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HomeMy WebLinkAboutAugust 7, 20126:00 P.M. BOARD OF COUNTY CO 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, INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary; 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 Tuesday at 6:00 P.M. or as soon thereafter as possible and on the third Tuesday 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 klix 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462.1428 at least forty-eight (48) hours prior to the meeting. August 7, 2012 6:00 P.M. BOARD OF COUNTY www.co.st•lucie.fl.us www.stlucieco,org Chris Dzadovsky, Chairman District No.1 Tod Mowery, Vice Chairman District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 iiiuiiiiiiiiuiiiniiu'iiiiioiiiiiiiiiiiiiiiiiii.. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 17, 2012 regular meeting. Approve the minutes from the July 19, 2012 special meeting. A. There are no proclamations/presentations scheduled for August 7, 2012. V. GENERAL PUBLIC COMMENT VI. CONSENTAGENDA A. WARRANTS Approve warrant list No. 43 and 44. B. COUNTYATTORNEY Resolution No.12-105 — Preliminary Assessment Resolution Consider staff recommendation to adopt Resolution No. 12-105, the Solid Waste Preliminary Assessment Resolution and authorize the Chairman to sign the Resolution. 2. Ordinance No.12-017 — Permission to Advertise Consider staff recommendation to grant permission to advertise Ordinance No. 12-017 for public hearing on September 4, 2012, at 6:00 p.m. or as soon thereafter as the matter may be heard. 3. 2012 Economic Development Exemption Application — Tropicana Manufacturing Company, Inc.; Ordinance No.12-018 Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No.12-018 for a public hearing on September 4, 2012, at 6:00 p.m. or as soon thereafter as the item may be heard. B. COUNTY ATTORNEY CONTINUED 4. Request Permission to Advertise — Notice of Public Hearing — Petition to abandon a Plat known as Palm Breezes Club Phase Two recorded in Plat Book 58, Pages 1-7 Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on September 4, 2012 at 6:00 p.m. or as soon thereafter as possible. C. PUBLIC WORKS Engineering Division: 1. Mount Bethel Ministry — 37'h Street — Terminate Road Improvement Agreement and Release Surety Consider staff recommendation to authorize to terminate the Agreement and release the surety in the amount of $12,399.30 to the developer. Mount Bethel Ministry — 37�h Street— Refund of Fair Share Contribution Consider staff recommendation to authorize to return the Fair Share Contribution in the amount of $41,620.89 to the developer. 3. Regions Bank (Carriage Pointe Estates) Consider staff recommendation to approve the conditional acceptance of the off -site improvements and Maintenance Agreement, release surety in the amount of $384,821,16, and authorize the Chairman to sign documents as approved by the County Attorney. 4. MCZ Mining Permit Application Consider staff recommendation to approve to schedule the continuation of the public hearing on September 4, 2012 at 6:00 p.m. or soon thereafter to consider the request of the MCZ/Centrum Citrus Farms Mining Permit application. Road and Bridge Division: 5. Bid No.12-027, Median, Right -Of Way and Irrigation Installation and Maintenance Consider staff recommendation to approve to award Bid No. 12-027, to the lowest responsive and responsible bidder, FL&L Environmental Inc. d/b/a Forever Lawn & Landscape of Port St. Lucie, and authorize the Chairman to sign documents as approved by the County Attorney. D. HUMAN RESOURCES Revision to the Employee Flexible Benefits Plan Document and Summary Plan Description Consider staff recommendation to approve Resolution No. 12-140 revising the Flexible Benefits Plan and the Summary Plan Description. E. PARKS, RECREATION & FACILITIES Parks and Special Facilities Division: 1. River Park Marina River Boat Tour Services Consider staff recommendation to award RFP No. 12-021, River Park Marina River Boat Tour Services, to Water Lilly Cruises, Inc. as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. E, PARKS, RECREATION & FACILITIES CONTINUED 2. Museum Point Park River Boat Tour Services Consider staff recommendation to approve to award RFP No.12-031, Museum Point Park River Boat Tour Services, to COKEE/Swampland Tours as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. TRANSPORTATION PLANNING ORGANIZATION Resolution No. 12-147, Approval of Federal Metropolitan Planning Grant First Authorization for FY 2012-13 Consider staff recommendation to approve Resolution No. 12-147 to amend the County budget in the amount of $125,519 for receipt of grant funds on behalf of the St. Lucie TPO, G. ADMINISTRATION Treasure Coast Research Park 1. Bid No. 12-019 Treasure Coast Research Park Infrastructure Phase I — Stage I Consider staff recommendation to approve to reject the proposals received for Bid No.12- 019, Treasure Coast Research Park Infrastructure Phase I — Stage I, and permission to re -advertise. Administration 2. Rescission of Interim Board Chairs and Interim Board Committee Appointments Consider staff recommendation to rescind the interim appointments made at the April 17th BOCC Meeting. H. HOUSING & COMMUNITY SERVICES Housing Division: 1. St. Lucie County HOME Consortium — Consolidated Plan FY13-FY18 Consider staff recommendation to approve the St. Lucie County HOME Consortium Consolidated Plan, and authorize the Chairman to sign documents as approved by the County Attorney. 2. St. Lucie County HOME Consortium — FY13 Action Plan Consider staff recommendation to approve the St. Lucie County HOME Consortium FY13 Action Plan, and authorize the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. COUNTYATTORNEY Code Enforcement Case No. 69542, 2605 Sterling Ct, Fort Pierce, FL 34947 Consider staff recommendation to authorize a 30 day notice be sent to the property owners ordering them to mow and maintain the entire property for excessive overgrowth of grass and weeds and board up and secure all windows and doors or St. Lucie County will have it abated and place a lien on the Property. B. COUNTYATTORNEY Ordinance No.12-015 — Refueling Assistance for persons with Disabilities Consider staff recommendation to adopt Ordinance No.12-015 and authorize the Chairman to sign the Ordinance. C. PLANNING & DEVELOPMENT SERVICES Planning Division: Rezoning Request —Armando Galban Consider staff recommendation to adopt Resolution No. 12-020 approving an Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General) as outlined in the agenda memorandum. REGULAR AGENDA Vill. ANNOUNCEMENTS The Board of County Commissioners Informal Monthly Meeting scheduled for Tuesday, August 14, 2012 has been moved to Tuesday August 28 2012 at 10:00 a.m. in Conference Room #3. 2. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2012 at 6:00 p.m. in the County Commissioners Chambers. 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 11, 2012 at 9:00 a.m. in Conference Room #3. 5. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 20, 2012 at 6:00 p.m. in the County Commissioners Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TOD (772) 462-1428 at least folly -eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING DATE: July 17, 2012 Convened: 9:00 a.m. Adjourned: 10:26 a.m. Commissioners Present: Chairman, Tod Mowery, Chris Craft, Paula A. Lewis, Frannie Hutchinson Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Marie Gouin, OMB Director, Mark Satterlee, Planning/Services Director, Mille Delgado -Feliciano, Deputy Clerk and Kelly Phelan, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 3, 2012 meeting. It was moved by Com. Hutchinson, seconded by Com. Lewis to approve the minutes of the meeting held on July 3, 2012, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 12-143 — A Resolution expressing appreciation to Millie D. Feliciano for faithful service as Secretary to the Board of County Commissioners of St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 12-143 as drafted. It was moved by Com. Craft and seconded by Com. Hutchinson to approve Resolution No. 12-143, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Jonathan Ferguson, President of the Ft. Pierce Exchange Club, expressed his thanks to the Board and gave kudos to the Fenn Center staff for the success of the Chili Cook -Off. Tom Ladamirak, Port St. Lucie Resident, addressed the board in favor of progressing to the next level to expand the Port Project. Terry Brisson, Ft. Pierce Resident, addressed the board regarding the current Fire District and presented a slide show that identified the existing Fire Stations in St. Lucie 1 County. He addressed money used to staff and maintain the Fire District and proposed the closure of 6 out of 17 Fire Stations to reduce spending and increase savings. Com. Mowery responded and advised that the Fire District is a separate taxing district and the County does not control that budget. VI. CONSENTAGENDA Warrant list No. 41 was pulled from the Consent Agenda for a separate vote. It was moved by Com. Lewis and seconded by Com. Hutchinson, to approve the balance of the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved warrant list No. 42. It was moved by Com. Craft and seconded by Com. Lewis, to approve Warrant List No. 41, and; upon roll call, motion carried unanimously with Com. Hutchinson abstaining. B. COUNTY ATTORNEY 1. Ordinance No. 12-015 — Refueling Assistance for Persons with Disabilities; Permission to Advertise The Board granted permission to advertise Ordinance No. 12-015 for a public hearing on August 7, 2012, at 6:00 p.m. or as soon thereafter as the matter may be heard. 2. State of Florida Department of Transportation — County Incentive Grant Program Agreement — City of Port St. Lucie — Recession at the Request of the City The Board adopted Resolution No. 12-0137 rescinding Resolution No. 12- 092. 3. Permission to Advertise - Ordinance No. 12-015 — Amending the Code of Ordinances of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom The Board granted permission to advertise Ordinance No. 12-016 for a public hearing before the Board of County Commissioners on September 4, 2012 beginning at 6:00 p.m. or as soon thereafter as may be heard. C. HOUSING & COMMUNITY SERVICES Housing Division: 1. Neighborhood Stabilization Program 3 (NSP3) The Board approved the recommendation to enter into a contract with M.W. Patrick for the rehabilitation of 5612 Palmetto Drive under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorized the Chairman to sign documents as approved by the County Attorney, 2. Budget Resolution No. 12-139 — 10th Street — 10th Street Roadway Reconstruction Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) 2 The Board approved Budget Resolution No. 12-139, as outlined in the agenda memorandum; and authorized the Chairman to sign documents as approved by the County Attorney. Community Services Division: 3. Budget Resolution 12-141 — Community Services Block Grant (CSBG) FY13 The Board approved the recommendation to accept the FY13 CSBG grant, Budget Resolution No. 12-141 and authorized the Chairman to sign documents as approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES Airport Division: 1. Wildlife Hazard Assessment Grant - Federal Aviation Administration (FAA) The Board accepted the FAA Grant Offer (Project Number 3-12-0023-033- 2012) in the amount of $123,342 for the Wildlife Hazard Assessment,. approved Budget Resolution No. 12-134, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Wildlife Hazard Assessment Grant - Department of Transportation (FDOT) The Board approved Resolution No. 12-132 accepting FDOT JPA in the amount of $6,852 for the Wildlife Hazard Assessment, and authorized the Chairman to sign documents as approved by the County Attorney. 3. Taxiway A & B Rehabilitation; Final Change Order The Board approved Change Order No. 2 for Ranger Construction and permission to transfer funds in the amount of $73,187.86 as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 4. Airport Business & Marketing Plan Grant — FDOT The Board approved Resolution No. 12-131 accepting an FDOT JPA in the amount of $400,000 for the Strategic Business, Marketing, and GIS Survey Plan, and authorized the Chairman to sign documents as approved by the County Attorney. 5. Final Plat Approval — Drawdy Subdivision The Board approved the final plat for Drawdy Subdivision and authorized the Chairman to sign documents as approved by the County Attorney. E. PARKS, RECREATION & FACILITIES Facilities Division: 1. Public Defender HVAC Chilled Water Conversion Funding The Board approved to consolidate project funding for the re -bid of the Public Defender HVAC Chilled Water Conversion as outlined in the agenda memorandum. Parks and Special Facilities: 2. Budget Resolution No. 12-133 — Pepper Park Donation The Board approved Budget Resolution No. 12-133 to accept Charles E. Ray's donation in the amount of $250 to be utilized to provide a new bike 3 rack at Pepper Park as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 3. Waiver of Havert L. Fenn Center Rental Fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club The Board approved the waiver of $3,375 in facility rental fees for the 2012 "Choosing How I Live Life" Community Health Fair Sponsored by the St. Lucie County Boys and Girls Club to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. Parks and Special Facilities 4. Waiver of Havert L. Fenn Center Rental Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo The Board approved the waiver of an additional $750 in Facility Use Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. F. SHERIFF'S OFFICE Authorization to accept the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant The Board authorized the acceptance of the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant in the amount of $60,071. Budget Resolution No. 12-136. G. PUBLIC WORKS Engineering Division: Juanita Avenue Bridge The Board approved the recommendation to accept the Juanita Avenue Bridge. H. ADMINISTRATION Mid -Year Organizational Changes The Board approved the following: • Establishment of the Tourism and Venues Division in the Parks, Recreation & Facilities Dept. • Tourism and Venues Division staffing plan • Realignment of the Parks North and South Divisions into the Regional Parks & Stadiums Division and the Parks & Special Facilities Division • Creation of a Recreation Supervisor III position within the Parks & Special Facilities Division • Road & Bridge staffing plan which includes elimination of two positions and reclassification of two positions • Information Technology management staffing plan which includes elimination of two positions and creation of an Assistant IT Manager position OFFICE OF MANAGEMENT, BUDGET & GRANTS Grants Division: 1. Solar and Energy Loan Fund of St. Lucie County Inc. Contract Amendment 2 The Board approved the grant contract amendment to the Solar and Energy Loan Fund of St. Lucie County Inc. for the Clean Energy Program Grant and Board authorized the Chairman sign the required documents, as approved by the County Attorney. Purchasing Division: 2. Request for Qualifications (RFQ) No. 12-010, Professional Engineering Services — Port Engineering The Board approved the short-listed firms for Professional Engineering . Services — Port Engineering 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. 3. Bid No. 12-026, Transportation and Disposal of Landfill Leachate The Board approved awarding Bid No. 12-026, Transportation and Disposal of Landfill Leachate, to Okeechobee Landfill/Waste Management, Inc. of Okeechobee and authorized the Chairman to sign documents as approved by the County Attorney. 4. Bid No. 12-028, Heavy Equipment Parts and Repair Services The Board approved awarding Bid No. 12-028, pricing contracts for heavy equipment parts and repair services, to the lowest responsive and responsible bidders, Cason's Auto & Truck of Fort Pierce, Hickman's Brake & Alignment Service, Inc. of Fort Pierce, Hino of Fort Pierce, Palm Truck Centers of Fort Pierce, Total Truck Parts, Inc. of Fort Pierce and Yavorsky's Truck Service of Fort Pierce, and authorized the Chairman to sign documents as approved by the County Attorney. J. HUMAN RESOURCES CORIZON Health, Inc. Inmate HIV Medications Invoice for May, 2012, The Board approved payment of CORIZON Health, Inc. invoice number CZN000011290 for Inmate HIV medications for the FY-2012 period of May 01, 2012 through May 31, 2012, in the amount of $38,848.83. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Code Enforcement Case No. 67846- 116 Harris Street, Fort Pierce, FL- Excessive overgrowth of grass and weeds. Per staff recommendation, the item was abated, no action required at this time. B. ENVIRONMENTAL RESOURCES Shoreline Variance Request- Daniel Harrell Consider staff recommendation to approve Resolution No. 12-018, granting a shoreline variance, in accordance with Section 10.0130 of the St. Lucie County Land 5 Development Code, and authorize the Chairman to sign documents as approved by the County Attorney. Staff reviewed the details of the Shoreline Variance Request made as a result of soil erosion and advised the Board that the staff recommends approval of the petition. Dan Harrell, petitioner, addressed the board in favor of the Variance Request to prevent further erosion of his property. Com. Craft acknowledged this being a Quasi -Judicial item and informed the Board that he has had no contact with neither the applicant nor with the staff. It was moved by Com. Craft and seconded by Com. Lewis, to approve the Shoreline Variance Request and; upon roll call, motion carried unanimously. C. OFFICE OF MANAGEMENT, BUDGET & GRANTS Amendment to the fiscal year 2011-2012 budget Consider staff recommendation to approve Budget Resolution No. 12-056 amending the fiscal year 2011-2012 budget. The Budget Manager advised the Board that the Board of County Commissioner's Audit of Financial Statements has been completed. Staff calculated the Beginning Balance of County Funds and advised the Board that the new amendment would increase the current Budget to $577.5 Million. It was moved by Com. Hutchinson and seconded by Com. Craft, to approve the Amendment to the fiscal year 2011-2012 budget and; upon roll call, motion carried unanimously. D. PLANNING & DEVELOPMENT SERVICES Planning Division: Rezoning Request —St. Lucie County Utilities Consider staff recommendation to adopt Resolution No. 12-013 approving an amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential — 1 du/ac) to U (Utilities) as outlined in the agenda memorandum. The Planning Manager addressed the Board regarding one of the adjacent property owners' request that the Public Hearing on this matter to be continued to October 2, 2012 at 6:00 pm or soon thereafter. It was moved by Com. Hutchinson and seconded by Com. Craft, to approve the continuance of the Public Hearing for Rezoning Request until October 2, 2012 at 6:00 pm or soon thereafter and; upon roll call, motion carried unanimously. REGULAR AGENDA Vill. PUBLIC WORKS Administration: Port Master Plan Update Phase 1 Report Consider staff recommendation to accept the Port Master Plan Update Phase 1 Report. I The Public Works Director addressed the board regarding the outcome of the Ft. Pierce City Meeting. Jeff Widner, Florida Department of Transportation District 4, presented a slide show and discussed the results of the Phase 1 Report for the Port Master Plan. He addressed the public comments made at the Ft. Pierce City Meeting and advised the Board that the plan is ready to go to bid for infrastructure to become eligible for funding. He addressed Phase 2, the proposed scope of the project and the Project Team. Kevin Stinette, Indian River Keeper, addressed potential Port jobs, investment of money as well as needing continuing support from the State for long term dredging for the Port Project. Gwen Morris, St. Lucie County Resident addressed the Board in favor of the Port Project creating additional employment and bringing "hope" to the people of our community. Mr. Matthews, Ft. Pierce Resident, addressed the Board regarding additional jobs being created by the expansion of Cargo at the Port. Ken Roberts, Representative from the Indian River Terminal, addressed the board in favor of their approval of the Phase 1 report. He informed the Board that they are pulling out of a given market due to loss of revenue at the Port due to traffic into the Bahamas dropping significantly. He advised the Board that there is not enough money to sustain what is there currently and addressed the loss of business due to lack of deep water at the port. He assured the Board that they are not pulling out but looking to go in a new direction. Tom Ladamirak, Port St. Lucie Resident, addressed the Board regarding his desire to see small cruise ships instead of or in addition to the expansion of cargo at the Port. Charles Grande, Hutchinson Island Resident, addressed the Board regarding his knowledge of the issue at the Indian River Terminal and his concern that the discussion of this project is narrowing because there have been several proposals in the past from solid corporations each of which were turned down by the owner. He addressed the change of ownership of the property and potentially having a more receptive ownership group. In addition, he asks that the Board not rush into any decisions to accept an inferior use of the land. Com. Craft questioned if a formal application for this project had been submitted. The Public Works Director advised the Board that only one application has been submitted to the city and it was deemed incomplete. Com. Craft addressed his concern regarding comments that the Board has not been receptive to a plan when a formal application has not yet been filed. Jeff Widner, Florida Department of Transportation District 4, addressed Com. Craft's concerns. Com. Hutchinson addressed her hope to move forward with the project. She would like to learn from the past, not have past comments effect the future and is open to new ideas including educational possibilities. Com. Craft addressed maintaining the depth of the river. Com. Hutchinson addressed Infrastructure. Com. Mowery re -addressed the overall discussion of the project. 19 Com. Lewis addressed the shoaling and dredging and the scope of the infrastructure as well as the communication between the City and the County as it relates to this project. Ken Roberts, Representative from the Indian River Terminal, readdressed the shoaling issue and depth of the river as well as the potential dredging permit to do so. Com. Mowery addressed maintaining the dredging permits and the money necessary to do so. Com. Craft addressed working with that Army Corp. of Engineers to obtain an emergency maintenance permit for dredging. It was moved by Com. Hutchinson and seconded by Com. Craft, to accept the Port Master Plan Phase 1 Report and; upon roll call, motion carried unanimously. Addition: The County Administrator requested approval for leave on Monday July 23rd, 2012. She advised the Board that her leave is currently capped and in order to continue accruing leave she must take time off which she has been unable to do due to the budget workshops and preparation for the workshops. It was moved by Com. Craft and seconded by Com. Hutchinson to approve the vacation day and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 91 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL MEETING DATE: July 19, 2012 Convened: 3:00 pm Adjourned: 3:23 pm Commissioners Present: Chairman, Tod Mowery, Chris Craft, Paula A. Lewis, Frannie Hutchinson Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, OMB Director, Jennifer Hill, Budget Manager, Mille Delgado -Feliciano, Deputy Clerk and Kelly Phelan, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. ADDITION Faye Outlaw, County Administrator, addressed the Board regarding a Reclassification in Administration that was not previously listed in the budget for a Public Information Officer Manager. She also advised the Board that she will be taking a look at the Business & Concurrency function now that the Board has approved pulling Tourism from under that function and combining it with the new Division of Parks & Recreation. She advised the Board that she has had preliminary discussions and intends to further the discussion of restructuring that function. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 12-145 — A Resolution expressing appreciation to Naomi Maki with the Japan Local Government Center for choosing to visit and study St. Lucie County, Florida to learn more about its success story relating to its financial and budget challenges, organization restructuring and public/private partnerships. Consider staff recommendation to adopt Resolution No. 12-145 as drafted. It was moved by Com. Craft and seconded by Com. Hutchinson to approve Resolution No. 12-145, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT There were no General Public Comments. VI. OFFICE OF MANAGEMENT & BUDGET Approval of proposed millage rates and dates for public hearings 1 Board approval to: 1. Advise the Property Appraiser's Office of the millage rates as outlined on "Worksheet Analysis of Roll -Back Millage Rate for fiscal year 2012-2013" under the column headed "2012-2013 proposed millage". 2. Set two public hearing on September 6th and 20th 2012, at 6:00 P.M. in the Roger Poitras Administration Annex Commission Chamber. 3. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll - Back Millage rate for fiscal year 2012-2013" under the column headed "2012- 2013 proposed millage". The Office of Management and Budget Director reviewed the "Worksheet Analysis of . Rollback Millage Rate for Fiscal Year 2012-2013". She advised the Board that the 2011- 12 Total Aggregate Millage was 8.0941 and reviewed the proposed figures for the 2012- 2013 Fiscal Year as follows: • Rollback Rate: 8.3540 • Total Aggregate Millage: 8.0928 • Aggregate Millage Increase (Decrease):-0.0013 • Increase (Decrease) over Roll-Back:-0.2612 • Percent Increase (Decrease) in Aggregate Millage over Roll -Back: 3.13% The Office of Management and Budget Director advised the Board that the proposed millage rate has not changed and is exactly the same as the current year, however; the dollars have decreased based on the numbers reviewed. Staff reviewed the way the aggregate millage rate is calculated and explained that the millage rate formula is based on property values changes and different taxing districts so the millage rate is not the same. The Aggregate (average) is calculated as follows: Millage Rate x Property Values of Different Districts = $ $ _ County Wide Value = Aggregate The County Attorney addressed the Boards concern of needing a separate vote for each of the agenda items and advised the board that it is not necessary to have a separate vote. It was moved by Com. Hutchinson and seconded by Com. Craft to: advise the Property Appraiser's Office of the millage rates as outlined on the "Worksheet Analysis of Roll - Back Millage Rate for Fiscal Year 2012-2013"; set the proposed aggregate millage as outlined on the "Worksheet Analysis of Roll -Back Millage Rate for Fiscal Year 2012- 2013" under the column headed "2012-2013 proposed millage" at 8.0928; and approved the two public hearings scheduled for September 6th and 20th 2012, at 6:00 P.M. in the Roger Poitras Administration Annex Commission Chamber, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 0a CONSENT AGENDA ITEMS 07/20/12 FZABWARR FUND TITLE 001 001009 001194 001448 001450 001512 001519 001527 001534 001536 001537 001538 001539 001541 001544 001547 101 101001 101002 101003 101004 101006 102 102001 102812 107 107001 107002 107003 167006 129 130102 130103 130113 140 140372 140374 150 160 183 183001 183004 184216 185012 189101 189103 189105 189107 ST. LUCIE COUNTY - BOARD WARRANT LIST #43- 14-JUL-2012 TO 20-JUL-2012 FUND SUMMARY General Fund Gen -One Time Funding U.S. Dept of Housing & Community Residential Construction Mitigation FCTD Planning Grant Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery SRL - 10701 S. Ocean Dr. Metropolitan Planning/Section 5303 FL Energy & Climate Comm HUD Shelter Plus Care 2010 HUD Neighborhood Stab 3 Safe Routes to School Program CSBG FY12 CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% 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 Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5316 Job Access And Rev Commute ETA 5307 FY2011 Airport Fund FDOT Term/Cus Fac Ren Phs 1 FDOT Airport Security Enhancements Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FDEP S SLC Beach Restoration FHFA SHIP 2010-2011 Home Consortium FY 2008 Home Consortium FY 2010 HUD Housing Counseling Grant HUD Housing Counseling Program EXPENSES 444,516.06 168,401.50 44.96- 0.00 45.65 8,370.74 3,529.96 0.00 122.51 28,388.46 546.00 77,935.92 55.24 271.12 56.58 666.90 2,945.66 84.62 28,086.62 7,083.IV 32,043.63 117.92 8,776.85 3,837.69 283.48 68,880.03 315,466.81 18,679.70 4,385.66 5,360.90 4,107.50 658.44 518.94 151.48 21,832.02 16,684.26 18,520.25 299.49 9,492.43 3,957.88 240.00 2,193.78 17,326.00 383.39 1,989.00 18,917.34 14.28 16.04 PAGE 1 PAYROLL o 480,181.09 0.00 0.00 205.50 606.72 3,591.30 3,505.92 642.40 1,539.99 0.00 0.00 1,362.13 580.92 2,847.58 1,098.83 8,944.14 33,231.06 1,237.60 41,804.15 13,336.81 14,550.49 0.00 64,006.88 12,515.00 3,964.56 108,198.07 961.55 58,237.05 0.00 8,736.95 0.00 0.00 0.00 2,085.83 11,698.06 0.00 0.00 1,523.20 3,110.46 3,105.65 0.00 3,183.42 0.00 166.05 0.00 3,653.07 316.08 431.12 07/20/12 FZABWARR FUND TITLE 189203 190 216 310001 316 317 318 396 401 418 451 458 471 478 479 491 505 505001 611 615 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #43- 14-JUL-2012 TO 20-JUL-2012 FUND SUMMARY Hardest Hit fund Advisor Services Sports Complex Fund County Capital I&S Impact Fees -Library County Capital County Capital -St Revenue Share Bud County Capital -Transportation Bond Lennard Road 1 - Roadway Capital 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 Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Bank Fund GRAND TOTAL EXPENSES 31.03 12,076.48 1,202.00 4,789.37 4,150.00 1,500.00 19,880.00 38,685.68 550,285.30 21,464.43 398.00 48.48 1,354.51 85.34 80.18 2,015.67 210,478.10 368.73 14,889.20 1,718.40 217,387.26 2,449,085.10 PAGE 2 PAYROLL 653.05 18,764.53 0.00 0.00 0.00 0.00 0.00 0.00 47,368.50 15,253.10 4,533.14 665.13 7,141.18 1,172.77 1,086.23 17,309.37 1,188.25 4,929.37 2,450.61 0.00 0.00 1,017,674.86 07/27/12 FZABWARR FUND TITLE 001 001009 001519 001534 001538 001541 001542 001544 001547 101 101002 101003 101004 101006 102 102001 107 107001 107003 107006 129 130102 130103 130104 130213 140 140001 160 162 183 183004 183006 188 190 310001 316 316001 401 418 471 479 491 505 505001 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #44- 21-JUL-2012 TO 27-JUL-2012 FUND SUMMARY General Fund Gen -One Time Funding CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CSBG FY12 D.J Wilcox Coastal Access & Restora CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant 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 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund ETA 5307-ARRA 2009 Capital Projects FTA 5316 Job Access And Rev Commute FTA 5317 New Freedom Enhanced Servi FCTD Trip and Equipment Airport Fund Port Fund Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund Bluefield Ranch Improvements Sports Complex Fund Impact Fees -Library County Capital 5th Cent Fuel -Capital Sanitary Landfill Fund Golf Course Fund No County Utility District-Operatin No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 399,810.79 2,416.00 203,220.75 278.34 86,159.52 8,103.19 5,550.00 288.96 6,639.43 800.00 39,186.69 10,876.15 4,104.07 3,196.25 19.92 37,559.83 126,576.94 2,726.88 11,460.51 30,198.76 125,049.60 943.02 443.61 397.58 13,281.77 2,318.97 148.80 1,909.43 7,632.08 2,878.56 1,825.00 15,321.98 0.89 13,357.74 2,093.81 2,559.50 955.25 220,063.49 16,044.33 15,746.20 14,000.00 7,367.56 337.37 22,758.95 65.94 9,866.66 1,476,541.07 PAGE 1 PAYROLL 2,748.00 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 0.00 796.80 0.00 0.00 0.00 3,544.80 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: County Attorney ITEM NO. VI-B.1 DATE: August 7, 2012 REGULAR[] PUBLIC HEARING (] CONSENT [XX] PRESENTED BY: Katherine Barbieri Assistant County Attorney Resolution No. 12-105 - Preliminary Assessment Resolution See attached memorandum PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 12-105,the Solid Waste Preliminary Assessment Resolution and authorizethe Chairman to sign the Resolution. COMMISSION ACTION: [C] APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM iR and Approvals i County Attorney: Management & Bt 14 Purchasing: _ Daniel S. McIntyre rie Gouin Originating Dept. Solid Waste Mgr.: Public Works Dir.: n Roberts Finance: (Check for copy only, If applicable) Don West Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO.: 12-0749 DATE: June 26, 2012 SUBJECT: Resolution No. 12-105 - Preliminary Assessment Resolution J341C(htT411P1DIP Pursuant to Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, the St. Lucie County Board of County Commissioners (the Board) has the authority to impose annual assessments for solid waste (garbage and recycling) collection, disposal and administrative services, facilities or programs against certain property within St. Lucie County. On September 14, 2004, the Board initially levied recurring assessments on residential properties within the County Solid Waste Urban Service Area for the purpose of including solid waste fees on property tax bills. This method of collection is in lieu of the garbage hauler billing property owners directly for garbage and recycling services. The purpose for this action is to provide residential property owners and occupants proper, safe and cost effective disposal of residential waste and recyclable materials generated on such property. The attached Resolution No. 12-105 authorizes the Board to impose assessments for solid waste services for the fiscal year commencing October 1, 2012 at a rate of $252.06 per dwelling unit, directs the County Administrator to prepare a preliminary assessment roll for said fiscal year to be collected using the uniform method of collection on the 2012 property tax bill, and establish a public hearingto be held on September4,2012 at 6:00 p.m. or as soon thereafter as may be heard. The rate of $252.06 per dwelling unit remains unchanged from last year. The Property Appraiser has prepared 2 Final Assessment Rolls: 1. Assessment Roll "A" contains residential properties within the County Solid Waste Urban Service Area at the 2012 assessment rate of $252.06 per dwelling unit. 2. Assessment Roll "B" contains residential properties within the County Solid Waste Urban Service Area that were erroneously omitted for the 2011 assessment. Previous Action: January 13, 2009-The Board approved advertising the Requestfor Proposalsfor Residential Solid Waste Collection Services. May 12, 2009-The Board awarded RFP No. 09-020to Waste Pro of Florida, Inc. for an initial period of 5 years. RECOMMENDATION/CONCLUSION: Staff recommends the Board adopt Resolution No. 12-105, the Solid Waste Preliminary Assessment Resolution and authorize the Chairman to sign Resolution No. 12-105. Respectfully submitted, Katherine Barbieri Assistant County Attorney KB/caf Attachment Attachment "1" ST. LUCIE COUNTY, FLORIDA PRELIMINARY ASSESSMENT RESOLUTION SOLID WASTE ADOPTED: August 7, 2012 TABLE OF CONTENTS Page SECTION1. AUTHORITY............................................................................................................1 SECTION 2. PURPOSE AND DEFINITIONS........................................................................1 SECTION 3. LEGISLATIVE DETERMINATIONS.............................................................11 SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES ...............14 SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS..................................................................................................15 SECTION 6. ASSESSMENT ROLL.........................................................................................16 SECTION 7. AUTHORIZATION OF PUBLIC HEARING................................................17 SECTION 8. NOTICE BY PUBLICATION............................................................................17 SECTION9. NOTICE BY MAIL...............................................................................................17 SECTION 10. EFFECTIVE DATE...............................................................................................18 APPENDIX A.DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICEAREA..................................................................................................A-1 APPENDIX B. FORM OF NOTICE TO BE PUBLISHED.................................................................. B-1 APPENDIX C. FORM OF NOTICE TO BE MAILED......................................................................... C-1 RESOLUTION NO. 12-105 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND RECYCLABLE MATERIALS IN THE COUNTY SOLID WASTE URBAN SERVICE AREA OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY; DETERMINING THE SOLID WASTE COST AND THE PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Preliminary Assessment Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires; "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the Residential Waste and Recyclable Materials collection and disposal services, facilities or programs identified in the Preliminary Assessment Resolution. 1 "Assessment Roll" means the special assessment roll relating to a Solid Waste Service Assessment approved by a Final Assessment Resolution, 'Biomedical Waste' means any solid waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non liquid human tissue and body parts; laboratory and veterinary waste that contain human -disease -causing agents; discarded disposable sharps; human blood and human blood products and body fluids; and other materials that in the opinion of the Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes, "Biological Waste" means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. "Bulk Items" means items that require special handling and management because of their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and furniture. "Bulk Items" must have been previously used by the customer at the Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste. "Collection Service" means Residential Waste Collection Service and Recyclable Material Collection Service, "Commercial Property" means all Improved Property other than Residential Property. "Construction and Demolition Debris" means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land -development operations for a construction project including such debris from construction of structures 2 at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes; 1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; 2. Except as provided in s. 403.707(9)(j), Florida Statutes, yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects; 3. Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and 4. be minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. "County" or any like term, means a political subdivision of the state established pursuant to s.1, Art. VIII of the State Constitution and, when s. 403.706(19), Florida Statutes, applies, means a special district or other entity. "County Administrator" means the chief executive officer of the County, or the designee or designees of the County Administrator. "County Solid Waste Urban Service Area" means that portion of the unincorporated area of the County described on Appendix A. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "DOR Code" means a property use code established in Rule 121)-8.008, Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County. 9 "Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid batteries, used oil, any material for which there is no legally permitted disposal or storage facility within the County. However, tires on rims, rims, small boat and auto parts under 50 Ibs are not exempt. "Final Assessment Resolution" means the resolution adopted in which Solid Waste Service Assessments are imposed which shall confirm, modify, or repeal the Preliminary Assessment Resolution and which shall be the final proceeding for the annual imposition of Solid Waste Service Assessments. "Fiscal Year" means that period beginning October 1st of each year and ending on September 30th of the subsequent year. "Garbage" means all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food material. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for which Collection Service is provided hereunder. The term "Household Waste" does not include Exempt Waste or Bulk Items. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Residential Waste or being capable of generating Residential Waste. "Improvement Codes" mean the property use codes assigned by the Property Appraiser to Tax Parcels within the County. "Preliminary Assessment Resolution" means the annual resolution adopted in any year in which Solid Waste Service Assessments are imposed which shall be the initial proceeding rd for the identification of the Solid Waste Cost for which an assessment is to be made and for the imposition of a Solid Waste Service Assessment. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Multiple Single -Family Attached Units" means single-family dwelling units constructed in a series, row, or group, including four units or more with common walls or separate walls abutting each other, separated by a nominal space of not less than two inches, or which have an independent entrance. "Owner" means the Person reflected as the owner of Assessed Property on the Tax "Property Appraiser" means the St. Lucie, County Property Appraiser. "Recyclable Material" means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste. "Recyclable Material Collection Service" means the process whereby Recyclable Material is removed from a Dwelling Unit, processed and marketed by Contractor. "Residential Property" means a parcel of Improved Property on which a Single -Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that "Residential Property" does not include (A) property on which a Mobile Home is located that is classified as either "PUD," "HIRD," "R&211, "CG," "CN;' "Co," or "RVP" under the County's zoning regulation, or (B) a parcel of property on which more than one Single -Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares a common wall with one or more other Dwelling Units on other parcels of property not under common ownership. Residential property shall not include any County owned property. "Residential Waste" includes Household Waste, Yard Trash and Bulk Items. "Residential Waste -Collection Service" means the process whereby Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility. A "Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage, which are usual to housekeeping; also any bottles, cans or other containers not containing Garbage. "Single -Family Residence" shall mean a Building that contains a single Dwelling Unit. "Sludge" includes, the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. "Solid Waste Service Assessment" means a special assessment lawfully imposed by the County against Assessed Property to fund all or any portion of the cost of the provision of Residential Waste and Recyclable Materials collection and disposal services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the Assessed Property. "Solid Waste Cost" means the amount necessary to fund the County's collection and disposal of Residential Waste and the recycling activities of Recyclable Materials that are allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or facilities provided by the County, or through contractual arrangements with the County relating to Residential Waste and Recyclable Materials management, collection and disposal activities; (B) the cost of any indemnity or surety bonds and premiums for insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (D) the cost of computer services, data processing, and communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid or delinquent fees or charges advanced by the County and due for Residential Waste and Recyclable Materials management, collection, and disposal services, programs or facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or other professional services; (H) all costs associated with the structure, implementation, collection, and enforcement of the Solid Waste Service Assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the Tax Collector or Property Appraiser; (I) all other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the Solid Waste Service Assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the Board; (J) a reasonable amount for contingency and anticipated delinquencies and uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any R other Person for any monies advanced for any costs incurred by the County or such Person in connection with any of the foregoing items of Solid Waste Cost. "Solid Waste Disposal Facility" means any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. "Tax Collector" means the St. Lucie County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Triplex" shall mean a Building that contains three Dwelling Units. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "White Goods" includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard Trash" means vegetative matter resulting from yard landscaping maintenance and land clearing operations and includes associated rocks and soils. SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained, determined and declared that the Solid Waste Costs provide a special benefit to the Assessed Property based upon the following legislative determinations: (A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125,01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render county services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of County ordinances and resolutions, (B) In addition to its powers of self-government, the Board is authorized by section 125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a portion of the unincorporated area. Additionally, the Board derives authority to impose 7 Solid Waste Service Assessments from the home rule power of counties in Article VIII, section 1(f), Florida Constitution, section 125.01, Florida Statutes, and specifically section 125.01(1)(r), Florida Statutes. (C) This Resolution authorizes the imposition of Solid Waste Service Assessments within the County Solid Waste Urban Service Area. (D) It is fair and reasonable to use the Improvement Codes and DOR Codes to apportion the Solid Waste Cost among parcels of Assessed Property located within the County Solid Waste Urban Service Area because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and number of Dwelling Units for Improved Property within the County Solid Waste Urban Service Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is consistent with the coding of parcel designations on the Tax Roll which compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Assessment Collection Act. (E) Pursuant to section 403.706(1), Florida Statutes, the County has the general responsibility and authority to provide for the collection and transport of Residential Waste and Recyclable Materials generated within its unincorporated area to appropriate Solid Waste Disposal Facilities. (F) The existence of any Building or other improvement on Improved Property results in such property generating Residential Waste and Recyclable Materials or being capable of generating Residential Waste and Recyclable Materials. (G) Whether imposed throughout the entire County or a portion thereof, the imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the Residential Waste and Recyclable Materials management, collection, and disposal costs experienced by the County among the parcels of Residential Property within the County Solid Waste Urban Service Area. (H) The size or value of Residential Property does not determine the scope and cost of Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such property. The use of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs are driven by the existence of a Dwelling Unit and the average occupant population. 91 (I) Apportioning the Solid Waste Costs for Residential Waste collection and disposal services provided to Residential Property within the County Solid Waste Urban Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll data base, is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of apportioning Solid Waste Costs. (7) The use of the uniform method of collection authorized in the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal service, facilities, and programs allocable to specific parcels of Assessed Property within the County Solid Waste Urban Service Area. (K) The annual Solid Waste Service Assessment to be imposed pursuant to this Resolution shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (L) The Solid Waste Service Assessment imposed pursuant to this Resolution is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provision of the Uniform Assessment Collection Act and the Interlocal Agreement with the Property Appraiser shall be construed as ministerial. (M) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs furnished by the County provide a special benefit and possess a logical relationship to the use and enjoyment of Residential Property by providing; (1) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs to the Owners and occupants of Residential Property for proper, safe, and cost effective disposal of Residential Waste and Recyclable Materials generated on such property, (2) better service to Owners and tenants, (3) the enhancement of environmentally responsible use and enjoyment of Residential Property, and (4) the protection and possible enhancement of property values and the health and safety of the Owners and occupants of Residential Property resulting from the uniform delivery and availability of such services, facilities, and programs, (N) It is hereby ascertained, determined, and declared that each parcel of Assessed Property will be benefitted by the County's provision of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs in an amount not less than the Solid Waste Service Assessment upon such parcel computed in the manner set forth in this Preliminary Assessment Resolution. VJ SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES. (A) Upon the imposition of Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal against Assessed Property located within the County Solid Waste Urban Service Area, the County shall cause Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments. (B) The provision of comprehensive Residential Waste and Recyclable Materials management, collection, and disposal services and programs furnished by or through the County Solid Waste Urban Service Area to Residential Property enhances and strengthens the relationship of such services and programs to the use and enjoyment of Residential Property within the County Solid Waste Urban Service Area. SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS. (A) The Solid Waste Cost to be assessed and apportioned among benefitted parcels for the Fiscal Year commencing October 1, 2012, is approximately $4,943,149. The approval of this Preliminary Assessment Resolution determines the amount of the Solid Waste Cost. The remainder of such Fiscal Year budget for Residential Waste and Recyclable Materials services and facilities shall be funded from available County revenue other than Solid Waste Service Assessments. (B) For the Fiscal Year in which Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. A rate of assessment equal to $252.06 for each Dwelling Unit for Residential Waste and Recyclable Materials management, collection, and disposal services is hereby approved for the Fiscal Year commencing on October 1, 2012. In addition to the Solid Waste Service Assessments for Residential Waste and Recyclable Materials for the Fiscal Year, the Solid Waste Cost due from any property for prior Fiscal Years which is delinquent shall be assessed against such Residential Property. (C) The rate of the Solid Waste Service Assessments established in this Preliminary Assessment Resolution shall be the rates applied by the County Administrator in 10 the preparation of the Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2012, as provided in Section 6 of this Preliminary Assessment Resolution. SECTION 6. ASSESSMENT ROLL. (A) The County Administrator is hereby directed to prepare, or cause to be prepared, an Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2012. Such Preliminary Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the County Solid Waste Urban Service Area conforming to the description contained on .the Tax Roll, (2) the name and address of the Owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the Preliminary Solid Waste Service Assessment for Residential Waste and Recyclable Materials management, collection, and disposal services. The Preliminary Assessment Roll shall be open to public inspection. The foregoing shall not be construed to require that the Preliminary Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. Such Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. A separate Assessment Roll containing the above information shall also be prepared for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years. (B) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services (1) is a fair and reasonable method of apportioning the Solid Waste Cost among parcels of Assessed Property and (2) is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs which are allocable to specific parcels of Assessed Property. SECTION 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on September 4, 2012, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A) receiving and considering any comments on the Solid Waste Service Assessments from affected property owners and (B) authorizing the imposition of such Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal and collection on the some bill as ad valorem taxes. 11 SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall publish a notice, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notice shall be published not later than August 13, 2012 in a newspaper generally circulated in the County. SECTION 9. NOTICE BY MAIL. The County Administrator shall provide notice by first class mail to the Owner of each parcel of Assessed Property that was subject to the Solid Waste Assessment for the first time, is being assessed for a delinquency in the payment of the Solid Waste Cost for prior Fiscal Years or as otherwise required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notices shall be mailed not later than August 13, 2012, For purposes of the Solid Waste Assessment, the amount of the assessment levied in Fiscal Year 2012-2013 shall be deemed the maximum rate authorized by law. SECTION 10. EFFECTIVE DATE. This Preliminary Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this _ day of 2012. (SEAL) ATTEST: By: Deputy Clerk 1K BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 32 Chairman APPROVED FOR FORM AND CORRECTNESS: By: County Attorney APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA The County Solid Waste Urban Service Area is described as that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run southerly along 5alvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. 13 APPENDIX B FORM OF NOTICE TO BE PUBLISHED To be published on or before August 13, 2012 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissioners of 5t. Lucie County, Florida (the "Board") will conduct a public hearing to consider imposing solid waste special assessments against certain improved residential properties located within the County Solid Waste Urban Service Area to fund the cost of solid waste management, collection, and disposal services, facilities and programs provided to such properties and to authorize collection of such assessments on the tax bill. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 4, 2012, or as soon thereafter as the matter may be heard in the 5t. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record Is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact Dan Lutzke, ADA Coordinator at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $252.06 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice shall be $252.06 per dwelling unit. Copies of the assessment roll, showing the amount of the assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. 14 The assessments will be collected on the ad valorem tax bill to be mailed in November 2011, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the County at (772) 462-1631, Monday through Friday between 8:00 a.m. and 5:00 p.m. [INSERT MAP OF COUNTY] FAYE W. OUTLAW, MPA, ICMA-CM County Administrator Ri APPENDIX C-1 AND C-2 FORM OF NOTICE TO BE MAILED 16 APPENDIX C-1 ******NOTICE TO PROPERTY OWNER****** ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS St. Lucie County 2300 Virginia Avenue NOTICE DATE: 2012 Owner Tax Parcel # Address Legal Description: City, State, Zip As required by Section 197,3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (garbage and yard waste collection) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefitting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area is estimated to be $4,943,149. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the non -ad valorem special assessments being imposed on the above parcel for the fiscal year beginning October 1, 2012. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is dwelling units. The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2012-2013 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on September 4, 2012 or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County 17 Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Dan Lutzke, ADA Coordinator at (772) 462-1546 or telecommunications device for the deaf at (772) 462-1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board's action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107, Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL***** IN APPENDIX C-2 * * * * * NOTICE TO PROPERTY OWNER * * * * * ST, LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 Owner Address City, State Zip 51 . LUGIE CUUN I Y, FLOKIUA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 13, 2012 NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE ASSESSMENT FEES DUE FOR FISCAL YEAR 2011-2012 (OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013). As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (garbage, recycling and yard waste collection and disposal service) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefitting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services, The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area for "uncollected" solid waste service assessment fees is estimated to be $4,943,149. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the solid waste service assessments that were erroneously not collected for the above parcel for the fiscal year beginning October 1, 2012, This amount is in addition to the solid waste non -ad valorem assessment for the fiscal year beginning October 1, 2012, The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is dwelling units. 19 The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2012-13 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on September 4, 2012, or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Dan Lutzke, ADA Coordinator at (772) 462-1546 or telecommunications device for the deaf at (772) 462-1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board's action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107 Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. 20 If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL***** 21 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO. VI-B.2 DATE: August 7, 0212 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney Ordinance No. 12-017 - Permission to Advertise See attached memorandum RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No.12-017 for public hearing on September 4, 2012, at 6:00 p.m. or as soon thereafter as the matter may be heard. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Review and Approvals County Attorney: {�� Management & Budget Daniel S. McIntyre Originating Dept. Solid Waste Mgr.; CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Purchasing: County Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine D. Barbieri, Assistant County Attorney C.A. NO.: 12-0817 DATE: July 16, 2012 SUBJECT: Ordinance No. 12-017 - Permission to Advertise BACKGROUND: The Florida Legislature has amended Chapter 162, Florida Statutes, making it necessary to amend Article III (Code Enforcement Board) of Chapter 1-2 (Administration) of the Code of Ordinances of St. Lucie County, Florida, to be consistent with the Statutes. Attached to this memorandum is a copy of draft Ordinance No.12-017 which amends Section 1-2-27.2 (Notice) to be consistent with Chapter 162, Florida Statutes. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No.12-017 for public hearing on September 4, 2012, at 6:00 p.m. or a soon thereafter as the matter may be heard. Respectfully submitted, &// Kotherin arbieri Assistant County Attorney KB/caf Attachment ORDINANCE NO. 12-017 AN ORDINANCE AMENDING ARTICLE III (CODE ENFORCEMENT BOARD) OF CHAPTER 1-2 (ADMINISTRATION) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY AMENDING SECTION 1-2-27.2 (NOTICE) BE CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations. 1. The Florida Legislature has amended Chapter 162, Florida Statutes. 2. It is necessaryto amend Article III Code Enforcement Board of Chapter 1-2 Administration of the Code of Ordinances of St. Lucie County, Florida, to be consistent with Chapter 162, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE III CODE ENFORCEMENT BOARD OF CHAPTER 1-2 ADMINISTRATION Article III Code Enforcement Board of Chapter 1-2 Administration of the Code of Ordinances of St. Lucie County, Florida, is hereby amended as follows: Section 1-2-27.2 Notice. (a) All notices required by this part must shaff be provided to the alleged violator by: (1) Certified mail to, parag -mph to the owner of the property I i eitiestion at the address listed in the tax collector's officefor tax notices, orto and at any other address provided by the property owner in writing to the local government for the purpose of receiving notices. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the date of mailing by such other owner zmel is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2. and byfirstelass (2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or Undefted passages are added. -1- ., „�g„passages are deleted. (3) Leaving the notice at the violator's usual place of residence with any person residing therein who is above fifteen (5) years of age and informing suhc person of the contents of the notice; or (4) In the case of commercial premises, leaving the notice with the manageror other person in charge. (b) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (1) a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements. b. Proof of publication shall be madeas provided in F.S. §§50.041and 50.051. (2) a. In lieu of publication as described in subparagraph 1-2-27.2(2)(a)1, such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, at the front door of the St. Lucie county Courthouse or the St. Lucie County Administrative Center. b. Proof of posting shall be by affidavit ofthe person postingthe notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (3) a. Notice bypublication or posting may run concurrently with, ormayfollow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection 1.2- 27.2(1). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection 1.-2-27.2(1), together with proof of publication or posting as provided in subsection 1-2-27.2(2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance Underrined passages are added. -2- 5beekNrengitpassagesaredeleted. 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 D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie Countywithin ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky XXX Vice Chair Tod Mowery XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX Commissioner Paula Lewis XXX 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", or "article", or other appropriate words, and the sections ofthisordinance may be renumbered or reletteredto accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of ATTEST: Deputy Clerk 2012 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: ❑ndeAned passages are added. -3- 5h.dRh en5h passages.mdeleted County Attorney Underlined passages are added. -4- 5hadeMron�h passagesare tlele[etl. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-8.3 DATE: August 7, 2012 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2012 Economic Development Exemption Application - Tropicana Manufacturing Compony, Inc.: Ordinance No. 12-018 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 12-018 for a public hearing on September 4, 2012, at 6:00 p.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: (Xj APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 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 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 12-0820 DATE: July 17, 2012 SUBJECT: 2012 Economic Development Exemption Application - Tropicana Manufacturing Company, Inc.; Ordinance No. 12-018 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 low, a copy of which is attached. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the Board of County Commissioners of St. Lucie County to grant a local economic ad valorem tax exemption. Also attached is Resolution No. 03-258 adopted on October 28, 2003 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses Attached is an application f iled by Tropicana Manuf acturing Company, 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, Tropicana 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 $39,585,830. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $340,954.00. According to the Property Appraiser's analysis, Tropicana made a total new investment of $39,585,830.00, including improvements to real property and taxable personal property. The application also reflects that eleven (11) St. Lucie County residents will be employed by Tropicana. On June 21, 2011, the County Administrator sent a letter to Mr. Pelton concerning the Tropicana project. A copy of the June 21, 2011 letter is attached. Based on the June 21 letter, it appears that Tropicana would receive a five (5) year exemption, phased as follows: Year 1 - 100% Year 2 - 80% Year 3 - 60% Year 4 - 40% Year 5 - 20% Also attached is a copy of draft Ordinance No.12-018 which, if adopted, would grant Tropicana an economic ad valorem tax exemption for a period of five (5) years. RECOMMENDATION/CONCLU5ION: Staff recommends that the Board: 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 12-018 for a public hearing on September 4, 2012. 0SM/caf Attachments ORDINANCE NO. 12-018 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR TROPICANA MANUFACTURING COMPANY, INC., 65W GLADES CUT- OFF ROAD, FORT PIERCE, FLORIDA, AN EXISTING 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 TROPICANA MANUFACTURING COMPANY, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT TROPICANA MANUFACTURING COMPANY, INC. MEETS THE DEFINITION OF AN EXPANSION TO AN EXISTING 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.12-018 "Economic Development Ad Valorem Tax Exemption - Tropicana Manufacturing Company, 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 Tropicana Manufacturing Company, Inc., 6500 Glades Cut -Off Road, Fort Pierce, Florida, in accordance with the following exemption phase out schedule; Year 1(Fiscal Year 2012-13) 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 Tropicana Manufacturing Company, Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current f iscal year from ad valorem tax sources is $114,851,173.00. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $67,139.00 Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $ 340,954.00. ARTICLE IV Expirationate The Economic Development Ad Valorem Tax Exemption granted to Tropicana Manufacturing Company, Inc., an existing business shall be for five (5) years from the date of Board adoption of this Ordinance. ARTICLE V Find[ The Board of County Commissioners of St. Lucie County, Florida, finds that Tropicana Manufacturing Company, Inc. meets the definition of the expansion of an existing 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 Tropicana Manufacturing Company, 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 Tod Mowery XXX Vice Chair Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this_ day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney BOARD OF COUNTY COMMISSIONERS June 21,2011 Mr. Larry Pelton Economic Development Council of St. Lucie County 1850 SW Fountainview Boulevard, Suite 205 Port St. Lucie, Florida 34986 Re: Letter of Intent — Project Zeke Dear Mr. Pelton: COUNTY ADMINISTRATOR FAYE W. OUTLAW, MPA St. Lucie County is pleased to present to Project Zeke an estimated economic development business Incentive package based upon a $51,500,000 capital investment and the creation of 11 new jobs with an average hourly wage of $18.65. Job Growth Incentive Grant Assuming the company hires 11 new employees over the next three years at an average hourly wage of $18.65, the company is eligible to receive a Job Growth Investment Grant (JGIG), which is estimated at $18,150. It is anticipated the grant would be phased over a two year period. The number of employees to be hired during each year of the two year period and the amount of annual JGIG grant payment would be negotiated and Included in the grant agreement between the County and the company. Tax Abatement Prorrram It is our understanding that Project Zeke will be expanding its St. Lucie County facility with the intent on making a capital investment of $51,500,000 for buildings and new equipment. The current fiscal year estimated value of a tax abatement calculated over a five-year period on a declining basis is $447,278 based upon current tax rates. To be eligible for ad valorem tax abatement, the applicant must submit a request on an Economic Development Ad Valorem Tax Exemption Application form once a certificate of occupancy Is obtained. The applicant's request is submitted to St. Lucie County Property Appraiser for review and report. Approval of any request for tax abatement is subject to a public hearing by the Board of County Commissioners. CHR15 DZ&DOV5KY, Dimkr No. 1 • TOD MOWERY, DW60 No. 2 • PAULA A. UEWIS. Dfutla No. 3 • FRANNIE HUrCHIN50N. Dimes No. 4 • CHRIS CRAFT, DWNo No, 5 Couvy AdfnKWWw - roye W. atgt w, MPA 2300 Vlrginlo Avenue a Fort Pierce, FL 34982-5652 a Phone (772) 462-1453 a TDD (772) 462-1428 FAX (772) 462-2131 a email: ourlow(®srlucleco.org web site: www.stiucleco.org Project Zeke Incentive Summary Job Growth Incentive Grant $18,150 ($9,900 year one; $8,250 year two) Property Tax Abatement $447,278 (current fiscal year estimated value) Page 2 St. Lucie County appreciates Project Zeke considering expanding its facility here in St. Lucie County and potentially creating 11 new jobs for our citizens. We look forward to a long and mutually beneficial relationship. Sincerely, Faye W. Outlaw, MPA County Administrator Copy to; St. Lucie County Board of County Commissioners Daniel Mcintyre, County Attorney Lee Ann Lowery, Assistant County Administrator Mark Satterlee, Planning and Development Services Director % MEA�DEAN Dean, Mead, Minton & Zwemer 1903 Soulh 25th Sheet, Suite 200 P.O. Box 2757 (ZIP 34954) Fort Pierce, Florida34947 772AB4-7700.772-562-7700 772-464-7877 Fax www.deanmead.c0m February 24, 2012 VIA HAND DELIVERY Michael Brillhart Special Projects Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Tropicana Manufacturing Company, Inc./Project Zeke Dear Mr. Brillhart: Attorneys and Counselors at Law Orlando Fort Pierce Viera Gainesville W. LEE DOBBINS 772-464-7700 x. 6715 Idobbins@deanmead.00m Enclosed is Tropicana's Economic Development Ad Valorem Tax Exemption Application for the above -referenced project. If you need any further information from me, please do not hesitate to call me. Thank you again for your help. WLD:av Enclosure Cc: Steve Lezman (via e-mail) Scott Davis (via e-mail) Fa13e5780 e t regards, / Vz W. Lee Dobbins A Member of ALFA international - The Global Legal Network 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 ResoureelDisester 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: Tropicana Manufacturing Com an Inc. Mailing Address: 6500 Glades Cut -Off Road city/zip Fort Pierce, FL 34181 2. Name of person in charge or owner of Business: _John Ekufu. PI ant Manager Talephon,No.: 7( 72 ) 465-2030 Pax No.: 7(' 489-3304 3. Location of Business (legal description and street address) of property for which this report is filed: 6500 Glades Cut-off Road Fort Pierce 34981 see legal description attached as Exhibit "A". 4. Date Business opened or will open at this facility: ME—` "" 5. a. Description of the improvements to real property for which this exemption is requested: Expansion gf-tw partoof Pr9ductiOn-11"'a- b, Date of commencement of construction of Improvements: Avril 2011 - 6. a. Description of the tangible personal property forwhich this exemption is requested and date when property was, or is to be, purchased: Original Taxpayer's Fstimate Taxpayers Appraiser 's A e g Date of Value of Condition Estimate of Use Only Class or Item purchase Cos Fair Market Condt0m coca ary rao Pui Ex ansion New 12 2011 4 0 X X $938,108.00 Buildinxo Equipment Na 12 Packaging Expani ion Buildings He 7 2011 0 X 6 8 0 00 E ui Mont New 7 2011 $40 163,000 X 1$40,163,000 Total 47 926 601. 47,926,601 14 Updated 03.10.2009 b. Average Value of Inventory on hand: $86 017 480 00 c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire an exemption as a: "New Business" [ ] or as an `Exemption of an Existing Business" (x] 8. Describe the Type or Nature of Your Business: Produe4ng and packaging Tropicana juice products - 9. Trade Level (check as many as apply): [ ] Wholesale (xj 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 11 (2) Increase in productive output resulting from this expansion See section 11 (3) Number of St. Lucie County residents employed by Business 11 c. Average hourly wage $18, 65 11. Sales factor for the facility requesting exemption: Total sales In Florida from this facility —one (1) location only N/A divided by total sales Everywhere from this facility— one (1) location only N/A = over 50x 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of Incorporation in Florida: N/A it, Number of full-time employees at this location: N/A 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 be has any knowie e DATE: `d �7- R �l'2 SI v (�; (Preparer) SIGNED: ,— W Lee. Vnb6r^x- 8xpay0r)John gkufu (Preparer) TITLE: Plat Mana¢er 15 Updated 03.102009 77z- 46`1 - 77oa (Preparer's Telephone Number) OR HOOK 2698 PAM 722 THENCE SOUTH 00"28'15' EAST, ALONG SAID WEST LINE, AND SAID SOUTH L[NE, A DISTANCE OF 2.50 FEET; THENCE NORTH 89"39119" EAST, DEPARTING SAID WEST LINE, AND ALONG SAID SOUTH LINE, A DISTANCE OF 3SO5.99 FEET TO THE NORTHWEST CORNER OF THE PARCEL OF LAND DBSCRISM IN OFFICIAL RECORD HOOK 2M PAGE 691, PUBLIC RECORDS OF SAID COUNTY; THENCE DEPARTING SAID SOUTH LINE SOUTH 24004'05" OF 1SOMMM TO A u SobTK 0 2MWr EAST, A-99MANC'E OF 7149-FBSFTA'A POINT ON4,PAO-- TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1064.23 FEBT, THE RADIUS POINT OF WHICH HEARS NORTH 86004' IS EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11007' 13'. AN ARC DISTANCE OF 206.56 FELT; THENCE SOUTH 19'4746" EAST, A DISTANCE OF 245.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF GLADES CUT-OFF ROAD (COUNTY ROAD NO.709. A 100 FOOT WIDE RXNff-OF-WAY); THENCE SOUTH 44041,481, 164" OFFICIAL RECORD BOOK 752, PAGE 2269, PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 891SY451 WEST, DEPARTING SAID WEST LINE, NE, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF IS19.63 MET; E wr pw_L OR BOOK 2698 PAGE 723 THENCE SOUTH 00001'SS" WEST, DBPARTING SAID NORTH RIGHT-OF-WAY LINE, ALONG THE WEST LINE OF SAID OFFICIAL RECORD BOOK 752, PAGE NORTH, AND IDS OF S PAST A S RIGHT -OF- A LINE FOR T TB 1AS FOLLO (11) ORTH 1' " , DISTANCE OF55.00 ; 9• , A . 1 FBBT; S 9901 WEST, IST OF S 89°42'23" WEST, A DISTANCE OF 1115.2E FEET; THENCE NORTH 0001737" WEST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 89.4223" WEST, A DISTANCE OF 392.10 FEET; THENCE NORTH 86OW460 WEST, ADISTANCE OF 462.90 FBET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 336.00 FEET; THENCE WESTERLY, NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 85"12V5", AND AN ARC DISTANCE OF 499.65 FEET; THENCE • I :/' ' I' • 1'i' M:1 1:1 • • • • . 1 MPig IMI 11w, • 1 1 I • P •. •. i •' •11 • II '1:1 M wr�i �.1� .dam Tca.,_t11 .•:1 h:�'. /IIIb �I• :1i1 OF BEGINNING. CONTAINING 310.73 ACRES, MORE OR LESS. o D% pw PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 114,8511173 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 25s�93 0F 42,146 T P P zv �R � 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: 11 730 RE 329 224 TP P 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: J , 36 mo Tangible Personal Property: 38,224, 030 S. 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 [ J, as an Expansion of an Existing Business [, or Neither [ ]. 6. Last year for which exemption my be applied: 2016 DATE: 719/0 SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10.07-03 - H:IECONOMICIADVALOPEMW'PLICATION 17 L3LC�L�MCG JUL 09 2012 COUNTY ATTORNEY , ORDINANCE N0. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF Z 1,71 C THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, CD FLORIDA, SY CREATING ARTICLE V (ECONOMIC 0(~D DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELINING TO CL ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC m z e DEVELOPMENT IN THE COUNTY; ESTABLISHING AN ° k o EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR o �i CERTAIN MEN AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; w N n SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION WITH SUCH PROPERTY; PROVIDING FOR WWI I CONFLICTING PROVISIONS; SEVERABILITY AND o APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION ro �0)� mom WHEREAS, the Board of County Commissioners of St. Lucie n County, Florida, has made the following determinations: O c x 1. 1. Section 196.1995, Florida Statutes, provides the Board of W rt n 00 County Commissioners may hold a referendum granting Economic x c rt Development Ad Valorem Tax Exemptions under Section 3, Article VII 0 1 Mcn of the State Constitution. W, 2. This Board believes that amending Chapter 1-19.3 GiG n (Taxation) of the Code of Ordinances of St. Lucie County, Florida, ro m � n Qby creating Economic Development Ad Valorem Tax Exemptions for a M G 1 new or expanding business is in the best interest of the health, N t `J safety and public welfare of the citizens of St. Lucie County, O Florida. 0 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: StFe_,_ thEeegh passages are deleted. Underlined passages are added. 1 TART A. -AMENDMENT OF CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Reculations of St. Lucie County, Florida." Section 1-19 3-52. Enactment and Authority. Pursuant to Section 3 Article VII of the State Constitution and in accordance with Chapters 125 163 192 196 and 214, Florida Statutes and Florida Department of Revenue Rules Chapter 12D-7, Florida Administrative Code incorporated municipalities and counties individually or in combination are authorized and empowered to adopt amend or revise and enforce an ordinance relating to economic development ad valorem tax exemptions, after the electors of such municipality or county, voting on the cuestion in a referendum authorize the adoption of such ordinance, passages are deleted. Underlined passages are added. 2 O x 0 O x 0 OD N W N 0 .Section 1-19 3-53. Jurisdiction. The area subject to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19 3-54 Puroose and Intent. The public health safety comfort economy, order, convenience and general welfare reguire the harmonious orderly and progressive development of new business and expansion of existing business within Florida and its incorporated municipalities and counties In furtherance of this general purpose counties by Chapters 125 163 192 196 and 214 Florida Statutes and Florida Department of Revenue Rules Chapter 12D-7 Florida Administrative Code are authorized and empowered to adopt amend' or revise and enforce measures relating to economic development ad valorem tax exemptions for new business and expansion of existing business. It is the intent'of this Ordinance to secure or to ensure: 2. 3. StEask threeo passages are deleted. Underlined passages are added. 0 x 0 0 x N 0 N 4. 5. 6. Section 1-19.3-55. Definition of Terms. The following words phrases and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code,_ except where the context clearly indicates otherwise: 1. Applicant - Any person or corporation submitting an Economic Development Ad Valorem Tax Exemption application to the Board. 2. Board - The St Lucie County Board of Commissioners. 3. Business - Any activity engaged in by any person, corporation or company with the obiect of private or public gain benefit or advantage either direct or indirect. 3.1 New Business - a. A business establishing 10 or more jobs to employ 10 or more full-time employees in this County, which manufactures, processes, Streeirc through passages are deleted. Underlined passages are added. 4 0 x m 0 0 x 0 00 W b c� to N 01 0 W compounds fabricates or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; b. A business establishing 25 or more lobs 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 year the exemption is claimed No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection or c. An office space in this state owned and used by a corporation newly domiciled in this County• provided such office space houses 50 or more full-time employees of such corporation• provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. passages are deleted. Underlined passages are added. I N W ro 7 d. Any business located in an area designated enterprise zone that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. 3.2 Expansion of Existing Business a. A business establishing 10 or more lobs to employ 10 or more full-time employees in this County which manufactures, processes, compounds fabricates or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant, --Or b. Any business establishing 25 or more 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 year the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business resulting in a net increase in employment of not less than 10 percent or Str-aele through passages are deleted. Underlined passages are added. 0 z 0 0 0 x 0 CD N W ro m 0 N 0 N an increase in productive output of not less than 10 percent. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection b. c. Any business located in an enterprise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3_3 Business engaged in retail operations - a business engaged in a sale to a consumer or to any Person of an item of tangible personal Property for any purposes other than for resale. 4. Department - The Florida Department of Revenue. 5. Improvements - Physical changes made to raw land. and structures placed on or under the land surface. All Personal Property acquired to facilitate an expansion of an existing business provided that the prrsonal 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 r � — -gh passages are deleted. Underlined passages are added. 0 z 07 0 0 x 0 OD N W ro m taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period (See Section 220 15 0 ). Florida Statutes for specifics of computation). Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding business which may be granted or refused at the sole discretion of the Board. To aPP1Y for such an exemption a business locating_ or expanding in the co=orated or unincorporated area of St Lucie County must file an application (Florida Department of Revenue Form DR-418. - See Attachment 1) with the Board. Satisfactory Proof that the business meets the criteria for exemption as a new business or expansion of an existing business as defined by this Ordinance must accompany the APP1-cation. 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. StEuek through passages are deleted. Underlined passages are added. 0 0 0 0 x 0 OD w ro Y 0 N at 0 J -the Property Appraiser shall report to the Hoard concerning the fiscal impact of granting exemptions. The Property Appraiser's Report shall include the following: 2. 3. 4. After consideration of the report of the Property AApraiseri the Board may choose to adont an Ordinance granting the tax exemption to a new or expanding business The Ordinance shall be adopted in the same manner as any other ordinance of the County. The Ordinance shall include the following information: 1. 2. 3. 4. The name and address of the new or expanding business. St-aek th-eugh passages are deleted. Underlined passages are added. 9 0 w 0 x N W V G) tm 5. Section 1-19.3-58. Fees. Fees charged to offset the cost of processincr the Economic Development Ad Valorem Tax Exemption Application or any Exemption ordinance shall be adopted by the Board by resolution. Section 1-19 3-59 Eligible Business or Industry Any business or industry, as defined in Section 1-19.3-55, Paragraph 3.1 and 3 2 that does not qualify as an ineligible business or industry as defined in Section 1-19.3-60. When considering the issue of whether or not a business or Industry is an elicrible 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. Stuek thr-eugh passages are deleted. Underlined passages are added. 10 0 ro 0 0 0 x 0 OD N W Section 1-19 3-60 Ineligible Business or Industry. Any business or industry in violation of any federal. state or local law or regulation governing environmental matters such as air, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to grant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is subiect only to iudicial review pursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any.reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. passages are deleted. Underlined passages are added. 11 0 z 0 0 0 x 0 OD N W ro c� N F� 0 PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ""ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. passages are deleted. Underlined passages are added. 12 0 z w 0 0 x 0 N W ro m 0 m 01 N N PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSIPIUU . / ST. LUCIE COUNTY, FLORIDA... D CHAIRMAN / .`ice �:1<4"�•�'� '�� v ;;�; f �".. •'• • - APPRO AS TO FORM s;.v="'`J passages are deleted. Underlined passages are added. 13 OD W b M m mound _ ECONO DEVELOPMENT AD VALOREM..:.: KEMPTION Chapter 196. Florida Stamaes ' N M+Nw ;,an IM 4)n nl CpuMY C[mmtllpMn, In[ prim,.. ..[n p11M mVN[IMllry. b.Wn. ns INv tMn M[nn 1 In, IM YWrtM.LlmNlw X MI4. le Yx) Nncl. t. Ruupw wma aril h1aN.. wu.wr Y MWp NN Mm[)nC MwnM[wmw/p10nMl pr p[nw In CMT o11nX WxnM: ww TlgxpM Numwr a. E"t L•pllw (Let.' Dentlp4pn •rip Slml MNNq -1 hpp[nY 1.1 wW d. tMl nbm 11 IINpI m a. Data You b.pn, ar OdIl begin. bunnw Of M61»)IItY: 6 ). Oneed"On of the Ime/pren enU le NN xmparly for Oehkd tbx beemp40n x mounted b. DN• of vemmaMwlml e+...... of lmprwemenNr C. L Daalalptlon of the bgtaa wnsnal rrwarry IUI wMwh tWx axam•Ilpn If nwwap mp tin Wnn pnnnY real, br Y la be, purbeel TA%PAYERR 'S RITOF TAXPAYERS DATE CONDITION ESTIMATE OW or ORIGINAL FAIR MARK CLAIM, OR ITEM AG[ pURDNASE COTY �'' VALYC b APPRAISER'S [9 a USE ONLY ,1 ry I 1 AeaIM Value Of IWYMIpry on Wm.: amp.., pan A MYppDpMl rNY net Ixwwh 1.... IMW w eMmplU[ 4 blNmea Pon, 1, pn Ivm DR.Db IT..NNe pomp.., ft.M The RnuN) .w. bwY pNW bed to NX loam. T. DeYwwGn..")n».-Maw WelWm"❑ aI».n'Gw»Pori .1.n LRYIIM RbIMu"❑ .. DMNM iM TYp eYwbn b+YWlRbinbt: E. TM• U[[I (C.. be m[nY N.pplY): R.W. ❑ W.&.,. be.nV+»b4nE O Platefuls.., ❑ C[niH ❑ Gma[ ❑ Dlb., G M .. WnIMra11u144mu amNSYw nMwnNeYN In P1exW W. 11 )n WMMIen of W epXtlM ebinnl: (lI Net the en. in E d...Ym)nl Or (Y) Incr[n[ rn a,..V ten. O n[ul\rM nOm In,,.....[rnn it. b.In nN011p tn.l[[III\Y naYN4M.YmplrOn: T.n, ulN In FlOnoa from NX In111tY-On. (1) Inflation only plWviO by Total sale ereryan•n nNn MR IKIIIty4niv ft) IWlln Only • y M Pon eNlndefeat .pries and Yma by a nmpn4an Mount, domiciled In Flodda: e. Dan pnMsnon4.n rn non.: IMmMr PVu4m..mpb.[Mat..btln: 3. 1. haddeall., I. W.i\.IOntp. In.4um Or.1Y11WInge, wluenln Iuan..a11unN In/.Im)1nn a1 npVlna by the County Commotion.Gy C.mmlulen. e1 Ph...y AbpnXN. I n.n.r nwNl m. aaoe4.n OI n erdl..M. Naming .n exemption from .a .N.mm taxation On the )one. pleatnty punu.m 1. ann.n 111.19's. IInde LNbeF I afn. la hyn6n Wv. Olne nuw.Ne In»mrNl.n u the a..M o1 ....IY DommgNpnn, the wrnnln )pnanlY .I In. m....1.1hy..1 N. Pn> CR} Np.XN mp rill.... In M.'d 1. theWtmpllpn r»umw nmin. I ..nCy nn,ry that theInf.rmNlan W a glualon ae.lto Jp..Y me Y tn.. eomvt. IN aempl.N I. Me On1 el mY RnaxlnN no .1.1. 111 pnp.na by u.mnM ether than Ina I....... Mt seal/glom 1..uN.n NI In1.rmWim o1 wrl[n .e Ye any k.pwl.Me.) DATE; SIGNED: (ammo SIGNED: QYOYtq (pnpner•1 Aoenul TITLE: p'npafn'I Telephone Number PROPERTY APPRAISER'S USE ONLY L T. nran[t anllaM.le lnt epVnl>al munl[Ip111tY ,aline euntnl ,,reel Ynr ,rime. W1./.m l)n rpurt.e: W R.[Nue Ibl 1p In. ceunlY or or md.,ipNllY ror the c:rtnn116o1 Ynr by rirb. el Wemollom pnrl....... nnO ..meal.. t.wlon: RI. EWmN. at In. nr.nVa MMeh wOula O. I., 1. in. ceunlY or mVnlGpnitY dullne he [ullelll 1e.1 Yaar 11 Na e.empllan )In".. 1., x.le ante,.. n.O IM beet m mr rhWh the .[emeuon X ..YnNll mnnwX. 0... WOleff In n[wone M. E.OmN..1 the lauNe -OI-- Ipt to 1-11.n11 or munlnpN,ly 11 In. W.mpll.n »p4sa I., wore Rw•r.r.mWY\O .,I Oby S. i.I"Y V, / Wr•.e lermrn1 a Ca Fria prppellY Ill^O .Ogre m..lt Ine Oellnllron l: 0ellnea aY S.CIiOn 11f.al2llt) OI IISI. Flprn. 5lalulel 11 ! N[w xYlrnnl L.,,, R.EPwnr.n diem Emuml DY.rnm u ... ntnn.. G . YI. Len YNr m..mrn [.tmplrpn m.r p[ ep'.... MTE; SIGNED: SETURN TO HE FILED NOT LATER THAN MARCH 1 ATTACHMENT I OR BOOK 0 8 2 3 PAGE 2 6 14 _ GENERAL INFORMATION Under the consitutionul 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 vote in a referendum to allow exemptions lot that city or county. Section )96.1995, Florida Statutes, requires that a referendum be held if: 0) The Board of County Commissioners or goveming authority of a municipality (city or county commission) votes to hoic such a referendum. or (2) If the county or city commission receives a petition sipped by ten percent of the registerea voters of the county or city. This referendum question can then be placed before the voters of a city or county at any regular election or special election called for voting on tile 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 lobs. (b) A business with more than 507e 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 corpo- ration. (The above are applicable if the business is on a site clearly separate from any other facility owned by tit same company,) (A) Any business located in a slum or blighted area as defined by Section 163.355. Florida Statutes. Expansion of an Existing Business (a) A ma�acturer coal aadsa minimum of ten new employees and increases employment by 10% or increases productive output by a minimum of 107e. (b) A business with more than 50%of its sales outside the State that adds a minimum of 25 new er- ployees and increases employment by I D% 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. C 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 the application to the count Noperly appraiser for review. After the property' appraiser makes the report as to the fiscal intpacl of granting the exemption, the county or city commission shall then adopt an ordinance in the usual mannet-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. 'fhe exemption can only be for the improvements to the real property and for tangible persona) property. The land on which the new or expanding business is to be located will still be taxed ant, tie, •s must be paid on it. The action taken by a city or county commission can only exempt the taxes paid to that governmental body. A city can only exempt its taxes: a county can only exempt its taxes. All other taxes must be paid. This exemption shall first apply to the 1961 assessment rolls, MI•n ln.a•O(rl, "am.. datum, "slum one's, in... It ..... m sa....N DI puimm9s setImpoeememt. ensumarr I. agam".l .1 an.. be .A. o1 a lun,lgtlem, a unicer.11., .P i mipl•INMPN O"noonuN DION!IOn sot ram"..• pant. •11. Nml.beo, .1 own IrocN. In , Nlatr OI DpDulalon and oxercrovoing. cot ex. wl.nc. o1 wn owundlaem, wnl[n r Inc o..1. way Dvb.. o• t.,a., a , o' tYC. I.CDIt'1! t n of O,IN14. ,nl.ndlVn a;,.netimlr e.11.1fa , an Clime and i) e.trlmtnes, or Ins owes, Malin. 'i moles e tansw.11na. ■1 n8. a e. In ei losseslossessr. . IV.n.el.., r1VmD.I011 jum. snarl• Y t.d. so efl.Il(se.tlna Mu"V Ias .rid someltl M � an enr Ills oI o.oNltY oY flit or Nnrr . .1sMits O1 ones DI In. robowmo lane" argues, iwnan11.1.1 Impair! .1 In Vnd eowre DI . suli or Vnl.,P.IIly and ,1 . o.n.N to ins Pudic eanm, N sir, it.1mes, wilco In III..an, Conmtleen ano we, �) P!ademinann DI Dafannr m iwaeowle 51 e•tl You,; W1 F.V4Y lot fYDul in Nsllon to I@., ad Nury..[mllelliry oa 01 ununn.fYancesonditio ■o-wnnnen PI col, In In , I-mwe. "I MI Tax o If., oria .1 drlmm.ntY ex. N•eing to. lair urine of urera: Iurn ed ncrystals,el n D ..l[ror Mwl tondllepnn1 life,.. st Iot MiMrPI sits we'ra,, i....u.Iearw o N.emntra[ aua. IN".. 101.0110). Flenda 5lalunl . Failure ID omlNn±n Kbr rustle, ` of any v falls 1 ..'rua 1 . a w II Pl llot .."Ptlnn lo, mil rue. .at... 116.01.1N) one 1151. FIorIM 5raluln, l.lw) gN.w eminrs" ..an,: a1{ es butm[N NNellsmno 10 or an .e ...! tD NaNPY 10 1u11i1m< amen..... I.,,.wn1 C INnultst Yrin. p1.syss, [ foci L.rlcnn, ferddu-I m u leeml VI 1 I.no.'ar Mrl,.1,...I. muse O.... xmItA ,omp�)lon mm.l.al o, monuuclu Ino rynl, o, STATUTORY DEFINITIONS Ill Any business ftleossrunq a5 or move IOps 10 Gmmee 25 ptnumemm in< co-. play FWI.1. Inf Nfee l Lto1 0l w1ga. e...thee as, 1. 211.7113), 1 ( IM li[IIIIY en", nernall 1. wmcn 11 Nolrnu an on,cossro., a wlopmrm ao ve101• o see IVITO110n 1. 1-1 I1.. 0.50 lol..In y.ee\M. a.m.... II Matti OI (1) Any o sees. In FIOna. own..... w.. oY. GO.po...... . owly apm,W leo In Hessler aironasp . t 5D n 1u111Ime e 1- 1 O IMI I.s. pth,nfN O 1n1pt91n.effis- ,flon On . slue, CINIIY ..pw... trOm any one, I imat n ew NYena ownee br In. a.m. Ipxmb.. l.) Any ou.Innes, W.0 a In en up OMI... re.. .turn Ov sellers. ... orre to 1.163.355. Fear In. pYlloole OI Inn sentient, last farm, ..yo ... or at"fe.. l MII nos in. Nme mNninq As In 1.1QA1011)ana (91. I]5) A.p.nn on,sfflumnlnq so Imm�"mNm: (e) AO0.1 mon.11 mn9lus-lumel mnspus In recopy. 50 a ..r.s. emvloyen - Fleelpa, w meor PonYlat, I.le<nNt, 1 .1 pm9l.t. looms s el else wo m. Nn semi m shun wee p.nenel " oelly al f l ore IONllvn ens win<n eempn.es rot mawlnn or commas wmq pure: Dl (b) Any pVll.1 ore 0llsnlnq e. p e ebb. 11 .mwpY 25 Or I. f IWn11I .,'In.. 1 214.711 wnme . et fallen , s ne. by 1. 216JI1a1 .. m< bGlOry wen ,Npe<t I. wmcn II ...m. an ..boom IC o. v.50 m,nl a u: seemouon 13 I'll m,n Oso m, eat" v +� commitps,em pions.. that such ounnnl Increase, o store r„a ills ow wen a t tirl OI 1nOu31- e u.I n ownee se n I. employment melt of I suiting In i net .r mpl. 1. ens o not INu ul Intel 10 to n nl misuses In plaOutnM oY1pYt pl np11N3 loan 10 NI[.nl, 6[cllon J1s.11(i 1, FIO... 51.....s -..n) F."., 13) TM Nln eastern is a 11,1IIM no n O1 OI w n is me Was sale, OI ref N..'s, in eel) 11.11 riesesere. to, 1 1 YN, e, ..,uo ... to. O r" ilol OI wnl[n .Hitt I.e., else of In. IuorYer everywn- Outing the taxable Y.n or IXnee. 1.11. 5nes .1 .1mute1e -s .net atonally ere 1. rots 11.11 11 Inc plp,l o<y itNllvf Ne el ln.a qD to C cencneler Mtnln (felt at.,.. resists) of sets f.o.e, ..for el Nov Nneulent el me use. 2. WMn nrus "Wt o CaUx p 1,Y. CepNn .IIM for. orounn-Mt of. pl.youl rim..• to . coowullH, Or De . 9rowa•wmclD.ns I. a Fiona. prONiiol. In. Wee I. Liar IDI lesi ono^ n W teen d". M1WI Col.... tip erns" pIOCN toe .MII p. IM forma an IM Nl.. ISstet I., I;e, rene, •eenl ...an, NNIns'u r OI II Oisen. Tl fefsanml tc. e.plm p N1Nn[.pm . r n011armelme Io o A 1.11 In. Conllo.n11.n,y o tM N6 1s e1 in, pir..".e. {gall N INnlle.e . free le .11 p e arows ounteranly anrt Il MI seen wNn mince In total NYSN Year. 2. AilmbwNmml.l a11pre. lMeel.n o[inert Ogled pit... CODs.fsI1N, . NpwawMm. ser of . Cobwnllw, es, i p.r coo a wnemm rrin of Oe anm.o . use wnnm to. title. (.1 So.. DI . llnanClas .....lartlOn. InCl Wlno. our gel Imu..0 to, is ... lno .no Nvinp Inllllu' seem. InrRimenl Cempankt. l..1 .1.1. Ineall. meal 11.114, ma "re.mP Ceme.mn, lose M m Ins, INu II ecnNd from; 1. Feel. Cammin.,inl. e1 01 M1.1 CgmpnNllpn I., 11ruanG.1 ... rlC., Isolate. wltnin Iml 11.11- 2. Grin, pwuu I,m rnom9 m na., os l pints ..corm. afNl n.wm coco lmn l. 3. Imernl and .lvmm.e nalwe wumn tits .at.; C. Inlercel Ostroff to Consomme at PSCO e' business mentalities, wnnm this seal* let NrrYln[ ..col ..ones, .1 mature .eel sense. wNeom e.' utl.on OI tits tpm mcure. ,n lnY�n9 men d. ano; and S. An, rise., 9,.e, ,moms fs,sul.no Ire- Ins opiranno as a llnanual organization w11n1n If,$ seals. In cgmpu ins 1 t*levies . n this ngaepn 1a vm ia cop., O' .. Nnbnep arue 1e.1eNmln.e t YMe, . lSW V) rl Inc Must as Pon-- Co... but wllnoN v soften. 1. wn.ine, are, f ........so 11 an "In<IYw01e CNppretlon" uMtl s. )50.(0) .1 !or m eamss as -a... Coss) Its- moles, m[mne. n1 men .rasp snsn of mere... on lr to In. ..:en! out. smei e.Psss ssNMb .11M vss,p<nl elect., vel.l.e literal.. 009E HOW £ le 8 0 NOOK NO UNINWARMUMOMMI G 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 November 5, 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. i 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; 2 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 fifteen (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 COMMISSIO ST. LUCIE COUNTY�FA g ; Clerk Cho' n 3 4 Ad Valorem Tax Exemption Program St. Lucie County The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed to assist economic development through exempting certain 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 Victoria Stalls, Economic Development Analyst, at (772) 462-2536. Table of Contents I. Program Intent If. Enactment Authority III. Definition of Terms IV. Qualification for Tax Exemption — "Do You Qualify for a Tax Exemption" V. Application for Exemption VI. Exemption Application Process VII. Contact Source for Assistance Attachments A. State Application, County Supplemental Application, Annual Report Forms B. Economic Development Ad Valorem Tax Exemption Ordinances: Ordinance #92-24 C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S. D. St. Lucie County Tax Exemption Guidelines I. Proaram Intent The St. Lucie Board of County Commission, in Florida believes that local government should support economic growth by providing an incentive for County employment opportunities that will lead to the improvement in the quality of life for County residents, positive expansion of the economy in terms of new jobs and improvements to real and personal property, and creating jobs in such a way so as not to disadvantage existing businesses while recognizing that productive competition fosters economic growth. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding businesses, which may be granted at the sole discretion of the Board of County Commissioners. Incentives could be provided to businesses of diverse industries that would have a positive impact on the County's economy. Any exemption granted may apply up to one hundred percent (100%) of the assessed value per Section 9 and Section 12 of Article 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. Enactment Authors 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. Business — Any activity engaged in by any person, firm, partnership, corporation, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. C. Coun — St. Lucie County. D. Department — The Florida Department of Revenue. E. Expansion of an Existing Business: As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing Business means: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an Enterprise Zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of 4 not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprise Zones. F. Extraordinary as determined by St. Lucie Board of County Commissioners. G. Improvements — Physical changes made to raw land, and structures placed on or under the land surface. H. New Business - As defined in Section 196.012(15), Florida Statutes, a new business means: A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or 3. An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or 4. A business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same Business. Property within a Community Redevelopment Area (CRA) — Any property located within a CRA created pursuant to Section 163.330, et.seg. Florida Statutes where a portion of the County tax revenue will go directly to the CRA. J. Real Property — Shall be defined in Section 192.001, Florida Statutes. K. Sales Factor — As defined in Section 220.15.(5), Florida Statutes, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this State during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. L. State - State of Florida. M. Tangible Personal Property — Shall be as defined in Section 192.001, Florida Statutes. 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 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. G. Expansion of an Existing Business As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220,15(5) Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an enterprise zone that increases operations on a site collocated within commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprises Zones. H. The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. I; Property acquired to replace existing property shall not be considered to facilitate a business expansion. J. No exemption shall be granted for the land upon which new or expanding businesses are to be located. K. The ability 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. 0 V. Application for Exemption A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must file with the County's Economic Development Division, an application prescribed by the State Department (Form DR-418, and County Supplemental application. B. The application requests that the County adopt an ordinance granting the applicant the exemption and includes, at a minimum, the following: 1. The name and location of the new business or the expansion of an existing business; 2. A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvement and estimated completion date; 3. A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased. 4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in Section III; 5. The following information: (a) anticipated total number of employees and new employees; (b) expected number of employees who will reside in St. Lucie County; (c) average wage of employees (excluding the top executive's salary); (d) type of Industry or business; (e) environmental impact of business; (f) anticipated volume of business or production; (g) whether relocation or expansion would occur without the exemption; (h) cost and demand for services; 10 (i) source and supplies (local or otherwise); Q) 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. 11 VI. Exemation Application Process The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be filed with the St, Lucie County, Economic Development Division, by a representative of the company. The threshold for eligibility is whether the Business meets the definition of a new business or of an expansion of an existing business as defined in Section III, and one which is not an ineligible Business or industry. The County will take action on the final application, including the enactment of the required ordinance should the County decide to grant the exemption, within ninety (90) days from the date that a fully completed final application is accepted. During this 90- day period, interested agencies and parties will have an opportunity to review and comment on the application. To impact the November tax bill, the final application must be submitted by March 1 st of the same year. The following steps provide the applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax Exemption process and requirements. Step 1: Preliminary Application Submittal: It is recommended that anyone contemplating whether to file an exemption application must first contact the County's Economic Development Division, and request a meeting to assess the feasibility of filing an exemption application and acquire assistance in completing the preliminary application. Step 2: Submission of 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 Eliaibility and County Commission Resolution: The County Economic Development Office will accept and review the application for preliminary eligibility. The Economic Development 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's Economic Development 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 EDD: Within a 90-day period, copies of the application are to be reviewed by the St. Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's Office for review and comment. The Property Appraiser will review the application and provide in writing the fiscal 12 impact of granting the exemption, sign the State application, and forward to St. Lucie County Economic Development Division's Office. As required by Florida Statute the Property Appraiser's report will include the following: 1. The total revenue available to the County for the current fiscal year from ad valorem tax sources or an estimate of such revenue if the actual total available revenue cannot be determined; 2. The amount of revenue lost to the County for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined. 3. An estimate of the amount of revenue which would be lost to the County for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and 4. A determination as to whether the property for which an exemption requested is to be incorporated into the new business or the expansion of an existing business, or into neither, which determination the Property Appraiser shall also affix to the face of the application. Upon request, the Department will provide the Property Appraiser such information as it may have available to assist in making this determination. St. Lucie County staff will review a copy of the application. The EDD staff will conduct an economic impact analysis and forward its comments to the County Administrator. Step 6. Preparation of the Exemption Ordinance: The Economic Development Division will forward to the County Attorneys Office for preparation of the Ordinance and for scheduling the exemption application and ordinance, including the report from the Property Appraiser, the economic impact analysis from the Economic Development Division, and the County staff recommendation to be considered by the St. Lucie 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 13 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. See wage and investment. Then go to attachment Chart A which defines the exemption guidelines for determining the tax exemption percentage per year for property located outside a CRA area or Chart B is for property located within a CRA area. Property located outside a CRA area will have the tax exemption on both Real Property and Tangible Personal Property while a property located within a CRA area will have a tax exemption on Real Property Only. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. 14 VII. Contact Source for Assistance Exemption applications are available at the County's Economic Development Division in the County Office on 2300 Virginia Avenue, Fort Pierce. Inquiries on the tax exemption program will be handled by this County Division. However, the Property Appraiser's Office will handle inquiries that pertain to Property Appraiser information only. An applicant/agent who is trying to determine the viability of filing an application should contact St. Lucie County Economic Development Division. St, Lucie County Economic Development Division 2300 Virginia Avenue Fort Pierce, Florida 34982 (772) 462-1550 phone (772) 462-1579 facsimile Larry Daum, Economic Development Mgr. Victoria Stalls, Economic Development Analyst 15 St Lucie County Ad Valorem Tax Exemption Program Program Guidelines New or Existing Business — Number of created Points 25-49 5 50-99 7 100-199 9 200+ 10 Note: Existing business must be a minimum of 10% increase in employees to qualify Average Hourly Wage Rate for New Employees Points Less than $12.00 per hour -4 90% of average - $12.00 per hour 2 Average - $13.34 per hour 4 25% above the average - $16.68 per hour 6 50% above the average - $20.00 per hour 10 100% above the average - $26.68 per hour 12 Capital Investment Points $150,000 — $1,000,000 2 $1,000,001 - $5,000,000 4 $5,000,001 and up 6 Scoring - see Attachment I Adjustment Consideration #1: The St Lucie County Commissioners may consider an individual or company documentation indicating that the business is going to be critical to attracting other key businesses of that industry cluster; in those incidences, program guidelines may be adjusted on a case -by -case basis. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. Revised 10128/03 16 o000000 ag9s a Y Nq a�C�ea�a� O O� R R ae-ppaaoe N O V N N Y o q o 0 0 0o eCp oGp epp ¢�p�, eCp q Y n 000RSS$ �aeae85 N N O O $ a` Y o a a a a a p pp pp pp OO N V N N N N N a 9 $ E " 000aooa 000aooa g 000aooa � 000aooa X W L $ Y V a 8e ¢��'e � O a o e aae de S�5��$� 8 SH8888 WE 2 p c > O 90 N � �C o �w gi�$8i 8i SggSBgg ------- J Y ------- N Q UE g z b a G 4 m a g N N e D N � Ny 6 C l Z h q N N W N N O 1 d c i f N N h N N rKKKK-/ K;K «Kf■«KK . , 2 ° q!#§ !r®«_■§i { � `, !!K$§§ k 91 f§ Kr(#;!/ !!§§§( ---®!- °aaae22 Z , 2 (R( § Kk§§§§§ ! | . -!„a 2E22222 ! „ 8888888 � « „ ® §k§§#§! ------$ $§§§§§§ ) } | § | ! § , k k :}}}kj! :-�2!R $ St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues ANNUAL REPORT Applicant Name: As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County Commissioners no later than January 31 of each year the exemption is desired. 1. Business Name: Mailing Address: city/zip 2. Name of person in charge or owner of Business: Telephone No.: (_) Fax No.: (_) 3. Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was purchased: (Provide this information on State form DR-405 (Tangible Personal Property) b. Average Value of Inventory on hand: 7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ ] [ ] Yes [ ] No 8. Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [ ] Wholesale (] Manufacturing [ ] Professional [ ] Office [ ] Service [ ] Other 10. a. Number of new full-time employees employed in St. Lucie County, Florida: (1) Increase in productive output resulting from this expansion % (2) Number of St. Lucie County residents employed (3) Total number of hours worked during calendar year of exemption l (4) (5) Total gross wages paid during calendar year of exemption (less the top executive's salary) Number of employees prior to filing for an exemption _ 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility— one (1) location only divided by total sales Everywhere from this facility —one (1) location only 12. For office space owned and used by a corporation newly domiciled in the state of Florida: a. Date of incorporation in Florida: b. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County, Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information for which he has any knowledge.) DATE: SIGNED: SIGNED: (Taxpayer) TITLE: (Preparer) (Preparer) (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. 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: 2. Estimate of the taxable value lost to the County: Improvements to real property: DATE: SIGNED: Tangible Personal Property: (Property Appraiser) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY Total number of employees: Current hourly wage: RETURN TO BE FILED NO LATER THAN JANUARY 31 10-28-03 - HAECONOMIMI)VALORMAPPLICATION St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92.24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: Telephone No.: (_) 3. Authorized Agent: Address: Telephone No.: Fax No.: (_) Fax No.: (_) 4. Type of Industry or Business: 5. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g, air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): 7. This relocation or expansion would not occur without the exemption 8. Source of supplies (local or otherwise): Flo source of supplies County: % source of supplies Florida: _ % source of supplies out -of -State: Yes [ ] No[ ] 9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ] Name of area: I hereby confirm the information provided by to the Board of County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm that is not in violation of any federal, State or local law, or regulation governing environmental matters: DATE: SIGNED: (Preparer) SIGNED: (Taxpayer) (Preparer) TITLE: (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staff's recommendation: Date: Signed: (print name and title) 10-07-03 - H:\ECONOMIC�ADV ALOREM�SUPPLEMHNTAL APPLICATION St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03.258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: Telephone No.: (_) 3. Authorized Agent: Address: Telephone No.: (_) Fax No.: (_) Fax No.: (_) 4. Type of Industry or Business: S. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): 8. This relocation or expansion would not occur without the exemption Source of supplies (local or otherwise): % source of supplies County: % source of supplies Florida: % source of supplies out -of -State: Yes [ l No[ ] 9. Business is/will be located in a community redevelopment area: Yes [ I No [ Name of area: I hereby confirm the information provided by to the Board of County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm that is not in violation of any federal, State or local law, or regulation governing environmental matters: DATE: SIGNED: SIGNED: TITLE: (Taxpayer) (Preparer) (Preparer) (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staff's recommendation: Date: Signed: (print name and title) 10-28-03 - H:kECONOMICW DVALOREM\3UPPLEMENTAL APPLICATION `A St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name: Mailing Address: 2. Name of person in charge or owner of Business: tylzip Telephone No.: (_) Fax No.: (_) 3. Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened or will open at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: b. 6. a. Date of commencement of construction of improvements: Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Class or Item Age Date of purchase Original Value Cost Taxpayer's Estimate of Condition Taxpayer's Estimate of Fair Market Appraiser's PP Use Only Good Avg. Poor Condiiian 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 [ ] Other 10. a. Number of new full-time employees to 6e 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 divided by total sales Everywhere from this facility — one (1) location only = 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: a. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please fumish 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: (Preparer) SIGNED: (Taxpayer) (Preparer) TITLE: (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: 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: Tangible Personal Property: _ 5. I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], or Neither [ ]. 6. Last year for which exemption my be applied: [7VV-4 SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10-07-03 - H9ECONOMICIADVALOREMWPPLICATION AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-4 DATE: August 7, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Request Permission to Advertise Notice of Public Hearing Petition to abandon a Plat known as Palm Breezes Club Phase Two recorded in Plat Book 58, Pages 1- 7 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on September- 20-1-2 at 6:00 p.m. or as soon thereafter as possible. Ck_ A'?V U a,: i') COMMISSION ACTION: �(] APPROVED [ ] DENIED [ ] OTHER Approved 5.0 [XI County Attorney:_ Dan McIntyre Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [ ] Road and Bridge: Don Parley [I Public Works: Don West [x] Originating Dept: SiiVd- -[ ] Engineering: [ ] County Surveyor: JoAnn Riley Mike Powley Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: August 7, 2012 SUBJECT: Request Permission to Advertise Notice of Public Hearing Petition to abandon a Plat known as Palm Breezes Club Phase Two recorded in Plat Book 58, Pages 1- 7 BACKGROUND: The Property Acquisition Division received a request to abandon a Plat known as Palm Breezes Club Phase Two, Pages 1- 7 of the Public Records of St. Lucie County. The petitioner, Centex Homes owns the entire subdivision. They have not sold or conveyed any part of the Palm Breezes Club Phase Two and do not wish to develop the subdivision or sell individual lots. RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on September 4, 2012 at 6:00 p.m. or.as soon thereafter as possible. Respectfully submitted, 1 c�'t ". �-gip. 1bAnn Riley 11 Property Acquisition Manager E S pge P pie SNSH�E S z Q 10 0 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PETITION FOR ABANDONMENT TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The undersigned PETITIONER hereby petitions the St. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights -of -way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and 336,10, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et, seg. TYPE OF ABANDONMENT REQUESTED (check one or more as applicable) indicates requirement for public hearing) A Plat(*) _ A Portion of a Plat (*) _ Drainage Easement not Affecting Road Drainage Drainage Easement Affecting Road Drainage (*) Public Interest in a Private Right-of-way or Easement _ County Road Right-of-way (*) _ Public Utility Easement _ Other Petitioner hereby certifies that the filing fee of. $500.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. This Petition shall contain an affidavit offhe Petitioner attesting to the validity of the representations herein and it's completeness to the best of Petitioner's knowledge grid belief. 1. The Legal Description of the petition site is attached Qs (EXHIBIT "A"), (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e, a public road r ight-of-way.) Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: Plat and Deed. See below for plat book and page and OR Book and page. (Plat Book and identification, Deed, or other title evidence) Deed ORB 2324, Page 2712 and Plat Book 59, Page I - 7. recorded in, (Plat Book and Page, Deed Book and Page, or Official Record Book and Page) Public Records of St. Lucie County, Florida. 3, Attached hereto as (EXHIBIT "B") is a sketch, accurately drawn, depicting the petition site as described in (EXHIBIT "A"), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefitting from the abandonment. 4. Attached hereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 z x 11), obtainable from the Property Appraisers Office, may be used for this purpose. 5. Attached hereto as (EXHIBIT ")") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties, (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) 6. Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses, N/A. property tax Identification number and legal descriptions of the adjacent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of-way and such signed statements are attached hereto as (EXHIBIT "E-1" "E-2" etc.) 7. Attached hereto as (EXHIBIT "F"), consecutively numbered "F-1" "F-2" etc the signed consent of any affected utility providing service to or within the petition site and/or drainage district having jurisdiction over the petition site. 8, The Petitioner hereby certifies that in the event this petition is granted, the abandonment of the public right- of-way will not prevent other property owners from access to and from their property, and no other property owner in the vicinity will be adversely affected. 9. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction of the St. Lucie County Board of County Commissioners. 10. The Petitioner hereby certifies that the petition site is not a pub licaccessway to any publicly accessible waters in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County comparable land or lands necessary for public access to the same body of water. 11. The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the petition site as evidenced by an instrument recorded in Official Record Book 2324 , Page 2712 , St. Lucie County, Florida, a copy of which is attached as (EXHIBIT "G" ). 12. , The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adjacent to the petition site, are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement of the County Tax Collector is attached hereto as (EXHIBIT 13. The Petitioner. hereby certifies, (CIRCLE "a" OR "b" BELOW) -Q),__ that the petition site to be abandoned is NOT within the limits of any municipality nR b) that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as (EXHIBIT "I"). 14. The Petitioner hereby submits a statement (EXHIBIT " J") in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land. 15. The Petitioner hereby submits a statement (EXHIBIT " V which states if the St. Lucie County Board of County Commissioners chooses to impose a privilege fee pursuant to Ordinance No. 06-022 the Petitioner will submit: a) an appraisal which shall determine the value that the petition site adds to the benefitting property, Such an appraisal shall be prepared in accordance with staff requirements and is subject to approval N/A. See by the Board of County Commissioners, OR attached document. b) the averaged square foot land value of the abutting property, as established by the most current St. Lucie County Property Appraiser records, and multiplying said square footage value by the number of square feet of the petition site. The County's interest shall be equal to 120% of this value. If the Board determines that the assessed value does not reflect the fair market value, the Board may, in its discretion, have an appraisal prepared to determine the fair market value. 16. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: (Name of newspaper in which Notice of Intent was published) (First date published) (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS. PETITION AS (EXHIBIT %"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQV ESTED REQUIRES A PUBLIC HEARING PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" x 17") UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. THIS PETITION MUST BE EXECUTED BEFORE A NOTARY PUBLIC DATE: June 8, 2012 Petitioner's signature Michael Hueniken Fype or print Petitioner's name 9240 Estero Park Commons Blvd Petitioner's Address Estero, Fl. 33928 239-495-4800 Petitioner's Phone Number COUNTY OF STATE OF Before me this day personally appeared 2t-''Z.61 who, being duly sworn, deposes and says; That IPWIL040is (00e) the Petitioner(s); and, That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's knowledge, information and belief: Subscribed and sworn to (or affirmed) before me this /day of 20/z, by P1 ALej,4,,y 'who personally appeared before me and _ who is personally known to me _ whose. identity I proved on the basis of _ whose identity I proved on the oath/offirmation of a credible witness NOTARY PIILmc: 21:ATE iff rLOftlUr. _P , r4CommissiOLsEE02605' No aryPublic "Mires: SEP.14, 201k d3aliU...... �'TtcAAT7PA9pC4„Idi . yIX, 1 Sg g EE Q — S He C V €EWE €L � O�� W �, 5; LEs$ 2U [ u se c1QF Fig dun` F F e cn C � � � � L j• s{t % d O O e. •I : ". g E ell S a L a �W '•1 '%eF� a se a2 L .: Ee`" p �s E ;^3 4 - (`? e ° N � D:u e{g2�$f.o. ss EBEF siE f- i-° : ..., p i - W V W F +p�r S F ep 3' j -s §Ztg gd 6k n&j a a e g j tF • s€�^ °, 1^^r)) i F ci W a R %Jc [ €a8;gv4 of sd? 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V4>000 nt a9n e1,0 C (li y0 tr C<t��eib I ©u vc�•�I --ii— • to \ •, ® } ._ i flyer 8 � \iAE:.se"� .q�F aas k as �35@i:ev"+.ss3e " w5� p1A Ae? ti 6ppyy`` kW s p Rnn 3E� qR p o EbaT �qF CAI (L 133N5 333).Mnd JVA d Yy �8Z`4 e 5 p s m C yr� Ca Au w. rf 9 (S 1 HS 33S) 3HnwivW s "3 ce § 5 p V3 tE §gj - g � " t 3" § 3ug9t3g 96 peg tg e 68 �y 3 pny�p3 5 gMii 3v Z ;q@a@.b}G"g6'�E�=�:- aR Aglid, Ntlx1.6- '@9iti�e442:?4�@€@�E§ti99s�a�asi2:�7s..d$i?d mro p 2F s8 ag 96A§H���x��§�%§Aozaaaa .�auNa� g€bS §�g ..�47F9:e=Yss�4:" ".5•itSe�fie•ocs� ��"$.J�� �< �ma� �qqW1 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST ITEM NO. VI-C1 DATE: 8/7/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. Public Works/Engineering Division County Engineer Wo Mount Bethel Ministry - 37In Street - Terminate Road Improvement Agreement and Release Surety See attached memorandum September 6, 2011 - County Administrator approved the Road Improvement Agreement. RECOMMENDATION: Board authorization to terminate the Agreement and release the surety in the amount of $12,399.30 to the developer. COMMISSION ACTION: CONCURRENCE: OO APPROVED ( ) DENIED O OTHER Approved s-o Faye W. Outlaw, MPA County Administrator, ICMA-CM Coord i nation/Siq natures County Attorney (x) Finance al iel McIntyre Originating Dept. ( x) , Don PId West Growth Mgt. (x ) Mar atterlee cc: Finance Mount Bethel Baptist Church terminate RIA release of surety.ag ( x")�Sha is County Engineer ( x) IV\\[F Michael Powley County Surveyor ( x)f"0� Ronald Harris Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: August 7, 2012 SUBJECT: Mount Bethel Ministry - 37th Street - Terminate Road Improvement Agreement and Release Surety ITEM NO. VI-Cl Background: The Ft. Pierce City Commission approved the original site plan on November 2, 2009. As a condition of approval, the City required that the developer enter into an agreement to pay a Fair Share Contribution towards paving 371h Street. St. Lucie County Board of County Commissioners granted a paving waiver and approved the Fair Share Contribution on April 20, 2010. The developer's site plan approval expired and they reapplied with the City. The City Commission approved the site plan and conditional use on July 18, 2011 (Attachment A). The City's site plan approvals are valid for one year. As part of the site plan approval, the developer was required to construct sidewalk and drainage improvements along the frontage of their parcel. St. Lucie County requires that a right-of-way permit be issued for construction activities within the County road right-of-way. If the construction is for public improvements, a Road Improvement Agreement and surety are required before the right-of-way permit will be issued. Mount Bethel Ministries has requested the release of the surety and termination of the Road Improvement Agreement. They stated within their correspondence that they intend to construct their facility at a different location and will not request an extension of their site plan from the City (Attachment B). Upon expiration of the site plan, the nexus for the Road Improvement Agreement and surety will no longer exist. Recommendation: Board authorization to terminate Agreement and release surety in the amount of $12,399.30 to the developer. ATTACHMENT A [Ify ofiov Paw July 19, 2011. Mount Bethel Baptist Church Attn: Dr. C. E. Glover 901 N.W. 11th Avenue Fort hauderdale; FL 33311 Dear Property Owner:; OFFICE OF CITY CLEnK CITY HALL,1.00,XORTH U S,1 R, 0. BOX 4480 FORT .PIERCE, FLORIDA :3"544480 TEL. (172)4E0 22t10 www'eltyofVtp �1e tom At their meeting on July 7.8, 2011f the City Commission of the City of Fort pierce held a Public Hearing on the Applications for Conditional Use & Site Plan Review which you submitted for construction of Mount Bethel Baptist Church, a 20,635 square -foot church to be located on the east side of South 37th Street between Peterson Road and White Way Dairy Road in Fort Pierce, Florida. After discussion„ the City Commission passed a motion to approve the Conditional Use & Site Plan with the following condition: The applicant must finalize a Road Improvement. Agreement with St. Lucie County within 90 days of Site Plan approval. . Very truly yours, asCsandra Stee e, CMC City Clerk /cs cc: Inte`r1Oitettor of Planking City Engineer Utilities Authority - Planning & Engineering Fire Marshal St. Lucie County Property Appraiser Rod Kennedy, P.E, (Representative) ATTACHMENT B MOUNT BETHEL MINISTRIES C.E. GLOVER D. Min., D.D., Senior Pastor June 12, 2012 Mr. Micheal Powley County Engineer St. Lucie County 2300 Virginia Avenue, 34982 RE: Mount Bethel 37th Street Dear Mr. Powley: Please accept this letter as notification that we will not pursue the construction of our new church on our property located on 37"' Street in Fort Pierce, Florida as previously submitted; the site plan will not be renewed. We will pursue the construction of the new church on another site. Therefore, please provide a refund of the following deposits provided in February 201-0 by Mount Bethel Ministries to Saint Lucie County for the roadway improvements along 37t6 Street for the proposed new church: 1. $41,620.89 - The Fair Share Contribution for improvement to 37th Street 2. $12,902.60 - Roadway hnprovement Agreement You may contact me at 954.40L5635 should you have questions, C. E. Glover, D. Min., D. Div Senior Pastor 901 Northwest11 Avenue fort Lauderdale, FL33311 • 954-763-5644 Fax:954-763-7321 • www.mountbethel,org AGENDA REQUEST ITEM NO. VI-C2 DATE: 8/7112 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 1M SUBJECT: Mount Bethel Ministry - 37th Street - Refund of Fair Share Contribution BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 20, 2010 - Board approved Paving Waiver and Fair Share Contribution. RECOMMENDATION: Board authorization to return the Fair Share Contribution in the amount of $41,620.89 to the developer. COMMISSION ACTION: (yp APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( x) 4f-14 4, WK Finance Daniel McIntyre Originating Dept. (x) /Dold�aWest Growth Mgt. ( x) v �V Mark Satterlee cc: Finance Mount Bethel Baptist Church release of fair share contribution.ag County Engineer County Surveyor ( x ) ,S//))hai Francis (x) Micbhael Powley (x) A�Ull Ronald Harris Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director ; kA FROM: Michael Powley, County Engineer av'(vp DATE: August 7, 2012 SUBJECT: Mount Bethel Ministry - 37th Street - Refund of Fair Share Contribution ITEM NO. VI-C2 Background: The Ft. Pierce City Commission approved the original site plan on November 2, 2009. As a condition of approval, the City required that the developer enter into an agreement to pay a Fair Share Contribution towards paving 371h Street. The developer's site plan approval expired and they reapplied with the City. The City Commission approved the site plan and conditional use on July 18, 2011 (Attachment A). The City's site plan approvals are valid for one year. Mount Bethel Ministries has requested a refund of the Fair Share Contribution for 37`h Street. They stated within their correspondence that they intend to construct their facility at a different location and will not request an extension of their site plan from the City (Attachment B). Upon expiration of the site plan, the nexus to retain the funds will no longer exist. Recommendation: Board authorization to return Fair Share Contribution in the amount of $41,620.89 to the developer ATTACHMENT A July 19, 2011 Mount Bethel Baptist Church Attu: Dr. C. E. Glover 901 N.W. llth Avenue Fort Lauderdale; FL 33311 Dear Property Owner: 11 C I 1 y ,. OFFICE OF CITY CLERK CITY HALL 100 NORTH US. i P. 0. BOX 1480 FORT PIERCE, .FLORIDA, 34954.-1480 TEL (772) 460'2200 www;cityoffort-PietO.com At their meeting on July 18, 2011, the City Commission of the City of ,Fort Pierce held a Public Hearing on the Applications for Conditional Use & Site Phan Review which you submitted for construction of Mount Bethel Baptist. Church, a 20,635 square foot church to be located on the east side of South 37th Street betcWeen Peterson Road and White Way Dairy Road in Fort Pierce, Florida. After discussion, the City Commission passed a motion to approve the Conditional Use & Site Plan with the following condition: The applicant must finalize a Road Improvement Agreement with St. Lucie County within 90 days of Site Plan approval, . Very truly yours, rsandra Stee e, CMC City Clerk /cs cc: Interim Director of Planning City Engineer Utilities Authority - Planning & Engineering Fire Marshal St. Lucie County Property Appraiser Rod Kennedy, P.E. (Representative) ATTACHMENT B MOUNT BETHEL MINISTRIES C.E. GLOVER D. Min., D.D., Senior Pastor June 12, 2012 Mr. Micheal Powley County Engineer St. Lucie County 2300 Virginia Avenue, 34982 RE: Mount Bethel 37th Street Dear Mr. Powley: Please accept this letter as notification that we will not pursue the construction of our new church on our property located on 37`h Street in Fort Pierce, Florida as previously submitted; the site plan will not be renewed. We will pursue the construction of the new church on another site. Therefore, please provide a refund of the following deposits provided in February 2010 by Mount Bethel Ministries to Saint Lucie County for the roadway improvements along 37jh Street for the proposed new church: 1. $41,620,89 - The Fair Share Contribution for improvement to 37th Street 2. $12,902.60 -Roadway Improvement Agreement You may contact me at 954.401.5635 should you have questions, C, E. Glover, D. Min,, D. Div Senior Pastor 901 Northwest11 Avenue Fort Lauderdale, FL33311 • 954-763-5644 Fax:954-763-7321 • www.mountbetheLorg AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Regions Bank (Carriage Pointe Estates) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum ITEM NO. VI-C3 DATE: 8/7112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Michael Powley, P.E. County Engineer c/�v RECOMMENDATION: Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, release surety in the amount of $384,821.16, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (x) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coord i nation/Sig natures County Attorney (x) 11 Dq-�" Finance Daniel McIntyre Originating Dept. ( x) Donald West Road/Bridge ( x) t N 3 LC , .�-p '.p on Pauley CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM carriagepointeestatesconditional acceptance release of surety.ag County Engineer County Surveyor (x) 'Shai Frances (x) myp Michael Powley (x) Ronald Harris Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Directort FROM: Michael Powley, County Engineer 1ti`VP DATE: August 7, 2012 SUBJECT: Regions Bank (Carriage Pointe Estates) ITEM NO. VI-C3 Backaround Shelby Homes at Carriage Pointe Estates, LLC, developer of Carriage Pointe Estates (fka Ten Mile Estates) was granted final PUD approval by the St. Lucie County Board of County Commissioners on December 21, 2004 (Resolution 04-228). The City of Fort Pierce annexed the property on December 31, 2004. Regions Bank assumed ownership of the project on September4, 2009. Pursuant to the approved site plan, the developer constructed turn lanes on Selvitz Road together with the associated drainage improvements. The developer's contractor has successfully completed all punch list items. The developer's engineer has issued a final certification of completion together with record drawings (Attachment A). The developer has executed the Maintenance Agreement (Attachment B). Staff has reviewed the written documentation and field verified the satisfactory completion of the punch list items. Previous Action: August 21, 2007— Board approved First Amendment to the RIA. April 22, 2011 — Board approved Second Amendment to the RIA. June 5, 2012 — Board approved Shared Use Pond Easement. Recommendation: Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, release surety in the amount of $384,821.16, and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT A LU VI// G Wantmart Group, Inca Engineering Surveying Environmental 4- Planning CERTIFICATION I hereby certify that all of the required project improvements, as identified in the attached Improvement Agreement, have been completed on Selvitz Road at Rails Road Roadway Improvements — Carriage Pointe Estates and that I have inspected the construction incrementally in accordance with the requirements of "Standard Specifications for Public Works Construction, St. Lucie County, Florida." These improvements conform to the development plans and the Standard Specifications, with the following deviations: 1. The invert of the outfall pipe from Selvitz Road to the shared use pond differs from the proposed by 1.27 and the pipe run exceeds 200 feet in length. 2. The pavement width of Selvitz Road is constant with the approved plans. The travel lane stripe was installed such that in some areas the shoulders are less than 5-foot in width. However, these deviations will not result in functional or structural problems, other than routine maintenance based on my evaluation and professional opinion. Certified by: David K. Brobst, P.E. J\ nUiHl Florida Professional,,MHg neeg st; 11061 `® ........... ®� , Date: A ri124 'GENS`c N 3106 <ORIDP 2035 Vista Parkway ,q, West Palm Beach, Florida 33411 v Phone: 561-687-2220 Fax: 561-687-11 1 0 www, wanlmangro up. com ATTACHMENT B MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this _ day of August 2012, by and between REGIONS BANK, (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer intends to construct turn lanes and drainage improvements (the "Improvements") and convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of Sixty -Seven thousand Nine hundred and Nine dollars and sixty-one cents ($67,909.61), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, The Wantman Group, Inc. dated May 3, 2006. This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County t Commissioners and recommend that the Improvements be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Irprovements. 5. INTERPRETATION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) 2 IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. WITNESSES: ATTEST: DEPUTY CLERK BY: PRINT: TITLE: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division MCZ Mining Permit Application See attached memorandum. ITEM NO. VI-C4 DATE: 8/7/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) BY: Michael Powley, P.E. County Engineer lwj� PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to schedule the continuation of the public hearing on September 4, 2012 at 6:00 p.m, or soon thereafter to consider the request of the MCZ/Centrum Citrus Farms Mining Permit application. COMMISSION ACTION: CONCURRENCE: (K) APPROVED ( ) DENIED — —� ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures c County Attorney (x) `I ;,.-,por Environmental (x) Daniel McIntyre Services Director Karen Smith u�..tt,�. �t �v,.•yf Originating Dept. ( x) ltsi{aL �t v D nald West Planning & Dev. Services Dir. (x)� Mark Satterlee MCZ mine request to hold PH conlinuance.ag County Engineer ( x)Vp Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director kit /���tJv h1�3 FROM: Michael Powley, County Engineer Al / / DATE: August 7,2012 SUBJECT: MCZ Mining Permit Application ITEM NO. VI-C4 Backaround: The proposed MCZ/Centrum Citrus Farms Mine is located on the north side of Orange Avenue approximately nine miles west of Kings Highway inside a 1200-acre parcel on which no previous mining activity has been approved. On February 1, 2011, the public hearing for the Mining Permit application for the proposed MCZ/Centrum Citrus Farms Mine was held. At the request of the applicant and with the support of the Board, a continuance was granted to a date uncertain. After many meetings and much discussion, the applicant has requested the opportunity to revisit the public hearing. Therefore, staff requests permission to advertise a public hearing to be held on September 4, 2012 to present the permit application in its current form. Previous Action: November 9, 2010 - Board approved permission to schedule a public hearing. December 7, 2010 - Board approved continuance to February 1, 2011 or soon thereafter. February 1, 2011 - Board approved continuance of the mining permit public hearing to a date uncertain. May 17, 2011 - MCZ/Centrum Citrus Farms Mining Permit Application Update. Recommendation: Board approval to schedule the continuation of the public hearing on September 4, 2012 at 6:00 p.m. or soon thereafter to consider the request of the MCZ/Centrum Citrus Farms Mining Permit application. ITEM NO. VI-05 DATE: 08/07/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald Paule r SUBMITTED BY: Public Works — Road & Bridge Manager PP SUBJECT: Bid No. 12-027, Median, Right -Of -Way and Irrigation Installation andJlll Maintenance BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101002-4110-534000-400 Other Contractual Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 12-027, to the lowest responsive and responsible bidder, FL&L Environmental Inc., d/b/a Forever Lawn & Landscape of Port St. Lucie, and authorization for the Chairman to sign documents as approved by County Attorney. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED —7 ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Approved 5.0 Coordination/Signatures County Attorney ( X) / OMB Director ( X) ` Budget Analyst + Dan McIntyred, M lr@@ Gouin Soo " is Holt Purchasing. ( X) Public Works ( ) A44r ut' aW Desiree Cimino D nald B. West Don Pauley /tlg1f t15'Ilr TO: Board of County Commissioners p FROM: Don Pauley, Road & Bridge Manager bI't"In, CAP DATE: August 7, 2012 SUBJECT: Bid No. 12-027, Median, Right -Of -Way and Irrigation Installation and Maintenance ITEM NO. VI-05 Background: On July 11, 2012, submittals to Bid No. 12-027, Median, Right -of -Way and Irrigation Installation and Maintenance, were opened. Four submittals were received; 363 companies were notified and 22 documents were distributed. Staff recommends awarding to the lowest responsive, responsible bidder, FL&L Environmental, Inc., d/b/s/ Forever Lawn & Landscape of Port St. Lucie. This firm had the lowest bid after tabulating Subtotals A & B (mowing and maintenance) with the irrigation work being on an as needed basis. Bid No. 12-027 was bid in accordance with Local Preference Ordinance No. 09-005. The purpose of this bid is to establish a contract, by means of sealed bids, for qualified contractors to provide mowing, edging, trash pickup. Fertilization, herbicide and insecticide applications and irrigation installation/maintenance for approximately 84 medians in various locations throughout the unincorporated County and their accompanying right-of-way and irrigation systems, where applicable. Recommendation Board approval to award Bid No. 12-027, to the lowest responsive and responsible bidder, FL&L Environmental Inc., d/b/a Forever Lawn & Landscape of Port St. Lucie, and authorization for the Chairman to sign documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS MEDIAN, RIGHT OF -WAY AND IRRIGATION MAINTENANCE BID 812-02] DUE DATE: 07111114 0 3:00 PM PURCHASING DEPARTMENT FLSLENVIRONMENTAL INC. Pori$1, Led.. FL SUNSHINE LA140 DESIGN, INC. 'as", IF TREASURE COAST LAWNS, INC, FOPiace FL VALLCYCREST LIWUSCAPL MAINTENANCE fl. elertt, At F0.X rrneU. FAX V218i8944 FCC 7125Ti NJI FAN'TI2�5OtB Ypeaa 5 Fa,.d'd 1611115-in'-R-lohe vAN Se10.1A A & 8 of 814 Spec¢ Ne. of Time 2012 Ar.eICeR2o$2 Annoa1Co92012 Aoro4Coet]012 Anne[Cest AIR ;wlq an d A.moenanm.,ervee m u Os an p4 s 50,80000 S O7g56A0 5 00(AGO $ bo+4S(A Pbnel Blade Edgre, 12 S COM)ED F I00,44aw 5 21. 0.00 } SeCTA Fwi!izatieno(Tuil 3 a 7,80100 S 19SIOAG $ 115Pto0 S 1LlA<e Felta.la1on 0(TaR, L Phi,le 3 $ 5100100 $ ],2]P01 $ ]SOnOa: S 3,9is ae Sla,bbe,,Trimminp 3 5 6,750W $ 40,OnGoo $ 7.5W.00 $ 14.25ArQ Sube,el A 5 - 62,3SOAO 5 1,0720i 5 tE6kW.Po 5 "A143.00. Tree Trimming 4 Aead Limb Renwaal 2 S 00000 $ ]9,IN.x, $ ;00500 5 1'mm 6il.111Ne Trealman( 2 $ 1,40000 (310aw.80 $ 1moo 5 AIRS.. HOra.. ppllcD0on 16 ua 's e5a7s cr MNr,Ans Dols) 6 5 1OW00 -$ 161682.50 $ LSOJ.W $ 1,150. Herbicide Applicalien to Flaming beds. curbs. etc 0 S 4,000.00 $ 74,72000 5 24.,mm S 4,800.00 Sobloeat B $ 7,700.00 5 1221ali.m $ C"Orw S 10,I45.w TOTAL OF AIt0 S 90.0O 00 S 1,19J,155.50 5 IAAAEOW S 12b,I60.M OPra.1 PERIODIC 6EANCE3 - Tel bllonlnp llenrr ma14<re9eeslae at eeelle: C 11 ra F.E. LlF"s., tPa;CF 1ERYe6Rl S S00190 5 5„Un.OJ 5 5.V*GO S IWO? Svrrvie,aAR1d(A"R11Ncde1Oh PEROUY)CYARD $ 280o t 42W $ 45W 5 UbJ I Let Journeyman - Normal Service Pet dour 5 1500 $ a2,00 $ 30w 'S 65.a9 jwma man �EmC one 's.". Per Hour 5 18100 $ 48 M 5 ss.a ; 65.0" Hn10f- Nomlal$CrvICO Par HOJ( $ 1000 $ 2.W S 28'W $ 41.25 Helper EUPQR).Ahy SONIC. Per Hoar $ 1200. $ low 5 45 d0 5 412S Markup for Mateacts aFOlor Non -bid rated feria! .AARjomenl Cost MU.secant) PCICent ?% tax IOM ISX SULmelsOle Parr, - Removal CA cost p!.s labor 5 950.00 S 40000 lno<asebyaa;e SUbnlewble PUmps- Reinsmif Ell all Isua labor 550.0, 5 aa0.on. loo-bye,ee Saff..'PUI11 s'Be..Oval EA [ost plus .be, 5 3500 $ Me. 1n0nre lr2 rvne SrhEico lP n b Nf:nSlall [A edninq Pliniobor 5 n50.1tl S 2a0.iq lnoaee byfm< F0 US 112'tI, 2" EA .5a&! 50 Ward u,rilee 5 1.98 .75.200 190435 Pipe 0JT'W 2" If Is 03a 5 IX .11.0 .651.25 FUnny FIIli9 9 EA Is 1'0 3 0.16 5 0.25 t 1.9a FUOn Pipe EA S 20 Pertr, 5 0124 5 1126 $ t00 Shp'FIX 3i4" EA 5 L63 5 175 5 2.10 S S.. Slip FIX 1- EA S L95 $ 2.03 5 25.w $ So Slip Fix 1114' EA is 354 5 375 5 4.00 $ low Slip Fix 1112" EA 1 5 313 5 4.11 5 $100 $ low Slip Fix?" CA I S. 595 $ 6,41 5 7.00 5 low $IiP FIx 2112" EA $ 1.11 $ lost $ near $ AS'. Srp FIX 3" EA $ 12 21 $ 13.51 0 17 Me 5 31.S5 Slip Fix 4" EA S 21z1 5 MAT S Alm 5 55,15. $Pro hood Noz9e EA 5 064 $ 0.a6. S TAG $ 1.81 4"Spray dead v2/NOz21e EA $ 12l $ 2fb S 4.25 5 $.so 6" Spay Head vdNa,HQ EA $ +47 5 3S. S 6.S $ IA'a 12"Spray Head ldoloule EA 5 c4o ; 2s0 5 9.2s 5 21b5 Shmb Aerate wINOI2Ie EA $ All $ 1Al S 2.00 $ 39s Bubbler EA 5 0.6] 5 1.61 S ]m S 210 R010r Heads EA 5 5,50 $ 910 5 105e 5 23.00 ORIS tic, Connectors EA $ v2 5 056 5 LOD A-S 5.w 2.1 V Solenoid EA $1]3a Pim labor $ 1339 $ 12.W 5 mw P' Die'loom EA $8.0a ' $ loan 5 900 j 4ex) I ll2"Oia pram EA $3D.m S 38.22 5 Acm 5 110 2 Dia hson EA slaw S n5.o5. $ 12As 5 42.o0 V Control Valve EA $n A, 5 3n2 5 11.00 5 60 W 1112"Control Valve EA 012rs2 5 50,86 $ 53o0 $ 3ss.w �! VOIVo _FA $66T] $ 20m $ Ur W_ $___ SS5.W 14G Wir0 LF SiOPartF $ oip 5 0l3 5 - oti 12G Wira LF $ isper LE S PD, $ 024..$ FT? 40'Round Valve Box EA 51041"1as mbor $ tea $ 3Lw $ 21.w 10"X 15" RAClrennutar Valve BOX EA Sm66' $ 16.N 5 1&w 5 36A0 Wel Checks (as paodedfAquested be SL Wue CoVRI ) EA S 15M $ 19900 'PRICE thi[a nYAR[A j 2,27S.00 NU14SER OF COMPANIES NOTIFIED': 163 NUMBER OF BID DOCUMENTS DISTRIBUTED': 22 NUMBER OF BIDS RECEIVED. 4 -Per demandeUceom A^CT.o.0 "ME�,a L AGENDA REQUEST ITEM NO. VI-D DATE: 08/07/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BYQ Daniel. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M er SUBJECT: Revision to the Employee Flexible Benefits Plan Document and Summary Plan Description. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: No Direct Costs Related To This Program PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Resolution 12-140 revising the Flexible Benefits Plan and the Summary Plan Description. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures County (X ) Attorney Originating ( X) Dept. OMB Director (X ) Budget Analyst mt Gouin) ERD ( ) (Name) Human Resources Department Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners THROUGH: Tara Raymore, Director of Human Resources �. FROM: Daniel J. Lutzke, Risk & Benefits Manager` DATE: August 7, 2012. 137 SUBJECT: Revision to the Employee Flexible Benefits Plan Document and Summary Plan Description. ITEM NO. VI-D Background: On July 5, 2010 the Board approved Resolution No. 10-206 adopting Employee Flexible Benefits Plan Document Number 507 that included a Health Flexible Spending Account (HFSA). The HFSA permitted employees to set aside $5,000 of their pay in a personal HFSA. Such funds are deducted pre-tax from the employee paychecks and are exempt from taxation thereby increasing the employees "take-home" pay. The IRS has now issued Notice 2012-40 reducing the amount an employee may contribute to their HFSA to $2,500 and requires that all Plan Documents be revised prior to January 1, 2013 to reflect that change. Adoption of Attachment A and Attachment B modifying Section 6.3 of the plan, Limitation On Allocations, will reduce the amount of funds the participant can set aside in their HFSA from $5,000 to $2,500 beginning with the 2013 plan year. This change will bring the Plan into compliance with IRS requirements. The BOCC Flexible Benefits Plan Document includes a 75 day grace period following the end of each plan year that ends on March 15 of each subsequent year. During the grace period participants are able to incur medical costs and claim them for payment out of any excess funds from the prior year. The IRS regulations also permit a 90 day Run -Out -Period during which participants may file claims for payment out of prior year excess funds. This revision adds Section 1.23, Run -Out -Period, giving participants 90 days following the end of each plan year, until March 31, to file medical expense claims. This gives employees' an additional 15 days after the last eligible cost is incurred to file claims for payment out of their prior year funds. The Flexible Benefits Plan helps employees retain more of the money they earn by lowering the amount of taxes they pay and demonstrates the County's continuing efforts to find ways to help our employees get the most for their earnings. Attachments A. Revised Flexible Benefits Plan Document B. Revised Summary Plan Description Recommendation Board approval of Resolution 12-140 revising the Flexible Benefits Plan and the Summary Plan Description. RESOLUTION NO.12.140 A RESOLUTION ADOPTING A REVISION TO THE EMPLOYEE FLEXIBLE BENEFITS PLAN DOCUMENT AND THE SUMMARY PLAN DESCRIPTION THAT COMPLIES WITH IRS NOTICE 2012-40 WHICH REDUCES THE AMOUNT OF PRE-TAX DOLLARS EMPLOYEES MAY SET ASIDE IN THEIR HEALTH FLEXIBLE SPENDING ACCOUNT TO $2,500 AND ADDS A NINETY DAY RUN -OUT -PERIOD AFTER THE END OF THE PLAN YEAR DURING WHICH PLAN PARTICIPANTS MAY SUBMIT CLAIMS FOR REIMBURSEMENT OUT OF THE PRIOR PLAN YEAR'S ACCOUNT. WHEREAS, The Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: That the County has previously adopted an IRS Compliant Section-125 Flexible Benefit Plan that includes a Health Flexible Spending Account feature for employees and that the IRS has now changed the permissible amount of dollars an employee may set aside in their Flexible Spending Accounts. 2. That the revised Flexible Benefits Plan and the Summary Plan Description that are attached hereto as Exhibits A and B include the new IRS Health Flexible Spending Account limits and include a provision permitting employees to use a ninety -day Run -Out -Period to submit claims for reimbursement. 3. That the revised Flexible Benefits Plan and the Summary Plan Description that are attached hereto as Exhibits A and B are hereby approved and adopted effective January 1, 2013 and County staff are hereby authorized and directed to execute and deliver them to the Plan Administrator. 4. That the County staff is instructed to act as soon as possible to notify the employees of the Employer of the adoption of the Revised Flexible Benefits Plan by making a copy of the Summary Plan Description attached hereto as Exhibit B available to all employees. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby approve and adopt the Revised Flexible Benefits Plan and the Revised Summary Plan Description as presented to this meeting and as hereby attached. PASSED AND DULY ADOPTED this 7th day of August, 2012. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 92 CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTION: COUNTY ATTORNEY This page intentionally left blank. Attachment - A . ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Section-125 — Cafeteria Plan FLEXIBLE BENEFITS PLAN Plan Number 507 Revised: 08/07/2012 Revised: 08/07/2012 Page 1 of 28 This page intentionally left Blank Revised: 08/07/2012 Page 2 of 28 ST. LUCIE COUNTY BOARD OF COUNTY FLEXIBLE BENEFITS PLAN INTRODUCTION....................................................................................... 6 ARTICLE I DEFINITIONS 1.0 DEFINITIONS........................................................................................... 6 ARTICLE II PARTICIPATION 2.1 ELIGIBILITY..................................................................................................................8 2.2 EFFECTIVE DATE OF PARTICIPATION..................................................................... 8 2.3 APPLICATION TO PARTICIPATE., ....................................... ..................................... 8 2.4 TERMINATION OF PARTICIPATION.......................................................................... 9 2.5 TERMINATION OF EMPLOYMENT............................................................................. 9 2.6 DEATH...........................................................................................................................9 ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION.............................................................................................. 9 3.2 APPLICATION OF CONTRIBUTIONS..........................................................................10 3.3 PERIODIC CONTRIBUTIONS......................................................................................10 ARTICLE IV BENEFITS 4.1 FLEXIBLE SPENDING ACCOUNT OPTIONS............................................................. 10 4.2 PREMIUM REDIRECTION BENEFIT............................................................................11 4.3 HEALTH INSURANCE BENEFIT...................................................................................11 4.4 DENTAL INSURANCE BENEFIT...................................................................................11 4.5 VISION INSURANCE BENEFIT....................................................................................11 4.6 NONDISCRIMINATION REQUIREMENTS. .... .............................................................. 12 ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS.....................................................................................................12 5.2 SUBSEQUENT ANNUAL ELECTIONS..........................................................................12 5.3 FAILURE TO ELECT......................................................................................................13 5.4 CHANGE IN STATUS.....................................................................................................13 Revised: 08/07/2012 Page 3 of 28 ARTICLE VI HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN .................................... 6.2 DEFINITIONS ........................................................................... 6.3 LIMITATION ON ALLOCATIONS ............................................. 6.4 FORFEITURES........................................................................ 6.5 NONDISCRIMINATION REQUIREMENTS ................................ 6.6 COORDINATION WITH CAFETERIA PLAN .............................. 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS ............... 6.8 DEBIT AND CREDIT CARDS. ........... ................... .................. .....................16 ...............16 ......................17 ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT ............................................... .... ............................. - 19 7.2 DEFINITIONS................................................................................................................. 19 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS ............................................. 20 7A INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS .................. 20 7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS ................ 21 7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT ............................................... 21 7.7 ANNUAL STATEMENT OF BENEFITS.......................................................................... 21 7.8 FORFEITURES................................................................................................................21 7.9 LIMITATION ON PAYMENTS.......................................................................................... 21 7.10 NONDISCRIMINATION REQUIREMENTS...................................................................... 21 7.11 COORDINATION WITH CAFETERIA PLAN................................................................... 22 7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS .................................. 22 ARTICLE VIII BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS .............................. ........... -...................................................... 23 8.2 APPLICATION OF BENEFIT PLAN SURPLUS............................................................. 24 ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION............................................................................................... 24 9.2 EXAMINATION OF RECORDS....................................................................................... 25 9.3 PAYMENT OF EXPENSES............................................................................................. 25 9.4 INSURANCE CONTROL CLAUSE.................................................................................. 25 9.5 INDEMNIFICATION OF ADMINISTRATOR.................................................................... 25 ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT.................................................................................................................25 10.2 TERMINATION...............................................................................................................25 Revised: 08/07/2012 Page 4 of 28 ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION............................................................................................. 26 11.2 GENDER AND NUMBER............................................................................................... 26 11.3 WRITTEN DOCUMENT................................................................................................. 26 11.4 EXCLUSIVE BENEFIT................................................................................................... 26 11.5 PARTICIPANT'S RIGHTS............................................................................................. 26 11.6 ACTION BY THE EMPLOYER....................................................................................... 26 11.7 EMPLOYER'S PROTECTIVE CLAUSES....................................................................... 26 11.8 NO GUARANTEE OF TAX CONSEQUENCES.............................................................. 27 11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS ............................................. 27 11.10 FUNDING.........................................................................................................................27 11.11 OTHER VOLUNTARY EMPLOYEE BENEFIT OPTIONS ........................................ 27 11.12 GOVERNING LAW........................................................................................................... 27 11.13 SEVERABILITY...............................................................................................................27 11.14 CAPTIONS...................................................................................................................... 27 11.15 FAMILY AND MEDICAL LEAVE ACT (FMLA)................................................................ 28 11.16 Uniform Services Employment & Reemployment Rights Act (USERRA).................... 28 11.17 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT ......................................... 28 11.18 GENETIC INFORMATION NONDISCRIMINATION ACT(GINA).................................... 28 Revised: 08/07/2012 Page 5 of 28 ST. LUCIE COUNTY BOARD OF COUNTY Section-125 FLEXIBLE BENEFITS PLAN INTRODUCTION St. Lucie County BOCC (Employer) has previously established a Section-125 Flexible Benefits Plan and to comply with changes in Federal and State Regulations is now adopting this revised Plan with an effective date of January 1, 2013, The plan is made to recognize the premium contributions made to the Employer by its Employees as pre-tax dollars. The purpose of this plan is to reward employees by providing benefits for those that qualify hereunder and their Dependents and beneficiaries. The concept of this Plan is to allow Employees to choose among different types of benefits based on their own particular goals, desires and needs and to pay for those benefits with Pre -Tax dollars. The Plan shall be known as St. Lucie County Board of County Commissioners Flexible Benefits Plan (the "Plan") The intention of the Employer is that the Plan qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the employees share of the premiums for benefits which an Employee elects to receive under the Plan be excludable from the Employee's income under Section 125(a) and other applicable sections of the Internal Revenue Code of 1986, as amended. This cafeteria plan permits employees to elect to pay their share of their benefit cost with pretax deferrals. This cafeteria plans permits an employee to change their pre-tax deferral election only when certain specific event occurs (other than during an enrollment period.) An eligible employee MUST submit a written request to their employer regarding any such event(s) within 31 days from the date of the event. ARTICLE I DEFINITIONS 1.1 "Administrator" means the individual(s) or corporation appointed by the Employer to carry out the administration of the Plan. The Employer shall be empowered to appoint and remove the Administrator from time to time as it deems necessary for the proper administration of the Plan. In the event the Administrator has not been appointed, or resigns from a prior appointment, the Employer shall be the Administrator. 1.2 "Affiliated Employer" means the Employer and any corporation which is a member of a controlled group of corporations (as defined in Code Section 414(b)) which includes the Employer; any trade or business (whether or not incorporated) which is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in Code Section 414(m)) which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Treasury regulations under Code Section 414(o). 1.3 "Benefit" or "Benefit Options" means any of the optional benefit choices available to a Participant as outlined in Section 4.1. 1.4 "Cafeteria Plan Benefit Dollars" means the amount available to Participants to purchase Benefit Options as provided under Section 4.1. Each dollar contributed to this Plan shall be converted into one Cafeteria Plan Benefit Dollar. 1.5 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to time. 1.6 "Compensation" means the amounts received by the Participant from the Employer during a Plan Year. Revised: 08/0712012 Page 6 of 28 1.7 "Dependent" means any individual who qualifies as a dependent under an Insurance Contract for purposes of that Contract or under Code Section 152 (as modified by Code Section 105(b)). For Health Benefits, a Dependent child includes dependent children through age 26 (until their 2Th birthday). This includes children that may be married, and even if the child has other group coverage available. Notwithstanding anything in the Plan to the contrary, the Plan will comply with Michelle's Law and any future changes in the benefits laws or regulations affecting such plans. 1.8 "Effective Date" means January 1, 2013. 1.9 "Election Period" means the designated annual "Open Enrollment Period" or the 60 day period immediately preceding the beginning of each Plan Year and/or an "Open Enrollment Period" as designated by the Plan Administrator. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1. 1.10 "Eligible Employee" means any Employee who has satisfied the provisions of Section 2.1. An individual shall not be an "Eligible Employee" if such individual is not reported on the payroll records of the Employer as a common law employee. In particular, it is expressly intended that individuals not treated as common law employees by the Employer on its payroll records are not "Eligible Employees" and are excluded from Plan participation even if a court or administrative agency determines that such individuals are common law employees and not independent contractors. 1.11 "Employee" means any person who is employed by the Employer. The term Employee shall include leased employees within the meaning of Code Section 414(n)(2). 1.12 "Employer" means St. Lucie County Board of County Commissioners and any successor which shall maintain this Plan; and any predecessor which has maintained this Plan. In addition, where appropriate, the term Employer shall include any Participating, Affiliated or Adopting Employer. 1.13 "Grace Period" means, with respect to any Plan Year, the time period ending on the fifteenth day of the third calendar month after the end of such Plan Year, during which Medical Expenses incurred by a Participant will be deemed to have been incurred during such Plan Year. The "Grace Period" is 2 and % months long and ends on March 15 of each year. 1.14 "Insurance Contract" means any contract issued by an Insurer underwriting a Benefit. 1.15 "Insurance Premium Payment Plan" means the plan of benefits contained in Section 4.1 of this Plan, which provides for the payment of Premium Expenses. 1.16 "Insurer" means any insurance company that underwrites a Benefit under this Plan. 1.17 "Key Employee" means an Employee described in Code Section 416(i)(1) and the Treasury regulations thereunder. 1.18 "Participant" means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. 1.19 "Plan" means this instrument, including all amendments thereto. 1.20 "Plan Year" means the 12-month period beginning January 1 and ending December 31. The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. Revised: 08/07/2012 Page 7 of 28 1.21 "Premium Expenses" or "Premiums" mean the Participant's cost for Benefits described in Section 4.1. 1.22 "Premium Expense Reimbursement Account" means the account established for a Participant pursuant to this Plan to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Premiums of the Participant shall be paid or reimbursed. If more than one type of insured Benefit is elected, sub -accounts shall be established for each type of insured Benefit. 1.23 "Run -out Period" means the first 90 days following the end of the plan year. The Run -out Period is the time in which a participant has to submit claims for reimbursement out of the prior plan year's account. The plan Run - out period ends on March 30 of each year. 1.24 "Salary Redirection" means the contributions made by the Employer on behalf of Participants pursuant to Section 3.1. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article V. 1.25 "Salary Redirection Agreement" means an agreement between the Participant and the Employer under which the Participant agrees to reduce his Compensation or to forego all or part of the increases in such Compensation and to have such amounts contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation that has not been actually or constructively received by the Participant as of the date of the agreement (after taking this Plan and Code Section 125 into account) and, subsequently does not become currently available to the Participant. 1.26 "Spouse" means "spouse" as defined in an Insurance Contract for purposes of that Contract or the legally married husband or wife of a Participant, unless legally separated by court decree. ARTICLE II PARTICIPATION 2.1 ELIGIBILITY Employee's shall be eligible to participate hereunder as of the date they satisfy the eligibility conditions for the Employer's group medical plan, the provisions of which are specifically incorporated herein by reference. 2.2 EFFECTIVE DATE OF PARTICIPATION An Eligible Employee shall become a Participant effective as of the entry date under the Employer's group medical plan, the provisions of which are specifically incorporated herein by reference. 2.3 APPLICATION TO PARTICIPATE An Employee who is eligible to participate in this Plan shall, during the applicable Election Period, complete an application to participate and Election of Benefits Form which the Administrator shall furnish to the Employee. The election made on such form shall be irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change his Benefit elections pursuant to Section 5.4 hereof. An Eligible Employee shall also be required to execute a Salary Redirection Agreement during the Election Period for the Plan Year during which he wishes to participate in this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period beginning on or after the Employee's effective date of participation pursuant to Section 2.2. Notwithstanding the foregoing, an Employee who is eligible to participate in this Plan and who is covered by the Employer's insured Benefits under this Plan shall automatically become a Participant to the extent of the Premiums for such insurance unless the Employee elects, during the Election Period, not to participate in the Plan. Revised: 0810712012 Page 8 of 28 2.4 TERMINATION OF PARTICIPATION A Participant shall no longer be eligible to participate in this Plan following any of the following events: (a) Termination of employment. The Participant's termination of employment, subject to the provisions of Section 2.5; (b) Death. The Participant's death, subject to the provisions of Section 2.6; or (c) Termination of the plan. The termination of this Plan, subject to the provisions of Section 10.2. 2.5 TERMINATION OF EMPLOYMENT If a Participant's employment with the Employer is terminated for any reason other than death, his participation in the Benefit Options provided under Section 4.1 shall be governed in accordance with the following: (a) Insurance Benefit. With regard to Benefits which are insured, the Participant's participation in the Plan shall cease, subject to the Participant's right to continue coverage under any Insurance Contract for which premiums have already been paid. (b) Dependent Care FSA. With regard to the Dependent Care Flexible Spending Account, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for employment related Dependent Care Expense reimbursements for claims incurred up to the date of termination and submitted within 90 days after termination, based on the level of the Participant's Dependent Care Flexible Spending Account as of the date of termination. (c) Health FSA. With regard to the Health Flexible Spending Account, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for expenses that were incurred during the portion of the Plan Year before the end of the period for which payments to the Health Flexible Spending Account have already been made for claims incurred up to the date of termination and submitted within 90 days after termination. (d) Health FSA treatment. In the event a Participant terminates his participation in the Health Flexible Spending Account during the Plan Year, if Salary Redirections are made other than on a pro rata basis, upon termination the Participant shall be entitled to a reimbursement for any Salary Redirection previously paid for coverage or benefits relating to the period after the date of the Participant's separation from service regardless of the Participant's claims or reimbursements as of such date. 2.6 DEATH If a Participant dies, his participation in the Plan shall cease. However, such Participant's spouse or Dependents may submit claims for expenses or benefits for the remainder of the Plan Year or until the Cafeteria Plan Benefit Dollars allocated to each specific benefit are exhausted. In no event may reimbursements be paid to someone who is not a spouse or Dependent. ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION Benefits under the Plan shall be financed by Salary Redirections sufficient to support Benefits that a Participant has elected hereunder and to pay the Participant's Premium Expenses. The salary administration program of the Revised: 08/07/2012 Page 9 of 28 Employer allows each Participant to agree to reduce his pay during a Plan Year by an amount determined necessary to purchase the elected Benefit Options. The amount of such Salary Redirection shall be specified in the Salary Redirection Agreement and shall be applicable for a Plan Year. For new Employees, the Salary Redirection Agreement shall only be applicable from the first day of the pay period following the Employee's entry date up to and including the last day of the Plan Year. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts based on the Participants' elections made under Article V, Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit election or a Salary Redirection Agreement after the Plan Year has commenced and make a new election with respect to the remainder of the Plan Year, if both the revocation and the new election are on account of and consistent with a change in status and such other permitted events as determined under Article V of the Plan and consistent with the rules and regulations of the Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis for each pay period during the Plan Year. All individual Salary Redirection Agreements are part of this Plan and incorporated by reference hereunder. 3.2 APPLICATION OF CONTRIBUTIONS As soon as reasonably practical after each payroll period, the Employer shall apply the Salary Redirection to provide the Benefits elected by the affected Participants. Any contribution made or withheld for the Health Flexible Spending Account or Dependent Care Flexible Spending Account shall be credited to such fund or account. Amounts designated for the Participant's Premium Expense Reimbursement Account shall likewise be credited to such account for the purpose of paying Premium Expenses. 3.3 PERIODIC CONTRIBUTIONS Notwithstanding the requirement provided above and in other Articles of this Plan that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on a level and pro rata basis for each payroll period, the Employer and Administrator may implement a procedure in which Salary Redirections are contributed throughout the Plan Year on a periodic basis that is not pro rata for each payroll period. However, with regard to the Health Flexible Spending Account, the payment schedule for the required contributions may not be based on the rate or amount of reimbursements during the Plan Year. In the event Salary Redirections to the Health Flexible Spending Account are not made on a pro rata basis, upon termination of participation, a Participant may be entitled to a refund of such Salary Redirections pursuant to Section 2.5. ARTICLE IV BENEFITS 4.1 FLEXIBLE SPENDING ACCOUNT OPTIONS Each Participant may elect any one or more of the following optional Benefits: (a) HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT Each Employee may elect to participate in the Health Flexible Spending Account option, in which case Article VI shall apply. (b) DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT Each Employee may elect to participate in the Dependent Care Flexible Spending Account option, in which case Article VII shall apply. Revised: 08/07/2012 Page 10 of 28 4.2 Each Participant enrolling in the following benefits shall have a sufficient portion of their Salary Redirected PRE-TAX and applied to the PREMIUM for the following Benefits unless the Participant elects not to receive such Salary Redirection Benefits: (a) Health Insurance Benefit (b) Dental Insurance Benefit (c) Vision Insurance Benefit 4.3 HEALTH INSURANCE BENEFIT (a) Coverage for Participant and Dependents. Each Participant may elect to be covered under a health Insurance Contract for the Participant, his or her Spouse, and his or her Dependents. (b) Employer selects contracts. The Employer may select suitable health Insurance Contracts for use in providing this health insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such health Insurance Contract(s) shall be determined there from, and such Insurance Contract(s) shall be incorporated herein by reference. 4.4 DENTAL INSURANCE BENEFIT (a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the Employer's dental Insurance Contract. In addition, the Participant may elect either individual or family coverage under such Insurance Contract. (b) Employer selects contracts. The Employer may select suitable dental Insurance Contracts for use in providing this dental insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such dental Insurance Contract shall be determined there from, and such dental Insurance Contract shall be incorporated herein by reference. 4.5 VISION INSURANCE BENEFIT (a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the Employer's vision Insurance Contract. In addition, the Participant may elect either individual or family coverage. (b) Employer selects contracts. The Employer may select suitable vision Insurance Contracts for use in providing this vision insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference, The rights and conditions with respect to the benefits payable from such vision Insurance Contract shall be determined there from, and such vision Insurance Contract shall be incorporated herein by reference. Revised: 08/07/2012 Page 11 of 28 4.6 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Plan to provide benefits to a classification of employees which the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor discrimination may not occur under Code Section 125. (b) 25% concentration test. It is the intent of this Plan not to provide qualified benefits as defined under Code Section 125 to Key Employees in amounts that exceed 25% of the aggregate of such Benefits provided for all Eligible Employees under the Plan. For purposes of the preceding sentence, qualified benefits shall not include benefits which (without regard to this paragraph) are includible in gross income. (c) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination or possible taxation to Key Employees or a group of employees in whose favor discrimination may not occur in violation of Code Section 125, it may, but shall not be required to, reduce contributions or non- taxable Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reduce contributions or non-taxable Benefits, it shall be done in the following manner. First, the non-taxable Benefits of the affected Participant (either an employee who is highly compensated or a Key Employee, whichever is applicable) who has the highest amount of non-taxable Benefits for the Plan Year shall have his non-taxable Benefits reduced until the discrimination tests set forth in this Section are satisfied or until the amount of his non-taxable Benefits equals the non-taxable Benefits of the affected Participant who has the second highest amount of non-taxable Benefits. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. With respect to any affected Participant who has had Benefits reduced pursuant to this Section, the reduction shall be made proportionately among Health Flexible Spending Account Benefits and Dependent Care Flexible Spending Account Benefits, and once all these Benefits are expended, proportionately among insured Benefits. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and deposited into the benefit plan surplus. ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such Plan Year, provided he elects to do so on or before his effective date of participation pursuant to Section 2.2. Notwithstanding the foregoing, an Employee who is eligible to participate in this Plan and who is covered by the Employers insured benefits under this Plan shall automatically become a Participant to the extent of the Premiums for such insurance unless the Employee elects, during the Election Period, not to participate in the Plan. 5.2 SUBSEQUENT ANNUAL ELECTIONS During the Election Period prior to each subsequent Plan Year, each Participant shall be given the opportunity to elect, on an election of benefits form to be provided by the Administrator, which spending account Benefit options he wishes to select. Any such election shall be effective for any Benefit expenses incurred during the Plan Year which follows the end of the Election Period. With regard to subsequent annual elections, the following options shall apply: (a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits under the Plan during the Election Period; Revised: 08/07/2012 Page 12 of 28 (b) A Participant may terminate his participation in the Plan by notifying the Administrator in writing during the Election Period that he does not want to participate in the Plan for the next Plan Year; (c) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait until the next Election Period before again electing to participate in the Plan, except as provided for in Section 5.4. 5.3 FAILURE TO ELECT With regard to Benefits available under the Plan for which no Premium Expenses apply, any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have elected not to participate in the Plan for the upcoming Plan Year. No further Salary Redirections shall therefore be authorized or made for the subsequent Plan Year for such Benefits. With regard to Benefits available under the Plan for which Premium Expenses apply, any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have made the same Benefit elections as are then in effect for the current Plan Year. The Participant shall also be deemed to have elected Salary Redirection in an amount necessary to purchase such Benefit options. 5.4 CHANGES IN STATUS (a) Change in status defined. Any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if, under the facts and circumstances, the changes are necessitated by and are consistent with a change in status which is acceptable under rules and regulations adopted by the Department of the Treasury, the provisions of which are incorporated by reference. Notwithstanding anything herein to the contrary, if the rules and regulations conflict, then such rules and regulations shall control. In general, a change in election is not consistent if the change in status is the Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, and the Participant's election under the Plan is to cancel accident or health insurance coverage for any individual other than the one involved in such event. In addition, if the Participant, Spouse or Dependent gains or losses eligibility for coverage, then a Participant's election under the Plan to cease or decrease coverage for that individual under the Plan corresponds with that change in status only if coverage for that individual becomes applicable or is increased under the family member plan. Regardless of the consistency requirement, if the individual, the individual's Spouse, or Dependent becomes eligible for continuation coverage under the Employer's group health plan as provided in Code Section 4980E or any similar state law, then the individual may elect to increase payments under this Plan in order to pay for the continuation coverage. However, this does not apply for COBRA.eligibility due to divorce, annulment or legal separation. Any new election shall be effective at such time as the Administrator shall prescribe, but not earlier than the first pay period beginning after the election form is completed and returned to the Administrator. For the purposes of this subsection, a change in status shall only include the following events or other events permitted by Treasury regulations: (1) Legal Marital Status: events that change a Participant's legal marital status, including marriage, divorce, death of a Spouse, legal separation or annulment; (2) Number of Dependents: Events that change a Participant's number of Dependents, including birth, adoption, placement for adoption, or death of a Dependent; Revised: 08107t2012 Page 13 of 28 (3) Employment Status: Any of the following events that change the employment status of the Participant, Spouse, or Dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, or a change in worksite. In addition, if the eligibility conditions of this Plan or other employee benefit plan of the Employer of the Participant, Spouse, or Dependent depend on the employment status of that individual and there is a change in that individual's employment status with the consequence that the individual becomes (or ceases to be) eligible under the plan, then that change constitutes a change in employment under this subsection; (4) Dependent satisfies or ceases to satisfy the eligibility requirements: An event that causes the Participant's Dependent to satisfy or cease to satisfy the requirements for coverage due to attainment of age, student status, or any similar circumstance; and (5) Residency: A change in the place of residence of the Participant, Spouse or Dependent, that would lead to a change in status (such as a loss of HMO coverage). For the Dependent Care Flexible Spending Account, a Dependent becoming or ceasing to be a "Qualifying Dependent" as defined under Code Section 21(b) qualifies as a change in status. (b) Special enrollment rights. Notwithstanding subsection (a), the Participants may change an election for accident or health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights provided in Code Section 9801(f), including those authorized under the provisions of the Children's Health Insurance Program Reauthorization Act of 2009 (SCHIP); provided that such Participant meets the sixty (60) day notice requirement imposed by Code Section 9801(f) (or such longer period as may be permitted by the Plan and communicated to Participants). Such change shall take place on a prospective basis, unless otherwise required by Code Section 9801(f) to be retroactive. (c) Qualified Medical Support Order. Notwithstanding subsection (a), in the event of a judgment, decree, or order (including approval of a property settlement) ("order") resulting from a divorce, legal separation, annulment, or change in legal custody which requires accident or health coverage for a Participant's child (including a foster child who is a Dependent of the Participant): (1) The Plan may change an election to provide coverage for the child if the order requires coverage under the Participant's plan; or (2) The Participant shall be permitted to change an election to cancel coverage for the child if the order requires the former Spouse to provide coverage for such child, under that individual's plan and such coverage is actually provided. (d) Medicare or Medicaid. Notwithstanding subsection (a), a Participant may change elections to cancel accident or health coverage for the Participant or the Participant's Spouse or Dependent if the Participant or the Participant's Spouse or Dependent is enrolled in the accident or health coverage of the Employer and becomes entitled to coverage (i.e., enrolled) under Part A or Part B of the Title XVIII of the Social Security Act (Medicare) or Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928 of the Social Security Act (the program for distribution of pediatric vaccines). If the Participant or the Participant's Spouse or Dependent who has been entitled to Medicaid or Medicare coverage loses eligibility, that individual may prospectively elect coverage under the Plan if a benefit package option under the Plan provides similar coverage. Revised: 08/07/2012 - Page 14 of 28 (a) Cost increase or decrease. If the cost of a Benefit provided under the Plan increases or decreases during a Plan Year, then the Plan shall automatically increase or decrease, as the case may be, the Salary Redirections of all affected Participants for such Benefit. Alternatively, if the cost of a benefit package option increases significantly, the Administrator shall permit the affected Participants to either make corresponding changes in their payments or revoke their elections and, in lieu thereof, receive on a prospective basis coverage under another benefit package option -with similar coverage, or drop coverage prospectively if there is no benefit package option with similar coverage. A cost increase or decrease refers to an increase or decrease in the amount of elective contributions under the Plan, whether resulting from an action taken by the Participants or an action taken by the Employer. (f) Loss of coverage. If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another plan with similar coverage, or drop coverage prospectively if no similar coverage is offered. (g) Addition of a new benefit. If, during the period of coverage, a new benefit package option or other coverage option is added, an existing benefit package option is significantly improved, or an existing benefit package option or other coverage option is eliminated, then the affected Participants may elect the newly -added option, or elect another option if an option has been eliminated prospectively and make corresponding election changes with respect to other benefit package options providing similar coverage. In addition, those Eligible Employees who are not participating in the Plan may opt to become Participants and elect the new or newly improved benefit package option. (h) Loss of coverage under certain other plans. A Participant may make a prospective election change to add group health coverage for the Participant, the Participant's Spouse or Dependent if such individual loses group health coverage sponsored by a governmental or educational institution, including a state children's health insurance program under the Social Security Act, the Indian Health Service or a health program offered by an Indian tribal government, a state health benefits risk pool, or a foreign government group health plan. (i) Change of coverage due to change under certain other plans. A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of a Spouse's, former Spouse's or Dependent's employer if (1) the cafeteria plan or other benefits plan of the Spouse's, former Spouse's or Dependent's employer permits its participants to make a change; or (2) the cafeteria plan permits participants to make an election for a period of coverage that is different from the period of coverage under the cafeteria plan of a Spouse's, former Spouse's or Dependent's employer. Q) Change in dependent care provider. A Participant may make a prospective election change that is on account of and corresponds with a change by the Participant in the dependent care provider. The availability of dependent care services from a new childcare provider is similar to a new benefit package option becoming available. A cost change is allowable in the Dependent Care Flexible Spending Account only if the cost change is imposed by a dependent care provider who is not related to the Participant, as defined in Code Section 152(a)(1) through (8). (k) Health FSA cannot change due to insurance change. A Participant shall not be permitted to change an election to the Health Flexible Spending Account as a result of a cost or coverage change under any health insurance benefits. Revised: 08/07/2012 Page 15 of 28 ARTICLE A HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN This Health Flexible Spending Account is intended to qualify as a medical reimbursement plan under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury regulations thereunder. Participants who elect to participate in this Health Flexible Spending Account may submit claims for the reimbursement of Medical Expenses. All amounts reimbursed shall be periodically paid from amounts allocated to the Health Flexible Spending Account. Periodic payments reimbursing Participants from the Health Flexible Spending Account shall in no event occur less frequently than monthly. 6.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan, the terms below have the following meaning: (a) "Health Flexible Spending Account" means the account established for Participants pursuant to this Plan to which part of their Cafeteria Plan Benefit Dollars may be allocated and from which all allowable Medical Expenses incurred by a Participant, his or her Spouse and his or her Dependents may be reimbursed. (b) "Highly Compensated Participant" means, for the purposes of this Article and determining discrimination under Code Section 105(h), a participant who is: (1) One of the 5 highest paid officers; (2) A shareholder who owns (or is considered to own applying the rules of Code Section 318) more than 10 percent in value of the stock of the Employer; or (3) Among the highest paid 25 percent of all Employees (other than exclusions permitted by Code Section 105(h)(3)(B) for those individuals who are not Participants). (c) "Medical Expenses" means any expense for medical care within the meaning of the term "medical care" as defined in Code Section 213(d) and as allowed under Code Section 105 and the rulings and Treasury regulations thereunder, and not otherwise used by the Participant as a deduction in determining his tax liability under the Code. "Medical Expenses" can be incurred by the Participant, his or her Spouse and his or her Dependents. "Incurred" means, with regard to Medical Expenses, when the Participant is provided with the medical care that gives rise to the Medical Expense and not when the Participant is formally billed or charged for, or pays for, the medical care. A Participant may not be reimbursed for the cost of other health coverage such as premiums paid under plans maintained by the employer of the Participant's Spouse or individual policies maintained by the Participant or his Spouse or Dependent. A Participant may not be reimbursed for "qualified long-term care services" as defined in Code Section 7702B(c). (d) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Health Flexible Spending Account. (e) "Grace Period" While the "plan year" is defined as the calendar year participants may obtain medical services and submit claims during the Grace Period of January 1 - March 15 of the following year. If participants do not submit all claims before the Run -Out Date of March 31 of the following year they will forfeit any remaining balance in the account. Revised: 08/07/2012 Page 16 of 28 6.3 LIMITATION ON ALLOCATIONS Notwithstanding any provision contained in this Health Flexible Spending Account to the contrary, effective with the 2013 plan year, no more than $2,500 may be allocated to the Health Flexible Spending Account by a Participant in or on account of any Plan Year. 6.4 FORFEITURES The amount in the Health Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 6.7 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason, subject to Section 8.2. 6.5 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Health Flexible Spending Account not to discriminate in violation of the Code and the Treasury regulations thereunder. (b) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination under this Health Flexible Spending Account, it may, but shall not be required to, reject any elections or reduce contributions or Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Health Flexible Spending Account by the member of the group in whose favor discrimination may not occur pursuant to Code Section 105 that elected to contribute the highest amount to the fund for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section or the Code are satisfied, or until the amount designated for the fund equals the amount designated for the fund by the next member of the group in whose favor discrimination may not occur pursuant to Code Section 105 who has elected the second highest contribution to the Health Flexible Spending Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section or the Code are satisfied. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and credited to the benefit plan surplus. 6.6 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Health Flexible Spending Account. The enrollment under the Cafeteria Plan shall constitute enrollment under this Health Flexible Spending Account. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS (a) Expenses must be incurred during Plan Year or subsequent Run -out period, All qualified Medical Expenses incurred by a Participant, his or her Spouse and his or her Dependents shall be reimbursed during the Plan Year subject to Section 2.5, even though the submission of such a claim occurs after his participation hereunder ceases; but provided that the Medical Expenses were incurred during the applicable Plan Year or subsequent GRACE period as described further in sub -Para (d). Medical Expenses are treated as having been incurred when the Participant is provided with the medical care that gives rise to the medical expenses, not when the Participant is formally billed or charged for, or pays for the medical care. (b) Reimbursement available throughout Plan Year. The Administrator shall direct the reimbursement to each eligible Participant for all allowable Medical Expenses, up to a maximum of the amount designated by the Participant for the Health Flexible Spending Account for the Plan Year. Revised: 08/0712012 Page 17 of 28 Reimbursements shall be made available to the Participant throughout the year without regard to the level of Cafeteria Plan Benefit Dollars which have been allocated to the fund at any given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any health care plan covering the Participant and/or his Spouse or Dependents. (c) Payments. Reimbursement payments under this Plan shall be made directly to the Participant. However, in the Administrator's discretion, payments may be made directly to the service provider. The application for payment or reimbursement shall be made to the Administrator on an acceptable form within a reasonable time of incurring the debt or paying for the service. The application shall include a written statement from an independent third party stating that the Medical Expense has been incurred and the amount of such expense. Furthermore, the Participant shall provide a written statement that the Medical Expense has not been reimbursed or is not reimbursable under any other health plan coverage and, if reimbursed from the Health Flexible Spending Account, such amount will not be claimed as a tax deduction. The Administrator shall retain a file of all such applications. (d) Grace Period. Notwithstanding anything in this Section to the contrary, Medical Expenses incurred during the Grace Period, up to the remaining account balance, shall be deemed to have been incurred during the Plan Year to which the Grace Period relates. Participants may obtain medical services and submit claims during the Grace Period of January 1 - March 15 of the following year. If participants do not submit all claims before the end of the Run -Out Period, which is the March 30 that follows the end of the plan year, they will forfeit any remaining balance in the account. (e) Claims for reimbursement. Claims for the reimbursement of Medical Expenses incurred in any Plan Year shall be paid as soon after a claim has been filed as is administratively practicable; provided however, that if a Participant fails to submit a claim by the end of the Run -Out -Period, which ends 90 days after the end of the Plan Year, those Medical Expense claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for the reimbursement of Medical Expenses must be submitted within 90 days after termination of employment. 6.8 DEBIT AND CREDIT CARDS Participants may, subject to a procedure established by the Administrator and applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value) cards ("cards") provided by the Administrator and the Plan for payment of Medical Expenses, subject to the following terms: (a) Card only for medical expenses. Each Participant issued a card shall certify that such card shall only be used for Medical Expenses. The Participant shall also certify that any Medical Expense paid with the card has not already been reimbursed by any other plan covering health benefits and that the Participant will not seek reimbursement from any other plan covering health benefits. (b) Card issuance. Such card shall be issued upon the Participant's Effective Date of Participation and reissued for each Plan Year the Participant remains a Participant in the Health Flexible Spending Account. Such card shall be automatically cancelled upon the Participant's death or termination of employment, or if such Participant has a change in status that results in the Participant's withdrawal from the Health Flexible Spending Account. (c) Maximum dollar amount available. The dollar amount of coverage available on the card shall be the amount elected by the Participant for the Plan Year. The maximum dollar amount of coverage available shall be the maximum amount for the Plan Year as set forth in Section 6.4. Revised: 08/07/2012 Page 18 of 28 (d) Only available for use with certain service providers. The cards shall only be accepted by such merchants and service providers as have been approved by the Administrator. (e) Card use. The cards shall only be used for Medical Expense purchases at these providers, including, but not limited to, the following: (1) Co -payments for doctor and other medical care; (2) Purchase of drugs; (3) Purchase of medical items such as eyeglasses, syringes, crutches, etc. (f) Substantiation. Such purchases by the cards shall be subject to substantiation by the Administrator, usually by submission of a receipt from a service provider describing the service, the date and the amount. The Administrator shall also follow the requirements set forth in Revenue Ruling 2003-43 and Notice 2006-69. All charges shall be conditional pending confirmation and substantiation. (g) Correction methods. If such purchase is later determined by the Administrator to not qualify as a Medical Expense, the Administrator, in its discretion, shall use one of the following correction methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further violations of the terms of the card do not occur, up to and including denial of access to the card. (1) Repayment of the improper amount by the Participant; (2) Withholding the improper payment from the Participant's wages or other compensation to the extent consistent with applicable federal or state law; (3) Claims substitution or offset of future claims until the amount is repaid; and (4) If subsections (1) through (3) fail to recover the amount, consistent with the Employer's business practices, the Employer may treat the amount as any other business indebtedness. ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT This Dependent Care Flexible Spending Account is intended to qualify as a program under Code Section 129 and shall be interpreted in a manner consistent with such Code Section. Participants who elect to participate in this program may submit claims for the reimbursement of Employment -Related Dependent Care Expenses. All amounts reimbursed shall be paid from amounts allocated to the Participant's Dependent Care Flexible Spending Account. 7.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan the terms below shall have the following meaning: (a) "Dependent Care Flexible Spending Account" means the account established for a Participant pursuant to this Article to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Employment -Related Dependent Care Expenses of the Participant may be reimbursed for the care of the Qualifying Dependents of Participants. (b) "Earned Income" means earned income as defined under Code Section 32(c)(2), but excluding such amounts paid or incurred by the Employer for dependent care assistance to the Participant. Revised: 08/07/2012 Page 19 of 28 (b) "Employment -Related Dependent Care Expenses" means the amounts paid for expenses of a Participant for those services which if paid by the Participant would be considered employment related expenses under Code Section 21(b)(2). Generally, they shall include expenses for household services and for the care of a Qualifying Dependent, to the extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there is one or more Qualifying Dependents with respect to such Participant. Employment -Related Dependent Care Expenses are treated as having been incurred when the Participant's Qualifying Dependents are provided with the dependent care that gives rise to the Employment -Related Dependent Care Expenses, not when the Participant is formally billed or charged for, or pays for the dependent care. The determination of whether an amount qualifies as an Employment -Related Dependent Care Expense shall be made subject to the following rules: (1) If such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment -Related Dependent Care Expenses only if incurred for a Qualifying Dependent as defined in Section 7.2(d)(1) (or deemed to be, as described in Section 7.2(d)(1) pursuant to Section 7.2(d)(3)), or for a Qualifying Dependent as defined in Section 7.2(d)(2) (or deemed to be, as described in Section 7.2(d)(2) pursuant to Section 7.2(d)(3)) who regularly spends at least 8 hours per day in the Participant's household; (2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than 6 individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment -Related Dependent Care Expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a Dependent of such Participant or such Participant's Spouse. (d) "Qualifying Dependent" means, for Dependent Care Flexible Spending Account purposes, (1) A Participant's Dependent (as defined in Code Section 152(a)(1)) who has not attained age 13; (2) A Dependent or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself and has the same principal place of abode as the Participant for more than one-half of such taxable year; or (3) A child that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). (e) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Flexible Spending Account. 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS The Administrator shall establish a Dependent Care Flexible Spending Account for each Participant who elects to apply Cafeteria Plan Benefit Dollars to Dependent Care Flexible Spending Account benefits. 7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be increased each pay period by the portion of Cafeteria Plan Benefit Dollars that he has elected to apply toward his Dependent Care Flexible Spending Account pursuant to elections made under Article V hereof. Revised: 08/07/2012 Page 20 of 28 7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be reduced by the amount of any Employment -Related Dependent Care Expense reimbursements paid or incurred on behalf of a Participant pursuant to Section 7.12 hereof. 7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT Subject to limitations contained in Section 7.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Flexible Spending Account, a Participant who incurs Employment -Related Dependent Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which he is a Participant. 7.7 ANNUAL STATEMENT OF BENEFITS On or before January 31st of each calendar year, the Employer shall furnish to each Employee who was a Participant and received benefits under Section 7.6 during the prior calendar year, a statement of all such benefits paid to or on behalf of such Participant during the prior calendar year. 7.8 FORFEITURES The amount in a Participant's Dependent Care Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. 7.9 LIMITATION ON PAYMENTS Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Flexible Spending Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a Participant who is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(e)). 7.10 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Dependent Care Flexible Spending Account that contributions or benefits not discriminate in favor of the group of employees in whose favor discrimination may not occur under Code Section 129(d). (b) 25% test for shareholders. It is the intent of this Dependent Care Flexible Spending Account that not more than 25 percent of the amounts paid by the Employer for dependent care assistance during the Plan Year will be provided for the class of individuals who are shareholders or owners (or their Spouses or Dependents), each of whom (on any day of the Plan Year) owns more than 5 percent of the stock or of the capital or profits interest in the Employer. (a) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination or possible taxation to a group of employees in whose favor discrimination may not occur in violation of Code Section 129 it may, but shall not be required to, reject any elections or reduce contributions or non-taxable benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Dependent Care Flexible Spending Account by the affected Participant that elected to contribute the highest amount to such account for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section are satisfied, or until the Revised: 08/07/2012 Page 21 of 28 amount designated for the account equals the amount designated for the account of the affected Participant who has elected the second highest contribution to the Dependent Care Flexible Spending Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited. l/ fi fi t�i�Z�l :7 III ki F 1 I IQ Z I4 911: [41_1 y :11 1 O : � Gl l W11 E All Participants under the Cafeteria Plan are eligible to receive Benefits under this Dependent Care Flexible Spending Account. The enrollment and termination of participation under the Cafeteria Plan shall constitute enrollment and termination of participation under this Dependent Care Flexible Spending Account. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS The Administrator shall direct the payment of all such Dependent Care claims to the Participant upon the presentation to the Administrator of documentation of such expenses in a form satisfactory to the Administrator. However, in the Administrators discretion, payments may be made directly to the service provider. In its discretion in administering the Plan, the Administrator may utilize forms and require documentation of costs as may be necessary to verify the claims submitted. At a minimum, the form shall include a statement from an independent third party as proof that the expense has been incurred and the amount of such expense. In addition, the Administrator may require that each Participant who desires to receive reimbursement under this Program for Employment -Related Dependent Care Expenses submit a statement containing some or all of the following information: (a) The Dependent or Dependents for whom the services were performed; (b) The nature of the services performed for the Participant, the cost of which he wishes reimbursement; (c) The relationship, if any, of the person performing the services to the Participant; (d) If the services are being performed by a child of the Participant, the age of the child; (a) A statement as to where the services were performed; (f) If any of the services were performed outside the home, a statement as to whether the Dependent for whom such services were performed spends at least 8 hours a day in the Participant's household; (g) If the services were being performed in a day care center, a statement: (1) That the day care center complies with all applicable laws and regulations of the state of residence, (2) That the day care center provides care for more than 6 individuals (other than individuals residing at the center), and (3) Of the amount of fee paid to the provider. (h) If the Participant is married, a statement containing the following: (1) The Spouse's salary or wages if he or she is employed, or (2) If the Participant's Spouse is not employed, that (i) He or she is incapacitated, or Revised: 08107/2012 Page 22 of 28 (ii) He or she is a full-time student attending an educational institution and the months during the year which he or she attended such institution. (i) Claims for reimbursement. If a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for reimbursement must be submitted within 90 days after termination of employment. ARTICLE Vill BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS (a) Insurance claims. Any claim for Benefits underwritten by Insurance Contract(s) shall be made to the Insurer. If the Insurer denies any claim, the Participant or beneficiary shall follow the Insurer's claims review procedure. (b) Dependent Care Flexible Spending Account or Health Flexible Spending Account claims. Any claim for Dependent Care Flexible Spending Account or Health Flexible Spending Account Benefits shall be made to the Administrator. For the Health Flexible Spending Account, if a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for the reimbursement of Medical Expenses must be submitted within 90 days after termination of employment. For the Dependent Care Flexible Spending Account, if a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for reimbursement must be submitted within 90 days after termination of employment. If the Administrator denies a claim, the notice to the Participant or beneficiary, shall be sent in writing, within 90 days after the claim is filed unless special circumstances require an extension of time for processing the claim. The notice of a denial of a claim shall be written in a manner calculated to be understood by the claimant and shall set forth: (1) Specific references to the pertinent Plan provisions on which the denial is based; (2) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation as to why such information is necessary; and (3) An explanation of the Plan's claim procedure. (c) Appeal. Within 60 days after receipt of the above material, the claimant shall have a reasonable opportunity to appeal the claim denial to the Administrator for a full and fair review. The claimant or his duly authorized representative may: (1) Request a review upon written notice to the Administrator; (2) Review pertinent documents; and (3) Submit issues and comments in writing. (d) Review of appeal. The Administrator shall make a decision on the review not later than 60 days after receipt of a request for review, unless special circumstances require an extension of time for processing (such as the need to hold a hearing), in which event a decision will be rendered as soon as possible, but in no event later than 120 days after such receipt. The decision of the Administrator shall be written and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, and shall refer to the Plan provisions on which the decision is based. Revised: 08107/2012 Page 23 of 28 (e) Forfeitures. Any balance remaining in the Participant's Dependent Care Flexible Spending Account or Health Flexible Spending Account as of the end of the time for claims reimbursement for each Plan Year and Grace Period (if applicable) shall be forfeited and deposited in the benefit plan surplus of the Employer pursuant to Section 6.3 or Section 7.8, whichever is applicable, unless the Participant had made a claim for such Plan Year, in writing, which has been denied or is pending; in which event the amount of the claim shall be held in his account until the claim appeal procedures set forth above have been satisfied or the claim is paid. If any such claim is denied on appeal, the amount held beyond the end of the Plan Year shall be forfeited and credited to the benefit plan surplus. 8.2 APPLICATION OF BENEFIT PLAN SURPLUS Any forfeited amounts credited to the benefit plan surplus by virtue of the failure of a Participant to incur a qualified expense or seek reimbursement in a timely manner may, but need not be, separately accounted for after the close of the Plan Year (or after such further time specified herein for the filing of claims) in which such forfeitures arose. In no event shall such amounts be carried over to reimburse a Participant for expenses incurred during a subsequent Plan Year for the same or any other Benefit available under the Plan; nor shall amounts forfeited by a particular Participant be made available to such Participant in any other form or manner, except as permitted by Treasury regulations. Amounts in the benefit plan surplus shall be used to defray any administrative costs and experience losses or used to provide additional benefits under the Plan. ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION The operation of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full power to administer the Plan in all of its details, subject, however, to the pertinent provisions of the Code. The Administrator's powers shall include, but shall not be limited to the following authority, in addition to all other powers provided by this Plan: (a) To make and enforce such rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; (b) To interpret the Plan, the Administrators interpretations thereof in good faith to be final and conclusive on all persons claiming benefits by operation of the Plan; (c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive benefits provided by operation of the Plan; (d) To reject elections or to limit contributions or Benefits for certain highly compensated participants if it deems such to be desirable in order to avoid discrimination under the Plan in violation of applicable provisions of the Code; (e) To provide Employees with a reasonable notification of benefits available through the Plan; (f) To approve reimbursement requests and to authorize the payment of benefits; (g) To appoint such agents, counsel, accountants, consultants, and actuaries as may be required to assist in administering the Plan. Any procedure, discretionary act, interpretation or construction taken by the Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of Code Section 125 and the Treasury regulations thereunder. Revised: 08/07/2012 Page 24 of 28 9.2 EXAMINATION OF RECORDS The Administrator shall make available to each Participant, Eligible Employee and any other Employee of the Employer such records as pertain to their interest under the Plan for examination at reasonable times during normal business hours. 9.3 PAYMENT OF EXPENSES Any reasonable administrative expenses shall be paid by the Employer unless the Employer determines that administrative costs shall be borne by the Participants under the Plan or by any Trust Fund which may be established hereunder. The Administrator may impose reasonable conditions for payments, provided that such conditions shall not discriminate in favor of highly compensated employees. 9.4 INSURANCE CONTROL CLAUSE In the event of a conflict between the terms of this Plan and the terms of an Insurance Contract of an independent third party Insurer whose product is then being used in conjunction with this Plan, the terms of the Insurance Contract shall control as to those Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance Contract shall control in defining the persons eligible for insurance, the dates of their eligibility, the conditions which must be satisfied to become insured, if any, the benefits Participants are entitled to and the circumstances under which insurance terminates. 9.5 INDEMNIFICATION OF ADMINISTRATOR The Employer agrees to indemnify and to defend to the fullest extent permitted by law any Employee serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who previously served as Administrator or as a member of such committee) against all liabilities, damages, costs and expenses (including attorney's fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission in connection with the Plan, if such act or omission is in good faith. ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of modifying any benefit election of any Participant in effect at the time of such amendment, unless such amendment is made to comply with Federal, state or local laws, statutes or regulations. 1 14VIT, IIR-A116L`1 The Employer is establishing this Plan with the intent that it will be maintained for an indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right to terminate this Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions shall be made. Benefits under any Insurance Contract shall be paid in accordance with the terms of the Insurance Contract. No further additions shall be made to the Health Flexible Spending Account or Dependent Care Flexible Spending Account, but all payments from such fund shall continue to be made according to the elections in effect until 90 days after the termination date of the Plan - The Run -Out -Period. Any amounts remaining in any such fund or account as of the end of such period shall be forfeited and deposited in the benefit plan surplus after the expiration of the filing period. Revised: 0810712012 Page 25 of 28 ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 11.12. 11.2 GENDER AND NUMBER Wherever any words are used herein in the masculine, feminine or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply. 11.3 WRITTEN DOCUMENT This Plan, in conjunction with any separate written document which may be required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any Treasury regulations thereunder relating to cafeteria plans. 11.4 EXCLUSIVE BENEFIT This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan 11.5 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan. 11.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 11.7 EMPLOYER'S PROTECTIVE CLAUSES (a) Insurance purchase. Upon the failure of either the Participant or the Employer to obtain the insurance contemplated by this Plan (whether as a result of negligence, gross neglect or otherwise), the Participant's Benefits shall be limited to the insurance premium(s), if any, that remained unpaid for the period in question and the actual insurance proceeds, if any, received by the Employer or the Participant as a result of the Participant's claim. (f) Validity of insurance contract. The Employer shall not be responsible for the validity of any Insurance Contract issued hereunder or for the failure on the part of the Insurer to make payments provided for under any Insurance Contract. Once insurance is applied for or obtained, the Employer shall not be liable for any losses which may result from the failure to pay Premiums to the extent Premium notices are not received by the Employer. Revised: 08/07/2012 Page 26 of 28 11.8 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash compensation, plus the Participant's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Participant. rTil�i�3�P�DI�[� Unless otherwise required by law, contributions to the Plan need not be placed in trust or dedicated to a specific Benefit, but may instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account or asset of the Employer from which any payment under the Plan may be made. 11.11 OTHER VOLUNTARY EMPLOYEE BENEFIT OPTIONS From time to time the Employer may offer or otherwise make available to employees "Voluntary Benefits" that may be construed as Health Benefits but do not meet the criterion of the IRS for inclusion in the Pre -Tax Section-125 Plan. Premiums or other costs for such plans will not quality for Salary Redirection and the participants will pay for those with Post -Tax dollars. 11.12 GOVERNING LAW This Plan is governed by the Code and the Treasury regulations issued thereunder (as they might be amended from time to time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the provisions of this Plan shall be construed, enforced and administered according to the laws of the State of Florida. 11.13 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. 11.14 CAPTIONS The captions contained herein are inserted only as a matter of convenience and for reference, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. Revised: 08/07/2012 Page 27 of 28 11.15 FAMILY AND MEDICAL LEAVE ACT (FMLA) Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan becomes subject to the requirements of the Family and Medical Leave Act and regulations thereunder, this Plan shall be operated in accordance with Regulation 1.125-3. 11.16 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with the Uniform Services Employment and Reemployment Rights Act (USERRA) and the regulations thereunder. 11.17 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Mental Health Parity and Addition Equity Act and ERISA Section 712. 11.18 GENETIC INFORMATION NONDISCRIMINATION ACT (GINA) Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Genetic Information Nondiscrimination Act. IN WITNESS WHEREOF, this Plan document is hereby executed this day of , 2012 EMPLOYER: St. Lucie County Board of County Commissioners Title: ATTEST: DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Revised: 08/07/2012 - Page 28 of 28 Attachment - 8 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Section-125 — Cafeteria Plan FLEXIBLE BENEFITS PLAN Plan Number 507 SUMMARY PLAN DESCRIPTION - S.P.D. — Revised: 08/07/2012 Revised: 08/07/2013 Page 1 of 14 This Page Intentionally Left Blank Revised: 0810712013 Page 2 of 14 ST. LUCIE COUNTY BOARD OF COUNTY FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION SPD TABLE OF CONTENTS INTRODUCTION............................................................................................ 5 I ELIGIBILITY 1. When can I become a participant in the Plan?....................................................................... 5 2. What are the eligibility requirements for our Plan?............................................................... 6 3. When is my entry date?........................................................................................................... 6 4. What must I do to enroll in the Plan?..................................................................................... 6 H OPERATION 1. How does this Plan operate?.................................................................................................. 6 1. How much of my pay may the Employer redirect?................................................................ 6 2. What happens to contributions made to the Plan?.................................................................. 6 3. When must I decide which accounts I want to use?.............................................................. 6 4. When is the election period for our Plan?.............................................................................. 7 5. May I change my elections during the Plan Year?.................................................................. 7 6. May I make new elections in future Plan Years?.................................................................... 8 IV BENEFITS 1. What benefits are available? ............................................. 1. 2. 3. 4. 5. 6. V BENEFIT PAYMENTS ....................................... 8 When will I receive payments from my accounts?................................................................. 10 What happens if I don't spend all Plan contributions during the Plan Year? .......................... 10 Family and Medical Leave Act(FMLA)................................................................................ 11 Uniformed Services Employment and Reemployment Rights Act ........................................ 11 What happens if I terminate employment?............................................................................ 11 Will my Social Security benefits be affected?....................................................................... 12 Revised: 08107/2013 Page 3 of 14 VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do limitations apply to highly compensated employees?.................................................... 12 VII PLAN ACCOUNTING 1. Periodic Statements............................................................................................................. 12 VIII GENERAL INFORMATION ABOUT OUR PLAN 1. General Plan Information...................................................................................................... 12 2. Employer Information........................................................................................................... 13 3. Plan Administrator Information........................................................................................... 13 4. Service of Legal Process...................................................................................................... 13 S. Type of Administration......................................................................................................... 13 6. Claims Submission............................................................................................................... 13 IX ADDITIONAL PLAN INFORMATION Revised: 08/07/2013 Page 4 of14 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION INTRODUCTION Recent changes in the IRS laws and regulations affect employee benefits, including those in the Federal "Affordable Care Act" and specifically, IRS Notice 2012-40. Those changes require that prior to January 1, 2012, St. Lucie County REVISE the "Flexible Benefit Plan" for employees. These changes will noticeably affect some individual employees. As such the County is moving to insure that our benefit plans are in compliance. Under the Flexible Benefits Plan, employees are able to choose among certain benefits that the employer makes available. The benefits that employees may choose from are outlined in this Summary Plan Description. This description also tells you other important information concerning the Plan, such as the rules you must satisfy before you can join and the laws that protect your rights. The benefits listed in this plan are those that the employee pays for and may choose to pay for with money that has not yet been subject to income and Social Security taxes. Under the Flexible Benefits Plan, these premium expenses will be paid for with a portion of the employee's pay before Federal income or Social Security taxes are withheld. This means that the employee pay less tax and as a result has more money to spend and save. Read this Summary Plan Description (SPD) carefully and understand the Plan and the benefits you receive. This SPD describes the Plan's benefits and obligations as contained in the legal Plan document, which governs the operation of the Plan. The Plan document is written in much more technical and precise language. If the non -technical language in this SPD and the technical, legal language of the Plan document conflict, the Plan document always governs. In addition, if there is a conflict between an insurance contract and either the Plan document or this Summary Plan Description, the insurance contract will control. If you wish to receive a copy of the legal Plan document, please contact the Plan Administrator. This SPD describes the current provisions of the Plan which are designed to comply with applicable legal requirements. The Plan is subject to federal laws, such as the Internal Revenue Code and other federal and state laws which may affect your rights. The provisions of the Plan are subject to revision due to a change in laws or due to pronouncements by the Internal Revenue Service (IRS) or other federal agencies. We may also amend or terminate this Plan. If the provisions of the Plan that are described in this SPD change, we will notify you. We have attempted to answer most of the questions you may have regarding your benefits in the Plan. If this SPD does not answer all of your questions, please contact the Administrator (or other plan representative). The name and address of the Administrator can be found in the Article of this SPD entitled "General Information about the Plan." ELIGIBILITY 1. When can I become a participant in the Plan? Before you become a Plan member (referred to in this Summary Plan Description as a "Participant"), there are certain rules which you must satisfy. First, you must meet the eligibility requirements and be an active employee. After that, the next step is to actually join the Plan on the "entry date" that we have established for all employees. The "entry date" is defined in Question 3 below. You will also be required to complete certain application forms before you can enroll in the Health Flexible Spending Account or Dependent Care Flexible Spending Account. Revised: 08/07/2013 Page 5 of 14 2. What are the eligibility requirements for our Plan? You will be eligible to join the Plan when you are eligible for our group medical plan. 3. When is my entry date? You can join the Plan on the same day you can enter our group medical plan. 4. What must I do to enroll in the Plan? Before you can join the Plan, you must complete an application to participate in the Plan. The application includes your choices for each of the benefits which are being offered under the Plan. You must also authorize us to set some of your earnings aside in order to pay for the benefits you have elected. However, if you are already covered under any of the insured benefits, you will automatically participate in this Plan to the extent of your premiums unless you elect not to participate in this Plan. H OPERATION 1. How does this Plan operate? Before the start of each Plan Year, you will be able to elect to have some of your upcoming pay contributed to the Plan. These amounts will be used to pay for the benefits you have chosen. The portion of your pay that is paid to the Plan is not subject to Federal income or Social Security taxes. In other words, this allows you to use tax-free dollars to pay for certain kinds of benefits and expenses which you normally pay for with out-of-pocket, taxable dollars. However, if you receive a reimbursement for an expense under the Plan, you cannot claim a Federal income tax credit or deduction on your return. (See the Article entitled "General Information About Our Plan" for the definition of "Plan Year.") III CONTRIBUTIONS 1. How much of my pay may the Employer redirect? Each year, we will automatically contribute on your behalf enough of your compensation to pay for the insurance coverage provided unless you elect not to receive any or all of such coverage. You may also elect to have us contribute on your behalf enough of your compensation to pay for any other benefits that you elect under the Plan. These amounts will be deducted from your pay over the course of the year. 2. What happens to contributions made to the Plan? Before each Plan Year begins, you will select the benefits you want and how much of the contributions should go toward each benefit. It is very important that you make these choices carefully based on what you expect to spend on each covered benefit or expense during the Plan Year. Later, they will be used to pay for the expenses as they arise during the Plan Year. 3. When must I decide which accounts I want to use? You are required by Federal law to decide before the Plan Year begins, during the election period (defined below). You must decide two things. First, which benefits you want and, second, how much should go toward each benefit. Revised: 08107/2013 Page 6 of 14 If you are already covered by any of the insured benefits offered by this Plan, you will automatically become a Participant to the extent of the premiums for such insurance unless you elect, during the election period (defined below), not to participate in the Plan. 4. When is the election period for our Plan? You will male your initial election on or before your entry date. (You should review Section I on Eligibility to better understand the eligibility requirements and entry date.) Then, for each following Plan Year, the election period will be the 60 day period prior to the beginning of each Plan Year or a specific time period before the start of the plan year as designated by the plan Administrator as the "Open Enrollment Period". (See the Article entitled "General Information About Our Plan" for the definition of Plan Year.) 5. May I change my elections during the Plan Year? Generally, you cannot change the elections you have made after the beginning of the Plan Year. However, there are certain limited situations when you can change your elections. You are only permitted to change elections during the plan year if you have a "change in status" or a " Change in Family Life Style" as defined by the IRS. You make an election change that is consistent with the change in status. Currently, Federal law considers the following events to be a change in status: Marriage, divorce, death of a spouse, legal separation or annulment; Change in the number of dependents, including birth, adoption, placement for adoption, or death of a dependent; Any of the following events for you, your spouse or dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, a change in worksite, or any other change in employment status that affects eligibility for benefits; One of your dependents satisfies or ceases to satisfy the requirements for coverage due to change in age, student status, or any similar circumstance; and A change in the place of residence of you, your spouse or dependent that would lead to a change in status, such as moving out of a coverage area for insurance. In addition, if you are participating in the Dependent Care Flexible Spending Account, then there is a change in status if your dependent no longer meets the qualifications to be eligible for dependent care. There are detailed rules on when a change in election is deemed to be consistent with a change in status. hi addition, there are laws that give you rights to change health coverage for you, your spouse, or your dependents. If you change coverage due to rights you have under the law, then you can make a corresponding change in your elections under the Plan. If any of these conditions apply to you, you should contact the Administrator. If the cost of a benefit provided under the Plan increases or decreases during a Plan Year, then we will automatically increase or decrease, as the case may be, your salary redirection election. If the cost increases significantly, you will be permitted to either make corresponding changes in your payments or revoke your election and obtain coverage under another benefit package option with similar coverage, or revoke your election entirely. Revised: 08107/2013 Page 7 of 14 If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, then you may revoke your elections and elect to receive on prospective basis coverage under another plan with similar coverage. In addition, if we add a new coverage option or eliminate an existing option, you may elect the newly -added option (or elect another option if an option has been eliminated) and make corresponding election changes to other options providing similar coverage. If you are not a Participant, you may elect to join the Plan. There are also certain situations when you may be able to change your elections on account of a change under the plan of your spouse's, former spouses or dependent's employer. These rules on change due to cost or coverage do not apply to the Health Flexible Spending Account, and you may not change your election to the Health Flexible Spending Account if you make a change due to cost or coverage for insurance. You may not change your election under the Dependent Care Flexible Spending Account if the cost change is imposed by a dependent care provider who is your relative. 6. May I make new elections in future Plan Years? Yes, you may. For each new Plan Year, you may change the elections that you previously made. You may also choose not to participate in the Plan for the upcoming Plan Year. If you do not make new elections during the election period before a new Plan Year begins, we will assume you want your elections for insured benefits only to remain the same and you will not be considered a Participant for the non-insured benefit options under the Plan for the upcoming Plan Year. IV BENEFITS What benefits are available? Under our Plan, you can choose to receive your entire compensation or use a portion to pay for the following benefits or expenses during the year: Health Flexible Spending Account The Health Flexible Spending Account enables you to pay for expenses allowed under Sections 105 and 213(d) of the hiternal Revenue Code which are not covered by our insured medical plan and save taxes at the same time. The Health Flexible Spending Account allows you to be reimbursed by the Employer for out-of-pocket medical, dental and/or vision expenses incurred by you and your dependents. Drug costs, including prescribed "over-the-counter" drugs may be reimbursed. You may not, however, be reimbursed for the cost of other health care coverage maintained outside of the Plan, or for long- term care expenses. A list of covered expenses is available from the Administrator. Beginning with the 2013 Plan Year the most that you can contribute to your Health Flexible Spending Account each Plan Year is $2,500. In order to be reimbursed for a health care expense, you must submit to the Administrator an itemized bill from the service provider. We will also provide you with a debit or credit card to use to pay for medical expenses, such as co -pays, deductibles, medical equipment and drug costs. The Administrator will provide you with further details. Amounts reimbursed from the Plan may not be claimed as a deduction on your personal income tax return. Reimbursement from the fund shall be paid at least once a month. Expenses under this Plan are treated as being "incurred" when you are provided with the care that gives rise to the expenses, not when you are formally billed or charged, or you pay for the medical care. Revised: 08/07/2013 Page 8 of 14 Newborns' and Mothers' Health Protection Act: Group health plans generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). Dependent Care Flexible Spending Account: The Dependent Care Flexible Spending Account enables you to pay for out-of-pocket, work -related dependent day-care cost with pre-tax dollars. If you are married, you can use the account if you and your spouse both work or, in some situations, if your spouse goes to school full-time. Single employees can also use the account. An eligible dependent is someone for whom you can claim expenses on Federal Income Tax Form 2441 "Credit for Child and Dependent Care Expenses." Children must be under age 13. Other dependents must be physically or mentally unable to care for themselves. Dependent Care arrangements which qualify include: (a) A Dependent (Day) Care Center, provided that if care is provided by the facility for more than six individuals, the facility complies with applicable state and local laws: (b) An Educational Institution for pre-school children. For older children, only expenses for non -school care are eligible; and (c) An "Individual" who provides care inside or outside your home: The "Individual" may not be a child of yours under age 19 or anyone you claim as a dependent for Federal tax purposes. You should make sure that the dependent care expenses you are currently paying for qualify under our Plan. The law places limits on the amount of money that can be paid to you in a calendar year from your Dependent Care Flexible Spending Account. Generally, your reimbursements may not exceed the lesser of: (a) $5,000 (if you are married filing a joint return or you are head of a household) or $2,500 (if you are married filing separate returns); (b) your taxable compensation; (c) your spouse's actual or deemed earned income (a spouse who is a full time student or incapable of caring for himself/herself has a monthly earned income of $250 for one dependent or $500 for two or more dependents). Also, in order to have the reimbursements made to you from this account be excludable from your income, you must provide a statement from the service provider including the name, address, and in most cases, the taxpayer identification number of the service provider on your tax form for the year, as well as the amount of such expense as proof that the expense has been incurred. In addition, Federal tax laws permit a tax credit for certain dependent care expenses you may be paying for even if you are not a Participant in this Plan. You may save more money if you take advantage of this tax credit rather than using the Dependent Care Flexible Spending Account under our Plan. Ask your tax adviser which is better for you. Revised: 08107/2013 Page 9 of 14 Premium Expense Account: A Premium Expense Account allows you to use tax-free dollars to pay for certain premium expenses under various insurance programs that we offer you. These premium expenses include: Health care premiums under our insured group medical plan. Dental insurance premiums. Vision insurance premiums. Under our Plan, we will establish sub -accounts for you for each different type of insurance coverage that is available. Also, certain limits on the amount of coverage may apply. The Administrator may terminate or modify Plan benefits at any time, subject to the provisions of any insurance contracts providing benefits described above. We will not be liable to you if an insurance company fails to provide any of the benefits described above. Also, your insurance will end when you leave employment, are no longer eligible under the terms of any insurance policies, or when insurance terminates. Any benefits to be provided by insurance will be provided only after (1) you have provided the Administrator the necessary information to apply for insurance, and (2) the insurance is in effect for you. V BENEFIT PAYMENTS 1. When will I receive payments from my accounts? During the course of the Plan Year, you may submit requests for reimbursement of expenses you have incurred. Expenses are considered "incurred" when the service is performed, not necessarily when it is paid for. The Administrator will provide you with acceptable forms for submitting these requests for reimbursement. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. Remember, these reimbursements which are made from the Plan are generally not subject to federal income tax or withholding. Nor are they subject to Social Security taxes. Requests for payment of insured benefits should be made directly to the insurer. You will only be reimbursed from the Dependent Care Flexible Spending Account to the extent that there are sufficient funds in the Account to cover your request. 2. What happens if I don't spend all Plan contributions during the Plan Year? If you have not spent all the amounts in your Health Flexible Spending Account by the end of the Plan Year, you may continue to incur claims for expenses during the "Grace Period." The "Grace Period" extends 2 1/2 months after the end of the Plan Year, during which time you can continue to incur claims and use up all amounts remaining in your Health Flexible Spending Account. Grace Period: Medical Expenses incurred during the Employer established Grace Period, which is January 1 - March 15 of the following year, up to the remaining account balance shall also be deemed to have been incurred during the Prior Plan Year. Participants may obtain medical services and submit claims during the Grace Period of January 1- March 15 of the following year. Run -Out Period: If participants do not submit all claims before the end of the Run -Out Period, which ends March 30 of the following year, they will forfeit any remaining balance in the account. Revised: O8/07/2013 Page 10 of 14 Any monies left at the end of the Plan Year and the Grace Period will be forfeited. All qualifying expenses that you incur late in the Plan Year or during the Grace Period for which you seek reimbursement after the end of such Plan Year and Grace Period will be paid first before any amount is forfeited. For the Health Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. For the Dependent Care Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. Because it is possible that you might forfeit amounts in the Plan if you do not fully use the contributions that have been made, it is important that you decide how much to place in each account carefully and conservatively. Remember, you must decide which benefits you want to contribute to and how much to place in each account before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in each account will be used up entirely. 3. Family and Medical Leave Act (FMLA) If you take leave under the Family and Medical Leave Act, you may revolve or change your existing elections for health insurance and the Health Flexible Spending Account. If your coverage in these benefits terminates, due to your revocation of the benefit while on leave or due to your non-payment of contributions, you will be permitted to reinstate coverage for the remaining part of the Plan Year upon your return. For the Health Flexible Spending Account, you may continue your coverage or you may revolve your coverage and resume it when you return. You can resume your coverage at its original level and make payments for the time that you are on leave. For example, if you elect $1,200 for the year and are out on leave for 3 months, then return and elect to resume your coverage at that level, your remaining payments will be increased to cover the difference - from $100 per month to $150 per month. Alternatively your maximum amount will be reduced proportionately for the time that you were gone. For example, if you elect $1,200 for the year and are out on leave for 3 months, your amount will be reduced to $900. The expenses you incur during the time you are not in the Health Flexible Spending Account are not reimbursable. If you continue your coverage during your unpaid leave, you may pre -pay for the coverage, you may pay for your coverage on an after-tax basis while you are on leave, or you and your Employer may arrange a schedule for you to 'batch up" your payments when you return. 4. Uniformed Services Employment and Reemployment Rights Act (USERRA) If you are going into or returning from military service, you may have special rights to health care coverage under your Health Flexible Spending Account under the Uniformed Services Employment and Reemployment Rights Act of 1994. These rights can include extended health care coverage. If you may be affected by this law, ask your Administrator for further details. 5. What happens if I terminate employment? If you terminate employment during the Plan Year, your right to benefits will be determined in the following mariner: (a) You will remain covered by insurance, but only for the period for which premiums have been paid prior to your termination of employment. (b) You will still be able to request reimbursement for qualifying dependent care expenses from the balance remaining in your dependent care account at the time of termination of employment. However, no further salary redirection contributions will be made on your behalf after you terminate. You must submit claims within 90 days after termination. Revised: 08/07/2013 Page 11 of 14 (c) Your participation in the Health Flexible Spending Account will cease, and no further salary redirection contributions will be contributed on your behalf. However, you will be able to submit claims for health care expenses that were incurred before the end of the period for which payments to the Health Flexible Spending Account have already been made. You must submit claims within 90 days after termination. 6. Will my Social Security benefits be affected? Your future Social Security benefits may be slightly reduced because when you receive tax-free benefits under our Plan, it reduces the amount of contributions that you make to the Federal Social Security system as well as our contribution to Social Security on your behalf. VI IHGHLY COMPENSATED AND KEY EMPLOYEES 1. Do limitations apply to highly compensated employees? Under the Internal Revenue Code, highly compensated employees and key employees generally are Participants who are officers, shareholders or highly paid. You will be notified by the Administrator each Plan Year whether you are a highly compensated employee or a key employee. If you are within these categories, the amount of contributions and benefits for you may be limited so that the Plan as a whole does not unfairly favor those who are highly paid, their spouses or their dependents. Federal tax laws state that a plan will be considered to unfairly favor the key employees if they as a group receive more than 25% of all of the nontaxable benefits provided for under our Plan.\ Plan experience will dictate whether contribution limitations on highly compensated employees or key employees will apply. You will be notified of these limitations if you are affected. VH PLAN ACCOUNTING 1. Periodic Statements The Administrator will provide you with a statement of your account periodically during the Plan Year that shows your account balance. It is important to read these statements carefully so you understand the balance remaining to pay for a benefit. Remember, you want to spend all the money you have designated for a particular benefit by the end of the Plan Year. VIII GENERAL INFORMATION ABOUT OUR PLAN This Section contains certain general information which you may need to know about the Plan. General Plan Information St. Lucie County Board of County Commissioners Flexible Benefits Plan is the name of the Plan. Your Employer has assigned Plan Number 507 to your Plan. The provisions of the revised Plan become effective on January 1, 2013, which is called the Effective Date of the Plan. Your Plan's records are maintained on a twelve-month period of time. This is known as the Plan Year. The Plan Year begins on January 1 and ends on December 31. Revised: 08/07/2013 Page 12 of 14 2. Employer Information Your Employer's name, address, and identification number are: St. Lucie County Board of County Commissioners 2300 Virginia Ave. Ft. Pierce, Florida 34982-5632 59-6000935 3. Plan Administrator Information The name, address and business telephone number of your Plan's Administrator are: The Plan Administrator is the County Risk & Benefits Manager St. Lucie County Board of County Commissioners Attn: Risk & Benefits Manager 2300 Virginia Ave. Ft. Pierce, Florida 34982-5632 (772)462-1613 The Administrator keeps the records for the Plan and is responsible for the administration of the Plan. The Administrator will also answer any questions you may have about our Plan. You may contact the Administrator for any further information about the Plan. 4. Service of Legal Process The name and address of the Plan's agent for service of legal process are: St. Lucie County Board of County Commissioners 2300 Virginia Ave. Ft. Pierce, Florida 34982-5632 5. Type of Administration The type of Administration is Employer Administration. 6. Claims Submission Claims for expenses should be submitted to: TASC PO Box 7308 Madison, WI53707-7308 IX ADDITIONAL PLAN LWORMATION 1. Claims Process You should submit all reimbursement claims during the Plan Year. For the Health Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. However, if you terminate employment during the Plan Year, you must submit your Health Flexible Spending Account claims within 90 days after your termination of employment. For the Dependent Care Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. However, if you terminate Revised: 08/07/2013 Page 13 of 14 employment during the Plan Year, you must submit your Dependent Care Flexible Spending Account claims within 90 days after your termination of employment. Any claims submitted after that time will not be considered. Claims that are insured will be handled in accordance with procedures contained in the insurance policies. All other general requests should be directed to the Administrator of our Plan. If a dependent care or medical expense claim under the Plan is denied in whole or in part, you or your beneficiary will receive written notification. The notification will include the reasons for the denial, with reference to the specific provisions of the Plan on which the denial was based, a description of any additional information needed to process the claim and an explanation of the claims review procedure. Within 60 days after denial, you or your beneficiary may submit a written request for reconsideration of the denial to the Administrator. Any such request should be accompanied by documents or records in support of your appeal. You or your beneficiary may review pertinent documents and submit issues and comments in writing. The Administrator will review the claim and provide, within 60 days, a written response to the appeal. (This period may be extended an additional 60 days under certain circumstances.) hi this response, the Administrator will explain the reason for the decision, with specific reference to the provisions of the Plan on which the decision is based. The Administrator has the exclusive right to interpret the appropriate plan provisions. Decisions of the Administrator are conclusive and binding. iuiu 1s The money you earn is important to you and your family. You need it to pay your bills, enjoy recreational activities and save for the future. Our flexible benefits plan will help you keep more of the money you earn by lowering the amount of taxes you pay. The Plan is the result of our continuing efforts to find ways to help you get the most for your earnings. If you have any questions, please contact the Plan Administrator. IN WITNESS WHEREOF, this Plan document is hereby executed this day of , 2012. EMPLOYER: St. Lucie County Board of County Commissioners z Title: APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY ATTEST: DEPUTY CLERK Revised: 08/07/2013 Page 14 of 14 ITEM NO. WE1 DATE: 8/7/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: f --? Mark DiMascio / SUBMITTED BY: Parks, Recreation & Facilities Division Managet-=4 SUBJECT: River Park Marina River Boat Tour Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Board approval to award RFP No. 12-021, River Park Marina River Boat Tour Services, to Water Lilly Cruises, Inc. as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) OTHER Approved s-o County Attorney (X) Originating Dept. ( X ) CONCURRENCE: ( ) DENIED Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures t/ OMB _ d Budget Analyst (X) �( Daniel McIntyre arstn Patty Marston p PRF Division (X) .. �r Manager Edward Matthews �` Mark DiMascio Parks and Special Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Director fJ FROM: Mark DiMascio, Division Manage / ��� DATE: August 7, 2012 SUBJECT: River Park Marina River Boat Tour Services ITEM NO. VI -El Background: On June 20, 2012, responses to RFP No. 12-021, River Park Marina River Boat Tours, were opened. Out of 171 companies notified, 3 bid documents were distributed and 1 bid document was received. The purpose of this RFP is to select one company to provide river boat tours from River Park Marina. The only proposal received was from Water Lilly Cruises, Inc., 7505 S. Indian River Drive, Ft. Pierce, FL 34982. River Lilly Cruises, Inc. has been providing scenic river tours at River Park Marina since 2004. Their current contract is set to expire on October 17, 2012. They are proposing to pay a fee of $200 per month for the mooring of their boat and temporary usage of the dock at River Park Marina for loading and unloading. This is the same amount that they currently pay. Recommendation: Board approval to award RFP No. 12-021, River Park Marina River Boat Tour Services, to Water Lilly Cruises, Inc. as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-E2 DATE: 8/7112 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio s SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Museum Point Park River Boat Tour Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: (X) RECOMMENDATION: Board approval to award RFP No. 12-031, Museum Point Park River Boat Tour Services, to COKEE/Swampland Tours 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 Approved 5.0 County Administrator, ICMA-CM County Attorney (X) Coo rd i n ation/S i ci n atu res Daniel McIntyre OMB Budget Analyst (X) ��v arie Gouinn atty Marston Originating Dept. ( X) PRF Division (X)'r_ Manager Edward Matthews Mark DiMascio Parks and Special Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Directo(-� FROM: Mark DiMascio, Division Manager DATE: August 7, 2012 SUBJECT: Museum Point Park River Boat Tours Services ITEM NO. VI-E2 Background: On June 20, 2012, responses to RFP No. 12-031, Museum Point Park River Boat Tours, were opened. Out of 171 companies notified, 2 bid documents were distributed and 1 bid document was received. The purpose of this RFP is to select one company to provide river boat tours from Museum Point Park. The only proposal received was from COKEE/Swampland Tours, #1 Avenue A, Ft. Pierce, FL 34950. COKEE/Swampland Tours will continue to permanently dock their boat at the Fort Pierce City Marina but would like to utilize the Summerlin T Dock for transient docking for river boat tours from Museum Point Park. They are proposing to pay a fee equal to 10% of the gross tour fees that originate from Museum Point Park or a guaranteed minimum of $50 per month. Recommendation: Board approval to award RFP No. 12-031, Museum Point Park River Boat Tour Services, to COKEE/Swampland Tours as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. TO: SUBMITTED BY: SUBJECT: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS St. Lucie TPO VI-F 8/07/2012 PUBLIC BEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) PRESENTED BY: y� Peter Buchwald, Executive Director Resolution No. 12-147, Approval of Federal Metropolitan Planning Grant First Authorization for FY 2012-13 BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has been granted an authorization of planning funds in the amount of $125,519. These funds are budgeted in the first year of the Unified Planning Work Program (UPWP) covering FY 2012/13 — FY 2013/14. Because the TPO account is within the budgetary system of the County, the County is required by Florida Statute Section 129.06(d) to amend by resolution the County budget for the receipt of the grant funds on behalf of the TPO. FUNDS AVAILABLE: 001547-1540-331130-100 Federal Highway Administration (Pending BOCC Approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 12-147 to amend the County budget in the amount of $125,519 for receipt of grant funds on behalf of the St. Lucie TPO. COMMISSION ACTION: ( APPROVED ( ) DENIED (� OTHER Approved 5-0 County Attorney ( ) Coordination/Signatures Heather Young CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analysts N Marieuin Sophia Holt Originating Dept. ( ) p �lYlav Peter Buchwald MEMORANDUM TO: Board of County Commissioners FROM: Peter Buchwald, AICP Executive Director, DATE: August 07, 2012 SUBJECT: Resolution No. 12-147, Approval of Federal Metropolitan Planning Grant First Authorization for FY 2012-13 ITEM NO: VI-F Backuround: The St. Lucie Transportation Planning Organization approved on April 4, 2012 the allocation of $648,000 in Federal Metropolitan Planning (PL) funds for FY 2012/13. These funds were budgeted in the first year of the Unified Planning Work Program (UPWP). The St. Lucie Transportation Planning Organization has been authorized by the Florida Department of Transportation to expend $125,519 of PL Funds for the first year of the UPWP covering the period from July 1, 2012 through June 30, 2013. This is the first authorization of PL funds for the first year of the UPWP. Recommendation: Board approval of Resolution No. 12-147 to amend the County budget in the amount of $125.519 for receipt of grant funds on behalf of the St. Lucie TPO. oi�i,, F... PnH Pi., ru nnrr sr i ude. St. I. side Village and St. Lucie County Florida Department of Transportation RICK SCOTT 3400 West Commercial Boulevard ANANPETARD, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY RETARY July 23, 2012 The Honorable Kathryn Hensley, Chairperson St. Lucie Transportation Planning Organization 2300 Virginia Avenue. Fort Pierce, FL 34982 Dear Ms. Hensley: SUBJECT: St. Lucie Transportation Planning Organization (TPO) FY 2012/2013 Unified Planning Work Program (UPWP) FM No. 423604-1-14-01; Contract No. A5115; F.A. Program No. PL-0311(49) The St, Lucie TPO is authorized to expend up to an additional $125,519 of Federal Metropolitan Planning (PL) Funds for the UPWP covering the time period from July 1, 2012 through June 30, 2013. This is the first authorization of PL funds budgeted for the FY 12/13-13/14 UPWP. • ' Provision of the required matching amounts by the TPO and the State ■ Compliance with any conditions placed on individual UPWP tasks Provision of all required documentation with requisitions. Please contact Arlene Tanis at 954-777-4651 if you have questions or need additional information. Sincerely, G;ny O�R illy, P.E. Director of Transportation Development District Four GO:art cc: Peter Buchwald, TPO (via email) Tamara Christion, FHWA (via email) Yvonne Arens, FDOT (via email) Lee Calhoun, FDOT (via email) Nancy Ziegler, FDOT District Four (via email) Jeff Weidner, FDOT District Four (via email) Antonette Adams, FDOT District Four (via email) Nikye Joseph, FDOT District Four (via email) Arlene Tanis, FDOT District Four (via email) www.dot.state.fl.us RESOLUTION NO. 12-147 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 in the amount of $125,519. 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 August, 2012, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget is hereby amended as follows: REVENUE 001547-1540-331130-100 Federal Highway Administration $125,519 APPROPRIATIONS 001547-1540-599300-100 Reserves $125,519 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 7TH DAY OF AUGUST 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY. FLORIDA RIN CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-G j DATE: 08/07/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ben DeVries SUBMITTED BY: Administration — TC Research Park Executive Director SUBJECT: Bid No. 12-019 Treasure Coast Research Park Infrastructure Phase I — Stage I BACKGROUND: See attached memorandum FUNDS AVAILABLE: 316-3716-563000-093610 TC Research Park — Capital Budget / Infrastructure (pending BOCC approval) PREVIOUS ACTION: COMMISSION ACTION: (X) APPROVED ( ) OTHER Approved 4-0 Commissioner Hutchinson Abstained from Vote March 11, 2012 — Invitation to Bid published June 1, 2012 — Bid opening BOCC approval to reject the proposals received for Bid 12-019, Treasure Coast Research Park Infrastructure Phase I —Stage I, and permission to re -advertise. ( ) DENIED Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Sianatu res County Attorney ( ) OMB Director ( ) llky nrti Budget Analyst Dan cln� tyVl ( arie Gouin K atty Marston Originating Dept. ( ) f /�� Purchasing Dept. ( ) \ Q C Ben DeVries Desiree Cimino Treasure Coast Research Park 1►i1_=1 Kill71��1 TO: Board of County Commissioners (� FROM: Ben D. DeVries, Executive Director DATE: August 7, 2012 SUBJECT: Bid No. 12-019 Treasure Coast Research Park Infrastructure Phase I — Stage I ITEM NO. VI-G Background: The Research Park is in the infrastructure phase for the development of Quad A, Phase I — Stage I. Included in the scope of work for Bid No. 12-019 was a paved parking lot (on site work) and the construction of a southbound turn lane on Kings Highway at Pruitt Research Road (off site work). In recent meetings with FDOT, staff learned the southbound turn lane would be constructed by FDOT as part of their widening project of Kings Highway. Seven bids were received on June 1, 2012. All bids exceeded the funds budgeted for this project. The engineers agreed the cost of the project could be reduced by eliminating the southbound turn lane (off site work) and the parking lot (on site work). The parking lot could be built when the first building is constructed. The elimination of these two items will bring the project in line with the capital budget and will not have an adverse impact on the infrastructure project. TCERDA recommends the BOCC reject this bid for the following reasons: 1) We now anticipate FDOT will expedite the Kings Highway intersection at Pruitt Research Road eliminating the immediate requirement to construct a turn lane which was a substantial component of this project. 2) The apparent low bidder indicated a nominal cost of $10 for the canal control structure at the Kings and Pruitt Research Road intersection. This is part of the project that will be required now regardless of FDOT's anticipated improvements. We believe the uncertainty on this item is a material question that requires re -issue of the RFP. Recommendation: BOCC approval to reject the proposals received for Bid 12-019, Treasure Coast Research Park Infrastructure Phase I — Stage I, and permission to re -advertise revised scope of work. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET- BID #12-019 PURCHASING DEPARTMENT TREASURE COAST RESEARCH PARK INFRASTRUCTURE IMPROVEMENTS PHASE 1- STAGE I OPENED: JUNE 01, 2012 AT 3:00 PM Seven (7) submittals were received for subject proposal: Listed Alphabetically ON -SITE WORK OFF -SITE WORK DICKERSON FLORIDA BASE BID P.O. Box 910, Fl, Pierce, FL 3494 IALT "A" - $ 1,729,445.74 BASE BID /ALT"A" - $ 1,064,492.50 BASE BID Tel: 772.4294444 /ALT "B" - $ 1,735,904.94 BASE BID Fax: 772-4294445 / ALT "B" - $ 1,069,162.10 LT "C" - $ 100 000.00 FLEX ASSOCIATES OF FLORIDA INC. BASE BID 8626 S.W. Kansas Ave., Stuart, FL 34997 /ALT "A" - $ 1,604,070.92 BASE BID / ALT "A" - $ 882,417.25 BASE BID Tel: 772-220-2722 wlALT"B"- $1,484,047.40 BASE BID Fax: 772-220-2728 wlALT"B" - $ 866,123.83 LT"C" - $ 116,165.00 GUETTLER BROTHERS CONSTRUCTION BASE BID 4401 Whiteway Dairy Rd., Ft, Pierce, FL 34947 wl ALT "A" - $ 1,295,263.58 BASE BID / ALT "A" - $ 680,056.57 BASE BID Tel: 772461-8345 /ALT'B" - $ 1,295,263.68 BASE BID Fax: 772461-8039 IALT"B" - $ 680.056.57 ALT"C" - $ 105,000.00 J. W. CHEATHAM. LLC BASE BID 7396 Westport PI., West Palm Beach, FL 33413 / ALT "A" - $ 1,860,342.73 BASE BID / ALT "A" - $ 867,393.19 BASE BID Tel: 661-471-4100 IALT"B"- $1,850.008.01 BASE BID Fax: 661471-8348 /ALT"B' - $ B46,617.21 LT "C' - $ 175 700.00 MELVIN BUSH CONSTRUCTION INC. BASE BID 2748 SW Casella St., Port St. Lucie, FL 34953 W / ALT "A" - $ 1,386,276.13 BASE BID /ALT"A" - $ 867,327.76 BASE BID Tel: 772-336-0623 /ALT"B" - $ 1,396,933.81 BASE BID Fax: 772-336-0488 wl ALT "B" - $ 874,367.25 LT "C" - $ 92 610.60 RIC- MAN INTERNATIONAL INC. BASE BID 2601 Wiles Rd., Pompano Beach, FL 33073 / ALT "A" - $ 2,732,161.63 BASE BID IALT'A''- $1,075,779.64 BASE BID Tel: 954426-1042 /ALT"B" - $ 2,732,161.63 BASE BID Fax: 954-426-0717 / ALT "B' - $ 1.086,472,20 LT "C" - $ 121 000.00 WESTWIND CONTRACTING INC. BASE BID 3799 W. Hallandale Beach Blvd., Pembroke Park, FL /ALT"A' - $ 1,647,372.71 BASE BID 33023 / ALT "A" - $ 916,918.96 BASE BID Tel: 954-961-7200 /ALT"B" - $ 1,653,831.91 BASE BID Fax: 954-961-7222 I ALT "B" - $ 920.233.05 ALT "C" - $ 30.660.00 Number of companies notified*: 1362 Number of bid documents distributed*: 95 Number of bids received: 7 *per demandstar.com AGENDA REQUEST ITEM NO. VI-G2 DATE: 8107112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye Outlaw, MPA SUBMITTED BY: Administration County Administrator, ICMA-CM SUBJECT: Rescission of Interim Board Chairs and Interim Board Committee Appointments BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 17th BOCC Meeting RECOMMENDATION: Board rescission of the interim appointments made at the April 17th BOCC Meeting. COMMISSION ACTION: CONCURRENCE: (Y APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator, ICMA CM Coordination/Signatures OMB Director County Attorney (X) II&I._ff, P �M Budget Analyst Daniel McIntyre Originating Da� — --- Purchasing Faye Outlaw, MPA (X) Marie Gouin Robert O'Sullivan (X) Melissa Simberlund e Administration MEMORANDUM TO: St. Lucie.County Board of County Commissioners FROM: Faye Outlaw, County Administrator, MPA, ICMA- DATE: August 7, 2012 SUBJECT: Rescission of Interim Board Chairs and Interim Board Committee Appointments ITEM NO. VI-G2 This item is a request for the Board to approve the rescission of the interim appointments the Board made at it's regular meeting held on April 17, 2012 as outlined below. Board of County Commissioners Chairman Vice -Chairman Chairman or Designee Roundtable of St. Lucie County Inc. Tourist Development Council Treasure Coast Workforce Consortium Board or Committee Blueway Advisory Committee IR Lagoon National Estuary Program Adv. Committee Land Acquisition Selection Committee St. Lucie County Fire District Treasure Coast Regional Planning Council Workforce Development Board of the Treasure Coast Solar and Energy Loan Fund (SELF) Program Interim BOCC Appointment Commissioner Mowery Commissioner Lewis Commissioner Lewis Commissioner Mowery Commissioner Mowery Commissioner Hutchinson Commissioner Hutchinson Commissioner Craft Commissioner Craft Commissioner Lewis Commissioner Lewis Commissioner Craft Recommendation: Staff recommends the Board of County Commissioners approve the rescission of the Board's interim appointments made on April 17, 2012. This action will restore the appointments the Board made at the Board's reorganization meeting on November15, 2011 as outlined in Attachment A. 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F- F- F- F- Un > U) «°a ITEM NO. 17sAI=1 VI-H1 8/7/2012 AGENDA REQUEST .REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski �1 SUBMITTED BY: Housing and Community Services/Housing Housing Manager" SUBJECT: St. Lucie County HOME Consortium - Consolidated Plan FY13 - FY18 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the St. Lucie County HOME Consortium Consolidated Plan, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (j APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB Director —K Budget Analyst Da i _S McIntyre Originating Dept. Beth Ryder Marie Gq in Sophia He Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director,�o j FROM: Diana Wesloski, Housing Manager DATE: 8/7/2012 SUBJECT: St: Lucie County HOME Consortium - Consolidated Plan FYI - FYI ITEM NO. VI — H1 Backaround: On June 6, 2006, the Board approved forming the St. Lucie County HOME Consortium in partnership with Indian River and Martin Counties. The Consolidated Plan describes the jurisdiction's community development priorities and multiyear goals based on an assessment of housing and community development needs, an analysis of housing and economic market conditions and available resources. Recommendation Board approval of the St. Lucie County HOME Consortium Consolidated Plan, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Consolidated Plan ST. LUCIE COUNTY HOME CONSORTIUM CONSOLIDATED PLAN FEDERAL FISCAL YEARS 2012-2017 INDIAN RIVER, MARTIN, ST. LUCIE COUNTIES, FLORIDA St. Lucie County NONE Can r., f eAi n INTRODUCTION 1 Background and Purpose _ I Consolidated Plan Period 1 Function of the Consolidated Plan - 1 Consolidated Plan Strategies 1 Lead Agency - 2 Citizen Participation 2 EXECUTIVE SUMMARY 3 STRATEGIC PLAN 3 Mission: 3 Introduction 4 Federal Goals 4 Time Period 4 Income Ranges Funding Resources Explanation of Strategies and. Funding —4 __ 4 - 5 Special Needs 5 Planning and Administration: GENERAL QUESTIONS Managing the Process (91.200 (b)) Citizen Participation (91.200 (b)) Institutional Structure (91,215 (i)) Monitoring (91.230) Priority Needs Analysis and Strategies (91.215 (a)) Lead -based Paint (91.215 (g)) _ Housing Needs (91.205) Disproportionate Analysis Priority Housing Needs (91.215 (b)) Housing Market Analysis (91.210) Specific Housing Objectives (91.215 (b)) Needs of Public Housing (91.210 (b)) Public Housing Strategy (91.210) Barriers to Affordable Housing (91.210 (e) and 91.215 (f)) Homeless Needs (91.205 (b) and 91.215 (c)) Priority Homeless Needs Homeless Inventory (91.210 (c)) X Current In veutoly SUBTOTALS: SUBTOTAL CURRENT INVENTORY: New Inventory in Place to 2006 Five Year Consolidat9d Plan 2012--20Fi A 6 9 10 11 12 13 14 15 19 19 20 22 23 24 25 27 .30 30 31 32 32 32 33 St. Lucie Cc ifm y i40tN'I-` Ct�rrsst.rr thrrrr SUBTOTALS: SUBTOTAL NEw INVENTORY: SUBTOTAL INVENTORY UNDER DEVELOPMENT: 33 33 33 Current Inventory SUBToTALs: 34 34 SUBTOTAL CURRENT INVENTORY; 34 New Inventory in Place in 2006 35 SUBTOTALS; 35 SUBTOTAL NEw INVENTORY: - 35 SUBTOTAL INVENTORY UNDERDEVELOPMENT: 35 Homeless Strategic Plan (91.215 (c)) 36 Emergency Shelter Grants (ESG) - N/A 36 Community Development (91.215 (e)) -N/A 37 Antipoverty Strategy (91.215 (h)) —N/A 37 Low Income Housing Tax Credit (LIHTC) Coordination (91.315 (k)) — N/A 37 Specific Special Needs Objectives (91.215) 38 Non -homeless Special Needs (91.205 (it) and 91.210 (d)) Analysis (including HOPWA)_38 Persons. with Disabilities (Physically Disabled, Developmentally Disabled) 38 Persons with HIV/AIDS 39 Farm workers and Migrant Farm workers __ 40 Housing Opportunities for People with AIDS (HOPWA) - N/A 43 Specific HOPWA Objectives 44 Five Year Consolidated Plan 2012-' O z' 7 St Lucie Couriry tIOME CM1 W i1MV1 INTRODUCTION Background and Purpose Title I of the National Affordable Housing Act established the requirement that states and local governments applying for direct assistance under certain U.S. Department of Housing and Urban Development (HUD) programs have their Consolidated Plan approved by HUD. Federal law requires each local jurisdiction to describe its plan for providing docent housing and a suitable living environment principally for low- and moderate -income persons. The jurisdiction must set out a three to five-year strategy that establishes priorities, identifies resources available to meet goals and objectives, and establishes a one-year Action Plan. Consolidated Plan Period The St. Lucie County HOME Consortium will submit five-year Consolidated Plan to HUD in August 2012, which will cover fiscal years beginning October 1, 2012 through September 30, 2017. The initial One Year Action Plan is to be submitted on August 15, 2012. Annual updates to the One Year Action Plan will be submitted by August 15'h of each year thereafter. Function of the Consolidated Plan The Consolidated Plan is the document submitted to the U.S. Department of Housing and Urban Development (HUD) that serves as the comprehensive assessment of the jurisdictions' needs and identifies resources available to meet those needs. The Consolidated Plan is: 1. A planning document for the St. Lucie County HOME Consortium which builds on a participatory process at the lowest levels; 2. An application for federal funds under the HUD formula grant programs; 3. A data driven document that details community needs and offers measurable solutions; and 4. An action plan that identifies activities undertaken by the jurisdiction annually to meet its needs and determines their effectiveness. The Consolidated Plan includes the application requirements for the following programs: • The HOME Investment Partnerships (HOME) program • American Dream Initiative Partnership program It also includes other federal, state, local and private resources that will be used for housing and community development needs. Consolidated Plan Strategies The Housing, Homeless, HIV/AIDS Housing and Special Needs Assessments, and the Housing Market Analysis describe the housing needs of extremely low-, low-, and moderate -income families, the homeless, and individuals with special needs, as well as characteristics of the three county's housing market. The Strategic Plan outlines priorities for the five-year planning period. The Action Plan allocates resources for each individual year. The St. Lucie County Housing Division prepared this submission Five Year Consolidated Plan 201 St. Luck County 140ME in accordance with 24 CFR Section 91 Consolidated Submission for Community Planning and Development Programs. Lead Agency The St. Lucie County Board of County Commissioners is the lead agency responsible for overseeing the development of the Consolidated Plan. The St. Lucie County Housing Division will administer the programs covered by the Consolidated Plan as a result of the consolidation of Indian River, Martin and St, Lucie Counties to create a HOME Investments Partnership Consortium. Citizen Participation The Consolidated Plan also includes a summary of the citizen participation process, including citizen comments, and responses from the St. Lucie County Housing Division. The Citizen Participation Plan, is included in this document. Five Year {lensohdaied Plan 2012-: O i St. Lucie County HOME Conr-mli n; w 3-5 Year Strategic Plan nThis document includes Narrative Responses to specific questions 9a� Al oeve o2 that grantees of the Community Development Block Grant, HOME Investment Partnership, Housing Opportunities for People with AIDS and Emergency Shelter Grants Programs must respond to in order to be compliant with the Consolidated Planning Regulations. EXECUTIVE SUMMARY The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. 3-5 Year Strategic Plan Executive Summary: The St. Lucie County Home Consortium, consisting of the three counties of Indian River, Martin and St. Lucie Counties, is submitting a Consolidated Plan. This five- year Consolidated Plan will cover fiscal years beginning October 1, 2012 through September 30, 2017. The Consortium's County Commissioners and other community leaders recognize the need for strategic planning and use various mechanisms to ensure that a meaningful process Is used to set goals and objectives for effective and efficient use of resources. The Consolidated Plan can be tied to the Counties' Comprehensive Plans, the Continuum of Care. Plan and Local Housing Assistance Plans (LHAP) that outline strategies and performance measures. . The St. Lucie County Board of County Commissioner's Housing Division Is the lead. agency responsible for overseeing the development and implementation of the Consolidated Plan. The Consolidated Plan contains a Citizen Participation Plan, housing data, a discussion of the strategies,, priority needs and objectives for housing activities, a one-year Action Plan, and certifications required by HUD The Consolidated Plan was developed utilizing demographic data, consultation with public and private agencies, and citizen participation. STRATEGIC PLAN Due every three, four, or five years (length of period is at the grantee's discretion) no less than 45 days prior to the start of the grantee's program year start date. HUD does not accept plans between.August 15 and November 15. Mission: The St. Lucie County HOME Consortium seeks to improve the quality of life for the low and moderate income citizens of the Consortium, to create coordinated programs that will result in stable, integrated and mixed income communities and to increase economic opportunities and improve living standards. It is the mission of the St. Lucie County HOME Consortium to accomplish these initiatives via the coordination of many different programs, including State Housing Assistance Program (SHIP), and Residential Construction Mitigation Program (RCMP). Five Year Cmisolldated Plan 201,E =[vi _ _.. --------- --- St. Lucie County HOME Cote: <o(�6oni Introduction In accordance with 24 CFR Section 91,415, the Lead Agency for the St. Lucie County HOME Consortium has prepared a Strategic Plan which will cover a five-year period from October 1, 2012 through September 30, 2017, It will bring together the needs and resources identified in a coordinated housing strategy, which addresses the need for safe, decent, affordable housing for homeowners. Federal Goals In accordance with the overall goals mandated by HUD's Consolidated Planning process In accordance with 24 CFR Section 91.1, the overall goal of this plan is to increase the availability of decent, safe, and affordable housing to income eligible homeowners in the HOME Consortium's three counties through down payment assistance to first time homebuyers and the rehabilitation of existing owner occupied homes. Over the next five years the St. Lucie County HOME Consortium will assist 15 first time homebuyers purchase a home and rehabilitate 30 existing owner occupied homes. Time Period The St. Lucie County Home Consortium's Strategic Plan will cover a five-year period beginning October 1, 2012 through September 30, 2017. Income Ranges Recipients of assistance in this plan will fall into the following income categories: Extremely Low income is 30% of the applicable county's AMI, Very Low income is 50% of the applicable county's AMI, and Low Income is up to 80% of the applicable county's AMI, Funding Resources The St. Lucie County HOME Consortium proposes to use a combination of Federal, state and local resources available to help address the needs outlined in this five- year plan. The Consortium receives Federal resources from the HOME Investment Partnerships program. In addition, members of the Consortium also receive funding from the State of Florida from the SHIP program distributed by FHFC. Each county also contributed a one time buy in to further address the needs of the consortium. Prnnnsa(i Fnndinn ((;rncc Amniinfc) Source One Year Period Five -Year Period Estimated HOME 469,683 2,348,415 One Time Buy -In 91,088 91,088 RCMP 100 oo0 500,000 SHIP 103 000 515,000 Total 763,771 $3,454,503 This chart includes administration at ten percent. It is anticipated the Consortium will generate program Income from its various activities, including loans, interest payments, and other sources of income. Program income and/or recaptured funds generated through the HOME program will be reallocated into the activities that generated the revenue. Five Year Consolidated Plan 201< _ St. Lucie County HOME Con_=.r,i ti,,,mt Explanation of Strategies and Funding The following strategies all represent minimum goals the Consortium seeks to achieve. They in no way prohibit the Consortium from exceeding those minimum goals. The dollar allocations may be adjusted up or down based on availability in funds or changes in circumstances during the five-year planning period. Down Payment and Closing Cost Assistance: It is the purpose of this strategy to increase the number of affordable, owner - occupied homes in the St. Lucie County HOME Consortium through assistance with the purchase of new and existing homes. This assistance is made available to very low and low Income applicants. Applications for home -ownership will be reviewed and ranked by the Housing Division staff or appropriate SHIP office of each jurisdiction. Applications will be ranked according to categories such as income, credit worthiness, feasibility, and affordability. The St. Lucie County HOME Consortium will award assistance in the form of deferred payment loans to cover down payment/closing costs for eligible households. Rehabilitation: The purpose of this strategy is to assist with the repairs to owner -occupied homes in the St. Lucie County HOME Consortium. This will allow the units to remain in the residential housing stock. The program provides funds to owner -occupants through repair or replacement/reconstruction assistance, eliminating housing related code violations, correcting safety and sanitary issues. SHIP funds, received by each of the three counties in the Consortium may be spent on any of these priorities based on a given County's LHAP for the Plan years represented by this document. The LHAPs are incorporated into the Consolidated Plan by reference. Findings A review of the most recent market analysis shows several problem areas in affordable housing which need to be addressed. The data shows the need for affordable homeownership financing opportunities in all countywide markets, with the need concentrated among lower -income households and minority households. A potential solution includes offering down payment/closing cost assistance to purchase affordable housing units. Data also showed significant numbers of housing units were experiencing over- crowded conditions, lacking central heating, lacking complete kitchens, and lacking complete plumbing. Potential solutions include rehabilitation and/or replacement of owner -occupied units. Special Needs The St. Lucie County HOME Consortium intends to include the special needs populations in those clients assisted. Homelessness The St. Lucie County HOME resources. Currently, Treasure through the Continuum of Care Consortium is not providing funding from these Coast Homeless Services Council, Inc. offers funding program. rive Year consolidated Plan Zos;' 0 , Si Lucie Count}+ 110N Curr r�r_•.r� Planning and Administration: The St. Lucie County Housing Division will utilize all HOME administration funds to administer and manage the equitable, timely and cost effective implementation of feasible projects, and will continue to annually update the One Year Action Plan to ensure that current identified needs are met. The strategies will be coordinated and monitored by the St. Lucie County Housing Division on behalf of the Consortium in cooperation with the other two- county governments' housing departments of Martin County and Indian River County, GENERAL QUESTIONS 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed. The St. Lucie County HOME Consortium covers 1,632 square miles of land in Florida, with 265 persons per square mile. From 2000 to 2010, the population of the United States grew by nine (9.7%) percent. The State of Florida's population increased by over seventeen (17.6%) percent. It is expected the St. Lucie County HOME Consortium population will increase by just under sixty-six percent (660/6), from 432,373 to 653,305, between the years 2000 and 2025, The 2011 Census reported that 132,854 residents were over 65 years old (20.4%), and 113,706 were under 18. (21.9%). Over fifteen .percent (15%) of the St. Lucie County HOME Consortium population is "foreign born," and over nineteen (19%) speak a language other than English at home. More than 94,610 people over the age of five are disabled as of the 2000 US Census. In 2010, there were 291,506 housing units in the region and 219,866 households (with an average of 2.43 persons per household). Table 1 shows the current population, as of 2010, and the projected population through 2025 for the three county regions. Table 1: St. Lucie Countv HOME Consortium Proiected Population Permanent Residence County 2010 2015 2020 1 2025 Indian River 138 028 148,900 161 303 173 499 Martin 146 318 154 101 163 304 172 204 St. Lucie 277,789 315 097 357 397 399 405 Total 562 135 541,501 609,706 1 653,305 Source: Florida Housing Data Clearing House Table 2 shows the population, as of 2010, living in poverty within the St. Lucie County HOME Consortium. Table 2: St. Lucie Countv HOME Consortium Ponulation Living in Pnverty Counties 2010 Census Population Persons Living in Poverty % Living in Poverty Indian River 138,028 3 200 5.2% Martin 146,318 2,139 3.4% St. Lucie 277,789 5,834 5.3% Consortium 562135 11173 4.6% Source: Florida Housing Data Clearinghouse, Shimberg Center, University of Florida, 2010 Five year consolidated Plan 20.12- 0 5t Lticfe Comity t10141: Oran ,ortium Table 3 illustrates the 2007 and the current 20012 median family income for Indian River, Martin and St. Lucie counties. Tahla 9t St. Luria rnnnty HnMF l'nncnrtinm Martian Fnmih, inrnma Area Median Family Income 2007 Median Family Income 2012 Indian River County $54,100 $53,800 Martin County $52,800 $57,000 St. Lucie County $52,800 $57,000 Consortium Average $53,233 $55,933 Source: Florida Housing Data Clearing House MAP 1-Florida's St. Lucie County HOME Consortium 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) and the basis for assigning the priority (including the relative priority, where required) given to each category of priority needs (91.215(a)(2)). Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. Funding will target the unincorporated areas of Indian River, Martin and St. Lucie Counties and will function as an expansion of the SHIP program in all three counties. Review of the three county LHAPs and the current market determined the priority of Five Year consolidated Plan 201 03, St. Luaie.Countyr t-10NE_ Cole_: irtrl;n'r the St. Lucie County HOME Consortium to be safe, decent affordable housing for homeowners. Funding will be allocated to neighborhoods that fall into the very low and low income range. For example, St. Lucie County will be targeting areas such as, but not limited to, Harmony Heights and Sunland Gardens. 3. Identify any obstacles to meeting underserved needs (91>215(a)(3)). Obstacles to meeting underserved needs in this area include lack of consumer education, lack of knowledge about governmental program, difficulty navigating the permitting and governmental assistance process. Other obstacles include regulation reforms, impact fees, and proper zoning. The county has formed an Affordable Housing Advisory committee according to Florida Statute #k420.9076. As part of HB 1375 which was enacted in 2007, the Legislature revised section 420.9076, F.S. to require that local governments establish a local Affordable Housing Advisory Committee (AHAC). According to state law, the principal responsibility of the AHAC is to submit a report to the local governing body that includes a recommendation on or evaluation of the affordable housing incentives identified in Paragraphs A-K of Section 420.9076 (4), F.S. Consistent with the provisions of section 420,9076 F.S., each AHAC must review the local government's established policies and procedures, ordinances, land development regulations and comprehensive plan and must recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. Section 420.9076 (4) F.S. requires that, at a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on affordable housing incentives in the following areas: As part of HB 1375 which was enacted in 2007, the Legislature revised section 420.9076, F.S. to require that local governments establish a local Affordable Housing Advisory Committee (AHAC). According to state law, the principal responsibility of the AHAC is to submit a report to the local governing body that includes a recommendation on or evaluation of the affordable housing incentives identified in Paragraphs A-K of Section 420.9076 (4), F.S. Consistent with the provisions of section 420.9076 F.S., each AHAC must review the local government's established policies and procedures, ordinances, land development regulations and comprehensive plan and must recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of property to appreciate in value. Section 420,9076 (4) F.S. requires that, at a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on affordable housing incentives in the following areas: The processing of approvals of development orders or permits, as defined in Sections 163.3164(7) and (8), Florida Statutes, for affordable housing projects is expedited to a greater degree than other projects; Five Year Consolidated Alan 201.r 'J.> 5t Lucie County HONE Can ortivni b. The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing; c. The allowance of flexibility in densities for affordable housing; d. The reservation of infrastructure capacity for housing for very -low income persons, low Income persons, and moderate -income persons; e. The allowance of affordable accessory residential units in residential zoning districts; f. The reduction of parking and setback requirements for affordable housing; g. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing; h. The modification of street requirements for affordable housing; I. The establishment of a process by which the County considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; j. The preparation of a printed inventory of locally owned public lands suitable for affordable housing; k. The support of development near transportation hubs and major employment centers and.mixed-use developments. Managing the Process (91.200 (b)) 1. Lead Agency. Identify the lead agency or entity for overseeing the development of the plan and the major public and private agencies responsible for administering programs covered by the consolidated plan. The St. Lucie County Housing Division is the lead entity responsible for administration and management of the funding received by HUD. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. The consortium membership has explored the development of this consortium numerous times. As the lead agency for the Consolidated Plan, the St. Lucie County Housing Division utilized several methods in the development of the consolidated plan. Upon completion of the draft, the Plan was advertised in all local newspapers during a 30 day comment period, and three public hearings were advertised and conducted, one in each county. In an effort to achieve maximum participation, announcements were published in the local newspapers in all counties. The Consortium urged agencies and interested parties to submit written comments throughout the process or to contact the St. Lucie County Housing Division for information. Below is a list of agencies contacted during the development of this plan: 211 Information Children's Home Society, Treasure Coast Division Bridge to Life Ministries CCC Group Five Year consolidated Plan 20J City of Fort Pierce -Community Development St. Lucie t OUITty HOME Co City of Port St. Lucie Community Services Common Grounds - Treasure Coast Helping Hands Community Church Community Foundation for Palm Beach Executive Round Table Family Preservation Services Fellsmere Community Enrichment Program Martin County Health & Human Services Habitat for Humanity of Indian River County Homeless Family Center Indian River Housing Authority Indiantown Non -Profit Housing IRC Health Department Indian River County Human Services M.I.S.S. of the Treasure Coast Mustard Seed New,Horizon SafeSpace TCCC, Inc. St. Vincent De Paul Workforce Development Board Department of Children & Families Project Response Five Year Cgnsandated Plan 2012 :Jj 1L1 St. Lucie County H€aME' Coris 3. Describe the jurisdiction's consultations with housing, social service agencies, and other entities, including those focusing on services to children, elderly persons, persons with disabilities; persons with HIV/AIDS and their families, and homeless persons. - *Note: HOPWA grantees must consult broadly to develop a metropolitan -wide strategy and other jurisdictions must assist in the preparation of the HOPWA submission• The idea of the consortium which has been explored previously, has now been implemented and at this time is considered successful. In addition to the activities described above, the Consortium's lead agency attended monthly meetings of service provider network groups, homeless coalitions, the CoC, and the Workforce Boards. Data for the Consolidated Plan was gathered from the State of Florida Health Departments in each of the three counties, the Regional Planning Council, Public Housing Authority Executive Directors and their 5-year plans. Potential strategies emerged from discussions between the three counties and by researching the needs of the counties. Data utilized is this plan came from the Shimberg Center on Affordable Housing and from the US Census website. Data was pulled from those sites due to the availability of recent figures and the accuracy for the consortium specified areas. Citizen Participation (91.200 (b)) 1. Provide a summary of the citizen participation process. In order to provide citizens with information concerning the St. Lucie County HOME Consortium, the consortium will take the following actions: a. Make available to the public, in a reasonable and timely manner, information concerning the amounts of funds available for various activities and the range of activities that may be undertaken;. b. Provide citizens with adequate notice of public hearings, which are to be held at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped. If a significant number of non-English speaking residents could reasonably be expected to attend a public hearing, an interpreter will be provided for the language expected to be represented; C. Hold at least one Public Hearing to obtain the views of citizens on the needs of the community; d. Consider any comments and views expressed by citizens on the proposed Consolidated Plan and One Year Action Plan and, if appropriate, modify the proposed plans; All grievances and complaints will receive a written answer within 15 working days where practicable. Verbal complaints cannot be remedied immediately will be documented by the beneficiary (or a designated representative of the St. Lucie County HOME Consortium) and signed to be treated as all other written complaints. The public hearings were held as follows: August 7, 2012, TIME TBD at 1801 27TH Street Vero Beach, FL; August 7, 2012, TIME TBD at 437 N 71h Street Fort Pierce, FL; and August 7, 2012 TIME TBD at 2401 SE Monterey Rd. Stuart, FL. 2. Provide a summary of citizen comments or views on the plan. Five Year Consolidated Flan ZO] St. Lucie County HOME Cot , >: r i;rnr - To be completed after the Public Nearing has been issued. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. Meetings were advertised in local newspapers in the three county region. A translator was made available in the event Spanish-speaking citizens were in attendance. All meetings were held in facilities that are accessible. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. There were no comments not accepted. *Please "note that Citizen Comments and Responses may be included as additional files within the CPMP TooL Institutional Structure (91.215 (i)) 1. Explain the institutional structure through which the jurisdiction will carry out its consolidated plan, including private industry, non-profit organizations, and public institutions. The Consolidated Plan is to be carried out through a combination of public, private, and non-profit organizations, many of which participated in the public participation process of the five-year plan. It is the intent of the St. Lucie County Consortium to set up a Community Advisory Task Force made up of one appointed member from each county within the consortium. Doing so will ensure the interest of all three counties are met. Currently, the St. Lucie County HOME Consortium does not have any CHDOs that cover the three county area. The consortium will discuss ways to implement the development of a CHDO representative of the three county area. 2. Assess the strengths and gaps in the delivery system Some of the strengths of the delivery system of housing programs include: • The number of lenders and mortgage brokers participating in the three county Lending Consortium; • The variety of non-profit organizations active in the communities, such as Habitat for Humanity, Indiantown Non -Profit Housing, Inc., and the local housing offices; • Dedicated organizations devoted to the homeless and low-income Individuals and families. Some gaps and weaknesses in the delivery system include: • Lack of CHDOs throughout the three counties; Lack of adequate funding; • Lack of contractors and subcontractors owned by minorities and/or women; Five Year Consolidated Plan 2012 x);.. 12 St. Lucie County " (31W Cc =:rr; 3. Assess the strengths and gaps in the delivery system for public housing, including a description of the organizational relationship between the jurisdiction and the public housing agency, including the appointing authority for the commissioners or board of housing agency, relationship regarding hiring, contracting and procurement; provision of services funded by the jurisdiction; review by the jurisdiction of proposed capital improvements as well as proposed development, demolition or disposition of public housing developments. A very large gap in the delivery system is that all three public housing agencies operating within the Consortium are mostly city confined authorities, but do participate in programs in the unincorporated 'areas of their respective counties. This Consolidated Plan does not cover any of the municipalities within the three -county region. Monitoring (91.230) 1. Describe the standards and procedures the jurisdiction will use to monitor .its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. The Leading Agency, with strict policy and purchasing procedures in place, will act as the consortiums monitor, approving all bids prior to award and ensuring that the needs of the representative counties are met. Each county will also monitor Its programs internally on an ongoing basis. This Includes the monitoring of purchase orders, procurement, invoices, and site inspections in order to ensure all projects and activities using Consolidated Plan Program federal dollars are in compliance with requirements of the programs involved, including minority business outreach and comprehensive planning requirements. Citizens are encouraged to comment on the performance of local government and nonprofit agencies in implementing the Consolidated Plan programs and projects in meeting program objectives. A monthly financial report will be created to monitor expenditures and commitments of all funds. This report tracks actual disbursements and provides a schedule for future activities. Priority Needs Analysis and Strategies (91.215 (a)) 1. Describe the basis for assigning the priority given to each category of priority needs. A review of the most recent market analysis shows several problem areas in affordable housing which need to be addressed. The data shows the need for affordable homeownership financing opportunities in all countywide markets, with the need concentrated among lower -income households and minority households. A potential solution includes offering down payment assistance to purchase affordable housing units. Data also showed significant numbers of housing units were experiencing over- crowded conditions, lacking central heating, lacking complete kitchens, and lacking complete plumbing. Potential solutions include rehabilitation and/or replacement of owner -occupied units. Five Year Consolidated Plan 201 ' - St. Lucie Couidv HOME Coil a; Funding will target the unincorporated areas of Indian River, Martin and St. Lucie Counties and will function as an expansion of the SHIP program in all three counties. Review of the three county LHAPs and the current market determined the priority of the St. Lucie County HOME Consortium to be safe, decent affordable housing for homeowners. Funding will be allocated to neighborhoods that fall Into the low to moderate income range. For example, St. Lucie County will be targeting areas such as, but not limited to, Harmony Heights and Sunland Gardens. 2. Identify any obstacles to meeting underserved needs. The priority is safe, decent, affordable housing for, homeowners. Obstacles to meeting the underserved needs within the three counties include: • High cost of materials, labor, construction costs, permitting, impact fees, and other factors related to building; • Lack of housing which qualifies for assistance under the SHIP and HOME programs due to the unsafe conditions and needed rehabilitation of housing that can be assisted; • Individuals unwilling to have a second mortgage on their homes in association with housing rehabilitation or down payment assistance; • Some extremely low-income residents unable or unwilling to participate in down payment assistance and rehabilitation programs; • Money management skills needed by new owners participating in various programs; • NIMBY encountered when specific sites are selected for affordable housing; • Lack of consumer credit; poor credit rating A lack of funding is the biggest obstacle to meeting all of the needs. To this, add on lack of employment; and lack of transportation. Lead -based Paint (91.215 (g)) 1. Estimate the number of housing units that contain lead -based paint hazards, as defined in section 1004 of the Residential Lead -Based Paint Hazard Reduction Act of 1992, and are occupied by extremely low-income, low-income, and moderate -income families. The Treasure Coast Regional Planning Council that covers the Consortium's region does not have statistics referencing the incidence of lead -based paint. The Health Departments test all customers up to age six for lead exposure. Children overage six are tested only if they are high risk. However, the Health Departments do not keep records of results of testing for lead -based paint. The EPA offices (local or state) maintain no statistics for this region. Historically, the three county regions in the St. Lucie County Consortium have not found lead -based paint to be prevalent in the housing stock. The St. Lucie County Housing Division has been testing for lead -based paint on all housing rehabilitation units (regardless of funding source). Of all houses rehabilitated by the St. Lucie Five Year Col15ol1tiai ell Plsn 201 - St. Lucie County H()1WE Cot ,-n County Housing Division within the last twelve month period, three incidences of lead -based paint were found: two on interior walls and one on interior and exterior walls and interior trim. U.S. Census data states that 8,270 units or 6.2% of the total year 2010 units were constructed prior to 1960. Although lead -based paint tests are only required on units built before 1978, this statistic, coupled with data demonstrating that close to 100,000 units received major damage or were destroyed in the Hurricanes of 2004 make the presence of lead in the current housing stock highly unlikely. 2. Outline actions proposed or being taken to evaluate and reduce lead -based paint hazards and describe how lead based paint hazards will be integrated into housing policies and programs, and how the plan for the reduction of lead -based hazards is related to the extent of lead poisoning and hazards, The St. Lucie County Housing Division has successfully completed the Lead Training Course: Lead Safety for Remodeling, Repair, & Painting through the American Management Resources Corporation. Lead paint hazard reduction will be integrated into all housing policies and programs in the St. Lucie HOME Consortium, The Consortium will execute measures to evaluate and reduce lead paint hazards: • Any and all units rehabilitated using HOME funds will be required to conduct a lead -based paint inspection, risk assessment (if needed) and abatement plan (if needed) and abide by HUD lead -based paint regulations (as amended). • Individuals taking part in the Down Payment Assistance Program will receive a copy of Protect Your Family from Lead in Your Home; Housing Needs (91.205) *Please also refer to the Housing Needs Table in the Needs.xis workbook 1. Describe the estimated housing needs projected for the next five year period for the following categories of persons: extremely low-income, low-income, moderate -income, and middle -income families, renters and owners, elderly persons, persons with disabilities, including persons with HIV/AIDS and their families, single persons, large families, public housing residents, victims of domestic violence, families on the public housing and section 8 tenant -based waiting list, and discuss specific housing problems, including: cost -burden, severe cost- burden, substandard housing, and overcrowding (especially large families). In accordance with 24 CFR Section 91, the St. Lucie County HOME Consortium prepared a Housing Needs Market Analysis for the Consortium's three counties. The 2010 Census reflects the vast difference in population living in poverty in the region's three counties. In 2010, the state had 6.1 percent of its population was living in poverty. The St. Lucie County Consortium's three counties had 4.6 percent of the total population living in poverty. Five Year Consolidateci Plan 20Y, IS St. Lucie County Ffd71vY1w Co,r, i iarn A household is considered severely cost burdened when housing costs are more than 50% of its income. Of those households with a cost burden, some choose and are capable of affording higher rents and mortgages. Households earning 80 percent or less of area median income are generally' less capable of paying rent above 30 percent of their income. Regardless of tenure, 37 percent of extremely low and low income households are cost burdened according to the 2010 Census of the population. Table 4 illustrates the number of households that fall within the extremely low (<30%), very low (30-50%), low (50-80%) and moderate (80-120%) income categories. Table 4: St. Lucie Countv HOME Consortium Hnusehnlds Tnrnme by Cnnnty nnri Reninn 2nn4 Area 0-30% 30-50% 50-80% 80-120% Over 120% - Totals Indian River 5490 25932 6613 11767 12310 51112 Martin 4122 31107 6306 10104. 12429 64068 St. Lucie 9769 42057 1Y983 21487 25416 110712 Consortium Source: hlornna Housing Data Clearinghouse 2010 Table 5 shows the percentage and number of households considered to be cost burdened within Indian River, Martin and St. Lucie counties. Thirty-three percent of the population is cost burdened by Less than 30% CB' and thirty-three percent of the population is cost burdened by `35% of more CB.' Table 5: St. Lucie Cou ty HOME Consortium Cost Burden CB by -Count & Re ion 2009 County Less than 30% CB 30-34.9% CB 35% OR More CB _____._ Indian River __ 45,816 _ _ .__ 9,022 7,078 Martin _ _4FF8 869_ -- __ 8,823 6 111 St. Lucie ______._,. _80,Y29 17,719 12,229 Consortium Source: Florida Housing Data Clearinghouse, Shimberg Center, University of Florida, 2009 Table 6 below illustrates that the households falling Into the extremely low and very low categories are spending more than 50 percent of their income on housing. The more income the household has the less they spend on housing. Table 6: Characteristics of Owner OccuDled Households Income Amount of Income Paid for Housing 0-30% 50 - >50% Indian River < 30% AMI 1499 773 - 3200 30.01-50% AMI 2337 2148 2112 50.01-80% AMI 7419 3338 975 80.01-120% AMI 34561 2763 791 >120.01% AMI 45816 9022 7078 Martin < 30% AMI 1336 633 2139 30.01-50% AMI 2216 1901 2159 50.01-80% AMI 6359 2738 954 80.01-120% AMI 38958 3551 859 >120.01%AMI 48869 8823 1 6111 St. Lucie < 30% AMI 2726 1197 "5835 30.01-50% AMI 3516 4374 4044 50.01-80% AMI 12588 7021 1740 Five Year Consolidated Plan 201- tE; St Lucie county "OftfE G71, , Oj,,f? 80.01-120% AMI 61299 5127 610 >120.01% AMI 80129 177719 12229 Consortium < 30% AMI 5561 2603 11174 30.01-50% AMI 8069 8423 8315 50.01-80% AMI 26366 13097 3669 _ MI 80.01-120 %A 134818 11441 2260 >1200/. AMI 174814 195564 25418 Source: Florida Housing Data Clearinghouse, Shimberg Center, University of Florida, 2009 Table 7 illustrates the current inventory of housing units in the St. Lucie County HOME Consortium. In 2010, there were 192,055 single family households in the three county areas. Table 7: Inventory of Housinq Units in the St. Lucie County HOME Consortium. 2010 All HousingUnits B Type 2010 Count SF I MF I MH Total Indian River- 5o814 18224 6372 89777 Martin 47200 22226 7995 77421 St. Lucie 94041 27114 12880 203461 Consortium Total 192 O55 85,788 1 27,247 1 370 659 Source Florida Housing Data Clearinghouse, Shimberg Center, University of Florida- 2010 SF=Single Family: MF=Multifamily: MH=Manufactured Housing Housing Inventory and Demand Housing need is determined by the number of homes that are in decent, safe and sanitary conditions. State law does not provide a specific definition for substandard housing, but relies on local government determinations when describing substandard housing. Housing condition is generally based on a locally determined definition or the U.S. Census definition. To provide consistency in data for this regional assessment, substandard housing is defined using selected housing characteristics reported in the U.S. Census. Substandard housing is housing with a lack of complete plumbing and/or lack of complete kitchen and/or no fuel and/or over the age of 50, The definition includes homes that are over the age of 50, but do not lack plumbing, kitchen, or fuel source. Over 17,890 of the St. Lucie County HOME Consortium's housing units had at least one of the indicators of substandard housing prior to the Hurricanes of 2004 and 2005. The total number of units considered substandard includes housing over the age of 50 years. However, the indicator of age alone does not necessarily make the housing substandard. Table 9 provides a detailed description of substandard characteristics by county. The data collected on substandard conditions only apply to occupied units. New construction and unoccupied units that are being renovated are not included. Table 9, Hnusinn Cnnditinn Charartarictirc mi n County Lacking Complete Kitchen Facilities Lacking Complete Plumbing Facilities Age of Structure Before 1960s Overcrowding* Indian River 395 455 5,091 897 Martin 177 146 4,529 730 St. Lucie 500 386 8,270 2,113 Consortium _ 1,072 987 17,890 3,740 Source: hlonda Housing Data Clearinghouse, Shimberg Center University of Florida, 2010 * Overcrowding is described as a condition in which 1.01 persons or more occupy a room. Five year Consolidated Pt>n dO:G - 17 �t. Lucie County 140lVIE Cot,, i,u= ,ii The age of the housing units and overcrowding were the two largest contrlbutors to substandard housing. In 2010, twelve percent (12%) of the total occupied housing units were over the age of 50 years. In addition to the structural condition of a unit, overcrowding is a factor that demonstrates substandard conditions. Overcrowding may affect the physical condition of a property as well as degrade the quality of living for a household. There were a total of 3,740 overcrowded units in 2010. Households may become overcrowded when large families are unable to afford adequately sized housing or the rent or mortgage is shared by, multiple wage earners. There is a continuing need for housing rehabilitation and replacement due to substandard conditions as well as the Hurricanes of 2004 and 2005. There are also other physical and environmental issues that are not documented through the Census that are measures of poor housing condition such as the presence of mold. Table 10 below illustrates the affordable housing need of various sized households, elders, and households with income ranges up to 50 percent. The figures used in the table are from the latest study conducted in 2000, Due to the method used to collect the data, the elder age begins with 65 rather than 62. The majority of non - elder owner households earning 0-50 percent of AMI are cost burdened. Extremely low income households experience severe cost burden. Although cost burden decreases as income increases, non -elder owners earning 80.1 to 120 percent of AMI have a greater percentage with a cost burden. For non -elder owners, the households with three to four people have the smallest percentage with a cost burden. Elder homeowners have the largest percentage cost burdened within each income range. Overall, over 60 percent of extremely low-income elder owners have a cost burden. On the whole, homeowners earning 80 percent or less of AMI have a greater likelihood of experiencing a cost burden than those earning over 80 percent of AMI. Table 10: ousinq Needs Table Consortium - Wide Households. by Type Income & Small Large Housing Elderly Relate Relate All Total Problems 1& 2 d 2- 4 d 5+ Others Owners consortium - wide Total Households 67,952 49,945 8,905 15,439 142,241 % W/Housing Prob 19.9 % 21.9 % 36.7 % 25.3% 23.2% % CB >30% 19.7% 20.3% 20.4% 34.5% 21.5% CB>50% 8,7% 6.9% 7.5% 15.6% 8.7% Source: Comprehensive Housing Affordability Strategy Data Report 2000 There is limited data regarding individuals or families fleeing domestic violence that find themselves temporarily or permanently homeless. Most of these individuals and families do obtain shelter. Safe Space Inc. is the primary organization providing shelter and outreach programs for victims of domestic violence in the three county region. Safe Space currently has two shelters, one in Fort Pierce and one in Marin County. Safe Space reported 1,678 phone calls to their domestic violence hotline; out of which 456 woman and children were provided shelter, and 407 men, woman, and children utilized the agency's outreach programs between July 2011 and June 2012. Five year Consohoaicil;4ett 201; Lu St. Lucie County 1fG9lrE G'or r-i rtlt Because Safe Space has implemented programs to assist these individuals in returning to a more normal lifestyle, the maximum length of stay in their shelters is 8 weeks. At this time, Safe Space has 48 year round family beds available for domestic violence victims, 24 at each facility. 2. To the extent that any racial or ethnic group has a disproportionately greater need for any income category in comparison to the needs of that category as a whole, the jurisdiction must complete an assessment of that specific need. For this purpose, disproportionately greater need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least ten percentage points higher than the percentage of persons in the category as a whole. Disproportionate Analysis The following comparison will provide information on disproportionate burden experienced by certain groups of people, which suggests the segments of the population that may be underserved. According to 24 CFR 91.305,. a disproportionately greater need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least, ten percentage points higher than the percentage of persons in the category as a whole. Table 11: .Distribution of Race/Ethnic Grou s - Count Homeownership, & Cost Burden 2010 Race/Ethnicity =RveY Martin Lucie "/o of Total Racial/Ethnic Group White, nonHis 116,346 127,691 199,336 443,373 Owner 43,644 41,920 51,870, 137,434 Cost Burden 56.2 49.8 59.9 55.3 Black nonH!sp 12,397 7,842 53,036 73,275 Owner 1,514 1,834 4,664 8,012 Cost Burden 53.8 72.9 73.9 66.87 Hispanic 1 15,465 1 17,881 1 45,995 1 79 341 Owner 1,799 1 1,020 1 2,534 5 353 Cost Burden _ 90.8 77.4 79.7 82.63 Total HH Region 144,208 153,414 298,367 595,989 Owner 46,957 44,474 59,068 150 499 Cost Burden 66.93 66.7 71.17 68.27 Source: Comprehensive Housing Affordability Strategy (CHAS) Data Report, 2010 US Census. Priority Housing Needs (91.215 (b)) 1. Identify the priority housing needs and activities in accordance with the categories specified in the Housing Needs Table (formerly Table 2A). These categories correspond with special tabulations of U.S. census data provided by HUD for the preparation of the Consolidated Plan. The high priority housing need is the availability of safe, decent, affordable housing for homeowners. To accomplish this, the St. Lucie County HOME Consortium is planning to rehabilitate 30 homes and offer 15 homes down payment assistance over a five year period. Housing assistance will be offered to clients on a first come, first complete, first served basis. Households with displaced and special needs will be considered in those that are assisted. Five Year Cun.solidated Pl;n 201.% .„ M St. Lucie County }itii�i'L' Coi 2. Provide an analysis of how the characteristics of the housing market and the severity of housing problems and needs of each category of residents provided the basis for determining the relative priority of each priority housing need category. Note: Family and income types may be grouped in the case of closely related categories of residents wheretheanalysis would apply to more than one family or income type.; St. Lucie County HOME Consortium priority is safe, decent, affordable housing to income eligible residents.Due to 23.2 percent of the households having housing problems, and the amount of residents currently living in substandard conditions, the St. Lucie County HOME Consortium decided to focus on rehabilitation of 6 units per year and assisting 3 units per year with down payment/closing costs. 3. Describe the basis for assigning the priority given to each category of priority needs. Priorities were reached by a consensus of the three BOCC Housing Divisions — with the assistance of the data compiled by the St. Lucie County Housing Division staff, public input, and comments from, the public and interested stakeholders. 4. Identify any obstacles to meeting underserved needs (91.215(a)(3)). The obstacles to serving underserved needs are listed below: • High cost materials, labor, construction costs, permitting, impact fees, and other factors related to building; • Individuals unwilling to have a second mortgage on their homes in association with housing rehabilitation or down payment assistance; • Some extremely low-income residents unable or unwilling to participate in down payment assistance and rehabilitation programs; • Money management skills needed by new owners and renters participating in various programs; • Language barriers; • Lack of consumer education and; • NIMBY encountered when specific sites are selected for affordable housing; • Lack of credit and easily accessible financing. Housing Market Analysis (91.210) *Please also refer to the Housing Market Analysis Table in the Needs.xis workbook 1. Based on information available to the jurisdiction, describe the significant characteristics of the housing market in terms of supply, demand, condition, and the cost of housing; the housing stock available to serve persons with disabilities; and to serve persons with HIV/AIDS and their families. Data on the housing market should include, to the extent information is available, an estimate of the number of vacant or abandoned buildings and whether units in these buildings are suitable for rehabilitation. Currently the housing market is in a readjustment phase. In the past two years, the three county region making up the St. Lucie County HOME Consortium experienced a substantial depreciation in values. St. Lucie County reported a decrease in values by 4.8 percent in the last year and by 10.82 percent in the previous year. In Martin County, real estate values declined by about 1 percent in the past year, which was the lowest decline the county had seen in the past five years. Indian River County Five Year consolidated 11.,n 201;< �� 5t. Lilcie County 1 HOME Cot im ,reported a decrease of 3.6 percent in values in the last year, seeing an overall property value decrease of about one third since 2008. Within the St. Lucie County HOME Consortium, no abandon buildings have been identified suitable for rehabilitation. All abandon buildings were occupied after the hurricanes of 2004 and 2005. 2. Describe the number and targeting (income level and type of household served) of units currently assisted by local, state, or federally funded programs, and an assessment of whether any such units are expected to be lost from the assisted housing inventory for any reason, (i.e. expiration of Section 8 contracts). Section 8 refers to federal assistance provided to local public housing authorities (PHAs) by the U. S. Department of Housing and Urban Development for low income families; Some Section 8 funds go directly to low income families in order to assist them in obtaining rental housing at affordable rent levels and thus, are called tenant - based assistance. Under the Section 8 program, the Housing Authority administers two types of housing programs, each of which are present within the City of Fort Pierce. The first program is the Section 8 Existing Voucher Program. Through this program, eligible applicants are placed on a waiting list according to date and time of application. When the family comes to the top of the waiting list they are issued a voucher and have 60 days to find a suitable unit. However, they may remain within their current unit if it meets proper qualifications. When a housing unit is found and is of suitable size and rent, an inspection is performed by the FPHA Inspectors. Defects are noted when present and must be repaired prior to the owner and family entering into a rental subsidy agreement with .the Housing Authority. Once the agreement is executed the owner receives a monthly payment from the Housing Authority reflecting the gap between the rent paid by the tenant to the owner and the approved rent for the unit. Housing Choice Vouchers is tenant -based rental assistance that comes in the form of vouchers. It bridges the gap between 30 percent of the tenant's adjusted income and the cost of rental housing up to a set limit that can be subsidized. The Fort Pierce Housing Authority has been allocated a specific number of various bedroom size certificates for eligible families. As of July 1, 2012, the Authority has 709 vouchers and certificates. Vouchers are issued to the next eligible applicant by date and time of application. The Housing Choice Voucher allows clients more access to market rate units over a larger coverage area. Pparticipants of the Choice Voucher program are required to pay 30% of their adjusted income toward rent; however, they are not permitted to pay more than 40% of their adjusted income toward rent. Families can rent at rates higher than the Fair Market Rent (FMR) but any amount over the FMR is the client's responsibility and will come out of their pockets. To comply with program regulations, the units rent must be comparable with rents of at least two non assisted units of similar size, type and quality. Five Year Consolidated FL+n 201, +. 21 St. Lucie CuaaoO, 14(;" Coi Owners participating in the Housing Choice Voucher Program must notify the client of any changes to the contract at least sixty days before the effective date of the proposed change. They must provide a copy of this notice to the Fort Pierce Housing Authority Section 8 Department. The second program available under Section 8 is the HUD Vash Voucher program, funded by the U.S, Department of Housing and Urban Development and administered by Housing Authorities. Like the Housing Choice Voucher program, this program allows qualified applicants the freedom to choose quality privately owned housing throughout their community while maintaining rent payments that they can afford; however the Vash Voucher program is specially designed to assist veterans only. Currently, the authority has issued 20 out of its 25 available Vash vouchers to eligible participants. 3. Indicate how the characteristics of the housing market will influence the use of funds made available for rental assistance, production of new units, rehabilitation of old units, or acquisition of existing units. Please note: the goal of affordable housing is not met by beds in nursing homes. The HOME Program will assist in the rehabilitation of single family homes and housing for extremely low to low income applicants. HOME will provide an important source of funding for the St. Lucie County HOME Consortium. Characteristics of Housing Stock A review of the most recent market analysis shows several problem areas in affordable housing which need to be addressed. The data shows the need for affordable homeownership financing opportunities in all countywide markets, with the need concentrated among lower -income households and minority households. A potential solution includes offering down payment assistance to purchase affordable housing units. Data also showed significant numbers of housing units were experiencing over- crowded conditions, lacking central heating, lacking complete kitchens, and lacking complete plumbing. Potential solutions include rehabilitation and/or replacement of owner -occupied units. Funding will target the unincorporated areas of Indian River, Martin and St. Lucie Counties and will function as an expansion of the SHIP program in all three counties, and RCMP in St. Lucie County. Review of the three county LHAPs and the current market determined the priority of the St. Lucie County HOME Consortium to be safe, decent affordable housing for homeowners. Funding will be allocated to neighborhoods that fall into the low to moderate income range. For example, St. Lucie County will be targeting areas such as, but not limited to, Harmony Heights and Suniand Gardens. Specific Housing Objectives (91.215 (b)) 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve ,over a specified time period. The St. Lucie County HOME Consortium's goal is to provide safe, decent, affordable Five Year i:onsolid.dea ZOI,_-- _ 22 St. Lucie Count! H- O'V!F Cm, housing to income eligible residents and to eliminate substandard housing within the three county region. The St. Lucie County HOME Consortium expects to fulfill its goal through offering 3 units of down payment assistance and 6 units, for rehabilitation of owner occupied units for low to moderate income clients per year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. The combination of state and federal resources to leverage private sector financing will prove to be an effective method of providing affordable housing. Estimated unit production over the next five years is shown in Table 12. Even so, the funding will not begin to meet the housing need. TahIP 77 • rgHmAfnei Fiva- Y.ar I Inih Prnrh irHnn nF Ao`nrr1nh1n Nnncinn ;m ❑i„aan In O_Onl i - Program Title 2012/2013 2013 2014 2014 2015 2015 2016 L2016120171 HOME Rehabilitation Assistance 6 6 6 6 6 HOME Down Payment Assistance 3 3. 3 3 3 Needs of Public Housing (91.210 (b)) In cooperation with the public housing agency or agencies located within its boundaries, describe the needs of public housing, including the number of public housing units in the jurisdiction, the physical condition of such units, the restoration and revitalization needs of public housing projects within the jurisdiction, and other factors, including the number of families on public housing and tenant -based waiting lists and results from the Section 504 needs assessment of public housing projects located within its boundaries (i.e. assessment of needs of tenants and applicants on waiting list for accessible units as required by 24 CFR 8.25). The public housing agency and jurisdiction can use the optional Priority Public Housing Needs Table (formerly Table 4) of the Consolidated Plan to identify priority public housing needs to assist in this process. Since the Public Housing Authority serves all of St. Lucie County, Table 12 gives the wider view of the demand for assistance for that agency. These general conditions include burden of rent and mortgage as share of income and substandard units. These factors establish need for the PHA in the wider County area and show the reasons behind the six year waiting list for public housing in the County. The Public Housing Agency is able to serve 1621 persons, leaving thousands still in need. Five Year consol(clated 'n ZO.i. _ - St. Lucie County Fit i,� Cciio-s Tahlp 13, PHA Plan Hnusinn Needs Data for St- I ncie Cni inty (from 7nn9 II -S Cengi i4) Household Income Total Households Households with 30-50% Cost Burden Households with 50%+ Cost Burden Households in Substandard .Units Extremely Low Income 9769 1197 5835 14786 Very Low Income 11983 4374 4044 4803 Low Income 21487 7020. 1740 4305 Headed by Person Age 62+, 28195 5911 3802 N/A Income Include Persons) with Information Not Available In 2009 Census Report Disabilities Age 15+ Income Source: PHA Planning, Vienna Housing Data Center The following list describes the Public Housing needs in Fort Pierce and the surrounding area of St. Lucie County. 1,095 Applicants on waiting list - 247 Elderly, disabled, or handicapped - 848 Families • Waiting list is currently open to Elderly/Disabled and Families with compositions of3-10 family members. • There are presently no federal preferences at this time. • There are presently no local preferences. • Average waiting period: • Elderly, disabled, handicapped: 90 - 180 days • Families: 1 bedroom 12 - 16 months 2 bedrooms 2 - 3 years 3 bedrooms 12 - 18 months 4 bedrooms 6 months - 1 year The Indian River County Housing Authority (IRCHA) is the owner of Victory Park (100 units) and Orangewood Park. (100 units) in Gifford, just north of Vero Beach, Florida. Victory Park was built in 1990 and Orangewood Park was built in 1992. The complexes provide farm labor housing and are subject to the regulation and jurisdiction of the USDA Rural Development. The complexes are composed of buildings containing five units each with combinations of 2, 3, and 4 bedrooms. The IRCHA also administers the Section 8 Housing Choice Voucher Rental Assistance Program. Under this program vouchers are issued to eligible families, who then find affordable rental units on the private market. The IRCHA enters into a contract with the property owner and the property enters into a lease agreement with the eligible family. Rents are based on US HUD approved fair market rents. Currently the IRCHA has a total of 345 Vouchers for eligible families. Public Housing Strategy (91.210) The St. Lucie County HOME Consortium is not providing funding from these resources. Within the St. Lucie County HOME Consortium is three. Housing Authorities which receive funding from HUD. 1. Describe the public housing agency's strategy to serve the needs of extremely low-income, low-income, and moderate -income families residing in the five Year Coresohdatrd '. _., ;501 24 St. Lucie Cu(mfy IR r it Co i rs jurisdiction served by the public housing agency (including families on the public housing and section 8 tenant -based waiting list), the public housing agency's strategy for addressing the revitalization and restoration needs of public housing projects within the jurisdiction and improving the management and operation of such public housing, and the public housing agency's strategy for improving the living environment of extremely low-income, low-income, and moderate families residing in public housing. 2. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake to encourage public housing residents to become more involved in management and participate in homeownership. (NAHA Sec. 105 (b)(11) and (91.215 (k)) 3. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation. (NAHA Sec. 105 (g)) Barriers to Affordable Housing (91.210 (e) and 91.215 (f)) Explain whether the cost of housing or the incentives to develop, maintain, or improve affordable housing are affected by public policies, particularly those of the local jurisdiction. Such policies include tax policy affecting land and other property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment. The cost of a house varies by jurisdiction within the St. Lucie County HOME Consortium based upon complex variables. These Include material costs, interest rates, land cost, lack of the tradespersons, appraised values, local government impact fees, lack of homeowner insurance providers, limited infrastructure, limited employment/income and the "Not In My Back Yard" (NIMBY) Syndrome. Many of the aforementioned variables such as economic and monetary circumstances are far beyond control of county government. However, another housing cost factor, regulation, can be addressed by local jurisdictions. This includes the cost of meeting the rules and regulations that govern (or prohibit) construction of dwelling units. Developers and those in the building industry are permitted to construct dwelling units on land that they own, but must adhere to all Land Development and Building Regulation Codes. The regulations cover, but are not limited to, code standards, and review procedures prior to, during, and even after, the building process. These procedures influence time and cost dynamics that contribute to barriers to affordable housing. The subdivision of land is regulated and has associated fees, and requirements. These regulations, generally termed land development regulations, are codified, applied and enforced at the local level by the applicable local jurisdiction. Typically, this is accomplished through local zoning ordinances, building code, subdivision codes, and/or the local land development code. State and federal regulations sometimes impose additional requirements and restrictions on what may be built and where it may be built. These factors contribute to the direct relationship between government regulations and housing costs and can create barriers to affordable housing. Five Year Conso-lldaPCA d01.' IS 5t Lucie C;otir,iy xIc T ,,:F Cow, , :!w Restrictions are the most common way in which local land development regulations negatively affect the supply of housing, The measures contribute to costs by reducing or prohibiting the number or type of housing units that may be built on a given unit of land. Limits on development opportunities raise the cost of developable land. For example, large tracts may be targeted for very low -density development (one dwelling unit per acre estate lots) or multi -family as a housing type may be prohibited in most or all of the residential zoning or land use categories. Separately or together, they decrease the overall density of housing units per unit area, restrict the market supply of buildable land for housing and raise costs. A possible solution is to increase the supply of buildable land by increasing overall density of housing units per buildable unit of land and broadening the spectrum of housing choices. The types or ways in which regulations limit development opportunities include: Large lot, large side yard or setback requirements Minimum house sizes Restrictions on housing type (i.e., limited or no multi -family) Prohibition on accessory units Prohibition on Single Room Occupancy (SRO) units Growth management controls Design, Review and Construction Cost Increases Costs are added to a housing unit by standards that must be met In the design, review or construction of a housing unit. This category is the most straightforward way in which government regulation adds to housing costs. Much of the cost incurred by the developer or builder is passed on to the consumer. Design, review and construction costs, which increase housing costs, include: Building code standards that require use of certain materials or methods Environmental regulations (federal, state, local), including wetlands protection and endangered and threatened species Labor costs Record keeping on hiring practices Historic preservation regulations Impact study costs Impact fees Rehabilitation of older units in accordance with modern building code standards Procedural Delay Spare The administration of development regulations is the third way in which development regulations add to the cost of housing. Delays affect the cost of housing by adding to the carrying costs of the land. That is, the developer may have to hold the land longer prior to construction and sale. The development review process may likewise be uncertain. Research indicates that there are three major ways that regulations can affect housing. First and foremost are regulations that restrict building potential, either by restricting the amount of buildable land or restrictions on building type (multi -family at higher densities). The second category, impact fees, also adds direct costs to housing unit construction. Impact fees are a new feature on the affordable housing landscape in these rural counties. The use of impact fees are now being researched, drafted and implemented in areas where they have never existed. Researchers point out that such items do not necessarily result in the rise of the cost of a housing unit equal to the fee cost. Capitalization of the cost may occur through lower land costs. The regional housing market sets the market rate for housing units. Differentials in Five Year ConsoLdat -d r;i.t , - - _ -- - - — 26 5t. Lucie County W)f"iE.= rm fee structure will shift demand from one jurisdiction to another for comparable units. In areas of housing demand, the results of high impact fees mean higher housing prices and lower housing production. The lower end of the housing market is affected much more than higher end housing products. The third category, costly and lengthy review processes, particularly if there is uncertainty on review outcomes, also adds to the costs. Research results note that the "cost' of such delays, like impact fees, may be divided between land sellers, the housing developer, and the homebuyer. There is great variability from case to case. 2. Describe the strategy to remove or ameliorate negative effects of public policies that serve as barriers to affordable housing, except that, if a State requires a unit of general local government to submit a regulatory barrier assessment that is substantially equivalent to the information required under this part, as determined by HUD, the unit of general local government may submit that assessment to HUD and it shall be considered to have complied with this requirement. Each county adopted the state -mandated Local Housing Incentive Plan (HIP) which included regulatory reduction and incentives for the production of affordable housing. Those plans are Incorporated in this plan by reference. The Florida Legislature, in 2006, HB 1363, requires that all local governments inventory publicly owned lands to determine which of it can be used for the development of affordable housing. All counties in the Consortium have begun the inventory of lands. Homeless Needs (91.205 (b) and 91.215 (c)) *Please also refer to the Homeless Needs Table in the Needs.xls workbook Homeless Needs— The jurisdiction must provide a concise summary of the nature and extent of homelessness in the jurisdiction, (including rural homelessness and chronic homelessness where applicable), addressing separately the need for facilities and services for homeless persons and homeless families with children, both sheltered and unsheltered, and homeless subpopulations, in accordance with Table IA. The summary must include the characteristics and needs of low-income individuals and children, (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered. In addition, to the extent information is available; the plan must include a description of the nature and extent of homelessness by racial and ethnic group. A quantitative analysis is not required. If a jurisdiction provides estimates of the at -risk poPulation(s), it should also include a description of the operational definition of the at -risk group and the methodology used to generate the estimates. The Treasure Coast Homeless Services Council (TCHSC), the local homeless coalition representing St. Lucie County and other Treasure Coast counties, participatesin annual survey counts of the homeless sponsored by the Department of Children and Families. The data were compiled into the 2012 Annual Report on Homeless Conditions in Florida. Five Year Co11so(idafec, 0 ", 'OE-;1 2.7 St. Lucie Coijitty tft,Wi— Coiv ,t ; �.,i:r _... The survey, using the state's definition of "homeless"', reported that a statewide estimate of homelessness is at 57,643. The total number of homeless people is up by approximately 1% from the 2009 count. In St. Lucie County, an estimated 636 people were homeless daily, the lowest level of the past three years. This number represents 37 percent of the 1,724 homeless populations in the three -county area of Indian River, Martin, and St. Lucie counties. Of the 1,724 reported as homeless in the three -county area, 1,071 were adults ages 18 to 60, 536 were children under age 18 and 117 were elderly. Applying the 26 percent children to the total number reported for St. Lucie County (636) suggests an estimated total of 165 children maybe homeless in St. Lucie County. Of the total 1,724 homeless persons in the three -county area, over half (1004--58%) were male and 95 percent were non -Hispanic. Slightly under half (850--48%) were White and one-third (581-34%) were Black/African American. Of the 1,734, 208 (12%) were married and 1526 (88%) were single. Single includes unmarried mothers with children. The survey addressed conditions of homelessness. Of the 1,724 homeless persons: 44 percent had been without a regular place to stay in the past three years only once; 27 percent reported disabling conditions, including 13 percent with mental health conditions; 35 percent had been homeless for more than three months but less than one year, and 26 percent. had been homeless between one and three months; • 46 percent reported employment or financial reasons for their homelessness, 25 percent cited housing reasons, and 25 percent cited medical/disability problems; and The subpopulations reported as having the greatest needs were families with children and the mentally ill. Emergency shelter and permanent housing were judged to be the continuum of care components that were the weakest. The coalition director reports that the top two unmet needs are: (1) attainable housing, and (2) employment at the Florida Housing Wage. To address the housing issues, TCHSC has created the Coalition for Attainable Homes, a Public/Private Partnership to navigate the development process and access options and programs available through FHFC and other affordable housing development programs. Displacement from mobile home parks due to development is another issue for the elderly and those on fixed incomes in the County. Relocation of mobile homes to other permanent sites is virtually impossible. The cost is prohibitive and the units are not in a condition to be moved successfully. TCHSC continues to receive requests for housing from persons who are displaced from mobile home parks. In addition, ' According to Florida Statutes Section 420.621, Homeless means an Individual who lacks a fixed, regular, and adequate nighttime residence or an individual who has a primary nighttime residence that is: (1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, Including welfare hotels, congregate shelters, and transitional housing for the mentally ill; (2) An institution that provides a temporary residence for individuals Intended to be institutionalized; or (3) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. Five Year Consolidatea Pias;i %0Y2-::Y:1 .)8 St. 1.uCie, Co !_i ,,,;:: crag approximately two calls per week come from tenants who are living in hurricane damaged rental units which have still not been repaired from the storms on 2004 and 2005, Homelessness due to eviction is common for low wage earners in St. Lucie County. Out of the more than 1,000 individuals who seek assistance annually, from the Homeless Resource Center, more than 45% are from St. Lucie County. 70% of the requests for financial assistance are due to pending evictions for non payment of rent. The second biggest request for services from St. Lucie County residents is for utility payments, which have risen sharply due to changes in billing practices, fuel charges and required deposits for connections. In terms of resources to address homelessness, there are 12 "single adult" beds, and 46 "family beds" on the entire Treasure Coast. A large portion of funds for the "homeless" pay for motel rooms for short -time stays for homeless individuals and families seeking housing. Mustard Seed Ministries in Ft. Pierce is the largest provider of housing assistance in the county, paying approximately 260 rents per year to prevent evictions or to re -house homeless families and utilizing 6 motels in the county that work with the "voucher" program to provide reduced rental rates for the homeless population. The Homeless Family Center, the emergency shelter located in Vero Beach, is open to residents of St. Lucie County, Approximately 35% of the 455 persons they serve annually are residents of St. Lucie County. St. Lucie Community Services currently also manages 26 apartments which house the severely mentally ill disabled in fair market rental housing. Federal housing in St. Lucie County consists of 700 Public Housing Units, occupied primarily by low income elderly and disabled individuals. There are also 69 beds in private housing, currently available to house individuals who are released or diverted from jail and have a substance abuse problem. The Treasure Coast Homeless Services Council, Inc. (TCHSC) serves as the official Continuum of Care for St. Lucie, Martin and Indian River counties. It is the official qualified applicant for State and Federal homeless prevention and direct services funding on the Treasure Coast and the Lead Agency for the State Office on Homelessness. The Council operates a Homeless Resource Center for Indian River, St. Lucie and Martin Counties, which provides approximately $300,000 per year in direct assistance to homeless and near -homeless families and $800,000 per year In rental housing payments on behalf of the disabled. The Council also provides approximately $300,000 annually in direct funding to the homeless family shelter on the Treasure Coast, serving Indian River, St. Lucie and Martin Counties. Since 1999, the Council has obtained over $20 million dollars in federal funding to meet the needs of the homeless on the Treasure Coast. The TCHSC is recognized by HUD as an authorized Continuum of Care for Indian River, St. Lucie and Martin County. The continuum of services includes preventing homelessness, addressing the causes of homeless through referral and case management and increasing employment and housing opportunities. TCHSC is consortium of approximately eighty agencies, providers and interested citizens who develop a strategic plan and pool resources to accomplish the plan. The largest direct service provider consortium member in St. Lucie County is New Horizons of the Treasure Coast. It serves the seriously mentally ill population. TCHSC provides a i-rve Year ('on s,I,Ciatut -'iJt; 2 St. Lucie County l4iA^,i;' r'r�r7s�>rrr•i�t coordination function through the operation of a Homeless Resource Center which accepts referrals from all member agencies and coordinates services for the applicant in one place. Assessment and information sharing is facilitated among participating member agencies using Client Track, a confidential client management information system. Priority Homeless Needs The St. Lucie County HOME Consortium does not plan to fund this strategy. The TreasureCoast Homeless Services Coalition receives funding to address homelessness. 1. Using the results of the Continuum of Care planning process, identify the jurisdiction's homeless and homeless prevention priorities specified in Table 1A, the Homeless and Special Needs Populations Chart. The description of the jurisdiction's choice of priority needs and allocation priorities must be based on reliable data meeting HUD standards and should reflect the required consultation with homeless assistance providers, homeless persons, and other concerned citizens regarding the needs of homeless families with children and individuals. The jurisdiction most provide an analysis of how the needs of each category of residents provided the basis for determining the relative priority of each priority homeless need category. A separate brief narrative should be directed to addressing gaps in services and housing for the sheltered and unsheltered chronic homeless. 2. A community should give a high priority to chronically homeless persons, where the jurisdiction identifies sheltered and unsheltered chronic homeless persons in its Homeless Needs Table - Homeless Populations and Subpopulations. . Homeless Inventory (91.210 (c)) The St. Lucie County HOME Consortium does not plan to fund this strategy. The . Treasure Coast Homeless Services Coalition receives funding to address . homelessness. The jurisdiction shall provide a concise summary of the existing facilities and services (including a brief inventory) that assist homeless persons and families with children and subpopulations identified in Table IA. These include outreach and assessment, emergency shelters and services, transitional housing, permanent supportive housing, access to permanent housing, and activities to prevent low-income individuals and families with children (especially extremely low-income) from becoming homeless. The jurisdiction can use the optional Continuum of Care_ Housing Activity Chart and Service Activity Chart to meet this requirement. The tables below list the service providers and services offered in the St. Lucie County HOME Consortium. Also below are tables listing the permanent, transitional and emergency shelter housing options. Five 'le.u, Cw"Widat u.; r,..-. ;'i,1 .. 30 St Lucie Counfy 110r47fi fwt772 rt `rq.uyi (1) (2) (3) (4) - Prevention Outreach Supportive Services N V C ) U L C W Q O Provider Organizations h a m E m ?� o N Q �`�, vlO VI \ Y N v Y V C N L Ol N �' N C W v N O) Q VI Q C1/� 0 7 O V O V- C N 1/ — �+ = L' N N Q C O E N 10 t' O Ol IO C W W �S' Ul O L Y Q V T O. U Ll 1' c = D N rn v 3 W N .0 o O c m j n 9 — C 2' V J to J U J S = W W V Treasure Coast Homeless Resource Center x X X X Indian River County .Human Services X X X St, Lucie County Community Services X X X Martin County Health and Human Services X X X X Salvation Army (2) X X The Source I AM Ministries X X X X X -X New Horizons of the Treasure Coast X X X X X X Project Response X X X X 4 Community Church x X Mustard Seed Ministries X X X X St. Helen's Church X X Holy Cross Church X X First United Methodist Church X X X Homeless Family Center X X X Children's Home Society X X X X Mental Health Association X X X X X x X Samaritan Center X Veterans' Services Council _ X X X X Office of the Public Defender X X X Indian River County Health Department X X Workforce Development Board - X X Economic Opportunities Council X X x MISS Inc. of the Treasure Coast X X Habitat for Humanity X X SafeSpace Domestic Violence Programs X X X Indian River Cares Long Term Recovery X x i X X Plant A Seed ATR Hibiscus Children's X X Five Year Consolioatea f-'lau 203 5t. 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U i-a E E E w C H (/� F .i N M J 7 Ill E w l% St. Lucie County 110,4E Coits;orirrn-i€ Homeless Strategic Plan (91.215 (c)) The St. Lucie. County HOME Consortium does not plan to fund this strategy. The Treasure Coast Homeless Services Coalition receives funding to address homelessness. Homelessness— Describe the jurisdiction's strategy for developing a system to address homelessness and the priority needs of homeless persons and families (including the subpopulations identified in the needs section). The jurisdiction's strategy must consider the housing and supportive services needed in each stage of the process which includes preventing homelessness, outreach/assessment, emergency shelters and services, transitional housing, and helping homeless persons (especially any persons that are chronically homeless) make the transition to permanent housing and independent living. The jurisdiction must also describe its strategy for helping extremely low- and low-income individuals and families who are at imminent risk of becoming homeless. 2. Chronic homelessness —Describe the jurisdiction's strategy for eliminating chronic homelessness by 2012. This should include the strategy for helping homeless persons make the transition to permanent housing and independent living. This strategy should, to the maximum extent feasible, be coordinated with the strategy presented Exhibit 1 of the Continuum of Care (CoC) application and any other strategy or plan to eliminate chronic homelessness. Also describe, in a narrative, relationships and efforts to coordinate the Conplan, CoC, and any other strategy or plan to address chronic homelessness. 3. Homelessness Prevention —Describe the jurisdiction's strategy to help prevent homelessness for individuals and families with children who are at imminent risk of becoming homeless. 4. Institutional Structure —Briefly describe the institutional structure, including private industry, non-profit organizations, and public institutions, through which the jurisdiction will carry out its homelessness strategy. 5. Discharge Coordination Policy —Every jurisdiction receiving McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds must develop and implement a Discharge Coordination Policy, to the maximum extent practicable. Such a policy should include "policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities,, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons." The jurisdiction should describe its planned activities to implement a cohesive, community -wide Discharge Coordination Policy, and how the community will move toward such a policy. Emergency Shelter Grants (ESG) - N/A (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government Five VearconsohdoeeJ 3> St. Lucie C ouot} f O)"H C'tvrr � tic; r� Community Development (91.215 (e)) -N/A *Please also refer to the Community Development Table in the Needs.xls workbook 1. Identify the jurisdiction's priority non -housing community development needs eligible for assistance by CD8G eligibility category specified in the Community Development Needs Table (formerly Table 28), - i.e., public facilities, public improvements, public services and economic development. 2. Describe the basis for assigning the priority given to each category of priority needs. 3. Identify any obstacles to meeting underserved needs. 4. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities; principally for low- and moderate -income persons. NOTE: Each specific objective developed to address a priority need, must be Identified by number and contain proposed accomplishments, the.. time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. - Antipoverty Strategy (91.215 (h)) - N/A 1. Describe the jurisdiction's goals, programs, and policies for reducing the number of poverty level families (as defined by the Office of Management and Budget and revised annually). In consultation with other appropriate public and private agencies, (i.e. TANF agency) state, how the jurisdiction's goals, programs, and policies for producing and preserving affordable housing set forth in the housing component of the consolidated plan will be coordinated with other programs and services for which the jurisdiction is responsible. 2. Identify the extent to which this strategy will reduce (or assist in reducing) the number of poverty level families, taking into consideration factors over which the jurisdiction has control Low Income Housing Tax Credit (LIHTC) Coordination (91.315 (k)) - N/A 1. (States only) Describe the strategy to coordinate the Low-income Housing Tax Credit (LIHTC) with the development of housing that is affordable to low- and moderate -income families. Five Year consuliaar: / 10'. ,, 3h St. Lucie County f of _ Cowo,r, ri; lm - Specific Special Needs Objectives (91.215) 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a specified time period. The St. Lucie County HOME Consortium does not have any specific objectives related to this population, but will incorporate into current strategies whenever possible. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. Non -homeless Special Needs (91.205 (d) and 91.210 (d)) Analysis (including HOPWA) 1. Estimate, to the extent practicable, the number of persons in various subpopulations that are not homeless but may require housing or supportive services, including the elderly, frail elderly, persons with disabilities (mental, physical, developmental, persons with HIV/AIDS and their families), persons with alcohol or other drug addiction, victims of domestic violence, and any other categories the jurisdiction may specify and describe their supportive housing needs. The jurisdiction can use the Non -Homeless Special Needs Table (formerly Table IB) of their Consolidated Plan to help identify these needs. *Note: HOPWA recipients must identify the size and characteristics of the population with HIV/AIDS and their families that will be served in the metropolitan area. Housing needs of persons with disabilities are as complex as variances in the level of impairment. Florida has the means to increase housing opportunities for persons with disabilities through the effective use of federal and state funds. According to the FHFC's "Gap Analysis", the demand for housing that is affordable to very low and extremely low income households far exceeds the supply, and the gap continues to grow each year. Access to service, such as Medicaid -funded Home and Community Based waiver services are chronically over -subscribed. Waiting lists are reported throughout the state, and persons are forced to reside in nursing homes .or in substandard, unsafe conditions until their needs can be met in the community. Persons with Disabilities (Physically Disabled, Developmentally Disabled) .There are 3.5 million persons with disabilities in Florida who are over the age of five and less than age sixty-four. Of that number, 520,000 persons with disabilities live in poverty. HUD defines a disabled family as: a family whose head, spouse, or sole member is a person with disabilities. It may include two or more persons 'with disabilities living together, or one or more persons with disabilities living with one or more live-in aids. Person with Disabilities means a person who is determined to have a physical, mental, or emotional impairment that: • Is expected to be of long -continued and indefinite duration; • Substantially impedes his or her ability to live independently; and rive year Consoliclaic 1 u, 'PJ '- `r 5t. Lucie Cuunit i JIC li : C'c • Is of such a nature that the ability to live independently could be improved by more suitable housing conditions; or • Has a developmental disability as defined in 42 U.S.C. 6001. The HUD definition does not exclude persons who have the disease of acquired immunodeficiency syndrome or related conditions. For purposes of qualifying for low- income housing, the HUD definition does not include a person whose disability is based solely on drug or alcohol dependence. There are variations in the severity of the impairments that affect persons who meet the definition of disability. Because specific data regarding the severity of disabilities is not available, it is difficult to make a determination about which individuals with disabilities are most in need of housing services. The level of household income relative to local housing costs remains the only equitable prioritizing function. The housing needs of Floridians with disabilities vary depending on the nature of the disability and the housing and personal income available to each person. According to data collected by federal and state agencies, the following factors help describe the housing need for persons with disabilities in Florida: • The majority of low-income households with disabilities in the state require decent and safe affordable rental housing; however, long waiting lists for assisted rental housing units and/or rental assistance vouchers are prevalent statewide. • Many individuals with disabilities would like to purchase their own home. • Many people with newly acquired disabilities or injuries who currently own their home are in need of financial assistance to make modifications (such as ramps, widened doorways, etc.) to make their homes accessible. • In addition to housing that: is both affordable and accessible, many require supportive services. Housing heeds of persons with disabilities are as complex as variances in the level of impairment. Florida has the means to increase housing opportunities for persons with disabilities through the effective use of federal and state funds. According to the FHFC's "Gap Analysis", the demand for housing that is affordable to very low and extremely low income households far exceeds the supply, and the gap continues to grow each year, Access to service, such as Medicaid -funded Home and Community Based waiver services are chronically; over -subscribed. Waiting lists are reported throughout the state, and persons are forced to reside In nursing homes or in substandard, unsafe conditions until their needs can be met in the community. Persons with HIV/AIDS The number of reported cases in Florida through 2010 was 93,153, with 5,211 reported in 2009 alone. The Florida Division of Disease Control Surveillance Report (January, 2010) reports that the total number of AIDS and HIV cases reported in the Treasure Coast region through 2009 was 1,431. The State of Florida has been hard hit by the HIV/AIDS epidemic. Florida ranks third among.the states in the number of reported AIDS cases with 93,153 cumulative cases reported through 2010. Of that number, 5,211 cases were reported in 2009. Although HIV/AIDS affects all segments of society, poor and minority communities have been disproportionately affected. HIV/AIDS is the third leading cause of death for Floridians between the ages of 25-44 and the leading cause of death among black men and women in this age group., The HIV/AIDS epidemic is also increasing in Five Year Consolida V s.' - SL Lucie cau r� :fcrV' women and is reflected in the epidemic in children, nearly all of which acquire HIV infection prenatally. HIV also poses a substantial and growing threat to Florida's teenagers and young adults as well as the elderly. An increase in AIDS cases has been reported in these groups. Florida ranks second among states in the number of pediatric AIDS cases (under age 13) with 1,577 cases reported through December 2009. The HIV epidemic is a public health crisis of unprecedented portions that continues to grow at an alarming rate. The epidemic poses significant challenges to the goal of creating and maintaining high quality systems of care and support for persons living with HIV/AIDS. As the epidemic grows and as more people learn their health status, it is vital that we are able to link persons with health care and support services. As the epidemic affects more' persons in lower income and disadvantaged communities, a smaller portion will be financially self-sufficient, increasing the cost for care to state and local governments. This population most often experiences a loss of earnings due to disability which imposes a financial cost not only to the patient, but to society as well, when individuals can no longer perform productive work. Florida's HOPWA Program focuses on maintaining individuals in their own homes, or if already homeless, shifting persons to a more permanent living situation rather than on construction or renovating housing units. Participants are involved in developing their individualized plan for housing and supportive services. State HOPWA-funded services include case management, short-term rent, mortgage, and/or utility assistance, or if already homeless, emergency transitional housing services. By electing to fund these services, the state is able to maximize the number of Individuals that may receive assistance. Over the next year, it is estimated that 1,300 household units will be assisted through the HOPWA Program. Farm workers and Migrant Farm workers The second largest industry in Florida is agriculture, The labor force associated with this industry is huge — growers, food processors, transporters, and wholesalers. Integral to the success of the industry is the farm worker population responsible for harvesting a large share of the state's numerous agricultural products. Estimates place this population in the State of Florida at over 300,000. The national farm worker population, including migrant,farm workers, is made up of several major "streams" of workers that migrate throughout the annual cycle and follow ripening crops. Florida is the home base for what is known as the Eastern Migrant Stream. Laborers in the Eastern Migrant Stream move northward through the season up through the mid -Atlantic and Atlantic seaboard states. Florida serves as the "home base" for much of farm worker population and many maintain residence in this state. Farm workers are defined in a variety of ways depending on agency and program requirements. For the Consolidated Plan, the definition employed by the National Agricultural Workers Survey (NAWS) of the United States Department of Labor (USDOL) is used. NAWS began surveying farm worker demographics and conditions in 1988. Five Year Cooso)aia,a, l l a. '0 41 St. Lucie €fouiaj/ c'oor ,Jn e im , For the purposes of NAWS and for this plan, "farm worker" means those who worked in crop agriculture over the previous twelve-month period. This definition includes almost all farm workers in crop agriculture, including field packers, and supervisors, and even: those simultaneously holding non -farm jobs. Following the NAWS, "migrant farm worker," as a subpopulation of farm worker, means those who travel more than 75 miles to obtain a job in United States agriculture and/or leave an area once a crop has been harvested. More specific programmatic definitions require such features as "spends a night away from home." Providing a distinction between farm workers and the subcategory of migrant farm workers is important since housing demands differ between, these populations and the provision of housing for migrant populations tends to be more problematic than for more "settled" farm workers. In 2001, the Housing Assistance Council reported on the results of a national survey of farm worker housing conditions. It summarized housing conditions for farm workers by stating: "As for the confluence of serious housing problems, Florida also is noteworthy. Florida had the highest crowding rate of any upstream region or home base state, and this was true as well for the prevalence of substandard housing. The prevalence of housing cost burden was substantially greater in Florida than upstream areas of the Eastern migrant stream, and Florida had a higher percentage of households with incomes below the area medians."' There are a variety of farm worker housing opportunities in Florida, from government -regulated, public subsidized, to private. Three types of government - sanctioned or subsidized housing exist: • Farm worker camps designed to accommodate unaccompanied workers. These camps are licensed by the Florida Department of Health. According to the total number of beds for farm worker camps, the capacity in 2003 was 35,402 beds. The facilities are privately owned and do not, typically, receive government farm worker housing subsidies or funding assistance. • USDA Rural Development Section 514 and Section 516 housing for farm` worker families. The total number in Florida Is 3,822 units. Based on a calculation of four beds per family unit, the total number of beds for the 3,822 family units is 15,288. • Florida Housing Finance Corporation funded developments under the State Apartment Incentive Loan (SAIL), HOME and Low Income Tax Credit programs. A total of 1,743 units have received FHFC funding. A total of 365 of these units were also funded as Section 514/516 funding. There are an estimated 56,198 beds for farm workers and household members in the three categories. In addition, the private sector provides units for farm workers. Unfortunately, while most of the units can be considered as meeting certain basic standards, according to a national survey conducted by the Housing Assistance Council,3 farm workers and their families face serious housing problems including cost, overcrowding, and poor housing condition. Z No Refuge from the Fields —Findings Prom a Survey of Farmworkers Housing Conditions in the United States, Housing Assistance Council, Washington, D.C. 2001. Retort has not been updated -other current information available is statewide only. s No Refuge from the Fields —Findings from a Survey of Farmworkers Housing Conditions in the United States, Housing Assistance Council, Washington, D.C. 2001. - Five year ( w)sef l.I ,-7 1,, 1j , , 9 St. Lucie €.omirr �'0,+. ,'a n Of, 2. Identify the priority housing and supportive service needs of persons who are not homeless but may or may not require supportive housing, i.e., elderly, frail elderly, persons with disabilities (mental, physical, developmental, persons with HIV/AIDS and their families), persons with alcohol or other drug addiction by using the Non -homeless Special Needs Table. The St. Lucie County HOME Consortium does not have any specific objectives related to this population but will incorporate into current strategies whenever possible 3. Describe the basis for assigning the priority given to each category of priority needs. 4. Identify any obstacles to meeting underserved needs. Wages for unskilled workers are low. Employment opportunities exist primarily in retail and the service industry. Many businesses are also extremely seasonal, leaving low wage workers unemployed for up to six months of the year. The recent rapid decline in construction and other building industry trades has left low wage earners without employment in these trades. Many retailers deliberately hire "part-time" to avoid paying benefits to their workers. The Consortium has a loose infrastructure of very small health and human services providers, many of them faith -based. With the exception of New Horizons and the Hands Clinic, community mental health providers, most of non- profit providers depend on volunteers and community contributions for their funding. With the exception of New Horizons, staffs of the supportive services agencies are not licensed professionals and cannot secure third party reimbursement for services provided... The entire Consortium depends on one facility with 20 beds for emergency shelter beds for homeless single adults. Community resistance to the development of additional emergency shelter beds has hindered efforts to developadditional beds. The three Salvation Army Programs in the Consortium do not operate a single emergency shelter bed. Children's Services Councils receive the bulk of the local governmental and tax based funding for programs and services in the Consortium, leaving most adults. with disabilities without formalized programs to provide supportive services. Gulfstream Goodwill Industries operates in this consortium from its main office in West Palm Beach to provide employment training to the disabled. Health Departments and Community Services Departments of the three local entities use volunteer physicians to provide acute care services under the We Care Program, leaving uninsured people in crisis to seek emergency room services or face long waiting periods. Health insurance is inaccessible to more than 73% of the population in this consortium. Five Year G'o,Yso/0111 ^+ F 'r- Y...It 13 St. Lurie Couirt�l im The underserved populations are routinely discharged from acute care, as soon as possible. They cannot access follow-up medical care, in 'home nursing care or medical follow-up services, due to the lack of insurance to cover these services. 5. To the extent information is available, describe the facilities and services that assist persons who are not homeless but require supportive housing, and programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing. The.only agency providing this supportive housing for chronically mentally ill in St. Lucie County is New Horizons of the Treasure Coast. New Horizons currently assists 20 individuals. 6. If the jurisdiction plans to use HOME or other tenant based rental assistance to assist one or more of these subpopulations, it must justify the need for such assistance in the plan. The St. Lucie County HOME Consortium is not providing funding from. these resources. Housing Opportunities for People with AIDS (HOPWA) - N/A *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. The Plan includes a description of the activities to be undertaken with its HOPWA Program funds to address priority unmet housing needs for the eligible population. Activities will assist persons who are not homeless but require supportive housing, such as efforts to prevent low-income individuals and families from becoming homeless and may address the housing needs of persons who are homeless in order to help homeless persons make the transition to permanent housing and independent living. The plan would identify any. obstacles to meeting underserved needs and summarize the priorities and specific objectives, describing how funds made available will be used to address identified needs. 2. The Plan must establish annual HOPWA output goals for the planned number of households to be assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. The plan can also describe the special features or needs being addressed, such as support for persons who are homeless or chronically homeless. These outputs are to be used in connection with an assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 3. For housing facility projectsbeing developed, a target date for the completion of each development activity must be included and information on the continued use of these units for the eligible population based on their stewardship requirements (e.g. within the ten-year use periods for projects involving acquisition, new construction or substantial rehabilitation). 4. The Plan includes an explanation of how the funds will be allocated including a description of the geographic area in which assistance will be directed and the Five Year Co,lsaiida; ,'h: "q. 3 -'O 44 St Luciet:ounti, t ,`llI 1;o .rr;m rationale for these geographic allocations and priorities. Include the name of each project sponsor, the zip code for the primary area(s) of planned activities, amounts committed to that sponsor, and whether the sponsor is a faith -based and/or grassroots organization. 5. The Plan describes the role of the lead jurisdiction in the eligible metropolitan statistical area (EMSA), involving (a) consultation to develop a metropolitan -wide strategy for addressing the needs of persons with HIV/AIDS and their families living throughout the EMSA with the other jurisdictions within the EMSA; (b) the standards and procedures to be used to monitor HOPWA Program activities in order to ensure compliance by project sponsors of the requirements of the program. 6. The Plan includes the certifications relevant to the HOPWA Program. Specific HOPWA Objectives 1. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. Include any Strategic Plan information that was not covered by a narrative in any other section. Five Year Cow;oha"4 ITEM NO. VI-H2 DATE: 8/7/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski Cj AA-1 SUBMITTED BY: Housing and Community Services/Housing Housing Manager J SUBJECT: St. Lucie County HOME Consortium — FY13 Action Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval for the St. Lucie County HOME Consortium FY13 Action Plan, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (k) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director sw Budget Analyst Dance' S. McIntyre Originating Dept. ( ) Beth Ryder C . Marie GoM Sophia Holf Housing and Community Services MEMORANDUM TO: Board of County Commissions THROUGH: Beth Ryder, Director FROM: Diana Wesloski, Housing Manager f DATE: August 7, 2012 SUBJECT: St. Lucie County HOME Consortium — FYI Action Plan ITEM NO. VI — H2 Background: On June 6, 2006, the Board approved forming the St. Lucie County HOME Consortium in partnership with Indian River and Martin Counties. The annual action plan describes the strategies for the next fiscal year of funding and is a requirement of the allocation process. The HOME Investment Partnership Program requires at least 15% to be set aside for a Community Housing Development Organization (CHDO). The CHDO is required to act as a, developer, sponsor or owner of affordable housing. In the FYI Action Plan, St. Lucie County is proposing the following: • Administration • CHDO Set Aside • St. Lucie County • Martin County • Indian River County Home Consortium Total $ 46,968.29 $ 70,452.45 $ 176,131.13 $ 84,542.94 $ 91,588.19 $ 469,683.00 St. Lucie County HOME Consortium is proposing to assist five first-time homebuyers with down payment assistance and six homeowners with rehabilitation assistance. Recommendation Board approval for the St. Lucie County HOME Consortium FYI Action Plan, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: St. Lucie County HOME Consortium FYI Action Plan ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS-- HOUSING AND COMMUNITY SERVICES DIVISION C/O ST. LUCIE COUNTY HOME CONSORTIUM FIRST YEAR ACTION PLAN 2012-2013 INDIAN RIVER, MARTIN AND ST. LUCIE COUNTY, FLORIDA SC Lucie County HOME Consortium Action Plan 2 Narrative Responses 2 Executive Summary 2 General Questions _ g Managing the Process 4 Citizen Participation 5 Institutional Structure 6 Monitoring 7 Lead -based Paint g Specific Housing Objectives _ g Needs of Public Housing 10 Recapture Provisions 10 Barriers to Affordable Housing 10 HOME/ American Dream Down payment Initiative (ADDI) it Homeless 12 Community Development 14 Non -Homeless Special Needs 15 Other is First Program Year Action Plan �i - Version 2.0 St. Lucie County HOME Consortium Q;(1,5E tJ r o" First Program Year Act i o n P I a n The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. The St. Lucie County HOME Consortium covers 1,632 square miles of land in Florida, with 265 persons per square mile. From 2000 to 2010, the population of the United States grew by nine (9.7%) percent. The State of Florida's population increased by over seventeen (17.6%) percent. It is expected the St. Lucie County HOME Consortium population will increase by just under sixty-six percent (66%), from 432,373 to 653,305, between the years 2000 and 2025. The 2010 Census reported that 132,854 residents were over 65 years old (20.4%), and 113,706 were under 18 (21.9%). Over fifteen percent (15%) of the St. Lucie County HOME Consortium population Is "foreign born," and over nineteen (19%) speak a language other than English at home. More than 94,610 people over the age of five are disabled. In 2010, there were 291,506 housing units in the region and 219,866 households (with an average of.2.43 persons per household). Within unincorporated St. Lucie County, the low income concentration is mainly within the unincorporated areas such as Lakewood Park, Harmony Heights, Sunland Gardens, Indian River Estates, and River Park subdivisions. The low income concentration within Indian River and Martin Counties are also within the unincorporated areas. Within these areas as well is the highest percentage of minority populations. The Consortium has set its funding priorities based upon a need to stimulate economic development while also improving the health and safety of its residents. As a result of the hurricanes that struck the area in 2004 and 2005 and Tropical Storm Fay in 2008, emphasis has been placed on drainage infrastructure to provide healthier and safer neighborhoods. Affordable housing has been a Very important focus for the Consortium. The cost of housing recorded phenomenal increases between 2003 and 2007 and there was little or no affordable housing available for low income families who wanted to purchase a First Program Year Action Plan 2 Version 2.0. St. Lucie County HOME Consortium home. Between 2007 and 2008, housing costs had decreased and homes were affordable again but the economic crisis had already begun. Housing prices began to plummet and the increased amount of foreclosures brought them down even more. The gap between the lowest home prices or monthly rental amounts and the lower income citizen's ability to afford the home has narrowed for those who have been able to retain their jobs. But many of those households have not been able to save for down payment and closing costs or first and last month's rent; they still need assistance to get Into a home. Others have lost the earnings from one or more jobs that were contributing to household income. These families have been forced into lower income brackets then they were in previous years. For this reason, efforts to provide housing for the workforce will be one of the Consortium's priorities. Current low-income homeowners also have maintenance issues because they often do not have the extra funds needed to keep their homes In good repair. The Consortium has focused on those households for a number of years, providing funding for repair/rehab, hazard mitigation and other such assistance, The Consortium has received funding from the State Housing Initiatives Partnership (SHIP) affordable housing program, which has been used in concert with the federal funds. The original SHIP funding received in the amount of $103,834 and allocated for FY 12/13 to St. Lucie County will continue to be utilized. In addition, Residential Construction Mitigation Program (RCMP) funding received in the amount of $100,000 will be applied to wind mitigation rehabilitation items as needed, and qualify as matching funds for grant reporting purposes. St. Lucie County Board of County Commissioners, as a member of the Consortium, has received an allocation of funds for the Neighborhood Stabilization Program through the Department of Housing and Urban Development in the amount of $1,947,508. This funding has been allocated to purchase and repair foreclosed properties, in order to improve neighborhoods and assist low to moderate Income households to purchase these homes. Twenty-five percent of the funds ($486,914.25) will be utilized to assist households at 500/0 of median income or less. Although these funds cannot be used as match, HOME can provide down payment assistance to a fully rehabilitated NSP completed project, ensuring safe, decent, affordable housing to HOME income qualified homeowners. A copy of the Action Plan was sent to each Consortium member for their review and comment. A public hearing will be held on 8/7/2012 to seek community input on housing and community development needs and to allocate 2012/2013 funding. The Draft Plan was advertised and made available for public review during a thirty -day comment period beginning on 7/9/2012 through 8/7/2012 r ; There were no other comments received from the public and no written comments were submitted. I. Responses to comments are attached to the Action Plan. If applicable, a summary of comments not accepted and the reasons they were not accepted is also included. General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. First Program Year Action Plan 3 Version 2.0 St EUCIe County HOME Consortium The St.. Lucie County HOME Consortium covers 1,632 square miles of land in Florida, and three contiguous counties, Indian River, Martin and St. Lucie. Within unincorporated St. Lucie County, the low income concentration is mainly within the areas such as Lakewood Park, Harmony Heights, Sunland Gardens, Indian River Estates and River Park subdivisions. The low income concentration within Indian River and Martin Counties are also within the unincorporated areas. Within these areas as well is the highest percentage of minority populations. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. Funding will target the unincorporated areas of Indian River, Martin and St. Lucie Counties. Review of the three county current markets determined the priority of the St. Lucie County HOME Consortium to be safe, decent affordable housing for homeowners and the availability of housing for homebuyers. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. The Consortium agreed upon strategies in an attempt to meet some of the needs of the region and address some of the obstacles to providing and sustaining housing for low income residents. A combination of Federal HOME, local and private sector grants, and other resources will be used to implement this One Year Action Plan. 4. Identify the, federal, state, and local resources expected to be made available to address the needs identified in the plan. federal resources should. include Section 8 funds made available to the jurisdiction, Low - Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified'in the strategic plan. Resources expected to be made available, including program income: St. Lucie County HOME Consortium: $469,683. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. The St. Lucie County Board of County Commissioners was designated by HUD and approved by the Indian River and Martin County Board of County Commissioners as the Lead Agency: The St. Lucie County Housing .Division is responsible for coordinating the consolidated planning and submission process, as well as the administration of the programs covered by the Plan. The St. Lucie County Housing Division is located at 437 N 71h Street, Fort Pierce, Florida 34950. Staff can be reached at (772) 462-1777. The staff contact person is Diana Wesloski, Housing Manager. First Program Year Action Plan 4 Version 2,0 St. Lucie County HOME Consortil.im 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. Upon completion of the draft, the One Year Action Plan was made available to the public through a 30 day, comment period, and one public hearing was advertised and conducted. The Consortium urged agencies and interested parties to submit written comments throughout the process or to contact the St. Lucie County Housing Division for information. The intention of this Action Plan.is to implement the priorities contained in the Consolidated Plan. One public meeting was conducted during the public comment period to ensure that this Action Plan met its intent. A copy of the Action Plan was sent to each Consortium member for their review and comment. A public hearing was held on 8/7/2012 to seek community input on housing and community development needs and to allocate 2012/2013 funding. The Draft Plan was advertised and made available for public review during a thirty -day comment period beginning on 7/09/2012 through 08/06/2012. I _I There. were no other comments received from the public and no written comments were submitted. Responses to comments are attached to the Action Plan. If applicable, a summary of comments not accepted and the reasons they were not accepted is also included. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. It Is the mission of the St. Lucie County HOME Consortium to accomplish these initiatives via the coordination of many different programs, stakeholders and partnerships. The Consortium works closely with its social service providers, lenders, builders, developers, and housing providers and other local governmental agencies; Treasure Coast Homeless Services Council; and Lending Consortiums. Continuous feedback from these organizations is important and will continue to be a goal for next year's activities. Citizen Participation 1. Provide a summary of the citizen participation process. In order to provide citizens with information concerning the St. Lucie County HOME Consortium, the consortium will take the following actions: a. Make available to the public, in a reasonable and timely . manner, information concerning the amounts of funds available for various activities and the range of activities that maybe undertaken; First. Program Year Action Plan 5 Version 2.0 St. Lucie County HOME Consortium b. Provide citizens with adequate notice of public hearings, which are to be held at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped. If a significant number of non-English speaking residents could reasonably be expected to attend a public hearing, an interpreter will be provided for the language expected to be represented; C. Hold at least one Public Hearing to obtain the views of citizens on the needs of the community; d. Conduct a public comment period to cover not less than 30 days; e. Consider any comments and views expressed by citizens on the proposed One Year Action Plan and, if appropriate, modify the proposed plans; and f. All grievances and complaints will receive a written answer within 15 working days where practicable. Verbal complaints that cannot be remedied immediately will be documented by the beneficiary (or a designated representative of the St. Lucie County HOME Consortium) and signed to be treated as all other written complaints. 2. Provide a summary of citizen comments or views on the plan. d 1'r , 3ktf I, tit1i`AL _k)its _d»ed m (.o m ljwa .:iis flan. (CI1' Nf F AS NEEDED ?r !, 4 :)i 1k_ I-JL/%Pfl\1G) - - 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non-English speaking persons, as well as persons with disabilities. The Consortium, through its ongoing. public participation/consultation process continually seeks to broaden this process by involving new non-profit organizations in its various programs. To achieve this, the Consortium has expanded its public notice efforts by running more public notices on its public access channel and including information on its web site, and in cooperation within other County Divisions. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. There were no comments not accepted. Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Each local government Housing Division's are responsible for administering the State Housing Initiatives Partnership (SHIP) housing program, when funded, the Neighborhood Stabilization Program (NSP), the Community Development Block Grant (CDBG), and many other community and/or economic development grants. Also, the Counties meet on a regular basis at the Lending Consortiums meetings to coordinate low-income homeownership opportunities in the three County areas. When it is time to prepare the Consolidated Plan, we ensure that all interested parties have a chance to provide input verbally or through written responses to First Program Year Action Plan 6 Version 2.0 St. Lucie County HOME Consort 1i); surveys. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. The St. Lucie County HOME Consortium has established the following standards and procedures in order to monitor activities authorized under federal programs, ensure long-term compliance with the provisions of those programs, and further the Consortium's goals or objectives set forth in the Consolidated Plan. As a method for checking progress, the standards and procedures will serve to measure resources consumed, track the status of projects and timeliness of expenditures, measure and compare accomplishments with projections, and provide methods for change and/or improvement, where needed. These standards and procedures apply to all Community Housing Development Organizations (CHDO) projects to ensure compliance with program guidelines. Monitoring of the housing program will be on -going. On -site inspections of homes funded under the program are made by Housing Program Inspectors during, the repair process and when work is completed. Payments are withheld if work is unsatisfactory and released when the job is brought up to standards. These standards and procedures apply to all CHDO projects to ensure compliance with program guidelines. Preparing the Plan is an ongoing process. The Consortium will monitor the effectiveness of the Plan and submit reports to U.S. Department of HUD annually. The monitoring will include a review of Performance Measurements, which include objectives and outcomes in relation to the activities completed. In addition, these reports will evaluate the performance of the Plan by examining and commenting on the following: Contract Agreements: The Consortium will enter binding contractual agreements with all other parties, including CHDO's, participating in federal programs. Such agreements will insure compliance with program provisions between the Consortium and these parties. Additionally, these agreements will provide a basis for enforcing program requirements and for identifying remedies in the event of a breach of the any of the provisions.: Elements contained in these agreements will be inclusive of, but not limited to: • Type of activity; • Specific "boiler plate" provisions; • Other terms and conditions; • Special program requirements; • Budget; • Scope of services; • Reporting requirements; and • Other special provisions. Fri ;L Program Year Action Plan 7 - Version '.0 St. Lucie County HOME Consorhun� Monitoring Standards: The Consortium anticipates working with sub recipients, sponsors or administrative agents in the coming year, so monitoring of those entities and/or their programs is planned. When funding is received, programs will be monitored through communication with a these participants, and evaluations conducted. Such a process involves frequent telephone contacts, written communication, analysis of reports and audits, and periodic meetings. The primary goal of monitoring is to identify deficiencies and advocate corrections in order to improve, reinforce or augment participant performance in relation to the goals and objectives set forth in the Consolidated Plan. As part of this process, the Consortium watches for evidence of fraud, waste and mismanagement or for situations with potential for such abuse. The emphasis will be on prevention, detection and correction of problems. The St. Lucie County HOME Consortium will monitor each program participant annually, or more frequently if circumstances should require, in order to review the activities included in their agreement. The purpose of this monitoring is to assess compliance with the requirements of the federal program. Such review will include desk audits and on -site examinations to determine compliance with all applicable requirements. Monitoring activities shall be comprised of the following: • Development of an annual monitoring strategy • Selection of program areas to review • Timing of monitoring visits • Follow-up action • Assessment of individual activities • Assessment of progress for the program as a whole • On -site procedures • Evaluation and Conclusions These standards and procedures apply to all CHDO projects to ensure compliance with program guidelines. Recapture Requirements: All loans provided to households will be contractually subject to recapture as per the County's recapture requirements. These recapture provisions will be enforced by a note and second mortgage on the property. The assistance to very low and low income homeowners will be a loan. The funds that come from St. Lucie County will be in the form of a 0% interest for the total life of the loan that must be paid back to the County when the home is no longer owner occupied, sold, when a change in title occurs, or the homeowner chooses to refinance. These loans have the following terms: $1,000 - $15,000 - 5 year. loan term; $15,001 - $25,000 - 10 year loan term; and $25,001 - $50,000 - 15 year loan term. Loans are deferred and will . have a specific period and term for repayment, as stipulated in the second mortgage, (this includes Purchase -Rehab construction amounts). Repayments will be re -invested in the HOME program. First Program Year Action Plan 8 Version 2.0 St. Lucie Cowity HOME Consum.m; Lead -based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead -based paint hazards in order to increase the inventory of lead -safe housing available to extremely low-income, low-income, and moderate -income families, and how the plan for the reduction of lead -based hazards is related to the extent of lead poisoning and hazards. Lead paint hazard reduction will be integrated into all housing policies and programs in the St. Lucie County HOME Consortium. The Consortium will execute measures to evaluate and reduce lead paint hazards: • Any units built prior to 1975 and are rehabilitated using HOME funds, will be required to conduct a lead -based paint inspection, risk assessment (if needed) and abatement plan (if needed) and abide by HUD lead -based paint regulations (as amended). • Individuals taking part in the Down Payment Assistance Program will receive a copy of the Protect Your Family from Lead in Your Home and Renovate Right brochures. Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. The St. Lucie County HOME Consortium's goal is to provide safe, decent, affordable housing to homeowners and to eliminate substandard housing within the three county regions. Homeownership Assist five (5) very -low and low income households purchase homes with down payment/closing cost assistance, (up to $25,000 each) Resources HOME Program funds $125,000,00 Homeowner Rehabilitation Assist six (6) very -low and low income households with rehabilitation to correct code/life safety issues in the home (up to $50,000 each). Resources HOME Program funds $272,262.25 CHDO Set Aside In addition to the two above mentioned strategies, the St. Lucie County HOME Consortium will be setting aside 15% of the total allocation for CHDO eligible First Program Year Action Plan 9 Version 2.0 Si-, Lucie County HOME Consor[ion. activities. CHDO eligible activities include utilizing a CHDO as a developer, owner and/or sponsor. Resources HOME Program Funds $70,452.45 Recapture Provisions Funds distributed toward down payment and rehabilitation assistance will be secured by a deferred payment loan (DPL) as a lien on the property. The term of the DPL will be determined by the amount of assistance provided according to the following terms: $1000 -_ $15,000 - 5 year loan term $15,001 - $25,000 - 10 year loan term $25,001 - $50,000 - 15 year loan term (Rehabilitation Projects) 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. The combination of State and Federal resources to leverage private sector financing will prove to be an effective method of providing affordable housing. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. The St. Lucie County HOME Consortium will market the homeownership program to public housing residents and provide consistent information about homebuyer and money skills training which is provided in each county at no cost. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. None of the three housing authorities has been designated by HUD as troubled. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing, During 2012-2013, St. Lucie County staff will continue to work on several initiatives that will remove barriers to affordable housing. The Consortium continues to implement the following actions: a. Proclaims one month each year as Fair Housing Month; First Program Year Action Plan 10 Version 2.0 St. Lucie County HOME Consortium b. Advertises Fair Housing Information; c. Distributes Fair Housing brochures at training events and on the web page; d. Provides Complaint forms at libraries and County Administrative buildings; e. Provide referral and resources for Credit Counseling for homeownership; f. Provides fair housing training as part of the homeownership workshops; g. Utilizes fair housing logo on brochures, etc.; h. Provides predatory lending information in the lobby; I. Provide Free HUD certified Homebuyer workshops to the public. The Consortium will continue to implement its state required regulatory reduction program, including providing incentives for affordable housing, providing development review priority, reviewing proposed ordinances for their impact on the cost of housing. HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in § 92.205(b). No other form of investment other than that described in Section 92.205(b) is planned. 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. The St. Lucie County HOME Consortium, incompliance with Federal Regulations, has established recapture provisions for the Down Payment Assistance program. The guidelines governing the local programs have been designed in conformance with Federal law. Currently, the Consortium requires that investment out of the net proceeds of reduced by the amount of HOME principal to the Consortium during the loan period. program participants repay the full HOME the sale. The amount recaptured will be payments, if any, made by the homeowner To enforce this provision, the Consortium will place a mortgage and deed restrictions on the property that details these requirements. These requirements are included in the "Truth -In -Lending" statement. Households receiving assistance under the Down Payment Assistance Program must be first-time homeowners. The total household income must not exceed 80% of the median income for the area and is adjusted by family size. Properties eligible to be purchased must not exceed the maximum legal limit established by HUD. All funds recaptured under this provision will be used to assist other first-time homebuyers. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: First Program Year Adion Plan I t Version 2.0 St. Lucie County HOME Consor;rr a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long- term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. ' d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify. whether the investment of HOME funds may be jurisdiction -wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. Refinancing Is not anticipated. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. The St. Lucie County HOME Consortium will not receive any ADDI funds for this Action Plan period. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. First Program Year Action Plan 12 Version 2.0 St. Lucie County HOME Consoit:urn 1. Sources of Funds — Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly -owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness — In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness — The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention — The jurisdiction must describe its planned action steps over the _next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy — Explain planned activities to implement a cohesive, community -wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. The Treasure Coast Homeless Services Council, Inc. (TCHSC) serves as the official Continuum of Care for St. Lucie, Martin and Indian River counties. It Is the official qualified applicant for State and Federal homeless prevention and direct services funding on the Treasure Coast and the Lead Agency for the State Office on Homelessness. The Council operates a Homeless Resource Center for Indian River, St. Lucie and Martin Counties, which provides approximately $300,000 per year in direct assistance to homeless and near -homeless families and $800,000 per year in rental housing payments on behalf of the disabled. The Council also provides approximately $300,000 annually in direct funding to the homeless family shelter on the Treasure Coast, serving Indian River, St. Lucie and Martin Counties. The Council coordinates all grant funding applications through the State Office on Homelessness and HUD. TCHSC receives at least $950,000 per year from McKinney Vento under the Homeless Continuum of Care Competition. For 2010, they received $985,804 for Transitional Housing Supportive Services (SHP), Homeless Management Information Systems (HMIS) and Shelter Plus Care (S+C), which is subsidized housing for disabled individuals and families in St. Lucie, Martin and Indian River Counties. The Council also secured $2,101,264 in Neighborhood Stabilization funds to provide affordable rental housing to families who are at or below 50% of area median income and $2,105,537 in Homeless Prevention and Rapid Rehousing Funding. Since 1999, the Council has obtained over $20 million dollars in federal funding to meet the needs of the homeless on the Treasure Coast. First Program Year !action 11ai 1 3 Version 2.0 St. Lucie County HONIL Consorlin TCHSC also operates a mortgage modification program which has successfully assisted 45 families to date in preventing foreclosure. Homelessness due to eviction is common for low wage earners in St. Lucie County. Out of the more than 1,000 individuals who seek assistance annually, from the Homeless Resource Center, more than 45% are from St. Lucie County. 70% of the requests for financial assistance are due to pending evictions for nonpayment of rent. The second biggest request for services from St. Lucie County residents is for utility payments, which have risen sharply due to changes in billing practices, fuel charges and required deposits for connections. HUD Is providing program funding for homeless services within the Consortium through the Continuum of Care administered by the Treasure Coast Homeless Services Council. The continuum of services of TCHSC includes preventing homelessness, addressing the causes of homeless through referral and case management and increasing employment and housing opportunities. TCHSC is consortium of approximately eighty agencies, providers and interested citizens who develop a strategic plan and pool resources to accomplish the plan. The largest direct service provider consortium member in St. Lucie County is New Horizons of the Treasure Coast. It serves the seriously mentally ill population. TCHSC provides a coordination function through the operation of a Homeless Resource Center which accepts referrals from all member agencies and coordinates services for the applicant in one place. Assessment and Information sharing is facilitated among participating member agencies using Client Track, a confidential client management Information system. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. N/A Community Development *Please also refer to the Community Development Table In the Needs.xis workbook. 1. Identify the jurisdiction's priority non -housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 26), public facilities, public improvements, public services and economic development. First Program Year Action Plan 14 Version 2.0 St. Lucie County HOME Consotr .gin 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate -income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. N/A Non -homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non -homeless Special Needs Table in the Needs.xis workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. The St. Lucie County HOME Consortium's goal is to provide safe, decent, affordable housing to homeowners and to eliminate substandard housing with the three county regions. The St. Lucie County HOME Consortium expects to fulfill its goal through offering ten percent of rehabilitation assisted units to the non -homeless special needs very -low and low income clients in the fifth year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. The combination of state and federal resources to leverage private sector financing will prove to be an effective method of providing affordable housing. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. First Program Year Action Plan 15 Version 2.0 St. Lucie County HOME Consa!;'oj 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. S. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non -regulatory) encountered, actions in response to barriers, and recommendations for program improvement. S. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. N/A Include any Action Plan information that was not covered by a narrative in any other section. Hirst Procliam Yeah Action Plan . _ Version 2.0 TO: BOARD OF COUNTY SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: ()(] APPROVED [ ] DENIED [ j OTHER: Approved 5.0 AGENDA REQUEST County Attorney ITEM NO. Vtf -A DATE: August 7, 2012 REGULAR[] PUBLIC HEARING ( x ] CONSENT[ ] PRESENTED BY: Katherine Barbieri Assistant County Attorney Code Enforcement Case No. 69542, 2605 Sterling Ct, Fort Pierce, FL 34947 See attached memorandum CA 12-0827 Staff recommends that the Board authorize a 30 day notice be sent to the Property owners ordering them to mow and maintain the entire property for excessive overgrowth of grass and weeds and board up and secure all windows and doors or St. Lucie County will have it abated and place a lien on the Property. Review and Approvals (X] County Attorney: Daniel S. McIntyre Faye W. Outlaw, MPA County Administrator [X] Planning & Dev. Svcs. Director Mark Satterlee INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-0827 DATE: August 7, 2012 SUBJECT: Code Enforcement Case No. 69542, 2605 Sterling Ct, Fort Pierce, FL 34947 BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 2605 Sterling Court, Fort Pierce, FL (the "Property") and have exhausted all avenues to gain compliance. The Property was cited by Code Enforcement on November 9, 2011 in Case No. 69542. The Property was found to be in violation of Section 1-9-32 Public Nuisance of the St. Lucie County Code and Compiled Laws and Section 13.09.00 Exterior Property Maintenance of the St, Lucie County Land Development Code. It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds and board up and secure all windows and doors on the structure. The violations continue to exist. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photograph attached). Chapter 67-1998, Laws of Florida, Section 5 finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, will be kept free from debris or any other matter which by reason of physical conditions or other peculiar characteristics might cause damage to life or property within the immediate area surrounding the same. Ifthe Board of County Commissioners finds itwise and expedient and serves a public health orsafety purpose for such propertyto be cleaned of weeds orother growth of materials, including, boarding and securing all windows and doors, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize a 30day notice be sent to the Property owners ordering them to mow and maintain the entire property for excessive overgrowth of grass and weeds and board up and secure all windows and doors or St. Lucie County will have it abated and place a lien on the Property. KB/cb Encl. 1AC8 H Ddve\A9endaMemo-KMS3605 StedinCt.Wpd Respectfully submitted, /V-- Katherine Barbieri Assistant County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY[DEPT]: SUBJECT: BACKGROUND: RECOMMENDATION: COMMISSION ACTION: ( APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 County Attorney ITEM NO. VII-B DATE: August 7, 2012 REGULAR[] PUBLIC HEARING [x J CONSENT[) PRESENTED BY: Katherine Barbieri Assistant County Attorney Ordinance No. 12-015 - Refueling Assistance for persons with Disabilities See attached memorandum No. 12-0828 Staff recommends that the Board adopt Ordinance No. 12-015 and authorize the Chairman to sign the Ordinance. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X) County Attorney: Daniel S. McIntyre INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-0828 DATE: August 7, 2012 SUBJECT: Ordinance No.12-015 - Refueling Assistance for persons with Disabilities Subsection 526.141(5)(a), Florida Statutes, requires gasoline stations that offer self-service to require an attendant employed by the station to dispense gasoline to persons with disabilities. Attached to this memorandum is a copy of draft Ordinance No. 12-015 which, if adopted, would require at all gasoline station retailers to prominently display a decal on the front of all gasoline pumps clearly stating the phone number of that gasoline station retailer. This ordinance places restrictions on the size and coloring of the decal. The telephone number shall be operational and answered by the attendant. As long as there is more than one attendant present, the gasoline station retailer shall require an attendant to provide fueling assistance to persons with disability. The Board of County Commissioners approved permission to advertise on July 17, 2012. Staff recommends that the Board adopt Ordinance No.12-015 and authorize the Chairman to sign the Ordinance. Respectfully submitted, V_� Katherine Barbieri Assistant County Attorney KB/cb Attachment I:\CB H DNe\AgendaMemo-XMS42-015.wpd ORDINANCE NO. 12-015 AN ORDINANCE OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PERTAINING TO REFUELING ASSISTANCE FOR PERSONS WITH DISABILITIES; CREATING SECTION IX OF CHAPTER 1-2 ADMINISTRATION OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ACCESSIBILITY, PROHIBITED CONDUCT, ENFORCEMENT, AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FORADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Subsection 526.141(5)(a), Florida Statutes, as amended from time to time, requires gasoline stations that offer self-service to require an attendant employed by the station to dispense gasoline to persons with disabilities; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, ("Board") desires to create the "Refueling Assistance for Persons with Disabilities Ordinance" in the St. Lucie County Code of Ordinances in order to provide assistance to persons with disabilities in refueling theirvehicles; and WHEREAS, the Board finds that implementation of this Ordinance as setforth herein will promote, protect, and improve the health, safety, and welfare of the people of unincorporated St. Lucie County, Florida. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PARTA. CHAPTER 1-12 ADMINISTRATION of the Code of Ordinances of St. Lucie County, Florida is amended to add Article IX Refueling Assistance for Persons with Disabilities as follows: ARTICLE IX. REFUELING ASSISTANCE FOR PERSONS WITH DISABILITIES. Section 1-2.103 Definitions For the purposes of this Section, the following shall apply: ja Complainantshall mean any individual who witnesses or who issubaected toconductwhich violates this Ordinance and who files a written complaint with the Division stating the information required by this Ordinance. ll Director shall mean the Planning and Development Services Director, or the Director's designee. Underlined passages are additions. -1_ & no, lhrou,' paaeages a an deletions, (c) Division shall mean the St. Lucie County Code Division. (d) Gasoline DispensingAreashall mean the area where the pumps used to dispense flammable and combustible liquids used as motor fuels are located. je Gasoline Station Retailer shall mean: j1 Anv full -service gasoline station located in unincorporated St. Lucie County; or (2) Anv self-service gasoline station located in unincorporated St. Lucie County that has two (2) or more attendants on duty at any given time during the hours the station is open for business to the public. jf Person(s) with Disability(ies) shall mean any natural person who: (1) Has been issued and is operating any motor vehicle properly displaying an exemption parking permit as provided in Section 316 1958 or Section 320 0848 or a license plate issued pursuant to Section 320.084, Section 320 0842 Section 320.0843 or Section 320.0845 Florida Statutes, or ll Is operating any motor vehicle with specialized equipment such as ramps, lifts, or foot or hand contro Is,for use by a person who has a disability or whose vehicle is displaying the Florida To II Exemption permit. jp1 Self-service Gasoline Station shall mean that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant. Section 1-2-105 Accessibility requirements. ja Attendants at all Gasoline Station Retailers shall at all times be able to communicate with persons in the Gasoline Dispensing Area via telephone, as well as any additional means of electronic communication with the attendant such as, but not limited to, an intercom. jb Gasoline Station Retailers shall require an attendant to provide refueling assistance to Persons with Disabilities as defined in this Ordinance when such service is requested. jc Gasoline Station Retailersshallprominentlydisplay asign, decal, orsticker,nosmallerthan fifteen (15) square inches, on the front of all gasoline pumps clearly stating the telephone number of that Gasoline Station Retailer, as well asthe existence of any additional means of electronic communication with the attendant such as, but not limited to, an intercom, the international symbol of accessibility ("ISA"), and wording such as "Call for Assistance" or "Assistance Available upon Request." The sign, decal, or sticker must also be on a blue background. The telephone number and all other means of electronic communication indicated on the sign, decal or sticker shall be operational and answered directly by an attendant on duty during the hours the Gasoline Station Retailer is open for business to the public. Underlined passages a re additions. —2 St. ., . H . �,! passages are deletions. (d) In the event that assistance is requested during times when a second attendant is not present at a Self-service Gasoline Station the Gasoline Station Retailer is not required to provide the requested assistance In such instances the attendant on duty shall inform the person who requested assistance that the attendant is not able to provide such assistance because there isonly one (1) attendant on duty. Section 1-2-105 Prohibited conduct. It shall be a violation of this Article for a Gasoline Station Retailer to: (a) Fail or refuse to prominently display a sign decal or sticker, on the front of all gasoline pumps which meets the requirements of this Ordinance; or (k) Fail to ensure that the telephone number, intercom or other means of electronic communication with the attendant indicated on the sign decal, or sticker is operational and answered by an attendant on duty during the hours the Gasoline Station Retailer is open for business to the public; or ll Fail to provide refueling assistance to a Person with Disabilities when such assistance is requested and when more than one (1) attendant is on duty. Section 1-2-106. Filing of Complaints. fJ Any person who witnesses orwhoissubiectedto, conductthatviolates this Ordinance may file a written complaint with the Division. (b) The complaint must be in writing and shall contain the following information: violation; and (1) Name and address of the Gasoline Station Retailer alleged to have committed the (2) Date of alleged violation; and (3) General statement of the facts of the alleged violation; and u Such other information required by the Division. Section 1-2-107 Enforcement and penalties. It shall be the duty of the Division to enforce this Ordinance. PART B. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative orvoid, such holdingshall not affectthe remaining portionsofthisOrdinance. If this Ordinance Underlined passages are additions. -3- �6h passages are deletions. 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. PARTC. APPLICABILITY This Ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. 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 extend of such conflict. PART E. 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 F. EFFECTIVE DATE. This Ordinance shall become effective December 1, 2012. PART G. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chairman Chris Dzadovsky XX Vice Chair Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PART H. CODIFICATION. Provisions of this Ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance' may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED this day of ATTEST: ItUXI .I! BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA L•l'II U�d.dmdp..age:nr ddmm�.. -4-=:.___:...__o., p.,:a.....e dO.uon,. Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are additions. -S- Strn� passages are deletions. ITEM NO. VII-C AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department, Planning Division SUBJECT: Rezoning Request — Armando Galban BACKGROUND: See attached memorandum. DATE: 08/07/12 REGULAR () PUBLIC HEARING N LEG. ( ) QUASI -JD (X) CONSENT ( ) PRESENTED BY: Jeffrey Johnson Senior Planner FUNDS AVAILABLE: NIA PREVIOUS ACTION: June 21, 2012 — Planning and Zoning Commission provided no recommendation on this petition to the Board of County Commissioners as the vote resulted in a 3-3 tie. RECOMMENDATION: Board adoption of Resolution No. 12-020 approving an Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General) as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED _ `- ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator, ICMA-CM COORDINATION/SIGNATURES Count Attorney X Ai-y y ( ) County Surveyor (X) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD (X) Michael Powley I aren Smith Originating Dept. (X) OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director$ Kara Wood, Planning Manager it FROM: Jeffrey Johnson, Senior Planner DATE: August 7, 2012 SUBJECT: Rezoning Request —Armando Galban ITEM NO. VII-C �T�l:Cr7Z�D1il� The Planning and Development Services Department, Planning Division received a petition on April 12, 2012 from Armando Galban to amend the Official Zoning Atlas from the current CO (Commercial, Office) District to the CG (Commercial, General) District. The subject property is 0.78 acres and is located on the southwest corner of East Midway Road and Star Avenue. The property is designated COM (Commercial) on the Future Land Use Map. The subject property consists of two parcels of land. One parcel is vacant and the other consists of a single family home. The Port St. Lucie Church of Christ and a single family residence are located to the north of the subject property. To the east is. an auto repair business and to the south and west are single family homes. Over the past few decades, a number of properties in this vicinity have been rezoned to CG and have transitioned into more intensive commercial uses. At the June 21, 2012 public hearing on this matter, no recommendation was given by the Planning and Zoning Commission to the Board of County Commissioners as the vote resulted in a 3-3 tie, the details of which are recorded in the attached minutes. Some Commissioners held the viewpoint that the change in zoning was inevitable due to the future widening of Midway Road to four lanes and the transition to more intense commercial uses that has occurred in this vicinity. Other Commissioners felt that the proposed change was inconsistent with the single family residential uses to the south. Three residents spoke against the petition and raised concerns with possible increased impacts that are associated with the more intense commercial uses, such as traffic, noise, and excessive wear on the local roads. The subject property is differentiated from the single family residential properties to the south that are zoned CO in that it has frontage along the Midway Road arterial. To mitigate negative adverse impacts and provide safeguards to the residents, buffering between any commercial use on the site and adjacent existing residences will be required. Board of County Commissioners Armando Galban Rezoning August 7, 2012 Page 2 Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. RECOMMENDATION: Board adoption of Resolution No. 12-020 approving an Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General) as outlined in this agenda memorandum. Hearing Date: Thursday August 7, 2012 Applicant Armando Galban 1680 SW Bayshore Blvd. Port St. Lucie, FL 34984 (954) 444-8713 Agent Bradley Currie 501 SE Port St. Lucie Blvd. Port St. Lucie, FL 34984 (772) 924-2602 Future Land Use COM (Commercial) Request Proposed zoning change from CO (Commercial, Office) to CG (Commercial, General). Staff Jeffrey Johnson Senior Planner johnsonj@stlucieco.org (772) 462-1580 File Number RZ 420124421 N A d 0 Weatherbee Rd Midway R Subject v property 4 U a m 0 RS AGENDA ITEM VII-C Armando Galban Amendment to the Official Zoning Atlas Location: Southwest corner of East Midway Road and Star Avenue Project Description An Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General) for approximately 0.78 acres of land located at the southwest corner of East Midway Road and Star Avenue. The subject property contains two parcels. One parcel is vacant and the other consists of an unoccupied single family residence. The properties in the vicinity have been transitioning to more general commercial uses in recent years. The proposed zoning change will be consistent with the properties to the north, east and west that are currently zoned CG (Commercial, General). Background At the June 21, 2012 public hearing on this matter, the St. Lucie County Planning and Zoning Commission recommendation to deny by the Board of County Commissioners resulted in a 3-3 tie vote. Further details regarding this petition are found in the staff report. Notice Requirements A public hearing notice in accordance with Section 11.00.03 of the Land Development Code was placed in the St. Lucie News Tribune on July 25, 2012. Letters were sent to property owners within a 500 foot radius and a sign placed on the property. Resolution No. 12-020 r File No.: RZ 420124421 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Armando Galban petitioned for an amendment to the Official Zoning Atlas to change the zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A" and depicted on the attached map as Exhibit "A". 2. On June 21, 2012 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, with a recommendation that resulted in a 3-3, tie vote to the Board of County Commissioners for the hereinafter described request for an amendment to the Official Zoning Atlas from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A". 3. On August 7, 2012 this Board held a public hearing on the petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on April 10, 2012. August 7, 2012 File No.: RZ 420124421 Page 1 Resolution No. 12-020 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District for the property owned by Armando Galban and described below is hereby approved. LEGAL DESCRIPTION: Lots 5, 6, 7, 8, 9, 10, 11 and 12, Less Midway Road right-of-way, and all of Lot 14, Block 2, "Central White City Subdivision", according to the plat thereof, as recorded in Plat Book 5, Page 63, St. Lucie County, Records, Florida. SITE ACERAGE: 0.78 acres (more or less) PARCEL ID NUMBERS: 3403-804-0016-000/9 and 3403-804-0018-000/3 B. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. August 7, 2012 Resolution No. 12-020 File No.: RZ 420124421 Page 2 After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman XXX Tod Mowery, Vice -Chair XXX Paula A. Lewis, XXX Chris Craft, Commissioner XXX Frannie Hutchinson, Commissioner XXX PASSED AND DULY ADOPTED this 7th day of August, 2012. ATTEST: DEPUTY CLERK August 7, 2012 File No.: RZ 420124421 Page 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 12-020 Exhibit A Site Location Map N Q A O Weatherbee Rd r, Midwa R SRO ect Q _ U a> Q c m a� O August 7, 2012 File No.: RZ 420124421 Page 4 Resolution No. 12-020 Exhibit B Concurrency Deferral Affidavit August 7, 2012 Resolution No. 12-020 File No.: RZ 420124421 Page 5 j, Armando V. Galban Name St. Lucie County Con currency Deferral Affidavit residing or doing business Receivod BY Planning D1v1siOr' APR 12 2012 st.1-ticie Cou1*1 387 Midway Rd. & 5001 Star Ave. Street Fort Pierce FL 34982 954-444-8713 City State Zip Phone have applied for a Rezoning from St. Lucie County, Florida, Type of Development Order for the following project: Galban Rezoning Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make DO guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that dine. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. f1 Signed C5 Date: Applicant STATE OF FLORIDA COUNTY"F` LticiQ— i�,ih he foregoing instrument was acknowledged before me this day of , 20LL, by i I-n,-0- 0 C'Ct 64 who is personally known to me or who has produced Tx_ as identification. V - -� Signature of Notary Type or Print Name of Notary Page 1 of I Revised: April 1, 2008 L-4(-1.1t-Z__ Commission Number (Seat) 1 o ar aku � 37,266 � Cnmrn i n �u431` ttF My m,r7 Mml232014, Z N O U M J C1 Z T aw � O m NO INW0130 m m m EiS-(JNZ-S ♦�,_ ♦ Ieueo ♦ o O C L U C r W � C 0 0 0 r AM I U N 1 aa)i o CV (6 1 3AV 8VI.S 1 CV d ( 1 / N a) N i 1 � CEO a)�> 1 oN � 0 1 w > 1 1 NC 1 Q � (CTf 1 z a) o L ♦ 3AV 30VI - r , Q o LO I 6 AVMHJIH S ns N 0 ctuf c T O J t o L — a) Co _T O_ U — 0 — U .:::: :....:... a a C U n U 0 a f) LL 0 u o — 1 i �NN1 1 J J June 12, 2012 Mr. Jeffrey Johnson, Senior Planner Planning & Zoning Commission Planning & Development Service Department Planning Division 2300 Virginia Avenue Fort Pierce FL 34982 Re: Property located at 5001 Star Avenue Dear Mr. Johnson; Received 6y Planning Divisiot JUN 18 2012 St, Lucie county We reside in the neighborhood off of Midway Road on Star Avenue, Indiana Avenue, and Lace Avenue in White City. This letter is in reference to our concerns about the rezoning of the property located at 5001 Star Avenue to Commercial General from Commercial Office. We are concerned about the increase of traffic this will bring to our neighborhood. We already have an automotive repair business whose address is listed as Midway Road, but the entrance is located on Star directly across from the 5001 property which causes a lot of traffic, his customers continually block the roadway, and or making u-turns on our properties. There is also a paver business located on Lace whose trucks towing heavy equipment come down our streets seven (7) days a week creating excessive wear and tear on our roadway. Neither of these businesses has done anything to the properties as far as fencing, landscaping, sidewalks, handicap parking, etc. which as we understand were contingent upon the rezoning to Commercial General from Commercial Office. • If a towing company were to relocate to the property at 5001 Star Avenue, we would be very concerned about the oil, gas, battery acid, etc. leaking into the ground and contaminating our water tables from the vehicles being towed to the property, especially, vehicles which have been involved in accidents. • We are concerned about the increase in noise. Towing Companies are a 24/7 business and their trucks make a lot of noise, especially when backing up. This neighborhood was zoned Commercial Office when we bought our properties and most of the families residing in this neighborhood are working people and get up early for work. Thank you for the opportunity to voice our opinions on this matter and we appreciate your attention to our concerns. Sincerely, Name Nam ls� (Conti on next page) Address ~ 2 fir" (ncLi Ly)o- I"I/}y'e�, Address 3 t+ .I! YI r� { ✓lA dot -e— Page 2 of 2 NameZo,yAlie Ldi'lbi ems Address 0FL1 LAGe 4V(L Name (A C7z}C�t)CIAVF) Address T;c,to Name OFALAtf5 C400l' , %r6✓l1 Address. .'AddressYC! t�z� N r 1 _i_ �,� _ li� Name St. Lucie County Classroom Teachers' Association and Classified Unit A-1 Local 3616 Vanessa Tillman Affiliate of FEA, AFT, NEA and AFL-CIO President Received 8y Planning Division J U Ni 0 81 2012 si. Lucie County June 6, 2012 Jeffrey Johnson, Senior Plantier St. Lucie County Planning and Zoning 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. Johnson, Per our conversation this afternoon, I wanted to confirm our support for the amendment to the Official Zoning Atlas for parcel ID numbers 3403-804-0016-000/9 and 3403-804- 0018-000/3 from CO (Commercial, Office) to CG (Commercial, General). Thank you for answering my questions and for the opportunity for input. Siinnceerely, n Vicki C. Rodriguez Vice President 371 East Midway Road • Fort Pierce, FL 34982 • (772) 464-6430 • Fax: (772) 464-7446 http://www.stluoieteachers.com Jeffrey Johnson From: Hardscapes, Inc. <hardscapepavers@aol.com> Sent: Wednesday, June 20, 2012 12:11 PM To: Jeffrey Johnson Subject: Letter June 20, 2012 Mr. Johnson, I am the owner/president of Hardscapes Inc. and I wanted to set the record straight in regards to the letter written to you by Mr. and Mrs. Cummings of 384 Indiana Ave. about the property located at 5001 Star Ave. There is a public meeting scheduled tomorrow about the towing company that wants to operate his business at this location in which I will not be able to attend. I am the paver company they are referring to in the letter. I spoke with Mr. Cummings and Lonnie Williams yesterday afternoon and they both agreed that the information provided in that letter about my company was incorrect. They also stated that Mrs. Cummings wrote the letter and that even though they noticed that she had written incorrect information about the paver company their focus was on making a point about their disapproval with the towing company. We do not have a lot of heavy equipment causing wear and tear to the roads in their neighborhood. They both agreed that Hardscapes has one small dump truck that always drives very slow mainly on Lace Ave., and that they are very appreciative on how considerate we have always been. I asked if they had any complaints at all about Hardscapes and they both stated that they did not have any complaints. The company they were referring to in the letter is the Feed Store on US 1 that is now forced to use Lace, Indiana, and Star Ave. because the owner of the property next to them closed their access to US 1. Also, I did inform them that Hardscapes has hired a Land Planner to begin work on the transition from commercial office to commercial general, and that we are currently waiting to hear back from the county to proceed with the improvements. If you need any additional information, please do not hesitate to call or email. Thank you for your time, Debbie Fasnacht Hardscapes, Inc. 5009 Lace Ave. Fort Pierce, FL 34982 (772) 489-3771 (772) 489-2703 FX DRAFT Page 3 of 5 C. Armando Galban: RZ 420124421: Petition for an amendment to the Official Zoning Atlas from CO (Commercial, Office) Zoning District to the CG (Commercial General) Zoning District. Staff comments and presentation by Jeffrey Johnson. Mr. Johnson stated the Planning and Development Services Department, Planning Division received a petition on April 12, 2012 from Armando Galban to amend the Official Zoning Atlas from the current CO (Commercial, Office) District to the CG (Commercial, General) District. The subject property is approximately 0.78 acres and is located on the southwest corner of East Midway Road and Star Avenue. The property is designated COM (Commercial) on the Future Land Use Map. The subject property consists of two parcels of land. One parcel is vacant and the other consists of a single family home. The Port St. Lucie Church of Christ and a single family residence are located to the north of the subject property. To the east is an auto repair business and to the south and west are single family residences. Legal advertisement for the public hearing was published on June 1, 2012; a notice of public hearing sign was placed on the property on June 4, 2012 and standard mail notices were sent to 39 property owners within 500 feet of the subject property, Staff has received two letters; one of them signed by 10 residents that are in opposition of the zoning change and the other letter is in support. As shown on the county's future land use map, the property is surrounded by commercial future land use; the requested commercial general zoning district is consistent with the commercial future land use that is designated on the property. Staff reviewed the petition and found the request to comply with the standards of review as outlined in Section 11.06.03 on the County's Land Development Code. Staff recommends forwarding a recommendation of approval to the Board of County Commissioners for Resolution No. 12-020 approving and Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General). Mr. Lounds asked if Midway Road is a state or county road. Mr. Harris, the county surveyor stated it is a county road being designed and funded by the state. Mr. Grande wanted an explanation on the unification process from the county attorney. Ms. Young stated the issue was the rezoning could not be conditioned. The applicant has chosen to proceed and before they are allowed any development, the unification of title must be completed. They currently are working on this step. Mr. Sanders asked Mr. Harris about the additional right of way requirement of widening Midway Road. Mr. Harris stated yes but not how much. He asked the applicant to contact Florida Department of Transportation (FDOT), the right of way acquisition department. Planning and Zoning Commission June 21, 2012 Minutes 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 DRAFT Page 4 of 5 Mr. Currie of Land Design South representing the applicant stated staff did an excellent presentation. Mr. Galban is not the owner of the property; he is representing the contract purchaser of the property. The unity of title has been signed and ready to be recorded. Chair Morgan opened public hearing The following residents spoke against the petition: Dennis Crookston of 5004 Star Ave., Lonnie Williams of 5010 Lace Avenue., and Sherry Davis of 5018 Star Ave. cited problems with parking, noise of trucks, dead-end road, being too close to the residences, kids in the neighborhood, not getting rest at night. They don't want a towing company in the neighborhood. John Conway, Jr. of 392 East Midway Road stated for the record back in the 1940s and 1950s there has been truck and other vehicle traffic around that block. It is not something that just started happening. The road had traffic on it before most of these houses were built. This is not a sudden shock to them. Shane Glenn of 385 East Midway Road, owner of the business in the area in which the residents were talking about stated it is not clear what the business is going to be. that the applicant is trying to put in. He is not against this at all, the more businesses in the neighborhood is a good thing for property value. What he would like to see retained is the small town atmosphere. Mr. Currie addressed some of the concerns that were brought up by the residents. This is a rezone application; there is not a defined use of the property at this point. It is a rezoning to bring the site into a more compatible situation. The main business access will be off Midway Road and believe there would be little traffic impact to the neighborhood. Chair Morgan closed public hearing Some of the commission members had mixed emotions regarding the agenda item. It was mentioned again that this was a zone change only. The unity of title was discussed also consideration for the residents in the area and traffic. Mr. Grande motioned after considering the testimony presented during the public hearing including staff comments and the standards of review as set forth in section 11.06.03 of the St. Lucie LDC. I hereby move that the Planning and Zoning Commission recommend that the St. Lucie BOCC deny the application of Armando Galban for an amendment to the official zoning atlas to change the zoning from CO (Commercial, Office) to CG (Commercial, General) because he believes commercial general is inconsistent with the parcels to the south that are close to this property. Ms. Townsend seconded the motion. The roll was called: Chair Morgan No Mr. O'Dell No Mr. Culverhouse No Mr. Lounds Yes to deny Ms. Townsend Yes to deny Mr. Grande Yes to deny There was a 3-3 tie vote. Chair Morgan stated this will go forward to the BOCC with comments. Planning and Zoning Commission June 21, 2012 Minutes DRAFT 02i0 203 IV. DISCUSSION 204 Mr. Satterlee stated there will a meeting in July. 205 206 V. OTHER BUSINESS 207 None 208 209 V1. ADJOURN 210 There being no further business, the meeting adjourned at 7:07pm. Page 5 of 5 Planning and Zoning Commission June 21, 2012 Minutes ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA August 7, 2012 NOTICE OF PROPOSED ZONING DISTRICT CHANGE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following resolution: RESOLUTION NO. 12-020 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO CG (COMMERCIAL, GENERAL) ZONING DISTRICT FOR CERTAIN PROPERTY SITUATE IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: Armando Galban FILE NUMBER: RZ 420124421 LEGAL DESCRIPTION: LOTS 5, 6, 7, 8, 9, 10, 11 AND 12, LESS MIDWAY ROAD RIGHT-OF-WAY, AND ALL OF LOT 14, BLOCK 2, "CENTRAL WHITE CITY SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 63, ST. LUCIE. COUNTY, RECORDS, FLORIDA. SITE ACREAGE: .78 acres (more or less) PARCEL ID NUMBERS: 3403-804-0016-000/9 and 3403-804-0018-000/3 PURPROSE: A petition of Armando Galban for an amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General) for .78 acres of land located at the southwest corner of East Midway Road and Star Avenue. (INSERT LOCATION MAP) The Board of County Commissioners PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, August 7, 2012 beginning at 6:00 P.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at Form No. 07-08 the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2"d Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manger at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. 772/462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/TOD MOWERY, CHAIRMAN PUBLISH DATE: July 25, 2012 Form No. 07-08 Form No. 07-08 AGENDA REQUEST TO: PLANNING AND ZONING COMMISSION SUBMITTED BY: Planning and Development Services Department SUBJECT: Rezoning Request —Armando Galban BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. III-C DATE: 06/21/12 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( X ) CONSENT ( ) PRESENTED BY: Jeffrey Johnson Senior Planner RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for Resolution No. 12-020 approving an Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General). Cooroination/Sig natures p 7c a.w County Attorney (X) County Surveyor ( X) '4WI Daniel S. McIntyre Ron Harris County Engineer ( ) ERD (X) Michael Powley Karen Smith Originating Dept. (X) & rk M5 Mai k Satterlee Planning and Development Services Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning and Development Services Director Kara Wood, Planning Manager I[ FROM: Jeffrey Johnson, Senior Planner u DATE: June 21, 2012 SUBJECT: Re -Zoning Request —Armando Galban ITEM NO: III-C General Information Applicant/Property Owner: Agent for Applicant: Location: Parcel Size: Tax Identification Numbers: Current Zoning: Proposed Zoning: Future Land Use: Wetlands: Utilities: Armando Galban Land Design South of Florida, Inc. — Bradley Currie Southwest corner of East Midway Road and Star Avenue. +/-,078 acres 3403-804-0016-00019 and 3403-804-0018-000/3 CO (Commercial, Office) CG (Commercial, General) COM (Commercial) None Fort Pierce Utilities Authority Service Area Urban Services Boundary: Inside Resolution No. 12-020 RZ 420124421 June 21, 2012 Page 2 Surrounding Land Uses & Zoning: Direction Future Land Use Zoning Existing Land Use North COM (Commercial) CG (Commercial, General) and I Institutional PSL Church of Christ and Single Family Residence South COM (Commercial) CO (Commercial, Office) Single Family Residence East COM (Commercial) CG (Commercial, General) Auto Repair West COM (Commercial) CO (Commercial, Office) Single Family Residence Background The Planning and Development Services Department, Planning Division received a petition on April 12, 2012 from Armando Galban to amend the Official Zoning Atlas from the current CO (Commercial, Office) District to the CG (Commercial, General) District. The subject property is approximately 0.78 acres and is located on the southwest corner of East Midway Road and Star Avenue. The property is designated COM (Commercial) on the Future Land Use Map. The subject property consists of two parcels of land. One parcel is vacant and the other consists of a single family home. The Port St. Lucie Church of Christ and a single family residence are located to the north of the subject property. To the east is an auto repair business and to the south and west are single family residences. Standards of Review for an Amendment to the Official Zoning Atlas Section 11.06.03. of the St. Lucie County Land Development Code establishes the standards for reviewing amendments to the Official Zoning Atlas. In reviewing the application of a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning change is not in conflict with any provisions of the Land Development Code. Prior to any site development, a unity of title will be required to combine the two parcels into one lot that meets the minimum CG zoning district lot size and dimensional requirements stated in Section 7.04.00 of the Land Development Code. B. Whether the proposed amendment is consistent with alt elements of the St. Lucie County Comprehensive Plan; The proposed change to Commercial General is consistent with the St Lucie County Comprehensive Plan. The Future Land Use for the subject property is COM (Commercial). According to Section 11.09.02, Table 11-1, Land Use Category/Zoning District Compatibility Chart, the proposed CG (Commercial, General) zoning district is compatible with the Commercial land use designation. Resolution No.12-020 RZ 420124421 June 21, 2012 Page 3 The Comprehensive Plan supports the location of higher intensity commercial uses that are in close proximity to major intersections and at points of high transportation access. The subject property fronts Midway Road which is an arterial road and is approximately 500 feet from the intersection of US Highway No. 1 and Midway Road. Midway Road is scheduled to be widened to four lanes from Star Avenue westward to Interstate 95 in FY 2014. Policy 1.1.8.5 of the Comprehensive Plan requires that the Land Development Code be amended within one year of adoption of to include the following specific standards in determining the suitability of new property(s) for designation as Commercial General (CG) under the County's Land Development Code, New Commercial General property should have available to it at the time of any zoning change central water services, or have an executed agreement for the provision of central water services necessary for both domestic and fire protection purposes. Fort Pierce Utility Authority utilities are located approximately 1,000 feet from the subject property. An executed agreement for the provision of water and wastewater services will be required prior to commercial development. 2. New Commercial General (CG) property should not be located within 300 feet of any Aquatic Preserve or other specifically designated aquatic habitat or a Category I Wetland. There are no preserves, designated aquatic habitat or Category I Wetlands within 300 feet of the subject property. 3. New Commercial General (CG) area should have immediate access to the regional transportation network. The subject property fronts the Midway Road arterial which serves as a major east/west corridor and hurricane evacuation route. 4. New Commercial General (CG) property should have a minimum lot size of one acre, unless the property is being added to another existing commercially (general) zoned property. Although the property is less than one acre in size, it warrants a change in zoning to CG due to the fact that the surrounding area is transitioning into commercial general uses. The US Highway No. 1 and Midway intersection node lies 1/10 of a mile to the west which is zoned with high intensity commercial uses in all four quadrants. It should also be noted that the properties to the east and north are zoned CG. Furthermore, the property lies within the urban services boundary where there is a provision of public facilities and services. The property owner will be required to connect to water and sewer service prior to any commercial development. Resolution No. 12-020 RZ 420124421 June 21, 2012 Page 4 C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The intent of the CG zoning district is to provide and protect an environment suitable for a wide variety of uses intended to serve a population over a large market area. The proposed CG zoning is compatible with the Commercial Future Land Use designation that surrounds the entire property. Any future development or use of the property will require careful planning and site design to assure compatibility with the adjacent properties with particular attention given to the existing residential single family homes directly to the west and south of the subject property. D. Whether there have been any changed conditions that require an amendment; The properties in the immediate area are transitioning to more commercial general uses. With the recent change in zoning of the property to the east to from CO to CG, the proposed change will be more consistent with other zoning districts in the immediate area. Moreover, the Midway Road corridor is scheduled to be widened to four lanes in 2014, E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities. Site development approval for the project will require a concurrency test to assure that any additional demands on public facilities in this area are met or mitigated accordingly. Availability of water, sewer, and other public facilities must also be confirmed prior to development approval. F. Whether and the extent which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create significant impacts on the natural environment. As part of the next step in the development process, the applicant would be required to assess existing environmental conditions on the subject property and comply with St. Lucie County Land Development Code and St. Lucie County Comprehensive Plan requirements. G. Whether and the extent to which the proposed amendment would adversely affect property values in the area; The proposed zoning change is not anticipated to have an adverse impact on property values in the area. The proposed zoning would allow additional uses to be located on the property and may improve the value of the subject property. Resolution No.12-020 RZ 420124421 June 21,2012 Page 5 H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; To the extent that Midway Road east of US Highway is a mix of residential and nonresidential development, the proposed zoning change is consistent with the development pattern of the surrounding area. The subject property has frontage along Midway Road, which serves as a major east/west corridor and hurricane evacuation route. The properties to the north and east are currently zoned CG, Commercial, General and the property is surrounded by Commercial Future Land Use. 1. Whether the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and intent of this Code; and The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. I Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding this proposed amendment to the Official Zoning Atlas. Recommendation Forward a recommendation of approval to the Board of County Commissioners for Resolution No. 12-020 approving and Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General). Environmental Resources Department Final Report TO: Jeffrey Johnson, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Ben Balcer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: May 8, 2012 SUBJECT: Galban Rezoning RZ 420124421 Background The Environmental Resources Department (ERD) is in receipt of the April 12, 2012 Planning and Development Services' date -stamped submittal. The applicant requests approval to rezone the subject properties from Commercial Office (CO) to Commercial General (CG) to allow development of the subject properties in a manner more consistent with the neighborhood. Environmental Resources staff has completed a site visit and initial review. The 0.78 acre parcel is located at 387 Midway Road and 5001 Star Venue in Fort Pierce. The site consists of two vacant parcels and one parcel with a residential structure. Findings The proposed rezoning is not anticipated to result in adverse environmental impacts. If in the future, subdivision or other site development activities are proposed, the Environmental Resources Department will conduct further review through the site plan or building permit review process. Recommendation ERD staff supports the recommendation of approval of the Galban Rezoning application. ERD staff is available to answer questions or meet to help expedite the process. Please contact Ben Balcer at 772-462-2866 if you have any questions. ZONING DISTRICTS 3.01.03 b. Day care - adult. (8322) - child. (8351) C. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 - Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on -site security purposes. (999) C. Solar energy systems, subject to the requirements of Section 7.10.28. R. CO COMMERCIAL, OFFICE. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Communications - except towers. (48) d. Computer programming, data processing and other computer related services. (737) e. Contract construction services - office only. (15, 16, 17) I. Duplicating, mailing, commercial art/photography and stenographic services. (733) g. Engineering, accounting, research, management and related services. (87) h. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) i. Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67) j. Health services - except nursing homes and hospitals. (80) k. Membership organizations, except religious organizations. (86) St. Lucie County Land Development Code Supp. No. 3 3:23 Adopted August 1, 1990 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Miscellaneous business services: (1) Detective, guard and armored car services. (7381) (2) Security system services.(7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - misc.(7389) m. Personnel supply services. (736) D. Social services: (1) Individual and family social services. (832/839) (2) Job training and vocational rehabilitation services.(833) o. Travel agencies. (4724) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Child care services. (835) b. Television and radio transmitting towers. (999) C. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory use are subject to the requirements of Section 8.00,00 and include the following: a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) C. Solar energy systems, subject to the requirements of Section 7.10.28. S. CG COMMERCIAL, GENERAL. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following St. Lucie County Land Development Code Supp. No. 3 3:24 Adopted August 1., 1990 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 1. Miscellaneous business services: (1) Detective, guard and armored car services.(7381) (2) Security system services,(7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - mist. (7389) in. Personnel supply services.(736) n. Social services: (1) Individual and family social services. (832/839) (2) Job training and vocational rehabilitation services. (833) o. 1h-avel agencies. (4724) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Child care services. (835) b. Television and radio transmitting towers. (999) C. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory use are subject to the requirements of Section 8.00.00 and include the following: a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) C. Solar energy systems, subject to the requirements of Section 7.10.28. S. CG COMMERCIAL, GENERAL. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following St. Lucie County Land Development Code Supp. No. 3 3:24 Adopted August 1, 1990 ZONING DISTRICTS 3.01.03 each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors. (79) e. Apparel and accessory stores. (56) f. Automobile dealers. (55) g. Automotive rental, repairs and serv. (except body repairs). (751, 753, 754) h. Beauty and barber services. (723/724) i. Building materials, hardware and garden supply. (52) j. Cleaning services.(7349) k. Commercial printing. (999) 1. Communications - except towers. (48) in. Computer programming, data processing and other computer sere (737) n. Contract construction serv. (office and interior storage only). (15/16/17) o. Cultural activities and nature exhibitions. (999) p. Duplicating, mailing, commercial art/photo. and stenog. serv. (733) q. Eating places. (581) r. Educational services - except public schools. (82) S. Engineering, accounting, research, management and related services. (87) t. Equipment rental and leasing services. (735) U. Executive, legislative, and judicial functions. (91/92/93/94/95/96/97) V. Farm labor and management services. (076) W. Financial, insurance, and real estate. (60/61/62/63/64/65/67) X. Food stores. (54) y Funeral and crematory services. (726) Z. Gasoline service stations. (5541) an. General merchandise stores. (53) bb. Health services. (80) cc. Home furniture and furnishings. (57) St. Lucie County Land Development Code Supp. No. 3 3:25 Adopted August 1, 1990 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE del. Landscape and horticultural services. (078) ee. Laundry, cleaning and garment services. (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this Code. (86) gg. Miscellaneous retail (see SIC Code Major Group 59): (I) Drug stores. (591) (2) Used merchandise stores. (593) (3) Sporting goods. (5941) (4) Book and stationary. (5942/5943) (5) Jewelry. (5944) (6) Hobby, toy and games. (5945) (7) Camera and photographic supplies. (5946) (8) Gifts, novelty and souvenir. (5947) (9) Luggage and leather goods. (5948) (10) Fabric and mill products. (5949) (11) Catalog, mail order and direct selling. (5961/5963) (12) Liquefied petroleum gas. (propane). (5984) (13) Florists.(5992) (14) Tobacco.(5993) (15) News dealers/newsstands. (5994) (16) Optical goods. (5995) (17) Misc. retail (See SIC Code for specific uses). (5999) ldr. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services. (7291) (2) Misc. retail (See SIC Code for specific uses). (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services. (7381) (2) Security system services.(7382) (3) News syndicate. (7383) (4) Photofinishing laboratories.(7384) (5) Business services - misc.(7389) jj. Mobile home dealers. (527) kk. Mobile food vendors (eating places, fruits and vegetables -retail). (999) i 11. Motion pictures. (78) 1, mm. Motor vehicle parking - commercial parking and vehicle storage. (752) 1� St. Lucie County Land Development Code Supp. No. 3 3:26 Adopted August 1, 1990 ZONING DISTRICTS 3.01.03 no. Museums, galleries and gardens. (84) on. Personnel supply services. (736) pp. Photo finishing services. (7384) qq. Photographic services. (722) rr. Postal services. (43) ss. Recreation facilities. (999) tt. Repair services. (76) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social services: (1) Individual and family social services. (832/839) (2) Child care services. (835) (3) Job training and vocational rehabilitation services. (833) ww. Travel agencies.(4724) xx. Veterinary services. (074) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00, 5. Off -Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Adult establishments subject to requirements of Section 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) C. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) St. Lucie County Land Development Code Supp. No. 3 3:27 Adopted August 1, 1990 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE k. Retail trade: (1) Liquor stores. (592) 1. Stadiums, arenas, and race tracks. (794) in. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). d. Solar energy systems, subject to the requirements of Section 7.10.28. T. IL INDUSTRIAL, LIGHT. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Business services. (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23. (48) C. Construction services: (1) Building construction - general contractors. (1.5) (2) Other construction - general contractors. (16) (3) Construction - special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e. Commercial fishing. (091) f. Laundry, cleaning and garment services. (721) g. Local and suburban transit. (41) h. Manufacturing: (1) Food and kindred products.(20) St. Lucie County Land Development Code Supp. No. 3 3:28 Adopted August 1., 1990 TABLE 11-1 ST. LUCIE COUNTY ZONING DISTRICT / LAND USE CATEGORY COMPATIBILITY CHART ZONING LAND USE CATEGORY DISTRICT AG-5 AG-2.5 AG3 RE RS RU RM RH R/C CPUB COM IND P/F MXD? SD H TU TVC AG-5 X X X X X X X X X X X AG-2.5 X X X X X X X X X AG-1 X X X X X X X X X X X R/C - X X X X X X X - X X X X AR-1 X X X X X X RE-1 X X X X X X RE-2 X X X X X X RS-2 X X X X X X RS-3 X X X X x RS-4 - X X X X X RM-5 X X X X X RMH-5 X X X X X RM-7 X X X X RM-9 X X X X RM-11 X X X RM-15 X X X CN X1 X1 X X1 X1 X1 X1 X1 X X X1 CO X1 X1 X X1 X1 X1 X1 X1 X X X CG X X X X X IL X X X X X IH X X X X X IX X X X X X X X X X X X X X X U X X X X X X X X X X X X X X X X X X I X X X X X X X X X X X X X X X X X X RF X X X X X X X X X X X X X X X X X PCS X PUD X X X X X X X X X X X X X X X PNRD X X X X X X X X X X X X X X X X PMUD X X X X X X X X X X X X X X x PRW X PTV X HIRD X X X X X X. X X X X X RVP X X X CPUB I X X X X X X X X X X X X X X X X X Notes: 1 Limited to a maximum of ten acres per parcel as per. 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Midway Road and Star Avenue Existing Zoning CO (Commercial, Office) Future Land Use COM (Commercial) Recommended Action Board adoption of Resolution No. 12-020 approving an Amendment to the Official Zoning Atlas from CO to CG. L L! m. mi V#-ra I /; � I ` a of � i PUBLIC HEARING NOTICE TUESDAY, AUGUST 7, 2012 Amendment to the Official Zoning Atlas Public Hearing Description The applicant, Armando Galban is requesting an Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General) for 0.78 acres of land located at the southwest corner of E. Midway Road and Star Avenue. The subject property consists of two parcels. One parcel is vacant, and the other consists of a single family home. The properties in the vicinity are becoming more general commercial in nature. The proposed zoning change will be consistent with the properties to the north, east and west that are currently zoned CG. At the June 21, 2012 public hearing on this matter, the St. Lucie County Planning and Zoning Commission recommendation to the Board of County Commissioners resulted in a 3-3 tie vote. The St. Lucie County BOCC has the power to review and grant applications within their area of responsibility. The BOCC strongly encourages your input and comment at the public hearing. You may also mail, email or fax written comments in advance of the hearing for inclusion in the official record. Written comments to the BOCC should be received by the Planning & Development Services Dept. (PDS), Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring accommodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428. Further details are available in the PDS Dept., Planning Division - please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email johnsonj@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Public Hearing Date: June 21, 2012 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Armando Galban 1680 SW Bayshore Blvd. Port St. Lucie, FL 34984 Agent Bradley Currie 501 SE Port St. Lucie Blvd. Port St. Lucie, FL 34984 Property Location Southwest corner of E. Midway Road and Star Avenue Existing Zoning CO (Commercial, Office) Future Land Use COM (Commercial) Staff Recommendation Forward a recommendation of approval to the Board of County Commissioners for Resolution No. 12-020 approving an Amendment to the Official Zoning Atlas from CO to CG. `i xzsmrzun PUBLIC HEARING NOTICE THURSDAY, JUNE 21, 2012 Amendment to the Official Zoning Atlas Public Hearing Description The applicant, Armando Galban is requesting an Amendment to the Official Zoning Atlas from CO (Commercial, Office) to CG (Commercial, General) for approximately 0.78 acres of land located at the southwest corner of East Midway Road and Star Avenue. The subject property consists of two parcels. One parcel is vacant, and the other consists of a single family home. The properties in the vicinity are becoming more general commercial in nature. The proposed zoning change will be consistent with the properties to the north, east and west the are currently zoned CG (Commercial, General). The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the Board of County Commissioners for approval or disapproval, any applications within their area of responsibility. All interested persons will be given an opportunity to be heard. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department (PDS), Planning Division at least 3 days prior to the scheduled hearing. Further details are available in the PDS Department, Planning Division - please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email johnsonj@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 OwnerlLname OwnerlFname�AddressCity 222 Pearl St Lawrence State NY I IMaiorano ISerafino Conrad Jr !John 1392 E Midway Rd — Fort Pierce FIL PSL Church Of Christ Inc I, _ 1384 E Midway Rd tFort Pierce FL �Hadiaris Panagiotis 65 PO Box 120S4 Jacksonville NC Midway Commerical Park LLC Belle Meade Island Dr Miami _ FIL.,_,JI (Patterson - (Steven St Lucie Cty Classroom Teacher --�--01 R _ ;370 1371 Midway Rd Midway Rd Fort Pierce IFl- Fort Pierce FL !SBA Towers II LLC 5900 Broken Sound Pkwy NW Boca Raton FIL _ 1 Bland j W Shane 385 Midway Rd Fort Pierce !FL Bland W Shane 385 Midway Rd Fort Pierce FL I L Landry Conrad J 1 S 2nd Street K37 Fort Pierce F- James P Johnston St Fort Pierce FL ILatrimore Anthony i371Johnston Rd Fort PierceF j IDeGennaro Sh�akoor Petroleum Inc 11242 NW 46th Dr ICoral Springs FL CAI utozone Inc �15090 I#1232 Dept 8088 jMemphih s TTIN �1 j.atnar Inc I S US Highway 1 Sort Pierce !FL �DixsanInc :544SWBayshore Port StLucie !FL li Woods Family Limited Ptnr II 1 1,5303 Burlsey Ct T'Tampa ;Tampa �FIL Woods Family Limited Ptnr II 115303 Burlsey Ct —� !FL ,H D Midway Uc gler St 3636 West Fla _ Miami FL .Guthrie Realty LLC __— I i 13! 77 Old Marlboro Rd ,Concord � !MA t � ..! Bland William 385 E Midway Rd Fort Pierce 'FL J (Brown !Billy 1309 S 3rd St (Fort Pierce FL !Brown -i Billy _ 1309 S 3rd St � FL ! Dellacava Joseph A - 5010 Star Ave [Fort Pierce FL_� Watson iEarIC �501�Sta�Ave Fort Pierce F� 'P oaz s (Ramon 6753 NW 88th Ln T�ac IFL Folbrecht (TR) William T 1305 S 3rd St Fort Pierce _ jFL Melton A�C �5018StarrAve Fort Pierce IFL 1 Pinnacle Commercial 8600 IS IS nFL dian River Dr Fort Pierre �. iConrad (TR) IDrucille 392 Midway Rd IFort Pierce FL �—Property Conrad (TR) Drucille 1392 Midway Rd I Fort Pierce IFL�I Hery (HarryA 8600S Indian River Dr Fort Pierce FL _ Williams Lonnie 5010 Lace Ave Fort Pierce FL _ �- :Stone _ IBdan E - 11114 Percival St _I Fort Pierce �_ _ I Day ;Weston 15014 Lace Ave rM4 Fort Pierce FIL j !FL - !Cummings James P Indiana Ave Fort Pierce '.Wilson (LFEST) !KarenF 1364Traub Ave FortPierceIFi L 'FasnachtJr Grover ',5009Lace Ave ;Fort Pierce ,FIL Dixsan Inc '.544 SW Bayshore IPort StLucie IFL Jatnar Inc- .- _ 090 S US Highway 1 F PierceL -- Woods Family Limited Ptnr 11 15303 Burlsey Ct Tampa FIL Eichii Edward R _ 6106 Buchanan Dr Fort Pierce FL 'Eichin Edward R 16106 Buchanan Dr IFort Pierce FL l Tara Development of Palm Beach 148 Spyglass Ln (Jupiter FL Lane FAssociates 100 R.E., Inc. Design South of Florida, Inc. Roger L 1200 SE Duval Ave _ 11680 SW Bayshore Blvd #114 'I501 SE Port St Lucie Blvd (Port St Lucie Port St Lucie IPort St Lucie iFL FL�nd AFL Received BY ST. LUCIE COUNTY planning Divisior, Planning & Development Services Department APR 12 %017 Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982e Lucia otttlt�r Office: 772-462-2822 — Fax: 772-462-1581 hftp://www.stiucieco.orq/l)lanning/i)lanning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Tvpe rcheck each that applies Site Plan Rezoning' ❑ Major Site Plan xi Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ° ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Design ation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements e ❑ Appeal of Decision by Administrative Official10 Application Supplement Packages 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements 3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised June 21, 2010 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Rezoning (straight rezoning) Supplemental Application Package No.: 3 (Please provide separate fee calculation worksheet for each application type) n BASE REVIEW FEE: m CONCURRENCYFEE: n ERD REVIEW FEE: ®' UTILITIES - ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: L4 PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: 101097 Date of Pre App: 02/16/12 $ 2,250.00 (A) $ 50.00 (B) $ 150.00 (C) $ 50.00 $ (D) $ (E) $ 2,500.00 $( 250.00 ) deduction BALANCE OF FEES DUE: $ 2, 250.00 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a V party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3' party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be re uired pri r tQo roje t approval. Pre -Application Meeting Request I Applicant Name (Printed) Signature of applicant (For office use only) INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE I ) File Number: ) `,L _ 2_ �1 ��'— FJ Page 2 of 6 Revised August 11, 2011 DATE DATE // 6 Receipt Number: Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: IM Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ® Aerial Photograph — property outlined (available from Property Appraiser's office RI Property Deed ® Legal description, in MS Word format, of subject property El Property Tax Map — property outlined (electronic copy not required) M Survey ® 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) M Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5,08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24" 06" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey — Signed and Sealed (12 originals) ❑ Topographic Survey — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised August 11, 2011 Project Information Project Name: Galban Rezoning Site address: 387 Midway Road and 5001 Star Venue Parcel ID Number(S): 3403-804-0018-000-3 and 3403-804-0016-000-9 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) LOTS 5, 6, 7, 8, 9, 10, 11 AND 12, LESS MIDWAY ROAD RIGHT-OF-WAY, AND ALL OF LOT 14, BLOCK 2, "CENTRAL WHITE CITY SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 63, ST. LUCIE COUNTY, RECORDS, FLORIDA. Property location—Section/Township/Range: Section 3,Township 36S,Range 40E Property size —acres: 0.78 Square footage: 33,976.80 Future Land Use Designation: commercial (COM) Zoning District: Commercial Office (CO) Description of project: (Attach additional sheets if necessary) Applicant is requesting to rezone the subject properties from Commercial Office (CO) to Commercial General (CG) to allow development of the subject properties in a manner more consistent with the neighborhood. Type of construction (check all applicable boxes): IN Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised August 11, 2011 1,170 Proposed: 1,170 Proposed: Proposed: Proposed: SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Business Name: Associates 100 R.E. , Inc Name: Address: Armando V. Galban Agent Information: Business Name: Land Design South of Florida, Inc Name: Bradley J. Currie 1680 SW Bayshore Blvd. #114 I I Address: 501 SE Port St.Lucie Blvd. Port St.Lucie, FL 34984 (Please use an address that can accept overnight packages) Phone: 954-444-8713 Fax: 772-785-5991 Email Port St.Lucie, FL 34984 (Please use an address that can accept overnight packages) Phone: 772-924-2602 Fax: 561-478-5012 associates100rea@bellsouth.net I I Email: bcurrie@landdesignsouth.com Please note: both applicant and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. , Property owner Signature Mailing Address: 3 Qt t�L-72Lc J�2�1CiLLL �"'operty Owner Name (Pnnte Phone: / 1112 _ If more than one owner, please submit additional pages STATE OF T L , COUNTY OF c ' lC L ll The foregoing instrument was acknowledged before me this aLlih day of ' l [ 11-61) , 20 2 who is personally known to me or who has produced as identification. t 4 . L�G(S-l10.vv Type or Print Name of Notary SC(vr��er f C',)-(,IB--Commission Number (Seal) Page 5 of 6 Revised August 11, 2011 am GLORIA BRADSHAW Public -State of Floridam. Expires Sep 10, 2012mission # DD 821474Through Nallonal Natarygsan. Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePin. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existing Cond. pdf Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Mi"Plat.doc Mobile Home Plans PDF or Word M. df or MobileHome.doc PavingPlan PDF Pa Permit External PDF Pe Plat PDF Plat.docPro ert Deed PDF DSite Plan PDF Si Traffic Impact Report PDF or Word TIR. pdf or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utiliity Plan PDF Utiliit . df Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised August 11, 2011 larr" { Nvisio�' Refer to St Lucie County Land Development Code APR Supplement 3 st.. G,ucie 44L6Y1L_ , pp 4tlas Application Supplement (LDC) Section 11.06.00 for details Current Zoning: Commercial Office (CO) Current Future Land Use: Commercial (COM) Proposed Zoning: Commercial General (CG) Acreage of the area to be rezoned: 0.806 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. See Justification Statement 2. Please give a statement describing any changed conditions that would justify a rezoning: See Justification Statement 3. Please state why there is a need for the proposed rezoning: See Justification Statement 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: See Justification Statement 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; See Justification Statement Page 1 of 2 Revised: May 27, 2010 Supplement 3 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; See Justification Statement C) Affects the natural environment; (If no adverse impacts expected, please state why.) See Justification Statement D) Will result in an orderly and logical development pattern; See Justification Statement E) Will adversely affect the property values in the area; See Justification Statement 6. Please explain the applicant's interest in the subject property; See Justification Statement 7. Please include such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. See Justification Statement Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all land owners, giving their consent to the filing of this applicatialline on and supplement. e ZL- Applican or Agent Name (Printed) Signature Page 2 of 2 Revised: May 27, 2010 JOSEPH E. SMITP CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3545137 R BOOK 3255 PAGE 1831, Recorded 12/ '2010 at 09:33 AM PERSONAL REPRESENTATIVE'S RELEASE AND CERTIFICATE OF DISTRIBUTION OF REAL PROPERTY (single individual personal representative) ddress is 39i I wa Road, Fort as personal repre ea tive of the t that the al property 1?5ofed in SLucre Co , Flor'da, owr by the decedent at the time of death, described as follows: Received By Planning Divisions (APR 12 ?W 8t. Lucie County CENTRAL W BITE CITY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 404, at Page 2616, of the Public Records of St. Lucie County, Florida; Block 2, lots 5, 6, 7, & 8 (0.31 acres) - Parcel being I.D. 3403-804-0016-000/9 and Block 2, lots 9, 10, 11 & 12, less RD R/ W & All lot 14 (0.47 acres) Parcel being S.D. 3403-804-0018-000/3. Property Appraisers Parcel Identification Number 3403-804-0016-000-9 and 3403-804-0018-000-3 (tlre' operty" ), veate in D le V_Con , who post office ad s is 92 Mi ay oad, Fo Florida law wil more fully a pea froj6ol=8(FM),sub=jec he roce 'ngs n the Ci uit Co for St. ty, Florida, Pr at Division, in ile o. Srot Ilights of 'A— P,.t; . nx �n7 a74e Floridaate to: 2. use, sell, encumber or otherwise exercise control over the Property: a. for the payment of devises, family allowance, elective share, estate and inheritance taxes, claims, charges, and expenses of the administration and obligations of the decedent's estate; b. to enforce contribution and equalize advancement; C. for distribution. 00 OR BOOK 32bb PAGE 1U3L Having determined that the Property is not needed for any of the foregoing purposes, except distribution, and that the Property should be released and distributed to the Beneficiary, the personal representative hereby releases the Property from all rights and powers of the personal representative and acknowledges that the Property is vested in Drucille V. Conrad free of all rights of the personal the has executed ti in the presence Bruce R. em y, Jr. jq 4J,.. Arock STATE OF FLORIDA This instrument prepared by: Bruce R. Abernethy, Jr. Attorney at Law 500 Virginia Avenue, Suite 202 Fort Pierce, Florida, 34982 Drucille V. Conrad As personal representative of the estate of Bethanne Marie Fillman, deceased JAN' L. 6ROCK fcmnrs=ichDO 6904 v, 2011 Fspirw Fsraenx:-:�:; belc 10 VE AND 1'O HOL JOSEpg PILE:g 3549,945 CL Doe Tax' $07p R BOOKO 259E CIRCUIT CO UtIT PAGE 1971, Rae- ordedN01/tr^I20 COONTY 09; 34 11 Ald Prepared by and return to: Bruce R. Abe plan 1n1r)g dl �Y So BNvtR Abem ny' c PA ntng DfvisiQl� Fott pi el Ave., Suite 202 rr�� cr q Parcel l.D. No; ,FL 34982 �r� 2426-706- 2426,706- 0067-D00-g49 3403-804'16-000-1 03-Rnw e�"OOOA f Glit.`f'L Fu'iryul%�' 0 0 D T111s wA a "tarried RRANTybEE hers", d adult, hereinaft� is given thn� and anytrustin trust, "nd referred t° as dal' of December, ts by and diauthorityfile IG 8 ° (prom con", to as et Post office adddress i Mug ruo �d V onc10 ade Trusteer Conrad, 689. Pose °f the real e, and Grantee" 392 Mid etnh 071 Florida S to sell, or to lease, The Grantee } Road, Fo r9 2001, wa Statutes Y here' ...... or to encume shall have fall „� Picrce, opers 'naa _ id ;e n A11'D D, the saint, and apputtenan,es thereto of said land Grantor here n fee simple for e ei said Ian m fee sire le; by coven ever. ccrms f all de Son Y warr nts the at the Gt ethasigo th said Grantee that nri sub, it, owhomsoever; and th said and a od gd �a'td lawful e Grey to s is awfully seized autho ECE ell and ER 31, 09 t d land is free of alldenc sa ' against he convey ances, exce EDPt taxes OR BOOK 3259 PAGE 1972 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in the p nee o . W the s Sign me Pn to Name: ruce R. be ethy, Jr. W' ess Signature Printed Name: Jane L. Brock STATE OF FLORIDA COUNTY OF ST. LUCIE I hereb certify that on this da b and to acknowle g ents, p onally a pers n d an w ex e me tha she execut d t e s me Said per lic ns as identification. Witness my handkd ficial seal Dc mb 2010. /1 i Address me, an officer duly authorized to administer oaths aforesaid Not `y Public — State Florida at Large Printed Name: Notary Stamp/Seal: JARS 1. MU" rbmrs ac DD 62?504 crpin•e,obvm 12, 2011 day of OR BOOK 32b9 'OE EXHIBIT "A" LEGAL DESCRIPTIONS unnr`PI I. PARCEL 2: Apartment 520-B, PHASE IV, HIGH POINT OF FT. PIERCE CONDOMINIUM, SECTION 11, according to the Declaration of Condominium thereof recorded in Official Records Book 304, Pages 1396 through 1508, of the Public Records of St. Lucie County, Florida, as such Declaration may have been amended by any amendments thereto hereto filed in the Public Records of St. Lucie County, Florida, including but not limited to any amendment to add the aforesaid phase to the Condominium (if such phase be other than Phase I thereof). Parcel I.D. 2426-706-0066-000-1 P C 3: C NT L WHITE CIT S BDIVISION ac or1�0; t ere o)B14'k,2 3rd in Plat Bo k 4, at Page 2616, o th Public Rec ds f S, Florid,1 is 5, 6,7, & 0.3 acres) a ck , l0 9, 1Q, & , lll lot 1re Parcel LD-.-3403-tM4-uu1 o-uuv-y Parcel J.D. 3403-804-0018-000-3 00 D JOSEPH E. SMITN CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE it 2545137 R BOOK 3255 PAGE 1831, Recorded 12/ 2010 at 09:33 AM Deceived By Planning Division APR . 2, 2012 PERSONAL REPRESENTATIVE'S RELEASE AND CERTIFICATE OF DISTRIBUTION OF REAL PROPERTY (single individual personal representative) address is A'92 i I wa Road, Fort , as personal repre en tive of the e that the al property log ed in Lucie Co , Flor'da, owe by the decedent at the time of death, described as follows: CENTRAL WHITE CITY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 404, at Page 2616, of the Public Records of St. Lucie County, Florida; Block 2, lots 5, 6, 7, & 8 (0.31 acres) - Parcel being I.D. 3403-804-0016-000/9 and Block 2, lots 9, 10, 11 & 12, less RD R/ W & All lot 14 (0.47 acres) Parcel being I.D. 3403-804-0018-000/3. Lucie County Property Appraiser's Parcel Identification Number 3403-804-0016-000-9 and 3403-804-0018-000-3 (the' operty�' ), veate inn le V. Cc ,who post office ad s is 92 Mi ay oad, Fo n;yG xf,..;d� aa�A71 uP fir ration f l was of e too a ce4&t-4,6eatf to Florida law a wd more fully a Pe from the rote ngs n the Ci uit'Co for St. unty,Florida,Pr at Division,in ile o. 56 oI 8(FM),subjec tot erights of 71 of the Florida ate to: 2, use, sell, encumber or otherwise exercise control over the Property: a. for the payment of devises, family allowance, elective share, estate and inheritance taxes, claims, charges, and expenses of the administration and obligations of the decedent's estate; b. to enforce contribution and equalize advancement; c. for distribution. LOTS 5, 6, 7, 8, 9, 10, 11 AND 12, LESS MIDWAY ROAD RIGHT-OF-WAY, AND ALL OF LOT 14, BLOCK 2, "CENTRAL WHITE CITY SUBDIVISION', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 63, ST. LUCIE COUNTY, RECORDS, FLORIDA. Received ny Planning Division APR 12 2W St. Lucie County L , , 4CI C 12 S w » § ) L \B'80c +� ! a � . | 2 � \ B«z« o E gJ71 G! 2 e R<e . 3 GM Bg 3 e . G ~ ~ � � » BE ( \ m qL mr G )7;\ 3QN3AV NVIS ` \\({ GL om \3§2 cn co \ C.1 CD \/\ k ga m1 / LU :p > - \» 2 2 % 9 _ 6 - G CD 2 C ^ CD� =G . e z 3nN3AV3QV- e 0% m Fi92 \be ® co CD ® mnon (0 ` LAND Planning DESIGN Landscape Architecture Environmental Transportation SOUTHGraphic Design www.Ianddestgnsouth.com Planning Division JUSTIFICATION STATEMENT APR Request for Rezoning, 2 2012 +/-0.806 Acre St. Lucie County Property Pre -Application Meeting: February 16, 2012 St. Lucie County Request The purpose of this request is for a change in zoning from CO (Commercial, Office) to CG (Commercial, General). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a change in zoning to CG (Commercial, General). The subject property is comprised of two parcels located on the south side of Midway Road and east of US 1 in unincorporated. St. Lucie County, Florida. The property addresses are 5001 Star Avenue and 387 Midway Road. The subject properties can be identified by the following Parcel IDs: 3403-804-0018-000-3 and 3403-804-0016-000-9. The two parcels total .806 acres. The property has an underlying Future Land Use of COM (Commercial) and a Zoning designation of CO (Commercial, Office). Property History & Site Characteristics The 0.806 acre subject site currently consists of two (2) parcels. The subject property is located south of Midway Road, the east side of Starr Avenue. To the north of the subject property, across Midway Road, is the PSL Church of Christ. To the west of the subject property is what appears to be a vacant single family home. To the east of the subject property, across Starr Avenue, is an existing automobile repair facility. To the south of the subject site is also a Single Family Residential home. The current use of the property is a vacant lot and a vacant home. Rezoning Standards This proposal meets the following requirements set forth in Section 11.06.00 of the St. Lucie County, Land Development Code, for Rezoning Approval. In addition the proposed amendment is consistent for the following requirements from the Rezoning Supplemental Application 3. 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC; The proposed CG (Commercial General) is compatible with the underlying COM (Commercial) Future Land Use designation. Any development will comply with the St. Lucie County Land Development Code, CG. 2. Please give a statement describing any changed conditions that would justify a rezoning; The properties in the immediate areas are becoming more commercial general in nature . With the recent change in zoning of the property to the east, the proposed change will be more consistent with other zoning districts in the immediate area. 3. Please state why there is a need for the proposed rezoning: The applicant is seeking the rezoning to CG to allow uses that are more compatible with the CG zoning on the surrounding properties. The applicant request the CG zoning to allow for greater flexibility in marketing the property to a potential user. 4. Please state whether the proposed amendment is consistent with the St. Lucie County Comprehensive Plan; 400 Columbia Drive, Suite 1 10 West Palm Beach Florida 33409 1 (561) 478-8501 501 SE Port St. Lucie Boulevard Port St. Lucie Florida 34984 1 (772) 871-7778 The proposed amendment is consistent with the St. Lucie County Comprehensive Plan. The proposed zoning of CG is allowed within the Commercial Future Land Use designation and is therefore consistent with the Comprehensive plan. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing The proposed zoning is not inconsistent with the proposed and existing land uses in the immediate area. The CG zoning exists directly to the west and north of the subject property. Existing Use FLU Zoning North Church COM I/CG South Single Family Residential COM CO East Automobile Repar COM CG [west Single Family Residential COM CO B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; The proposed rezoning will not create an increased demand on public facilities. The property could be developed as intensely with the existing zoning as it could with the zoning being requested. C) Affects the natural environment; (If no adverse impacts expected, please state why) The proposed change to a commercial use will have no adverse impacts on the environment The subject property has the ability to be developed under its existing zoning classification. The act of rezoning will not create an environmental impact. The exact impacts will be determined at the time of site plan approval. D) Will result in an orderly and logical development pattern; The proposed development is consistent with the commercial development patterns to the north and east. It will be consistent with the existing zoning to the north and east. Additionally, the proposed CG zoning is consistent with the underlying Land Use designations of the surrounding properties to the north, south, east and west. The subject property has frontage along Midway Road. Midway road is one of five (5) roadways that connect US 1 to I-95. The subject property is located one (1) clock east of the intersection of US I and Midway Road Properties exist in the immediate areas that have the CG zoning district being requested by the application of this project. It would appear the request for CG zoning would indeed be in harmony with the purpose and interest of the Land Development Code and would NOT be in conflict with the public interest. E) Will adversely affect the property values in the area: The proposed rezoning will not have an impact on property values in the immediate area. Properties to the north, east, and west of the subject property have the same zoning category 0.806 AC. Rezone Page 2 of 3 April 12, 2012 as that being requested by the applicant. If those zoning districts did not adversely affect the property values in the area it is not expected that if approved that this application would do SO. 6. Please explain the applicant's interest in the subject property; The applicant is the contract purchaser of the subject property. He is seeking the rezoning in order to increase the option forproposed users on the subject property. 7. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. There are no additional matters that may be deemed appropriate to the Planning and Zoning Commissioner or the Board of County Commissioners. Based on the above information, the applicant requests for approval of the proposed rezoning to CG, located in St. Lucie County. The applicant is requesting a change in zoning that will provide consistency with tite surrounding properties. The proposed change in zoning will create an orderly development pattern to the area. Based on the above and attached information, the Petitioner respectfully requests approval of the proposed rezoning. \\\Vpb-dcl\projectfiles\1870\1890.1 - Midway Road Pmp\LDS DocumentslSubmival DocumentsVustification Sanameng2M-04-12_Rezoning Justification Statement_1890.1 doc +/- 0.806 AC. Rezone Page 3 of 3 April 12, 2012