addressed Compass' not being a responsive or responsible bidder as provided in Exhibit D also. Com. Craft questioned if they would determine a company as a nonresponsible bidder because they did not have prior experience in remodeling and building. The Assistant County Attorney stated they would not. Mr. Linkhorst stated if it was not important, the question would not have been asked. Mr. Linkhorst stated in conclusion the questions are why did Jacquin add the language if it did not mean something to them? He believes Compass' bid should be considered nonresponsive and nonresponsible, because they did not sign the bid in violation of the purchasing manual and the bid documents, did not properly tally its bid, did not answer all the qualifications properly or answers the degree of responsibility. He respectfully submitted that David Brooks Enterprises is the lowest most responsive, responsible bidder and should be awarded the bid. Com. Dzadovsky asked if it was his position that Brooks has all employees under roof or do they use sub -contractors. 3 Mr. Linkhorst stated Brooks will contract out specialty work contractors. What he does have is a full time project manager, full time project coordinator all with building experience and infrastructure. Com. Dzadovsky asked if all contractors in the State are required to be licensed. The Assistant County Attorney indicated yes. Com. Dzadovsky indicated his issue was mute and requested Mr. Linkhorst provide case laws on such issues. Mr. Linkhorst provided case law issues as requested by Com. Dzadovsky. Com. Craft requested information on or if any of these case laws differ from what is being presented today. The Assistant County Attorney indicated the case laws presented by Mr. Linkhorst are state division of administrative hearing and they are not binding to the county. The language placed by Mr. Jacquin was not a counter offer, she believes it was giving them a heads up that he may or may not be able to sign the contact as is. She stated they were telling him that he was the low bidder and they would award to him only if he was going to sign the contract as is. Because he used the words "may be "they could not bounce him for being non responsive because he did not indicate he was not going to sign the contract, he said he did not know Com. Hutchinson stated she believed every bidder has that option, he just stated it. The Assistant County Attorney stated this was true; however, they would have to be willing to accept the consequences of being debarred for refusing to sign a contract or pay the difference between the first and second low bidder. Mr. Linkhorst addressed the principals of contract formation. The simple fact is the county has rules that states bids are not to be altered. Jacquin typed this language below and if someone had not noticed it, it may have slipped through. All bidders knew the rules of the contracts that were set. Mr. Daniel Hampton representing Compass Construction addressed the Board and advised them he has confidence they can provide the bond and he is a licensed contractor. Com. Dzadovsky addressed the monetary difference in the bond amount. The Assistant County Attorney stated the difference between the amount in Jacquin's bid bond and the total amount of his bid, what he did not count in his bid bond was the amount of his construction bond. The others put in 5% of the total, where Mr. Jacquin placed in an actual figure. Staff is not sure what the 5% indicates. Com. Dzadovsky asked Mr. Jacquin what his intent was in the change of the language. Mr. Jacquin indicated that in the contract documents there is a clause where it states they can fire the contractor without cause and they would be responsible for the additional cost incurred of the other contractor coming in and this was their concern. He stated they would be signing the contract as he indicated earlier and it is not an issue any more and they will be moving forward. The clause changed, when they did prior projects this clause was not in the contract and this was their concern. Mr. Jacquin expressed his apologies for this issue getting to this point. Ell EXHIBIT W00 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 CGC050899 May 17, 2011 Ms..FayeW..Outlaw Via email & US Mail County Administrator, St Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Protest of Intent to Award , Bid No.11-023 Renovation of Floors 3 & 4 of the Old Clerk of Courts Building Dear Ms. Outlaw: Please consider this letter as a formal protest in compliance with the requirements of paragraph 11.1 of St. Lucie County's Purchasing Manual. Specifically we protest the County's intent to award the referenced project to Paul Jaquin & Sons, Inc. The Jaquin bid must be considered non -responsive due to the fact that, at a. minimum, it contained a qualification which rejected the language of the proposed contract agreement included in the bidding documents; language that all other bidders accepted and reflected in their bid price. Offering to modify the contract language would provide Jaquin the opportunity to negotiate more favorable tenns than those anticipated by all of the other bidders. This would be patently unfair. What contractor wouldn.'t like to have the opportunity to negotiate more favorable terms post -bid? There is little doubt that any of the other bidders would be able to meet Jaquin's price, given the benefit of more favorable contract language. The prospect of offering Jaquin the contract now as per fine bidding documents is likewise unfair to the other bidders. It provides Jaquin an opportunity to sign an agreement or not, take it or leave it. This option is available a week after he has seen all other bids and had an opportunity to evaluate the quality of his own bid. Any contractor would be able to bid a more competitive price if they knew that they would be given an opportunity to sign the contract or walk away without consequence after having received such critical information. In closing, we submit that the low bid (Jaquin's) must be rejected for the above outlined reasons. We further submit that the second low bidder, established as a paving and utilities contractor, must be seriously scrutinized in terms of the experience in. similar projects. With the considerable financial consequences at risk to the County, we believe that we represent the low, responsible and responsive bidder. Sincerely David Brooks rprises, Inc. David Brooks, Presi ent Cc Dan McIntyre, County Atty. General Contractors . Construction Management Offices in Palm Beach Gardens & Okeechobee, Florida 11 EXHIBIT d s D B BOARD OF COUNTY COMMISSIONERS May 19, 2011 David Brooks David Brooks Enterprises 900 Burma Road, Suite 101 � Palm Beach Gardens, FL 33403 Dear Mr. Brooks: COUNTY ADMINISTRATOR FAYE W. OUTLAW, MPA This letter is in response to your formal protest of the County's Intent to Award Bid No. 11-023, dated May 17, 2011. Please be advised that I have reviewed the basis of your protest and consulted with County staff. Having done so; I have determined that your protest is without merit and is therefore denied. Your letter makes two arguments as to why Paul Jacquin & Sons, Inc. (hereinafter -referred to as "Jacquin") should be found non -responsive. First, you state that any offer by the County to modify the contract language would be unfair to the other bidders. This first argument is without merit because the County has not and will not offer Jacquin the opportunity to modify the contract language. On May 17"i, the Board of County Commissioners approved award to Jacquin on the condition that Jacquin execute "the county contract form, as sent out to all bidders in Addendum #3, within the time required by the bid and without modification." Second, you state that offering Jacquin the opportunity to sign the contract now is likewise unfair because it gives tnm the opportunity to walk away without consequence. This second argument is also .without merit. The decision as to whether Jacquin is awarded this bid lies with the County, not with Jacquin. The language to which you refer in Jacquin's bid is a deviation from the bid form. The Invitation to Bid includes the following language: The ,board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or part with or without cause, and accept the proposal which best serves the County. Per consultation with the County Attorney, it is a longstanding legal principle that public owners can and do have the right to waive any non -material deviation in a bid. The Supreme Court of Florida decision in Dept. of Transportation Y. Groves -Watkins Constructor, 530 So. 2d 912 (Fla. 1988) clarified that in the event of a bid protest, the hearing officer's sole responsibility is to ascertain whether the public agency acted fraudulently, arbitrarily, illegally or dishonestly in connection with determining the lowest responsive or responsible bidder. In Liberty City V. Baxter Asphalt & Concrete, Inc., 421 So. 2d 505 (Fla. 1982), the Florida Supreme Court ruled: CHRIS'DZADOVSKY, District No. 1 - TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 - CHRIS CRAFT, District No. 5 County Administrotor - Foye W. Ourlow, MPA 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • Phone (772) 462-1453 • TDD (772) 462-1428 FAX (772) 462-2131 • email: outlawf@stiucieco.org web site: www.stfucleco.org 11 A public body has. wide discretion in soliciting and 'accepting bids for public improvements and its decision; when based on an honest exercise of this discretion, will not be overturned by a court even if it may appear erroneous and even if reasonable persons may disagree. Liberty City, supra at 507. See also Overstreet Paving Co. v. State, Dept. of Transportation, 608 So. 2d 851 (Fla. 2d DCA 1992); Hubbard Construction Co. v. Dept of Transportation, 642 So. 2d 1192 (Fla. 1st DCA 1994); Baxter`s Asphalt & Concrete, Inc. v. Dept. of Transportation, 475 So. 2d 1284 -(Fla. 1 st DCA 1985) and Zropabest Foods, Inc, v. State Dept. of General Services, 493 So. 2d 50 (Fla. 1 st DCA 1986), wherein the First District held as follows: Although a bid containing a material variance is unacceptable, not every deviation from the invitation to bid is material -*It is only material if it gives the bidder a substantial advantage over the other bidders and thereby restricts or stifles competition ...A minor irregularity being a variation which does not affect the price of the bid or give the bidder an advantage or'benefit not enjoyed by the bidders or does not adversely impact the interests of the agency. Tropabest, supra at 52. If Jacquin signs the contract that was provided to all bidders in Addendum #3, he will essentially waive his own proposed condition precedent which was nev&r accepied by the County. Therefore, any deviation with respect to the bid submitted to the County would be non -material. Jacquin is being given the same opportunity that any other bidder would have been given: te h Opportunity to sign the Count contract documents as -is. If Jacquin does not sign the contract, the County will consider the deviation in his bid materials to be material and will therefore consider him nonresponsive. In that case, the County will award the bid to the next responsive, responsible bidder. I would note that, as indicated in your letter, you are the third low bidder, not the second low bidder. Should you wish to pursue administrative review, please Iet me know within 24-hours of receipt of this letter in accordange with the County's Purchasing Rule 11.2 (c). Sincerely, Faye Outlaw, MPA County Administrator cc: County Attorney MAY. M-210l f 9:26AM LINKHORST & HOCKIN f-A. NO, EXHIBIT. Adam C, Linkhorst 1 John A. Rockin 1,z Ryan V, Kadyszewski Jason P. Blevins Jason C Maier 1 Jared S. Gillman Z Also Admitted in Georgia Attorneys at Law www1loridahardhatlaw.com H � CONSTRUCTION LAW May 20, 2011 ..P VIA U.S. MAIL & FACSIMILE 772-462-2131 & E-MAIL. outlawf(a)stlucieco.orq Ms. Faye W. Outlaw County Administrator, St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982-6652 Re: Notice of Appeal Ire, County's Intent to Award Contract Bid No. 11-023 Project: Renovation of Floors 3 & 4 of the Old Clerk of Courts Building St. Lucie County, Florida ('Project") David Brooks Enterprises, Inc.'s Bid Protest, Notice of Appeal, and Demand for Administrative Review Dear Ms. Outlaw, This law firm represents David Brooks Enterprises, Inc. ("Brooks") in connection with its protest of St. Lucie County's ("County") award of the contract for the Project to apparent low bidder, Paul Jacquin & Sons, Inc. ("Jacquin") or to apparent second low bidder Compass Construction, LLC ("Compass"). This letter is intended to serve as Brooks' notice of appeal furnished pursuant to St Lucie County Purchasing Rule 11.2(c). We are also requesting an administrative review of this matter. While Brooks was the apparent third low bidder,- Brooks was in fact the low responsive and responsible bidder and should be awarded the contract for the Project. Jacquin's Bid is Non -Responsive Jacquin's bid is non -responsive because it was not submitted in an unqualified manner. Specifically, Jacquin's bid 'included a letter which sought to condition Jacquin's acceptance of the contract for the Project on being able to further negotiate the contract's terms. Such qualification: (a) is not allowed by the Bid Package or County Procurement Regulations, (b) is not allowed by State. or Federal law, (c) constitutes a counter-offer to the County's bid offer and 4.495 MiU.tary Trai) Suite 106, Jupiter, Florida 33458 ` Office 561.626.8880 / Office 954.776.5990 Facsimlc 561.626.8885 i;ti ky 2 g) i 11p11. Lv; " 1. LUnnl L11YINIIV1%01 C( nVVNI;19 I". /j. iYu v,h1.,4 .r' •, not an acceptance of the same, (d) provides Jacquin a material advantage over any other prospective bidders and (e) violates the tenets upon which competitive bid process is based_ The inclusion of the qualification by Jacquin demonstrates that Jacquin did not intend to agree to the terms of the contract offered by the County. Rather, Jacquin submitted a price and essentially said — "I will do the work for X price, if the contract is dhanged to the way i want it; but, if the contract isn't changed, I will just walk away, and get my bid bond back." The ability for Jacquin to walk away from its bid and not be in jeopardy of losing its bid bond creates a substantial, material advantage in favor of Jacquin over all other bidders. Jacquin was free to submit a low bid and then decide after it could see: (a) what all other bidders submitted and (b) whether it could wrangle any contract changes, whether to actually sign the contract. Further, given that Jacquin conditioned its bid on changes to the contract being made, it stands to reason that Jacquin's bid price assumed that the risk Jacquin would undertake to construct the Project would be something less than the risk which would be undertaken by any bidder who proposed to accept the scopiand obligations of an unmodified contract. However, the fact is, even if the County were to only offer to allow Jacquin to sign the contract "as is," Jacquin still had the opportunity (an opportunity that no other bidders were afforded) to decided to "take or leave" the contract. By : accepting Jacquin's Bid, but excluding the proposed qualifications, the County is essentially treating Jacquin's bid as two bids_ Section 13.0 of the Instructions to Bidders specifically precludes the submittal by one party of more than one bid. The County violated this requirement by even accepting Jacquin's bid. 4 Finally, the last paragraph of section 2.0 of the Instructions to Bidders indicates that by submitting a bid, a bidder makes an "incontrovertible representation„ that the bidder has "complied with all requirements in the bid package and that the Contract Documents are sufficient in scope. and detail to indicate and convey understanding of all terms and conditions for performance of the work." Given that Jacquin qualified its bid, how then could Jacquin have also made the foregoing certification? The answer is that Jacquin cannot "have its cake and eat it too." Jacquin's bid is non -responsive and should be disregarded. Jacquin Received a Competitive Advantage Because Its Bid Bond Is Not At Risk — An Advantage Not Afforded to the Other Bidders By the language approved at the May 17, 2011 Commission meeting, the only consequence of Jacquin refusing to sign the contract will be that the County will award the contract to the next responsive responsible bidder_ However, any other bidder refusing to sign the contract risks losing the value of his bid security. This constitutes a competitive advantage in favor of Jacquin not enjoyed by the other bidders_ Jacquin Received a Competitive Advantage Because Jacquin Has. Seen The Other Bids and Has Had Time to Shop The Contract Buy -Out and Evaluate His Option To Accept the Work Without Risk — An AdvantNe Not Afforded to the Other Bidders In the last paragraph of your letter dated May 19, 2011, you indicate that the County intends to determine the responsiveness of Jacquin's bid solely on whether or not he agrees to sign the contract. "ff Jacquin does not sign the contract, the County will consider the. deviation in his bid materials to be material and will therefore consider him nonresponsive." This position clearly indicates that the County has not yet made a 2 MAY. 2 . -TOT 1 9 : 27AM L I NKHORST & HOCK i N--� -P A. NO. 0619 P. 3 determination whether Jacquin's was responsive. We won't know until Jacquin either signs the agreement (responsive bid) or refuses to sign (nonresponsive bid). He controls his own destiny. Unlike all other bidders, Jacquin has enjoyed the benefit of several days (thus far) to evaluate his bid, shop for more favorable prices and then decide if it is his best interest to sign the proposed agreement. Unlike all other bidders, Jacquin (by virtue of the County's position) may choose to decline the contract without penalty of forfeiting his bid security. We Submit that whether or not Jacquin's bid was responsive lies in determining whether Jacquin's bid qualification gave him a material advantage, not whether or not he ultimately signs the proposed agreement. The "ability to bid a lower price in anticipation of more favorable contract language, the benefit of riot risking his bid security, plus seeing all corhpetitoes bids and having time to evaluate your own bid before deciding whether to sign the contract are all considerable advantages enjoyed by Jacquin and no other bidder. s Compass is not a Responsive or Responsible Bidder Brooks protests any award of the contract to Compass on the basis of both a lack of responsiveness and responsibility. With regard to responsiveness, Compass failed to properly complete the Bid Form. Specifically, Compass failed to attach the bid bond form mandated by the Bid Form. The Bid Form requires that a Section 00300 Bid. Bond Form. be used; the bid bond submitted by Compass was on a different form_ Compass also failed to accurately answer certain questions on the Bid Form. The inaccurate responses render Compass' bid non- responsive and the actual answers given demonstrate Compass' lack of responsibility. Section 00270 seeks to elicit information about bidders' qualifications. Compass' responses to the certain questions were non -responsive and underscore Compass' lack of responsibility. For example, question 6 requests that Bidders identify the last project of the same nature as the instant Project that it completed. In response, Compass advised that an employee had worked on the Okeechobee Court House and the Clerk of Court's Building in St. Lucie County. Such response is non -responsive and demonstrates a lack of responsibility. The fact that an employee had worked on certain projects while employed by other contractors has no bearing on Compass' capabilities. Such question is intended to elicit whether Compass has the experience, infrastructure, financial ability and competence to not only construct the bones of the Project, but to also manage the construction in the manner needed to achieve completion in a significantly compressed timeframe, be able to handle the financial stresses of the Project and properly man the Project. Similarly, Compass' response to Question 10 underscores Compass' significant lack of experience with the type of construction needed to build the Project. This question asks bidders to list three significant projects completed within the past three years. In response, Compass listed the Immokalee Casino, Leilani Heights and Silver Palms RV Resort projects. Each of these three projects were also listed on the resume Compass submitted with its bid under the "Recent Projects" heading. The price for the Immokalee Casino project was $129,750, for the Leilani Heights project was $370,000 and for the Silver Palms RV project was $837,000. Simple math reveals that the aggregate of the contract prices for Compass' three "significant projects' is more than $500,000 less than Compass' bid for this Project. That resume also identifies that the largest project Compass performed was the Scott Driver Park project for $1.5m, which involved site work and not vertical construction and was approximately $500,000 less than Compass' bid amount for this Project. All of this is highly suggestive that Compass simply does not have the requisite experience and therefore responsibility to be able to 11-1111. , I . n. IVV. VO I7 r. of successfully complete the Project, particularly given the highly compressed schedule and access restrictions imposed by the contract. Accordingly, Compass should be deemed a non -responsive and non -responsible bidder and should not be awarded the contract for the Project. Conclusion This letter is intended to provide the County with notice of the appeal and a demand for administrative review as required by the County's Purchasing rule 11.1(c). Brooks intends to supplement this letter with a memorandum outlining its claims and supporting facts and law prior to the administrative hearing on thiseprotest. Please direct future communications concerning this matter to the attention of the undersigned attomeys on behalf of Brooks. Also, we understand that this Project is for emergency repairs and that there is a compressed construction schedule and thefefore we are willing to work with you to expedite any hearings on this matter as may be reasonably coordinated between our offices. Thank you for your attention to this matter. We look forward to hearing from you shortly to coordinate a hearing on this matter. 4A - r JCM/jl cc_ David Brooks Enterprises, Inc. Dan McIntyre, County Attorney (via Email @ mcintyred(cbstlucieco.org and US Mail) 4 in numbers) Paul Jacquin & Sons, Inc ITEM TOTAL AMOUNT TOTAL BASE BID + LUMP SUM ALLOWANCES $ a TOTAL COST OF PUBLIC CONSTRUCTION BOND $ 24f m TOTAL BID(Lump Sum r $ 8 p NOTE: It is the intent of the owner to award only one (1) contract for work bid in this advertisement. The award will be made to the lowest responsive, responsible and qualified bidder based on the total sum amount bid for the Base Bid. The owner reserves the right to select any combination of the Base Bid. Dated and signed at 7348Commercial circa e, FP, FL 34951this 10 day of May 0,�1 . NOTE: The contractor should field verify the actual site conditions prior to time of bidding and before submitting the bid proposal. The contractor should read the special conditions and the requirements for insurance before submitting a bid proposal. The contractor should verify the quantities to be included in the constr„pction contract upon notice of anticipated award. The contractor shall furnish St. Lucie County with a Public Construction Bond, in 100% of the total estimated amount of the contract. The Public Construction Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The contractor in his bid shall include the cost of said bond. Density testing shall be at the expense of St. Lucie County, except for failing tests, which shall be charged to the contractor. I have attached the required 5% Bid Security to this Bid .Contact Person Michael Jacquin - President: Business Address 7348 Commercial Circle City, State, Zip Code Fort Pierce, FL 34951 Business Phone Number 772-465-2475 Fax Number 772-466-2806 Cell Phone Number Please note Paul Jacquin & Sons, Inc may or may not agree to all terms and conditions of the contract with St Lucie County, The contract will be reviewed, modified and agreed to by both parties prior to being executed. 3 11 It was moved by Com. Hutchinson, seconded by Com. Lewis, to deny the bid protest, and; upon roll call, motion carried unanimously. Com. Craft addressed a request from staff to deal with the June informal meeting. It was the consensus of the Board to have the opportunity to review their calendars and provide the information by e-mail. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 ITEMS 05/20/11 FZABWARR FUND TITLE 001 001001 001194 001413 001445 001512 001517 001529 001532 101 101002 101003 101004 101006 102 102001 105 107 107003 107005 107006 107205 107206 129801 130102 130211 130212 140 140001 140353 140356 140358 162 183 183001 183006 185010 189101 190 216 310D01 316001 318 401 418 451 471 505 General Fund ST. LUCIE COUNTY - BOARD WARRANT LIST #34- 14-MAY-2011 TO 20-MAY-2011 FUND SUMMARY Recreation Special Events U.S. Dept of Housing & Community FL Dept. Of Transp Park & Ride Emer. Mgmt Prep. (EMPA) FY11 Neighborhood Stabilization Program HUD Shelter Plus Care CSBG FY 2011 Homeland Security -Issue 11 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt FIND Stam Blum Restrooms Phase II FTA 5307-ARRA 2009 Capital Projects FDOT Service Dev TCC US1 Route FCTD TRIP Grant Airport Fund Port Fund Taylor Creek New Spoil Site FDOT Airport Master Plan Update FDOT Update Master Drainage Plan Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund FHFA SHIP 2008/2009 Home Consortium FY 2008 Sports Complex Fund County Capital I&S Impact Fees -Library 5th Cent Fuel -Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund No County Utility District-Operatin Health Insurance Fund EXPENSES 363,875.23 79.85 543.00 34,778.31 166.50 2,980.32 713.00 217.46 130.00 1,830.22 13,841.39 10,680.60 14,931.23 3,353.43 23,875.00 3,715.DO 37,500.00 244,501.42 4,604.53 8,888.59 4,243.24 16.85 26,655.98 6,700.00 122,303.24 18,220.59 27, 863.80 5,996.06 148.80 1,815.38 2,514.40 1,484.70 7,632.08 5,073.11 140.00 526.82 36.00 86.00 21, 592.39 1,202.00 31,102.14 2,590.78 20,379.09 865,663.77 35,578.31 56.12 2,769.69 1,667.29 PAGE PAYROLL 30,054.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,633.70 1 05/20/11 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #34- 14-MAY-2011 TO 20-MAY-2011 FUND SUMMARY FUND TITLE EXPENSES 611 Tourist Development Trust-Adv Fund 7,556.52 615 Impact Fees Fund 12,017.28 625 Law Library 14,071.69 630 Tax Deed Overbid Agency Fund 3,754.09 665 SLC Art in Public Places Trust Fund 416,537.00 801 Bank Fund 25,417.51 GRAND TOTAL: 2,464,618.40 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 31,688.30 05/27/11 FIZABWARR FUND TITLE 001 001190 001444 001445 001509 001512 001517 001518 001519 001523 001529 001531 001534 101 101001 101002 101003 101004 101006 102 102001 102812 107 107001 107002 107006 129 129801 130 130101 130102 130104 1301.07 130109 1302.10 140 140001 150 160 183 183004 183006 184106 184215 189102 190 310001 310002 ST. LUCIE COUNTY - BOARD WARRANT LIST #35- 21-MAY-2011 TO 27-MAY-2011 FUND SUMMARY General Fund FTA Sec 5307 - Buses 05/06 FCTD---Planning Grant FY10-11 Emer. Mgmt Prep. (EMPA) FY11 US Dept of Housing CDBG 09 Neighborhood Stabilization Program HUD Shelter Plus Care Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery Emer Mgmt Prep & Assis FY11 (EMPG) CSBG FY 2011 US DHHS Earned Income Tax Cr 10/11 Metropolitan Planning/Section 5303 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Parks MSTU Fund FIND Stam Blum Restrooms Phase II SLC Public Transit MSTU FTA Operating and Capital Assist FTA 5307-ARRA 2009 Capital Projects FTA 5317 New Freedom Enhanced Servi FTA 5311 Block Grant FTA 5307 Capital and Operating FDOT 5311 Block Grant Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund Fish & Wildlife Art Reef Const DEP Ft Pierce Shore Protection 2012 Home Consortium 2009 Sports Complex Fund Impact Fees -Library Impact Fees -Parks EXPENSES 630,393.21 2,568.96 64.82 179.31 1,739.00 19,515.02 57.75 612.20 48,618.52 45.31 1,769.65 6.71 60.88 2,417.68 120.28 14,560.37 4,776.91 2,915.45 45,589.16 6, 002.14 25,871.45 11,958.58 20,176.63 86.56 86.56 800.48 12,438.00 17,805.60 56,469.73 20,583.84 3,737.50 9,020.02 9,275.39 108, 307.91 63,663.63 12,438.61 6,182.85 109.91 249.65 3,320.54 1, 004.26 15,864.90 68,000.00 14,100.30 128.97 6,148.11 6, 951.34 7,540.00 PAGE PAYROLL 460,476.02 0.00 857.40 0.00 0.00 2,464.92 795.63 8,231.81 1,896.51 0.00 1,366.40 0.00 805.64 33,037.24 1,237.60 4.7, 521 .58 13,760.98 .16, 038 . 64 0.00 64,419.1.3 1.1, 642 . 95 8,525.72 134,160.33 1,122.83 1,122.83 8,736.95 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,085.83 0.00 11,472.16 0.00 1,523.20 3,110. 4 6 3,105.65 4,813.1-2 0.00 0.00 0.00 1, 733.40 20,432.08 0.00 0.00 05/2.7/11. FTA.. WARR j YPNO 318 362300 401 418 j 451 471 ir 4'7 8 4.7 9 4.9.1. S05 SO5001 611 625 66S i; !Ii ST. LUCIE COUNTY - BOARD WARRANT LIST #35- 21-MAY-2011 TO 27-MAY-2011 FUND SUMMARY TITLE; County Capital -Transportation Bond FDOT Airport Terminal Renovations Sanitary Landfill Fund Golf Course Fund S . Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Uti.l Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund :[yaw Library SLC Art .in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 1,460.40 783.76 194,973.23 4, 945.83 4,103.76 48.63 2,991.07 88.63 77.36 1,317.52 145,041.44 370.32 160.02 163.76 750.00 217,430.91 1,859,041.29 PAGE 2 PAYROLL 0.00 0.00 50,931.85 16, 865.20 4,523.90 665.15 7,131.96 1,213.06 1,045.91 15,004.78 2,820.11 4, 929.37 1,901.01 0.00 0.00 0.00 973,529.31 05/27/11 ST. LUCIE COUNTY - BOARD 1-. FZABWARR VOID LIST# 35- 21-MAY-2011 TO 27-MAY-2011 FUND: 401 - Sanitary Landfill Fund PAGE CHECK INVOICE VENDOR TOTAL !0004723 I1112646 Neff Rental Inc. 67.50- CREDIT MEMO I1112647 67.50- CREDIT MEMO I1112648 574.25 I1112648 574 25 CHECK TOTAL: 1,013.50 FUND TOTAL: 1,013.50 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-I Date: June 7, 2011 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 11-022 Amending The Grove Street Lighting District BACKGROUND: See C.A. No. 11-0565 FUNDS AVAIL.(5tate type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 11-022 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, M.P.A. County Administrator Coordination/5ignatures �' County Attorney: Mgt. &Budget: �,�.;!k\ Purchasing: Daniel S. McIntyre Marie Oquin Originating Dept.: a Growth Mgmt: Other Don kest, P.E. 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: 11-0565 DATE: May 25, 2011 - SUBJECT: - Permission to Advertise - Ordinance No. 11-022 Amending The Grove Street Lighting District BACKGROUND: The Grove Street Lighting District was created in 1982 with the adoption of Ordinance No. 82-01 to provide street lighting services and establish a method of funding such services through special assessments levied on the property withing the District. On May 11, 2010, the Board adopted Ordinance No. 10-017 which established a uniform methodology for funding street lighting districts. Attached to this memorandum is a copy of proposed Ordinance No. 11-022 which would amend and restate Ordinance No. 82-01 and its subsequent amending ordinances to provide for the assessment methodology to be established by resolution adopted in accordance with Ordinance No. 10-017. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 11-022 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Management and Budget Director Public Works Director MSBU Coordinator ORDINANCE NO. 11-022 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA PERTAINING TO THE GROVE STREET LIGHTING DISTRICT; AMENDING AND RESTATING ORDINANCE NOS. 82-1 AND 83-06; DESCRIBING THE REAL PROPERTY COMPRISING THE GROVE STREET LIGHTING DISTRICT; PROVIDING THAT THE BOUNDARY OF THE DISTRICT MAY BE REVISED IN THE FUTURE BY RESOLUTION; PROVIDING THAT THE APPORTIONMENT METHODOLOGY FOR SPECIAL ASSESSMENTS LEVIED UPON REAL PROPERTY WITHIN THE DISTRICT TO FUND THE STREET LIGHTING SERVICES AND RELATED EXPENSES SHALL BE PROVIDED FOR BY RESOLUTION; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE, PROVIDING AN EFFECTIVE DATE; PROVIDING FOR NON CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners (the 'Board") of St. Lucie County, Florida (the "County"), has made the following determinations: 1. The Grove Street Lighting District (the "District") was created by County Ordinance No. 82-1 (as amended from time to time, and particularly as amended by Ordinance No. 83-06, the "Ordinance") for purposes of providing for the delivery of street lighting services within the boundaries of the District and the funding of such services through the imposition of special assessments levied upon real property located therein. 2. The Board deems it advisable to amend and restate the Ordinance to set forth a description of the real property comprising the District, to provide that the District boundary may be revised in the future by resolution and to provide that the apportionment methodology for special assessments levied upon real property within the District to fund the street lighting services shall be as provided by resolution. 3 Article VIII, section 1 of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general or special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: SECTION 1. AMENDMENT AND RESTATEMENT OF ORDINANCES. County Ordinance Nos. 82-1 and 83-06, including any amendments thereto, are hereby amended and restated in their entirety by this ordinance. SECTION 2. ESTABLISHMENT OF THE DISTRICT. The establishment and creation of The Grove Street Lighting District is hereby ratified and confirmed. The District has been created for purposes of providing for the delivery of street lighting services within the boundaries of the District and the funding of such services through the imposition of special assessments levied upon real property located therein SECTION 3. BOUNDARIES OF THE DISTRICT. (A) The District is described as follows: A parcel of land lying in Section 10, T-36-S, R-40-E, St. Lucie County, Florida, said parcel being more particularly described as follows: All that part of the Grove Condominium, Section One, Phases 1, 2, 3, 4, 5, 6, 7, 8, 11 and 19 according to the Declaration of Condominium as described and recorded in Official Record Book 386, page 817 of the public records of St. Lucie County, Florida. Less and except the following described parcels of land; Section 1, Phase 19 (Recreation Parcel) according to the Declaration of Condominium as described and recorded within Official Record Book 386, page 817; and less and except the Lake parcel as described within Official Record Book 803 at page 2055. Less and except public and or private road and canal right of ways of record. (B) The boundaries of the District may be subsequently revised or amended by resolution adopted in accordance with County Ordinance No. 10-017, or its successor in function (the "Assessment Ordinance"). SECTION 4. APPORTIONMENT METHODOLOGY. The method of apportioning special assessments imposed within the District to fund the delivery of street lighting services and related expenses shall be as provided by resolution adopted in accordance with the Assessment Ordinance. W SECTION 5. CONFLICTING PROVISIONS; REPEALER. 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. SECTION 6. 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. SECTION 7. 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. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. SECTION 9. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XX Vice Chairman Chris Dzadovsky XX Commissioner Paula A. Lewis XX Commissioner Tod Mowery XX Commissioner Frannie Hutchingson XX PASSED AND DULY ENACTED this day of ATTEST: Deputy Clerk 2011. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman 1 SECTION 5. CONFLICTING PROVISIONS; REPEALER. 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. SECTION 6. 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. SECTION 7. 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. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. SECTION 9. CODIFICATION. This ordinance shall not be codified. SECTION 10. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XX Vice Chairman Chris Dzadovsky XX Commissioner Paula A. Lewis XX Commissioner Tod Mowery XX Commissioner Frannie Hutchinson XX PASSED AND DULY ENACTED this day of ATTEST: Deputy Clerk 2011. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman 3 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-II Date: June 7, 2011 Regular [ ] Public Hearing[ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 11-023 Amending Sunland Gardens Street Lighting District BACKGROUND: See C.A. No. 11-0566 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 11-023 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED { ] OTHER: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: Danie S. McIntyre W Marie Originating Dept.: tl Growth Mgmt: Other Don est, P.E. 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: 11-0566 DATE: May 25, 2011 SUBJECT: Permission -to -Advertise - Ordinance No. 11-023 Amending 5unland Gardens Street Lighting District BACKGROUND: The 5unland Gardens Lighting District was created in 1977 with the adoption of Ordinance No. 77-03 to provide street lighting services and establish a method of funding such services through special assessments levied on the property withing the District. On May 11, 2010, the Board adopted Ordinance No. 10-017 which established a uniform methodology for funding street lighting districts. Attached to this memorandum is a copy of proposed Ordinance No. 11-022 which would amend and restate Ordinance No. 77-03 and its subsequent amending ordinances to provide for the assessment methodology to be established by resolution adopted in accordance with Ordinance No. 10-017. RECOMMENDATION/CONCLUSION : Staff requests permission to advertise proposed Ordinance No. 11-023 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. Respectfully submitted, 416� Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Management and Budget Director Public Works Director MSBU Coordinator ORDINANCE NO. 11-023 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA PERTAINING TO THE SUNLAND GARDENS STREET LIGHTING DISTRICT; AMENDING AND RESTATING ORDINANCE NO. 77-3; DESCRIBING THE REAL PROPERTY COMPRISING THE SUNLAND GARDENS STREET LIGHTING DISTRICT; PROVIDING THAT THE BOUNDARY OF THE DISTRICT MAY BE REVISED IN THE FUTURE BY RESOLUTION, PROVIDING THAT THE APPORTIONMENT METHODOLOGY FOR SPECIAL ASSESSMENTS LEVIED UPON REAL PROPERTY WITHIN THE DISTRICT TO FUND THE STREET LIGHTING SERVICES AND RELATED EXPENSES SHALL BE PROVIDED FOR BY RESOLUTION; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE, PROVIDING FOR NON CODIFICATION, AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners (the 'Board") of St. Lucie County, Florida (the "County"), has made the following determinations: 1. The Sunland Gardens Street Lighting District (the "District") was created by County Ordinance No. 77-3 (including any amendments thereto, the "Ordinance") for purposes of providing for the delivery of street lighting services within the boundaries of the District and the funding of such services through the imposition of special assessments levied upon real property located therein. 2. The Board deems it advisable to amend and restate the Ordinance to set forth a description of the real property comprising the District, to provide that the District boundary may be revised in the future by resolution and to provide that the apportionment methodology for special assessments levied upon real property within the District to fund the street lighting services shall be as provided by resolution. 3 Article VIII, section 1 of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general or special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: SECTION 1. AMENDMENT AND RESTATEMENT OF ORDINANCE. County Ordinance No. 77-3, including any amendments thereto, is hereby amended and restated in its entirety by this ordinance. SECTION 2. ESTABLISHMENT OF THE DISTRICT. The establishment and creation of the Sunland Gardens Street Lighting District is hereby ratified and confirmed. The District has been created for purposes of providing for the delivery of street lighting services within the boundaries of the District and the funding of such services through the imposition of special assessments levied upon real property located therein SECTION 3. BOUNDARIES OF THE DISTRICT. (A) The District is described as follows: A parcel of land lying in Section 5, T-35-S, R-40-E, St. Lucie County, Florida, said parcel being more particularly described as follows: Those parcels of land abutting Avenues I, J, K, L, M, N, O, P, Q, R, S and T between 33ra Street and North 41s' Street And Those parcels of land abutting 33ra Street, 351" Street, 371" Street, 391" Street and 41s' Street between Avenue I and Avenue T. (B) The boundaries of the District may be subsequently revised or amended by resolution adopted in accordance with County Ordinance No. 10-017, or its successor in function (the "Assessment Ordinance"). SECTION 4. LEVY OF SPECIAL ASSESSMENTS WITHIN THE DISTRICT, APPORTIONMENT METHODOLOGY. (A) Special assessments imposed within the District to fund street lighting services shall be levied in accordance with the Assessment Ordinance. (B) The method of apportioning special assessments imposed within the District to fund the delivery of street lighting services and related expenses shall be as provided by resolution adopted in accordance with the Assessment Ordinance. 2 SECTION 5. CONFLICTING PROVISIONS; REPEALER. 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. SECTION 6. 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. SECTION 7. 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. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. SECTION 9.. CODIFICATION. This ordinance shall not be codified. SECTION 10. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XX Vice Chairman Chris Dzadovsky XX Commissioner Paula A. Lewis XX Commissioner Tod Mowery XX Commissioner Frannie Hutchinson XX PASSED AND DULY ENACTED this day of 2011. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman 3 S:\atty\ordnance\2011\11-023.doc APPROVED AS TO FORM AND CORRECTNESS: 0 County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO.. VI-B-3 DATE: June 7, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-092 - "CIVILITY MONTH.' in St. Lucie County, Florida. BACKGROUND: Vivien Monaco; Chair of the City, County and Local Government Law Section of the Florida Bar, has requested that'this Board proclaim the month of May 2011 as "CIVILITY MONTH" in St. Lucie County, Florida. The attached Resolution No. 11-092 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 11-092 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 11-092 A RESOLUTION PROCLAIMING THE MONTH OF MAY 2011 AS "CIVILITY MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The open exchange of public discourse is essential to the democratic system of government. 2. As a cornerstone of democracy, Americans have observed certain rules of behavior generally known as civility. Civility, derived from the Latin Words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others. 3. Displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government. 4. Civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships. 5. Civility can uplift our daily life and make it more pleasant to live in an organized society. 6. The City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the month of May 2011 is proclaimed as "CIVILITY MONTH" and calls upon all citizens to exercise civility toward each other. PASSED AND DULY ADOPTED this 7th day of June 2011. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA W. CHAIRMAN APPROVER AS TO LEGAL FORM AND COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-4 DATE: June 7, 2011 REGULAR[] PUBLIC HEARING [ ] CONSENT [xj PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Reimbursement from Solar Energy Loan Fund for professional services. BACKGROUND: See CA No.11-0528 FUNDS AVAILABLE: #001-1410-369900-100 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. 11-093 and authorization for the Chairman to sign documents, as approved by the County Attorney. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: t-'` Daniel S. McIntyre INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 11-0258 DATE: June 7, 2011 SUBJECT: Reimbursement from Solar Energy Loan Fund for Professional Services BACKGROUND: Certain funds not anticipated at the time of adoption of the budget have become available in the form of a $17,061.05 reimbursement from the Solar Energy Loan Fund for expenses related to professional services paid for by this office for their initial startup. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve Budget Resolution No.11-093 and authorization for the Chairman to sign documents, as approved by the County Attorney. DSM/cb H:\AgendaMemo-DSM-BA.wpd Respectfully submitted, Daniel S. Mcl County Attor RESOLUTION NO. 11-093 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 a reimbursement of $17,061.05 from the Solar Energy Loan Fund (SELF) for expenses related to professional services that were paid by the County Attorney's office for SELF's initial startup. 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 7th day of June, 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 001-1410-369900-100 Other Miscellaneous Revenues APPROPRIATIONS 001-1410-531000-100 Professional Services After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman Commissioner Chris Dzadovsky, Vice Chairman Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner Tod Mowery PASSED AND DULY ADOPTED THIS 7TH DAY OF JUNE 2011. ATTEST: $17, 061 $17,061 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-5 DATE: 06/07/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2 BACKGROUND: See CAI 1-545 FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board approved the Subdivision Improvement Agreement on June 19, 2007 Board approved the First Amendment on June 10, 2008 RECOMMENDATION: Staff recommends approval of Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2 COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney ( x) OMB Director ( ) Budget Analyst Daniel S. McIntyre Planning and ( X) Public Works ( X ) Development Engineering Services (Mark Satterlee) (Name) (Name) (Don West) COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA11-545 DATE: June 7, 2011 SUBJECT: Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2 ITEM NO. VI-B-5 Backaround: On June 19, 2007, St. Lucie County and Centex Homes entered into an agreement, hereinafter referred to as the "Agreement" for the satisfactory completion of required infrastructure improvements for Palm Breezes Phase .2. The Agreement required the satisfactory completion of the required improvements within twenty-four (24) months from the recording of the plat for the subdivision. The plat for the subdivision was recorded on July 24, 2007, requiring completion of the improvements on or before July 24, 2009. On June 10, 2008, the parties agreed to extend the term of the agreement for twenty-four (24) months, requiring completion of improvements on or before July 24, 2011. On April 7, 2009, Pulte Homes Corporation acquired Centex Corporation. Pulte Homes Corporation now desires to accept assignment of the Subdivision Improvement Agreement as amended. On May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147, Laws of Florida, more commonly known as the "Jobs for Florida" Bill. The Bill provides that any local government issued development order or permit that has an expiration date of September 1, 2008 through January 1, 2012, is extended and renewed for a period of two (2) years following its date of expiration provided that said development order or permit has not been determined to be in significant non-compliance with its conditions. The Developer timely filed its Notification for the two (2) year extension in accordance with the provisions of the Bill and staff has conducted the review and has not found the development order or permit to be in significant non-compliance. Recommendation: Staff recommends approval of Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2. Respectfully submitted, -- Heather Sperrazza Lueke Assistant County Attorney I SECOND AMENDMENT AND ASSIGNMENT TO JUNE 19.2007 SUBDIVISION IMPROVEMENT AGREEMENT C07-04-334 THIS SECOND AMENDMENT AND ASSIGNMENT is dated this day of 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and PULTE HOMES CORPORATION their successors, executors, administrators, and assigns, hereinafter called the "Developer." WHEREAS, on June 19, 2007, St. Lucie County and Centex Homes entered into an agreement, hereinafter referred to as the "Agreement" for the satisfactory completion of required infrastructure improvements for Palm Breezes Phase 2; and, WHEREAS, the Agreement required the satisfactory completion of the required improvements within twenty-four (24) months from the recording of the plat for the subdivision; a WHEREAS, the plat for the subdivision was recorded on July 24, 2007, requiring completion of the improvements on or before July 24, 2009; and, WHEREAS, on June 10, 2008, the parties agreed to extend the term of the agreement for twenty-four (24) months, requiring completion of improvements on or before July 24, 2011; and, WHEREAS, on April 7, 2009, Pulte Homes Corporation acquired Centex Corporation; and WHEREAS, Pulte Homes Corporation now desires to accept assignment of the Subdivision Improvement Agreement as amended; and WHEREAS, on, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147, Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill"); and WHEREAS, the Bill provides that in recognition of the 2009 real estate market conditions, any local government issued development order or permit that has an expiration date of September 1, 2008 through January 1, 2012, is extended and renewed for a period of two (2) years following its date of expiration provided that said development order or permit has not been determined to be in significant non-compliance with its conditions; and said Bill further provides that this two (2)year extension also applies to buildout dates, including any extension of a buildout date that was previously granted under s. 380.06(19) (c), Florida Statutes; and WHEREAS, the Bill further provides that the request for statutory extension must be timely made in writing by December 31, 2010; identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization; and WHEREAS, on October 25, 2010, the Developer timely filed its Notification for the two RM:7971763:1 -1- (2) year extension in accordance with the provisions of the Bill; and WHEREAS, further, pursuant to the Bill, the development order or permit must be reviewed by Planning and Development Services staff and found not to be in significant noncompliance with the conditions of its approval; and WHEREAS, the Planning and Development Services staff has conducted the review and has not found the development order or permit to be in significant non-compliance; and WHEREAS, this extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of County Commissioners' good faith interpretation of SB 1752 (2010 Session). By accepting this extension, the applicant agrees to hold St. Lucie County harmless in the event a court of competent jurisdiction determines that the extension granted by St. Lucie County were not legally granted or in the event that the extension is subsequently revoked based on a constitutional challenge. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. The foregoing recitals are true and correct and are incorporated into and form a part of this agreement. 2. Pulte Homes Corporation is now the Developer of Palm Breezes Phase 2 and accepts assignment of the Subdivision Improvement Agreement as amended. 3. Pursuant to the provisions of the Bill, the Phase 2 Subdivision Agreement for the project known as Palm Breezes Phase 2 has been found to be eligible for and consistent with the provisions contained in Section 46 of said Bill and that the applicant has timely filed for the extension provided in said Bill; therefore, in accordance with said Bill the date by which Developer agrees to complete the required improvements pursuant to said Subdivision Agreement is hereby extended for two years, so that its previous expiration date of July 24, 2011 is hereby extended to July 24, 2013. 4. In the event that a court of competent jurisdiction determines that the Bill is unconstitutional, the extension granted by this order shall become null and void. 5. Except as amended herein, the remaining terms and conditions of the Agreement, as previously Amended, shall remain in full force and effect. RM:7971763:1 -2- IN WITNESS WHEREOF, the parties have caused the execution of this Second Amendment and Assignment by their duly authorized officials as of the day and year first written above. Attest: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK CHAIRMAN WITNESSES: 17UWi1►f61.'fc3fl APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY PULTE HOMES CORPORATION BY: NAME: TITLE: -3- a AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS I Y Y �1► �►(IAi� ::� DATE: June 7, 2011 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement International Airport Business Park of St. Lucie County, LLC 3251 St. Lucie Blvd, BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See Attached Memorandum Me 10 RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct International Airport Business Park of St. Lucie County, LLC to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER [x] County Attorney: ' (3 d v"I Heather Young for D� cIntyre [x] Originating Dept: SW- JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Annrovals [x] Road and Bridge k DP Don Pauley [x] Engineering: joyp Mike Powley [x] Public Works: V� ` Don West i [x] County Surveyor: Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: June 7, 2011 SUBJECT: Revocable License Agreement International Airport Business Park of St. Lucie County, LLC 3251 St. Lucie Blvd. BACKGROUND: International Airport Business Park of St. Lucie County, LLC requests permission to install a 6-ft. chain link fence with a green privacy screen in the County's rights -of -way of St. Lucie Blvd. and Cayuga Ave. They have asked to put up this fence to prevent dumping of debris on their property and loitering. Staff has approved the Revocable License Agreement with the understanding if the fence creates any problems or should any owner of the property on Cayuga Ave, require access to their parcel for development purposes they shall remove and relocate the fence at the Licensee's sole expense. International Airport Business Park of St. Lucie County, LLC has signed this Revocable License Agreement with this understanding. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct International Airport Business Park of St. Lucie County, LLC to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager N �"• 6&� * FENCE LOCATION-ST. LUCIE BLVD & CAYUGA AV � � �L S CISCLAIM ER SL Lude County maY.es no warranty, represenleam or guaranty as to the content, sequence. xcuracy, llmelinesc, or wmphown-cof my of the geodata Information provided herein, The reader should not rely an the data provided herein for my reason. St Lucie County explidfly tllsdaims any representations and warranties, Includim with ut limitallon. Ne implietl 0 U.0037&I.0O75 0,015 0.0225 0.03 Ilea of merchantability and fitness for a particular purpose. St Lade County shall assume no Ilahility for: 1. Any amass, omisdons, or Inawurncks M the hil�eg ,warranties provided regardless of how cmaed; or 2. Any dedalm made or ad taken or not taken by wry parson In rsllence upon any Information ordata furnished hereunder. This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and INTERNATIONAL AIRPORT BUSINESS PARK OF ST. LUCIE COUNTY LLC whose address is 15300 NW 7TH Avenue, Miami, FL 33169 (the "Licensee")._ WHEREAS, the County is the owner of the property described as: Cayuga Avenue a 57-foot right-of-way within San Lucie Plaza, Unit One and St. Lucie Blvd a 120-foot right-of-way located within San Lucie Plaza, Unit One. WHEREAS, the Licensee requests a Revocable License Agreement for a chain link fence across the County's rights -of -way, known as Cayuga Avenue and St. Lucie Boulevard. Exhibit A WHEREAS, the County is willing to permit the Licensee to use the above -mentioned County's rights -of -way for the purpose of installing a fence for the sole purpose of preventing dumping of debris and loitering on their property subject to the terms and conditions set forth in this limited Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Licensee a limited Revocable License Agreement for a 6- foot chain link fence with green privacy screen including one (1) 6'xl6' double drive gate which will encroach within the County's rights -of -way of Cayuga Avenue and St. Lucie Boulevard as shown on Exhibit A. This limited Revocable License Agreement shall extend only to the referenced location and fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this limited Revocable License Agreement is to grant the Licensee permission to install and maintain the fence in the County's rights -of -way. The Licensee agrees that if the County Engineer and/or Road and Bridge Manager determine the fence is creating problems or should any owner of property on Cayuga Avenue require access to their parcel for development purpose the fence shall be removed and relocated at the Licensee's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Licensee to install the fence in the County's rights -of -way of Cayuga Avenue and St. Lucie Boulevard. 4. The Licensee shall maintain the rights -of -way along their fence in accordance with all applicable codes and safety regulation of the County. The County Public Works Department shall be provided a key for the gate. The fence shall not interfere with County use of the rights -of -way and any damage to the County's rights -of -way shall be repaired by Licensee. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Licensee, provided that Licensee gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Licensee's sole expense upon ninety (90) days written notice to the Licensee. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Licensee perform certain alterations to the fence or the location of the fence, at the Licensee's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this limited Revocable License Agreement, or the revocation of this limited Revocable License Agreement, whichever occurs first, the Licensee shall be responsible for the removal of the fence and repair of the rights -of -way, if necessary. 8. The term of this limited Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Licensee agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the rights -of -way by the County. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Licensee. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Licensee agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. The Public Works Department shall be provided a key for the gate. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by _ messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: International Airport Business Park 15300 NW 7ch Avenue Miami, FL 33169 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any parry may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Licensee agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Licensee shall promptly record this limited Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Licensee shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESS INTERNATIONAL IRPORT BUSINESS PARK OF ST. LUCIE, LLC Witness BY: It's Witness STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2011, by as of INTERNATIONAL AIRPORT BUSINESS PARK OF ST. LUCIE COUNTY, LLC who produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of 2011. My commission expires: Signature of Notary Public h �"• &!! FENCE LOCATION-ST. LUCIE BLVD & CAYUGAAV PL S DISCLAIMER St. Led. Ceunry, makes na waaxaty, rapresenladan .r guaranty as to the -ndem, eeq.-ce, accuracy, timeliness, or campletanes. of any of In. geadato Information provided herein. The reader$heard ne-ly on the data provided herein for any („eon.St. Lucie County explicitly disclaims any mpresentag.ns and w,rranles,irwiuding. withoul limlmtbn, ma implied 0 0.00375).0075 0.015 0.0225 0.03 anties of merchantability and fitness for, p,,Uml,r purpose. St t.uda County shall assume ne lability for: 1. Any errors, omisd.ns, or in,murml.a in the Miles Infpimudon pr.vkl.d r.gaNl,se of Jr.. caused; of 2. Any d-ilea mad. or action taken or not taken by cry parson in all a. Won any Infonn.W. or data furalshaJ he ..ad., AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION ITEM NO. ; C( DATE: 06/07/2011 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Tom Genung Trial Court Administrator SUBJECT: - Court Administration requests approval to transfer (port) existing SLC phone -lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or the phone lines are no longer needed by the 19th Judicial Circuit Court, all associated phones will be transferred back to SLC. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the request to transfer (port) existing phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or phones lines are no longer needed by the 19th Judicial Circuit, all associated phones lines will be transferred back to SLC. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) n �„� p Budget Analyst Da clntyre Marie Gouin Sophia Holt Originating Dept. ( X) ERD ( ) Tom Genung (Name) COURT ADMINISTRATION DRUG COURT MEMORANDUM TO: Board of County Commissioners FROM: Tom Genung, Trial Court Administrator DATE: June 7, 2011 SUBJECT: Request approval to transfer (port) existing phone lines over to the new court Voice over-IP-(VoIP)-HVS-phone-system.-- - --- - ITEM NO. VI-Cl Background: Court Administration requests board approval to transfer (port) existing SLC phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or phone lines are no longer needed by the 19th Judicial Circuit Court, all associated phone lines will be transferred back to SLC. Recommendation Staff recommends the Board of County Commissioners approve the request to transfer (port) existing SLC phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or phone lines are no longer needed by the 19th Judicial Circuit Court, all associated phone lines will be transferred back to SLC. I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION ITEM NO. DATE: 06/07/2011 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Tom Genung Trial Court Administrator (X) SUBJECT: -Request -approval for usage of Court Innovation Fund in excess of $52,868 -for- equipment, warranty and maintenance on a new court Voice over IP (VoIP) HVS telephone system for Saint Lucie County courthouses.. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 107-6291-564000-6000 Court Technology Fund PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approval of EQ11-012 expenditure from the Court Innovation Fund in the amount of $52,868 for equipment, warranty and maintenance on new court Voice over IP (VoIP) HVS telephone system for Saint Lucie County courthouses. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) '1 Budget Analyst (4 Originating Dept. ( X) ERD ( ) Tom benung _MAq4_ Marie Gouin Sophia Holt (Name) COURT ADMINISTRATION DRUG COURT MEMORANDUM TO: Board of County Commissioners FROM: Tom Genung, Trial Court Administrator DATE: June 7, 2011 SUBJECT: Request approval from Court Innovations Fund in excess of $52,868 for telephone system (VoIP) replacement- St. Lucie County_. ITEM NO. VI-C2 Background: Court Administration requests board approval to fund a replacement telephone system (VoIP) — Saint Lucie County from the Court Innovation Fund in the amount of $52,868 for equipment, warranty and maintenance on new court telephone system (VoIP). Recommendation Staff recommends the Board of County Commissioners approval of EQ11-012 expenditure from the Court Innovation Fund in the amount of $52,868 for equipment, warranty and maintenance on the new court telephone system (VoIP). ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2010-2011 REQUEST DATE: 06/07/11 DEPARTMENT: COURT ADMINISTRATION RECOMMENDED: I YES I NO REVISED DIVISION: APPROVED: I YES I NO REVISED EQUIPMENT: Court system Voice over IP (VoIP) HVS Telephone System ADDITIONAL COST BUDGET AMOUNT: $52,868 X I NEW REPLACEMENT YES I NO 11 E. JUSTIFICATION: Court Admin. requests approval for usage of the Court Innovations Fund in the amount of $52,868 for voice communications services equipment,, installation- warrantyand maintenance of a new court -system Voice over I P (VoIP) HVS telephone system for all St. Lucie County court facilities. EQUIPMENT REQ#: EQ11-012 ACCOUNT#: 107-6291-564000-6000 .4 i i ITEM NO. VI D1 DATE: 6/7/2011 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, Directorlie� SUBMITTED BY: St. Lucie County Sheriff's Office, Department of Finance & Technology SUBJECT: Authorization--to--submit -an--electronic application for the 2011 Bulletproof Vest Partnership Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an application for the U.S. Department of Justice/Office of Justice Programs 2011 Bulletproof Vest Partnership (BVP) Grant. This grant will provide a critical resource to the Sheriffs Office by covering 50% of the cost of each bulletproof vest ordered or purchased between April 1, 2011 - September 30, 2013. The estimated amount of this grant is $46,088.77. The 50% match requirement is included in the Sheriff's budget. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2011 Bulletproof .Vest Partnership Grant offered by the U.S. Department of Justice/Office of Justice Programs. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) $►^ Budget Analyst D"an cM Intyre Marie ouin K�-•-'� �� Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff St. Lucie County Sheri & end ministration DATE: Tuesday, June 7, 2011 --SUBJECT---Authorization-to-submit--an-electronic-application- -for _the_ 2011_ _Bulletproof- Vest - Partnership Grant. . ITEM NO. VI - D1 Background: The St. Lucie County Sheriffs Office is requesting permission to submit an application for the U.S. Department of Justice/Office of Justice Programs 2011 Bulletproof Vest Partnership (BVP) Grant. This grant will provide a critical resource to the Sheriffs Office by covering 50% of the cost of each bulletproof vest ordered or purchased between April 1, 2011 - September 30, 2013. The estimated amount of this grant is $46,088.77. The 50% match requirement is included in the Sheriff's budget. Recommendation Staff recommends.that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2011 Bulletproof Vest Partnership Grant offered by the U.S. Department of Justice/Office of Justice Programs. OJP Bulletproof Vest Partnership and the Body Armor Safety Initiative: Home Page Page 1 of 2 N9t�Ge: Cflt/Gii'A.€QgIO17xIAtQllt7af(9rk (cucich�re_j Home I Login I Site Ma I Contact Us Bulletproof Vest Partnership I The Bulletproof Vest Partnership xg —,} ., (BVP), created by the Bulletproof Vest _ r t Partnership Grant Act of 1998 is a Unique U.S. Department of Justice �i� • -'° initiative designed to provide a critical • ' ailv � et i k1 `3 resource to state and local law enforcement. - 34` � Since 1999, over 13,000 jurisdictions have participated ' in the BVP Program, with $277 million in federal funds committed to support the purchase of an estimated 800,000 vests. The Office of Justice Programs' Bureau t t+ of Justice Assistance (BJA) administers the BVP Program. �. « « t+7:�., �r� 1K . NEW: The Bureau of Justice Assistance (BJA) is �• M ¢ R pleased to announce the Fiscal Year (FY) 2011 BVP `�*� ' application funding period. Applications for FY 2011 BVP funds will be „`�• accepted beginning Monday, May 16, 2011. All applications must be submitted online by 6:00 pm " (Eastern Time), Thursday, July, 7 2011. Please note that FY 2011 BVP funds may only be used toward the purchase of vests ordered on or after DAYSpril 1, 2011. Each vest purchased with FY 2011 unds must meet National Institute of Justice (NIJ) standards on the date it was ordered. Beginning with FY 2008 funds, the use period for BVP funds will be two years. To draw down FY 2011 BVP funds, vests must be received and the request for payment submitted to the BVP system by August 31, 2013. Each applicant should update their profile before filing an application for FY 2011 funds. Planning Your FY 2011 BVP Application • Check Prior Year BVP Funds • Check Your Jurisdiction and Contact Information & Update if Needed • Be sure that the vests you intend to purchase are on the NIJ compliant list • FY 2011 BVP Funds can only be used for vests ordered after April 1, 2011. • Have a written Mandatory Wear policy. in place when application is submitted .Body Armor Safety Initiative Body. Armor Safety Initiative - An Initiative of U.S. Department of Justice. In response to concerns from the law enforcement community, the Department of Justice (DOJ) announced an initiative to address the reliability of body armor used by law enforcement personnel and to examine the future of bullet -resistant technology and testing. As part of this initiative, the National Institute of Justice (NIJ) has examined Zylon®-based bullet -resistant vests (both new and used) and is reviewing the process by which bullet - resistant vests are certified. Body Armor Labels: When In Doubt...: Check It Out- — (Click here for additional information) NEW 04/07/2011: NIJ Body Armor Advisory Notice • Galls model AIIAF (Aar. 1. 2011) • Galls model CIIIAF (Apr. 1. 2011) • PACA model AIIF (Apr. 1. 20111 • Galls model AIIF (Apr. 1. 2011) • Galls model AIIF (Apr. 1. 20111 • PACA model CIIIAF (Apr. 1. 2011) Note: BVP Program participants that have ordered, but have not as yet received, any units of the above listed models of body armor, should contact the manufacturer immediately. Previous National Institute of Justice Body Armor Alerts 12/22/2010: • Pacific Safetv Products. Inc. Model 06UG2A8H •- GH Armor Systems Model 06UG2A8H 6128/2008: • Model TBLI1S6XF • Model MF34F-06 • Model NFORCE II S6XF-06 8/25/2008: New National Institute of Justice Body Armor Standard 0101.06 For additional information, click here. 2120/2008: Bullet -Resistant Body Armor Models Important Information - New BVP Program Removed from NIJ Body Armor List Reauirements for FY 2011 Apnlications NEWI UPDATED Mandatory Wear FAQs Following two years of declining law enforcement officer line -of -duty deaths, the country realized a dramatic 37 percent increase in officer deaths in 2010. Fifty-nine of the 160 officers killed in 2010 were shot during violent encounters; a 20 percent increase over 2009 numbers. The U.S. Department of Justice is committed to improving officer safety and' -has undertaken research to review and analyze violent encounters and law enforcement officer deaths and injuries. Due to the increase in the number of law enforcement officer deaths, coupled with our renewed National Institute of Justice Body Armor Safety Initiative Website Body Armor Safety Initiative Archive **All media contacts should be directed to the Office of Justice Programs, Office of Communications. http://www.ojp.usdoj.gov/bvpbasi/?openSections=05&titleGraphic=bvp&level1=Program... 5/17/2011 OJP Bulletproof Vest Partnership and the Body Armor Safety Initiative: Home Page Page 2 of 2 efforts to improve officer safety, beginning with FY 2011, in order to receive BVP funds, jurisdictions must certify, . during the application process, that all law enforcement agencies benefitting from the BVP Program have a written "mandatory wear" policy in effect. This policy must be in place for at least all uniformed officers before any FY 2011 funding can be used by the agency. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. BJA strongly encourages agencies to consult the International Association of Chiefs of Police's Model Policy on Body Armor and to strongly consider all recommendations within that policy. This policy change was announced in October 2010 by Attorney General Holder after consulting with and receiving input from the law enforcement community. The IACP has very generously provided both its Body Armor Model Policy and position paper to the BVP program. In order to obtain a copy of the Model Policy and position paper, jurisdictions must be registered with the BVP program. To obtain a copy of the Model Policy, contact the BVP Customer Support_ Center_ at 1-877-758-3787 or email vestsO usdoj.gov. For additional information regarding this new BVP program requirement, click here. Notice - Check Prior Year BVP Funds: Prior to completing an application for FY 2011 BVP funds, it is strongly recommended that prior year participants log into the BVP system and check for prior year BVP fund balances and the "de -obligation dateVuse expiration date for each year's funds. In some instances the use of prior year funds had been extended. All "Requests for Payments" must be submitted to the BVP system on or before the "de -obligation date" or the funds will be considered expired and will no longer be available. FY 2010 Awards: On October 7, 2010 the Bureau of Justice Assistance (BJA) announced the availability of the Fiscal Year (FY) 2010 BVP program funds. FY 2010 BVP funds may only be used to purchase bullet - and stab -resistant vests, ordered on or after April 1, 2010 and that are on the latest National Institute of Justice Body Armor Compliance list on the date the vest was ordered. All requests for payments from FY 2010 BVP awards must be submitted on or before August 31, 2012. The complete list of FY 2010 BVP awards can be viewed here. Historical BVP award information for FY 1999 through the FY 2009 can be accessed here For immediate assistance, please call us toll -free at 1-877-758-3787. You may also reach us by email at vestsOusdoj:aov http://www.ojp.usdoj.gov/bvpbasi/?openSections=05&titleGraphic=bvp&level I =Program... 5/17/2011 ITEM NO. VI — D2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS DATE: 6/7/2011 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Toby Long, Director SUBMITTED BY: St. Lucie County Sheriffs Office, Department of Finance & Technology SUBJECT:----- Authorization ---to submit an electronic application for the 2011 State Criminal Alien Assistance Program (SCAAP) Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Bureau of Justice Assistance 2011 State Criminal Alien Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. Based on last year's calculation the estimated amount of this grant is $178,676.00. The actual award amount will be determined by the DOJ. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application, for the 2011 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye.W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) p4va Budget Analyst Dan McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioner FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriff'jQcVe�,Administration DATE: Tuesday, June 7, 2011 -- SUBJECT: -Authorization_to-submit_an_electronic__application-for_. the 2011 -State-Criminal Alien Assistance Program (SCARP) Grant. ITEM NO. VI — D2 Background: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Bureau of Justice Assistance 2011 State. Criminal Alien. Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. Based on last year's calculation the estimated amount of this grant is $178,676.00. The actual award amount will be determined by the DOJ. Recommendation Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2011 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. Programs: State Criminal Alien Assistance Program (SCRAP) Page 1 of 3 OFFICE OF JUSTICE PROGRAMS WABUREAU OF JUSTICE ASSISTANCE, BJA Programs State Criminal Alien Assistance Program (SCAAP) FY 2011 SCAAP Funds: NEW. The application period for FY 2011 SCAAP funds is now open. All applications must be submitted via the OJP online Grants Management System (GMS). All completed applications must be submitted by 6:00 p.m. j 2 e.t. on Monday, June 27, 2011. Extensions or exceptions to this deadline cannot be granted. -Because of the volume and complexities involved in verification of 9 all submitted inmate data and the fact that BJA transmits this file to Department of Homeland Security (DHS) immediately after the close of the solicitation, it is not possible for additional applicant data to be reviewed and sent to DHS after the deadline. Overview: BJA administers SCAAP, in conjunction with the Bureau of Immigration and Customs Enforcement (ICE) and Citizenship and Immigration Services, Department of Homeland Security. SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period. Payments for "Unknown" Alien Status Inmate Days and Important Notice Regarding Potential Changes to FY 2012 Payments Many states and localities have incurred costs for detaining individuals whom Choose a language to they believe to be criminal aliens based on investigative and other information, translate this page[ but for who no formal DHS documentation of alien status is available. BJA ' has, since 1996, provided variable reimbursement for these costs, as those Select to language unknown inmate records may be illegal entrants to the U.S. who have not yet come into contact with DHS and therefore have no record in their database. Other TranslationTods Based on a DHS review of the 2009 SCAAP unknown inmate data, BJA has updated the unknown inmate day reimbursement percentages for the FY 2011 SCAAP application cycle. The DHS review found that of the records that were updated and came back with a known alien inmate status, 86 percent were attributable to inmates in county facilities, 85 percent were attributable to inmates in state facilities, and 62 percent were attributable to inmates in city facilities. In light of these findings, BJA will apply these percentages to the reimbursement of unknown inmate costs. In FY 2012, the President's Budget request for SCAAP includes a requirement that payments only be made for costs associated with DHS verified, criminal aliens (eliminating reimbursement for unknown.inmate days). To prepare for this change, SCAAP jurisdictions are strongly encouraged to work closely with DHS to increase inmate alien status verifications. DHS has implemented programs which may help jurisdictions increase their inmate alien status verifications. Those programs include: • Secure Communities Program: This program leverages an existing information sharing capability between DHS and the Department of Justice (DOJ) to quickly and accurately identify aliens who are arrested for a crime and booked into local law enforcement custody. With this capability, the fingerprints of everyone arrested and booked are not only checked against the Federal Bureau of Investigation (FBI) criminal history records, but they are also checked against DHS immigration records. If fingerprints match DHS records, ICE determines if immigration enforcement action is required, considering the immigration status of the alien, the severity of the crime and the alien's criminal history. For more information, please go to: www.ice.gov/secure communities/. • 287(g) Program: The 287(g) program allows a state and local law enforcement entity to enter into a partnership with ICE in order to receive delegated authority for immigration enforcement within their jurisdictions. This allows the officials in the jurisdictions to match inmate records prior to the SCAAP application process. For more information, please go to: www.ice.gov/news/library/factsheets/287ci.htm. • The Laiv Enforcement Support Center (LESQ: LESC is a single national point of contact that provides timely customs information and immigration status and identity information and real- time assistance to local, state and federal law enforcement agencies on aliens suspected, WW W.OJP.USDOJ.GOV SEAnCH http://www.ojp.usdoj.gov/BJA/grant/scaap.html 5/17/2011 Programs: State Criminal Alien Assistance Program (SCAAP) Page 2 of 3 arrested or convicted of criminal activity. For more information, please got to www.ice.ciov/LESC/ or call802-872-6000. Use of SCAAP Awards: The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only. FY 2007-2011 SCAAP Use of Funds List • Salaries for corrections officers • Overtime costs • Corrections work force recruitment and retention • Construction of corrections facilities • Training/education for offenders • Training for corrections officers related to offender population management • Consultants involved with offender population Medical and mental health services • Vehicle rental/purchase for transport of offenders • Prison industries • Pre-release/reentry programs • Technology involving offender management/inter-agency information sharing • Disaster preparedness continuity of operations for corrections facility Reporting Period. The reporting period for the FY 2011 application period is July 1, 2009 through June 30, 2010.Only qualifying inmates who served 4 or more days during this period may be included in the FY 2011 SCAAP application. Eligible Inmates Applicant Responsibilities. Unless otherwise prohibited, applicants may submit records of inmates in their custody during the reporting period who: were born outside the United States or one of its territories and had no reported or documented claim to U.S. citizenship; were in the applicant's custody for four or more consecutive days during the reporting period; were convicted of a felony or second misdemeanor for violations of state or local law; were identified and reported using due diligence. Qualifying Criminal Charges and Convictions: To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations of state or local law, and housed in the applicant's state or local correctional facility for 4 or more consecutive days during the reporting period. Once a person meets these criteria, all pre-trial and post -conviction time served from July 1, 2009 through June 30, 2010 may be included in the FY 201 application. Entering Inmate Data: If the Alien Number is unknown for an individual inmate, enter all zeroes in the A number field. Do not use letters (A) or symbols (dashes, etc.). Also, use zeros (0) as the beginning digit(s) if the A -number is fewer than 9 digits. The FBI number is issued by the FBI to track arrests and fingerprint records. If this number is not available, leave this field blank by inserting 10 spaces. If the FBI number is fewer than 10 characters, enter the number first, and then insert spaces for the remainder of the field length. Qualifying Salary Data: Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full -and part-time correctional officers and others who meet the SCAAP definition (see the FY 2011 SCAAP Guidelines). The reported sum should total the jurisdiction's actual salary expenditures for the applicable reporting period (July 1, 2009 to June 30, 2010). The reported salary should not be a projection, estimate; or average. Correctional Officer ... salary costs may include premium pay for specialized services (e.g., bilingual officers), shift differential pay, and fixed -pay increases for time in service. Salary costs may also include overtime required by negotiated contract, statute, or regulation (e.g., union agreements, contractual obligations, minimum staffing requirements, etc.). Benefits should not be included in the salary costs. Chief Executive Officer: SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of government. An application without the CEO information included will be significantly delayed. Legislation: SCAAP is governed by Section 241(i) of the Immigration and Nationality Act, 8 U.S.C. ❑ 1231(i), as amended, and Title II, Subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322. Funding: SCAAP payments will be calculated using a formula that provides a relative share of funding to jurisdictions that apply and is based on the number of eligible criminal aliens, as determined by DHS. Payments: SCAAP payments are calculated simultaneously, with applicants receiving a prorated payment based on the appropriation; costs submitted, and inmates as determined by DHS. All SCAAP payments are made electronically to the applicant's bank account of record identified during the http://www.ojp.usdoj.gov/BJA/grant/scaap.html 5/17/2011 Programs: State Criminal Alien Assistance Program (SCAAP) r application process. All SCAAP payments must go to the jurisdiction's general fund. Please use the jurisdiction's EIN (tax identification) and vendor number when applying for SCAAP funds. 2011 SCAAP Data: FY 2011 SCAAP Guidelines FY 2011 ICE Country Codes FY 2011 Inmate Data File Format Direct Phone Support: Technical assistance is available Monday through Friday from 9:00 a.m. to 5:00 p.m. eastern time, via the SCAAP Helpdesk at 1-202-353-4411. For assistance with the GMS login, call 1-888-549-990.1 Option 3. E-Mail Inquiries: . Program and Policy Issues: SCAAP Inquiries: scaap0usdoj.goy GMS Login Issues: GMS Helpdesk: amsheln@oimusdoi.aov Banking Issues: OCFO Customer Service Center: 1-800-458-0786 (option 2); ask.ocfo@)usdoi.aov SCAAP Archive Information _ - --- —U.S. Department of Justice— I Office of Justice Programs USA.gov Privacy Statement and Disclaimers I FOfA Page 3 of 3 httD://www.oi-o.usdoi.jzov/BJA/grant/scaap.html 5/17/2011' V AGENDA REQUEST ITEM NO. VI-E DATE: 06/07/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks, Recreation and Facilities Division Manager SUBJECT: Budget Resolution No.11-091 - WPSL Christmas Kids of St. Lucie County Donation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7215-552000-7106 (Recreation - Aquatics - Operating Supplies) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution No. 11-091 to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $4,000 to be utilized to provide American Red Cross Water Safety Lessons at Open Space Pool as outlined in the agenda memorandum, 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/Signatures OMB Director County Attorney (X) off, Budget Analyst Davie McIntyre N OriginatingDe t. (X) bF Debra Brisson X A)"A Marie Gouin Patty Marston P Parks and Recreation MEMORANDUM TO: Board of County Commiss' ners THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Division Manager DATE: June 07, 2011 SUBJECT: Budget Resolution No. 11-091 - WPSL Christmas Kids of St. Lucie County Donation ITEM NO. VI-E Backaround: WPSL Christmas Kids of St. Lucie County has donated money to sponsor children under the age of 18 to receive American Red Cross Water Safety Swim Lessons at the St. Lucie County Open Space Pool for the past seven years. This year WPSL Christmas Kids of St. Lucie County is donating $4,000. These funds would help 100 St. Lucie County youth receive water safety lessons at the Open Space Pool. The cost of water safety lessons is $55.00 per participant. WPSL's contribution will provide $40 toward each participant's fee. Recommendation: Board approval of Resolution No. 11-091 to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $4,000 to be utilized to provide American Red Cross Water Safety Lessons at Open Space Pool as outlined in this agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 11-091 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 a donation from the WPSL Christmas Kids of St. Lucie County in the amount of $4,000. The donation will help 100 St. Lucie County youths to receive American Red Cross Water Safety Lessons at the St. Lucie County Open Space Pool. 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 7th day of June, 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 001-7215-366900-7106 Donations $4,000 APPROPRIATIONS 001-7215-552000-7106 Operating Supplies $4,000 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 7TH DAY OF JUNE 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA A- 74 CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY f ITEM NO. VI-F1 DATE: 06/07/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BrA SUBMITTED BY. Planning & Development Services Todd A. Cox St. Lucie County International Airport Airport Manad��` SUBJECT: Resolution No--.-! 1-094 and Budget Resolution No. 11-095; Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA). BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum. 140367-4220-563000-104601 — Infrastructure 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. May 3, 2011 - Board approved conditional award of Bid No. 11-010. RECOMMENDATION: Board approval of Resolution No. 11-094 accepting an FDOT SJPA in the amount of $12,665 and Board approval of Budget Resolution No. 11-095 assigning the additional funds to the Taxiways A and B Rehabilitation project, 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/Signatures County Attorney ( ) OMB Director `iken :t, 04-0-1 Budget Analyst Daniel S. McIntyre Marie Gouin Heather Young Patty Marston Purchasing ( ) Desiree Cimino Melissa Si berlund Originating Dept. ( ) Mark atterlee ERD ( ) Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Todd A. Cox, C.M., Airport Manage/ DATE: June 7, 2011 SUBJECT: Resolution No. 11-094 and Budget Resolution No. 11-095; Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA). ITEM NO. VI-F1 Background: This agenda request is for Board action on two items. The first item is acceptance of the attached Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA). The second item is a Budget Resolution assigning additional funds in the amount of $12,665 with a local match of $12,665 to the Taxiways A and B Rehabilitation project. Funding for this rehabilitation project was originally approved by the Board in 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 its grant -match portion in October 2009 in anticipation of receiving an FAA grant. However, in February 2010, the FAA advised that funding for this project would not be available until FY 2011. In preparing the FY 2011 FAA grant submission, several grading and stormwater drainage issues were identified that exceeded FAA design tolerances and presented safety and compliance impacts to the Airport. As a result, a revised grant pre -application was submitted to the FAA for an updated estimated project amount of $3,356,600 in December 2010. The estimate increased the FAA Grant share to $3,188,770, FDOT grant share to $83,915, and local match share to $83,915. FDOT has committed an additional $12,665 for their match portion for the project. The Airport has funds available to cover the local match increase in the approved FY2011 budget. Recommendation Board approval of Resolution No. 11-094 accepting an FDOT SJPA in the amount of $12,665 and Board approval of Budget Resolution No. 11-095 assigning the additional funds to the Taxiways A and B Rehabilitation project, and authorization for the Chairman to sign the documents as approved by the County Attorney. RESOLUTION NO. 11-094 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 418174-1-94-01) TO REHABILITATE TAXIWAYS A 8t B AND DRAINAGE AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding to Rehabilitate Taxiways A >=t B and Drainage at the St. Lucie County International Airport (Fin. Proj. No. 418174-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Supplemental Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Fin. Proj. No. 418174-1-94-01) to provide funding to Rehabilitate Taxiways A &t B and Drainage at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. V After motion and second, the vote on Resolution 11-094 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. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 RESOLUTION NO. 11-095 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 from the Florida Department of Transportation through a Supplemental Joint Participation Agreement, in the amount of $12,665, as funding for the Rehabilitation of Taxiways A and B and Drainage at the St. Lucie County International Airport. 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 7th day of June, 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 140367-4220-334411-104601 FDOT-Transportation $12,665 APPROPRIATIONS 140367-4220-563000-104601 Infrastructure $12,665 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 7TH DAY OF JUNE 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY V STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 725-030-07 PUBLIC TRANSPORTATION 01111 Page 1 of 4 Financial Project No.: Fund: DS FLAIR Category: 088719 41817419401 - Function: 637 Object Code: 760004 (item-segment-phase-sequence)Federal No.: Org. Code: 55042010429 Contract No.: APQ05 DUNS No.: 80-939-7102 Vendor No.: VF596000835010 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 26th day of October 12009 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $83,915.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Rehabilitate Taxiway A & B and Drainage 725.030-07 PUBLIC TRANSPORTATION 01111 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $506,600.00 bringing the revised total cost of the project to $ 3,356,600.00 Paragraph 4.00 of said Agreement is increased by $12,665.00 bringing the Department's revised total cost of the project to $ 83,915.00 3.00 Amended Exhibits: Exhibits) A,B,D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement October 31st 2012 6.00 E-Verify: The Agency shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of; 1. all persons employed by the Agency during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Agency to perform work pursuant to the contract with the Department. r 725-030-07 PUBLIC TRANSPORTATION 01111 Page 3 of 4 Financial Project No. 41817419401 Contract No. APQ05 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated October 26th 2009 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY St. Lucie County Board of County Commissioners AGENCY NAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE TITLE DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 725-030-07 PUBLIC TRANSPORTATION 01/11 Page 4 of 4 Financial Project No. 41817419401 Contract No. APQ05 Agreement Date . ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): JPA is amended to include drainage in this project. The scope of work and E-Verify language are also updated. I. Project Cost: As Approved As Amended Net $2,850,000.00 $3,366,600.00 $506,600.00 Total Project Cost $2,850,000.00 $3,356,600.00 $506,600.00 II. Fund As Approved As Amended Net Department: $71,250.00 $83,915.00 $12,665.00 Agency: $71,250.00 $83,915.00 $12,665.00 FAA $2,707,500.00 $3,188,770.00 $481,270.00 Total Project Cost $2,850,000.00 $3,356,600.00 $506,600.00 Comments: I 725.030.07 PUBLIC TRANSPORTATION 01111 Additional Page Ill. MULTI -YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING If a project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. Fin. Proj. No.: 418174-1-94-01 Contract No.: APQ05 Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC. PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Rehabilitate Taxiway A & B and Drainage SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. The attached Department of Financial Services link will provide guidance concerning accountable contract development. The scope of work is specifically addressed in chapter 3: htto://www m)dloridacfo corn/aadir/docs/ContractandGrantManaciementUserGuide.pdf Narrative Design & Rehab Taxiway A & B and associated connector taxiways (A2, A3, A4, B1., and Taxiway D between B and 14/32). These connectors have been identified as poor to very poor in FDOT 2008 Pavement Management plan inspection. Included is the correction of drainage structure deficiencies associated with Taxiways A & B. The issues include two above ground drainage structures that are inside the runway safety area and runway object free area, and an open drainage structure located between Taxiway A and 10R/28L that is a hazard to aircraft as well as a wildlife attractant. Several Swale areas must also be addressed as they are located inside of the taxiway safety area Justification Safety. Majority of taxiways identified as poor to very poor in February 2008 FDOT Pavement management Inspection report. Non -corrections of the drainage deficiencies will result in FAA_ non-compliance of runway and taxiway safety area criteria as well as hazard mitigation requirements. Deliverables shall include: 1. Develop-a-detailed-scope-oUservices for -the -above -named -project -that -clearly - establishes quantifiable and measurable deliverables. It will be submitted with the first reimbursement request. For construction, the schedule of values can be used as the deliverable. Reimbursement for this deliverable will be made upon acceptance. 2. Additional deliverables will be determined and reimbursed in accordance with the approved detailed scope. 3. The final deliverable is Rehabilitated Taxiway A & B and associated Drainage with Certificate of Completion. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: AGENDA REQUEST ITEM NO. VI-F2 DATE: 06/07/11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart Planning and Development Services Business & Concurrency Manager' J.J. Taylor Distributing Florida, Inc. - Request for Job Growth Investment Grant (JGIG) Incentives See attached memorandum. 001-5215-582000-500 County Job Incentive September 22, 2008 Board approval of a Letter of Intent to provide economic development incentives. Board approval of Job Growth Investment Grant JGIG-11-002 in the amount of $156,600 phased over five years based upon the hiring of 72 employees at an average wage of $22.36 per hour. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) r)sw- OMB Director aniel McIntyre Originating Dept. ( ) Budget Analyst Mark Satterlee Marie Gouin Sophia Holt Planning and Development Services Department Business & Concurrency Management Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directwffl FROM: Michael Brillhart, Business & Concurrency Manager ne t, SUBJECT: J.J. Taylor Distributing Florida, Inc. — Request for Job Growth Investment Grant (JGIG) Incentives ITEM NO. VI-F2 BACKGROUND: J.J. Taylor Distributing has requested economic development incentives to include an Ad Valorem Tax Abatement and a Job Growth Investment Grant (JGIG). Please see the attached letter from the Economic Development Council (EDC) dated February 28, 2011. J.J. Taylor is an existing beverage distribution company that has relocated to St. Lucie County and implemented operations at their new facility in Crossroads Commerce Park located just south of SR70 /Okeechobee Road in Fort Pierce in 2010. Distribution Center is included in St. Lucie County's targeted industry list. The hourly wage of $22.36 for 72'employees is above the County's average hourly wage of $15.24. Based upon the number of employees and the average wage, staff has calculated a maximum JGIG grant for the company in the amount of $156,600 phased over five years ($31,320 per year). RECOMMENDATION: Board approval of Job Growth Investment Grant JGIG-11-002 in the amount of $156,600 phased over five years based upon the hiring of 72 employees at an average wage of $22.36 per hour. JGIG-11-002 ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT THIS AGREEMENT is made as of the 7th day of June , 2011 by and between St. Lucie County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the COUNTY and J.J. Taylor Distributing Florida, Inc. a corporation authorized to do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I.D. number is 65-1100950. WITNESSETH: WHEREAS, it is the policy of the COUNTY to stimulate economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation within St. Lucie County is beneficial to the local economy; and WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Grant encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job Growth Investment Grant; and WHEREAS, the COMPANY will either relocate to St. Lucie County or expand its existing business in St. Lucie County and thereby create certain new employment opportunities having a specific wage level or higher in St. Lucie County in accordance with the Job Growth Investment Grant criteria if the COUNTY provides to the COMPANY a Job Growth Investment Grant; and WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth 1 ILI Investment Grant by the COUNTY'S Job Growth Investment Grant Review Committee; and WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon the COMPANY'S obtainment of the performance requirements as outlined in this Agreement; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Job Growth Investment Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Annual Average Hourly Wage" - includes the hourly cost of wages, bonuses, and commissions but does not include benefits. The Top two Executive salaries as defined in this Agreement shall not be included in the average wage calculations. b. "Base Period for Hourly Wage level and Job Creation" - the Employer's Quarterly Report (UCT-6) as defined in Exhibit "A" for the quarter preceding the Grant application. C. "Default" - failure to comply with the terms of the Agreement. d. "Effective Date" - date selected to start the annual monitoring of the Job Creation and Hourly Wage level. e. "Expansion of an existing business" - A business establishing 10 or more jobs to employ 10 or more new full-time employees in the County. These jobs must represent a net increase in employment at the site/facility and be not less than a 10 percent increase. f. "Full-time Equivalent Job" - shall be calculated by total payroll hours per year divided by 52 weeks and then, divided by 35 hours. g. "JGIG" - shall mean Job Growth Investment Grant. h. "New Business" a business establishing 10 or more jobs to employ 10 or more full-time employees in the County within the term of the Grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. i. "Employer's Quarterly Report Form UCT-6" — is defined in Exhibit "A". j. Research Firm — A company that employs 50% or more of their workforce in the development of new products, refinement of existing products, testing of 2 products, development of new scientific information and others to be defined. k. "St. Lucie County Average Hourly Wage" — At least 107% of the average annual hourly wage per job in St. Lucie County, as determined by Enterprise Florida, Inc. for State incentives. 2. Wage Level Commitment. As a condition precedent to and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to pay an average hourly wage of not less than $22.36 per hour annually. This per hour wage will be adjusted on the third and six anniversary of the Effective Date of this Agreement for wage rate inflation based upon the percentage increase of the Consumer Price Index from the date of the Agreement, then at three years and then six years from the Effective Date of the Agreement. The percentage change (in wage rate) will be added to the target wage rate in the Agreement. The COMPANY shall provide written verification satisfactory to the COUNTY that the average hourly wage of the jobs meets the average rate of $22.36 per hour in the first three years of the Agreement and adjusted as defined above in year six. The first report provided by the COMPANY will be the State of Florida Employer's Quarterly Report (Form UCT-6) including hours worked per month, total number of employees, gross wages paid in the quarter and a total of hours and wages for the Top Executive wages for the quarter previous to the JGIG Application Date. These Top Executives are defined as the wages for the two (2) highest paid employees on a wage basis. The COMPANY will provide the hours and wage dollars for these Top Two (2) Executives for each reporting period. Each quarter after the approval of the JGIG the COMPANY must provide this information to the COUNTY when filing the Employer's Quarterly Report (Form UCT-6). The first report after the Effective Date may include only a partial quarter due to the approval timing. The base period or the adjusted base period at three (3) years or six (6) years will be subtracted from the current twelve (12) month report to equal net growth of hours and wages. The net wages will be divided by the net hours for the average hourly wage rate to compare to the adjusted targeted minimum hourly wage level. The COMPANY'S failure to maintain its hourly wage level commitment for any year will result in the forfeiture of the Grant amount for that year. Such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its hourly wage level commitment. 3. Job Creation Commitment. As a condition precedent to, and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to create a minimum of 72 new Full -Time Equivalent Jobs in St. Lucie County over the term of this Agreement as more specifically set forth on Exhibit "B", which is attached hereto and made a part hereof. These new jobs will be phased in on the following schedule; Year One after Effective Date 94% or a minimum of 68 jobs Year Two after Effective Date 94% or a minimum of 68 jobs Year Three after Effective Date 94%0 or a minimum of 68 jobs Year Four after Effective Date 100% or a minimum of 72-jobs Year Five after Effective Date 100% or a minimum of 72 jobs To obtain the Grant amount for jobs created, the annual calculation of cumulative jobs created must meet or exceed the minimum cumulative job levels and meet the hourly wage requirements. The annual calculation of the incremental jobs will be determined by taking the Base Period quarterly reported hours and dividing by 455 (85 hours x 52 weeks x .25 of year) to arrive at a full time employee count. The same calculation for the current year shall be made by taking the reported annual hours divided by 1820 (35 hours x 52 weeks) to arrive at a full time employee count. The Base Period employee count shall be subtracted from the current employee count then comparing to the minimum jobs committed by the COMPANY to create. If the company does not achieve the cumulative job creation goal stated within the Job Growth Investment Grant, but has achieved a minimum of 85% of the cumulative job creation commitment for the period, the JGIG amount will be recalculated for the scheduled year. The County will recalculate the Grant amount based on the actual job levels obtained, and pay the annual amount as calculated reduced by 50%. The COMPANY'S failure to achieve a minimum cumulative job creation of 85% of the job creation commitment for any one year will result in the forfeiture of the entire Grant amount it was scheduled to receive for that year and such funds shall not be available in a subsequent year of the Grant. The COMPANY'S failure to receive funds in any year it fails to meet or maintain its job creation commitment shall not be grounds for an extension of the established payment schedule. 4. Term; Termination. This Agreement shall be effective upon the date of execution of this contract by both parties hereto, and shall automatically terminate 10 years after the Effective Date unless terminated earlier by the County because of a default by the COMPANY provided however, provisions of this contract shall survive the termination of the contract. 5. Grant Eligibility; Payment Schedule. a. Eligibility Determination; Payment. The initial eligibility determination for payment of the JGIG shall be made on the first anniversary of the Effective Date of this Agreement. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date of this Agreement. Payment of JGIG Funds shall be made as follows: All Grants with an Effective Date between October 1s` and March 31" will be paid by May 151h after the successful completion and submission of the required documentation each year. All Grants with an Effective Date between April 1" and September 301h will be paid by November 151h after the successful completion and submission of the required documentation each year. Notwithstanding the foregoing, should the date for filing the last annual Employer's Quarterly Report (Form UCT-6), as described in Exhibit "A", not coincide with the date that an eligibility determination is made; the COMPANY shall have the right to file a report, in a form substantially similar to an Employer's Quarterly Report in a form acceptable to the COUNTY for payment. b. The COMPANY will be eligible for a Job Growth Investment Grant (hereinafter a "Grant") of an amount up to $156,600 which Grant shall be payable as follows: Year 1 - $31,320 Year 2 - $31,320 Year 3 - $31,320 Year 4 - $31,320 Year 5 - $31,320 This payout period, 5_years, will begin one year after the effective date June 7,2011 based on payout schedule in paragraph 5 section a. The COUNTY shall pay $2,175WFU-11--Tim-e Equivalent Job. 6. Relocation Commitment. The parties acknowledge and agree that the JGIG incentive agreement was an inducement to have the COMPANY expand or relocate to St. Lucie County. This means that the COMPANY made the decision to expand or relocate after considering the JGIG package. As a condition precedent to, and as consideration for obtaining JGIG funds from COUNTY, the COMPANY agrees to locate or expand its business operations to/within St. Lucie County for a period of at least 5 years after the last scheduled JGIG payment. Should the Company relocate before the agreed number of years, all grant dollars paid to the Company shall be paid back to the County within a 120 day period. Annual Job Status. The COMPANY must provide the COUNTY with the Employer's Quarterly Report UCT-6 of its business operations within St. Lucie County on the State form UCT-6 as amended. The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports. With prior approval of the COUNTY, the COMPANY may submit a form substantially similar to the annual Employer's Quarterly Report (Form UCT-6) provided that information necessary to meet the requirements of this grant award is provided in a form acceptable to the COUNTY the alternative form must be notarized and signed on Company letterhead. 8. Grant Restriction. The JGIG funds available under this Agreement as referenced in paragraph 5 will be provided only for reimbursement of expenses associated with the physical move, relocation and/or expansion of the COMPANY to St. Lucie County including but not limited to corporate or COMPANY relocation expenses, infrastructure costs, leasehold improvements, COMPANY sponsored child day care facilities, rent for COMPANY facilities, lease buyouts, training expenses and other expenses approved by the Job Growth Investment Grant Committee. 9. Default; Termination. 5 In the event the COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. 10. Indemnification. For the sum of ten ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its servants, and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 11. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in St. Lucie County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 14. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 15. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY'S failure to maintain its job creation commitment or salary level commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and salary level commitment. 16. Assignment. The COMPANY shall not assign this Agreement to any other persons or firm without first obtaining COUNTY'S written approval. 17. Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required herein, as provided for in Section 112.311, Florida Statutes. The COMPANY further represents that no person having any interest shall be employed for said performance. 18. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 Manuel Portuando J.J. Distributing Florida, Inc 655 N. Highway Al Jupiter, FL 33477-4579 19. Entire Agreement. With copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Karen Connelly, Controller J.J. Distributing Florida, Inc 655 N. Highway A1A Jupiter, FL 33477-4579 The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by VA written instrument executed by the parties hereto. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto sets its hand the day and year above written. ATTEST: Deputy WITNESSES: (Corporate (Corporate Seal) Form Update: 3/10/2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ME -- CHAI RMA APPROVED AS TO FORM AND CORRECTNESS: County Attorney COMPANY In Signature and Title Typed Name Date Exhibit B To the Job Growth Investment Grant Agreement between St. Lucie County and (J.J. Taylor Distributing Florida, Inc.) I. Target: Industry Category eligible for application. Qualified companies are listed on the Target Industry List attached — circle the qualified industry. Attachment Exhibit B — 1 II. Application Section Criteria: _ Expansion of net new jobs (number) _ New Business of net new jobs (number) X Relocation 72 of net new jobs (number) III. Employment Commitment: COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: 72 Total number of employees (new and existing) expected during term of grant 72 New, full time employees (eligible for grant application) expected during term of grant 80% % of County residents $22.36 Average hourly wage of all employees to be employed by company $15.24 Current average hourly wage in St. Lucie County $5.96 million Capital Investment Amount (Building improvements, equipment etc). IV. Grant Amount: Grant award calculation not to exceed $1,500,000 including bonuses $108,000 Base Grant Amount $1,500 X number of new jobs eligible for grant Bonus computations: $21,600 50-99 total new jobs (20% bonus) 100-199 total new jobs (30% bonus) 200+ total new jobs (35% bonus) $5,400 90% or more local hires — St. Lucie County Residents (5% bonus) $16,200 Average salary for applicant's jobs will be 125% of St. Lucie County average salary (15% bonus) Average salary for applicant's jobs will be 150% of St. Lucie County average salary (30% bonus) Research Firm (30% bonus) $5,400 Use of local contractors for construction activity* (5% bonus) $43,200 Total Bonuses $156,600 Total Grant (base amount + total bonuses) Local contractors are those contractors who are licensed in St. Lucie County and have an office located in St. Lucie County. ** Total arant to be paid over a five vear period. co09N I *C0 If PUBLIC PARTNERS Si. 'February 28, 2011 Ch, City cif Poll - "34 ' . Lode. Ms. Faye W. Outlaw, MPA Fli-,)rk,.t? Atkiollr, university County Administrator ltififl;r,y Authoffly St. Lucie County of Cololyl f,,roo 2300 Virginia. Avenue St. 1.u�J( 3 0, Fort Pierce, FL 34982-5652 80MU."'AF ADVISOR UNE.I., Dear Faye: Lawnwood N,,..Iiorlol hiledc"11 Cf�m-lter & tuln / SI, Lklo;c-,Nqedical 0elltp-r The Economic Development Council of St. Lucie County (EDC) requests the Board of County Commissioners move forward on a Job Growth Investment Grant (JGIG) for J J, Taylor Distributing Florida, Inc. (J.J. Taylor) as per the Boa o County forroy ln,�tltuv? for mole',;ulal 3ttd(,�� Commissioners' approval on January 6, 2009. J. J. Taylor's decision to locate at CHAIRMAN'S LEiVEL 302). Crossroads Parkway, Fort Pierce was contingent on receiving ad valorem tax Holloo abatement and a JGIG, J.J. Taylor committed to hiring 72 employees at an average hourly wage of $22.36 and $5,800,000 capital investment. 1-4 Milt Nil nn N�-, i JJ Taylor projections for hiring are as follows: 1�, oeawast Nfiolvll 13 rtk, Year one: 72 Suriolk clolylpny Year two: 72 VG71 Florida, Inc. Year three: 72 LA-ACIERSHM? LEVEL Year four: 72 ink-, Year five: 72 Pflkl Ad 1,*�jnk- Construction for J.J. Taylor's facility began October 16, 2009 and they opened for business on May 31, 2010. J.J. Taylor invests in their employees, has a lean efficient operation and, we believe they will be a community in St. Lucie County. good partner The contact at J.J. Taylor's corporate office is: E"J,ginoorint.) Inc, CORPORA11,.: I.J`-VUL Ms. Karen Connelly AE*C',!:)iVi Corporate Assistant Controller J 4o'.r.. J.J. Taylor Companies, Inc. el-n. IN 655 N Highway Al A Jupiter, piter, FL 33477-4579 (561) 354-2900 / Karen—Connelly@JJTaylor.com 00 rkklly -& Please contact the EDC if we can assist with any further information. We believe J.J. Efff)thti -VU IiOl I Taylor will continue to have a positive impact to our workforce. NI;*tpp Coil riirl-ldlor", LIC Sincerely, C."fir arry P ton Presi nt 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986 (772) 879-4144 Office - (772) 879-7477 Fax , contact@YourEDC.com - www.YourEDC.com prs hour,i•}c^i'aa F.�:. COUNTY DOARD OF TC� t COUNTYO ADMINISTRATOR COMMISSIONERS DMG0S W ANDEMON Sepicmber 22, 2008 Economic Developmcm Council of St. J uc.e County Larry Belot, President rideotle, 1850 sw Fountainview kllvci., Sukt,, 205 AA Fart St. Lucie, FL., 34986 10VO R1l,; Letter of lntcnt - Distril uLar Door Mr, pelton, :fit. Lucic County is pleased to preNCIA as esti3l atcal illecritwe packar't bAbcd ttpori a $5,800,000 Capital investn'tint including lAn I tb,{;tibe_r cvitlx 72 piety emp)oyees with an avera; e hourl - waVc of. $22.36 for 01C proposed nerd gxration. it is our understitnding the d.axibtutor veil'. construct atl-d oNvtl the building, 'ALc Abuterna It Progrant Rased upon the investmetit fray building and eytiiprnerit, $3,600,000, tlie. 'Crux Abatemctlt Program calculated over a 9.yc r period on a .1CC.l!t1jng basis t ,ittll ttes out, t(I be $12t.+,952, batictl upon the e.urrt-nt p1roper-Ly .z{x r�lte. Jll��• Tax Abats nke~nt Pn)gram, is subject to a pt,blic hearing and votc bY tttc BOArd Of County Commissioners once a CertincRte Of t7ccupo %CY i, rc"'ve(l. J0. rouith Intuitive Oratst Assuming ttic company hires 72 new. cv-pleyees itt • n averatc hourly ratc 4f S22.36, t, e Job Growth jileentivc GrAint, (,1010) valoulates out u. $156,600, The compati), is eligible fo: thi& prog"ra", tftct' the �2 positions are filled for at toast c)ne yea,., with payroll records subinitted to the Coltnty, The $186,600 WOUld be Paid t,ut to the cumpan y over rive• Yeitr5 at $31,320 per year. Once again, tite JGIG it; sub'imt to apfarov"I" 1>v the Bvurd of County Commissioners. Theref6re, the Caunts, is offe ing, ba6c d upon tiie information pravicled us, total incentives equaling $277.552. I)Lv-e �LiV_ _�Atm Property Tax Oatement � Job Growth lticer'.tive Gr.mt 15D 6 'y�(v..Total Incentives �L)77,552 . ^ , to" -,AA M.Fe D rqn:. r 0A10t- .4 i 7AS"1tFI1; d • -As fad►',ti.b' 7.".+J� `risclnl� A'�Pn�e • TW Pie'•rc� �t ^�4$'� Y'_+� - Ptia'w r7�i: db2 1 '�0 • IDS i779` dbi-sat FAY, "772%, 462-1,54 3 •inn+1. rlc:uy�1� ►�is.yt.l �:it• ft.tol wee sit€�: rrww.cc� st•;u�te.il,u� IiFAUIs Hllli€'.R``-*U!1 • 10 1 .3 t6 4 Page 2 September 22,.2008 Letter of InTent We look forward to working with this r.ew company and bringing thcsu neW jobs to St. Lucie County, Sincerely Mai as M, Anderson Cmunrty Adminietmtor UMA/Ab 09.94 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: AGENDA REQUEST ITEM NO. VI-F3 DATE: 06/07/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart Planning and Development Services Business & Concurrency Manager Gsp� Professional Golf Car Corporation of Florida - Request for Job Growth Investment Grant (JGIG) Incentives See attached memorandum. 001-5215-582000-500 County Job Incentive April 13, 2010 Board approval of a Letter of Intent to provide economic development incentives. Board approval of Job Growth Investment Grant JGIG-11-003 in the amount of $66,000 phased over three years based upon the hiring of 40 employees at an average wage of $17.42 per hour. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney OMB Director Daniel McIntyre Originating ( Budget Analyst g 9 Dept. p ) Mark Satterlee Mari Gouin ��(4 Sophia Holt Planning and Development Services Department Business & Concurrency Management Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct FROM: Michael Brillhart, Business & Concurrency Manager DATE: June 7, 2011. SUBJECT: Professional Golf Car Corporation of Florida — Request for Job Growth Investment Grant (JGIG) Incentives ITEM NO. VI-F3 BACKGROUND: Professional Golf Car Corporation of Florida (PGCC) include an Ad Valorem Tax Abatement and a Job attached letter dated March 1, 2010 from PGCC. has requested economic development incentives to Growth Investment Grant (JGIG). Please see the Professional Golf Car is an existing golf car manufacturing and sales and service company that relocated its corporate headquarters, main showroom, maintenance, and storage facility to Nexus Park along SR70 in Fort Pierce in early 2011. This type of activity is included in St. Lucie County's targeted industry list under Administrative and Support Services. The hourly wage of $17.42 for the projected 40 employees is above the County's average hourly wage of $15.24. The maximum JGIG grant amount for PGCC is $66,000 phased over three years ($22,000 per year). An ad valorem tax exemption economic development incentive was included as part of the original letter of intent approved by the Board. However, due to the start up of this business after January 1, 2011, the Property Appraiser's Office was not able to calculate an assessed or taxable valuation for the capital improvements made by the company for the upcoming tax year. As such, a tax exemption ordinance will come to the Board for review and consideration in early 2012. RECOMMENDATION: Board approval of a Job Growth Investment Grant JGIG-11-003 in the amount of $66,000 phased over three years based upon the hiring of 40 employees at an average wage of $17.42 per hour. JGIG-11-003 ST. LUCIE COUNTY JOB GROWTH INVESTMENT. GRANT AGREEMENT THIS AGREEMENT is made as of the 7th day of June , 2011 by and between St. Lucie County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the COUNTY and Professional Golf Car Corporation of Florida a corporation authorized to do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I.D. number is 59-2498579. WITNESSETH: WHEREAS, it is the policy of the COUNTY to stimulate economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation within St. Lucie County is beneficial to the local economy; and WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Grant encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job Growth Investment Grant; and WHEREAS, the COMPANY will either relocate to St. Lucie County or expand its existing business in St. Lucie County and thereby create certain new employment opportunities having a specific wage level or higher in St. Lucie County in accordance with the Job Growth Investment Grant criteria if the COUNTY provides to the COMPANY a Job Growth Investment Grant; and WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth 1 Investment Grant by the COUNTY'S Job Growth Investment Grant Review Committee; and WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon the COMPANY'S obtainment of the performance requirements as outlined in this Agreement; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Job Growth Investment Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Annual Average Hourly Wage" - includes the hourly cost of wages, bonuses, and commissions but does not include benefits. The Top two Executive salaries as defined in this Agreement shall not be included in the average wage calculations. b. "Base Period for Hourly Wage level and Job Creation" - the Employer's Quarterly Report (UCT-6) as defined in Exhibit "A" for the quarter preceding the Grant application. C. "Default" - failure to comply with the terms of the Agreement. d. "Effective Date" - date selected to start the annual monitoring of the Job Creation and Hourly Wage level. e. "Expansion of an existing business" - A business establishing 10 or more jobs to employ 10 or more new full-time employees in the County. These jobs must represent a net increase in employment at the site/facility and be not less than a 10 percent increase. f. "Full-time Equivalent Job" - shall be calculated by total payroll hours per year divided by 52 weeks and then, divided by 35 hours. g. "JGIG" - shall mean Job Growth Investment Grant. h. "New Business" - a business establishing 10 or more jobs to employ 10 or more full-time employees in the County within the term of the Grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. i. "Employer's Quarterly Report Form UCT-6" — is defined in Exhibit "A". j. Research Firm - A company that employs 50% or more of their workforce in the development of new products, refinement of existing products, testing of 2 products, development of new scientific information and others to be defined. "St. Lucie County Average Hourly Wage" — At least 107% of the average annual hourly wage per job in St. Lucie County, as determined by Enterprise Florida, Inc. for State incentives. 2. Wage Level Commitment. As a condition precedent to and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to pay an average hourly wage of not less than $17.42 per hour annually. This per hour wage will be adjusted on the third and six anniversary of the Effective Date of this Agreement for wage rate inflation based upon the percentage increase of the Consumer Price Index from the date of the Agreement, then at three years and then six years from the Effective Date of the Agreement. The percentage change (in wage rate) will be added to the target wage rate in the Agreement. The COMPANY shall provide written verification satisfactory to the COUNTY that the average hourly wage of the jobs meets the average rate of $17.41 per hour in the first three years of the Agreement and adjusted as defined above in year three. The first report provided by the COMPANY will be the State of Florida Employer's Quarterly Report (Form UCT-6) including hours worked per month, total number of employees, gross wages paid in the quarter and a total of hours and wages for the Top Executive wages for the quarter previous to the JGIG Application Date. These Top Executives are defined as the wages for the two (2) highest paid employees on a wage basis. The COMPANY will provide the hours and wage dollars for these Top Two (2) Executives for each reporting period. Each quarter after the approval of the JGIG the COMPANY must provide this information to the COUNTY when filing the Employer's Quarterly Report (Form UCT-6). The first report after the Effective Date may include only a partial quarter due to the approval timing. The base period or the adjusted base period at three (3) years or six (6) years will be subtracted from the current twelve (12) month report to equal net growth of hours and wages. The net wages will be divided by the net hours for the average hourly wage rate to compare to the adjusted targeted minimum hourly wage level. The COMPANY'S failure to maintain its hourly wage level commitment for any year will result in the forfeiture of the Grant amount for that year. Such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its hourly wage level commitment. 3. Job Creation Commitment. As a condition precedent to, and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to create a minimum of 40 new Full -Time Equivalent Jobs in St. Lucie County over the term of this Agreement as more specifically set forth on Exhibit "B", which is attached hereto and made a part hereof. These new jobs will be phased in on the following schedule; Year One after Effective Date: 62.5% or a minimum of 25 jobs Year Two after Effective Date: 80% or a minimum of 32 jobs 3 IH 5 Year Three after Effective Date: 100% or a minimum of 40 jobs To obtain the Grant amount for jobs created, the annual calculation of cumulative jobs created must meet or exceed the minimum cumulative job levels and meet the hourly wage requirements. The annual calculation of the incremental jobs will be determined by taking the Base Period quarterly reported hours and dividing by 455 (35 hours x 52 weeks x .25 of year) to arrive at a full time employee count. The same calculation for the current year shall be made by taking the reported annual hours divided by 1820 (35 hours x 52 weeks) to arrive at a full time employee count. The Base Period employee count shall be subtracted from the current employee count then comparing to the minimum jobs committed by the COMPANY to create. if the company does_not_achieve the_cumulative job creation -goal stated within -the Job Growth Investment Grant, but has achieved a minimum of 85% of the cumulative job creation commitment for the period, the JGIG amount will be recalculated for the scheduled year. The County will recalculate the Grant amount based on the actual job levels obtained, and pay the annual amount as calculated reduced by 50%. The COMPANY'S failure to achieve a minimum cumulative job creation of 85% of the job creation commitment for any one year will result in the forfeiture of the entire Grant amount it was scheduled to receive for that year and such funds shall not be available in a subsequent year of the Grant. The COMPANY'S failure to receive funds in any year it fails to meet or maintain its job creation commitment shall not be grounds for an extension of the established payment schedule. Term; Termination. This Agreement shall be effective upon the date of execution of this contract by both parties hereto, and shall automatically terminate 10 years after the Effective Date unless terminated earlier by the County because of a default by the COMPANY provided however, provisions of this contract shall survive the termination of the contract. Grant Eligibility; Payment Schedule a. Eligibility Determination; Payment. The initial eligibility determination for payment of the JGIG shall be made on the first anniversary of the Effective Date of this Agreement. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date of this Agreement. Payment of JGIG Funds shall be made as follows: All Grants with an Effective Date between October 1" and March 31" will be paid by May 15" after the successful completion and submission of the required documentation each year. All Grants with an Effective Date between April 1" and September 30th will be paid by November 15th after the successful completion and submission of the required documentation each year. Notwithstanding the foregoing, should the date for filing the last annual Employer's Quarterly Report (Form UCT-6), as described in Exhibit "A", not coincide with the date that an eligibility determination is made; the COMPANY .19 shall have the right to file a report, in a form substantially similar to an Employer's Quarterly Report in a form acceptable to the COUNTY for payment. b. The COMPANY will be eligible for a Job Growth Investment Grant (hereinafter a "Grant") of an amount up to $66,000 which Grant shall be payable as follows: Year 1 - $22,000 Year 2 - $22,000 Year 3 - $22,000 This payout period, 5_years, will begin one year after the effective date June 7, 2011 based on payout schedule in paragraph 5 section a. The COUNTY shall pay $1,650 per Full -Time Equivalent Job. 6. Relocation Commitment. The parties acknowledge and agree that the JGIG incentive agreement was an inducement to have the COMPANY expand or relocate to St. Lucie County. This means that the COMPANY made the decision to expand or relocate after considering the JGIG package. As a condition precedent to, and as consideration for obtaining JGIG funds from COUNTY, the COMPANY agrees to locate or expand its business operations to/within St. Lucie County for a period of at least 5 years after the last scheduled JGIG payment. Should the Company relocate before the agreed number of years, all grant dollars paid to the Company shall be paid back to the County within a 120 day period. 7. Annual Job Status. The COMPANY must provide the COUNTY with the Employer's Quarterly Report UCT-6 of its business operations within St. Lucie County on the State form UCT-6 as amended. The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports. With prior approval of the COUNTY, the COMPANY may submit a form substantially similar to the annual Employer's Quarterly Report (Form UCT-6) provided that information necessary to meet the requirements of this grant award is provided in a form acceptable to the COUNTY the alternative form must be notarized and signed on Company letterhead. 8. Grant Restriction. The JGIG funds available under this Agreement as referenced in paragraph 5 will be provided only for reimbursement of expenses associated with the physical move, relocation and/or expansion of the COMPANY to St. Lucie County including but not limited to corporate or COMPANY relocation expenses, infrastructure costs, leasehold improvements, COMPANY sponsored child day care facilities, rent for COMPANY facilities, lease buyouts, training expenses and other expenses approved by the Job Growth Investment Grant Committee. 9. Default: Termination. In the event the COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. 10. Indemnification. For the sum of ten ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its servants, and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 11. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in St —Lucie County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 14. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 15. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or no circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY'S failure to maintain its job creation commitment or salary level commitment for any one year will result in the forfeiture of the Grant amount it.was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and salary level commitment. 16. Assignment. 17 im 19 The COMPANY shall not assign this Agreement to any other persons or firm without first obtaining COUNTY'S written approval. Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required herein, as provided for in Section 112.311, Florida Statutes. The COMPANY further represents that no person having any interest shall be employed for said performance. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Clifford L. Danley, President Harry Zuker, President Professional Golf Car Corporation of Florida ComNet Realty, Inc. 2772 Peters Road 2817 Peters Road Fort Pierce, FL 34945 Fort Pierce, FL 34945 Entire Agreement. The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 7 IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto sets its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN WITNESSES: (Corporate Seal) Form Update: 3/10/2009 APPROVED AS TO FORM AND CORRECTNESS: County Attorney COMPANY n. Signature and Title Typed Name Date J Job Growth Investment Grant Estimation Calculation Exhibit B To the Job Growth Investment Grant Agreement between St. Lucie County and (Professional Golf Car Corporation of Florida) I. Target: Transportation Equipment Manufacturing Industry Category eligible for application. Qualified companies are listed on the Target Industry List attached — circle the qualified industry. Attachment Exhibit B — 1 II. Application Section Criteria: _ Expansion of net new jobs (number) _ New Business of net new jobs (number) X Relocation 40 of net new jobs (number) III. Employment Commitment: COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: 40 90 $17.42 $15.78 $500,000 IV. Grant Amount: Total number of employees (new and existing) expected during term of grant New, full time employees (eligible for grant application) expected during term of grant % of County residents Average hourly wage of all employees to be employed by company Current average hourly wage in St. Lucie County Capital Investment Amount (Building improvements, equipment etc). Grant award calculation not to exceed $1,500,000 including bonuses $60,000 Base Grant Amount $1,500 X number of new jobs eligible for grant Bonus computations: G:economic/JGIG/agreement (insert grant/project name) (insert print date/ note draft # or final) final template approved 05.23.2006 Page 1 50-99 total new jobs (20% bonus) 100-199 total new jobs (30% bonus) 200+ total new jobs (35% bonus) $3,000 90% or more local hires — St. Lucie County Residents (5% bonus) Average salary for applicant's jobs will be 125% of St. Lucie County average salary (15% bonus) Average salary for applicant's jobs will be 150% of St. Lucie County average salary (30% bonus) Research Firm (30% bonus) $3,000 Use of local contractors for construction activity* (5% bonus) $6,000 Total Bonuses $66,000 Total Grant (base amount + total bonuses) * Local contractors are those contractors who are licensed in St. Lucie County and have an office located in St. Lucie County. ** Total grant to be paid over a three year period. G:economic/JGIG/agreement (insert grant/project name) (insert print date/ note draft # or final) final template approved 05.23.2006 Page 2 Y PGCC March 1, 2010 Jackie L. Bylsma Assistant Vice President Economic Development Council of St. Lucie County 1850 SW Fountainview Boulevard Suite 205 Port St. Lucie, FL 34986 Re: Professional Golf Car Corporation of Florida Dear Ms. Bylsma: I am writing on behalf of the new owners of Professional Golf Car Corporation of Florida ("PGC"). Thank you for meeting with us on February 18, 2010 to discuss various economic incentives that may be available to businesses relocating to St. Lucie County, Florida. PGC, an authorized Club Car, Inc. ("Club Car") Florida dealership, is contemplating moving its corporate headquarters and main .showroom, maintenance and storage facility, currently located in Greenacres, Florida, to St. Lucie County, particularly, Fort Pierce. The Greenacres site has proven to be inadequate to meet the needs of PGC's wholesale golf car and commercial vehicle sales and service customer bases, and is cramping PGC's .growth opportunities. PGC's dealership territory encompasses Brevard, Okeechobee, Indian River, St. Lucie, Martin and Palm Beach Counties, from Melbourne to Boca Raton, and the cities of Melbourne, Vero Beach, Fort Pierce, Port St. Lucie, Stuart, Jupiter, the Palm Beaches, Boynton Beach, Delray Beach and Boca Raton. PGC holds one of Club Car's premier dealerships in the country. Already well known in the golf community along the east coast of Florida, PGC intends to reach into other, relatively untapped markets for its products, including governmental entities, schools, hospitals, marinas, utilities, homeowners' associations, shopping malls, auto dealerships, warehouse facilities, and others. One facility attractive and available to PGC is Nexus Park, off of Okeechobee Road between Route 95 and the Florida Turnpike. The Nexus Park facility, which can be leased for at least 10 years, and which will require a financial commitment from PGC of approximately $10 million, will permit substantial growth in PGC's business. Club Car has encouraged PGC to give this Fort Pierce site serious consideration, given its centralized location within PGC's Club Car dealership territory, and improved proximity to Club Car's manufacturing facilities in Augusta, Georgia. PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA 5385 Lake Worth Road. • Greenacres, FL 33463 9 Telephone (561) 433-2500 Jackie L. Bylsma Economic Development Counci �ouy March 1, 2010 Page 2 PGC owns and operates a "green", environmentally friendly business, consistent with and in furtherance of federal, state, county and local efforts to protect the environment, while at the same time meeting the alternative transportation and other vehicle needs of its customers. The vast majority of its sales are of electrically -driven vehicles, some of which are eligible for federal stimulus funds. PGC also intends to be a major participant in the alternative electric, street legal vehicle transportation industry, an industry in its infancy with great potential, and environmentally friendly. PGC believes that there is a substantial market in St. Lucie County, and throughout Florida for that matter, for these energy efficient, "green" vehicles. PGC hopes to work with the St. Lucie County and local governmental authorities, as well as HOA's, schools, hospitals, real estate developers, etc —.in an effort -to -develop -these -markets, --thereby -conserving— energy and protecting the environment. Initially, upon relocation, PGC will bring approximately 25 jobs to Fort Pierce. However, PLC's conservative five year financial projections, which will be enhanced substantially by moving to Fort Pierce, call for up to 40 jobs. PGC's initial average employee wage is $17.42 per hour, which clearly will escalate as PLC's business and the overall economy grow. Additionally, PGC initially will be making a capital investment in excess of $500,000 in tenant improvements, moving/relocating costs, new bulk transportation, maintenance and other equipment, furniture, computer and communication systems, etc. PGC will also assist certain employees, financially and otherwise, in finding new housing in St. Lucie County as they relocate there. The availability of the economic incentives from St. Lucie County may well be the deciding factor for PGC's relocation to Fort Pierce. PGC and its new owners are available to provide any and all required information and to answer any and all questions from St. Lucie County and the Economic Development Council. CLD/js Your assistance thus far is greatly appreciated. Very truly yours, vl Clifford L. Danley President PROFESSIONAL GOLF CAR. CORPORATION OF FLORIDA 5385 Lake Worth Road • Greenacres. FL 33463 • Telephone (561) 433-2500 BOARD OF COUNTY COMMISSIONERS April 13, 2010 Mr. Larry. Pelton President Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Blvd., Ste. 205 Port St. Lucie, FL 34986 Re: Project EUV Dear Mr. Pelton: FAYE W. OUTLAW, MPA Outlined are proposed County Incentives for Project'EUV, based on the following assumptions: Number of employees: 25 Average Hourly Wage: $17.42 Capital Investment: $500,000 Property Tax Exemption It is our understanding that Project EUV will not be the owner of the facility. Therefore, the property tax exemption shall apply only to permanent tenant capital improvements made by Project EUV. Based upon the above assumptions, the estimated property tax exemption over 5 years would be $11,700. Phncca In of Exemntion Percentage Potential Exemption Amount 100% $3,900 80% $3,120 60% $2,340 40% $1,560 20% $ 780 TOTAL $11,700 Any Property tax exemption is subject to Board of County Commission approval at a public hearing. Based upon the above assumptions, Project EUV is also eligible for a Job Growth Incentive Grant of $41,250 phased over three years. CHRIS DZADOV5KY, District No. 1 e DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 + CHARLES GRANDE, District No. 4 e CHRIS CRAFT, District No. 5 County Administrator • Faye W. Outlaw, MPA 2300 Virginia Avenue o Fort Pierce, FL 34982-5652 o Phone (772) 462-1450 TDD (772) 462-1428 FAX (772) 462-1648 . email: outlawf@srlucieco.org web site: www.stlucieco.org Once again, the above incentives are subject to the Board of County Commissioners' approval and are current date estimates, based on assumptions. St. Lucie County is pleased to offer this incentive package to Project EUV. Sincerely, Faye Outlaw, MPA County Administrator Copy to: St. Lucie County Board of County Commissioners Daniel -McIntyre, County _Attomey Lee Ann Lowery, Assistant County Administrator Mark Satterlee, Growth Management Director I City of Fort Pierce, Florida Building and Code Enforcement P 0 Box 1480 Foil Pierce FL 34954 Permit 4 10-2345 Dates Issued: 1/14/11 CERTIFICATE OF COMPLETION The requirements of the Building Codes, of the City of Fort Pierce have been complied .With in the — — Construction / —X— Alteration of Building located at: ') 817 Peters Road Address .232431100050001 Parcel Certificate of Completion pertains to: Commercial Repairs Crossroads Plaza FP I LLC Pro Golf Car ON«.ner Tenant And for no other purpose in: C-3 Type of Zoning Condition: Additional paperwork regarding Dynafire (monitoring system) resolved by 1/21/11 Uil inV fficia I TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST ITEM NO. VI-G1 DATE: 617/11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. Public Works/Engineering Division County Engineer MV13 White Way Dairy Road Culvert Improvement Project See attached memorandum. 101-4115-563005-19014L -Tropical Storm Fay PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the White Way Dairy Road Culvert Improvement Project. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator County Attorney (x ) Coordination/Signatures b`d OMB Director Daniel McIntyre Budget Analyst Originating Dept. ( x) - Do ald West Road & Bridge ( x ) Manager Donald Pauley White Way Dairy Road acceptance.ag County Engineer (x) Gouin Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works DirectoIM FROM: Michael Powley, County Engineer DATE: June 7, 2011 SUBJECT: _ White Way Dairy Road Culvert Improvement -Project_______ _ ITEM NO. VI-G1 Background: Tropical Storm Fay severely damaged the White Way Diary Road crossing of 5-Mile Creek in 2008: After several design attempts and two separate biddings, the culvert reconstruction is now complete. The project was completed within the original bid award; none of the ten -percent contingency was spent. Staff has monitored the construction throughout and finds it to be in conformance to the plans and specifications. Previous Action: March 4, 2009 — Work Authorization No. 7 for $24,881.29 executed by the County Administrator. April 30, 2009 - First Amendment to Work Authorization No. 7 for a time extension. May 19, 2009 - Board authorized staff to utilize emergency bidding procedures along with the Local Economic Stimulus Ordinance for repair of the crossing. September 15, 2009 - Board authorized staff to reject quotes for White Way Dairy Road Culvert Improvement Project and approve the Second Amendment to Work Authorization No. 7 for roadway design services with Miller Legg in the amount of $39,400. March 25, 2010 - Third Amendment to Work Authorization No. 7 for a time extension. August 17, 2010 - Fourth Amendment to Work Authorization No. 7 (C07-07-387) for roadway design services with Miller Legg in the amount of $8,760. October 12, 2010 — Board approved bid award to Guettler Brothers Inc. in the amount of $304,933. Recommendation: Board acceptance of the White Way Dairy Road Culvert Improvement Project. AGENDA REQUEST ITEM NO. VI-G2 DATE: 6/7/11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer M4r SUBJECT: Indian River Estates Stormwater Improvements — Phase II BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-4258 White City Canals 102001-3725-563000-425056 Indian River Estates Drainage Plan PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the SecondAmendment to the contract with. Inwood Consulting Engineers, Inc. in the amount of $171,332. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures t. County Attorney ( x) ' OMB Director ( x ) Daniel McIntyre Budget Analyst MarieQpouin Originating Dept. ( x) Do ald West IRE PH 11 Amend 2.ag County Engineer (x ) Alp IV11U[10"-1 I-VWIC K\..,.. ATTACHMENT A C10-02-280 I SECOND AMENDMENT TO FEBRUARY 9, 2010 CONTRACT BETWEEN ST. LUCIE COUNTY AND INWOOD CONSULTING ENGINEERS, INC. THIS second AMENDMENT, is made and entered into this day of 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and INWOOD CONSULTING ENGINEERS, INC., or his, its or their successors, executors, administrators, and assigns (the "Agency") WHEREAS, on February 9, 2010 the parties entered into a contract to provide Indian River Estates Phase II Design Services; and, WHEREAS, on April 26, 2011, the parties executed the first amendment to the Contract to extend the completion date of the project; and, WHEREAS, the parties desire to further amend the Contract to included additional scope of services and compensation. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 1, "Services" is amended to add services related to the Indian River Stormwater Improvements Estates Phase II in accordance with the Additional Scope of Work Exhibit "A". 2. The additional Scope of Work in this Amendment shall not exceed $171,332.00 (one hundred seventy-one thousand three hundred thirty-two and 00/100 dollars) in accordance with the compensation set forth in Exhibit "B". 3. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN 1 C 10-02-280 WITNESSES: (1) (2) APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY INWOOD CONSULTING ENGINEERS, INC. BY: PRINT NAME: 2 Indian River Estates Stormwater Improvements - Phase II ExhibltA — Page 1 of 1 St. Lude County, Florida May 17, 2011 EXHIBIT A ADDITIONAL SCOPE OF WORK Indian River Estates Stormwater Improvements - Phase II SCOPE Inwood will perform additional design analysis, roadway plans preparation and drainage analysis in order to finalize the construction plans, FEMA Grant documentation and permitting requirements. The engineering services provided in this authorization is in addition to the scope of services provided in the July 1, 2010 proposal submitted to and approved by the County (Purchase Order P2102158 / Contract # C10-02-280). The additional services are summarized below: 1. General Tasks - Additional project administration and management efforts to facilitate the—described—tasks—here-within—will—be—required—forthe—remaining duration of the project. This includes such tasks as coordinating and corresponding with County staff, subconsultants, water management districts and utilities. 2. Roadway Plans — The County has requested that the current design improvements be scaled back in an effort to reduce the overall estimated construction costs of the project. This will include removing proposed concrete sidewalks (no regrading), reducing the proposed overlay limits and all proposed paved shoulders will be converted to non -paved shoulders (no regrading). This will require that all driveway connections (approximately 300) be extended to match the existing edge of pavement instead of the proposed paved shoulder (to be removed). Additional design services associated with the Silver Oak Drive are necessary due to construction materials (Chip Seal) specifications and treatment. Structures modeled for FEMA documentation are to be designed for the subdivision. These structures will be included in the plan and profile sheet, summary of drainage structures, and drainage sections. 3. Drainage Analysis — Additional drainage analysis is required to provide documentation for the FEMA grant. These additional efforts include the following: A. ICPR Hydraulic and Hydrologic modeling of drainage structures within the subdivision is required for FEMA documentation. The drainage structures to be modeled are over 290 inlets and manholes. This modeling provides the necessary documentation of flood stages at various locations throughout the subdivision for the 10-year/24-hour storm event (which is the design storm per FEMA). B. ICPR Hydraulic and Hydrologic modeling of 1/2" incremental storm events to determine to radius of influence of the existing pump station with constructible stormsewer piping C. Perform additional analysis and modeling of seven conceptual alternatives to determine the optimal design to reduce flood stages and convey runoff towards the existing pump station. These alternatives will review future options for increased flows to the west and south from Indian River Estates to the US 1 Pond and other alternative outfalls. p p� D ppp s p s p N t bL '� � OO C O� ,y N N M W ✓Oi O N o C O m ooaS ~ pp O O O O O O O O O O O O O O O O O O O O O O O O O r 3 J m N Q rb• m 0 m Z £ o 0 0 0 0 0 0 0 0 0 0 0 0 0 P 0 0 0 0 0 0 0 a o 0 0 0 0 0 0 0 o d o o w H eti p Q O o V U O O O O O O O O O D O O O D O O O D 0 0 0 0 0 0 0 0 0 0 D O O p C W w_ v g N 0-0-0-0-0-0-o D o-o-o 0 0 0 0 0 0 o b o 0 0 0 0 0 rc i w O_ Q b+ tgi O O LL O U p ° o m o o o o P o o o o o o o P o o 0 o o o 0 0 0 0 o 0 o 0 o o 0 0 0 � Z Q > w w F 0 O LLS ` E S �. 8 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o P o m - w S O m$ O O O O O O O P O a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$¢ O0 NN g D O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "' N g E E g W c w » a p E E v •i p, O$ N CN,� O O O O o O O O O O O O O O O O O O O b O O O O O O R ry C w a c F _ g a g$ 3N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m E w a E � d � pgp O P a 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0$ N � W a m a k iy a S m ffi a v g$ 0 0 0 o P o 0 0 0 o O o 0 0 o a o 0 0 0 0 0 0 N a a ir'i a 8 `m w 8 m m �r �a w o x O O O O O O O O O O O O O O O O O O O O O O P P O ; F� =Noo�= z � 8@@ 3V2 c O f Y C a O � ¢�w 12 CL co w m H 3Y, Ti 15 i6 ° D E �Z w w. o� N m 0 a. O � w O W N 1� t�i � Yl m m Di O W N v U1 tp Ih 6P f- N Z U LL U __ Cl O ID m Cr.VT.TYF L I D A AGENDA REQUEST ITEM NO. V ! I - A DATE: June 7, 2011 REGULAR[] PUBLIC HEARING [XX] CONSENT(] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BYMEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: 2011 Economic Development Exemption Application - J.J. Taylor Distributing Florida, Inc.; Ordinance No. 11-019 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: See attached memorandum Staff recommends that the Board adopt Ordinance No. 11-019 and authorize the Chairman to sign the Ordinance. CONCURRENCE: Faye W. Outlaw, MPA County Administrator � Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel S. McIntyre Originating Dept, Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 5 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 11-467 DATE: May 4, 2011 SUBJECT: 2011 Economic Development Exemption Application - J. J. Taylor Distributing Florida, Inc.; Ordinance No.11-019 BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the Board of County Commissioners of St. Lucie County to grant a local economic ad valorem tax exemption. Also attached is Resolution No. 03-258 adopted on October 28, 2003 establishing a propertytax 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 of the Property Appraiser are contained in the application. As the memorandum states, J. J. Taylor Distributing Florida, 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% Year 4 - 40% Year 5 - 20% Also attached is a copy of draft Ordinance No. 11-019 which, if adopted, would grant J. J. Distributing Florida, Inc. an economic ad valorem tax exemption for a period of five (S) years. Permission to advertise was granted on May 3, 2011 and notice was published on May 10, 2011 in the St. Lucie News Tribune. RECOMMENDATION/CONCLUSION: Staff recommends that the adopt Ordinance No. 11-019 and authorize the Chairman to sign the Ordinance. Res1--AC ubmitted Daniel . McIntyre County Attorney /) DSM/caf Attachments ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, M H.QQ FLORIDA, BY CREATING ARTICLE V (ECONOMIC o (D :3 DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO " am Z 0 ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC mn. DEVELOPMENT IN THE COUNTY; ESTABLISHING AN x p EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR M'' CERTAIN MEN AND EXPANDING BUSINESS PROPERTIES; o.•� PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; w N n SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN N CONNECTIONWITS SUCH PROPERTY;____PROVIDING FOR W N n CONFLICTING PROVISIONS; SEVERABILITY AND x• 00 APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION aAro cn OD � 6A M WHEREAS, the Board of County Commissioners of St.� Lucie y W County, Florida, has made the following determinations: o G x �• 1. Section 196.1995, Florida Statutes, provides the Board of �'t on County Commissioners may hold a referendum granting Economic x n rt Development Ad Valorem Tax Exemptions under Section 3, Article VII 0 1 of the State Constitution. CD 2. This Board believes that amending Chapter 1-19.3 W V n (Taxation) of the Code of ordinances of St. Lucie County, Florida, bm by creating Economic Development Ad Valorem Tax Exemptions for a M o a new or expanding business is in the best interest of the health, N t safety and public welfare of the citizens of St. Lucie County, 0 Florida. 0 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: passages are deleted. Underlined passages are added. 1 PART A. AMENDMENT OF CHAPTER I-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-19.3 (Taxation) of the Code of Ordinances of 0 St. Lucie County, Florida, is hereby amended by creating Article V o (Economic Development Ad Valorem Tax Exemptions) to read as x follows: 0 Chapter 1-19.3 N W TAXATION ARTICLE V. ECONOMIC DEVELOPMENT IV AD VALOREM TAX EXEMPTIONS t� Section 1-19.3-51. Short Title. N Q1 This Ordinance shall be known as County Ordinance No. 92-24, 0 H "Economic Development Ad Valorem Tax Exemption Reaulations of St. Lucie County, Florida." action 1-19.3-52. -Enactment and Authority. Pursuant to Section 3. Article_V11 of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214 Florida Statutes and Florida Department of Revenue Rules Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relating to economic development ad valorem tax exemptions, after the electors of such municipality or county, voting on the question in a referendum,' authorize the adoption of such ordinance passages are deleted. Underlined passages are added. 2 0 -Section 1-19.3-53. Jurisdiction. The area subiect to this Ordinance shall be incorporated and unincorporated St. Lucie County. 0 x Section 1-19.3-54. Purpose and Intent. 0 The public health, safety, comfort, economy, order, x convenience and general welfare require the harmonious orderly and 0 0 progressive development of new business and expansion of existing N business within Florida and its incorporated municipalities and w counties. In furtherance of this general counties by „purpose Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules Chapter 12D-7, Florida Administrative N Code, are authorized and empowered to adopt, amend* or revise and 0 enforce measures relating to economic development ad valorem tax N exemptions for new business and expansion of existing business. It is the intent'of this Ordinance to secure or to ensure: 2. A_RRraiser's report on that application. 3. passages are deleted. Underlined passages are added. 3 t 4. 5. 6: Any exemption shall be up to a full ten (10) year period from the time the exemption is granted No_exemption-shall be granted on the land which new or expanded businesses are to be located the State Constitution. Section 1-19.3-55. Definition of Terms. The following words phrases and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code except _where the context clearly indicates otherwise: 1. Applicant Any person or corporation submitting an Economic Development Ad Valorem Tax Exemption application to the Board. 2. Board - The St. Lucie County Board of Commissioners. 3. Business - Any activity engaged in by any person corporation or company with the object of private or public gain, benefit, or advantage either direct or indirect. 3.1 New Business - a. A business establishing 10 or more jobs to emplov 10 or more full-time employees in this County, which manufactures, processes, Strruethrough passages are deleted. Underlined passages are added. 4 0 00 0 0 x 0 O N W N 0 W cOmpounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or 0 manufacturing plant; w 0 b. A business establishing 25 or more Jobs to 0 IN employ 25 or more full-time employees in this 0 _County, the sales factor of which, as defined 0 N by s. 220.15(51, Florida Statutes, for the w facility with respect to which it requests an b economic development ad valorem tax exemption 0 is less than 0.50 for each year the exemption N is claimed. No business engaged in retail 0 operations as defined herein shall be eligible for an exemption pursuant to this subsection b; or c. An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or more full-time employees of such corporation; brovided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Streak threugh passages are deleted. Underlined passages are added. 5 y d. Any business located in an area designated enterprise zone that first begins operation on a site clearly separate from any other 0 commercial or industrial operation owned by z w the same business. 0x 3.2 Expansion of Existing Business p A. A business establishing 10 or more jobs to OD N employ 10 or more full-time employees in this County, which manufactures, processes ro compounds, fabricates or produces for sale t� items of tangible personal property at a fixed N location and which comprises an industrial. or 0 manufacturing plant; or N b. Any business establishing 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15f51, 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 vear the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business resulting in a net increase in employment of not less than 10 percent or StEBeke thr-ems; passages are deleted. Underlined passages are added. 5 El an increase in Productive outRut of not less than 10 Percent. No business engaged in retail operations as defined herein shall be 0 eligible for an exemption pursuant to this subsection b. x a. Any business located in an enterprise zone that 0 increases operations on a site colocated with OD _.. N a commercial or industrial operation owned by w e same business. 3.3 Business engaged in retail operations - a business ro C) m engaged in a sale to a consumer or to any Person of N an item of tangible personal Qroperty for any 0 0 purposes other than for resale. 0 4. Department - The Florida Department of Revenue 5. Improvements - Physical changes made to raw land, and structures Placed on or under the land surface. All personal property acquired to facilitate an expansion of an existing business provided that the Personal property is added or increased on or after the day the ordinance is adopted However, _personal property acquired to replace existing_ property shall, not be considered to facilitate a businesses expansion. 6. Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state during. the �Egk passages are deleted. Underlined passages are added. 7 taxable vear or Period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or Period. fSee Section 220 15(5)Florida 0 Statutes for specifics of computation) xw Section 1-19.3-56. General. 0 x The Economic Development Ad Valorem Tax Exemption is a local 0 option tax incentive for new or expanding business which may be OD granted or refused at the sole discretion of the Board To apply w —for such -an -exemption a business locating or expanding_ in the ro corporated or unincorporated area of St Lucie County must file an G) application fFlorida Department of Revenue Form DR-418.,- See N Attachment 11 with the Board �1 Satisfactory proof that the business meets the criteria for 0 J exemption as a new business or expansion of an existing business as defined by this Ordinance must accompany the Application The Application shall be filed on or before 1 March of the year in which an exemption is requested Exemption from County tax may only be granted by the Board. The exemption granted under this Ordinance shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the referendum authorizing this Ordinance Section 1-19.3 -57. Procedure. Before the Board acts on an application it must be submitted to the Property Appraiser for review. After careful consideration passages are deleted. Underlined passages are added. 0 -the Property Appraiser shall report to the Board concerning the fiscal impact of granting exemptions. The Property Appraiser's Report shall include the following: 0 1. The total revenue available to the County for the current fiscal year from ad valorem tax sources. 0 0 2. The amount of revenue foregone by the County for the x current fisgal year because of economic development ad valorem tax exemptions previously granted. 0 m 3. An estimate of the amount of revenue which would be N foregone for the current fiscal year if the exemption is W granted to the new or expanding business. 4. After consideration of the report of the Property Appraiser, the Board may choose to adopt an Ordinance aranjing the tax exemption to a new or expanding business. The Ordinance shall be adopted in the same manner as any other ordinance of the County. The Ordinance shall include the following information; 1. The name and address of the new or expanding business. 2. The amount of revenue available from ad valorem tax sources for the current fiscal year, revenue foregone for 2.1. The expiration date of the exemption. (Up to ten years from date of Board adoption of the Ordinance granting the exemption) 4. A finding that the business meets the definition of a new business or an expansion of an existing business. passages are deleted. Underlined passages are added. 9 N 0� 0 OD 5. exemption. Section 1-19.3-58. Fees. Fees charged to offset the cost of processing the Economic Development Ad Valorem Tax Exemption Application or any Exemption Ordinance shall be adopted by the Board by resolution Section 1-19.3-59. Eligible Business or industry. Any business or industry, as defined in Section 1-19 3-55, Paragraph 31--and 3.2, that does not qualify as an ineligible business or industry as defined in Section 1-19 3-60 When considering the issue of whether or not a business or industry is an eligible business as defined herein, the Board shall consider the anticipated number of employees, average wage type of industry or business, environmental impacts, volume of business or production or any other information *relating to the issue of whether the proposed development would significantly improve economic development in St. Lucie County prior to accepting_ the Economic Development Ad Valorem Tax Exemption Application. The criteria for determining the length of an exemption and the percentage amount of an exemption may be formulated by the Board by resolution. The criteria shall provide for incentives for businesses that employ St Lucie County residents who establish permanent domicile pursuant to Florida Statutes Struele through passages are deleted. Underlined passages are added. 10 0 as 0 0 x OD N W Section 1-29.3-60 Ineligible Business or Industry. Any business or industry in violation of anv federal, state or local law or regulation governing environmental matters such as 0 air, water, and noise pollution z W 0 0 x Section 1-19.3-61. Appeals. O The decision of the Board not to grant an Economic Develoment N Ad Valorem Tax Exemption to a particular business or industry is W subject only to -judicial review pursuant to the Florida Rules of ro Appellate Procedure. 0 M Section 1-19.3-62 - 1-19.3-70. Reserved. N N PART B. CONFLICTING PROVISIONS. 0 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. passages are deleted. Underlined passages are added. 11 PART D. FILING WITH THE DEPARTNENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman'Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "°ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. passages are deleted. Underlined passages are added. 12 0 x 00 x 0 OD N W ro 0 PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMKISSIOM88B^,- ST. LUCIE COUNTY, FLORI*.. • • i i O i xJ to CHAIRMAN '1 Q x APPROVWD,AS TO FORM CO C S: O W Etruelf� passages are deleted. Underlined passages are added. 13 DR.a' 6' , n.l:nc ECONO DEVELOPMENT AD VALOREM:.. , KEMPTION Chapter 196. Florida Statutes H be that ake "fact, Boon of County teale<O to aka COmmnNenen, Ins gererwing nl board Of the pnrClpSllty, Of both, no later then March I Of the year the .114mptlen b I. Buuns" saerna ono Moiling ^earn%: _• P1:gae Mya some and telephone number OI OWher or peNOn In Charge of this DaNneu: scents Totas"ons Number 7. Exact Location (Lgas Description and Street ASSMS) of p"POMY for whigh this return is filed: yi( to •. Data You began, or will begin, buslnass at this facility: S' a, OsaglPtiOn of the lnOreyments to real Property for which tbig exemption Is requested: b. Dale Of commomm Mt Of construction of Improvements; it. a. Description of the tangible Personal property for which this exemption If regeested one data When Property Was, or 16 to be, purchased: TAX►AYER'S �x ESTIMATE Or TAXPAYERS a APPRAISER'S M DATE CONDITION ESTIMATE DF CLASS OR ITEM or ORIGINAL a PAIR MARKET 9 USE ONLY AGE PURCHASE COST 'o '� °e VALUE c N W b o Is. Average Value of Inventory an none: �- f. "I'Additlonat per"OMl eroptyty not elated above for which an exemption is stalmess must be eao,rbed en term DR.dpS (Tangible persons, Property Tax Rotors) and a copy attached to this form. T. Do you again examptldn as a "New Eutinar" Q or as an-Expalnlon at an Exktins auslnau.. ❑ E. Describe the TYPO Or Nature Of Your Ituaineu: 1. Trade Leon (Cheek e4 many as apply): Real ❑ WhOisalla ❑ Manufacturing ❑ Professional D Sereic. 0 oflioa Q other G M a. Number of fun.timt employees to be employed In Florida A Of an expatrslon of an existing business: (1) Net Increase In Employment O, (:) Increase In D,dOYd isle OUtOOI retYlfinO IfOm inn axpa nupr. 11. Sales peter toy the faclUly reO.S Ubg sxentpl.on, Total gain in Florio& from this winty-oho 11) location only Total salsa everywhere from this tesllity.Ohe (1) location only $2. For Office apace OWMd and used by a corperelon newly domiciled in Florida: a, Date Of incorporation In Florida: divided by W x b, Number Of Full-time Om PIOYses of this location: t3. 11 requesting an exemption due 10 location In a slum or blighted ate&. Paafe furnish Such additional information as required by the County Commission, City Commission, or Property Appraiser, 1 honey MOUest the 10001lon of on orainance granting an exemption from ad valorem taxation on the sOevs property pursuant to Section 196.1113, Florida gestuteL I agns to furnish Such other reasonable information at the Board of County COMMISSloners, the governing authority of the municipality. Or the Pfoo. OW APPnher may reOuest In regard t0 the exemption requested herein. I hereby certify that the Information and valuation stated above by me It this. comet, aM pomptett Ica the but of my knowledge and belief. (It Prepared by $OMOOnt other than the taxpayer. his declaration is baled On all Information of which he cis any knowledge.) DATE: SIGNED: SIGNED: Ratepayer) TITLE: (Pre Parer) (Prepare,'$ Address) le'"Pstes9 Telephone Number) PROPERTY APPRAISER'S USE ONLY L Total relanes SV&Ilable to the County or municipality for the current flreal Year from ad valorem tax sources: IL Reeenu. lest t0 the County Or Or mpnitiPatetY to, the Current fiscal Year by virtue of eXempliom previously granted ones, in.$ of lion: tgl. EaOmea 01 the avenue WhICh Wauto be loft l0 the County Or municipality during Inc Current tllCil year It the exemption Sept..* I., ware granted had the p"*" IOr vmIch the exemption Is I-00e51e0 O1h.rWise been sWb)*cj t0 taxation:N. Estimate at me Savable Value I"I t0 the County Of mYp1C1OSIlfy If the etttm0110- applied 10, were granted: "Matd"MOOU IO rut property Personal Property V. f lisle Oettrml n ed IMt the pro petty ['Site Score meets the definition. ar defined by Scotian 196.01; dlr•t*VM"'en of an E.,Wng (la) Or (15), FI*ritla Sta tulef. of a New But.nCff BYH rice. , or Neither _ h. Lau stir Inc wh,Ch txtm Pl,gn may get +ppj e &ATE; SIGNED: O-0-1-Y wopr+riot TURN TO BE FILED NOT LATER TITAN NIARCH I ATTACHMENT 1 • OR BOOK 0 8 2 3 PAGE 2 6 1 4 GENERAL INFORMATION Under the consitutional amendment passed by the voters of Florida on October 7. 1980, tax exemptions can be granted to new and expanding businesses only after the voters of a city and/or county vole in a referendum to allowexemptions for that city or county. Section 196.1995, Florida Statutes, requires that a referendum be held if: (1) Thr Board of Count%, Coin missioners or governing authority of a municipality (city or county commission) votes to hoic such a referendum. or ('_) 11' the county or city commission receives a petition signed by ten percent of the registerea voters of the county or city. This referendum question can then be placed before the voters 01' a city or county at any regular election or special election called for voting on the tax incentive referendum or for any other purpose. If the voters authorize exemptions, a company must first meet the definitions of a new or expanding business New Business (a) A manufacturer which establishes ten or more full-time iobs. (b) A business with more than 507- of its sales outside the State of Florida which establishes 25 or more jobs. (e) Office space of a new Florida corporation housing 50 or more full-time employees of the corpcc- ration. (Tile above are applicable if the business is on a site clearly separate from any, other facility owned by t:tt same company,) (d) Any business located in a slum or blighted area as defined by Section 163.355. Florida Statutes. Expansion Oran E ci n� e,� la) A manufacturer that aids a minimum of ten new employees and increases employment by 107 or increases productive output by a minimum of 107c. (b) A business with more than 50% of its sales outside the State that adds a minimum of 25 new ern- ployees and increases employment by lam or increases productive output by a minimum of 10%. The expansion must be on the same or a colocated site of the business' current operations. !f a business meets one of the above definitions as a new or expanding business, it must then file this applica- tion with the county or city commission or both. After the city or county commission receives this application.-it-must_submit_ti►e_application_to-the-county- psoperty-appraiser-for review. After the property appraiser makes the report as to the fiscal iepact of granting the exemption, the county or city commission shall then adopt an ordinance in the usual manner -granting the exemption. if it chooses to do so. A business cannot receive exemption from school taxes or water management district taxes. Also. a business must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies authorized by the voters of a city or county. The exemption can only be for the improvements to the real property and for tangible personal property. The Lind on which the new or expanding business is to be located will still be taxed anri rr, •s must be paid on it. The action taken by a city or county commission can only exempt the taxes paid to that governmental body. A city can only exempt its taxes: a county can only exempt its taxes. Ail other taxes must be paid. This exemption shall first apply to the 101 assessment rolls. ♦ Milan 143.340(7), Florida Statutes. '•Slum Ire$" Team an area in Knish Isere if a pre. oonminanCe of bullo.ngs Or lmp,"Cments. WhnMl rnloentla( Or nOMHldfntul, which by r On 91 011e Di GIVOn. Ones Oration, age or OOSDlncanahce Ina000W10 Provision for "ntlu- Hon, light, air, Sanitet.On, or Open spaces, nlgn SMSItY of PODUIatIPn and OMICrOwOmg. Inc ea- lstenCe Of Con0111On. whRh enpanae, Dtt or Pro V*I.Y by fife 0. other ceul". C, an. CA—.allnn a• tuC, redoes.,., CnnD.Clvr 10 „ nlaft•, Ltanf ml3flOn 01 015-051. Inure; nt Orla lR$, Ipyoni,e «Iln Outs Cy, Or Crime ano Is oelrmu lenl to the pwillIC health. Safety. morals Or wellSfe. 0) "11119m40 V40" mqm an 6104 In wni[h "far* are a Substantial number D1 Slum, dnerl. feared. or deteriorating structures antl COnoltlonS tMten-no&"ger If it Or property ay lire Or planer @bW" Or Oft Or more Of the fallowing f•CIOn taellCh SOOSlgm icily Impairs Or Stints the Sound Mowln Of a county or Tun l cloality antl .S a nter[SC. lip the public healtn. solely. morals, Or fealfare In 111 Pr"ant condition Inc life: F) FnO ominanee Of OafoCbve or inaoeq Wlt atreel layout; INS) Faulty 101 IDYOul in relation to silo, ad- boWty, 4eC"llblllty or usefuln"s: 0) Uneenn Sry Of unsafe con0ltionsl f" Oeleriotetion of site or Other Impfovr• (went!; to) Tax Or special aa$nsment dennouency av• heading In. fair value Of In* land: and if) diversity Of ownersnib Or defective Or un• �a04uuS1'Conditions Of title which Drevents trig free O&ib""Illty Of land within the oemrioratep O, 147a/ODu$ aura. !**tips 196.011(1). Florida Statutes . Failure 10 snake iDpOutlon by Much ; of anv vea, small eomitiute . waiver of me rxemptipn for tha, coal, Section 196.012114) ano (lid). Florioe Statutn, 00to) "now ausiness"means. 17) A Owingst, "tablrshmg 30 Or more to Ds to SMAO DY 10 DI more lull.lirrle .-play*" In FIM:Qa, whlCn monula Ctur", process,$. Gomm. Pounds, IaDfital es, p, p,.Ouces for sale items of tangioit personalDr.De,IV al a 1x 0location and wnicn CP,nprpn an ,nou$ ri&, C, manufaClunng A nl; nr STATUTORY DEFINITIONS (2) Any Ousinnt "taolnning 2$ or more IODI t0 employ 25 Or more Iu11.11m* employees In Florida, lam tales factor at Wmcn. as deline0 Dy $. 214 7113). for Inc lacillm with moon to wnicn It reauests an economic oewlopment a0 valorem tax eaemptiOn Is 1"1 than 0.50 for eetn Year the eaemotlon IS cialli or (3) Any Olhce speCe In F1P1104 Owned no 0 OY a Corporation newly pomluln, in FlOrioa DrVt10*P .ucr null* ;pace noufee 50 n mar; t ulnlmt !m OIOv!^.: M sue, cotD0,81.0 r••Ov, C• eD snot suCn DURna$1 0, omct hill begin, Opt'. elide On I $late clearly $*Pirelli from any Omer Commercial Or in Oustnal Oparet.Ons owned DY the Mere bullnns. 10) Any PuslnnS IOGC*0 In an area O"I9n4led a slum or bllgnseo area Pursuant to s. 163.355. For file outpost 01 INS Section, Ine terms slum area or bllgnl*d area shall me" the same maamng as in S. 163.340471 ano (5). (15) 11Eaoansion of A. *.filing Dullness" mass!: (0) A Ousin"s estao11tnong 30 Or more )at)% IO employ 10 or more full-time emoloyen in Florida, wnicn manufacture&• prdC"tee. COm- Pound$I fabricates, or d,oducas to, fat rICm3 at tangible Personal PrOPanY St a RaIC IOCSIIOn ano whlCn Compril" an inoull,ia, or nunutacl. .ring Plant; or (0) Any Du$lnns asla Dllsning 25 of more IObs e0 employ 25 Or more 1u11-Ilme employees in Florida. wnofe sales factor as oeflno0 Dy s. 2)4.7113) tar Inc facility with respect t0 wnicn it re0unts an economic 00v/100meni as val Oren, tax C.O.Olion n It" Inch 0.50 to, eacn year the exemption is cla.meC; PIOn0e0 that such bu.inell increase. operations pre a $Ile COIOcatad with a Commercial Or Indust. Fill Opatebon ownso by Ina "Me Dueness. Ie- lYlting in a net increase IAI employment of not loss loon 10 o"Gent Of an lncrease In pr,,uctl" DpIPWI Of not eels than 10 Percent. Secllvn 214.71(3), Florida Statutes • Soles Ft CIOr (3) Tn& Sal" IaCIOr is a fraction Inc numcf. a101 Of which IS the total Sales of Inc laxpa Yef In this stele Curing Ine taxable Year 01 Period ano the Denominator of wnicn ,S Ine total $ales of Ine Ica Payef lvCrywnue During the 18x601* year or period. Fail. Sales 0/ tangible MISonal Pro perlY are in IniS Stele ,t the PIODer Iy IS 09I1vare0 or snip. POO to a Purchaser witnin ems state, regardless of the I.O.D. OOme or otna, conditions 01 Mt MIS. 2. when Citrus fruit I$ Oe11Nre0 by a cooper. Stew for S growol- nrjpar, by a gr9wer-memoe- 10 a Cooperation, or sly a grower-perlicipenl to a Flor.pa orocnoor, Ing gain tenor tot SUM grow. oss for such Citrus IrWt Oolivned to such proles. sor Snail be the same as Inc "Ia& tact., to, ten MO" recent taxable year of trial oropnsof. Tnr: Mies IACIC•, exvr"leG 0m n a per,cenimat or- n .1 .n rem, or one ODltr volnmt M fern. )D , 10 Dialect Inc conhOmtulny at the sales of Ina processor, snail be twnilne0 On the r40u•Sf O- suCn a grower promptly oft*, It has been Oelty mines: for that taxable ygir. 3. 1141mbutsem4,11t at exp"Ises unoer an agency Contract between a cooperestist, a power -mein. bat OI a coOpereri", or a grower and a PrAtnsol will not at dee,ne0 a sale wilnin Ina state. 401 Sues Of a financial Organlaation. including, but not limited 10. banking ano savings institu• lions, Investment COMPanle$, mat "tale In"sl. Tent 11uSIS, and proMmgt ComDenin, Snail pe in Ines state Il Otrive0 from: 1. Fees. Commissions. or otntr compensation for financial Krv,ctl 1en0.100 within this st4lt- 2. Gross Profit$ from trading In st OCxl. PC— Of Other SOCurlll" nlana9e0 ..thin Ims lust 3. Inter"t and O. Cgnas tecei"o wilnin till, Cott: 4. Inter"1 Charged t0 Customen at Dtaces a - business maintained wdhIA this state for carryimf Debit balanC" Of margin aCcounts. witnOut Or- DUCUCn of any costs mcurrco in Carrying such a- counu;and 5. Any other gross mCOmt resulting tro^ lint OPOralinn IS a l,nan Ctel O,gan,catiOn wilnin inn Stale. in computing Inc amOU,u r"!tied t0 In tn.% paragraph. anv amOunl retched by a m moss a- M 41111uteC group toelermmoa under f e1504(a) of Ine Internal Rang— Coot, oul witnpul re- ference In whet ne, any such corooul,on Is an . 'Intl u Oable corporation" unoer S. 1504(b) OI :nt Internet Revenue Coot) &rpm amain*, Temper ill tuC0 group snail bt In Clucoo Only to file ex:en: such amount exceeds expgh$H of Ing Ieci Dlenl alfntly related to ere to. OO9Z SOW 1: Z 8 O moos U0 HOMMANNNUMMMI RESOLUTION NO. 03-258 A RESOLUTION ESTABLISHING APPLICATION PROCEDURES AND A REVISED PROPERTY TAX EXEMPTION ELIGIBILITY CHART AND PHASE OUT SCHEDULE FOR NEW OR EXPANDING BUSINESSES APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On Novembers, 2002, the voters in St. Lucie County approved a referendum --- authorizing the Board of County Commissioners to grant a local option economic ad valorem tax exemption. 2. On October 6,1992, this Board adopted Ordinance No. 92-24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Section 1-19.3-59 (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 an exemption pursuant to resolution of this Board. 3. On September 3, 2002, the Board adopted Resolution No. 02-196 establishing a property tax exemption eligibility chart and phase out schedule for new or expanding businesses. 1 H 4. The Board desires to adopt new application procedures and a revised eligibility chart and phase 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 Board hereby adopts the application 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 factors including, but not limited to, the following; business; a) The increase in local employment attributable to the new or expanding b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; business; c) The amount of capital investment purchased by the new or expanding d) The ability of the County to otherwise meet its total fiscal needs should the requested exemption be granted; q e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 3. The Board reserves the right to require a company receiving an ad valorem tax exemption from the County to refund the exemption amount with interest in the event the company closes the facility that was the subject of the exemption within f i f teen (15) years after the Board grants the exemption. 4. Resolution No. 02-196 is rescinded upon adoption of this resolution. 5. This Resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice Chairman Paula Lewis AYE Commissioner Doug Coward NAY Commissioner John Bruhn ABSENT Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 28th day of October, 2003. BOARD OF COUNTY COMMISSTO F ST. LUCIE COUNTY, F A/ 61�\ h 3 API BY: Ad Valorem Tax Exemption Program St. Lucie County 3/10/2009 The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed to assist economic development through exempting certain property taxes. First, to help determine if you qualify under this incentive program, you should read Section IV, "Do You Qualify for a Tax Exemption". If you have any questions about this program, including eligibility, or regarding the application process, please contact Michael Brillhart, Business and Concurrency Manager, at (772)462-6406. Table of Contents I. Program Intent II. Enactment Authority III. Definition of Terms IV. Qualification for Tax Exemption — "Do You Qualify for a Tax Exemption" V. Application for Exemption VI. Exemption Application Process VII. Contact Source for Assistance Attachments A. State Application, County Supplemental Application, Annual Report Forms B. Economic Development Ad Valorem Tax Exemption Ordinances: Ordinance #92-24 C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S. D. St. Lucie County Tax Exemption Guidelines 1. Program 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 ection 9 and Section 12 of Article VII, of the Florida State Constitution, of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to one hundred (100%) of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased after the date of the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property may not be considered to facilitate a business expansion. The exemptions may not apply to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined in Section III.E. and H. throughout the entire exemption period. The applicant will be required to submit a report on an annual basis to the County evidencing satisfaction of this condition. The annual report shall be submitted on the attached form. In addition, any business granted an exemption will furnish to the County or its designee such information as the County or its designee may reasonably require for the purpose of determining continued performance by the business of the conditions stated in the exemption ordinance and the representations made in the application. II. Enactment Authority Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995 Florida Statutes, empower the County to grant Economic Development Ad Valorem Tax Exemptions after the electors of the County, voting on the question in a referendum, authorize such exemptions. In a referendum held on this issue on November 5, 2002, the voters of St. Lucie County authorized the County to grant Economic Development Ad Valorem Tax Exemptions. This exemption program is applicable in all areas of St. Lucie County where the County is the taxing authority. The exemption applies only to taxes levied by St. Lucie County, where the County is the taxing authority. The exemption does not apply to taxes levied by the school district or water management district, fire district or to taxes levied by the voters for the payment of bonds or other special taxes authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida State Constitution. The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is entitled "Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie County, Florida". Resolution No. 03-258 provides additional guidelines for implementation of the Ad Valorem Tax Exemption Program. 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. Bonus exemption for emplovment of St Lucie County residents and St Lucie County contractors. 1. If a business can verify after the first year of exemption that sixty percent (60%) Year from the standard exemption as set forth on Attachment 1 2. If a business can verify after the first vear of exemption that eighty percent (80%) of its full-time employees have been St Lucie County residents for at least six (6) months prior to employment then the business shall be entitled to two additional year from the standard exemption as set forth on Attachment 1 3. If a business can verify that it used a licensed general contractor whose principal Place of business is located in St Lucie County to construct the improvements then the business shall be entitled to one additional year from the standard exemption as set forth on Attachment 1 €C. 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 director indirect. 6D. County — St. Lucie County. t3E. Department — The Florida Department of Revenue. €F. Expansion of an Existing Business: As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing Business means: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; (b) Any business establishing twenty-five (25) or more jobs to employ twenty- five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an Enterprise Zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprise Zones. G. Extraordinary as determined by St Lucie Board of County Commissioners - H. Improvements -= Physical changes made to raw land, and structures placed on or under the land surface. 91, New Business - As defined in Section 196.012(15), Florida Statutes, a new business means: A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or I 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. f J. Property within a Community Redevelopment Area (CRA) — Any property located within a CRA created pursuant to Section 163.330, et.seg. Florida Statutes where a portion of the County tax revenue will go directly to the CRA. d K. Real Property — Shall be defined in Section 192.001, Florida Statutes. L. Sales Factor — As defined in Section 220.15.(5), Florida Statutes, the sales factor is a Tr —action, the numerator of which is the total sales of the taxpayer in this State during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. M. State — State of Florida. M N. Tangible Personal Property — Shall be as defined in Section 192.001, Florida Statutes. r IV. Qualification for Tax Exemption "Do You Qualify for a Tax Exemption" Before completing an application, please read the following eligibility requirements that determine whether you qualify for a tax exemption under the "Economic Development Ad Valorem Tax Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92-24), A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie County and to expansion of businesses already situated in St. Lucie County. B. New or expanding businesses must make a positive contribution to the economy of St. Lucie County in terms of new jobs and improvements to real and personal property. C. Incentives are applicable to businesses of diverse industries with the exception of retail operations. D. Any and all exemptions granted must result in an economic benefit to the County, i.e., exemptions would support St. Lucie County and its existing businesses. E. The applicant must be a person, firm, partnership, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. F. New Business 1. As defined in Section 196.012.(15), Florida Statutes, a new Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty- five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or (d) A Business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). (e) Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same business. 7 G. Expansion of an Existing Business As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty- five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220,15(5)_Flori_d_a Statutes, -for _the -facility -with--respect-- to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an enterprise zone that increases operations on a site collocated within commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprises Zones. H. The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property shall not be considered to facilitate a business expansion. No exemption shall be granted for the land upon which new or expanding businesses are to be located. K. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business throughout the entire period. L. Any existing business in violation of any federal, State, or local law or regulation governing environmental matters is not eligible for an exemption. V. Application for Exemption A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must file with the County's Business and Concurrency Management 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 location of the new business or the expansion of an existing business; 2. A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvement and estimated -completion date; 3. A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased. 4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in Section III; 5. The following information: (a) anticipated total number of employees and new employees; (b) expected number of employees who will reside in St. Lucie County; (c) average wage of employees (excluding the top executive's salary); (d) type of Industry or business; (e) environmental impact of business; (f) anticipated volume of business or production; (9) whether relocation or expansion would occur without the exemption; (h) cost and demand for services; (i) source and supplies (local or otherwise); 0) whether business will be/is located in a community redevelopment area; 6. Other information deemed necessary by St. Lucie County. C. If a new Business or an Expansion of an Existing Business is locating in a Community Redevelopment Area, the Community Redevelopment Board shall be provided with a copy of the application for review and comment. Input from the Community Redevelopment Board will be considered in deciding whether an application is to be granted. Should the Community Redevelopment Board object to the granting of Tax Exemption, the agency may submit an objection in writing to the BOCC for its consideration. 9 VI. Exemption Application Process The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be filed with the St. Lucie County, Business and Concurrency Management 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. The County will take action on the final application, including the enactment of the required ordinance should the County decide to grant the exemption, within ninety (90) days from the date that a fully completed final application is accepted. During this 90-day period, interested agencies and parties will have an opportunity to review and comment on the application. To impact the November tax bill, the final application must be submitted by March 15'_of the same year. The -following steps -provide e-applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax Exemption process and requirements. Step 1: Preliminary Application Submittal: It is recommended that anyone contemplating whether to file an exemption application must first contact the County's Business and Concurrency Management 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 Preliminary Application to the County On behalf of the applicant, the representative of the company will submit one original of the State application, the County supplemental application, a one -page narrative describing the business, and appropriate attachments. The applicant will also submit a map identifying the location and configuration of the subject property with legal description. Step 3: Preliminary Eligibility and County Commission Resolution The County Business and Concurrency Management Division will accept and review the application for preliminary eligibility. The Business and Concurrency Management 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 Application: Upon receipt of the final application, the County Business and Concurrency Management Division will: (1) determine eligibility; (2) request the Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis; and (4) advertise for a public hearing to consider adopting an exemption ordinance on behalf of the business. Step 5: Review. Analysis and Recommendation of the Property Appraiser and GRDRD Within a 90 day period, copies of the application are to be reviewed by the St. Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's Office for review and comment. The Property Appraiser will review the application and provide in writing the fiscal impact of granting the exemption, sign the State application, and forward to St. Lucie County Business and Concurrency Management Division. As required by Florida Statute the Property Appraiser's report will include the following: 10 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 Business and Concurrency staff will conduct an economic impact analysis and forward its comments to the County Administrator. Step 6: Preparation of the Exemption Ordinance: The Business and Concurrency Management Division will forward to the County Attorney's Office for preparation of the Ordinance and for scheduling the exemption application and ordinance, including the report from the Property Appraiser, the economic impact analysis from the Business and Concurrency Management Division and the County staff recommendation to be considered by the St. Lucie County Board of Commissioners. After consideration of the application and the report of the Property Appraiser on the application, the County may choose to adopt an ordinance granting the exemption to a new or expanding business. If granted, the ordinance shall include the following information: The name and address of the new business or expansion of an existing business; 2. The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year, the total amount of the revenue lost to the County for the current fiscal year by virtue of exemptions currently in effect, and the estimated amount of revenue attributable to the exemption granted to the new or expanding business. 3. The expiration date of the exemption, which is no more than ten (10) years or less (depending on the duration of the exemption granted) from the date the County enacts the ordinance granting the exemption; and 4. A finding that the business meets the definition of a new business or of an expansion of an existing business as set forth in Section III. - - i • • o --�nt_ca".�. the rercenta a of exemption. See attached Program Guidelines for point calculation using number of jobs, hourly wage and investment. Then go to attachment Chart A which defines the exemption guidelines for determining the tax exemption percentage per year for property located outside a CRA area or Chart B is for property located within a CRA area. Property located outside a CRA area will have the tax exemption on both Real Property and Tangible Personal Property while a property located within a CRA area will have a tax exemption on Real Property Only. Note: These are guidelines only. Each exemption is determined on an individual case basis by the -Board of - ounty Commissioners. 12 VII. Contact Source for Assistance Exemption applications are available at the County at 2300 Virginia Avenue, Fort Pierce FL 34982. Inquiries on the tax exemption program will be handled by this County Division. However, the Property Appraiser's Office will handle inquiries that pertain to Property Appraiser information only. An applicant/agent who is trying to determine the viability of filing an application should contact St. Lucie County's Business and Concurrency Management. Division. St. Lucie County BOCC Business and Concurrency Management Division 2300 Virginia Avenue Fort Pierce FL 34982 (772)462-6406 (772)462-6431 Michael Brillhart, Business and Concurrency Manager 13 St Lucie County Ad Valorem Tax Exemption Program Program Guidelines New or Existing Business — Number of iobs created Points 25-49 5 (X) 50-99 7 100-199 9 200+ 10 These new jobs will be phased in on the following schedule: Year One after Effective Date % or a minimum_ of _jobs ear Two after Effective Date % or a minimum of —jobs Year Three after the Effective Date % or a minimum of _ jobs Note: Existing business must be a minimum of 10% increase in employees to qualify Average Hourlv Wage Rate for New Emnlovees Points Less than $14-08 13.72 per hour -4 90% of average - $44-.N 13.72 per hour 2 Average - $46:64 15.24 per hour 4 (X) 25% above the average - $19-56 19.73 per hour 6 50% above the average - $23.46 23.67 per hour 10 100% above the average -$34-.0 3 1.5 6 per hour 12 Capital Investment Points $150,000 — $1,000,000 2 $1,000,001-$5,000,000 4 (X) $5,000,001 and up 6 Scoring - see Attachment 1 Adjustment Consideration #l: The St Lucie County Commissioners may consider an individual or company documentation indicating that the business is going to be critical to attracting other key businesses of that industry cluster; in those incidences, program guidelines may be adjusted on a case -by -case basis. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. Updated 3/15/2011 14 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Business and Concurrency Management Division of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. I. Business Name: 9 3 4. 5. Mailing Address: city/zip. Name of person in charge or owner of Business: Telephone No.: (__) Fax No.: Location of Business (legal description and street address) of property for which this report is filed: Date Business opened or will open at this facility: a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Class or Item Age Date of purchase Original V alue Cost Taxpayer's Estimate of Condition Taxpayer's Estimate of Fair Market Good Avg. Poor 15 Appraiser's Use Only Condition b. Average Value of Inventory on hand: C. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [ ] 8. Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Professional [ ] Office [ ] Service j ] 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 only Everywhere from this facility — one (1) location only divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: a. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: SIGNED: (Taxpayer) TITLE SIGNED: 16 (Preparer) (Preparer) (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY I. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: Tangible Personal Property: I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], or Neither [ J. 6. Last year for which exemption my be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10-07-03 - H:IECONOMICWDVALOREMWPPLICATION 17 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities - that will - review the application. Please -provide -a -one —page -narrative- --- - ----------- - --- -- escribing 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). ?. Property Owner Name: Address: city/zip, Telephone No.: C__J Fax No.: 3. Authorized Agent: Address: city/zip Telephone No.: L_) Fax No.. �) 4. Type of Industry or Business: 5. Anticipated new capital investment as a result of expansion or relocation of Business: 6. New construction: New tangible personal property: Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): 7. This relocation or expansion would not occur without the exemption: Yes [ ] No[ ] 8. Source of supplies (local or otherwise): % source of supplies County: % source of supplies Florida: % source of supplies out -of -State: 9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ] Name of area: 18 I hereby confirm the information provided by the Boarof County Commissioners, Business and Concurrency Management Division, St. Lucie County,tFlorida, ford the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm that federal, State or local law, or regulation governing environmental matters: is not in violation of any DATE: SIGNED: SIGNED: (Taxpayer) TITLE: (Preparer) (Preparer) (Preparer's Telephone Number) BUSINESS AND CONCURRENCY MANAGEMENT DIVISION USE ONLY BCMD Economic Impact Analysis: Staff s recommendation: Date: Signed: 19 (print name and title) St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues ANNUAL REPORT Applicant Name: As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County Commissioners no later than January 31 of each year the exemption is desired. 2. usmess ame: -- - -- - - - Mailing Address: city/zip Name of person in charge or owner of Business: Telephone No.: (_ j Fax No.: Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was purchased: (Provide this information on State form DR-405 (Tangible Personal Property) b. Average Value of Inventory on hand: 7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ ] []Yes []No 8. Describe the Type or Nature of Your Business: 9 10 Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Office [ ] Service [ ] Other a. Number of new full-time employees employed in St. Lucie County, Florida: (1) Increase in productive output resulting from this expansion (2) Number of St. Lucie County residents employed (3) Total number of hours worked during calendar year of exemption 20 [ ] Professional (4) Total gross wages paid during calendar year of exemption (less the top executive's salary) (5) Number of employees prior to filing for an exemption _ 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility — one (1) location only Everywhere from this facility — one (1) location only divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: b. Date of incorporation in Florida: c. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. -I-agree-to-furnish-such-other reasonable information as the Board of County Commissioners, St, Lucie County, Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information for which he has any knowledge.) DATE: SIGNED: (Taxpayer) TITLE: SIGNED: (Preparer) (Preparer) (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 7. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt property otherwise been subject to taxation: 8. Estimate of the taxable value lost to the County: Improvements to real property: Tangible Personal Property: P My: DATE: SIGNED: (Property Appraiser) BUSINESS AND CONCURRENCY MANAGEMENT DIVISION USE ONLY Total number of employees: Current hourly wage: RETURN TO BE FILED NO LATER THAN JANUARY 31 10-28-03 - H:TCONOMICIADVALOREM\APPLICATION 21 0 e o 0 0 0 e\ o 0 0 m r Lo � O m } r N O CA o o e e a \ o o o O O O O O co O 0000 NN tf)Lc) Ln0 r co \\ o \\ o o \ o O O 0 Ile 0 CD O O O O O O O CD O N Cl) M In O U) O O ` } r Q) I o o 0 o o C) o o° o _-g IL m 000CV v. wv Q� 0 0 0 0 0 0 O C >- -- u>-�n-u�-o-o-o-- m - - ---- -- O m 1 d w o '-�ao -.e o Z .a 0 0 0 0 0 a Nv Ln�nu> LnN0000 w E = r r r H W C O) Q. N o o o 0 0 o o \ o \\\ cc_ 0ONvw wcoow p to 00LO 00000 O d 4 r r r 0 0 a a K c o o 0 0 o a r" W 0 m Nv co��ti� �' 0C>C)0000 c C } 0 r r r r r r m N z ° O O d C Cl) 0 0 0 0 0 00 O ° m Ln Co CO Go Co Go Co C O O CDCD O O O U -; a 0 r r r a Q 0 CD a C. 0 Qa x L°\n0000Ne oo m 000lo ol'� ° CD CD O O O y C V1 l0 1� O O O CA CD mO O O O 0 0 C O r r r r O m a j 10 1�6 O O O O O O O O O O O O O O X O Co O O O O O 41 Qd rtl W U � 0 C z° ° c U c a a° m ._ N N CO r N LO CO Vt ^ ~ r w~ N� OON cp ^ QN D7 i ch N N H t !0 t , U N t F- a r PUBLIC PARTNERS Roria: :ja! Iir...;ricersih; 3i.0 .ar.:I of C.orrme•ce BOARD OFF ADVISOR LEVEL Bpi.; arai WlEdical Center & 31. Luc:e Mecica•. Center. Health T.,rre: Rri--• - ;!i'i,!@ for Mo!ec:ra' Studies CHAIRMAN'S LEVEL Terpering. Inc 4a;r Rbr.rar_ii CentF!r ie.:'t:Ca;t %..-v;c:'.81 Bank VG LEADERSHIP LEVEL. A.559i ''por.::,tigts :n,. Ft f k A'Fa"I r. CORPORAL'@ LEVEL P. ....., : _ .. .... ,.any:... ���. W100fP31h~1GW February 28, 2011 Ms. Faye W. Outlaw, MPA County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Dear Faye: APR 2 2 2011 The Economic Development Council of St. Lucie County (EDC) requests the Board of County Commissioners move forward on a Job Growth Investment Grant (JGIG) 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 3021 Crossroads Parkway, Fort Pierce was contingent on receiving ad valorem tax abatement and a JGIG. J.J. Taylor committed to hiring 72 employees at an average hourly wage of $22.36 and $5,800,000 capital investment. JJ Taylor projections for hiring are as follows: Year one: 72 Year two: 72 Year three: 72 Year four: 72 Year five: 72 Construction for J.J. Taylor's facility began October 16, 2009 and they opened for business on May 31, 2010. J.J. Taylor invests in their employees, has a lean efficient operation and, we believe they will be a good community partner in St. Lucie County. The contact at J.J. Taylor's corporate office is: Ms. Karen Connelly Corporate Assistant Controller J.J. Taylor Companies, Inc. 655 N Highway Al A Jupiter, FL 334774579 (561) 354-29001 Karen—Connelly@JJTaylor.com 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. Sincerely, a P ton Presi nt 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986 (772) 879-4144 Office • (772) 879-7477 Fax - contact@YourEDC.com f www.YourEDC.com m r St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Grants Resource/Disaster Recovery Department of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name: J.J Taylor Distributing Florida, Inc. Mailing Address: 655 North AIA City/zip Jupiter, FL 33477 2. Name of person in charge or owner of Business: John J . Taylor, III Telephone No.: 5C 6i 354-2900 Fax No.: S( 61 ) 354-2999 3. Location of Business (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: May 31, 2010 5. a. Description of the improvements to real property for which this exemption is requested: Constructed 24,658 sf Warehouse/Office/Distribution facility on 3 lots totaling 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: Class or Item Age g Date of Purchase Original Value Cost a pmates of Condition Taxpayer's Estimate of Fair Market Appraiser's Use Only Good Avg. Poor Condition Please see attached personal prop rty tax for R-4 5 Updated 03.10.2009 14 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 Personal 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 Nature of Your Business: Malt Beverage Wholesaler 9. Trade Level (check as many as apply): [X] Wholesale [ ] Manufacturing [X] Office [X] Service [ J 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 ) Professional 68 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 incorporation in Florida: a. Number of full-time employees at this location: 68 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) _ DATE: Februaryf25, 2011 SIGNED: (Preparer) ci SIGNED: axpayer) Henri J. DesPlaines TITLE: Executive V.P./CFO 15 Updated 03.10.2009 Karen A. Connelly (Preparer) 561-354-2900 (Preparer's Telephone Number) PROPERTY APPRAISER'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 current fiscal year by virtue of exemptions previously granted under this section: _ $36,409.87 ad -valorem $122 522 14 TPP 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: $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: Improvements 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 196.012 (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: 2015 DATE: 419, 0� 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 Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: J.J. Taylor Distributing Florida, Inc 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. l . Length of exemption requested is a total of 9 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: J.J. Taylor Distibuting Florida, Inc./Alcal Ft Pierce LLC (affiliates Address: 655 North AIA city/zip Jupiter, FL 33477 Telephone No.: 561) 354-2900 Fax 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 new capital investment as a result of expansion or relocation 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 would not occur without the exemption: Yes [ ] No [x] 8. Source of supplies (local or otherwise): % source of supplies County: 2 % source of supplies Florida: % source of supplies out -of -State: 4 9. Business is/will be located in a community redevelopment area: Yes [ ] No [x] Name of area: Updated 03.10.2009 17 I hereby confirm the information provided by J.J. Taylor Distributing Florida indv the Board of County Commissioners, Grants Resource/Disaster Recovery Department, St. Lucie County, Florida, for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm thatJ.J. Taylor Distributing Florida Inc is not in violation of any federal, State or local law, or regulation governing environmental matters: DATE: February f 5, 2011 SIGNED: rep SIGNED: Karen A. Connelly axp er (Preparer) Hen i J. DesPlaines TITLE: Executive V.P./CFO 561-354-2900 (Preparer's Telephone Number) GRANTS RESOURCE/DISASTER RECOVERY DEPARTMENT (GRDRD) USE ONLY GRDRD Economic Impact Analysis: Staff s recommendation: Date: Signed: (print name and title) 18 Updated 03.10.2009 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues ANNUAL REPORT Applicant Name: J.J. Taylor Distributing Florida, Inc 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. I. -Business _Name:_. J.J._ Taylor -Distributing Florida, Inc. - PA 3. Mailing Address: 655 North AIA city/zip Jupiter, FL 33477 Name of person in charge or owner of Business: Joun J . Taylor III Telephone No.: 5( 61� 354-2900 Fax No.: 5( 61) 354-2999 Location of Business (legal description and street address) of property for which this report is filed: 3021 Crossroads Parkway, 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/Distribution facilty on 3 lots totaling 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 purchased: (Provide this information on State form DR-40.5 (Tangible Personal Property) b. Average Value of Inventory on hand: $250,000 per day 7. Have you maintained the definition of a "New Business" [x] or an "Exemption of an Existing Business" [ ] [X] Yes [ ] No 8. Describe the Type or Nature of Your Business: Malt Beverage Wholesaler 9. Trade Level (check as many as apply): [X] Wholesale [ ] Manufacturing [ ] Professional 10 [x] Office [x] Service [ ] Other a. Number of new full-time employees employed in St. Lucie County, Florida: (1) Increase in productive output resulting from this expansion 100 (2) (3) Number of St. Lucie County residents employed 55 Total number of hours worked during calendar year of exemption 151,400 Updated 03.10.2009 19 (4) Total gross wages paid during calendar year of exemption (less the top executive's salary) (5) Number of employees prior to filing for an exemption $2,865,241 . 0 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility one (1) location only$30, 304, 894 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: b. Date of incorporation in Florida: c. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. _ I agree to furnish such other reasonable_ information -as _the -Board -of - County -Commissioners,—StLucie-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 A 25 2011 SIGNED: Prepare SIGNED: Karen A. Connell Tax a err ( p ) Henri J. pDes aines Pre arer TITLE: Executive V.P./CFO 561-354-2400 (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 7. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt property otherwise been subject to taxation: $8,199.99 8. Estimate of the taxable value lost to the County: Improvements to real property: 824, 200 Tangible Personal Property: 269,875 DATE: SIGNED: (Property Appraiser) GRANTS RESOURCE/DISASTER RECOVERY DEPARTMENT (GRDRD) USE ONLY Total number of employees: Current hourly wage: RETURN TO BE FILED NO LATER THAN JANUARY 31 Updated 03.10.2009 20 o 0* 0 � o o \�� t- 0 a000000 000 0 ,, en W) o Fz (E r N � a 0 000Q--!Zo-o .ono A O O O o O N N 0 0 0 0 a7 � to eS� O r co o o \\ o o 0 0 0 0 0 0 0 0 0 0 0 0 N M cr) Lo Lo lA O O } r T C. U o r• eo 0 0 0 0 0 CL L. o 0 0 0 0 0 0 0 00 0 0 o O Nv vv tn(nin0o0 m N O O ORO O O p O O O O O O y 0 0 0 0 0 0 0 0 0 0 0 0 0 V) ro N d en Lo en U') en 0 0 0 0 V E C r r r r co d y O 0 0 0 0 0 0 o L d o 0 0 0 0 0 o 0 o o 0 0 o o V n. O. 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I I 'I pg.O 200 O iV O O O 2300 Virginia Ave. Roo 1107 Ft. Pierce FL 34982-5698 772-462-1035 www.paslc.org DBA: J J Taylor Distributing Florid Acct Number: 030457 Real Prop. ID: 2431-244-0025.000-1 Location: 5020 GLADES CUT OFF RD Idliljiuits rwsunai rruperty tax rielurn Confidential §§193.074 F.S. 2010 As Required by §§193.o52 & 193.062 F.S. Return to County Property Appraiser By April 1 to Avoid Penaltie State of Florida, County of St. Lucie Business Name (DBA - Doing Business As) and Mailing Address J J TAYLOR DISTRIBUTING FLORID 2- 263 %MANUEL PORTUANDO 655 N HIGHWAY AIA JUPITER FL 33477-4579 IIIII it llllllll ll lr llrlll llll lnl1lllI IIIIIIII)I IIIIII IIIII Spreadsheets and signed DR-405's may be emailed to tpp@pasic.org Federal Employer Iden. No ©— :I' % 10101q S� NAICS/SIC It name and address is incorrect make necessary corrections This return subject to audit with as records kept by you. S. Date you began bu$ftw In this courtly: im tioo0 Flscel year. 11 131 ao 09 . IneomPW0 entries are subled In penaniec Ra. A tough my fiscal year ended prior b December 31 of the pa51 calendar year tht9 retum retecis property additions and deletions through December 31. Yes_ No_//1� 1.- - Please 9W name and telephone number of Owner or Person In charge of fink Business. 8. Oescr e - A6V 6—A AG E W% 0 i E-S 4 1 E 6. Nature of Your Bu51ne5s: �4'� Name M.rfNU.EI- POi2'I"LbDWI)Q �%„��(9- 13"] Corporete Name 15"'5. I-14`1(DR i) L srRI�S Itffi-G r-LOP-115A T�fjc' 7. Trade Level tCheck as many as a") Rata9 O W hoksa4 Manulectu" a 2. Actual Physical Location of Property for Which Us Realm is Filed (street Address - Not P.O. am, Prolessior w D Se Were O Agriculture Q LeashngrRental ❑ Other 5o20 GLA665 GuT �FF/l �A-D � Wg( rc� (-t,3'��// ,s 1 � 6. Did you 1114 a Tangible Personal Properly Return in this county lazl Year? Yes!No—. 3. Is your baseness or farm located wilhn the frcorporaled knits or a Mr. Yes_ No_ t so, under what name and where? What City? --r-r Pi E AC-6 4. Do You Rie a Tangll* Personal Property Tax Refu m Under Any Other Name? Yee_ NoZC 9. Formal owner of the Business: Please Show name Exactly as it Appeared on Your moss recent Personal Property Tax 911 or 92. If Business sold, to wlwm? Other Current Tax Realm. Dale Sold Personal Property Summary Taxpayer's Estimate of Original Appraiser's THIS IS A SUMMARY SCHEDULE ONLY. The Schedules on the REVERSE SIDE Fair Market Value Installed Use only must be cornplelad In dend etall aTOTALS entered balow. ATTACH ITEMIZED LIST or DEPRECI TPDN SCHFDIII F glowing Odgi ai Cast A Date of Acquisition. CG1OSt 10. Office Fumirure A Office Maehbes A Library �-hh aci O o o a(,S 1 -7 11. EDP Equipment. Computers, Word Processors / Q 000 t 1 O t .t- - 12. Store, Bar & Lounge, and Restaurant Furniture A Equipment, Etc. 13. Machinery and Manufacturing Equipment 9 O �^t 1 AO ( S 14. Farm, Grove, and Dairy Equornenl 16. Professional, Medcal, Dental & Laboratory Equipment 16. Hotel, Motel, & AparlmerM Complex 16a.Rental Units • Shout, RON., FurNaue. Drapes A Appliances 17. Moble Home Attachments (Carport, in" 1116g., Cabana, Porch, Etc.) 19. Service Station & eufiw Plant Equipment • Undergroud Tanks, Ln6, Toots 19. Signs - Billboard. Poke. Wall, Portable. Directional, Etc. 20. Leavehold Ir prevemwnns MuSl be 9rmped by type, year of Installation and dhucdplion a Q o 0 0 21. Pok9lon Control Equipment 22. EgWnant owned by you but rented. teased or held by antis 23. Supplies - Not Held for Resele 24, Other - Please SPedfy TOTAL PERSONAL PROPERTY O Under penletfies of perjury. I declare that 1 have read the foregoing tax relum and tM LESS EXEMPTION: ( ) WIDOW ( ) WIDOWER ( ) BLIND accompanying schedules and sfaternenfo and that the facts elated In them are true, if ( ) TOTAL DISABILITY ( ) OTHER Prepared by someone outer then 121e laxpger, the Ohio— sign[" this return confines that Taxable value this declaration 1s based on at Irdorrnatim of which hafahe has any kno 14""' DATE C Deputy Penalty SIGN Please sign and date your return, send the original to the county (TAXPAYER) appraiser's office by April 1, unsigned returns cannot be accepted SIGNED by the appraiser's office. Notice: If you are entitled to a widows, widower's or disability ADDRESS � A I 'T / / � T � PHONE NO.,ipl — -]�-'{ " OZ V�J PREPARER'S I.D. a exemption on personal property (not alreadyclaimed on real estate consult appraiser. Schedules on Reverse Side must be completed in Full. DR-40.5 R. 11/01 ASSETS PHYSICALLY REMOVED DURIN.,. ASTYEAR V J Retired, SOW, Traded, Etc. Properly fuOy deprecyalea but aonlinmV in service must be reported on the schedules below YEAR TAXPAYERS EST OF DESCRIPTION AGE ACO FAIR MKT VALUE ORIGINAL INSTALLED COST W4ao w106tu- AJ'AjTr4 a o08 s-00 2)3 rI<� LEASED, LOANED, AND RENTED EQUIPMENT - YEAR RENT PURCHASE Please complete if you hold equipment belonging 10 others. SE YEAR OF PER RETAIL INSTALLED OPTION NAME AND ADDRESS OF OWNER OR LESSOR DESCRIPTION ACQUIRED MFG MONTH COST NEW YES N LINE f Enter Applicable Line Number (10.24) From Page 1 TAXPAYERS TAXPAYERS ESTIMATE OF ESTIMATE OF Coneton ORIGINAL YEAR FAIR MARKET a INSTALLED DESCRIPTION OF ITEM AGE PURCHASED VALUE a COST APPRAISER'S USE ONLY Corberon DFFICE ��U(a��N- aoog API-0 X G 9-7 Enter TOTALS on Front - Continue on Separate Sheet If necessary a LINE Enter Applicable Line Number (10.24) From Pape 1 DESCRIPTION OF ITEM AGE C- C)0 0 000 X1 1 r 6. 1 z 2 EnIerTOTALS on Front - Continue on Separate Sheet M Necessary '710 OLIO / i q 1')-2— LINE 0 Enter Applicable Line Number (1"4) From Pape 1 DESCRIPTION OF ITEM AGE AL•I4(.)wIRjNfG PAIH'r Re -Ka A 9,008 ao ono Enter TOTALS on Front - Continue on Separate Sheet 0 Necessary D o0 LINE 22 EQUIPMENT OWNED BY YOU BUT RENTED. LEASED. OR HELD BY OTHERS WPAYER'S TAXMYER S ' ESTIMATE OF FSTMAATE OF cawsion NAMFJADDRESS OF LESSEE YEAR PER ¢ FAIR MARKET yy RETAIL INSULIEC LEASE NO. ACTUAL PHYSICAL LOCATION DESCRIPTION AGE PURCHASED MONTH H VALUE O $ COST NEW ra�acl�rnI01LrALL1 tlt:MVVLL JUHINGLAST YEAR Progeny busy degrenaled service continuing to sece trust be teWled on the schEdules below YEAR TAXFAYERSS EST OF DESCRIPTION AGE ACO FAIRMKTVALUE ORIGINALINSTALLED COST Refired,Soid,Traded,Elc. LEASED, LOANED, AND RENTED EQUIPMENT - LEASE Please complete I you hold equipment being to others. YEAR YEAR RENT PER RETAIL INSTALLED PURCHAS NAME AND ADDRESS OF OWNER OR LESSOR DESCRIPTION ACQUIRED MFG MONTH COST NEW YES PTION LINE Enter Applicable Line Number (10.24) from Pape 1 TAXPAYERS TAXAYE ESTIMATE OF ESTIMATE OF ConMm ORIGINAL YEAR FAIR MARKET n INSTALLED DESCRIPTION OF ITEM AGE PURCHASED VALUE o° i COST WAA(54ou46 r_ioome rr deo8(00 00o X APPRAISER'S USE ONLY Condition Wf�RertoLcsE E uIPME;/v� ( aoU9 3 9, aoSl Enter TOTALS on Front-- Continue on Separate Shea N Necessary LINE Enter Applicable Line Number (10.24) From Pape 1 DESCRIPTION OF ITEM AGE Enter TOTALS on front • Continue on Separate Shed It Necessary LINE Enter Applicable Line Number 110.24) From Pape 1 DESCRIPTION OF ITEM AGE Enter TOTALS on Front - Continue on Separate Sheet K Necessary LINE ,g EQUIPMENT OWNED BY YOU BUT RENTED. LEASED. OR HELD BY OTHERS TAXPAYERS TAXRIYER'S E RENT ESTIMATE OF Ce�„p�pm NAME/ADDRESS OF LESSEE YEAR PER ¢ FAIR MARKET LEASE NO ACTUAL PHYSICAL LOCATION DESCRIPTION w RETAIL INSTALLEC AGE PURCHASED MONTH t- VALUE v < COST NEW 2009 J. J. Taylor Companies, In Property Tax - Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = Internal PT Acq Current Year Current Year Current Year Current Year Sys No EXt Date Beginning Cost Acquisitions Transfers -In Transfers -Out Dispositions Ending Cost G1L Asset Acct No = 01-1405 Acgtds&M Date= 2008 <No Categoiy Setecte6 Acquisition Year End =1212008 005856 Plane System (tor Treasure Coast) iDCS100 equipped w124 digital phones 000 0613012008 S 17,596.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 17,596.00 OOSB69 De112400MPDLPProjector (for Treasure Coast) ODD 0611312008 1,058.94 0.00 0.00 0.00 0.00 1,058.94 005870 Time Clock - HP-4000 HandPunch 4000 and HP-ETH HandPunch Ethernet Module 000 06102008 2,460.00 0.00 0.00 0.00 0.00 2,460.00 006023 Jelscan 4068 (Money Counter Machine) - sIn:14068642008121 (Cummins -Allison) 000 0810112408 3,040.59 0.00 0.00 0.00 0.00 3,040.59 006028 Remote Deposit Scanner for Treasure Coast (BOA) 000 0713lr2008 1,063.94 0.00 0.00 0.00 0.00 1,063.94 006160 Used Safe (for Treasure Coast) (John A. Koons Locksmiths) 000 11101008 1,378.00 0.00 0.00 0,00 0.00 1,37800 Acquisition Year End=12t2008 $ 26,597.47 $ 0.00 $ 0.00 $ 0.D0 $ 0.00 S 26b97.47 Count = 6 <NOcateg"Selected> $ 26,597.47 $ 0,00 $ 0.00 $ 0.00 $ 0,00 $ 26597A7 Count = 6 Acgidstian Date = 2008 $ 26.597.47 $ 0.00 $.0.00 $ 0.00 $ 0.00 $ 26,597.47 Count = 6 GIL Asset Acd No = 01.1405 $ 26,597A7 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 26,597.47 Count = 6 GIL Asset Acct No = 01.1420 AcgcasNonDate =2008 <NoCategaySelected> Acquisition Year End =1212008 005943 Camera System for Treasure Coast (Fargo C30) (CDW Direct) OW OVVJ2008 $ t,658.30 $ 0.00 $ 0,00 $ 0.00 $ 0.00 $ 1,658.30 005861 Dell Quad Core Xeon E5430 Processor - sln: GOW2GG 1 (for Treasure Coast) 000 0611012008 4,680.01 0.00 0.00 0,00 0.00 4,680.01 005862 Dell Quad Coto XeonE5430Processor -sln:5MU2GG1(for Treasure Coast) 000 06110t2008 4,680.02 O.OD 0.00 0.00 0.00 4.680.02 005865 Dell 4210RackJSwitch/Keyboard(Syr Rack for Treas.Coasl}stn:HJ70FG188DNN7F1 000 06M612008 3,357.30 0.00 0.00 0.00 0.00 3,357.30 OW71 Dell XPS Laptop (for Treasure Coast) -sin: 3MSSLFI 000 06r25►200a B60,74 0.00 0.00 D.00 0.00 860.74 OW72 Dell XPS Laptop (for Treasure Coast) - sin: DLSSLF1 000 W2512008 860.74 0.00 0.00 0.00 0.00 860.74 OM76 MC70 Wireless Enterprise Digital Assistant (Handheld}sM: S7327520801021 000 06111120M 1.662.42 0.00 0.00 0.00 0.00 1,662.42 005877 MC70 Wireless Enlerprse Digital Assistant (Handheld}sln: S8018520805075 000 061111200E 1,662A2 0.00 0.00 0.00 0.00 1,662A2 005878 MC70 Wireless Enterprise Dig9al Assistant (Handheld}sln: S8018520805108 000 061111200E 1,662A2 0.00 0.00 0.00 0.00 1,662.42 005879 MC70 wireless Enterprise Digital Assistant (Handhel*sln: S8016520805114 March 18, 2010 at 4:05 PM Page f 2009 J. J. Taylor Companies, In Property Tax - Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = Internal PT Acq Current Year Current Year Current Year Current Year Sys No Ext Date Beginning Cost Acquisitions Transfers -In Transfers -Out Dispositions Ending Cost K Asset Acct No = 01-1420 AcgrdsidwrDate =M 40CaleMSe%cted, Acquisition Year End=1212008 000 0611112008 1,662.42 0.00 0.00 0.00 O.DO 1,662.42 005NO MC70 Wireless Enterprise Digital Assistant (Handheld}sln: S8018520805117 000 0611112008 1,662A2 0.00 0.00 0.00 O.DO 1,662A2 005881 MC70 Wireless Enterprse Digital Assistant (Handheldys/n: S8018520805131 000 06/1112008 1,662.42 0.00 0.00 0.00 0.00 1,562.42 005882 MC70 Wireless Enterprise Digital Assistant (Handheld}sln: S8018520805143 000 06/11/20GB 1,662.42 0.00 - 0.00 0.00 0.00 1,66242 005883 MC70 Wireless Enterprise Digital Assistant (Handheld)-sln: S8018520805171 000 06111/2008 1,662.42 0.00 0.00 D.00 0.00 1.662.42 005884 MUD Wireless Enterprise Digital Assistant (Handhek*stn: S8018520805172 000 0611112046 1,662.42 0.00 0.00 0.00 Ox 1,662.42 005885 MC70 Wireless Enterprise Digital Assistant (Handheld}s/n: S801852DB05174 000 06/11/2008 1,66242 0.00 0.00 0.00 0.00 1,662.42 D05886 MC70 Wireless Enterprise Digital Assistant (Handheld}s1n: S8018520805175 000 06111r2008 1,66243 0.00 0.00 0.00 0.00 1,66243 005887 MC70 Wireless Enterprise Digital Assistant (Handheld}s/n: S80185208052(A 000 06/11/2008 1,652A3 0.00 0.00 0.00 0.OD 1,662.43 00588E MUD Wireless Enterprise Digital Assistant (Handheld)-sln: SM2452080M 000 06111/2008 1,66243 0.00 0.00 0.00 0.00 1,662.43 005889 MC70 Wireless Enterprise Digital Assistant (Handheldhsln: S80245208DO869 000 (16/1112008 1,652.43 0.00 0.00 0.00 0.00 1,662A3 00589D MC70 Wireless Enterprise Digital Assistant (Handheld)-sln: S8024520M75 000 06111/2008 1,662.43 0.00 0.00 0.00 0.00 1,662.43 005891 MC70xxCharging Holsted12VCigarette Lighter Adapters (19) 000 06/0112008 4,406.26 0.00 0.00 0.00 0.00 4,406.26 DD5892 Cradle Kits -4 Slot w/Power Supply (5) and Kit: Crdl;1$lot w/PS (2) 000 osmi/2006 2,074.73 0.00 0.00 0.00 0.00 2,074.73 005893 MOO Wireless Terminal - sln: S803I OD0501983 000 06/Ot12068 1,839.19 0.00 0.00 O.Do 0.00 1,839.19 005894 MC9090 Wireless Terminal - sln: S8031000501984 ODO 0610112008 1,939.19 O.DO 0.00 0.00 O.DD 1,839.19 005895 MC9090 Wireless Terminal - s/n: S8031000501965 ODO D610112008 1,839.19 0.00 0.00 0.00 0.00 1,839.19 OOS896 MC9090 Wireless Terminal -sin: S8031DWS01990 000 06/01r2008 1,839.19 O.DO 0.00 0.00 O.DO 1,639.19 005897 MC9090 Wireless Terminal - sln: S803ID00501992 000 06101/2008 1,839.19 0.00 0.00 0.00 0.00 1,839.19 005898 MC9D90 Wireless Terminal - sin: S8031000501995 000 06101=8 1,839.19 0.00 0.00 0.00 0.00 1,839.19 005899 MC9090 Wireless Terminal - s1n: S8085DD0501508 000 06101/2008 1,839.19 0.00 0.00 O.DO 0.00 1,839.19 005900 MC9090 Wireless Terminal - sin: S80850DO501512 COO 061011200E 1,839.19 0.00 0.00 0.00 0.00 1,839.19 005901 MOO Wireless Terminal • sln: S6085000501515 000 0510112008 1,839.19 0.00 0.00 0.00 0.00 1,839.19 D05902 MC9090 Wireless Terminal - sln: S8085MOI520 Goo 06101/20DB 1,839.19 0.00 0.00 0.00 0.00 1,839.19 005903 MC9090 Wireless Terminal • sin: S8005000501526 D00 O610112DO8 1,839.19 0.00 OR 0.00 0.00 1,839.19 March 16, 201Dal 4:05 PM Page 2 2009 J. J. Taylor Companies, In Property Tax - Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = internal PT Aoq Current Year Current Year Current Year Current Year Sys No Exl Date Beginning Cost Acquisitions Transfers -In Transfers -out Disposi8ons Ending Cost G1L Asset Acct No = 01.1420 Acgt&iffmDais 3 2008 <NoCatepySelecto6 Acquisition Year -End =12=8 005904 MC9090WiirelessTennina!-sIn:S8085000501531 000 06/0112008 1,839.19 0.00 0.00 0.00 0.00 i,839.19 005905 MG909O Wireless Terminal - sln: S8085000501534 000 ON0112008 1.839.19 0.00 0.00 0.00 0.00 149.19 005906 MC9090 Wireless Terminal - s1n: S8091000502162 ODO 06/0112008 1,839.19 0.00 0.00 0.00 0.00 1.0.19 -005907- MC9090 Wireless Terming! - sln: SBO91000502165 000 06(olr2008 1,839.19 0.00 0,00 0.00 0.00 1,839.19 005908 MC9M Wireless Terdnal - s1n: S8091000502167 000 06101/2008 1,839.19 0.00 0.00 0.00 0.00 1,839.19 005909 MG9090Wireless Temlinal-s1n:S8091000502169 000 0610112006 1,839.19 0.00 0.00 0.00 0.00 1.839.19 005910 MC9090 Wireless Tenninal - s1n: S8091 M02170 000 06101=8 1,839.19 0.00 0.00 0.00 0.03 1,839.19 005911 MC9090Wireless Terminal-s1n:S8D91000502172 000 DW11200B 1,839.19 0.00 0.00 0.00 0.00 149.19 005912 MC9090 Wireless Tennirial - s1n: S8091000502164 000 06101=8 1,839.26 0.00 0.00 0.00 0.00 1,839.26 005913 RW420 Mobile Printer 4' - sh XXRCOB• 17.5213 000 0610112006 913.21 0.00 0.00 0.00 0.00 913.21 005914 RW420 Mobile Printer 4' - sln: XXRC08.17.5221 000 0610112008 913.21 0.00 0.00 0.00 0.00 913.21 005915 RW420 Mobile Pdnter4' - sin: XXRCOB-17.5227 000 06J01r2008 913.21 0.00 0.06 0.00 0.00 913.21 005916 RW420Mobile Printer 4'-sfn:XXRC08.17.5228 ODO 06101/2008 913.21 0.00 0.00 0.00 0.00 913.21 005917 RW420 Mobile Printer 4' - s1n: XXRC08.17-5230 000 06101/2008 913.21 0.00 0.00 0,00 0.00 913.21 005918 RW420 Mobile Printer 4'. s1n: XXRC08.17.5236 000 06/0112MB 913.21 0.00 0.00 DO 0.00 91321 005919 RW420 Mobile Printer 4'- s1n: XXRC08.18.5237 ON 0610112008 913.21 0.00 0,00 OR 0.00 913.21 005920 RW420 Mobile Printer 4' - sln: XXRCOB-18.523E 000 06/01/20DB 913.21 0.00 0.00 0.00 913.21 0.00 005921 RW420 Mobile Printer 4' - sin: XXRC08.18-5263 000 06I0112008 913.21 0.00 0.00 0.00 0.00 913.21 005922 RW420 Mobie Printer 4' - sln: XXRCOB-18.5278 000 W01/20DB 913.21 0.00 0.00 0.00 0.00 91321 005923 RW420 Mobile Printer 4' - sin: XXRCOB-18.5280 000 0610112MB 913.21 0.00 DO 0.00 0.00 913.21 005924 RW420 Motile Printer 4' - s1n: XXRCOO-18.5281 000 06101/2008 913.21 0.00 0.00 0.00 0.00 913.21 005925 RW420 Mobile Pdnler4' - s1n: XXRCOB-18-5283 000 0610112008 913.21 0.00 0.DO 0.00 0.00 913.21 005926 RW420 Mobile Printer 4' - s1n: XXRC08-18.52B6 000 06101t2008 913.21 0.00 0,00 0.00 0.00 91321 005927 RW420 Mobile Printer4' - s1n: XXRC08-18.5288 000 061011200e 913.21 0.00 0,00 0.00 0.00 913.21 W5928 RW420 Mobile Printer 4' - s1n: XXRCOO-18.5289 March 18, 2010 at 4:05 PM Page 3 2009 J. J. Taylor Companies, In Property Tax • Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = Internal PT Acq Current Year Current Year Current Year Current Year Sys No Ext Date BeainningCost Acquisitions Transfers -In Transfers -Out , DisposiV_ons�Ending Cost GIL Asset Accl No = 01.1420 Acgrd0onDale=200B <NoCalagoy8e/etled> Acquisition Year End=12/2048 000 06/Oirm 913.21 0.00 0.00 0.00 0.00 913.21 M929 RW420 Mobile Pdnler 4' • stn: XXRC08.19.5009 000 06/01/2008 913.21 0.00 0.00 DO 0.00 9 13.2 1 005930 RW420 Mobile Printer 4' - sin: XXRCO8.19.5018 000 06101/2008 913.21 0.00 0.00 0.00 0.00 913.21 D05931 RW420 Mobile Printer 4' - sin: XXRCO8.19.5033 000 06/01/2008 913.25_ _ 0.00 _ 0.00_ _ _ 0.00 -- ODD - 91321 005932 RW420 Mobile Printer 4' - sln: XXRCDB-19.5051 000 00112008 913.28 0.00 0.00 0.00 0.00 91328 005933 MC9090 Wireless Gun Terminal - UP.: SBD99000505633 000 06101/2008 1,819.00 0.00 0.00 0.00 0.00 1,819.00 006017 MC70 Wireless Enterprise Digital Assistanl - sh: S8148520800137 000 07/0112008 1,663.31 0.00 0.00 0.00 0.00 1,663.31 006018 MC70 Wireless Enterprise Digital Assistant - sin: S8148520800143 000 07/01rM 1.663.31 0.00 0.00 0.00 0.00 1,663.31 006019 MC70 Wireless Enterprise Digital Assistant - s1n: S8148520800153 000 07/01/2008 1,663.32 0.00 0.00 0.00 0.00 1,663.32 006020 MC70 Wireless Enterprise Digital Assistant - s1n: S814852MI54 000 07/01/2008 1,663.32 0.00 0.00 0.00 0.00 1,663.32 Acquisition Year End =12/2008 $ 111,034.85 $ 0.00 $ 0.00 $ 0.00 $ 913.21 $ 110,121.64 Count = 68 <NoCaf MSalado& $ 111,034.85 $ 0.00 $ 0.00 $ 0.00 $ 913.21 $ 110,121.64 Count = 6B AgVslWalDate =2UPB $ 111,034.85 $ 0.00 $ 0.00 $ 0.00 $ 913.21 $ 110,121.64 Count = 68 G/L Asset Acct No = Dl-1420 $ 111.034.85 $ 0.00 $ 0.00 $ 0.00 $ 913.21 $ 110,121.64 Count = 68 GA -Asset Acct No = 01.1421 Acr/mV96a Dale = 2W <NnCalegoySeled/ed> Acquisition Year End=1212008 OD5652 eoStar Mobile Licenses (35) (for FL Treasure Coast) (Rutherford 8 Assoc.) OW 06103/2008 $ 72,983.75 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 72,983.75 00593 Software -Dell Quad Core Xeon E5430 Processor - sin: 5MV2G�xY#or Treasure Coast 000 06/10/2008 00 0.00 0 0.00 0.00 O.00 1,560.00 005864 Software- Dell Quad Core Xeon E543O Processor • 12GG 1(for Treasure Caas 000 06110/2008 1,560.01 0.00 0.00 0.00 0.00 1,550.01 M5873 Software -Dell XPS Laptop (for Treasure asi) - sln: 3MSSLF 1 000 06125/200B 200.00 0.00 0.00 0.00 0.00 200.00 OW75 Software - Dell XPS Laptop (f reasure Coast) - s1n: DLSSLFI 000 06125I2008 200.00 0.00 0.00 0.00 0.00 200.00 006016 SecondSileUcen CAFSP•2NDSITEB.5)(DigitalMediaWhse.) 000 07ro1 2,750.27 0.00 0.00 0.00 0.00 2,750.27 March 18, 2010 at 05 PM Page 4 2009 J. J, Taylor Companies, In Property Tax - Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = Internal PT Acq Current Year Current Year Current Year Current Year Sys No Ext Date Beginning Cost Acquisitions Transfers -In Transfers -Out Dispositions Ending Cost G/L Asset Acd No = 01-1421 Aagdstibn Date = 2Lt78 <No CNOMSWwod> Acquisition Year End=12/2008 $ 79,254.03 S 0.00 $ 0.00 $ 0.00 $ 0.00 $ 79,254.03 Count = 6 40 aMMSetected> $ 79254.03 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 79,254.03 Count = 6 AcgoMw Date = 2008 S 79254.03 j 1 0.00 $ 0.00 $ 0.00 $ 0.00 $ 79,254.03 Count = 6 AcgdsibavDate= MS </Vo awasw, S9kded> Acquisition Year End=12t2009 / OD6613 WMS Software -Treasure Coast (Rutherford A Associates) 000 1212712009 , $ 0.00 S 2,161.95 $ 0.00 $ 0.00 S 0.00 $ 2,161.95 Acquisition Year End; 1212009 $ 0.00 S 2,161.95 $ 0.00 $ 0.00 S ON $ 2,161.95 Count =1 !eft Ca/WSeteded> $ 0.00 S 2,161.95 $ 0.00 $ 0.00 $ 0.00 $ 2,161.95 Count =1 A uisit*Date=2009 c9 $ 0.00 b 2,161.95 $ 0.00 $ 0.00 $ 0.00 $ 2,161.95 Count =1 CA Asset Acd No = 01.1421 $ 79,254.D3 S 2,161.95 $ 0.00 $ 0.00 S 0.00 $ 81,415.90 Count = 7 K Asset Acct No = 01.144D AagdsiGcn Date = 2008 <1VoQtegorySe/eded> Acquisition Year End=1212008 OD6105 Arbon Equipment -Roger Long Slam 3' plus labor (for Repair of Dock Plates) 000 D9101t2008 S 4,328.70 $ 0.00 OD6125 Equipment Install -Computer Room Unit (Materials and labor -Watts AC Mechanical) 000 1011512O08 2.132.45 0.00 006131 Cabling, Phone Labor (Communications Data Solutions) (Treasure Coast) 000 1002008 2,607.67 0,00 OD6161 Electrical on site wiring up battery chargers and mist equip.(Set up A Pierce) ODO 11/0112008 4.120.10 0.00 006162 Paint Otrrce - F1. Pierce Warehouse Facility 1st Floor Otlices 000 11101/2008 3.365.38 0.00 006186 Re -Keying of FL Pierce Warehouse (Bilh's Mobile Lockshop) 000 1110112008 6,291.60 0.00 Acquisition Year End=1212008 $ 22,845.90 $ O.OD Count = 6 $ 0.00 $ 0.00 $ 0.00 $ 4,328.70 0.00 0.00 0.00 2,132.45 0.00 0.00 0.00 2,607.67 0.DO 0.00 0.00 4,120.10 0.00 0.00 0.00 3,365.38 0.00 0.00 0.00 641.60 $ 0.00 $ 0.00 $ 0.00 $ 22,845.90 March 18.2010 at 4:05 PM Page 5 2009 J. J. Taylor Companies, In Property Tax • Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = Internal PT Acq Current Year Current Year Current Year Current Year Sys No Ezt Date Beginning Cost Acquisitions Transfers -In Transfers -Out Dispositions Ending Cost GIL Asset Acct No = 01.1440 Acps(onDate =2006 eft CategayWacted> $ 22,845.90 S 0.00 $ 0.00 $ 0.00 S 6.0D $ 22,845.90 Count = 6 AcqusNmDais z2009 S 22,845.90 S 0.00 $ 0.00 S 0.00 $ 0.00 $ 22.845.90 Count = 6 GIL Asset Acd No = 01.1440 $ 22,845.90 $ 0,00 $ 0.00 $ 0.00 $ 0.00 $ 22,845.90 Count = 6 GIL Asset Acct No = 01-1445 Acgd&bawDates 1999 <NoCategaySekcted> Acquisition Year Ends 1211999 006588 Crown lift Truck (forkGftbatteries,charger) SWU109288 ODO 04/0111999 $ 0.00 $ 0.00 S 39,343.DO S 0.00 $ 0.00 $ 39.343.00 Acquisition Year End=12/1999 $ 0.00 $ 0.00 $ 39,343.00 �$ 0 60 $ 0.6D $ 39,343.00 Count =1 <NoCategWSWacted> $ 0.00 $ 0.00 $ 39,.. $ 0.00 $ 0.00 $ 39.343.00 Count=l i AagdsffimDate= 1999 $ 0.00 S 0.00. $ 39,343.DO $ 0.00 $ 0.00 $ 39,343.00 Count = 1 Acquisition Date = 2001 4oCs1WSe/ecte6 Acquisition Year End=1212001 OD6222 Crown U1t truck 50FCTT w/battery and charger- SIN: 9A122896 ODO 11101I2001 $ 0.00 $ 0.DO Acquisition Year End=1212001 $ 0.00 $ 0.00 Count =1 <NoCategovySelected> S 0.00 Count =1 Acquisition Date = 2001 S 0.00 Count = 1 Acquisition Date = 2W 40 Acquisition Year End= t2/20D8 005989 2008 Floor Snubber -Factory Cat XR4D•C • stn: 50182 (Thies Acq.) ON 06/2712009 S 6,445.00 005990 2007 Toyota Elec. Forklift - sin: 60826 (Thies Acq.) 000 0612712D08 0.00 005991 2006 Toyota Pallet Jack - s1n: 32163 (Thies Acq.) 000 06I2712OD8 0.00 005992 2006 Toyota Pallet Jack • s1n: 32164 (Thies Acq.) $ 0.00 S 0.D0 0.00 0.00 $ 28,517.80 ,,- $ 0.DO $ 0.00 $ 28,517.80 $ 28,5�j. $ 0.00 $ 0.00 $ 28,517.80 $ 28,517.80 $ 0.00 $ 28,517.60 $ 0.00 $ 0.00 $ 28,517.80 $ 0.00 $ 28,517.80 S 0.00 $ 0.00 S 0.00 S 6,445.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 March 18, 201Dal 4:05 PM _ Page 6 2009 J. J, Taylor Companies, In Property Tax - Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = Intemal PTAcq Current Year Current Year Current Year Current Year Sys No Ext Date BeginningCost Acquisitions Transfers -In Transfers -Out Dispositions Ending Cost G/L Asset Acct No = 01.1445 AagarsiGon Date = ZODB <NoCalegaySWecte6 Acquisition Year End =1212008 000 0612712008 0.00 0.00 0.00 0.00 0,00 0.00 005993 2006 Toyota Pallet Jack - sin: 32165 (Thies Acq.) ODO 0612712008 0.00 0.00 0.00 0.00 0.00 0.00 005994 2006 Toyota Pallet Jack - s1n: 32166 (Thies Acq.) 000 06127/2DO8 0.00 0.00 0.00 0.00 0.00 0.00 005995 2006 Toyota Pallet Jack - s1h: 32158 (Thies Acq.) - --- 000-06127/M 0.00 0.00 0.00 0.00 0.00 0.00 005996 2007 Toyota Pallet Jack - sin:69094 (Thies Acq.) 000 0612712MB 0.00 0.00 0.00 0.00 0.00 0.00 005997 2003 Hyster Pallet Jack - s/n: 2725a (condition bad) (Thies Acq.) 000 06/27/2008 0.00 0.00 0.00 0.00 0.00 0.00 D05998 2003 Hyster Pallet Jack - s1n: 2728a (condition bad) (Thies Acq.) 000 0612712008 0.00 0.00 0.00 0.00 0.00 O.Oo 005999 2003 Hyster Pallet Jack - s1h: 2727a (condition bad) (Thies Acq.) 000 0612712008 0.00 0.00 0.00 0.00 0.00 0.00 006000 2005 Crown Pallet Jack - sin: 225699 (Thies Acq.) 000 0612712008 0.00 0.00 0.00 0.00 0.00 0.00 006001 2004 DriverJack-sm x45-Unit # 100 (Equip,#15305) (FTP) (Thies Acq.)s/n:344058002 000 06127/2008 0.00 0.00 0.00 0.00 0.00 0.00 D06002 Driver Jack - Unit #202 (FTP) (Thies Acq.) (Equp.031}s1n: 27069001 000 007=8 0.00 0.00 0.00 0.00 0.00 0.00 006003 1998 Driver Jack • Unit #203 (FTP) (Equip.# 11191) (Thies Acq.) s1n: 28232002 000 06127/2008 0.00 0.00 0.00 0.00 0.00 0.00 006004 1998 Driver Jack - Unit 1204 (FTP) (Equip.#11190) (Thies Acq.) s1n: 283232001 000 06127008 0.00 0.00 0.00 0.00 0.00 0.00 006005 1995 Driver Jack • Unit #205 (Equip.#8378) (Thies Acq.) s/n: 60053317 000 0612712DOB 0.00 0.00 0.00 0.DO 0.00 0.00 006006 2004Driver.lack-smx45-Unit#101•Equip.#15307(Thies Acq.) sin:34057008 000 06127/2008 0.00 0.00 0.00 0.00 0.00 0.00 006007 Driver Jade - Uni11612-Equip.1664 (FTP) (Thies Acq.) sln: 2016365 000 06/27/2008 0.00 0.00 O,OD 0.00 0.00 0.00 006022 Ice Machine -Manitowoc- OD-0212Ai115-1 (Texas Short Order LP) 000 07/10/20M 2,223.00 0.0D 0.0D 0.00 0.00 2,223.00 006090 Crown WP234D-45 Walkie Pallet Jack - s1n: 5A372047 000 09/1012008 6,410.68 0.00 0.00 0.00 0.00 6,410.88 DD6091 Crown WP2340.45 Walkie Pallet Jack - sin: 5A372046 000 09/10/2008 6,410.88 0.00 0.00 0.00 0.00 6,410.88 006092 Crown WP23045 Walkie Pallet Jack - sin: 5A372D45 000 09/1012008 6.410.88 0.00 0.00 0.00 0.00 6,410.88 D06093 Crown WP2340.45 Walkie Pallet Jack . s/n: 5A372044 000 09/10/2008 6,410.88 0.DO 0.00 0.00 0.00 6,410.88 006198 Crown Walkie Pallet Truck - s/n: 5A374278 w/Battery 000 1210112WB 6,410.88 0.D0 0.00 0.00 0.00 6,410.88 006199 Crown Walkie Pallet Truck -stn: 5A374277 w/Battery DDO 12/0112008 6,410.88 0.00 0.00 0.00 0,00 6,410.68 006203 Cascade Single/Double Attachment for Ftih - s/n: 70990 (Toyota) 000 12JO312M 13,111.76 0.00 0.00 0.00 0.00 13,111.76 OM207 Dock Plates (2) (AWS Building 8 Equipment) 000 12/01/2008 2,602.00 0.00 0.00 0.00 0.00 2,602.00 March 18. 2010 at COS PM Page 7 2009 J. J, Taylor Companies, In Property Tax - Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = Internal PT Acq Current Year Current Year Current Year Current Year Sys No Ext Dale Beginning Cost Acquisitions Transfers -In Transfers -Out Dispositions Ending Cost GA. Asset Acd No = 01.1445 AcgalsXm Dale = 2A08 <No Calamse/adO6 Acquisition Year End=12/2008 006211 Dock Plates (Arbon Equipment Corp) ODO 121011200E 2,044.92 0.00 0.00 0.00 0.00 2.044.92 006216 Single/Double Attachment for FAA - s1n: 70953 (Toyota) 000 12111/2008 16,658.24 0.00 O.OD 0.00 0.00 16,658.24 Acquisition Year End =12/2008 $ 81,550.20 $ O.OD $ OR $ 0.00 $ 0.00 $ 81,550.20 Count = 30 <NoCateM&Ieded> $ 81.550.20 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 81550.20 - Count = 30 Acqdsi6oa Date = 2008 $ 81,550.20 $ D.00 $ 0.00 S 0.00 $ 0.00 $ 81,550.20 Count = 30 Acgrdao,7Data =209 <No CalegaySWede6 Acquisition Year End=12/2009 006221 Crown Single Double F/Uft Attachment -sin: 984528.1 ODD 02125/2009 S 0.00 $ 13,029.52 $ 0.00 S 0.00 $ 0.00 S 13,029.52 006223 Toyota Lift SinglelDoubleAttachment-s/n:976192.1 000 02M3/2009 0.00 14,021.32 0.00 0.00 0.00 14.021.32 006224 Riding Mower for Treasure Coast (Everglades Farm Equipment) 000 01/061P009 0.00 3,178.94 0.00 0.00 0.00 3,178.94 006236 StretchWrap Machin-Phoniex PLP-2120 - s1n: 09021955 (Quick Pak Inc.) 000 0310112009 0.00 8,974.00 0.00 0.00 0.00 8,974.00 Acquisition Year End =12/2DD9 $ 0.00 S 39.203.78 S 0.00 S 0.00 $ 0.00 $ 39203.78 Count = 4 <No Catq aySe/eded> $ 0.00 $ 39,203.78 $ 0.00 S 0.00 $ 0.00 $ 3943.78 Count = 4 AcgrtiAwDO-2X9 $ 0.00 S 39,203.78 $ O.00 $ 0.00 $ 0.00 $ 39203.78 Count = 4 GIL Asset Acd No = 01.1445 S 81,550.20 $ 39,203.78 $ 67,860.80 $ 0.00 $ 0.00 $ 188,614.78 Count = 36 Grand Total S 321,282.45 S 41.365.73 $ 67,860.80 $ 0.00 $ 913.21 $ 429,595.77 Count =123 March 18, 201 Dal 4:05 PM Page 6 2009 J. J. Taylor Companies, In Property Tax • Detail Report For the period ended December 31, 2009 Group = Treasure Coast Book = Internal PTAcq Current Year Current Year Current Year Current Year Sys No Ezt Date Beginning Cost Acquisitions Transfers -in Transfers -Out Dispositions Ending Cost ................................................................................... Report Assumptions --...............................--.-- ----.-- .._.._.._......----........... Report Name: Property Tax-DeW SourceReporl: <Slartdard Reporb Calculation Assumptions Not applicable to ibis report Group/Sorting Crileria _ --- - Group =Treasure Coast Include Assels Owl meet the allowing conditions: C,rL Asset Acct No is between 01.14DO and 01.1445 Location is 30 Sorted by. GIL Asset Accl No (with subtotals), Acquisition Date (wdh subtotals by year), Acquisition Date (descending order with subtotals by year), System No, Mension Property Tax Report Assumptions: Property Tax Category = <NoCategory Selected> Acquisition Year determined from Acquisition Date Summarize assets acquired before: <No Date Selected> March 18, 2010 at 4:05 PM Page 9 AGENDA REQUEST ITEM NO. VI-13 TO: Board of County Commissioners SUBMITTED BY fDEPT):Administradon SUB]ECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: DATE: ]ANUARY 6, 2009 REGULAR [] PUBLIC HEARING [I CONSENT [x] Proposed New Distributor Operation - Letter of Intent (LOI) See attached LOI and memorandum Funds will be made available (est. 2009/2010 fiscal year and 4 years thereafter) through the budget process utilizing non Ad Valorem revenues as the primary funding preference. N/A Staff recommends the approval of the September 22, 2008 Letter of Intent Agreement with the proposed new distributor operation. COMMISSION ACTION: .APPROVED [] DENIED [] OTHER: Approved 5-0 County Attorney: Originating Dept: Finance: (Check for Copy only, it appikaMe) CONCURRENCE: Douglas M. Anderson County Administrator Review and Approvals Management & Budget: Purchasing: Other: Other: Effective: 5/96 _4 56 COUNTY ADMINISTRATION MEMORANDUM 08-108 TO: Board of County Commissioners 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 upon today's estimates. RECOMMENDATION Staff recommends sending a Board of County Commissioners' approved LOI to the proposed new distributor operation, outlining these incentives. DMAIab 08-108 Faye Outlaw, Assistant County Administrator Dan McIntyre, County Attorney Larry Daum, Economic Development Manager Larry Pelton, President, Economic Development Council ♦i BOARD OF COUNTY COMMISSIONERS September 22, 2008 COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON Economic Development Council of St. Lucie County Larry Pelton, President 1850 SW Fountainview Blvd., Suite 205 Port St. Lucie, FL., 34986coorldeods, 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 Abatement Program 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 vote by the Board of County Commissioners once a Certificate of Occupancy is received. Job Growth Incentive Grant Assuming the company 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 out 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 Summaru Property Tax Abatement $120,952 Job Growth Incentive Grant 156,600 Total Incentives $277, 552 iOSEPH E. SMITH. District No. 1 - DOUG COWARD. District No. 2 - PAULA A. LEWIS District No. 3 - CHARLES GRANDE District No d - CHRIS CRAFT. District No. 5 County Administroror . Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • Phone (772) 462-1450 • TDD (772) 462-1428 FAX (772) 462-1648 • email: dougo0co.sr-lucie.fLus web sire: www.co.sr-lucie.fl.us p Page 2 September 22, 2008 Letter of Intent We look forward to working with this new company and bringing these new jobs to St. Lucie County. Sincerely ,/ L ! R Douglas M. Anderson County Administrator DMA/ab 08-94 ORDINANCE NO. 11-019 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR J.J. TAYLOR DISTRIBUTING FLORIDA, INC., 655 NORTH AlA, 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 WOULD 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 BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT J.J. TAYLOR DISTRIBUTING FLORIDA, INC. MEETSTHE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 11-019 "Economic Development Ad Valorem Tax Exemption - J.J. 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 - 20% No exemption shall be granted on the land on which improvements are made by J.J. Taylor Distributing Florida, Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $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 Expiration 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 Findine 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 Ordinance 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 Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: 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. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-B DATE: June 7, 2011 REGULAR[] PUBLIC HEARING [x] Leg. [ ] Quasi -JD [x] CONSENT[] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Public Hearing to declare certain real property to be surplus BACKGROUND, Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 18, 2002 - Board of County Commissioners approved Ordinance No. 02-18 - Disposition of Surplus Real Property. August 17, 2010 - Board of County Commissioners approved Ordinance No. 10-029 amending Section 1-16.2-6 of Ordinance No. 02-18, February 15, 2011 - Board of County Commissioners approved permission to advertise a Public Hearing on March 22, 2011. March 22, 2011- Board of County Commissioners approved permission to advertise Ordinance No. 11-014 and continued the Public Hearing until June 7, 2011. May 3, 2011 - Board of County Commissioners approved Ordinance No. 11-014. RECOMMENDATION: Staff recommends that the Board declare the attached list of thirty-one (31) parcels surplus and direct staff to dispose of the parcels according to Ordinance No. 11-014. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: I q-m [ ] Environmental Resources: [ ] County Engineer: Heather Young for Dan McIntyre �( i l� [x] Originating Dept.: —f f kL [x] Housing & Community 5ervices: [ )Airport: JoAnn Riley Beth Ryder 5:\ACQ\WP\5URPLU5 PROPERTIE5\2011 Agenda Request Public Hearing 6.7.11.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: June 7, 2011 SUBJECT: Public Hearing to declare certain real property to be surplus BACKGROUND: As authorized by Section 125.35, Florida Statutes, the Board of County Commissioners adopted Ordinance No. 02-18, Ordinance No. 10-029 and Ordinance No. 11-014, prescribing an alternative method to sell and convey real property owned by the County. The attached list of thirty-one (31) parcels were conveyed to St. Lucie County by Tax Deed. These vacant parcels are located throughout the County as shown on the attached map. The parcels range in size from .01 acres to .39 acres. The Property Acquisition Division issued a memorandum to all departments requesting that they advise if there was any interest for these parcels. No department expressed an interest in these parcels. Section 1-16.2-6 of the Code of Ordinances of St. Lucie County requires the County to publish a notice in a newspaper of general circulation once at least twenty (20) days prior to the Board of County Commissioners' hearing in which the real property is to be declared surplus. On February 24, 2011, we published a Notice of Intent in the St. Lucie News Tribune advertising a Public Hearing to be held on March 22, 2011. The Board continued the March 22, 2011 Public Hearing to June 7, 2011 to allow staff time to modify Ordinance No. 02-18 to include procedures for disposition of property that is unbuildable or valued at less than $25,000, On May 3, 2011, the Board approved Ordinance No. 11-014. RECOMMENDATION: Staff recommends that the Board declare the attached list of thirty-one (31) parcels surplus and direct staff to dispose of the parcels according to Ordinance No. 11-014. Respectfully submitted, Ann Riley Property Acquisition Manager 5;\ACQ\WP\SURPLU5 PROPERTIES\2011 Agenda Memo Public Hearing 6.7.11.wpd 0 N M T N a 2 - I PROPERTIES TO BE DECLARED SURPLUS BY THE BOARD OF COUNTY COMMISSIONERS Parcel ID Location Acreage 2010 Assessed Value Preliminary Assessed Value for 2011 2321-501-0001-080-1 Henry's Road 0.13 $4,200 $2,800 2403-711-0039-000-8 North 9th Street 0.15 $1,000 $1,000 2404-443-0017-000-9 Avenue F & North 13th Street 0.12 $1,000 $1,000 2404-514-0029-000-3 1304 North 171h Street 0.12 $2,800 $2,800 2404-608-0136-000-4 Avenue I & North 25th Street 0.11 $7,100 $7,100 2404-608-0138-000-8 Avenue I & North 25th Street 0.10 $6,000 $6,000 2404-716-0027-000-9 715 North 20th Street 0.15 $3,500 $3,500 2404-804-0011-010-7 Avenue I & North 13th Street 0.02 $300 $300 2404-807-0007-000-2 North 13th Street 0.09 $2,400 $2,400 2404-812-0021-000-2 1505 Edgewood Terrace 0.12 $3,000 $3,000 2404-813-0011-000-2 606 North 141h Street 0.18 $3,800 $3,800 2404-813-0046-000-6 North 13th Street 0.08 $1,300 $1,300 2404-814-0011-000-5 Avenue F & North 14th Street 0.06 $1,500 $1,500 2404-814-0012-000-2 Avenue F & North 14th Street 0.15 $3,700 $1,700 2404-816-0003-000-2 1620 Avenue E 0.10 $9,300 $3,700 2404-828-0011-000-8 Avenue F 0.06 $1,500 $800 2404-828-0014-000-9 Avenue F 0.10 $2,600 $1000 2405-817-0039-010-2 Avenue E 0.06 $2,100 $1,600 2409-501-0050-000-4 526 Means Court 0.12 $10,800 $3,900 2409-802-0001-000-0 South loth Street 0.05 $1,600 $1,600 2409-802-0002-000-7 South loth Street 0,14 $2,700 $2,700 2409-803-0001-000-3 119 South loth Street 0.12 $3,500 $3,500 2409-803-0002-000-0 South loth Street 0.05 $600 $600 2409-816-0002-000-0 Orange Avenue 0.01 $800 $800 2410-601-0071-000-8 504 North loth Street 0.07 $700 $700 2410-602-0003-000-4 Dundas Court 0.05 $2,300 $1,400 2410-603-0032-000-9 430 North 7th Street 0.23 $12,800 $12,800 2410-603-0034-010-6 North 61h Street 0.02 $600 $600 2410-715-0010-000-3 604 South 61h Street 0.11 $5,700 $5,700 2416-504-0195-000-3 Jersey Avenue 0.09 $3,500 $1,800 2420-601-0040-010-6 South 35th Street 0.39 $6,200 $6,200 5:\ACQ\WP\5URPLU5 PROPERTIE5\2011 Exhibit for Agenda Request with Preliminary Assessed Value for 2011.docx Foreign Account Number 11504098 Ad # 2246229 Ad Net Cost $110.25 Name (Primary) ST LUCIE COUNTY BOCC Company (Primary) ST LUCIE COUNTY BOCC Street 1 (Primary) ATTN: ACCOUNTS PAYABLE SUPE City (Primary) FT PIERCE State (Primary) FL ZIP (Primary) 34982 Phone (Primary) (772) 462-1692 Class Cade 9424SC - Notice of Meeting Start Date 2/24/2011 Stop Date 2%24�2011 Prepayment Amount $0.00 Ad Sales Rep. 190 - Barbara Wentzel Width 2 Depth 231 BEFORE THE BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida, will consider de- claring the following thirty-one proper. ties surplus: 1. PARCEL ID 2321-501-0001-080.1 - FORT PIERCE GARDENS OF 21 35 39 BLK A E 10 FT OF LOT 1 0.13 AC) (OR 1820-1848). 2. PARCEL ID 2403.711-0039-000-8 - J E W MCCULLER'S S/D S 50 FT OF UN- NUMBERED TRACT - LESS W 119,5 FT (OR 1820-1849). 3. PARCEL ID 2404.443-0017-000-9 -4 35 40 E 50 FT OF W 160 FT OF N 100 FT OF S 495 FT OF E 1/2 OF SE 1/4 (OR 1820-1829). 4. PARCEL ID 2404.514.0029-000-3 - HIGHLAND PARK S/D BLK 4 LOT 10 (OR 2026-2411). 6, PARCEL ID 2404-608-0136-000-4 - GARDEN CITY FARMS 05 35 40 W 35 FT OF E 100 FT OF N 1/2 OF TRACT 97 - LESS N 25 FT (1) (OR 1862-202). 6. PARCEL ID 2404.608.0138-000.8 - GARDEN CITY FARMS 05 35 40 W 30 FT OF E 180 FT OF N 1/2 OF TRACT 97 - LESS N 25 FT (3) (OR 1862-201). 7. PARCEL ID 2404-716-0027-000-9 - KILLERS ADDN TO LINCOLN PARK BLK 2 LOT 1 (OR 1918-2960). 8, PARCEL ID 2404-804-0011-010-7 - NOBLES AND NOTTINGHAM S/D FROM SE COR OF LOT 11 BLK 1 RUN W 35 FT TO POB, TH RUN N 23 1/3 FT, TH W 35 FT, TH S 23 1/3 FT, TH E 35 FT TO POB (OR 1820-1837). 9. PARCEL ID 2404-807-0007-000-2 - MUSTAINE'S S/D BLK A LOT 7 - LESS BEG AT NE COR RUN W 7.26 FT, TH S 58.45 FT, TH E 9.52 FT TO SE COR LOT 7, TH N TO POB (OR 1820-1838). 10. PARCEL ID 2404-812.0021-000-2 - EDGEWOOD PARK BLK A LOT 21 (OR 1480-2012). 11. PARCEL ID 2404-813-0011-000.2 - WILLIE JOHNSON S/D BLK 1 LOT 9 - LESS 14 ST R/W - AND W 7.5 FT OF VAC ALLEY ADJ ON E AS IN OR 247- 1150 (OR 1573-2085). 12. PARCEL 2404.813-0046-000-6 - WILLIE JOHNSON SID BLK 2 E 66 F1 OF LOT 32 AND W 5 FT OF VAC ALLEti ADJ ON E (ORDN J-206 OR 1036-1522 (OR 1820.1840, 1889-2077). 13. PARCEL ID 2404.814.0011-000-5 - LINCOLN HTS BLK 1 LOT 12 - LESS 14 ST RNV - (1820-1832). 14. PARCEL ID 2404-814-0012-000-2 - LINCOLN HTS BLK 2 LOTS 3 AND 12 LESS 14 ST RIW - (OR 1820-1833). 15. PARCEL ID 2404-816-0003.000-2 - HIGHLAND PARK RE-S/D BLK 1 LOT 3 (OR 1918-2962), 16. PARCEL ID 2404-828-0011-000-8 - JACKSON'S SID BEG NE COR LOT 9, RUN W 40 FT, TH S 36.66 FT, TH S 36 DEG 27 MIN 59 SEC E 67.85 FT TH N ON E LOT LI 88.86 FT TO POB (OR 1820-1835). 17. PARCEL ID 2404-828-0014-000-9 - JACKSON'S SID LOT 10 - LESS SNAKE DITCH RNV AS IN CA#2873-L- (013 1862- 219). 18. PARCEL ID 2405-817-0039-010-2 - RE-S/D OF TRACTS 113, 114, 127 AND 128 GARDEN CITY FARMS 05 35 40 S 113 FT OFE21.7 FT OF LOT 5OF TRACT 128 (OR 1862-223). 19. PARCEL ID 2409-501.0050-000-4 - LINCOLN PARK NO 2 BLK 2 LOT 16 (OR 1677-2860). 20. PARCEL ID 2409-802-0001-000-0 - DUKETT SID BLK 1 BEG AT SE COR OF LOT 1, TH RUN N 38 FT, TH WITH IN- SIDE ANG OF 91 DEG 11 MIN RUN WLY 44 FT, TH WITH INSIDE ANG OF 167 DEG 10 MIN RUN WLY 28 FT, TH W ITH-INSIDE.ANG-OF_169_DEG.-1.0_M1N RUN SWLY 17,2 FT, TH WITH INSIDE ANG OF 160 DEG 22 MIN RUNS WLY 15.3 FT, TH WITH INSIDE ANG OF 134 DEG 00 MIN RUN SLY 12,7 FT TO S LI OF LOT 1, TH RUN E TO POB (OR 369- 320, 822-2298). 21. PARCEL ID 2409-802-0002-000.7 - DUKETT SID BLK 1 E 150.03 FT OF LOT 1 - LESS TO LYONS AS IN DBK 191-107 (OR 822.2298), 22, PARCEL ID 2409-803-0001-ODO-3 - C E CAHOW'S SID E 100.8 FT OF LOT 1 (OR 369-320, 822-2298). 23. PARCEL ID 2409-803.0002-000-0 - C E CAHOW'S SID W 33,47 FT OF LOT 1 AND E 8 FT VAC ALLEY ADJ ON W (OR 822-2298). 24. PARCEL ID 2409-816.0002-0000 - W W CARLTON'S SID BLK 1 W 6 FT OF LOTS 7 AND 8 (OR 1862.214). 25. PARCEL ID 2410-601-0071-000-8 - FEE AND MAY'S RE-S/D BLK D E 35 FT OF N 90 FT OF LOT 9 (MAP 24/10C) (OR 1918-2953). 26. PARCEL ID 2410-602-0003-000.4 - PARMELEE'S S/D LOT B - LESS W 75 FT (MAP 24/10C) (OR 1918-2952). 27. PARCEL ID 241D-603.0032-000-9 - PLAT OF A C DITTMAR'S RE-S/D BLK 19 LOT 6 (MAP 24/1OC) (OR 1573-2086). 28. PARCEL ID 2410-603-0034-010-6 - PLAT OF A C DITTMAR'S RE-S/D BLK 19 W 15.5 FT OF LOT 7 (MAP 24/10C) (OR 1862-204, 1891-123). 29. PARCEL ID 2410-715-0010-000-3 - WOODBINE SID LOT 10 (MAP 24/10F) (OR 1918-2961). 30. PARCEL ID 2416-504-0195-000-3 - LAWNWOOD ADDN BLK 23 LOT 46 AND S 8 FT OF VAC ALLEY ADJ ON N (OR 1862-208). 31, PARCEL ID 2420-601-0040-010-6 - CROSS TRAIL SID BLK 3 E 1/2 OF TRACT MARKED LOW GROUND (0.39 AC) (OR 1677-2869). The Board will consider declaring the above properties surplus at its regular meeting on Tuesday, the 22nd day of March, 2011 at 9:00 a.m„ or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Ad- ministration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida, Objections to the declaration of the Properties as surplus property shall be in writing, addressed to Faye W, Out- law, MPA, County Administrator, no lat- er than ten (10) days prior to the hear- ing and will be given to the Board of County Commissioners prior to making its final decision, If any person decides to appeal any de- cision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the pro- ceedings and that, for such purpose, may need to ensure that a verbatim re- cord of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying dur- ing a hearing upon request. Anyone with a disability requiring .ac- commodation to attend this meeting should contact the St, Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462.1428 at least forty-eight (48) hours prior to the meet- ing. THIS NOTICE EXECUTED and dated this 24th day of February, 2011. Submitted by: Daniel S. McIntyre County Attorney Publish: February 24, 2011 2246229 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 10 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 1. 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 finds 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. StwA thFeUgh portions are deleted. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Underlined portions are added. FILE# 359242405/1612011 at 10:11 AM OR BOOK 3293 PAGE 2960 - 2964 Doc Type: ORDN RECORDING: $44.00 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. Once 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 may then dispose of the property 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 StFWC* thfsugh portions are deleted. Underlined portions are added. 81 desire to dispose of the real property. The county may then effect a sale and conveyance of the 82 parcel at private sale to an adjacent property owner without receiving bids or publishing notice 83 If, within ten (10) business days after receiving such notice, airy two or more adjacent 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 property, the county may dispose of 89 the propertythrough the procedure outlined in Section 1-16.2-4 (a). 90 91 (d) Alternatively, when a parcel of real property is of insufficient size and shape or is otherwise 92 unable to be issued a building permit for any_type of development to be constructed on the 93 property, the county may negotiate the private sale of the property to an adjacent Rroperty owner. 94 Such parcels may only be sold or conveyed to adjacent property owners. The county shall send 95 notice to all adjacent property owners by certified mail indicating the county's desire to dispose 96 of the real property and requesting interested adjacent property -owners to submit to the Countya 97 letter of interest. The county may then effect a sale and conveyance of the parcel at private sale 98 to an adjacent property owner without receiving bids orpublishingnnotice. If two or more 99 adjacent property owners express interest in acquiring the ropertv the County shall evaluate the 100 letters of interest and may convey the property to the adjacent property owner the County deems 101 most appropriate considering the unique location of the surplus property. This procedure applies 102 regardless of whether the surplus property is being disposed of on the county's own initiative or 103 upon receiving a letter of interest. 104 105 (d) Le,ZThe 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 property sought to be disposed of, the name of the county administrator or designee to which StFUG14 WsUgh portions are deleted. Underlined portions are added. 14 126 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 AYE 151 Chris Dzadovsky, Vice Chairman ABSENT 152 Commissioner Paula A. Lewis AYE 153 Commissioner Frannie Hutchinson AYE 154 Commissioner Tod Mowery AYE StFuGk thFough portions are deleted. Underlined portions are added, 15 155 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 3rd day of May 2011. 161 —�.*— BOARD OF COUNTY COMMISSIONERS �r0ysr C`, .X.- 162 ATTEST: ►�, a, LU E OU FLORIDA •q�w ::Frye y!9x; +G.!.�r d i4•.; �+II..`�:� '"') Y :�� II 7 163 (- 164 Deputy Cle "'s w ``'�� f ::: "'� Chair 165 A PPROVED AS TO FORM AND 166 . L�eIE coy CORRECTN SS 167 BY 168 County Attorney StFUGI( OFOUO-h portions are deleted, Underlined portions are added. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: County Attorney SUBJECT: Ordinance No. 11-017 Pain Management Clinics BACKGROUND: See CA11-412 FUNDS AVAILABLE: N/A ITEM NO. VII-C DATE: 06/07/11 REGULAR ( ) PUBLIC HEARING ( X ) CONSENT ( ) PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney 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 June 21, 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/Signatures County Attorney ( x) OMB Director ( ) Budget Analyst Daniel S. McIntyre Planning and ( X ) Development 4:1n Services (Mark Satterlee) ERD ( ) (Name) (Name) (Name) COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA11-412 DATE: June 7, 2011 SUBJECT: Ordinance No. 11 -0 17 Pain Management Clinics ITEM NO. VII-C. Background: 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 medical 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. The Planning and Zoning Commission made recommendations for changes to the Ordinance, but staff did not include those in the Ordinance because they were all addressed by state statute. On May 3 and May 17, 2011, the Board of County Commissioners held two public hearings on this ordinance, but they had not been properly advertised. Recommendation: This is the first of two public hearings. The second public hearing will take place on June 21, 2011, at 9 a.m. or as soon thereafter as may be heard. R ecuully submitted H ather Sperrazza Lueke Assistant County Attorney 1 ORDINANCE NO. 11-017 2 3 AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY 4 COMMISSIONERS 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 CLINICS UPON EFFECTIVE DATE OF THIS 15 ORDINANCE 16 17 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has 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 7 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 April 21, 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 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 7 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: The St. Lucie County Land Development Code is hereby amended by adding the words shown in underlined type: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS: CHAPTER II DEFINITIONS 2.00.00. DEFINITIONS Pain Specialist (Approved) Approved pain specialist means a physician, or group of physicians licensed under either Chapter 458 or Chapter 459, Florida Statutes, and who comply with State of Florida rules for medical doctors and osteopathic physicians. Pain Management Clinic: Pain management clinic means the same as the definition found in Section 458.3265(1)(a), Florida Statutes (2010), as may be amended from time to time. Pharmacy: Pharmacy means the same as the definition in Sec. 465.003, Florida Statutes (2010), as may be amended from time to time. CHAPTER III ZONING DISTRICTS 3.01.03. Zoning Districts A.-R. NO CHANGE S. CG Commerical, General 1.-6. NO CHANGE 7. Conditional Uses a-i. NO CHANGE j. Pain Management Clinic � k. Sporting and recreational camps. (7032) Page 3 of 7 1 ICI. Retail trade: 2 (1) Liquor stores. (592) 3 a- m. Stadiums, arenas, and race tracks. (794) 4 m. n. Telecommunication towers - subject to the standards of Section 5 7.10.23. (999) 6 8. NO CHANGE 7 T.-HH.NO CHANGE 8 9 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 10 11 7.00.00. General Provisions 12 13 7.10.00. Supplemental Standards. 14 15 Section 7.10.00 is hereby amended to create a new Section 7.10.29 "Pain Management 16 Clinic" as follows: 17 18 7.10.29 Pain Management Clinic. 19 20 The following provisions are intended to promote the health and general welfare of the 21 residents of St. Lucie County through the regulation of pain management clinics within 22 unincorporated St. Lucie County. 23 A. Pain Management Clinics shall be subject to the following: 24 25 1. Each pain management clinic shall at all times, be in compliance with each and 26 every provision of this section, as well as all applicable federal laws, state laws, 27 administrative rules, and county codes. 28 29 2. A pain management clinic shall be permitted only as a conditional use in the 30 Commercial General Zoning District, as provided in Section 3.01.03(S)(7), St. 31 Lucie County Land Development Code (LDC), and must be operated by an 32 approved pain specialist, or as a Florida Agency for Health Care Administration 33 (ACHA) licensed operation, under Chapter 400, Part X, Florida Statutes, and 34 as otherwise required by Florida law. In addition to the regulations in this 35 section, all provisions of the LDC for conditional use permits, shall apply. 36 37 3. In the event the owner or operator of a state licensed or designated pain 38 management clinic has such license or designation revoked by the Florida 39 Board of Medicine, the Florida Board of Osteopathic Medicine or by ACHA; any 40 conditional use permit granted for a pain management clinic shall 41 simultaneously be revoked, and shall thereafter be null and void. Page 4 of 7 1 2 4. A change in ownership of a pain management clinic shall require a major 3 adjustment to the conditional use permit authorizing the use. 4 5 5. Location. Any new pain management clinic shall only be located in the CG 6 (Commercial, General) Zoning District, subject to the other requirements of this 7 section and all applicable federal, state, local and other agency provisions. 8 9 B. Distance requirements. The following distances shall be measured by straight line 10 measurement without regard to intervening buildings from the nearest point of the 11 building or unit within a buildinq in which the proposed clinic is to be located to the 12 nearest point of the lot, use, or right-of-way line from which the proposed clinic is 13 to be separated. 14 15 1. No pain management clinic shall commence operation within 500 feet of any 16 other pain management clinic. 17 18 2. No pain management clinic shall commence operation within 500 feet of a 19 pharmacy, unless such pharmacy shall have pre -dated the pain management 20 clinic by at least one (1) year. 21 22 3. No pain management clinic shall be located within 1,000 feet of real property 23 comprising a residence, child care facility, public or private elementary, middle, or 24 secondary school, park, community center or public recreation facility, church or 25 religious facility. 26 27 C. Other regulations. 28 29 1. It shall be unlawful for any clinic to be open for operation between the hours of 30 6:00 p.m. and 7:00 a.m. 31 32 2. The number of parking spaces required for pain management clinics shall be 33 the same as for those required of medical offices, the Planning and 34 Development Services Director may require the applicant to submit a parkinq 35 analysis study if the Director has concerns as to the safety, sufficiency or 36 configuration of available vehicle parking based on the unique circumstances 37 of the site. 38 39 3. All state licenses and permits shall be provided to the County prior to the 40 issuance of any occupation authorizations, licenses, permits or renewals 41 issued by the County. Page 5 of 7 1 2 PART B. CONFLICTING PROVISIONS 3 4 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 5 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 6 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 7 8 PART C. SEVERABILITY 9 10 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 11 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. 12 If this Ordinance or any provision thereof shall be held to be inapplicable to any person, 13 property, or circumstances, such holding shall not affect its applicability to any other 14 person, property or circumstances. 15 16 PART D. APPLICABILITY OF ORDINANCE. 17 18 This Ordinance shall be applicable in the unincorporated area of St. Lucie County. 19 20 PART E. CODIFICATION 21 22 It is the intention of the Board of County Commissioners, and it is hereby ordained that 23 the provisions of this Ordinance shall become and be made a part of the Code of the 24 County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or 25 re -lettered to accomplish such intentions; and that the word "Ordinance" shall be 26 changed to "Section" or other appropriate word. 27 28 PART F. FILING WITH THE DEPARTMENT OF STATE 29 30 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the 31 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 32 33 PART G. EFFECTIVE DATE 34 35 This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the 36 Department of State. 37 38 PART H. MORATORIUM 39 40 The moratorium on new pain management clinics which was approved by the Board of 41 County Commissioners on June 15, 2010 and extended on March 1, 2011, shall 42 automatically expire upon the effective date of this ordinance. Page 6of7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 PART I. 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 Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED this th Day of , 2011. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS Page 7 of 7 County Attorney "Al INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 11-0603 DATE: June 7, 2011 (Item No VII=D j June 7, 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 Secondhand Dealers BACKGROUND: On June 7, 2011, staff received comments from Sharon Ehrenreich, Esquire, an attorney representing United Pawnbrokers Group, regarding the revised draft of Ordinance No. 11-010. Staff has reviewed those comments and further revised the_.. ordinance to address. these comments in the attached draft. The .revs,ions are in �,old and ?' (irgZiq on pages :7, 9; 12, and 13.A copy of the letter f rom Ms. Ehrenreich is also attached. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners adopt the revised draft of proposed Ordinance No. 11-010 as attached to this memorandum. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Sheriff REVISED 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 (DEFINITIONS); CREATING SECTION 1-15.5-3 (EXEMPTIONS); CREATING SECTION 1-15.5-4 (BUSINESS TAX RECEIPT); CREATING SECTION 1-15.5-5 (RECORDKEEPING REQUIREMENTS); CREATING SECTION 1-15.5-6 (HOLDING PERIOD); CREATING SECTION 1-15.5-7 (CERTAIN ACTS AND PRACTICES PROHIBITED); CREATING SECTION 1-15.5-8 (PENALTIES); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING 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. Strwek threugh passages are deleted. Underlined passages 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: MOM _",gip : bed -and. upnish e d-by##eSt. Lrz�ir E he pi#f. Existing Sections 1-12736.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: sStrw� r&LHjh 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 following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Consignment shop means a shop engaging in the business of accepting for sale on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party. Pawn means either of the following transactions: (a) ft se# agreement means an agreement whereby a purchaser agrees to hold property for a specified period of time to allow the seller the exclusive right to repurchase the property. A buy -sell agreement is not a loan of money. (b) Loan of money means a written or oral bailment of personal property as security for an engagement or debt, redeemable on certain terms and with the implied power of sale on default. Pawn means any advancement of funds on the security of pledged goods on condition that the pledged goods 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. Pawnbroker means any person duly licensed under Chapter 539, Florida Statutes, who is regularlyL engaged in the business of making pawns who makes a public display passages are deleted. Underlined passages are added. containing the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof; or who publicly displays a sign 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 thing of value on stocks bonds, or other securities. A pawnbroker may also engage in the business of purchasing goods which includes consignment and trade. Pledge means pawn or buy -sell agreement. Precious metals means any item containing any gold silver, or platinum or any combination thereof, excluding the following: (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. O 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 regularly 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. Secondhand dealer means any person who is not a secondary metals recycler and who is engaged in the business of purchasing, consigning, or trading secondhand goods. However, secondhand dealers are not limited to dealing 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, garage sale operators, secondhand stores, and consignment shops. Strueli passages are deleted. Underlined passages are added. al Secondhand goods means personal property previously owned or used, which is not regulated metals property regulated 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 paragraph "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. 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 throughout the term of the transaction. Transaction means any title loan, purchase, or consignment 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 involving an organization or entitX registered with the state as a nonprofit, religious, or charitable organization or any school -sponsored association or organization other than a secondary metals recycler subject 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. (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondhand dealer. (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. Strueli passages are deleted. Underlined passages are added. (6) Any garage 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 sales (8) Any person who sells household personal property as an agent for the property owner or the owner's representative pursuant to a written agreement at that person's residence. (9) The purchase, consignment, 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 accepting a secondhand good as a trade-in for a similar item of greater value. (11) Any person purchasing, consigning, or trading secondhand goods at a flea market regardless of whether at a temporary or permanent business location at the flea market, unless said vendor conducts business transactions otherwise governed by the State of Florida. (12) Any auction business as defined in Section 468.382(1) Florida Statutes. (13) Any business that is registered with the state department of revenue for sales tax purposes as an antique 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 agreement that states the name, address, and telephone number of the property owner and the type of property purchased. (14) Any person purchasing, consigning, or pawning secondhand goods ordered by mail; computer -assisted shopping; media -assisted, media -facilitated, or media -solicited shopping; or shopping by other means of media communication, including but not limited to direct mail advertising; unsolicited distribution of catalogs; television, radio, or other electronic media; telephone, magazine or Stewek threegh passages are deleted. Underlined passages are added. newspaper advertising, so Iona 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, precious 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 Compiled Laws. Section 1-15.5-5. Recordkeeping requirements. (a) The St. Lucie County Sheriff shall designate an electronic reporting system for all pawn and secondhand dealer transactions. The St. Lucie County Sheriff shall provide copies of the electronic reporting system software to all pawnbrokers and secondhand dealers. (b) A pawnbroker shall comply with the recordkeeping requirements set forth in Section 539.001(9), Florida Statutes, including but not limited to electronic transfer to the St. Lucie County Sheriff of all pawn transactions using the electronic reporting system designated by the Sheriff. (c) In addition to the recordkeeping requirements set forth in Section 538.04, Florida Statutes, secondhand dealers shall also comply with the recordkeeping requirements set forth in this section. _(d) A secondhand dealer as defined in this article shall provide an electronic transaction of all articles of any kind purchased or received using the electronic reporting system designated by the St. Lucie County Sheriff pursuant to Section 53.9.001(9)(b), Florida Statutes. The electronic transaction record shall at all times during business hours be open to the inspection of the St. Lucie County S#rueIc-threagh passages are deleted. Underlined passages are added. Sheriff 's Office. The report shall be a full, true and complete report of all goods wares, merchandise, or things received on deposit or purchased the previous day. The report shall contain the following_ (1) The time, date, and place of the transaction. (2) A complete and accurate description of the goods acquired, including digital images, any serial numbers, manufacturer's numbers, or other identifying marks or characteristics. (3) A description of the person from whom the goods were acquired, including' A. Full name, address, place of employment, and home telephone number. B. Height, weight, date of birth, race, gender, 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 (4) If any article has engraved thereon a number, word, or initial, or contains settings of any kind, the description of the article in the report shall contain the number, word, or initial and shall show the kind of settings and the number of each kind. (5) In the case of a purchase, the amount of money paid for the goods or the monetary value assigned to the goods in connection with the transaction. the amount of money paid for the goods or the monetary value assigned to the goods in connection with the transaction. (6) Any other information required by the Florida Department of Law Enforcement. (e) A secondhand dealer shall require verification of the identification of the seller by the exhibition of a government -issued photographic identification card 6truek i=eugh passages are deleted. Underlined passages are added. such as a driver's license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon. (f) A secondhand dealer shall require a seller to sign a statement verifying that the seller is the rightful owner of the goods or is entitled to sell the goods. (q) Each receipt issued by a secondhand dealer shall be numbered consecutively, and if stubs are used in connection with the record of the transaction retained by the secondhand dealer, each stub shall be numbered consecutively to conform to the receipt. (h) The electronic reporting system will provide for an upload of a complete 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 reporting system of all transactions that occurred during -4hat the previous business da. (i) Secondhand dealers are exempt from this section for all transactions involving secondhand sports equipment, except secondhand sports equipment that is permanently labeled with a serial number. Section 1-15.5-6. Inspection of records and premises. (a) The premises and required records of each secondhand dealer and pawnbroker are subject to inspection during 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 being 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. S#ruel( threugh passages are deleted. Underlined passages are added. Section 1-15.5-7. Holding period. (a) A pawnbroker shall comply with the holding requirements set forth in Section 539.001(9), Florida Statutes. (b) A secondhand dealer shall comply with the following holding requirements: (1) A secondhand dealer shall not sell, barter, exchange alter, adulterate, or in any way dispose of any secondhand goods within thirty (30) calendar days of the date of acquisition of the goods. Such holding period 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 original transaction with verification that the customer is the person from whom the goods were originally acquired, (2) A secondhand dealer shall maintain actual physical possession of all secondhand goods throughout a transaction. 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. (3) Upon probable cause that goods 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 must act, in compliance with the provisions of Section 538.06(3) Florida Statutes. However, the holding period may be extended beyond ninety (90) calendar days by a court of competent jurisdiction upon a finding of probable cause that the property is stolen and further holding 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, including responsibility for the actions of any employee with respect thereto. S#i-wel( threugh passages are deleted. Underlined passages are added. 10 (4) All dealers in secondhand property regulated by this article shall maintain transaction records for five (5) years. (e) Subject to the requirements of Chapter 537 Florida Statutes and the restrictions in Section 538.15, Florida Statutes a secondhand dealer may engage in a title loan transaction, and the physical possession requirements of Subsection 1- 15.5-7(b)(2) of this section shall not apply if the following 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 throughout the transaction. (3) The owner is not required to pay rent or any other charge for the use of the motor vehicle. (4) A secondhand dealer who engages in a motor vehicle title loan transaction has the right to repossess the motor vehicle upon failure of the owner to redeem the title. The secondhand dealer shall 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 through a motor vehicle dealer licensed under Section 320.27, Florida Statutes. (5) No charges other than those charges permitted in Section 537.011 Florida Statutes, shall be allowed, and such charges shall be fully disclosed conspicuously in writing, and initialed by the motor vehicle owner at the initiation of the transaction. Section 1-15.5-8. Certain acts and practices prohibited. It is unlawful for a secondhand dealer or any employee of a secondhand dealer to do or allow any of the following acts: (a) Knowingly make a transaction with any person: `trwek threug4 passages are deleted. Underlined passages are added. 11 (1) Who is under the influence of drugs or alcohol when such condition is visible or apparent; (2) Under the age 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 7:00 a.m. A secondhand dealer shall not conduct any transaction at a drive -through window or similar device. (c) Fail to pay any sales tax owed to the Florida Department of Revenue or fail to have a sales tax registration number. (d) Engage in both pawn transactions and title loan transactions from at within or ad joining a licensed pawn shop or secondhand dealer location. (e) Use the word "pawn" or "pawnbroker" in any transaction, documentation advertising or promotional materials, signs, displays, banners, or other materials of any nature relating to the secondhand dealer's business. Section 1-15.5-9. Penalties. Any person w full violating the provisions of this ordinance, other than clerical or recordkeeping errors, 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 countyjail not to exceed sixty (60) days, or both such fine and imprisonment. Each day of noncompliance with this ordinance shall 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. tr.. Wig# passages are deleted. Underlined passages are added. 12 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, entity, 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. 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 Vice Chairman Chris Dzadovsky Commissioner Paula Lewis Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ENACTED this Struek threugh passages are deleted. Underlined passages are added. 13 day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 5;\atty\ordnance\2011\11-010.doc Rev. 06/07/2011 Strueli passages are deleted. Underlined passages are added. APPROVED AS TO FORM AND CORRECTNESS: BY: 14 County Attorney 303 State Road 26 Melrose, FL 32666 Phone: (352) 475-161 1 JOHN D. MIDDLETON, P.A. Attorneys at Law June 7, 2011 Heather Young Assistant County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Ordinance No. 11 -0 10 Dear Ms. Young: Fax: (352) 475-5968 Email: middlaw@windstream.net JOHN D. MIDDLETON SHARON W. EHRENREICH of Counsel Ordinance No. 11-010 still appears confusing in some areas, as it does not adequately delineate pawnbrokers from secondhand dealers. The terms "secondhand dealers" and "pawnbrokers" seems to be used interchangeably, which makes a clear understanding of the Ordinance difficult, and conflicts with the "Florida Pawnbroking Act" Section 539.02, Florida Statutes (2011), which states that "Chapter 538 does not apply to pawnbrokers licensed under the Florida Pawnbroking Act." Again, there seems to be no clear demarcation between pawnbrokers and secondhand dealers as is illustrated in Ordinance No. 11-010, Section 1-15.5-5(h) Recordkeeping Requirements, which states: The electronic reporting system will provide for an upload of a complete 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 reporting system of all transactions that occurred during that business day. This section appears to be void as it conflicts with and is more restrictive than the "Florida Pawnbroking Act," which requires: "...on or before the end of each business day, the pawnbroker must deliver to the appropriate law enforcement official the original pawnbroker transaction forms for each of the transactions occurring during the previous business day ,L/ unless other arrangements have been agreed upon between the pawnbroker and the appropriate law enforcement official. Page Two The main objective of the United Pawnbrokers Group is to ensure that Ordinance No. 11-010 does not conflict with the "Florida Pawnbroking Act," specifically Section 539.001(20) Florida Statutes (2011), which reads: (20) Conflicting ordinances. — Any county or municipality may enact ordinances that are in compliance with, but not more restrictive than this section, except that local ordinances shall not require the payment of any fee or tax related to a pawn transaction or purchase unless authorized under this chapter or restrict hours of operations other than between midnight and 6 a.m. Any ordinance that conflicts with this subsection is void. This section does not affect the authority of a county or municipality to establish land use controls or require a pawnbroker to obtain a local occupational license. Additionally, Ordinance No. 11-010, Section 1-15.5-9 still reads: Section 1-15.5-9. Penalties. 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 shall be deemed a separate offense. These penalties are more restrictive and add a more substantial burden onto pawnbrokers than what is allowed by the "Florida Pawnbroking Act," which requires a "willful" violation. This in turn raises additional constitutional issues, especially when coupled with the overall vagueness of the Ordinance itself. Thank you for providing me with a copy of the revised Ordinance and addressing some of the concerns of the United Pawnbrokers's Group; however, Ordinance No. 11 -0 10 cannot be more restrictive than the "Florida Pawnbroking Act" or it is void as it relates to pawnbrokers. At the risk of repeating myself, the "Florida Pawnbroking Act" should be the polestar which guides the writing of Ordinance No. 11-010. I am sure the issue of attorneys fees would arise if it becomes necessary to defend against the Ordinance. Again, thank you for your attention to this matter. Please do not hesitate to contact me if I can be of further assistance. Sincerely, Sincerely, SHARON W. EHRENREICH, ESQUIRE SWE/las k AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-D Date: June 7, 2011 Regular [ ] Public Hearing [X] Consent [ ] PRESENTED BY: 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 Secondhand Dealers BACKGROUND: See C.A. No. 11-0564 FUNDS AVAIL.(5tate 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: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: F :j2ndra2 Mgt. & Budget: Purchasing: Daniel S. McIntyre Originating Dept.: 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: 11-0564 DATE: June 1, 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 Secondhand Dealers BACKGROUND: Pawnbrokers are currently regulated pursuant to the Florida Pawnbroking Act codified as Chapter 529, Florida Statutes, which establishes certain recordkeeping and holding requirements for pawnbroker transactions. Although counties may adopt ordinances regarding pawnbrokers, Section 539.001(20) prohibits a county from adopting an ordinance which is more restrictive or in conflict with the provisions of Chapter 539. Among the requirements of Chapter 539 is a thirty (30) day holding period for articles obtained through a pawn transaction and electronic reporting requirements for such transactions. Although secondhand dealers are also regulated by the State under Chapter 538, Florida Statutes, they are only required to hold articles for fifteen (15) days and do not have the same reporting requirements. Section 538.17, Florida Statutes, expressly provides, however, that a local government may enact more stringent requirements for secondhand dealers. Accordingly, the Sheriff has requested that the County amend the Code of Ordinances to establish more stringent record keeping and holding period requirements for secondhand dealers to mirror those in place for pawnbrokers. Proposed Ordinance No. 11-010 has been drafted to address the Sheriff's request. If adopted, the ordinance 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. All pawnbrokers and secondhand dealers would still be subject to annual business tax. As requested by the Sheriff, the holding period for secondhand goods would be extended from fifteen (15) to thirty (30) days. In addition, the ordinance authorizes the Sheriff to designate an electronic reporting system for transactions by both pawnbrokers and secondhand dealers. The transaction information which a pawnbroker must provide is already addressed in Section 539.011(8). A secondhand dealer would now be required to provide the same information when reporting a transaction to the Sheriff. The public hearing on the proposed ordinance was originally advertised for May 3, 2011 but was continued to June 7, 2011 in order to address comments received from pawnbroker representatives. In an effort to address those comments, the ordinance has been revised to clarify that pawnbrokers remain subject to the requirements of Chapter 539. RECOMMENDATION/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 (DEFINITIONS); CREATING SECTION 1-15.5-3 (EXEMPTIONS); CREATING SECTION 1-15.5-4 (BUSINESS TAX RECEIPT); CREATING SECTION 1-15.5-5 (RECORDKEEPING REQUIREMENTS); CREATING SECTION 1-15.5-6 (HOLDING PERIOD); CREATING SECTION 1-15.5-7 (CERTAIN ACTS AND PRACTICES PROHIBITED); CREATING SECTION 1-15.5-8 (PENALTIES); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING 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. S#rueli threugkt passages are deleted. Underlined passages 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: �ww�tiwuw _. 1177Nff E-yepy in the busi`Fess-ef 1-ice persen engaged 34 ef this pewnbrekei-rrireensed under section te the St. Lweie Geunty Sheriff the artiele, she" make menthiy Peperts ef seetien, failing te be te the al9d any pepsen make sueh Pepert shell subjeet penalty 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: Struek threugh passages are deleted. Underlined passages are added. 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 following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Consignment shop means a shop engaging in the business of accepting for sale, on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party. Pawn means either of the following transactions: (a) Buy -sell agreement means an agreement whereby a purchaser a ra ees to hold property for a specified period of time to allow the seller the exclusive right to repurchase the property. A buy -sell agreement is not a loan of money. (b) Loan of money means a written or oral bailment of personal property as security for an engagement or debt, redeemable on certain terms and with the implied power of sale on default. Pawn means any advancement of funds on the security of pledged goods on condition that the pledged goods 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. Pawnbroker 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 tea_..,-k .. ��.�..,,.�, passages are deleted. Underlined passages are added. containing the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof; or who publicly displays a sign 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 thing of value on stocks, bonds, or other securities. A pawnbroker may also engage in the business of purchasing goods which includes consignment and trade. Pledge means pawn or buy -sell agreement. Precious metals means any item containing any gold, silver, or platinum or any combination thereof, excluding the following: (a) Any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts. (bb) Any coin with an intrinsic value less than its numismatic value. (c) Any gold bullion coin. (d) Anygold, 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 regularly 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. Secondhand dealer means any person who is not a secondary metals recycler and who is engaged in the business of purchasing, consigning, or trading secondhand goods. However, secondhand dealers are not limited to dealing 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, garage sale operators, secondhand stores, and consignment shops. Strw g# passages are deleted. Underlined passages are added. 4 Secondhand goods means personal property previously owned or used, which is not regulated metals property regulated 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 paragraph, "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. 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 throughout the term of the transaction. Transaction means any title loan, purchase, or consignment 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 involving an organization or entity registered with the state as a nonprofit, religious, or charitable organization or any school -sponsored association or organization other than a secondary metals recycler subject 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. (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondhand dealer. (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. passages are deleted. Underlined passages are added. (6) Any garage 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 sales. (8) Any person who sells household personal property as an agent for the property owner or the owner's representative pursuant to a written agreement at that person's residence. (9) The purchase, consignment, 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 accepting a secondhand good as a trade-in for a similar item of greater value. (11) Any person purchasing, consigning, or trading secondhand goods at a flea market regardless of whether at a temporary or permanent business location at the flea market, unless said vendor conducts business transactions otherwise governed by the State of Florida. (12) Any auction business as defined in Section 468.382(1), Florida Statutes. (13) Any business that is registered with the state department of revenue for sales tax purposes as an antique 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 agreement that states the name, address, and telephone number of the property owner and the type of property_ purchased. 14 Any person purchasing, consigning, or pawning secondhand goods ordered by mail; computer -assisted shopping; media -assisted, media -facilitated, or media -solicited shopping; or shopping by other means of media communication, including but not limited to direct mail advertising; unsolicited distribution of catalogs; television, radio, or other electronic media; telephone, magazine, or Sti-weli thweagh passages are deleted. Underlined passages are added. newspaper advertising, 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, precious 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 Compiled Laws. Section 1-15.5-5. Recordkeeping requirements. (a) The St. Lucie County Sheriff shall designate an electronic reporting system for all pawn and secondhand dealer transactions. The St. Lucie County Sheriff shall provide copies of the electronic reporting system software to all pawnbrokers and secondhand dealers. (b) A pawnbroker shall comply with the recordkeeping requirements set forth in Section 539.001(9), Florida Statutes, including but not limited to electronic transfer to the St. Lucie County Sheriff of all pawn transactions using designated the electronic reporting system. (c) In addition to the recordkeeping requirements set forth in Section 538.04, Florida Statutes, secondhand dealers shall also comply with the recordkeeping requirements set forth in this section. (d) A secondhand dealer as defined in this article shall provide an electronic transaction of all articles of any kind purchased or received using the electronic reporting system designated by the St. Lucie County Sheriff pursuant to Section 539.001(9)(b), Florida Statutes. The electronic transaction record shall at all times during business hours be open to the inspection of the St. Lucie County cStrueli passages are deleted. Underlined passages are added. 7 Sheriff 's Office. The report shall be a full, true, and complete report of all goods wares, merchandise, or things received on deposit or purchased the previous day. The report shall contain the following_ (1) The time, date, and place of the transaction. (2) A complete and accurate description of the goods acquired, including digital images, any serial numbers, manufacturer's numbers, or other identifying marks or characteristics. (3) A description of the person from whom the goods were acquired, including; A. Full name, address, place of employment, and home telephone number. B. Height, weight, date of birth, race, gender, 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 (4) If any article has engraved thereon a number, word, or initial, or contains settings of any kind, the description of the article in the report shall contain the number, word, or initial and shall show the kind of settings and the number of each kind. (5) In the case of a purchase, the amount of money paid for the goods or the monetary value assigned to the goods in connection with the transaction. the amount of money paid for the goods or the monetary value assigned to the goods in connection with the transaction. (6) Any other information required by the Florida Department of Law Enforcement. (e) A secondhand dealer shall require verification of the identification of the seller by the exhibition of a government -issued photographic identification card Strw eugh passages are deleted. Underlined passages are added. such as a driver's license or military identification card. The record shall contain the type of identification exhibited, the issuing ageency, and the number thereon (f) A secondhand dealer shall require a seller to sign a statement verifying that the seller is the rightful owner of the goods or is entitled to sell the goods (g) Each receipt issued by a secondhand dealer shall be numbered consecutively, and if stubs are used in connection with the record of the transaction retained by the secondhand dealer, each stub shall be numbered consecutively to conform to the receipt. (h) The electronic reporting system will provide for an upload of a complete 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 reporting system of all transactions that occurred during that business day. (i) Secondhand dealers are exempt from this section for all transactions involving secondhand sports equipment, except secondhand sports equipment that is permanently labeled with a serial number. Section 1-15.5-6. Inspection of records and premises. (a) The premises and required records of each secondhand dealer and pawnbroker are subject to inspection during 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 being 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. S*rwektkreugli passages are deleted. Underlined passages are added. Section 1-15.5-7. Holding period. (a) A pawnbroker shall comply with the holding requirements set forth in Section 539.001(9), Florida Statutes. (b) A secondhand dealer shall comply with the following holding requirements: (1) A secondhand dealer shall not sell, barter, exchange alter adulterate, or in any way dispose of any secondhand goods within thirty (30) calendar days of the date of acquisition of the goods. Such holding period 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 original transaction with verification that the customer is the person from whom the goods were originally acquired. (2) A secondhand dealer shall maintain actual physical possession of all secondhand goods throughout a transaction. 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. (3) Upon probable cause that goods 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 must act, in compliance with the provisions of Section 538.06(3) Florida Statutes. However, the holding period may be extended beyond ninety (90) calendar days by a court of competent jurisdiction upon a finding of probable cause that the property is stolen and further holding 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, including responsibility for the actions of any employee with respect thereto. Stru eugkt passages are deleted. Underlined passages are added. 10 (4) All dealers in secondhand property regulated by this article shall maintain transaction records for five (5) years. (e) Subject to the requirements of Chapter 537 Florida Statutes and the restrictions in Section 538.15, Florida Statutes, a secondhand dealer may engage in a title loan transaction, and the physical possession requirements of Subsection 1- 15.5-7(b)(2) of this section shall not apply if the following 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 throughout the transaction. (3) The owner is not required to pay rent or any other charge for the use of the motor vehicle. (4) A secondhand dealer who engages in a motor vehicle title loan transaction has the right to repossess the motor vehicle upon failure of the owner to redeem the title. The secondhand dealer shall 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 through a motor vehicle dealer licensed under Section 320.27, Florida Statutes. (5) No charges other than those charges permitted in Section 537.011, Florida Statutes, shall be allowed, and such charges shall be fully disclosed conspicuously in writing, and initialed by the motor vehicle owner at the initiation of the transaction. Section 1-15.5-8. Certain acts and practices prohibited. It is unlawful for a secondhand dealer or any employee of a secondhand dealer to do or allow any of the following acts: (a) Knowingly make a transaction with any person: 6+~•h=eugh passages are deleted. Underlined passages are added. 11 (1) Who is under the influence of drugs or alcohol when such condition is visible or apparent; (2) Under the age 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 7:00 a.m. A secondhand dealer shall not conduct any transaction at a drive -through window or similar device. (c) Fail to pay any sales tax owed to the Florida Department of Revenue or fail to have a sales tax registration number. (d) Engage in both pawn transactions and title loan transactions from at within or adjoining a licensed pawn shop or secondhand dealer location. (e) Use the word "pawn" or "pawnbroker" in any transaction documentation advertising or promotional materials, signs, displays banners or other materials of any nature relating to the secondhand dealer's business. Section 1-15.5-9. Penalties. Any person violating the provisions of this ordinance, other than clerical or recordkeeping errors, 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 shall 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. Strue:rthrebgh passages are deleted. Underlined passages are added. 12 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. 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. Strueli l% passages are deleted. Underlined passages are added. 13 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman S:\atty\ordnance\2011\11-010.doc Strueli t hre ;gh passages are deleted. Underlined passages are added. APPROVED AS TO FORM AND CORRECTNESS: BY: 14 County Attorney