Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09/22/2015 (2)
BOARD OF COUNTY COMMISSIONERS ER INDIAN RIVER COUNTY, FLORIDA a� COMMISSION AGENDA TUESDAY, SEPTEMBER 22, 2015 - 9:00 A.M. Commission Chambers Indian River County Administration Complex ORIV 180127 1h Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S.Davis, Chairman District 1 Joseph A.Baird,County Administrator { Bob Solari,Vice Chairman District 5 Dylan Reingold, County Attorney j Joseph E.Flescher District 2 Jeffrey R. Smith, Clerk of the Circuit Peter D.O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Reverend Shelly Satran, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating October 4 through October 10, 2015 as Mental Illness Awareness Week in Indian River County, Florida 1 B. Presentation of Proclamation Designating the Month of October, 2015, as - -Domestic Domestic Violence- Awareness Month 2 ----------- --------------- --------------------------------------------------------------------------------------- C. Presentation of Proclamation Designating the Month of October, 2015, as National Arts-and-Humanities Month 3 ------------------ ---- ------------------------------------------------------------------------------------------- September 22,2015 Page 1 of 8 5. PROCLAMATIONS and PRESENTATIONS PAGE D. Presentation of Proclamation Designating September 22, 2015, as National Voter Registration Day 4 -------------------------------------------------------------------------------------------------------------------- E. Presentation of Proclamation Designating the Month of October, 2015, as Indian River County Family History Month 5 F. Presentation of Proclamation Observing September 26, 2015 as Margo - - Donadio Memorial- - - Fire Girls- -5K-and World---H-eart -Da6 ----------- --------- -- ----- ---- - --- ------------- ---- -----y---------------------------------------------- G. Presentation on FPL Care to Share by Louis Gonzalez, FPL Special Consumer Services Manager and Dianne Verner, FPL Special Consumer _Services East Area Manager-------------------------------------------------------------------------- 7- H. Presentation by Solid Waste Disposal District of Upcoming Recycling & Solid Waste Changes (memorandum_dated September 16, 2015) 8 ----------------------------------------------------------------------------------- I i 6. APPROVAL OF MINUTES None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Comparison of Water and Sewer Rates for Seven AAA Bond Rated Utilities (memorandum_dated September 14, 2015) 9-10 B. MPO Transportation Plan Public Workshops 11 -------------------------------------------------------------------------------------------------------------------- 8. CONSENT AGENDA A. Approval of Warrants— September 3, 2015 to September 10, 2015 -(memorandum dated September 10, 2015) 12-17 ------------------------------------------------------------------------------------ B. Renewal of Concessionaire Contract No. 252 with Florida Fish and Wildlife Conservation Commission for the Indian River County Public Shooting Range (memorandum_dated September 16, 2015) 18.19 C. Authorization to Attend Public Trust Advisors Seminar (memorandum dated September 11, 2015) 20.24 D. Update on Disposal of Tax Collector Vehicle—2008 Jeep Liberty (memorandum dated September_16, 2015)--------------------------------------------------- 25.26 September 22,2015 Page 2 of 8 I 8. CONSENT AGENDA PAGE i E. Miscellaneous Budget Amendment 025 (memorandum_dated September_16, 2015)___________________________________________________ 27.31 F. Miscellaneous Budget Amendment 026 (memorandum_dated September 15, 2015) 32-35 G. Approval of Sealed Bid Sale of 2605 53rd Avenue (Bid #2015033) (memorandum dated September 15, 2015) 36-42 H. Approval of Sealed Bid Sale of 5940 26th Street (memorandum_dated September_14, 2015)--------------------------------------------------- 43-51_ I. Authorize County Administrator to Execute an Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policy (memorandum_dated September 15, 2015) 52-59 ------------------------------------------------------------------------------------ J. Second Amendment to Elevated Water Tank Space License Agreement with New Cingular Wireless PCS, LLC (memorandum_dated September 14, 2015) 60.85 K. Approval of Work Authorization No. 2015-002 to Replace Corroded Galvanized Water Main and Water Services in Vista Royale, Phase 2 UCP #4120 _(memorandum dated September 16, 2015) 86-89 L. Authorize County Administrator to Execute the B1ueMedicare Group Master Agreement (memorandum dated September 15, 2015) 90-110 M. Amendment No. 1 to Work Order No. 1 for Masteller & Moler, Inc., 49th Street/US1 Intersection Improvements, IRC Project No. 1412 (memorandum_dated September_32_2015)____________________________________________________111-114 N. Indian River County Intergenerational Recreation Facility at South County Regional Park—FPL Easement, IRC Project No. 1135 (memorandum_dated September_82_2015)____________________________________________________115-118 O. Rachel's Storage, LLC's Request for Release of Easements at 11650 and 11660 Hewlett Drive (Sebastian Grove Estates Subdivision) (memorandum dated_September_14, 2015)__________________________________________________119-124 P. Amy Honey's Request for Partial Release of an Easement at 1415 Sunset Point Lane (Sunset Point Subdivision) _(memorandum_dated September 14, 2015) 125.131 September 22,2015 Page 3 of 8 i� 8. CONSENT AGENDA PAGE Q. Developer Request for Additional 2-Year Extension to Construct Required Sidewalk Improvements (memorandum dated September_15, 2015)--------------------------------------------------132-133 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff Deryl Loar: Request to Discuss Expenditure from the Criminal and Sex Offender Registrant Fee Account (letter dated September 15, 2015)__________________________________________________________________ 134 f 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Gregory and Susanne Zaino's Request for Abandonment of Right- of-Way for a 10' Wide Alley Running from 1291h Avenue to 129th Court and Lying Between Lots 1-3 and Lots 4-5, Block 2 of the Tropical Village Estates Subdivision (memorandum dated September 10,_2015)_______________________________________135_143 Legislative 2. Orchid Quay, LLC; Request to Rezone ± 41.95 Acres Located East of US #1 and North of 82nd Street from CG, General Commercial District, to OCR, Office, Commercial, Residential District (memorandum-dated September 8, 2015------------------------------------------144-172 Quasi Judicial 3. Consideration of Proposed Parking Regulations for Vacation Rentals ("Ordinance I"); Amending Land Development Regulations Chapters 901 (Definitions), 911 (Zoning), and 912 (Single-Family Development) (memorandum dated August 312-2-01-5) 173-213 Legislative 4. Commercial Event Ordinance _(memorandum_dated-September-14,-201 5)_____________________________________ 214-222 Legislative 5. Consideration to Adopt Amendments to County Sea Turtle Protection Lighting Regulations (Land Development Regulations Section 901.03, Definitions, and Section 932.09, Sea Turtle Protection) (meemomoranduum-- -- ---dated------September-- --- --11---- '-2015)- -- ---------------------------------------223-22557-- . Legislative September 22,2015 Page 4 of 8 10. PUBLIC ITEMS PAGE B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Patricia Hunt Regarding Public Awareness, --Advocacy------------------------------------------------------------------------------------25-8-- C. PUBLIC NOTICE ITEMS �I None 11. COUNTY ADMINISTRATOR MATTERS A. Florida Association of Counties Ethics Training (memorandum_dated Sept---------------------------------------------------------------------------------- ember 10, 2015) 259-262 12. DEPARTMENTAL MATTERS A. Community Development 1. Condemnation, Demolition and Removal of Unsafe Structure Located at 2 Sunset Drive in the River Edge Subdivision _(memorandum_dated September_8,_2015)_______________________________________ 263-274 I B. Emergency Services None C. General Services None 1. Human Services None 2. Sandridge Golf Club None 3. Recreation None September 22,2015 Page 5 of 8 12. DEPARTMENTAL MATTERS PAGE D. Human Resources None E. Office of Management and Budtet None i� F. Public Works 1. 6 I Street and 61" Avenue — Pine Tree Park Subdivision — Staff Follow-up Regarding Traffic Related Comments Made by Joel Molinari, Jr. at BCC Meeting on 08-18-2015 (memorandum_dated September_16, 2015)------------------------------------- 275-276 . G. Utilities Services 1. Upper Floridan Aquifer Modeling and Consumptive Use Permit Modification (memorandum dated June 25, 2015) 277-287 13. COUNTY ATTORNEY MATTERS None 14. COMMISSIONERS MATTERS I A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari,Vice Chairman 1. Bicycle Safe 66th Avenue (memorandum_dated September 16, 2015) 288-292_ C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Bryan None September 22,2015 Page 6 of 8 14. COMMISSIONERS MATTERS PAGE E. Commissioner Tim Zorc 1. Indian River Lagoon Council Update (memorandum_dated September-11, 2015)____________________________________________293 2. FPL Care to Share Program (memorandum dated September 11, 2015) 294 ------------------------------------------------------------------------- 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. September 22,2015 Page 7 of 8 The full agenda is available on line at the Indian River County Website at www.irc og v.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 .m. i 'I i September 22,2015 Page 8 of 8 PROCLAMATION i DESIGNATING OCTOBER 4 THROUGH OCTOBER 10, 20159 AS MENTAL ILLNESS AWARENESS WEEK IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, serious mental illness such as major depression, bipolar disorder, schizophrenia, obsessive-compulsive disorder, severe anxiety disorders, borderline personality disorder, and post-traumatic stress disorders affect one in every four people annually; and WHEREAS, serious mental illness is a highly treatable medical illness of the brain posing the same concern as cancer, heart disease, diabetes and other illnesses; and WHEREAS, scientific research is producing tremendous breakthroughs g s in the ' understanding of mental illness, resulting in more effective treatments to allow people to reclaim full and productive lives; and I WHEREAS, misunderstandings exist about mental illness, and social culture often wrongly imposes a stigma on mental illness. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board does hereby designate the week of October 4 through October 10, 2015, as MENTAL ILLNESS AWARENESS WEEK IN INDIAN RIVER COUNTY to increase public awareness of mental illness and to promote treatment and recovery. Adopted this 221h day of September, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA :4Wesle�SD�avis, �haian ��..� B olari, Vice Chai n Peter D. O'Bryan 9 t seph E Flescher Timbre 1 I .n PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2015, AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, each day in America four women are murdered by their intimate partners; and WHEREAS, every 60 seconds in America four women are abused by their intimate partners; and WHEREAS, one-third of ALL American women report being physically or sexually abused by a husband or boyfriend sometime during their lives, and WHEREAS, National Domestic Violence Awareness Month provides all Americans the opportunity to recommit to ensuring that every relationship be violence free, and WHEREAS, all domestic violence victims deserve a safe place where they can live with respect, resources, restoration, and justice; and WHEREAS, in Indian River County, SafeSpace, Inc joins forces with law enforcement, victim service programs, criminal justice officials, social service organizations, and concerned citizens throughout the County to fight domestic violence; and I WHEREAS, together, _their commitment and compassion help to ensure that our community steps forward to lend a hand to domestic violence victims in need. i NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the Board recognizes and honors the month of October, 2015, as Domestic Violence Awareness Month, and furthermore, expresses our sincere appreciation for those committed to promoting peace and preventing domestic violence in our community. Adopted this 22nd day of September, 2015 BOARD OF COUNTY COMMISSIONERS, INDI N RIVER COUNTY, FLORIDA Wesley S Davi hairman Bob lari, Vice ChairmaF 14 Peter D. O'Brya cz 1 F✓`her Tim 4 c-/ i� 2 PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2015, AS NATIONAL ARTS AND HUMANITIES MONTH WHEREAS, in this complicated world and in these challenging times, the anis and humanities enhance the character of our Nation, and WHEREAS, a flash of insight that comes from watching a thought-provoking documentary or discovering a compelling novel sparks moments of joy, awe, and sorrow,- and, WHEREAS, from symphonies that bring tragedy to life with long bow strokes, to architecture that challenges the boundaries of the world around it, these works add texture to our lives and reveal, somethina about ourselves; and, WHEREAS, during National Arts and Humanities Month, we reflect on the many ways the arts and humanities have contributed to the fabric of our society; and WHEREAS, our Nation is built on the freedom of expression, and we rely on the arts and humanities to broaden our views and remind us of the truths that connect us; and WHEREAS, by capturing our greatest hopes and deepest fears, the arts and humanities play an important role in telling our country's story and broadening our understanding of the world, and WHEREAS, to meet the challenges ahead, we must harness the skill and ingenuity of our children and grandchildren, and instill in them the same passion and persistence that has driven centuries of progress and innovation, and WHEREAS, the arts and humanities provide important opportunities for our young people to unleash their creativity and reach for new heights NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2015, be designated as National Arts and Humanities Month in Indian River County, and the Board encourages all citizens to celebrate and promote the arts and culture in our Nation and to specifically encourage the greater participation by those said citizens in taking action for the arts and humanities in our community. Adopted this 20th day of October, 2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA esleS Davis, 6airman y Bob-Solari, Vie Chairman Peter D O'Bryan , Joseph Flescher Tim Zorc 3 i I F0 I R'%P L T-I A 0 WAR DESIGNATING SEPTEMBER 22, 2015, AS National Voter Registration Day WHEREAS, September 22, 2015 will be recognized as National Voter Registration Day; and i WHEREAS, National Voter Registration Day was started in 2012 for the presidential election and was designed to create an annual movement where the entire nation focusses on registering Americans to exercise our most basic right — the right to vote; and I WHEREAS, National Voter Registration Day seeks to encourage eligible citizens to register to vote through community voter registration activities so they are eligible to participate in the decisions that choose our representation and shape the policies of our government; and WHEREAS, National Voter Registration Day involves a network of grassroots, local organizations engaged in their own community operating on the ground and through social media with the goal of registering tens of thousands of voters in the field and tens of thousands more online; and I WHEREAS, the ability to freely cast a ballot and vote is fundamental to a healthy civic life, and registering to vote is a prerequisite to exercise that right; and WHEREAS, this single day of coordinated field, technology and media efforts will create pervasive awareness of voter registration opportunities, reaching voters who might not be reached otherwise. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that September 22, 2015, be designated as "National Voter r Registration Day" in Indian River County and the Board encourages all citizens to register to vote and take part in activities designed to promote greater participation in the electoral process. Adopted this 22nd day of September, 2015. BOARD OF COUNTY COMMISSIONERS i INDIAN RIVER COUNTY, FLORIDA i I Wesley S. Davis, Chairman 1 /52 a ,5 `�=' B olari, Vice Chairman f t *• Peter D. O'Bryan l oc 0 h ,_FJescher Tim`Zarb_.`(__,, 4 1 1 u P" RU" L A M A T 10 N DESIGNATING THE MONTH OF OCTOBER, 2015, AS INDIAN RIVER COUNTY FAMILY HISTORY MONTH WHEREAS, in 2001, Congress first passed a Resolution that stated "By searching for our roots, we come closer together as a human family " The month of October has come to be celebrated as Family History Month, and WHEREAS, since 1983, the Indian River Genealogical Society was established to further genealogical research and promote interest in family and local history; and WHEREAS, the Indian River Genealogical Society has consistently assisted and supported the Juliann W. Lowenstein Archive Center and Genealogical Department of the Indian River County Main Library; and WHEREAS, the Indian River Genealogical Society has published books, researched veteran records, and provided hundreds of lectures, workshops and seminars educating the public in family history; and WHEREAS, on Saturday, October 3, 2015, the Indian River Genealogical Society will bring family history awareness and education to the residents of Indian River County introducing the First Annual Family History Expo and hosting an Open House at the Indian River County Main Library, Archive Center and Genealogy Department on Sunday, October 4, 2015. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board designates the month of October, 2015, as Indian River County Family History Month, and hereby congratulates the Indian River Genealogical Society on its contribution to promoting the legacy of Indian River County and its residents over the past 32 years. Adopted this 22nd day of September, 2015. BOARD OF COUNTY COMMISSIONERS h INDIAN RIVER COUNTY, FLORIDA Wesley S. David hat an "� • i'`'` y B blolari, Vice Chairman is ! , Peter D. O'Bryan (i J gph Fle. cher TiM.26c (-! 5 F PROCLAMATION Observing September 26, 2015 as Margo Donadio Memorial-Fire Girls 5K and World Heart Day WHEREAS, The Fire Girls of Indian River County in collaboration with the Florida Department of Health in Indian River County celebrate the 4th Annual Margo Donadio Memorial 5K Run and World Heart Day; and WHEREAS, The Fire Girls of Indian River County educate women about the health benefits of annual wellness exams and the importance of being proactive in their health care, and WHEREAS, the Florida Department of Health in Indian River County will promote World Heart Day, which encourages us all to reduce our cardiovascular risk, and promotes a heart-healthy planet for those around us; and WHEREAS, the Florida Department of Health in Indian River County is working to support policy and environmental change to improve healthy lifestyles and heart health through the 5210 "Let's Go!" message, and WHEREAS, The Fire Girls of Indian River County and the Florida Department of Health in Indian River, together will increase awareness and understanding of women's wellness services and the importance of mammograms and support heart health, and WHEREAS, Margo Donadio, during her fight with cancer, touched many lives, as she offered help to others who had been diagnosed with cancer; and WHEREAS, to keep Margo's spirit alive and give back to the community, the annual 5K Run in Margo's memory was established to help raise money for The Fire Girls of Indian River County's PINK-4-LIFE Women's Wellness/Mammogram Assistance Program. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that September 26th, 2015 be designated as MARGO DONADIO MEMORIAL— FIRE GIRLS 5K AND WORLD HEART DAY in Indian River County, and the Board of County Commissioners encourage our citizens to use this day to participate in activities that will help them choose a healthy lifestyle Adopted this 22nd day of September, 2015 BOARD OF COUNTY COMMISSIONERS IN N RIVTR COUNTY, F ORIDA , Wesley-S Davis, Ehairman aglVFc` Vice Chairman Peter D O'Bryan I er h e r Tim Zorc I �l`a%�`'R 1. .+�, -'...L' `.�2�,.±,\..,.,i.�a� .. ^V`''..r',f ``..7` r '.i� .. ..c �•' - tz: 5�. .•` .•t .x.'r »!'=i.y„"�.!.+�..C'i'l Cf!' {`y•� S/•• n2 _ f'f { �` _�+' �$�,_', -- ,� Vit-:;:-i`..� L,- _:5t5'' .� .` .,Ix•_f: .`v'. "�F:�i1 i-.a •'t. - - Ti '. eY r1 'I a.K t � r x_ ` _ x ) ,_ _ - .t v i.f'Ta �2,� fie, _ -�`y i i L ' � f i ,• .'p' -tom �\ ♦ � `}��r'�. } •.r t, ti •�" *, 3' r . FPL offers financial assistance information and services FPL guides customers struggling with a financial crisis to special assistance programs. These programs may allow you to apply for help to avoid the county In which they reside. IJHEAP focuses on those losing Your electrical service provided specific eligibility efigble households with an Income below 150 percent of guidelines are met and funds for the program are available. the poverty guidelines. The eligibility requirements vary by county and by funding source.Not all applicants will quality, Emergency Moms EneW Asslstwve for the Elderly Program(EHEAP) FPL Care to Share* The EHEAP Is a companion program to the UHEAP, : The FPL-sponsored program provides qualified and marry of the same rules apply.Since this program Is customers emergency assistance funds for their electric specifically for seniors,at least one person living full-time at service once In a 12-month period per household, the reskW a must be 60 or older. Funding can be granted up to twice a year. ASSIST Emergency Food&Shelter Program(EF&SP) s We refer customers to a network of social service The EF&SP falls under the Federal Emergency organizations throughout our service territory.The Management Agency.The program supplements and program Includes more than 850 state and community expands ongoing efforts to provide shelter,food and action agencies and nonprofit,social service and faith- supportive services for homeless and hungry individuals. based organizations Including federal programs that determine customers'eligibility. Where to start The federal energy assistance programs include: When faced with a crisis that leaves you struggling to Low iru:onte Horne Ere Assistance P Pay your electric bill,local assistance agencies can guide Energy Program(LIHEAP) you to see If you qualify for one of the special programs. The LIHFAP provides federal money to nonprofit Find contact information for your local assistance agency agencies and local governments so they can assist low- at www.FPL.com/assist,or contact our automated Income families with home heating and cooling costs. ASSIST referral phone line at 1-888-647-5238. This program provides grants directly to local county (Note.At&M,agencies may not be aoceptkV new sppricetforu, governments and nonprofit agencies,which determine or V'may be kMed In hrsft resowmj who will receive assistance.Applicants must appy within or 7 i I .✓ 1 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ��IOKro°' BOARD MEMORANDUM �� Date: September 16, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services® Prepared By: Himanshu H. Mehta, P.E., Managing Director,Solid Waste Disposal District �•� Subject: Upcoming Recycling&Solid Waste Changes Public Notice: As part of the outreach program to educate residents and businesses about the new collection services starting on October 1, 2015, members of the Solid Waste Disposal District(SWDD)staff would like to use this agenda item as a public service reminder and to present relevant information at the regularly scheduled Board meeting. General Questions, SWDD telephone: (772) 770-5112 SWDD Website: www.ircrecvcles.com APPROVED FOR AGENDA: Indian River Co. Approved Data By• tJoseh ' Administration / ird, County Administrator SWDD Director F �� Budget Date legal SWDD Finance SWDD Agenda- Reminder about Upcoming Recycling and Solid Waste Changes Page— 1— 8 I i '=t.,'�;t '.t��'F.K Recycling & Solid Waste `'Fyofilt,�'w Changes in Indian River County September 22, 2015 Transition Update Check Out the New Carts gig, • Rolling to Town 1 u ff- J R A LL Witk Us...RECYCLE t 1 SINGLE STREAM RECYCLING 1. Waste Management has started delivering the carts to ALL residents of Indian River County. (Exception—The Town of Indian River Shores is keeping the blue bins for now.) 2. Please don't use the carts before October 1St 2015! 3. There is no additional cost as this is part of the Solid Waste Assessment. 4. State of Florida requirement of 75% recycling by the year 2020. Let's work together ((tt000 reach �tJ 17R O1SppS��S [[15 75, y 1K, a '75 of all Uash should be recycled. R LP L Wrtk Us...,RECYC,gyLE!_ �-°s�--iw. `'Yn�' M%%sem Gi��Sa& '_• .e• , �: OL°�J�a-�i+v�s=_�,�«e"'°�,.�7 i Same Materials, One Cart... No Sorting! v/ YES-Recyclable FL.—d C"l—d R-il Bw_s cant m—.1.7 PaperAear2 Food Br saysde Pjwq js�w.W&jlriniro, a1.n 1(.f;_dt Y utudlr) Pisv.t$jc4j4,at Pw') pull'R:9.4 N.—M"Ik' 'o Rvd — & NO-Not Recyclable No Pond WsW No PLuvc Bo Flo cc..ft$ No Prop—Team No Pustk Up ND K— No Pbtjc%v.p No EwIl-I. No shrCow P2P- No Piny "—r-tw— _L Wjth-Us...R&CYCLEL. SOLID WASTE CARTED SERVICE: Applies to Fellsmere and Unincorporated IRC 4�.� M _f "a 616bMI _'. :11i -1-.-'=a'ste'9 h gpag.q,mj�ftffl c� n ptiomqusbrn s--In Mlr_4 C0rpcf. a0MAW i RivertH O Cityyo0 ll-Met" _4 pergmontKi— _i etstd 4 ?!.h th i M 4 MU'd P, 'r,_- $L2.9 MWQ!_1r)p q u a ato ri I bi I ResidentsT` ign.0 p:-,Udfb' r _ "; � '01 pMAss ` receive old scow -vongthez, firstrterly i n Meet P7. ___W- 1 �14 *91 __'11 gw'P Oer.f.weempidK P '2 - k- 2 MY CURBSIDE PICK-UP DAY? ircrecycles..., search Pickup Dates I-LO s,I-A Zymt Search Pickup Dates '311"mo w,sw 4 ww, F�S�E LAKZ S�A OUT I Collection Transition Update _u r. 01 r NO=10111� i 1 Metrics as of 09/21/2015 Ca its - 24,000 recycling carts delivered - 1,100 garbage carts delivered Calls/sign up - 4,161 new starts - 1,057 new home last week (1,029 South area) - Commercial bins purchased/rebranded Processing Transition Update MN f '"�„ ,-ams',' '" N#� zp 3 �•`4`A �� Ya 5. �' P� 8- A- 4 i Ouestions? Visit www.ircrecycles.com for FAQs and Answers or call (772) 770-5112 To sign up for Subscription Service, please call Waste Management at (772) 569-1776 R6L L W tk Us. .RECYCLE! ryIlk - l I 5 - c • a� � Gil:', 6 Pap I��'� INDIAN RIVER COUIVTY, FLORIDA DEPARTMENT OF UTILITY SERVICES �R19� Date: September 14, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Cindy Corrente, Utilities Finance Manager l Jk', Subject: Comparison of Water and Sewer Rates for Seven AAA tond Rated Utilities DESCRIPTIONS AND CONDITIONS: During the August 18, 2015 Board meeting, The Board of County Commissioners (BCC) approved the refunding of the Water and Sewer Revenue Refunding Series 2005 by refunding $7,100,000 from Utility Reserves and refunding the remaining $7,105,000 by the Water and Sewer Revenue Refunding Note Series 2015. During the discussion of the Board item, it was noted that Indian River County is one of only seven utilities statewide that maintain an AAA bond rating as was determined by Fitch Ratings Inc. Discussion took place regarding this accomplishment. During the discussion, it was mentioned that various Board members were curious as to the comparison of rates among those seven utilities. In response, staff prepared the attached chart which depicts the water and sewer rates for those seven utilities. APPROVED FOR AGENDA: By: l Indian River Co. Approved Date Jos h A. Baird, County Administrator Administration (` legal 1 For: Budget ' Date Utilities �S Utilities-Finance Gym, 9 AAA Rated Water&Sewer Utilities in the State of Florida Comparison of Water&Sewer Rates Combined(Water&Wastewater) Water Only Wastewater Only Approx. Utility Name service Pop. Min.Charge 4,000 Gallons 8,000 Gallons Min.Charge 4,000 Gallons 8,000 Gallons Min.Charge 4,000 Gallons 8,000 Gallons Res.Cap(gal.) City of Boca Raton 84,400 $23.92 $32.43 $35.48 $12.97 $16.02 $19.07 $10.95 $16.41 516.41 Collier County 200,000 $44.57 $69.41 $97.91 $17.63 $27.31 $40.65 $26.94 $42.10 $57.26 15,000 Hillsborough County 378,760 $25.86 $57.66 $93.12 $12.37 $26.81 $44.91 $13.49 $30.85 $48.21 8,000 City of Orlando 255,483 $18.73 $36.81 $54.89 14,000 Palm Beach County 532,000 $26.36 $38.12 $65.12 $12.42 $17.42 $28.50 $13.94 $20.70 $36.62 10,000 City of Tampa 591,000 $1.50 $36.50 $74.70 $1.50 $11.30 $24.30 $0.00 $25.20 $5040 Indian River County 100,000 $24.92 $45.38 $67.93 $9.05 $18.07 $29.18 $15.87 $27.31 $38.75 12,000 Note: The table above shows the water and wastewater rates for the seven(7)utilities in Florida rated"AAA"by Fitch Ratings per the report of lune 11,2015. The rates shown ore residential rates according to the 2014 Florida water and wastewater Rate Survey conducted by Raftelis Financial Consultants,Inc.,with the exception of the City of Orlando,which was not included in the survey. This does not include a comparison of commercial rates or industrial rates. The City of Orlando rates are provided independently of the Raftelis survey. Only Wastewater rates are provided since City of Orlando water is provided by The Orlando Utilities Commission. rr O z r CCS " �` r �! }i •` rat � � � �{ it ► (� `�`r� CISF`rG ��' Thursday, October I st 9:45 AM - 10:15 AM - Gifford Workshop 3:30 PM —5:00 PM - Central/South Gifford • •unty Workshop 4875 • Avenue CountyAdmin Building Vero Beach, •. Conference Room Bl-501 :/1 27'Street Vero Beach, •. I 11 1 PM -Sebastian Workshop it 1 PM—Wabasso Workshop Sebastian City • Dasie Hope 1225 Main Street8445 64th Ave Sebastian, • it G:tO,I�C Ir =S0 �'CGilftitCOtOtf v �r r Hs d ., 4 OU 1C 'C S CtOC 1S an 1510(1 as -the Indian � I"s COt3,lr��'t +�,�G�sC'lltf, .;�,1Ctrlr+}j,lC QIC rel ;C IC�'r�'()�:li�C�'� 15 !rj tilp j'rGcCSS f dev:eIO J!(lC; G DJD'14- i1�C:S'Ct+1G o ; leos. <,,4rrUl,t(i��O��;�a;a,C.�.���„C,ry.�. aC,rr'1S,j'Oz4Ctilnll�3J1Gtl ,$!C�,� `'.� ' � � n A IS�t+C?Ur J Slty C`1G COr t i��t ir1 $Uri. V Or •r CVO CO+ s t i��'llirl70 �Qjlp/lITfetly0l YJi Iil.: r��lalYlC I�O( tC >'Z�} �7 JJr rtk���ihrl4t-xsn.�,rT���ns'r��t�( r�4itdtritat?ens�r:•reas ;,.y�' c..`Sd; 3 S FC�,�ii7Cl`�l7#'t1t a !t SKit��U.' $��.( "XYZ:_''z�jf!•r.t�' '�>•` � .,a JEFFREY R. SMITH, CPA, CGFO, CGMA �cooyyy o Clerk of Circuit Court&Comptroller Finance Department 1801 27ei Street Vero Beach, FL 32960 ,a.,.. � TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 10, 2015 SUBJECT: APPROVAL OF WARRANTS September 3, 2015 to September 10, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. 1 Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of September 3, 2015 to September 10, 2015. Attachment: DLB: DB 12 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 330574 9/10/2015 PORT CONSOLIDATED INC 445.48 330575 9/10/2015 JORDAN MOWER INC 1.326.68 330576 9/10,12015 COMMUNICATIONS INTERNATIONAL 44.489 55 330577 9./10/2015 RANGER CONSTRUCTION IND INC 423 50 330578 9/10/2015 VERO CHEMICAL DISTRIBUTORS INC 534.25 330579 9/10/2015 STEWART MATERIALS INC 2.048.95 330580 9/10/2015 SEWELL HARDWARE CO INC 1266 330581 9/10/2015 E-Z BREW COFFEE& BOTTLE WATER SVC 3294 330582 9/10/2015 GRAINGER 334 76 330583 9/10/2015 KELLY TRACTOR CO 2.882.31 330584 9/10/2015 REPUBLIC SERVICES INC 94.00 330585 9/10/2015 AMERIGAS EAGLE PROPANE LP 192.37 330586 9/10/2015 AMERIGAS EAGLE PROPANE LP 694.95 330587 9/10/2015 AMERIGAS EAGLE PROPANE LP 1.323.06 330588 9/10/2015 GAYLORD BROTHERS INC 208 62 330589 9/10/2015 HACH CO 264.89 330590 9/10/2015 LFI FORT PIERCE INC 873 99 330591 9/10/2015 MARK W HILL 1100 330592 9/10/2015 CLIFF BERRY INC 18.30 330593 9/10/2015 PHYSIO CONTROL INC 222.92 330594 9/10/2015 ALLIED ELECTRONICS INC 308.73 330595 9/10/2015 HD SUPPLY WATERWORKS.LTD 2.083.24 330596 9/10/2015 VERO INDUSTRIAL SUPPLY INC 509.53 330597 9/10/2015 EXPRESS REELGRINIDING INC 1,100.00 330598 9/10/2015 TIRESOLES OF BROWARD INC 770.34 330599 9/10/2015 BARTH CONSTRUCTION INC 322.317.10 330600 9/10/2015 DELL MARKETING LP 5,478.40 330601 9/10/2015 MYRONLCOMPANY 379.40 330602 9/10/2015 GENERAL PART INC 865.33 330603 9/10/2015 GOODYEAR AUTO SERVICE CENTER 985.12 330604 9/10/2015 BLAKESLEE SERVICES INC 71000 330605 9/10/2015 BAKER&TAYLOR INC 342.09 330606 9/10/2015 MIDWEST TAPE LLC 7.99 330607 9!]0/2015 PRECISION CONTRACTING SERVICES INC 9.844.00 330608 9/10/2015 K & M ELECTRIC SUPPLY 130.34 330609 9/10/2015 PALM TRUCK CENTERS INC 92.91 330610 9/1.0/2015 GO COASTAL INC 341.65 330611 9/10/2015 RELIABLE POLY JOHN 53.00 330612 9/10/2015 COMMUNITY ASPHALT CORP 140,391.63 330613 9/10/2015 SUNSHINE REHABILATION CENTER OF IRC INC 15.00 330614 9/10/2015 CREATIVE CHOICE HOMES XVI LTD 497.00 3306]5 9/10/2015 CLERK OF CIRCUIT COURT 22.81 330616 9/10/2015 INDIAN RIVER COUNTY HEALTH DEPT 24.024 00 330617 9/10/2015 CITY OF VERO BEACH 15.467.97 330618 9/10/2015 CHAPTER 13 TRUSTEE 478.38 330619 9/10/20]5 INDIAN RIVER ALL FAB INC 75400 330620 9/10/2015 UNITED PARCEL SERVICE INC 54.65 330621 9/10/2015 INDIAN RIVER COUNTY SHERIFF 3000 330622. 9/10/2015 JANITORIAL DEPOT OF AMERICA INC 872.92 330623 9/10/2015 TREASURE COAST HOMELESS SERVICES 10.758.50 330624 9/10/2015 HUMANE SOCIETY 30.820.00 330625 9/10/2015 HUMANE SOCIETY 45.00 330626 9/10/2015 ARTHUR J GALLAGHER RISK MGMT SERV INC 35000 330627 9/10/2015 VERO BEACH HIGH SCHOOL 100.00 330628 9/]0/20]5 AAA COOPER TRANSPORTATION INC 265.29 330629 9/10!2015 ACUSHNET COMPANY 1.320.60 330630 9/10/2015 AQUAGENIX 65000 330631 9/]0/20]5 GEOSYNTEC CONSULTANTS INC 8.91844 13 1 TRANS NBR DATE VENDOR AMOUNT 3 30632 9/10/2015 INDIAN RIVER HABITAT 4.924 07 330633 9/10/2015 FEDERAL EXPRESS CORP 4465 330634 9/10/2015 VERO HERITAGE INC 6.089.10 330635 9/10/2015 FLORIDA POWER AND LIGHT 4,466.82 330636 9/10/2015 AMERICAN PLANNING ASSOCIATION 10000 330637 9/102015 GIFFORD YOUTH ACTIVITY CENTER INC 5.084.28 330638 9/10/2015 CITY OF FELLSMERE 16207 330639 9/10/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 100.00 330640 9/10/2015 IDEA GARDEN ADVERTISING 150.00 330641 9/10/2015 HAYTH,HAYTH & LANDAU 125.00 330642 9/10/2015 THE PALMS AT VERO BEACH 488.00 330643 9/10/2015 - PUKKA INC 1.543.20 330644 9/10/2015 RUSSELL PAYNE INC 308.28 330645 9/10/2015 TRANS US INC 132.826 00 330646 9/10/2015 CEL1CO PARTNERSHIP 1,334.61 330647 9'10/2015 DOWN UNDER TANK TESTING OFAMERJCA ),'82000 330648 9/10/2015 ANIXTER INC 113.90 330649 9/10/2015 VAN WAL INC 243.00 330650 9/10/2015 PARGAS 544.50 330651 9/10/2015 ETR LLC 2.108.21 330652 9/10/2015 . GLOVER OIL COMPANY INC 1.392.34 330653 9/10/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 240.31 330654 9/10/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 243.57 330655 9/10/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 135.90 330656 9/10/2015 1 ST FIRE& SECURITY INC 380.00 330657 9/10.12015 PETER OBRYAN 6765 330658 9/10/2015 SUMMERLINS MARINE CONST LLC 900.00 330659 9/10/2015 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 500.00 330660 9/10/2015 SOUTHEAST SECURE SHREDDING 140.02 330661 9/10/2015 K'S COMMERCIAL CLEANING 17,829.08 330662 9/10/2015 FLORIDA VALVE&EQUIPMENT LLC 79000 330663 9/10/2015 HELPING ANIMALS LIVE-OVERCOME 5000 330664 9/10/2015 AMERJCHEM LAWN&PEST CONTROL INC 700.00 330665 9/10/2015 1NEOS NEW PLANET BIOENERGY LLC 389 18 330666 9/10/2015 WOERNER DEVELOPMENT INC 193.00 330667 9/10/2015 CHEMETRICS INC 271.90 330668 9/10/2015 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 330669 9/10/2015 KEMPER BUSINESS SYSTEMS 25.00 330670 9/10/2015 BOULEVARD TIRE CENTER 3,620.30 330671 9/10/2015 DELRAY MOTORS 128.28 330672 9/10/2015 ORLANDO-ORANGE CNTY EXPRESSWAY AUTH 7.65 330673 9/10/2015 ALAN JAY CHEVROLET CADILLAC 72,148.00 330674 9/10/2015 LOWES HOME CENTERS INC 619.63 330675 9/10/2015 LABOR READY SOUTHEAST INC 21,683.44 330676 9/10/2015 CARDINAL HEALTH 110 INC 4_.105.67 330677 9/10/2015 AGN SPORTS LLC 150.00 330678 9/10/2015 BURNETT LIME CO INC 3.19900 330679 9/10/2015 STRAIGHT OAK LLC 202.40 330680 9/10/2015 BSN SPORTS INC 1,471.92 330681 9/10/2015 FAMILY SUPPORT REGISTRY 966 330682 9/10/2015 FAMILY SUPPORT REGISTRY 13.51 330683 9/10/2015 KESSLER CONSULTING INC 10,020.08 330684 9/10/2015 FORTILINE INC 3,833.00 330685 9/10/2015 ANDREW D. FLEISHER, ESQ 15000 330686 9/10/2015 EAST COAST VETERINARY SERVICES LLC 16600 330687 9/10/2015 SKECHERS USA INC 302.01 330688 9/10/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 967.00 330689 9/10/2015 RELIANT FIRE SYSTEMS INC 170.00 330690 9/10/2015 SYLIVIA MILLER 1.441.00 330691 9/10/2015 ANFIELD CONSULTING GROUP INC 10.000.00 14 2 I 1 TRANS NBR DATE VENDOR AMOUNT 330692 9/10;2015 TANDUS CENTIVA US LLC 8.40860 330693 9/10/2015 COCA COLA BEVERAGES FLORIDA LLC 228.48 330694 9/10/2015 GENUINE PARTS COMPANY 24 87 330695 9/10/2015 CAREFREE RANCH 75000 330696 9/10!2015 DELTA MANAGEMENT ASSOCIATES INC 627 55 330697 9/10/2015 ENTERPRISE RECOVERY SYSTEMS INC 192.92 330698 9/10/2015 CATHEDRAL CORPORATION 1.357.59 330699 9/10/2015 27 OSLO VERO BEACH LLC 2.655.29 330700 9/10/2015 27 OSLO VERO BEACH LLC 18.303.23 330701 9/10/2015 JONNA BRINKLEY 5000 Grand Total: 992,671.26 15 . 3 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1001357 9/4/2015 EVERGLADES FARM EQUIPMENT CO INC 839.35 1007358 9/4/2015 COMMUNICATIONS INTERNATIONAL 0.00 1007359 9/4/2015 COPYCO INC 188.10 1007360 9/4/2015 INDIAN RIVER OXYGEN INC 3.23985 1007361 9/4/2015 NEWMANS POWER SYSTEMS 252.10 1007362 9/4/2015 ARAMARK UNIFORM & CAREER APPAREL LLC 54601 1007363 9/4/2015 SOUTHERN COMPUTER WAREHOUSE 1.63647 1007364 9/4/2015 MIDWEST MOTOR SUPPLY CO 285.00 1007365 9/4/2015 RECHTIEN INTERNATIONAL TRUCKS 31.43 1007366 9.4/2015 SOUTHERN JANITOR SUPPLY INC 77472 1007367 914/2015 CAPITAL OFFICE PRODUCTS 111.26 1007368 9/4/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 57.37 1007369 9/4/2015 BENNETT AUTO SUPPLY INC 52.17 1007370 9/4/2015 AUTO PARTNERS LLC 7171 1007371 9/4/2015 L&L DISTRIBUTORS 477.84 1007372 9/9/2015 METTLER TOLEDO INC 79009 1007373 9/9/2015 AT&T 91.00 1007374 9/9/2015 OFFICE DEPOT BSD CUSTOMER SVC 109.80 1007375 9/9/2015 WASTE MANAGEMENT INC 3.210.36 1007376 9/9/2015 COMCAST 117.75 1007377 9/10/2015 COMMUNICATIONS INTERNATIONAL 25,376.55 1007378 9/10/2015 COPYCOINC 3.921.00 1007379 9/10/2015 INDIAN RIVER BATTERY 535.00 1007380 9/10/2015 ABCO GARAGE DOOR CO INC 1.205.30 1007381 9/10/2015 ALLIED UNIVERSAL CORP 10.883.02 1007382 9/10/2015 IRRIGATION CONSULTANTS UNLIMITED INC 43.47 1007383 9/10/2015 THE EXPEDITER 249.48 1007384 9/10/2015 GROVE WELDERS INC 254.83 1007385 9/10/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 25981 1007386 9/10/2015 FERGUSON ENTERPRISES INC 3.541 46 1007387 9/10/2015 CAPITAL OFFICE PRODUCTS 633 88 1007388 9/10/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 150.27 1007389 9/10/2015 CUMMINS POWER SOUTH LLC 1,106.50 1007390 9/10/2015 BENNETT AUTO SUPPLY INC 157.81 1007391 9/10/2015 HYDRA SERVICE(S)INC 4.854.00 Grand Total: 66,054.76 -', Void Payment 16 l ELECTRONIC PAYMENTS - WIRE & ACH TRANS DATE VENDOR ANIOUNT 3808 9/3!2015 MUTUAL OF OMAHA 2.052.50 3809 9/32015 B!C B'S OF FL ADM FEE 11,188.80 3810 9/32015 HEALTH ADVOCATE 369 60 3811 9/3!2015 SUN LIFE FINANCIAL 5,447 68 3812 9/82015 1 R C HEALTH INSURANCE-TRUST 450.256.90 PCARD 9/82015 WELLS FARGO BANK 28.498 81 3813 9/92015 ELITE TITLE 23.623 00 3814 9/9/2015 MUTUAL OF OMAHA 15.763 70 3815 9/9/2015 B/C B/S OF FL ADM FEE 3:.966.00 3816 9/92015 SUN'I.TFE FINANCIAL 16.537 60 3817 9/9/2015 HEALTH ADVOCATE 1,122.00 3818 9/10/2015 SENIOR RESOURCE ASSOCIATION 333.356.93 Grand Total: 922.183.52 1 17 �t'4IVE� p O ZCe o Consenl Aoolda 0919 ' ) - INDIAN RIVER COUNT' ATTORNEY Dylan Reingold,County Attorney William K.DeBraal.Deputy Count),Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Michael Zito, Assistant County Administrato FROM: William K. DeBraal, Deputy County Attorney DATE: September 16, 2015 SUBJECT: Renewal of Concessionaire Contract No. 252 with Florida Fish and Wildlife Conservation Commission for the Indian River County Public Shooting Range On March 13, 2001 the Board of County Commissioners and the Florida Fish and Wildlife Conservation Commission entered into a Concessionaire Contract (Contract) for operation of the IRC Public Shooting Range. The term of the Contract is 15 years with a ten year renewal option. The contract is set to expire on March 12, 2016. In order to exercise the option for the ten year renewal, a written request must be made 90 days in advance of the expiration date (December 13, 2015) requesting to renew the contract for the additional ten years. Staff has drafted the attached letter requesting to renew the contract for an additionai ten year term. Funding. There is no funding contemplated by this matter. Additional funding information will be provided when the updated Concessionaire's operational plan is updated as required for renewal of the contract. Recommendation. The Shooting Range's popularity continues to increase Staff is coordinating the possible construction of classroom facilities at the Shooting Range for hunter and gun safety classes. Construction of lighted skeet and trap facilities is slated for later this year. Given the improvements to be made to the leased premises, the Board may desire to seek an extension period longer than ten years and direct staff to do so during negotiations for the renewal contract. Staff recommends that the Board of County Commissioners approve the request for an additional ten year term of the contract and authorize the Chairman to sign the attached letter. cc: William R. Kline, FWC lnkimn atyr ro Apf-roved Date QW Holden Kriss, Shooting Range Manager rnl'1— �l h —�._) t..eyal Arf PROVED FOR _-- 'il Budget i�.0% p1tE.E TIi�G - CONSENT AGENDA Dept. _.._� rRisk Mgr k .- 18 C Y ATTORNEY./ {--- - - I A September 16, 2015 Mr. Nick Wiley Executive Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee Florida 32399-1600 Re: Concessionaire Contract No. 00252 between the Florida Fish and Wildlife Conservation Commission and Indian River County for the Indian River County Public Shooting Range Dear Mr. Wiley: On behalf of the Board of County Commissioners of Indian River County please accept this letter as Indian River County's request to renew the concessionaire contract between the Commission and Indian River County dated March 13, 2001. In accordance with the contract, the County is requesting a renewal of the contract for an additional term of 10 years. The contract is set to expire on March 12, 2016. At a meeting of the Board of County Commissioners held on September 22, 2015, the Board unanimously approved by a vote of 5 to 0 the request to renew the contract between the Commission and the County. The Indian River County Public Shooting Range has enjoyed growth and success since its inception. In July, 2014 the shooting range was pleased to host the Master's Shooting Contest which featured over 200 participants during a 3-day period. In working with the Commission, the County is looking forward to expanding the role of gun safety and hunter education in the near future The Board looks forward with great anticipation to renewing and extending this agreement with the Commission for an additional ten years. Sincerely, Wesley S. Davis Chairman cc: Holden Kriss, Shooting Range Manager William K. DeBraal, Deputy County Attorney 19 I ��R1vE Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: September 11, 2015 SUBJECT: Authorization to Attend Public Trust Advisors Seminar Authorization is requested for the County Administrator to attend a free Public Funds Investment seminar sponsored by Public Trust Advisors. The Seminar is scheduled for Thursday, October 8, 2015 in Orlando, Florida. APPROVED AGENDA ITEM Indian River Co Approved Date Administrator BY: , F _September 22, 2015 i i' 20 �LL PUBLIC" r, 111A TRUST D V I S 0 R, S -1 i Ut—L—LJA PUBLIC FUNDS INVESTMENT,SEMINAR THURSDAY, OCTOBER 8, 2015 GAYLORD PALMS RESORT, ORLANDO — 8:00AIVI 5:00PIVI AGENDA AND REGISTRATION INFORMATION PROVIDING 8 HOURS OF TECHNICAL BUSINESS CPE Busines�&'i Professional ReGUIalion HOSTED BY PUBLIC TRUST ADVISORS PROFESSIONAL GUEST SPEAKERS FROM: STANDARD&POOR'S c k I F. 1-14 RAnmss SEWCES AICRIV9954. GFS toicium ROLLINS MBA -9�.Upf�l STIFEL 21 i P ISI � TRUST ADVISORS INVESTNIENT SEMINAR AGENDA ' PUBLIC FUNDS INVESTMENT SEMINAR—THURSDAY, OCTOBER H, 2015 7:00 am to 8:00 am 12:00 pm to 1:10 pm Lunch(provided) REGISTRATION AND CONTINENTAL BREAKFAST 1:10 pm to 2:00 pm B:00 am to 8:20 am —"— -�- — — CURRENT TRENDS IN PUBLIC FINANCE AND CAPITAL MARKETS WELCOME AND OPENING REMARKS: KEN BURKE,CPA This session will cover general market conditions,trends related CLERK OF THE CIRCUIT COURT AND COMPTROLLER,PINEUAS COUNTY to debt issuance,and factors affecting bond refundings.We will look specifically at how the municipal market has fared in 2015 8:20 am to 9:10 am — and where the market might be heading in 2016. STANDARD&POOR'S FUND RATINGS AND EVALUATING POTENTIAL Matthew J.Sansbury,Managing Director,Stifel IMPACT OF MONEY MARKET FUND REFORM AMENDMENTS ON RATED GOVERNMENT INVESTMENT POOLS 2:00 pm to 2:S0 pm We will also explore trends in government investment pools in 2,4,6,8—WHO'S READY FOR A GASB UPDATE? light of the Money Fund reforms. While we we're debating the impact of GASB Statement No.68, Peter Rizzo,Senior Director,Standard and Poor's the GASB has delivered some new pronouncements that will 9:10 am to 10:00 am need to be evaluated for how they will affect your accounting °THE CHANGING LANDSCAPE IN BANKING REGULATIONS" and financial reporting.This update will include a focus on i The Basel Committee and the Dodd-Frank Act set into motion a Statement No.72, Fair Value Measurement and Application. wave of new regulations intended to create safer banks. In this Yvonne M.Clayborne,CPA Manager,Carr,Riggs&Ingram LLC session we will provide a regulatory update,assess the key 2:50 pm to 3:10 pm Afternoon Break implications of the new rules,and offer prudent questions to consider from the perspective of both a bank analyst and public funds investor. 3:10 pm to 4:00 pm Todd Alton,CFA,Credit Research Public Trust Advisors THE DOWN-AND-DIRTY OF THE NEW PENSION ACCOUNTING STANDARD - There are two complex aspects to the new pension accounting 10 00 am to 10:20 am Morning Break _ _ standard for employers(GASB Statement No.68): (a) accounting and recognition and(b)disclosures in Notes and RSI. 10:20 am to.11:10 am This session will focus on the accounting and recognition rules ECONOMIC UPDATE: READY,AIM,... for the balance sheet and pension expense,leaving disclosures As another year of recovery comes to a close,people are for some other dayl becoming accustomed to modest economic growth,reasonably James J.Rizzo,ASA,MAAA,Gabriel,Roeder,Smith&Co. strong job creation,and declining unemployment. Each year 4:00 pm to 4:50 pm new global events impact the US economy and financial ------------ -- ---• —_—____ markets,whether it is the European debt crisis or the INVESTMENT REPORTING deceleration of economic growth in China. Given all of this, While the universe of permitted public funds investments is what is the likely direction of Fed policy in the coming year? typically limited to investment grade fixed income securities, William Seyfried,Ph.D.,Economist,Rollins College there are a number of ways public entities report on portfolio holdings. This session will explore the various ways investment 11:10 am to 12:00 pm holdings are reported including required information, INVESTMENT PERFORMANCE:COMPARING INCOME AND TOTAL RETURN performance,asset allocation and security level detail. Interest rates and volatility seem to go hand in hand these days. Tom Tight,Managing Director Will we ever see interest rates increase and what's more important for longer term investment strategies in a rising rate THIS PUBLIC FUNDS SEMINAR BAPPROVED FOR S HOURS OF environment-the im act on total return or investment BU5111255( p C'SSIOIIaI TECHNICAL BUSINESS CPE BY THE FLORIDA DEPARTMENT OF PfOf income? lif-t�tll ssi BUSINESS&PROFESSIONAL REGULATION John F.Grady III,CTP,Managing Director 22 Eficl /� I) I T CR �.!'f 1J � .l �7 � 11 �J ✓ �f7 ..: i INVESTMENT SEMINAR REGISTRATION REGISTRATION SEMINAR LOCATION REGISTRATION IS COMPLEMENTARY FOR ALL GOVERNMENT GAYLORD PALMS RESORT AND CONVENTION CENTER EMPLOYEES,GOVERNMENT MEMBERS OF THE FGFOA AND Interstate 4 at Osceola Parkway,Exit 65(directions on LOCAL CHAPTER MEMBERS. following page) REGISTRATION IS LIMITED-PLEASE RESPOND SOON TO SECURE 6000 W. Osceola Parkway YOUR ATTENDANCE Kissimmee, Florida 34746 Additional hotel information: Please email to seminar@publictrustadvisors.com or http://www.gavlordhotels.com/gavlord-palms fill out the information below by October 1st and fax to 407-514-2604. SEMINAR CONVENTION CENTER LOCATION-SUN BALLROOM C The Seminar will be held in Sun Ballroom C on the second level of the Convention Center. For a printable ATTENDEE INFORMATION map see the link below: Registrants can include this information within the http://www.gaviordhotels.com/lxavlord- email message if registration via email is preferred. palms/directions-transportation/hotel-map/index htmI Name: There will also be signage once you enter the conference space. Title: PARKING Organization: SELF-PARKING IS COMPLIMENTARY-PLEASE BRING TICKET FOR VALIDATION(THERE WILL BE A CHARGE FOR VALET) Address: Entrance via International Drive: Turn right into Address: property and then make first right. Follow signs around the building to the self-parking lot. City/County: Entrance via Osceola Parkway: Turn right into property and then make first right. Follow signs State/Zip Code: around the building to the self-parking lot. FGFOA Local Chapter: HOTEL RESERVATION INFORMATION We have a block of rooms reserved for a nightly rate of Phone: $83 plus$20 resort fee. Self-Parking will be complimentary for daily and overnight guest E-mail: attendees. There are only a limited number of rooms available at this rate, please book by September 11th. Reservations via phone: 877-382-7299 Reservations via online registration: https://resweb.passkey.com/go/Pu blicTr t ' ADDITIONAL INFORMATION HAVE ADDITIONAL QUESTIONS? ' For more information please reach out to Mary Rose or ° John Grady at 407-514-2727 or via email at seminar@publictrustadvisors.com. 23 PUBLICIO TRUST A 3) V I S O 11. S �� 1ys ;i ,7 , i` INVESTMENT SEN11NAR REGISTRATION HOW.TO GET TO THE GAYLORD PALMS RESORT DIRECTIONS North Florida 1-95 South(Jacksonville) 1-95 South/1-4 West/Exit 65 Osceola Parkway East/ Gaylord Palms on Right North Florida 1-75 South(Tallahassee) 1-75 South/Florida Turnpike South/1-4 West/Exit 65 Osceola Parkway East/Gaylord Palms on Right West Florida 1-4 East(Tampa/St.Petersburg) 1-4 East/Exit 65 Osceola Parkway East/Gaylord Palms on Right East Florida 1-4 West(Daytona) 1-4 West/Exit 65 Osceola Parkway East/Gaylord Palms on Right South Florida 1-95 North (Ft. Lauderdale/Miami) 1-95 North/Florida Turnpike North/Osceola Parkway West/Gaylord Palms on Left Orlando Area 429 South(Apopka) 429 South/192 East/International Drive South/ Gaylord Palms on Left Orlando International Airport 417 South/Exit 3 Osceola Parkway West/Gaylord Palms on Left 24 Consent r ii►4 INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator FROM: Jason E. Brown, CGFO Director—Office of Managemen & B dget DATE: September 16, 2015 SUBJECT: Update on Disposal of Tax Collector Vehicle - 2008 Jeep Liberty Background On August 18, 2015, the Tax Collector requested Board approval to trade in a 2008 Jeep Liberty towards the purchase of a new vehicle. At the meeting, some questions were raised about the trade in. The Board tabled the matter so that additional information could be gathered and presented at the September 22"d Commission meeting. This agenda item serves as the requested update. Since the last meeting, the Tax Collector offered to either surplus the vehicle or transfer it to another department. The Clerk of the Circuit Court has expressed an interest in obtaining the vehicle to replace a 2005 Mercury Montego that was in a serious accident. This vehicle was repaired after the accident; however, the Clerk has concerns about its roadworthiness and safety. Due to these concerns, the Clerk has not utilized this vehicle recently. The Tax Collector's vehicle is fully depreciated, so there would-be no charge to the Clerk of Court for this transfer. Staff Recommendation Staff recommends the Board authorize the transfer of the 2008 Jeep Liberty (Asset #25123) from the Tax Collector to the Clerk of Circuit Court in accordance with Section 274.05, Florida Statues. Attachment Agenda Item 8.M. from August 18, 2015 APPROVED FOR AGENDA: Approval Date Administration 4 q1/? By: l Legal Budget ?Joseph A. Baird, County Administrator Human Resources For: September 22 2015 Date 25 Carole jean Jordan, CFC Tax Collector : s "How Ma Y WE HELP You?" DATE: July 28, 2015 TO: Indian River County Board of County Commissioners THROUGH: Joseph A. J. Baird, County Admi rator elwv�,_ FROM: Carole Jean Jordan, Tax Collect r SUBJECT: Consent Agenda Item: Request for Authori ion to Trade-In One Vehicle For the Purchase of Another Vehicle Please place the following on the Consent Agenda for the Board of County Commissioners meeting on Tuesday August 18, 2015. Background: The vehicle described below is being requested to trade for the purchase of a newer vehicle, to provide for the needs of the Tax Collector's Office. The Indian River County Policy & Procedures Capital Assets Section F allows for disposition of an asset through trade-in. Tag# TD21 11 Asset # 25123 Make/Model Jeep Liberty :Year: 2008 VIN# 1 J8GP28K38W224912 Mileage: 55,893 Recommendations: It is recommended that the Board of County Commissioners allow for the trade in of $7,600 for the Jeep Liberty, otl'setting the purchase price of the new vehicle. Copy To: Diane Bernardo, Finance Director Raeanne Cone, Fixed Assets cc: Jason Brown, Budget Director 1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310 E-mail: _HowMayWeHelpYou(d)IRCTax com . Website: www.IRCTax.com Phone: (772) 226-1338 : Fax (772) 770-5009 107 26 { I Consent Agenda Indian River County `e Interoffice Memorandum Office of Management & Budget To: Members of the Board C nt Commissioners From: Jason E. Brown Director, Office of Manag men & Budget Date: September 16, 2015 Subject: Miscellaneous Budget Amendment 025 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On May 5, 2015, the Board of County Commissioners approved a Section 5307 grant application for the Community Transportation Coordinator, the Senior Resource Association. On September 1, 2015 the grant was awarded in the amount of $2,384,987. The attached entry appropriates the funding of this grant along with the remaining funds from other grants. 2. The Solid Waste Disposal District has exceed its budgeted revenue and expenditure amounts due largely to increased tonnages. The attached entry appropriates funding in the amount of $296,416 from the attached accounts. 3. Due to a timing discrepancy between fiscal years, a budget amendment is needed to fund the current year portion of the annual Verotown LLC lease agreement. The attached entry appropriates funding in the amount of-$43,559 from Dodgertown Capital Reserve Fund/Cash Forward Oct 1St 4. On August 18, 2015, the Board of County Commissioners approved Change Order# 5 for the Historic Dodgertown Room Renovation project. The change order for $3,171 plus miscellaneous expenditures related to the project in the amount $2,787 will be provided by a transfer from Optional Sales Tax to the Dodgertown Capital Reserve Fund. 5. Employee retirements have resulted in salary and .benefits exceeding the budget in County Planning. The attached entry appropriates $28,224 from MSTU Fund/Cash Forward Oct 1s' 6. Section 8 Rental Assistance Grant expenses are higher than anticipated. The attached entry appropriates funds in the amount of $30,000 from Section 8 Rental Assistance/Cash Forward Oct 1 St. 7. On September 15, 2015 the Board of County Commissioners approved a change order in the , amount of $75,320 for renovations on Fire Rescue Station #1 to cover the cost of utility 1 connections for the modular unit on site. The attached entry appropriates funding from Emergency Services District/Cash Forward Oct 1 St for this expenditure. 27 Board of County Commissioners September 16, 2015 Page 2 of 2 8. An additional $7,000 has been contributed by the Florida Department of Health in Indian River for the purchase and installation of a drinking fountain and bases for the benches to be installed at the Martin Luther King Park. The attached entry appropriates this contribution. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 025 and Resolution Indian River County Approved Date Administrator ` n Legal APPROVED AGENDA ITEM: Budget j6 BY: Department Jos h A. aird Risk County Administrator Management FOR: September 22, 2015 28 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By . By Deputy Clerk Wesley S. Davis, Chairman APPROVED A5 TO FORM A C3 S BY . CO0NTY ATTORNEY 2� t zhibit "A" Resolution No.2015- Budget Office Approval: Budget Amendment:025 Jason E.B own,B deet Director Entry Fund/DepartnU nt Name Number Account Number Increase Decrease 1. Revenue General Fund/IntergovemmentaUFTA Section 5307 001033-331410 $2,810,590 $0 General Fund/Intergovemmental/Express Corridor Grant 001033-334407 $34,000 $0 General Fund/Intergovemmental/DOT Public Transit Block Grant 001033-334450 $205,369 $0 General Fund/Intergovernmental/FOOT Commuter Assistance Grant 001033-334415-54001 $88,841 $0 General Fund/Intergovernmental/Service Development Grant 001033-334420 $332,090 $0 General Fund/SRA/Transit Advertising 001038-362013-54001 $47,358 $0 Expense General Fund/Agencies/Community Transportation Coordinator 00111041-088230-54007 $2,022,678 $0 General Fund/Agencies/SRA/Other Machinery 8 Equpment 00111041-066490-54001 $1,495,572 $0 2. Revenue SWDD/Service Charges/Garbage-Solid Waste Sales 411034-343410 $100,000 $0 SWDD/Service Charges/Demolition Charges 411034-343420 $196,416 $0 Expense SWDD/LandfilUContractual Services 41121734-033489 $170,500 $0 SWOD/Convenience Center&Recycling/Other Professional Services 41125534-033190 $125,915 $0 3. Revenue Dodgertown Reserves/Cash Forward-Oct 1st 308039-389040 $43,559 $0 Expense Dodgertown Reserves/Maintenance- Buildings/Dodgertwon Complex 30816275-034610-01002 $35,272 $0 Dodgertown Reserves/Other Machinery& Equipment/Dodgertwon Complex 30816275-066490-01002 $8,287 $0 4. Revenue Optional Sales Tax/Cash Forward-Oct 1st 315039-389040 $5,958 $0 Dodgertown Reserves/Fund Transfer In 308039-381020 $5,958 $0 Expense Optional Sales Tax/Fund Transfer Out 31519981-099210 $5,958 $0 Dodgertown Reserves/Construction In Progress/Dodgertwon Complex 30816275-066510-01002 $5,958 $0 30 Exhibit"A" Resolution No.2015- Budget Office Approval: Budget Amendment:025 Jason E. rows, dget Director Entry Number Fund/Depa en U unt Name Account Number Increase Decrease S. Revenue MSTU/Cash Forward-Oct 1st 004039-389040 $28,224 $0 , I Expense MSTU/County Planning/Regular Salaries 00420515-011120 $20,000 $0 MSTU/County Planning/Special Pay 00420515-011150 $110 $0 MSTU/County Planning/Social Security 00420515-012110 $1,247 $0 MSTU/County Planning/Retirement 00420515012120 $2,575 $0 MSTU/County PlanningAnsurance Life&Health 00420515-012130 $4,000 $0 MSTU/County Planning/Medicare 00420515-012170 $292 $0 6. Revenue Section 8 Housing GranUCash Forward-Oct 1st 108039-389040 $30,000 $0 Expense Section 8 Housing/Rental Assistance Payments 10822264-036730 $30,000 $0 7. Revenue Emergency Services District/Cash Forward-Oct 1st 114039-389040 $75,320 $0 Expense Emergency Services District/Fire Rescue/Station#1 Renovation Construction 11412022-066510-15007 $75,320 $0 B. Revenue General Fund/Miscellaneous/Other 0 Contributions/Donstions 01038-366090 $7,000 $0 Expense General Fund/Parks/Other Machinery&Equipment 00121072-066490 $7,000 $0 i 31 i Consent Aaenda Indian River County Interoffice Memorandum Qj F Office of Management & Budget To: Members of the Boounty Commissioners From: Jason E. Brown Director, Office of Ma age nt & Budget Date: September 15, 2015 Subject: Miscellaneous Budget Amendment 026 Description and Conditions The 2014/2015 fiscal year ends September 30, 2015. All budget amendments must be completed within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statutes. Staff is requesting the Board of County Commissioners to authorize the Budget Director to complete any necessary budget amendments for balancing the budget for the 2014/2015 fiscal year. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachment Budget Resolution APPROVED AGENDA ITEM: B?R: p Indian River Coun roved Date Jose h A. Baird Administrator County AdministratorLegal FSeptember 22, 2015 Budget r Jr Department Risk Management 32 RESOLUTION NO. 2015- 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2014-2015 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 10, 2015, THROUGH AND INCLUDING NOVEMBER 30, 2015. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2014-2015 budget prior to the closing of the fiscal year; and WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1. The County Administrator, the Assistant County Administrator, and the Director of the Office of Management & Budget are authorized to execute all documents necessary to amend the Fiscal Year 2014-2015 budget, which may arise during the period commencing November 30, 2015, through and including November 10, 2015, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 22, 2015, and this Resolution shall expire without further action of this Board at the close of business on November 30, 2015. The foregoing resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc 33 RESOLUTION NO. 2015 - The Chairman thereupon declared the resolution duly passed and adopted this day of , 2015. i ATTEST: Jeffrey R. Smith, Clerk of Circuit BOARD OF COUNTY COMMISSIONERS and Court and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Wesley S. Davis, Chairman Approved as to form and legal sufficiency By: Ian Reingold, County Attorney i 2 34 � I I EX�IIBIT "A" 35 //s I 1 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 15,2014 i TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird,County Administrator Jason Brown, Director, Office of Management and Budge FROM: Jennifer Hyde, Purchasing Manage( SUBJECT: Approval of Sealed Bid Sale of 2605 53rd Avenue (Bid#2015033) BACKGROUND: On November 4, 2014, the Board authorized the purchase of 2605 53rd Avenue to acquire right-of-way necessary for planned widening of 261h Street, as well as the subsequent sealed bid sale of the remaining parcel, including a single family residence, once the right-of-way take was completed. i In accordance with F.S. 125.35, advertisements announcing the sale appeared on August 29, 2015 and September 5, 2015. An open house was also held to enable prospective buyers to examine the house. Two sealed bids were received and publicly opened on September 15, 2015 at 2:00 P.M. in the amounts of $18,346.00 and $60,000.00. RECOMMENDATION: Staff recommends that the Board of County Commissioners ratify and accept the high bid of$60,000.00 submitted by Bameric of VB, LLC. Staff further recommends the Board approve the attached Agreement to Purchase and Sell Real Estate and authorize the Chairman to execute the agreement and authorize the County Attorney's staff to prepare and execute any other necessary documents to complete the sale. Funds in the amount of$110,000.00 were deducted from Traffic Impact Fees/District II/ROW 26th Street,43rd Ave to 66th Ave account#10215241-066120-06011 to acquire the parcel, and proceeds from this sale will be returned to that fund. ATTACHMENTS: i Agreement to Purchase and Sell Real Estate APPROVED AGENDA ITEM Indian River Co Apprgyed Dale BY: Admin T Legal oseph . Baird, County Administrator Budget Department F0 A Risk Manager -- 36 I ' I i i AGREEMENT TO PURCHASE AND SELL REAL ESTATE ; THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of September , 2015, by and between Indian River County, ("County"), a political subdivision of the State of Florida, whose address is 1801 2711' Street, Vero Beach, FL 32960; and 13AMayiL o /' 1/IS L-LL (buyers full namr 96 /s- /9n,Mr64AIA <( Vero e 4C4 7--9 6 6 (buyer's address) (city) (state) (zip) ("Buyers"Y, who agree as follows: 1. Aqreement to Purchase and Sell. The County hereby agrees to sell to the Buyers, and the Buyers hereby agrees to purchase from County, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 2605 53'd Avenue Vero Beach, FL 32966 and more specifically described on Exhibit"A"attached hereto and incorporated by reference, containing approximately 0.28 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2. Purchase Price Effective Date. The purchase price (the "Purchase Price") for the Property shall be k tx / - dy /-9 it' 00/00 Dol/ars (written purch a price) 0 WO .00 . The Buyer has paid and the County acknowledges receipt of a cashie s check in the amount of one thousand ($1,000.00)that is currently being held in escrow by the County(Escrowed Funds). The balance of the Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County approves the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. County shall convey marketable title to the Property by County Deed free of claims, liens, easements and encumbrances of record or known to County; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents Buyer's intended use and development of the Property ("Permitted Exceptions"). 4. Representations of the County. 4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, County shall take no action 37 t which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the Buyers. 4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 1 5.1 In the event the Buyers shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the Buyers at or prior to the Closing Date and thereupon retain the Escrowed Funds as liquidated damages. Neither the County nor any other person or party shall have any claim for specific performance, damages, or otherwise against the Buyers; or(ii)waive the Buyer's default and proceed to Closing. 5.2 In the event the County shall fail to perform any of its obligations hereunder, the Buyers shall, at its sole option, be entitled to terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Buyers nor any other person or party shall have any claim for specific performance, damages or otherwise against the County; or(ii) waive the County's default and proceed to Closing. i 6. Closing 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 30 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The County shall execute and deliver to the Buyers a County Deed conveying j marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The County shall have removed all of itc porconal prnrarty nnri aryl dpmonf frnm tha i Property and the County shall deliver possession of the Property to Buyers vacant and in the same or better condition that existed at the Effective Date hereof. (c) If County is obligated to discharge any encumbrances at or prior to Closing and fails to do so, Buyers may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the County is a non-resident alien or foreign entity, County shall deliver to the Buyers an affidavit, in a form acceptable to the Buyers, certifying that the County and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. 38 i I ` I i (e) The County and the Buyers shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the County. 7. Closing Costs: Expenses. Buyers shall be responsible for preparation of all Closing documents. 7.1 Buyers shall pay the following expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by County pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. ' 7.1.3 All costs and premiums for the owner's marketability title insurance i commitment and policy, if any. i 7.1.4 Current taxes which are not yet due and payable i 7.2 County shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8: Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River Buyers for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the j parties with respect to this transaction and supersedes all prior agreements, written or oral, between the County and the Buyers relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. i i 8_3 Assignment and Binding Effect Neither Buyers nor County may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 39 8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight"courier service or facsimile transmission, as follows: If to Buyers: buyer's full name: A M S I,C 0f V6 L i L Address: 5- r'N.4C,¢,,/,412,d City, State, Zip: - 3 Phone: r7-72-) Email: /C If to County: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL. 32960 Phone: 772-226-1426 bdebraal@ircgov.com Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.0 Property is Being sold "Where Is As Is" The County makes no guaranty or warranty as to the Property or any of its str ctures or their contents. The sale is not contingent upon buyer obtaining financin i is,Dpt contingent upon a satisfactory inspection report. Buyer's Initials Buyer's initial , -4 40 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. Buyer: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By. Print Name: Wesley S. Davis, Chairman Date BCC Approved: By: Print Name: Date Signed by Buyer: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency. A,k"- William-K. DeBraa Deputy County Attorney c 41 LEGAL DESCRIPTION: REMAINDER OF LOT1 D; 0 30 so COR.-CORNER A PORTION OF LOT 1, BLOCK G. OF DODGERTOWN SUBDIVISION. AS RECORDED IN I.R.F.W.C.D.-INDIAN RIVER FARMS WATER PLAT BOOK 3, PAGE 49, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, L-ARC LENGTH OISTRK T FLORIDA; SAID LAND LYING IN SECTION 33, TOWNSHIP 32 SOUTH. RANGE 39 EAST; O.R.B.-OFFICIAL RECORDS BOOK GRAPHIC SCALE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: P.B.-PLAT BOOK P.I.D.-PARCEL IDENTIFICATON PER PROPERTY APPRAISER ( IN FEET ) P.O.B.-POINT OF BEGINNING COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1. THENCE RUN NOO'00'00"E. P.O.C.-POINT OF COMMENCEMENT ALONG THE WEST UNE OF SAID LOT 1. A DISTANCE OF 25.00 FEET TO A POINT ON P.S.M.-PROFESSIONAL SURVEYOR AND MAPPER THE PROPOSED NORTH RIGHT OF WAY .UNE OF 26TH STREET FOR A POINT OF R -RI s /WW-RICHT OF WAY 6 BEGINNING; THENCE CONTINUE NOO-00.00"E A DISTANCE OF 95.70 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE DEPARTING THE WEST UNE OF SAID LOT 2 ; LOT 1. RUN N89'30'00"E. ALONG THE NORTH UNE OF SAID LOT 1, A DISTANCE OF I -� ! 130.40 FEET TO THE NORTHEAST CORNER OF SAID LOT 1. SAID POINT ALSO LYING DODGERTOWN o; z ON THE WEST RIGHT OF WAY UNE OF 53RD AVENUE (70 FOOT WIDE RIGHT OFB SUBDIVISION JI WAY); THENCE DEPARTING SAID NORTH LINE RUN S00'08'33"E, ALONG THE EAST LOT o I , 3 UNE OF SAID LOT 1 AND SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 70.60 p BLOCK G FEET TO A POINT ON THE PROPOSED NORTH RIGHT OF WAY UNE OF 26TH STREET; P.B. 3, PG. 49 THENCE DEPARTING THE EAST UNE OF SAID LOT 1 AND SAID WEST RIGHT OF WAY 33 } LINE, RUN S4439'14W A DISTANCE OF 35.48 FEET; THENCE RUN S89'27'00"W N89'30'00'E130.40V.,'-', 4 iiw ALONG SAID PROPOSED NORTH RIGHT OF WAY UNE SAID UNE BEING PARALLEL o PUBLIC u R ... ' c r EASEMENT PER / N• LINA, S WITH THE EXISTING NORTH RIGHT OF WAY UNE OF 26TH STREET, A DISTANCE OF a-^ // .B. 3. Pc. 49 T ( W 00 o � 105.64 FEET TO THE POINT OF BEGINNING. a /L j.,1 o o �ON AINING: - CONTAINING: 0.28 ACRES (12,170 SQUARE FEET), MORE OR LESS. _ ;; ;�+/- 0.29 ACRES LLl N:. (12.170 SO. FT.) o o N 3 SURVEYORS NOTES: / R/W LINE i.�a0 > w 1. THIS SKETCH OF DESCRIPTION IS NOT VALID WM40UT THE SIGNATURE AND ORIGINAL 3 RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 89'27'00"W 105.64' '� o P.O.B.P 06Ao01TI0NAL R/W 2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REOUIREIIENTS OF Nar00'00'E-+ , (SEE SEPARATE M THE STANDARDS OF PRACTICE ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE 25.00' INSTRUMENT) CODE. -- -- 3 P.O.C. ses•z oo-v- 3. THIS SKETCH OF DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, SW COR., LOT 1 R RESTMC710NS, RESERVATIONS, OR RIGHT OF NOT SHOWN. BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER CW�ORIOA ------ 4. THE BEARINGS SHOWN HEREON ARE BASED U� bk�,•OF LOT 1, BLOCK C. 26th STREET OF THE PLAT OF OOOGERTOWN SU80MSION (M D BEARING OF EXISTING N. Naroo'oo'E. .,�L `;t .■•;` � �• ;; R/W UNE CERTIFICATION r $ :" "...a7 ~�; �',::.> I.R.F.W.C.D. SUB—LATERAL A-3 CANAL SURVEYOR AND MAPPER IN RESPCi THIS IS NOT A BOUNDARY SURVEY DAVID M. SILON P.S.M. '` ' 'ti ti's• v ,:; SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA REGISTRATION No. 6'639'1,; .�� g;;, PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER ASS COUNTY U 01 " *" NOAH RIVER COUNTY ADMINISTRATION BIAL Ez/ SECTION .�.� SKETCH OF DESCR/Pl/ON F' 1001 271n STREET 1A 4fpYER COUNTY 0.S11 VERO LEACH, FL 32900 DsoQrl�Tsn1 of Pub//c Works By: TOWNSHIP ,3?S. ALMA/AIDER OF LOT !, 'BLOCK C' / (772) 597-0000 En /nssr/n O/v/s/on RA .39E. DOM-RTOWN SUBO/V/S/ON r FORM 8B MEMORANDUM OF VOTING CONFLICT FOR j COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS j LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD.COUNCIL COMMISSION.AUTHORITY,OR COMMITTEE Davis Wesley S. Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION.AUTHORITY OR COMMITTEE ON 1801 27th Street, Building A WHICH I SERVE IS A UNrr OF, CITY COUNTY O CITY WOUNTY O OTHER LOCAL AGENCY Vero Beach Indian River NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: .; =tamha�2 XR ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES R A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (otherthan a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity j For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) i APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed. I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A_copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Wesley S. Davis hereby disclose that on antPmh r 22 ,20 11 (a)A measure came or,will come before my agency which(check one) inured to my special private gain or loss; X inured to the special gain or loss of my business associate, Rick Baker was successful bidder inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or inured to the speciai gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: i September 22, 2015 Date Filed Signature Wesley S. Davis NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 f INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 14, 2014 j TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Sealed Bid Sale of 5940 261h Street BACKGROUND: On August 19, 2014, the Board authorized the purchase of 5940 26th Street to acquire right-of-way necessary for planned widening of 26th Street, as well as the subsequent sealed bid sale of the remaining parcel, including a single family residence, once the right-of-way take was completed. In accordance with F.S. 125.35, advertisements announcing the sale appeared on August 29, 2015 and September 5, 2015. An open house was also held to enable prospective buyers to examine the house. Three sealed bids were received and publicly opened on September 14, 2015 at 2:00 P.M. in the amounts of $14,572.00, $50,000.00, and$106,000.00. 1 RECOMMENDATION: Staff recommends that the Board of County Commissioners ratify and accept the high bid of$106,000.00 submitted by Tuan Nguyen. Staff further recommends the Board approve the attached Agreement to Purchase and Sell Real Estate and authorize the Chairman to execute the agreement. Finally, staff recommends the Board authorize the County Attorney's staff to prepare and execute any other necessary documents to complete the sale. Funds in the amount of$105,000.00 were deducted from Traffic Impact Fees/District II/ROW 26th Street, I 43rd Ave to 66th Ave account #10215241-066120-06011 to acquire the parcel, and proceeds from this sale will be returned-to that fund. ATTACHMENTS: Agreement to Purchase and Sell Real Estate APPROVED AGENDA ITEM Indian River Co A d Dat BY: Admin y Legal seph . Baird, County Administrator Budget Department _ y- FOR Risk Manager 43 I AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of September , 2015, by and between Indian River Y. Count ("County"),y ), a Political subdivision of the State of Flo ida, whose address is 1801 2711 Street, Vero Beach, FL 32960; and Maistap Ayer s address (city) Zip) ("Buyers"), who agree as follows: 1. Agreement to Purchase and Sell The County hereby agrees to sell to the Buyers, and the Buyers hereby agrees to purchase from County, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 5940 26—th Street Vero Beach, FL 32966 and more specifically described on Exhibit "A" attached hereto and incorporated by reference, containing approximately 0.60 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). �tx I ' 2. Purchase Price E ctive �eT rchase price a "Purchase Price") for the Property shall be 00/00 Dollars (written purchase price) 00 . The Buyer has paid and the County acknowledges receipt of a cashier's i6heck in the amount of one thousand ($1,000.00)that is currently being held in escrow by the County(Escrowed Funds). The balance of the Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County approves the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. County shall convey marketable title to the Property by County Deed free of claims, liens, easements and encumbrances of record or known to County; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents Buyer's intended use and development of the Property ("Permitted Exceptions"). 4. Representations of the Count' 4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, County shall take no action 44 ; which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the Buyers. 4.3 There are no existing or pending special assessments affecting the Property,which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the Buyers shall fail to perform any of its obligations hereunder, the I County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the Buyers at or prior to the Closing Date and thereupon retain the Escrowed Funds as liquidated damages. Neither the County nor any other person or party shall have any claim for specific performance, damages, or otherwise against the Buyers; or(ii)waive the Buyer's default and proceed to Closing. 5.2 In the event the County shall fail to perform any of its obligations hereunder, the Buyers shall, at its sole option, be entitled to terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Buyers nor any other person or party shall have any claim for specific performance, damages or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 30 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The County shall execute and deliver to the Buyers a County Deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The County shall have removed all of its personal property and equipment from the Property and the County shall deliver possession of the Property to Buyers vacant and in the same or better condition that existed at the Effective Date hereof. (c) If County is obligated to discharge any encumbrances at or prior to Closing and fails to do so, Buyers may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the County is a non-resident alien or foreign entity, County shall deliver to the Buyers an affidavit, in a form acceptable to the Buyers, certifying that the County and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. 45 'I 1 i i (e) The County and the Buyers shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the County. 7. Closing Costs: Expenses. Buyers shall be responsible for preparation of all Closing documents. i 7.1 Buyers shall pay the following expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by County pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.1.4 Current taxes which are not yet due and payable 7.2 County shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River Buyers for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the County and the Buyers relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8_3 Assignment and Binding Effect. Neither Buyers nor County may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 46 8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight"courier service or facsimile transmission, as follows: j If to Buyers: buyer's full name: Address: City, State, Zip: Phone: !-— Email: 62, C2 C.6)1 y If to County: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL. 32960 Phone: 772-226-1426 bdebraal@ircgov.com Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.0 Property is Being sold "Where Is, As Is" The County makes no guaranty or warranty as to the Property or any of its structures or their contents. The sale is not contingent upon buyer obtaining financing. This sale is not contingent upon a s actory inspection report. Buyer's Initials f Buyer's initials _ -4 47 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. Buyer: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By. Print Name. Wesley S. Davis, Chairman By: Date BCC Approved: Print Name: Date Signed by Buyer: Attest: Jeffrey R. Smith. Clerk of Court and Comptroller j By Approved as to form and legal Deputy Clerk sufficiency. William K. DeBraal Deputy County Attorney i -s- 48 EXHIBIT A LEGAL DESCRIPTION , INDIAN RIVER FARMS COMPANY SUBDIVISION PLAT BOOK OF ST. LUCIE COUNTY 2-25, PART OF THE EAST 10.47 ACRES OF THE WEST 20.47 ACRES OF TRACT 16 BEING A LOT 137 FEET BY 225 FEET AS IN RECORD BOOK 14, PAGE 130, LESS RIGHT-OF-WAY AS IN OFFICIAL RECORD BOOK 1093 PAGE 910; LESS THAT ADDITIONAL ROAD RIGHT-OF-WAY AS DESCRIBED IN THE BOARD OF COUNTY COMMISSIONER'S RESOLUTION NO. 2015-038 AS MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORD BOOK 2831, PAGE 1101 49 f LEXHIBIT LEGAL DESCRIPTION A PORTION OF TRACT 18, SECTION 32. TOWNSHIP 32 SOUTH, RANGE 39 EAST. ACCORDING TO THE LAST GENERAL PUT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION. AS RECORDED IN PLAT BOOK 2. PAGE 25 OF THE PUBLIC RECORDS OF ST LUCIE COUNTY. FLORIDA: SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 32, TOWNSHIP 32 SOUTH. RANGE 39 EAST, AND RUN WEST. ALONG THE SOUTH UNE OF SAID SECTION 32, ALSO BONG THE SOUTH UNE OF TRACT 16, A DISTANCE OF 883.6 FEET, THENCE. LEAVING SAID SECTION UNE. RUN NORTH A DISTANCE OF 90 FEET TO A POINT ON THE NORTH RK:HT-OF-WAY UNE OF 26TH STREET. AND THE POINT OF BEGINNING. THENCE RUN WEST. ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 137 FEET; THENCE. LEAVING SAID RIGHT-OF-WAY LINE, RUN NORTH A DISTANCE OF 190 FEET; THENCE RUN EAST DISTANCE OF 137 FEET; THENCE RUN SOUTH A DISTANCE OF 190 FEET TO THE POINT OF BEGINNING. SAID PARCEL ALSO KNOWN AS THE NORTH 190 FEET OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2784, PAGE 2015 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. CONTAINING 26030.0 SQUARE FEET. MORE OR LESS. OR 0.60 ACRES. 1 NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREIN. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. i 3. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN. CER'TIFlCATIOIV�:.����•�.`���"Cj� •�� SU R AND, NOT VAUD WITHOUT BOTH SHEETS 1 AND 2 AS CREATED FL x'(� THIS IS NOT A BOUNDARY SURVEY-SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA RE 0. � INDIAN RIVER COUtiY•. . .;%Z;'':' PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DIVISION para coaxer 117b1AN RIVER COUNTY °g;ROACH SECTION 32 SKETCH/DESCRIPTION � MlooC smat '•.,, 32 REMMHDER PARCEL / v[n0 KAdt R JiNo '��.•.•• (M 047-0000 Enginoodng DivislonIL MM RIVER COUNTY PARCEL-3940 26TH 2 0 0 20 so so GRAPHIC SCALE Ix. IFS (D)-DEED I.R.F.W.C.D.-INDIAN RfVER FARMS WATER CONTROL DISTRICT O.R.B.-OFFICIAL RECORD BOOK (P)-PLAT P.B.-PLAT BOOK P.B.S.-PLAT BOOK, ST LUCIE COUNTY PG.-PACE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT u-39-M-00001-0180-00001A 32-30-u-CMI-0140-40MA R/W-RWT—OF—WAY $a Aeamll&am 2m Vow 111ID401 AM BLOCK( O.R.Q. I377.m 1134 sRt Aoollag OM WIN aff t t O,AJL 2147,M 2241 -- E)=MG R W LINE _ I P. I It i W — U — � I PREPARED FOR a I __ � 1�7 R UNE �. -- F"0i ion m 910 INDIAN»::M�— IND RIVER COUNTY ____#+ ENGINEERING DIVISION19 j NOT VALID WITHOUT ----- ------------------------------------ ------__ ---------------------- I BOTH SHEETS t AND 2 � ! ¢ 26TH �� � I AS CREATED r Eta I Et .r P.O.C. THIS IS NOT — — — �— s La+e tltAer le a sEcnoN 32—�-39 _w¢sT 663.6'�b) 33� 33 A BOUNDARY SURVEY— N LINE SECTION 5-33-39 �— ss Cda�[tt >Ioceon �2.6 A 4 SKETCH TO ACCOMPANY 7=Rm LEGAL DESCRIPTION R oaRm ADMD=nWM @!jEnjl__.a__ DIAN RIVER COUNTY M""" SECTION 32 SKETCH/DESCRIPTION 94MT 1001 , stAQ7 B. ROACH 2 VIM lv4K R 12,11 n�nt of Plabllo Works REMAIt/0ER PARCEL (7n) ee7-e000Divlslon 38 trOUN Rtvpt COUNTY PARCEL-5940 26TH 2 VAT, . Consent Cr M INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird County Administrator FROM: Jason E. Brown, CGFO Director—Office of Managem nt&Budget DATE: September 15, 2015 SUBJECT: Authorize County Administrator to Execute an Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policy Staff seeks approval for the County Administrator to execute an agreement with Florida Blue for the County's Excess Loss/Reinsurance Policy for the 2015/2016 plan year at the September 22, 2015 regular meeting of the Board of County Commissioners. Excess Loss/Reinsurance Program Although the County is self-insured in its Group Medical Insurance Program, we carry a policy that reimburses the County for claims that exceed a specific limit. In the industry, these policies are known as Stop Loss Policies, Excess Loss Policies, or Reinsurance Policies. The County currently uses Sun Life Insurance as the reinsurance carrier. The County's insurance broker (Gehring Group) has solicited and received quotes from the County's current stop-loss carrier (Sun Life), as well as Florida Blue (administered by HM Life), and Symetra for the 2015/16 plan year. The table below summarizes the six (6)renewal proposals received for the 2015/2016 plan year. Aggregate Increase Specific Spec. Annual Fixed (Dec.) from % Increase O tion Insurer Deductible Deductible Premium CurrentDecrease � _ Renewal Sun Life $275,000 $148,750 $645,120 $178,176 38.2% Option 1 Sun Life $300,000 $148,750 $568,320 $101,376 21.7% .v�ai:�.�i=`'.-�.?`.�; ..t;7:4°:"��,t" i.!`-y •�l:• "2:".`:3••``.4,..' 1 C'yY<ti' .:S`� moi'-�-•'•�4 t':.:,1.�y;2• tionf2':t;' ?FlondarBlii� �� 1.�:�..;_�.,.:tee 'S.>� ?,�.��.� ....�.:�• :-$ 8�750=�_ :. 59 � .,;� '$36�09.6�'> 7 ^Io r..;�o-"; .K_, a�t _- — _ .r..i's-•✓fir'::.sT.a:•tie'�,c?f-:!=F=.::_-�.�iYks=�?}u.:f?•:Cn'=',.s,• ':i•;ie{: `.�v.: „'y:= .E" ``u""-`7'i-:d.'t is-^.:;�.t., :.d`NCf:fi:a-r:.y.'?::5. -- - -- - _ 'i-�r:i,:'l,�Y... �=�p4rr• - Florida,�B�l'uer'. -t:�.$3000_OO. �t :$1r,48�7h50;� `��,•��,_ •� .,t^,. �. 'ti_ o = >x.._-,,.-�_. - - -,.,,.�,-. iri ;•�•�-YE�E.- -."•..: .=s. .-$451„008-' y;r�($'l�5„936);; ;.:.':�"=3:'_4:/0 ' "`• v:-vxG,,,.rv:ct'-:.j:% ?.�x -.iii:•., .s _v:•:. iL;re!::. Option 4 Symetra $275,000 $148,750 $720,768 $253,824 54.4% Option 5 Symetra $300,000 $148,750 $633,408 $166,464 52 I Board of County Commissioners Page 2 of 2 September 15, 2015 Analysis: The Gehring Group obtained proposals from the existing carrier (Sun Life), as well as Florida Blue and Symetra for the renewal. Pricing was provided by each carrier for two options. First is a renewal with no change in the Specific Stop Loss deductible ($275,000) or the Aggregate Specific deductible ($148,750). It should be noted that the Specific Stop Loss deductible ($275,000) per covered individual i and the Aggregate Specific deductible ($148,750) must be met before the County is eligible for reimbursement. All claims paid in excess of $275,000 are counted towards the Aggregate Specific deductible whether it is one claim or several claims. Additionally, each carrier provided pricing for coverage with an increase in the Specific Stop Loss deductible by $25,000 to $300,000 while maintaining the Aggregate Specific deductible of$148,750. Option 3, from Florida Blue provides the lowest fixed premium for the plan year. The proposed premium of$451,008 is a decrease of$15,936, or 3.4% from the current year. This option comes with an increase in the Specific Stop Loss deductible from $275,000 to $300,000. In the event that the County has two (2) or fewer large claims, this option provides a savings over Option 2 (the second lowest premium). In the event that the County has three (3) or more claims, this option results in a higher potential exposure to the County. However, this additional exposure can be absorbed by the Health Insurance Trust Fund in the event of several large claims. Also, the County typically has fewer than three (3) large claims in a year, meaning that in most years, this choice would result in the lowest total cost. For these reasons, staff recommends approval of Option 3. Recommendation Staff recommends the Board authorize the County Administrator to execute the agreement for Option 3 with Florida Blue for the County's Excess Loss/Reinsurance Policy for plan year 2015/16. Attachments Agreement with Florida Blue Approval Date Indian River County Reinsurance Analysis — Administration 9A 7 5 2015/16 Legal APPROVED FOR AGENDA: Budget 6 Human Resources By: Joseph A. Baird, County Administrator .I For: September 22 2015 Date 53 Indian River County BOCC Self Funded Reinsurance RFP Evaluation GEHRING dGROUP .t lmsu�ANC I PROWE 03AAE& CON SULrA my% Effective Date: 10/1/2015 Current Renewal Option I Option 2 Option 3 Sun Life Sun Life Sun Life Florida Rlul� Florida Blue W.E01711C$TQP-k gdj Lifetime Maximum(Per Person) Unlimited Unlimited Unlimited Unlimited Unlimited Annual Maximum Unlimited Unlimited Unlimited Unlimited Unlimited Claims Basis 36/12 Paid Paid 24/12 24/12 I le Composite Rate 1600 $22.82 $32.02 $28.02 $24.76 $22.02 T 4 44 53 .00 MA L8,4 371", vlw,-?�i VR & KEA P!LO$ .lk Included Coverage Medical&Rx Medical&Rx Medical&Rx Medical&Rx Medical&Rx Loss Corridor 125% 125% 125% 12S% 125% Annual Maximum $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Claims Basis 36/12 Paid Paid 24/12 24/12 Composite Rate 1600 $1.50 $1.58 $1.58 $1.44 $1.47 M', rnngmx, 4,�- •1 U , t 0�� R4., 1 1.1":,# ng M _T5 rz,� it �$29MOMQ 2 t , L-11 rR Total Fixed Costs $466,944.00 $568,3*20.00 $503,040.00 $451,008.00 $increase(Decrease) N/A $178,146.00 $101,376.00 $36,096;00 ($15,936.00) %Increase(Decrease) 471% 7.73% -3.41% C-T-ED,.CMM$,C N -OR IVA 1 ;* 0 OSTS""AQ-Q. IMM&.1.0s Single 1600 $747.37 $911.78 $916.63 $805.23 $808.43 �4 $1-74Sft334 I $1SV t454 r4O .�jp- 1,V J" ' "I � I r M 1 7 6-: ;j Wn= 894'4%1j�� $increase N/A $3,156,787.20 $3,249,868.80 $1,110,988.80 $1,172,428.80 %Increase N/A 22.00% 22.65% 7.74% 8.17% TOTAL EXPECTED COST $14,816,409.60 $19,151,372.90 $18,167,654.40 $15,963,494:40 $15,972,902.40 $Increase(Decrease) N/A $3;334,963.20 $3,35I,244.90 $1,147,084.80 $1,156,492.80 %Increase(Decrease) N/A 22.51% 22.62% 7.74% 7.81% 111IM11111,I'm Is ERIC ia ,;,Tk5m, 4 M�Mff f, l 2141 9 wiiQWW,1�-iffi) — st Claims Corridor% 125% 125% 125% 125% 125% Composite 1600 $934.21 $1,139.73 $1,145.79 $1,006.54 $1,010.54 670,;EIMIN LYii t§3! 12. 3, I , V $19,828,608.00 8,403;,776.00- $19,853,376.00 TOTAL MAXIMUM COST 2 52 3 �00 $2Z567,488.00 $Increase(Decrease) N/A $4;124,160-00 $4i163;712.00 $1,424,932.00 $1,449,600.00 ,%Increase(Decrease) N/A 22;41% 2.2.62% 7.74% 7.88% LAI Indian River County BOCC Self Funded Reinsurance RFP Evaluation GLI UP Effective Date: 10/1/2015 INSURANCE a R 0 K E A S CONSULTANTS Current Option 4 Option S Sun Lif,� r Symetra Symetrn z 5M g ,ggr,e PVng bpeCIM c" ,J_ Lifetime Maximum(Per Person) Unlimited Unlimited Unlimited Annual Maximum Unlimited Unlimited Unlimited Claims Basis 36/22 24/12 24/12 Composite Rate 1600 $22.82 $35.93 $31.29 57 s7d Nj MIRAL'. 'A R,6k IFG-A-T-E`�—Sid'0`11 Cos S AK Included Coverage Medical&Rx Medical&Rx Medical&Rx Loss Corridor 125% 125% 125% Annual Maximum $1,000,000 $1,000,000 $1,000,000 Claims Basis 36/12 24/12 24/12 Composite Rate 1600 $1.50 $1.61 $1.71 r 3CS! Total Fixed Costs $466,944.'00 $720,768.00 '$03,408.00 $Increase(Decrease) N/A $253,824.00 $166,464.00 %Incr ase,(Pecrea 54.36%. 35.65% UVE Single 1600 $747.37 $906.70 $910.06 N 4-6 5 M X07 i19 X� 3� 17�5&0 $increase N/A $3,059,251.20 $3,123,609.60 %Increase N/A 21.32% 21.77% TOTAL EXPECTED COST $14,916,409.60 $18,129,484—.80 $18,106,493.20 $Increase(Decrease) N/A $3,313,075.20 $3,290,073.60 %Increase(Decrease) N/A22.36% 22.21% Claims Corridor% 125% 125% 125% Composite 1600 $934.21 $1,133.38 W $1,137.57 3 vi.4 $2117.6 iiiumm �,.r- Room= TOTAL MAXIMUM'CO $Increase(Decrease) $18,403;776.00 $22,481,'6".00 j22,474,7S2;00 N/A $4,077,898.00 $4,070,'976.00 %Increase(Decrease) N/A 22.16% 22.12% .I I Niue Cros a+ui Nli:r Shicid rssociil;iun STOP LOSS PROPOSAL FOR -- --____ Indian River County BOCC Sales Representative: George Eppl Broker: Gehring Group Effective Date: 10/01/2015 TPA: Florida Blue Through Date: 09/30/2016 Provider Network(s): Florida Blue Utilization Review Vendor(s): Florida Blue Specific Deductible(per Covered Individual) ' =f: �A�>-__ s_�-_•__ a' 330. Policy cy Year ? $2750001'• .'$300.000 Poli Maximum Specific Benefit . ; ; . Urillmite`d. '.�rriUiiliimted -Unlimi!ted Lifetime Maximum Specific Benefit .mie+d' �tCovered Benefits U�iut ed --. MedRx;Cartl � ? =��nj Specific.Premium ----- --- __ - ----- -= 4' ----- Composite88 Rate _ -------- -- - _.: . - - -24 Total Lives 1,565 °` " 1,565 Estimated Contract Specific Premium - Contract Aggregating Specific Loss Fund $'14 `314$'751) 8,150 • Contract Basis $J48;760 _ --- _ .,. ;;t,`�;�:;�.:.,,=--,-�_• -. -�,�-.�_ '024112 Commission 00ie .. % •• Covered Benefits : _ ,- :`-, Med Rxit a . F Card Qa fir•-.6T.�-�-,�.s Policy Mei RX �1 , P Year Maximum �"1'�a:�; y- ': g:;-� ���-: ,.<� Wc,Card`. _ Viz',--. A99ni3gate_Facto --------------- 'i$1;000,000 .1� YVKMS�1f00ppp0� _ S 000 Composite Med&Rx Card Factor _-------- '--- `�� :.`:;`" — t, -' _ _ 1,565 $t1 00153'; �sE:100654;, f Estimated Contract Attachment Point __- -3 - - 1 565 -'-�-- .,�,-�-r.� __ $x8;808;733, .z $18,902,82;1k, 18 9T11 Contract Minimum Attachment Point(100%) - ,jgf � ���-���-�=Pei $18�9,7�7941 Aggregate Corridor '3125'�i �125°K Contract Basis i. 125.E - ----------- •24/:1.2:' �:����.�=_-� ;24/12. Composite Rate -------- 1,565----- --. ---- $1`41'...6` ,u:. T44 } Estimated Contract Aggregate Premium 1,565 K "' � $ '{ ?$1.471 $26;480' l '`:,' •r$ 7,043 $27;607 Commission -Total Combined Estimated Contract Premium $563,024 -- -- -----�-- ----- $492,036---- $441,142 Note:This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages. Individual Special Requirements: t•1 56 At;independent Liccr+see 01 thu 8111"-CSTOP LOSS PROPOSAL FORC-55 and Bine Shield A,s�ciaf cr. Indian River County BOCC PROPOSAL NOTES ;j i The rates and factors in this proposal are firm. Please provide a signed proposal,binder check and signed application. Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50%of the group specific deductible.Large claim data must include:age,sex,diagnosis,prognosis,treatment plan,case management notes(if applicable),Pre-Cert and paid/pended claims. • The specific rates in this proposal are based on an aggregating specific arrangement. Total S premium and the aggregating specific fund. peck Liability incudes estimated contractspecific • Human Organ Transplant benefits are payable in accordance with the underlying plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. PROPOSAL ACCEPTANCE Please acknowledge acceptance of the terms in this proposal by signing and returning by 08/28/2015(no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included,by checking the appropriate boxes on the previous page. Failure to remit the signed agreement within the same period will result in updated large claim disclosure(and Gaims)being required for our review. Signature: Title: Accepted on the day of 20 APPROVED AS TO FORM AND LEGAL SUFFICI I BY i DYLAN REINGOLD COUNTY ATTORNEY r i ,�.fi;"• � .: r1J: f` •�i - ;�r.e`;r�::;r,,i`:1 ..' `.` , '(iii?� ..•4 57 i F&144 ., B&e 07%. C� An independern Licensee of thv ST OP LOSS PROPOSAL FOR eit,e c_'t,_s and r,it Shield Associate'" Indian River County BOCC BASIS OF OFFER initials- date. Assumptions • Aggregate coverage is only available when purchased with Specific coverage. • This proposal is subject to revision if there is a change in effective or renewal dates,or a change in the plan of benefits. • This proposal is based on the utilization of the Provider Network(s)and the Utilization Review Vendor(s)listed on this proposal. • This proposal assumes a minimum participation level of 75%applies for all eligible enrollees under a contributory plan,and 100%under a non- contributory plan. • This proposal assumes the plan of benefits includes a pre-certification,utilization review and large case management program. • This proposal is based on a description of the employee benefit plan(s)provided and approved by HMIG,employee and dependent census data, submission of any requested claim information,plus any other information relevant to the underwriting risk. If any of the information was incorrect or changes the risk involved,the rates and factors will be modified,and the specific and aggregate claims will be adjusted accordingly • Surcharges(including the bad debt and charity surcharge portion of the New York Reform Act applicable to services are rendered in New York State),pool charges,and/or covered lives assessments may be covered under the stop loss policy if such charges are considered a claim cost. HM is not responsible for the fling,and/or payment of any assessment for which HM is not directly liable including but not limited to the New Hampshire Vaccine Assessment as modified by NH HB 664. • All standard Poli provisions Policy p apply. The laws of the state where the policy is issued will apply. Certain exclusions and limitations may apply. Retirees are included in the stop loss coverage. • This proposal will expire on the proposed effective date. • Unless otherwise limited or excluded by the stop loss policy or under the Individual Special Requirements,eligible claim expenses under the stop loss policy will follow the covered underlying plan,up to the proposed Specific Benefit Maximum. The Agent is property licensed and appointed by HMIG. The initial rates are guaranteed for the proposed policy period unless otherwise noted. • There are not more than 15%COBRA participants. Qualthcations • Any stop loss insurance requested and requested effective date of that coverage must be approved by us under our current rules and practices. • Our approval is subject to receipt of Disclosure,Claim Information and any other information requested in connection with this proposal-including but not limited to a completed Disclosure Form,Application,first month's premium check,signed proposal,final census,and any otherrequired information as stated under the Assumptions or Individual Special Requirements. Such information must be received prior to the proposed effective date. Information contained on the Disclosure Form should be current up to the date of signature,and be completed in its entirety. Failure to do so will result in approval being denied or delayed until a later effective date. • Both the premium rates and the aggregate factors are subject to change should the number of employees change by 10%or more,either in total and/or by single/family mix. A signed and dated Plan Document is required within 30 days of the effective date. If the descriptions of the benefits or plan provisions differ from what was initially utilized to underwrite the risk,the premium rates and aggregate factors may be subject to re-rating,retro-active to the effective date. • Quote assumes the Plan Document will include traditional industry provisions and definitions including,but not limited to the following: eligibility, HIPAA,termination provisions,extension for leave of absence or disability,FMLA,subrogation,transplants,COB,exclusions for job related injuries,experimental and cosmetic treatment,usual and customary charges,war,not medically necessary,traveling outside of the U S.solely for the purpose of receiving medical care. In the event that a Plan Document is not available within 30 days from the proposed effective date,we reserve the right to issue the Policy assuming standard exclusions will apply. ' • _. !-:. ci'lil!.` ?:;f;•ini:aF(F.-.{+Ill' �`\1�. ... it'.. .. ..';..ti�•�li• �(i%�E :1';1).3!1 j`IS:ai 1!I::c_ti il�t'?f Y.ta:!ai;ri!I: !,,:iti(ili't it• • i!!t:,.,8 ti. , _•.;fi'!;d;;F;! f.�i L in,,,a!,� ri''•ii IVu��(S:i�.., j - ••;n; /, 58 An hufepEndeni Liu.n.ec of the ST OP LOSS PROPOSAL FOR Mire Cross anti Byre Shield hsso.iaticr., Indian River County BOCC • HIPAA Privacy rules permit the release of Protected Health Information(PHI)for the purpose of evaluating and accepting risk associated with the Plan Sponsor as pari of'Health care operations" HMIG will use this information solely for the purpose of evaluating and accepting the risk and will not disclose any PHI collected except to perform this risk evaluation. • The rates and factors in this proposal are based on the disclosure of all individuals considered a special enrollee due to having previously satisfied the plan's lifetime maximum. Written acceptance by HM must be acknowledged before terms of coverage for such individuals are included under HM's stop loss policy Any stop loss policy issued by us may be rescinded or re-underwritten if any information requested in connection with this proposal was intentionally concealed or misrepresented by or on behalf of the Applicant and/or the Applicant's Agent,or if the Applicant and/or the Applicant's Agent commits fraud. • As used above: An"Agent"is the Applicant's representative,including but not limited to,the agent,producer or broker of record,or Claims Administrator. The'Applicant'is the entity,or that entity's authorized representative,that has contracted with us to provide stop loss coverage. A 'Claims Administrator"is a third party administrator(TPA)designated by the Applicant and approved by us. "Claim Information"consists of Complete Details of the data requested by us in connection with this proposal following a Diligent Review,such information includes but is not limited to Know or potential catastrophic claims,large claims and/or shock losses. "Complete Details'includes the name,social security number (or unique identifier),date of birth,diagnosis,prognosis(unless prognosis cannot be obtained due to reasons beyond your or your Claims Administrator's control)of the plan's participants and the name of the provider providing treatment to any such participant covered by or eligible for coverage. A'Diligent Review"consists of a complete review by you,and/or your Claims Administrator and/or your Agent prior to the date Known or potential catastrophic claims,large claims and/or shock losses are requested by us in connection with this proposal. 'Disclosure"consists of Complete Details and any other documentation requested by us in connection with this proposal following a Diligent Review including but not limited to census information and Claim Information. We consider information in connection with this proposal"Known'if,prior to the date or dates we request such information(including but not limited to Disclosure and Claim Information)a reasonable person can assume that you, and/or your Claims Administrator and/or your Agent had knowledge of any information that affects or may affect the administration or underwriting of any coverage issued following acceptance of coverage by us. ! .,._'11C�r.:..,.i'1:1 iV'lil(i 1l ( !tE l!i�f`•i! .:X;i'jL)! .. I- z r 4 - .• t :(i!f(� if!!I!t;! V:I t'i.i i', i.i•„ �lire li�cil:!^il`;':t.(i!tI::" '!k;'+!t[' '1i; !-;��. {�;;;I c; . ' - 'r, Iii; pruvid!fvi only agli!i!i .l!.3il et;58i"tl�;r.5 4.✓�:,., ! (1. ;A r 5 59 'i INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 14, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility services Prepared By: Cindy Corrente, Utilities Finance Manager Subject: Second Amendment to Elevated Water Tank Space 'cense Agreement with New Cingular Wireless PCS, LLC DESCRIPTIONS AND CONDITIONS: In March 2004, The Board of County Commissioners entered into a lease agreement with Bellsouth Mobility, DBA Cingular Wireless (now known as New Cingular Wireless). The agreement allowed the Licensee to install and operate a communications facility at the Utilities Department's elevated tank located at 1805 58th Avenue (Kings Highway Tank). The license fee was $20,000 per year and included a clause that required a four percent increase per year. On September 10, 2013, the lease was amended to allow for installation of additional equipment on the tank. Presently, the annual lease fee is $48,466.32. ANALYSIS: Recently, a representative for New Cingular Wireless contacted staff to request permission to install a Propane Generator at the site. Since additional ground space is require for the generator and propane tank, a new license fee of $53,393.16 per year was agreed upon. The four percent increase per year remains in effect as well. FUNDING: There is no cost to the department as a result of this lease. However, the department will receive revenues as a result of this lease agreement. The revenues will be recorded in the operating fund under the Radio Tower Rents account. The operating fund is used to cover daily expenses encountered to provide services to existing customers. ACCOUNT NO.: Description Account Number Amount Radio Tower Rents 471038-362011 $53,393.16 Page 1 of 2 60 RECOMMENDATION: Staff recommends the approval of the attached Second Amendment to Elevated Water Tank Space Agreement with New Cingular Wireless, PCS, LLC. and requests the Board authorize the Chairman to execute the attached lease on their behalf. ATTACHMENT(s): Second Amendment to Elevated Water Tank Space License Agreement APPROVED FOR AGENDA: By. r: / Indian River Co. Approved Date Jo eph A. Baird, County Administrator Administration Legal For: %S Budget ( Date Utilities b Utilities-Finance !(� i F:\Utilities\00_UTILITY-AGENDA TEMPLATE&GUIDELINES\2015 Agenda ttems\Agenda-AT&T Cellular LeaseSecond Amendment Kings Highway Tank.doc 61 at&ct Jackie Begue AT&T Mobility T:404-927-9130 Senior Paralegal and 675 West Peachtree Street F:404-927-3620 Assistant Corporate Secretary 42-090 J85602@att.com Atlanta,GA 30308 www.att.com i I NEW CINGULAR WIRELESS PCS, LLC ASSISTANT SECRETARY'S CERTIFICATE 1, Jackie Begue, do hereby certify that I am a duly elected, qualified and acting Assistant Secretary of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company(the"Company"), and as such I am authorized to execute this certificate. In such capacity, I further certify that: 1. Section 5.1 of the Company's Limited Liability Company Operating Agreement as amended on August 29, 2007 designates AT&T Mobility Corporation as the Manager of the Company, and AT&T Mobility Corporation remains the Manager of the Company on the date hereof. 2. Section 5.6 of the Company's Limited Liability Company Operating Agreement states as follows: "The Manager shall have, except as otherwise provided by this Agreement and the requirements of applicable law, the sole, exclusive, full and complete authority, power and discretion to manage and control the business, affairs and properties of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business, including, without limitation,the right and power to appoint individuals to serve as officers of the Company and to delegate authority to such officers." AT&T Mobility Corporation as the Manager of the Company has the authority under Section 5.6 of the Company's Limited Liability Company Operating Agreement to manage all of the business affairs of the Company. 3.: Section 5.15 of the Company's Limited Liability Company Operating Agreement states as follows: "Any person or entity dealing with the Company may rely on a certificate signed by the Manager or officer on any document purporting to bind the Company shall constitute exclusive evidence to third parties of the authority of such person to execute such document on behalf of the Company and so bind the Company." 62 i 4. Henry Galan, Area Manager Construction & Engineering, is authorized and empowered to execute and deliver in the name of and on behalf of the Company, any and all documents relating to that certain Seventh Amendment to Communication Tower Joint Use Agreement (R-96-1077D) by and between the Company and Palm Beach County, a political subdivision of the State of Florida. IN WITNESS WHEREOF, the undersigned has affixed her signature this 10th day of August, 2015. ?�ie Bcgue, Assistant Sec ary � i i I i i 63 i 1 Prepared Bv: Clerk.Please Cross Reference: Joselito Acbo Dated June 1,2004,filed for record General Dynamics June 8,2004,Entry No.1549608, 1750 Founders'Parkway,Suite 120 Book 1742,page 2186,Jeffery K.Barton, Alpharetta,Georgia 30004 Clerk of Circuit Court Indian River Country, Florida Return to: New Cingular Wireless PCS,LLC 575 Morosgo Drive Atlanta,Georgia 30324 Re: Cell Site Name: TC West Vero Fixed Asset Number: 10032101 State: Florida County: Iridian River i AMENDED AND RESTATED MEMORANDUM OF LICENSE AGREEMENT I This Amended and Restated Memorandum of License Agreement of the Elevated Water Tank Space License Agreement is dated as of day of , 2015, and is between Indian River County, a political subdivision of the State of Florida ("Licensor") and New Cingular Wireless PCS, LLC; a Delaware limited liability company successor by merger to BellSouth Mobility LLC, a Georgia limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 ("Licensee"). i 1. Licensor and Licensee entered into a certain Elevated Water Tank Space License Agreement dated March 23, 2004, as amended by that certain First Amendment to Elevated Water Tank Space License Agreement dated September 10, 2013, for the purpose of installing, operating and maintaining a communications facility and other improvements as described in Exhibit A attached hereto and made a part hereof, together with the improvements thereon ("Premises") and (ii) a Memorandum of License Agreement("Memorandum") dated as of June 1, 2004 and filed for record on June 8, 2004, in the Official Records of Indian River County, Florida at Instrument No. 1549608. Book 1742, Page 2186 (the"Memorandum") which Memorandum provides record notice of the License Agreement as it applies to the Premises. 1 64 i 2. The initial lease term under the Agreement commenced on March 23, 2004 and expired on March 22, 2009, with three (3) additional five (5) year renewal terms, the first term of which Licensee has already exercised. i 3. It is the intention of the Licensor and Licensee to amend and restate the previous Memorandum of License Agreement referenced above to increase the portion of the existing licensed property as described on Exhibit "A" of the Memorandum and reflect i the increase in size of the Premises as described in Exhibit "A-]"attached hereto. ,i I i i I 2 65 i IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Witnesses: Licensee: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation By: f Its: Manager Prin ne: ,P1 °•` ' a = - 1 B Print name: By: Its: RrA Ak Print Name: Ok' r I . lath eftDate: ? - 3 66 I I STATE OF fiOp P A ) COUNTY OF=_�U I•E; ) On the I S day of S 2015, bef re me, a Notary Public, personally appeared AN&_q q&AAt , as f— k f AT&T Mobility Corporatio , Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability corVpaov. "Licensee," who executed the foregoing instrument on behalf of said entity. Said person is personally known to me, or O produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state andco my last aforesaid. l [Affix Seal] Nota ubl State of &tpA Print name: Amu M eek 04V°� Notary Public State of Florida Serial number: 1 7 Amy M Meek c My Commission FF 110755 My commission expires: �v t '?oFn Expires 04108x2018 Licensor: ATTEST: Jeffrey R. Smith,Clerk of Court, INDIAN RIVER COUNTY BOARD OF and Comptroller COUNTY COMMISSIONERS By: By: Deputy Clerk Wesley S. Davis, Chairman Approved by BCC: ,2015. Approved: Approved as to form and legal sufficiency: Y-e-oph�Aaird,County Administrator DylafM Reingold,County Attorney i 3 67 STATE OF COUNTY OF On the day of , 2015, before me, a Notary Public, personally appeared , as of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person O is personally known to me, or O produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] Notary Public, State of Print name: Serial number: My commission expires: Licensor: ATTEST: Jeffrey R. Smith, Clerk of Court, INDIAN RIVER COUNTY BOARD OF and Comptroller COUNTY COMMISSIONERS By: By: Deputy Clerk Wesley S. Davis, Chairman Approved by BCC: ,2015. Approved: Approved as to form and legal��,cy; ?oseph��Ao�. aird, County Administrator Dylan T emgold,County Attorney 3 68 i EXHIBIT E Qa' 83'Q1 t31V1t 0.\'LL�l:.3 a t+"lw,#�tl�'hi, $ G � •�'� vs.:i'i•FJ4?90fl3n � ��1, .....�...,v/i�. �.,--i t IOc 101M)0 °s a fit, '• f�y� `moi hh41:rf.1.�1 ak Wd if .rx � ,r•� 1 a 1 N 1 I JJ� • g � Q�¢ .-.•—.�—�.�r ter._-- �"" i E§� i 99 � (SERER^ y \�!• � CG Gir � 1 69 '� i SECOND AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS SECOND AMENDMENT ("Second Amendment") is made and entered into as of the day of , 2015, to that certain Elevated Water Tank Space License Agreement, dated March 23, 2004 ("License Agreement) as amended by the First Amendment to the Elevated Tank Space Agreement, dated September 10, 2013 (First Amendment), by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, Georgia 30324 (the "Licensee"). WHEREAS, on March 23, 2004, Licensor and Licensee's predecessor in interest entered into the License Agreement in which Licensor authorized certain use of the Land and Elevated Tank, as set forth more fully therein which License Agreement was amended by the First i Amendment (collectively the Agreement); and WHEREAS, Licensee desires to install additional equipment on the Land and Elevated Tank, which equipment is described more fully on Exhibit E attached hereto ("Propane Generator"); and WHEREAS, Licensor is willing to allow installation of the Propane Generator, and related use of the Land and Elevated Tank, in accordance with the terms of this Second Amendment, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Propane Generator. Licensee shall have the right to install the Propane Generator on the Land and Elevated Tank as described more fully in Exhibit E, subject to the remaining terms of the Agreement and this Second Amendment. Installation of the Propane Generator shall be strictly in accordance with the plans previously submitted by Licensee and approved by Licensor's outside contractor ("Plans"). Licensee shall be responsible for all permits and assurances that installation of Propane Generator meets all applicable building codes and zoning requirements. Licensor authorizes Licensee to prepare, execute and file all required applications to obtain any government approvals for Licensee's use of the new premises area under this Agreement. Where applicable law governs how the generator will be used, Licensee may use the generator in the manner set forth in applicable law.No later than ninety (90) days after installation of the Propane Generator, Licensee shall obtain (at Licensee's expense) an inspection conducted by Licensor's outside contractor of the Propane Generator and the installation to confirm compliance with the Plans. Any material non-compliance with the Plans 1 70 shall immediately be corrected. A copy of the final inspection report shall be submitted to the Licensor. 3. Labeling of Equipment. In connection with the installation of the Propane Generator, Licensee shall label all of its equipment, including coaxial cables. located or to be located on the Land or the Elevated Tank; so that Licensor and its contractors are able to distinguish Licensee's equipment from equipment owned by other licensees. This requirement shall apply to all equipment/cables, not just the Propane Generator. Verification of labeling shall be included with the copy of the final inspection report as described in Section 2 of this Second Amendment. 4. License Fee. Commencing upon completion of installation of the Propane Generator, the annual license fee shall be increased to FIFTY-THREE THOUSAND, THREE HUNDRED NINETY-THREE and 16/100 DOLLARS ($53,393.16) to be paid in equal monthly installments of FOUR THOUSAND FOUR HUNDRED FORTY-NINE and 43/100 DOLLARS ($4,449.13). 5. Termination by Licensee. Termination by Licensee shall be in accordance with Section 9 of the original License Agreement dated March 23, 2004. The new license fee shall remain in effect until all equipment is removed from the New Premise Area and the site has been restored to its condition before the addition of the new equipment. Within one hundred twenty 120 days after termination of this Amendment, Licensee shall remove its equipment from the New Premises Area. 6. Notices. Notices to the Licensee shall be addressed to the following: Licensee: NEW CINGULAR WIRELESS PCS, LLC Billing Address: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site Name: WEST VERO (FL) Fixed Asset No: 10032101 575 Morosgo Drive Atlanta, GA 30324 With a copy to: NEW CINGULAR WIRELESS PCS, LLC Attn: AT&T Legal Department Re: Cell Site Name: WEST VERO (FL) Fixed Asset No: 10032101 208 S. Akard Street Dallas, TX 75202-4206 7. Remaining Terms. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. Capitalized terms not defined herein shall have the meaning set forth in the Agreement. 2 71 IN WITNESS WHEREOF, theparties hereto have executed this Amendment as of the day and year first above written. Witnesses: Licensee: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation � C Its: Manager Print Name: a. f By: /4 -.. Print ame: -Vr � By: Its: AA mz- `c4%1PP K i wl k Print Name: xathy-Roder 'LL-05- Date: - i 3 72 STATE OF fop P A ) COUNTY OF y1�V„ On the j s—day of SL� , 2015, bef re me, a Notary Public, personally appeared 1�04d2%j CeA#¢ti , as A&A A&k MW- L 4:1)f AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person)Ris personally known to me, or O produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] Nota ubl"c;State of �P.fn/lt .40Notary Public State of Floridarint name: nr M Nomerida �— Amy M Meek Serial number: ✓f!!�7 My Commission FF 110755 My commission expires- Ofr Z 1 7po` Expires 04/0812018 I Licensor: ATTEST: Jeffrey R. Smith,Clerk of Court, INDIAN RIVER COUNTY BOARD OF and Comptroller COUNTY COMMISSIONERS By. By. Deputy Clerk Wesley S. Davis, Chairman Approved by BCC: ,2015. i Approved: Approved as to form and legal sufficiency: QL��1 J eph A. gird,County Administrator Dyla" T.Reingold,County Attorney 3 73 I 1 STATE OF ) COUNTY OF ) On the day of , 2015; before me, a Notary Public. personally appeared , as of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a_Delaware limited liability company, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person O is personally known to me, or O produced to the satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted; executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] Notary Public, State of Print name: Serial number: My commission expires: I Licensor: ATTEST:- Jeffrey R. Smith,Clerk of Court, INDIAN RIVER COUNTY BOARD OF and Comptroller COUNTY COMMISSIONERS By. By. Deputy Clerk Wesley S. Davis, Chairman Approved by BCC: 2015. Approved: Approved as to form and legal sufficiency: 4- ?-h':L2 A. aird,County Administrator Dy T.Reingold,County Attorney I 3 74 I 'i EXHIBIT E I i 75 SITE NAME: * SOT GRP WEST VERO SITE NUMBER: at&t �. at&t .D.......,, i 10032101 II Your World. Delivered. GENERATOR INSTALLATION OBNSIiAL DYNAMICS 517E ADDRESS PROJEism CT SUMMARY AREA MAP LOCATION a "N MAP SHeCr# DRAWING SH IINDEX ITynON REv tt 1 VERO BEACH•TL.32966 m VE •at •fW.?.--.S. Q.S ;. p}y� 'i `jkld••:• r•?} [ T-, TITLE SHEET t _. II!{i■'d > TOWER TYPE: MATER TOWER 'rtv`^r i =1�@ •.��_iii__..'...__.__• �� - "__ .. .?~ �o-..- 7tT Cj.i -jt,, A-1 SITE PIAN JURISDICTION; INDIAN RIVER COUNTY 'I '�t: •��% _ - !!I 41' >:� l.* ` A-2 GENERATOR CUT SHEET 1 N TOMER OWNER ■ANN RIIER COUNTY t .� -. •t; ,9, A-3 GENERATOR CUT SHEET 1 Y1 a"Jt i 2000 ,57H STREET `� _ ;. .• - - = .' f 3 �••: ` A-4 FENCE DETAILS •- VERO BEACH.FL 32950 .. CONTACT: COUNTY CLERK _:�-===-7liT''t':-Wr.9_.. 1 C - ' ' S-I FOUNDATION DETAILS , -- PIKUNE: (77x)770-5153. E-1 I ELECTRICAL DETAILS , •°y n SITE NUMBER N/A1D .• ' i t�11 N'�+ 7 E-x ELECTRICAL R GROUNDING DETAILS t -�' -�I —'---� � 3 �'••.;� ( 1 i toR 611 �. E 3 ATS DETAILS t ., 6'L GN-1 GENERAL NOTES , u71TIl0E: 27.6353.N - -_ 7Lt191 rp >{qII FA-•l { •• y LONGITUDE: 60.4485'WGROUND ELEV. 20'ANSI ._ !•y 'L' _, -_ ` Q PROj Qf•T NO•. 91n.LM,I CUSTOMER/APPLICANT: GENERAL DYNAMICS ..'• :.- - A 17S0 FOUNDERS PARKWAY.SUITE 120 -:'`-.-. - _ -...._._•..._.... •, N 3' • �13M CHFCICED RY11 7T,A1 ALPHARETTA•CA 30009 ;-`'• :..• .` .. ._ .. .._. ,••,y.__.... �•�- •. ORD FOR: ' LS$ •- 'O "'_' An wt DRUM E011InAN AREA OF CONSTRUCTION: 15'03' ' OCCUPANCY TYPE. UNMANNED ,. _ N '� 7 ,f. • •nn. ,.. ,.tN„N.,..r e, R AOA.COMPLIANCE: FACILITY I5 UNMANNED AND NOT _ _ e a r '+• n. 1' C F/,r/t. ,.. ,RgN■n,A,.gvKM FOR HUMAN HABITATION NO SCALE NO IiCALE D F/a/:. �.. Ty1NyT11q.: 110/I./t.I TP4,AWCnpI 8 CODE COMPLIANCE DRIVING DIRECTIONS A/E DOCUMENT REVIEW STATUS B&T ENGINEERING• MC. 27496 ALL WORK SHALL BC PERFORMED AND NS OF T FOLLLEDOWING M DEPART ST LUCIE COUNTY INTERNATIONAL AIRPORT ON CURES KING BLVD.TURN RUGA ONTO CR-606 ST LUCIE BLVD ltti8 SIGNATURE MATE ETD•«2 26/1 CODES AS WITH THE TIMKEN EDITIONS OF THE FOLLOR'I1A [ ]. AT&T CONSTRUCTION MGR: r CODES AS ADOPTED O THE INSTIL EDY TO PE AIT WORRIES N07/RNc TURN KION ONTO AD NA IN KINDS UTO TURN LER ONTO SR-614 N LEFT RDI.TURN 06[ONTO CR-603 \LA i M THESE PLANS 6 TO BE CONSTRUED TO PERMIT WORK NOT [JOHNSTON RD).ROAD NAME CNMUAES ro CR-6111 [43Rp AVC SWj,TURN TENT DNTD CR-606(OSLO RD].TURN RIGHT PROJECT MANAGER: CONFORMING TO THESE CODES: ONTO CR-613(MTN AVE SW/j,KEEP STRAIGHT ONTO CR-613(56TH AVE).TERM LEFT ONTO LOCAL ROAD(S).ROAD NAME SITE ACOIJMON: CODE TYPE mm CHANGES TO COLLEGE LN.TURN RIGHT ONTO LOCAL ROANS).ARRIVE AT WEST VERO. PROPERTY OWNER: Spr•.• 4� BUILDING/OWELLMG IBC 2010 t^� STRUCTURAL IBC 2010 - J71J4 II MECHANICAL IMC 2010 ELECTRICAL NEC 5 PLUMBING IPC 10 1 1 1 ACCEPt[D-W11H OR NO COMMENTS.CONSTRUCTION MAY PROCEED =* IECC 2010 %•�'• LLN 2 NOT ACCEPTED-RESOLVE COMMENTS AND RESUBMIT 4� RIRE//UUFE SAFETY IFC 2010 F Tp t. A,� Flm/cAs 11'GC 2009 ACCEPTANT[Docs NOT COKImm APPROVAL or DtSKM.cm_ct AT*NS, ••.. an�,.: SCOPE OF WORK DO NOT SCALE DRAWINGS MNDTI3T METHODS Of Tt [MACTOR AND DOES NOT RIDAW SUSCOWTRACTM FROM uME ',�,� SL�����,•� THE S.O.W.FOR THIS PROJECT S TOR INSTAA STANDBY ALL DRAWINGS CONTAINED HEREINhal/ill1111\IAL EwT [MERGCNCY GENERATOR AT AN EXISTING CELL SITE. ARE FORMATTED FOR 11X17. •+ `1� ` CONTACT INFORMATION THE GENERATOR WILL BE PLACED ON TOP OF THE CONTRACTOR SHALL VERIFY ALL PIANS AND EXISTING _ GROUND ON A POURM-01-PLACE CONCRETE PAD. OIMDmONS AND CONDITIONS ON THE JOB SITE ANO CALL FLORIDA ONE CALL ..e.,..,,.,,.�.,,,,.•�.'�'„ N[FUO,. ■.,eROAtP AMIIJETT C[NW,O:L vnF11IRTs THERE MIL BE NO CHANCE M THE SIE OR HEIGM SNMLL INLQDA7D,Y NOTIFY THE ENGINEER M WRITING (800)432-4770 �-��5 II ,7117 S.DKAADER•SM 3011 MANAL7✓R: t7sO FdAlp,R9 PARKMMY• a THE 7D11E7R STRUCTURE Di ANY DSLY7EPANCE$BEFORE PROCEEDRA WITH •1 I,, TMST OK 7411,9 S,KR IM • GENERATOR DIMENSIONS ARE:86.61T16.I*M40.9`W THE WORK OR BE RE90161BLE FOR SAME CALL 3 WORKING DAYS '•CONTACT STM IAIRL AUn*RRTA'OA 30110■ MISCALL NEW ATS, rT�—T U■lq 3n-4410 BATF NORM 0A[SMSmLL/REPURPOSE(2)NEW/DOSTMD 2DA BREAKERS. SEE SNRT GN-1 FOR ADDITIONAL CONSTRUCTION NOTES BEFORE YOU DIG! 1 J NOTES: � eoNmACToR TO Gu ell OR OTHER Low raNr UTILITYl4 B•T GRP LOCATOR SERVICE TO VERKY THE LOCATION OF EXISTING lemEaeRouND UTILITIES PRIOR TO OONSTRIICTION. SEE SHEETS E-I &E-2 FOR CONDUIT&WReNC SRECNICATIONS/SMGLE LME DIAGRAM. CHANCE ORDERS WILL NOT BE ACCEPTED FOR UNAPPROVED WORK. oo RE:5/E-+ FOR UTILITY TRENCH DETAILS,CONTRACTOR CONTRACTOR TO PURCHASE THE EXCEL SIGN'DIESEL / •OMWO�.DrF"� GENERATOR COMBO PACK-P/N:ATT-DGCP-DC-BW AND / EXISTING 155•WATER TOWER SHALL PLACE THEIR ON THE SITE PER AT&T STANDARDS. 1 // QBN®RAL DYNAM803 I / EXISTING CONOI,IT RUN _ FOR AT&T COAX I / G cc cE x I / PROPOSED 2W-e'X 21r-0' 110'SPARKw '1' In LEASIE ABU RADIUS 1"1 > y ITE: 1/A-4 • `IL_Y [ / 1 PROJGCT NO.. 91a,1.d11 ■ f R R CHRCXRO m numEXISTINGM'GATE _ I/ °•QA1< ; ISSUQD FOR �/ Yr do OMI eoa++w [XcrT- M 1 AT&T - t, fn/+� Aw •ALUMIIMr iaK• R ` EXISTING L 'EOUPMEM, I O I J o o F Te/I. co.F++ucrov ' H'l1D 6&T ENGIN NG.INC. / I I PROPosED 272/ / EXISTING ICE eaocE 1 E,m:... :nen Ar&COHT 4'11 PAD .Fyj;� L I Re SHRLT S-1PROPOSED APROPOSED EXISTING H-FRAME �Ii~X I PROPANE TANK � / I� G ,` S`�:'•!T',':� `- ---------------- -------------- _—'� PROPOMBOLAROS 5719E STAV a, UIRRY TRENCH FOR POWER& PROPOSED FENCE AREA i 11 � COIMIMCATTON CONDIU IS(rfP) II,II1 D t RE:SH M ET &E2 ,SITE PLAN '� eHRRF NUMRRgI gBY+AIONI I SCALE: N G, J J no.l.w,_a.t:w._zsco-..•�-Sa.0-t-u..r.C9cu.- m,. ZO,. _ ,26cn 8L n �g ag 3F D ' oil pas a3 fit. rn d z an L y 9 ,n m a3� L a 3 V17 i fi— II�N_I \- INN 0 ; YM �0 P. :-I.1 VM- a y g q ,. I m a Dn .a� fill, . 112 gall N I s 0111 4 F � All r3�a ���% - `S a n a i(>n32101 z ' t �g � , WEST VERO �/ It Ia S p j E VFRO BFA,:11.FL 3296( D � ice;�"•. Z s �hq +Ehtgq�a¢`, S $ F:\IS'ilf\(:\C�-jTF.R'I'U\CF:R n X l d bN,bNrrrn I mBN®RAL DYNAMICS i 771 i 0 p O , Lu t J nl ML vC t CO No C 1 1 fir/® rLeDJ"CT" n1M1.mm CI/RCKP.D RV: !UI rssurD Fon: •y my d,< onw, O[YTridl 8 W ® ® ® •.,. raLRr..w•Lvc, c 77.7 8 0 1/1 .., C•Mn11CiyP :•�• •„ CpMlt•LIpRp: B&T ENCINRIt.IC. iNC, 27a9E EE YYYfff E.p�.,1 2 2B/t sass s T� 11 �GENERATOR CUT SHEET ""�""' S `/SCALE; S. SHFRTNUMRP.R: RRVIRIDM A-3 i 3 STRANDS Or 12 1/2 GA. 11/1-BRACE SCH.10 PIPE _�� GALV.BARBED MIRE(CLASS W) (1 S/e-0.C.) 10•_0• 1�--a� B+T GRP 1 5/8"O.D..SCH.w O.C.VAX. Q BARBED WIRE I� MID BRACE RAR ) =/4 1 1/4-_BRACE SCK.0 PIPE 2"O.D.WELDED!RAMC(TYP) HER BAR (1 SHB OA)USED ON a}^} LORHSPA AND LESS FENCE L&` 0 G.2".2- S 3 SPANS OR 1055 va,wale.a..a.w FENCE FABRIC I.I FENCE FABRIC DIAGONAL BRACE FOR SITE Ilnn LARGER THAN SO'-0" CORNER POST 1/2"CROWN 9 GA.TENSION WIRE AT BOTTOM OF WIRE FABRIC GRADE ®BNLRAL OYNAMICB WIRE FABRIC TD Y MIRAFT rABRIC SOOK TOUCH GRAVEL LY GTE GROUNDING eASE CORNER POST (RE:3/A-4) FENCE GROUNDING POST. (RE:2/A-1) 1 CORNER POST. CADNEIO SEE SCHEDULE CORNER SCE SCMEOriE LINE POST. SEE SCHEDULE CONN CTIDN SEE SCHEDULE • ` v 1 P TYPICAL FENCING SIZES f� U4 MGH FENCE SIZE POST FOOTING L E=• WI TN AD SOLID COPPER M L lk WIRE GOWfID r0[XTCRgR C .! • 1 •. GROUND RING r C) Pi s CATE POST 1 36-OP. FENCE DETAIL 2 FENCE GROUNDING 1 SCALE: N.T.S. L N SCALE: N.T.S. y l PROJQC-No, 91MJ.•Rt 2-1/2-SCM.10 PIPE CHRCKRDRV. CUI 6 (2 7/B-D.D. CORNER 6'-0 ' 9 CA.2-.2- ISSU13D FOR: !GTE IMAM GTE FENCE FABRIC CONCRETE FILLED .lY I MT( i IOOC•PIOH e PIPE:SCHEDULE 40,1.0.0.,3-t/2-I.D. .•C -/0/,. /0I:•.• wwV.i.r .MrIM.ILttOu SEELOCATION PANTEDS RREOUIIEDY SCM.10 RPE CMMAIA ( /8-OD•) u..r.NIR.•r,M.Tw.R a HINGE y 1 1/1•BRACE I• d $DH,40 PIPE FINISH MATERIAL O!T ENGINEERING.INC. (1 S/B"D.D.) 27498 GW... 2 2B/I GTE TO MATCH UU EKSTMG FENCE POST fi — IIuu GTE GTE OROUNORI6 I— FFVL••.: :� K CCOMHECTIIDW ADMETD 11 1�' ``(T:• .j(Jl./��F!i! .o d' '• 1/2"CROWN i u D iii/♦ ^ CONCRETE FOOTING ^ GTE 3 /2 NFhINN1t\1t\ AWG 'Ex CA GBI,EFENCE aep e.rt_ GROUNDING 1•-0"I.Tw (R[:Z/A-I1._6• ••.sn".�.t,e.[ta�k.��.n'.xi9 1 MM PRMIDE LOCK GATE GROUNDING GATE DETAIL WITH AT&T COMBO lHRPTNUMRRR: RQVNIONI a 3 SCALE:N.TS. SCALE:N.T.S. A 00 1. FOOTMG TO EXTEND A MINIMUM Or 12-BELOW UNDISTURBED SOIL AND MOST LMC. _.� SOT GRP 2. FILIAL SITE DESIGN R E RESPONSIBILITY OF E SITE CONTRACTOR. TO'-o' 3. NAGS NOTED OTHERWISE.CONCRETE SHALL REACH A MINIMUM COMPRESSIVE 1'-� 1/2' STRpDM Or 3000 Pp M 2B DAYS POR fOUNDAT10N5.SUBS AND CONDUIT S1U8-UP AREA CNCASEMLMTS CONCRETE SHALL HAVE NOMINAL AWP AND 4.3-6.SX AIR CONTENT.COMPRESSIVE STRENGTH TEST TO BE PERFORMED ON CONRETE USED FOR A FOUNDATION ONLY. (((,,� ��� R'CRNF/S-I @AIL GTAD A. IRAFSS NOTED OTMERWSE.ALL REINIDRCRNL STEEL STALL BE AST4 A-615,GRAD[ ���� RE:2/5-1 FOR SRE AND SPACING W 60 DEFORMED BARS. ______ _____ _ __ a. 0 � _---_ _ __ _�TJ S. UNLESS NOTED OrMRWSE.ALL DETAILING.FABRICATION ANO PLACING OF V WPP.d•...AA. l--'--- 1 REMFORCRIO STEEL SHALL CONFORM TO THE MANAAL OF STANDARD PRACTICE FOR j I I CETAUNG RPKORCCD CONCRETE STRUCTURES(AG 316) I I I 1 r-� I I I 6, ALL BAR SPLICES 51441 BE CUSS'0'TENSION SPLICED.lMlEis NOTED OTHERWISE. 1 1 1 Q CHAMFER ALL EXPOSED CITERNAL CORNERS OF CONCRETE WITH A 3/4'.43' 0 1 I 1 1 PRONDE ADDITIONAL�.U-BARS. LIMNER.UNLESS NOTED OTHERWISE. 3 I I 1 Q 1 1 I TYPICAL AT CACH EMD OF SNB-UP ARCA BONeRAL DYNAMICS 1 O FTNSINED SW TO BE LEVELS 1/.• 1 B. IFUMBLENTERACT UTILITY CONNECTIONS WILL 8C USED AT UNDERGROUND ro GENERATOR llli[Rl[TiDlf". 1 J_____________ T ATION r- p O J 10. SLAB SLAB FOUNDATIONS DESIGTIONS BE ASSRING ON LAY SOILS SDR. HAVE A PRESSUUWUUMC Of 2000 r PSFSUBf011NIDA1IONs BEARING ON CLAY SOILS SHALL NAK A WXIYUM SOIL PLASTICITY INDEX D<27.TESTING AGENCY SHALL FIELD VERIFY CONDITIONS BEFORE PLAC[LRlIT D<CONCRETE. A 11. DO NOT USE CHLORIDE CONTAINING ADMIXTURES.READY Not CONCRETE SUPPLIERS TO R'� i HOLES 3 PER SDE EL 1/2"�SMPSON NEW GENERATOR FOUNDATION STRONANCHORS. DOLT 1 SIAL),W STEEL WEDGE BE NRMCA CERTIFIED.HOT ADDITIONAL WATER SHALL BEEAADDED 0 CONCRETE ATTHER CONCRETE TO S THE WITH ACI JOB SITE �1 AAIC/TORS.(ort COLIAL),w/3 T/e'EMBEDMENT. '^ RE:2/SNE OF GENERATOR FOOTPRINT COORO ATE LOCATION w/EOIRPMENT DPAWRDS 12. CONCRETE TO BE NOR" L DENSITY WITH A MAXDa1M SLUMP O'4'INCHES.MAX uUMOUTC T L' �1 N RE:3/S-I AGGREGATE SIZE 3/4' —- 1 13. ALL FROM WORK OFFSET TOLERANCES.(PER ACI 117)TO BE CUSS A. O !n r O ^L C 14. NSTALL EOIAPYENT ANCHORAGE PER MANUFACTURER'S WRITTEN RECOMMENDATIONS. C � TYPICAL GENERATOR FOUNDATION PLAN SCALE: N.T.S. Lo L PaOfBCF N0: 91MI.M1 CHRCXRU aVI vlJl �i ISSUED FOR: Rn 1Nn BARN OQ[RAHIDN B-THK,CONCRETE SLAB • /AN ANI. •ATLINN.++•LYt1r Sono PSI W/APPROVED ANA •+[UAI+N++RYR� k FIBER RDNPORCEMENT c F/1-N 3/4'CHAMFER M ANA ~•T'�CN 3- /S REBO 6"EACH WAY o F»/1, AR. CpWTFMtrov 10 A A+R tannitPP.A FINISHED GRADE TO PROPOSED CONDUITS 50 FT-UD OF INSTALLATION TORQUE SLOPE AWAY FROM B"TRENCH OR AS REO'D B&T'ENGINEERING, INC. FWNDATION(rep) FINISHED GRADE 27406 1E.P m 2 2a/T 6 '� _ -'t,�I'N�1.1�• •1•'^ WARNING TME SAAAA` \ \ COMPACTED FILL \ STABILIZED SAND _` .5+��9� •L' I-BUCK STEEL PIPING 1%2"a HOLECOMPACTED SUBGRADE ' CONTRACTOR TO USE SCHEDULE BO GAMY. ry,'yh ��+'��L��6``• ^, PPE UNDER ALL TRAFFIC CONDITIONS u�,AtA� ANNw }L! ntisltos.n t�l�sbirtAbA� .v� SHRPTNUAIRP,R:, SECTION A-A MOUNTING HOLE DETAIL PIPINGNTRENCH SCALE: N.T.S.N-T.S. SCALE: T.S. S_1 0.rsYIS10MN : 1 00 EXISTING PANEL CIRCUIT BeT GRP RE,S�El IISR1NIfil1KN1 CO/D1R15(lYP) POSIT N BR(/ECR ON/OFF GFCI SIZE ASSIGNMENTPOSITION BR�fCR ON/OA CFCI SIZE ASSIGNMENT LABEL LABEL [%SAID[ 1 2P ON NO 30 RECTIFIER 1 2 2v ON NO b RCCTIi1CR /4 FENCE y � CONDUR ENTRY ARCA S 2P ON NO 30 RECTIFIER 2 6 2P ON NO 30 RECTIFIER/S T.. Pr ?_— _c �__1_;t_�s I—1—1 D 2P ON NO JO RECTRIER 3 10 20 ON NO 30 RECnf1ER/6 a}O}E� a.Ot 1.II12PROPOSED BLACK PIPEIJ 2P OA NO .0 A.C.N. /I 1A 2P ON NO AO ICH. /2 FROMTTANK O PROPOSED Is 41� EXISTING N-IRAN[—�� 15 16 O OU2RATOR I II� I I I 17 1P ON No 20 GROUP I 16 tv ON NO 20 IM LIGHTS II I ACCEPTS RECCvTS POWER �_ IU •ExS1RNG•EOUIPMENT PAID. I 19 1P ON NO 20 GROUP/2 20 IP OFC NO 20 CROUP/J meNfBRAL DYNAMICS O" II� EXISTING SMELTER I 21 2P ON No 15 FAIL ALARM 22 IP Orr N0 20 E%T LIGHTS L ® J %• •' I 23 24 2P OFF NO 13 EXT RXCEPT % 25 10 NEW NO 20 GENERATOR 26 IP OA NO 15 SPARE O O O O I 11 / 27 1P NEW ND ZD OOIAny 30 IP OFF Np IS EMPTY EXISTING ICE BRIDGE CULL B 29 EMPTT 30 EMPTY PULL BO% JI EMVTY 32 EMPTY / MARY UBLF.N 33 EMPTY 34 EMPTY 33 EMPTY 36 EMPTY i-I 37EYPTV 3B EMPTY JD EMPTY t0 EMPTY Nl ALL TO BE BELOW GRADE COMMIT EXISTING 1P SPARE BREAKERS ARE TO BE RE-PURPOSED AS THE NEW GENERATOR BREAKERS 40 m UNLESS MOTO OTHERWISE _ .1111/1,- $n G UTILITY ROUTING PLAN ,� PANEL LAYOUT V/J i N L SCALE: N.T.S. SCALE: a s I 1s zs OO TERMINATION OF CATSE ON KOHLER GENERATOR PROJRLTNO: '11INL0R1 TERMRMAL FUNCTION W%Oo um AIMI►NX#1 OF TAPE PAR COLOR TERMINAL � NORMAL OPEN 1 FINISHED GRACE CMRCKRO T'I ALAI 6 CONTRACTOR TO INSTALL NEW JUNCTION BOX M/(2)GRI I NEAR GENERATOR x BLUE a �� BIAIE/FRI7E "11 11 ISSU12D FOR: RECEPTACLES INSIDE PROPOSED GENERATOR ENCLOSURE. CATS.JACX KIM BLUE/YMITE 6'WARNING TAPE An I MTC I EA.N Dotl1+Ildl P30 CRYTICAL FAULT x ORANGE ORARG A ORANGE ORANCEJWMIE W 31: BURIED 12'BELOW GRADE A Jr.TU.wAv n R O' O O O P31 MINOR FAULT % GREEN a GREEN CREM/W111TE 'nffq 4�} COMPACTED BACKFILL c •/I.1. Avr •.c1..wA...NK. O O GREEN/WHTE S H (SUITABLE ON SITE MATERIAL) c •Ie I. Aw. ctNn.uc•KN rI P32 LOW FUEL x BLUE ATE BLUE BUIE/WMRE STABILIZED SAND 6 O 0 0 O PJ2 FUEL LEAK xORANGE ORANGE OINNGE/WHITE BhT ENGINEER-NG. MNL. (3) 1'CONDUITS (t)2'CONTROL CONDUIT 27996 O Q NOTE PLEASE LEAVE ABOUT 6.OF CA75E FOR SERVICE LOOP AND GROOMING GTO EQUIPME ENERATOR P FROM 90M GENERATOR C•d•.. 2 26/1 O I CS VERIFY WITH LOCAL CODES O O 1. SEPARATION DIMENSION TO BE VERIFIED WITH LOCAL UTILITY CO. �c,•• 0 0 0 0REDUREYfMTS. _ 57199 2. '- yy - PROVIDE PVC CONDUIT BELOW GRADE EXCEPT AS NOTED BELOW. 3. PROVIDE REAS CONDUIT AND ELBOWS AT STUB UP LOCATIONS (I.•.SERVICE POLE. BTS COUtPMENT.ETC..). •�90 'L(OA.��' ! O+ O+ l r" ., INSTALL UTILITY PULLBOXES PER NEC. �A �NO�````� O O O O S. FOLLOW MIRMIM COVER REOIRREMENTS PER NEC TABLE 300-5 ~FhNMIrr111NL11'A 11 (3)IE DETAIL ALARM PIN-OUT UTILITY TRENCH DETAIL . A L AM RRr Nr1AtR P.I: RDVIt1ON: S SCALE:N.T.S. Y SCALE:N.T.S. J SCALE:N.T.S. E-1 1 00 EXISTING UTILITY OW��RS=NOS SERVICE FROM LOCAL Uf1UTr 'O. CONTRACTOR AM SAND AS hty..,r,� B+T GRP Exlsrruc YET[R AND DISCONNECT ON SITE INDICATED FROM GENERATOR TO POWER CABINET. (RACK IAOLWlIED SEPARATELY OR AT METER) O CONTRACTOR SMALL PROVIDE AND INSTALL FEEDS EXISTND 2OM SERVICE TO AT&T FROM POWER CABINET TO GENERATOR FOR ER AND BLOCK NEATER AS INDICATED. 1 EMERGENCY GENERATOR Q AUTOMATIC TRANSFER SWITCH(ATS).FURNISHED L•:� r �V. C SET(EGA SUKA. BY CUSTOMER AND INSTALLED BY CONTRACTOR. }}pp} FURNISHED &7. ATS IS 120 4OV.2 POLE.2004,HELM 3R a 1171 l I 2 RE: IA-3 I S WITH PIMST:SENSING.AUTOMATIC ENGINE vew were.ON.r.e. STARTING.UL USTED 1008. O THE COMM"SHALL REFER TO CABINET NOTES, �- SPECWICATIONS FOR ALARM WIRNO TO EXTERNAL - I DEVICES(GENERATOR).N1ERgR ALARMS ARE 1. NEW GENSET PROV10ED BY AT&T AND INSTALLED ED PRC-WIR . BY CONTRACTOR. IT 5 THE RESPONSIBILITY OF v 3 THE CONTRACTOR TD FURNISH AND INSTALL ALL S DO NOT BOND GENERATOR NEUTRAL TO GROUND MATERIALS,COMPONENTS.ETC.WHICH ARE NOT OENIHRAJ-DYNAMICS f EMT04 GENERATOR FLANGED WILES OR DED TO SR FRAME,CDIERAENTRANCE NEUTNEUTRAL B 5 PROVIDED BY AT&T.TENSES MANUFACTURER FURNISH OR i BONDED TO SERVICE ENTRANCE EN"AL BOND EOUIPMEM MANUFACTUREROPERATIONAL AND TO FIURNISN A VM TODDLY TIAL At ATS(OPEN TRANSTIION, COMPLETE AND OP1i1ATX)NµSYSTEM. L_T EXISTING UNVEILSµPOWER CABINET(LPC)O RDATING NEUTRAL AT CENERAiOR 2• ROUTE NEW UNDER GROUND POWER,CONTROL. 1�y 1 S AND INDICATION CONDUITS FROM GENSET TO Lf•___�'I EXISTING AT&T EOUIPMENT CARNETS. EXISTING LOAD CENTER PAACV 30MO 10". Sir__ J 30 POLE LUGS ONLY.BOLT ON BREAKERS J. WWTAN ALL CLEARANCES AS REQUIRED BY THE _1- RE:3/E-27 NATIONAL ELECTRICAL CODE. y w 4. PROVIDE AND INSTALL TWO GROUND RODS WITH INSPECTION SLEEVES(ONE AT EACH END OF LQ^ H CABLE AND CONDUIT SCHEDULE CENSET FRAME NDUSIG AND ROD TO TWO ESTROLIX CONNECTOR.BOND GROUND ROD TO NEAREST C � N0. FROM TO Wpm GROUTS SERE FUNCTION INSPECTION BURIED GROUNDING SYSTEM RNC.PROVIDE R1SPECTI N SLEEVE AT CONNECTION POM.SEE N 1 INSPECTION SLEEVE DETAILS. SERVICE PROVIDER PROPOSED ATS (3)3/0 (1)04 2• PORE.FEED C i 2 PROPOSED ATS GENERATOR (2)I10 (1)DO 1' START CIRCUIT S. BOND SYSTEM) THEY TO BURIED GROUND RING(SYSTEM)OHO ASS TTHEY CROSS USN)PIPE ELO _ } GENERATOR PROPOSED ANS (7)3/0 (1)I• 2' POWER FCLAMP 00 NOT EXOTHERMICALLY WELD TO A PROPOSED ATS EXISTING CIRCUIT PANEL (3)3/0 (1)/4 2• POWER FEED - CONDUIT. y tn QS EXISTING CIRCUIT PANEL GENERATOR (A)/12 (2)/12 1' 2D AMP CIRCUIT FOR GENERATOR BLOCK/EATER. 6. BOND ALL EXTENOR CONDUITS.PIPES AND � BATTERY WATER A BATTERY CHARGER CYLNORrLL METALLIC OBJECTS WITH A PENNUNION GT SERIES CLAMP,BLACKBURN OW 6 PROPOSED ATS EXISTING ALARM 4-PAIR 24 AWC N/A 1' NARY CARIES FROM ANS.PITOVOE 24 0T•SMACK fJNBIE. SECLAMCLAMP OR A SURNOY CAR 39008U SERBS CP ONLY.NO SUBSTITUTES FRILL PU'NCN DOWN 5 BY STAT TECH.(ABEL ALL WIRES. ACCEPTED PRO)QCT NO. 111u1.1m1 O7 GENERATOR EXISTING ALARM 2-PAN 24 AWO N/A 1• ALARM CARO FROM Ali PROVIDE j4.D<STACK CABLE CHP,CK1tU RYr !UI FINAL PUNCH DOWN IS BY AT&T TECH.tABEI ALL WINES 7 BOND FENCE POST TO CROU ND RING(WERE APPLICABLE)USING AN EXOTHERMIC WELD. TSSULID FOR: ,� ONE LINE DIAGRAM .<Y Ian: IW,N �++� .n/r• ,., •rIRA.M.A.+M. SCALE:N.T.S. s .II/I. R HEWN ATM 50RW CRADE e F r1/r. ... .A[au•rw.t,.K. ODMTN ON o 4M/r. M f:erRf•I1— F.ROU N0T6 CO"CRE1C PAD — Aw IX•AIT4PCMV O1 BOND TO EXISTING EOUIPMENT CADWELD _ B&T ENC=EERINC. INC. tGROUND RING(TYP) E_j— 2/2B/1 't O2 TO SINNED BCW R E W RIX BOND — — N ry TO GENERATOR ERASE W/2 HOLE Jig BOLTED LUG AT CORNER(TYP) e GROUND RING 02 AWG SF•'•. O J/4•X 8-COPPER GROUND 2 1 I COPPER WIRE SOLID.TINNED - y'. ROD TO BE INSTALLED WHEN I , ` (IRON GENERATOR) •57199 DISTANCE TO EXISTING GROUND - RING EXCEEDS 25' I I RE 3/E-2 1 U '1�0•'Fl ll _ CROUNO ROD COPPERWELO OT,�v • F' .•' ��`� ._________________. 3/4'9.8'-0'LONG(MAX) MTnInHIT 3 -FJIISTRIG GROUND RNC ..,"S�,�.a:1::•••� 2 ��G TYPICAL GROUNDING PLAN ROUND ROD DETAIL(IF REQUIRED) N 7 111 PITT NUMRV.R: RQVI�IIMN: E SCALE:N.T.S. `� SCALE:N.TS. E-2 1 00 ° B*T GRP aDR.NNem[24.0-1 ' 456.6—(1a.0'J MOUNTo 0 O 1LMWARE 3/9• O D O °o G Dp p 12 fl QQ M at«t A N u 0 _a B o B@N@RAL DYNAMICS e e �i ❑ E `o O ❑ n e [=0 0 0 ❑ ❑ I c! ° a o � y N O J G BJ F H O c 0/0 N :f o M S S uu L n 3 LEFT BRIDE VIEW FRONT NEM w NOTES KEY: A-ATS CONTROLLER a-CONTROL RELAYS PROJQf.T NO. 91°•1.°R1 C-BATTERY CHARGER CHRCKED W " D-VAINTENANCE DISCONNECT SWITCH E -1/TI1TY UN-GROUNDED CONDUCTOR CONNECTION TSSULTD FOR: F7-ON-SITE GENERATOR UN-GROUNDED CONDUCTOR CONNECTION F2-SECONDARY GENERATOR UN-GROUNDED CONDUCTOR CONNECTION A(Y I TAT° I— fKXelnllOR G-LOAD UN-GROUNDED CONDUCTOR CONNECTION .�/�• e.. e. » M -MS I e/I=/�• eeA n[LeeWN efl J -120 VAC R 2MS CONNECTIONS K -NEUTRAL SUPPLY CONNECTIONS o s/LI�• ... Spn..IlCnou�M L -GROUND TERMINAL M-MAT le t°MHI1LROe N-FLOATER(OPTIONAL) • • eee P-ANKUNCMTOR CONNECTIONS.SECONDARY GENERATOR MY ENCMEERING.INC. 27.96 UNIT DIMENSIONS EnN.+ 2/xai 1 ILC RATED VOLTAGE PHASE ENCLOSURE ENCLOSURE ENCLOSURE MEI°M AMPS No" WIDTH OEM (E84) 200 120/240 1 ta• N• 12• 220 zoo 120/208 .a' x. 12' 220 3 . TERMINAL LUG WIRE RANGES .J� `t r RATED AMPS UTRTTI'AND OENERATOR NEUTRAL BAR LUGS GROUND BIR LJ°GS ''��0�.'•F(DA1�P:�`4W (COFMF1;IIRE rt F/LU4 (MRIE RANGq ''ry/''-0 S�OIlAulm M�+O``• .00MCM-Il AMC(UTILITY) nn 200 S]011CM ./0-N AMC(GENERATOR) -/a AMG 2301ACu-/a AMG •vole.s. � ATS MOUNT ING DETAILS SHRRNUA1RP. RQYlIIN SCALE NTS. E-3 1 00 [Fnn .+-'a Q S')6zr•i:1'it�taaua:�n � OHaA JS '3 � [EEEEE ="p ^ 40:101Z 001' x= 6 u a � att og X48 # mai i s Uti �F �€ . :10 cgs V d 4 4 HT g - _ i I 1 10e rg yy �+ {�y c� yF� �-�! +g� � gsj" F 5 � . �n uF �3i �!. CAy #9 �C Ci �ae C �Ce SaCg � C r g1l ` e I�r,E 11s 2199m I w Riolla, Iq L j�� M 5 J G ilh;g999a■ 'Wtg NJ t . $willIfv111 marinjit � if }qs( yf g x888 e 3 2�OfFSC�bF9 �iiS AbS � O � � � S ��a�7 VshoWhe, i Id g w � g }"a j a g t y 1pf _ �'kl I 9v s $tta a gv!IN!Na g 9 it, L a �tliall! as : 1 1; a ae e F g g k g `" e �< 91 >s � x e3 k� � a �c «� � ��� a � a M � k a e. i des < a r b � �ig .° Noelji all TO 9isi CJa 11� 5(3< h I S lei will r it � na g > 85 K-j INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES I Date: September 16, 2015 I To: Joseph A. Baird, County Administrator i From: Vincent Burke, P.E., Director of Utility Service Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw 1 Gordon Sparks, P.E., Environmental Engineer ellfj Subject: Approval of Work Authorization No. 2015-002 to Replace Corroded Galvanized Water Main and Water Services in Vista Royale, Phase 2 UCP#4120 DESCRIPTIONS AND CONDITIONS: Over the past six years the Department of Utilities Services Operations group has been called to Vista Royale for emergency repair to galvanized water main and water service breaks. An examination of the old galvanized pipe built in 1973 revealed that severe corrosion has weakened the walls of the pipe causing numerous pipe breaks. Operations personnel have concluded it is prudent to replace the old galvanized pipe to reduce and/or eliminate water main breaks and interruption of service to its customers. The area currently with the most breaks is on Pine Arbor Lane. This area was selected as the second phase of pipe replacement. ANALYSIS: I Staff decided the most efficient and timely method to replace the deteriorated pipe was to utilize the Department of Utilities Services Labor Contractor, Blue Goose Construction. A list of the anticipated labor and materials quantities was prepared and bid prices from Blue Goose Construction were used to determine the costs for labor. The total labor cost estimate for Blue Goose Construction is $66,000.99 (See Attachment 1). The total material cost estimate is $15,211.33. The total project cost estimate is, therefore, $81,212.32. FUNDING: Funding for this project is derived from the 2015-2016 R&R budget in the Operating fund. The Operating fund budget is derived from water and sewer revenues. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Utility R& R Fund 47123536-044699-15514 $81,212.32 Utilities/Utilities Engineering/IRC—Vista Royal Galvanized WM and Services Replacement,Phase 2 S 86 `. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the total project cost of$81,212.32, approve retaining Blue Goose Construction to replace the galvanized pipe and services in Vista Royale in the amount of $66,000.99 for labor and that the Board of County Commissioners approve Work Authorization No. 2015-002 (See Attachment 2) and authorize the Chairman to execute same. ATTACHMENT(s): 1. Project Cost Estimate 2. Work Authorization No. 2015-002 Blue Goose Construction APPROVED FOR AGENDA: Indian River Co. Approved Date Administration In BY: d Legal ! � I T— Josep A. Baird, County Administrator . Budget � r� For Q Utilities R rel�S Date Utilities- Finance Purchasing I I i i F•\Utilities\UTILITY-Engineering\Projects-Utility construction Permits\IRC-Vista Royal Galvanised WM and Services Replacement Phase 2 UCP 4120\Agenda to Approve Work Anthorization 9-15-15.doc i 87 Indian River County Department of Utilities LABOR COST ESTIMATE FROM CONTRACTOR'S BID ITEM LIST BLUE GOOSE CONSTRUCTION Project: VISTA ROYALE GALVANIZED WATER MAIN AND SERVICESREPLACEMENT Date: 9/3/2015;UCP 4120;WH'47123536-044699-15514 Blue Goose LABOR COST MATERIAL COST Bid Bid Item Estimate Unit of Labor Unit Total Labor nterial Un otal Material Item No IDescription Banti Measure Price Price Price Price 71 Mobilization,Demobilization,MOT 1.0 % 0.10 559181.90 nsBlue btripe Directional Drill 07a (DR]1)including fusion of i e and fittin s Water 300.0 LF $33,35 5109005.00 $4.87 $1,461.00 Olb Install 4"Blue.PVC Water Main 100.0 LF 55.50 5550.00 $2.81 $281.00 ns aBlue Stripe Directional Drill 07a DRI 1),including fusion of pipe and fittings 700.0 LF 533.35 523,345.00 $4.87 $3,409.00 09 install Mechanical Restrained Joint DI Fittings 0.5 TON 54,100.00 52,050.00 53,500.00 $1,750.00 16a Install 3"Wet Ta w/ ate valve 2.0 EA 5900.00 511800.00 $1,200.00 52,400.00 19A Install 4"GV&B 2.0 EA. 585.00 5170.00 $295.74 5591.48 23 Test Holes/Potholes 20.0 EA. 5250.00 S5,000.00 Fill,pressure test,chlorinate an us wa er 1,100.0 LF 51.50 S1,650.00 $100.00 5100.00 29a main 30c Take Bacterial Samle/Deliver to Lab 10.0 EA 5150.00 S11500.00 awco,Remove an spose ol Asphalt 65 Pavement 1.0 TON 530.00 530.00 Install spaCement ype er Compacted 1.0 TON $60.00 $60.00 $70.00 $70.00 66n Base Remove,Dispose of it nd Replace Rock Base ].0 TON $20.00 $20.00 58.00 $8.00 67b Course Remove,Dispose of and Replace Stabilized 1.0 TON $14.00 514.00 $8.00 $8.00 67c Sub rade 86a Lawn Restoration(Topsoil and Sod 2500 SY $2.25 $5,625.00 51.50 $3,750.00 Subtotal Subtotal Waters stem Labor and Materials 551,819.00 $13,828.48 70 Recons Drawings per IRCDUS Standards 1 LS 53;000.00 -Subtotal Water hystem tAbor, Mob.,Uemob., Subtotal MOT,Materials &Permitting $60,000.90 513,828.48 Force IRCDUS Contingency Account 1 EA 561000.09 51,382.85 SubTotal S66,000.99 S15,211.33 "*TOTAL I 581,212.32 ATTACHMENT 1 00 WORK 4I7TBORIZATION DTRECT.RT Nol 2015-002 TRC-REPLACE GALVANIZED WATER MAIN AND GALVANIZED WATER SERVJCUS JY' VISTA ROYAL BLUE GOOSE CONSTRUCTION DATE OF ISSUANCE: October 2015 EFFECTWE DATE:October 2015 OWNER.Indian River County CONTRACTOR:Blue Goose Construction CONTRACT: W WAT, L CEM / S AND LL E L T B O. 2015001. S_eatember 9. 2014 PROJECT: Constwct 11 4"an 2" B i r. Iv ter COUNTY UTILITY PROJECT NO.: UCP 84120 CONTRACTOR'S PROJECT NO.;N3: i COUNTY WIP, No. 47123536-04-6.2-15514 You are directed to proceed promptly with the following work; Description: Replace the corroded 3"galvanized wow-mein and wrroded a"water wrvices on Pine Arbor lane. Attachments: (List documents supporting work) ��-. .� �=rte•--- ---.-�:�= � Nlcthod of dotermining Contract Pricc: 0 Unit Prices: Bid Iten.m as egtabllsl?ed pursuant to Bid No,2015001,and oworded by the 13oard of County Crtttmisdioners on September 9. 20 t4 to Blue Ornsc Co =tirn, lrlc E3 Lump Suzn i Q Cost of the Work 'a M•Mbeh.'Wiun�kQ�a•' nA t'.a Thg Cost of Labor,Contingency and Ctmtract Time it;autt?miwizej tvlrnv: 1gsNmmted Labor Cost(rounded) $66,000.99 E-6-mated Contract Ti+t?e: 60 dey Eullmated Lahr Cost(rourl.ded) $66,009.99 - - -- - i ACCEPTED: RECOHMENDED! APPROVED; _ByBy: -------- -- 6�. 131M 00090 Cd1?struct{gin? Gordon>;.�prr ,F.E, COUNTY,CI4A]1±MAA1 labor Contruetor EnvirEmmer_tal Engir-ggr Wesley S, Davis Date: " � '.-�"� Date: = nate: 7 �� /,S Attachment 2 (`1lJ�uh'J►�n+i�nU_oral�A1ioitbafl�Windiwa�Tr�ryxnury IMOM FjWC0r10X0u110k%6WIt4YY%A3•WaA Audhoriudon No 1013- OMAN 89 I i CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird, County Administrator FROM: Colleen Peterson, Human Resources Manager DATE: September 15, 2015 SUBJECT: Authorize County Administrator to Execute the BlueMedicare Group Master Agreement Staff seeks approval for the County Administrator to execute the BlueMedicare Group Master Agreement at the September 22, 2015 regular meeting of the Board of County Commissioners. Background The BlueMedicare Advantage Plan was first offered to retirees in 2008. The County currently has three retirees who participate in the BlueMedicare Advantage Plan. Effective October 1, 2015, the premium will decrease from $379.99 to $319.92 per month, which is a savings of$60.07 per month. The BlueMedicare Group Master Agreement describes the rights and obligations which Indian River County and Blue Cross and Blue Shield of Florida, Inc., have with respect to the group Medicare Advantage Plan coverage to be provided to covered retirees and covered dependents. In exchange for payment of premium, Blue Cross and Blue Shield of Florida, Inc., agrees to provide the coverage and/or benefits specified in the Evidence of Coverage for the BlueMedicare Advantage Plan. Recommendation Staff recommends that the Board authorize the County Administrator to execute the BlueMedicare Group Master Agreement. ATTACHMENTS: BlueMedicare Group Master Agreement and Summary of Coverage for the BlueMedicare Advantage Plan. APPROVED FOR AGENDA: i oseph . Baird, County Administrator Date /4 Approval Date Admin. Le al Budget De t. Risk Mgmt. ' 90 'I t A&e In the pursuit of health' BLUEMEDICARE GROUP MASTER AGREEMENT SECTION 1: INTRODUCTION This BlueMedicare Group Master Agreement (this "Agreement") describes the rights and obligations which you and Blue Cross and Blue Shield of Florida, Inc. ("Florida Blue") have with respect to the group Medicare Advantage, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan (hereinafter, "Medicare Plan(s)") coverage to be provided by us to your Covered Retirees and Covered Dependents. References to "we", "us", "our," and Florida Blue throughout this Agreement refer to Blue Cross and Blue Shield of Florida, Inc. In exchange for your payment of the Premium, we agree to provide the coverage and/or benefits specified in the Evidence of Coverage for the Medicare Plan(s) ("Evidence of Coverage"), a copy of which is attached to this Agreement. The coverage to be provided by us under the Group Plan which you have established is described in the Evidence of Coverage. SECTION 2: DEFINITIONS Certain terms defined in the Agreement are also used and defined (for the convenience of Covered Persons) in the Evidence of Coverage. If a word or phrase starts with a capital letter, it is either the first word in a sentence, a proper name, a title, or a defined term. The following defined terms apply to this Agreement: Anniversary Date means the date one year after the Effective Date of coverage and subsequent annual anniversaries or such other date as mutually agreed to in writing by the parties. Appeal means a request submitted by or on behalf of a Covered Person for a review of our decision to deny a request for coverage of health care services or prescription drugs or payment for services or drugs. CMS means the Centers for Medicare and Medicaid Services. CMS Requirements means the provisions of Parts C and D of Title XVIII of the Social Security Act, CMS Medicare Part C and D regulations at 42 C.F.R. Parts 422 and 423, the CMS-Managed Care and Prescription Drug Benefit Manuals, other CMS instructions and guidance and the provisions of Florida Blue's contracts with CMS to offer the Medicare Plans. Covered Dependent means an Eligible Dependent who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Retiree. Covered Person means a Covered Retiree or a Covered Dependent'. Covered, Retiree means an Eligible Retiree, who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Dependent. l 91 i Effective Date for the Group means 12:01 a.m.' on the date specified on the last page of this Agreement and for Covered Persons means 12:01 a.m. on the date coverage will begin as specified in the Evidence of Coverage. Eligible Dependent means an individual who meets and continues to meet all of the eligibility requirements described in the Evidence of Coverage. Eligible Retiree means an individual who meets and continues to meet all of the eligibility requirements set forth in the Evidence of Coverage and is eligible to enroll as a Covered Retiree. An Eligible is not a Covered Retiree until actually enrolled and accepted for coverage as a Covered Retiree by u es.Stiree Enrollment Forms means those forms, electronic or paper, which are approved by us and used to maintain accurate enrollment files under the Agreement. Grace Period means the sixty(60) calendar day period beginning on the date the Premium is due. Grievance means a type of complaint submitted by a Covered Person (or other person eligible under CMS Requirements to submit a Grievance) about us or one of our network providers or pharm or payment disputes. acies, including a complaint concerning the quality of care. This type of complaint does not involve coverage Group means the employer, labor union, association, partnership, corporation, department, other organization or entity through which coverage and benefits are issued by us. Note: References to "you" or "your" throughout the first part of this Agreement also refer to the Group. References to "you" or "your" in the Evidence of Coverage refer to Eligible Retirees, Eligible Dependents, Covered Retirees and/or Covered Dependents depending on the context and intent of the specific provision. Group Master Agreement or Agreement means the written document which is evidence of the entire agreement between the Group and Florida Blue whereby coverage and benefits are provided to Covered Persons. Late Enrollment Penalty ("LEP11) means an amount added to the Part D Premium of an individual who did not have Part D coverage or other creditable prescription drug plan when the individual first became eligible for Part D or who had a break in Part D or other creditable prescription drug coverage for at least 63 days. Low Income Subsidy ("LIS") means the premium subsidy amount paid to us by CMS for qualifying Covered Persons with Medicare Part D coverage. Medicare Plan means the group Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan that you select. Premium means the amount required to be paid by the Group to us for coverage under this Agreement. Service Area means a geographic area where a Medicare Plan accepts members. 2 92 i SECTION 3: ELIGIBILITY ENROLLMENT AND DISENROLLMENT A. Eligibility Determination Determination of whether an individual is an Eligible Retiree or Eligible Dependent will be a two-step process: 1. You will determine whether the individual is eligible to participate in the retiree group health benefit plan that you sponsor. For individuals meeting your eligibility criteria, you will promptly forward completed applications to us. You are responsible for complying with all applicable laws and regulations, including but not limited to the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code, in making this eligibility determination. You must also comply with all eligibility guidelines included in the benefit administrative guide and Evidence of Coverage. 2. After receiving a complete application, we will process the application in accordance with CMS Requirements. An application must be approved by us and accepted by CMS for an individual to be enrolled in a Medicare Plan. B. Distribution of Enrollment Materials You may only distribute materials describing the Medicare Plan that we have provided to you or that we have approved in writing. You will distribute any pre-enrollment materials that we provide to you to each potential enrollee before collecting enrollment applications. Nothing in this Section will preclude you from making additional disclosures about your group health benefit plan as applicable to comply with ERISA, such as a wrap-around summary plan description or other plan document. If applicable, you are solely responsible for compliance with ERISA disclosure requirements in connection with the Medicare Plan(s). C. Group Disenrollment If you decide to disenroll all Covered Persons from a Medicare Plan, you must: 1. Notify all beneficiaries that you intend to disenroll them from the Medicare Plan. You will provide this notice at least twenty one (21) calendar days before the disenrollment. This notice will explain how to contact Medicare for information about other plan options that may be available. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents. i 2. Provide us with all information necessary to submit a complete disenrollment request transaction to CMS in accordance with CMS Requirements. 3. In the event of termination of this Agreement, provide advanced notice in accordance with � Section 4 of this Agreement. 3 93 f D. Individual Covered Person Disenrollment Covered Persons may be disenrolled from a Medicare Plan by Florida Blue if they become ineligible for continued enrollment. Covered Persons may also be disenrolled if this Agreement terminates or if you inform us that they are no longer eligible to participate in your retiree group health plan. If Florida Blue determines that a Covered Person is ineligible for continued enrollment or if you instruct us to disenroll an individual, you must: 1. Provide us with at least thirty (30) calendar days advanced notice of the ineligibility or disenrollment election of an individual; and 2. Provide the Covered Person(s) who will be disenrolled with at least twenty one (21) calendar days advanced notice of the termination and of other insurance options that are available to them. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents. The Covered Person will have the opportunity to elect another plan offered by us or by you, join Original Medicare, or join another carrier's Medicare Plan (by submitting an enrollment request to that organization). SECTION 4: TERM AND TERMINATION A. Term of Agreement and Renewal Process This Agreement shall become effective as of the Effective Date provided: (1) that we accept your Group Application; and (2) that you pay the required initial Premium specified by us. This Agreement shall continue in effect until the first Anniversary Date following the Effective Date unless terminated earlier as permitted by its terms. After the initial term, this Agreement shall automatically renew each succeeding year on the Anniversary Date for an additional one-year period unless: 1. At least sixty (60) calendar days prior to such Anniversary Date, you notify us that you do not want the Agreement to automatically renew; or 2. It is terminated as permitted by its terms. At least ninety (90) calendar days before each Anniversary Date, we will provide you with notice of changes in Premium and benefits under the Medicare Plan for the upcoming year (the "Renewal Notice"). If this Agreement renews as specified above, all of its terms and provisions (including the Premium due) shall be amended to include the terms of the Renewal Notice, and the amended Agreement shall govern coverage as of the Anniversary Date. Payment of the new charges shall constitute acceptance of the change in Premium rates. This Agreement is conditionally renewable. This means that it automatically renews each year on your Anniversary Date unless terminated earlier in accordance with its terms. 4 94 B. Termination by Group The Group may cancel this Agreement on its Anniversary Date by giving written notice to us at least sixty (60) calendar days in advance, unless we have initiated a termination for any of the reasons stated below. C. Termination by Florida Blue We may terminate this Agreement or refuse to renew for the following reasons: 1. Failure to Pay Premiums. You do not pay Premiums in accordance with its terms or we have not received timely Premium payments prior to the end of the Grace Period. Termination of this Agreement for failure to pay premiums shall be effective as of the end of the Grace Period. In the event of such termination, you are obligated to pay the following: a. Any portion of the Premium due for coverage provided by us prior to termination; and b. Any amounts otherwise due us. 2. Fraud or Intentional Misrepresentation of Material Fact. You perform an act, or engage in any practice, that constitutes fraud or make an intentional misrepresentation of material fact. 3. Group Contribution and Participation and CMS Rules. You do not comply with: (1) a material provision which relates to rules for Group contributions or Covered Person participation; or (2) any provision in this Agreement which relates to LIS or other CMS Requirements. 4. Service Area. There is no longer any Covered Person who lives, resides, or works in the Service Area. 5. Termination or Non-renewal of the CMS Contract. We will provide you with at least ninety (90) calendar days' notice upon termination or non-renewal of our contract with CMS. Except as specifically provided in this Subsection 4.C, if we decide to terminate or not 'renew the Agreement based on one or more of the circumstances mentioned above, we will give you at least forty- five (45) calendar days advance written notice. D. Notification of Termination to Covered Retirees It is your obligation to immediately notify each Covered Person of any such termination of this Agreement for any reason, consistent with the requirements of Section 3 of this Agreement. E. Representations Made By, and Obligations of, the Group I In agreeing to provide coverage in accordance with the terms of this Agreement, we rely on the representations you made when you applied for coverage with us and your representation that you have authority to act on behalf of all Covered Persons with respect to this Agreement. Consequently, every act by, agreement with, or notice given to, you will be binding on all Covered Persons. You agree that 5 95 !t I i you shall offer to all Eligible Retirees the opportunity to become a Covered Person under this Agreement. You agree that, if requested by us, you will distribute the Evidence of Coverage and other coverage materials to Covered Persons. SECTION 5: PAYMENT PROVISIONS A. Monthly Invoice We will prepare a monthly invoice of the Premium due on or before the due date. This monthly invoice will also reflect any prorated charges and credits resulting from changes in the number of Covered Persons and changes in the types of coverage that took place in the previous or current month. If you become aware that a Covered Person will become ineligible, you must provide us with written notice of such ineligibility as described in Section 3 of this Agreement. You shall be liable to us for the Premium due for each individual enrolled in a Medicare Plan under this Agreement until the effective date of disenrollment, which is set by CMS Requirements. You must pay the total amount of the invoice. Do not add names to an invoice, change coverage or pay for a retiree or dependent whose name does not appear on the invoice. No changes can be made to a Group invoice unless a signed application form is on file and submitted to Florida Blue. Payment shall be for the total amount of the Group invoice. i B. Payment Due Date The first Premium payment is due before the Effective Date of the Agreement. Each following payment is due monthly unless you agree with us in writing on some other method and/or frequency of payment. The Premium is due and payable on or before the first day of each succeeding calendar month to which such payments apply. C. Grace Period This Agreement has a thirty (30) calendar day Premium payment Grace Period, which begins on the date the Premium payment is due. If we do not receive the required Premium payment on or before the date it is due, it may be paid during this Grace Period. Coverage will stay in force during the Grace Period. If Premium payments are not received by the end of the Grace Period, we will terminate this Agreement and proceed with the disenrollment of Covered Persons as described in Section 3 of this Agreement. D. Changes in Premium Premium rates may be changed on your Anniversary Date as described in Section 4.A above regarding renewal. E. Other Rules Regarding the Payment of Premiums 1. CMS rules govern the effective date of any disenrollment of a Covered Person under this Agreement, and we are not required to retroactively terminate this Agreement or coverage for any Covered Person. 6 96 2. If full payment of the Premium is not paid when due, this Agreement may be terminated as described in Section 4 of this Agreement. F. Premium Subsidization You may subsidize Premium amounts charged to Eligible Retirees. You are responsible for compliance with all applicable laws and regulations relating to your subsidy of Premiums, including ERISA and CMS Requirements, as applicable. You acknowledge and agree that Premium subsidization may vary for different classes of Eligible Retirees only if such classes are reasonable and based on objective business criteria. You represent and warrant that you will not vary Premium subsidization based on any Covered Person's eligibility for LIS. Further, you will not vary Premium subsidization for individuals within a given class of Eligible Retirees. In no case will you charge an Eligible Retiree more than the sum of the monthly Premium that we charge you for the Medicare Plan benefits. G. Low Income Subsidy You will comply with the following requirements in connection with LIS: 1. You are required to pass through any LIS payments received from CMS to reduce the Premium amount that the Covered Retiree pays. You will first apply any LIS amounts to a Covered Person's share of Premium. You may not benefit from any LIS amount until the Premium for a Covered Person (including amounts for the non-drug benefits in a combined Medicare Advantage Prescription Drug Plan)paid by a Covered Retiree is reduced to zero ($0.00). 2. You are responsible for reducing up-front Premium contributions that you collect from Covered Retirees for any Covered Persons eligible for LIS. In limited situations where you are unable to reduce the up-front Premium contribution (e.g. if LIS is awarded retroactively), you will directly refund the LIS amount to the Eligible Retiree within fifteen (15) calendar days of the date you receive the LIS amount from Florida Blue. H. Late Enrollment Penalty (LEP) The Premium for an individual Covered Person may be higher if the Covered Person is assessed an LEP for not enrolling in Part B in a timely manner. This higher Premium will be reflected on the bill you receive from us. I. Premium Billing You will be responsible for the payment of the "Total Monthly Premium per Covered Retiree" of all Group members. The Total Monthly Premium may be less for Covered Persons who qualify for LIS as defined by CMS. You will also be responsible for any LEP charges that Group members have been assessed by CMS. The first Premium charge is payable before the Effective Date of this Agreement. Monthly charges are payable on the first day of each following month during the time this Agreement is in effect. 7 97 I I J. Retroactive Premium Adjustment The monthly charge will be determined from our records by the number of Covered Retirees who have been confirmed through the CMS enrollment transaction process. Retroactive adjustments will be made for additions and terminations of Covered Retirees and for Covered Retirees who have been confirmed through the CMS enrollment transaction process after the initial billing statement. Any refund that is owed to a Covered Retiree must come from the Group, unless the Covered Retiree is billed directly by us. Florida Blue will only adjust the amount due of a Group and will not refund Premium(s) paid to a Covered Retiree, unless we mutually agree that a Covered Retiree is to be directly billed by Florida Blue. You must refund to Covered Retirees any amounts received from us that are due to Covered Retirees in a timely manner. SECTION 6: HOST BLUE PLANS A. Out of Area Services We have relationships with other Blue Cross and/or Blue Shield Licensees ("Host Blues") referred to generally as the "Medicare Advantage Program." When Covered Persons access healthcare services outside of Florida, the claim for those services will be processed through the Medicare Advantage Program and presented to us for payment in accordance with the rules of the Medicare Advantage Program policies then in effect. The Medicare Advantage Program available to Covered Persons under this Agreement is described generally below. B. Covered Persons Liability Calculation The cost of the service on which the Covered Person's liability is based, will be either: 1. The Medicare allowable amount for covered services; or 2. The amount we negotiate with the provider of the Host Blue negotiates with its provider on behalf of our Covered Persons, if applicable. The amount negotiated may be either higher than, lower than, or equal to the Medicare allowable amount. SECTION 7: GENERAL PROVISIONS A. Administration and Record Retention You must provide us with any information we need to administer the coverage and/or benefits to be provided or needed to compute the Premium due. While this coverage is in force, we have the right, at any reasonable time, to examine your records on any issues necessary to verify information provided by You. You must retain all records relating to this Agreement, including but not limited to those relating to LIS administration, for the current calendar year plus an additional ten (10) years. B. Assignment and Delegation You may not assign, delegate or otherwise transfer this Agreement and the obligations hereunder without our written consent. Any assignment, delegation, or transfer made in violation of this provision j 8 98 shall be void. We may assign, delegate, or otherwise transfer this Agreement to our successor in interest or an affiliated entity without your consent at any time. C. Authorization Where this Agreement requires that an act involving the administration of coverage and/or benefits be authorized or approved by us, such authorization or approval shall be considered given when provided in writing by a duly authorized officer of Florida Blue or his or her designee. D. Evidence of Coverage We will provide an Evidence of Coverage and ID Card for each Covered Retiree. The Evidence of Coverage will describe the coverage and benefits to be provided to Covered Persons by us. You agree that, if requested by us, you will distribute the Evidence of Coverage (and any Endorsements to it) and other coverage materials to Covered Persons. E. Grievance and Appeals Process We have established and will maintain a process for hearing and resolving Grievances and Appeals raised by Covered Persons in accordance with CMS requirements. Details regarding this process are provided in the Evidence of Coverage. F. Changes to the Agreement Florida Blue may make any changes to this Agreement that are necessary to meet CMS Requirements ("CMS Mandated Amendments") with sixty (60) calendar days advanced written notice to you. Such changes shall become effective as amendments to this Agreement upon expiration of this sixty (60) calendar day notice period. Except in the case of(a) CMS Mandated Amendments or (b) Renewal Notices as described in Section 4.A., no person may change, modify, or revise the written terms or provisions of this Agreement unless such change is made by a written amendment signed by one of our duly authorized officers. For example, no Eligible Retiree or agent of Florida Blue or the Group can change or waive the written terms or provisions of this Agreement except as stated in the first sentence of this paragraph. G. Furnishing and Maintaining Enrollment Records You must provide any information required by us for the purpose of creating and maintaining enrollment records, processing terminations, and recording changes in family status. In addition, you and each Eligible Retiree must submit accurate and complete Enrollment Forms on a timely basis. You are responsible for collecting the Enrollment Forms, reviewing them for accuracy and completeness, and forwarding them to us, along with the applicable Premium payment. All enrollment record information which is relevant to the eligibility or coverage status of any individual must be made available to us for inspection and copying upon request. 9 99 H. Errors or Delays Clerical errors or delays by us in maintaining enrollment records regarding Covered Persons will not invalidate coverage which would otherwise be validly in force•or continue coverage which would otherwise be validly terminated, provided you have furnished us with timely and accurate enrollment information. Errors or delays by you in furnishing accurate enrollment information to us will not affect our right to strictly enforce any and all eligibility requirements. I. Entire Agreement This Agreement sets forth the exclusive and entire understanding and agreement between the parties and shall be binding upon the Covered Persons, the parties, and any of their subsidiaries, affiliates, successors, heirs, and permitted assigns. All prior negotiations, agreements, and understandings are superseded hereby. No oral statements, representations, or understanding by any person can change, alter, delete, add or otherwise modify the express written terms of this Agreement, which includes the terms of coverage and/or benefits set forth in the Evidence of Coverage, the Schedule of Benefits, and any other attachments, amendments or riders. J. Financial Responsibilities of the Group We reserve the right to recover any benefit payments made to or on behalf of any individual whose coverage has been terminated. Our recovery efforts may relate to benefit payments made for health care services rendered subsequent to the Covered Person's termination date and prior to the date notice of coverage termination is required to be made by you. Your cooperation with and support such recovery efforts is required. In the event that you do not comply with the notice requirements set forth in Subsection 5.A (Monthly Invoice), you shall be solely liable to us for Premium due until the effective date established by CMS for a Covered Person's disenrollment. K. Indemnification You shall hold harmless and indemnify Florida Blue, against all claims, demands, liabilities, or expenses (including reasonable attorney fees and court costs), which are related to, arise out of, or are in connection with any of your acts or omissions, or acts or omissions of any of your employees, retirees or agents, in the performance of your obligations under this Agreement. We are not your agent,nor are you our agent, for any purpose. This paragraph shall only apply to the extent allowed under Florida Statutes § 768.28. L. Representations on the Group Application and the Enrollment Forms We rely on the information you and your Eligible Retirees provide to determine whether to issue coverage; the appropriate Premium and financing method; and eligibility for coverage. All such information must be accurate, truthful, and complete. Statements made on the Enrollment Forms are representations and not warranties. We may cancel, terminate, or void this Agreement if the information which you provide is fraudulent, or if you make an intentional misrepresentation. 10 100 r M. Reservation of Right to Contract We reserve the right to contract with any individuals, corporations, associations, partnerships, or other entities for assistance with the servicing of coverage and benefits to be provided by us or obligations due, under this Agreement. N. Service Mark You, on behalf of the Group and its Covered Retirees, hereby expressly acknowledge your understanding that this Agreement constitutes a contract solely between you and Florida Blue. We are an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the "Association") permitting us to use the Blue Cross and Blue Shield Service Mark in the state of Florida and that we are not contracting as the agent of the Association. You further acknowledge and agree that you have not entered into this contract based upon representations by any person other than us and that no person, entity, or organization other than us shall be held accountable or liable to you for any of our obligations created under this Agreement. This paragraph shall not create any additional obligations whatsoever on our part other than those obligations created under other provisions of this Agreement. O. Third Party Beneficiary This Agreement was entered into solely and specifically for the benefit of Florida Blue and the Group. The terms and provisions of the Agreement shall be binding solely upon, and inure solely to the benefit of, Florida Blue and the Group, and no other person shall have any rights, interest or claims under this Agreement, including the Evidence of Coverage, or be entitled to sue for a breach thereof as a third- party beneficiary or otherwise. Florida Blue and the Group hereby specifically express their intent that health care providers that have not entered into contracts with Florida Blue to participate in Florida Blue's provider networks shall not be third-party beneficiaries under this Agreement, including the Evidence of Coverage. P. Inspection and Audit You shall permit CMS, The U.S. Department of Health and Human Services, the Comptroller General, or their designees, to inspect, evaluate, and audit any of your books, contracts, medical records, patient care documentation, documents, papers, and other records pertaining to coverage by providing records to Florida Blue, which will submit the records to CMS. This right to inspect, evaluate, and audit shall extend ten (10) years from the expiration or termination of the Agreement or completion of final audit, whichever is later, unless otherwise required by applicable law. Q. Benefit Administrator Guide We will provide you with a Benefit Administrator Guide, which provides details related to how your plan is administered and your responsibilities as a benefit administrator. R. Member Communications and Campaigns We may send CMS required or Florida Blue member communications without your consent. Samples of all required materials are available upon request for informational purposes. I 101 We may also contact Covered Persons by telephone regarding any Florida Blue campaign and any campaign approved by the Florida Office of Insurance Regulation and/or CMS, as applicable. We will notify you of the campaign prior to making contact with members'. S. COBRA You are solely responsible for determining when individuals are eligible for coverage under a Medicare Plan pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). You will notify us promptly of any COBRA elections. For more information on your COBRA responsibilities refer to the Benefit Administrator Guide. In consideration of the payment of Premiums when due and subject to all of the terms of this Agreement, Blue Cross Blue Shield of Florida, Inc. hereby agrees to provide each enrollee of Indian River County Board of County Commissioners the benefits of this Agreement as set forth in the attached Evidence of Coverage beginning on each enrollee's effective date. The Group has selected the following plan and premium: PPO 1/Rx 1 $319.92 The Group's Agreement is effective as of 10/1/2015. IN WITNESS WHEREOF, the parties have executed this Agreement as of<DATE>. Blue Cross Blue Shield of Florida, Inc. Indian River County Board of County (DBA Florida Blue) Commissioners By: By: (Signature) (Signature) Name: Lynn Esposito Name: (Please Print or Type) (Please Print or Type) Title: Vice President, Sales Operations Title: APPROVED AS TO FOR AND LEGAL SUFFI Y BY 4Z4REImLn-nin COUNTY ATTORNEY 12 102 C✓' ' IrO g in the pursuit of health Indian River County BOCC #90000 2015 BlueMedicare Group PPO* (Employer PPO) Health Benefits Benefits 1: BlueMedicare Group PP01 Premium (per member, per month) $319.92 for PPO1 Rx1 Annual Deductible (DED) :::j $0 In-Network/$1,000 Out-of-Network Out-of Pocket Maximum (based on plan $1,000 In-Network/$3,000 Out-of-Network year) In-Network out-of-pocket maximum accumulates toward Out-of-Network out-of-pocket maximum _ `yr�' �'. '• 9 i � •,��.i = o•-:: mo=w -ax- _ ,y_ Physlcfan O(flce -. R.{ Primary Care (per visit) In-Network $10 Copayment Out-of-Network DED & 20% Coinsurance Specialist Care (per visit) In-Network $30 Copayment Out-of-Network DED & 20% Coinsurance e-Visit In-Network $5 Copayment Out-of-Network DED & 20% Coinsurance Convenient Care Center In-Network/Out-of-Network $30 Copayment iPodiatry Services (per visit) In-Network $30 Copayment (routine foot care up to 6 visits per year) —_ _Out-of-Network DED & 20% Coinsurance Chiropractic Services (per visit) In-Network $20 Copayment For each Medicare-covered visit (manual Out-of-Network DED & 20% Coinsurance manipulation of the spine to correct subluxation) Outpatient Mental Health Care (per visit) In-Network $35 Copayment For individual or group therapy Out-of-Network DED & 20% Coinsurance (including partial hospitalization) Outpatient Substance Abuse Care (per visit) ! In-Network $35 Copayment —j Out-of-Network DED & 20% Coinsurance IPart B Drugs (including chemotherapy In-Network 20% Coinsurance Out-of-Network DED & 20% Coinsurance i-.-Allergy Injections In-Network $5 Copayment I Out-of-Network DED & 20% Coinsurance Y0011_31874 0414R4 EGWP C: 06/2014 1 103 / / F-4 In the OU[SUi+ of health -Benefits BlueMedicare Group PPO' Plan 1 IRS N*1 ,MR,`F Outpatient Surgery In-Network * $150 Copayment for each outpatient hospital facility visit ' * $100 Copayment for each visit to an ambulatory surgical center Out-of-Network DED & 20% Coinsurance In-Network/Out-of-Network 0 $0 Copayment for physician services Diagnostic Tests, X-Rays Office In-Network • Specialist $30 Copayment Out-of-Network DED & 20% Coinsurance IDTF In-Network $50 Copayment Out-of-Network DED & 20% Coinsurance Lab Services Independent Clinical Lab In-Network $0 Copayment Outpatient Hospital In-Network $15 Copayment All Locations Out-of-Network DED & 20% Coinsurance Advanced Imaging (MRI, MRA, CT Scan, PET Scan and Nuclear Medicine): Office In-Network $125 Copayment Out-of-Network DED & 20% Coinsurance IDTF In-Network $125 Copayment Out-of-Network DED & 20% Coinsurance Outpatient Hospital In-Network $150 Copayment Out-of-Network DED & 20% Coinsurance �� ���-------- --� ----� | | . . Y0011 31874O414R4EG\�UzC� U8/2O14 - 2 104 In the pursuit of heath GroupBenefits BlueMedicare e Outpatient Hospital Services (per visit). Occupational Therapy, Physical Therapy, In-Network $30 Copayment Speech & Language Therapy, Cardiac-and Out-of-Network DED & 20% Coinsurance Pulmonary Rehab (including intensive cardiac rehab) Radiation Therapy In-Network $50 Copayment Out-of-Network DED & 20% Coinsurance Dialysis In-Network/Out-of-Network 20% Coinsurance Lab Only In-Network.$15 Copayment Out-of-Network DED & 20% Coinsurance All Other Diagnostic Tests, X-Rays, In-Network $150 Copayment Advanced Imaging, etc. Out-of-Network DED & 20% Coinsurance Urgently Needed Care In-Network/Out-of-Network $30 Copayment (This is not emergency care, and in most cases is out-of-the-service area.) Emergency Services In-Network/Out-of-Network $50 Copayment Worldwide Coverage Dental, Hearing and Vision (Medicare- _ In-Network $30 Copayment j Covered) —�—' Out-of-Network DED & 20% Coinsurance — Home Health In-Network/Out-of-Network $0 Copayment Ambulance In-Network/Out-of-Network $150 Copayment for Medicare-covered ambulance services Y0011_31874 0414R4 EGWP C: 06/2014 3 105 � Z%Wfell 09 In the pursuit cf health Benefits, BlueMedicare:Gro. up PPO*�Plan I IN St fi" ali Me Durable Medical Equipment/Diabetic Supplies Diabetic Supplies (glucose meters, test strips In-Network $0 Copayment and lancets) Out-of-Network DED & 20% Coinsurance Note: needles, syringes and insulin for self- injection are covered under your Part D benefit Equipment: Plan-Approved Electric In-Network 20% Coinsurance Customized Wheelchairs, Electric Scooters Out-of-Network DED & 20% Coinsurance All Other Medicare-Covered Durable Medical In-Network $0 Copayment Equipment Out-of-Network DED & 20% Coinsurance Prosthetic Devices In-Network $0 Copayment for Medicare-covered items Out-of-Network DED & 20% Coinsurance Outpatient Rehabilitation Occupational Therapy, Physical Therapy, Speech & Language Therapy, Cardiac and Pulmonary Rehab (including intensive cardiac rehab) Office or Freestanding Facility In-Network $30 Copayment for each visit Services Out-of-Network DED & 20% Coinsurance Outpatient Hospital Services In-Network $30 Copayment for each visit Out-of-Network DED & 20% Coinsurance Dialysis In-Network/Out-of-Network 20% Coinsurance gtx Up 'Ns V. Inpatient Hospital Care In-Network (including substance abuse treatment) 0 $150 Copayment each day for day(s) 1-7 for a Medicare-covered stay in a network hospital 0 After the 7th day, the plan pays 100% of covered expenses per stay Out-of-Network DED & 20% Coinsurance J Y0011_31874 0414R4 EGWP C. 06/2014 4 106 :r Iii the PLA-suit o: health BlueWdicare GroupPPW-Plan.1 Inpatient Mental Health Care In-Network • $200 Copayment each day for day(s) 1-7 for a Medicare-covered stay in a network hospital • $0 Copayment for day(s) 8-90 for a Medicare-covered stay in a network hospital • 190-day lifetime limit in a psychiatric hospital Out-of-Network DED & 20% Coinsurance Skilled Nursing Facility In-Network (in a Medicare-certified skilled nursing . $0 Copayment each day for days 1-20 per facility) benefit period • $75 Copayment each day for days 21-100 per benefit period • There is a limit of 100 days for each benefit period • 3-day prior hospital stay is not required Out_of-Network DED & 20% Coinsurance i Hospice Member must receive care from a Medicare- i certified hospice r� j Ve'Am-. ..•2V_'1 _6,;•Y-:`p - t- �I flue SenrisesM1- N `` �`5 ��X t t 36-U> DR2. Annual Screening Mammograms In-Network $0 Copayment for Medicare-covered (for women with Medicare, age 40 and older) screening mammograms Out-of-Network 20% Coinsurance Pap Smears and Pelvic Exams In-Network (for women with Medicare) • $0 Copayment per Pap smear • $0 Copayment per pelvic exam Out-of-Network 20% Coinsurance Bone Mass Measurement In-Network $0 Copayment for each Medicare- I (for people with Medicare who are at risk) covered bone mass measurement Out-of-Network 20% Coinsurance i Colorectal Screening Exams In-Network $0 Copayment for Medicare-covered i (for people with Medicare age 50 and older) ! colorectal screening exams 1 Out-of-Network 20% Coinsurance Prostate Cancer Screening Exams In-Network $0 Copayment for Medicare-covered (for men with Medicare age 50 and older) prostate cancer screening exams Out-of-Network 20% Coinsurance Y0011_31874 0414R4 EGWP C: 06/2014 5 107 In the pi.irsLdt of health' ! - • Vaccines (Medicare-covered) In-Network/Out-of-Network • $0 Copayment for influenza vaccine • $0 Copayment for pneumococcal vaccine y 'jam/V,'ci�� • $0 Copayment for hepatitis B vaccine < 1 � �!"���� {tJ2'f� t= a`- jT"��� a 7' 4 —�a .Nuffill, tHea &�Wel)ny enefit`� r w5�r . ' '. � MW �' �Tf sY:.. Fitness Free membership through SilverSneakers BlueMedicare Group PPO out-of-pocket maximum includes all covered health services member cost share rendered in/out of network on a calendar year basis. Supplemental services and Part D costs are not applied to out-of-pocket maximum. Medicare Part B -the premium provided under this plan excludes the Medicare Part B premium payments. (Members must continue to pay the Medicare Part B premium unless paid by Medicaid or another third party.) Florida Blue is a Medicare Advantage organization With a Medicare contract. Enrollment in Florida Blue depends on contract renewal. e Y0011_31874 0414134 EGWP C: 06/2014 6 108 In the pursuit of health Indian River County BOCC #90000 2015 BlueMedicare Group Rx*(Employer PDP) ,,,Benefits BlueMedicare Group R' Option Premium Included with PPO1 Rx1 Annual Deductible $0 — Retail 31-day Supply Tier 1 - Preferred Generics $10 Copayment Tier 2 - Non-Preferred Generics $10 Copayment Tier 3- Preferred Brand $40 Copayment — Tier 4- Non-Preferred Brand $70 Copayment Tier 5- Specialty Drugs 25% Coinsurance Mail Order — — —`— 90-day Supply with PRIME Mail Order Tier 1 - Preferred Generics $0 Copayment Tier 2 _Non_Preferred Generics _-- $0 Copayment Tier 3 - Preferred Brand .$80 Copayment Tier 4_Non-Preferred Brand I $140 Copayment Tier 5 - Specialty Drugs 25% Coinsurance Gap ------ — - ---- 31-day Supply Tier 1 - Preferred Generics $10 Copayment Tier 2 - Non-Preferred Generics $10 Copayment — Tier 3 - Preferred Brand $40 Copayment Tier 4=Non-Preferred Brand_ $70 Copayment Tier 5- Specialty Drugs 25% Coinsurance —j Greater of$2.65 Copayment or 5%o Coinsurance for I Catastrophic ; generic drugs ` Greater of$6.60 Copayment or 5% Coinsurance for brand drugs Florida Blue is an Rx (PDP) Plan with a Medicare contract. Enrollment in Florida Blue depends on contract renewal. Prescription drug copays do not accumulate towards the health plan annual out-of-pocket maximum ' Part D Creditable Coverage—The enrolling member may incur late enrollment penalties as defined and set by CMS in accordance with Part D guidelines if prior creditable coverage cannot be proven Y0011_31876 0414R1 EGWP C: 06/2014 109 ii 1 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Richard B. Szpyrka, P.E., Assistant Public Works Director SUBJECT: Amendment No. 1 to Work Order No. 1 for Masteller& Moler, Inc. 49th Street/US 1 Intersection Improvements IRC Project No. 1412 DATE: September 3, 2015 DESCRIPTION AND CONDITIONS On March 10, 2015, the Board of County Commissioners approved Work Order No. 1 with Masteller&Moler, Inc.to provide planning and design services for intersection improvements at the following locations: eastbound left turn lane on 491h Street at Old Dixie Highway; eastbound left turn lane on 49th Street at US 1;and north and southbound left turn lanes on Old Dixie Highway at 491h Street. The 49th Street eastbound left turn lane at the approach to Old Dixie Highway will require coordination with CDM Smith, Inc.for"All Aboard Florida"with the Florida East Coast(FEC)Railway for the expanded roadway improvements.Work Order No. 1 is for a total lump sum amount of$70,140.00. Amendment No. 1 to Work Order No. 1 is for preparation and submittal of FEC permit application as related to the railroad crossing at 49th Street for a lump sum amount of$3,500.00 with a reimbursables maximum of $1,000.00 as outlined in the attached Scope of Services (Exhibit "A"). FUNDING Funding is budgeted in Account No.31521441-066510-15010,Optional Sales Tax,49th Street/US 1 Intersection Improvements in an amount up to $4,500.00. RECOMMENDATION Staff recommends approval of Amendment No. 1 to Work Order No. 1 to Masteller& Moler, Inc.authorizing the above-mentioned professional services as outlined in the attached Scope of Services(Exhibit A)and requests the Board to authorize the Chairman to execute the attached Amendment No. 1 to Work Order No. 1 on their behalf for a total lump sum amount of $3,500.00 with a reimbursables maximum of$1,000.00. i 111 F•\Public Worcs\ENGINEERING DIVISION PROJECTS\I412.49th St—US I Intersec Improv\AdmiMagends items\BCC Agenda Mastella&Moler Amendment No I to WO 19-22-201 Shoe 1 Page 2 Amendment No. 1 to Work Order No. 1, Masteller & Moler, Inc. 49th Street/US1 Intersection Improvements For September 22, 2015 BCC Meeting ATTACHMENTS Amendment No. 1 to Work Order No. 1 Scope of Services Exhibit "A'" DISTRIBUTION Masteller& Moler, Inc. APPROVED AGENDA ITEM Indian River County Ap d Date FOR September 22, 2015 Administration /Z /S B Budget 7 /� Legal Public Works Engineering <� 112 F:\Public Works\ENGINEERING DIVISION PROJECTSV 41249th St—US I—Intersec ImprovlAdmiMagende items\BCC Agenda Masteller&Moler Amendment No 1 to WO 19-22-2015.doc AMENDMENT NUMBER 1 WORK ORDER NUMBER 1 49TH STREET/ USI INTERSECTION IMPROVEMENTS — IRC Project No. 1412 This Amendment 1 to Work Order Number 1 is entered into as of this _ day of _ , 201J pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller& Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 1, Effective Date March 10,2015. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit "A" (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit "A", and within the timeframe more particularly set forth in Exhibit "A", all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Masteller& OF INDIAN RIVER COUNTY By: By: Stephen E. Moler,PE Wesley S. Davis,Chairman Title: Vice President BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: seph . Baird,County Admin strator Approved as to form and legal sufficien Dylan T.Reingold,County Attorney 113 M J MASTELLER & MOLER, INC. I CIVIL ENGINEERS^ - EXHIBIT "A" AMENDMENT#1 TO WO# 1 -Masteller& Moler, Inc. 49th Street/US1 Intersection Improvements Professional Engineering Services This Amendment is for work necessary as the planned turn lane improvements at 491" Street and Old Dixie Highway will require modifications to 49th Street at the Florida East Coast Railway (FECRR) crossing in Indian River County. Work Order No. 1 included coordination with CDM Smith, the County's liaison for the AAF Railroad project, and CDM Smith submitting our plans to the FECRR. It is our understanding the County would prefer our office to coordinate directly with FECRR. As such, we shall coordinate to obtain approval of our Construction Plans by the FECRR prior to the project being bid. We have been advised by the FECRR the review and approval of our plans will be completed by their sub-consultant, Xorail of Jacksonville, Florida. Xorail will also develop plans for modification of FECRR facilities to_accommodate this project. We have contacted Xorail and have determined the following scope of services is needed to be provided by our firm to obtain our Construction Plans approval: Scope of Work: We shall coordinate with the Florida East Coast Railroad (FECRR)to obtain approval of our 49th Street/ Old Dixie Highway turn lane improvements as related to the railroad crossing at 49th Street. We shall prepare the FECRR provided application form and submit our Construction Plans for formal review. During the Construction Plans approval process, we shall address comments received from the Xorail and make re-submittals. In conjunction with our designs, Xorail will be developing separate designs for construction work within the FECRR right-of-way at 49th Street relating to modifications to their facilities to accommodate this project. It is understood the County will need to include the Xorail Construction Plans within the construction scope of work to be bid for this project. (The Xorail design fees are not included in our fees.) We will complete the above described scope of services for the Lump Sum fee of $ 3,500.00 and Reimbursables(max.)$ 1,000.00. (The County will need to provide the required review fees to be submitted with the application.) Schedule Upon receipt of executed Amendment No. 1, we shall complete the scope of services for this project on the following schedule: Task Wonting Days FECRR Permit Application 10 Days FECRR Review& Comments Unknown Please let me know if you have any questions or concerns Si-wmwely, ELLER& MOILER, INC. phen E. Moler, PE Vice President SEWcab FW1456 (Addendum#1-081315.d=) 1655 27th Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 mastmolr@bellsouth.net 114 iCONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM (1 TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director C�V_ FROM: Richard B. Szpyrka, P.E.,Assistant Public Works Director SUBJECT: Indian River County Intergenerational Recreation Facility at South County Regional Park-FPL Easement IRC Project No. 1135 DATE: September 8, 2015 DESCRIPTION AND CONDITIONS On December 9,2014,the Board of County Commissioners approved the bid award of the Indian River County Intergenerational Recreation Facility at South County Park. In order to operate the facility,three-phase electrical power will have to be provided by Florida Power and Light Company(FPL).As part of the project design,the FPL transformer and associated equipment are located on the project site in an enclosure.To provide power to the on-site location,the County is required to dedicate a utility easement for FPL to retain legal access for construction, operation, and maintenance of the electrical service and corresponding transformer. FUNDING Funding for recordation of the easement is available in Optional Sales Tax Account No. 31521072- 066510-03028 in the amount of$27.70. RECOMMENDATION Staff recommends approval of the attached Utility Easement with FPL, authorize the Chairman to execute same, and authorize staff(the County Attorney's Office)to record the executed easement as presented. ATTACHMENTS FPL Underground Utility Easement APPROVED AGENDA ITEM Indian River County °ate Administration _/ 7 ,S FOR September 22,2015 suas« BY �1 Legal Public works 9- Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\I 135-S County Park Intergenemtiional Rec Facility\Admim\agenda items\FPL , Easement\1135-IG Building-FPL Easement Agenda 090815.doc 115 Work Request No 6114663 UNDERGROUND EASEMENT Sec.23,Twp 33 S, Rge 39 E (BUSINESS This Instrument Prepa By Parcel I.D. Name: 33-39-23-00001-0100-000 Co.Name: Indian River County Attomey' Off (Maintained by County Appraiser) Address: 1,801 2r Street Vero Beach.FI 32960 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby apknowledged,grant and give to Florida Power&Li ght Company, its affiliates, licensees, agents, successors, and assigns (FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above-ground equipment) to be installed from time to time;with the right to reconstruct, improve,add to,enlarge,change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit"A"("Easement Area') Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes, the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on ,20_ Signed,sealed and delivered in the presence of: Indian River County,a political subdivision of the Stme of Flonda rgn ure Print Name: Jeffery R.Smith,Clerk of Court and Comptroller By: FRnes-S). Print Name: Wesley S.Davis,Chairman Print Address: 1801 27th Street (WMws Signature) Vero Beach.FI 32960 Print Name: (Witness) STATE OF Florida AND COUNTY OF Indian River The foregoing instrument was acknowledged before me this day of , 20___, by Wesley S.Davis the Chairman of the Board of County Commissioners of Indian River County a Political Subdivision who is personally known to me or has produced as identification, and who did (did not) take an oath. (rype of Identification) My Commission t)lres: Notary Public,Signature Print Name l:_ L ,�: i aw _ 116 LEGAL DESCRIPTION—FLORIDA POWER & LIGHT EASEMENT A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 829, PAGE 2333 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: a A STRIP OF LAND 10 FEET WIDE AND LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBE CENTERLINE: d COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA AND RUN S89'41'21"E, ALONG THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 717.24 FEET TO A POINT; THENCE RUN N00'18'39"E A DISTANCE OF 130 FEET TO THE NORTH RIGHT—OF—WAY LINE OF OSLO ROAD PER OFFICIAL RECORD BOOK 2699, PAGE 2041 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING OF THE AFOREMENTIONED CENTERLINE; THENCE RUN N01'28'26"W A DISTANCE OF 147.97 FEET TO A POINT; THENCE RUN NO3'48'32"W A DISTANCE OF 80.37 FEET TO A POINT; THENCE RUN N09'05'56"W A DISTANCE OF 21.25 FEET TO A POINT; THENCE RUN N17'32'13"W A DISTANCE OF 53.46 FEET TO A POINT; THENCE RUN N06'19'12"W A DISTANCE OF 31.25 FEET TO A POINT; THENCE RUN NO2'52'51"E A DISTANCE OF 34.23 FEET TO THE TERMINUS OF SAID CENTERLINE, SAID POINT ALSO BEING KNOWN AS "POINT A". TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGIN AT THE AFOREMENTIONED "POINT A", SAID POINT BEING THE TERMINUS OF THE CENTERLINE OF A 10—FOOT STRIP, AND RUN N89'22'57"W A DISTANCE OF 17.79 FEET TO A POINT; THENCE RUN N00'15'12"E A DISTANCE OF 47.22 FEET TO A POINT; THENCE RUN N89'53'29"E A DISTANCE OF 33.62 FEET TO A POINT; THENCE RUN S00'21'06"W A DISTANCE OF 47.64 FEET TO A POINT; THENCE RUN N89'22'57"W A DISTANCE OF 15.75 FEET TO THE POINT OF BEGINNING. t� ALL LYING AND BEING IN INDIAN RIVER COUNTY,. FLORIDA TOGETHER CONTAINING 5,728.09 SQUARE FEET, MORE OR LESS, OR 0.12 ACRES. LEGEND (D)=DEED ESMT=EASEMENT F.P.&L.=FLORIDA POWER & LIGHT I R.F.W.M.D.=INDIAN RIVER FARMS NOTES WATER MANAGEMENT DISTRICT ORB=OFFICIAL RECORD BOOK 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL (P)=PLAT OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. P.B.=PLAT BOOK 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE PG.=PAGE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J17, FLORIDA ADMINISTRATIVE CODE. P.O.B.=POINT OF BEGINNING P.O.C.=POINT OF COMMENCEMENT 3. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING CONDITIONS OR RGE=RANGE FEATURES ARE NOT SHOWN. R/W=RIGHT—OF—WAY =TOWNSHIP 4 THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THERE MAY TWPTWP=UTILITY BE EASEMENTS, RESTRICTIONS, RESERVATIONS, OR OTHER ENCUMBRANCES NOT SHOWN, BUT MAY BE FOUND IN THE PUBLIC RECORDS. NOT VALID WITHOUT BOTH SHEETS 1 AND 2 AS CREATED THIS IS NOT A SURVEY-SKETCH TO ACCOMPANY LEGAL DESCRIPTION INDIAN RIVER COUNTY ADMINISTRATION BUILDING INDIAN RIVER COUNTY DRAWN ' SECTION 23 s"Err 1901 27th STREET ROACH FLORIDA POWER & LIGHT EASEMENT 1 VERO BEACH, FL 32960 Department of Public Works D BY. TOWNSHIP 33S (772> s97-9o0o Engineering Division RANGE 39E SOUTH COUNTY PARK 00 0 50 100 200 L9 LINE TABLE L, N01'28'26"W 147.97' GRAPHIC SCALE `� PAD` ' L2 NO3.48'32"W 80.37 -i (IN FEET) 0 40 L3 N09'05 56 21.25 L7 L,1 RB 17t. L4 N17'32'13"W 53.46' POINT "A" L6 w I PG 635 L5 N06'19'12"W 31.25' L6 NO2'52.51"E 34.23' TERMINUS OF L5 �I L7 N89'22'57'W 17.79 10' STRIP EASEMENT L8 N00.15'1 2"E 47.22' d L9 N89'53'29"E 33.62' L4 LLJ L10 S00.21 06'1M 47.64' Z L1 1 N89-22'57"W 15.75 L3 I � J U W ry CENTERLINE OF i Z SOUTH COUNTY REGIONAL PARK 10' STRIP EASEMENT W INDIAN RIVER COUNTY > 33-39-23-00001-0100-00001.0 L1 Q SITE ADDRESS: 800 20TH AVE S.W. if O.R.B. 829, PG 2333 o 5' clq I 5 R W LINE I IL---- I � I P.O.C. P.O.B. I SE CORNER OF SW 1/4 OF SECTION 23 °�° m TWP 33S, RGE 39E o a 01 M I cO -------------------------------- --- --- ---------------------------- ------ � OSLO RO-A-------�o ------------------ S LINE SECTION 23 a a S89'41'21"E 717.24' ~D z I.R.F.W.M.D. "E-8" CANAL DAVID W. SCHR R, P' tDAM FLORIDA REGISTRATIO 0:- .LS 4864 NOT VALID WITHOUT BOTH SHEETS 1 AND 2 AS CREATED INDIAN RIVER COUNTY-SURVEYOR AND MAPPER INDIAN RIVER COUNTY ADMINISTRATION.BUILDINGINDIAN RIVER COUNTY DRAWN SECTION 23 s"U7 1801 27th STREET B. ROACH FLORIDA POWER & LIGHT EASEMENT 2 VERO BEACH, FL 32960 Department of Public Works APPROVED s,,, TOWNSHIP 33S SOUTH COUNTY PARK (772) 567-sono Engineering Division D. SCHRYVER RANGE 39E INDIAN RIVER COUNTY 90 MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Developm t Director THROUGH: Roland M. DeBlois, AICP `> Chief, Environmental Planning &Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: September 14, 2015 RE: Rachel's Storage, LLC's Request for Release of Easements at 11650 and 11660 Hewlett Drive(Sebastian Grove Estates Subdivision) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting on September 22, 2015. DESCRIPTION AND CONDITIONS The County has been petitioned by Rachel's Storage, LLC, owner of four combined lots at 11650 and 11660 Hewlett Drive in Sebastian Grove Estates Subdivision, for release of common rear lot line 5-foot utility and drainage easements on the commercially zoned lots. The purpose of the easements release request is to allow for parking improvements on the combined lots(see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power& Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements. Therefore, it is staff's position that the requested easements release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the drainage and utility easements described in the resolution. 119 RACHELS STORAGE, LLC Release of Easement Page 2 i ATTACHMENTS ! 1. Map(s)depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. APPROVED: FOR: September 22,2015 BY: [ .County Approved Date Admin. Legal Li— Budget fBudget ` 1j Dept. / Risk Mgr ease.bccmemo proj./appl.no.96080181/75137 120 PLAT BOOK 5 PAGE 85 DOCKET 99590 SEBASTIAN GROVE ESTATES on*tnan or a[a:Tto. afAn Of AgrW}16.TA. 1 to stM11 A $/D Of Tilt R 1/t OF OOVT.LOT t, M.T, AND TINT �„ AM..1 fl _ r maNTT to NAsso.t 3 PART a &LOCK 11 MOIDtt'S ADDITION, a[MO IN "VT.LOT o. � co0[TT of 1.0.AlTr, rr»•....mt.. O' s n P•r•ar lL•rr..r.A+•••►a T.PAG Tr► ba ASS.as[ At 1ARCOOCD IM RAT Boot R 1.O11•b••.Ie,•w t• .N••m• - A; .a.w. !.►ADt 1 ST.Luen CO.FLORIDA.A[CORD!• 1.f••.►a 1.alle•rA.w m.•mr•f rr•t/n .wtN mt•ANI.•... •f►Lt Y r UA•.- a � » u•..4Mt».•lnet•f LY rryyb A»•rl1N bwlNw tr•r•lA»•»t•iai•A•LL»tt.•. X A tr�pTlAl�f�e�•.rL17•tr..ty,r•IlONtwreir nr•w q ry•Y•ffl•IAl» •t N.T1f7 N,f uw r. 6 �.04•N••q.rrb•Y w.rN.,••Mw m•». A/.!y�N.J7_4f•f�lb f!A.' •C' YArA.•»1•A•Y A•1l••rN 1.6.►n.•r••f• Nar�aef.t LrMiiq'q.' . It •P 11 r•1 •q(ri.. 41 lug 11 la O Can1nOAT2 Of CLAMS of CIACMT COURT O' 1.U.rt if ar Oln.lt a•..%if 3Y1•.tl»r Oi=)�71 rift.A. ` M%,»rtlryff trt i rw.srlrA tu•►Ut•f rb.trtlw s . a•raN•Y tA.t It•w►u.1 b .lm•u tr npw••r•.•if to 16 i101115.f tr 1•••N>Lrt"It.r. 1►b ll.e rt A nr re K 1►r rA rwNN w w r.t rqt tr ffl» f m.01•rS H m•Urr1t •'INrA W Ed ..11t� X.L. r •�. IT ... If ; tl...e..W.71-tr. or.hi•1., — \ s IS \k 1 lSlnnuTt Of AMOCAL �v`� t!1•eb[•f rr••W o»•.4Yt••b rNb•nwpn•�N 7 K It tlr�ta••.tf.Mill".• o wl•H•ri".[fYf.• �• ATO p t e� �•J`r..A•1•f�Itfbl...1►ee. &[.COD.Of TIIR lI&,RANOt IIa[. t s a t0 • _ i �.(,CS aG OOferY•t 42117301CAn a = 1 r»b TO. Or� D •.1ury W•t lb.Pb1.t U •M•Ar•b!»M•b•1. 21 tl ".. ft LLwfrpty •tmq A•YrIMA q•a•rV1 t!N alt ^I 7• ASIA rA b w.Mr r tr•wt f AS,r•.1.As. 9 pp IA A".►Ifb Ilan•1mn r1.rqt r•]wad•Y' :'I;,r N tt f e u m.a►'•n�L i�r.r...• W» • t;;titin• y'. gf wsnV 4. q PT'r♦, tY � � -10 s A A•f l•MrN rpr.r Iae1s .r •, e a 6 t^ s ea aaTlnoAn of AfTI1aA1. '^•.... b } .O toil.r.Lftt•[rW..yt`wa l 61b b flrU.', R II e L N 4 I •.Lr.tia•�.(•A. .un. asan e e z. K 4a. a tl1 b TI•S d to k TI,.e _o e N . i a e .� 1 t It '6 ,; '.•dry a • TO 'y M&1 1I�e� PRM r+Ty L.. F t!J MOODME RE ROAD c+ +•J � - TTI tU Tod e L o c N 4 n a a w o it u a s a l A D + a t o l toenc e se.•e RE.P •INDI[ATt!PAN O @OrATn WON FH m.w].i...%• �II uwmw O PON MLN: InMTi[s Am Com" MMMAQ r 00 SM LIR1 AND.e p111W LIRte OF ALL LOID. ELCVATIONS ARt ONDERRC IED AND Mt TO 1131G a AS DATUM. �•►A-rs i•.e N • 1-+ HAHKI*ziUN Jmr-r- i 7W Raw j ok b LOT 5 I LOT 6 ej u%'npuln U."I OAP RTD AR • —IM041, '17 L:.'j LOT CAR ,00 illy 3'UIIUTY Q DRARIAN 1:MU.14914T vqQ. CA ID Itf (4044) I STORY Ing ':14' U -,-LOT 3 • fN -1 STOWRY j V. f1, AIUIiL.1 ....,.«�i� 'f1' I.,� Ifh:�l< 9 ........... 1 J`l i `;:1_ _. , ?_4!? �__. . ....... ... (04 'fib. ti` (0440) U%Ulf ta 0141MAIR.I-AV.Ml 40) nm IN LOT 2 LOT, 9 -7' I RESOLUTION NO. 2015 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,RELEASING CERTAIN EASEMENTS ON LOTS 3,4,7,AND 8, BLOCK 3,SEBASTIAN GROVE ESTATES SUBDIVISION WHEREAS, Indian River County has an interest in certain drainage and utility easements on Lots 3, 4, 7, and 8, Block 3, of Sebastian Grove Estates Subdivision; and I WHEREAS,the retention of those easements, as described below, serves no public purpose; NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right,title, and interest r that it may have in the following described easement(s): the easterly rear lot line five (5)foot drainage and utility easements of Lots 3 and 4, and the westerly rear lot line five (5)foot drainage and utility easements of Lots 7 and 8, Block 3, Sebastian Grove Estates, according to the plat thereof recorded in Plat Book 5, Page 85, of the Public Records of Indian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner seconded by Commissioner , and adopted on the day of 2015, by the following vote: Chairman Wesley S. Davis Vice-Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D.O'Bryan The Chairman declared the resolution duly passed and adopted this day of 12015. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA By: Wesley S.Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ATTACHMENT 123 RESOLUTION NO.2015- APPROVED AS TO LEGAL FO CountyAttorn y ease.bccdoc proj/apt.no.96080181/75137 Cc: Applicant: RACHELS STORAGE, LLC 12798 81 ST CT SEBASTIAN, FL 32958 e 124 INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Deve opment Director THROUGH: Roland M. DeB lois,AICP Chief, Environmental Planning &Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: September 14, 2015 RE: Amy Honey's Request for Partial Release of an Easement at 1415 Sunset Point Lane (Sunset Point Subdivision) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting on September 22, 2015. DESCRIPTION AND CONDITIONS The County has been petitioned by Amy Honey, owner of two combined lots (Lots 6 and 7) at 1415 Sunset Point Lane in Sunset Point Subdivision (now known as Sunset Lagoon), for release of the north 5 feet of a 20 foot drainage and pedestrian access easement on Lot 6. The purpose of the easement release request is to eliminate the pedestrian access portion of the easement which is now unnecessary since the two lots have been combined and pedestrian access between Lots 6 and 7 is no longer needed. This partial easement release is requested to accomodate planned improvements on the combined lots (see attached maps). ANALYSIS The request has been reviewed by the County Road&Bridge and Engineering Divisions;the County Surveyor;the County Planning Division; and the Sunset Lagoon Property Owners Association.None of the reviewing agencies expressed an objection to the requested partial release of easement. Therefore, it is staff's position that the requested partial easement release would have no adverse impact to drainage or pedestrian access to the subject property or to other properties, since no objections have been raised and since pedestrian access between Lots 6 and 7 is no longer necessary. RECOMMENDATION Staff recommends that the Board,through adoption of the attached resolution, approve partial release of the drainage and pedestrian access easement described in the resolution. 125 HONEY, AMY A Partial Release of Easement Page 2 ATTACHMENTS 1. Map(s) depicting easement portion proposed for release. 2. Proposed County Resolution Releasing Easement. APPROVED: FOR: September 22, 2015 BY. '.' J) A &'5) 1.PL County Appr d Date Admin. /7 Legal D ��M ease.bccmemo proj./appl.no.2015080058/75262 126 Page l of l � lte�e iRE WEE €�6 ti E i d Lu bE °° pap��a �jej k�FEE t° p�ia����E EE=1iiEN 1,GBF E!°Je ie{{ i' F �E GYitD r : I ESYIy ��.R 1 Rid.. e c 11 eYi'd! Aid i 4"iXs ii ¢€ iE<i �'i5Ifil 1¢ ! ! t lid Ig riR pI�I ! °.[ �.� �t _ Rlis� $� � ° 1 A dtli i spill °g, x �_ �7 it'; ii� t _ � _ °, bi tris S Fii s6 �E ! Ec °� r Mi F ° jg° d� i fllill:'9 ill -at it.le 2 °e it a k L e`E d�B gftg ! C 0 .15v 1b It If .6�g ! �l� c1l�eQ Z N� F,, �f � a; al d dip r!� " °e� , pke.Willi i5��i _ `g tHO jp a �iR E� 9 O Z0 a. E F it F CO Ljjtt ti�lp Mb �� att �° �� a 3,-,j W I�� i��iri= A F i Ei7 11 has ��� i� nii11aR' N FFp pE� 1.11: tF !ia-ip , c � �Eip t a r° i Roks °pts 951 NE666� ei F `6tj �i MJF p+ e , E � !°{�•548 Bpp. ; eE4Q� ° 6EY66� EEE �itYY 6 \t �gB � ��a� tl�96 6 e Dab !� 127 http://ori.indian-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC... 9/16/2015 SUNSET POINT SUBDIVISION PLAT BOOK 14 PAGE ;Z OF) SECTIONS 16 &17, ' TOWNSHIP 33 SOUTH, RANGE 40 EAST INDIAN RIVER COUNTY, FLORIDA DOCKET NO. SHEET-ZOF2 83 9S 14 FLODD NAZARD WARNSq-TNq pRp{pyEpgpTpY MAY BE NO BUILDING PERMR WILL DE ISSUED FOR ANY DULDIOWNEA.OR7N11pE WITHIN �UL�OFFILNLS NFANb OBT11N THE DE71THIS0NEE OBTASUMMSI ISMS AN NRU1L AMDM D FYULECONCURUDCY CERTIFICATE TIONS DEVELOPMENT BEFOREE MAKING PIANS FOR THE USE OFF NSD PEENMR SOIpInROJECT OR�EOWNEIIM OF THE�NOWLEDDES TMT T FOR WHIC"A DMN THIS PROPERTY. RIVER COUNTY AND ITS ASSWN]00 NOT DMAANTEL THAT ADEQUATE _ CAPACITY WD.L OM AT THE TIME TIE OWNER OR THE OWNER'S NORTHEAST COMM OF OESaNEE,CNOOSE9 TD APPLY FOR AND OBtAlll SUCH COIQ/NRENCY I DOVERNMENT LOT E CERTIFICATE. SECTION O-SS-.O NOT-PLATTED \ IDT 1 is tllS.lCT TO A tpl[lAl[ owm LD'UYRppy RIVER A[MPRWDIdRTINI Z •�'�p �G FIORrN LIRE OF THE same Efo'OF THE NORrN.oe'OF Dove LOi e.sEsruN n . Q�9 wlDf DAAWItlt tAstNort Far• N. a••SYtI•t MR t' s — mer` �v eMN.et a"I"Tu=wtn .1% vnOY tA[tpm- .. eb S70RMWATR. a.. Ia..O' ST..DMANAGE=) . � ARtlSA tL 1 g v ' o a'DRANnet a Mt11.LNIt IAANAu .INq MtIN� L t Z l ` fu[N[Nr 1 —M11a -— *CC__ — —. fA]tWBIT a NOT-INCLUD�I LAGDON 1 (CoN.1EAWD1oN• EASEMENTlab pM[1t�6F� A 7 \ crow "sow rt L_�—�5�� _�.� LY OWD•IDt EA!!It[MT \ tt99 \ M aS•Sa'tl•• � .qAl' '!' t soroo' W ]st.IS onor Sa1TH L IM OF THE NORTH RDD'OF OMrT.LOT t,SDDTON 1TMID �vmy.TCGT CURVE TABLE CUIA "papRAMq DB.TA. 1AAC mf DILL SA. MOM CIf • NOT-RATTED b n.od ", a• "If a sItTN C, (M-90u, r.w Am Ff.'st]N1•L91"N.Y.D.6ENC—Aft b les2t prwo-w fQ ffslt [ b i0•QR WTI.tW.N1DM�l. RvNp DO IISa'tY]f• DO tastowsslbtSYt tA.' �N�[TT11fMNRDR�1 ty f Of !Ad [! T. [lMTefN•�:y NaYn ���•�u,� cr lAwal•M Al s l.LN b -aw 0.0151• ARTY swwww "ar PA[PARLD aN wlf . b N ftolf CD b M. f T. .MMES A.FOWLER CN AS qT N LAID SURVEY COMPANY c¢ Seml frf w5r Tan' • fY[ TI.M w•TT"AVENUE 4 aP 4•. IID Ca t] lls•M .a N .1 POST SE BOX I M VETO FFNX ft NIT SCALE.P•.y ce fDDC a•vsY I:w,,or Is°wl—rg �y,MD q,. s-]D-a. 0-4 N 00 N 90°00'00*E 414.35' F39 Z� —1 9.19' LANE - 90 RO.W -� C/1 10 DRAINAGE 9 UTILITY EASEMENT � S 00°00'00"W 169.29' 01 \ STORMWATER - m' 112.40' 57.00' /S MANAGEMENT N� 0 o EASWIDE EMENT DRAINAGE C6. TRACT A \` 000 e 1 PRM % DUE �0o TO LAGOON 4 C/4 DRAINAGE a UTILITY EASEMENT EASEMENT %g E/ g �pS�t�j C2 S 90°00 oo"W 137.61' N I pm / 50 / , �� �� S C3 131.97 .00 $i� e � ■ �' � � �NPS O X90.2{00 N O / pP O led _ � 7 9.40' N ,N 90"00'00"E ' 61.10' 7723' _ ACCESS EA 7723' — co 61.10 N1 7= -----4163'69' 471.03' 15' DRAINAGE EASEMENT �p S 90"00'00'W 532.13' 9nn �q �► NaIRn�► 5 of Zo �AsEM T NN �6 CIA � b �cR'�t.>✓A5E � � m N .cub RESOLUTION NO. 2015 - A RESOLUTION OF INDIAN RIVER COUNTY,FLORIDA,RELEASING A PORTION OF AN EASEMENT ON LOT 6, SUNSET POINT SUBDIVISION WHEREAS, Indian River County has an interest in a drainage and pedestrian access easement on Lot 6 of Sunset Point Subdivision; and WHEREAS,the retention of a portion of the easement, as described below, serves no public purpose; NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title,and interest that it may have in the following described easement portion: the north five (5)feet of the south twenty (20)foot drainage &pedestrian access easement, less and except any portion of the west twenty (20)foot drainage & shoreline buffer maintenance access easement of Lot 6, Sunset Point Subdivision, according to the plat thereof recorded in Plat Book 14, Pages 20-20A, of the Public Records of Indian River County, Florida. This partial release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2015, by the following vote: Chairman Wesley S. Davis Vice-Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman declared the resolution duly passed and adopted this day of 2015. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ATTACHMENT 130 RESOLUTION NO.2015- APPROVED AS TO LEGAL ORM- to- Attorney ease.bccdoc proj/apl.no.2015080058/75262 Cc: Applicant: HONEY, AMY A 207 COCONUT CREEK CT VERO BEACH, FL 32963 131 CONSENT: 9/22/15 �v`E,p Oce of , INDIAN RIVER COUNTY ATTORNEY l Dylan Reingold,County Attorney William K.DeBraaL Deputy Count),Attorney Kate Pingolt Cotner,Assistant County Attoinee MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal—Deputy County Attorney THROUGH: Dylan Reingold—County Attorney Q()' Ad Stan Boling—Community Development Director DATE: September 15, 2015 SUBJECT: Developer Request for Additional 2-Year Extension to Construct Required Sidewalk Improvements There are currently five subdivisions(Millstone Landing, Phase 3; Provence Bay;and Vero Lago, Phases 2, 3 and 5 that are operating under the sidewalk bonding-out regulations that were in effect prior to 2009 where the developer is responsible for the construction of the sidewalk segments fronting or contiguous to individual lots. Funds currently held by the County for sidewalk guarantees for these subdivisions total $210,137.51. Ordinance No.2012-018,adopted by the Board in June of 2012,amended Section 913.09(5) to allow developers to amend the restrictive covenants (if the developer still had control of the subdivision)to make it the responsibility of the lot owner prior to receiving a Certificate of Occupancy on the residence, to construct, at the lot owner's expense, the sidewalk segment fronting or contiguous to the lot owner's lot provided that the consent of the lot owner and any mortgagee be obtained. Additionally, the consent would also need to be obtained from any existing lot owner if the sidewalk segments not built are within the existing lot owner's property line and the entrance to the subdivision, as the existing lot owner under the former code is guaranteed sidewalk continuity by the developer from his lot to the subdivision entrance. If a developer were able to accomplish this,then the posted security was able to be released and returned to the developer. Obtaining consents of lot owners and their mortgagees have proven to be quite challenging, and in some instances impossible. Thus these developers continue to have in place the sidewalk security guaranteeing the construction of the sidewalk segments. In 2012 and again in 2013,.the Board amended the code to jDte Approved for September 22,2014 BCC Meeting Admin.Indian River Co. proved CONSENTCo.Atty. COUNTY ATTORNEY BudgetDepartment 1 '�W 132 allow a 2-year extension to a sidewalk contract if a contract was in effect. The time has now come where one of the developers has approached the end of its extension for completion of these sidewalks, and, although the market has picked up and the lots are selling at a-steady pace,the developer does not expect to be at the point to complete the required sidewalks for another 24 months. For this reason, the developer is requesting that the Board revisit this portion of the code to consider granting another 2-year extension so that the developers in this specific situation are not forced to construct these sidewalk segments now, knowing full well that when the lots are sold and later a residence constructed, the construction equipment will destroy the sidewalks and the developer will be required to again construct them before a certificate of occupancy will be issued, thus paying for the same construction twice. RECOMMENDATION: 1. Staff has no objection with regard to amending the code to provide that an additional 2-year extension be available to the developers who are operating under the sidewalk bonding=out regulations that were in effect prior to 2009, and who have sidewalk security currently in place. A code amendment to the LDRs requires two public hearings-one before the Planning and Zoning Commission and one before the Board of County Commissioners. 2. For the sidewalk contracts for the above-named subdivisions, allow a grace period for the developers from having to construct the sidewalks while the Board considers the adoption of an ordinance amendment and,in the event the Board does not adopt an ordinance amendment,give the developers 90 days from the date of the public hearing to complete the sidewalk construction. It is noted that all security posted is in the form of cash. FUNDING: The only cost associated with this issue is the cost of advertising the notice of public hearing for both the Planning and Zoning Commission and the Board of County Commissioners. The cost is estimated to be approximately $350.00. Funds are available from General Fund/County Attorney/Legal Account No. 00110214-033110. REQUESTED ACTION: 1. Authorize staff to proceed with advertising for the Board to hold a public hearing to consider amending portions of Chapter 913 with respect to sidewalk extensions on subdivisions that were platted prior to 2009; and 2. Allow a grace period for the developers from having to construct the sidewalks while the Board considers the adoption of an ordinance amendment to provide for an additional 2-year extension to the existing sidewalk contracts and, in the event the Board does not adopt an ordinance amendment, allow the developers a 90-day grace period from the date of the public hearing to complete the sidewalk construction. If the Board does not adopt such an ordinance amendment and the developer does not complete the sidewalk construction within the 90-day grace period, authorize staff to proceed to call the security due to the contract being in default. nhm 2 133 Sheriff Deryl Loar Indian River County OR10 September 15, 2015 The Honorable Wesley S. Davis, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Davis: Please accept this letter as my request to be placed on the next Board of County Commissioner's agenda to discuss expenditure from the Criminal and Sex Offender Registrant Fee account. I am requesting$24,000 from the account to apply to the purchase of the following items: Camera monitors $ 4,000 Storage cabinets $ 3,000 Digital hand held cameras $ 4,000 Office Supplies $ 9,000 Chairs for registrant processing area and lobby 4,000 $24,000 Please place this item under Constitutional Officers for the September 22, 2015 board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl Loar, Sheriff DL:lt cc: Kelly Goodwin Metcalf, Comptroller Jason Brown, Director Management & Budget 4055 4161 Avenue,Vero Beach,Florida 32960 www.iresheriff.org (772)569-6700 ~ i 34 i 16A 1-- INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan7Bo1ing, AIC ; Co munity Development Director THROUGH: John . McCoy, AI P; Chief, Current Deve)pmeennt FROM: Ryan Sweeney; Senior Planner, Current Development DATE: September 10, 2015 SUBJECT: Gregory and Susanne Zaino's Request for Abandonment of Right-of-Way for a 10' Wide Alley Running from 1291h Avenue to 129th Court and Lying Between Lots 1-3 and Lots 4-5, Block 2 of the Tropical Village Estates Subdivision [2014050021-72562 /ROW-14-08-02] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 22, 2015. DESCRIPTION AND CONDITIONS: Carter Associates, Inc., on behalf of Gregory and Susanne Zaino, is requesting abandonment of a right-of-way for a 10'wide alley that runs from 129th Avenue to 129th Court and is located between lots 1-3 and lots 4-5, block 2 of the Tropical Village Estates subdivision. The alley has never been formally improved for vehicular use,but does currently contain existing utility improvements(power poles and overhead utility lines). Those utilities will be relocated to a replacement drainage and utility easement once the site is developed, and at the applicants' expense. Currently, the applicants own lots 1-3 and lots 4-5 of block 2 of the Tropical Village Estates subdivision,and the subject alley right-of-way separates lots 1-3 and lots 4-5(see attachment#2).No other property owner will be affected by the proposed abandonment,as the applicants currently own all abutting lots. If abandoned,the right-of-way will be joined to the adjacent private lots(1-5)that lie within block 2 of the Tropical Village Estates subdivision,since the right-of-way was created by that plat.The applicants then intend to combine all five lots into one parcel,creating a single f 1 acre residential site that is zoned RS-6. As required by the County land development regulations (LDRs), prior to the Technical Review Committee(TRC)meeting at which the subject application was reviewed,staff notified by mail each property owner adjacent to both sides of the subject alley right-of-way. The applicants own all abutting lots, and support the request for abandonment. 135 FACommunity Deve1opmen1\CurDev\BCC\2015 BCC\ZainoROWAstaffreport.docx 1 At this time, the applicants request that the subject alley right-of-way be abandoned. ANALYSIS: Consistent with guidelines established by the Board of County Commissioners, this petition was reviewed by all County divisions and utility providers having jurisdiction orpotential interests within the subject 10' wide alley right-of-way. Upon review, several reviewing departments and agencies indicated that they did not support the request for abandonment,without a replacement drainage and utility easement dedicated by the applicants. Subsequently,a 10' wide drainage and utility easement was dedicated along the southern 10' of lots 4-5 to create the replacement easement, and all reviewing departments and agencies now support the request for abandonment. It should be noted that there were several plat-dedicated side and rear lot drainage and utility easements along the boundaries of the subject lots.Those easements have been released by all reviewing departments,in accordance with the LDRs. As noted on the County Thoroughfare Plan,the subject alley right-of-way is not part of the County's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. In this case, the subject alley does not provide primary access to any property, and is too narrow for two-way traffic. Since each lot adjacent to the alley has adequate frontage on a local street or thoroughfare road, the abandonment will not affect the right of convenient access to any surrounding properties. Also,the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Based on the analysis,staff recommends that the Board of County Commissioners abandon its rights to the subject alley right-of-way and authorize the chairman to execute the attached abandonment resolution. ATTACHMENTS: 1. Application 2. Location Map 3. Abandonment Resolution Indian River Co, ApprALyed Date APPROVED AGENDA ITEM: Admin. 9!� Legal q , 16 - (S FOR: September 22 2015 Budget T A �6 15 BY. Dept. Risk Mgr. --- 136 F:\Community Deve1opment\CurDev\BCC\2015 BCC\ZainoROWAstaffrepW.docx 2 Apr 28 2014 1725 RTC 7725710404 Pe9e g 04/2112011 16:12 32166E6302 No�idey Inn 0412612Oie 16 16 iAK 17246 P.DO7 /DOE 1x007/C01 rc� ,�,� •; 'P�-X J-/y- U�-002 . >ar,r a one so.aa Orcelil .� A +{ TO-22W>" ep-ef 7W%O carob�imtsear,m•.oeee. /Q' ►G ±. yPe[�lom Rim > ftwwmi of ,\or A ; dog"u:Nft,+br eers�sky,'0.a.wr®e.� Y eu4 e7- , 1sn�enp �cL �-�res , JLj"c �exmm"� � � ���► . The fo 64 r ►eflermr wmr(pb.. : A,d e'er;..—� �- ®' �c .s ✓e7`" ................D.r: s+� �� yAM/A►gs ` Mom inkit OD fps+�•sqq Q % ,7&t3et�r or �dae�Wbh lw x'+09, ed ft e[Ono�fioo� barbir m f�A Qltiv t7ellc to WSPOW �+ rx atri rrM.ad ad*U n mrq a•r pm UM OW , Noce: Lor in !ht Or'�+�► 60 t-ad-er�ry t } ATTACHMENT 1 137 o City of Fellsmere Right-of-Way to be abandoned _----- ,__._._._.__r__.__________._.�__r__ _______._�_.._r._____�.__.___.-.--i- CountyCounty Road 512 (Fellsmer 0 e ad) -CM2 rasa 10' wide replacement 3, easement RS-6 RS-6 City of FOIsmere ni 6 ere U i =1- 5.i WC I RS-6 U yl 6 R9-6 RS-6 4th Street 00 RESOLUTION 2015- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, '' PROVIDING FOR THE CLOSING, ABANDONMENT,VACATION AND DISCONTINUANCE OF A 10 FEET WIDE ALLEY LYING AND BEING IN BLOCK 2 AS SHOWN ON THE PLAT OF TROPICAL VILLAGE ESTATES,AS RECORDED IN PLAT BOOK 4,PAGE 94 1/2,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA;SAID ALLEY BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF 129TH AVENUE(A 70 FOOT WIDE RIGHT-OF-WAY);BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF 129TH COURT (A 70 FOOT WIDE RIGHT-OF-WAY); BOUNDED ON THE NORTH BY LOTS 1, 2 AND 3, AND BOUNDED ON THE SOUTH BY LOTS 4 AND 5. WHEREAS,on May 2,2014,Indian River Countyreceived a duly executed and documented petition from Gregory and Susanne Zaino requesting that the County close, vacate, abandon, discontinue,renounce and disclaim any right,title and interest of the County and the public in and to a right-of-way for a 10' wide alley running from l 29 h Avenue to 129`h Court and lying between lots 1-3 and lots 4-5 of block 2 of the Tropical Village Estates subdivision as shown in Plat Book 4,Page 94 1/2 , of the Public Records of Indian River County, Florida; and WHEREAS,a 10' wide replacement drainage and utility easement has been established along the south side of lots 4-5; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition,supporting documents,staff investigation and report,and testimony of all those interested and present,the Board finds that the subject right-of-way is not a state or federal highway,not located within any municipality,not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 2 OF AFOREMENTIONED TROPICAL VILLAGE ESTATES RUN SOUTH 89027'22"EAST ALONG THE SOUTH LINE OF SAID LOTS 1,2 AND 3 A DISTANCE OF 220.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF 129TH AVENUE (A 70 FOOT WIDE RIGHT-OF-WAY); THENCE LEAVING SAID SOUTH LINE RUN SOUTH 00°31'08" WEST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF LOT 5, SAID BLOCK 2; THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE RUN NORTH 89027'22" WEST ALONG THE NORTH LINE OF LOTS 4 AND 5, BLOCK 2 OF SAID TROPICAL VILLAGE ESTATES A ATTACHMENT 139 F\Community Development\CurDev\RESOLUTION\2015 Resolutions\7aino 2015-_docx 1 I RESOLUTION 2015- DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF 129TH COURT (A 70 FOOT WIDE RIGHT-OF-WAY); THENCE LEAVING SAID NORTH LINE RUN NORTH 00032'14"EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED ABANDONMENT CONTAINING 2,200.38 S.F. MORE OR LESS. Lying in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated (see Exhibit A attached). 2. The closing,vacation,and abandonment of this public alleyway is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty(30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The alleyway shall revert equally to properties on both sides of the subject alley within Block 2 of the Tropical Village Estates Subdivision. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner ,and upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of 52015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Wesley S. Davis, Chairman ATTACHME" 3 F\Communit Develo 140 y pment\CurDevUtESOLUTION\2015 Resolutions\Zaino 2015-_docx 2 r RESOLUTION 2015- ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively,to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this dayof A.D.,2015. Notary Public APPROVED AS TO LEGAL SUFFICIENCY BY- ylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: Stan Boling,AI�P, Oirector Community DevW4ment Department ATTACHMElff 3 FACommuniry Devet 141 opmrnt�CurDev�RESOLUTION�2015 Resolutions�Zaino 2015-_.docx 3 EXHIBIT "A" DESCRIPTION OF PROPOSED 10 FEET WIDE ALLEY ABANDONMENT A 10 FEET WIDE ALLEY LYING AND BEING IN BLOCK 2 AS SHOWN ON THE PLAT OF TROPICAL VILLAGE ESTATES, AS RECORDED IN PLAT BOOK 4,PAGE 94 12,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA SAID ALLEY BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF 129TH AVENUE(A 70 FOOT WIDE RIGHT-OF-WAY); BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF 129TH COURT(A 70 FOOT WIDE RIGHT-OF-WAY); BOUNDED ON THE NORTH BY LOTS 1,2 AND 3,AND BOUNDED ON THE SOUTH BY LOTS 4 AND 5. SAID ALLEY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1,BLOCK 2 OF AFOREMENTIONED TROPICAL VILLAGE ESTATES RUN SOUTH 89.27 22'EAST ALONG THE SOUTH LINE OF SAID LOTS 1,2 AND 3 A DISTANCE OF 220.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF 129TH AVENUE (A 70 FOOT WIDE RIGHT-OF-WAY);THENCE LEAVING SAID SOUTH LINE RUN SOUTH 00.31'08'WEST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF OF LOT 5,SAID BLOCK 2;THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE RUN NORTH 89.27'22'WEST ALONG THE NORTH LINE OF LOTS 4 AND 5,BLOCK 2 OF SAID TROPICAL VILLAGE ESTATES A DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF 129TH COURT (A 70 FOOT WIDE RIGHT-OF-WAY); THENCE LEAVING SAID NORTH LINE RUN NORTH 00.32'14'EAST ALONG SAID EAST RIGHT-OF-WAY UNE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED ABANDONMENT CONTAINING 2,200.38 ST MORE OR LESS. SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,THIS DRAWING, SKETCH,PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD. 2. NO SEARCH WAS MADE OF THE PUBLIC RECORDS BY THIS FIRM OR SURVEYOR. 3. ANY FOUNDATIONS AND UNDERGROUND UTILITIES WERE NOT OBSERVED OR RECORDED FOR THIS SKETCH AND DESCRIPTION. 4. BEARINGS SHOWN ARE BASED UPON NAD832007 FLORIDA EAST ZONE(901).THE BEARING OF NORTH 89'2222"WEST ALONG THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 512. 5. THIS MAP IS A SKETCH AND DESCRIPTION OF ABANDONMENT OF A 10 FEET WIDE ALLEY A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE THE BOUNDARY LIMITS OF SAID ABANDONMENT PARCEL. 6. THE DESCRIPTION SHOWN HEREON WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS DIRECTED BY THE CLIENT 7 THIS SKETCH AND DESCRIPTION OF ABANDONMENT OF 10 FEET WIDE ALLEY IS COMPRISED OF TWO(2)PAGES,ONE(1)IS NOT VAUD WITHOUT THE OTHER. LEGEND I.R.F.W.C.D. INDIAN RNER FARMS WATER CONTROL DISTRICT R.O.W. RIGHT OF WAY OR RIGHT OF WAY DATA I.R.CO.FL. INDIAN RIVER COUNTY,FLORIDA F FL. FLORIDA Ids PG. PAGE P.O.B. POINT OF BEGINNING (C) CALCULATED DATA �. (P) PLAT DATA (0) OBSERVED w NO. NUMBER � PC POINT OF CURVATURE O PT POINT OF TANGENCY v P.B.PG. PLAT BOOK PAGE 7 8 W IL n CERTIFIED TO: s" GREG ZAINO 0 a DAVID E.LU 'PL-PSM 5728 y� THIS IS NOT A BOUNDARY SURVEY CAI.LB.205 SIGNATURE DATE- + Q �> "'CAR'I )MOCUM,INC. �I 10445 SKETCH AND DESCRIPTION SHEET -g.CONSULTING 2181 ENGINEERS AND IANDBEACH, IL 32MRS ,M M ,�1„�16,�,��zOFTROPICAL 1„� 1 OF 2 TF1:M M-4191 8TR41 EET.VERO BEACAF�329601so fu i t � ESTATES FEI��PaMM 1 _.__ IpIPa xv+z 10FEET 1MmENlEYABNO01p�glT Gy.I,19870.4 EXHIBIT"A" — i I Q Q Q IA 4Q Yl l — C COUNTY ROAD 512— IN'100' RIGR'r-OF-WAY0 C, 1 43.33' We 35.00' 73.33' (P) S 73 347 p2" E 220.00' 1/ 1 ( ) N 89'27' 2' (P) EASEMENTS ABANDONED ( 1 ON 10/21/14 J EASEMENTS 1 ABANDONED 1 ON 10/21/14 O C; III - I 1 U o w I LOT 1 LOT 2 LOT 3 3 a o BLOCK 2 BLOCK 2 BLOCK 2 o cvj o x o I I I I n r II II 1n � II O P.D.S. b COR101 fOUIM ll6 IDf 1 IDR 1.] 0 !] Q 73.33' (P) 73.34' (P) 73 33' (P) 1 m 35.00' N 0032'14' E N 89'27' 220.00' S 00'31'08'%�W 34.99' 0 10.00' IL"t 10.00' �p un 5 n P5' D SRAINAED GE AND UTILITY PROPOSED p Y EASEMENT (P) 10' WIDE ALLEY Qi I< w LOT 4 I I AEIANDONEDMENT LOT 5 3 �* BLOCK 2 BLOCK 2 r� PROPOSED ABANDONEDMENT O b[ �— 5' DRAINAGE AND UTILITY b0PROPOSED 10' WIDE ACCESS. EASEMENT(P)LJ 3' DRAINAGE n DRAINAGE AND UTILITY EASEMENT UTILITY EASEMENT }x� Z• PER P8. PG. 94 1/2" Vl 3' DRAINAGE& Ul"T, N 89'27 2 220.00'— EASEMENT PER P8. 4 PG. 94 1/2 5 DRAINAGE�EM (PUTIUIY I j 5' DRAINAGE AND UTIUTY I a EASEMENT (P) vl $ LOT 6 LOT 7 $I BLOCK 2 BLOCK 2 3' DRAINAGE & UTILITY EASEMENT PER PS. PG. 94 1/2 I S' DRAINAGE UTI EASEMENT PE@ Fl I R PB. 4 J , PG. 94 1/2 UVLuJLr-�S U W 0� (I( SC4LE'.'(1 6xh 40 feet) 1 THS IS NOT A BOUNDARY SURVEY CARTER ASSOCIATES,INC. °PRO, ,244 SKETCH AND DESCRIPTION SHEET CONSULTING BNGWESRS AND LAND SURVEYORS sG2 OF 2 d 1708 21st STREET,VERO BEACH,FL 32880 F� a o, UM t�6 aa11SNE.BLOCK 2 OF iRDPICJIL VLUQE TH:(7T2)662.4191 FAX(T72)662-7180 Aa.. ,®oc ESTATES FSI La¢M FL0R10A 14 3 FA APG 7M2 10FE£TWIDE ALLEY ALMDO WENT u,u.c,9e,9A �,. ;Treasure Coast Newspapers �K Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 + ' AFFIDAVIT OF PUBLICATION t STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River Ccunty,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO ft 463755-INDIAN RIVER CO PLANNING DEPT 673224 Public Hearing:9/22/15.Tropical Villag Hearing:9/22/15 Pub Dates September 7,2015 Sworn to d scribed before me this day of,SeRtember 04,2015,by 1 who is Sherri Cipriani (X)personally known to me or ( )who has produced as identification. Sandra Coldren Notary Public El . SANDRACOLDREN MY COMMISSION'4FF00;035 EXPIRES:Aptil 1,2017 Bonded Thru h;�tary Puhlk Urderwriters (43 /� C6»Monday,September 7,2015*TREASURE COAST NEWSPAPERS Il�._1111`,. a J for Bi' ii Credit f torsQO—t P.0'Box 1138 NOTICE OF FORFEITURE the City of Fort Pierce,Flor- procedures relating to sea is encouraged. mentsofualification.Inter- Stuart,Florida 34995 COMPLAINT Ida is scheduled for Septem- turtle protection lighting A views wiltbe at the request Fax (772)220-0212 Central 2015 at 4:30 p.m.in its standards for coastal d jency Fiscal Year: of the Selection Committee. F 772)220-0422 On July 22,2015,in St.Lucie Central Office Board Room, pment,including a revtsiien Y 1,2015- Results will be posted at 2501 E tail: Couny, Florida, the Sheriff 511 Orange Avenue, Fort that all coastal lighting with- June 30,2016 SW Bayshore Blvd.,Port SL 0 sprakerp@bellsouth.net seize and holds$1,565.00 IN Pierce,Florida 3,4950. in line-of-sight of an observ- Lucie,Fl.34984 by 4:30 p.m., Secondary E-Mail: U.S.CURRENCY.A complaint Please call(772)429-6427 to er standing anywhere on the Re=due date: Friday,November 6.2015. BethPrinzLav,*gmail.com has been filed in the Circuit confirm your attendance. beach ha be subject to sea September 25, 2015 at 2:00 Pub:September 7,2015 Pub:Se tember7,14,2015 Court in St. Lucie County, Pub:September 7,2015 turtle lighting regulations. p.m. TCN 681961 60 TCN 965 Florida, Court Case No.: TCN 670766 A copy I the Rrogosed ordi- all at IN THE CIRCUIT COURT FOR NOTICE OF PUBLIC HEARING nance is av a le the Selection will be made in Planning Division office accordance with the agen- COUNCIL ON AGING OF ST. MARTIN COUNTY.FLORIDA . LUCIE.INC.'S REQUEST FOR PROBATE DIVISION Adam M.Fetterman Notice of a hearing to consid- located In the communi- cy.s competitive procure STATEMENT OF CASE NO.:2015-546-CP General Counsel development division on ment that includes tion for the closing, f. QUALIFICATIONS St.Lucie County Sheriffs air an�eli I& , of an nev=of the State- ba abandonment, and vacation first our the Coun- IN RE.,ESTATE OF Office ty rListration Complex mentsoTualification.Inter- Council on Aging is a non-prof- FRANCIS J.VALENTINO 772-462-322 of a 10' wide right-of-way views wilt be at the�rmegue t Pub:Se 5 er 7,14,2015 lying between 129th Avenue Building Anyone who of the Selection Committee. It organization supported, ,Ttemb wish to a Deceased. and 129th Court and adjacent may ea any decl- TCN 67 903 in part with federal,State — to Lots I through 5,Block 2 of sion which be made Results will be posted at 2501 and Local grant funding to NOTICE TO CREDITORS PUBLIC NOTICE- the Tropical Village Estates at dais meeting, will need SW Bayshore Blvd.,Port St. al services and The administration of the Effective September 8 201 Subdivision. A public hear- to ensure that a verbatim Lucie,Fl.34994 by 4:30 p.m., provide so�i estate of FRANCIS J. VAL Dr.Donald H=ill n5� record of the proceedings is Friday,November 6,2015. ransportation to the resi- Ing,at which parties in Inter- Pub:September 7,2015 dents of St.Lucie County. ENTINO,deceased, date of longer be employed b Ma est and citizens shall have an made, which Includes tes- council on Aging of St.Lucie, n and evidence upon Inc. invites qualified Inde- opportunity to be heard,Will Th h he appeal based death November 16,2014,is tin Medical Group.by t' 0 y CN 681938 Foe=the Circuit Court records will ti� maintained beheld by the Board of Coun- t_ COUNCIL ON AGING OF ST. pendent Certified Public County, Florida, at 1651 SE Tiffany Avenue. ty Commissioners of Indian efa LUCIE,INC.-S REQUEST FOR Accounting firms,licensed in atA address Pt.St.Lucie,FL 34952,tele- River County,Florida in the I 'ann... p Please direct Probate Division ed questions 0 the environ- STATEMENT OF the State of Florida to sub- of which is P 0.Box 9016,Stu- phone (772) 398-1800. You County Commission Cham- meal. ,lann'n g section at QUALIFICATIONS mit letters of Interest and art.Ft.34915.The personal may have a copy of your bers of the County s Admin 226-1237. Statements of Qualifications representative's and the per- medical record transferred tration Building, located lat. ANYONE WHO NEEDS A SPE- Council on Aging is a Private. and Experience for the per- sonal representative's attor- to a physician of your choice 1801 27th Street,Vero Beach, CIAL ACCOMMODATION FOR non-profit organization sup- formance of an examination ney names and addresses at no charge with a signed Florida,an Tuesday,Septem- THIS MEETING MUST CON- ported,In part,with Federal, of the financial statements are set forth below. authorization. ber 22,2015 at 9:OD AM. TACT THE COUNTYS AMER- State and Local grant fund- and records of the Council All creditors of the decedent Pub:August 17,24.31, Anyone who may wish to ICANS WITH DISABILITIES ing to provide social services on Aging of St.Lucie,Inc.for and other persons having September 7,2015 appeal any decision,which ACT(ADA)COORDINATOR AT and transportation to the fiscal year 2015. In accor- claims or demands against TCN633564 may be made at this meet- 226-1223 AT LEAST 48 HOURS residents of St.Lucie County. dance with the current Gov- the decedent's estate, on Ing,will need to ensure that IN ADVANCE OF THE MEET- Council on Aging of St.Lucie �rnment Auditing Standards whom a copy of this notice is NOTICE a verbatim record of the ING. Inc.is seeking qualified meal ('Yellow Book")and the legal required to be served must RG Towers, CMiroposingto Includes is made which and regulatory requirements ie providers to supply food for ER OF I oot I d INDIAN RIVER COUNTY our meals on wheels pro- to Include,but not be limited 3 MONTHS AFTER THE DATE height monopine or flagpole nl�a annually will provide to OMB A-133 and the Single L their claims with this construct La 2 overall odes tne testim Court WITHIN THE LAT 0 evidence upon v,h9,c the BOARD OF COUNTY OF THE FIRST PUBLICATION stealth telecommunications appeal will be based. COMMISSIONERS annually approximately Audit Act of 19114. OF THIS NOTICE OR 3 stru BY:Wesley S.Davis,Chairman 46 000 can regate meals: Interested firms should sub- structure off Country Club P r a e Pub:SEptember 7,2015 93-000 mea s pir prepared for mitthree copiesof all materi- 0 DAYS INDIAN RIVER COUNTY TCUN:673688 home defivegincluding .anyS 500 fro. AFTER THE DATE OF SERVICE Drive, Tequesta, Martin BOARD OF COUNTY Zen meals �odin, als which indicate interest to County,Florida.RG Towers, OF A COPY OF THIS N13710E COMMISSIONERS a I g bever Council on Aging of St.Lucie, ON THEM. LLC invites comments from BY:Wesley S.Davis,Chairman age, ge dessert,and supplies. Inc., Attn: Eve D. Jennings Int 2501 SW Bay Blvd., 7 Interested institutions should All other creditors of the any interested party on the Pub:September 7,2015 shore Biv n.Port impact the proposed under- �,�R�wL,oWdlids 1117 decedent and other persons submit two copies of all St.Lucie,FL 34984. having claims or demands taking may have on any diS. TCN 673224 against the decedent's tures,sites,buildings,strut- COUNCIL ON AGING OF ST materials which indicate estate must file their claims tures or objects significant NOTICE OF PUBLIC HEARING-_ LUCIE,INC.-S REQUEST FOR interest to Council on Agin A ency Fiscal Year: with this Court WITHIN 3 in American history,archae- STATEMENT OF of St.Lucie,Inc.,Attn:Eve D. J'ly 1.2015- DATE ology. engineering, or cul- NOTICE 15 HEREBY GIVEN that QUALIFICATIONS Jennings,2501 SW Bayshore June 30,2016 MONTHS AFTER THE a OF THE FIRST PUBLICATION ture that are liste or deter- the Board of County Com- Blvd., OF THIS NOTICE. mined for listing missioners of Indian River Council on Aging is a Private, Par St. Lucie, FL 34984. Response due date: ALL CLAIMS NOT FILED WITH- in the= Register 101 County,Florida shall hold a non-profit organization sup- Please submit the following: September 25, 2015 at 2:00 IN THE TIME PERIODS SET Historic Places. Comments public hearing at which par- ported,in part.with Federal, 1. Letter of Interest indicat- p.m. FORTH IN THE FLORIDA Pertaining specifically to es In interest and citizens State and Local grant fund- Irn he firm's qualifications, Selection will be made in historic resource may be shall have an opportunity ing to provide social services I - - STATUTES WILL BE FOREVER s ta, C It sent to Environmental or- to be heard,in the County and transportation to the I ed experience and abil accordance with the agen p ration of America,ATTN: Commission Chambers of residents of St.Lucie County. it cy's competitive procure- BARRED.N Do resid 2. To qualify,the institution ment process that includes NOTWITHSTANDING THE TIME Ina PERIODS SET FORTH ABOVE, Bazzill,1375 Union Hill the n Administration Council on Aging of St.Lucie must be insured by compa- an evaluation of the State- .0 County ty located m'1801 z a ries ANY CLAIM FILED TWO(2) Industrial Court, Suite A, Street, "Ing-ca e a' h Inc. is seeking qualifie Vero ..c,Florida,"or, that(a)are authorized mentsof,?Ualification.Inter- YEARS nterYEARS OR MORE AFTER THE Alpharetta, Georgia 30004. er h firms to provide banki2 ser• to do business in the State views wil be at the request DECEDENT'S DATE OF DEATH Ms'Bazzill can be reached on Tuesday, September 22, vices. During the fisc year of Florida.(b) havea It of the Selection Committee. IS BARRED at (770) 667-2040 ext. 111. 2015 at 9:00 am.to consid- ended June 30,2015,Council upon whom se ice a pro- Resultswill be posted at 2501 The first publication date of Comments must be received er adoption of an ordinance, on Aging of St. Lucie Inc., cessmab ry within 30 days of the date of entitle revenue 'nd ie c)a be in Florida, SW Bayshore Blvd.,Port SL this Notice is August 31,2015. exceeded $7 m Ilia and Ka acBest's rating Lucie,FL 34994 by 4:30 p.m., this notice.(RI140) AN ORDINANCE OF INDIAN edd reasonably a ceptable to Friday,November 6 2015 Personal Representative- Pub:September 7,2015 RIVER COUNTY, FLORIDA, Interested institutions should COASL. Please submit the following: THOMAS FRANCIS VALENTIN6 TCN 681159 CONCERNING AMENDMENTS submit two copies I all which a 1315 S.E.Oakmont Lane TO ITS LAND DEVELOPMENT materials whi indicate Minority participation 1. Letter of Interest indicat- Port St.Lucie,Florida 34952 REGULATIONS MORS); PRO- interest to Council on Aging Attorney for Personal TIDING FOR AMENDMENTS of St.Lucie,Inc.,Attn:Eve D. Is encouraged. In the firm's qualifications, Representat, TO CHAPTER 901. DEFINI- Jennings,2501 SIN Bayshore related experience and abil- LEWIS RNDE ve: Agency Fiscal Year- ity. NOTICE OF MEET TIONS, AND CHAPTER 932, Blvd., Juge R,Attorney MEETING COASTAL MANAGEMENT;BY y 1,2015- 2. Copy f Professional Florida Bar N0.189873 Port St. Lucie Fl. 34984 June 30,2016 License and applicable Insur- 700 Colorado Avenue THE HOUSING AUTHORITY OF AMENDING SECTION 901.03, Please submit the following:' ante coverage. Stuart,Florida 34994 THE CITY OF FORT PIERCE, REVISING THE DEFINITIONS Telephone:(772)283-2221 FLORIDA OF'ILLUMINATE'AND"TINT- 1. Letter of Interest indicat- Response due date: E.MN.. 511 ORANGE AVENUE ED OR FILMED GLASS"; BY =e firm's qualifications, September 8,2015 at 2:00 p.m. Minority participation lewrin@gmaii.com is encouraged. Pub:August 31,September 7, FORT PIERCE,FLORIDA 34950 AMENDING COASTAL MAN- d experience and abil- Selection will be made in Pub:September 7,2015 2015 (772)429-6427 AGEMENT SECTION 932.09, ity. accordance with the agen- TCN 681915 TCN 663651 SEA TURTLE PROTECTION: cy's competitive procure- The Regular Board Meeting eet ng AND BY PROVIDING FOR 2. To qualify,the institution ment process that includes 0 the Board of CommissiAuthorners L OF CONFLICTING must ba Federal or State of i the Housing ty of IONS;CODIFICATION; Floridae chartered bank with an evaluation of theta te• Real Estate Real EstateSEVERABILITY; AND EFFEC- offices located within the TIVE Ci limits�f Port St.Lucie There�no Pl_like_here DATE rce. lbere's no place like hem' Said ordinance, if adopt- norlie will revise and clarify eds aw-29� cerTCPALM localfi Certain requirements and Minority participation 4 RnD BU eN & SeLIPN Here, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM i TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, Ali ; Community Development Director FROM: Sasan Rohani, AICP, Chief, Long-Range Planning DATE: September 8,2015 RE: Orchid Quay,LLC;Request to Rezone f 41.95 Acres Located East of US#1 and .North of 82°d Street from CG, General Commercial District, to OCR, Office, Commercial, Residential District(99070005) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of September 22, 2015. DESCRIPTION AND CONDITIONS This is a request by Orchid Quay, LLC to rezone f 41.95 acres, located east of US #1 and north of 82nd Street from CG, General Commercial District, to OCR, Office, Commercial, Residential District. The subject 41.95 acre property consists of three parcels(28.33 acres,8.77 acres,and 4.85 acres). The purpose of this rezoning request is to enable development of the site with either residential uses or commercial uses as allowed under the OCR zoning district regulations,including stand-alone residential, office, and a restricted number of commercial use categories. The subject property is part of a larger parent property owned by the applicant.At its regular meeting of March 23, 2006 the Planning and Zoning Commission granted major site plan approval to Institutional Housing Partners(previous owner)to construct 499 residential multi-family units on the larger parent property which includes the subject site,and some surrounding parcels that are not part of this rezoning request. Subsequently, development of horizontal infrastructure improvements (roads,utilities,drainage)commenced on the larger parent property in accordance with the approved site plan. Construction activities ceased a few years ago,during the economic down turn.Although there are no buildings on the site,the site plan approval continues to remain valid because substantial project construction commenced. The proposed rezoning from CG to OCR will be consistent with the approved site plan. In 2012, Orchid Quay, LLC, requested a future land use map designation swap to designate 28.33 acres of its property located near US#1 as Commercial/Industrial (C/I) and to rezone that property from RM-6, Multi-Family Residential District, up to 6 units per acre,to CG. At the same time,the 1 144 1 .. tom. EL\ t r � t t t � � t � • ' • � t • � t f. 3 z �� r�Q i INCA, s ,ystiL� tr �..�Q� •OL ' ■ ytv� � � � s T 11 v,.,;+. s f il+Sj v dartr�• f�' ���'�u'���, max•• � , F w � fit '••�. �:ly i.,-..rsEr� r-;i �ts' r,1':: .C.' tY:: i Existing Land Use Pattern Located east of US#1 and north of 82"d Street,the subject property consists of generally vacant land with some initial infrastructure improvements that is zoned CG, General Commercial District. To the east and north of the subject property, the abutting properties are also owned by Orchid Quay, LLC,are zoned RM-6,and are also generally vacant except for initial infrastructure improvements. To the west of the subject property is 46°i Avenue(an unpaved local road). The adjacent properties across 46'h Avenue are zoned RS-6 and RM-6 and contain homes and vacant residential lots that are part of the Graves Addition to Wabasso Florida Subdivision. To the southwest of the subject property is US#1 (an arterial roadway). The adjacent properties across US#1 are zoned CL,Limited Commercial District and OCR.To the south of the subject property is 82°d Street(an unpaved local road). The adjacent properties across 82nd Street are zoned CL, limited Commercial, and RM-6, Multi-family residential (up to 6 units per acre). Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing CG district and the proposed OCR district(see Attachment 3). Their respective purpose statements best illustrate the differences between the zoning districts. Those purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: CG: General Commercial District. The CG,General Commercial district is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses. OCR: Office, Commercial, Residential District. The OCR, Office, Commercial, Residential district is intended to provide areas for development of restricted office, commercial, and residential activities in a.manner which will be compatible with surrounding neighborhoods. The OCR-district is further intended to provide land use controls for incompatible activities,such as intense commercial uses,from established residential areas. 3 146 � r�• t � Legand CG CH MCL RS-1 OCR ■ -- •• \l'`] �■ JBMAC OCR FARCEL IA On AC .' -- CG To OCR PO GRMCIL \. OrchidProposed Zoftg Map Ouay,LLC Legend M CG WCH- �'� . MIL OCR �� ll FARCEL IA M AC PD FRRCEL a OCR FROM CG OCR FROM CG 147 r� } Da ,. � ' Future Land Use Pattern The subject property and properties to the southwest and west of the subject property are designated C/I, CommercialAndustrial, on the county's future land use map. The CII designation permits various commercial and industrial zoning districts. The properties to the north and east are designated M-1,Medium-Density Residential-1 (up to 8 units/acre),on the county's future land use map. The M-1 designation permits residential uses with densities up to 8 units/acre. e)asftg fuWrs LwW Use Map ordlid ter.uc Legend N Fubss LM W U" G2 -U O, 01 i p cm a wets r Mat IS �k 4A AC :ate';s � _ - S 1• ..z - Y.i Ct.N.Y.aiSwele tl LY on Environment The subject property has been previously cleared, initially developed with infrastructure improvements (roads, utilities, drainage), and contains several stormwater ponds. No natural wetlands or any other environmentally sensitive habitat exists on the property. According to Flood Insurance Rating Maps, the subject property lies within the AE (an area inundated by 100-year flooding in which the based elevation is determined) and X 500 (an area inundated by 500-year flooding) flood hazard areas. Utilities and Services The subject property lies within the Urban Service Area of the County. Wastewater service is available to these sites from the North County Regional Wastewater Treatment Plant,while potable water service is available from the North County Reverse Osmosis Plant. Transportation System The subject_property is part of a larger development site which has access to C.R. 510, a roadway classified as an Urban Minor Arterial on the County's Thoroughfare Plan Map, and U.S. #1, an Urban Principal Arterial roadway. The segment of C.R. 510 adjacent to the overall parent parcel is a two lane paved road with approximately 120 feet of existing public road right-of-way.At this time, 5 148 { i no additional right-of-way is needed for the future expansion of the CR 510.The segment of U.S.#1 adjacent to the subject property is a 4 lane paved road with 120 feet of road right of way. For that segment of U.S. #1, there is a need for 40 feet of additional right of way. To the south, the subject property abuts 82nd Street, an unpaved local road. A portion of the property's west boundary abuts 4601 Avenue which is also an unpaved local road. ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. This section will include the following: • An analysis of the proposed rezoning's impact on public facilities; • An analysis of the proposed rezoning's compatibility with surrounding areas; • An analysis of the proposed rezoning's consistency with the comprehensive plan; and • An analysis of the proposed rezoning's potential impact on environmental quality. Concurrency of Public Facilities The site comprising this request is located within the County's Urban Service Area,an area deemed suited for urban scale development. The comprehensive plan establishes standards for: Transportation,Potable Water,Wastewater,Solid Waste,Stormwater Management,Public Schools, and Recreation(Future Land Use Policy 3.1). Adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for these services and facilities are maintained,the comprehensive plan requires that new development be reviewed for a concurrency determination. For rezoning requests, this review is undertaken as part of the conditional concurrency determination application process. As per section 910.07 of the County's Land Development Regulations (LDRs), conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects,county regulations call for the concurrency review to be based upon the most intense use of the subject property based upon the requested land use designation. As per section 910.07(2)of the Concurrency Management Chapter of the County's LDRs,projects which do not increase density or intensity of use are exempt from concurrency requirements.In this case, the requested rezoning will change the subject property's zoning from one commercial retail/office zoning district to another similar type of commercial zoning district. Therefore,the most intense use for the subject property will not change due to the requested rezoning.Consequently,the proposed rezoning will not increase the density or intensity of the uses allowed on the subject site and will not have any additional public facility impacts. Thus,this rezoning request is exempt from concurrency review because the requested rezoning will not increase the density or intensity of uses on the subject site. As with all projects, a detailed concurrency analysis will be done in conjunction with site development. That concurrency analysis will address facility service levels and demand. An initial- 3 concurrency certificate for 500 multi-family units has been issued for the overall development site, of which the subject property is a part. That concurrency certificate expires on August 8, 2017. 6 149 i Compatibility with the Surrounding Area According to county land use policy,sites such as the Orchid Quay,LLC property that front on major roads like US #1 and are a part of a larger project may be appropriate for several zoning districts. Since the subject property is part of a larger generally vacant tract of land to the east and north owned by the same owner, and since land to the west and southwest of the subject property are separated from the subject site by a local road (46th Avenue) and arterial road (US# 1), and since land to the southwest is currently designated C/I and zoned commercial,and since the land to the south is zoned commercial and multi-family and is separated from the subject site by a local road(82"d Street),there will be no compatibility problems between uses on those properties and the uses allowed under the requested OCR zoning of the subject property. Uses under the OCR zoning district will be compatible with both commercial and residential uses. Given the subject property's location and relation to adjacent uses,it is staff s position that rezoning the subject property to OCR will create no incompatibilities with neighboring properties. For those reasons, staff feels that the proposed rezoning will be compatible with surrounding properties. Consistency with the Comprehensive Plan Rezoning requests are reviewed for consistency with all appropriate policies of the comprehensive plan. Rezoning must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. The goals,objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions--including rezoning decisions such as the County's consideration of the subject request. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing this rezoning request. Of particular applicability for this request are the following policies. Future Land Use Element Policy 1.17 Future Land Use Element Policy 1.17 states that the Commercial/Industrial land use designation should be within the Urban Service Area and in areas that are suitable for urban scale development. Since the subject property is located within the Urban Service Area and since the proposed rezoning would allow commercial and residential development on the subject property, the proposed amendment is consistent with Future Land Use Element Policy 1.17. Future Land Use Element Policy 1.22 Future Land Use Element Policy 1.22 states that nodes shall have a designated size based on the intended use, service area population, existing land use pattern and other demand characteristics. 7 150 i In this case,the amount of C/I designated land is based on service area population,the existing land use pattern, and other demand characteristics. In this case, the proposed rezoning will not alter the amount of C/I designated land. Therefore,the proposed rezoning of the subject property is consistent with Future Land Use Element Policy 1.22. Future Land Use Element Policy 2.2 Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the Urban Service Area through zoning, subdivision regulations, and LDRs. Since the proposed rezoning will accommodate development on the subject property and since the subject property lies within the Urban Service Area, the request implements Future Land Use Element Policy 2.2. Comprehensive Plan Consistency summary As part of staff's analysis, all relevant policies in the comprehensive plan were considered. Based upon that analysis, staff determined that the proposed rezoning request is consistent with the county's comprehensive plan. Potential Impact on Environmental Ouality The subject property is a partially developed altered site which contains no environmentally important land, such as wetlands or sensitive uplands. Thus,development of the site under County regulations is anticipated to have little or no impact on environmental quality. Overall, the environmental impact will be the same for development under the requested OCR zoning as it would be for development under the current CG zoning.For that reason,no adverse environmental impacts associated with this request are anticipated. CONCLUSION The proposed rezoning request is consistent with the comprehensive plan, compatible with all surrounding land uses, and will cause no adverse impacts on the environment or the provision of public services. For those reasons, staff supports the request. RECOMMENDATION Based on the analysis,staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the rezoning request from CG to OCR by adopting the attached ordinance. ATTACHMENTS 1. Summary Page 2. Rezoning Request Application 3. Commercial Zoning Districts 4. Minutes of the PZC August 13, 2015 meeting 5. Rezoning Ordinance 8 151 Approved Agenda Item: Indian River Co. Approved Date For: Admin. l7 ��0/� Legal By. Budget 1/15115 Dept. Risk Mgr. 1 i 9 152 i r SUMMARY PAGE GENERAL Applicant: Orchid Quay, LLC Location: East of U.S. #1 and North of 82nd Street Acreaf;e: ±41.95 acres Existing Land Use Designation: C/I, Commercial/Industrial Requested Land Use Designation: N/A Existing Zoning: CG;General Commercial District Requested Zoning: OCR, Office, Commercial, Residential Existing Land Use: Vacant, cleared land ZONING OF ADJACENT PROPERTIES North, East, & Southeast: RM-6 West: Across 46th Avenue, RS-6, and RM-6 Southwest: Across US #1, CL, and OCR South: Across 82nd Street, CL and RM-6 INFRASTRUCTURE Water and sewer available Access from US #1(Urban Principal Arterial), C.R. 510 (Urban Minor Arterial), and 82nd Street and 4601 Avenue(unpaved local roads) ENVIRONMENTAL CONSTRAINTS None PUBLIC NOTIFICATION Planning and Board of Zoning County Commission Commissioners er Staff Contact: Sasan Rohani Sasan Rohani Date i AdvertisedMay 27,2015 Sept. 7, 2015 a � # of „ Surrounding on Property 41 41 M= Owner d, M Notification !J\ s• pp Date July 29,2015 = �� Notification Sep. 4, 2015 Mailed: Date Sign July 29,2015 p' Posted: Se 4, 2015 ie \ r uc anwoa M6 JI fJlfmO _ I STAFF RECOMMENDATION Staff supports the request Attachment 1 FACommunity Development\Rezonings\Orchid Quay Rezoning 2015\Staff Reports\BCC agenda item staff report-September 22,2015.doc 10 153 i I APPLICATION FORM RE-ZONING,REQUEST(RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON- Current Owner Applicant(Contract Agent Purchaser Name: Orchid Quay,LLC Same as Owner Knight,McGuire&Associates,In c%IHP Capital Partners Complete Mailing 100 Bayview Circle,Suite 240 80 Royal Palm Pointe,Suite 401 Address: Newport Beach,CA 92660 Vero Beach,FL 32960 Phone#: (including area code (949)851-9230 (772)569-5505 Fax#: (including area code (949)270-1759 (772)569-1455 E-Mail: DTietgen@LDCAdvisors.com davidk®knightmcguire.com ' Contact Person: Darin Tietgen David Knight Signature of Owner or Agent: Property Information Site Address: .8290 US Hwy 1,Vero Beach,FL 32697 Site Tax Parcel I.D. #s: 31-39-27-00003-0000-00001.1,,31-39-33=00001-0050:00009.0,31-39-33-00003-0030-00002.0 31-39-33-00000-1000-00028:0,31-39-33-00000-1000-00027.0,3,1-39-33-00000-1000-00027.1 3 l-30;-34400004020-00002;0 Subdivision Name,Unit Number,Block and Lot Number(if applicable) i ' Existing Zoning District: CG Existiniz.Land Use Designation: CR Requested Zoning District: OCR Total (gross)Acreage of Parcel: 86.5 Acreage(net)to be Rezoned: -ef 41. 95 Existing Use on Site: Cleared Land i f t Proposed Use on Site: Mixed use residential development. ATTAR AFNIT 1 154 I I i l THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE-APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS Applicant's Checklist Staff Checklist 1. Fee: Property Size in- i -Less than 5 Acres $1,550.00 ✓ - 5 to 40 Acres $2,000.00 -41 to 100 Acres $2�3;OQ111 -More than 100 Acres $2,500.00* * $125.00 for each additional 25 acres over 100 acres I 2. Completed Rezoning Application Form front page) x 3. Letter of Authorization from Current Owner(s) OR Current Owner is Applicant x 4x E1Vri � '�:�� d IndlvIdual�or entltyag�lega] r��equltable� �o�wn__hi Inrtlie 5. One 1 Copy of the current Owner's Deed x f5 Aga er{` ��'f'MI a, Owners Titler,•Polisy L x 7. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: ❑ a legal description of the land to be rezoned ❑ the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and ❑ a north arrow x 8. Electronic version(MS Word is preferable)of the legal description x 9. Copy of Approved Concurrency Certificate N }� OR Copy of filed application for Concurrency x Certificate, including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF_ THE SUBJECT PROPERTY. _ Revised: January 10,2008 FACommunity Development\Users\VICKIETORMSUezoningrequestform.doe 2 155 ZONING §911.10 Section 911.10. Commercial districts'. legally nonconforming structure receives site plan approval,or any other necessary (1) Purpose and intent. The commercial dis- approvals. tricts are established to implement the Indian River County Comprehensive Plan policies for (b) OCR: Office, commercial, residential dis- commercial development. These districts are in- trict. The OCR, office, commercial, resi- tended to permit the development of commercial dential district, is intended to provide property to provide an efficient use of land and areas for the development of restricted public infrastructure, promote the economic well office, commercial, and residential activi- being of the county, protect the natural resources ties in a manner which will be compatible and beauty of the county and ensure commercial with surrounding neighborhoods.The OCR development compatible with existing and pro- district is further intended to provide land posed development. use controls for ensuring the separation of potentially incompatible activities, such In order to achieve this purpose,these districts as intense commercial uses, from estab- shall regulate the size, scope, and location of lished residential areas. commercial uses and provide standards to ensure development compatible with the built and natu- (c) MED:Medical district. The MED,medical ral environment. district,is intended to provide a variety of uses which support a major medical facil- (2) Districts. The following districts are estab- ity, and to protect such major medical lished to implement the provisions of this chap- facility from encroachment by land uses ter: which may have an adverse effect on the operation and potential expansion of the (a) PRO:Professional office district. The PRO, facility. Land uses that could cause an professional office district, is designed to adverse effect would generally include those encourage the development of vacant land uses that are likely to be objectionable to and the redevelopment of blighted or de- neighboring properties because of noise, clining residential areas along major thor- vibration, odors, smoke, amount of traffic oughfares in selected areas of the county. generated, or other physical manifesta- The selected areas will be deemed as no tions. longer appropriate for strictly single- family use but which are not considered (d) CN:Neighborhood commercial district.The appropriate for a broad range of commer- CN, neighborhood commercial district, is cial uses, as permitted in a commercial intended to provide areas for the develop- zoning district. The PRO district may ment of highly restricted commercial ac- serve as a buffer between commercial and tivities to serve primarily the residents of residential uses or be established in areas the immediate area. The CN district is in transition from single-family to more further intended to limit the intensity of intensive land uses. The PRO district commercial activities in order to ensure shall be limited in size so as not to create compatibility with nearby residential uses. or significantly extend strip commercial development. (e) CL:Limited commercial district. The CL, limited commercial district,is intended to In order to further encourage redevelop- provide areas for the development of re- ment, any legally nonconforming struc- stricted commercial activities.The CL dis- ture may continue to be utilized, and its trict is intended to accommodate the con- use may be changed from one nonconform- venience retail and service needs of area ing or conforming use category to another residents,while minimizing the impact of use category permitted in the PRO dis- such activities on any nearby residential-- trict, provided the change of use of the areas. Supp.No. 92 911125 ATTA C Nis FN T 3 156 ,1 i ' i §911 10 INDIAN RIVER COUNTY CODE i I (f) CG:General commercial.distn.ct. The CG, provide areas for establishments engag- general commercial district, is intended ing in wholesale trade, major repair ser- to provide areas for the development of vices and restricted light manufacturing general retail sales and selected service activities. The CH district is further in- activities. The CG district is not intended tended to provide support services neces- to provide for heavy commercial activi- sary for the development of commercial ties, such as commercial service uses, and industrial uses allowed within other heavy repair services nor industrial uses. nonresidential zoning districts. (g) CH. Heavy commercial district. The CH, heavy commercial district, is intended to (3) Relationship with land use map. The commercial districts may be established in the following land use designations: Commercial Land Use Designation District C/I PUB RC PRO' X _ OCR X MED X _ CN CL X X _ CG X X X CH X X CA - Commercial industrial PUB - Public RC - Regional commercial 'PRO may also be established in L-1, L-2, M-1, and M-2 land use designations. 2 C may also be established in AG-1,AG-2,AG-3, R, L-1, L-2, M-1, and M-2 land use designations. (4) Uses. Uses in the commercial districts are classified as permitted uses,administrative permit uses, and special exception uses. Site plan review shall be required for the construction,alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. District PRO OCR MED CN CL CG CH' Agriculture Agricultural Production Horticultural and landscape plants and specialties - - _ _ p p p Kennels and animal boarding - - - - - A A Pet-grooming(no boarding) - - _ _ p p p Agricultural Services Landscape services - - _ _ _ p p Supp.No.92 911/26 157 ZONING §911.10 District PRO OCR MED CN CL CG CH' Commercial fishery - - - - - A P Commercial. Construction General building contractors/special trade contractors/construction , yards' _ _ _ _ _ P Finance, Insurance, Real Estate, Le- al Services Banks and credit institutions - P _ p p P Small-scale banks and credit insti- tutions A P _ p P P p Security and commodity brokers P P _ p p P Insurance agents, brokers and ser- vice P P - P P P - Automatic teller machines - P P p P P Real Estate P P - P P P - Holding and other investment of- fices P P _ P P p Le al services P p _ p p p _ Services Lodging facilities hotels and motels - P P _ P p Boardinghouses - A - A A P - Bed and breakfast P A A A A A - Membership based hotels - - _ _ p _ Personal Services Laundries and laundromats (ex- cluding cleaners) - _ _ P p p _ Garment pressing and drycleaners drop-off/pickup P p p Linen supply - _ _ _ _ P p Carpet and upholstery cleaning - - _ _ _ p p Drycleaning plants - _ _ _ _ _ p Photographic studios - A _ P P P _ Beauty shops - A _ p p P _ Barber shops - A _ P p P Shoe repair - A - P P P - Funeral homes - _ _ _ _ p _ Funeral chapels - - _ _ p p Crematoriums - - _ _ _ p p Business Services Advertising P P _ P P p Credit reporting and collection P P - _ P p p Mailing, reproduction and steno- graphic services P - _ p P p i Eq ui ment rental and leasing - - _ _ p p P Employment agencies P P _ _ P p P Supp. No.92 911127 158 l 911.10 INDIAN RNER COUNTY CODE k i District , PROOCR MED M CH' —Helpsupply services _ _ _ p Com uter and data rocessin P P _ p Bail bondsman _ _ _ P General and professional office' P P _ p p p _ Auto Repair, Services and Parkin Automotive rentals _ _ _ _ _ p P Automobile parking and storage - _ _ _ _ p p Body and paint shops _ _ _ _ _ _ p General automotive repair _ _ _ _ _ p P Carwashes _ _ _ _ p p P Automotive fluid sales and services (other thangasoline) _ _ _ A p P Miscellaneous Repair Electrical repair _ _ _ p p p Watch, clock,jewelry p p p Reupholsters and furniture - _ _ _ _ _ p Welding _ _ _ _ _ _ p Motion Pictures Production and distribution services - - _ p p Motion picture theaters - - - _ p P _ Drive in theaters (unenclosed com- mercial amusement) - _ _ _ F_ _ S Video to a rentals _ _ _ pp p Amusement and Recreation Dance studios, school and halls, gyms - - - - P P P Theatrical production including mu- sic _ _ _ _ p p Enclosed commercial amusements - - _ _ p p p Unenclosed commercial amuse- ments except miniature golf courses and driving ranges - - _ _ _ _ S Health and fitness centers - _ _ A p p p Membership sports and recreation - - _ _ p p p Coin-operated amusements - - _ p p p _ Miniature golf courses - - - - - S A Driving ranges - - - - - A A Health and Medical Services Offices and clinics P P P p p p _ Total care facilities - _ P Hospitals _ _ P Medical and dental laboratory - - P _ p p _ Home health care services - - P _ p p _ Specialty outpatient clinics - - P _ p p _ Veterinarian clinic - - - - A A A Wholesale Trade Supp. No.92 911/28 159 ZONING §911 10 District PRO OCR MED CN CL CG CH' Durable goods (not including demo- lition debris site,junkyards, recy- cling center) Nondurable goods _ _ _ P Recycling center (including vegeta- tion debris mulching) _ _ _ _ A Retail Trade Convenience stores _ _ _ P P P P Building materials and garden sup- lies _ _ _ A P Paint, glass and wallpaper stores - _ _ _ p P P Hardware stores _ _ _ P P P Retail nurseries and garden sup- lies _ _ _ P P P Model mobile home display - _ _ _ _ A P Mobile home trailer sales A General Merchandise Department stores _ _ _ _ A P Variety stores _ _ _ _ A P Flea market _ _ _ _ - A Auction facilities unenclosed - _ _ _ _ A Auction facilities, enclosed _ _ _ _ _ P P Used merchandise (including pawn shops) _ _ _ _ P P P Food Stores Grocery stores _ _ _ P P P Meat and fish markets _ - _ p P_ P Fruit and vegetable markets _ _ _ P Pp _ Candy, nut and confectionery stores - - P P P p Dairy product stores _ _ _ P P P _ Retail bakeries _ _ _ P p P Automotive Dealers and Services New and used cars dealers - _ _ _ _ P P Used vehicle sales - - - - - S A Auto and home supply stores - _ _ _ p p P Gasoline service stations _ _ _ _ A P P Boat sales and rentals _ _ _ _ _ A P Recreational vehicle sales (5914 - - - - - A A Motorcycle dealers p, s _ _ _ _ _ P P Automotive fuel sales - - - A A P P Commercial marina _ _ _ _ _ A P Marine repair and service - _ _ _ _ A P Apparel and Accessory Stores _ _ p p p Furniture and Home Furnishings Furniture and home furnishing stores - - - - A P P I Supp.No. 92 911/29 160 rI §911.10 INDIAN RIVER COUNW CODE t District PRO OCR MED CN CL CG CH' Small-scale home furnishings show- rooms (excluding furniture and i majorappliances) A _ _ p p p Household appliance stores - - _ _ A p p Radio, television and computer stores _ _ p p p Eating and Drinking Establishments Restaurants - _ A p p p p Carry out restaurants - A A P P P P Drive through restaurants - - _ _ p p Bars and lounges - _ _ _ S p p Bottle clubs - - - - - S A Miscellaneous Retail Drug stores - - P A P P Liquor stores - _ _ p p p Miscellaneous shopping oods - - _ _ p p _ Florists - - P P P P - News stands _ _ p p p p Sporting oods _ _ _ _ p p _ Optical goods - _ p p p p _ Gift stores - _ p p p p _ Zook and card store - _ p p p p Catalogue and mail order house - - _ _ _ p p Fuel Dealers - _ _ _ _ p p Food and Kindred Products - - _ _ _ _ p Fruit and ve etable packing houses - - - - - A A Fruit and vegetable juice extraction - - _ _ _ _ A Community Services Educational Services Educational centers including pri- mary and secondary schools - A A A I A A - Colleges and universities - A A. - I A A - Libraries A A A A P P - Vocational, technical and business - P P P P p _ Institutional Individual and family services - - P _ p p _ Job training services - - - _ p p p Child care and adult care A A P A P P - Homes for aged, including nursing homes and rest homes - - A - S S Residential treatment center - - P - S S S Place of worship P P _ _ p p p Group homes (residential centers) - - P - S S S Adult congregate living facility (21+ residents) - - P - S S S Cultural and Civic Facilities P P A - P P _ Supp.No.92 911/30 161 fI I 1 1 ZONING 911.10 District PRO OCR MED CN CL CG CH' i Civic and social membership orga- nizations A _ p P Public Administration Government administrative build- ings A P A P P p _ Courts _ _ _ _ P P Emergency services p p p p p p P Industrial Printing andpublishing _ _ _ _ _ _ p Machine shops Chemicals and Plastics Rubber and plastic footwear - _ _ _ _ _ p Hose belts gasketspacking - _ _ _ _ p Assembly production (not including manufacturin ) - _ _ _ _ _ p Tyans ortation and communication Railroad/Bus Transportation Services Local and suburban transit - _ _ _ _ p p Trucking and courier services - _ _ _ _ _ p Commercial warehousing and stor- age - - - - - - P Moving and storage _ _ _ _ _ P Trucking terminals P Self-service storage facilities - - - - S A P Outdoor storage _ _ _ _ _ _ A Vehicle storage lot (paved/unpaved)' p Post Office P P P P P P P Water transport services - _ _ _ _ _ p Air transport services - _ _ _ _ P Pi lines P Heliort/heli ad - _ S _ _ S Recycling centers _ _ _ _ _ A Travel and tour agencies - p _ _ p p _ Freight transport arrangement - p _ _ p p Communications Telephone and telegraph - p _ _ p p p Radio and television broadcasting - p _ _ p p p Cable and pay T.V. - p _ p p p Communications towers (wireless facilities) A5 A5 A5 A5 A5 A5 A5 Communications towers (non-wire- less facilities)' Amateur radio (accessory use) Less than 80 feet P p p p p p p [-80 feet or taller (see 971.44(4) for special criteria) S S S S S S S Supp.No. 92 911/31 162 911.10 INDIAN RIVER COUNTY CODE District PRO OCR MED CN CL CG CM' Commercial Up to 70 feet: Camouflaged P P P P P P P Non-camouflaged P P P P P P P 70 feet to 150 feet: Camouflaged A A A A A A A Monopole (minimum of 2 us- ers) A A A A A A A Not camouflaged and not monopole S S S S S S S Over 150 feet: All tower types (see 971.44(1) forspecial criteria) Public and private utilities, limited A A A A A A A Public and private utilities heavy - _ _ _ _ _ S Residential Uses Single-family dwelling p p Duplex p p Multifamily dwelling P P A A A A - Accessory housing(watchman) P P = Permitted use A=Administrative permit use S = Special exception use ' No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. s Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 'For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. (5) Accessory uses and structures as provided in Chapter 917. Supp.No.92 911/32 163 ZONING g 911.10 (6) Required improvements. All future subdivisions and site plans for development in commercial districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County, Florida. District PRO OCR MED �:= CL CG CH Bikeways x x x x x x x Sidewalks x x x x x x x Streetlights x x x x x x x (7) Size and dimension criteria: PRO OCR MED CN CL CG CH Min. Lot Sizes . ft. 10,000 10,000 20,000 20,000 10,000 10,000 10,000 Min. Lot Width ft. 100 100 100 100 100 100 100 Min.Yards ft. Front 25 25 25 25 25 25 25 Rear 25 20 20 20 10 10 10 Side 20 20 20 20 10 10 10, Max. Coverage % 35 40 40 40 40 40 40 Min. Open Space % 35 35 30 30 25 25 20 Max. Building Height ft. 35 35 35 35 35 35 35 Residential District Regulations RM-6 -RM-6 RM-8 RM-8 RM-8 RM-8 RM-8 Hotel and motel minimum square feet of land area per unit - 1200 1200 - 1200 1200 - Notes: Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards(CL, CG, CH)0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only). Height- See section 911.15 for exceptions. Maximum FAR(Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR, • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR (8) Required buffer yards: Abutting Use/District Single-Family Multi-Family District Buffer Type Buffer Type PRO C - 6ft. Opaque C - 3ft. Opaque OCR C - 6 ft. Opaque C - 3 A. Opaque Supp.No. 92 911/33 164 I I §911.10 INDIAN RIVER COUNTTY CODE i Abutti�z UseIDistrict Single-Family R ly District Buffer 7jpe e MED C - 6ft. O a ue Cue FCH B - 6ft. 0 a ue Cue B - 6ft. 0 a ue Cue B - 6ft. 0 a ue Cue B - 6 ft. Opaque B ue Buffer yards are required along rear/side property lines and measured at right angles to lot lines.All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards. When a loading dock is proposed to serve a use that normally requires frequent deliveries(e.g.,grocery store, department store, big box retail), and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure,an eight-foot high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08. (9) Special district requirements. C. The parcel(s) is located in an (a) PRO—Professional office district. area dominated by nonresiden- 1. Location and land use. tial uses. a. The PRO district may be estab- 3. District depth. The PRO district shall lished in areas designated as have a maximum district depth of L-1, L-2, M-1, M-2 or commer- three hundred (300) feet, measured cial on the future land use map. from the adjacent collector and/or b. The PRO district may be estab- arterial roadway. The maximum lished on residentially desig- depth may exceed three hundred(300) nated land if located on an ar- feet for platted lots of record where terial or collector road as the majority of the lot is within three identified in the comprehensive hundred(300)feet of the collector on plan. arterial roadway. 2. District size. The PRO district shall (b) CN—Neighborhood commercial district. have a minimum district size of five (5) acres and a maximum district 1• Land use and location. The CN, size of twenty-five (25) acres. The neighborhood commercial,district has PRO district may be reduced to two been established on various sites and one-half(21/2) acres if the par- throughout the county that are des- cel(s)under consideration to be zoned ignated AG-1, AG-2, AG-3, R, L-1, PRO satisfies all of the following L-2, M-1 or M-2 on the future land criteria: use map. No new CN neighborhood a. The parcel(s) abuts a commer- commercial districts shall be estab- cial node or corridor; and lished, and no existing CN district b. The parcel(s) is located within shall be expanded. a substantially developed area; 2. Allowable uses. Uses allowed within and a neighborhood node shall be those Supp. No.92 911/34 165 i Mr. Sean Sexton spoke to the board regarding his experience of operating an agricultural busines hile trying to be a good neighbor to a nearby residential area. He went on to discu the "Right to Farm Act". Mr. Louis Schacht, C irman of the Indian R've County Agricultural Advisory Committee, spoke reg ding the importance%f a proper easement and buffer between agricultural land a d its residen ie(neighbors. He commended Mr. Adair for operating an agricultura eratio nside the urban service area. Chairman Polackwich closed th evidentiary hearing and asked the members of the Board if they had an�ue 'ons. A discussion ensued regarding proper agricultural buffers :and how a "Right Farm Act" impacts this case. ON MOTION Mr. Emmons, CONDED BY Chairman Pockwich, the members v ed (5-1) with Mr. Ste rt dissenting, to ap ove the recomm dation for preliminary plat appr val with the onditions set forth in the taff s reco mendation to the Board of County C missioners. Chairman lackwich called a five minute break at 8:52 p.m. Public Hearings Chairman Polackwich read the following into the record: A. Orchid Quay, LLC; Request to Rezone +/- 41.95 acres located east of US1 and north of 82"d Street from CG, General Commercial District, to OCR, Office, Commercial, Residential District (99070005) This case was opened in last meeting on June 11, 2015 and a request was made to continue it until this meeting. [Quasi-Judicial] Chairman Polackwich asked the Commissioners to reveal any ex-parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members confirmed they had not had any ex- parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Sasan Rohani, Indian River County Chief of Long Range Planning, presented a PowerPoint presentation, a copy of which can be found on file in the PZC/Approved 4 August 13, 2015 F:16CC\All Committees\P&Z\2015—AGENDAS &MINUTES\P&Z-08-13-15.doc ATTACH 4 166 l� Commission office. He recommended the board move forward on approving the rezoning request. The Applicant, Bruce Barkett, waived his presentation and explained that the application is consistent with the approved site plan. ON MOTION BY Dr. Day, SECONDED BY Ms. Caldarone, the members voted unanimously (6-0) to approve the recommendation for rezoning with the conditions set forth in the staff's recommendation to the Board of County Commissioners. Chairma Polackwich read the following into the r ord: B. Consid ation of Proposed Parking Reg ations for Vacation Rentals ("Ordina e 1"); Amending Land Develo 'ent Regulations Chapters 901 (Definition 911 (Zoning), and 9 (Single-Family Development) [Legislativ Mr. Boling pres ted a PowerPoi presentation, a copy of which is on file in the Commission o 1 He discus , d the fact that in 2011, the State pre- empted local government gulations� egarding vacation rentals and the Board of County Commissioners ad ted a de change in 2012 specifying that vacation rentals are treated the same s conventional residences. Since that time, Code Enforcement has received se al complaints regarding parking and the BCC directed staff to initiate the ad on process for special parking regulations for vacation rentals. In addition, Sh Term Vacation Rental Advisory Committee was established in July 2015 Mr. Boling went on t review Prop sed Ordinance #1, clarifying that it does not change existing parki g allowances fo conventional residences. For vacation rentals, parking would ' limited to the n• ber of carport/garage spaces plus one space per bedroo ��not to exceed five paces outside. For rentals with no carport/garage, parkin would be limited to o spaces plus one space per bedroom, not to ex ,teed five spaces outside. There was also a provision for "excess spaces" forilarger parcels. He pointed ut some of the concerns from "interested parties" us far. Chairman olackwich voiced his concern with`~;the ordinance regarding the definition of "va tion rental", particularly when the h`bmeowner also lives in the residence. The homeowner wouldn't have the same\parking privileges as his neighbor when er he's living in his home. PZC/Approved 5 August 13, 2015 F:\BCCINII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-08-13-15.doc 167 ! 4 i ORDINANCE NO. 2015- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR APPROXIMATELY±41.95 ACRES, LOCATED EAST OF U.S. #1 AND NORTH OF 82nd STREET, FROM CG, GENERAL COMMERCIAL DISTRICT; TO OCR, OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT;AND PROVIDING CODIFICATION, SEVERABILITY,AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: The zoning of the following described properties situated in Indian River County, Florida,to wit: LEGAL DESCRIPTION PARCELS 1 A AND 1 B (PORTIONS OF OFFICAL RECORDS BOOK 2350, PAGE 1570) PARCEL"I A": A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, LESS THE SOUTH 35.00 FEET THEREOF FOR ROAD RIGHT OF WAY; AND ALSO LESS THE SOUTH 208.71 FEET OF THE EAST 208.71 FEET. PARCEL "1B": ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING EAST OF THE NEW FOUR LANE U.S. HIGHWAY NO.], INCLUDING THAT ' PORTION OF LOT 2, BLOCK 3, OF REPLAT OF WABASSO MANOR ADDITION, AS RECORDED IN PLAT BOOK 6, PAGE 15, INDIAN RIVER COUNTY, FLORIDA PUBLIC RECORDS, LYING EAST OF SAID U.S. HIGHWAY NO.1. QTWENT 5 1 168 i ORDINANCE NO. 2015- LEGAL DESCRIPTION PARCEL 2 ALL THAT CERTAIN, PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF THE TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION; THENCE, BEARING SOUTH 00°07'24" EAST, ALONG THE EAST RIGHT OF WAY LINE OF 46TH AVENUE, A DISTANCE OF 307.93 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89°52'29" EAST, A DISTANCE OF 464.82 FEET TO A POINT; THENCE, BEARING SOUTH 00°07'24" EAST, A DISTANCE OF 174.62 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 29.33 FEET, A CENTRAL ANGLE OF 32°15'17", A CHORD LENGTH OF 16.29 FEET BEARING SOUTH 16°07'38" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 16.51 FEET TO A POINT; THENCE, BEARING SOUTH 32°15'17" EAST, A DISTANCE OF 107.80 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 90°00'00", A CHORD LENGTH OF 77.78 FEET BEARING SOUTH 77°15'17" EAST; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 86.39 FEET TO A POINT; THENCE, BEARING NORTH 57°44'43" EAST, A DISTANCE OF 372.68 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 60.67 FEET, A CENTRAL ANGLE OF 90°00'00", A CHORD LENGTH OF 85.80 FEET BEARING SOUTH 77°15'17" EAST; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 95.30 FEET TO A POINT; THENCE, BEARING SOUTH 32°15'17" EAST,A DISTANCE OF 221.92 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 50.67 FEET, A CENTRAL ANGLE OF 46°45'42", A CHORD LENGTH OF 40.22 FEET BEARING SOUTH 08°52'26" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 41.35 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 94.33 FEET, A CENTRAL ANGLE OF 46°4542", A CHORD LENGTH OF 74.87 FEET BEARING SOUTH 08052'26" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 76.99 FEET TO A POINT; THENCE, BEARING SOUTH 32015'17" EAST, A DISTANCE OF 229.75 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 235.67 FEET, A CENTRAL ANGLE OF 25°13'49", A CHORD LENGTH OF 102.94 FEET BEARING SOUTH 19038'23" EAST; 2 169 i ORDINANCE NO. 2015- THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 103.78 FEET TO A POINT; THENCE, BEARING SOUTH 07°01'28" EAST, A DISTANCE OF 50.02 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 194.33 FEET, A CENTRAL ANGLE OF 25°13'50", A CHORD LENGTH OF 84.88 FEET BEARING SOUTH 19038'23" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 85.57 FEET TO A POINT; THENCE, BEARING SOUTH 32°15'18" EAST, A DISTANCE OF 179.82 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 235.67 FEET, A CENTRAL ANGLE OF 28°21'28", A CHORD LENGTH OF 115.46 FEET BEARING SOUTH 18004'34" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 116.64 FEET TO A POINT; THENCE, BEARING SOUTH 03°53'49" EAST, A DISTANCE OF 70.31 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 194.33 FEET, A CENTRAL ANGLE OF 28°21'40", A CHORD LENGTH OF 95.21 FEET BEARING SOUTH 18004'39" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 96.19 FEET TO A POINT; THENCE,BEARING SOUTH 32°15'30" EAST, A DISTANCE OF 130.73 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 60.67 FEET, A CENTRAL ANGLE OF 90°00'13", A CHORD LENGTH OF 85.80 FEET BEARING SOUTH 12°44'37" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 95.30 FEET TO A POINT; THENCE, BEARING SOUTH 57°44'43" WEST,A DISTANCE OF 195.76 FEET TO A POINT; THENCE, BEARING SOUTH 00°38'04" EAST, A DISTANCE OF 110.96 FEET TO A POINT; THENCE,BEARING SOUTH 89°21'56" WEST,A DISTANCE OF 31.58 FEET TO A POINT; THENCE,BEARING NORTH 00°08'27" EAST,A DISTANCE OF 15.00 FEET TO A POINT; THENCE,BEARING NORTH 89039'50" WEST,A DISTANCE OF 208.71 FEET TO A POINT; THENCE,BEARING NORTH 00°08'27" EAST,A DISTANCE OF 208.71 FEET TO A POINT; THENCE, BEARING SOUTH 89°39'50" EAST, A DISTANCE OF 208.71 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 33; THENCE, BEARING NORTH 00008'27" EAST, ALONG SAID EAST LINE, A DISTANCE OF 423.94 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ''A OF THE NORTHEAST 'A OF SAID SECTION 33; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89°50'04" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 1,199.39 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 1; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 17,268.75 FEET, A CENTRAL ANGLE OF 00014'25", A CHORD LENGTH OF 72.41 FEET BEARING NORTH 32008'05" WEST; THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID EASTERLY LINE,A DISTANCE OF 72.41 FEET TO A POINT; THENCE, LEAVING SAID EASTERLY LINE, BEARING NORTH 32014'29" WEST, ALONG SAID EASTERLY LINE,A DISTANCE OF 404.90 FEET TO A POINT; 3 170 ORDINANCE NO. 2015- THENCE, BEARING SOUTH 89052'50" EAST, A DISTANCE OF 84.80 FEET TO A POINT; THENCE, BEARING NORTH 00007'24" WEST, A DISTANCE OF 150.29 FEET TO A POINT; THENCE, BEARING SOUTH 89052'50" EAST, A DISTANCE OF 17.43 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT OF WAY LINE OF 46TH AVENUE; THENCE, BEARING NORTH 00007'24" WEST, A DISTANCE OF 467.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN 41.95 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WTTHIN THE CHAIN OF TITLE. Is changed from CG, General Commercial District, to OCR, Office, Commercial, Residential District. All with the meaning and intent as set forth and described in said Land Development Regulations. Effective Date: This ordinance shall become effective upon filing with the Department of State. This ordinance was advertised in the Press-Journal on the 7th day of September, 2015, for a public hearing to be held on the 22nd day of September, 2015, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: ' Wesley S.Davis, Chairman Bob Solari, Vice Chairman Timothy Zorc, Commissioner Peter O'Bryan, Commissioner Joseph E.Flescher, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Wesley S. Davis, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller Acknowledgment by the Department of State received on this day of 2015, at A.M./P.M. and filed in the office of the Clerk of the Board of the County Commissioners of Indian River County, Florida. 4 171 ORDINANCE NO. 2015- APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AI Community Development Director i F•\Community Development\Rczonings\Orchid Quay Rezoning 2015\Ordinance\Rezoning Ordinance orchid quay September 22,2015.doc 5 172 Board of County Co � � � � iss�ion.ers Purpose Septe, � � bCr 22, 2015 �■ To enable development of the site with uses i allowed under the OCR such as: Orchid Quay, LLC o Stand-alone residential, office, and restricted Request to i commercial uses, or to rezone 41.95 acres o Mix of residential, office, and commercial uses from CG to OCR '' PZC Action Location Map the BCC approve the rezoning ��` , �1. � • Eti x- '•'� ��''�` ,� .ter ���.�1 Land Use Nlap Designation History In 2006 Bristol Bay project was approved for �` — the parent parcel for 499 MF units n 71-44 u `�� � In 2012 land use swap and rezoning that ` � changed zoning of the subject property from RM-6 and OCR to CG �f. = Property's zoning prior to E�x�isting and Requested 2012 rezoning Zoning Maps �� ' �,; ��� _ - , �► _ �, -® �.�® � �� Zoning District Differences Clri,teria Analyzed • Impact on Public Facilities . CG provides areas for the development of general retail sales and selected service i• Compatibility with the Surrounding Areas activities '• Consistency with the Comprehensive Plan . 00R provides areas for development of restricted office, commercial, and residential Potential Impact on Environmental activities � Quality i Concurrency Compatibility . Exempt from concurrency .The subject property is part of a larger . Rezoning from one commercial vacant tract of land district to another ■ Uses under the OCR zoning district will . No changes in the most intense use be compatible with both commercial of the site and residential uses Orchid Quay CCI3 Concurrency vested ■ OCR will create no incompatibilities for 500 MF Units until 8/8/2017 with neighboring properties ZONIIING OF ADJACENT C►onsistenc�y��i�tth the PROPERTIIE�S Co �� �prehensive Pla�n P:Orth,East,&Southeast:RP1-6 Rezoning requests are reviewed for consistency We5[:A[ro55 46th Avenue, RS-6,and RM-6 - ��+ with soums,esr.Across us-t, � '� ai Future Land Use Map Designation and Cl,and OCR 3' Southwest. Auossazndstreet• � = all appropriate policies of the comprehensive plan Cl and RM-6 `,'ti �>��® . Applicable policies noted Request is consistent with the Comprehensive flan Environment-al Impact Recon � � , � :endatto�n . Subject property is a Cleared land PZC and staff recommend that the BCC approve the ■ Environmental impact will be the same rezoning request under current and proposed zoning from CG to OCR . No negative environmental impact by adopting the attached ordinance Ia.A . FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Solari, Bob Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1801 27th St. WHICH I SERVE IS A UNIT OF CITY COUNTY ❑CITY 5f COUNTY ❑OTHER LOCALAGENCY Vero Beach Indian River NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Indian River County MY POSITION IS: September 22, 2015 Id ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting,and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) j CE FORM 8B-EFF 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0,F.A.0 I I APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Bob Solari hereby disclose that on September 22 20 15 (a)A measure came or will come before my agency which(check one or more) ✓ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: There was a rezoning of property(Orchid Quay, LLC, 41.95 acres located east of US 1 and north of 82nd St) across the street of a 2-acre parcel of property which I own in Wabasso, FL. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. September 22, 2015 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. a J � v I� Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared who on oath says the he/she is k d at the INDIAN RIVER PRESS JOURNAL, a daily new4paper publish-e/d,at Vero Beach in Indian River County, Florida, that an advertisement, for (M measuring column inches, was published in the INDIAN RIVER P SS JOURNAL in the issue(s) of �54,0,67 7�x ;X46000' 1W signature title (\S) personally known to me ( )who has produced as identification Sworn to and subscribed before me this 14c� day of S�� l/� A.D. o9-D l S Notary Public [[:o:� -'-:B CATHERINE POUCARE MY COMMISSION#FF 028015 XPIRES:September 25,2017 nded Thru Notary Public Undewrders i7aZ �. BEFORE THE BOARD OF COUNTY COMMISSIONERS . VE 3R9K8 PEOPLE PA CKI INDIAN RIVER COUNTY , "BACK TO THE] NOTICE OF REZONING - PUBLIC.HEARING ffI � w P {� � � � ea The Board of County Commissioners of Indian River County,Florida,will consider « t, Service F� Tecl adoption of a ccunty ordinance rezoning land within the unincorporated portions of dere�IOneS Indian River County. A public hearing at which parties in interest and citizens shall have an opportunity to be heard,will be held on Tuesday,September 22,,2015 at 9:00 a.m.in the County Commission Chambers of the County Administration Build- t -'' =•<`, `; j ing A,located at-1801 27th Street,Vero Beach,Florida. The proposed ordinance tot5 , property rezone the � ty subject ro er is entitled: KE AN ORDINANCE OF INDIAN RIVER COUNTY,FLORIDA,AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR APPROXIMATELY ±41 95 ACRES,LOCATED EAST OF U.S.#1 AND NORTH OF 82nd STREET, FROM CG,GENERAL COMMERCIAL DISTRICT,TO OCR,OFFICE,COM- �>N ,1 MERCIAL,RESIDENTIAL.DISTRICT,AND PROVIDING CODIFICATION, <� SEVERABILITY,AND EFFECTIVE DATE. The rezoning application may be inspected by the public at the Community Devel- opment Department located in County Administration Building A located at 1801 O S(a f B O M 27th Street,Vero Beach,Florida,between the hours of 8.30 a.m.and 5:00 p.m;on n �O OO� ©�o weekdays. For m6re information,contact Long Range Planning Section at(772) ®u 226-1241 Anyone who may wish to appeal any decision which maybe made at this meeting SIEMENS o STAR KEY* will need to ensure that a verbatim record of the proceedings is made,which includes *S11 the testimony and evidence upon which the appeal is based. PHO'NAK e OTICON Anyone who needs a special accommodation for this meeting must contact the coun- ty's Americans with Disabilities Act Coordinator at(772)226-1223,at least 48 hours RESOUND - R EXTO N � I in advance of the meeting. UNITRON Indian River County Board of County Commissioners ALL MAJOR BRANDS By. -s-Wesley S.Davis,Chairman Proposed Zoning Map a orchid Quay.LLC Legend } Zoning ne (,t.`. N i - �,.s-.S'off � •. CG t 0 CH CL C pv CON 'Aardibe-if „-,f"a_ - �, �Y.�•'' RM-61_f RS•1 MIL I 1 R OCR N ro it® z ��.r� , PS-6 ~APORTIOR' -- E ,� Y L-( OF PARCEL 2 [ � , ' zs.z�acE-CARRX:, OCR FROM CG a F-M ALL MAJOR; BRANDS.;:' �, _ r'��: 'Nr`•'' PARCEL to PD, ;P 'tl'a ," 7.00R FROM CG v PARCEL 10 ,,�.- .i." _ Call today!772-978-9880 8 j 4.85 AC = r.^^ 3,_ OCR FROM CG is %r .� - _ - _ r�r_M .f. 2110 5th Ave,Vero Beach (just off Miracle Mile,on the north side of Golf Roundup), OPEN:Mon-Thurs 9am-3pm o Fri gam-lpn __ _ .,a.n1.42�v'r.4]u cT•rt'wR—•rn un ll.:if , 1' •,1teiEV'�'Lv i INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: 4' Stan Boling, AICP; ommunity Development Director DATE: August 31, 2015 SUBJECT: Consideration of Proposed Parking Regulations for Vacation Rentals ("Ordinance I") Amending Land Development Regulations Chapters 901 (Definitions), 911 (Zoning), and 912 (Single-Family Development) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 22, 2015. BACKGROUND At its February 10, 2015 meeting, the Board of County Commissioners (Board) heard a presentation from Dr. Miles Conway regarding vacation rentals, including parking conditions at a vacation rental adjacent to his property on south SR A-1-A (see attachment #1). That vacation rental, whose owner is represented by attorney Barry Segal, is the subject of a Code Enforcement Board action which has been appealed to circuit court. After hearing from Dr. Conway, Mr. Segal, and others at the February meeting, the Board voted unanimously to direct staff to draft parking regulations for vacation rentals. Based on that directive, Community Development staff and Deputy County Attorney Bill DeBraal conducted research and drafted an LDR (land development regulation) amendment ordinance establishing vacation rental parking regulations for the Board's initial review as a departmental discussion item at the May 5, 2015 Board meeting. At its May 5, 2015 meeting, the Board heard from staff and a number of parties. At the end of discussion, the Board voted unanimously to "approve" staff's recommended ordinance and directed staff to initiate the formal LDR amendment process (see attachment #2). For the proposed amendment, that process involves one public hearing before the Planning & Zoning Commission (PZC) and one public hearing before the Board. Staff prepared a revised vacation rental parking regulation ordinance ("Ordinance I") for the PZC's consideration, and after input at the PZC hearing, prepared a further revised ordinance for the Board's consideration. It should be noted that at the May 5t' meeting, the Board also voted unanimously to direct staff to draft and process an ordinance prohibiting commercial events such as weddings and reunions at single-family residences (see attachment #2). That ordinance ("Ordinance 2") has been drafted by the Deputy County Attorney, with input from planning staff, and will be considered separately from "Ordinance I". Both ordinances were considered consecutively at the same PZC meeting (August 13, 2015) and are scheduled for consideration at the same Board meeting(September 22, 2015). P%Commun4Dcve1opment%CurDev\BCC\2015BCCUParkingRegsVacRemalsOrdinanceLdoc , 173 ` PZC ACTION At its August 13, 2015 meeting, the PZC considered the vacation rental parking ordinance (Ordinance #1) at a public hearing and voted 5-1 to recommend that the Board adopt the proposed ordinance with one modification (see attachment 9). That modification was to delete the provision proposed by staff to allow on-site, excess day time parking spaces (overflow spaces) if specially buffered and site plan approved. Thus, staff recommends a provision for special overflow parking and the PZC recommends that no such provision be included in the ordinance. The BCC is now to consider"Ordinance 1" and is to adopt, adopt with changes, or reject the ordinance. ANALYSIS The term "vacation rentals" generally refers to residential units rented-out for short-term stays, typically for periods of one week or less. In high tourist areas across the nation, including many parts of Florida, vacation rentals are popular and controversial to varying degrees. Staff's research indicates that many local government regulations do not specifically treat "vacation rentals" except through interpretations of regulations for residential units or lodging units (e.g. hotels, motels, bed and breakfast use categories). Staff has also found that some communities, such as those in the Florida Keys (e.g. Monroe County), have extensive vacation rental regulations and local licensing requirements. History of County Regulations, State Pre-emption, and Local Complaints Indian River County's history of vacation rental regulations, together with the State's recent actions to pre-empt local vacation rental regulations, and local complaints related to vacation rentals are summarized as follows. • 1980s to 2012: County code was interpreted to classify any residential unit rented for a period of less than 30 days as a lodging unit requiring commercial zoning or approval as a bed and breakfast or residential resort (e.g. the Disney Resort at SR A-1-A and CR 510). During this period, occasional code enforcement activity occurred when staff received complaints about a vacation rental in a residential area(e.g. Summerplace, Roseland). • 2011: State law was enacted pre-empting local governments from prohibiting, restricting, or regulating short term/vacation rentals. Local ordinances in place prior to June 1, 2011 were grandfathered=in. • 2012: As part of an extensive LDR clean-up, staff proposed numerous modifications to the County code, including a modification to clarify the 30 day rental period applied to residential units since the 1980s. During the PZC and Board hearings for those amendments, vacation rentals owner Glenn Powell spoke against the modification and the prohibition interpretation of the old code. At the June 19, 2012 and July 10, 2012 Board hearings, County Attorney Alan Polackwich indicated that the existing code had a legal "gray area" that staff was trying to address with a proposed modification. During discussion at the June meeting, Board members indicated that vacation rentals can be properly run and that by explicitly making them legal, many could "come out of the shadows" and be properly licensed by the state. At the July 10, 2012 hearing, the Board adopted an ordinance that specifically allows residential units to be rented-out for any period of time (daily, weekly, or longer). At that hearing, the Board directed staff to develop a mechanism to handle complaints and ensure that known FACommunityDevelopmem\CurpeMCC\201SBCC sLrkingReVVecRenalsOrdirunceI.doc 2 174 vacation rentals get properly licensed by the state. Excerpts of minutes from both Board hearings are attached (see attachment #3) • 2012 — Present: Since the July 2012 code change, code enforcement staff has handled and maintained a log of general inquiries and complaints related to vacation rentals. Site specific complaints are investigated and turned over to the state Department of Professional Business Regulation (DPBR) for its determination on whether or not a state vacation rental dwelling license is required. State investigations can take several months, especially if rental activity is minimal. While a state investigation is active, the state will not provide code enforcement staff any information about the investigation. Violations of local regulations, if any, are handled through normal code enforcement procedures. Upon a determination by the state that a license is required, and upon issuance of a state license, staff notifies the license holder about County residential parking requirements, and informs the clerk's office (see attachment#4). Since July 2012, staff has. received 5 general inquiries and 10 site-specific complaints regarding vacation rentals which included complaints about parking and impaired traffic flow. Of those 10 complaints, 5 were determined not to be used as a vacation rental, 2 were issued state licenses, and 3 have open investigations by the state. A copy of the current log is attached (see attachment #6). Based on that data, it appears that the number of site specific complaints in the unincorporated county has been relatively low, so far. Nonetheless, since July 2012, the percentage of unincorporated county site-specific vacation rental parking/traffic complaints compared to the total estimated number of vacation rentals in the unincorporated county (± 4%) exceeded the percentage of unincorporated county parking/traffic complaints related to conventional residences (± 2.4%) during the same three year period. In addition, recent research conducted by the County Attorney's Office indicates that there may•be more than 375 vacation rental units county-wide that are offered for rent on the internet. It appears that roughly 250 vacation rental units are offered for rent in the unincorporated county. Planning staff research indicates that numerous local governments in Florida and other. high tourist areas have experienced parking problems related to vacation rentals due to the frequency of larger than normal parking demands for such units. Such parking problems are reflected in recent position papers issued by the Florida League of Cities. Furthermore, the rise of internet and hand-held device tools and applications, together with the rise of management agencies, will make the marketing and management of vacation rentals easier. Consequently, the potential for increased vacation rental activity and related parking/traffic nuisances in the unincorporated county may be significant without proper parking regulations specific to vacation rentals. • 2014: The 2011 state law was modified to allow local regulation of vacation rentals but still pre- empted local governments from prohibiting vacation rentals or regulating the duration or frequency of vacation rentals. • 2014/2015: The south SR A-1-A ("Segal") case was heard by the Code Enforcement Board (CEB). In that case, the CEB voted 4-1 to find a violation of parking location regulations and entered a continuing order "that parking not occur in anything other than the designated parking area". The vacation rental owner appealed the CEB decision to circuit court. That lawsuit is currently pending. In February and May 2015, the Board considered vacation rental issues and directed staff to initiate adoption of vacation rental parking regulations and an ordinance prohibiting renting-out a single- family residence for special events such as weddings and reunions. FACommunity Deve1opment\CurDev\8CC\2015 BCC\ParkingRWVacRenulaOrdinancel.doc 3 175 On July 14, 2015, the Board adopted a resolution establishing an advisory committee-to make recommendations to the Board regarding any additional local regulations needed beyond the parking regulations ordinance and event prohibition ordinance already being considered. That committee, which will automatically sunset within one year of its first meeting or when it makes recommendations to the Board (whichever occurs first), will be known as the Short Term Vacation Rental Advisory Committee. In August, Commissioners made their district appointments to the committee, and the Board voted to appoint two at-large members and one alternate for the south beach property owners association representative who serves on the committee. Staff anticipates that the committee will convene this fall. Existing Indian River County Residential Parking Regulations Regulations on the number and location of automobiles regularly parked at a single-family residence are intended to maintain the visual/aesthetic character of residential neighborhoods, while accommodating parking needs. For any residential unit, the general parking minimum is two spaces per unit. That parking standard minimum is typical for most jurisdictions and for a single-family residence is easily met by providing a standard driveway. Current County parking regulations for a single-family zoned lot allow a maximum of 3 automobiles (not including RVs, which are separately regulated) to be parked outside an unenclosed area, with two exceptions. One exception allows for one additional vehicle for each licensed driver permanently residing at the residence. The second exception allows the parking of automobiles by persons visiting the residence without those automobiles counting toward the previously described limitations. The current regulations also prohibit parking within a required yard such as within the front yard setback area of a lot. It should be noted that in general, a car may be parked (but not stored) within a public local road right-of-way. t It is staff's position that the existing code's exception for parking by persons visiting the residence (the second exception described above) is not intended to apply to vacation unit renters or "guests" of the vacation unit renters. Although the current code is not clear on that point, that issue will be clarified and addressed through adoption of the "Ordinance 1" amendment now being considered. Comparison of Parking Standards for Vacation Rentals Staff has researched vacation rental parking standards and obtained information from nine Florida local governments as well as information from six out-of-state local jurisdictions (see attachment #7). Staff's research indicates that Vero Beach specifically prohibits vacation rentals and therefore has no standards relating to that use. Neither Fellsmere nor Sebastian have specific standards for vacation rentals, the same as Indian River County. Several of the surveyed jurisdictions specifically restrict vacation rental parking locations to driveways and designated areas (Islamorada, Bal Harbor Village, and communities in California-and Nevada). With respect to regulating the number of parking spaces, several jurisdictions require a minimum number of spaces or fraction of a space per room. A few jurisdictions limit the maximum number of spaces based on the number of designated spaces shown on a local government vacation rental application. Proposed Ordinance Based on the Board's direction, items brought up during the May 5`h meeting, and comments provided to staff by interested parties, staff revised and re-formatted the draft ordinance resulting in the proposed ordinance now under consideration (see attachment 10). HCommunityDevdopmew%CurDev%BCM015BCC\P,rkingRegtVecRenuisOrdim l.dm 4 176 The proposed ordinance defines the term "vacation rental", clarifies existing parking regulations for single family residences in general, and establishes parking regulations specific to vacation rentals. As structured, the proposed "vacation rental" definition closely follows the state's definition of such use for state vacation rental dwelling licensing purposes. Thus, any unit "advertised or held out to the public" for regular rental for a period of less than 30 days will be considered a vacation rental. Consequently, the County's definition will "capture" every short term rental unit that requires a state license. As structured, the proposed ordinance clarifies the County's current regulations by referring to "carport or garage" parking areas rather than referring to enclosed or unenclosed parking areas. The proposed ordinance also establishes automobile parking maximums for vacation rentals. As currently proposed, for vacation rentals with a garage and/or carport, the maximum number of parked automobiles is the total number of garage/carport spaces plus one space per bedroom not to exceed 5 automobiles parked outside a garage/carport. For vacation rentals with no garage or carport, the current proposal limits the total number of parked automobiles to 2 plus one space per bedroom not to exceed a total of 5 automobiles on site. For all vacation rentals, all automobiles except service and delivery vehicles are required to be parked on-site and not parked within a road right-of-way except within a designated and improved or stabilized driveway(a portion of which typically lies within a road right-of-way). In addition to the parking limitations described above, a vacation rental unit may provide for "excess" parking spaces if such spaces meet parking location requirements and are visually screened from view from any adjacent public or private street by a 15' — 20' wide Type "C" landscape buffer with 6' opaque feature. As proposed, excess spaces cannot be occupied between 10 pm and 8 am, must be reviewed and approved by planning staff through the administrative approval site plan process, and must comply with standards applied by Traffic Engineering and Fire Prevention. In practice, the current proposal to allow excess spaces will be useable on larger sites, will maintain visual compatibility from the view from adjacent streets, and will accommodate larger numbers of parked automobiles thereby accommodating larger numbers of people at vacation rentals situated on larger sites. As noted earlier in this report, the PZC has recommended deletion of the excess parking space provision while staff recommends _ adoption of that provision as part of the ordinance, as shown on pages 2 and 3 of the proposed ordinance as section 911.15(4)(b)4 and 912.17(2)(b)4 [see attachment#10]. Issues Other Than Parking During the May 5h Board meeting, staff presented and discussed issues and concerns other than parking that have been raised during discussion of vacation rentals. Those issues are discussed below. — Event Sites One issue relates to use of vacation rentals or any single-family residence rented-out for events involving large gatherings of people, such as weddings, reunions, and other events characterized by music, dancing, catered food, tents, or outdoor tables. Staff's initial review with the Deputy County Attorney indicated that the County could prohibit or separately regulate the renting of a residence (conventional residence or vacation rental) for compensation for a large gathering event. Since that initial review, the Deputy County Attorney has confirmed his opinion that enacting an outright prohibition on using a rented-out residence for a special event is justifiable and legal. That opinion seems to be supported by the June 22, i 2015 Florida I` District Court opinion in the Bennet v Walton County case. In that case, the court found it reasonable for Walton County to allow customary occasional events such as house parties and wedding celebrations at a conventional residence while prohibiting similar events at a particular home that was rented-out and used frequently for such events. FAComlwnityDevelopment\CurDev\BCC\2015 BCC\PuitingRegsVscRerddsOrd'unnceLdm 5 177 With respect to the event issue, the Deputy County Attorney, with input from planning staff, has drafted a proposed ordinance that would prohibit renting=out (for compensation) any single-family residence for a special event such as a wedding or reunion. Since the August 13, 2015 PZC hearing, staff has added to the special event prohibition ordinance an exception for events scheduled (contracted) prior to the September 22"d Board hearing that are to be held within one year. In addition, a provision has been added to the ordinance to allow special events on large (4+ acre) agricultural sites subject to obtaining a temporary use permit (TUP) from planning staff. The special events prohibition ordinance ("Ordinance #2) is scheduled for consideration immediately after the Board's consideration of the proposed vacation rental parking regulations ("Ordinance I"). In staff's opinion, "Ordinance 2" adequately addresses the event site issue. — Fire Safety Another issue raised relates to fire safety for vacation rentals. In response to that issue, County Fire Prevention staff coordinated with DBPR (Florida Department of Business and Professional Regulation) staff. According to DBPR staff, a licensed vacation rental is required to have functioning smoke detectors and a fire extinguisher. Actual site inspections by DBPR staff, however, appear to be rare and are scheduled only in response to complaints. Inspections of vacation rentals by County Fire Prevention are not currently provided in the county code. Consequently, local inspections of vacation rentals for smoke detectors and fire extinguishers cannot be required without a change to the county code. At the May 51' Board meeting, Fire Prevention indicated that fire code occupancy loads were not applicable to a residential unit. Staff's position is that occupancy limits for vacation rental units would not be practical to monitor or enforce. In staff's opinion, the issue of fire safety will likely be evaluated in the future by the Short Term Vacation Rental Advisory Committee. — Citation Powers& Fines Based on Florida Statutes Chapters 162 and 489, County Code Section 103.07, and County Resolution No. 92-59, County code enforcement officers have the, power to issue citations for various violations subject to specific procedures. Those procedures include issuance of a warning for an initial violation with time given for compliance. A violation that occurs thereafter may be cited per occurrence. Under the citation resolution currently in place, a $50 citation may be issued for each vehicle in violation of a parking regulation after a warning has been issued to the owner of the premises. Specific types of violations and associated fine amounts could be added to the County's current citation schedule by adoption -of a resolution, as was done in 2013 when fertilizer ordinance violations were added to the schedule by Resolution No. 2013-089. County code section 103.07, Resolution No. 92-59, and a citation procedures flowchart are attached (see attachment #8). In staff's opinion, citation powers and Erne amounts will likely be evaluated in the future by the Short Term Vacation Rental Advisory Committee. — Local License & Rental Management Contact Information In order to better coordinate with various departments/agencies and better manage compliance with local and state requirements (e.g. parking regulations, special event prohibition, state license, local tourist tax, business tax receipt) a local vacation rental license requirement could be established. Such a license could involve a simple submittal and review process to ensure that applicants read and acknowledge local requirements, and provide up-to-date local manager contact information. That information could be use by staff and shared with property owners associations to facilitate timely contact in the event that compliance or unit management problems arise. In staff's opinion, it is likely that requirements for local licensing and local management contact information will be evaluated in the future by the Short Term Vacation Rental Advisory Committee. F\CommunityDevc1opmem\CurDrMCC\2015BCC arkingRepVacRcnWm0rdinLneeLdoe6 178 t I CONCLUSION The proposed vacation rental parking regulations ("Ordinance I"), if adopted, will reasonably accommodate and limit the number of automobiles parked outside of carports and garages at vacation rentals. In addition, the proposed regulations appropriately limit parking locations at vacation rentals to carports, garages, and driveways. The proposed regulations also allow for properly screened and located day-time excess parking spaces which can be accommodated on larger sites. In staff's opinion, the proposed ordinance adequately addresses the issue of parking at vacation rentals. As described above, there are several vacation rental issues other than parking that are being addressed separately from consideration of the proposed parking regulations. The issue of renting-out a residence for special events such as a wedding or reunion is being addressed via consideration of a proposed ordinance that will prohibit that activity ("Ordinance 2"). Other issues, such as fire safety, citation powers and fines, and local license and rental management contact information will likely be addressed via the recently established Short Term Vacation Rental Advisory Committee. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance ("Ordinance I") establishing vacation rental parking regulations. ATTACHMENTS 1. Excerpt from February 10, 2015 BOARD Minutes 2. Excerpt from May 5, 2015 BOARD Minutes 3. Excerpts from June 19, 2012 and July 10, 2012 BOARD Minutes 4. Sample Notice to Owner of Vacation Rental Regarding Residential Parking Requirements 5. Sample Vacation Rental Dwelling State License Details 6. Log of Vacation Rental Complaints 7. Chart: Comparison of Parking Standards for Vacation Rentals 8. County Citation Powers Documents 9. PZC Minutes from August 13, 2015 Meeting 10. Proposed"Ordinance 1" (Vacation Rental Parking Regulations) APPROVED AGENDA ITEM• Indian River Co, Approved Date Admin. q 7 FOR: September 22, 2015 Legal i y_ Budget BY:06_011413hA' Dept. Risk Mgr. — - -- - - _ F-�Community DevelopmemlCurDev%BCC\2015 BCCWarkingReMVaeRCf"50rdinaneel.doe7 179 Shores had adopted a Resolution regarding the Florida Auditor General's audit of the Florida Municipal Power Agency and the plans of the City of Vero Beach, in response to that audit. He asked fellow Commissioners if they wished to draft a similar Resolution. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner O'Bryan, the Board unanimously directed the County, Attorney's Office to: (1) draft a Resolution similar to one that was adopted by the Town of Indian River Shores with regards to the Florida Municipal Power Agency's preliminary, and tentative audit findings and recommendation concerning the Florida Municipal Power Agency (FMPA), and the plans of the City of Vero Beach in response to that audit report, and (2) bring back the draft Resolution for Board review. C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Bryan 1:30 1. Parking for Vacation Rentals P•m• (memorandum dated January 26,2015 � -314 - --- - ----------------------- - 302 (Clerk's Note: This item was heard following Item 13.F. Update on the Public Service Commission Meeting, and is placed here fir continuity). Commissioner O'Bryan reported that on August 18, 2014, a Code Enforcement Board Order was filed against Michael D. Dudek for residential parking violations at his vacation rental property in the White Surf Subdivision, and that Mr. Dudek's attorney, Barry G. Segal, has filed a challenge to that Order. Commissioner O'Bryan explained that the volume of renters at the home has led to parking issues with the adjoining property owners, Dr. Miles Conway, Dr. Walter Forman, and Dr. Thomas Gillman, and proposed that the County Attorney's 'office draft an Ordinance regulating parking at vacation rentals, with the maximum number of allowable cars tied to''the size of the home. There was a brief discussion among the Board about vacation rentals in residential areas. Dr. Miles Conway, 2340 South Highway AIA, stated that he, Dr. Thomas Gillman, and Dr. Walter Forman, are in civil litigation with Mr. Dudek, because they have been putting up with untenable conditions for over a year. He noted that he resides in the Kansas City, Colony subdivision, just north of � I Board of County Commission Minutes Page 19 February 10,2015 I I ATTACHMENT 180 ur. t-onway reiateu that since the City has tightened up its restrictions on transient vacation rentals, these types of rentals will migrate over to the County. A brief discussion ensued between the Board and staff about the collection of Tourist Taxes. Board of County Commission Minutes Page 20 February 10,2015 ATTACHWENT 1, 181 number of vehicles parking at a vacation rental. He recalled staffs memorandum of April 23, 2015, where other issues were addressed besides parking that the.)- feel should be addressed with specific limitation: heads in bed, noise, trash containers, and compliance with State safety and licensing requirements. Tuck Ferrell, 12546 N. Highway AIA, President of the North Beach Civic Association, addressed problems with people abusing the system at events held in his neighborhood. He provided pictures for the record. He looked up VRBO (Vacation Rentals by Owner) who are advertising special events on the internet, and addressing parking at the County park. He thought the parking Ordinance was a good start, but did not know if it was going to help the event situation. He supported the Board for all their efforts in this matter. A lengthy discussion continued between the Board and staff regarding ways to fairly regulate events in an Ordinance. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Chairman Davis, to: 1) accept the draft ordinance as written, and direct staff to initiate the formal Land Development Regulations amendment process; and 2) direct staff to draft a separate ordinance that would prevent commercial events at vacation rentals in single- family residential neighborhoods, defining specific events that are prohibited, include criteria for formal advertising, whether it be newspaper, internet or other prima facia evidence for the use of commercial activity, and include general criteria to enforce the ordinance. Attorney Barry Segal, representing his client Mitch Dudak, a vacation rental owner, presented a letter from his client, pointing out that vacation rental parking is not the problem; it is an event problem. His client would be very encouraged to see the event problem addressed. Attorney Segal responded to several questions from the Board. Commissioner Flescher said the vehicle count on the parking ordinance was the one thing preventing him from supporting the motion,and he asked that it be modified. Vince DeTurris, 595 Reef Road, Vice President of the South Beach Property Owners Association (SBPOA), and a concerned citizen, appreciated the Board's support on this Board of County Commissioners Meeting May 5,2015 Page 13 ATTAcj+jAfr T 2 186 issue. He introduced Dr. Miles Conway who had been working on this issue for three years. Mr. Hunter disputed Mr. Dudak's comments presented by Attorney Segal that the use of vacation rental properties and the parking issue are a separate issue. Dr. Miles Conway, 2314 S. Highway AIA, Economist Industrial Consultant, Director and Secretary of SBPOA, and Chairman of the Land Use Sub-Committee, provided a slide presentation regarding social economic impact of transient boarding houses, or vacation rentals. He defined the reasoning and supportive suggestions of the SBPOA: 1. Avoid the gaming of the system, and control the influx of people, the ordinance needs to include the restriction of designated drivers in a driveway, and also eliminate valet parking, limousine, and shuttle service. 2. Remove the stipulation "for a vacation dwelling, the number of automobiles parked outside of a carport or garage." They see that as a step going backwards. 3. Adopt an ordinance as Monroe County has for their vacation rental law, and property license requirements. 4. Counsel staff on using qualitative statistics. Discussion continued by the Board commenting on Dr. Conway's presentation, and further questions were posed to staff. Sheriff Loar stated his office's responsibility is to enhance and assist the County with any ordinance that they adopt. The Chairman asked Vice Chairman Solari to restate his Motion,as two separate motions. MOTION WAS RESTATED by Vice Chairman Solari, SECONDED by Chairman Davis, to approve staff's recommendation directing staff to initiate the formal Land Development Regulation (LDR) amendment process. Discussion continued by Chairman Davis who posed additional questions to staff', reviewing the issues addressed Board of County Commissioners Meeting May 5,2015 Page 14 187 ATTACHRE10 2 and shared thoughts and ideas on how staff could address them in the ordinance. The Chairman CALLED THE OUESTION and the Motion carried unanimously. MOTION WAS RESTATED by Vice Chairman Solari, SECONDED by Commissioner Flescher, to direct staff to draft an ordinance that would prevent commercial events at vacation rentals in single-family residential neighborhoods, defining specific events that are prohibited, include criteria for formal advertising, whether it be newspaper, internet or other prima facia evidence for the use of commercial activity, and include general criteria to enforce the ordinance. Following the Motion, Vice Chairman Solari stated that he wanted staff to bring the Ordinance back to the Board through the normal LDR amendment process. The Chairman CALLED THE OUESTION and the Motion passed unanimously. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Commissioner Zorc, to ask staff to review and analyze the Monroe County Ordinance on Vacation Rentals, consider the comments from the SBPOA, and bring it back to the Board for further discussion. A brief discussion followed among several Board members regarding the Monroe County Ordinance being in compliance with Department of Environmental Protection and Health Regulations. Vice Chairman Solari read the Monroe County Ordinance and said he was not going to vote in support of this Motion. He found the Monroe County, Ordinance to be incredibly onerous, and while Monroe County has certain specific aspects to its nature for which it may be appropriate in that County, he did believe it was not appropriate for the unincorporated area of Indian River County. The Chairman CALLED THE QUESTION and the Motion carried, by a 3-2 vote (Commissioner Flescher and Vice Chairman Solari opposed). The Chairman called for a break at 1:42 p.m. and reconvened the meeting at 1:55 P.11L Board of County Commissioners Meeting May 5,2015 Page 15 ATTACHMENT 2 188 8.H. CONSIDERATION OF CHANGE ORDER NO. I TO CONTRACTAGREEMENT WITH TIMOTHYROSE CONTRACTING,INC. FOR CONSTRUCTION OF PUBLICACCESS IMPROVEMENTS ON THE FLINN TRACT OF THE LAGOON GREEN WAY ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved Change Order No. 1 to the Lagoon Greenway Phase I Construction Agreement with Timothy Rose Contracting, Inc., and authorized the County Administrator to execute the Change Order on behalf of the County, as recommended in the memorandum of June 12, 2012. CHANGE ORDER ON FILE M THE OFFICE OF THE CLERK TO THE BOARD Chairman Wheeler called a break at 10:15 a.m. and reconvened the meeting at 10:27 a.m., with all memberspresent. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLICHEARING 10.A.1. CONSIDERATION OF PROPOSED LDR(LAND DEVELOPMENT REGULATION)AMENDMENTS (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD June 19, 2012 9 ATTACHMENT 3 189 1 Planning Director Stan Boling, using a PowerPoint presentation (on file), recapped his memorandum dated June 7, 2012, providing background and analysis on the proposed Land Development Regulations(LDR) amendments, which are the result of staffs Evaluation and Appraisal Report (EAR) process. He said that the Board needs to adopt the comprehensive plan policies, pointed out that some of the added amendments were initiated by the Board, and some were initiated through staff to clean up, clarify, and/or update the LDRs. He reviewed the proposed recommendations from the Agriculture Advisory Committee and the proposed recommendations and exceptions from the Planning and Zoning Commission. Director Keating also spoke about short-term lodging in single-family zoning districts;the definition in the County Code of hotel/motel; not currently having a definition of lodging facility(a use that is allowed only in commercial zoning districts); what staff has done over the years regarding 30-day stays; and the proposal to clarify the definitions in the ordinance. He recommended the Board direct i staff to make any necessary changes to the proposed LDRs, and announce their intention to adopt the ordinances at the July 10, 2012, 5:01 p.m. hearing. The Chairman opened the Public Hearing. i Glenn Powell, 12845 Bay Street, Roseland, owner of several single family homes and short-term rentals in Sebastian and Roseland, said he had four houses that were charming but did not lend themselves to attracting a good long-term tenant, so over the years he rented them as short-term vacation homes. He provided background, revealed his ongoing monthly costs, and noted that when he purchased the properties, he researched the County Code for single family residences, but it did not address rental terms or time limitations. He thereafter voiced concerns over: (1) the County Code being silent on short-term rentals, (2) how changing the LDR would affect him, and(3)not being notified of the workshops/meetings that had taken place. He claimed that the Courts have held that short-term.rentals are not a business use. Mr. Powell emphasized that in addition to collecting lodging taxes, he also maintains the properties, and is an asset to his neighborhood; and if there is a code that specifically prohibits short-term rentals, June 19, 2012 10 ATTACHMENT 3 190 i I I people will still continue to rent, but the landlords will not collect the taxes, and it will be a black market rental business. He relayed that on June 2, 2011, Governor Rick Scott signed a Bill into law that reclassifies a single-family home as a vacation rental, and a local law cannot restrict, prohibit, or regulate the rentals based on the classification use for occupancy. Vice Chairman O'Bryan said that his family has used short-term rentals in the past, and I felt they provide a family friendly environment. He believed that most of the people that moved or brought their business to this County visited here first. He asked the County Attorney to review the State Law that Mr. Powell referenced, and provide an opinion before the final meeting, so the Board can take appropriate action. Commissioner Davis also revealed that his family uses short-term rentals when traveling. He could only recall two negative complaints in his eight years of being a commissioner. Community Development Director Bob Keating acknowledged that there have not been a lot of complaints, and reiterated that staff is not changing the policy, they are only clarifying it. I Chairman Wheeler believed that by clarifying the ordinance, it is in effect, changing it. Commissioner Davis did not favor changing the ordinance, he wanted time to observe whether there is a real or perceived problem; at this time he believed it to be perceived. I Mr. Powell said the people who come for short-term rentals have money, are educated, I and seek out what Indian River has to offer. He said there are regulations that can be put into place to take care of the concerns of single-family residences. i Attorney Polackwich focused on legal issues and the interpretation of the proposed amendments to the ordinance. He recalled that vacation rentals are defined under Chapter 509 of I the Florida Statutes, which also deals with hotels and vacation rentals at the State level, and are June 19, 2012 11 AT TAGHRRENT 191 i regulated by the Division of Hotels and Restaurants, Department of Business and Professional Regulations, which is why this situation has been dealt with through the definition of hotel/motel. He said the County Code is gray, and staff s position is that because the ordinance includes"any building,"they now want to clarify that"any building" includes single-family residences. Richard Gillmor, Sebastian Councilmember and Congressional candidate, addressed the LDR's regarding vacation rentals. He felt the vacation rental business is self-regulating, and he cautioned the Board not to fix what is not broken. He suggested that staff invite other short-term rental landlords to future workshops. There being no other speakers,the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner Flescher, to direct staff to remove the proposed changes to the "Hotel/Motel" section of the Land Development Regulations. Discussion ensued among the Board as to how to make the amendment to the Land Development Regulations clearer. MOTION WAS AMENDED by Commissioner Solari, SECONDED by Commissioner Flescher, to allow short- term rentals for less than one month. The Chairman CALLED THE QUESTION and the motion carried. The Board unanimously directed staff to: (1) remove the proposed changes to the "Hotel/Motel" section of the Land Development Regulations; and i June 19, 2012 12 192 10.0 PUBLICNOTICE ITEMS 10.Q. NOTICE OF SCHEDULED PUBLIC HEARING FOR JULY 10, 2012: PELICANISLANDAUDUBONSOCIETY'SREQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A COMMUNITY CENTER (QUASI-JUDICIAL) County Attorney Polackwich read the notice into the record. 11. COUNTY ADMINISTRATOR MATTERS II.A. APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DENIAL OF 12 IMPACT FEE REFUND APPLICATIONS SUBMITTED BYIMPACT FEE CONSULTANTS (QUASI-JUDICIAL) June 19, 2012 13 Fy ��f t7 193 i 423W5 DBPR-DUDEK MITCHEU,D;Ddng Business As:DUDEK RENTAL.VOCatlon Raft-owefling 2:48:30 PM4Q1WI5 II Licensee 'Information Name: DJOirI+VITCFiELf:D (Primary kerne) OUDEX REKTAL(DBA Name) Main Address: 3 ROYAL PALM POINTE PHE County: INDIAM RIVER License Mailing: 3 ROYAL PALWi POI !a PF.,E VERO B-5ACIi: FL 32960 County: IItDIAK RzVE+3 LlcenseLocatiun: 240a 23 gi&_ ViERO MAXH s"t, '32S63 County: INDWI RIVER License information License Type: Vacation ?ental - DweiilnQ Rank: Dwelling License Number' DWIE4101319 Status: Curmnt,Active Licensure Date: 0,4/29/20.1,4- Expires: ,4/29/20_4Expires: 04/01/2016 Spacial Quailficae-ons QsalilicaVon Effective E-Ingle 04/29/2014 IndlenRive.—A -4 04/29/2014 ZINGLE t9RIT 04/29/201i; Alternate ;'?acnes I _ateri'il'].!1^n1�= ►• ►� :_,., '..i:I.31.._iu .r•+ail: r13:.L: Ciww,°.r tYtpe•JMww.myAorlddfcaae.oornAJoareseDe{afl.�tf181D�did�688013�iC7�3C8DD278 1,2 216 201 I Comparison of Parking Standards for Vacation Rentals (April 2015) Jurisdiction Comments Parking Location Min. # Spaces Max. # Spaces 1. Vero Beach,FL Prohibits vacation rentals in N/A N/A N/A residential districts in lawsuit 2. Fellsmere, FL No specific standards for vacation — — — rentals 3. Sebastian, FL No specific standards for vacation — — — rentals;no complaints in recent ears 4. Brevard County, FL Allows single family resort No parking along street 1 off-street space per dwellings bedroom - 5. St. Lucie County, FL Applies parking at lodging use — .71 to 1.29 spaces per — rate occupied room 6. Manatee County, FL No specific standards for vacation Must park in driveway or _ — rentals along street; cannot block driveways or hydrants 7. Fort Myers Beach, FL I space per bedroom or nguest room z 8. Islamorada, FL Specific standards apply; Park in driveways only; Limited to max # 3 — application for vacation rentals parking over sidewalks or presented in vacation required in right-of-way rohibited rental application 9. Bal Harbor Village, FL Specific standards apply; Park in areas shown in — Limited to max # application for vacation rentals vacation rental application presented in vacation required rental application 10. Duluth, Minn. — — 1 space per 2 bedrooms — 11. Coconino,Ariz _ _ 1 space per bedroom — 12. Douglas County,Nev. Max. occupancy 2 persons per On site and assigned — Limited to max # bedroom plus 4 extra persons per spaces only shown on vacation residence rental application 13. South Lake Tahoe,CA Currently changing regulations. As shown on vacation — Limited to max # Max. occupancy 2 persons per rental application shown on vacation bedroom plus 4 extra persons per rental application residence N F\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\parkingstandardschart.doc I O Comparison of Parking Standards for Vacation Rentals (April 2015) Jurisdiction Comments Parking Location Min. #Spaces Max.# Spaces 14. Sonoma County, CA Max. occupancy 18 persons per On-street parking"may be 1 space per 2 guest _ residence except for recognized considered" rooms holidays 15. San Luis Obispo Co., _ Limited to garage or CA driveway only Indian River County Comments Parking Location Min.# Spaces Max. #Spaces A. Existing Section 911.15 and right-of- Off-street parking Motels: 1 space per rentable way ordinance regulate parking required for commercial room locations. No vacation rental and multi-family regulations; vacation rental development. In single- Bed & Breakfast: 2 spaces considered same as a residential family areas parking plus one space per rentable unit allowed in right-of-way room but not in required front ~E yard areas Multi-family: 2 spaces per unit r1n Note: all spaces off-site with landscaping between parking area and street B. Draft Proposal Create definition of"vacation Limited to garage, carport, _ Total number of garage rental'consistent with state and driveway. Over flow and carport spaces plus definition used for licensing parking allowed elsewhere up to 5 spaces in ("transient public lodging on site if screened from designated driveway (one establishment"); create specific view from street and such space per bedroom parking standards for vacation shown on approved not to exceed five rentals in 911.15 administrative approval spaces). Extra site plan "overflow" spaces allowed if screened from view from street and shown on approved administrative approval site plan. N F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\parkinptandardschart.doc 2 O A 1 I Section :1.03.07. Code eoforcement citetion procedures—General. i (1) These procedures are enacted pursuant to F.S. §162.21. (2) Citation authorization; application. A code enforcement officer so designated by the county is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted county code or ordinance; the county court will hear the charge. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code officer to the provisions of F.S. §§943.085 through 943.255. (3) Notification prior to citation issuance; procedures. (a) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period,the code enforcement officer may Issue a citation to the person who has committed the violation.A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may Immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health,safety or welfare,or if the violation Is Irreparable or Irreversible.' Notwithstanding the preceding paragraph (103.07(3)(a)), the board of county commissioners shall adopt, by resolution, a schedule of violations and penalties to be assessed by code enforcement officers,including standard notification time periods for specific types of violations, said time periods not exceeding thirty(30)days. (b) A citation issued by a code enforcement officer shall be In a form prescribed by the county and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. S. The number of the section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow In order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person falls to pay the civil penalty within the time allowed,or fails to appear in court to contest the citation,he shall be deemed to have waived i ATTACHMENT S 2051' i I his right to contest the citation and that; in such case,judgment may be entered against the person for an amount up to the maximum civil penalty. 11. A statement to read as follow: I hereby elect to waive my right to a court hearing and in lieu thereof select to have my case heard by the Indian River County Code Enforcement Board or designated special master. I understand that the decision of the code enforcement board or designated special master shall be final and binding on me. (signature). i (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court,unless the a lleged violator elects to appear before the code enforcement board or designated special master in which case the citation and copy shall be deposited with the secretary of the code enforcement board. (5) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082, 775.083. (6) The provisions of this section shall not apply to the enforcement of building codes adopted pursuant to F.S. § 553.73, as they apply to construction, provided that a building permit Is either not required or has been Issued by the county. (7) The provisions of this section are an additional and supplemental means of enforcing county codes and ordinances; nothing contained In this section shall prohibit the county from enforcing its codes j or ordinances by any other means. I (Ord. No.92-9, § 1,4-21-92) I i i ACHMENT i 206 u i Commission office. He recommended the board move forward on approving the rezoning request. The Applicant, Bruce Barkett, waived-his presentation and explained that the application is consistent with the apooved site plan. ON MOTION BYDr. Day, SECONDED BY Ms. Caldarone ,the members voted unanimously (6-0) to approyethe recommendation for rezoning with the nditions set forth in the staffs recommendation to the Board of County Commissioners. i Chairman Polackwich read the following into the record: B. Consideration of Proposed Parking Regulations for Vacation Rentals ("Ordinance 1"); Amending Land Development Regulations Chapters 901 (Definitions), 911 (Zoning), and 912 (Single-Family Development) (Legislative] i Mr. Boling presented a PowerPoint presentation, a copy of which is on file in the Commission office. He discussed the fact that in 2011, the State pre- empted local government regulations regarding vacation rentals and the Board of County Commissioners adopted a code change in 2012 specifying that vacation rentals are treated the same as conventional residences. Since that time, Code Enforcement has received several complaints regarding parking and the BCC directed staff to initiate the adoption process for special parking regulations for vacation rentals. In addition, a Short Term Vacation Rental Advisory Committee was established in July 2015. i Mr. Boling went on to review Proposed Ordinance #1, clarifying that it does not change existing parking allowances for conventional residences. For vacation rentals, parking would be limited to the number of carport/garage spaces plus one space per bedroom, not to exceed five spaces outside. For rentals with no carport/garage, parking would be limited to two spaces plus one space per bedroom, not to exceed five spaces outside. There was also a provision for "excess spaces" for larger parcels. He pointed out some of the concerns from "interested parties" thus far. Chairman Polackwich voiced his concern with the ordinance regarding the i definition of "vacatiori rental", particularly when the homeowner also lives in the residence. The homeowner wouldn't have the same parking privileges as his neighbor whenever he's living in his home. PZC/Approved 5 August 13, 2015 207 ATTACHMENT Glen Powell, who operates four vacation rentals in Roseland, conveyed his belief that 99.9% of vacation rental landlords do the right thing but the other 0.1% are the problem. He believes that if Ordinance 2 (prohibiting commercial events at residences) is passed, it will take care of Ordinance 1. He went on to point out that bad behavior is not limited to vacation home rentals; homeowners often exhibit bad behavior as well and there's nothing in the county ordinance that deals with that. Perhaps there should be code limiting number of cars in front of a residence regardless of whether it is a vacation rental or not. Carol Lewis, real estate broker in Indian River County since 1975, spoke in .favor of vacation rental parking and commercial use restrictions. She contended that the majority of vacation rental owners are unlicensed. Her neighborhood, Angler's Cove, is a mix of vacation rentals and residences which she believes is i problematic. Dr. Tom Gilman spoke in favor of rental parking and commercial use restrictions. He asserted that there are times he can't even get into his driveway due to all the cars parked at the nearby vacation rental. He believes that his home value has decreased dramatically due to this problem as well. I George Lamborn, President of the South Beach Property Owners Association thanked the Board for the work they've put in regarding this problem that they inherited but believes that there is not enough police force to enforce this Ordinance. He believes that they should keep things simple and easy to enforce. I i Dr. Miles Conwayives on South Al and supports pports the Ordinance with the exception of the second part which allows a person to apply for additional parking with.a Type C buffer as he contends that this could allow too many vehicles at a residence. Nat Mortese of Vero Beach spoke in support of the Ordinance except that he believes it is unenforceable. He believes that as short term rentals bring revenue to the county, an enforceable way to solve this problem must be found. f Steven Geezler, a Stuart attorney, spoke of his experience in short term rental litigations. He commended the board for attempting to tackle this case and believes that dealing with behavior is the answer, despite whether the people are vacation renters or homeowners. I Mr. Emmons stated that he didn't see the merit in the exception for excess daytime parking spaces and questioned enforceability as well. PZC/Approved 6 August 13, 2015 ATTACHMENT � 208' A i� i I Chairman Polackwich discussed the fact that this is a unique issue in that I we're talking about what amounts to a commercial activity in a residential neighborhood. Normally zoning would take care of this but the situation is that i the State has put us in the position of having to deal with the problem. He stated that he would vote against the Ordinance because he feels that it should only apply during periods of rental. Mr. Stewart pointed out that perhaps there should be a Sunset Clause in the ordinance so that if a residence does not rent for a certain period of time, there should be a way to stop it from being classified as a rental. Mr. Boling discussed the possibility of setting up "seasonal" licenses. i ON MOTION BY Mr. Emmons, SECONDED BY Dr. Day, the members voted (5-1) with Chairman Polackwich dissenting, to approve Ordinance 1 as � presented with striking out the excess parking i exception allowance in the staffs recommendation to the Board of County Commissioners. I Chairman Polackwich read the following into the record: C. Consideration of Proposed Prohibition of Commercial Events at-Single- Family Residences ("Ordinance 2") [Legislative] f Mr. DeBraal explained the logic of the Ordinance 2-that would prohibit a single-family residence being rented out as a site-for a commercial event. It would not affect activities such as private parties by the homeowner. Moreover, temporary use permits could be applied for on a case by case basis, especially on large (agricultural) parcels. Dr. Miles Conway urged the board to pass this Ordinance, not only because it's good for the,41ghborhood, but also for the environment, due to the sea turtles on the beach where many weddings are held. Na � i t Mortese voiced concern about events being held on large acreages and M �l�eBraal responded that he could apply for temporary use permits as ne ed. Mr. Mortese argued that by limiting activities at venues such as these creages, the county loses revenue in the form of tourist taxes and jobs. PZC/Approved 7 August 13,2015 ATTAC I VIEW 9 Zo9 , ORDINANCE 2015- PROPOSED ORDINANCE 1 i i� AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE- FAMILY DEVELOPMENT; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "VACATION RENTAL"; BY AMENDING GENERAL PROVISIONS SECTION 911.15(4), PARKING OR STORAGE OF VEHICLES; AND BY AMENDING SINGLE-FAMILY DEVELOPMENT SECTION 912.17(2), PARKING OR STORAGE OF VEHICLES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND j CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BE AMENDED AS FOLLOWS: f SECTION#1: Amend LDR Section 901.03, To Establish a Definition of"Vacation rental"; as follows: I Vacation rental. any residential dwelling which is rented or leased more than three times in a calendar year to a tenant, individual, group of individuals or party for a period of less than 30 days, or which is advertised or held out to the public as a dwelling which may be regularly rented or leased for a Deriod of less than 30 days I SECTION#2: Amend LDR General Provisions Section 911.15(4), on Parking or storage of vehicles, as follows: I (4) Parking or storage of vehicles. j (a) Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring I homes and properties. i (b) Parking or storage of automobiles. A Except as provided in sub-sections 1 —4 below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The , limitations on the number of automobiles narked outside of a carport or garage 3f this se�ti shall not preclude the parking of automobiles by persons visiting a single family home. Bold Underline: Additions to Ordinance 1 &Wke-dtreagh--. Deleted Text from Existing Ordinance 210 F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc ATTAC If MEW 1 n i` I ORDINANCE 2015- PROPOSED ORDINANCE 1 1. For a vacation rental that has a' carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one i automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. ' Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway ! and not within any required yard area. 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within- any required yard area. I 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of way except within a designated and improved or stabilized driveway. 4. For all vacation rentals, the number of automobiles parked outside of a carport or garage may exceed the limitations and maximum set forth above if the excess j Parking spaces are provided on the single-family lot outside of required setback areas, are visually screened from view from any adjacent public or private street by a Type "C" buffer with 6' opaque feature, and are not occupied by automobiles from 10 pm to S am. In addition, prior to use of any excess parking spaces, the vacation rental owner shall apply for and obtain approval from the Planning division of an administrative approval site plan depicting each excess parking space and demonstrating compliance with these regulations and standards applied by Traffic Engineering and Fire Prevention SECTION#3: I Amend LDR Single-Family Development Section 912.17(2), on Parking or storage of vehicles, as follows: i (2) Parking or storage of vehicles. (a) Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. (b) Parking or storage of automobiles. A Except as provided in sub-sections 1.—4. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The Bold Underline: Additions to Ordinance 2 Stfike Deleted Text from Existing Ordinance 211 F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc lli*#L AN1lirWa,. I A T f ORDINANCE 2015- PROPOSED ORDINANCE 1 limitations on the number of automobiles parked outside of a carport and garage )f this seer: shall not preclude the parking of automobiles by persons visiting a single-family home. 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway j and not within any required yard area. i 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. I 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway. I 4. For all vacation rentals, the number of automobiles parked outside of a carport or garage may exceed the limitations and maximum set forth above if the excess Parking spaces are provided on the single-family lot outside of required setback areas, are visually screened from view from any adiacent public or private street by a Type "C" buffer with 6' opaque feature, and are not occupied by automobiles from 10 pm to 8 am. In addition, prior to use of any excess parking spaces, the vacation rental owner shall apply for and obtain approval from the planning division of an administrative approval site plan depicting each excess Parking space and demonstrating compliance with these regulations and j standards applied by Traffic Engineering and Fire Prevention SECTION#4: SEVERABILITY I If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION#5: REPEAL OF CONFLICTING ORDINANCES I The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION#6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or Bold Underline: Additions to Ordinance 3 Str+ks dmu& Deleted Text from Existing Ordinance 212 F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc AYTACHMENt l o I' 1 ORDINANCE 2015- PROPOSED ORDINANCE 1 i relettered to accomplish such, and the word ordinance "may be changed to "section", "article", or � any other appropriate word. SECTION #7: EFFECTIVE DATE I This Ordinance shall take effect upon filing with the Department of State. j This ordinance was advertised in the Press-Journal on the day of , 2015, for a public hearing to be held on the day of , 2015, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Wesley S. Davis i Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc I Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of 2015. BY: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller i BY: Deputy Clerk i This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY gel)ylanReingo d, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, � ,AIBP• Community Development Director Bold Underline: Additions to Ordinance &Wke-Ehreugh- Deleted Text from Existing Ordinance 4 F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc 213 Florida Department& Office of the General Counsel Busi nes � ) William N.Spicola,General Counsel ProfesZrha I 1940 North Monroe Street Tallahassee,Florida 32399-2201 Regulation Phone:850.488.0083 •Fax 850.922.1278 ® Ken Lawson,Secretary Rick Scott,Governor August 28, 2015 The Honorable Debbie Mayfield 1053 20th Place Vero Beach, Florida 32960-5359 Dear Representative Mayfield: Thank you for your inquiry. You asked whether a vacation rental unit must meet the requirements of the license while the owner is residing in the unit. As provided in s. 509.041(1), F.S., vacation rental licenses are annual licenses. Once the license is issued, the unit is a vacation rental until the license is relinquished or revoked. Therefore, a vacation rental unit must comply with all requirements of the Department of Business and Professional Regulation vacation rental license during the entire term of the license. Sincerely, Michael Martinez Deputy General Counsel Department of Business and Professional Regulation M M/md cc: Ken Lawson, Secretary Diann Worzalla, Director Dan Olson, Director ` LICENSE EFFICIENTLY.REGULATE FAIRLY. WWW.MYFLORIDALICENSE.COM � 13- A-1 to. Q .3 . September 20,2015 I To:Indian River County Commissioners September 22nd 2015 in Vero Beach From: George D.F.Lamborn.President South Beach Property Owii_ers Association. I I ani eery disappointed I cannot be ,N`itli you County Commissioners today in order to be able to address you all personally regarding short tenni rentals.These short terin reintals.are ballooinirig and spreading the negative effects-that.they are having on the majority of your constituencies'and the South Beach and other property owner areas. At the last PZC meeting I attended in Veno Beach;progress was made with the approval of the parkiitg restriction regulation excluduig item Four.However. if the Conunission reverses the work of the PZC oil item Four.«-e are back where xi•e stalled—liotel/niotel parking lots Next to residences.Item foul-must be eliminated in its entirety to make proper progress on controlling disruptive parking. It appears to ine and my associates to be very clear that in fact nothing to help our South Beach property owners and otliers.affeeted by tliese short terinn rentals will be accomplished for inother 14 iiionflis it-least because you coinnnissioiners toted to approve the Solari coninnittee I This eoinunnittee has been stacked with representatives-,,.!lio have little or no knowledge,experience;or { interest in controlling these short Terni rentals.The South Beach Property Qwiners Association has repeatedly complained to the Coinuniissiori of the effect of illegal Parking,24-hour noise; sinnelly and unsightly garbage,health problems.fire problems;.thefts;and disturbances of the peace.Unless you are there you cannot imagine what a Mess call be created ivith a nn short tenni rental. Awhile back we sent all of you conunssioners a study of the Monroe County solution.We have not had any response from you and mould appreciate it if you would dig out our proposal and respond to it or tell its you are not going to take it into considerhtioii. In conclusion; in the short tenni; it.appears that 'there is only one rennedy that-will solve short terinl rentals that affect South Beach,that is,to become annexed to the city of Vero Beacli.'That event would correct your past mistake quickly. Yoiir conituissioin x�ill not be-able to solve our problem for a year or more as there_ appears to be too niainy peisbiial conflicts.of interest or we"Mould have sten progress already; Thank you.Any Nvrittein.suggestions from you coniniissioners would be niore than appreciated by the South Beach Property Owners Association. Sincerely; George D.F.Lamborn. Presideiit. South Beach Property O�imers Association 1 11 , D I Treasure Coast Newspapers TCPALM . i Indian River Press Journal ' 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER J Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO# 463755-INDIAN RIVER CO PLANNING DEPT 674780 Meeting:9/22/15:Parking&Event BCC Meeting 9/22/15 Pub Dates September 4,2015 i I � I Se this ay of,September 03,2015,by who is Sherri Cipriani (X)personally known to me or ( )who has produced as identification. i Sandra Coldren Notary Public SANDRA COLDR.EN I MY C%'MISSION#FF004Z F F EXPIRES,April 1, 017 80-1,1M Thr Notary Public U?dem'j lers 1 -213-C . 1 . li ( ' ^ TRFAAIRECOAST NEWSPAPEAS ae Friday,SePtUnbE14,2015.E7 Pybfic Nodces: Public NOr D�__ 'Public Notices (nts�A_aeNpefor 5_ale Morrms Ung fumis(ied' AlitOmobiles for 5ale� b!t int°rmed Of Ne dIY "End"',above. l I- foal pe v�neM FORT%FYfI 21 sae GWft VI2 SPEECH VIE Inn XL IEEP GRAND d2EROFEE-1996 YLInyy Naze tithe rd Of tM DrOceetling3 Rte IO h.Lg4 3 mfr- rrcWy mn-ted. Safe b Good l" dEDL Rims Orea. A person w q tdephma ORDINANCE231&2015THE en4 tw EUch WrDOSe,may i 1661 It 10 MJe Creak Oulet mm. Split plan. Needs TLC.One owner.1704 I M IL L�ps art open D .CITY Of SMART.ANCE OFLOR DA ,W-Mm need In yl{Mtparov[aertW �K Al wakMEM hstroa I- �cytlarDdpsp-S SS. 1SW- mL,52.00.(Tli)186.31I11R N!Du Wk and may M cory AMENDING CHAPTER 16 Ings b made,which recwtl yyararaayyee W been S150N: (305)T6l•Tlll KIA SEPIM 20001eow, d Q Owed m a IAN,Bate eM ARTICIE 11.I.A.ENFORCE- ONidd ind.de Ne testlmmy CJIT)2-.11.1135 VEAO BGCHI.1 Bbckto OceaN t0.AC. Ski CD d �u_h SuperMzms YENS.COOS COMPLIANCE MMdence upon whM Ne WEBID 650669 2/i w/Irg fam rm8 5915(722)612-;101 May--ed the meetingp q OF THE SMART CODE OF ppeJ N l°MDased 0BvJ41iiqq W telepMM ulOM a3 tM ORDINANCE;PROVIDING FOR This rmtice dated Nb lth tlm PORT 11 WCIE LOT LuritlrYrmlR,st comdeLW yERWR'I GIGND WRQUIS b A Doone,present at Ne CONVICTS:PROVIDING FOR 01 SaPUMMe,IOli Skk-1 mus,Stl,5500 .1 upJnted bJeaned: GS.m14dr,auto,AC.P= Q Mnn SEVERADUrv: PROVIDING Gtd Ch Ma. N° S �w1 mari�mi3W1�1a51. d lKk$51975 p7p672`4N _ .�3,aa wbhlnO la'g a rapY FOR CODINC"; DROVItr SubMtInd bY: 99ee YFNQIRY SABIE 1991 very vV N Ne montes Of tM nrce[- MG AN EFFECTIVE OATS AND Nue E Smith payme[Call 1)1143.96024 WEB ID 65BUIS5 •Q Ing mat untact the DisUirt FOR OTNFR PURpOSEi dark Ol Circuit Court WED ID 61lU9 �yooQ•+O A4 S15D0 ✓'� YaNper at(9517)21-8681. Am Mrsan deddAp Lappet VJUA IBoartl eek Condos Fumished (6TUIT1-I ID fi)9913 AN wM decides topub: Del/"ISRealESttPWanLRdl IARUB6N1 G.u7Ir 3001.a[bon Lkm rtTCN67I I6 4nm FRETCDNSON BAND=Bliih4 kay.bwd ps is ativisetlCaSNU/uq fur,LL s1295/mo aRedMdemeLmn,w91 eed Nat•verbatim reurd at SSSS WE BUYRAWS555 A WIY 518.668-H101 Hrc prOceeding5brps Ls made.In WFBID[[ordlnply,the .M.wen the Amerf2e711e5t f0 BIdS NlJ Estate:RV's:Boafs:need m enureIcans WN DkAbiHUEE Acta batim rt[Am 01 (ADA aaznyonewM nttdsa CFTY OF FORT%FACE FORT Fret appnWLR61)25S!OI6 Coble Or.fum lbtl/Iba. C the Pro[eedA95 b matl0.0. mrtiodaHon i" PIERCE FIDRIDA On arW,w/tl �,potl.NO NISSANALTYA-100.1.2. AWdng dN IvdniDnY ark S :slwuN cmMR ke/pem 58TSryn4 CJI [noose from.load M.runs Q e4derrce upon wNN sato Ne G DA cOwe7natw REQUEST FO0.PROrosAlS -�O 7T2-199059IW®ID N5)l6 L'Fe^ew•cdd AG 3tartpip at t(yyyy R6flB(TR)600-8136 Q r appeJbtOMbased. t28bi106 a[leas[Nhaurs NO.3015-050 Real ESeaHi YERO BE.Ox-OceamronL 2R tWrtaO[OSdIlSCOm V TOtn Hans xdikbiOSamrdaey artl Sun- SeJed posazs ill be Rer1ta13' fum Condo.Wath waves N -' from be"0"ume N sec N ee.0 uAnu 1004 SE 1dr. ` Manager Ear. recNveO Ey tn_e dty 01 Fort W!Ppgl/Spb Vneprd puk- .-A C, wiMOw a bct N Wb:Sepptember..2015 SMARTCsry CONYISLON Fort Plane,FlOdd4 pparbsj0 Is.FumCShed' Q) TCN 63161E Pub:Santa,M1 t,2015 N the Dft..DI the Direct" CIO•W/0.dose Z mataw.. (1975 172)671`404 DER TCN 663168 EI WAdmALstraWe SaNctL a SMP,.1IOONm.fl50Nm roNnAt GRAMO PRL-2001 7 NOnROFPUEUCHEANMG n FORT PIERCE 2BR.LwiiiO len-A"(8607212.6516 and kitdNl FWFT fw- III.SE Riots yyPad A/C LO �• NOTICE IS HEREBY GIVEN that NOnLE Of MEETING DATES: Nsned AB ubLUes lnWtle4 VERO BEATJI-vlSfA eOr.lE- [Lereaz NPC GooO fvs[car Me Beam 0l Counry Com- WATERSTONE COMMUNITY 10DPM.TUESDAV, SEEM-Great__,W. IbMroOm,CMth.AfOoo, 1.500°,No TIMM—. C mEM.PE' f IMIan River DEVELOPMDTT DISTRICT SEPTENHURM- 5 p71)16S5621 cdlent diUon, lar C fw hrNsnlnv. NSME.Lea3e yearly SU00 SOON XB-_.UaCl- County,Florida shtl hdd a UTptlNG/N. .LLfIY WEB ID 661111 Nor uasana0y tar a-NMded, Da new. (Q Q �'' op bBc Madrip at"NICD par- Th!Board 01 Superrisws 01 SERVICES FOR SUNRISE MORIN NV)CHVISON-AND ppeaer Q) 4 A iiterest aM dUzens the Waterstwre COmmuNty cy Slaoo.�ek($OU52T-1573 3""(TT27fiW-8116. 'a Q d s1 aO Mn m oCCportuNtY DeWopment Olsulct WII M&a:AE Deck q efDea[hw SZl9 week tuartautosak,.um Yea e C M MN4 b tM twenty hde tM"V rKkarry shed- N AM NMEeu MO detaDed No lease: ahwse CDndOS Urt}umi5hed' Form.CAa1R-1942.1 On. Z W G Cowvisilon CMmMrs of ukd Dublk mttDr�ggss lPr Fin sDKIK Upns avallaDle upon v�alm,s AM AC.pwrwbWowbbcks Ne County Adminisvatbn 1WNWEMNrV,1d10a,m.,at reD vOff fthe CJM�I1)2-3113879 SiW[I-2BR 2BA.VISN did 519)5OLA(77.6)2-1101. BuBdbp located at 18012)N 2160 NW Reserve Perk Trace, Director of AdmirLiiesVaOve W EB M 6])008 lope 55+IR lbw ark IBR Street Vw Bea N.ibr" Port SL luck.panda Ay,f Servke;diy CaR 100 N. S[+een DJh 590tH,°FIrsV cyl.d n WE P ale}A 1 TueseaY.SmumMf lL 3223 on IMA tTntDiday of US 1,Fort%er pw7da- BE. IIM2.WIMc°Itapa la3t/Se4 NO DJs.Npbv[ki [yl,dean 604 m1,[ON q/L .. 2015 At 9:00 am t°uluM• eW month u IoOosys: COpks 01 Ne dowmmt3 v! Ls b WIFl nidudetl.5250/ NOOsmokJnp(])3)1863159 55904(I72))t}7F5I DtR adopd_Oltw DDr9p9sed aB .IKtrONWy from M,No Lease:PeGuv WEB Ip 6x1965 OrtlNaKes:enbVed 0obbergL2015 VOL1pWAGEN EOS 2009, November Oi 3015 Ne Procurement Depart ISlavdHwCyetlk9ts 1ft1N US STUANT l/I/1 Wenite Mtcn• Mami l9k Pedect O Ord nu] Oeumber Ol.1015 EWndeskq$dut t° rT1-1ZSie-3biaO2 ca0le rv.wasnerberyer. Lypffl]A321-1666 AN ORDINANCE OF INDIAN 1amMry 07,2016 r,thenen M[lol OertuM- WEB ID 6TT0E1 eWwaSiMr,stOv4 rchi0eL- C RIVER COUNTY- FLORIDA, February 01.2016 mr MISS CONCERNING AMENDMENTS YarN 03.Mlfi SIN{Om(wwwkemandstar. VENO BEACH 1 ff8A5TW1 Relertiiu re0wred pl9)]SY $pOIS and lrtipwts O TO ITS LAND DEVELOPMENT April D,2016 nU aM N!Cky ill fort 1BN 8380.ap Ld uD skirt BMI M(m1N1-1016 YC N REGULATIONS(WAS}PRO. MaYO$•2%6 PNrte Pu -9 web Mte S 85Mkm 52&Y68 EB IO fi)8509 .GUAR FTTR III{CONY VB (www.tlttyyooHortpieresom7. VIDIHG FOR AMENDMENTS Nna DL 1016 Thl G'VO(Fort Plerte mmw- VENO BGCN-IBR.Matlttl VFRO BEACH 2BR,308. lOK mi.l Own G"eRl4 O TO CHAPTER 901.DEFWI- July 07.2016 as MLMw//WW Bus4 ERD BEAWNb ISR. Mry U,deo W/0.NO yu AB it-11/1 Y V nONi CAPTER 911 ZW- August 01.1016 FnLryrtse parUtlpa- Limdry rw $S25/m UL NOIYsrrokln0.5900hn F/L/5 hpfl1S21SN1R f65K ING,AND CHAPTER 912.SIN. Smtembe 01,2016 Uol LR 16Noon,$E3&80]3' SSOapO lee.(7]1721}7331 W®ID 66811, • GLE-FAMILY DEVELOPME . WEB ID fi691]5 O BY AMENDING SECTION Thee My Mxtazions when656936 C11YOFFOUPIERCE WEB ID pSSAgoNOSIMTRA-2003 GXEI I 901.03.ESTABLISHING THE Supavison an" -a-Carte,MPA Y[NO EE.CH-IBR MOderl DupOC LyMultplx UOFYm: (�j1)R8-05pk 1213¢2 51 V Q OO"N'TON FOR-VACAnOn par,kiOaL q ttlKhorle.At Porc1Ys'vi9 Managqer 2nd Noor with DJtary RENTAL•; BY AMENDING Na above locatbn Oiee wM pub.August Z4 Septembe 1, Luntlry mom.$53Lm ih FORT%]RCE•1/1 550,2/1 VOlIC9WAGEN BUG 2001. O •L GENERAL PROVISIONS SEG M DRsen[a Speaker tek- 1p�S {11116tH SL(m)53&e0I] 5600 mo,ds0815-)173 Sipe,Orth ownv.52.500 DM O O U HON 911.15(1).PAgKING OR M"w so Wtam Ntverted TCN 658995 WEED 651116 tratl4pO5M0163095t > Q U co STORAGE OF VEHICIFS:ANp pe ILrk the meet NORM SMAgT BY AMENDING SINGLE-FAM- Ing,LINT above loutbn and ,AFFORDABLE -t} Q ICY DEVELOPMENT SECTION Dbee fully lhf.,ed 01 Ne els- Apartments-Unfuimt IBR,IBA.$IMO 4 $pori Ulllity Vehl<lei 9121)(2)-PARDNG ORCTOR- ions Ala glaze either G7Y OF FORT%]RCE Ind water,trash,elect. yip PoR%[qCE fT00Ana ltr Q AGE OF VEMGFS: ONTO, Gerson°r q trlePMne FORTMERCE RORIM (,2){86-1533 FORD ESeA 2102 alt ldr- PROVIDING MR REPEAL OF commmdcaUol ibq tu0y renwa e4 sen ,4 AG w b IDck CONVICTING PROVISIONS: Thane meetings are Open L ITE UFST FOR PROPOSALS kiNM minpI.du a ppwwrr CODIFICATION;SEVER,UMU. the pudk and maybe c Q NM.15.OSJ her b Mn,ryIntlutled $_SMHI/VdffitiMNalLls CO,31675(T72)612`4M TY;AHDEFFECTIVEDATE Wneel ED atone.date and modem UtNen TT2-9{13151 Dkce fg n. YES: Sealed p pools M11 be WEB ID 612609 FORT PIERCE IBRR. yTralltR-�' QnItnenta 3 y attcntl Ne Beall,°q recehe0 q N<Clty Of Fart OIkO'Gated ark Oyy�ed' _ AN ORDINANCE OF INDIAN tdeDMne az lon0 a5 th Fort piece,panda• FORE PIERCE Shows Fike a mOdef.Intl Ot �Y YXII UOGp TRAIIFY RIVER COUNTY. FlOR10A, b a Owmm present az Ne in Me offs.Of the Direct- IBR/IBA 10P/2.SBA .-M"' yiJ utl o9d shape ZERO DEPOSIT uUN/_(TTO'7t.19ss vtrygg TO ITS I-ANG AMFNOMFNTS Wil Plaz0.Am De3011 of AtlmWstraUve services, cortvVlOa anal WEB ID 668811 S32M ebb Coq Tl2-SFIiMt TO ITS AND pEVELOPMENT wlShLip m recdv!a Copy,of unto p WEB ID 612107 REGULATIONS(WRST,PRO. ,ne minutes of the meebnqq w 1).66.1505 «v.cnFJl•large wul sta. C7 WDIHG FOR A,IENDMFMS Y<onmm WN Hou aA I-PM,WWNESDAV, EB1D W9616 wazerhupnML al�am pn home w/ Q TO CHAPTER MI,DEFMT. 151)]31-8681. SEPTEMBER 142015 NORM SMAgT tlKk FpN [,ante- ,ONS,GAPTEP 91L ZON- Eatli person Wa decNes m fw kmWiim:. AFFONW6lE DodNtd/sate ite Inc.. 1 j (V ING.AND CHAPTEN 912 SIN- appeal arty Ktbn Akan al KAYAK AND PADDLLEE 180.l0A 5190/"4 oo ro peU/sen°Wiigg, CHEVROLET YENTURF•1996 M SY•AMFNOM.GSECAiSa wie peee4 p neM Ld RENTp ECRM Ind water,Iran,elKt S90Wn BOSI dak avai, br,am0.AC,]paf3lrmU r 901.0]ESTaBUSHING THE rd Of ME prOceedingS -NAfTI1NflbW1 $I-lb,flmel(IT2)TIY16.N $19T5(7r2)6)2•Lap1 CIAI"ON FOR'COMMER• and that a cMOM;ly.the W womlance with detailed STIM FF-2BR,2BA.Reddly CNEV _VENTURE 3002 O �( dLL EVENT AT RESIDENCE•' pars-may need D eris"e An ,fkaNmsevailabll open ren-ted.Near d,-town. O Ven LS.xva dean,new _ BY AMENMNGGENERALPNO• loaf a vebatbn reurd at ,Boas[M IM OHke M Ne BAIMR, Ind Oow. New IIBTNp9rTatldll Weil dtW AG areq PW 8 WStONS SECTION 911.15(8) lht DrOceeJngs U dt DLKt"M AdmiNMnWt UtdNl No pets Nomsmok _t - 3rtl LRuro like a Q CREATNG ME PNOHIBmON Adutlhq tlw tesUmOny and Services.CHty CoQ 300 N. 44qq f875/rno[ik]bit,lot _-, _ sr 51884 ITFINUN M 6 OF COMMERCIAL EVE NTS AT eHdence upon wd,kn suN US,1.fort Wer pon0a. b$ udt.(Tl1)9H-fi918 Q U Q ING ------ ENC AND BY AN END- appealbLMbase4 Copksaflne tloamenL are WEB ID 651388 AutOmob le$}OrSale. ' WG MN FAMILY DEVEL- vaBade tlKtmN[ally from 1R YFKU M.7 ItSAGEO bl.4d, (Q Z r Z N3MEM SECTION 912,19. DN Nan, Ne procurement Depart• Y[K tEAdUt�RLL"Aaur4 AC,pwr wdv b locks. MAD"E" AND PUBLIC Manag9ee t q e-mail reDMM tD Idk to O[e Lp 1bAM ]S CAFES UNDER CIT,fl9]5(7127673-M NUISANCE AND NOISE BY Pob:SepLmbe42015 bddesk®citYltplerte<om (ani,new apOL TR path 52995.SW-Tru ks Open •• MATIN THE PROHIBITION TCN 6115{} ren Neweb Mm.fDemand- qaz b rd.5800+uUls, i0ndayl(772)600-8436 . OF COMYFRICALEVENTSAT SWram(ww^wkemandstar. 772'321.7213 WFB ID 616151 tuartautosJegcom (7a_SSIC' Cars 1 RESIDENCE BY PROVIDING ST LULIE COUNTY NOnCEOF )ark N!City Of fort 1- WIN City; - stent.IMTEGY.•1998,I.S. .D FOR REPEAL OF COXWCI- P.LMEIEBUC EETINGCOUNTY PNrce Purth&MN web Site 1 •NO he Mwe N• 2 dr,auto,AL in wdw d GISEVROIET•STEPSDE ING PRSE NS:CODIFICA. (www.uryryoofIatMere.I TDwnMme CommuNW W[k553175 pI1I673-1101 IN 1966 V. Raennbl; HON:SERVERANUTY:AND HDtlu 4 M 9km that ae Gry al Fort Plertemwr- ,38edr°°rik POd In Eve Can45eafoam wn d FFFEC7IVEDATE th!SL lixk Emn VJue les MundIY(SYDmm BUST. Cm, WrCR PANE AVENUE HIM. whL T)2-812`619 w RI- CO Aprtposetl ordmarce. OmF Adltutment Board wig cam- Eess Entvprue parUdOa- V Nl9a m`66-0091 datedi pTZ7T941)l4 D6IB6I9S5 1T5-ITSt:Wo M6)1781 CO Z 1,If adopte4 WII m Marin9s Sep- °l , WeaNerbee BYC BYYY-1989.5-15,V6 1 CL tabBSif i defWtbn f I Itmber I7.2015 beJwJng dry Of FONT PIERCE TDwMomanet CADIMAC CIS-101216E V6 _ C O >S 1•am,fOn rentor aM astab- 8:10aN6 WlM Gelenda Carte,MPA -WEBIB 619655_x, Pertonvnc!Cwpe.P!4 good COndtlMl, tkepL C Ilse mkle parMlg an0 COOhrenu Room 0316 SL purchaiM9 Manager I--�---�-^„ Eec wn4 n.o00 mL su,99i Blazk 52500.(PZJHI33127 Wde Countryy AdmWstntWn OTD5fi2-7211. W®1061935! yya„upube - annu BuadWp.U00 Poo:AugiNt 1$Se0lanba t. Homes UnfuMshed ` [t tM A vauline rtnMls. N.lanae,FL Piefcq 2015 CAMLLAC OEVILLE- 1991. UMCOIN TOWN CAR 1986. Z O Ordinance 2 d adapted.Wp da N983 t"tM Du pO e,of TCN 659037 FORE FIERCE-{bN1ba ic0. 10 ant Seen LDadM 5 p M we Se ]O mr.E O O es abluh tle nta,n IDr IderLip iw Ne foOowup UP da'ad pertY.arivate Leap int OdgWal owner. ik 32,104 TR-]98-8.351 SL (n N O •coivme W event at res] types of peUtWi,. 2200s/, c New Ures/bnkes.IOOk mE WEB ID 666117 Q `^ 0 deem'.MM e,mblhn A wp to 195.sveeSiMin partli. $LSQ.C7TV-,82%IR v' ,J hlhb°n on Me leuin9 Gmt- NOmKUad lrtmptim -7 }loud yar4 SISOOmO 31.5, InObul7 Of a single lamiy -Real FSLfe CAM'11f STS-1:p11pael4 rWdenuualoutknfwa Homestead e3empUon lw i$yg-- l® (x0951-)15.040 tom wheel rte cleans `ehldPS Wdmed, erdJ event suds u a °!Rohs BS years en°leer I L.7 web m 617x50 m NaOse rrvrn start. J weeeWg wr""t ane At a P"tabww-Ptiom a FOgr,[RCE'-sx61 De mA z199(m>sop-813 AAA AUTO ANALYSIS aqNNW,eiemptmns uarGutOSJescom provide certain eicepbOn,. Wleowi ci<InDMn Md/ib Imced,nW AB We10uy Can ks A tlrJt D1 taN yY posetl plsabtiry eianpbm ,HOmeS,For$le_ ✓ rt.$fl50h By an [ CMEYROIFr CAPRICE Wagw4 orduiance is avallEble at - JOSr96:ro ID UN' •91.apt0.1[nlr.AL mn wdw/ •r^otO0rr��WW�� EM.1981 ME PIarWn9 DIHSWn Nika (11 Total aik perpunently PAW YCrtYGatetl. bckz S1675(m)673-uW m•161F910T ttlyydevdopmethe Mslmoin (!)EO%"mart ab.bmtyby iTILnBFZUac9n0e 0958 Npk P1100smI N"Ifl-habil CxEveOlETx -3W6 AtR0. AAWRA TO VOLVOS thefentnmr fthe Coun• veter°0 $166900 D,InWles°thy 145- backyae.Cmered-edDid ALStra deal Bent TOP$DOLLAR CASH ty Aeminbintim COm01u BWdperson ezemptim SB68H5 WEB ID 61W19 Eop,.Cats okaY•Non-smoker. itrac ems great 3199] B 1Anq•A• MyM!w7p TOLL ab permanen[dhaded Smbntesfrom F95.S.MUm LaMrOaY SDeda1 �R YOUR VE..IE may bh t0 a0plal ar%d!d- vNeran esemPUm D=Kdn pdNt +deWEBID66347)fenceroR Sr WCIE-lye large CHEYo,A'-eLNdeapool'Lsfen[ dr. ui0.A/C,PW dditps b. Sw Io $1475(n2761E-IIROkYDuempOn ,N.S2N.900(TTt1166- p de,whkli Includes fes- p0638-WEB 106196{2 FM.26r6781D 651345 tBgr�ve SEHRMO CONK'OL the.,and evidence u •Y' L,/Ar� w'Iddi lM aPpeJ b DaSM n C"neteY venmUon -1.1 ST.WGF V"'Doy Q=75 TD,am4 A/L ka I"f- Y/ Pkue Olrew p1anNID-rdai- VarSoriWau�apnyl tbn PTreNTdluais x1�z,3/1W a: Home wq/f 9y ren,oven 2100 badcd 75ITT2MrauM. -- �� eLevtlop,aloof fLecU Ln it uE NoreprOf IMme mr Nl ogle denn,,mem Dpq des,Heated ors all applSLdl YarcEM'a DOIIGE SR.LM-1991.AIN4 rSyMOt yoD4ONy 1 Y 014 Must See 716 SE Uw00E ane deM.utl pwi. MANATEE POCKET DOU SYP 0 123E Etluuimal tumpUm H I Gatto comm/Jbhse °°°^ Awesametabw Day Spedal ANYONE WNO NEEDS ASPS- Uterary eiemDtkm 3399.1.(Tli)113.3311 .ve.SI59 mo m-3709910 S294i Mus 80ive gaNe 2V`R.Witt/d dAL ACCOMMODATION FOR FL,emal OrpaNraUm enemy W EB ID 650918 roRr Si.WILE.1/3/2,newly (7`1)600-8116 CHK•PST hD,ne.S2D0 min+M v� N THIS MEETING MUST CON. n ��IDOug 561130&3188 on TACT THE COUNTY'S ANTER- BSLANT WdE WEST 1/98 a ov,M, lite tilt ituarLmOsJeSsom 61 Benevolent OrganlzadOn floorctlappls.smWpwdS TUNS WITH MSNATORES aeqq pate4 dub Muse w/ ACT(AOA)COOROINATOR AT Cmptkm P°OL New pain.YO.New We EZ End A 191 ND pp0� ,y SFANUNT 8AY 60AT 1!'09. Ry 326.12UAT LEAST1 RS SdmOf Klmpt7on bumet Law H00.3119100 idr9 fIIBB/m°FLS ISOhp YamaM trokS 1011 V IN AD OF ME MEF.- Labw Organlutbn eaemwlDn ,'1111-9381 WE910 61-83] - '^ ;Jam VL,Es COnd SIl9W O CDmmurvtYCmty vemptlon '�J163':i3g iD 668711 r M6 --• - OBO p)373{I-!1500661025 f nt eiemptim 61UART LlrtmOdded.new $[lASnAN -2hdRba/IcO. INDIAN RIVER CWNTV Hbt"Bl eamptlm AC,MtNe dMth,cWea 19 suemN pOrth,tl Ule. FOND Y16TSne -3011.CJ- v L BOARD OF COUNTY � pleble PenOrW R'opertY 10 mJlBSMppm9 599.900 Avtl.now.Ea aM.f850/ Ifomk SpKMI: {ling CO11M155IONEAS pr2)a1-.,610 fii5]35 pR4lastb seaM[y.758 525501 Best Oflen lriunat- • BY:Wnlry S.DaW.Cha'vman Voctle Cao]i1-91} trate!9.000 mge5.faB m- _ Pob:Smtember 12015 Ya[[ers aHKrWvpgMyoyur p[r 0619 WFB 10615689 20}5210 WFBD658185 em BUSMES$IS a TLV 671)60 sma�1 aM°tl ecn4 'Mdf�Y('CiYred Homes- STUART-WBIDU6N8Y HONDA ACCOgn-2006 EX-1. BOOMING a y D<bear d ted 4r W W Mmacvlate. OnY. 21 eMP I. 52500. CONSIGNMENTS NEEDED °Dol M6itejen FORT%EKE TANGLElY00D Wted 3/LI WdeNOHke• CSe))86.1I. BUYMCWSIGN (,r NOT" OF PROMSED ii.An 1D n[tvk aM M FAIBLY P.RK Over 4 5[aild piU4 cOnvtltlml dea[®rN[s[ape.cOm NotOrixed/TOwaMeS HEARING ES AND FUBUC heard.Am puVI WN a Homes L NOOtt from to JI.No 5m0Y��iqO//pel3.FLS INTFASTAIE NV HEARING 'it I's'UP ren n9 accom- New d Used;Lease[D fI5Po pT2)SItre993 HONDA Cl-HYBND-1005 (772)489-3099 maWMnS t0 attend a Own AvaEatle - ppww z[ttdngB Wlkaw,.new NOTICE N hang 9ken as re of tMse Mar ap Lao Gene:m-8810131 YFK BEACH•1bd/lba,yyo0d flu p L t5 mpg+; $ { ° �P rtpulrtd gt1nes an the JW4d uniactIM SL lWe d,4816 IID Are.0 t 5{000 p12/91}2TOJ MOtO(GyUeS/MOpMS �LQ t CL fbri0d Statutes Nat lM County COmmUNtY Services PoRT ST lVC1E 55+SPANISH Jr/nlII4 larq lenttd-In (ryUNDAI SONATA-2009.4 dr, IOUowinO Ortluunces III OUKLr at(n2)462-1m. lAKE51 M Sadie,Costen yar4 Sm gel OK a0 dppH HONDA YLVERWING 6x0 M protlueed NwrtW9W AwriWq N2100 YvpW design Ei 103/1?Il Gwda m4 even w/O,ffi00mD+ CCm4539]5 m2)67iWM•WL 2004.15b wi9LlJ Mies, ebmd at A mKWm of Ne b Avewe.Fl(Mnce Depart- Wry.pdty unewe4 a➢eDAA, $euylly;f�B 561-586-zee pa,lupy brand w/ABS W Q)C°mmbiwno/tTe Gry L FL Wercq porida priva[y/unJ 3 sides. WF8106rH8S NSVNDAl50NATA-2009. brakes SR00 f>73)219.71a0 �• I SIYart.at G[y HJL 121 SW 31982 13 you am hearing" ONy fU.900 m-fiT0.2819 &a[k 10045 a d rvns lS2 WEB 1/675990 S,y : IS anSmtem vdce imWrtd.P.A,IcaB wEHID6SBalt V[R06E.Md WUY-]195 loaded.% dean. (_Pl3 ba Il.ID15 at 5:10 yen A TOP (712) 61-1{28 et IeaY W&q°Midd Way.3B0. "S"dwl Will poen[! hA u Laid OrtluYnce. farty-elght 1187 Mors pd" �T� In Gatti CammumlY.Ail (172)6 FMEE Fetreational7aller5• J rj UUed hertafter. Y be I.Me mtttln9. MOWeMOmeS/LotS 1 IN .r LNNtl- stuartautasalu.cOm _ w \ Irtipectetl al iM Offce at IlanY person dedde3lpappeal td.Hope Kiidim w/greMe. e INI /9/�1 Ne GtY dak durn0 raeg9au my tle[iimn tle WA faOmtiyy%FRCS Y3 D/w A/C NO CarplL Sweerwe 4na4 NEEP CHEROKEE-199. RV LOT M dateuls°Lxsrw AO INtere t- resOeCerN aanYt the eaW9 f OtfiettrMmettstl.10- Cwl iirwNtYnPOL�OL NSLkYlaarst. Krc4eM tD 901iNNO se UT15l1TIE5n35r wBN� etl parties may ettentl saW of hearirps Of�boards Im..Call J.hn,finan0q aik SKvriw Sl500 mom, from slar4�tq st s1350 g'&" V tln9 aM M Mvtl Ommittee. IsdOn, ava0able.(TA882N3] Call(>7I)l31`Oli (nD601811b. 05.33 sok umminLLiM oflke a0ercy.cmrKE.w add- WEB ID ERUCT WEBID6426W StiNrtaut05afebtan WEB ID ( •L I�IEU U- d�3•C � . I� �gIVER , z Office 0,f Pub&Heari»g 0912212015 !� y INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney . William K.DeBraal,Deputy County Attorney i Kate Pingolt Cotner,Assistant County Attornev I MEMORANDUM TO: Board of County Commissioners THROUGH: Stan Boling, Community Development Director I FROM: William K. DeBraal, Deputy County Attorney DATE: September 14, 2015 v" SUBJECT: Commercial Event Ordinance Background. At its meeting of May 5, 2015, the Board of County Commissioners discussed the issue of short term vacation rentals. Several members of the public addressed the Board with various concerns including the increased popularity of holding event type gatherings at � short term vacation rental houses and single family residences. Some advertisements for short term vacation rentals boast that the location is capable of hosting events such as weddings, anniversaries, family reunions and other similar large events. The advertisements often offer weekend rates for the event. This past spring, code enforcement and law enforcement were made aware of event type gatherings in Indian River County. A north beach vacation rental offered for events was the site of a large wedding, featuring a tent, dance floor, a bar, live music and catered food. Cars lined both sides of the single family subdivision's narrow streets and neighbors had to contend with traffic, litter, noise and the rest of the problems associated with a large gathering. Concern was also expressed about the ability for emergency vehicles to access neighboring properties due to traffic concerns. Similarly, a south beach vacation rental advertises events can be held on their property, even though the lot is only 60 feet wide. At an event held at this location earlier this year, cars were parked on both sides of State Highway A-1-A in the right-of-way, creating pedestrian and traffic hazards. Code Chanaes. Currently, there are no land use regulations that directly address the issue of commercial sized events held at single family houses. In response to the concerns raised at the May 5th Board meeting, staff was directed to draft an ordinance that would prohibit single family houses from being rented out as event sites. A draft of the proposed ordinance is included with this memorandum. As this ordinance amends the County's land development chapter, two public hearings are required; one hearing before the Planning and Zoning Commission and one hearing before the Board of County Commissipn„e5s-fed Dat* ROVED FOR U.C.V. ME-TIN1f, - _• d -- ' /nJ �..nab I CC)Ui�JTY /�TTQRNEY =(�c 214 j + disk Mgr � :i i Memo to Board of County Commissioners Commercial Event Ordinance September 14, 2015 2 1 P a g e i The ordinance amends Chapter 901 (definitions) of the code and provides for a definition of a Commercial Event at Residence. The proposed ordinance also amends Chapter 911 (zoning) and Chapter 912 (single family development) by prohibiting an owner from leasing a single family home for a commercial event or advertising the property as a location for an event. The ordinance contemplates leasing the property for a sum of money as an element of violations. The proposed ordinance does not prohibit gatherings such as weddings or birthday parties held at the owner's residence or at a friend or family member's residence so long as there is not an exchange of consideration. I Enforcement. First, the proposed ordinance makes advertising a single family residence as a commercial event location prima facie evidence of violations of the code. Thus, an advertisement coupled with some other evidence such as a tent, music, drinking, etc. would shift the burden of proof to the owner to show the event was legal and conformed to code. Second, those enforcing the proposed ordinance, whether it be code enforcement or law f enforcement, should be able to use the facts and circumstances of the situation in order to distinguish between a prohibited commercial event at residence and a permitted gathering held at an owner's residence with the owner present. Investigators can search websites or other media in an effort to seek out commercial event locations. Investigators acting on a complaint can verify through an advertisement that the complained about location is being offered as a commercial event location. Third, the ordinance provides that if the owner of the property is not present when the event is taking place, it is a rebuttable presumption that a violation of the ordinance has occurred, shifting the burden to the owner to overcome the presumption that the owner is not present at the time of the event. This ordinance makes it illegal to conduct a commercial event at a single family residence when the owner is not j present. Enforcement officials can rely on the Property Appraiser's information to help determine ownership of the property. Lastly, enforcers can also use knowledge of frequent events held at the same house and a history of complaints from neighbors. i Planning and Zoning Commission. On August 13, 2015 the first public hearing on the proposed ordinance was held before the Planning and Zoning Commission. At the public hearing, the Commission heard from a concerned couple who have held event type gatherings at a large agriculturally zoned parcel of property that featured a large tent, live music and many of the other event characteristics but because of the size of the parcel, all parking, noise, litter and other inconveniences were contained on site. After considering this input from the hearing and receipt of subsequent letters and phone calls from other persons involved in events at larger agriculturally zoned parcels, staff added a provision to the ordinance that would allow event type gatherings on larger agriculturally zoned parcels provided the applicant obtain a temporary use permit from the Community Development Department. By requiring a temporary use permit, (TUP) staff can determine whether a proposed event will comply with the review standards contained in IRC Code §972.06, such as traffic, parking, emergency services access, noise, adequate restroom facilities and duration. Staff submits that event type gatherings can be appropriately managed on larger agriculturally zoned parcels governed by the existing standards for temporary uses found in existing code. The provision allowing events on large agricultural properties is found on page 2 of the ordinance as §911.15(8)(b) and §912.18(3)(a). 215; i Memo to Board of County Commissioners Commercial Event Ordinance September 14, 2015 3 1 Page Current Contracts. The Planning and Zoning Commission and staff heard from concerned event planners about events that are currently booked for the upcoming season. If the proposed ordinance is approved at the September 22nd meeting, it would take effect upon filing with the Secretary of State, unless the ordinance specifies a later date. Staff did not intend for the proposed ordinance to impair any existing contracts for event type gatherings or cause the cancelation of weddings or other celebrations already "booked". Thus, staff decided to add a provision allowing contracted events scheduled to occur within one year of the effective date of the ordinance (September 30, 2016). This provision is found on pages 2 and 3 of the ordinance as §911.15(8)(c) and §912.18(3)(b). Funding. Costs of codification of $98.00 and advertising in the amount of $230.00 are budgeted and available from General Fund/County Attorney/Other Professional Services- Acct # 00110214- 033190 Recommendations. Staff recommends that the Board of County Commissioners: • Discuss the proposed ordinance • Consider a provision permitting events to be held at larger agriculturally zoned parcels with an approved temporary use permit • Consider a provision allowing events that are already scheduled (contracted) to occur within one year of the effective date of this ordinance (September 30, 2016) • Conduct the public hearing • Take testimony from interested parties and • Approve the proposed ordinance with or without modification Attachments: Minutes of Planning and Zoning Meeting of August 13, 2015 Proposed Ordinance 216 ! I C#aiu we're talking about what amounts to a commercial activity in a resid lal neighborhood. Normally zoning would take care of this but the situatio Is that the State has put us in the position of having to deal with the proble . He stated that he would vote against the Ordinance because he feels th It should only apply during periods of rental. Mr. Stewart pointed out that perhaps there sh d be a Sunset Clause in the ordinance so that if a residence does not r for a certain period of time, there should be a way to stop it from being cl Ified as a rental. Mr. Boling discussed the possib' ' y of setting up "seasonal" licenses. ON MOTION BY r. Emmons, SECONDED BY Dr. Day, the bers voted (5-1) with Chairman Polackwi dissenting, to approve Ordinance 1 as prese ed with striking out the excess parking e ption allowance in the staff's recommendation Fd of Geunty Gem S. Chairman Polackwich read the following into the record: C. Consideration of Proposed Prohibition of Commercial Events at Single- Family Residences ("Ordinance 2") [Legislative] Mr. DeBraal explained the logic of the Ordinance 2 that would prohibit a single-family residence being rented out as a site for a commercial event. It would not affect activities such as private parties by the homeowner. Moreover, temporary use permits could be applied for on a case by case basis, especially on large (agricultural) parcels. Dr. Mlles Conway urged the board to pass this Ordinance, not only because it's good for the neighborhood, but also for the environment, due to the sea turtles on the beach where many weddings are held. Nat Mortese voiced concern about events being held on large acreages and Mr. DeBraal responded that he could apply for temporary use permits as needed. Mr. Mortese argued that by limiting activities at venues such as these acreages, the county loses revenue in the form of tourist taxes and jobs. PZC/Unapproved 7 August 13, 2015 F-\BCC\All Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-08-13-15 doc 217 ON MOTION BY Mr. Emmons, SECONDED BY Dr. Day, the members voted unanimously (6-0) to i extend the self-imposed adjournment deadline to ; 11:15. ON MOTION BY Dr. Day, SECONDED BY Mr. Rednour, the members voted unanimously (6-0) to approve Ordinance 2 as written. i ere were none. Planning ers There were ne. Attorney's Matters There were none. Adiournment There being no further business, the eeting adjourned at 11 :03 p.m i Chairman Alan Polackwich Date visa-foarlse�, Resefd+;g geeF twy —Date PZC/Unapproved 8 August 13, 2015 F:\BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-08-13-15 doc 218 i ORDINANCE NO. 2015- AN ORDINANCE OF ;THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE SECTION 901.03 DEFINING COMMERCIAL EVENT AT RESIDENCE AND SECTIONS 911.15 AND 912.18 PROHIBITING COMMERCIAL EVENTS AT RESIDENCE, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has become increasingly popular to hold weddings, family reunions and other celebrations at single family homes that are rented out specifically for the event or the occasion; and i WHEREAS, owners or the owner's agents of the homes advertise that the residential property iscapable of accommodating a commercial type event, complete with dancing and catered food for a large gathering of people; and WHEREAS, single family homes and neighborhoods are not designed to handle the traffic, noise, litter and parking problems associated with large commercial events; and WHEREAS, surrounding homes and neighborhoods adjacent to a house leased out for these types of events must deal with frequent loud parties and receptions making them more like neighbors to a country club or a reception hall complete with live or recorded music, tents, outdoor dining and valet parking services; and i WHEREAS, owners of the event homes are not in attendance and are seeking out extra income at the expense of their fellow neighbors; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. AMENDMENT. Section 901.03 - Definitions in alphabetical order: Commercial amusement, unenclosed no change. Commercial event at residence a gathering of people for a celebration that may include but not be limited to a: birthday, anniversary, wedding reunion or sporting event characterized by music (live or recorded) dancing catered food tents outdoor tables alcohol or use of shuttles or valet for guests 1. Held or occurring at single family residence 2. Leased by the owner or the owner's agent for consideration in exchange for holding the event at the residence Coding: Words underscored are additions to text; words in sb iket#reuo format are deletions to text. 1 219 ORDINANCE NO. 2015- ; i I Commercial fishery no change. Section 911.15. General Provisions i (8) — Prohibition of commercial event at residence (a) As defined in 001.03. it shall be a violation of this code for any owner to lease a single family residence as a location for a commercial event at residence to be held. It shall be prima facie evidence of a violation of this code for an owner to advertise or hold out the property to be used as a location for a commercial event at residence. (b) A commercial event at residence held at a site that is: 1. Four acres or greater in area and 2. at a site that is zoned agricultural or 3. at a site used for agricultural purposes must first apply for and receive a Temporary Use Permit as prescribed by IRC Code Chapter 972 prior to conducting the commercial event at residence. i • I (c) If the owner of the property is not on the premises at the time of a commercial event at residence it shall be a rebuttable Presumption of a violation of this section. (d) Notwithstanding the prohibitions contained in paragraph (a) above should this ordinance impair an existing contract for a commercial event at residence that is scheduled to be performed prior to September 30 2016 holding the commercial event at residence shall not be a violation of this code. i Section 912.18. - Maintenance and public nuisance and noise. i (1) Nuisances. No change. (2) Noise control No change. i (3) Commercial event at residence As defined in &901 03 it shall be a violation of this code for any owner to lease a single family residence as a location for a commercial event at residence to be held It shall be prima facie evidence of a violation-of this code for an owner or owner's agent to advertise or hold out the property to be used as a location for a commercial event at residence. (a) A commercial event at residence held at a site that is: Coding: Words underscored are additions to text; words in stFikethFaugh format are deletions to text. 2 220,: ORDINANCE NO. 2015- 1. four acres or greater in area and 2. at a site that is zoned agricultural or 3. at a site used for agricultural purposes must first apply for and receive a Temporary Use Permit as Prescribed by IRC Code Chapter 972 prior to conducting the commercial event at residence (b) If the owner of the Property is not on the premises at the time of a commercial event at residence it shall be a rebuttable presumption of a violation of this section i (c) Notwithstanding the prohibition contained in paragraph (3) above should this ordinance impair an existing contract for a commercial event at residence that is scheduled to be performed prior to it September 30 2016 holding the commercial event at residence shall not be a violation of this code. SECTION 2. CODIFICATION. I It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Code of Indian River County ' and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this ordinance may be renumbered or relettered to i accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be. codified. i SECTION 3. SEVERABILITY. i If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. i SECTION 4. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Indian River Press Journal on the gtth day of sent., 2015, for a public hearing on the 22nd day of September, 2015, at which time it was moved for adoption by Commissioner , and seconded by Commissioner and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc Coding: Words underscored are additions to text; words in rtFik8thF9U format are deletions to text. 3 221 ORDINANCE NO. 2015- The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2015. a INDIAN RIVER COUNTY, FLORIDA, Attest: Jeffrey R. Smith, Clerk of by its Board of County Commissioners Court and Comptroller By By Deputy Clerk Wesley S. Davis, Chairman Approved as to form and legal sufficiency i William K. DeBraal Deputy County Attorney ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of , 2015. i i Coding: Words underscored are additions to text; words in stðF9Uqh format are deletions to text. 4 222 September 21, 2015 TO: INDIAN RIVER COUNTY COMMISSIONERS Gentlemen: Please be advised that there are many objections and complaints associated with the problem of Vacation Rentals on the Barrier Island. i' With the current lack of ordinances and restrictions, the vacation rental problem has mushroomed to make single family residential living very problematic. It is virtually destroying the way of life which we have enjoyed as single family property owners. Daily, weekly and monthly rentals have invaded our previously enjoyed single family neighborhoods. The county restriction of one single, related family occupants has never been enforced. Persons of unrelated status of 8, 10 or more occupants are found in the vacation rental homes. No enforcement exists. i Trash stays out in the road for several days waiting for the next pickup when the renters move out. They also leave trash, beer cans and cigarette butts on the beach and on the walkways to the beach. Some monitoring is needed to enforce landlords to obtain the State License for vacation rentals. Many do not report the tourist tax which is required for transient rentals. Section 4 of the proposed parking ordinance should be deleted. This is extremely ambiguous and will not produce the intended results. Who I �� is to police the 10 PM to 8 AM restriction? This puts an unnecessary burden on the adjoining single family residential property owner. A vacation rental property is a commercial/business enterprise and ' should not be relegated to single family status at the owner's whim. How can you condone a business for profit in a single family zoned residential area? It is classified as one or the other and commercial development should not be allowed adjacent to single family residences. I am appalled at the makeup of the advisory committee, which apparently consists of real estate professionals who have a monetary interest in the rental properties and other owners of vacation rental properties who stand to gain financially from the ordinance. I have been a Real Estate Broker in Indian River County for forty years and abhor the greediness associated with the commissions derived from vacation rentals. The well being of our unique community and of the residents thereof should be our prime consideration. Yours very truly, -Carol Lewis Buff um, 1965 Anglers Cove, Vero Beach, FL 32963 Tel: 772-231-0343 i � . A . 4. Misty Pursel From: Daniel Lamson <danlamson@gmail com> Sent: Tuesday, September 22, 2015 1:06 PM To: Peter D. O'Bryan, Bob Solari,Joseph E. Flescher; Wesley S. Davis;Tim Zorc Subject: IRNA Statement on Short Term Rentals for 9/22/15 Hi, Unfortunately, the IRNA statements below were which were to be read into the record today, could not be dine when you reconvene. Please review them if you are able. Thank you. Dan Lamson Executive Director, Indian River Neighborhood Association Indian River Neighborhood Association Statement on Transient Rentals September 22, 2015 Regarding the short term, transient rentals in single family neighborhoods-we have addressed this with you in the past. You have agreed this matter needs to be regulated and we thank you. Clearly you understand a commercial enterprise is a conflicting use in a single family residential neighborhood. And it is a start that you are considering regulating two of its problems- parking and events. Our preference would have been that you assure a rental facility is properly licensed by the state and that it complies with all health and safety regulations. That would have provided protections for everyone- the renter, the landlord, the surrounding neighborhood and any other vested source. a aa- i But you are addressing this matter by starting with two identified problems and perhaps creating an exception for a specific situation-exempting events that are under contract. If you adopt this exception there may be additional challenges- You have a calendar year to consider such contracts, • there's the fairness to other landlords who have contemplated such contracts, • what about the enforcement of these events? • how do you handle complaints? • how do you determine the legitimacy of the event ? • how do you get this regulatory information to the landlords and tenants? on and on... Should you create this exemption hopefully you will find a way through it that will not burden everyone involved. It's a problem- a temporary fix for a temporary problem. Regarding the parking and events at short term, transient rentals. Planning and Zoning heard from the people about their experiences and the disruptions to their lives. And they voted to accept staff s recommendation with one exception and that was to remove the provision for overflow parking. We believe parking is accommodated sufficiently for these short-term rentals-simply because the rental units are approved for specific numbers of parking spaces. i Certainly the owner of a property may use his lawn for his guests' parking but when the property is a commercial activity the nature of"overflow" parking is no longer compatible with the residential neighborhood. When we say "over-flow" we are saying the number of cars is beyond the established limit. If renters need to provide for larger numbers of cars they are free to rent a place where it is accommodated. Please consider and adopt the recommendation of your Planning and Zoning Commission. z We also encourage you to consider assuring compliance with all licensing requirements in the near future. Perhaps your study committee will make that recommendation. Thank You. f f aaa-3-3 3 Coast Newspapers TCPALM 'F-� rewe Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA— COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Cooyline PO tt 463755-INDIAN RIVER CO PLANNING DEPT 674780 Meeting:9/22/15.Parking&Event BCC Meeting 9/22/15 Pub Dates September 4,2015 Sw t an subscribed beforeme this ay of,September 03,2015,by who is Sherri Cipriani (X)personally known to me or ( )who has produced as identification. r Sandra Coldren Notary Public G '= yCOMMISSI0N FF EXPI 00 7 g 8 , r�cS.April 1,2017 7 "dTnn 1bfMyPublicundarwn„ `"�.•�- --__ iters i ) I 1 I i TRF SIIREm tixews>APEgs.Friday.September 6,2015«E7 Public Noli_cesl Public N_ptites -,� Public NoHcesi �LD��_ AweaRetprSale^I Homes Unfumistied_ AlitompbileSfw Sale i be fufy Warmed G Ne des- tpmtbned above pmu0.tMt perfOn w01 need Po4T R@CE 11 aGat 68q[ VERO BEACH VIE•3/2/2 XL IEUCRANDUIEROKEE•1996. wisioni taMny daze dib. a record of Ne prxeetlNgs Rte IO hOn(ape 2 entrap- neMy renovated.Sate a Good fpr Mutlent R�9rtat b Deno.w py MepMne ORDINANCE 231&205 aM,for such Wtpps4 mal e;1865 II la llEe Creek aulet mm. Split pM4 Need[TLG 0 1TOk I r•+ cwmmmkatb4 AN ORDINANCE Of THE eel N U¢un Nat a verba• Irwtafle Mab house Doet Niph 0itrysa55.IBe,MY, mL.S2.D00.(172)38&33111R Q •y Taw mttdn95 are Open to LI7Y OF MART.FLORIDA pm record of Ne proceed- Mule.AC work s`<q 1 cu W1e yu0.p tlq SII50/ma Ne Dubuc and may Mcolt- AMENDING CHAPTER 26, logs b made.wNN retool yy gg cal bate SISOK: (3057T61-T111 KIA B@HIA-2(l 1 tloor, 1 Nmed N a alta,date and ARTCIE II,UW ENFORCE- d,odtl hufutle Ne[estW wy WIT13J61-1115 Y@OBUCH-1 elwkto OceaN 20.AC.1 cy'L Cp d plan ttrtaW Swuvtson MtM.CODE COY.PUANCE aM evidence up0 wNN Ne W@ID fi50669 7n wArq poloy w,Fam rtva 3915 m3)6JN10 0 y Mtead Ne-tb, b% OF THE STUART CODE OF pp.lbN Mbased y telephone ulvng u iR ORDINANCE;PROWDING MR T11¢wtu dated lhb IN day IO4T ST. LUCIE LOT Iaultlry mtlryitcande[eh M@CURT GRAND A4RQVI5 (n W is awrrw pfesenI d the fANNCTS:PROVIDING FOR pf SeDhmbet ZGS Skk.woes must uD.5500 .1 repdNed 8 olrme GS,ro11dr,auto AC.P= Ibp pyt Avy Ralson SEV@ABu_. PRONGING d0w4 Owner Fbesce.NO 33150 a 21250 arNlud Rase. clocks 519]5 UTO6T3-IIW C wbhb0 to retthe a IPy FORLOGFlGTON:PROW0. SIrpW[[ed by. yLyrssldit Ge[ks.coag M. FIS.Gew9 ]RPU-18Za W of mkWes of Ne meet- ING AN EFFECTIVEDATE AND ].zeph ESmitk WE810 fi1]39 m-N3-96.E w@IO6S883--_ MyEE WSpe r,a 515D� ,� Ing may Contact the OiStdd FOR OTX@PURPOSES. perk Ofcv.4Court I (630123.3.5010 fi]9913 Mma0v at(95Oli1-868L Atry person tlecidin9 Napptd Value ApGuswent Board perk ---------^-- CO�ndO5�m1f1z¢d •I td. Eppel arOl K. decides; etleesat Cmomm¢F sionlat aNe Dubtic CN611S36m�1'1015 R2al_FState Wa(Itedt �t NUT[NINfOH 15lAND-Beau WTZUBISxIGLLAM 2001. 1 Nut meed.Cs b a0vbed hearing vrO need tD enswa UfWT I-2/;S1I95/m0 loaded,leahMs.allays,I- S a Y that w91 need Nat a verbatim remrtl 01 ___- JOHNNY FAST CASH A..wpy:SI8-668Wso mBea9e sunr00f.Itw L r d O(N!prOteldbgqff Ne DrOcaed,ja b made In _.-t SSSS WE BUY R AW SSSS W @ ID mpN a Labor Oay Special. ' T (a and tNt tlinfly,Na mP.c.ornate I' Amu- e�OueSt fOr Bidf J ClaRIM SIMR oNR A9M dell Putv�9H8(TTI)60FBa36 a. Nat a mmryry to en u e leans SIN Obabuld's VE'SUC -2 M 14.1S3f verbatim rtttrtl of fAtal am'.ne who naetlsa CLTYOFFORTPIERCE FORT Free appnbaL(56U35SIG6 Cobh Or.Fern Ibdnba N<or*,dN95.b maltt pecid azcommotlaUm lar %ERCE,FWRWA on IW.w/tlocrc pard.No NISSAN ALTYA-i0012to LnWdng Na tesnmary•end suds Un should conk« -7-- �. Dets fe]5/m0.ell noose Inmpaatled.ruI¢ 6 eddmte VpOn wNN Soto Ne fi'ttyyyy AOA coarGnitw REQUESTFORPROPOSALSTR399-.591 WEB 10 615116 hke new,cold G[tadbp a[ Q r coped b m M tech, K I6&SIOfi t least Ia hours N0.x015-050 -Real Ezllte i Sxt-(TF3MD�36. b advarce of Ne nweUn9. Re�tlalfl-- VE4O HFACH-Octtnhont ZR utmd V Rich Hans extlu&m SaNrEay and Sun- "led p ponds wit be sum Condo Wath waresMASOM ` N Maneyyv daY- tiveE py Ne qtY a(Fort 1-- bldg.Poo Undgrd pate. NT W AC.pwr win00O0.aw L b N Wh:fiaDbat 1,x915 SNAAT CfTY COMMISSION Pkrte,fort Pkme flandL Aparbn¢n45-FUmISh¢dj Ino\Y/DCo..Close no. 519]5 m2)fiT3.1101 DLR Q7 TCN 666121 Pun:septembv 1,x015 in the DfD<e pf the D've<tor ----.�-- I tAWC lose V.Sa500/m 1. 7 O NOTCE OF PUBLIC HEARING TCN 661]68 cbAtlmiNsVaWe SeMce, FORT PIERCE 2BR.living IM•Aw(8607133.6516 IONTIAO GRAND PDX-2001 d 1,110'.Fu0y fur- 2003 SE Rua$9000 A/C CD NOTCE IS HEREBY OVEN lest NOTCE OF MFFTING DATES: NSM,All hu.bcMEc, VEROIEACH•VISrAROTAIE- ILGreMMPOGood(i... Ne Board of County LOm- WATE0.5TONE CGY3AUNRY 1:00 PµTUESDAY, SateDite TV.Gnat Iwatb4 20Wroom2baN.fvil lbor, x•500wb/0(]72)521-131% 'C Issianar of lotllan Rha DEVEIOPMEM GSTOCf SEPTEM3@3%3015 m2M6S5621 t>:cepent cwdlUon, fur- ewnry.Florba Sha➢ t- Iw lumisniaY W@ID 661111 M,Lease beady 511.0 S ION3IH-2005Xin Gam (a Q poh0e Marbp at wNN par- Tb.BDartl of swvrbw$DI GTEsb G S%TALKY p nth ar seasonaDy far alGa.loaded,runs lka new. t Qk p b bter¢rt and ddzcn3 the Wahrslwe LOmmunit SERVICES GG0.NNRISE NORTH NUfCMNSON 6lAND 51800..ek(SOOS;Y35T3 55995(m)600-Wi Y TH&:TRE Studio IUclency wIN r--- -- „- stuartnutosdescom •a _ -0 M a so oCportuNtT DVdOpment DISWCt will deck by beau X51]9 week i to be Mud,bI Ne Cowttyy hold Neo hmtlary[Ne& b ac[Ortlanp wIN dlhlled No Leat chant �OndOs UnfumiShedl TOYOTA CAYRT-199i.a dr, Z LU G COnwbib.Cm-,of led D,wk.M, twfls• so_.. tbr¢ Uable poo pearN6ev9abrrs.ttm td.AC,pwrwbdowalocks Ne County AdvUOLstntbn cal Year 1036 at 119.am,at repo [bN(f tN! Cad T12-311�i8i9 STUART-ZBR,2BA.Y¢N tld 319]SD@(m)fi12W01. BWdbp lottlMd1801 PN i160NW Reserve PlUCTnca Dueetw of RCnmusVative V]@106]7008 Ingo.S5.1M lbw vNMIL Screed.Vem Beaclk ibrldL PortSL Lw k,flodd.3198& SeMW,Clty HaeR.100 N. Ween patio.f9O/rn0F V iOTOTA taMRY I.M.4 TulSdaY.SeDtemp<f 2; 3233MNl fbSt ThwsEay Of US 1.Fort Pierc.fladdL S@ASTIAN•]hr,]M[0tta94 LmYSee No mts.Notrucks Cyt titan 60k M,cob A/C. CHS et 990 am NG ttrWd- each m.nN u fo00ws: Co0ies of Na documents va udi 8 YAfl hwlWed,5150/ Nomsmokinp.mA1BE5159 S;SRO•(]]1)]U-TT57 p@ v 0rENancdez ebtlMOee4r pOSetl aaade M.,VOACaIy.rpm U,No Lease:PNun WEB ID 6039 OdOber OL 2015 pie Procurement DeI O. IdaaE COLLAyy 11330 US VOl1tSWAGEH E05-x009. Nwembv 05,x015 t M eHodl request to L S M1133 SN@T-3n/1Gr ,.MCN• xartltop 39k deet 0 OrdvMnttI Duember D;IGS bid�esk$city-Itplemecom ]I2- tach N.wasnu 6dryu. co to$15y0O mIW1-1SS. AN ORDINANCE OF INDIAN January G,2036 3211102 ElNweshu.sNve,refd0en- 1- RIVEN COUNTY. FWRIDA. Febrwry041016 Newehvte Of Deman& Wall,6]]011 W pmL flx50(m.deposit '-^-"'�-�--'- CONCERNINGAMENDMENTS AMarN 01.1016 S0Ea[rnm(www'demandsiar' Y@O BGG a SEBASTIAN Re+erelta rtmw<d 819)]59- Sp_OTLS andlmpof25 O TO ITS GND OEVESOPMEM e,BMWI016 W and N!Crty Of fort 16Ra IBP a pis LN INN start E81Dr7fIS09 lOM NC N 0.EGUUTDNS(WRs PRO- MW OS IG6 Pkne Pur Nosing wN site SIHS/wkm-ST&]168 WFBID6T8509 JAGUAR F•TYPEnla CONVYS I M tVl FOR AMENDMENTS Iona O;ZG6 (w ww.dttyyooNortmere<wn). VE40 BGCH 2811,28A. IDK W.1 Own r Garaged. TO CHAP)@ 901.DEFlNI- lay 0).2016 The Cltyaf7ort Pierce tn[our• me auA -IBR Motlern. UDOrade,\Y/0.No G[s. AO does,GRT/GRY/PSV TONS-110 91L ZON- pu ost 041016 �s Mbwl[Y/Y! Bus4 tntl OoorwlN bleaaryry Non-5mokb9.5900/m FM Cap 815-IIS3u0;565K 0 Enterprise Dartidpa- 4wdry roo SSWm tl[ ING,AND CNAPT@91;SIN- Swtemba 0;201fi pore 111516NSL(n21S3H-E013 SSO appfee.mU205-)331 WEB ID 668111 • G} GWiAMRY OEYgOPMENT W@IO 6fi9125 0 BY AMENDING SECTION )Eve matey be occasions when W@ID SSUCH, _ ___ IOSSAN SEHTd i-3-EI 90.01.ESTABLISMHG THE Supervls0n oral GIY OF FORT%@CE VE4O BEACH •IBR M.defL ^- - • dr,ggwoptlC 4Asking MCC V) OFRNmON FOR-VACATION pattidpnte by ttlwMn6 At GeleKla Cartes MPA DUpiz/�ultplx U.Ftim i (T)3)TIa150H;TISSI?]A51 0.ENTAL'; BY AMENDING Nl abma lotttlOn Nlre will RlrNazkg AU[uyer Intl Door wlN bdlCOrrryry FORT PIERCE 5500.1/1 YDLXSwAG@ BUG-2001. Pok Aupust 20.septembv 4, Laundry rwm.SSWm N. V •L GENERAL PROVISIONS SEG be present a speak.[Na 3015 r316th SL(nO53&.d73 5600 m0.1951)Bl&ll]l P.Go.man $2.50.aha 0 TION 91L15(IL PARKING OR Phone so Nat Amy btererted TCN 658995 WEB 10 M316 _ trade U05NA9-0109 5L > � (.1 STORAGE OF VEWClFS;MIO ChM Ne mlep NORTH STVARL - •___�- BY AMENDNG SGGLE-FAM- bg at dmatwvl brad..and IAnnpaTbnent5-_Un(WTi. FFOROaBLE �`OR Utility V¢hi[IeS--i '0 0 ILY DEVEWPMFNT SECTION MfuOKkt dol Ne dr __� IBR 184.SU0/wk <�/ 112OfIl PARMNG OR STOR- w2 takmy plate 90" Cfiy' Mire%ERCE FORT PI@CE-f700/m0.36r Intl water,trazlk elect �l Q AGE OF VEHICLES:ANO BY F.-, or py Idephwe FORTRUCE,FLORIDA 6 m3Ne6asnl FOIID ES I x.a;%LT 411. PROVIDING WR REPEAL OF OmmwkaUOL k tee comp.., ad. ab "----T'-^_--I t0.AC,ywr wdw a lock CONFUCTINI Pp0V1510N5: These maethls arc open t0 REQUEST FOR PROPOSALS her a dryer Indotled Sa�iSa-r�TVVaCap.TIRVImIS! C0.516r52ny6)2.1101 CODIRUnON;SEV@ABIU- NI Dudit antl mays!con- NM201&00 _-- TY;ANO FFTSTIVE DATE U.ad to a lave.date and Ittade kl 61eey 7n-"(-M1 FO¢T PIERCE 18R/28A --"---^---1 Putt cerlalL Slmwlsws Sealg p msals will be oMq 6dCE d ae, •'.j, Ordbxnce Z Y Ittmd U¢rtxeUny by e1]e I by Ne CItY of Foft FARE PIERCE Shows tike a .del Lo[s 0f -� AN ORDINANCE OF INDIAN tehDMne u bn9 u Nen P¢ne Fort Prcfca floods 1BR/IBA IBRn58A m NOu.I b6mwNs mid. 203)X31 CA4GO TRADER RIVER COUNTY, FLORIDA, ¢a dossm,present d Ne b Ne Risme of Ne O'v«tw CONCERIdNG AM@MIA Ibfl pi.a.Airy pus0n 01 40minbtniive Services, ZERO DEPOSfT $2404( m2)971.1915 dud"b"very flood 1=4 TO ITS LAND DEVELOPMENT wlddng to rttehe a wpb pf ant& CortetW9agenet W@ ID 668811 51200 vb0 CAD]12-573-6113 REGIRATOHS(WRSX,PRG t, mmu[e of Ne meeDnyy m21166.150.5 SEBAsnAx•Carpe west:ta. W@ID 61210] WDINO FOR AMENDMEMS may wntect GN Hans M 19.PM,WEONFSOAY, @1D 619Yfi uarhn4 fu pv[nome w/ f4 TO CHAPTER 901,DEfWI- f95O131.468L SEPTEM(wBtEd.$h3b5m2015 STUARTNORf}Iattkwt.fumPvt tranw `ass N .ONS,CHAPTER 91L ION- EaN DllsOn who d[clde N for DIF BDARO 185101 SRD�D%wk DDd/utd/Sai�tstehrnokn 1 CHLYROIET VFMU4E.1995 ING.AND CHAP)@ 912 SW- appeal etry aNm taken M KAYAK AND PA M BW FAMILYAss. G¢SECATION Wt pemK��wBls need<a RFMA RAN CITY Ind water has4 ekd. 390Wne�Baa[d0[k avail, Idr.aut0.AC,]passenpv T 901.0 ESTABUSHING THE rE of tM p, discas (]12(18&3511 3100.Refs req.O7'UT33i651 319)5 m1)6R-1101 DERNmON FOR'MMM@• mild that ACCOrdmgy.Ne b accoduce w1th detailed SMUT-ZGR.2M ResNY CHEV¢OIET UTI111E 100; O K CIAL EVENT AT RESIMUC YY dao aSSVrt De[ipCIItlOnf avaRade Won onte4N dpwnbwq Van lS.Xtn deco new O _ BYAMENld_PRO ALPRO- Nat a rerDatlm record d epuu[b Ne office of Ne Bdc.ny. ane Noor. New lYanspatztloD !hes,dud AC,auto PW 6 WSIONS SECTION 911.15(8) Ne Praeaedln92 b made, Director Of AtlmiNSVadn YICM4'0;. o Rana Nomsrtwk- 3rd rows LRunf eke 0 CHEATING THE PROM RT ON br.IW by iM tesdmOlry and Services,G{y Ha0,100 N. yp�SB]s/menti fBs;last _'_ _;_� VUs.1.2)600-M36 / Q OF COM.Ra EVENTS AT =dente upon wniN WN US L Fort Pivce.Fbdda. aiecwity.m2)951.6918 (- stlartautDsdefsom Q U ` ING SUNGE AND BY AMEND- upped b t0 M Rased. Cooks of Ne dwvmenu an W@ IO 653]88 IR fAY_IOmObileS}OT Salo- i ING_F FAMILY DEVEL- vaiade dKwNGOy from V@OeEACM/CENTRAL 9£ACH __ se-so Y VRLAG@ tll.1dn O Z r Z O.2 SECTION 912,18, RIN Hms Ihx Procurement Dapart• -ldk l0 oce L ]br/Na 25 CARS UNDER b•AC•pmenr w'dw'a lack; IxfENANU AND WBLIC Manayytt t by o-mail!eDOest N .......(T]O`4- NUISANCEnNONOISEBY Pub:sephmbu 1,iD15 biCCesl�ciMftdvice-Cora funk^aw aDDL Pre wdO 52995.sW-Tm ks Open -- _-_^ • CRUTH1 THE PROHIBIT ON TCN 6N51I NeweOsiteo(Demanb pp D b.f800.utlls ipndayl m2)6001a36 - ^' F� OF COMMERICAL EVENTS AT StMaom(www.der.Mndstu. ]]x'321-]Ill WERT. 151 IVartdu[OsaIISCOm U�t C H' R.-E.BY PROWDING W and Ne City-f Fort - ST.LOGE COUNTY NOnM OF s• WHITE CITY- ACUeA INTEGI4•1998.L5, Wq 0.HPEAL OF CONFLICT- PUOLIC MEETNG Pieme Purthasing 6 SII! •N.Fee MOvl N•- E tit auto Ad.Pwr wdw a CHMOLET•STFPSNE NG PROVISIONS:COOIFlCM (www.cltyryaoifortweremml Towohem<CommuNty 1Kk$5x(]5(]]2)613-M01. PICAer 196y Y\�L RutarM; TION:SERV@A01lfTY;ANO NaUce b herlMo 9Wen tMl Tae Ciry a(Fwt Reneenceor- I Bedroortk Paol• BUICK PARK AV@UE-2001. IM EK CRM Jtat0arfl pro a wt.EFfECWEOAtel-TE Ne St Wd CC y Vdua Des Minodty(Women Bud- Ne9athrc Credit accepted i• nue clot 58k miles 55800 5.{1518:1Web le 6]t]eii • _ ADrap0utl ocSOMKe ONNI- mluswMt BODE wN cpm- pews3.Enterpn5a pazUtlpd- m-I66 ml! (]TL7941I311067tfi1B Z 1,If adapted.wW h.rine Rp- WUNerbee , GMC 1989.S-15,V6. CL tabpN a de(Wth tw aempv l].2015 bealmbg [fiY OF FORT Mau TOwNomemet CAGILC Cfi x.l;L6L Vfi _ C 0 'vattUon renla!'ald cola& rt8:30 Amb N< Gelenda Cann MPA __WEBIDN9655__ P<d0rmaact Coupe.Ped 0wd-'I"n, ke.4 C Confe-Room OU6 SL FSc cm42].000 mL 535.995 Black 52500.02ffi73.6127 F. pN Abe parkln9 and Wtll Coonty Ad,$UaUoo Purdusbg Maugv I '-•i OTO56 ].1. WEB ID 669354 comps.pub¢ Y assn- Wild iw.nN Wryiq. orb:AwI¢t M Septempu e, HomesllnNMshed- L datM wiN varadOn renhls.WillAvenu!FL Pkrc4 FIM 205 --`� LpDe9ance ADILUC LU 97. 5 Ilan.Laatle, MNCOW TOWN CAII-1985 Z 0 0 O ta0lbne;tlefinPUew•11, d 331983 Iw Ne Du pp a.1 TCN 690] W0.)M@CE•IbtlnbancB. la her bt OdOMnI ow era Sbnamre Se es 1 oww.Eat ieeM9tw NefoDowbp reDr.Dvty.parivata M53.1o0.m-398-83535L •6 fn IV 0 W event at rW- typtaojp a Coo area L 310021. New the5/hnkes IOOk mL, 1Y@ID 666]11 / dente•,vr19 uVNlbh a pro- �r--a_�. 10 195,careen d- porN, 32•SDO.(])21563119]IR Q (n U nwdM On NlIlekfl hent- Homestesee emD'u0n Red ESN1C enced ya 4 Si508m0 F 5 CAGILL.(772 redm euxlsauteion xh.esteaeernrpd0n lar $yam--- OC rsR ss1-3x5aa. rom wnetl Mro deans `elildes wameE _� W ern[Sud,u a pva.nf 63 stars w old. L' I web Id 617450 W[npof!l s�ad�a�al adinv wreuni.n.Ana mar Pwt batr.empupns ----- PIERCE•51610-0 s3e99 m1)bhaaJ6 AAA All7o ANALYSIS provide ortainl'ttpUons. WltloWz renmptan s H_^-T^---^_--� V^e.1pdnbL fenced.neY st�w Heases.c0m AOMakaf•AMice A doh f Acte yy pp5ed Gsab0iry tumDtiM y0_FOr Sale i rt.5650/ym 0y coot CNEY¢OIET CAP%CE Wago4 RanyeS'W!lay GPI Trucks rdinane!if ail W!at D:(:-H- 1, Tota9y`g DumxneMly 305]9&2nlW@10651609 g4 aub.INet AC,pwiwdw/ 6Motwcvtl ESL 1981 N!Pla d g Divizbn olf< yssdee PAItFaApyCITYGated. W0.) ST LUGE - vzn ticks SlfiTS mx)673i101 TR-60.9)0 led pprtwNntaa nwpin (i)tGkwmDre dbabl4ty bJ UOrc EZa C�et3tt09Sa Npk 1TDOs0fL TIM 110prilae! CHEVROIEi MH%2OOS ANn, AACURA TO VOLVOS Ne(hit tloor fNl CWu veteran 5368.900 Prlocls Ny 305- Oazkyard.Covutd DwdLND cold AG xha tlea4 many TOP S DOLLAR CASH ty AdmiNst U.Co 1. Toad aM pemelemepn�dtsanitd se&fl315 W@10614119 .9splpWforekam/I 9i SI]5.k/Ivn z�l ba oayy SpeNtl�T FOR YOOR VEHICLE BU 9•A•. Myon1wM hrm.tmptmn -"IWGTYLMEADOWS-1 FNS m2)2004035L OI17600.811fi 772.879-9995 may with Nappew anY eetl- Ta[d disadtdwMdchair ( Hamph.]/tn♦denn,, 1 WEB 10601)] stuartmtosdesc0m CAULU5ING POP wnkh may b!mad! y«pn.ezempUM s[rt etl D U fen[tE;,j inn large CNEV401ET MA-tl-19951 t 1 meeting.wIL need Total aM Mrmanen[dwDled meNUe.pool,temk;1 IO0.i ST WGE to tr¢ufe Nat a Vl tw tens ezempdw In fence backyard, s tlk au•,4 pA//CC,,PW a R,tilt 0 Of tM prettt0bp3 b ReBOhm e3empdpn Paz mol•patted L cue' p lo. SW echo 51200 ¢51915(n176TN104 •" .' record wNN b,eb., te- 0 4336190.(TTG 186-� t]]G63&T6]81D 651315 Reaeatlm IWony and mdentt aporl cnadtade eumpd.. 1�:061a;WED IO fi1964Z_-- LNRY$1FR 5@RING CONV.ro; I .1 Ln�//�•� wNN tM upped b based Cemetery ereatppM TORT ST.LUGE-1/7/1 p 1 LTD auto.A/C.IIaNu,tuOy Pleul Nre[t danNnp-rdat- parwlriWagqe eeumplppEpn PTndldonswHomu,VlZN it some w/IamBYra4 Aver not Ioabed$197SmZ)6]3-II00. N Weslbu tv Ne coven[ Nw-pmllt Mme br tM n9etl d Y up9 des,seated f IMn0.len d Yard.Ne DODGE STEALTH•1991.Auto. BOatS/Ma[af5%Ma(Ifle 1 tlevd0pment sKUw at 316- pd o GGOp,`pnjv 1 Yr 014 Mus[See R�•d1°p SE Uwooatd zta dean'fW pwr'. MAtUTEE POCKET OOG SdP 12]7. Ed im=vempU H 1 Cal a comm/dbMt Awesome Lnhw on Spc¢ai O ANYONE WHO NEEDS ASPE- Lit rary lzttnption M 339914 m3)313-338 Ave.Sl vq m-3]0-9910 31995.Must ilea Ddve Uaple 30'JY.\Yater a GAL A=aWOOATON WR Frahmal flrgwlDaUw e3wy w@1065018 PO¢i ST.WICE-In/],newly f773)600d116 des Wt home Sl1,88 �� N THIS MEETxG MUST CON- . stuarlautosakz.com Lao DO19 561.3.&3188 TACT THE COUNTY'S AM@- en tent OfganbaUon wrrr WGE WFSi 2/Zn. �p ag °su.d�p wE91o61:513 � ?CANS WITH DISABIIfIlES S= dor de wed,l it Mose w/ ER access to 195 NO d0 s; SFAMVNT BAT BOAT IY ro9. ACT(ADA)COORDINATO Un 9ppinik.em0dw DooI.N pal t1aO.New Mt NO smokl0.S/]10/mO Fly 150hp YamaMlsboke xGl Y& A!CE OF THI�L�F Lahw orpaNzaUan eumPilon CUDeL tow N.A.$119,900 l)2.101-9]81 ESI iD E]19!] O Cwwwmty Cenlv.empUw ••31]6'.-O:U ID 66683 kEzc Cend f33.900 a WG. Govvmunt eaemDUw SUA-U.-2h0nhylt9. e+-1-=.= 0.O]2llIt-12SO.Uulls sWAar an«meddee,new -`� I.VDIANRIVER000NTY T6stork eerso al AC,M(Nena haN.cbse Ig sveenN p0rN,ap Ule FORD YUSTANG-x01L Cd- 7--C-�„M1-- B04R00FLOUNTY Tandda PersonalPmDerty Nmap ashoppping 599.900 Arai.now.EXL cant f85W ffomia Special; /lNp Camptr38 RV'S" L CO-UH)xERf VNias OR)OI.17161D 655]]5 1FUSt.1-asemnity.758 S1S90&Blst M;L..4tvnac• ' BY:WKIey S.D1HS.Chahman - .--____-_�-__ V pe Ave Cap]]b9t]- date!9.000 mpe;Call m- K Matttrs aiilcting boor Der 0619 W@ID 615685 20.5310 W@ID 658365 RV ROSINESS II `tats' n Pub:17111C bv43G3 d mtl property dohs anUfacNred HOmef] ! w•r //ae�� TCN 6raeO arE d aha IM. .: STUaRT-WILLOU6N8Y HONDA ACCORD-1005 EX-L BOOMING i aiL �De ne -- GY WLLA-bunaMa[e Gny. IS,Uo mi..$3.500. CONSIGNMENTS NEEDED 1 pOn M ktere ka y so0.T PI@CE TWel2 Yo0; Gaied2 2nw/E fl- «Sa)TH6-t101C BUY wC0Y9GN {<T' NOTCE OF PROPOSED Imlted t0 attend aM be FAMILY PARK- Ovv Sw ed pad0.COm'emNt daacQPnehcepemm MOtOrixeOnawade2 GImINANCESAND ED near,Airy Penon wIN a H es N Noose Imm tv aP......Hrrqq//pets FLS INTERSTATE IfY }O HFMWO dbab0iry reDuidn9 ittOm- .New a Used;Lease te SISN(7]OSJ.1993 HONDA GWC HYBRID-3005 --CIM-11-_ 711 ea rcu tiend Own Avaiade pwE4, steedn9R wbdows,new NOTICE if heresy oyes u rta of the-heaNMe CaR Gene:]7 2-8 8 3113} YE¢O BEACH ;bdnhL pope z, Cas 09•: �I mNe0 by Chapter I66.W1 shoNtl contact the SL WWtltl 0.aWb 3 N Ave.Cent 5/000 SIU-2TG ;igO ciles/M-opetls- Florida Statute Nat the Count'Community SeMces PORT ST WGE 55.SPANISH `U1h1.L tarp fencetl-In NTUXON SOMATA-3009.0 dr, -- - Q 18p0wbg Ordk_t wJl Dire at mD 162-]m. LAXE51 Pet section Custom Yard im pet OS W appb CIg AM-a pL (gt N...A SILYERWING 600 M Drvduttd b wdUn9 aM N wdUn9 to 23D.Vhdn• dWgq Ea 10 7/2 p Il Gorda md.even w/0.5fi0.mo♦ M U175 072)67-4. x9Oa.]slU wig mpu. //SS�� adopted ua(attddaapp INe leAvenue ,=Depart- W;s.FWyrtn d,Mist- Seclai[32 Ca0561386.3W8 padcapy brats /ABS a W qt COmmbsian o}UN Gy L FL Pierce flOrba privary/Canal 2 Odes. wFg N GH85 HYUHOAI LONA -2009, prakli 3QOp(T71).,&Tad t Stuart.MGry MdL]I15W 3190;If art hearingw ONyy 51).900 i13-6]&2819 Gazklootsa dross lila WEB ID 6)5990 •�� FladV Avewe w Septem- vdc<M,ked.pleue cad WFH ID 6581)3 YERO aGCH-TRIWUM-]195 loaded.Xtra dean. s fSi v by M,x015 at 530 pm A To (772) 6Z-3128 at least �___�__ _ W&Ookfide Was, 3.2-1 SLSO.dors.Will Finance -• _ ------ w'li M to t sale Ord= lorry-<I9nt NW noun prtw ---`� in Gatee Co u iy.All (1]y6pp.H136 Re�a66nalT211eri+ Oded nereafte4 yoe to the meeW9•. :MobOe HomeS/Lots, Appuantes Mwncarein..d. stuartau(osdesa0m ' eenVde aNe Om ay ef I, pvso tZ--d.,appal -'---` 4 Huge 10[Nen w/yfable //�1 Na Cistry4yuGserk dw'uq ree9wu y de[ifba de wIN F�OmROr M-3/Z DIW A/C, No Cupe4 Sveen<E land, JEE➢CHFADNEE 1999. �7RV/LOT L$h as .MOtorwird AO fl I-1 ...naid M tlx meeW9s f Othei lwmesMttnDnN lmcf�oO ComnuNt.PoedoL M4Lut. AL,dre'0'".;;eI'c=.. fUi15LfTIEgSp�55+ ed Wks nd�be b<udsw mmMtteWes,of mo misilon, favapabCelep(17xM81-0ZIY GA mxbililOSSmonN Imm]]yrtlnw0-81365135. 3388052338-5063r `/`�\aS V and cammentsb dor olflra apeKy,wuncD,wapvlsafy WEB 1063883] W@ID 613600 sNartaut.zales.cvm wEB ID 653351 6211 LL aaa ec . �_ NAS� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT 14EAD CONCURRENCE: Stan Boling, AIC Community Development Director FROM: Roland M. DeBlois,AICP Chief, Environmental Planning & Code Enforcement DATE: September 11, 2015 RE: Consideration to Adopt Amendments to County Sea Turtle Protection Lighting Regulations(Land Development Regulations Section 901.03, Definitions,and Section 932.09, Sea Turtle Protection) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of September 22, 2015. BACKGROUND In October 2014, county staff issued a code enforcement citation to an owner of a residence on the south barrier island, for violations of County sea turtle protection lighting regulations. More specifically, the citation was issued for unscreened interior house lighting visible from the beach after 9:00 p.m., in violation of Land Development Regulation (LDR) Section 932.09(4). Subsection(d)of 932.09(4),which applies particularly to interior lighting,currently reads as follows: (4) Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: ... (d) Window treatments in windows facing the ocean [emphasis added] of single and multistory structures are required so that interior lights do not illuminate the beach. The use of tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice. The owner appealed staff's issuance of the citation to the County Code Enforcement Board, which heard the appeal at the Board's November 24, 2014 meeting(see minutes, Attachment I to this report). Among other things, the owner's attorney, Mr. Barry Segal, presented evidence at the appeal hearing that the owner has black-out draperies on his east ("ocean facing") windows that are drawn after dark. Furthermore, Mr. Segal argued that any light emanating from north facing windows on the house, irrespective of whether or not such light is visible from the beach, is not subject to 932.09(4)(d) restrictions since the north windows are not"facing the ocean." 223 f 1 i After consideration of overall evidence and testimony presented at the appeal hearing, the Code Enforcement Board voted 4 to 2 to rescind the citation and related fines. Although it was unclear at the hearing as to the specific reasons why the Board'voted to rescind the citation, the "facing the ocean" language in LDR Subsection 932.09(4)(d), as it relates to windows, appears to have been a factor. Subsequent to the citation hearing and the Code Enforcement Board's finding, on April 7, 2015 County Commissioner Peter O'Bryan brought the apparent discrepancy in the sea turtle lighting regulations relating to windows "facing the ocean" vs. "can be seen from the beach" to the Board of County Commissioners for discussion. As a result of that discussion, the County Commission directed staff to draft an ordinance amending LDR Section 932.09 to delete references to "facing the ocean" and replace it with "in line-of-sight of the ocean" language. Moreover, in his motion that was passed on the matter, Commissioner O'Bryan recommended that the area of restricted illumination be extended beyond the beach and include dunes(see 4/7/15 BCC minutes, Attachment 2). Staff has since drafted amendments to the County's sea turtle protection regulations (Attachment 7 to this report), which are now being presented to the Board for adoption consideration. Planning and Zoning Commission Recommendations At a public hearing on June 11, 2015, the County Planning and Zoning Commission (PZC) considered the proposed ordinance (see approved minutes, Attachment 3 to this report). At that hearing, the PZC voted 4-0 to recommend that the Board of County Commissioners: 1. Approve the proposed ordinance with a revision that a light source "...visible to an observer on the beach..." be changed to "...visible to an observer standing anywhere on the beach...,"when referring to lights subject to the sea turtle lighting regulations. 2. Approve the proposed ordinance with a revision in proposed language that "...all exterior light fixtures on the seaward and shore-perpendicular sides of buildings (and on the landward side of buildings if the fixtures are visible from the beach)..." be changed to "...all exterior light fixtures on the seaward or shore-perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach..." 3. Not extend sea turtle lighting restrictions to include illumination of the dune area. 4. Direct staff to include verbiage in an annual letter to beachfront property owners about sea turtle lighting regulations to advise such landowners that they are responsible for the actions of anyone on their property that violates lighting restrictions, including guests and renters. Recommendations 1 and 2 have been incorporated into the proposed ordinance. The proposed ordinance, as drafted by staff, is consistent with recommendation 3. Staff has implemented recommendation 4 in its revised annual letter to beachfront property owners(see Attachment 4). Fish and Wildlife Conservation Commission Recommendations Subsequent to the June 11, 2015 PZC hearing, county staff received comments from Florida Fish and Wildlife Conservation Commission (FWC) staff concerning the proposed ordinance amendment. FWC staff recommended a number of revisions to make the proposed ordinance more consistent with the state's model lighting ordinance for sea turtle protection. Those recommendations include: 2 224 • Defining "directly visible" and "indirectly visible" light as it pertains to illumination of the beach, and regulating against both direct and indirect illumination of the beach. ; • Requiring all exterior light fixtures, on both new development and existing development structures, to be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. The FWC further recommends that no such light source emit light below 560 nanometers (nm), and that recommendation is stated in the proposed ordinance. The draft ordinance that was presented to the PZC at the PZC's June 11, 2015 public hearing has since been revised to incorporate the PZC's ordinance-related recommendations and also to address comments received by FWC staff. Attachment 6 to this report highlights (in yellow) the changes made in the proposed ordinance to address FWC comments. ANALYSIS The primary direction from the Board of County Commissioners to staff in revising the sea turtle protection lighting regulation focuses on how "illumination" is defined, measured, and applied to beachfront lighting, particularly relating to interior lighting, which was the specific issue in the citation appeal described herein. The proposed revisions address that issue, but also include other revisions explained later in this report. ! Comparison to State Model Ordinance and Other Local Ordinances j In drafting the proposed ordinance revisions, staff reviewed the state's model sea turtle lighting ordinance (Florida Administrative Code Chapter 6213-55, Attachment 5 to this report), as well as other local ordinances in the region. The following chart provides a comparison of the state model ordinance and other local sea turtle protection ordinances to Indian River County's current ordinance and to the proposed revisions, particularly relating to beach illumination and interior lighting restrictions on existing development. =u - /� ....n.,: W�,. �C.'�1���- p rison of`Sea Turtle;Protection Li htm' sR lations•�( � � of n j i f' 's + 5� _ �v ��i i (D t ons;oftllum�natioo adresfrict�ons o interior lighting) • ori- - `'f- r"+T'',���•-•'��}'-�irs-'��,:_:ti ��;�%�s.�,��}',j;;� ,,�n+t-%��- �r t'-�§ a4-`;' g� .._ :. ... :: - _-?'^d.':a�•x�-:e��C•nr14."ac.Ei--�. � Y�� ^�s�;'X�t�Rc",�M�.�'�S_�+ .�';$gt.1p J mute-___.r1i w.t�...•. JURISDICTION ILLUMINATION INTERIOR LIGHTING EXISTING Indian River County(current) ...any lighting source which is ...lighting which can be seen from the visible from two feet or less in beach...window treatments in windows height on the beach...or facing the ocean... creates a discernible shadow on the beach... Indian River County ...any light source which is ...lighting which can be seen from the (proposed) directly visible to an observer beach...window treatments in windows standing anywhere on the within line-of-sight of an observer on the beach... or not directly visible beach... from the beach but which indirectly creates a discernible shadow on the beach by means of reflection... 3 225 = ,� . -.. CHART(Continued)' . ; JURISDICTION ILLUMINATION INTERIOR LIGHTING XISTING State(model ordinance) "Directly illuminated"... ...use window treatments(e.g.,blinds, artificial light source which is curtains)to shield interior light from the visible to an observer on the beach... beach... "Indirectly illuminated"...as a result of...an artificial light source which is not visible to an observer on the beach. Vero Beach "Illuminated"... artificial light ...eliminate interior lighting emanating from that produces brightness doors and windows within direct line-of- detectable to an observer sight of the beach... standing anywhere on the beach... Indian River Shores Direct illumination of the ...the town does not intend to regulate the beach...light of a point source interior lighting of dwellings... but that is sufficiently strong to cast recommends that beachfront residents be a detectable shadow on the mindful of the potentially adverse beach... effects... Brevard County "Directly illuminated"... ...use window treatments(e.g.,blinds, artificial light source which is curtains)to shield interior light from the visible to an observer on the beach... beach... "Indirectly illuminated"...as a result of...an artificial light source which is not visible to an observer on the beach. St. Lucie County (Undefined) ...to prevent interior lights from illuminating the beach,window treatment...required on all windows...within line of sight of the beach... Martin County (Undefined) ...to prevent interior lights from illuminating the beach...window treatments...required on all windows of single-and multi-story structures... In reviewing the state model ordinance and other local ordinances, staff found that the County's current definition of illuminate is unique in its measurement of light source visibility from "two feet or less in height on the beach." Rather, the state model ordinance and other local ordinances define illumination as "visible to an observer on the beach" or use similar language. The proposed ordinance revises the County's definition of illuminate to be consistent with the state model and with other regional local jurisdictions. With respect to interior lighting restrictions, the proposed revisions delete references to (just) windows j "facing the ocean," and replaces it with "within line-of-sight of an observer on the beach," which eliminates inconsistencies within the current ordinance and brings the County regulations in line with state guidelines and with other jurisdictions. 4 226 Including or Not Including Dunes in Area of Illumination Restrictions When the Board of County Commissioners directed staff to draft revisions to the sea turtle protection lighting regulations, that direction included a recommendation that the area of restricted illumination be extended beyond the beach and include the area of dunes as well. On that issue, staff's position is that including dunes in the area of illumination restrictions would: • Be inconsistent with the state model ordinance.and with other local ordinances statewide, which consistently refer to the beach (only) and not to the dune as the area of restricted illumination. (Inclusion of the dune area does not appear to be necessary to provide adequate protection, based on the model ordinance); • Effectively eliminate the allowance of any lighting within or immediately adjacent to dune areas, such as dune crossover lighting or yard edge lighting, including low profile shielded luminaries in or adjacent to dune areas; and • Be problematic from an enforcement access standpoint, in that the beach area is generally accepted as a public/accessible space and is the area of regular monitoring, whereas private dune areas are not. For those reasons, staff does not support inclusion of the dune in the area of restricted illumination. Moreover, the PZC voted at its hearing on June 11, 2015 to recommend the Board not include the dune area. Consequently, the proposed ordinance does not include dunes in the area of restricted illumination. Other Proposed Revisions In drafting the ordinance amendment, staff has taken the opportunity to clarify certain sections of the code and to revise certain aspects beyond the definition of illuminate and how it is applied and measured. Those other revisions include: • Clarification that tinted or filmed glass visible transmittance is measured from center-of-glass, consistent with the building code; and • Revisions to the "purpose" section to reference potential impacts of artificial lighting on adult sea turtles as well as hatchlings, consistent with scientific findings, and to reference the County's Sea Turtle Habitat Conservation Plan; and • Revisions to beachfront lighting approval procedures to require building contractors to certify compliance with beachfront lighting standards, subject to inspection verification by county staff, consistent with building inspection procedures. Consistency with Comprehensive Plan Policies County Comprehensive Plan Conservation Element Policy 7.8 provides that the County will apply sea turtle protection lighting criteria for beachfront development in'the unincorporated county. The proposed LDR amendment is consistent with Conservation Element Policy 7.8 and does not conflict with the public interest or any other LDRs. I 5 ' 227 i Impacts on Development Costs and Affordable'Housing Indian River County has had sea turtle protection lighting restrictions in place for beachfront development since 1987. The proposed revisions will not have a substantial impact on development costs associated with beachfront development. Impacts will be limited to the additional cost of window treatments and fixture improvements that are proposed to extend to all lighting visible from the beach, beyond just "ocean-facing" windows and lighting. As such, the proposed LDR amendment will not have a significant effect on the cost of beachfront development, and no practical impact on affordable housing, since affordable housing does not include or rely upon beachfront sites. Balance of Sea Turtle Protection and Private Development Rights From a sea turtle protection standpoint, elimination of all artificial lighting along the coast would substantially reduce adverse impacts to sea turtle nesting. Such a measure, however, would be impractical and would not take into consideration private rights for reasonable use of property. The County's sea turtle protection lighting regulations, as well as the regulations of other localities statewide, were drafted to strike a reasonable balance between sea turtle protection and private property rights. The proposed revisions will strengthen sea turtle protection measures while still maintaining that reasonable balance. Revisions to Annual Sea Turtle Letter to Beachfront Property Owners As indicated earlier in this report, the PZC recommended that staff revise its annual sea turtle letter to beachfront property owners to advise owners that they are responsible for the actions of guests or renters that violate lighting restrictions. To that end, staff has revised the standard language of that letter (see Attachment 4). S_ The proposed amendment to the County's sea turtle protection lighting regulations will resolve certain inconsistencies within the ordinance with respect to how illumination is defined and applied to coastal lighting. It will also make the ordinance more consistent with the state model ordinance and with other local ordinances, and more consistent with FWC recommendations, in a manner that strengthens sea turtle protection while reasonably balancing that protection with private property rights. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed LDR amendment. Staff also recommends that the Board approve the revised language in the sea turtle letter that staff annually sends to beachfront property owners. ATTACHMENTS 1. Code Enforcement Board 11/24/14 meeting minutes excerpt. 2. Board of County Commissioners 4/7/15 meeting minutes excerpt. 3. Planning and Zoning Commission 6/11/15 meeting minutes excerpt. 4. Copy of annual sea turtle letter to beachfront homeowners revised to reference owner's responsibilities. 5 Copy of state model lighting ordinance for marine turtle protection. 6. Draft of proposed ordinance with highlighted revisions based on FWC comments. 7. Proposed ordinance. 6 228 r i APPROVED: I.R.County Aswovtd Date FOR: September 22, 2015 Admin. Legal / + Budget IHL BY: / t. , f Risk Mg _ M: \932.09 sea turtle lighting amend\Sea Turtle Lighting LDR amend BCC item 9-22-15.doc i r I 1 7 229 CODE ENFORCEMENT BOARD A meeting of the Indian River County (IRC) Code Enforcement Board (the Board) was held in the Commission Chambers at the County Administration Building, 1801 27th Street, Building "A°, Vero Beach, Florida on Monday, November 24, 2014 at 1:30 p.m. Present were Chairman Pete Clements, General Contractor Appointee;Tony Gervasio, Member-at-Large Appointee; Joe Petrulak, Subcontractor Appointee; Karl Zimmermann, Realtor Appointee; Vice-Chairman Aaron Bowles, Engineer Appointee and David Myers II, Businessman Appointee (arrived 1:34 p.m.). Let the record show there is a vacancy for an Architect Appointee. Also in attendance was Attorney Jennifer Peshke,Attorney for the Board;.IRC staff: Roland DeBlois, Environmental and Code Enforcement Chief; Betty Davis, Vanessa Carter Solomon, Rose Jefferson and Kelly Buck, Code Enforcement Officers; and Reta Smith, Recording Secretary. 10:37:10 Call to Order Chairman Clements called the meeting to order and led all in the Pledge of Allegiance. The secretary called the roll, establishing that a quorum was present. 10:38:30 ARaroval of Minutes of October 27 2014 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Bowles, the Board voted unanimously(")to approve the minutes of October 27, 2014 as presented. Mr. David Myers II, Businessman Appointee arrived at 1:34 p.m. 10:38:50 Attorney's Overview of Board Purpose and Procedures Attorney Jennifer Peshke,Attorney for the Board, gave a brief overview of the procedures and purpose of the Code Enforcement Board. 10:44:27 Anenda Additions or Deletions. Consent Items Mr. Roland DeBlois, IRC Environmental and Code Enforcement Chief, CEI3-Unapproved 1 1November 24,2014 F:/BCC/AII Committees/CODE/2014 Minutes/CODE11.24.14.doc KTAGHKENT 230 i r reported the following cases had either complied, been rescheduled, or ere recommended by staff for an extension of time on the Consent Agenda. ases #2014080001, #2014090116, #2014020013, #2014070210, #20 080155, #2014070105, #2014080016 and#2014070167 - 30 day extension u December 19, 2014. Cases #2013040024, #2012100094, #2013070120 013110071, #2014030039, #2014070053, #2014050115, #2014030031 and 013100037- 60 day extension until January 23, 2015. Case #2012110095 - day extension until February 20, 2015. Cases #2014080191, #20140501 #2014100014 and #2014090001 were rescheduled. Case #2014080082 s withdrawn. In compliance were Cases #2014070195, 014080045, #2014090073, #2014080106, #2014100098, #2014080013 #2014070207, #2014090141, #2014100095, #2014100115, #2014100 , #2014070154, #2014090006, #2014050146, #2012080061, #201405011 , #2014070108 (first tier of a two-tier compliance), #2014090119, #20140600 and #2014050005. Mr. DeBlois noted there was o e Administrative Hearing scheduled to appeal a citation issued for sea turtl lighting violations and recommended Case #2014100110, Mitchell Dudek heard at the beginning of today's meeting. He indicated there was one a endum to the agenda concerning a Lien Release Request for Case #20061 066, Billy & Laurel Hitchcox, and recommended it be heard with the other Lie elease Requests no sooner than 3:00 p.m. Mr. DeBlois advised two Lien Rele a Request Cases#2011090216 and#2008080086 relating to Shannon & R ert Kahn had been rescheduled at the request of the Respondents. :54:54 ON MOTION BY Mr.Zimmermann, SECONDED BY Mr. Petrulak,the Board voted unanimously(6-0)to accept the Consent Agenda with the revisions. 1 5:15 Swearina in of Those Who Will Testify The secretary proceeded to administer the testimonial oath to everyone who would be testifying at today's hearings. ADMINISTRATIVE HEARINGS 10:55:45 Case #2014100110 - Mitchell Dudek �- Mr. DeBlois advised this case related to a citation issued on October 22, 2014 CE&Unapproved 2 November24,2014 F:BCC/AII Committees/CODE/2014 Minutes/CODE11.24.14.doc ATTACHWNT 231 i for sea turtle protection lighting on October 9, 10, 11 and 18, 2014 when IRC staff determined there were violations based on information received. He noted the fine amount for each day of violation was $50.00 per day and the citation was in the amount of $200.00 for four nights of documented sea turtle lighting violations, and the Respondent had elected to appeal the citation. Mr. DeBlois showed on the overhead projector and submitted into evidence Section 932.09, subsection 4(a) and (d) of the County's Ordinance relating to Coastal Management, adding the citation was issued particularly with reference to interior lighting from the subject property being visible from the beach after 9:00 p.m. He recapped on July 17, 2014, staff issued a warning letter to the Respondent advising of IRC sea turtle lighting requirements based on information received that interior lights were visible on the beach from the property and recommended the window coverings be closed at night during sea turtle nesting hatchling season, or potentially be subject to a fine. Mr. DeBlois related after sending out the warning letter, IRC staff received an email dated September 15, 2014 from Attomey Barry Segal, representing the Respondent, outlining certain measures taken to comply, and a copy of this is on file in the Commission Office. He continued IRC staff subsequently received more information that compliance was not being achieved, which ultimately led to the issuance of the citation. Dr. Miles Conway, 2340 South A-1-A, Vero Beach, confirmed he had sent an email dated October 15, 2014 to Mr. DeBlois with information on lighting violations he had observed coming from the subject premises as shown on photographs submitted into evidence. He testified at various dates in September and October, 2014 he sent those photographs taken on his iPhone to Mr. Rick Herren, IRC Environmental Specialist, showing lighting issues he had observed from the beach at different times. Mr. DeBlois showed on the overhead and submitted into evidence a section of Chapter 932 of the code stating "illuminate means any light source which is visible from two feet or less in height on the beach area, or any lighting which creates a discernible shadow on the beach area". Dr. Conway opined the illumination he had observed from the subject property met,that definition. Mr. Rick Herren, IRC Environmental Specialist, discussed the required nighttime lighting surveys conducted as per the County's Habitat Conservation Plan and expressed his opinion that based on the photographs the light emanating from the subject property met the definition contained in the code. I CEB-Unapproved 3 November 24,2014 F:/BCC/AII Committees/CODE/2014 Minutes/CODE11.24.14.doc ATTACHMENT � 232 f Mr. DeBlois summarized it was staffs conclusion the photographic evidence and overall information indicated there were four violations after 9:00 p.m. on the dates cited in the citation and recommended the Board uphold Citation #2014100110. The Respondent's mother, Ms. Sharon Kramer, 3 Royal Palm Pointe, Vero Beach, testified the photographs dated October 9, 2014 taken at 9:25 and 9:26 p.m. showed exterior lights and not interior lights because the drapes were pulled at the time. She stated after the warning notice had been received, blackout shades had been installed on the windows and instructions posted for anybody renting the home regarding the need to pull the drapes because of sea turtle actions. Attorney Bary Segal, representing the Respondent, gave a PowerPoint presentation, a copy of which is on file in the Commission Office. He pointed out there was a signification amount of vegetation along the perimeter between the Respondent's house and the beach and maintained the only thing visible from the beach within the two foot limit was the roof of the house. He stated there was no evidence that the photos of the subject property presented in evidence were taken from the beach; but they could have been taken from other vantage points. Mr. Herren stated he had not personally observed the alleged violations on the dates the photographs were taken; however he had looked at the property from the beach in the past and had seen interior light coming from the third floor windows on both the east and the north side. He acknowledged the subject property had vegetation blocking it from certain angles on the beach and if the property was entirely blocked from all directions it would not be a violation; however the if light could be seen from one direction it would be a violation and it would depend on where someone was standing on the beach. Mr. Petrulak noted Ms. Kramer was no longer present and asked if either she or Attorney Segal could 100%without a doubt say the drapes were dosed after 9:00 p.m. when the subject property was occupied. Attorney Segal admitted nobody could be sure if the drapes were drawn; but it was more an issue of if the lights were visible since even the vegetation had changed since Mr. Herren conducted his last site inspection of the area. Discussion followed about the photographic evidence. Attorney Segal pointed out the window in question faced north and maintained the code applied only to windows facing the ocean. CEB-Unapproved 4 November24,2014 F:/BCC/All Committees/CODE/2014 Minutes/CODE11.24.14.doc AtTACHMENT ' 2331 Mr. DeBlois stated staffs position was there was sufficient evidence and direct testimony under oath from the person who took the photos, with corroborating information from Mr. Herren, that light was visible from the beach when the drapes were open on the third floor of the subject property. He added it was also staff s position if the light could be seen from the beach it would mean the window faced the ocean, and recommended the Board uphold the citation. 12:02:29 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the members voted (4-2) to rescind the fine and not to uphold Citation #2014100110. Mr. Meyers II and Mr. Bowles opposed. It is noted for the record the Respondent's attorney was present for this hearing. EVIDENTIARY HEARINGS 12:02:49 Case #2014090106 — Gary Dean Compton Ms. Rose Jefferson, IRC Code Enforcement Off r, submitted four photographs taken November 11, 2014 into evidence and r ted she had received complaints about an untagged jeep and a box truck bei used for storage, adding the overgrown weeds violation was in compliance. Respondent Compton testified the van as actually a motor home that he used to store his tools and he was workin n getting the jeep fixed up. Mr. DeBlois explained the ve ' es needed to be roadworthy and registered and recommended an extension 0 days, until January 23, 2015, for compliance. 12:11:13 ON MOT1 BY Mr.Zimmermann, SECONDED BY Mr. Petrul ,the members voted unanimously(6-0)to find' co liance of the overgrown weeds violation but find e junk vehicles violation and grant an extension of 60 days, until January 23, 2015, for compliance or a $100 per day fine. It is noted for the record the Respondent was present for this hearing. CEB-Unapproved 5 November 24,2014 F:/BCC/AII Committees/CODEl2014 Minutes/CODE11.24.14.doc f i ATTaC##MENT � I 234 . i I r ------------------------------------ --- -- --- City of Vero Beach, to be held at the Town of Indian River Shore's Community Center at X9:00 a.m.; and designated Commissioner O'Bryan as the Counh,'s representative at the meeting. 14. COMSSIONERS MATTERS A. Commissioner Wesley S' Davis Chairman Add: Funding for a Temporary Housing Facility for Station No. 7 (Clerk's A'ote: 771h item was moved to Emergence Services District, Item 15.A.3.) B. Commissioner Bob Solari Vice Chaiman None C. Commissioner Joseph E. Flescher None D. Commissioner Peter D O'Basin 10:55 1• Sea Turtle Protection a.m. (memorandum dated March 31,2015) ............................•---....---------••-....._.......- - ..2___ 04-2.06 Commissioner O'Bryan discussed discrepancies in County Code, Chapter 932 Coastal Management, Section 932.09 — Sea Turtle Protection. He said that wvhen Subsections (2)(f) and (4)(d) reference window treatments to block light shining onto the beach in turtle nesting season, the Code specifies windows facing the ocean; however, light may also emanate from windows located elsewhere in the home. He �yanted to amend the Code to clarify that light should not be emanating onto the beach from any windows. He also wanted to add language in the Code to clarify that lights should not illuminate either the beach ores, Director Boling said that it would be appropriate to update the Code to say "line of sight," instead of "facing the ocean." MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Solari, to direct staff to draft an Ordinance amending the Land Development Regulations, Chapter 932 Coastal Management,, Section 932.09 (2)(0 as follows: "...Tinted or filmed glass...£aeig the-eeefm-, to "...Tinted or filmed glass...in the Line of sight of the ocean..." and Section 932.09 (4)(d) as follows: Board of County Commission Minutes Page 15 AprU 7,2015 ��y./R�rr r �I1W4��G�5q 235 i "...Window treatments in windows of single and multistory structures ffleing-the-eeeim in the line of si ht of the ocean are required so that interior lights do not illuminate the beach and dune..." Attorney Reingold sought and received confirmation that- the Board wanted staff to draft the Ordinance, provide public notice, and bring it back to the Board for adoption. The Chairman CALLED TAE QUIESTION and the Motion carried unanimously. E. Commissioner Tim Zom None 15. SPECIAL DISTRICTS AND BO RDp A. Emer¢encv ServiRU District The Board reconvened as the Board of Commissione of the Emergency Services District. Those Minutes available separately. 11:00 1. Approval to Replace Seven (7) iac Monitors for Fire a.m. Rescue Division from M 'c Emergency Response Systems (memorandum dated.... .. 25,2015) 207-213 2. Add: Revised Imposition Article 34 (Salaries) 9:03 Firefighters/P edics Association Local 2201, International a.m. Associati of Fire Fighters(IAFF) 213A- 213K 9:10 3. d: Funding for a Temporary Housing Facility for Station a.m. No. 7 B. Solid Waste Dismal District 11:02 The Board reconvened as the Board of Commissioners of the Solid a.m. Waste Disposal District. Those Minutes are available separately. 1. Approval of Minutes Meeting of March 3,2015 2. Approval of Minutes Meeting of Manch 10,2015 i 3. Approval of Minutes Meeting of March 17,2015 Board of County Commission Minutes April 7,2015 Page 16 236 j PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, June 11, 2015 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, l Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.irc-gov.com/Boards/PZC/2015. Present were members: Chairman Polackwich, Sr., District 2 Appointee; Maria Caldarone, District 3 Appointee; Jordan Stewart and Todd Brognano, Members-at-Large. Absent were: Charles Rednour, District 1 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee; and Shawn Frost, non-voting School Board Liaison (all excused). Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief, Current Development; Roland DeBlois, Chief, Environmental Planning & Code Enforcement; Reta Smith, Recording Secretary; and Janice Meehan, Trainee. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none. Approval of Minutes ON MOTION BY Mr. Stewart, ONDED BY Ms. Caldarone, the members v unanimously (4-0) to approve the minutes a meeting of May 14, 2015, as presented. Public Hearings: Ch an Polackwich read the following into the record: PZC/Approved 1 June 11, 2015 F:IBCCWII CommitteesT&L2015—AGENDAS & MINUTEST&Z-06-11-15.doc 237 A. Orchid Quay, LLC; Request to Rezone t 41.95 Acres Locate ast of US #1 and North of 82nd Street from CG, General C mercial District, to OCR, Office, Commercial, Residential Dist r' (99070005) [Quasi-Judicial] Chairman Polackwich understood staff had re ved a request from the applicant to postpone this matter until August 1 015, as per a letter dated June 10, 2015 on file in the Commission Offic ; owever he decided to open the public hearing and vote on the matter. Chairman Polackwich opene a public hearing at 7:02 p.m. ON MOTION Mr. Brognano, SECONDED BY Mr. Stewart, members voted unanimously (4-0) to poste a the public hearing for Orchid Quay, LLC's R est for Rezoning until the August 13, 2015, :00 p.m. Planning & Zoning Commission meeting. The public hearing was closed at 7:03 p.m. Chairman Polackwich read the following into the record: —� B. Consideration of Proposed Amendments to County Sea Turtle Protection Lighting Regulations (Land Development Regulations Section 901 .03, Definitions, and Section 932.09, Sea Turtle Protection) [Legislative] Mr. Roland DeBlois, IRC Chief, Environmental Planning & Code Enforcement, reviewed the information contained in his memorandum dated June 4, 2015 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He related the Board of County Commissioners (BCC) had directed staff to draft an ordinance amending Land Development Regulation (LDR) Section 932.09 pertaining to sea turtle protection lighting restrictions; and further recommended that the area of restricted illumination be extended beyond the beach to-include dune areas. Mr. DeBlois compared the County's current ordinance with those of local jurisdictions and counties and the State model, and noted the proposed language revising the County's LDR definition of "illuminate" would be to eliminate the "visible from two feet or less in height" and replace it with "visible to an observer i on the beach". He continued the proposed language for window treatment requirements would eliminate "facing the ocean" and replace it with "within line- of-sight of an observer on the beach". ATTACHMENT PZC/Approved 2 June 11, 2015 F:\BCC\AII Committees\P&Z\2015—AGENDAS &MINUTESTU-06-11-15.doc 238 Mr. DeBlois stated it was staffs position that inclusion of the dunes would be inconsistent with the State model and other local or statewide ordinances and felt it was not necessary to provide'adequate protection based on the model ordinance. He added it would effectively eliminate the allowance of any lighting within or immediately adjacent to dune areas and would be problematic to enforce because private dune areas were not regularly monitored or accessible. Deputy County Attorney Bill DeBraal inquired how many code enforcement citations were issued for turtle lighting violations in 2014. Mr. DeBlois responded one citation had been issued, and advised each year staff sent out letters to oceanfront property owners reminding them of the requirements of sea turtle season, and sometimes it was necessary to undertake various means of follow- up enforcement actions, both formal and informal. Chairman Polackwich suggested changing the proposed ordinance language to: "detectable to an observer standing anywhere on the beach"; and where it said "All exterior light fixtures on the seaward and the shore- perpendicular sides of buildings (and on the landward side of buildings....), change the two "ands" to "ors". Mr. Stan Boling, IRC Community Development Director, agreed with the recommended changes. Chairman Polackwich opened the public hearing at 7:22 p.m. . The secretary administered the testimonial oath to those present who wished to speak on this matter. Mr. Miles Conway, 2340 South A-1-A, Vero Beach, came forward with a PowerPoint presentation, a copy of which is on file in the Commission Office, that he stated reflected the views of the South Beach Property Owners' Association and the Indian River Neighborhood Association. He maintained commercial transient boarding houses operating in residential neighborhoods close to or directly on the ocean were responsible for abusing the lighting regulations because renters had little or no knowledge of sea turtle nesting and critical habitat in front of the dwellings or when activities extended to the beach. Mr. Conway recommended adding revisions to the proposed amendment for the following reasons: • To explain to renters and their guests why sea turtle regulations are necessary and to identify the regulations; ATTAwfmuff 3 PZC/Approved 3 June 11, 2015 FMCC\All Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-06-11-15.doc 239 • To state the consequences for failure to adhere to the regulations, as in all code enforcements; • To identify the owner of the property as the responsible party for notifying the renter of these regulations; and • To establish the owner of the property as the responsible party for all compliance and non-compliance matters. Attorney DeBraal inquired if Mr. Conway had evidence to support his claim that the more vacation rentals occurred, the more sea turtle violations occurred. Mr. Conway pointed out permanent residents advised each other if a sea turtle nest was in the area so they could pull their blinds or adjust their lighting; however new batches of transient rental residents, unaware of lighting restrictions, projected lights onto the nests and disoriented sea turtle hatchlings. Mr. DeBlois opined there was no evidence to support the assertion that vacation rentals incurred more violations of sea turtle lighting than any other individual or group. Mr. Conway maintained there would be no way of knowing because 90% of all boarding houses were unlicensed. He wanted the ordinance to differentiate penalties for people using their own property for living as opposed to homeowners using their property as transient boarding houses or for events such as weddings or commercial uses as advertisement production. Mr. Conway also recommended including the dune and the berm in the definition of the protected area of the beach, and was in favor of the County hiring an outside attorney when issues involving transient rentals were brought before the Code Enforcement Board. Chairman Polackwich closed the public hearing at 7:56 p.m. ON MOTION BY Mr. Brognano, SECONDED BY Mr. Stewart, the members voted unanimously (4-0) to recommend the Board of County Commissioners approve the draft ordinance with the minor t language modification made by Chairman Polackwich. Mr. Boling suggested adding verbiage to annual notices sent out by staff prior to sea turtle nesting season stating beachfront property owners were responsible for the actions of anyone on their property that violate the lighting restrictions. ATTACHMENT PZC/Approved 4 June 11, 2015 F:\BCC%A11 Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-06-11-15.doc 240 i ON MOTION BY Mr. Brognano, SECONDED BY Ms. Caldarone, the members voted unanimously (4-0) to recommend the Board of County Commissioners that staff include verbiage in the annual letter to beachfront property owners that they inform any renter or visitor to their property about the turtle lighting ordinance and the owners were responsible for the actions of anyone on their property. Chairman Polackwich asked the members if anyone wanted to consider greater penalties for vacation rental violators. Nobody expressed interest in doing so and the issue was dropped. Mr. DeBlois noted there were provisions in the IRC Coastal Management element of the code relating to protection of the dune for uses that physically affected the dune, including protection against impacts to sea turtle nests. He added he knew of no other Florida county that went above and beyond the State model ordinance and felt inclusion of a dune illumination restriction area would set a precedent. It was the consensus of the PZC not to recommend an extension of the ordinance to include the dune. Chairman Polackwich inquired if the members were in favor of the County employing an outside attorney to present violations of turtle ordinance enforcement actions by vacation renters to the Code Enforcement Board. None of the members expressed an interest in making the above recommendation. Mr. Boling announced staff anticipated presenting this issue to the BCC on August 18, 2015, or at the Board's first meeting in September, 2015. For clarification, Chairman Polackwich asked for a separate motion not to extend the ordinance to include the dune area. ON MOTION BY Mr. Brognano, SECONDED BY Mr. Stewart, the members voted unanimously (4-0) to recommend the Board of County Commissioners not extend the turtle ordinance to include the dune area. ATTACHMEIfT 3 PZC/Approved 5 June 11, 2015 F:IBCCWII CommitteesT&Z12015 —AGENDAS & MINUTESIP&Z-06-11-15.doc 241 �gtvE,p INDIAN RIVER COUNTY Q Z COMMUNITY DEVELOPMENT DEPARTMENT �i 1801 27TH Street, Vero Beach FL 32960 * *, 772-226-1237/772-978-1806 fax �l-ORI�Q' www.ircgov.com [[Date]] RE: COUNTY SEA TURTLE PROTECTION REGULATIONS County records indicate you are the owner of a beachfront property located in unincorporated Indian River County. This letter is part of an annual mailing to all beachfront property owners regarding the county's sea turtle protection regulations. Please take time to look at the information provided in this letter. Background In 1987, Indian River County adopted sea turtle protection regulations that restrict beachfront lighting during sea turtle nesting season. Nesting season runs from March 1 to October 31 each year. Section 932.09 of the Indian River County Code of Ordinances sets forth parameters for artificial lighting, including requirements that: - Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach,or turned off after 9:00pm during the period from March 1"to October 31"of each year. - Lights illuminating dune crossovers or any areas oceanward of the dune line shall be turned off after 9:00pm during the period from March 1°'to October 31"of each year. - Window treatments in windows facing the ocean of single and multistory structures are required so that interior lights do not illuminate the beach. The use of tint or film on windows or awnings is preferred; however,the use of black-out draperies or shade screens are acceptable Beachfront lighting is regulated based on scientific documentation that such lighting can disorient sea turtle hatchlings. Disoriented hatchlings crawl toward artificial lighting instead of the ocean, and are subsequently eaten by predators, such as raccoons or stray cats, or they die from dehydration. In addition, adult turtles will frequently avoid nesting on lighted beaches. The best way to ensure that your property does not have lights visible from the beach is to view it from various locations on the beach at night. Observations should be made from locations north ATTACHMENT 4 242 and south of your property, as well as from directly east. Observations should also be made from locations low (near the water line) and high (near the dune) on the beach. If you are able to see the source of light(e.g., light bulb) within a fixture, that light is likely to cause problems for sea turtles. Under a 1992 fine schedule approved by county resolution, failure to correct the above referenced violation (s)can result in citations assessed at $50.00 for each day of the violation after a warning notice has been issued with 24 hours to comply. Indian River County can also bring sea turtle lighting violations before the code enforcement board,which can enter an order and fines(usually $100 per day) if compliance is not achieved by a board-established compliance date. Be advised that property owners are ultimately responsible for the actions of anyone on their proyerty that violates lighting restrictions including guests and renters and property owners will be subject to penalties accordingly. Indian River County has the privilege of being one of the most important sea turtle nesting areas in the Western Hemisphere. In addition, the county has a federally mandated Habitat Conservation Plan (HCP) for Sea Turtles in accordance with its permit to help protect beachfront homes from storm erosion. The.reduction of lighting impacts on nesting turtles is a part of the County's HCP. Therefore, your cooperation in minimizing beachfront lighting is greatly appreciated. If you have any questions concerning sea turtle regulations, please do not hesitate to call the Indian River County Environmental Planning and Code Enforcement Division at(772)226-1249. Sincerely, Roland M. DeBlois, AICP Chief, Environmental Planning I ATTACHMENT 4 243 i I i CHAPTER 6213-55 MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION 6213-55.001 Purpose and Intent. 62B-55.002 Definitions. 6213-55.003 Marine Turtle Nesting Areas. 6213-55.004 General Guidance to Local Governments. 62B-55.005 Prohibition of Activities Disruptive to Marine Turtles. 62B-55.006 Model Standards for New Beachfront Lighting. 6213-55.007 Model Standards for Existing Beachfront Lighting. 62B-55.008 Proposed Enforcement and Penalties. 62B-55.009 Monitoring and Reporting Guidance. 62B-55.001 Purpose and Intent. The purpose of this rule is to implement Section 161.163,Florida Statutes,which requires the department to designate coastal areas utilized,or likely to be utilized,by sea turtles for nesting,and to establish guidelines for local government regulations that control beachfront lighting to protect hatching sea turtles.This Wile is intended to guide local governments in developing ordinances which will protect hatchling marine turtles from the adverse effects of artificial lighting,provide overall improvement in nesting habitat degraded by light pollution,and increase successful nesting activity and production of hatchlings. Specific,4ulhorlty 161.163 FS Law Implemented 161.163 FS.history-New 3-30-93,Formerly 16B-55.001. 62B-55.002 Defwitions. (1)"Artificial light"or"artificial lighting"means the light emanating from any human-made device. (2)"Beach"means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form,or to the line of permanent vegetation, usually the effective limit of storm waves. (3)"Bug"type bulb means any yellow colored light bulb that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light. (4)"Coastal construction activities"means any work or activity that is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes. (5)"County"means Bay,Brevard,Broward,Charlotte,Citrus,Collier,Dade,Dixie,Duval,Escambia,Flagler,Franklin,Gulf, Hernando, Indian River, Jefferson, Lee, Levy, Manatee, Martin, Monroe, Nassau, Okaloosa, Palm Beach, Pasco, Pinellas, St. Johns,St.Lucie,Santa Rosa,Sarasota,Suwanee,Taylor,Volusis,Wakulla,and Walton Counties. (6)"Cumulatively illuminated"means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach. i (7)"Department"means the Florida Department of Environmental Protection. (8)"Directly illuminated"means illuminated as a result of glowing element(s),lamp(s),globe(s),or reflector(s)of an artificial light source which is visible to an observer on the beach. (9)"Dune"means a mound or ridge of loose sediments,usually sand-sized,lying landward of the beach and deposited by any natural or artificial mechanism. (10)"Frontal dune"means the first natural or man-made mound or bluff of sand which is located landward of the beach and which has sufficient vegetation,height,continuity,and configuration to offer protective value. (11)"Ground-level barrier"means any vegetation,natural feature or artificial structure rising from the ground which prevents beachfront lighting from shining directly onto the beach-dune system. (12)"Hatchling"means any species of marine turtle,within or outside of a nest,that has recently hatched from an egg. (13)"Indirectly illuminated"means illuminated as a result of the glowing element(s), lamp(s),globe(s),or reflectors)of an artificial light source which is not visible to an observer on the beach. (14) `Local government" means any county listed in (4) above and any municipality, community development district, or special taxing district within those counties. (15)"Marine turtle"means any marine-dwelling reptile of the families Cheloniidae or Dermochetyidar found in Florida waters or using the beach as nesting habitat, including the species: Caretta carrua(loggerhead), Chelonia mydas(green),Dermochelys coriacea(leatherback), lsrrtnwchelys irnbricata (hawksbill), and Lepidochelys kempi(Kemp's ridley). For purposes of this rule, marine turtle is synonymous with sea turtle. (16)"Nest"means an area where marine turtle eggs have been naturally deposited or subsequently relocated. (17)"Nesting season"means the period from May 1 through October 31 of each year for all counties except Brevard.Indian River,St.Lucie,Martin,Palm Beach,and Broward.Nesting season for Brevard,Indian River,St.Lucie,Martin,Palm Beach,and Broward counties means the period from March 1 through October 31 of each year. (18)"Nighttime"means the locally effective time period between sunset and sunrise. ATTACHMENT 5 - 40 244 I 0 9) "Person" means individuals, firms, associations, j1oint ventures, estates, trusts, syndicates, fiduciaries, corporations,and all other groups or combinations. 1 (20) `Tinted glass"means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45%or less Such transmittance is limited to the visible spectrum (400 to 700 nanometers)and is measured as the percentage of light that is transmitted through the glass, SpecficAuthority 161.163 FS.Lmv Implemented 161.163 FS History-,dew 3-30-93,Formerly 168-53.002. 62B-55.003 Marine Trifle Nesting Areas. Scientific investigations have demonstrated that marine turtles can nest along the entire coastline of the state.Historical data are not sufficient to exclude arty county as an area utilized by marine turtles for nesting.For the purposes of this Wile,however,the coastal areas of the state utilized, or likely to be utilized, by marine turtles for nesting include all beaches adjoining the waters of the Atlantic Ocean,the Gulf of Mexico,and the Straits of Florida and located within Bay,Brevard,Broward,Charlotte,Collier,Dade, Dural,Escambia,Flagler, Franklin,Gulf,Indian River,Lee.Manatee,Martin, Monroe,Nassau,Okaloosa, Palm Beach,Pinellas, St.Johns,St.Lucie,Santa Rosa,Sarasota,Volusia,and Walton Counties;and all inlet shore]ines of those beaches. Speck Authority 161.63 FS.Lax Implemented 161.163 FS.History-New 3-30-93,Formerly 16B-55.003. 6213-55.004 General Guidance to Local Governments. (1) The responsibility for protecting nesting female and hatchling marine turtles should be a joint responsibility of local government and the department- Local governments are encouraged to adopt, implement, and enforce the guidelines provided herein to assist in that responsibility. Local governments that have adopted less stringent regulations should consider amending existing ordinances to provide greater protection to nesting marine turtles and hatchlings. In the process of implementing these guidelines,the following management goals should also be considered by local governments: (a) Public Awareness. Any person submitting an application for coastal conduction activities within the jurisdictional boundaries of the local government should be informed of the existence of and requirements within the local govemmenfs ordinances concerning artificial lighting and marine trade protection. (b)Local Government-Department Communication.Upon adoption of these guidelines,a system of communication between the local government and the department should be developed if it does not already exist. Protection of marine turtle nesting habitat,nesting females,and hatchlings is greatly enhanced when local governments manage their beaches and coastal activities in a manner consistent with prudent marine turtle conservation strategies. The depaitatent is ready to assist local governments by providing such conservation information and other technical assistance. (c) Inter-Governmental Cooperation. Upon adoption of these guidelines, local governments should develop a system for receiving copies of permits issued by the department, the Department of Environmental Protection, or the United States Army Corps of Engineers for any coastal construction within the local government's jurisdiction. Activities permitted by these agencies should be assessed for compliance with the local government's lighting ordinance. (d) Enforcement. Local governments should develop a process for the consistent and effective enforcement of adopted guidelines. This process should include at least one compliance inspection of the beach conducted at night prior 10 the commencement of the main portion of the marine turtle nesting season and one compliance inspection conducted during the marine turtle nesting season. (2) The department considers the provisions of this chapter to be minimum guidelines for the protection of nesting habitat, nesting females, and hatchling marine turtles from the negative effects of artificial lighting. More stringent standards for marine turtle protection may be adopted by local governments. Prior to adoption of any additional standards, local governments are encouraged to consult with the department to ensure that the proposed standards are consistent with the guidelines set forth herein and with all other applicable department rules. SpecifrcAuthority 161.63 FS Low,Implemented 161.163 FS.History-New,3-30-93,Formerly 16B-55.004. 6213-55.005 Prohibition of Activities Disruptive to Marine Turtles. The following activities involving direct illumination of portions of the beach should be prohibited on the beach at nighttime during the nesting season for the protection of nesting females,nests,and hatchling marine turtles: (1)The operation of all motorized vehicles,except emergency and law enforcement vehicles or those permitted on the beech for marine turtle conservation or research. (2)The building of campfires or bonfires. Specific Authority 161.63 FS.Law Implemented 161.163 FS.History New 3-30-93.Formerly 168-55.005. 6213-55.006 Model Standards for New Beachfront Lighting. In order to provide the highest level of protection for nesting marine turtles and their hatchlings,local governments should adopt all of the following standards for artificial light sources on all new coastal construction: (1)Exterior artificial light fixtures shall be designed and positioned so that: 1 41 AMMENT 5 245 i (a)The point source of light or any reflective surface of the light fixture is not directly visible from the beack (b)Areas seaward of the frontal dune are not directly or indirectly illuminated;and (c)Areas seaward of the frontal dune are not cumulatively illuminated. (2)Exterior artificial light fixtures within direct line-of-sight ofihe beach are considered appropriately designed if (a) Completely shielded downlight only fixtures or recessed fixtures haying low wattage (i.e., SO watts or less) "bug"type bulbs and non-reflective interior surfaces are used:Other fixtures that have appropriate shields,louvers,or cut-off features may also be used if they are in compliance with paragraphs(1)(a),(b),and(c)above;and (b) All fixtures are mounted as low in elevation as possible through use of low--mounted wall fixtures, low bollards, and ground-level fixtures. (3)Floodlights, uplights or spotlights for decorative and accent purposes that are directly visible from the beach, or which indirectly or cumulatively illuminate the beach,shall not be used. (4)Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detector switches that keep lights off except when approached and that switch lights on for the minimum duration possible are preferred. (5)Only low intensity Iighbng shall be used in parking areas within line-of-sight of the beach.Such lighting shall be- (a)Set on a base which raises the source of light no higher than 48 inches off the ground;and (b)Positioned or shielded so that the light is cast downward and the source of light or any reflective surface of the light fixture is not visible from the beach and does not directly or indirectly illuminate the beach. (6) Parking areas and roadways, including any paved or unpaved areas upon which motorized vehicles will park or operate, shall be designed and located to prevent vehicular headlights from directly or indirectly illuminating the beach. (7) Vehicular lighting, parking area lighting, and roadway lighting shall be shielded from the beach through the use of ground-level barriers.Ground-level barriers must not interfere with marine turtle nesting or hatchling emergence,or cause short-or long-term damage to the beach/dune system. (8)Tinted glass shall be installed on all windows and glass doors of single or multi-story structures within line-of-sight of the beach. (9)Use of appropriately shielded low pressure sodium vapor lamps and fixtures shall be preferred for high-intensity lighting applications such as lighting parking areas and roadways,providing security,and similar applications_ (10)Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the standards of this section. Spe4fic Aruhority 161.63 FS.La►r Implemented 161.163 FS.History M",3-30-93,Formerly 16B-55.006. 62B-55.007 Model Standards For Existing Beachfront Lighting. In order to provide the highest level of protection for nesting marine turtles and their hatchlings,local governments should adopt all of the following standards for existing artificial beachfront lighting sources: (1)Existing artificial light fixtures shall be repositioned,modified,or removed so that: (a)The point source of light or any reflective surface of the light fixture is not directly visible from the beach; (b)Areas seaward of the frontal dune are not directly or indirectly illuminated;and (c)Areas seaward of the frontal dune are not cumulatively illuminated. (2)The following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting: (a)Reposition fixtures so that the point source of light or any reflective surface of the light fixture is no longer visible from the beach; (b)Replace fixtures having an exposed light source with fixtures containing recessed light sources or shields; (c)Replace traditional light bulbs with yellow"bug"type bulbs not exceeding50 watts; (d)Replace non-directional fixtures with directional fixtures that point down and away from the beach; (e)Replace fixtures having transparent or translucent coverings with fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance below the bottom edge of the fixture on the seaward side so that the I ight source or any reflective surface of the light fixture is not visible from the beach, (f) Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface of the light fixture is not visible from the beach; (g)Replace incandescent,fluorescent,and high intensity lighting with the lowest wattage low pressure sodium vapor lighting possible for the specific application; (h)Plant or improve vegetation buffers between the light source and the beach to screen light from the beach; (i)Construct a ground level barrier to shield light sources from the beach.Ground-level barriers must not interfere with marine turtle nesting or hatchling emergence,or cause short-or long-term damage to the beach/dune system; 6)Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (3)The following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach: B'ia TAGNMFj ` Jr 42 246 i (a)Apple window tint or 51m that meets the standards for tinted glass, (b)Rearrange lamps and other moveable fixtures away from windows; (c)Use window treatments(e.g.,blinds,curtains)to shield interior lights from the beach;and (d)Turn off unnecessary lights. Specific Authority 161.63 FS.Law Implemented 161.163 FS.History-New•3-30-93,Formerly 16B-55.001 62B-55.008 Proposed Enforcement and Ptualties- Enforcement, appeal, and remedy of matters related to this chapter should be regulated pursuant to procedures established under local ordinances. Penalties for non-compliance should be established and should be sufficient to discourage violations. Enforcement capability should be adequate to respond to possible violations within the timeframe necessary to prevent continued and prolonged impacts to marine turtles and hatchlings. Specific Authority 161.63 FS:Law Implemented 161.163 FS Historl-New3-30-93,Formerh,16B-55.008. 62B-55.009 Monitoring and Reporting Guidance. The following information should be compiled on an annual basis and submitted to the department. (1)Number of lighting applications reviewed; (2)Number of potential violations reported; (3)Number of potential violations investigated; (4)Disposition of all potential violations including results of enforcement actions and amounts of penalties assessed; (5)Results of compliance checks conducted prior to and during the marine turtle nesting season;and (6)Status of local lighting ordinances and any amendments to those ordinances. Specific Authority 161.63 FS.Law Implemented 161.163 FS.History-New-3-30-93,Formerly 16B-55.009. 43 247 I ORDINANCE 2015- 9/11/15 DRAFT AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, AND CHAPTER 932, COASTAL MANAGEMENT; BY AMENDING SECTION 901.03, REVISING THE DEFINITIONS OF "ILLUMINATE" AND "TINTED OR FILMED GLASS"; BY AMENDING COASTAL MANAGEMENT SECTION 932.09, SEA TURTLE PROTECTION; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIO " OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNT D DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, A "' HAPTER 932, COASTAL MANAGEMENT, BE AMENDED AS FOLLOWS: r , .T SECTION#1: Amend LDR Section 901.03, Definitions of "II urinate" d "Tinted or d lass," as follows: r Illuminate to brighten by means of artificial lighting.. J plication to sea turtle '.. p protection regulations, (reference Chapter 932), ' any ource which is i t visible ` em (2) feet ' � height `th a' " to an ob r st ndin anywhere on the as vasa uu au beach, or any lightiet source not directlyvisible from the beach bu hich indirectly creates a discernible shadow on the beach area bv means of reflection sha / e considered to directly or indirectly illuminate that portion of the beach gu �aqus by nesting sea turtles, and shall be considered in violation = Turtle Prot n Ordin Tinted or filmed gla ow glIV hick as has n covered with non-reflective window tint or film such that the mate' C- has a able transmi (the percent of incident radiation passing R through a window) of forty= v`A les s measured from center-of- lass. SECTIO r - Am rr Coastal Ma ` ent "' on 932.09, Sea turtle protection, as follows: Section 932.0' turtle pr t ction. (1) Purpose. The " "se , f this section is to protect the threatened and endangered sea turtles s•" .., which nest along`tl 'beaches of Indian River County, Florida, by safeguarding adult and hatchline sea to es the hatehlings bem sourees from the impacts of ailmeisl light. The regulations of this section also serve as a light management mechanism in furtherance of Indian River County's Sea Turtle Habitat Conservation Plan (2) New development. It is the policy of the Indian River County board of county commissioners that no alrMeial light illuminate any area of the beaches of unincorporated Indian River County, Florida, during the period of the year when sea turtles nest (March 1 to October 31). To meet this intent, building and electrical plans for construction of single-family or multifamily dwellings, commercial or other structures, parking lots, dune walkovers, and other ATTACHMENT Bald Underline: Additions to Ordinance 1 Stere-dffeu& Deleted Text from Existing Ordinance 248 M:UAR1932.09 sea turtle lighting amend12015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc ORDINANCE 2015- 9/11/15 DRAFT i outdoor lighting for real property, if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following: (a) Floodlights shall be prohibited. All exterior light fixtures on the seaward or shore-perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach shall be fitted with hoods shields and directed downward so that no light directly or indirectly illuminates the beach. Such lighting shall be lameed with a lona wavelength light source. such as amber or redI' ht emitting diodes (LED), low erasure sodium, or true red neon It has been recommended by the Florida Fish and Wildlife ConservAtiOn Commission that no such light source emit light below 560 nanometers LUBMIZ, (b) Pole lights shall be shielded in such a way that light will, o i inate areas other than the specific property boundaries of the subject site shall A reet or indi et illuminate the beach or dune area on the seaward o a pole. or lighting shall be held to the minimum necessary for security_and eenvenienee. (c) Low-profile downward directed lumin ith shields if necessa a used in parking lots, and such lighting shall be osi so o light directly or indirectiv illuminates the beach. (d) Dune crosswalks shall utilize low,-profile, shielded"downward directed luminaries so that no hebt directly or indirectly illuminates the beach. (e) Lights on balconies shall be low-iprofile, shielded and downward directed fitted-with heeds so that lights will not d r t o indirect 1", inaskihe beach. (0 Tinted or filmed OassAall be used i ows an ass doors ffteing the oeean within line ht o r standin here o /the beach on single and multistory structures. (g) Temporary sec y lights construction-s shall not be mounted more than fifteen (15) feet above the gro ights shall not spread beyond the boundary of they fib. leg ed, anicase shall those lights directly or indirectly (3) opt lighting'a" val. P�A '` the issuance of a certificate of occupancy for any new deve ent within vi p f the r ch, compliance with the beachfront lighting standards set forth in � ,rdinance sh "l2e approved as follows: (a) Upon letion o e construction activities, the building contractor shall provide written c ' ca ' to county staff that the beachfront li htingy standards of this section have"' met and the county staff shall conduct a site inspection to verify the contractor's certification (b) findin ini 1. The date and time of initial ; • i 3. All areas of observed noneewpoli-anee, if applienble; ATTACHMENT (61Bold Underline: Additions to ordinance Sttilee-threeglt Deleted Text from Existing ordinance 2 249 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc 1 ORDINANCE 2015- 9/11/15 DRAFT i i The envireaments-1 , in In cases where remedial action is necessary, county shall notify the owner or developer of the results of the inspection and shall schedule a date and time for a subsequent inspection to verify that required modifications have been made for compliance with this ordinance. (4) Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: (a) Lights illuminating buildings or associated grounds for decor4"- recreational purposes shall be shielded or screened such that they do not direct or * directiv illuminate on ne isible-femme the beach, or turned off after 9:00 p.m the period from March 1 to October 31 of each yeart= (b) Lights illuminating dune crosswalks of or any oc ward landward side of the dune line shall be turned off after 9:00 p. ,- urin fro lVlar g a period ch 1 to October 31 of each year and shall not directly irWly Mumin to the beach (c) Security lighting shall be permitted througho ni Ong as low-pr a luminaries are used and screened in such a way that th is do not directly or indirectly illuminate the beach. Motion detec °witches sye-e>seeur�tge� wa= used. . , F.� (d) Window treatments in windows wit'in, e-of-si ht of an observer standine anywhere on the beach sing ultisto ctures are required so that interior lights do not illuminate the < e zF - .�pop-reflective tint or film on windows or awni <is ferred; how , the use o lack-out draperies or shade screens will suffice. fe) All exterior light fixtures on the seaward or shore-perpendicular sides of buildings,or on the landward aide of buildings if the fixtures are visible from the beach, shall be 11401120 with a long wavelength Gght source, such as amber or red light emitting diodes (LED). low pressure sodium, or true red neon It has been recommended by Ill orids Fish and it a Conservation Commission that no such Uaht source mit Hght bel 560 pan mete13 UM). (5) Publicly d lighting. $ eet lights and lighting at parks and other publicly owned beach access areas P,. sub' to the following: (a) Whenever y street lights shall be located so that the bulk of their illumination will travel away fr f the beach. The lights shall be equipped with shades or shields that will prevent backl ghting and render them not visible from the beach. (b) Lights at parks or other public beach access points shall be shielded or shaded. SECTION#3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated Bold Underline: Additions to Ordinance S etgh- Deleted Text from Existing Ordinance 3 2 50 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc ORDINANCE 2015- 9/11/15 DRAFT from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDIN ;.• S The provisions of this Ordinance shall become and be made of the Code of Laws and Ordinances of Indian River County, Florida. The sections of r ` ' a may be renumbered or relettered to accomplish such, and the word "ordinance" m chang W-V "section", "article", or any other appropriate word. SECTION#6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the De R �e f te. This ordinance was advertised in the P -Journal on the day of , 2015, for a public hearing to be held on the at which time it was moved for adoption by Commissioner s ded by Co oner , and adopted by the following vote: ;r. .t y- 3t F irm esley S. Davi 4 Vic rman c issl ph E. Flescher Co issio r Tim Zorc x Co issioner Peter D. O'Bryan ' BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2015. BY: Wesley S. Davis, Chairman AtTwcaAIENT 1 6 Bold Underline: Additions to Ordinance Shike-d4 ough- Deleted Text from Existing Ordinance 251 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc ORDINANCE 2015- 9/11/15 DRAFT i ATTEST:; Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Cle,_ This ordinance was filed with the Department of State on the fo Lo in`d$te: 4 APPROVED AS TO FORM AND LEGAL SUFFICIE z Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTE Stan Boling, AICP; Co .Q unity lopment Di for F "L. i 1 ATTACHMEIVT 6 Bdd Underline: Additions to Ordinance Sbike-through Deleted Text from Existing Ordinance 5 252 M:XLDRV32.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted drafl.doc I`I I ORDINANCE 2015- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, AND CHAPTER 932, COASTAL MANAGEMENT; BY AMENDING SECTION 901.03, REVISING THE DEFINITIONS OF "ILLUMINATE" AND "TINTED OR FILMED GLASS"; BY AMENDING COASTAL MANAGEMENT SECTION 932.09, SEA TURTLE PROTECTION; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, AND CHAPTER 932, COASTAL MANAGEMENT, BE AMENDED AS FOLLOWS: SECTION #I: Amend LDR Section 901.03, Definitions of "Illuminate" and "Tinted or filmed glass," as follows: Illuminate to brighten by means of artificial lighting. In application to sea turtle protection regulations, (reference Chapter 932), illufainate means any light source which is directly visible &em two (2) feet or- less in height on the beseh or-ea to an observer standing anywhere on the beach, or any lighting source not directly visible from the beach but which indirectly creates a discernible shadow on the beach area by means of reflection, shall be considered to directly or indirectly illuminate that portion of the beach regularly frequented by nesting sea turtles, and shall be considered in violation of the Sea Turtle Protection Ordinance. Tinted or filmed glass window glass which as has been covered with non-reflective window tint or film such that the material has a visible transmittance (the percent of incident radiation passing through a window) of forty-five (45) percent or less, as measured from center-of-glass. r SECTION#2: Amend LDR Coastal Management Section 932.09, Sea turtle protection, as follows: Section 932.09. Sea turtle protection. (1) Purpose. The purpose of this section is to protect the threatened and endangered sea turtles which nest along the beaches of Indian River County, Florida, by safeguarding adult and hatchling sea turtles the hatehlings from SOUFees from the impacts of ardfleial light. The regulations of this section also serve as a light management mechanism in furtherance of Indian River County's Sea Turtle Habitat Conservation Plan (2) New development. It is the policy of the Indian River County board of county commissioners that no ard€eial light illuminate any area of the beaches of unincorporated Indian River County, Florida, during the period of the year when sea turtles nest (March 1 to October 31). To meet this intent, building and electrical plans for construction of single-family or multifamily dwellings, commercial or other structures, parking lots, dune walkovers, and other Bold Underline: Additions to Ordinance ATTACHMENT 71 Strike thmugh! Deleted Text from Existing Ordinance 253 WIM932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015- outdoor lighting for real property, if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following: (a) Floodlights shall be prohibited. All Wall moan" exterior light fixtures on the seaward or shore-per>Dendicular sides of buildings or on the landward side of buildings if the fixtures are visible from the beach, shall be fitted with heeds shields and directed downward so that no light directly or indirectly illuminates the beach. Such lighting shall be lamped with a long wavelength light source such as amber or red light emitting diodes (LED), low Pressure sodium, or true red neon It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit light below 560 nanometers (nm) (b) Pole lights shall be shielded in such away that light will not illuminate areas other than the specific property boundaries of the subject site and shall not directly or indirectly illuminate the beach or dune area on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security_"d eonvenienee. (c) Low-profile downward directed luminaries, with shields if necessary, shall be used in parking lots, and such lighting shall be positioned so that no light directly or indirectly illuminates the beach. (d) Dune crosswalks shall utilize low-profile, shielded downward directed luminaries so that no light directly or indirectly illuminates the beach (e) Lights on balconies shall be low-Profile, shielded and downward directed €ittad ---ith heeds so that lights will not directly or indirectly illuminate the beach. (f) Tinted or filmed glass shall be used in windows and glass doors feeing the eeean within line-of-sight of an observer standing anywhere on the beach on single and multistory structures. (g) Temporary security lights at construction-sites shall not be mounted more than fifteen (15) feet above the ground. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights directly or indirectly illuminate the beach. (3) Beachfront lighting approval. Prior to the issuance of a certificate of occupancy for any new development within view of the beach, compliance with the beachfront lighting standards set forth in this ordinance shall be approved as follows: (a) Upon completion of the construction activities, the building contractor shall Provide written certification to county staff that the beachfront lighting standards of this section have been met, and the county enidrenmental planaff stall'shall conduct a site inspection -Or-ned on to verify the contractor's certification (b) The enAr-eamental planner sh-a-11 prepare and report the inspeetien findings 4a .Ang., 1. The date and time of Wtial laspeetion; 2. The extent of eamplianee-with-the 3. Atl areas of obsen-ed if fipplieabW, ATTACHMENT � Bold Underline: Additions to Ordinance Stwke4ueeghi Deleted Text from Existing Ordinance 2 254 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015- . neneompnppliesbW. in In cases where remedial action is necessary, county staff shall notify the owner or developer of;the results of the inspection and shall schedule a date and time for a subsequent inspection to verify that required modifications have been made for compliance with this ordinance (4) Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: (a) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they do not directly or indirectly illuminate off netAsible the beach, or turned off after 9:00 p.m. during the period from March 1 to October 31 of each year;_ (b) Lights illuminating dune crosswalks of or any areas oceanward of the landward side of the dune line shall be turned off after 9:00 p.m. during the period from March 1 to October 31 of each year and shall not directiv or indirectly illuminate the beach (c) Security lighting shall be permitted throughout the night so long as low-profile luminaries are used and screened in such a way that those lights do not directly or indirectly illuminate the beach. The use o ---Motion detector switches h may be used. (d) Window treatments in windows feeing the oeean es within line-of-sight of an observer standing anywhere on the beach on single and multistory structures are required so that interior lights do not illuminate the beach. The use of non-reflective tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice. (e) All exterior light fixtures on the seaward or shore-perpendicular sides of buildings or on the landward side of buildings if the fixtures are visible from the beach, shall be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED). low pressure sodium, or true red neon It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit fight below 560 nanometers (nm). (5) Publicly owned lighting. Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following: (a) Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. The lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach. (b) Lights at parks or other public beach access points shall be shielded or shaded. SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated ATTACHMENT 7 Bold Underline: Additions to Ordinance 3 £hw4hFough- Deleted Text from Existing Ordinance 255 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc f { i ORDINANCE 2015- from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE a This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press-Journal on the day of , 2015, for a public hearing to be held on the day of , 2015, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2015. BY: Wesley S. Davis, Chairman ATTAcHMENT 7 Bold Underline: Additions to Ordinance 4 8bike4hF9u&. Deleted Text from Existing Ordinance 256 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc 1. 1 t ORDINANCE 2015- ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND GAL SUFFICIENCY 0an old, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP ommunity Development Director ATTACHMENT 7 I� I I Bold Underline: Additions to Ordinance 5 S&ike t Deleted Text from Existing Ordinance 257 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ) t Treasure Coast Newspapers TCPALMTC Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION 5 STATE OF FLORIDA I COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO# 463755-INDIAN RIVER CO PLANNING DEPT 673688 Public Hearing:9/22/15.Sea Turtle Hearing:9/22/15 Pub Dates September 7,2015 Sworn to a d su scn ed before me this da o, eptember 04,2015,by who is Sherri Cipriani (X)personally known to me or ( )who has produced as identification. Sandra Coldren Notary Public •:'Fr.�Iii SANDRACOLDP,EN -: MY COMMISSION#FF 004035 EXPIRES;April i 2017 P,onded TBru Notary Puhlic Underwriters i r 06*Monday,September 7,2015 r TRFASt1RE COAsr NEwspAPERs Notice TO Creditors Other Pi761k Notl[PS' �Puhlic NOU� �blic rlDdces R_epu_e_st for Btds Rerluestfor6ids P.ODm Lin NOTICE OF FORFEITURE He Ciry a7 Fort Pkrte.Flw- procedures.g I, t H en obodged. is pl fitcation I:L Stuart ibritla 1,995 COMPW NT ba b sNMNM fo Septem- turtle pro[ttdon righUnyy News wN be at Ne repueA Ttlephone(]R)220-0112 her I0,1015 at 1:30 pm b Its staMazds for coastal deve} Op�en FHCM Year. 1 Ne Stlecdon Caodttee. �.r Fax:(T]2)II40,IZ On Idy 11.1015,In SL Lurie CentrM Office Board Room, pment IMMin9 a revisim flay L IDIS- Resdts wlU hep ted at lSOl Q E-OWI: County Florida.Me MeriH 511 Oralge Avenue.Fort that all mas[al If wnih- 1orIe 30,N16 5W Bayyhpr!EIV port M _ saakerp®beUroutMet seittd rad Adds s1.5 wIN Plena.8=3195 In Ime-o4zipinof an Obzem Wde,FL N9G by a:30 pm� fir• Sttondaarryy EMaO: US CURRENCY.A complain[ pease call(TTO a39.6<1l to landNyy ywAare on the Resconee We date: Friday.November 41O1i L BeUiFlinriaw®aruLL can bas hem IUM N Na Chcvlt fhm your attendanw ppyN slWl De wOlttl to sea September 15.2016 et M0 Pok Septembw T,2015 0 3 Pub:SeptemOer 1.15,2015 Court in SL Lucie County. Pub:September 1,1015 tuNeli99hdn9 requMibns. 0.m TCN685961 ` TCN 6]6965 Florida. Court Case Na: TCN 610766 A mg d the a adi- r INTHECEI-TCOURTFOR SUDLICAPO1S510C%%%%. NOTICE OF PUBLIC HEAR)NG b aV.GA Ie at Nt Sal-(-MB be made in COUNCIL ON AGING OF ST. C MARTIN COUNTY,FLORIDA Planning Division office accordance with Ne a0en LUCIEINGS RE UESi FOR LD PROBATE DIVISION Adorn W Fettemun Notke of a hearbp d mnsld- located fn Ne c un4 mes compe[Idve PrOmre- STATEMENT OF Q CASE NO_2015 1i`CP General Lgumd a cedHon Tor Int tlodN. LY development divisbn on an t Droc<ss that IrclWes Qp�FlGTON5 SL facia County SAvdfPs aEaMomnmt and v Uon Ne firs[ilmr f N<Cpun- evaluation al Ne State- U) IN RE:ESTATE OF office 7 a 10'aid!riybt-ol-way tY Adminittradw Complex nes Of OualllkaUm.Nter Cpurd On A9ingrsanp f- iRANCL51.VAIFNIINO pup Sephumber T,16,1015 tYln9 between lard Avemle Bugtlin9"A- Anyon who 1 Ne Selection Camm�ttwl it rpad]ation'ff.ded, Dtteaud. eM 119N Lou 12 ad)acem Ywi511H aPp<al any deci N part wiN Federal,State TCN 679901 to ln[slituouggniaocki Of Slon,which may be made Sesd�wiIlWDostedPmt SL art LOtal grant funding N r•' NOTICETOCREDITORS pUBIIC NOTICE- Ne Tmpkal YaaOe Estates t olds treetlnp,wlU need ysbw BBhhda.. pmAde s0lyl swvices antl The dministration f the Effewhe September 28.1015, Subdhlslon A Wbnc dear• to erdurc Nat a vMatrm Lucie•FL 3<9Ba by SJO pm, transpprtatim tp Ne rest >y N tate Of FRANCIS 1.VAL, Or.OOMId Hoffman MU m Dn0.at wNN parties in brow- rd of Ilre proceedin95)s Friday.November 6,203i dents o/5L Lucie County. ♦. EElsmnO.deceased.date of Imgv be emdoyed py Mar- I art cidzen5 snag nave an mace,wldch mdudes fes- Pub:SeptemOw 1,2015 emncs m AObp of SL Lucia N dead November 16,201,.U tin Mabe Grau0.Pazienl rapppoorrtt ry ro be newd.wiU dmom and eddence upon TCN 681938 me Invites ouauned Inde- pend'u In Ne Cbcat Court rds wet be mabWned be htltl MUie Bmrd OfCmm hich dre dpRalHbaseE. COUNCIL ON AGING OF ST. pendent C<r4/fed PUMic '3 for Mar;Cour[[yyibddb t 1651 SE TH-.7 tyy Corn dso. rs pi Indian Piease direct plarWnO-rcMi' LUGS,INGSREQUEST FOR AttmMn9 fima,Uansed'm O Renate Dhisron.IheMNess PL SL MIN 31952.tek- RMr County.Fhrida b Ne ad rIuesdoni H He emhm- STATEMENT OF the State of Fbrida H suR d"icb1b P.0.8ox9016.Stu- phone LTT2)398-1600.You County tommissnm' GMm- lel darudnq secUon at Q"UFICATONS Mt letters of W-and U art L 36991 TAe pe sono may na e a copy Of your ba s of M County Admb s 236 133]. $tatrmm 5 of Qu r AI representa[he's arty Ne par- metlkal rewrd b,-,-ed tratbn BUBdirg,located e, ANYONE WHO NEEM ASPS- Cpnpneq sun Aglrp Is a Private, asW Experience fw tM pw- L •` Sonat representative's a[tw- to a Dhysklan of your c rake 18011TH Street Vwo Beach, GAL ACCOMMODATION FOP profit aganlTatbn sup• formana of An examdWm my names art addresses At m durpe WN a sigxd Florida.on T=. I, TH15 MEETING MUST CON- paced,M past th Federal, f the financial natemecr, R set forth btlow. thpdratbn. bet 22,2015 a 9:00 AM. TACT THE COUNTY'5 AMER. Shoe art foal grant IUM- and records of Ne Canmml All rseditors of Me decedmi Pub:AAuugquusst 1T.31,M. A` who Y,wish.to ICONS WITH DISABILITIES U m p",somal urvkes A" of SL tptl<,hu,for T Moder persons having September T,2015 appal arty d=_wWch ACT(ADA)COORDINATOR AT tl trarUporNUm to Ne final year 2031 N acmr- S darts h demaMs against TON61356, may be ohatle At this meet- N6ADVANCE Of TME NEE(• Wmts 015E Ludo CamtY- w•"e wiN Ne,outgo Goa Ne deredentY estate.an NOTICE 3 F sea rxed oo ensure Nat CmncO On Aging Of SL Lutle t Aud'-o Standards whom a copy d His rnoUx Is rbadn fecord G Ne ENG Inc u uekin0 aNened meal ('Yetlpw BmL�rand the legal Fulrtd H be served must RGTowers.LLCH ProR".r to y Mkr� de which �lpvbws N supply tort for art regWatay regullements RC V P,.�� estlrtpny Cant OITI ON THE LATER OF tTHE DATErctghtt mot a 12 foa�°vpaprda0 I41dnNeS Uw t wnilJr tin IBO D ORITMO y =any prps•Idw prpNde to OMB A-113 Mq He Single OFsw THEERSHS AT WBUCATION stealN tekcomrtwNwUone �Dp°Al w'a be based' BY:Wesley iEDaNz.tlM4man !6.000ngte0ate meal; Interested of I shdild suR C OF THIS ERTHE DACE OR 300AY5 trucUue off Cam CIub INDIAN RIVFA COUNTY Puk SEpooembw T,1015 93.000 meals Dare m tot naddree copies Ona.mated• V �•' AFTER THE DATE OF SERVICE Orive, Teguesta, Martin BOARD OFCOLINTY TCN 673686 1pmetltlivlry;aM 5,5pp fro- a1s wNNirnd:to intwesi to OF A COPY OF THIS NOTICE minty FIOMa' TpwerS, Coid I ONERS sen meals,I zciblp neem County on g of SL lode, ON THEM LLC Invites comments from gy.Wesley S.Oav(s.CtMirman __ ve,dessert.eM wppBe>. Inr..Ache Eve 0.lem0ngs AU oder retlitors Of the arty interested pp�art�y affil Ne PoE:September T,2015 Intarested budtWoro Nodd 250,EW Baystgre lVvd..Port .. decedentaM otbw pact have on arO'dH, TCN 6Tl32, �CMUP.SL}or BIOSr subM[torp,ogples f ail SL Lud0.831986. having tlairtu w demands tedtls hlcn InMute (n against [he decedent's tdws,aiE bu9dwstmt- COUNCIL ON AGING OF ST. Interest to C-11 m Aping AA99 my ikral Year. !state must fDe the U daims tures or Ob(ttt5 Mpdfmant NOTICE OF PUBLIC HEARdG LUGS INC.S REQUEST FOR f SL lade.Inc..AtN:Eve D. hdy 1.2015- H Nu Court Wri111N l in American hHbry,arUMt STATEMENT OF leoUrry;2501 SW eayshore bine 30.3016 O NONTNS AFTER THE DATE iogy,en0lneerinyy.or cui- NOTICELs HEREBY GIVEN that QUAEIFlCATONS C: OF THE FIRST PUBLICATION cure Nat arc IHIeO w deter the Board of[mnry Com- poarttl SL Wcle it N98a. Response due Gate: OF THIS NOTICE Ined tliglNe for.ll oq mtssloners of iMMn Rhw CmnVa Aglnplsa Private, peau subMttlne idlawdQ September 25,1015 at it0 O In He NatprW RewM"of County.FIorba dWl,htld a m pmt oryadxaUon wP om All CLAIMS NOT RlID WITH- Historic Places.Lanments DDMI.hearing'and par- ported.in part wIN Fedwd, N IN THE TINE PFAIODS SET pert I 1 9 D Ifl azy t tles b b4reM and dNarts State art local grant land- 1.�pLetter of interest IMicat- FORTH IN THE FLORIDA hist ni lresou espmay be itWl love an oppportunity brg HDroMtleswal servkes 1,the e+nPW Omusein�a�� Selectl�nce�IxiN Nea xpenn O STATUTES WILL BE FOREVER t to Fnvimnnen Car to be heard,b Ir c-.t d traniportntin to thelIc _ NOATW7THSTANDINGTHETME Pwa[bn O!Amerka,ATTN: COmmlssion Chambers I residents Of SL ode County. 21lYTo gualiy.Ne InsdtUdon �Sf prOCcoll ssdN tlbd' pERI0D5 SET FORTH ABOVE Olna Baud,ll]S Unbn HIII the County Administration COOn-0 on Ae<I�g 99I SVVL Wtle the 45su ed by camps- fe evaWadpo ofbeElate• O O ANY GAIM FILED TING(2) AIGheRtta,GlOrylare30001. StrlinOeetlPVero lBMeachl8Fludda firmsH provide hanldn Iswa T Wi{az As"authwl]ed 6 pl puapncatW,.liner YEARS OR MORE AFTER THE y m do Ouzme CIM State Wears wiU be at Ne repuest O C Q. DECEDENT' DATE OF DEATH at M:.�]a d6fi]-t0,0elxL pill. 2015 etSgdwY•a ro,enoclonadi- eM¢d hat. u t..]0 fn�CO,mYea of Florltla,(b)have apmos 1 Ne Selection Canmittee. 150ARRE0 Comments must be rtttived ar adODUcn of an oNlnance, on^plrq of SL Lode lne, upon wham (Oro- Revtltz will Dem ted U-11 O 'L The oral puNmadontlale of wiUun 30 tleyspflned.te of Ude. reve dexpmditures yfie madeNiloHda, SW BavSnore Blvd.,Part SL _ WsNoticersAupust31.101i aMpss(U nave a BeitY raWp Lax,RN9B5 O C (..) NH mtice(Nl l.2 ANORDINANCECOUNT OF INDIAN eededs Ubdin by acceptable to Frday.N bar 66,,IDIS O O Pemonal Repreaentafv Pub:Slp[ember 7.2015 RIVER COUNTY, FLORIDA, Interested vUUotiorLS SiNultl COASLa P Se Submit thetODWinm "6 ZJj O O THOMAS FRANCIS VALENTNO TCN 681159 CONCERMNG AMENDMFMS submit two,ogles f ell �n 13155.E IS VAL tl'O TO ITS LAND DEVELOPMENT (trials which IMicate MPMty PartblpWpn L. La-d Imwest Ind-I, Q Q �/ Port31 L. FlorNa 35952 VICING FOR (IURSY.P0.0- InterestkCoC_A on A9b9 [s encourcped. Ap UM(irmY pua6fleatbns. Attamryfw Plrs01M1 Wb1iC NOdCPS VIDING FOR AMENDMENTS ISL lube.InC,Attm Eve D. rel Reaesmtathe: TI CHAPTER 901 OEFINI- ae, d ;2501 SW Qayslwr! MIS gency�ncd Year. fry.ted experien a art ab& LEW6 RINDER,A[tomry NOTCEOFMEETING TONS.AND CHAP 931, avd- Ady 1,1015- 2. Copy f P,dessbnal roritla Bar Na 188813 COASTAL MANAGEMEM;BY Port SL Lucie. a 35986. Noe 10.1016 license art appliwtle I. 1000alnradO Avenue THE HOUSINGAUTHORITY OF AMENDING SECTION B01M. Please submit the following: average SHart.FlwidA 36991 THE CITY OF FORT PIERCE REVISING THE 0 ITIONS RespoMl due dates An' TNephone:(]l3)18YI111 FLORIDA OF L letter of M[west hMltat• SeDtembw B,3015aziO0pm Mbmrlry partirJpatlm E-Ma g:lewrr'vn@grtRDssan SII ORANGE AVENUE ED OR FILMED GLASS;BY 1ng Ne fbm's oua6lkatlons, bmrag� Pak August 31.September 7. FORT PIERCE FLORIDA 3,950 AMENDING COASTAL MAN- rdatM eapadeoce art abiF Seltttlon w10 be de In Pok 5eptembw],10ss 015 (]]Z)629.6a3] AGEMENT BECTON 932.09, 'ty. accordance wiN the open• TCN 661915 TCN 6(:3651 SEA TURTLE PROTECTION: cpy's mace ith procurc- I Regldar Board NallMp O7 AND BY PROVIDING FOR L TO gudiy,Ie)nsI oo br pro eti Na[bdudp a Board of ComMsslonws REPEAL OF CONFLICTING thea Fedanlw5tate of anevalpationdNe$tale- d Ne H-iog Auindnty d PROVISiV COaF1-; Florida chartered bank with .:'Real Estate Q Real Es3ace Mthn,Me E DATE TY;AND EFFEC- offiCityllimih d Pot SL Lude TLOaYm Sab rtliwxe, '1 dot a 1f Rena. ��m �� VI � a 0�-- ce eel reu<and Prr T�ALM lodfieds c.calf reViseemmts d Minority participation 0 X 00 ILO z z L: FInD Z C CLE 4i & BU� L 0 Q F0 v HOrO. r N ti L _ - ,.r.• :fir:, -ac. v�' �l�T'= ��F y'-ie�. �t A Announcements Merchandise Pets&Supplies Finandal Employment Rentals �W, Cl) :V : >; Real Estate Transportation Public Notices Garage Sales Health Business &Wellness &Service B�e O CIS asI.A .6�( . ■II®I1- INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River Counter Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River Counh, Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Patricia Hunt ADDRESS: On file previously for mailing only PHONE: 808-205-6537 SUBJECT MATTER FOR DISCUSSION: Public Awareness,Advocacy IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Public awareness regarding specific public and state organizations REQUESTING OF THE COMMISSION? that are available for the public to contact ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES a NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? None at this time but may possible in the future Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR: . Fax Joseph A. Baird Mail Hand Delivered MEETING DATE: 44 Q J' Phone Document.' Board Approved 10106 258 i The Honorable.Jorge Labarga,Chair Chief Justice,Supreme Court of Florida Ramon President,The Florida Bar FLORIDA COMMISSION R.Alexander Acosta Dean,College of Law, O N ACCESS TO CIVIL JUSTICE Florida International University John A.Attaway,Jr Senior Vice President and General Counsel, Publix Super Markets The Honorable Jeff Atwater Chief Financial Officer,State of Florida I Martha Barnett Attorney at Law,Tallahassee The Honorable Pam Bondi Attorney General of Florida The Honorable Rob Bradley The Florida Senate Nikki Ann Clark September 18, 2015 Attorney at Law,Tallahassee Gregory W Coleman Florida Commission on Access to Civil Justice Immediate Past President,The Florida Bar Meeting � The Honorable Timothy J.Corrigan Judge,United States District Court, Middle District of Florida Attached are the documents for today's meeting. Jeffrey S.Craigmile Chief Counsel,Walt Disney Company Marshall M.Criser,III i Agenda . Chancellor,State University System Redesigning The Florida Bar Lawyer Referral The Honorable Linda Doggett Clerk of Court.Lee County Services Slide Presentation Thomas S.Edwards,Jr e Access to and Delivery of Legal Services Attorney at Law,Jacksonville Subcommittee Interim Report Benjamin J.Gibson Assistant General Counsel, H Continuum of Services Subcommittee Interim Executive Office of the Governor Report The Honorable C.Robert Hilliard County Judge,Santa Rosa County 0 Technology Subcommittee Interim Report James A.Kowalski,Jr ■ Funding Subcommittee Interim Report Executive Director, Jacksonville Area Legal Aid C Outreach Subcommittee Interim Report Dominic C.MacKenzie President,The Florida Bar Foundation The Honorable Charles McBurney The next Commission meeting will be held on Friday February The Florida House of Representatives 12, 2016, in Tallahassee Florida. Please mark your calendar. Kathleen Schin McLeroy Attorney at Law,Tampa Byron Russell Chairman and Chief Executive Officer, Cheney Brothers The Honorable Bertila Soto Chief Judge,Eleventh Judicial Circuit The Honorable Emerson R.Thompson,Jr. Immediate Past President, The Florida Bar Foundation Robin Hassler Thompson Attorney at Law,Tallahassee William A.Van Nortwick,Jr. Attorney at Law,Jacksonville Gwynne Young Past President,The Florida Bar ATJ Commission ATTN:Francisco-JavierDigon-Greer,Esq. The Florida Bar,651 E.Jefferson Street,Tallahassee,FL 32399-2300 Website: www.flaccesstolustice.org Email: flaccessiustice(a')flabar.org Office of the INDIAN RIVER COUNTY �0 WN ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: September 10, 2015 SUBJECT: Florida Association of Counties Ethics Training Florida Association of Counties has scheduled an Ethics Training Class immediately prior to the start of the Florida Association of Counties Legislative Conference on November 17, 2015. Due to travel time, any commissioner who would like to attend this Ethics Training Class would not be able to be present for the Commission Meeting scheduled for November 17, 2015. Staff is requesting direction from the Board on whether it is necessary to cancel the Commission Meeting currently scheduled for November 17, 2015, to allow commissioners the opportunity to attend this Ethics Training Class. APPROVED AGENDA ITEM Indian River Co Approved Date Administrator 9 BY . Legal F September 22, 2015 259 Office of INDIAN RIVER COUNTY z ATTORNEY Dylan Reingold,County:'attorney William K. DeBraal,Deputy'County Attorney Kate Cotner,Assistant County.attorney MEMORANDUM TO: Joseph A. Baird, County Administrator FROM: Dylan Reingold, County Attorney DATE: September 10, 2015 ' SUBJECT: Election of Chairman and Vice Chairman If the Indian River County Board of County Commissioners (the "Board") decides to cancel the scheduled November 17, 2015 Board meeting, the Board should consider holding the election of the chairman and vice chairman at the Board meeting scheduled for November 10, 2015. Section 101.02 of the Indian River County Code provides that "[a]nnually at its meeting on the third Tuesday following the first Monday in November, the board shall select from its members a chairman and a vice chairman." This year, the third Tuesday following the first Monday in November is November 17. If the Board cancels that meeting, rather than delay the election of a chairman and vice chairman until the first meeting in December, it may be preferable to advance the election to November 10. The results of the election can be effective November 17. r F41rw...ryUnleGE'FRAL'B CC,Ipwdn llrww'FJecrion ChormuAlia CMr Mo/S1.dar 260 i I I , PRE-CONFERENCE WORKSHOP: ETHICS This preconference workshop fulfills the requirement set by the 2013 legislation for four hours of annual Ethics training. The workshop will be held on Tuesday, November 17 from 12:30 - 6:00 p.m. Participants will learn ethics requirements for elected officials, understand the Sunshine Law and Public Records Law, learn about reporting requirements, and become familiar with the process of an ethics complaint. This class is open to Commissioners, County Staff and all other Constitutional Officers. Commissioners that participate in this course will receive 6 core hours of CCC credit, in addition,ACC Graduates will receive Torchbearer points. There is a separate registration fee of $125. Use the link at the top of this page to access the online portal and register for this%vorkshop. 261 i I 112.3142 Ethics training for specified constitutional officers.— (1) As used in this section, the term "constitutional officers" includes the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, the Commissioner of Agriculture, state attorneys, public defenders, sheriffs, tax collectors, property appraisers, supervisors of elections, clerks of the circuit court, county commissioners, district school board members, and superintendents of schools. (2)(a) All constitutional officers must complete 4 hours of ethics training annually that addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation if the required subjects are covered. (b) The commission shall adopt rules establishing minimum course content for the portion of an ethics training class that addresses s. 8, Art. II of the State Constitution and the Code of Ethics for Public Officers and Employees. (3) Each house of the Legislature shall provide for ethics training pursuant to its rules. History.—s. 4, ch. 2013-36. 262 I DEVELOVNIENT i CONJ N-1 UNITY INDIAN RIVER COUNTY BUILDING DIVISION INTEROFFICE MEMORANDUM TO: JOSEPH A. BAIRD COUNTY ADMINISTRATOR DATE: SEPTEMBER 8, 2015 SUBJECT: CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURE LOCATED AT 2 SUNSET DRIVE IN THE RIVER EDGE SUBDIVISION THROUGH: STAN BOLING, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT FROM: SCOTT P. MCADAM, MCP, CBO(:: �. BUILDING OFFICIAL It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 22, 2015. DESCRIPTION AND CONDITIONS: The structure listed in the attached condemnation list has been condemned and ordered repaired or removed by the Building Official. Said structure has been inspected by staff and is considered unsafe and detrimental to the health, safety, and welfare of the general public. The subject structure includes a residence, pool, and screen enclosure situated on I a lot within the River Edge subdivision which is located between Roseland Road and the ' St. Sebastian River. As per county code requirements, the owner of the property and others with an interest in the property were issued notices to repair or remove the structure within 60 days, and advised of their right to appeal the condemnation order before the Indian River County Building Code Board of Adjustments and Appeals. In addition, a condemnation card was posted on the property. The owners were also notified that the Board would consider a Resolution to demolish the building and impose lien,if they failed to demolish the structure or obtain permits to repair the structure. The owner has not applied for repair permits, demolition permits, or appealed the decision of the Building Official. FACommunity Deve1opment\BU11.D1NG\BCC Agendas\9.22.15.docx 263 ANALYSIS: The subject structure has been vacant for a considerable time and has been damaged by fire. During that time, the structure (building, pool, pool enclosure) has continued to deteriorate and has become an attractive nuisance for vandals and transients. Neighbors have expressed concern that the unsecured structure could be a source of wind blown debris in the event of a storm. Not only has the owner failed to maintain the structure in compliance with the Minimum Standard Codes, they have failed to bring the structure into compliance as required by posted notice. Since the owner has not filed an appeal to the condemnation order,the county may now proceed with demolition of the structure and with assessing a lien against the property for demolition and removal.Recent County demolition contracts have averaged $4,175 per residential site. The County Attorney's Office has reviewed the title report for this site. There is a lien for water and/or sewer charges held by the County since December, 2012 in the amount of $149.47. Two Code Enforcement liens encumber the property. One was assessed for overgrown grass and weeds, and having an unsecured, unmaintained swimming pool in unsanitary condition from July 2013. As of September 22, 2015, the accrued fine amount for that violation will be $79,200 (794 days x $100 per day). The second code lien was assessed August 2015 for the hazardous and unsecured condition of the burnt out structure. That lien amount accrual will be $3,100 as of September 22, 2015. Total liens on this property are $82,449.47 as of September 22, 2015. Taxes for 2013 and 2014 have not been paid for a balance of$3,694.85. A tax certificate has been issued for 2013 delinquent taxes. There are no mortgages on the property. If the Board follows staff's recommendation (below) and authorizes demolition, staff will initiate the process to secure a demolition contractor and commence demolition. That process usually takes approximately 8 weeks. If, during that process and prior to demolition, the owner obtains a demolition permit or a complete rehabilitation permit, the county demolition process could be halted. FUNDING Funding in the amount of$4,175 for the demolition and removal of the unsafe structure on the residential site is available in the MSTU Fund/Reserve for Contingency. After demolition bids are received and a demolition contract is awarded, a budget amendment will need to be processed to move those funds to the MSTU/Road & Bridge/Other Contractual Services-Account#00421441-033490. RECOMMENDATION Staff recommends that the Board of County Commissioners declare the referenced structure unsafe and a nuisance and order the building demolished, with related debris removed from the property by a private vendor approved through standard bid procedures. 2 264 i Staff further recommends that the Board! adopt the attached resolution authorizing the Building Official to report the county's !demolition and debris removal cost for said structure to the County Attorney for the preparation and recording of a lien to be placed on the real property of the owner of the demolished unsafe structure for the purpose of recovering the County's demolition costs. ATTACHMENTS: 1. Proposed Resolution 2. Condemnation List(one structure) 3. Pictures of Condemned Structure Indian River Approved Date Co. APPROVED AGENDA ITEM: Admin. q BY: Legal -! , Budget l �d FOR: September 22, 2015 Dept 9/i /is Risk Mg. 3 265 i RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE DEMOLITION OF UNSAFE STRUCTURE AND THE RECOVERY OF COSTS. WHEREAS, Indian River County has adopted the Property Maintenance Code at Chapter 403, Indian River County Code; and WHEREAS, Section 403.08 of the Property Maintenance Code provides for the recovery of the costs of repairs to and/or demolition of unsafe structures; and WHEREAS, Section 100.080 of the Indian River County Code provides that the Board of County Commissioners may cause, by resolution, a lien to be filed in the Official Record Books of the County against a property on which the county has incurred demolition costs; and WHEREAS, A notice of intent to adopt a lien resolution has been given to the proposed lienee(s), NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the unsafe structure on the property described on the attached Condemnation List be demolished; and that any costs incurred by County government as a result of such demolition undertaken at the direction of the Board of County Commissioners shall be recovered from the property upon which each unsafe structure is located, as identified in the attached Condemnation List. The costs of such demolition shall be reported to the Building Director who shall notify the County Attorney's Office to prepare a lien for the recovery of those costs, to be placed upon the real property of the unsafe structure as listed in the attached Condemnation List, any such lien bearing interest at the rate established by the Board of County Commissioners for the calendar year in which the lien is recorded, such interest to commence accruing from the date the lien is recorded in the Public Records of Indian River County, Florida, until such time as the lien, including interest, is paid. FACommunity Development\BUILDING\BCC Agendas\9.22.15.docx 266 i i I I RESOLUTION NO. 2015- The foregoing resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Wesley S. Davis, Chairman Bob Solari, Vice Chairman Joseph E. Flescher, Commissioner Peter D. O'Bryan, Commissioner Tim Zorc, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of September, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk By Clerk of Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY!,, / By � �� ti i ham K. DeBraal Deputy County Attorney 2 267 i CONDEMNATION LIST: 1. Owner: Joseph Sorota Property: 2 Sunset Drive Tax ID#: 30-38-22-00002-0000-00002.0 Legal Desc.: lot 2, River Edge, according to the plat thereof, as recorded In Plat Book 8, Page 81, Public Records of Indian River County, Florida. Together with an undivided 1/50+h interest In the property described as follows: All of Tract "C" except areas lying North of Lot 19 and Southeast of Lot No. 20 in River Edge, recorded In Plat Book 8, page 81, Docket No. 141009, located in Section 22, Township 30 South, Range 38 East, Indian River County, Florida, described as follows: Commence at the Westerly corner of Lot No. 47 of the Fleming Grant; thence North 44032'20" West, a distance of 48.96 feet to a point; thence North 2002'05" West, a distance of 474.63 feet to a point on the North line of River Edge, Lot No. 19; thence South 89033'10" East along said line of Lot No. 19, a distance of 81.58 feet to a point; thence North 0026'50" South, a distance of 20 feet to the point of beginning of this description; thence continue North 0026'50" East a distance of 56 feet, more or less, to a point on the Southerly M.H.W. line of Sebastian River as said M.H.W. line is presently located; thence along the Southerly M.H.W. line in an Easterly direction, a distance of 96 feet more or less to a point on the Southwesterly line of Lot No. 20; thence South 44°32'48" East along said line of Lot 20 a distance of 2 feet more or less to a point; thence continue South 44°32'48" East along said line of Lot 20 a distance of 212.25 feet to a point on the Northwesterly line of Lot 21; thence South 45026'50" West a distance of 45.15 feet to a point of the 75 foot radius of the Northeasterly right of way of Sunset Drive; thence along the 75 foot radius of said right of way in a Northwesterly direction a distance of 77.69 feet to a point; thence South 45026'50"West along said right of way line a distance of 88.43 feet to a point; thence along a 25 foot radius of said right of way line a distance of 58.90 feet to a point thence North 0°26'50" East on said right of way line a distance of 62.67 feet to a point; thence along a 50 foot radius on said right of way line, a distance of 157.08 feet to a point; thence North 89033'10" West a distance of 30.0 feet to a point; thence North 0026'50" East a distance of 16.70 feet to a point; thence North 89°33'10"West a distance of 20.0 feet to the point of beginning. I 3 268 All gigg- t"� k'NO 't �ig 5r ZAN'- jrE :P Ril W gly St; OEM,, M NIO—1 RIM "M- X-a qj [LAI! W4 Of 7A � _ r• ear-a t' , � d.;:. _�',at+t• -•.u�i���� , ""�, tar. � .a �, t �A^•.-�'y. s Z• .7 p i m .l .. 1� \,' .,l \•6 * -! t � ,v.•S'!t• -�.•' .r '' i''dt Ell 4,C7r^-..-t•-iCt�s'v 17�t�'+•<iy!',XL,,'it,1���•r,,,r�rt�'\y�c r�1(�.},�r�(,,',t��t�y1i ir.m�r•3 '•.N14 14 ''K�'"'r!..l•'lt�,zaI$Vtr•,Y �'`"r' i�•'•:�•rf',�C C.J.}`t=',L'fy' ' '' },F T ` 'C•,�'yt !',�•' 4 r�R;I'!:iLF.v���ti'�Yfi�t�v�'``;•r. ivi � t � ` Y.e�.u'�t {'}•�1 a.4\ r`: k- i i�.•�r; l'f;� t:� a,y�r�"ai• Fait, '1'�7�.,,,• �'• ,«:�y�;tf:. i `. 'x �_ •�. �►,!�� �' a,`�tL',+'.�,�k+ �•lyt,.^�Y�'��+t u .aY K+Y,•,y, � 4.•siS..+r,n'- ik .�" ��.«w1 ,� •�'��r-�t,�ccss 3. .r�s•�` - .'�.v ,�eC.aC •}�e �;'w<.`;'6•,T"`�. �--�y-9+:G�•iit4r}'.�iJt'J`:}l.::r,1.U.,.�,•.4���•`ct�t`�4'i'�al,t�g,,n�, l;•� •�_+a'+..t : •�`,ftr�r�t••�G:i; •1' �' .•1;'•.\, ":h {iu ri+'. �.: .� �,Tt;.•`,ta`�•:V: �-e•`i :\vllLY•rol,J,`�`.,;}'�y,��1Si>;`iG:l�>?,�r,4h':a1e• `'y��.���y -; r•+�R'^,G�+•;,,,� v�j`. 'h y' F. �'- + •a ti1�ryy�tc .fyy �'�iM 77•'t,f.-�.ta +,<• Y+'i Sa?�,`� a l'ajrs� °�{V'•1'ary�.Iy1r. •y.7 Irak-•�,"4'S'•t`�4' �i� 'ri;;+"•....�+• "�'�j� -.,r,{ t, la' � ,.. .r, -1"`0 '3`h`. •' '� awr�,'V1;••� a�Vt �.*. lL.;a.•y .Z,",.\,." �•FJ:�,..fi 1, r1��r..��44a \�h:.� ,;f.,,�..•�r..'fi,'+nn z3�+•t.k' �.. -•us�`I'r _.ywe�V S- idF �'" QZ, a c'\ aa"�.f'''2'. o`*- ',Y_le �:`Rt�ial>!�\ ��,:,>�'1..�S�h �a• `t.k; r ie,r..�,e•f 1�i�:�}'�.•v�'' •.t�3.,'�� ��. o � x ,1.;y�.. :S •n�a�"tip,�h �'r' �-`C-'- •wt 1\.a �,i` ■ .� �y � r: L,a n t�'�. c .s ''d`• �c4~.'�,."^VJ' � •4• �� t�.� r r -,rp.. +��i5'T ••-y:� "R�v..a. :<4. ^�L���.. �M:��..�/.. ft;'M!�•,•'•!/._l''-''"^'-dot:t,;�:�-�ll:..y.\�.•-'Y��+;t•.ni"�r;. �.,i::�t ._{1•:Y,,. ii .�:,41�o-. :<Gislt�,.. ,.-t: !'' iwT+io+.,��`�, N .I+.1 dti' ,ya a'•.�i-• ,e �,. �•+.-��:+4�:1�+ '�'3 ate ;t�'i .,,�Q,t't�jt�,�'�,_ ,�f•�.��••c�•,.' ,;A?.�f' a�. ,P,.( .ti y�;,r. .'" �,icr� .r'.�. �- �`2' `t"' �`�y���}R��� _+ri!�t' f'�Y ``:" „y.1 � Y�.t,,,p ..V.. t`S= Pw.,�,`�';. ,nR��;+;�.>:•'� 4:�t 1,•,�.•\t. �`' S,�Y"`�•.�',=qr, th.7o�? ��'"F'��',1i�t` ��i" a:'n� p-.' '�;,+4 c.`�`'>{t. 4 � s 1...�,., ±; •: ) .,r ry \ ;,4:r`^. , n1 �a'yi�.l V'K ,`•,-res,,, r�'t�;Y�;� \ "> 1_ .�;.ti�� l:[; •0 3 �lLl►'t�,te "�,y ``tet yy�� � t u• ��•ate.^1i, `L«1 •ti` ,Y. :v� 'Lj••�- " '1".a`: \ �~' • A��Cai Vr:',rw•`.y `. i Z'`Mi�'`L ;tit 7•�,•t4',1'ii.� ':. .k" �. .1, G J6�: '�`1• ,, ;es :}\.'r+.�.,��.J•t�•�F +. r � •� ,.�� ��; �1�'i,�i: .. ;iX,-:.,�'��.�,k��,•.•t1r'�;'�titY ��,.,`•a�,n ..��i..rrf,�J•7; ,a�:tf,'x/`"rt.`• �i�VFt3.•t�G`tS !js�;` $t,•�.• �{ta ,�i.,�. '�- •.a. Wr'`.�t:'Y+.i„�•':S• r`L'14� ji;,ti:•..1�'". .�\�.,�w.a w k''\\} �.:,�;, t.. 1' }• a; /l�,' , • •s,a-� y�L s: T,: +C. a.a� ,r h� ;�at�w�L+^ L.�s y'.yf '.r,�t.ry:,j �4A1i, ��t::.K7ji{•.R�V�:�+��i:�'5i�+y�t�i1T,�^ 'at?�•ti. •S�+ .nom �� �+. d «,'J tM.. t.^t„ix4 :�'r•-.+ n fl J `. �r t1.,,h+� i i t h •r1L. T'�:- Y 3 v+R_r'.•y 5,kiv Ll.1 u-. �'�4 •,,�.+u{T' :�^ `�.r i'��,`, ''�::y,��'�'..";pY •r�'�•t:_:r:1�:ri Y't��ZaYf„7•�•,I '� '4t' ��t4:ru -j•,�r,�E�. "' w, •�h.:r,�:�.s d,.] y.J,-n ly i•••.0 li:k� � wa .^� •�'• •�`.st`a- �`,:f,.�.• •1 r;`\':1{$��7'�;f.;�E'-41:n.fi'„ r.}� �'. �/, r_.�' :n' «-... tr"3 a ;..✓�:, �. .J �., t'- +,ea..`.fL�\� .•(„ �., tt` 4' ! � If•,, r� $ V. r> Yf C4•'�'`•�! :?ate, r.�„ 'L;� ''• '�iiic:�' w�;c�'4',,.. :t+ t, '7��,i., j �' 1 � ''' Y i,t. �,;r,� k.: a c. G}�`�`•�.},�.� 't .e,• ,.7:�` �:`'! 'Ln.. ..•f� !l i; � � 4� ,.•n'.....','•L t �1rRfi'Ja'. �v�.,{ b.�: � �!K,�w Zj •.{ •�-,,�,,, ?t'.. � .:J� "�" .r��`,:'�•• •1CYl�.S � t l• ti '� ,dl•�,,.;'ryv-�, tKt.. t.`1 .i. 41'� �.k'� •:r+"' -��?w��� •: L. ��. ;Y4 •r�s{. r,:tT;l•'TL�•aj ^�;t ^�: '!! roe .:1Z -t •.�atX.L.!6yi y.•?t, ?. r 1 't 'a,•,r ti, � t",t'.7 ;SGa :�� .� 'f:.• r�•�,•. .,�•�L. >..s{Ji:'� .51 r,S,,` N.,y:StSii„ ';.,.. i„f. {`� ;h •,,;}SQ, r;..: 1.�'L., .1� :., •.•.L:a' �3;c!i,�nkr, �`.. :W i Ltlr"i}*t frL ."Z\\y. y4kA1..��l tZ Fi✓+k•� +;�t lJgrri•;r'•' �„v Y`:l1L fa. jb t ;1 . 1 1c Y ,. !�.r "K"`� Lr` `,Jv,;;4+1l1�' wr,,, '1 S;{+.•r..t a, i.s: ,� ,�j�),aS='t:r•Y{. t t' ;�..! jy•':;1:�•I•. 'jr:f:•., b�''� •e'7�w;;La t �# J i' apt. 'rov`'��• ;._, y,:•• :n•, .t� ���...� ,t...��., '�t' �t,�, ..,i;; t }'r:r n�.. ,�i ��t7 r '�'�. l: ,�;..� dt'.• ,b,. ...'�. G• •� ._,,i.,t. .! >;' 's v 1iT. ,�..rP•r Lai-�• - .{�.., -�;.:�`S•:C.. T:ti.'l ': •:fia j{,•�4•.rJ..f,�ria au y,;.. � + � ..4 S•"�f k 'Pt ?,�•. � '�F w'. y.�1�pp±± �C :. tt• ^t t...;. Jr is, � 1} � .fir: ply tc `,ir 'i'Y t iY.�;}..5. t L,f:_,�a!, r.S .��•.'.t>, .{, ' G7L��y`w+ •'L`. !7•• '` '�:":t,{�•�"r,^•.•,•tfY ••'► irl�•,11 .ii' .:{t:\:r,u-' , r�jt,LW;I;:�.ry°/,4Y,dtr:Y l`;,,.y,•l�iJt 'u'"I_^-•t5i: ...>.����i 1ti _ `•e �iTZo.e.�'� `� 1. th �.�li ,.51. .[ �;^. �„Q{f n,i.:Twin rrf[; yy�.{.. t r>:!�' i'iJ�. 'y�'4 +r�...x}'., .y :5.-. �� ^"�. �:., >;y,/., :` Y- ^``��. ��•-t L'"iL;�L:•. .L er:� a•• �•'• T. ..' �" 7 t�:t•''r t,�:,�,%• ;r i:•y .;•�;., -�' -�� ,t C� ..�, r•.:r• •�:^.t�y,;,,y,: r ,.5+'•r s•v..;:i•4;«•t.,,ga i1;?�,:"t!i '?.>r.l• 4 •t•n :4 F.�"'Y.'•,�•'•t�Ji+7' 'i. `'� 4•>:. ;4�,�t_�}��„t ,�L,. :��.,�. ��.�+• �'. y�, ,r• •'{l�ct. •�,,«�*'t:1��,• •a"�N`w",J`�J lM.q. .rli�tC'•. tt�1.$�i;ri.�y Q R o�.,��•.tC••�.;� G,'rttrr�'�;J1.�r n�i!'•ize`,.\�y{�•� Y� � 7r•C",_Y:yr, r a %3" ��` '•q \ !}•' �"Z• i;f:` `3^. ritT.�}�C' dl'il;c j'}�JY>•`[�•�y�-`�.:Ta`.Yfi: '�"'T'1•�'1.{.'�{.1it,.G���,,10t^•}�•l s'12��"•t:�'ro;:7 ?;J'','(•� rv. a�� T• !•x �t• �. :.P'7 , `• '� r •� .t� , J.. , - �,{ :�'1�' ��`�1:.�^tr �:''t�".L•1r'� •R':•- £ 'J.er. t�;]•••�./ 1}r iLr: �!; .].,..-,a�` P.�, .�. . _ .� rte! �. . .. ",� • :E ..i31 i••t� jff,:�' •,v ! 1.� o}C'� ,rt 1.i kt, � � " t. �F „E' r t i1 �.ryt5�1�� f why M t„ ",i.',!•t1 a,i "�• ( -f'��'""•))hv. ��••K r�•.,17l',,'�N!r•yr1 J ! �;.- .` 1+ r •} r; .� a �w.' ��klr.+��ij'• �• �. '�„t' ti. , ..fir .t ? `c .;f .,4 �•� ;��,�5�',,::tT-r.-';3, ��SE'•:SRi.,.�'•C��,r•F' •�i�aly.L�.r�i�'?7$i:, s.� sp�E{...r'ri^',;�'�k?,�( tY k•1'. E t 'Y.y 5 '," a• � y .:4�;,•aa.• - �Y ��h ;�t- �:, ����;; >i Y�'{�I•wr''!�.a� L�r`•k�ra�.rr..,t.. ,,•{,i,>�. :,r..��rrl.r:d:!.1 u;1+J olJn."1•=�.1FrliL .,Y f •r�. ��� ,L��j .•ty. :`��,' .��» t; =.r f ,�•a•a.�cL...h, +.�. .. •,� rSrS,.!��\�,r.`J,i� �'1N�,�'f4t :�i;11 '�}Ff +..•.t t .rsr;+ 7�.r;+, C. Ct;. ... �•-. ''�7 ,iYf:j�,J.> � �•�" i:-l-�iFf ��i,�:r�r.-at.•�.,�*'•'r��• ., •'�''�.' •.i:r;'!!-.;,�rk:'-'\n•':rl( �?f'+t'fv�i�Al+'P!?'Lvajtt� :1` i�: •�'. � 'Stytt�="xs� �IcY '� ,;+,.,`J!;.:• ::? ! Y,kh ti• +. �k.��.:�ttL ..t;tA J ��+te.c� 1 t. .� ,�_r �yL::. r'ji'"S'ff 6`[yry .X.4 y,4•gJ'' +!.r•S•r,'�;?�Nf .�'f:�%ipt'•^;Cs �f 'Y�'�,7.t�+w•" -�;r!r!" ,.'N`. *���{w..a�"ti'. +j,'-rfi�.v t• i.�,q `Ya:. �r^'.+���-�r�"1,►'"7:�.�.�''yu".yr��y i`4 .��i:.X'Pwa1� ..,.'r �a„tF= �.,�+�5,�•l�'C:'%{ ` ,l•'��� � :rrr1-t•t;7 7l y, �'.•r•.:r :�(' ��• a. '3A�:� +n ., S� :t _.,r,'7 .. p •L� !;!`tea r+:,x.p:i� r S. � , `t •, ' .1�«r�,a.. i' � 'iL7F,;1�J C r ,� `;d`!�'1T'.'•ta'T�S.'`����.�:1�[ ,,'..•e ��,y„���"T;�'_• •('r `�,r. '�'r'...' � t7`',,., �.•fi> �.. w•y_'a�it�7••, '+�* �: r� `�.�iir�s-�7"`..i;�„�,�: ,�,yiTri � •�Jats�,�. �•_ ��fi,..7frtif,,�M ,.r F..� , ^ •L:J •1 fi"a'i+ � Yf'k''�' :,` x: r�'!.�����+><. xr 'ti` �.�..�e.,.'_� �•..._. ••, !§r, l- t_'.r �''• •53:x,' ,t�.•' ''•' ^r• �'.". ': -�'-'��`�'.:' �• r i}yx -a../,{t, ,ia;t�,�.r: '{'a-4 �. �' I '`„a C A yt �^ `x 'r t ��P�� � �.•yiti,'•G� i....a. •` .......... ' - �=`4 J�� .'^ �•/' r AL's..' -ty i h n 1 1 iN •.-l3" ,c'�a,�.��-.. �• t('fit..{ � .t _ �_ JFr'= moi...-',���LY����f"' .�M._J?r .e'.� �. �. .• •'��' � '�^ Z - `�N�t'' z .�,,�r_ .=f •*�_�'�+.s:,-.....-�i '"Z�.twe�4!�•R.o'�T"?`1.�q`w. ..:.-i: .'S..-._ :� r(.+=�`';<� - s f _ , �� .d'r".^ -T '-x�z�-�-•�•_.._:- .:.,.eta- �__.. %•- �T.;.. ,` .n .». 4\-•,Y1y � !�.."•etL Cy , 'Fti•-���F.';'�:�t'�•�.,sK. „s :� --�'7�'�'� ,..' 'a*i,?':>=•r']�r''r�*', .h `,„, +.r, - '�{ yn�-J .�' ��� yr. .I•�--fro_ r��•��x�"'r":�•r ��•we-�:-`-„r� . -e� .` %t.,�• ,. •E�.'i+• .; . ., j.: :f ;�� ��z.«•-�:-i:µ�t�,i_3 .� -1.„�..`.�. e.y a:•.:. •r cl �,f, � l :.• .�j/:a�r-.: •• .�1• ��.0 �"1 K,. T' �'" •+i°. _'„'R'r.��^'�1'r-- u. .,.ra�.+.�ty .y p `L• •`i ,•�• ,,�.„.��,,`ti'•�,}.' :f .¢. f. •,i•.. ,ty .n• �•_ •p 'y': `YJ` } ,. ,�;` .sem �-mss-z�..a=._''.'�:` .�E�r� �1, 'f„ 1<,r�' q,j '' ':.fie' }. ,�� ,�..' y ltr i t• '����L�,'�- . .4 � •4C t• t , ,,p• � � rr � � r f ,, � °� J •^ ••+:t�,jnz ��•a• .y�..,s.;n `«r: i�7� ,a3•�,ti' • 9 V~ w � , ' Y ��� .1 t�. ���Z fy�yai e.M �.t, �.:., k� rA�i..{ y,����"�i r �'c'^t�c`n�•„�. -i... � `* v. � t �'• -�{ �� .•�v `k ��-��t,: :,, '.4 i�•,.,f����"�Y- �x` iTi�,,�'�� .'F����v,,,.;,s3`:��t�r �^,{� - •r '�J •1. d1�'� •[��. �� r.••n +;"� r •�y � - �1`'s�, az �'��,' t�',c'aC�S�.�3: u"-'-�1}i�.,�'���Y}�'�� 'v•i'�•�pr;.7n�'aw.'St, ..S°` Y - ��� 8 '�.. LK �u. tq a� �•J+, l �Y'.6�i'y�m�__},t ` �� , , ,t�""w� T�i�,�;,,+apy;p, ,T .f. i ,dqy •k'��,Y„���• " � y ;p�:, _�iw ,.1R L. �� L�y e�• �':�,tiq.•.+.,F}PLc'.tLs3 Y'11' ���r is �n.J• .a�•'� •p�•!•fFL�' .t1L r,.,� h �? A �`�KY.:. ,�VF « ,t ��v ��' .;Y' �l•- `"+ 1lY es.'�f' ����'/.i `1',L'' ��•^'� . y , .^ !,,r r+`;T,� •J� •H }5 ,�jy��y., y�y:y>; r :�`ra '�• •(�.?.n'�tjf � ' a7� '-;�ii�����tj , $ `.. '. `:"�. ',p^-' R 1 � �,. ^ , it �•J. •� �•�',�• qZ►'w�6 Y �. � ,. J 5T7 y L• ..M Hssj A, ys,�,7�, a � M�''. .a.l ^�f„3•:_; � F�r��,�.�Ea J t";J�'• ''s� .y• � � .. J• � .� 4_S" .y� "l•�7r'" � w t�y,�A � ." rj7i-� _l '�,."�+\Y'y'�t.�t,,',+ N�,!y5'�,�� •�' r�, r 9 r '%EY`�?t .`i••�; +, ��:2�ri.:' L Y��7'. t i. •�R"Y'�:tr. �r� {+•� .Le•�7:,. 'f a..l �j� �• ,v• '' '�••,'` -\C„ix, a• y�n� �' t^,t.., x t"".StC,:' "r'a ,§f i .r_ •»S4. ',E.-4�.?<rl�. Y i4'RSrZ f;a .Ly�r1•.L •{•�- �4T:�r k?.•.� t`."„5" -+r, - 'R.•z::. --r.' .a. •"k ..- •'';s.•• ,".. '� t`�uj f��„fc�aWt"j..•t\' rki•,G,•a`C'ti.s,„�,�, �, "� ..'fir•=' '.�.�t r.r'�. �., .r��- �i:T. :..`'t.�t �:r,. JY' •� ?•..y•' ��t�y�� "iS�,� '•,t• i i .Gj°}y,, r•i• •u. w r� .f .�' �'�. •�.. � -`•..' K-`�1rj.'vpf�'•.+,,...•. ..F '' ti *,�.,.. •�, �f3'7iL," .y '''i'. lYy?t��} s. 11 J••�. +;t' t��1f[:� •'.�'' '!. 'kTr}l. y����':: �F. �fi�'v~ :,P' L ��,�4�.1•. i a r `S; +47t, �..,,�t.�s ,.t• a^ - �. lI'Si• p .J,�ga�� .. •F ,n...ac fJ�n,w•,i!Yi,x{ r.•:n..?�!rs,»ww�re»,t�L 75�.�:..,•sY��'Y.•7D.������•'. .r.'a'xM tamed.,�Crc�'v�',"i".xJ3�`•.?•.dt iJ_,ra '1r'.i%•,a ,'_rc,l' '��� v�'�"r°� ��rJ� i".1�:-.. � �.' �+.) - �• `� ,\ Z.` '"'� , v ` � �' ,t. �Sy ,*"tNt _�' .,t .;`:y�w tye �',',�` <`? :, �2�+ �':. `�if.,ib,tti''y,..S'�i`y�`' g•r•' ,,rr r`v 'or4. \, �^•" " t�,`� ,h. � t I r x �D' I ,,�,a }V." :i � J. +.t, "•�.. •C. _ 4 ��'.� �'';a�" +.,��`ra r� ^�y "QQ�P r` y, \ ` •i .'•�•+ "�+ 'n.�J' � +.� •7��,� - '-•'t,,yA{ , �� \��, ` V. .'� ,��,•1\. .�� � 1.Ali; ',yy y i � Y •`.I IDt��} •:a�tu� tti•� 4u. `•,.;�.„�VVV ,b,; ly� '..��� �2 �. �"\it:��,��•�.. �•(�•+�\:h���•� 'tt c '�•.• � o- t �,s'��<', �`•ky n, �4.� ,.y,* 'gh n,�., !'�' .Y, w�.• �t ��,y�l'.fli.' 'h t "��•y�^�9 ��♦`a�,'\_ .�`\\;�r �+�. tl;v\��♦ ..Mtn, �t. S ', � �• �i� ",iF�.j � 'try w,t ��`.„1,,,�. ,;i•t' µ•� -»I" -'t+���. sy�''t �%,'.h ' +,, t��.y: �''\"ra'S`` .r .v �.. ", � `i< .�. .t.�,, i�4 '�\� 1r`-�E � �,Y:o7'r 4"`r j� '�i r..S.l`;. t�+;.v.,� '\'.�7� •.�, O�:r•��y ;;,1.,._. �,.. ..�.,,t�. •- ,fes ��' y� ��. fi. .f � y ',1°'2`tCt �, Z'-c �7' .M 4 C+,�''1�ti"�a�Y''. :, ,''y. � .a r 1 .�3' 1 `.t +r;•�.r •o _ �; *v �.. •t .��m'*. �,+� ` ��it� .t r, •tl \��. ��;y�•' JS y; �"♦ �,x '1 �Y^.+y�,r.+Aq��, � t •.•�, �',�, +._ •°•S. 4��.•.••l;t', t 1, l-': t� �:•A, `l\R�' +•.`�, 'l•� � � ..� i ,fit a•t µ��., � 'dt.x-'Yh�� .`- y il� ��7_! �` .� t 1':[';�; �'Wyr".,`� �t �• _ •• „ ��� � ` � ♦ '��r ti� ,r to �+, �...,w + ti� _• epi Ray t n ,t ``w�S�,,� r, .: •+.1 y ia• 'e' •t ���,•?' �� 0.\S��►6n, 4� H •.��•� 4�E.t'�•1� �•� '� � � p.. r � . ; `ti•, �, �•� , .. ''a`Z'� �: � ,�1� 1�;�A y `�',:ys Yfiy�1�� Y...���`� ���+' �1B � J�" ��'t: r 'f• -_ .". _t \�_ '\..•k f „•��t4y.;,wk+5�ti('.., a,..t� � :� -•`'_ � t ,y ti''1�e�,t.":q- ��.. . - .Y� �� `�(:�`4Y'•C' ��. � .�',��r �y a. i .1. ~. +.�i� a � •�+• 1a ay r.t. �'�f'c6�zwarr:•'�'n.�t L�"�:%�•y'•,�.� g ',ti y , V ` ` �. y� � 1 "� .:Qom•":'�' a�.,r+'�•;•:b,i \ �lt i.r.,, :t ',�P:yw:'.. � 7."-'.a `R i c��V t,• •,, ,r.l ��{� Y• 2 ����5+1�� \ ,x�., r S }u. �t,_�' ♦„1���\'v M1. � .,� �'���`l�'�u �'�Fi. 'T''4 •�, '°'\y~ �� ��"` +I",S'+t,:. "'' .R' ,L�••� 'n;� ?Ia+t,Yu.��C;.�y ��,�[��\1`t.� ,` ,�c�, :'1 `_ +rr.��w1,�.0' 4 U"s�.�. -i+•,,�yr1`t' rt�.,...�� '•; � .' � .�.r h `\+^i',t � b ""4�.v r `�'„ ��,:\�r� �. ��8 Rt t"tt,•.�C.J• a '�_ 6v. � `y v �A • `. �: ,'•' i.1Wd,t T�-1 •. Y � `�x RYA" IY {,> at@:' :�..�t�,y "• ta..^`.i;.. ._ a. ..+��..j�!'..t�• tiq w y $" moi. '. ', .' '.' i^ `..� .!ri�,di ��.�5;+•.il'v:+S_R'rti`,...'Zsn 'v�.•L'y�+ , \_?� A.a •�ty i .' .i, '.�+•--- ''k �;,,1 �,� 'ti h ^„c. �� � .�,. .,,� �„ l�y�'<,'.� `ti•�•r 'f� '�,�'r.'C . v�r.'�•,.e�����^,��'�ti"."t-��.a�� -t F. ,, .�•xq :�Th,,�". "_ `� x"'4 ''� �. �:'•=t. -� .y �•'n •;�•-~ ha t�•' `��'1•Y,..� .,Vis,A ;tiKti�"'G�:�,�; ;zt a. ra;�t`1y's,. rs�'�s`��,�i�.,,-�1xr�«�"i'` mow. "'"t , ..��d.`*� , .i4e�. H '�` �s>"�C• ,tax`ar•-� ?r.x' },. t .�;• .J 6 +`f' � :�;� Yl>`�•. ��� .Y:e,`1y�q:.a;`;••, ', -•�R,1t"f:��'"St.A.i7r6 •.'` �t�'��,.�•,�:,,,,a r 'S�` ♦:'niSS�' ;/Yt�'•• ,.,� �� ,t "•. � - �' r.n +�'�:;;-� i,`L �.` ?ht�:. ?��\v.`a_'1�11b.a,��•`+i',�•�...a�w;.�•Et�:�:`��T1♦'t!C,�-=t . � �"..'.-'�'vr;4+p '•" _ 7 +.� .',4i ..'sq;-. �a.�a ,�i• `�` :z ��t�,,��{«.��_ 's :�,�:;: � t�•i�y�'��' `� a': ,,y^ `t+., j'�,3�-,'�+:�y,:- +a:-' A. �'�'.'•� '{ : _ -t.�t ,ter` ` t l.. ''�:�, I•� �Y" ., '' 4'Y�jt�.`�2E-t!•4-n�R?•.�•�Ai•. mow.:' "�: -7�:'K.,iT :,+ .� ,-,f�• - �g �7 ,�}'.�S ai�- ��: "�"•i ��_ \,`, �♦•,.?+�,:•�c4,"`Y`i�'��y -v. �-, J,:.�.'�t 'fit. n� m'-�'lvctik� r lam''. �,a• t� v �fi 1` q c z5 wi y # t � `v 4e �t � }. }•+1��. L `' .t'd� ,3 t� � aa �`�'-s �?t �'h' yf 3F �S;'!`_ ..;� �ti ;� �F+ 'q; ,. ,•��• �q r: r' :�;, t?''t.,`•a!r�..•�.R' e���;F�.. ��y'�'.0.' �,�ksq`�'`", .�'�`�: ,,;y�7}�' -v`r'. • ] .}?. '\ i '1; S•3>•n' tF 1i.i�-t:) V�� 1 rr� f�, �a,i�•17"� + 4t-4 +`rt' 't�'`'Gr. y .L•. ���"., v ice` �` ,Y �' ..� `'•a .0 i\ �`•` �� ,tF"���r^h".},N'?.t�� � a�';�. r ,y; Cyt t. :y. , a� r y 4�:~ $�k':• , L ,'Cyr y�,�j R -.cp�Hk11•�,.y. �+ `.�"RiS��V�'{.:`J'yt'�i�� '�'r "Y �•�.5 ;•y�7r,.^. 'yv„"'si'1r a:. tri grsem t'SS ••l,I,w'•'•`d'l'`5Jyy� 1„�rY "c .. i+ ^'`� :9 V. :.`, ;:�f •`S; ` •+.;_f� �A.P4vi%• x y7� •t } ,54.. '•? �+ �. "^$` 'vrx t~ ir�•,;� 'y!;•, ,, +��:'9'y.. . .�•�`�r .�" br�: - •a r�'S�r-.. ,at �?s'?. �.s,+���.4a�*� ski.��jy" yyl�' F� �u ����1;; ' ,.'•�!. 4 '.or - MxXR +` �,�. '�'�T�> _+... lR�� ,. ..� � ; .���� �.� �`d-.,�''�;. n � yA�i,'�w"c•��.-. .,tee •�'><'�'�• a. �� _ �' �cid - Y,ly �_ •\1 '.F, t 4 ♦.` yy. 1•Y �_ s y � tv � �-..#�``'>.t=� ��� n -v. '�_ -N.k Ta 4 r f Y •�� !. "tr '.,'�,• ''hamr• ,der. .may "�+,�` tiy< ', r �� •..� .. �.y ;i t•. s''';�`" Q. t y-' .♦ �•.,.:' y4 Y �:t,,, � "\ �; s ,�.�`'1' "n'r v,. o y'Sn'� ,.,� �� _ .�,,,.%,"i^.1 .fr`�7 21� 'a4?.`'st!�+♦• J.� ~'.t�•'.}»,�r„ ir+��"a��'�t,'.' yy7t,r• ;•leas i��,, •� h �.• N gin. ,T+Ly4t a w �, •,�� �,a.+:� ^::{ �„� Q1 k;��� ?... ,� ,,`int 1 -'�p��i'R•,.{rt�'�, it• � •k,,, r.1,w�..t, r' '�'Y3"Y�t•, '`„�", `to • tG'f:'tpije.5 :.RSti!ua w....r��. ,� .,wM lct�` Al ,t?�,A. �.;y��.y� • , A «'+T � .F. X41." M. •� i • `T'+ •::a= •r�j,��,�j•�' }w. J+ tr, .5'Y• -} e-.S. .:. 'tu:. 'tt..i, `•.». pr.y.�' � :.5 � :Jtl 3.Y. a': ,N..�,w r*%v � �„'��-y 4�rs t ryr ,r:+•�'""♦"'+', .7./ �'r• :C �:,.<�v...Z -�i _ !Y •may � S ,r py .p .t � r. •7Jt..J�r`nf �z,♦,t'7r A. s..��..sry��y�y�- � � „r✓: • r� +. t '�a•'at,i.�;�.,t�II+'! ��M1.'��wr.• T� .ri1V•1p.t(J n✓u�!• •_,+..�,+. _ ? .vq,'r , •v ,.'.wt�fR�••?•�MJ�J �o.<-ti 'tA��„i,+.�`'� .�..' >' J7,�r. �3TS�,' r ,fs•±�,,_.u•s :L.��, .r.`vn •r¢.�. ^.r �. ��,��'.,��",� 4 r �`"' yy "t• •y ' ; �� ? q} y r '� �r_'lyf y�'�a�. t;� Y'�-�¢.i�'T,�l•"�neat'j;,."a'.F�...Y�'_W 4J ,� •:Nb " 'y,r„t '�t ,��. '�f �•'... i`'�y+y'S4wt r r!."'asri"rv�s���� ♦}, aj,�q1 r +o-.. r �n': � � .�t a Y •,.a t w �,��y��. ,4 L�'Gr K. �.]'�' h?I+YC ..1,..,,lf.'ya:M...n�^0•,+••`. e,,.r'L,t .'�L' " Jr. [.;IS '� �'? 4 �'ti '}, bSr+1'(U' 'Y' • iS' J �tf`� ���- .r.: twV�1F,C-..,{'Y`' � ,^.&�7 r�as,;rLtYi•�' .rw, t•`37� �Y:r..�.,S,�, �+ 'r "� ,,, �"va Y �.tY••'�. ,,;�`iv. ,.a... `•a t 'v ,a - .i,. x +`,, . � y .x'.:1• .y �: �; r'_� y •t ;,5,► �,, ,, y�5 3+r_a•„ •'�,,��, a•;;��itt:: t _ ��,z.•t.. L f •�, •r• ��itiy �f♦k�s'�e{t1 #7'�'<'u/�, ,.V'� 'r t �'♦ �.}vi't.`� '.•:am.�,, �:,� �:1,"": 'i� � J.$. M•T��r{f,�,kt•£/ ��,•`„`•, •t{'4 1iy !:!• '.L7iS{ ,r,,,! k > ty};. .ne+' •, 4 -.. �Y•$..."��.': ,1 t'kt!. kk�. 1• �btjj�� �, } `i '� {4. •�+ .y' •„a '�.d�%•'�s=• �",•� ♦ `.y.. �._ _,� >;... ���Lcc .'� �'d.'a��t,3t3,rp.:, .,'t/T.41. `� 1`..s' .`afi `�'�+�a'v i s`J� � �� ..Jt `.•i4 {rt,t7V f .` t y,;,ar.. tS:: 7i ,. ;i,a Y i '-' w•wC.;• 'r`.irF XD' s�+.•;{�,�,� �' 'r.• .b `<• c +.� yt'�•� ..r ''!�, "':✓ �x5.; " r.� a d.Y' ,:r"t •5 '� t� Qr'•i. �/aL�'' :J � �� !}•� �. F .,,:..,may Yom.-� c�'•'�.�t � u�';�� i!>• ,y" j _R�,1 - �••4: s "k.�1.. �w '�` "9. w .•� t. ,�.. .A�. �*�,y.,.` � ,.� ��.��1'o,�•p ",1e.i'..'�'�� t� .,-�♦7�7, � "�. �t it, '*:, •�rfYt: �'���'w. .�♦ ;E� ':#' S '•,a;h:i„'s .Y.�' +..%¢,:�M.'•"`ta �� 't �:v ypa� _}:�+.\' ri•^ '„_.a :�v'`_'i:- 3w•�. �''• g. i E..�.i• ,Z''r.FA' •6 r t=,•'v ., � t,�'. ''!.,.Z 'F�`!'�Cw.wF.., � r"1( .�, r �u.1�•V>�•- �+���V 1T � w '••'• nr i f f"r Y •t' �. ,�y�. ,•... �K'�a�;!�4�'y a ,A,<• �r,'•�,,i -7V�,?ArW� T r• •• }' {+ 'p�Id .'*n Y• F'!J" r a'.••���x. y;�� t'".�` 'F^'i.� v.+�11 _ ^'F U 14 3 y '.�•7,?., ' -�;, •..'•�;,�'f. � ".�7'`•` moi•. t as G��w,.^.ir5r��vl'�rya '� 4�1,k ••w;4M.+���r�� � '��:'.�'�'.^,,�4A.`.C`>����• � ��\`'~'a.. ``� cX'J1�� � _ its � � � i't� �r� C��, ,5(t ��0.,�'`'Ya5' _�'1y�1y�i,,, �•Y� '."Yi•g,"'_J1t�[ �1••++.T.•'�'�.�_.•b .h ��~4�•+vrr. .r.��dsy~'.t99'. .+" �t� 't. .��\C.�^� .•���+1}jr`yy"',�f.. • r � • ',i Y, „aa �•,Ny ♦iCt� M'.i„4f-: MiRr�• •'.`+���u�"e��k�j`��.�.r! .•++�.�'n....T'�".q, a'rt,S' �Y:i •wlr�tW"�V J� i �'R'•y:�tw i1 t h.,.�'F�VI� •yl1 1{,,.Ri�s.��• ilt•,' _ "Y r.. r � ������� '� !1.� .t.��t' + ♦'•: � 11 ��� � a!'i�w. r _ ��^�� 4"�'�'�1':i .c.: �� k'�'�er!��i x'Ar'1 t1`•`' .t. "fMi• � •P+. � � •s��.. '•' �- �•t�^,��\"�.1� ;1. r. A��t�=�wi.�"¢-4',y7 S^'� t"'+i� 4' - ,iN` r `�T L 3*+)'T •` � 'S'�,'V. �r•r "`� Flo`; `~��;'a;• 1.2� +�sY�C' --'� +Vxti r• 2 9y � `-.t.'s. ,1 ...M, •�c na�t � � b t ,q �. stv' yi>_~t+j,.�t�y. •f.:v _ . ,..-.. .�. / ij. y 1 t •.i \ � ♦ 1 r ,i i ti. Yiti �` '$.� i, ~ f 4 Yi."7 �l.�v 'i p-� j'••( )!•' }' �r1 i j"' ���. r. .p Y 2 ,01: L •'aa• •2f'� \• i i J„ }r\\ r.,, b •.Y,. I t�/'�•, 1 r } NN r ,Z� � . .. �( •:o-. ��'V^.,p�;,r�\.��.••� 4'li P.'1�r *. ����r�f t i:,;1• �1 ./,���1 � �'�u�W�� �r.�r a T•s_ r yY�••"_ .' 4 N-,. ♦ � \ Qt ; ��,�,11 '�'` t;��.i •l/ lt.�lii� �''�' �/•�' :'��, 1.1},��� I .r '^+`` t'°C• "•`y.•�- w!'s r.. ��+''� i'�n f �� ,] .•�� �� ?!'1�`f-vf� ,;'�' �'{�•J,+S �i'1 �.••✓'�'4•\�t`.T T..•• ''W • •tr '4 r .e �'1 T '`\jyR`.ey•.r.�.� i.t::ry' !f. ., T\� �1 sYY r l.Jr%' / ! K ut: �: ✓ '!► t •� 'T t J 1 •• � ��'• �� r S�SfiJ•fir• J' •� �r�t�1r '�'a.,r •Y�rl `�' /,('. •. �� h � ... . �c "! F r ''..,c'�r ♦ d•�j,l V.fit• Vr�''�;. '�\a)' •w{^p%�I t��.,T 1 y �r. ♦ • to � � 'tt�,�.1�• r•• l'"YtG.`{Y��•',.,r' I 't.y1 1�;,"`"nt l" •�'� .�•• ••,ir i�.t"�\ t'`��' a� •! !'yT .r � v}r'+ ��,��`,r•�, .;�~ � t ?•J�. 1 .!'' •(�,tr\•1��,' r71 •� ,,•� ♦ 'y.� �'•' ,,`,,,,i„ �(., ,5��i_"n���' 7 r'�•"+�a='�+r• '{ Y''`•- '� ti:�;�`�,%:f� `1.,11,i '',++} •,�J`.;,���1� I}lr�:; ��{.I tJ ,..•r✓,Q,?� '%!' .5 i e✓�.''�.. ,�'4u` \ ?,.,� ;.� .&jr :8f�"� { k='. "E' r- .R .lv ,� �)�:!" S'�I••.•r• '��M1� ,r T"Iw;ll��n.!' l 1• \ ,.ir.�,,•�^ lip��/�7w.�"' !. ,�.�,. ~'i r. _.k.• k%i!ri'-R''"'r}. s �F, � r s'� ! �..tyy I .�t��'�{� ! �r`.Itti�.��1 � t. - - �..�rr.�.f'.�•I � ;� �Zh,c,� Fi c yl �,}tiYtir Pi +ray(±'{ .II; ,' ! �! R/ ;1 r:!>$�• �u S• �i'a�, y,� �/ �• •r' Yri r 1'7«?r 1 v "+, Y�'Sn. :7!•, J:f, "t �yil"�':• t t'1"S•T v - 1 ,�. �, j✓i l .P� R^�i.. ,iN�. .t°'Q , � •.,Z'�, �1+; •/� j � .✓✓}% ~Q' r <t�'+�s�.�'' *y�C r est �• 4 �� �'' - '^`� tt�:•-ri• •�! rr� t?t7y,'�: � r♦1. �.�,`�irl��•:t )."f���'i c. , yy ����:.��� b� r�",r�•,, r. :'C ••� I �• '�yi ,� � ��k.� �• ix �\\` Y�.''�:A..' r'� � ��•�.•'.r��!'.~,`+ :tj Ell�,;i�yii• 11 'Z irt�; �" ,`�k''�. y Y 1.•' ,t. 4 ,1•�,�� 0 .V•'r- i�`��y 1� -4...%+ ` r f '�• '� t .� ,,�ht� n1 7 !�i /� ��1 !t 'r t 1 �\ �/j�j�� �1 ' L+ ♦ )\i.-�` � �,� a� � ." 7 - }�" ��` / s .` �., 1 1�y. to . . ,1• 1 c�'�o- '� •� •� .•!. r t f';:� iV i+ %+ : f c•.H t 5 fJ{)� -o' ^ "• tf �i .t `a4 1-.��,3 a,• '_'M. s$;("*y. 'z1 �Y t .•'• •_. }'P}i }s\kkl�i r t r + ' ti'C( n, �c m t ' S.ti,;•,�,,�(�, kY•t; .rd. •t *t 1 •{',r( 1 � 't k �)'^"1 j h % �1� t._ t f r. it.iiS.. '.� i�. }.�n`FP'` �f''l r C"• 'r,[Ty,(+j ( t ' 'y' � 7 '� 4� s rY i •° 1 r�� t .t��••� .Oti.. .FFF��1}. KS _ '� � S .. '} }� C=S:+ V a • y. {l. �yT�^ •r.it.y�.;a. Ys✓K !•w'' tk�,•..'� iS�:.li 4 �C�' K,y7.•- .�''-' rt-N Y .Ths1..! .4• 4 �. ! .c,l }�.�� .:n. 't. t t�� � •),v .r,'. � .q1..� s,i. 4. 'K.• t.� i.. 1 ;�. .(• .�'•yw a:�..w T ?F7tryyo,7l....r •,,�it'�•lrr l�.'•-}Lt:. �;' •� .1..+� 1• fir•.Ys,' - � .✓t +•� /a l.:•r y P:n. ••� ,r 4 j a 1 f:1 a#t` ]r� , i °j..,: r .•i _. tiI .v: iC? "r.. �,,tt ��' n. , 't.. r ij<7••tT r : t •',t5'H :l F.�•a .t. 3-+• '�' .K "� "&+ !7.; td r •t`♦ rs J t... •r r 7tiw,:j�.+��'.Y, n s w,.r .2E1 •�;,4... �.e. ) �C� ,a : `.h` P +�,5". •e-♦ • 1'tiry+•`. :.tY rl l: f•}.t_•.. 1 x� :'�' "'!' ';� !7 1i~ "� �:f .,5!�G r t,e►r�"'+- f5. r..r�*u•y�'y^�enwA7 �. �r�� y•r'. � � � "'h K. "!.�, .r '�" ttn r•J {�.. 1.G�9,'r'wry ��"i�y��Y",,y,.i _4ry+�er "P. y ,•,,,� r � ,�•- s ..:�*•` 'l y 1'?� T, f 3',..rr-♦ -;'�, _"i ,e•a.. ;,+ a'L:{ tia 1j +! r p .ga'•y,4':, .n� �:fl.�,;1•�•w-v"•',... Y14 t y;!� Fhs - >:d :t�) S•.,., _�� ° �� tv ¢�i t�:•; .� �.. �•• r;-�.. ,t rr� �r .. } ,.xr 7., )Jti i t ) �✓�C. > r��rdv w v7 �•� i. _ • ��. � •14 ,� A`•' +S .L4 1ts's.J•.� 'alt' t '7 v �' r '� r'"%,r ",q�' ' il'...•.+ S �.rr.-• ••��;;��,,'ry ��S`�.• hT.: `•�`S c r' b.Y ..Pt•�,{,ry. `-� ^e. ...(yL�' :it} � ''i � 4+.r -sir .,r r�...�..•, rs li �S a$': 'r ;. .t .`:7 � y�. �• r• .• feµ «rY f>>'K .FL'�3• SSS i� «' 1 •')1.: }� r _ z,t� .;.Lr... • ylya.��, Sr .er. .`t�;:..:: 6+y �...1..: _ .. - i '.7tw 1[t +r'^•},_ t'��'i}1 -i ;7'.t'�•: �-: r. 'S rJ t' ,!` ,�¢y�")+ .+t•t` .�•,„,rit••,,,;. -.)�c,,,�rr ♦w�' -X-f.�• ��•:�'F�:=1. •:r: C..T •�•.fc.+>; •� � rt!'.I.V,.• t ftt,r i�:�• '-e'N' tit ,i •� t .:1,:.. �o�t'�;4 t � "L,. ';J`r'r'"• ��"f) '''a;^. �' tii♦,L.,.^...0 �x,LL t • 1. •"t� �/ �•�'i. t..�'.r �`' 1 tv: 5., R � ✓ � +.:4` r�. q. t. ,,. U.;t:�"• ,},,�.yl,}.�•±s;•...r:.'�'', .L, i 5. 1• 7-.,t ` ,y:.rs.,ti t j: �'.dz•`-.,x ._..',•• ';,yt •t i 1 r-t 3 <<0 r� .r� �,�-�z .t i,�.,*!�..;i.i_ �. .1�•. ,r1•r. _,�.r+) -_•�•_• - ••:'t °." jr. .nlf '`V'�f"�.•.I... � ..rl F..�;•. 7,�T_ i.J+: `r � '+-� �t"L 1'J '�c� +_ "!t�.r •��4 y. ;"1 j:G ,,.' - ,%rt a C' ..r a �h�` wr T7-• C' � �-. '-L`.t ',7 c�'.��y� r-s •.:� l)� �'�,!!p�F Y7 � R�}� �5:� !*:S:W.� •aT��� �- y .la. J�� .. '•.-S. '" !'.1,•t-tr+i, ?=.. ti-+. ,r-.• rr•. }•L.�7• 7` P,` �+�t� •. • xv. ,2,. .•, I.x J' :? i •1°.... "' %'{{ etriG••..;'ud� .!( t L Lf', a"y. t:••' yl .,•r, '. (' ',5•n � i +�;:+ •.,sz• l•.. d..?ttc Y . Lap ! d ,s � �: 4i �u's?.j.. 2 . eL%�• J' ..,.,,'"y`u;, !�. �A •.L ^ •♦ C 'r + L.tr_# .�� ].^'...w:N' .?"".r.S. .4TFa"..wE�. 7 S� f . O'♦ �L,c :� 5�' r i wi Ml IV,�.�r^7Ya`�M� �{J { �kr"1 --,hit s "` `f!J j a^c `�"! Y •rti.'r e �,��/P�-, .ti � .r•, .V.. _N't� (• �yf +'� r'1" 7 .�-'6 { .��.yy jj,{1rI !-� 4t - 1t '. •_ • '�y �. (z 1 y d ti T./'�q _ r . . �'Y �.n r. .(.Q `a °mow. I'4.rv!i••��ldyY�'��' �: • . . '• � `•`'•',7 {y' r��V�2 1 fro: ;�� �M �J t�x:st. ,rP„'• '' '"r •, :4tr, `;EM• �.•,.'r +�.. ,tit',J•'�'a'-j• :.� -1....,!t;' +' i'• ..z.. +',i .r: .f t •. '•' t :.,r °�}.r�,� -•.•fr:t'M•r*•M••Rr♦. :rt .l i 3•�:a..1�.;.I f'.a'r v, ..`!. t�t :'t .. :oi ,` ^}r'►,.�t•�1yl,t r it'•" � +• v.• ' Gz `'. +,r•y,51i..3 ;zm Z^ •�)> • .�..w•.:. ,t .{'' • I •�9�� t.. •�'l'. '. :fri .•i t..'f sL l.r 4•+ •>3:yr.,, t.,�. ', .•�W 4 e.1a�i ~C :W . �l,•,or" a• •.r •Y �� '• „'••tet�� •r4. rbc.: ,J -ilY,yl�a��KLiit� iY. '+t'.i+'�7 41• t�-t. `d, AmincNNN� KKK•.,LLLt.` i - �' M�� �• i`S !1 •,►•' '.�y''.%:fr��"'f ! ��:a .'t'.�� _q� / _ �vlfti •• r •� : r,'. ,: .� F�•' 'cr.7 \-..." _ r✓' �: i r e f�S�1'iV S.•✓ t " 1. _ =10 �? 4 ..•:.mr..., :_»�'...•��'*JF'.i.°°.�.,h'�,,;,,,'F3�"' 3.1iyr •'t ' , �ri ,��5 tT ��t �r •�, r .Y •�,. ! ;.. .� ��.F ��...,�"'.�!''+""n .Y• hH.'S /77•'tL�1y R 1�� ��, OF •-��. � r�,' '_ w �+.usY G..r_i �,`?;'. :int�!iw•' nfi71 .. :,•tMi.�J S Y' it `,�.�[�f'.� :i•.u(' t :�v r"'t� ,,.dy.. � ��'•r� �r •y JC� 1�� t�JS, i;lr��,. �r0 - -nw ;�•H. ,a, . l't!a• f. 1 tt.. `.,r ry�T� i \i �lEf r-+;" r. i,,��y+ �,?��� y� a.° "x qo�L�• �fiar^^" .r ✓� •K[ rr i:YC�A"fh iN�"_�,.. F�rwi�!1''i'"'��f`j�� y o,.•':,;rr•.r...v,..*•,;i, l,F��1}"'� 1-,,r=�="nE�'fe�lL�'rf 4•tT�`�9,'� t�� 'y� -, � r��:�--•�•.�s� •t^•�4tp. 5G'��'<, ,,�,, 'r;;.mob. ;�.. °�= �� �' ` r ,R ` r r 1 A,«'� � .'�}{ �; s .`F y.y"in J11y�i^F� •��" y{f..e ie.�.'l`.'- --�.�r•�r��rv' � .l�1..'. _ b �$�{• JIB ti�.','.p,,, f�Ir,a{., Y4�✓jJQ�,t•��E�r•+iF' ere��' l _s `:,', +� L'F 3:1�M` �!!N'."�t'•v ..t rj�tt ,��y '4'��X�i.-r j4'39,1 z73 t^. {,,(t Mi•��.ei:ri'e+.+.t�l'+�`!� .1�1 '.�"�i-�,�.�•+'�i���;4�' ..rf. •° .,,y„ •t•r•. '•Ky' !1�_ �1 f�;�'.':I�,Li ;x;"":1.'� ',C,S7,�ii1 aRl'i,+a't�� •��i 1C:•:r�i:r::�+::i�,�:,�F:�!f';'4,i::�c.� •`+ti�_ •.�r. �.��1�,. fir+ ,( ''�`f`�, . .t11 i, i(!1it41h y ifr.�11y .�•:n•`T�' .t::'✓�,r;' a.".E,r,',,i�#�':it:�,gll( r Till,. s r.�:/y� .rr }�: (`1,19. Ihy 1 �r•��+�, ,�j?. « t�,} r 7.'�' -y, ��,�{ E �'�-~l:+r`-• p� ('6a! �I••� Y{ •4, '�t f17('� �fIJ Y' �4,�.. 1,. :i/• .`';'k�''i� �vIL F.'J�*' ryL•1 4�~ 'T,•�' "'`71+'i� res••. '�•�•�Irt T'��T. r � .,1•,�,, '?�"s�%• _ �. .13� f.,i ,��!f y t t T �...••• a. Vii,.+Grit y, m 1� yi 'e �v N. I � � ,7.�(:I�1 C�`��E�,�1•C•�'F1 � p•� x •Ga�i.,'Y }''�}�!:' d Nr'lq;;'� ��'� r,.f ..�.. '� � � �•Tj• i ki �' U ' � "!'�1:�1't'.. � ,.+ n L yy� -.=4't�w. 'Y�. -��•��" � .��r�uc•�r�.,•�,rrp '' I Jr� rj' •'I'I• •Q�•t9 ��'• nn r�. �{t,,��i,}gM y yr� rt �t.�e,'`r,�-', f��.��"`uii:e�' V!.'� r _�y.�,'�ir. � ��'s ca 'L�1,t�LR-7r ,•• ._�iY1lL"+l/AFi.�'. •ro •c 'N'�I,. I ;;�, 1 1 n'. IU�I' '�i'•• `.}yl.:�l +' Yi '1' ':t7.rv�ii yam, ti, T+• :•L"'• ':'��,,,F •t r' i� ..'a ,Ijb�Il>.fyt,a�•w u'Ci:1�f t••�,'f,'��' ',.=��'a.(•tl!?S!t.?,� }rl�`�7r':fi.l�� i' � %'� .••� M. -.x�'"'- .r• .,�.- � r• b•6^ •5 I_ S"e'�;;'pirl!��'I�i,EIM.'(,"3. +'•1: ti.i��k' '+"'^t•S.h�:1?tt!�liN� � ` �� �,�yp 1 •j/�'J ` � N' �, '}�' �y'. p�{ 1, 'y� 1.�. 4��.,��'�">w�`"'YY �».d�•'.w'•. 1�lle!i x �• �' t r t -� n`'i`y'p.. w... �; rr� J�. '�,�- a�' � ,l ?moi'' \ y I'1�„1{� y,: q�� �' fir. ,y,.. .d•' 4 i• 1 '- ...Sy ��r�i' �t1 N � � ,�/•�v{{,,tt I 1 T.. r r,'•'y�=1', �� � 'h�,iy�V,yl .s��„CE 'a JW lin da.'�'-yt'J�'�• A � �' wr itt Z.S+ k�n��'NJ{�'ei ,SEtJ 7 C, i ^i� •.{, A 3Ntr. (1 .,' f*�. ,�,tt S' 3''r' + •� '3,�.r-'`._vta '" i�'tp���`3 I r'",' �:G:-.., '�, ,,.t- � s,�;,'��t.�.�•,.�i.F';.LI . ,. `};� ,jv a•nC7; .(t• a��» k�,�•m2 �4r s.7..<• �.•_' . t�� •• y r v' •; r' '' ..:1 ..•t ,w ,fKF ° y�� ���F }:,"' •''`$''i f« ,f,; ,,r;{ �� ," .+. ';�TFITlyl 1`•J� �' - � .''1•t' � '• y ��' ,y�d•.•""r ,, 3•;�'q�t�•3Mt��,�C��,�kfi', ,m �'� ���r h�-jy�t�y�,,a ~� i �+� } I• - '+ , ".3:� It'�(",•ii �l i' rr`n^' � 3x •�' +.�']I<: '` ;y �"*r• •'►• ?, i Sr 4,1}«• ,rr<'•�{�ss f"ttW�•G,y� -f � ,• h.a" 'y`'£�.�.5!'i Vis""]-G: �.�: s r�a ,...� })�,r:1L k'l,t ?v :t�.•J�'R�•- w1- ':'•�.•'_'r�.:'".-:.,.-�'.ti�''•�'Y.P� }` ,„.J Y �a• i/. i. N .� ' � ,fir �,;Y '_<•�_ - j,," � .9: .............I ' imt� u fl'' :�I'•. jil i'-���� a �,,..���"''�'i•yr .:• �t�l• i, .i '� 'i !�r•ll.i` Y�':. . 1{(� � •3. .1. .,�, �. ,�,,� J �( { ( �i .t.St � ,+• r � �, �. tl#� +->•�. �: �l�'t*a`.t=M__ at,1,�r`N• .+ai,! 4 .M. y •,•t p,+r• _ _ r !, • � `''+,1 ::�,i! .li i,.i I:.'j', ��•!1� ,{ �r•'r!Iplll'�.d ;I �il'rw .. �•.=.•.t �+ri fitY.C:�•Ijti.h F. +�f"" `y�. „ r •;�2 �3" � •�� � ra. !' 1L"'.i.�l,��E; t1('i{,Ut'i...(ux2Nccytt!_:i`� �}�}i' 1+ ' ��aw'::i�ar:v,•`s(d:. �,. � �v1i�; ,I 'a�"\. "v=^ •,e• !(,.• t• H t �•�I j,,.,ll��py �1 2'.I I IE. �i�r(r�,.lr;rf. .I'! !�iI�I� � 'I I P t`I I 't:r i:F' I � ,v_1 �v� ��3�'•gr'?L?•-i!'--� �F _�•• 1. •^�' "����� t ,I`F�'�II�r i1I�,�,, a t,,.t ''� (• 'S.� ,'LY;'.1�...,,n•� �1'` �a .,r r:S." n,je�f�^:. �.,,.y`,�.y " •� � N7t .�� ,pli q�i"Il�t" `��Ni'i':E� �.���;,.. I ��I) j ^t .t a t ny� $- �tL•'*�J;�a';�'-'-'� ��te.{'i' r4.i=S k t,1 i �• If��: �Ii .�1 II t;.:;..: 3 •�•rJ T... T ,4,c �. .10. i$ t � t✓NE"• I1 I Ir'E 'I � , I ,7•. da;j �•' V•��Y �t}l.i. Y,q��. ..:iFi _tr +.�.��� '`�i�l,,lll� I,9�1!'i t cln' �i� IE, I.:i ppy,t' s'i`?:<:_^t��q.�,*v�=•.•::�;' - ��--�:%i:.i.r C �' � 'r; �!• � '�!};E�I�J �•(a��,(' � 'r( E "<i:�t V y;+t?-t'�ga+r;cS.u'a•?'-Y•�'s"�`v.�^'�'»l� ��+ '�Y _ ,.r. ' "•iy a f.,4'.'",II�t-''hj�4'• 3 u tf' ,ij�'1r}{E17I�1" �I II((Y�'' ' 1 'Gl, .0 r^tt-K•�.+F a� �,1,�Tp - „3: 1i .y a•...r4v°L�Y � J !t.Ili! 1�'1 '• I F,- -JJi EI'lly'yv 1 � w�'I�'1 ,L�7' `t•T �� - :s •v: 7� , '* �7". ;1, �1" "�gAl;l it{ , il.�r y�±ls!'� �i E} t + >,'{.:�3+r:..: -t-4+' ;�r'.�,-"4:r:;.•. :, c ;es:.}. s:r;� L •5+� 'i :f:ip.v ' •�„ Y'p5 1 J,p� ...,1. 1\ '1E �,� I v 1�•- ��7''`��.� ~� �,- +�,>y,xa; �� ��, 1, .7n+..�.i,� G;���'E.akii .r'r.,'fif%; �w.. t;l. t:_ r a�y �o+'<lt'•v:��N.'k ;� t^�1`�Y;,e ,•.. i:' v r,iq. rr`.. �Y� "1 7('g � :C'� 'N'N711..•�1�i{+!i, iL! Jti�kEl+x, l�rii ti�:9: �. t, v;:T:.fity-'t•,�.+•.�,,. 1L v r�.'�'+!.3.,�� _ ;v'r+ •;��'Y«R J.r' v Ilf," �7t�'lu'N I. 1 t ,I1h.; n�•.�'d{� v: �:i - ..J•�l.�!'t••:rl:,x;, ,IrhO ';�" .f''��x:. .'M��sP''S: !t4r1 .f" �� '�,�:. �+x;,L. i ''i ,,��f��..•,irl',. "� t,,,�t;.'�. +fir {a�N'I .v,�F1'�'• - .a�ff,is"�5.27_'`� c I c.. •c U�. x. �t ;�t:W.=+:a4� � , ,$yry� �'�< Yb-�- w c •'j�•111 'ti''E"fi r.. �)'�i: ir,✓..3•++�,,Jr_,1Y'Ilull� il�Ux11�1 y,,t10 ��:4•�}Y P+ $''hTiSs'�`f �`1'.•'t-'.t yf,}"�•7. .y,Ty.•Y�g�Ly' �+ gr�.��.�Y.•�.r,. ��l,w`� -L� �l 1r �r.' � ( .nTi.. •7 S.I:'SC101M ,i}q� r•. ,...,,,w .1:'.,s;T.N���'���' i...ti7 .l.q t� .1�'• h"iu•v 4�,�.1; -t' ��,',,';y l?d�`,L�'L�•d •`'1.'E�-i �F ►�, _ f.mr I- .1,+!•. OI'S!!!{all�,l� •11.•C. y�.�¢."�L�',.. .g ��!r .2'��..4G .1 tt�ti j,.. S' fLa 3h` ..... `�•rt �� 1�. yi' a1u..� yam• 1 �3, 1� � .1r 3 I S�1.' ait Fy'i• U!3 r^.•vri 'yt�,'� „�•'�Y'tM-•`it�{�•� .'t9�' .3;�!�II ' '�''� '''E�.4vl ,,«,;;�•.._ 1y,iy,t�4 ;� ;I.••r„+n;„-. .L.c, �r �9�.:Y."�•�yr � Y E II,. 4,t• 1.,,r. R E:�! Z :!4 ;,,y:: 1 p l .I,'I I� 6 � r I � ,.,.,. >' � {.j �..83.t1', ,.'Q �3A. '/�'.J hr� ,, 'rl't t I i1�'v.. •i:�1�5�:... , ��n�"7„�,'v�•rtu !� , �'r ,!--�-a..�,tK." ti'iS•t ��'`'` I�:'.' _ `4~= {„�� .rr°, •t`1 ., asrr+ .r.�� T�'K - S '�''•�r�- l' Irrn+ ...ti, r .ur"i W ''�'i _ Y •v •••,,:.a t Y..._ L' {+.3 c l •b !�glEf,l,. ,4. J�r!'i i •i i •;i(;j �'y.�r r•`'1: :'!-`:� Y,,r�(�'ti �.= 'M it g.�••`'`�;'r�`,v .-`�.xC,•n.. �;1� � y, '.�, 1�•, �M t��r i0,�,""f'.•1_ ✓ i{� E, �'• ♦ '';•^i'4� 5 •'�4 \•a��at,s�4':ilt '2;���,. •Mr,. �`�t *' it � /'# I U� I• 'rt ''iw,. •J.. .'��. te`:.r.� r�� •' �' }"�=rw"aa'��i•�+��; 1�w��1�y ':, a o, �- ,.�1 � �Sl• ",�j ,.(i'1.v hh41h.1 '�- •,li' s�?,.•c. =S2•7Ne ,�' � �" :� :d;,':1�`;'* � �`�1'; :r. •4.� '� _ i,� •1, J1 .,II�' 1' s r; �'����j"�.��i,. �� ,tt�j� r� .4' '9..L 'Z' "'� � •{ •� ul'�EIIa1'Sr Yil�' R'-":.,•..-• .+. :� �.y;j�;U�♦�� P !:r+r'y.'A•s� .�'' IIN I. �•, .!��; Y, 1 1 r�r'` `1. 1. r` �t-• �„ SCJ �,I rc i 1. �!' '. {.6v' ..� , '1\ " lrt 'd ,t. t. i•ft ., { i 7�4.s•a�; I .a ;i�ia`V�• '�+ ••`8;l� .Y l�f.d.yi. 1 i•f'��' 3r.• Tq'�'t4•il i'hli•Jr.oi�.• aq I'C':r• i. •:�'.��?•:• ••ivs;:�•^Ly'`;v%•'. {, .N �'vi�=,;.,r„ ;, :J� ..�� �-�r. �•;sr `�.• '�r:.:l y,.- j• �j,¢tJ'd:1 1 r(. � •J• •: •�`I I�`�+1 �� C^F'r�r. ,,.�•+j Jir• �fr..,, ,�re, •4} S. bl.a ,� +` i p• .M •,/:t ,3L+�„�- •�f r�^' �w.• •y ��Y"i, tlrl I Cs•,;,!'%}i y� :U. �.li�r�•, „'tt+' "ul r'+' P, �<,4 �'�`•L'^Ij. �.•'�`:�, -t� . ,c �'�i.`'R'.r •�-�� ' � ~.'+�n+S31},� -S,•t:s''� i• :lf•' :: I(' lit. � + by+,�i 1.a';: ' I t w�9ar,`�i;�: w;t :;'st'•at1,�!�31{If'• W 5�;�'i e,�,.: v w3�� +� t• A�,1,_ \a. � j .�1�-p,1�1 � ��J, t�..�t. ;N'i ,�Q �'��,�} tti.C,.rad:• 'l:'r4• .,,:t:3YL"•F��3 .c�.�:••�':•:.:: .r yy, `•r !'3. S; 1 .;w•. ,•� •j 3 i ;9 I- �» !(Ni,t�fil+s�� +11 'h l l'.t�;'• i .'. �'Iµ���•.n, yl":t`C"r�:J �ti;t•�:1rfe'•rte'' ��:.;t1;::''i. 11 '� .. �$��+:A- 4„ rTt^3 �r�,r 1. ;' ?' '• �5�,(IIII �� I ,.1 ti!�i h{ •r. T•i'KI�' �yl�j�.•+,�X'•m. •,��� .�\•' ..,!.•.•C:i �, }.. � `J- ••� t -'� �.II'Jr!dal•' ,�. 1 r .ua ,,ii � p•:: y�•1 •Y'I•C y � l w{ :�. r r Ahn I ,r$� I.;U"�• '' ^!„ •�.• F�'' ?i:� 1'•lif"+,. •� ��'•�'l;l`h:t�3li:.�M\;13 1 �f .� ',at•. r •~,•'.- :7 ,'�..�_ ,,,. a .,.4' t?Il� I ,_ �i��; ;i�l i Ilip�l-'liS1•..tY� .�,,�:�. ::lm•F�. �, .��.. - �,tll��''.y�.:�' ;ter.. {Iin-0...• •'7: h 'rf7 7✓ I � il' �` n' •�{J�4�� T� .art•t,t 4�,,1 •• 4.L►•yyjlV�.i S.j���� ( KI. � .�7�•Y `�3 �>'I. ./.' -.t' Lam,^,, ` J• { ■.yy �ry~�t.13•r•'11 3 I:IJ.]lr r,, 't � "'T ,,tt.+ r 7_ •�, .�:r~ �i�l.';i?n.... t) HCl' r .�}��� II •:"< {yj",t ! I •..If{(i. „�„�tiH"r♦""�,a`� .t 'f`9'�!:,'��:�ad. t `'t' � ° s. � - �� Ta '••• 9". •,iF>C;,U't g '• 'tp`'al i{ru' .FrITt ,,t°n �''il� '}{ �rt�� L£?..�,�it,Z�a:`� I�". n :i�' ..:•4>� ix: �.. �� �`�!• •t ttN:.u.?.�,�ra'' ,^,� y'�*','..� 3 I u;, .pu.t 1•j �U yt I I 1 t. i,�u 15t�1i'� ,(i' a t `� :•:t•• r.C`•` ° �:`+�t''''1U�.' �'r,1'. 't, .0!��fill r; d -S�j'I'•g.' S� v"S'tt IiI (I�r v ,111Jt�I �I II i .. � p ,.# 1. '' 'fit l �!I ;!�' ,� 1 •`a�• :t�Ki., Qt •t, �•� ••'�. � tr � �•.�9,�,' •,. .}.. l � I III .l. �jI}{}��ry4li��?I�. yti�.•,.�', .r�� •.k�` '3'' 7i3:'x .1.�.+� vas ~'i ,�;- xti, IU I'�Ip'��!WtiGUf ��"'" �sl ,.�+t,}Ltti,�}fl t..,>, ,yrr;'k � !!.i^��� "3 •`,,�•. 'n'1��.,�: �- �•j! P,_- •F,�`'. _ .. � _ w:i11133r .iltti�.1(�+I::t±4•t'.•,•,, �t i �• '31.iY.w r�r,t�`.: �3ti�3. �..�►` •�•: �. i 3 I r^ • 1' .( ��.iL.: rtR:. > v,V,�pi�.`�i•:V:• � ry �+"�`�'•�'�bt,`vt tf>•'2`iO'yy" rr.i�• ti r}a, 1. � X nnitp„,r<41''+' v )�)•.�'• �`.n rl�t!1fYpF1v4�:ra,,,, ^1t?t3`'l;V`d`,r��t'�=' r"' :�`"` r`„f!l:��',`y'�`„' 'ri' t1'r �" 4 a� •�r•'�;. � iun'."'"It xt „lh � •++.i� IG4:-3'�"@w,• �•ti, � ~�,,;y, "��I1`z �I i�;L� � +%• •W�!, w f G�f;:I'! - t 13rs 't �. r.�\•,,��:�•• ,•:`y`�,'.•!itT>. �7�.,"�`�.. t4� . .� .� N�1 t 1112, -• 'I ~ •.,li., �'SIl��7•l"!:l'L, • � r � ,t!i �1:CVr'Z, � .1� ,�_ S 'Rt S aZ.•i i� .. �'�h 1!t I 1 .Ct1 I! l,,, x e -4�+`•r $•,• "c n` � `l�c 4.;u M„�;h 1.J3• •v i.« 1 r, 4�, ,�!�IF�'v...J ,.xr. ,.Ir'•1• � t.r,R.t .,�r ,y y a.r3'.4i r• r.}�: r r 'r Y (t';',�y.•.!�.�'�•. .r, - •i' •''�11lglttf"t �-, '••'�.�"1`� �;�i =M� '�lv.�' �:. mlma, '!L"IIE::•{�.I+. INiI I�f - F� 'rt�l �'I•R :1 ,�:k'r e.4 �• 'tv., ;:•�'•.;. a �° .s..a.�kx ,yt+' 'I �' :c U'( I•I�` =�f... i '�! ,hili' I 'I• { 'w Ii. .�' tr.•x,; 1. .,4 '�'�;\.•�.:��•� r ,v.:t'' ; ,�,.F- i• 1 � ih ?;�j�d.{!��! �1 •I. I� I�,,(('' i �'�,E •iE I: !• �Ir?;'�'��r:�?�z;' ��• '..�'•� .` � �';�.�y:�.::.�..,��'`�,�}` tl '�.`'; . •u I it I� ��f�i�it� �;I 1�{ ! f s � � I,.i.r•..,z ,. , � u ,.�',.: >.. l t�\ ��;�:�..--.�:��t� �' .. 1 .1t Ilillii:ia`9kv�I``I �'�• I_I i I}i s ':elva2w�L.«•.r.v.>r�nom..'[4L':•►::tar_ - �r'�'riY+ ��' ` �` >,� t�'v „�!1 '�� Y11 ,"'(,�} '• !tin •;. it ."�M'<,=RFs+,� / J�ti ap!� j • ��r .Jt \,�,;' ♦. }.`� `t. ��`�a � �h �i «�'' la1' t,'Y '4 �I` 1 �.,• , �...• Y •r ?=.y^�w.r�iv /i•+S'{�� i .�,.a:�'j.� e •Ys Y"V. -y' �!. � .y\'rJt�''1 t i'•'i:. :.'~� �"•t�.�•�,'�. t��;••�. c+,'�•.��t'y\ �� i.:'.}�� r ``,�,L� ur$'!` =),1 J,1 ,c.s .y'{.,:� ''t;•r sar��',.� ti'• Vli�is �r,t L}'S r���� -'i'�wy''`�y.l��\1,i♦``.� °`^;\'� 't •q,'I Jj,,,�,a}7>.,�.�f,..t,n.^UN.r; ♦,\-,,�� �t,} 1 t �l 3',��1�� r.. t• •- H:�.y� •� .,}� �Si ��� ',. .��.:��;~\ .+ �.ji•`M�h. 1; ',i f t7•�:i'r/�Y`i `'�;: T�tet`,a���• �jf...�b�>.: �1�.� tfr' 3 i;,Y��c tt�}'A. �� 1:,� :'y�,1 �� S r .µ.•. •.``—'' 't�yYi,;•ar:,:;�;j�If� "�yt:,�•,' ��-'l��r:�`��,r•�7� !�I�'�M{,Ir::/. •vr�r,'�.,Yf�;r j�i r d�' 1��''.Qh',cv��f''}�'.�'.';.a'�' �7rt:, orp �'yt;'i5�� '�.:� .�? r •.t. _ .y• /.�'}\ ;r., tyl.t� r v s }>- ,;\.. '`,i l .n1 ' r`3'- `t ..•'4tr�J l�•�',.7? y '. •.� }( r'I.sh"ea♦,A,-7 s0' ' •r../ � . 4l }" �•iMu 't - •• (fit TI,. �': ` `.i '♦'�• ,!``F t #V•�14`7:=1r?;`" �1 '�• 1'•vw�'�• :1'iS�\ w jd? ''+,{7��.`ax ' :�. ';•�j �it,��, ';1 J rr.r ,Cs =�i,7 r. ♦�• ~ `us., "`i1",, �l�::• \�: y♦• ti;h°A 1�"t`.''; T 7,.,♦t. �C �' •lei ru1�,aLr.nt h�. .�Yt �ll�i�l''' '4.r .Y••Y•c'1' rpt' i ��' ,; I t.., ?U ••� t �-r�'.:a ...ti �y •,ryyc, ,, r s�.' ,. �t �.� •� }��tt�� S•�' .... u��J.• t.•1• :1 v r ,r, �>I► 1 ti'i..• ��: .;-e. � �.��.. �•, :i f,: �'' ?':'• '•`��:,•'3> i Ab v'':� �'+A } . Y..�i ti ^v`:!{ h,D_ !'�...� v `l; �.' :. r• fti :l !' j�:: �' �c{4;J'r '�. ? w,�`i'T ;:�3+�. !;•"t,- I' •�t:.z� .., C� '` Y r' t� 't.. � ,,.�• •¢,,�1��� ,• �.��'!"I .�!1 ",�• - .t�/ •re,��•,: -��J 1.'.•.!�tigl.r:C ,;•t',�v/:` •.^-r. �. .�. .f: ;•�--n '••'*' .tom � ►'?.-� ,,�•,a• �+:5 �1:� '\i•t;�..: C ;r"� f/( �;� � t 1 ..�•�+}i^ :.r:. �.i��4 - 1' •`�' !�"'• , I:i' � �ti:�t'.`•-!-�•.•� ':.Y�. .' •'`��ys.:�•� _ti(vt\-.'7't 1 :.!•. .•�,\ •��s.•.-•s..JD. ..R{.��$�/+. Vit,.i• ;..r />�1- ,♦ `1 /���[y� "� - y LYrr: MM —T, ` _ 1 �`l"> �/�,{,• �Ti •}f u'� �•.. �/1 t ( :� ;`� �` 1 `j :�Y 5� ; � " � f' vs1y1 + 1 :1 L�q {Lal4' ;r.� l��. •.,t,, •'t�� ��►�' .� ,•:l • F'.!4''1\•. w. w /.!!>;..�. .'r'�;;: t' .: rYr t..l �',id`.4Y�"��.` _�r t E„r•'-•�. t '•;�' ' : + 'c •.��+�� '�c3'i, •� .o. >i 11'A. i' ►.�1 �.t .• _ �L �:^Sy.,�16, "';-, i...�.:.�.� v-_'X ..t,= °'` 'f ±•''�5. •fl 1 .�•,.,, ...�t'��,;� yl•r7- �. , �3 Pls-- �cr �i\ ¢at. a + - .♦_ .l _ � ""�••k` � �r �i(� �° /-��a:� •��-.,•,i,.V;•.,i:� ( ; '� '.�,L�' ���;t '\ •o - - ..` `.,"'a" .di... t::r,t�;..i�'r•'.t'r '^Zti ,.•.•10. rw -,� l,3, .y. 6� Q1 �d `> .�•�_. . i ,. � 11a � � /r' ay;;:ir",yY'y 1`..y,b, .`' •Z>: �•r \1R� -a 7•t/• :�'_ ' `^ S �h�� � ``J'.` a�{I .. c .3+"•� i `•r ••:•.'t {! �! � ..• + 1 '.�.sr� °5 r.:' ..�'S �``. rl'tL♦`uL, '�. `rte } 1\t:. j+ iyr•r .r r _ i -w••• -:��t, '�•T. �..:, Y� -1� , �J. �1! ••,�•^ •o}. ..I't�0'� '°'y..>, _� ``♦ 1 r •rO n•at':r.:.`J .c• 1.. r ,, '• ,1`• ar' �. r - 0 y. 4\4-..L+i•'r\�� � :t '•3 ..`' ., b`'`' •1 \ r I:M.Y r / �'`L.�s � p J�iv �i•�t/� +- 'ri�:�'11�'-� ' '.r -,��' ']�. \ �•� 'Ir„�� Y -te,•'+•'..rr�� •"�, Y.�r• 4\.-' T)+.� � .prl t\ 41• t _� ,f 1. • .I •' v"'' t .,•..•• ��{:.u. .. � -""i•:,��T '='tea. L .t,�;rr / •�.� ! \ � �j!' ��•j�� f >..+ �' 4� ��lc.lr.{ �,;r„"rs r. �:'rc''r ..}p�.� � � w.'c' "` ! "/'.r x t � 1 A�^t�•�. � E� +{ r- 1 O�•�Ni�q�t .. +� .1••'ci ti,..� •�..•. 4 .. a { o ai i�•15, Z .' :.,.� Fr,. / ' 'tl �3 �itv..71, E ,.r ! � ... ' 't• l?.+'�"st S `�f7^ `.k' ''ITS' 'r '•y3 r _ " "1• ?r.^t �� 'l 1�.`y�':' '�► 7 \` 57 •' I��' +�" t$.d Iry S=1 ! C J� f; .�` +..�•.,. _ ,• .r.' V �T-�.' _ � ... �,4L _>ri _'�}`i. r `.il:.: ••"1 �.T ♦ rY •« ��SA� ay+..dY J+: ^•�._�-i^.' �� •sg. �' «...� `js ` _ *- ".Z;.,.'r �-w � +"..� t c7:"r :� /:, .P A`/..:} rt"'cyyA e". .y�Cy'«?d" v�:�.. -. ,� f � ?♦S'^ - + 2. :�• v f: r� .4q r;�-'- a. �r r 'jrMy t'�Y•'H•y`^�+•7SJ ..- J�7'''7 n. ib 'X i mna�.., :+'�••''� t (: ;\'�' ^T+�.r-�runY•a3.` • �M,��+��r i7�•�•.n y. r• rK• � ��,t 1�''`]-• _ a _ !/ '6' '�.Lff.r A.� ^ _ _ r-0 �-!�Y -; `,II > _ ,+.�."••- t.;lt� ,�•`Q"e• i/y/J' '!y,�f�n r�''i j 1+14;+,. o t,: "' ��, w:r'- •' 'd ''A: '\\ -./` rw •ic2 Lxr99 f;.f.,,},`y,� Jam,. , J tiw f! 4,if4t / ,ti r' y'!'�'^','r?j'T Y1�R„];�i`, ! ILS' _y .[_�u `• + x�:t,"•t++•S•/ �� •r! i..,�'�i J, /^ "`�' t.+.►_ • r ,^•l� .•t; �+"rb _ =Y� .� r >.+^^ •i J- i,' _'1 � �• �,,,: x �R}^ i;i.�`• �a�sUWV '_��'!„�._'•�- �n!�-y'F1;`•� �t�•`�^ ..�./��_,,0,.��4 3 a.�a.:.;o �.�,c R,_, .'_.��.'•" y.,., _���y fw� -.%•.�. .tr�,s�- •.•�� ?.�. .►1"f+•�: l ts� ;,•s•. l7 ', ,•-''t( •',� ,/r'�>''�•.,�t" -t.�.��. t 1 ,-.♦ '�`.r�...'�„ 9JT?' i' LL� 'f•+Yr',• �/� ' .. Iv 4 ram_ t •r ��r!'' '�,. �tc�, }�•:i y •;�-af ,:..'7-'•y 7` 11 .1�J�. r. A: •: +1'. C .>,� .SSI`•. •", ,,,r7••t(`� `L•�•V r-. •c R' "°� .II y •a tSzy:. •.t' Mjy,�+ .. A.7�' ��f. ���\� `+� '�` >.I •��L'�•.. .�y u.'r,� / Y^ a� �e rar A t::1'•"•+ 's' •ice". f 4�• j;t:; �Y _ C:. ' -FaA �:1 s a • mss r%!► n.tC�r.' :j`'Qlti -" ..t[` 't e+� r"^ (kl ,� ) °i`'��;'�,`t��,�,.�;, .yr; 3 .��� Yom,j� �..• ! ..es`..r v! •r r i�s„- .n%:`';• �+ rir� !•�2.,. ��r? 81 ..t�,;;tt•�y,�'3' y♦�� �. 's.���• ``! �9' � j i'z�;,,i`� •;�,••r.F,.j' ,�„� �. ��,1.•,t�••,. a ,�. ��. ��`yyr.;; .i. '1,z�. i'`� _ !; "tt♦�.: t !#!� � _ s:n �.__S•�•'a'+.. v �.,.,,r y, T� c�a'/. � -•i•/: �:.'t,�` `' 1•�`)� `{i^ t •. -�_, '." �` '" r �1. 4p� �� �:x / t Ya'i. [. `y",>"" ,a.•:' ,. -•'1 ,r.`, ' �' .W�''-1' #��.( fy"'! i�RCc.'}-,"3 w. ,,.• � e' r, J., \ :✓ . .. is �lu.'�� � •t• `!, `t�.� rt~'.t ����f~'2./'J p..t��•` rA.'�r s.e�";r+.+>:��.�`s �'t�7�T•' ;,t. fir�tl��u�t�"��s,.. � Y' $ �y;, •'�'+rt i{'`�, f• ' � �, �. w >'+2�\ ��r •� � ,�,syj F trj"C�' a'J'� � r �`'+:'r r v a� a e'>z �� u «�� �. .�,`• -a,� aat r�`.,f� �r tom- r `� a bti'"...rA. t�`�'�'i'ry?7. �ti Y�i`,'''X�.4.d'5��:�}� y`� ",�e. Ec G * y ./' "°" � - .may r `� "( /.• -s'�''- .• � �.�. i:.a.''`�%•?�'[ j. „• :r�-,r�.l r•J_' :!4 .h •�� _� •'! [. - � } �` M• �}�c �'+.�r ,/ .:�:: 1 �,r: r: .iz">'•`+�:ar" n�';�.,�,-,;a, i v,9� f� •,�, rra4�'M .r a �I+-i� '� 'T•f r Y `.' �.! •3 a t`4 M+� /r rr•':�+r-t,.7+ �,#- w t :..g "tlt.yrr. +� rT,' `r n- `�`'` .'ry�„♦•� _ 1 1 sem..;- .� r+ i , {'r , t `•''.. •" 16 � SFi. '♦ n.� `/./,� :.a �,.! `�� �}�:'P4 ♦' ti. 1 ''� 7�\G «•`;'[T!' �• �� :te ' i��:�i.'�1LAs.']a � y .�» `r 4'4 �` '�' K � '. '"�•n+. �- _+, � �.• \tl .. i.:•`- at � y 1,.- y„.• ��'-r.” •' ,4 �'c.. '^« ��`.�s (��}} •C'�.- .1 �c �:•:��r:ri'.: i ..t. .�.✓ ,i} .T~ „ � " _ :o..":� \L... Y �`.v � rl�e. � x! �,`i t� t ��l k =.-• a S„�t �>.� ,`y" «ls-, � a - +-r>i,4 /.+ �,.•= + 11 yy��«i ., •ea,1. +�. ,vy. w 1..!`�+•�..� �l "�w tS• 't ..-er zSRm. 'lt"' c { ..Y.r;.,..... .. ••,,. �'�`?"'� :cL,' ••�.N 1�- ,1�f"•. ,. i i i-. ♦" 1 r. _�.�'�, tS� .♦ �'► .J t .. �. J'� _\ +:i-� „�cl'�.�""��w•� b',7�^ �I.. �limit•'�-' / i•'1Y�,''�^<^ ., �-r'i����" � 4 ��. }�♦../�'r /y,"�`..'L�'C. .,�..i•'t�\♦ ;�• j y ('•�y. ";i,�y .:,.a...-"JY -'• .'t�,t ,a ' F �� '.t: '�''' '� s'8 !4 *•^,rx, ,• T R'�i','!' •^f�. Tt�� 4• _ l Sitr'q'*.t; ��y v? moi•`•. -a-` ••�.'!� •�. +<:�,•. ?S C�� -.- �1� �•yy •�... '�:"w ' '•ir` .;r +�- r a �. r..��J 1r `� =`� • '^e .� ; + • a f�/ �� .. r } , � J` �.a 1��31r�,ti's` 'r7:G.♦•f p ,. ."` \=`• >� d � ` ���'' ,.. t IS-✓ �` .Li �a�t f j `l1"'"'� .11 f �1�.�{l �f � � LV> ...Lr+ - �t t ��'~b, ..r -_ .. •, .��+,,:u �;� 0. r "r'`R�' �.. N�� fi 1.1 v• ;/.V ..Syg�„ �•� �!. � T3"� lop r �j-Y �x]��/dh!�r�v r� •+ � •j-���� wY 1, '. \' ,• 7 •�jtt+�>a ,"� r t'• .. JL:rI J �•l i +♦ y. `r . � ' r ....' � A : .. I T_ tr �3, ` 't d - 4�y^o. ? `. icr�.:�."e�u! '+m.., v ��y���``� • c .x ,..c=�-^'� c., (>:1,. ��. T,•.a 'J.: C: .'7; - y"~ f a Ir,`' �� :,� 1' �:r->. �IMF, �,�. R'� .ti::yr, \\�S.�♦ '11 .� xy � .•�'.�+•%t•'i':.�'.3-'.:;,,..�`•k °% cy1'` ,` j OO trd*� •:,,:., �~>+��� Iw��• ,:�•ff. .c.. 7S'�� .. c♦`�(+��.e et. �� ti `e�:•a" • ��T �..b..� � i�' `t •�•r ht�1:v *`. ��a>.�A. t . BUILDING PERMIT APPLICATION(Page I of 2) INDIAN RIVER COUNTY/CITY OF VERO BEACH I. LEGAL DESCRIPTION: LOT OG BLOCK SUBDIVISION App.Date: FL Bldg Code: PARCEL NUMBER.3 0- a2 c�- O��Q D /)IQ 42-Q Qf)Q .D Supplements.tax fro _ 10B ADDRESS �tiSTDnR t\r�Si9ST//3N t L 3a 95F� II. CONTRACT/ESTIMATED CONSTRUCTION COST: $ G, DDD Permit Fee=Construction value multiplied by 00415 Minimum Permit Fee=$200 00 III. TOTAL SQUARE FOOTAGE UNDER-ROOF: 1 pG 0 #of Bedrooms: 3 SF Under Air //l;ti0 #of Bathrooms: CL #of Garages: Gtr IV. JOB DESCRIPTION: 65we G2�T S cS�I�/!7 G/LEfIf�CC �I//70 �dn0.�e� el�trrc�!. �di�c �er�l��./�. s/��r�c . /�.:rs�/� a✓� �.� .S�r�a�ury V PROPOSED USE(Check All That Apply) (Check All That Apply) RESIDENTIAL NEW CONSTRUCTION COMMERCIAL ADDITION MULTI-FAMILY ALTERATION NAME&ADDRESS CONTACT INFORMATION cT�SP7QfC1 Name: OWNER 1n 39 Sa174EI E-MAIL. rL 3 3 DAYTIME PHONE NUMBER. 561,- �fo1Q-`l026 Fax: Name: TITLE HOLDER (If Other Than Owner) E-MAIL. DAYTIME PHONE NUMBER. J4m,cS ��LC/1pPJ /UOQ Name: j-omes ff B�l(tity,er Sem u�ce , CONTRACTOR LL d. LICENSE NUMBER:C9e1-51?9d/ E-MAIL. j/M gJ-tg lra,:� COMP CARD NUMBER. ��/02 3� DAYTIME PHONE NUMBER. ,W6 /fib foo abods Fax: E-MAIL. ARCHITECT DAYTIME PHONE NUMBER. E-MAIL. ENGINEER DAYTIME PHONE NUMBER. -�74- ^ �' BUILDING PERMIT APPLICATION(Page 2 of 2) INDIAN RIVER COUNTY/CITY OF VERO BEACH Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit, and that all work will be performed to meet the standards of all laws regulating construction, insurance, and worker's compensation. I understand that sub- contractor affidavits must be obtained for electrical, plumbing, air-conditioning, roofing, insulation, irrigation systems,wells,or any other work that is allowed to be included in this permit. Properties on which earth spills or other debris falls shall be cleaned immediately. All streets,sidewalks,and curbs damaged due to this construction shall be repaired to the satisfaction of the engineering department prior to the issuance of certificate of completion. Owner's Affidavit: I certify that all the foregoing information is accurate and that allwork will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. And Signat a of Date: I� I- Date: As to Owner: As to Contractor: State of�� State of County of County of The fore oin instrument was acknowledged before me The foregoing instrument was acknowledged before me this day of 20J'5by this day of ,20 by - 0 �,., K who is personally who is_personally M6w�n or h`o_hO produced identification. Type known or who has produced identification. Type dffrit ifcial ication produced. identification produced: Signature of NotaryPublic Official Signature of Notary Public �.�,�,G 't'(1Gc�P ��GQZ �1 Notary's Name,Typed,Printed oNotary's Name,Typed,Printed or Stamped PATRICIA UWE K&ppjQM Notary Seal NOTARY PUSUC Notary Seal. STATE OF FLORIDA Comrr*FPgpM Eq)Ires&2R/jp+e i! I ScfA a T/: "AS IS" Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR 1* PARTIES: Joseph Sorota ("Seller"), 2* and Carolyn F Plante FRFQ RenictArert James a BeIannan=RGr,Regi¢tegej ("Buyee'), 3 agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property 4 (collectively"Property's pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and 5 any riders and addenda("Contract's. 6 1. PROPERTY DESCRIPTION: 7* (a) Street address,city,zip: 2 Sunset Dr,Sebastian, FL 32958 s* (b) Property is located in: Indian River county County, Florida. Real Property Tax ID No..30382200002000000002.0 9* (c) Real Property,The legal description is RIVER EDGE LOT 2 PBI 8-81 10 11 12 together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and attached 13 wall-to-wall carpeting and flooring("Real Property's unless specifically excluded in Paragraph 1(e)or by other terms 14 of this Contract. 15 (d) Personal Property: Unless excluded in Paragraph 1(e) or by other terms of this Contract, the following items which 16 are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase. 17 range(s)/oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixture(s), drapery rods and 1s draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access 19 devices,and storm shutters/panels("Personal Propert)(") 20 Other Personal Property items included in this purchase are: 21 22 Personal Property Is Included to the Purchase Price, has no contributory value,and shall be left for the Buyer. 23* (e) The following items are excluded from the purchase: 24 I 25 PURCHASE PRICE AND CLOSING 26* 2. PURCHASE PRICE(U.S.currency):... .................................................... .......................... . ... ....... . ...$ $25,000 27* (a) Initial deposit to be held in escrow in the amount of(checks subject to COLLECTION) .. .... .....$ 2,500 26 The initial deposit made payable and delivered to"Escrow Agent"named below 29* (CHECK ONE): (i)❑accompanies offer or(ii)X is to be made within 3 (if left blank, 30 then 3)days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii) 31 SHALL BE DEEMED SELECTED. 32* Escrow Agent Information:Name: Protected Title 33* Address:97 Royal Palm Pointe,Vero Beach,FL 32960 34* Phone: 772-473-8420 E-mail:mbarnes@protectedtitle.com Fax:888-297-7673 35* (b) Additional deposit to be delivered to Escrow Agent within (if left blank,then 10) 36* days after Effective Date......... ................................................ .................................................. ....$ 37 (All deposits paid or agreed to be paid,are collectively referred to as the"Deposit's 38* (c) Financing:Express as a dollar amount or Exp percentage("Loan Amount")see Paragraph 8..... ....... . 39* (d) Other: $ 40 (e) Balance to close(not including Buyer's closing costs,prepaids and prorations)by wire 41* transfer or other COLLECTED funds................................................... ........... .. .... .... .......... ....$ 22.500 42 NOTE: For the definition of"COLLECTION"or"COLLECTED"see STANDARD S. 43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 44* (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before September 18, 45* 2015 , this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to 46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the 47 counter-offer is delivered. 48 (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed 49 and delivered this offer or final counter-offer("Effective Date"). 50 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and 51 the closing documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing")on 52* September 30 2015 ("Closing Date's,at the time established by the Closing Agent. 53 S. EXTENSION OF CLOSING DATE: 54 (a) If Closing funds from Buyer's lender(s)are not available at time of Closing due to Truth In Lending Act (TILA) notice 55 requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, not to 56 exceed 7 days. Buyer's Initials a F,*, Page 1 of 11 Seller's Initials FloridaReattors/FloridaBar-A IS-3 Rev.9/14 0 2014 Florida ReattorsO and The Florida Bar All rights reserved. i 57 (b) If extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: (i) 58 disruption of utilities or other services essential for Closing or (ii) Hazard, Wind, Flood or Homeowners' insurance, 59 to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after restoration so of utilities and other services essential to Closing and availability of applicable Hazard, Wind, Flood or Of Homeowners' insurance. If restoration of such utilities or services and availability of insurance has not occurred 62 ' within (if left blank, then 14) days after Closing Date, then either party may terminate this Contract by 63 delivering written notice to the other party, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 64 Seller from all further obligations under this Contract. 65 6. OCCUPANCY AND POSSESSION: 66 (a) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the 67 Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed all 68 personal items and trash from the Property and shall deliver all keys, garage door openers, access devices and 69 codes, as applicable, to Buyer If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to the 70 Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be 71 deemed to have accepted the Property in its existing condition as of time of taking occupancy. 72 * (b) ❑ CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING. If Property is 73 subject to a lease(s)after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts 74 and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be 75 delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion, that the 76 lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of n written notice of such election to Seller within 5 days after receipt of the above items from Seller, and Buyer shall be 78 refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. Estoppel 79 Letter(s) and Seller's affidavit shall be provided pursuant to STANDARD D If Property is intended to be occupied so by Seller after Closing,see Rider U. POST-CLOSING OCCUPANCY BY SELLER. s1* 7. ASSIGNABILITY: (CHECK ONE): Buyer ❑ may assign and thereby be released from any further liability under this 82* Contract;❑may assign but not be released from liability under this Contract;or❑may not assign this Contract. 83 FINANCING 84 8. FINANCING: 85* M (a) Buyer will pay cash or may obtain a loan for the purchase of the Property There is no financing contingency to 86 Buyer's obligation to close. 87* ❑ (b)This Contract is contingent upon Buyer obtaining a written loan commitment for a❑ conventional ❑ FHA❑ VA 88* or ❑ other (describe) loan on the following terms within (if left blank, then 30) days after 89* Effective Date("Loan Commitment Date")for(CHECK ONE): ❑fixed, ❑adjustable, ❑ fixed or adjustable rate loan in 90* the Loan Amount(See Paragraph 2(c)), at an initial interest rate not to exceed % (if left blank,then prevailing 91* rate based upon Buyer's creditworthiness),and for a term of (if left blank,then 30)years("Financing") 92* Buyer shall make mortgage loan application for the Financing within (if left blank, then 5) days after Effective 93 Date and use good faith and diligent effort to obtain a written loan commitment for the Financing ("Loan Commitment") 94 and thereafter to close this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage 95 loan application and Loan Commitment and authorizes Buyer's mortgage broker and Buyer's lender to disclose such 96 status and progress to Seller and Broker. 97 98 Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notice of same to Seller. If Buyer does not 99 receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to the 100 earlier of: 101 (i.) Buyer's delivery of written notice to Seller that Buyer has either received Loan Commitment or elected 102 to waive the financing contingency of this Contract;or 103 (ii.) 7 days prior to Closing Date. 104 If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not in default under the terms of 105 this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from all further obligations under 106 this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing 107 contingency shall be deemed waived by Buyer. 108 If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not thereafter close, the 109 Deposit shall be paid to Seller unless failure to close is due to: (1) Seller's default; (2) Property related conditions of the 110 Loan Commitment have not been met(except when such conditions are waived by other provisions of this Contract); (3) 111 appraisal of the Property obtained by Buyer's lender is insufficient to meet terms of the Loan Commitment; or (4) the 112 loan is not funded due to financial failure of Buyer's lender, in which event(s) the Deposit shall be returned to Buyer, 113 thereby releasing Buyer and Seller from all further obligations under this Contract. Buyer's Initials l?F1 Page 2 of 11 Seller's Initials FloridaRealtors/FloridaBar-A ISS 3 Rev.9/14 0 2014 Florida Realtors®and The Florida Bar. All rights reserved. 114• ❑(c)Assumption of existing mortgage(see rider for terms). 115• ❑(d)Purchase money note and mortgage to Seller(see riders;addenda;or special clauses for terms). 116 CLOSING COSTS, FEES AND CHARGES 117 9. CLOSING COSTS;TITLE INSURANCE; SURVEY;HOME WARRANTY;SPECIAL ASSESSMENTS: 118 (a) COSTS TO BE PAID BY SELLER: 119 Documentary stamp taxes and surtax on deed, if any HOA/Condominium Association estoppel fees 120 Owner's Policy and Charges(if Paragraph 9(c) (i)is cheked) Recording and other fees needed to cure title 121 •Title search charges(if Paragraph 9(c)(iii)is checked) Seller's attorneys'fees 122• •Municipal lien search(if Paragraph 9(c)(i)or(iii) is checked) Other: 123 If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a 124 sum equal to 125%of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at Closing If 125 actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual 126 costs.Any unused portion of escrowed amount(s) shall be returned to Seller. 127 (b) COSTS TO BE PAID BY BUYER: 128 • Taxes and recording fees on notes and mortgages • Loan expenses 129 • Recording fees for deed and financing statements • Appraisal fees 130 • Owner's Policy and Charges(if Paragraph 9(0(ii)is checked) Buyer's Inspections 131 • Survey(and elevation certification, if required) • Buyer's attorneys'fees 132 • Lender's title policy and endorsements • All property related insurance 133 • HOA/Condominium Association application/transfe fees Owner's Policy Premium(if Paragraph 134 •Municipal lien search (if Paragraph 9(c) (ii)is checked) 9 (c) (iii)is checked.) 135• • Other: 136• (c) TITLE EVIDENCE AND INSURANCE: At least (if left blank, then 5) days prior to Closing Date, a title 137 insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as 138 exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see 139 STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title insurance 140 covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date. 141 The owner's title policy premium, title search and closing services(collectively,"Owner's Policy and Charges") shall 142 be paid,as set forth below 143 (CHECK ONE): 144• ® (i) Seller shall designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for 145 closing services related to Buyer's lender's policy and endorsements and loan closing, which amounts shall be paid 146 by Buyer to Closing Agent or such other provider(s)as Buyer may select);or 147• ❑ (ii) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing 148 services related to Buyer's lender's policy,endorsements,and loan closing;or 149• ❑ (iii) [MIAMI-DADE/BROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy of 150 title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, which 151 is acceptable to Buyer's title insurance underwriter for reissue of coverage; (B) tax search; and (C) municipal lien 152 search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's owner's policy, and if 153 applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than $ (if left blank, 154 then$200.00)for abstract continuation or title search ordered or performed by Closing Agent. 155 (d) SURVEY: At least,5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed and 156 certified by a registered Florida surveyor("Survey"). If Seller has a survey covering the Real Property, a copy shall 157 be furnished to Buyer and Closing Agent within 5 days after Effective Date. 158• (e) HOME WARRANTY: At Closing, ❑ Buyer ❑ Seller 01 N/A shall pay for a home warranty plan issued by 159• at a cost not to exceed $ . A home 160 warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in 161 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period. 162 (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body 163 ("public body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and 164 ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an 165 improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed 166 on the Property before Closing. Buyer shall pay all other assessments. If special assessments may be paid in 167 installments(CHECK ONE): 168• ❑ (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due after Closing. 169 Installments prepaid or due for the year of Closing shall be prorated. 170• ®(b)Seller shall pay the assessment(s)in full prior to or at the time of Closing. 171 IF NEITHER BOX IS CHECKED,THEN OPTION (a)SHALL BE DEEMED SELECTED. Buyer's Initials rF� Page 3 of 11 Seller's Initials FloridaRealtora/FloridaBar-A ISIS�9/14®2014 Florida Realtors®and The Florida Bar All rights reserved. 172 This Paragraph 9(0 shall not apply to a special benefit tax lien imposed by a community development district(CDD) 173 pursuant to Chapter 190,F.S.,which lien shall be prorated pursuant to STANDARD K. 14 DISCLOSURES 175 10. DISCLOSURES: 178 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient 177 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal 178 and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon 179 testing may be obtained from your county health department. 180 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 181 does not know of any improvements made to the Property which were made without required permits or made 182 pursuant to permits which have not been properly closed. 183 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property If Buyer is concerned or 184 desires additional information regarding mold, Buyer should contact an appropriate professional. 185 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone 188 the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving 187 the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area" or "Coastal 188 Barrier Resources Act"designated area or otherwise protected area identified by the U S Fish and Wildlife Service 189 under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and /or flood insurance 190 rating purposes is below minimum flood elevation or is ineligible for flood insurance coverage through the National 191 Flood Insurance Program or private flood insurance as defined in 42 U.S.C. §4012a, Buyer may terminate this 192 * Contract by delivering written notice to Seller within (if left blank, then 20) days after Effective Date, and 193 Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this 194 Contract, failing which Buyer accepts existing elevation of buildings and flood zone designation of Property. The 195 National Flood Insurance Program may assess additional fees or adjust premiums for pre-Flood Insurance Rate 198 Map(pre-FIRM) non-primary structures (residential structures in which the insured or spouse does not reside for at 197 least 5010 of the year)and an elevation certificate may be required for actuarial rating. 198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 199 required by Section 553.996, F.S. 200 (f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint disclosure is 201 mandatory. 202 (g) HOMEOWNERS' ASSOCIATIOWCOMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 203 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATIOWCOMMUNITY 204 DISCLOSURE, IF APPLICABLE. 205 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 208 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO 207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 208 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 209 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY 210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 211 (i) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a "foreign person" as defined by the 212 Foreign Investment in Real Property Tax Act ("FIRPTA"). Buyer and Seller shall comply with FIRPTA, which may 213 require Seller to provide additional cash at Closing. If Seller is not a"foreign person", Seller can provide Buyer, at or 214 prior to Closing, a certification of non-foreign status, under penalties of perjury, to inform Buyer and Closing Agent 215 that no withholding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seller 218 are advised to seek legal counsel and tax advice regarding their respective rights, obligations, reporting and 217 withholding requirements pursuant to FIRPTA. 218 (j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not 219 readily observable and which have not been disclosed to Buyer Except as provided for in the preceding sentence, M Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to 221 the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no 222 written or verbal notice from any governmental entity or agency as to a currently uncorrected building, 223 environmental or safety code violation. 224 PROPERTY MAINTENANCE,CONDITION,INSPECTIONS AND EXAMINATIONS 225 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property, 228 including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS IS 227 Maintenance Requirement'. Buyer's Initials c_r Page 4 of 11 Seller's Initials S FloridaReattors/FloridaBar-ASS1 39/14 C 2014 Florida Realtors®and The Florida Bar All rights reserved. a.-7y-g-1 228 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 229* (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL: Buyer shall have 0 (if left blank, then 15) days 230 after Effective Date(`Inspection Period") within which to have such Inspections of the Property performed 231 as Buyer shall desire during the Inspection Period. If Buyer determines, In Buyer's sole discretion, that the 232 Property Is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice of such 233 election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this Contract, the 234 Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further 235 obligations under this Contract, however, Buyer shall be responsible for prompt payment for such 236 Inspections, for repair of damage to, and restoration of, the Property resulting from such inspections, and 237 shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall 236 survive termination of this Contract). Unless Buyer exercises the right to terminate granted herein, Buyer 239 accepts the physical condition of the Property and any violation of governmental, building, environmental, 240 and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance 241 Requirement,and Buyer shall be responsible for any and all repairs and improvements required by Buyer's 242 lender. 243 (b) WALK-THROUGH INSPECTIOWRE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to 244 time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and follow-up 245 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the 246 Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement 247 and has met all other contractual obligations. 248 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of 249 the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written 250 documentation or other information in Seller's possession, knowledge, or control relating to improvements to the 251 Property which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with 252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller's 253 obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents 254 necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling 255 such obligation, Seller shall not be required to expend,or become obligated to expend, any money. 256 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost, 257 Seller will,at Closing,assign all assignable repair,treatment and maintenance contracts and warranties to Buyer 258 ESCROW AGENT AND BROKER 259 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other funds and 260 other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the 261 State of Florida and, subject to COLLECTION,disburse them in accordance with terms and conditions of this Contract. 262 Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the 263 Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions 264 permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this 265 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its 266 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or 267 Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute An attorney who represents 268 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such 269 action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously 270 delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F S., as 271 amended and FREC rules to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow 272 disbursement order. 273 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 274 any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's 275 fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not be 276 liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agent's willful 277 breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this 278 Contract. 279 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, square 280 footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals 281 for legal, tax, environmental, and other specialized advice concerning matters affecting the Property and the transaction 282 contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all 283 representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER 284 AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES 285 FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT 286 PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER. Buyer's Initials t_F � Page 5 of 11 Seller's Initials S FloridaRealtors/FloridaBar-A IS3 39/14®2014 Florida Realtors®and The Florida Bar All rights reserved. .A74��-� 287 Buyer and Seller (individually, the "Indemnifying Party") each individually indemnifies, holds harmless, and releases las Broker and Broker's officers, directors, agents and employees from all liability for loss or damage, including all costs las and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Broker's officers, 290 directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by 291 Buyer or Seller based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii) 2s2 Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at 293 Indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S , as amended, 294 including Broker's referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Parry; (iv) 295 products or services provided by any such vendor for, or on behalf of, Indemnifying Party;and (v) expenses incurred by 296 any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective 297 vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will 298 not relieve Broker of statutory obligations under Chapter 475, F.S, as amended. For purposes of this Paragraph 14, 299 Broker will be treated as a party to this Contract.This Paragraph 14 shall survive Closing or termination of this Contract. 300 DEFAULT AND DISPUTE RESOLUTION 301 15. DEFAULT: 302 (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, including 303 payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the 304 account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full 305 settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this 306 Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights 307 under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split 308 equally between Listing Broker and Cooperating Broker;provided however, Cooperating Broker's share shall not be 309 greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. 310 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable 311 diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to 312 receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach, 313 and,pursuant to Paragraph 16, may seek to recover such damages or seek specific performance 314 This Paragraph 15 shall survive Closing or termination of this Contract. 315 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and Seller 316 arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will be settled as 317 follows: 318 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 319 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 320 16(b). 321 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 322 Rules for Certified and Court-Appointed Mediators and Chapter 44, F S., as amended (the "Mediation Rules"). The 323 mediator must be certified or must have experience in the real estate industry. Injunctive relief may be sought 324 without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be 325 resolved by instituting action in the appropriate court having jurisdiction of the matter This Paragraph 16 shall 326 survive Closing or termination of this Contract. 327 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by 328 this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 329 conducting the mediation In any litigation permitted by this Contract, the prevailing parry shall be entitled to recover 330 from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the litigation. 331 This Paragraph 17 shall survive Closing or termination of this Contract. 332 STANDARDS FOR REAL ESTATE TRANSACTIONS("STANDARDS") 333 18. STANDARDS: 334 A. TITLE: 335 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph 336 9(c),the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall be issued and 337 delivered to Buyer. The Title Commitment shall set forth those matters to be discharged by Seller at or before Closing 338 and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the 339 Purchase Price, shall be issued to Buyer insuring Buyer's marketable title to the Real Property, subject only to the 340 following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions and 341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise 342 common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted 343 public utility easements of record(located contiguous to real property lines and not more than 10 feet in width as to rear 344 or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (f) Buyer's Initials �>�P Page 6 of 11 Seller's Initials S FloridaRealtors/FloridaBar-A 15-3 Rev.9/14®2014 Florida Realtors®and The Florida Bar All rights reserved. i STANDARDS FOR REAL ESTATE TRANSACTIONS("STANDARDS")CONTINUED 345 assumed mortgages and purchase money mortgages,if any(if additional items,attach addendum);provided,that, none 346 prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing any violation of items identified in (b) ! 347 — (f) above, then the same shall be deemed a title defect. Marketable title shall be determined according to applicable 348 Title Standards adopted by authority of The Florida Bar and in accordance with law. 349 (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in 350 writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered 351 to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to 352 examine same in accordance with this STANDARD A. Seller shall have 30 days("Cure Period") after receipt of Buyer's 353 notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to 354 have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer(with 355 proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this Contract on Closing Date (or if 356 Closing Date has passed, within 10 days after Buyer's receipt of Seller's notice). If Seller is unable to cure defects 357 within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller (a) 358 extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use 359 reasonable diligent effort to remove or cure the defects ("Extended Cure Period'; or (b) electing to accept title with 360 existing defects and close this Contract on Closing Date (or if Closing Date has passed, within the earlier of 10 days 361 after end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) electing to terminate this Contract and 362 receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. If 363 after reasonable diligent effort, Seller is unable to timely cure defects, and Buyer does not waive the defects, this 364 Contract shall terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all 385 further obligations under this Contract. 366 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon encroach 367 on setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable governmental 388 regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of such matters, 369 together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than Closing. If Buyer 370 timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey shall constitute a title 371 defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall, at Buyer's 372 request, execute an affidavit of "no change" to the Real Property since the preparation of such prior survey, to the 373 extent the affirmations therein are true and correct. 374 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the 375 Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 376 D. LEASE INFORMATION: Seller shall, at least 10 days prior to Closing, furnish to Buyer estoppel letters from 377 tenants)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security deposits 378 paid by tenant(s) or occupant(s)("Estoppel Letter(s)"). If Seller is unable to obtain such Estoppel Letter(s) the same 379 information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit and Buyer may 380 thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s) or Seller's affidavit, if any, 381 differ materially from Seller's representations and lease(s) provided pursuant to Paragraph 6, or if tenants)/occupant(s) 382 fail or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Seller within 5 days after receipt of such 383 information,but no later than 5 days prior to Closing Date, terminating this Contract and receive a refund of the Deposit, 384 thereby releasing Buyer and Seller from all further obligations under this Contract. Seller shall, at Closing, deliver and 385 assign all leases to Buyer who shall assume Seller's obligations thereunder. 388 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting (i) to the absence of any financing statement, 387 claims of lien or potential lienors known to Seller and (ii) that there have been no improvements or repairs to the Real 388 Property for 90 days immediately preceding Closing Date. If the Real Property has been improved or repaired within 389 that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, 390 subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth names of all such general 391 contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs 392 which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at Closing. 393 F. TIME: Calendar days shall be used in computing time periods. Time is of the essence in this Contract. 394 Other than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates 395 specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur on a 396 Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5:00 p.m. (where the Property is 397 located)of the next business day 398 G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 399 to each other for damages so long as performance or non-performance of the obligation is delayed, caused or 400 prevented by Force Majeure. "Force Majeure" means, hurricanes, earthquakes, floods, fire, acts of God, unusual 401 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of Buyer 402 or Seller, and which, by: exercise of reasonable diligent effort, the non-performing party is unable in whole or in part to 403 prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force Majeure 404 prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent performance Buyer's Initials (_,F� Page 7 of 11 Seller's Initials S FloridaRealtors/FloridaBar-A IS-3 Rev.9/14©2014 Florida Realtors®and The Florida Bar All rights reserved. STANDARDS FOR REAL ESTATE TRANSACTIONS("STANDARDS")CONTINUED 405 under this Contract more than 14 days beyond Closing Date,then either party may terminate this Contract by delivering 406 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 407 further obligations under this Contract. 406 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal 409 representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described in 410 STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by absolute 411 bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 412 I. CLOSING LOCATION; DOCUMENTS;AND PROCEDURE: 413 (i) LOCATION: Closing will take place in the county where the Real Property is located at the office of the attorney or 414 other closing agent ("Closing Agent") designated by the party paying for the owner's policy of title insurance, or, if no 415 titre insurance,designated by Seller.Closing may be conducted by mail or electronic means. 416 (ii) CLOSING DOCUMENTS: Seller shall at or prior to Closing, execute and deliver, as applicable, deed, bill of sale, 417 certificates) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), owner's 416 possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for all 419 work done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable the survey, flood 420 elevation certification,and documents required by Buyer's lender. 421 (iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment 422 provides insurance against adverse matters pursuant to Section 627 7841, F.S., as amended, the escrow closing 423 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing 424 funds,disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller 425 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide for 426 insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following escrow and 427 closing procedures shall apply: (1)all Closing proceeds shall be held in escrow by the Closing Agent for a period of not 428 more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, 429 within the 10 day period, notity Seller in writing of the defect and Seller shall have 30 days from date of receipt of such 430 notification to cure the defect;(3)if Seller fails to timely cure the defect,the Deposit and all Closing funds paid by Buyer 431 shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with such repayment, 432 Buyer shall return the Personal Property, vacate the Real Property and re-convey the Property to Seller by special 433 warranty deed and bill of sale;and (4) if Buyer fails to make timely demand for refund of the Deposit, Buyer shall take 434 title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of 435 warranties contained in the deed or bill of sale. 436 K. PRORATIONS; CREDITS:The following recurring items will be made current(if applicable)and prorated as of the 437 day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes (including 436 special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents and other 439 expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in which event 440 premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be 441 made through day prior to Closing. Advance rent and security deposits, if any, will be credited to Buyer Escrow 442 deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due 443 allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when 444 current year's millage is not fixed but current year's assessment is available, taxes will be prorated based upon such 445 assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior 446 year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing, which 447 improvements were not in existence on January 1"of prior year, then taxes shall be prorated based upon prior year's 448 millage and at an equitable assessment to be agreed upon between the parties, failing which, request shall be made to 449 the County Property Appraiser for an informal assessment taking into account available exemptions A tax proration 450 based on an estimate shall, at either party's request, be readjusted upon receipt of current year's tax bill. This 451 STANDARD K shall survive Closing. 452 L ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall, 453 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a walk- 454 through(or follow-up walk-through if necessary)prior to Closing. 455 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty 456 ("Casualty Loss") and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 457 exceed 1.5%of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant 458 to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated cost to 459 complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of restoration 460 exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase Price). Any 461 unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1.5% of Purchase Price, 462 Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the Deposit, thereby 463 releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree 464 damage by casualty or other natural occurrence shall be cost of pruning or removal Buyer's Initials c_F� Page 8 of 11 Seller's Initials 1,5 FloridaRealtors/FloddaBar-A IS-3 Rev.9/14©2014 Florida Realtors®and The Florida Bar All rights reserved. I .27y 6-3 i STANDARDS FOR REAL ESTATE TRANSACTIONS("STANDARDS")CONTINUED 465 N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneously with 466 Closing or deferred) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in 467 all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, cooperating 466 parry shall incur no liability or expense related to the Exchange, and Closing shall not be contingent upon, nor extended 469 or delayed by,such Exchange. 470 0. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT 471 EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall be 472 binding on, and inure to the benefit of, the parties and their respective heirs or successors in interest. Whenever the 473 context permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to the 474 attorney or broker (including such broker's real estate licensee) representing any party shall be as effective as if given 475 by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic (including 476 "pdf) media. A facsimile or electronic (including "pdf") copy of this Contract and any signatures hereon shall be 477 considered for all purposes as an original. This Contract may be executed by use of electronic signatures, as 478 determined by Florida's Electronic Signature Act and other applicable laws. 479 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement of 480 Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 461 representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in 462 this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be 463 bound by it. 484 0. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this 485 Contract,or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or rights. 486 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten or 487 handwritten provisions shall control all printed provisions of this Contract in conflict with them. 488 S. COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or received, 489 including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent 490 or Closing Agent. Closing and disbursement of funds and delivery of closing documents may be delayed by 491 Closing Agent until such amounts have been COLLECTED in Closing Agent's accounts. 492 T. LOAN COMMITMENT: "Loan Commitment"means a statement by the lender setting forth the terms and conditions 493 upon which the lender is willing to make a particular mortgage loan to a particular borrower. Neither a pre-approval 494 letter nor a prequalification letter shall be deemed a Loan Commitment for purposes of this Contract. 495 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of 496 Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the county 497 where the Real Property is located. 498 V. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT("FIRPTA"): If a seller of U.S real property is a"foreign 499 person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires the buyer of the real property to 500 withhold 10%of the amount realized by the seller on the transfer and remit the withheld amount to the Internal Revenue 501 Service (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding 502 Certificate from the IRS authorizing a reduced amount of withholding. Due to the complexity and potential risks of 503 FIRPTA, Buyer and Seller should seek legal and tax advice regarding compliance, particularly if an "exemption" is 504 claimed on the sale of residential property for$300,000 or less. 505 (i) No withholding is required under Section 1445 if the Seller is not a"foreign person," provided Buyer accepts proof 506 of same from Seller, which may include Buyer's receipt of certification of non-foreign status from Seller, signed under 507 penalties of perjury, stating that Seller is not a foreign person and containing Seller's name, U.S.taxpayer identification 508 number and home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b) 509 Otherwise, Buyer shall withhold 10%of the amount realized by Seller on the transfer and timely remit said funds to the 510 IRS. 511 (ii) If Seller has received a Withholding Certificate from the IRS which provides for reduced or eliminated withholding in 512 this transaction and provides same to Buyer by Closing,then Buyer shall withhold the reduced sum, if any required,and 513 timely remit said funds to the IRS. 514 (iii) If prior to Closing Seller has submitted a completed application to the IRS for a Withholding Certificate and has 515 provided to Buyer the notice required by 26 CFR 1.1445-1(c) (2)(i)(B) but no Withholding Certificate has been received 516 as of Closing, Buyer shall, at Closing, withhold 10% of the amount realized by Seller on the transfer and, at Buyer's 517 option, either(a)timely remit the withheld funds to the IRS or(b) place the funds in escrow, at Seller's expense,with an 518 escrow agent selected by Buyer and pursuant to terms negotiated by the parties, to be subsequently disbursed in 519 accordance with the Withholding Certificate issued by the IRS or remitted directly to the IRS if the Seller's application is 520 rejected or upon terms set forth in the escrow agreement. 521 (iv) In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this transaction, 522 Seller shall deliver to Buyer, at Closing, the additional COLLECTED funds necessary to satisfy the applicable 523 requirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for disbursement in 524 accordance with the final determination of the IRS, as applicable. Buyer's Initials (_*,F,� Page 9 of 11 Seller's Initials FloddaRealtors/FloridaBar-A ISS 39/14®2014 Florida Realtors®and The Florida Bar All rights reserved. aoq-6A I i STANDARDS FOR REAL ESTATE TRANSACTIONS("STANDARDS")CONTINUED 525 (v) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 8288 526 and 8288-A, as filed. 527 W. RESERVED 526 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and 529 against any real estate licensee involved in the negotiation of this Contract for any damage or defects 530 pertaining to the physical condition of the Property that may exist at Closing of this Contract and be 531 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 532 provision does not relieve Seller's obligation to comply with Paragraph 10(j). This Standard X shall survive 533 Closing. 534 ADDENDA AND ADDITIONAL TERMS 535 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this 536 Contract(Check if applicable): ❑A. Condominium Rider ❑ M. Defective Drywall ❑X. Kick-out Clause ®B. Homeowners'Assn. ❑N. Coastal Construction Control Line ❑ Y. Seller's Attorney Approval ❑C. Seller Financing ❑O. Insulation Disclosure ❑Z. Buyer's Attorney Approval ❑D. Mortgage Assumption ❑ P. Lead Based Paint Disclosure ❑AA.Licensee-Personal Interest in ❑E. FHA/VA Financing (Pre-1978 Housing) Property ❑ F. Appraisal Contingency ❑0. Housing for Older Persons ❑ BB Binding Arbitration ❑G. Short Sale ❑ R. Rezoning DI Other Escrow Deposit Addendum ❑H. Homeowners'/Flood Ins ❑ S. Lease Purchase/Lease Option ❑ I. RESERVED ❑T. Pre-Closing Occupancy by Buyer ❑J. Interest-Bearing Acct. ❑ U. Post-Closing Occupancy by Seller ❑K. RESERVED ❑V. Sale of Buyer's Property ❑L. RESERVED ❑W. Back-up Contract 537 20. ADDITIONAL TERMS:This contract is contingent upon all of he following conditions. 538 539 Seller shall attend the Indian River County Commissioners Meeting on September 22, 2015 at 9 am. 540 541 Indian River County shall reduce the fees,fines and penalties to administration fees only. 542 543 Indian River County shall issue a demolition permit in accordance with the specifications described in the Letter of Intent 544 dated September 20,2015 545 546 Seller shall be responsible for all back taxes, liens,fines and demolition costs and all will be paid at closing on the 547 settlement statement out of the proceeds of this transaction. 546 549 550 551 552 553 554 COUNTER-OFFER/REJECTION 555* ❑ Seller counters Buyer's offer(to accept the counter-offer, Buyer must sign or initial the counter-offered terms and deliver 556* a copy of the acceptance to Seller). 557 ❑ Seller rejects Buyer's offer. 556 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 559 AN ATTORNEY PRIOR TO SIGNING. 560 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 561 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms and 562 conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be 563 negotiated based upon the respective interests, objectives and bargaining positions of all interested persons. Buyer's Initials Page 10 of 11 Seller's Initials S FloridaRealtors/FloridaBar-A ISS 3 Rev 9/14 0 2014 Florida Realtors®and The Florida Bar All rights reserved. 564 AN ASTERISK (") FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE 565 COMPLETED 568 567 566* Buyer: CQ)ZO,Q�yt 8a-n4-2 Date Sep 17, 2015 569 570 571 572 /I 573+ Buyer: Date Sep 17, 2015 574 575 576 577 576' Seller: Date Sep 19, 2015 579 580 581 582 56-41 Seller: Date 564 585 Buyer's address for purposes of notice Seller's address for purposes of notice 566* 4100 Abington Woods Cir, Vero Beach,FL 567' 5681 589 590 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker"), are the only Brokers entitled to 591 compensation in connection with this Contract. Instruction to Closing Agent. Seller and Buyer direct Closing Agent to 592 disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties 593 and cooperative agreements between the Brokers, except to the extent Broker has retained such fees from the escrowed 594 funds. This Contract shall not modify any MLS or other offer of compensation made by Seller or Listing Broker to 595 Cooperating Brokers 598 ' 597• Carolyn Plante FrPc rP.giStP.rPd L, a /o k1 Carolyn Plante Frec registered 598 Cooperating Sales Associate, If any Listing Sales Associate 598 6001 601 Page 11 of 11 FloridaReattors/FloridaBar-ASIS-2 Rev.8/13 0 2013 Florida Realtors®and The Florida Bar All rights reserved. i Comprehensive Rider to the Residential Contract For Sale And Purchase FloridaRealtors� THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR w When initialed by all parties, the parties acknowledge that the disclosure set forth below was provided to Buyer prior to execution of the Florida Realtors/Florida Bar Residential Contract For Sale and Purchase between Joseph Sorota (SELLER) and Carolyn F Plante James A Belanger (BUYER) concerning the Property described as 2 Sunset Dr.Sebastian, FL 32958 Buyer's Initials CFO Seller's Initials T B. HOMEOWNERS' ASSOCIATIOWCOMMUNITY DISCLOSURE IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS DISCLOSURE. Disclosure Summary For giver Frige (Name C mmunity) (a) AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS'ASSOCIATION ("ASSOCIATION"). (b) THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS ("COVENANTS") GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. (c) YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE IF APPLICABLE, THE CURRENT AMOUNT IS $ PER . YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER (d) YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. (e) YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS'ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY. (f) THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'ASSOCIATION IF APPLICABLE,THE CURRENT AMOUNT IS $ 130 PER Year (g) THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. (h) THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. (i) THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER. Sep 17, 2015 CaRo4-vi F )'Iaanfe- DATE BUYER Sep 17, 2015 7 DATE BUYER Page 1 of 1 B. HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE CR-3 Rev 9/14 ©2014 Florida Reaftors0 and The Florida Bar All rights reserved. a7N -G- I i Letter of Intent - 2 Sunset Dr, Sebastian Indian River County Commissioners Indian River County Code Enforcement Indian River County Building Department 1801 27th Street Vero Beach, FL 32960-3365 September 18, 2015 To Whom it May Concern, This letter of intent outlines the proposed steps that will be taken in regards to the property at 2 Sunset Drive,Sebastian, FL,providing that the county and the seller can reach an agreement to reduce the current or planned penalties, fees and fines to only administrative fees. The buyers,James Belanger and Carolyn Plante intentions are as follows: 1. Demolition of the home will begin within 7 days of the issuance of the demolition permit. 2. The construction process will begin within 30 days of the completion of the demolition. 3. The construction of the new home shall be completed within 6 months of the issuance of the building permit It is our intent to demolish the house to the following specifications: Remove the existing roof system,electrical, HVAC,siding and sheathing, etc. Replace any sections of the burnt,charred or damaged framing. Sheath the exterior of the house with plywood sheathing covering all doors and windows to secure the structure. Frame a plywood box Beam and Joist floor system over the existing pool to assure safety. It is our intent to construct the home to the current code specifications: File for permit within 30 days of the completed and inspected demolition. Rebuild the frame home to current code requirements utilizing the current footprint. Revitalize the pool and landscaping It is our intent to hire an architect to design the new roof system,with a higher, more aesthetically pleasing design. We ask that you allow us to preserve as much of the existing structure as allowed by code as outlined above. The work will be done by our company,James Belanger Home Services, LLC,a certified General Contractor in the state of Florida, registered in Indian River County. Respectfully submitted, James A Eelan. a Carolyn F. Plante James A Belanger, Manager: James Belanger Home Services, LLC m-4%-7 k4 i 9/22/2015 IMG_2022.JPG IO I https://mail.google.com/_/scs/mail-static%fjs/k=gmail.main.en.TOVwk-sCJEM.O/m=m_i,t,iVam=PiM-JGDu3_uDWGcA0059oMLe--931xQ=3j8_94EkOwVwP 1/1 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MATTERS MEMORANDUM l TO: Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Public Works Director SUBJECT: 6th Street and 615' Avenue — Pine Tree Park Subdivision Staff Follow-Up Regarding Traffic-Related Comments Made By Joel Molinari, Jr. at BCC Meeting on 08-18-2015 DATE: September 16, 2015 DESCRIPTION AND CONDITIONS At the regular meeting of the Board of County Commissioners on August 18, 2015, under Public Discussion Items, Mr. Joel Molinari, Jr. expressed concerns about traffic conditions at the intersection of 6th Street and 61 st Avenue in Pine Tree Park Subdivision. Mr. Molinari stated that vehicles have been observed speeding around the 90-degree curve and he requested that additional safety measures be taken by the County. The Board directed staff to bring recommendations to the Board at the September 22, 2015 meeting. ANALYSIS Both 6th Street and 6151 Avenue are unpaved, local roadways within the residential Pine Tree Park Subdivision. The intersection of 6th Street and 61st Avenue consists of a 90- degree curve that also intersects, approximately midway along the curve's outer radius, with a sidewalk leading to Imagine School. The speed limit is 30 miles per hour per Florida State Statute 316.183. There have been no motor vehicle accidents reported at the intersection within the past five years. Existing traffic signs in the vicinity of the curve include advance pedestrian warning signs and advance curve warning signs on each approach. There are also pedestrian warning signs adjacent to the sidewalk leading to Imagine School. All signs have been properly installed in accordance with the Manual On Uniform Traffic Control Devices (M.U.T.C.D.) and Florida State Statutes. It was suggested at the Aug. 18th BCC meeting that perhaps STOP signs could be added at this location, however staff has determined that STOP signs on a 90-degree curve would be inappropriate and not in conformance with the M.U.T.C.D. Although the roads are properly signed and there has been no history of recorded accidents, staff feels that additional measures could be taken to give more warning to motorists approaching the 90-degree curve. F-Tublic Worksluanne M\Agenda Items\6St-61Av traffic signs BCC 09-22-15 doc 275 i I Page 2 i 6t' Street & 615'Avenue —Joel Molinari, Jr. Agenda Item for Sept. 22, 2015 BCC Meeting September 16, 2015 On southbound 61St Avenue and on eastbound 6th Street, in advance of the 90-degree curve, County crews will be installing "10 MPH" advisory speed signs co-located with the advance curve warning sign. In addition, crews will install post-mounted roadside reflectors to better delineate the edge of the roadway. FUNDING Funding for the additional signs and hardware will come from the Public Works / Traffic Engineering operations and maintenance account. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the traffic signing changes detailed by staff above. Indian River Approved Date APPROVED AGENDA ITEM County FOR Se tember 22 2015 Administration Budget y I BY ' Aa,yy Legal Public Works ,. 91161 F:\Public Worksluanne M\Agenda Items\6St-61Av traffic signs BCC 09-22-15.doc 276 i ,y \ Regular Agencla1tern INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 25, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Subject: Upper Floridan Aquifer Modeling and Consumptive Use Permit Modification DESCRIPTIONS AND CONDITIONS: On July 7,2015 staff presented to the Board of County Commissioners(BCC/Board)the Alternative Water Supply Plan (AWSP)draft report which included stakeholder comments.At that meeting,the Board directed staff to negotiate a cost proposal with CDM Smith to embark on restructuring the existing St.John's Water Management District (SJRWMD) Consumptive Use Permit(CUP)and to provide a detailed summary on the pros and cons associated with this effort. The purpose of this agenda is to briefly outline the recent timeline of the CUP, provide the pros and cons for CUP modification and to review the attached work order from CDM Smith. Helpful acronyms for this agenda item: AADF Annual Average Daily Flow AWSP Alternative Water Supply Plan BCC Board/Board of County Commissioners ! COVB City of Vero Beach CUP Consumptive Use Permit FDEP Florida Department of Environmental Protection IRFWCD Indian River Farms Water Control District MGD Million Gallons per Day NCRO North County Reverse Osmosis(plant) GPCD Gallons Per Capita per Day RO Reverse Osmosis SCRO South County Reverse Osmosis SJRWMD St.Johns River Water Management District TN Total Nitrogen TP Total Phosphorus UFA Upper Floridan Aquifer WTP Water Treatment Plant Page 1 of 5 J:\Utilities\UTILITY-Engineering\WATER\Alternative Water Supply\2014 Alternative Water Supply\Admin\Agenda-Consumptive Use Permit 277 Modelling and Permit modification with CDM Smith-9-02-15.docx I I I i ANALYSIS: The North County Reverse Osmosis(NCRO) Water Treatment Plant (WTP) began an expansion phase in 2008. At the time, there were three (3) Upper Floridan Aquifer(UFA)wells feeding two RO skids with a rated production capability of 3.53 MGD(million gallons per day). The expansion included the doubling of skids on the south side of the plant,from two to four skids,and the construction of four(4)additional skids on the North side of the plant. In total,six(6) additional skids were added although only five (5)were fitted with membranes. The construction cost for the facility and skids was$23.73 million. This cost did not include any raw water well or piping work.The cost for adding wells 4-9 and associated piping was$4.02 million bringing the total NCRO expansion to $27.75 million. 2008 Expansion $ 23,729,119 Wells 4-9 $ 4,024,316 $27,753,435 Two primary limiting factors of additional water production at the NCRO are noted here.The first is concentrate disposal,and the second is the CUP allocation. Before the expansion,the concentrate byproduct from the RO system was piped directly to the IRFWCD North Relief Canal.Concentrate is a reject stream of the impurities removed by passing water, under pressure,through a filtration system. The clean water(permeate) is used for drinking water while the reject (concentrate) must be treated and disposed properly. With environmental concerns of the concentrate disposal a County priority,a unique partnership between Grand Harbor and the County formed that created an innovative and unique way to effectively dispose of the concentrate. Over a several year process that included many regulatory requirements,Spoonbill Marsh came to fruition and opened up in August of 2010 at a cost of roughly$4 million. The site has been operating for close to five years and has averaged an annual removal rate of 9,751 pounds of Total Nitrogen (TN)and 2,436 pounds of Total Phosphorus (TP). Should additional water production be allowed,careful review and analysis of the Spoonbill Marsh system should be undertaken. The CUP renewal was started in 2007, and as part of that effort,six additional UFA wells were approved provided specific conditions of the permit were met by the Utility Department.The County's existing CUP, issued by SJRWMD in 2011, is in effect until 2031. The total maximum allotted groundwater withdrawal limit for both water plants is 12.838 MGD(6.438 MGD at NCRO and 6.400 MGD at SCRO). This upper limit,as per the CUP permit, is capped from 2021 to 2031. Today,the NCRO plant operates a rotation of 2-4 skids(out of seven)fed from 3-5 wells (out of nine)for daily water demands. At the time of this agenda, one skid at the NCRO WTP is still empty and has not been loaded with membranes. Running at hypothetical full production capacity,with all eight skids loaded,the NCRO, including blend,can physically produce 15.0 MGD. While the Florida Department of Environmental Protection (FDEP) has statutory responsibilities for the oversight of the WTP and associated water quality, the SJRWMD has regulatory oversight of the groundwater system and its allotted withdrawal limits via the CUP process. This holds true for the Floridan aquifer which the County uses as raw water for the RO plants. Page 2 of 5 J:\Utilities\UTILITY-Engineering\WATER\Alternative Water Supply\2014 Alternative Water Supply\Admin\Agenda-Consumptive Use Permit 278 Modelling and Permit modification with CDM Smith-9-02-15.docx I Regulatory Description Full Capacity An Ave Daily Flow(AADF) 2014 FL DEP Water Treatment Plants 11.44 MGD 5.38 MGD NCRO 8.57 MDG 3.43 MGD SCRO Total 20.01 MGD 8.81 MGD FL DEP Spoonbill Marsh 2 MGD 1.5 MGD from NCRO Osprey Marsh 1:5 MGD 0.75MGD from SCRO SJRWMD 2021 CUP cap 6.438 MGD 6.36 MGD NCRO 6.400 MGD 3.82 MGD SCRO Total 12.838 MGD 10.18 MGD AADF 2014 The 2015 SJRWMD Water supply plan acted like a canary.in the coal mine,warning of impending demands on a limited system such that per Board direction,the Utility Department engaged the services of CDM Smith to begin analysis on the feasibility of an alternative water supply plan (AWSP). Based on the recent AWSP findings, as presented to the Board, it has become apparent that the large costs associated with using surface water as an alternative water source for the County's public/potable consumption are prohibitive. Below is a list of Pros and Cons associated with a potential CUP modification. Pros • Having additional CUP capacity will provide the Utility Department with operational flexibility to deal with non-normal water usage and demands including but not limited to: ISO testing, Fire Department training, Fire Department Emergency Response, Flushing program and Water main breaks(leaks). • The UFA source provides the most cost effective way to deliver potable water to the customers of the County system. • Use of the Floridan capitalizes on the capital expenditures that the County has made in this treatment technology.This includes the roughly$28 million dollars invested for the RO expansion and wells 4-9. • The Upper Floridan Aquifer provides a stable (quality,temperature, pH)source of raw water for the membranes and is relatively protected versus surface water. • According to the SJRWMD,in 2010,the potable needs/demands of the ground water system(both shallow and Floridan), inclusive of all three municipal Utilities(County,COVB, Fellsmere) represented approximately 9.5%of the total demand. • As noted in the AWSP,the 20 year demand of the potable system can be met for less than$1M as opposed to an$80M investment in a surface water reservoir, new surface water treatment plant and associated piping costs. • Provide operational redundancy to the County system if the SCRO plant or Osprey Marsh needed to be off-line. • Having a CUP modification will allow the County to meet its 20 year potable water demand (based on BEBR and/or County population projections), position the County to provide and maintain the high quality of water for its existing residents and business community while also positioning itself to attract new growth and business investments. Page 3 of 5 1:\Utilities\UTILITY-Engineering\WATER\Alternative Water Supply\2014 Alternative Water Supply\Adminwenda-Consumptive Use Permit 279 Modelling and Permit modification with CDM Smith-9-02-15.docx Cost options as detailed in the Alternative Water Supply Plan Feasibility Study: . • comments . . . • . . Option; Capital ,No Description Capacity I mgd TAT 'R'eservoi �'outlin `" { AsedL n;CDM'Smith, _ S:Q2: ' ~81000'000 _ P _ _ _ Draft;}Repo_rt(December _ �,., - �;:�,�.:.'-. :.�•�' - .,s _ f�:' - .C` - :y..• - ',q'c� �=t'y •�,c4.v�r`" ;w fk`� _-h•�'���+`�'�''•.. *: U.2014 :' ` - >�:r"• - - �,: - �:_ 2 Reservoir— As outlined in CDM Smith 10.82 $104,000,000 $9,611,830 Ag and Draft Report (December Potable 2014) i•ta',.,+'�� -`',i t`%. y-`��b�"�M'r��':uxF'nY C1,:`�} �i:�n-'P: -•- >,�r.b..•riyrF{.f --�„�„-•-^rir. ���.yr„y, #.... s;.. - 037= North �t F� > lcifat"d `t ,� a,x`= .t,. •.7 _ _�a. b n w :7.9:1. = Coun irCa I e basedi Y � .� r$ �- -��• �, r:tY,.-. - - Po �. ���.., 28'=5034'3 t.. v� a; � ; = - _ :S. r r<1„�:'=..1•_;�,;} �_yc �t�. s-1 k,= P �?ty=e' fl'SICaI rQoU I F 'fi �/41f -�;):-.�-y.�4r w,,'• - } �,ri •..�, '+C *:pu R� .c. _ _ s.Fj> #..., �,�r'�,.`iv'' "1„>- t., .t ;st Expansion,.y r :,�,capaeityEadd d,:;;::• expended r'.,. .v;#r. 2K'',_b r',^;;!' ;,7 .3-r>> ...ati ••_-:'.v. ;L':' ft;• '..���":r_..»r..L,L�.-. z.r,'�s•..,t,�s�,frt..ca'.f.:'.ma;-f..cY•a{ais'�:F. ; .,.�--��•3{j fv11.+1-'-`$ ..:�x,`L.s.c�ti.;-rzxsxt•�K�s?d4.�,.r'�:'.y'c.,r;:i;%�=r;r,SYi'::..'.,?:.�x..4.�'Y:riF-,3}.;i".�<.�4Af:.t;%"r�•p,.�..'.,'n'.`T`'� �7G;••.+-a?--_.4•�.rgr."-,•`+,,t'•3i,,.;vr..`;'+:.ac;ra:.'i�,".s}'.?`��';f^,'4�,r.:.-:>r��'.��::�'.k.�.3j ,0.a({j-5rc>,�j.S`.a`''�e'•..S^.�5<!�%'Fs-'S�K.,.- f7{=tea.`-.----.-lYs:`�..:•:�.,,..�_._c.F�•.'iw4�"''+'".r..i:,e�,..X..'`_1�i;s ya; C�=S.,:.c,.k_::EtL 4 North County Estimated cost to amend 6.59 $750,000 $113,'809 ..:r%. WTP CUP CUP to increase capacity Increase (physical capacity already in place) Cons • Concentrate disposal will need to be evaluated/examined to ensure that any additional production capabilities at the NCRO can be hydraulically met at Spoonbill Marsh.The transmission line from the NCRO WTP to Spoonbill Marsh will also need to be evaluated. • Proximity to other Floridan well users will need to be evaluated. • Modeling of various pumping scenarios will be needed. • Additional monies would be required to load the last skid (#7). • The Utility Department will need to demonstrate the need for this usage and will be competing against other users, including utilities and other commercial/industrial users such as FPL. CDM Smith Work Order t As directed by the Board, staff reached out to CDM Smith to negotiate a cost proposal for the Upper Floridan ; Aquifer modeling and CUP modification effort.The proposal was broken down into three tasks i • Task 1: Coordination with SJRWMD. Prior to an application submittal, it is crucial to begin dialog with the SJRWMD staff to go over the project, scheduling and discussions on the best approach for the modeling efforts needed for Task 2. Preparation of the SJRWMD application with pertinent historical-water use information,well field operating schedule and proposed model summary report is included. This effort includes up to two responses to any District Requests for Additional ' Information as well as review of the draft CUP prior to issuance. • Task 2: Meeting with SJRWMD/Modeling. The consultant will gather any necessary calibrated Southeast-Central model data and perform up to five (5) modeling scenarios for different pumping simulations to determine the optimum pumping rates for the NCRO well field. A technical Page 4 of 5 1:\Utilities\UTILnY-Engineering\WATER\Afternative Water Supply\2014 Alternative Water Supply\Admin\Agenda-Consumptive Use Permit 280 Modelling and Permit modification with CDM Smith-9-02-15.doac I memorandum,which will accompany the application, will be prepared based upon the simulations and expected contours/groundwater drawdown levels. • Task 3: Project Management&Quality Control:general functions required to maintain the project on schedule, within budget and to ensure the quality of work is consistent with the scope is part of this task. The consultant's project manager will prepare and submit monthly written status reports for each invoice during the project duration of 6 months The initial permit application is expected to be submitted within 120 days from the County issuing its Notice to Proceed.The CUP is expected to be issued within 6-9 months from the'Notice to Proceed. The lump sum fee for Tasks 1.0 through 3.0, inclusive, is$135,200. FUNDING: Funds for this project are derived from the other professional services account in the operating fund. Operating funds are generated from water and sewer sales. ACCOUNT NO.: • Description Account Number Amount Other Professional Services 47123536-033190 $135,200 RECOMMENDATION: Based on the operational flexibility needed by the department,the historically low per capita usage(<100 gpcd),and due to the most cost effective way to use the capital investments the county has made since 2007, staff recommends that the Board of County commissioners authorize the Chair to sign on their behalf to engage the services of CDM Smith to prepare a CUP modification application for the SJRWMD. ATTACHMENT(s): 1. Work Order No.CCNA-2014-WO 3 Upper Floridan Aquifer Modeling and Consumptive Use Permit Modification APPROVED FOR AGENDA: Indian River Co. AR—roved Date By: Administration 4/5 Legal Joseph A. Baird,County Administrator Budget 6 Utilities la FOf: 020/ Utilities-Finance Date Page 5 of 5 ):\Utilities\UTILITY-Engineering\WATER\Alternative Water Supply\2014 Alternative Water Supply\Admin\Agenda-Consumptive Use Permit 281 Modelling and Permit modification with CDM Smith-9-02-15.docx i WORK ORDER NUMBER ; CCNA-2014 WO. No. 3 Consumptive Use Permit Modification and UFA Groundwater Modeling This Work Order Number`is entered into as of this . day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services,dated December 6, 2011,and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4" day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A(Scope of Work),attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all In accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained In any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be Incorporated In each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS CDM Smith, Inc. OF INDIAN RIVER COUNTY Title: Vice President Wesley S. Davis, Chairman BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: _ Deputy Clerk ,..-._.�.._._`_._..�._.....�.�,�.,,. Approved: 0 ij A ke,),j.,j eph A. acrd, County Administrator Approved as to form and legal sufficienc , Dylan T. Reingold,County Attorney 282 i I EXHIBIT A SCOPE OF WORK INDIAN RIVER COUNTY UPPER FLORIDAN AQUIFER MODELING AND CONSUMPTIVE USE PERMIT MODIFICATION This Authorization,when executed, shall be incorporated in and become part of the Contract for Consulting/Professional Services between the Indian River County(County), and CDM Smith Inc. (Consultant), dated December 6, 2011,and the Extension and Amendment of Continuing Contract Agreement for Professional Services,dated November 4, 2014, hereafter referred to as the Contract. BACKGROUND The County owns and operates two Water Treatment Plants(WTP)which currently operate with 15 existing Upper Floridan Aquifer(UFA) production wells.The South County WTP relies on six existing(and one proposed) UFA production wells,while the North County WTP relies on nine existing UFA production wells.The County's existing Consumptive Use Permit(CUP)allows for a total,combined groundwater withdrawal allocation of 12.838 million gallons per day(mgd)with 6.4 mgd from the South County wellfield and 6.438 mgd from the North County wellfield (maximum withdrawal in year 2021). In 2009,the County completed a substantial expansion of the North County WTP to add five functional production skids(1 additional constructed, but not equipped with membranes for treatment).When operating at full capacity(seven treatment skids),the North County WTP would require approximately 12.6 mgd of raw groundwater.The ability to operate the WTP at capacity is limited by the 6.438 mgd North County wellfield groundwater allocation in the existing CUP.The County plans to modify the existing CUP to allow for full operation of the North County WTP and reflect the North County WTP as the primary production facility(with South County used as needed).The North County wellfield is historically more productive than the South County wellfield,and the newer North County WTP can be operated more efficiently than the South County WTP.The overall CUP combined average day withdrawal will not be significantly increased. The modification to the CUP described above will require revisions to the UFA groundwater model to include the increased allocation in the North County wellfield,to determine the impacts on existing legal and neighboring users(to the extent where information is available for non-CUP wells)and other potential water resources constraints. The following Is the scope of services to be provided under this authorization for both the UFA model development and the CUP permit modification for submittal to the St.Johns River Water Management District(SJRWMD). SCOPE OF SERVICES Consultant will perform the following task services: TASK 1.0 COORDINATION WITH SAWMD Subtask 1.1 Pre-Application Conference In accordance with the SJRWMD Applicant's Handbook,Consultant will request a pre-application conference with SJRWMD permitting staff to discuss the proposed modeling approach, need for the um A-1 jj1703 Ltr with fxhlbht.doc 283 I I i I project and schedule for the permit modification. Consultant's Project Manager and modelers (2)will participate in the pre-application conference. Subtask 1.2 Preparation of Modeling Approach Memorandum In advance of the pre-application conference, Consultant will prepare a memorandum summarizing the proposed modeling approach to be used in support of the CUP modification.The memorandum will specifically identify the model(s)to be used,verification of the SEC model calibration,the groundwater withdrawal scenarios to be included and the report format to be submitted to SJRWMD.This document will be used at the pre-application conference to obtain input and consensus from the permit reviewers prior to commencing modeling activities. i Subtask 1.3 Preparation of Permit Application Consultant will prepare and submit SJRWMD Form No.40C-2.900(1)(e),Consumptive Use Permit for Public Supply—Form E.The application, per the Applicant's Handbook,will be required to include the following: Historical water use; i ■ Wellfield operating schedule; e Groundwater model summary report; and o Application fee. Preliminary discussions with SJRWMD permitting staff indicate that there will not be a requirement to update the water conservation plan, reuse feasibility study, population projections or unaccounted for water survey. If SJRWMD determines, upon submittal of the initial application,that these updates are required,additional services will be negotiated with the County prior to commencing additional work. Consultant will submit an electronic draft of the application to the County for review and comment prior to the submittal to SJRWMD.To the extent possible,consultant will submit the application and supporting documentation electronically through the SJRWMD e-Permitting system. Consultant will , furnish the County with an electronic file of all documents submitted to SJRWMD in support of the { application.The County will furnish the check for the permit application fee,to be submitted to SJRWMD by the Consultant.An application package will be submitted to SJRWMD within 120 days of receipt of the Notice to Proceed for this Work Order. Subtask 1.4 Response to Requests for Additional Information Consultant will respond to up to two requests for additional information(RAI)from SJRWMD, provided that neither request includes revisions to the modeling efforts. If additional modeling is required,an amendment to this Work Order will be negotiated prior to commencing work.This task assumes a level of effort to reply to each of the two RAIs of 16 hours(total 32 hours). If response to the RAI(s)requires a more detailed response than anticipated,Consultant will notify the County and negotiate the additional services prior to incurring additional costs. A-2 p»o3 Ur with Ezhb tsAbc 284 i Subtask 1.5 Review of Draft Permit Consultant will review the draft permit provided by SJRWMD prior to final issuance,on behalf of the County.Consultant will provide written comments to the County and SJRWMD (if needed)for incorporation into the final permit. Task 2.0 MEETING WITH SJRWMD Consultant will perform the required groundwater modeling for inclusion in initial permit application submittal to SJRWMD. Modeling will be performed using the Southeast-Central(SEC) MODFLOW model that has been developed and calibrated by SJRWMD.SJRWMD is continuing to improve the calibration of the surficial aquifer system by more refined inclusion of the surface water network in the model area using the MODFLOW RIVER package.The Consultant will use the most recent version of the model available at the time when modeling begins.This model covers all of Indian River and St. Lucie Counties, along with portions of Brevard, Highlands, Okeechobee,Osceola and Polk Counties.Consistent with all of the other regional models developed by SJRWMD,the model was calibrated to 1995 conditions, which is a baseline year in which there was abundant water use and hydrological data available to calibrate the model.The model includes a representation of the surficial aquifer,the Intermediate Confining Unit (Hawthorn Group),the UFA and Lower Floridan Aquifer. Calibration of the model will be verified to ensure that the difference between measured groundwater elevations and model computed groundwater elevations(residuals)are within acceptable range and that there is no spatial bias in these differences. The verified model will be used to perform up to five modeling simulations(one 1995 baseline pumping scenario and four proposed County pumping scenarios)to determine the optimum pumping rates that will maximize the withdrawal from North County wellfield, as agreed upon by the County and the Consultant.These five simulations will use different combinations of North County wellfield and South County wellfield withdrawals along with other permitted users within the model extent withdrawing at the permitted annual average allocation. Model simulations will be used to determine the effects, if any, from the pumpage of the County's wellfield(s) based on the following resources evaluation criteria: o No interference with other existing legal uses; o Cannot induce saline water intrusion; ■ Cannot create or contribute to pollution of the water resources; ■ Cannot adversely affect existing offsite land uses; ■ Cannot produce impacts to wetlands;and ■ No lowering minimum flow and levels for designated water bodies. Consultant will produce maps showing the anticipated cone of depression for each wellfield pumping scenario and contours of incremental and cumulative groundwater level drawdown due to pumping. These maps will be used in the evaluation of potential impacts to the resource evaluation criteria above. A technical memorandum describing the model that was used, results of model verification,a description of the simulations performed,the results of the modeling and impact evaluation including figures and tables will be submitted to the County for review and comment.The Consultant will review and incorporate County comments and finalize the groundwater modeling memorandum.This final 1 technical memorandum will be used to support the application to modify the County's CUP modification for increased operational flexibility. A-3 U7703_Lt,with EchbitsAx 285 TASK 3.0 PROJECT MANAGEMENT AND QUALITY CONTROL Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with Consultant's standards and the County's expectations. Specific activities included are identified below: Subtask 3.1 Project Quality Management Consultant maintains a Quality Management System (QMS)on all projects. In accordance with the QMS Quality Procedures, a project planning and scope review meeting will be conducted at the start of the project. In addition,the Consultant's Technical Specialists will perform quality reviews of the deliverables identified in Tasks 1 and 2. Subtask 3.2 Project Status Reports Consultant's project manager will prepare and submit monthly written status reports with each invoice for an anticipated project duration of 6 months. OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF SERVICES This authorization does not include: ■ Updates to the water conservation plan or population projections(per discussions with SJRWMD staff); ■ Permit application fee;or ■ Modeling changes for RAls. COUNTY RESPONSIBILITIES The County will provide all reasonable data requested by the Consultant for the purpose of completing the aforementioned tasks.The County will also provide a timely review of all work products and all permit fees. SCHEDULE Consultant will begin work within 14 days of authorization of this Work Order.The following schedule is projected for this project: ■ Initial permit application (with modeling)—Completed within 120 days of Notice to Proceed. ■ 'Permit issuance—Dependent on SJRWMD review time and RAI's(anticipated within 6 to 9 months of Notice-to-Proceed). COMPENSATION AND PAYMENT Compensation for the Scope of Services described herein shall be made on the basis of a lump sum fee. The lump sum fee for Tasks 1.0 through 3.0, inclusive, is$135,200 as shown in Exhibit B.Consultant will invoice County on a monthly basis based on percent complete. A-4 Q1703_ltr wkh e,n&ns.ao« 286 I EXHIBIT B i FEE SCHEDULE INDIAN RIVER COUNTY UPPER FLORIDAN AQUIFER MODELING AND CONSUMPTIVE USE PERMIT MODIFICATION , For invoicing purposes, a summary of fees by task is provided below.The Consultant will invoice the County monthly on a Lump Sum basis for costs incurred during the billing cycle. Task 1.0—Coordination with SJRWMD $ 14,470 Task 2.0—Meeting with SJRWMD $109,795 Task 3.0—Project Management and Quality Control $ 9,935 Subtotal $134,200 Other Direct Costs $ 1,000 TOTAL(Lump Sum) $135,200 rum B-1 J1703 urwithExt*As.dm 287 i i i f BCC AGENDA September 22, 2015 ITEM 14.13 (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 16, 2015 SUBJECT: Bicycle Safe 66th Avenue FROM: Commissioner Bob Solari Many people believe that Indian River County has the opportunity to become a leader in bicycle and pedestrian friendliness and safety. Many also believe that improved bicycle and pedestrian improvements will be beneficial to residents and appealing to tourists. I believe that they are right. In the last years Indian River County has built on its natural assets as well as its man made assets like Dodgertown in ways that have benefitted both residents and tourists. I also believe that we are just at the beginning of a process, which if done correctly will make Indian River County the premier destination in Florida for physically active families. Fortunately, a new group, BikeMalk Indian River County, has been formed in the County, which is taking an active role in promoting better bicycle and pedestrian facilities. It made a great presentation at an MPO meeting a couple months back, and has come up with a proposal to improve bicycle safety along 66th Avenue, which warrants Board consideration. Thank you. t 288 1 A Proposal to Make 66th Avenue Safer and More Accommodating for People on Bicycles Summary of the Problem 66th Ave was recently constructed without bicycle lanes. Proposed Solution Convert the existing paved shoulders on the newly constructed portions of 66th Ave (both south and north of Route 60) to designated bike lanes. Why Convert the Shoulders to Designated Bike Lanes? Reason#1 (Safety) - Will help to keep people on bicycles out of the traffic lanes Under Florida law, if a road has a designated bike lane, people on bicycles are required to stay in the bike lane and, subject to certain safety oriented exceptions, may-not ride in the travel lanes. So, converting the paved shoulder on 66th Ave to a designated bike lane will increase the likelihood that people on bicycles will ride in the bike lane and out of the traffic lanes. That should decrease the likelihood of car/bike crashes. Reason#2(Safety) - Will alert motorists that bicycles can ride on 66th Avenue and may be present Some motorists may not be aware that bicycles are permitted on major roads such as 66th Ave. Other motorists may erroneously believe that people on bicycles are required to ride on the sidewalks. Designating bike lanes will help alert motorists that bicycles are in fact legally permitted on the road and may be present. Reason#3(Safety) - Will make right turns safer for everyone 66th Ave was constructed with dedicated right tum lanes. While dedicated right turns lanes are highly desirable, they require that a motor vehicle driver making a right turn and a person continuing straight on a bicycle both need to be alert to avoid a crash at the turn. The Florida standards for bike lanes provide a set of standardized road markings and signs that are designed to make it clear to all users how to handle dedicated right turn lanes to minimize the likelihood of car/bike crashes. Reason#4 (Safety) r ' ( ty) - Will minimize the possibility that bicycle riders will ride against the flow of traffic. �� 't _ ZZ The photo to the right shows a person recently riding on 66th Ave against the flow of traffic. This is very dangerous as neither motorists nor ► bicycles that are traveling with the flow of traffic 289 i expect a bicycle to be riding towards them or on their right. Reason#5(Citizen Satisfaction) - Will make people feel safer According to the United States Department of Transportation, people riding bicycles in areas without bike paths or lanes are nearly twice as likely to feel endangered as bicyclists with paths or lanes, and more than four times as likely to be dissatisfied with how their community accommodates people on bicycles.' What Will Be Required to Convert the 66th Ave Shoulders to Designated Bike Lanes? 1. Installation of bike lane symbols and bike lane arrows in accordance with FDOT Design Standards for Bicycle Markings (Index#17347) as shown in the photo below (taken on Al A). ;P '4 - Y� f t -GY 2. Installation of"BEGIN RIGHT TURN LANE YIELD TO BIKES" signs where the bike lane crosses each dedicated right turn lane (in accordance with Section 913.05 of the Manual on Uniform Traffic Control Devices). This would make 66th Ave consistent with the other roads in Indian River County BEG 1 N which have dedicated bike lanes (e.g.,Al A). RI�G:HT. �TU,R�N LAN E;: YI ELDU �T:O BI K�ES U.S. Department of Transportation Bureau of Transportation Statistics at btu// www.rita.doL ov/bts/sites/rita dot gov bts/files/publicationstSpecial repprts and issue briefs/ Issue briefs/number 11/html/entire htmi 290 International The Econoimst 15 63 t�', •r,,;,-,^.-niY:'a:cis.—rry:il�ti•,• �;:. ,•.'ij.�.�f...p,; err.` ''� ' Also in this section-�:�r�'i='i.;�•f".+-••£.z'''` L.0.a�cXa.;<..•--a+�_ -�-..".. �`�-5:r^rel'"_ 7 r. cj On 64 The spread of the couch potato ;1.,=�=-%tu g;,, ''-a °- _.r,.{; Z*, -:'A.'i�F;��':,`z �t;:�,':�>''.cj-,�•:�.r:.s�x�'. i£,-ham.;•': .. , '\ lf, � .L y r - Urbamplantting lion cars and light trucks, three times as Stree3' "'x` ~• many as today.Almost all the growth will _:, ° $Q be in developing countries.Some cities are building rail and subway systems;others are creating rapid-bus lanes.India plans to expand or launch rapiditransit in 50 cities. cuRGAoii But safety is often neglected. Cfties are `' fo ut`edestrians aad clists before motorists.Ttiat rna3ces them The best way to get more people walk- p" P ing is to slow down traffic citywide,says nioeiand'healthier-tq�live in Guillermo Penalosa of 8 8o Citiesi a Cana- AT Gam on a sweltgring,Sund#yA- a cen- "Miffing;bid clers".Casey,Neistat, a:New than lobby group. Slower traffic makes tre of;Gurgaon,=a,city?' nortl%em In York•tyclist who was"n AiS`kfor not rid- neighbourhoods quieter and safer.'More dia,is,ahuzi t,t►ldren queue•for;.tree bicy ing in a bike lane,made:a'filin,of Himself than 8096 of pedestrians hit by cars moving Iles to ride•on<a 41iin;stietrli'of:r0ad that crashing into some of ttie urilnndly;parked at 65kph die;at]half that,speed only 5%die. will be cordoned;off from tna a for.'the cars that so often make ftt_iopossflile. A 25mph(4okph),speed limit•went into ef- next 6e}ioiifsr agers,pedal'aboli;tak- Marry•cities'are exploring ways,to,keep feet in New York last year.London recently v• « ing selfies,iiiiddle aged.men;arid;women petrolheads•arid pedaloplules:apart,,Over cut the speed limit to 20mph on more than jog by,-On•.a,.stage;.a black,belt..demon foo, paftf&larly"in:Latin;America;:close 28okm of its roads and is getting rid of pe T....: strafes;karate;yoga.practiteJs:on,a quieter some roads to,.cars on:Weekends;Paris is destrian-unfriendly giant roundabouts.In patch q..., e,.street: Weaving throiigh leading the way m Eniope, closing over September Tbronto will slow down traffic the ciowd,dispensmg road safetyttips is'a 3okm;'Dublin'.and.Milan.plan to baiush on more than 3ookm of its roads. tral c•cop,witl a,inajesticmoustache. cars from their:cenires:,IiWen Los Angeles, Gu�gntsi weekly jam6grei is,called (a city:Steve:Martin;anomic_actor,•sadiised Four wheels bad,two wheels good Raahgin, ("reclaim your streets"). Amit by getting in firs car to drive three paces to In cycling, Amsterdam and Copenhagen B6a of PatBABQ,a green think-tank,start- his neighbour's house in "LA Story") reare the pacesetters, with a third of trips ed itin aa3;inspiieil'by:Bogotf's ciclovfa, cently.announced plans sfor'hundreds of made by bicycle:More than half of Amster pictured above,for which Colombia's cap- miles of bus and cycle lanes: dam's residents use their bikes daily Lon- ., ital closes i2okm of streets on Sundays and In the rich world,these measures fol- don,New York and Paris all have plans to holidays.Such events are part of a move- low improvements in public transport— challenge them.All three cities are expand- ment that is accelerating around the world. and congestion charges and other policies ing their bike-share schemes and building From Guangzhou to Brussels to Chica- that make driving and parking in many cit- new bike lanes,some on quiet roads with go,cities are shifting their attention from ies a misery.The number of cars entering new,lower speed limits for cars,and others keeping cars moving to making it easier to central London has dropped by a third running through central areas and separat- walk,cycle and play on their streets.Some sinee ioo2.Three-fifths of Parisians owned ed from motorised traffic. central roads are being converted into pe; a car in 2oo�;no`w two-fifths do.And some Such schemes can quickly convince destrian promenades,others flanked with people are shifting from public transport to more people to start pedalling. They are cycle lanes.Speed limits are being slashed. walking or cycling. a fifth as many jour- particularly popular with women, who More than 700 cities in 50 countries now neys in London are now made by bike as transport planners say are more nervous have bike-share schemes;the number has on the Underground;15 years ago,only a than men about sharing roads with roar- grown by about half in the past three years. tenth were.All this makes cities safer and ing traffic and typically make up less than a Cyclists and motorists have never liked nicer,planners say.London hopes to attract quarter of urban cyclists.In 2007-2010 the sharing the road. In "A Cool and Logical footloose talent this way,says Isabel Ded- Spanish city of Seville built an 86km net- Analysis of the Bicycle Menace", P.J. ring,its deputy mayor for transport. work of separated two-way bicycle lanes; O'Rourke, a car-loving comic, grumbles The International Transport Forum, a the share of trips in the city that were by bi- that "one cannot drive around a curve" think-tank, predicts that by 2050 the cycle went from nearly zero to 7%.In Taipei without meeting a "suicidal phalanx" of world's roads will have to cope with 2.5 bil- few women cycled before its YouBike N 291 I -7- -5 12 64I _ iRI o share scheme started in 2009; now they occupied with keeping cars moving can be will soon protect them from cars. are half of the city's cyclists. tough."This won't work here,?one told Mr One user is Difip Grove;a 62-year-old Bike-shares are spreading out beyond Bhatt when he proposed the Raahgiri and manager of a small firm.Not having cycled city centres and being linked with public other ways to'make Gumaon's streets more since college,hi rediscovered its joys after transport,says Kevin Mayne of the Euro- pedestrian-friendly. He persisted, getting hopping ori a 6e,'e"bike at the Raahgiri.He pean Cyclists'Federation.in Belgium,Ger- Zoo schoolchildren to cycle up to the city now cydes wilan to work.The Raahgiri has many and the Netherlands some schemes administration's headquarters to demon- changed attitudes,he thinks:my drivers are run by the railways.More than loo cit- strate public support pport His team has since alsoparticipate and now think twice be- ies have smartphone apps that show also convinced the city to paint cycling fdii honking at a-pedestrian or jumping a which docking stations have bicycles avail- lanes at the side of some streets;barriir's 6iffli light It is a small start.a able.Riders of Copenhagen's GoBike can plot routes and check travel bookings from 010- i- - an on-board GPs. Both bikes and public lial-alft h dm • osoon")e)��- traWorl are more likely to be used when - have-vy, 1 -el W, bike racks are placed on the front of buses, 16 as in Boston and Washington,DC,and se- cure parking is provided atrail stations. All 4IM1111i, reached 0 2m4 Britain's transport ministry OPP XI. 'I In looked at recently built cycling and walk- R�S�,d'e-p-ar-tine-n't'cillq",It,7 leasii --mffiutgis*eekJy,Of6b4Iftj -I _P510,- _te, letf betricbe such e &M, _44s;�vs 4�',�icyqlin�-(W,- ing infrastructure in eight cities.Standard ,-ftg g% cost-benefit analyses for planned transport belled it,i-he new ono__kings:_Lack Of' thepoint.vvliea,"you can still 6tit -YO—U' o' aiow "-e--tu "�T-i�,'-1 infrastructure include a value for the fives prigs vat' as"' J i -of 'P ysiW -fivity r atkof. saved(or lost)through changes in the nurn- glow.� PI afi p AY auses of death ,W-- J0,61C :Pmw m- ,Oki 91%n#dotetoiatriore ber of accidents.Using the same figures for f1hr; okil,ijarid. the fives prolonged by increased activity,it i 1--gh - Whining Ammin -.Ado! found that the cost of the schemes eras re- [fiilos'* p,"a n-I an-hour a' paid three-fold-and again in reduced con- ge. easurm ofth A *n r so ftt gestion. London's authorities calculate A%�tl�,,��drnqt J, p Wofld-fiA Aoft A corn a- Q & ii i 407 that if every Londoner switched to walk- Re presentec bri 6-7i n gT '76"u."t -a, `yt6 ing for trips under 21an,and to cycling for aijot ,at 6iZ iii,:' and rkh.parts�;of the -e,tdp;d thi trips Of 2-8krn,the share who got enough 10tid, t tliat*aNd 'f qqsu est ,gg Eigat' Wcii:ld'66�' - --I , , MtQ p exercise to remain healthy simoly by get- yx sevew chart),71k.by-tc14 E-'urqpe*s-`4 tr ting around would rise from 25%to 6o%. t d' That would amount.to 61,500 years of ata.-Q)d�u n ey health y life gained each year. iropearis` WV thliuW;' 3 om -7ZI - - pyeam an ry; t -Y Even once -week exercise fiestas can %oiit4thatk boost health. A 2009 5 survey of partici- -'a d 'arvat 0 - "d ai&tks- pants in Bogotd's Sunday cidovias found C that 42%of adults did as much exercise dur- -the,obii_ii'b' ivjj� lu4n.evan f& ,e d' D' in the event as the World Health Organi. yemne sedO uid tff ,-to! O� Mg !as,, urrf- sation recommends for a week. (It ranks -"; Etaelirnd;�tlie;leadfieseaiche sad evm Colombia the world's most sedentary W 1 erelfti, country: see box.) Only 12% would have uSt fi&j_ #)UtahCOAM done so otherwise. ori;. F health gains from walking and • 4Vn e minlmilmerclse tai tire,; move tai Yet the h i��(Wvmb 46cv' t(i6,ht&. hei�,Vokeof R/ rduggaid,_ r' cycling rarely feature in'transport plans 4-- � *;sa dOim "'r ."- I .r. ,ys; buld! wemsAkdri 404F partly because the benefits are reaped by y national health ministries(and the people who get fitter,of course),rather than the cit- iJ6IIi566Wbe,r.aV,* ies that build the infrastructure.Britain is -0 hying to align incentives better.Last year ;lb"qfWWfiiWF -YAC London's transport authority published a "transport health action plan":a ten-year scheme, backed by E4 billion of govern- t-X,fs sign streets ment money, that will rede along lines recommended by public- health experts.And the country's National I Q 0 Health Service(NHS)wants to help cities that are building cheap housing complexes jaw -J RON" to include health-promoting features,such P* - ------ as cycle routes and playgrounds. 5�io e d i m n As rich cities are,at last,undoing their MUM past planning mistakes,activists in devel- oping ones are trying to ensure that they are not repeated.They are lobbying for safe waking and cycling routes as well"better public transport,and for traffic laws to be enforced-beforepollution and inactivity take their full toll.Convincing officials pre- .. ........ 292 September 22, 2015 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: , September 11 2015 P SUBJECT: Indian River Lagoon Council Update FROM: Tim Zorc Commissioner, District 3 Discussion Item: Update on the most recent meeting of the Indian River Lagoon Council. 293 J-4 . E. i Indian River Lagoon Council chooses new director Jim Waymer,FLORIDA TODAY7 08p m. GDT August 7 201 ♦�`-_fr.54'te'""�'' e�at� 'i^".[-1`'• T •.� .. a .„, a. �. .t -"_rNv' .!. .. r. .'ac r r ,�.��'•,'.y $�; �._>�' �t��r!' .>: ice, . X41 (Photo. CRAIG RUBADOUX/FLORIDA TODAY) PALM BAY–A new council tasked with curing the Indian River Lagoon chose a new leader Friday to head up the Indian River Lagoon National Estuary Program. The newly formed Indian River Lagoon Council voted Friday to enter contract negotiations with Duane DeFreese, an environmental consultant from Indialantic. The council plans to negotiate a three-year deal with DeFreese, starting at an annual salary of $100,000, and to have the contract ready by its next meeting Sept. 11. If a deal can be reached, DeFreese would start Oct. 1 "The lagoon is what attracted me here in the first place," DeFreese told the council during his interview. "This sense of historic moment made me feel like I wanted to be part of it," he said of his reasons for applying for the job. The lagoon council, formed this year, runs the Indian River Lagoon National Estuary Program. It's now separate from the St. Johns River Water Management District, which formerly ran the program. Some 47,000 acres of seagrass, 250 pelicans, 150 manatees, 80 dolphins and other wildlife have ; died since a massive "superbloom" of green algae hit the lagoon in 2011. So lagoon advocates had wanted the 24-year-old lagoon program out from under the St. Johns River Water Management District. They wanted a more unified voice to garner—and lobby for— more state and federal money for lagoon cleanups. aq3-A -1 The lagoon council includes Brevard, Volusia, St. Lucie and Martin counties, the St. Johns and South Florida water management districts and the Florida Department of Environmental Protection. In June, the council voted to add Sebastian, Fellsmere and Vero Beach to the council. County commissioners from counties along the lagoon interviewed DeFreese and five other candidates Friday to replace Maurice Sterling, who came out of retirement to take over in April i 2014 as the lagoon program's interim director. 5 Sterling had replaced Troy Rice, who had served as director since 2000, when the lagoon program had been overseen by the water management district. DeFreese has a doctorate in marine biology from Florida Institute of Technology. From 1991 to 1998, he served as the first program coordinator for Brevard County's Environmentally Endangered Lands program. He also was involved in the late 1980s with getting the lagoon included in the National Estuary Program t He currently is a senior consultant at HydroPro-Tech, LLC, providing consulting services to a start- up company that imports a proprietary, latex-based concrete admixture product manufactured in South Africa. From 1999 to 2008, he served as vice president of Florida Research at Hubbs-SeaWorld Research Institute. The revamped lagoon program wouldn't be restricted from lobbying for funding since it's no longer run solely by a government agency. "I think Duane fits our bill,„ Brevard County Commissioner Curt Smith said before the vote. "Hes a businessperson, he's an organizer, he's a cheerleader. ... He's of vision and I think he'll do a P 9 9 , terrific job ” Indian River Lagoon National Estuary Program -The lagoon has been part of EPA's National Estuary Program since 1990. The program, administered by local sponsors, aims to restore water quality to the estuaries deemed of national significance. -Initially, the St. Johns River and South Florida water management districts were the local sponsors of the lagoon program. But soon after the program's inception, the St. Johns district took over management, with the South Florida district having input. -Congress established the National Estuary Program in 1987, under the Clean Water Act. The Indian River Lagoon became part of the program in 1990. -Learn more at floridaswater.com/itsyourlagoon i a4a-A - a i ' September 22, 2015 ITEM 14.E. 2, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 11, 2015 SUBJECT: FPL Care to Share Program FROM: Tim Zorc Commissioner, District 3 i Discussion Item: Discussion of the Florida Power and Light Care to Share Program and the possibility of implementing a similar program with Indian River County's Water & Sewer website and payment system. I i } 294