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HomeMy WebLinkAbout12/08/2015 (4)BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 8, 2015 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis Peter D. O'Bryan Tim Zorc District 5 District 2 District 1 District 4 District 3 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Reverend Steve Jones, Vero Christian Church Commissioner Bob Solari, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation by Tracy Levy, Director of Development, Safespace 6. APPROVAL OF MINUTES A. Regular Meeting of November 10, 2015 B. Regular Meeting of November 17, 2015 PAGE December 8, 2015 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. 2016 Commissioner Committee Assignments (memorandum dated November 30, 2015) 1-3 PAGE B. 2015-16 Appointments to the Treasure Coast Regional Planning Council (TCRPC) (memorandum dated December 1, 2015) C. Indian River County District School Board Committee Appointments 4-5 6-9 D. Florida Department of State Minority Appointment Reporting Calendar Year 2014 (memorandum dated November 24, 2015) 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments — November 20, 2015 to November 24, 2015 (memorandum dated November 25, 2015) B. Out of County Travel to attend the Florida Shore and Beach Preservation Association Conference (memorandum dated December 2, 2015) C. FY 2014-2015 Records Disposition Compliance Statement and Records Management Liaison Officer Form — Board of County Commission (memorandum dated December 2, 2015) D. First Addendum to Amended Developer's Agreement with DiVosta Homes, L.P. for Waterway Village (memorandum dated November 30, 2015) 10-19 20-26 27-28 29-39 40-45 E. Declaration of Excess Equipment as Surplus for Sale or Disposal (memorandum dated November 24, 2015) 46-48 F. Adoption of Revised Purchasing Manual (memorandum dated November 24, 2015) 49-89 G. Amendment No. 2 — FDEP Grant Agreement No. 14IR2, Sector 3 Dune Repair Project (memorandum dated November 30, 2015) 90-123 H. Miscellaneous Budget Amendment 006 (memorandum dated December 2, 2015) 124-128 December 8, 2015 Page 2 of 7 8. CONSENT AGENDA I. Request for Burnett Lime Inc. Sole Source Vendor for Lime Slurry (memorandum dated November 30, 2015) PAGE 129-130 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff Dervl Loar Proposed FY 2015/2016 Budget for Mental Health Court (letter dated December 2, 2015) 10. PUBLIC ITEMS 131-132 A. PUBLIC HEARINGS 1. Alfred and Betty Sammartino's Request to Rezone ± 1.98 Acres from CH to CG (memorandum dated December 1, 2015) Quasi Judicial B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing December 15, 2015: Ron Taylor's Request for Abandonment of a 30' Wide Right -of - Way Lying South of Lot 5, Block B of the Green Acres Estates Subdivision (Legislative) (memorandum dated November 25, 2015) 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Allowing Farmer's Market (Food and Produce) Events in Gifford (memorandum dated December 1, 2015) 133-175 176 177-185 2. Consideration of the Gifford Neighborhood Plan Annual Report Card for 2015 (memorandum dated December 1, 2015) 186-208 December 8, 2015 Page 31of 7 12. DEPARTMENTAL MATTERS PAGE B. C. D. E. F. G. Emergency Services None General Services None 1. Human Services None 2. Sandridge Golf Club None 3, Recreation None Human Resources None Office of Management and Budget None Public Works 1. Resolution Opposing Seismic Airgun Testing in the Atlantic Ocean (memorandum dated December 1, 2015) 209-217 Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Request for Closed Attorney -Client Session Relating to Indian River County et al. vs. Peter M Rogoff et al. and AAF Holdings, LLC (Case No.: 1:15-cv-00460-CRC) and Indian River County v. Florida Development Finance Corporation and AAF Holdings LLC (Case No. 2015 AP 40) (memorandum dated December 1, 2015) 218 B. Lobbyist for 2016 Legislative Session (memorandum dated November 25, 2015) 219-222 December 8, 2015 Page 4 of 7 13. COUNTY ATTORNEY MATTERS PAGE C. Approval of Amendment to Declaration of Restrictive Covenants from Property Exchange with Windsor Properties at the former Golden Sands Park (memorandum dated December 2, 2015) 223-247 14. COMMISSIONERS MATTERS A. B. C. D. E. Commissioner Bob Solari, Chairman 1. Discussion regarding proposal to fund Visit Florida (memorandum dated December 2, 2015) 248-251 Commissioner Joseph E. Flescher, Vice Chairman None Commissioner Wesley S. Davis 1. Request for Letter of Support (memorandum dated December 3, 2015) 252-255 Commissioner Peter D. O'Brvan 1. Summary of FAC 2015 Legislative Policy Conference (memorandum dated November 24, 2015) 256-269 Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Minutes Meeting of November 3, 2015 2. Approval of Minutes Meeting of November 17, 2015 3. FY 2014-2015 Records Disposition Compliance Statement and Records Management Liaison Officer Form — Emergency Services District (memorandum dated December 2, 2015) 270-291 December 8, 2015 Page 5 of 7 15. SPECIAL DISTRICTS AND BOARDS PAGE A. B. C. Emergency Services District 4. Approval of FY 2015/16 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non -Matching EMS Grant Funds and Grant Resolution (memorandum dated December 1, 2015) Solid Waste Disposal District 1. Approval of Minutes Meeting of November 17, 2015 2. FY 2014-2015 Records Disposition Compliance Statement and Records Management Liaison Officer Form — Solid Waste Disposal District (memorandum dated December 2, 2015) Environmental Control Board None 16. ADJOURNMENT 292-304 305-307 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. The full agenda is available on line at the Indian River County Website at www.ircgov.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. December 8, 2015 Page 6 of 7 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 p.m. December 8, 2015 Page 7 of 7 December 8, 2015 ITEM 7 7A INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: November 30, 2015 Subject: 2016 Commissioner Committee Assignments From: Bob Solari, District 5, BCC Chairman The Commissioners' committee assignments list for 2016 has been finalized. :1_,A_ -e Attachment: 2 pgs 1 2016 COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER WESLEY S. DAVIS — District 1 1. Agriculture Advisory Committee (Quarterly, 4th Thursday @ 2:00 pm) 2. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 3. Value Adjustment Board (2x a year) 4. Community Development Block Grant Advisory Committee (As needed) 5. Workforce Development Consortium of the Treasure Coast (designated by BCC Chairman) JOSEPH E. FLESCHER — District 2 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council (Alternate) (Bi -Monthly, 3rd Friday @ 9:30 am) 3. Treasure Coast Sports Commission 4. Juvenile Justice Council (2nd Wednesday of the month) 5. Juvenile Justice Circuit 19th Advisory Board 6. Tourist Development Council (designated by BCC Chairman)(Quarterly 3'd Wednesday @ 2:00 pm) 7. Audit Selection Committee (2015; Every 5 years) (COUNTY COMMITTEE ASSIGNMENTS ARE IN BOLD) 2 TIM ZORC — District 3 1. Metropolitan Planning Organization (MPO) (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council (Bi -Monthly 3rd Friday @ 9:30) 3. Beach & Shore Preservation Advisory Committee (Monthly, 3'd Monday @ 3:00 pm) 4. State Housing Initiatives Partnership (SHIP) Loan Review Committee (As needed) 5. St. Johns River Alliance (As needed) 6. Value Adjustment Board (2x a Year) PETER D. O'BRYAN — District 4 1. Children's Services Advisory Committee (As scheduled 2nd Monday @ 5:30 pm) 2. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 3. Treasure Coast Regional Planning Council (Bi -Monthly, 3'd Friday @ 9:30 am) 4. Treasure Coast Council of Local Governments (Monthly, 1st Wednesday @ 10:00 am) 5. Economic Development Council (Monthly, 3rd Tuesday @ 3:30 pm) BOB SOLARI — District 5 1. Board of Trustees of Law Library (As needed) 2. Metropolitan Planning Organization (MPO) (2nd Wednesday of the month @ 10:00 am) 3. Transportation Disadvantaged Local Coord. Board (BCC member serves as Chair) (Quarterly 4th Thursday @ 10:00 am) 4. Affordable Housing Advisory Committee (As needed) 5. County Public Safety Coordinating Board (BCC Chairman or designee)(As needed) 6. School Planning Elected Officials Oversight Committee (BCC Chairman serves) (Annually) (COUNTY COMMITTEE ASSIGNMENTS ARE IN BOLD) December 8, 2015 INFORMATIONAL ITEMS 6 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO. Members of the Board of County Commissioners DATE: December 1, 2015 SUBJECT: 2015-2016 Appointments to the Treasure Coast Regional Planning Council (TCRPC) FROM: Misty L. Pursel, Commissioner Assistant, District 1 Please find attached the 2015-2016 Appointments to the Treasure Coast Regional Planning Council. Attachment 4 TREASURE COAST REGIONAL PLANNING COUNCIL 2016 MEMBERS AND ALTERNATES INDIAN RIVER COUNTY MEMBERS The Honorable Peter D. O'Bryan Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772 226 1441 FAX: 772 770 5334 pobryan(a�ircgov.cdm The Honorable Tim Zorc Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772 226 1492 FAX: 772 770 5334 tzorctc'Dircgov.com The Honorable Randy Old Councilmember, City of Vero Beach POB 1389 Vero Beach, FL 32961 772 978 4700 FAX: 772 978 4790 cityclrk(a�covb.orq The Honorable Harris Webber Councilmember, Town of Orchid 7707-1 US Highway 1 Vero Beach, FL 32967 772 231 1771. Ext. 121 FAX: 772 231 4348 townclerk@townoforchid.com ALTERNATES The Honorable Joseph E. Flescher Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772 226 1493 FAX: 772 770 5334 jflescher(a�ircgov.com The Honorable Jerome Adams Vice Mayor, City of Sebastian 1225 Main Street Sebastian, FL 32958 772 388 8214 FAX: 772 589 5570 jadams(a�cityofsebastian.orq The Honorable Joel Tyson Mayor, City of Fellsmere 21 S. Cypress Street Fellsmere, FL 32948 772 571 1616 FAX: 772 646 6355 Cityclerk(cr�cityoffellsmere.orq District School board Organization Meeting Minutes 111/17/20151 Stang, Judy 1' L IV. OFFICIAL APPOINTMENTS BY THE CHAIRMAN A. Indian River County Commission's Metropolitan Planning Organization (MPO), Committee Member and Alternate — Voting Position Duties included attending monthly meetings on the 2nd Wednesday of the month at 10 a.m. in Room B1-501. Last year Mr. McCain served, with Mrs. Simchick as Alternate. Chairman Simchick announced that Mr. Frost would serve as Committee Member and Mr. McCain would serve as Alternate. B. Indian River County Commission's Economic Development Council (EDC), Committee Member — Two -Year, Voting Position Duties included attending monthly meetings on the 3rd Tuesday of the month at 3:30 p.m. in Conference Room B1-501. Last year Mr. Frost served his first year, with Ms. Jimenez as Alternate. Chairman Simchick announced that Mr. Frost would serve his second year, with Ms. Jimenez continuing as Alternate. C. Indian River County School Health Advisory Committee (SHAC) — Non -Voting Position Duty was to attend three to five meetings per year as called, generally at 12 noon at United Way. Last year Mr. Searcy served. Chairman Simchick announced that Mr. McCain would serve. D. Indian River County Planning and Zoning Commission, Two -Year, Non -Voting Position with an Alternate The Commission met on the 2nd and 4th Thursday of the month at 7 p.m. in County Commission Chambers. The appointments were for December 2015 and for calendar year 2016. Last year Mr. Frost served, with Mrs. Simchick as the Alternate. Chairman Simchick announced that Mr. Frost would continue to serve, with Mrs. Simchick as Alternate. E. City of Vero Beach Planning and Zoning Commission, Non -Voting Position The Commission meets on the 1st and 3rd Thursday of the month at 1:30 p.m. in City Hall. Last year Mr. McCain served. Chairman Simchick announced that Mr. McCain would continue to serve. Page 1 of 4 District School board Organization Meeting Minutes 111/17/20151 Stang, Judy F. City of Sebastian Planning and Zoning Commission, Non -Voting Position The Commission met on the 1st and 3rd Thursday of the month at 7 p.m. in City Hall, as needed. Last year Mrs. Simchick served. Chairman Simchick stated that she would continue to serve. G. City of Fellsmere Planning and Zoning Commission — Non -Voting Position The Commission met on the 1st Wednesday of the month at 5:05 p.m. in City Council Chambers. Last year Mrs. Simchick served. Chairman Simchick stated that she would continue to serve. H. City of Indian River Shores Planning and Zoning Commission — Non -Voting Position May 2008 was the first year for this appointment. The Commission met on the 2nd Monday of the month at 2 p.m._in.City Hall, as needed. Last year Mr. McCain served. Chairman Simchick stated that Ms. Jimenez would serve. I. Treasure Coast Council of Local Governments, Inc., Committee Member The Committee meets on the first Wednesday of the month at 10 a.m. at St. Lucie County's Administration Building. Last year Mr. Frost served. After discussion, Chairman Simchick requested that the appointment and purpose be placed on the next Discussion Session agenda. V. BOARD APPOINTMENTS A. Approval of Appointment of a Citizen to the Indian River County Metropolitan Planning Organization (MPO), County Citizen Advisory Committee for Transportation Ryan Wilson volunteered and was appointed to the position on September 11, 2012. The term of this position was to coincide with the Board's organization meeting. The CAC met the first Tuesday of the month at 2 p.m. in Conference Room B1-501. Mr. Wilson submitted a yearly report and agreed to do an additional term. Board Members would vote on this appointment. Chairman Simchick called for a motion. Mr. McCain moved approval to re -appoint Mr. Wilson. Mr. Searcy seconded the motion and it carried unanimously, with a 5-0 vote. Page 2 of 4 i District School board Organization Meeting Minutes 111/17/20151 Stang, Judy B. Approval of Appointment of a Citizen to the Indian River County School Planning Citizen Oversight Committee re: Interlocal Agreement for Public School Planning Peter Robinson served on this Committee since its inception in 2003. The purpose of the Committee was to monitor implementation of the Interlocal Agreement and to report to participating local governments, the District School Board, and the general public on the effectiveness with which the Interlocal Agreement was being implemented. The Committee met once per year on a date and time to be determined. Mr. Robinson submitted a yearly report and agreed to do an additional term. Board Members would vote on this appointment. Chairman Simchick called for a motion. Mr. Searcy moved approval to re -appoint Mr. Robinson. Mr. McCain seconded the motion and it carried unanimously, with a 5-0 vote. C. Approval of Appointment to County Commission's Value Adjustment Board (VAB), One Committee Member and One Alternate Reference: Florida State Statute 194.015. The Value Adjustment Board was an independent forum created by Florida Statute Chapter 194 to provide property owners with an opportunity to appeal their property value or denial of an exemption, classification, or tax deferral. The Committee met each year as needed. The appointment would be effective upon approval by the County Commission. Last year Mr. Searcy was appointed as Committee Member and Mrs. Simchick was appointed as Alternate. Chairman Simchick called for a motion. Mr. McCain moved approval of Mr. Searcy to continue as Committee Member on the Value Adjustment Board and Chairman Simchick as the Alternate. Mr. Searcy seconded the motion and it carried unanimously, with a 5-0 vote. D. Approval of Appointment to County Commission's Value Adjustment Board (VAB), One Citizen Member Reference: Florida State Statute 194.015. The Value Adjustment Board was an independent forum created by Florida Statute Chapter 194 to provide property owners with an opportunity to appeal their property values or denial of exemptions, classifications, or tax deferrals. The Committee met each year as needed. The appointment would be effective upon approval by the County Commission. On January 22, 2013, Mr. Todd Heckman was appointed by the School Board. The position was for a calendar year/tax cycle. Mr. Heckman submitted a yearly report and agreed to serve for an additional term. e Page 3 of 4 8 1 District School board Organization Meeting Minutes 111/17/20151 Stang, Judy Chairman Simchick called for a motion. Mr. Frost moved approval of Mr. Heckman to serve for an additional year Mr. Searcy seconded the motion and it carried unanimously, with a 5-0 vote. E. Approval of Appointment as District School Board's Legislative Liaison This position required extensive knowledge of local, state, and federal issues. Last year Mr. Searcy was appointed as the District School Board's Legislative Liaison. Chairman Simchick called for a motion. Mr. Frost moved approval of Mr. Searcy to continue as the District School Board's Legislative Liaison. Mr. McCain seconded the motion. Mr. Searcy nominated Mr. Frost. Mr. Frost said that he would prefer not to serve in that position. Mr. Searcy withdrew his recommendation and called for the question. The Board voted unanimously in favor of Mr. Searcy to continue as the District School Board's Legislative Liaison, with a 5-0 vote. F. Approval of Appointment to Community Literacy Leaders Committee, Non -Voting Position The Committee was comprised of community leaders in support of the Moonshot Moment Goal. Normally they meet once every month. Last year Ms. Jimenez was appointed. Chairman Simchick called for a motion. Mr. Frost moved approval of Ms. Jimenez to continue in that position. Mr. McCain seconded the motion and it carried unanimously, with a 5-0 vote. Page 4 of 4 Office of the INDIAN RIVER COUNTY ADMINISTRATOR 7/ Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Dori R Assistan e County Administrator DATE: November 24, 2015 SUBJECT: Florida Department of State Minority Appointment Reporting Calendar Year 2014 DESCRIPTIONS AND CONDITIONS: As an appointing authority, we are required by Section 760.80, Florida Statutes, to submit annually to the Florida Department of State a Minority Appointment Report disclosing appointments made to boards, commissions, councils, or committees during the previous calendar year. Attached, for your information, is a copy of the 2014 Minority Appointment Report submitted for the Indian River County Board of County Commission. Attachment: Minority Appointment Report Calendar Year 2013 APPROVED AGENDA ITEM BY: 4 (256LuS December 8, 2015 Indian River Co Approved Date Administrator to / 3 /.5 Legal 2 - 1(ti3 V 10, Page 1 of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760 80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority:• Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772'226 1408 City/State/Zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or Committee): Affordable Housing Advisory Committee Does this entity have multiple appointing authorities? Yes ❑ No C The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e., "Total of appointing authority: 15 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014 only o1 12/31/14 Male 2 10 66 Asian -American Female 1 5 33 Hispanic -American Not Known Native -American Total Caucasian 3 15 1 00 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 Disabled Not Known Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Agricultural Advisory Committee Does this entity have multiple appointing authorities? Yes ❑ No • The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e., "Total of appointing authority: 7 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 7 100 Asian -American Female Hispanic -American Not Known Native -American Total Caucasian 7 100 Appointed by Total Disability Disability Authority' Membership , % in 2014, only as o1 12/31/14 Physically 0 0 Disabled Not Known Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 11 Page ? of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760.80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority:• Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 City/State/Zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or committee): Beach Shore Preservation Advisory Committee Does this entity have multiple appointing authorities? Yes U No C The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 11 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 1 10 90 Asian -American Female 1 10 Hispanic -American 1 2 14 Not Known Native -American Total 1 Caucasian 9 81 Disability Appointed by Total Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 Disabled Not Known Total 1 *Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Board of Zoning Adjustments Does this entity have multiple appointing authorities? Yes ❑ No O The entity's total membership as of 12/31/14, regardless (Note. This figure is the denominator to be used in calculating percentages is the number in the second column, i.e., 'Total of appointing authority: 5 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only es of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 1 2 Asian -American Female Hispanic -American Not Known Native -American Total Caucasian 1 2 Appointed by Total Disability Disability Authority' Membership % in 2014 only as of 12/31/14 Physically 0 0 Disabled Not Known Total •Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 12 Page 3 of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760.80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority:* Indian River County Board of County Commission Contact Person: Doris E Roy Address: 1801 27th Street Phone: 772-226-1408 City/State/Zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or Committee): Children's Services Advisory Committee Does this entity have multiple appointing authorities? Yes ■ No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 13 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as in 2014, only of 12/31/14 Male 7 54 Asian -American Female 6 46 Hispanic -American Not Known Native -American Total Caucasian 13 1 00 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 Disabled Not Known Total •Figures are.to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Citizens Oversight Committee Does this entity have multiple appointing authorities? Yes ■ No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 6 percentages below; the numerator' for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 3 50 Asian -American Female 3 33 Hispanic -American 1 17 Not Known Native -American Total Caucasian 5 67 Appointed by Total Disability Disability Authority' Membership in 2014, only as of 12/31/14 Physically 0 0 Disabled Not Known Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 13 Page 4 of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760.80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority:' Indian River County Board of County Commission Contact Person: Doris E. Roy Address:. 1801 27th Street Phone: 772-226-1408 City/State/Zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or Committee): Code Enforcement Board Does this entity have multiple appointing authorities? Yes ❑ No C The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e., "Total of appointing authority: 6 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 1 6 100 Asian -American Female Hispanic -American Not Known Native -American Total 1 Caucasian 1 6 100 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 0 Disabled Not Known Total 1 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Construction Board of Adjustments & Appeals Does this entity have multiple appointing authorities? Yes ❑ No ■ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 6 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 6 100 Asian -American 1 16 Female Hispanic -American Not Known Native -American Total Caucasian 2 5 83 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 0 Disabled Not Known Total 2 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 14 Page 5 of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760.80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority:• Indian River County Board of County Commission Contact Person: Doris E Roy Address: 1801 27th Street Phone: 772-226-1408 City/State/Zip: Vero Beach, R 32960-3388 Entity (Name of Board, Commission, Council, or Committee): Public Safety Coordinating Council Does this entity have multiple appointing authorities? Yes IN No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 10 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 6 60 Asian -American Female 2 20 Hispanic -American Not Known Native -American Total Caucasian 8 80 Disability Appointed by Total Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 Disabled Not Known Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Economic Development Council Does this entity have multiple appointing authorities? Yes • No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e., "Total of appointing authority: 22 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American 1 1 4 Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 1 18 81 Asian -American Female 4 18 Hispanic -American Not Known Native -American Total 1 Caucasian 21 95 Appointed by Total Disability Disability Authority' Membership % in 2014 only as 01 12/31/14 Physically 0 0 0 Disabled Not Known Total 1 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 15' Page 6 of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760.80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority • Indian River County Board of County Commission Contact Person: Doris E Roy Address: 1801 27th Street Phone: 772-226-1408 City/State/Zip: Vero Beach, FI 32960-3388 Entity (Name of Board. Commission, Council, or Committee): Enterprize Zone Development Agency Does this entity have multiple appointing authorities? Yes • No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 12 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American 1 9 Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 8 66 Asian -American Female 1 3 25 Hispanic -American Not Known Native -American Total 1 Caucasian 1 10 83 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 0 Disabled Not Known Total 1 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Environmental Control Hearing Board Does this entity have multiple appointing authorities? Yes ❑ No ■ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 5 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 4 80 Asian -American Female Hispanic -American Not Known Native -American Total 0 Caucasian 4 80 Appointed by Total Disability Disability Authority' Membership % in 2014 only as of 12/31/14 Physically 0 0 Disabled Not Known Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 16 Page 7 of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760.80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority:* Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 City/State/Zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or Committee): MPO Citizen Advisory Committee Does this entity have multiple appointing authorities? Yes ■ No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i e , "Total of appointing authority: 14 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American 1 7 Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 10 71 Asian -American Female 4 29 Hispanic -American Not Known Native -American Total Caucasian 13 92 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 Disabled Not Known Total 0 `Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): MPO Bicycle Advisory Committee Does this entity have multiple appointing authorities? Yes ■ No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 6 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 5 83 Asian -American Female 1 17 Hispanic -American Not Known Native -American Total Caucasian 6 1 00 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 Disabled Not Known Total *Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. ' Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 17 Page 8 of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760.80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority:' Indian River County Board of County Commission Contact Person: Doris E Roy Phone: 772-226-1408 Address: 1801 27th Street City/state/Zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or Committee): NSP Citizen Advisory Task Force Does this entity have multiple appointing authorities? Does this entity have multiple appointing authorities? Yes ❑ No C The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 5 percentages below; the numerator for calculating the membership as of 12/31/14".) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American 1 20 Appointed Total Gender Gender by Authority' Membership as in 2014, only of 12/31/14 Male 3 60 Asian -American Female 2 40 Hispanic -American Not Known Native -American Total Caucasian 4 80 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 Disabled Not Known Total Native -American Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Planning & Zoning Commission Does this entity have multiple appointing authorities? Yes ❑ No ■ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 7 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 6 86 Asian -American Female 1 14 Hispanic -American Not Known Native -American Total Caucasian 7 100 Appointed by Total Disability Disability Authority' Membership in 2014 only as o1 12/31/14 Physically 0 0 Disabled % Not Known Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 18 Page 9 of 9 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2014 (Section 760.80, Florida Statutes — Form due NLT December 1, 2015) Appointing Authority:* Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 City/State/Zip: Vero Beach, FI 32960-3388 Entity (Name of Board, commission, council, or committee): Transportation Disadvantaged Local Coordinating Board Does this entity have multiple appointing authorities? Yes • No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e , "Total of appointing authority: 14 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as of 12/31/14 African-American 1 7 Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 6 43 Asian -American Female 8 57 Hispanic -American Not Known Native -American Total Caucasian 13 93 Disability Appointed by Total Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 1 7 Disabled Not Known Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Tourist Development Council Does this entity have multiple appointing authorities? Yes • No ❑ The entity's total membership as of 12/31/14, regardless (Note This figure is the denominator to be used in calculating percentages is the number in the second column, i.e., "Total of appointing authority: 9 percentages below; the numerator for calculating the membership as of 12/31/14" ) Appointed by Total Race Race Authority' in Membership % 2014, only as 01 12/31/14 African-American Appointed Total Gender Gender by Authority' Membership as % in 2014, only of 12/31/14 Male 6 67 Asian -American Female 3 33 Hispanic -American Not Known Native -American Total Caucasian 9 100 Appointed by Total Disability Disability Authority' Membership % in 2014, only as of 12/31/14 Physically 0 0 Disabled Not Known Total 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 5/2015) 19 it JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 25, 2015 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 20, 2015 to November 24, 2015 gA In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of November 20, 2015 to November 24, 2015 Attachment: DLB: DB 20 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 333301 11/24/2015 PAUL CARONE 3,713.00 333302 11/24/2015 LINDSEY GARDENS LTD 732.00 333303 11/24/2015 PINNACLE GROVE LTD 869 00 333304 11/24/2015 VERO CLUB PARTNERS LTD 1,631 00 333305 11/24/2015 DAVID SPARKS 388.00 333306 11/24/2015 THE PALMS AT VERO BEACH 475.00 333307 11/24/2015 ED SCHLITT LC 560.00 333308 11/24/2015 JOHN OLIVIERA 698.00 333309 11/24/2015 ARTHUR PRUETT 409.00 333310 11/24/2015 JOSEPH LOZADA 1,212.00 333311 11/24/2015 MICHAEL JAHOLKOWSKI 547.00 333312 11/24/2015 LUCY B HENDRICKS 573.00 333313 11/24/2015 HFB OF FLORIDA LLC 764 00 333314 11/24/2015 ANDRE DORAWA 650.00 333315 11/24/2015 PAULA WHIDDON 553.00 333316 11/24/2015 COURTYARD VILLAS OF VERO LLC 560.00 333317 11/24/2015 JAMES W DAVIS 334.00 333318 11/24/2015 NITA EZELL 459.00 333319 11/24/2015 LINDSEY GARDENS II LTD 556.00 333320 11/24/2015 MISS INC OF THE TREASURE COAST 2,363.00 333321 11/24/2015 DANIEL CORY MARTIN 2,116.00 333322 11/24/2015 CRAIG LOPES 377 00 333323 11/24/2015 PAULA ROGERS & ASSOCIATES INC 650 00 333324 11/24/2015 FIVE STAR PROPERTY HOLDING LLC 847.00 333325 11/24/2015 MARK BAER 28,830.00 333326 11/24/2015 FRESH START HOUSING LLC 938 00 333327 11/24/2015 ROBERT J GORMAN 424 00 333328 11/24/2015 JUAN CHAVES 700.00 333329 11/24/2015 REID REALTY 478.00 333330 11/24/2015 MELISSA CAMARATA 641.00 333331 11/24/2015 JOHNATHON KNOWLES 722.00 333332 11/24/2015 AUGUSTUS B FORT JR 581.00 333333 11/24/2015 VERO REO LLC 559.00 333334 11/24/2015 UTIL REFUNDS 51.90 333335 11/24/2015 UTIL REFUNDS 72.32 333336 11/24/2015 UTIL REFUNDS 65.32 333337 11/24/2015 UTIL REFUNDS 33.62 333338 11/24/2015 UTIL REFUNDS 49.16 333339 11/24/2015 UTIL REFUNDS 91.89 333340 11/24/2015 UTIL REFUNDS 76 12 333341 11/24/2015 UTIL REFUNDS 176.38 333342 11/24/2015 UTIL REFUNDS 26 98 333343 11/24/2015 UTIL REFUNDS 44.80 333344 11/24/2015 UTIL REFUNDS 23.95 333345 11/24/2015 UTIL REFUNDS 87.00 333346 11/24/2015 UTIL REFUNDS 9.97 333347 11/24/2015 UTIL REFUNDS 30.29 333348 11/24/2015 UTIL REFUNDS 28.83 333349 11/24/2015 UTIL REFUNDS 25.16 333350 11/24/2015 UTIL REFUNDS 3.26 333351 11/24/2015 UTIL REFUNDS 37 52 333352 11/24/2015 UTIL REFUNDS 61.28 333353 11/24/2015 UTIL REFUNDS 61.44 333354 11/24/2015 UTIL REFUNDS 13.23 333355 11/24/2015 UTIL REFUNDS 94 90 333356 11/24/2015 UTIL REFUNDS 83.17 333357 11/24/2015 UTIL REFUNDS 25.16 333358 11/24/2015 UTIL REFUNDS 25.04 21 TRANS NBR DATE VENDOR AMOUNT 333359 11/24/2015 UTIL REFUNDS 24.13 333360 11/24/2015 UTIL REFUNDS 20.60 333361 11/24/2015 UTIL REFUNDS 59.88 333362 11/24/2015 UTIL REFUNDS 48 75 333363 11/24/2015 UTIL REFUNDS 83.21 333364 11/24/2015 UTIL REFUNDS 33 03 333365 11/24/2015 UTIL REFUNDS 100.00 333366 11/24/2015 UTIL REFUNDS 218.09 333367 11/24/2015 UTIL REFUNDS 61.28 333368 11/24/2015 UTIL REFUNDS 43.88 333369 11/24/2015 UTIL REFUNDS 37.30 333370 11/24/2015 UTIL REFUNDS 49.45 333371 11/24/2015 UTIL REFUNDS 75.64 333372 11/24/2015 UTIL REFUNDS 31.41 333373 11/24/2015 UTIL REFUNDS 76.12 333374 11/24/2015 UTIL REFUNDS 34.24 333375 11/24/2015 UTIL REFUNDS 300 53 333376 11/24/2015 UTIL REFUNDS 68.85 333377 11/24/2015 UTIL REFUNDS 108.70 333378 11/24/2015 UTIL REFUNDS 47 95 333379 11/24/2015 UTIL REFUNDS 5.93 333380 11/24/2015 UTIL REFUNDS 41.03 333381 11/24/2015 UTIL REFUNDS 5.43 333382 11/24/2015 UTIL REFUNDS 78.13 333383 11/24/2015 UTIL REFUNDS 28.49 333384 11/24/2015 UTIL REFUNDS 45.89 333385 11/24/2015 UTIL REFUNDS 17.26 333386 11/24/2015 UTIL REFUNDS 52 62 333387 11/24/2015 UTIL REFUNDS 19 71 333388 11/24/2015 UTIL REFUNDS 42.61 333389 11/24/2015 UTIL REFUNDS 72.01 333390 11/24/2015 UTIL REFUNDS 88.57 333391 11/24/2015 UTIL REFUNDS 128.30 333392 11/24/2015 UTIL REFUNDS 33.41 333393 11/24/2015 UTIL REFUNDS 69 64 333394 11/24/2015 UTIL REFUNDS 137 14 333395 11/24/2015 UTIL REFUNDS 12.35 333396 11/24/2015 UTIL REFUNDS 54.27 333397 11/24/2015 UTIL REFUNDS 42.46 333398 11/24/2015 UTIL REFUNDS 2 14 333399 11/24/2015 UTIL REFUNDS 199 13 333400 11/24/2015 UTIL REFUNDS 28.51 333401 11/24/2015 UTIL REFUNDS 43.28 333402 11/24/2015 UTIL REFUNDS 45.21 333403 11/24/2015 UTIL REFUNDS 54.35 333404 11/24/2015 UTIL REFUNDS 12 72 333405 11/24/2015 UTIL REFUNDS 46.71 333406 11/24/2015 UTIL REFUNDS 37.62 333407 11/24/2015 UTIL REFUNDS 9.91 333408 11/24/2015 UTIL REFUNDS 53.18 333409 11/24/2015 UTIL REFUNDS 47.58 333410 11/24/2015 UTIL REFUNDS 64.50 333411 11/24/2015 UTIL REFUNDS 89.05 333412 11/24/2015 UTIL REFUNDS 82.66 333413 11/24/2015 UTIL REFUNDS 68.85 333414 11/24/2015 UTIL REFUNDS 72.84 333415 11/24/2015 UTIL REFUNDS 34.63 333416 11/24/2015 UTIL REFUNDS 33 70 333417 11/24/2015 UTIL REFUNDS 46.88 333418 11/24/2015 UTIL REFUNDS 99.38 2 22 TRANS NBR DATE VENDOR AMOUNT 333419 11/24/2015 UTIL REFUNDS 61.44 333420 11/24/2015 UTIL REFUNDS 5.53 333421 11/24/2015 UTIL REFUNDS 17.37 333422 11/24/2015 UTIL REFUNDS 89.21 333423 11/24/2015 UTIL REFUNDS 69.80 333424 11/24/2015 UTIL REFUNDS 27.66 333425 11/24/2015 PORT CONSOLIDATED INC 48,347.52 333426 11/24/2015 FIRE EQUIPMENT SVC OF ST LUCIE INC 10,174.24 333427 11/24/2015 JORDAN MOWER INC 24.37 333428 11/24/2015 TEN -8 FIRE EQUIPMENT INC 21,465.60 333429 11/24/2015 RANGER CONSTRUCTION IND INC 436.80 333430 11/24/2015 VERO CHEMICAL DISTRIBUTORS INC 801.40 333431 11/24/2015 MUNICIPAL EQUIPMENT LLC 9,999.00 333432 11/24/2015 RICOH USA INC 109.10 333433 11/24/2015 RICOH USA INC 147.91 333434 11/24/2015 AT&T WIRELESS 532 65 333435 11/24/2015 PARALEE COMPANY INC 500 00 333436 11/24/2015 GRAYBAR ELECTRIC 654.30 333437 11/24/2015 MY RECEPTIONIST INC 291 72 333438 11/24/2015 INDIAN RIVER MEDICAL CENTER 200.00 333439 11/24/2015 HD SUPPLY WATERWORKS, LTD 48.75 333440 11/24/2015 SCHULKE B1TTLE & STODDARD LLC 17,296.76 333441 11/24/2015 PETES CONCRETE 3,850.00 333442 11/24/2015 EGP INC 562.62 333443 11/24/2015 VERO INDUSTRIAL SUPPLY INC 95 40 333444 11/24/2015 EXPRESS REEL GRINDING INC 3,400.00 333445 11/24/2015 TIRESOLES OF BROWARD INC 3,364.76 333446 11/24/2015 CALL ONE INC 405.00 333447 11/24/2015 CHILDCARE RESOURCES OF IRC INC 1,260.00 333448 11/24/2015 XEROX CORP SUPPLIES 233.46 333449 11/24/2015 GENERAL PART INC 78.04 333450 11/24/2015 GOODYEAR AUTO SERVICE CENTER 624 86 333451 11/24/2015 BAKER & TAYLOR INC 172.16 333452 11/24/2015 BRANDTS APPLIANCE SERVICE INC 275.97 333453 11/24/2015 MIDWEST TAPE LLC 1,582 89 333454 11/24/2015 NORTHERN SAFETY CO INC 236.53 333455 11/24/2015 PALM TRUCK CENTERS INC 183.25 333456 11/24/2015 VOCELLE & BERG LLP 210.00 333457 11/24/2015 GREENE INVESTMENT PARTNERSHIP LTD 3,426.04 333458 11/24/2015 PING INC 731 63 333459 11/24/2015 INDIAN RIVER COUNTY HEALTH DEPT 46,770.58 333460 11/24/2015 VICTIM ASSISTANCE PROGRAM 5,568.58 333461 11/24/2015 ROGER J NICOSIA 1,500 00 333462 11/24/2015 CITY OF VERO BEACH 88,914.37 333463 11/24/2015 CITY OF VERO BEACH 504.59 333464 11/24/2015 CITY OF VERO BEACH 2,056.33 333465 11/24/2015 CITY OF VERO BEACH 11,612.50 333466 11/24/2015 STEPHEN WOJTASZEK 61.89 333467 11/24/2015 UNITED PARCEL SERVICE INC 27 19 333468 11/24/2015 EBSCO INDUSTRIES INC 7,800.00 333469 11/24/2015 TREASURE COAST HOMELESS SERVICES 1,257 70 333470 11/24/2015 PUBLIX SUPERMARKETS 19 90 333471 11/24/2015 ACUSHNET COMPANY 2,269 07 333472 11/24/2015 ACUSHNET COMPANY 83.29 333473 11/24/2015 EXCHANGE CLUB CASTLE 2,261.37 333474 11/24/2015 EXCHANGE CLUB CASTLE 2,570 44 333475 11/24/2015 DON LAWLESS 40 00 333476 11/24/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 30,542.16 333477 11/24/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 14,780.34 333478 11/24/2015 FLORIDA POWER AND LIGHT 111,059.87 3 23 TRANS NBR 333479 333480 333481 333482 333483 333484 333485 333486 333487 333488 333489 333490 333491 333492 333493 333494 333495 333496 333497 333498 333499 333500 333501 333502 333503 333504 333505 333506 333507 333508 333509 333510 333511 333512 333513 333514 333515 333516 333517 333518 333519 333520 333521 333522 333523 333524 333525 333526 333527 333528 333529 333530 333531 333532 333533 333534 333535 333536 333537 333538 DATE 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 I 1/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 VENDOR FLORIDA POWER AND LIGHT INDIAN RIVER COUNTY TAX COLLECTOR FLORIDA BLUE STATE ATTORNEY SUNSHINE STATE ONE CALL OF FL INC GOVERNMENT FINANCE OFFICERS ASSOC IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC BE SAFE SECURITY ALARMS INC GERALD A YOUNG SR ALAN C KAUFFMANN WESTSIDE REPROGRAPHICS OF VERO BEACH INC PINNACLE GROVE LTD WILLIAM K DEBRAAL INDIAN RIVER COUNTY HOUSING AUTHORITY ST ELIZABETH CHURCH OF DELIVERANCE PERKINS COMPOUNDING PHARMACY TRANE US INC CELICO PARTNERSHIP VAN WAL INC JOSEPH W VASQUEZ BIG BROTHERS AND BIG SISTERS BIG BROTHERS AND BIG SISTERS FLORIDA RURAL LEGAL SERVICES INC J C RENTALS & INVESTMENTS INC JOSEPH SENIOR JOSE RIVERA KEN CHATAM DAYSPRING ORCHID ISLAND PROPERTY MGMT 11 INC SUPREME INTERNATIONAL LLC MALA GEOSCIENCE USA INC JOHNNY B SMITH DAVID REYNOLDS II CHARLES A WALKER INDIAN RIVER RDA LP PROQUEST LLC YOUTH GUIDANCE DONATION FUND NICOLACE MARKETING INC SEASIDE LANDSCAPES INC SANDY ARACENA LAZENBY & ASSOCIATES INC SHERONICA WILSON INEOS NEW PLANET BIOENERGY LLC WOERNER DEVELOPMENT INC JOSEPH CATALANO OVERDRIVE INC BERMUDA SANDS APPAREL LLC KEITH GROCHOLL FLOTECH INC BORRELLI & PARTNERS INC GFA INTERNATIONAL INC AMERICAN MESSAGING SERVICES LLC BURNETT LIME CO INC TREASURE COAST TURF INC PENGUIN RANDOM HOUSE LLC SAMBA HOLDINGS INC WADE WILSON COAST TO COAST COMPUTER PRODUCTS RDW QUALITY BUILDERS LLC AMOUNT 470.27 96,303 72 959.76 8,572.56 1,138.46 550 00 500 00 2,500.00 239.70 75.00 140.00 9.90 500.00 23.40 330.00 50.00 89.24 606 00 414.52 763.00 100 00 1,250.00 3,864.91 2,130 45 500.00 500 00 40.00 80.00 500.00 7,000.00 534.24 324.50 40.00 60.00 80.00 187 00 5,075 00 1,250.00 805.00 750.00 140 00 315 00 50.00 53,483 67 96.50 40.00 739.77 739.29 60.00 257.51 8,003.70 150.00 6.20 9,599 80 72 80 296.25 1,240.56 120.00 478.95 25,384.00 4 24 TRANS NBR 333539 333540 333541 333542 333543 333544 333545 333546 333547 333548 333549 333550 333551 333552 333553 Grand Total: DATE 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 I 1/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 VENDOR AMOUNT DATABASES USA LLC 6,336.00 RELIANT FIRE SYSTEMS INC 170.00 CATHEDRAL CORPORATION 1,194.68 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 163.92 BEST AMERICAN WELDING SERVICES 1,618.53 MARK DEAN RILEY JR 60 00 CAPAK LLC 68 00 SERVI TECH INC 11.00 SCHUMACHER AUTOMOTIVE DELRAY LLC 60.17 SITEONE LANDSCAPE SUPPLY LLC 69 99 MICHAEL WITTENRICH 50.00 BRITTANY SMITH 50.00 INTERSTATE RV INC 200.00 CENTRAL FLORIDA EXPRESSWAY 12.85 JONATHAN NOLEN 35.00 773,253.49 5 25 TRANS NBR 3956 3957 3958 3959 3960 3961 3962 3963 3964 3965 3966 3967 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 11/20/2015 11/20/2015 11/20/2015 11/20/2015 11/20/2015 11/20/2015 11/20/2015 11/20/2015 11/20/2015 11/20/2015 11/23/2015 11/24/2015 VENDOR INDIAN RIVER COUNTY SHERIFF NACO/SOUTHEAST FLORIDA LEAGUE OF CITIES, INC ICMA RETIREMENT CORPORATION NACO/SOUTHEAST TEAMSTERS LOCAL UNION #769 IRC FIRE FIGHTERS ASSOC ICMA RETIREMENT CORPORATION FL SDU SCHOOL DISTRICT OF 1 R COUNTY IRS -PAYROLL TAXES IRS -PAYROLL TAXES AMOUNT 694,516.38 644.68 6,801 95 10,738.63 25,912.60 5,488 00 6,630 00 2,125.00 5,709.76 130,560 00 423,201.53 8 18 1,312,336.71 1 CONSENT AGENDA December 8, 2015 86 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 2, 2015 SUBJECT: Out of County Travel to attend the Florida Shore and Beach Preservation Association Conference FROM: Dori Roy Assistant to the County Administrator Authorization is requested for out of county travel for commissioners and staff to attend the Florida Shore and Beach Preservation Association Conference in Jacksonville, Florida on February 3 — 5, 2016. Attachment 27 -hire dand sponsored by the Florida Shore & Beadt PreservationAssociation Photo courtesy'ofKnsrt Fads Florida Shore & Beach Preservation Association PO Box 13146 Tallahassee, R 32317 www.fsbpa.com "America's largest Annual Conference on Beach Preservation Technology Join us February 3-5, 2016 In Jacksonville! For complete details on the Conference, Including hotel and conference registration as well as exhibits, and sponsorships available, visit www•fsbpa•com/tech- conference.html or email mall@fsbpa.com. Early registration and hotel deadline is January 12, 2016. The program will be available online on or before December 7, 2015. Nonprofit ORG U.S. Postage PAID Tallahassee, FI. Permit #329 1'll'III'1111"IIIIIIIIIII'1111'llllrllllllllrlllllllll"II1111J ***`• MIXED AADC 320 40000977"T000005:13'000040 JOSEPH BAIRD COUNTY ADMINISTRATOR INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 27TH ST VERO BEACH, FL 32960-3388 281 Consent Agenda December 08, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commission Date: December 2, 2015 Subject: FY 2014-2015 Records Disposition Compliance Statement and Records Management Liaison Officer Form Board of County Commission From: Doris E Roy, Records Management Liaison Officer Assistant to the County Administratopt, Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed records management compliance statement attesting to the agency's compliance with Florida public records disposition laws, rules, and procedures. Attached is the annual Records Management Compliance Statement for Fiscal Year 2014-2015 for the Indian River County Board of County Commission. Recommendation It is recommended that the Chairman be authorized to sign the Records Management Compliance Statement for Fiscal Year 2014 - 2015 for the Indian River County Board of County Commission For: December 8, 2015 By Joseph A. Baird, County Administrator Attachments Indian River County Ap .ed Date Administrator *I`) Legal tl% to 12,z-16 Letter dated November 2, 2015 from the Florida Department of State Record Disposition Compliance Statement Records Disposition Documents 2911 FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor November 2, 2015 Ms. Doris E. Roy Indian River County Board of County Commissioners 1801 27th Street Building A Vero Beach, FL 32960-3365 Dear Ms. Roy: KEN DETZNER Secretary of State As a Florida public agency, you are required by Rule 1B-24.003(11), Florida Administrative Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." Based on these annual statements, an annual report on statewide compliance is submitted to the Legislature and the Executive Office of the Governor for their consideration and action. For your convenience, we are providing the enclosed Records Management Compliance Statement to report your agency's compliance status. Please complete all information in Section I, the Compliance Certification, and make any necessary additions or corrections in Sections II and III. Please return one signed copy of the form (do not return this letter) to the mailing address or email address indicated at the bottom of the form by December 31, 2015. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recmgt@dos.myflorida.com. Sincerely, Gerard J. Clark, Bureau Chief, Archives and Records Management Division of Library and Information Services GJC/eg Enclosure 1 VIVARRORIDA. Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street* Tallahassee, Florida 32399 850.245.6600 • 850.245.6735 (Fax) info.florida.gov Promoting Florida's History and Culture VivaFlorida.org RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2014-2015 Agency ID: C0620500 Section I Compliance Certification 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 18-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, including email; microfilm; audio; video; etc.). 'Yes ■ No (Unmarked responses will be recorded as not in compliance.) 2. This agency disposed of ja • S cubic feet of records during the fiscal indicated year above. 3. This agency dis osed of records in electronic form during the fiscal year indicated above. ■ Yes ' No (It is not necessary to indicate volume of electronic records disposed.) 4. ■ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on the reverse side of this form. Agency Head Signature: Date. Name of Agency Head (please print): Bob Solari Title of Agency Head (please print): Chairman Section II Agency Information Please indicate changes to Agency Information on the lines provided on the right. Current Information: Please do not erase or cover information below Indicate changes or additions on the lines below. Agency Name Indian River County Board of County Commissioners Agency Head: Mr Joseph A. Baird Address: 1801 27th Street Building A Vero Beach, Florida 32960-3365 Section III RMLO Information Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, please designate an RMLO for your agency on the lines provided on the right. Current Information. Please do not erase or cover information below Indicate changes or additions on the lines below RMLO: Ms. Doris E. Roy Address: 1801 27th Street Building A Vero Beach, FL 32960-3365 Phone: (772) 226-1408 Ext.: Email: droy@ircgov.com 'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of govemment created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records.' =Rule 1B-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F S., Photographic or electronic copies. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1 Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31, 2015 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E QB recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 31 RECORDS DISPOSITION DOCUMENT NO. PAGE OF PAGES 1. AGENCY NAME and ADDRESS INDIAN RIVER COUNTY BOCC IRC BOARD OF COUNTY COMMISSIONERS 1801 27TH STREET VERO BEACH, FL 32960 2. AGENCY CONTACT (Name and Telephone Number) LAURA E VASQUEZ COMMISSIONER ASSISTANT RECORDS MANAGEMENT LIAISON (772)226-1919 3. NOTICE OF INTENTION: The one) ■ a. Destruction scheduled records listed in Item 5 are to be disposed of in the manner checked below (specify only • b Microfilming and Destruction Pc. Other Silidded 4. SUBMITTED the BY: I hereby cords have bee � certify that the records to be disposed of are correctly represented below, that any audit requirements for f Ily justified, and that furtherretentionis not required for any litigationl�pending or imminent. n�� ✓en1se SIP.ernan - Sraf j9 r, f. 1 / 'f IS Signature Name and Title Date t ..,. , 5" ' .LIST_OFo,RECQRD'.SERIES a. Schedule b. Item c. Title 1 d. Retention e. Inclusive r. Volume In 9- Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GSI- SL GSI- SL GSI- SL GSI- GSI- SL GSI- SL GSI- SL GSI- SL GSI- SL GSGSI 124 124 124 124 124 193 340 340 340 OPERATIONAL & STATISTICAL REPORT RECORDS OPERATIONAL & STATISTICAL REPORT RECORDS OPERATIONAL & STATISTICAL REPORT RECORDS OPERATIONAL & STATISTICAL REPORT RECORDS OPERATIONAL & STATISTICAL REPORT RECORDS INSPECTION RECORDS: FIRE/SECURITY/SAFETY DISBURSEMENT RECORDS DETAILS (DUPLICATES) DISBURSEMENT RECORDS DETAILS (DUPLICATES) DISBURSEMENT SEMENT RECORDS DETAILS 3 YEARS 3 YEARS 3 YEARS 3 YEARS 3 YEARS 3 YEARS UNTIL OBSOLETE UNTIL OBSOLETE{ UNTIL OBSOLETE 10-1-08 TO 9-30-09 10-1-08 TO 9-30-09 10-1-08 TO 9-30-09 10-1-08 TO 9-30-09 10-1-08 TO 9-30-09 6/1/09 TO 12/30/09 10/1/11 TO 9/30/12 10/1/11 TO 9/30/12 10/1/11 TO 9/30/12 1.04 1.04 1.04 1 04 1.04 1.04 1.04 1.04 1.04 AlredatC>r% 1-161-15 hriddl,ec.9 1-1,1-16 5hrtC04:0YC9 1 -1 1 -t 3- 5hr kd) I-191-1 . 5i1re600 1-19-1 611reekStC0 - I c-IJ 5V\red c0Pd I-19-16 Me,/) I - 19-IS 5L_Pdjf n ,�t �. HITS 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. / 7. SPOSAL CERTIF di posed of in the er L .4.! t.d4) E: The above listed records have been and on the date shown in colyn g. ,iii 4'--- 1I 3 IS- • / nature D e Jm ltse eeam - ` afr A sista&i- • stodiai - .res Manager. -Liaiso officer Date Name and Title iLaiktA afie.cicti:q_ AD U-LiKaiD o Witness 32 Continuation Paze a. Schedule No. b. Item No. c. Title d. Retention e: Inclusive Dates f. Volume In Cubic Feet 9. Disposition Action and Date Completed After GSI- 42 PURCHASING RECORDS (DUPLICATES) UNTIL 10/1/11 TO 9/30/12 1.04 yAuthorization slIrt'C9C0ed) SL OBSOLETE 1 -19-1 11-IGSI- GSI- 104 EQUIPMENT/VEHICLE MAINTENANCE 1 YEAR.-- 1 YEAR 10/1/11 TO 9/30/12 1 04 5hrecued SL RECORDS (DUPLICATES) I -II% -IS GSI UNTIL SL 223 INVOICES AND OTHER DOCUMENTS OF SURPLUS EQUIPMENT OBSOLETE 10/1/11 TO 9/30/12 1.04 Shre,e(C 4 I -I 9-15 GSI- SL 193 INSPECTION RECORDS: FIRE/SECURITY/SAFETY YEARS 1/1/10 TO 12/30/10 1.04 SkredcCV 3 (-I9 -I6_ GSI- SL 195 PAYROLL RECORDS: SUPPORTING DOCUMENTS YEARS 1/1/10 TO 12/30/10 1.04 Shrecici ✓ I-11—IS GSI- 195 PAYROLL RECORDS: SUPPORTING 3 1/1/11 TO 12/30/11 1.04 �hfeo'� 1P SL DOCUMENTS YEARS CCYY c{ l- Iq-(j GSI- 195 PAYROLL RECORDS: SUPPORTING 3 1/1/09 TO 12/30/09 1.04re,{I� /1 SL DOCUMENTS YEARS VV _I cQY/ GSI- SL 55WC WORKERS' COMPENSATION RECORDS (DUPLICATES) UNTIL OBSOLETE 1/1/05 TO 12/30/12 1.04 alrede0 V I -lci-(5 GSI- 241 INCIDENT RECORDS UNTIL 1/1/08 OBSOLETE TO 12/30/09 1.04 5`6\v -Q041,4/ SL (DUPLICATES) '-,V-t0 GSI- 94 COMPLAINTS: 2 1/1/08 TO 12/30/12 1.04 ShreccB�� SL CITIZEN/CONSUMERS/EMPLOYEES YEARS \-A-t5 GSI- 94 COMPLAINTS: 2 1/1/08 TO 12/30/12 1.04 S1vege(1) SL CITIZEN/CONSUMERS/EMPLOYEES YEARS ,-\C\_t GSI 94 COMPLAINTS: 2 1/1/08 TO 12/30/12 1.04 avill ae j) SL CITIZEN/CONSUMERS/EMPLOYEES YEARS I- K -i GSI- SL 94 COMPLAINTS: CITIZEN/CONSUMERS/EMPLOYEES 2 1/1/08 TO 12/30/12 1.04 ,Shree)IX'eZ YEARS 1-19 -15 GSI- 94 COMPLAINTS: 2 1/1/08 TO 12/30/12 1.04 6-eaiY4 SL CITIZEN/CONSUMERS/EMPLOYEES YEARS 1 -IC( -t5 GSI- SL 104 EQUIPMENT/VEHICLE MAINTENANCE RECORDS (DUPLICATES) 1 YEAR 1/1/09 TO 12/30/09 1.04 Niced564 t -I CI -1 GSI -88 BUDGET RECORDS: SUPPORTING 3 1/1/07 TO 12/30/07 1.04 ShrecOtyeQ� SL DOCUMENTS (DUPLICATES) YEARS 119-it 33 1 ■■ outheast hrededing SECURE SOLUTIONS FOR DOCUMENT DESTRUCTION CERTIFICATE OF DESTRUCTION THIS CERTIFIES THAT ALL RECORDS AND MATERIALS RECEIVED FROM INDIAN RIVER COUNTY ROAD & BRIDGE 4550 41ST STREET, BUILDING A VERO BEACH, FL 32960 HAVE BEEN COMPLETELY DESTROYED BY A CERTIFIED SHREDDING PROCESS. It is further certifiedthat records were not excessively handled, tampered with, or read by anyone with Southeast Secure Shredding, Inc. 3910 US Highway 1 Vero Beach, FL 32960 772-562-6556 Date Destroyed 01/19/2015 Weight: 558 lbs President MO Southeast ding SECURE SOLUTION FOR mannitIT OBTRUCI1ON 3910 US Highway 1, Vero Beach, FL 32960 Office (772) 562-6556 Fax (772) 562-6559 www.sesecureshred.com SHREDDING SERVICES WORK ORDER Date: Monday, January 19, 2015 Time: Before 3:00 Company Name: Indian River County Road -84 Bridge Contact Person: Denise Phone #: 226-3936 Fax #: 569-7213 E-mail: Service Address: 4550 4151 Street ,Building A Vero Beach, FL 32960 Driving Directions: P.O. 70997 Billing Address: SAME x x Ground Floor Boxes Est: 25 Qty: x Off -Site Shredding Estimated Weight: Actual Weight: SERVICE DESCRIPTION Stairs Elevator Loose/File Cabinets X-rays Large X-rays Est: Qty: Est: Qty: Est: Qty: On -Site Shredding Estimated # 95,gal Containers: Actual #(95 gal Containers: Due to logistics, our driver may be unable to pick up more material than is scheduled on this work order. / Method p Payment: Invoice Pricing: lam, 4 . `Total P Customer: -SSS: By signing above, the customer agrees to the scope of work to be performed is'ade. ately describe herein. It is also understood that if the work dimers from the above, pricing and job schedulin : may be adversely affected. All records indicated above are destroyed via a NAID Certified.S edding Process. 35 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County BCC Human Resources Department 1800 27th Street, - Vero Beach, Florida 32960 2. AGENCY CONTACT (Name and Telephone Number) Shelley Nowlin (772) 226-1449 Ext. 3. NOTICE OF INTENTION: The one) ►� a. Destruction scheduled records listed in Item 5 are to be IN b. Microfilming and Destruction disposed of in the manner checked below (specify only ■ c. Other 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for t to records have b en fully justified, and that further retention is not required for any litigation pending or imminent. f Al A ) Colleen Peterson, Human'Resources Manager February 25, 2015 Signature Name and Title Date ``2. 1.?fi ` 'S -' ....L-'ISTIOF-RECORD;SERIES° = = = '. a. Schedule No. b. Item No. c. Title d. Retention e. Inclusive Dates r. Volume In Cubic Feet g. Disposition Action and Date Completed After Authorization GS1-SL 87 Bargaining Records 5 FY 10/1/2001 — 09/30/08 6.0 Si-IREbDE.0 GS1-SL 19 Personnel Records. FL Retirement System 25 FY 10/1/88 — 09/30/89 5 0' (3Y So -.-T i si.C...o_R.E. GS1-SL 111 Insurance Records 5 FY 10/1/08 — 09/30/09 8.5 St.-2G-t.bN t- GS1 SL 17 Correspondence & Memoranda Administrative 3 FY 10/1/10 — 09/30/11 2.0 1 0 CrPA►ay 3- S -ao' GS1-SL 103 Equal Employment Opportunity Compliance Records (A/A Survey Forms) 4 Yrs 01/01 — 12/31/10 GS1 SL 24 Employment Application & Selection Records (Record Copy) 4 Yrs 01/01 — 12/31/11 1.0 GS1-SL 195 Payroll Records: Supporting Documents 5 Yrs None due to change in length of retention 0 GS1-SL 66 Personnel Records. OPSNolunteer/ Intern/Temporary Employment 3 FY 10/1/10 — 09/30/11 2.0 GS1-SL 82 Affirmative Action Records 2 Yrs 01/1/04 - 12/31/08 1 0 GS1-SL 88 Budget Records 3 FY None due to change in length of retention 0 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. / /(7// / ��/L7 !� ' • ��7 1.5— 7. DISPOSAL CERTIFICATE: The above listed records have been disposed of in the rpanner and on the date shown in column g. /l , 3f r 9�iS— Signature Date Colleen Peterson, Human Resources Manager Custb an/Records Management Liaiso Officer Dat Name Title -*,svk SA, -->-__‘i Witness 36 ■• ■ L" outheast mite hxddin g SECURE SOLUTIONS FOR DOCUMENT DESTRUCTION CERTIFICATE OF DESTRUCTION THIS CERTIFIES THAT ALL RECORDS AND MATERIALS RECEIVED FROM INDIAN RIVER COUNTY HUMAN RESOURCES 1800 27TH STREET, BUILDING B VERO BEACH, FL 32960 HAVE BEEN COMPLETELY DESTROYED BY A CERTIFIED SHREDDING PROCESS. It is further certified that records were not excessively handled, tampered with, or read by anyone with Southeast Secure Shredding, Inc. 3910 US Highway 1 Vero Beach, FL 32960 772-562-6556 Date Destroyed 03/05/2015 Weight: 818 lbs President MO ■ o 03/05/2015 1llffEijiill Southeast Secure Shredding 3910 US Highway 1 Vero Beach, FL 32960 772-562-6556 Shredding Certificate Customer: OIRHR Indian River County Human Resources Page III�I�I DPQQ) 00n -Site O Off -Site Address: 1800 27th St, Building B Next Visit: / Vero Beach, FL 32960 Bill To OIRHR-000000000000000 Indian River County Human Address 2 Mail Stop Placement Asset Status Building B office (LB) By Weight Southeast Secure Shredding hereby certifies that the materials received on the above date will be confidentially handled and destroyed and that the shredded material will then be recycled. Customer < Signature: Bin Toe Counts. (LB) By Weight: 1 Driver Date: Date �� S �S Signature shredcrT.frx 38 ' IF ghone. plar* Southeast redding SECURE SOLUTIONS FOR DOCUMENT DESTRUCTION 3910 US Highway 1 Vero Beach, FL 32960 Office (772) 562-6556 Fax (772) 562-6559 www.sesecureshred.com Date: Friday, January 9, 2015 Company Shelly 226-1449 Name: Indian River County Human Resources Service 1800 27th Street Building B Address: Vero Beach, FL 32960 I accept 4 95 gal Bin(s) and 0 key(s) in good condition. I understand that lost keys will be replaced at a cost of $10.00 each and missing or damaged bins will be replaced at a cost of $100.00 each. CUSTOMER Print Name: I1 I 7-.4' Sign: • 1 Date: COMPANY „.1 - Print Name: ) Sign: / - Date: t 39 O ffice 01 Con,ellt 2/O;x'/2vi INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: November 30, 2015 SUBJECT: First Addendum to Amended Developer's Agreement with DiVosta Homes, L.P. for Waterway Village On November 9, 2004, the Board of County Commissioners adopted Resolution 2004-137 approving Waterway Village as a Development of Regional Impact, and approving a Development Order (D.O.) that included project conditions and developer obligations In furtherance of that resolution and Development Order, the County and DiVosta Homes, Limited Partnership, (DiVosta) entered into a Developer's Agreement on December 15. 2005, concerning the timing of certain improvements to be made as a result of the DiVosta development. The Developer's Agreement sets forth obligations such as dedication of a site for a fire station, roadway construction, traffic improvements and right-of-way dedication The terms of the Developer's Agreement call for the obligations to be completed by a date certain, number of building permit applications or completion of dwelling units The Developer's Agreement was amended on May 11, 2010 to settle litigation and vest traffic concurrency for the project. To date, all obligations required of the developer have been met, yet there are future obligations required to be met under the Developer's Agreement by certain deadlines. In 2011, the Florida Legislature passed House Bill 7207, which amended F S 380 06(19)(c), and extended the time period for completion of obligations under the DRI Development Order by four years. The Developer's Agreement (amended in 2010) however has not been updated to reflect the time frames and deadlines effectively extended by the 2011 state legislation. Staff has met with DiVosta representatives and the parties agree that the attached First Addendum to Amended Developer's Agreement appropriately memorializes the changes to the original Developer's Agreement and its 2010 Amendment brought about by House Bill 7207 The proposed changes appear in underline and et skeet# rouh format F, . C, (vIEETING - CONSENT A •UNTYTTORNEYj Ac G roved tr;C1:�1 v.. Gi A_,;71n. Lc:ciol 401 FIRST ADDENDUM TO AMENDED DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND DIVOSTA HOMES, L.P. FOR WATERWAY VILLAGE THIS FIRST ADDENDUM is made and entered into this day of 2015, by and between Indian River County, Florida, a political subdivision of the State of Florida, 1801 27`' Street, Vero Beach, FL 32960, ("County"), and DiVosta Homes, L.P., a Delaware Limited Partnership, 4500 PGA Blvd., Suite 400, Palm Beach Gardens, FL 33418 ("Developer"). WITNESSETH WHEREAS, County and Developer entered into that "Amended Developer's Agreement Between Indian River County, Florida and DiVosta Homes, L.P. for Waterway Village" dated May 11, 2010 ("Agreement"); and WHEREAS, as a result of action by the Florida Legislature, specifically House Bill 7207, amending Section 380.06(19)(c), Florida Statutes, certain obligations of the Developer under the Agreement were extended by four (4) years; and WHEREAS, County and Developer agree that as a result of the action by the Florida Legislature, it is necessary and appropriate to modify the Agreement as stated herein, in order to maintain the spirit and intent of the Agreement as originally contemplated by the Developer and the County; and NOW, THEREFORE, for and in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter stated, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the County and the Developer hereby agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. Section 3.A. of the Agreement is hereby amended and restated as follows: (hereafter, words or numbers marked with a strike through are deleted; words or numbers underlined are added): 3. A. Building permits for Waterway Village shall be issued in staged increments and vested for traffic concurrency as follows: (i) 733 single family dwelling units in Phases 1 and II were previously vested for traffic concurrency and shall remain vested for traffic concurrency through December 31, 241-6 2020. Development of a recreational/clubhouse on 2.2 acres, the school site, and 42 preservation areas may also commence at any time and under the County's development regulations are not subject to concurrency and are therefore deemed vested. (ii) Commencing in 20-1-2 2016, 150 additional single family dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 241-9 2023. Development of a recreationaUclubhouse on 2.7 acres may also commence in 2012 or any time thereafter and under the County's development regulations is not subject to concurrency and is therefore deemed vested. (iii) Commencing in 204-3- 2017, 150 additional single family dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2020 2024. (iv) Commencing in 2011 2018, 52 additional single family dwelling units and 98 multifamily dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2021 2022. Development of a recreational/clubhouse on 1.5 acres may commence in 2014 or any time thereafter and under the County's development regulations is not subject to concurrency and is therefore deemed vested. Development of 20,000 square feet of Neighborhood Commercial uses may also commence in 2014 or any time thereafter and shall remain vested for traffic concurrency through December 31, 2024- 2025, subject to Paragraph 7.B. of the Amended Developer's Agreement. (v) Commencing in 204-5 2019, 150 additional single family dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2022 2026. Development of a recreationaUclubhouse on 2.4 acres may also commence in 2015 or any time thereafter and under the County's development regulations is not subject to concurrency and is therefore deemed vested. (vi) Commencing in 204-6 2020, 26 additional single family dwelling units and 124 multifamily dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2023 2027. Development of a recreational/clubhouse on 4.2 acres may also commence in 2016 or any time thereafter and under the County's development regulations is not subject to concurrency and is therefore deemed vested. 2 J:\Bruce\clients\DiVosta Homes, L.P\First Addendum to Amended Dev Agmt 10.5.15.docx 43 (vii) Commencing in 241-7 2021, 113 additional single family dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2424 2028. 3. Section 3.B. of the Agreement is hereby amended and restated as follows 3.B. The two dates specified in paragraphs 3.A.(ii) — (vii) are the dates between which building permits for the development specified in each provision must be pulled in order to maintain the vesting of the applicable dwelling units or nonresidential development. The vesting provided for in paragraphs 3.A.(i) — (vii) shall lapse for dwelling units or nonresidential development for which a building permit has not been pulled before the expiration of the applicable vested period, unless Developer pays impact fees and has been issued a concurrency certificate for such units. 4. Section 7.B. of the Agreement is hereby amended and restated as follows: 7.B. The Developer agrees to prepay all traffic impact fees (subject to available impact fee credits) for 1,596 dwelling units in Waterway Village no later than December 31, 2414 2019, unless those ,impact fees are paid earlier at the time of the issuance of building permits. The Developer shall have the option to prepay the traffic impact fees for the 20,000 square feet of Neighborhood Commercial uses by December 31, 2$1-3 2019, or at such time as the Developer elects; provided however, the 20,000 square feet of Neighborhood Commercial uses will not be vested for traffic concurrency if the traffic impact fees for the Neighborhood Commercial uses are not paid by December 31, 2815 2019. The Developer acknowledges that any impact fees paid to the County are non-refundable under the County's Code or Ordinances. 5. Except as amended or restated by this Addendum, the Agreement remains in full force and effect. 6. Upon approval and execution by Developer and County, this Addendum shall be attached as an exhibit to the Amended and Restated Development Order, in accordance with the terms of the Amended and Restated Development Order. 3 J:\Bruce\clients'DiVosta Homes, L.P\First Addendum to Amended Dev Agmt 10.5.15.docx DIVOSTA HOMES, L.P., a Delaware limited partnership By: DiVosta Homes Holdings, LLC a Delaware limited liability company, its General Partner BOARD OF COUNTY COMMISIONERS INDIAN RIVER COUNTY, FLORIDA By: By: Print Name: Print Name: Bob Solari Its: Its: Chairman BCC Approved: Jeffrey R. Smith, Clerk of WITNESS: Attest: Court and Comptroller By: WITNESS: Deputy Clerk (Corporate seal is acceptable in place of witnesses) STATE OF FLORIDA COUNTY OF (Approved as to Form and Legal Sufficiency) The foregoing instrument was acknowledged before me this day of , 2015, by , as of DiVosta Homes Holdings, LLC, a Florida limited liability company, in its capacity as the general partner of DiVosta Homes, L.P., a Delaware limited partnership. He is personally known to me or has produced as identification. (Notary Seal) Notary Public My Commission Expires: 4 J:\Bruce\clients\DiVosta Homes, L.P\First Addendum to Amended Dev Agmt I0.5.15.docx 45 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION CONSENT AGENDA DATE: TO: THROUGH: FROM: SUBJECT: November 24, 2015 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manag Declaration of Excess Equipment as Surplus for Sale or Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. There is an auction scheduled for January 9, 2016 at the Fairgrounds, and most of these items will be sold there. Additional excess equipment will be presented to the Board at its December 15, 2015 meeting. The funds received from the sale of these items will be returned to the appropriate accounts. RECOMMENDATION: Staff recommends the Board declare the items on the attached Excess Equipment List as surplus and authorize their sale and/or disposal. There is no cost to the County associated with this request. ATTACHMENT: Proposed Surplus Items for December 8, 2015 Meeting APPROVED AGENDA ITEM BY: co )4. Joseph A. Baird, County Administrator December 8, 2015 Indian River Co App d Date Admin /( Legal $ V 4 � Budget I Department .. j 24 I Risk Manager 46 Proposed Surplus Items - for December 8, 2015 Meeting iie,6„:".,„..„,.. t,t€A)..e.Partmen "IA . -, VAss'4 et, ,z l' Fleeiai *.--in'".;g, 4= .., , 0 ;'_.'4'.:... , De*cliPtiorl4gt '.1 53.7,''' .;. '''''' . ' 1;:,-*VtilLel.Number. Road & Bridge 21887 142 2004 Dodge Dakota 1D7GL32K74S638784 Y Utilities 189990 342 2000 Ford F-250 pick up 1FTNF20F1YEB78485 N Traffic Operations 23917 390 2004 ADDCO SIGN DH1000 1A9H121023M157430 N Utilities 191340 451 2000 Ford F-350 Truck 1FDWF36F5YEC91708 Y Health Department 197970 471 GMC Sonoma Pick-up 1GTDT19W918214381 N Emergency Management 19382 538 2001 Ford F150 XLT 3dr White 1FTRX18WX1NA11187 N Building 22580 863 Chevy Silverado 1500 pick up 1GCEC14X45Z323626 Y North IRC Library 12390 , Metal Media Cart Y North IRC Library 12697 Book check unit N North IRC Library 13121 Vacuum N North IRC Library 14170 Dukane Filmstrip Y NC Library 18373 Minolta Microfilm Reader 319102 N Building 18522 Toshiba 2060 Copier CSH864328 N Emergency Management 19090 Unknown brand of computer N Property Appraisers 19971 HP Laserjet Printer 2200DTN USBGD08821 N North IRC Library 20751 Computer 1MOHL11 N Utilities 21098 Dell Gx260 Computer N Road & Bridge 21182 2003 Bushhog Batwing Mower 1200097 N SRA 21533 Monitor N Road & Bridge 21575 2003 Bushhog 15' Batwing Mower 1200895 N Health Department 21777 Eclipse 850- EKG Machine N Utilities 21945 Simplex Encore Metering Pump Y Utilities 21946 Encore Metering Pump Y Utilities 21947 Encore Pump Double Simplex #6 Y Property Appraisers 22003 Inspiron 8600 627PY41 N Property Appraisers 22171 Inspiron 8600 5Z5GR51 N Property Appraisers 22172 lnspiron 8600 861GR51 N Property Appraisers 22173 Inspiron 8600 3S5GR51 N Property Appraisers 22175 Dell lnspiron 8600 7DPH351 N Property Appraisers 22175 Inspiron 8600 9W5GR51 N Property Appraisers 22178 Inspiron 8600 GZ5GR51 N Utilities 22481 Kyocera KM -3035 N Utilities 23123 Sampler 205M0096 N Health Department 23268 Dell Optiplex GX280 F4VTL71 Y Public Works 23446 Dell GX520 Computer FMKONB1 N Utilities 23479 Dell Latitude 0620 Laptop 8Y2QFC1 Y Utilities 23480 Dell Latitude D620 Laptop JYZQFC1 Y Traffic Engineering 23492 Dell Laptop 6LRBKC1? N Recreation 23922 Suzuki LTA500F 4 -Wheeler 59AAM43A577103150 N SWDD 23971 Dell OptiPlex 745 JC34PC1 Y Engineering 23975 Optiplex 745 BXFMRC1 N Utilities 24150 Aluminum Sulfate Chemical Feed Y North IRC Library 24199 Computer Case Components GTGF4D1 N Utilities 24469 Dell Optiplex 755 N Utilities 24471 Dell Optiplex 755 JZSMBF1 N Property Appraisers 24677 Precision m4300 DWQ1P1 N Property Appraisers 24679 Precision m4300 GWQ1PD1 N Property Appraisers 24680 Precision m4300 BWYSPD1 N Property Appraisers 24681 Precision m4300 DXY5PD1 N Property Appraisers 24682 Precision M4300 JWY5PD1 N Utilities 25161 Dell Optiplex 760 . 2828XH1 N Health Department 25424 350 BizHub all in one 31138949 Y Health Department 25425 350 BizHub all in one 31138737 Y Road & Bridge 25568 TS800 Stihl Saw 170353317 N Utilities 137240 1991 225g Miller Bobcat Welder 6913824186 N Utilities 142010 StarPlus Phone System Y Utilities 165640 P7170 Handheld Radio 9167374 Y Utilities 177420 P7170 Handheld Radio 9168078 Y Utilities 177430 P7170 Handheld Radio 9167393 Y Utilities . 178760 P7170 Handheld Radio 9167391 Y 1/2 47 Proposed Surplus Items - for December 8, 2015 Meeting , ,,,e, • ,,, !.2c,,,i,„ -te,..-,1y::,,,,, _ .;.P.,,,..._ i.. .' :" --1;'". 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WA , um. _elf .z_3_1. .2„., 'iWirtiiill • , y ,_ _,q Utilities 178800 P7170 Handheld Radio 9168093 Y Soil & Water 194531 HP DeskJet 932C 10001398 N SWDD 194710 HP LaserJet 5000 Printer USB3061664 Y Recreation 194881 Jet Ski Trailer and another trailer Y North IRC Library 200930 Computer N Utilities 208590 RD400 PXL4 Omni Receiver 162706 N SWDD 209420 Hot & Cold Pressure Washer N Shooting Range 226371 Dell GX520 with 15Monitor 3VQL921 N Shooting Range 17932A GE MPA Handheld Radio 9219746 N Shooting Range 17933A GE MPA Handheld Radio 9219964 N Shooting Range 17938A GE MPA Handheld Radio 9219674 N Shooting Range 17939A GE MPA Handheld Radio 9219675 N Shooting Range 22566A Mobile EDACS 500M Radio 9015995 N Shooting Range 23087A Portable Radio 9991986 N Shooting Range 24241A Portable P5150 Radio9171498 ' N Shooting Range 24242A Portable P5150 Radio 9171499 N Shooting Range 24245A Portable P5150 Radio 9171796 N Shooting Range 24246A Portable P5150 Radio 9171798 N Computer Services Optiplex GX240 & Misc Items FVF6911 N Emergency Management Pentax 38MM IQZoom140 4E + 06 N Emergency Management Hewlet Packard Printer HP2300 CN73M4ZOY5 N Emergency Management Magellan GPS NAV 5000 DX 1C001683 N Emergency Management Garmin GPS (5 items) N Emergency Management Compaq V500 Monitor 929BF26RD113 Y Emergency Management RCA TV Model E13320 F126DD1GH Y Engineering !phone 4s with case C8WK4069DT9V Y Engineering Qty 4 Battery Back up N Health Department Wooden Bookcase Y Health Department HP DeskJet 920c MY1C76718C y Health Department Optiplex GX280 C4VTL71 Y Health Department HP ScanJet 4850 CN56BTAOS4 Y Health Department HP ScanJet 4850 CN59PTA1F3 Y Health Department HP OfficeJet Pro 8500 Premier and 3 CNO6M7R2F4 N Health Department Daewood TV w/ VCR 13' w/ remote Y Health Department 4 drawer metal filing cabinet Y Health Department Open filing cabinet, 6 shelf/mailbox Y Health Department Panasonic TV Y Health Department Magnavox TV 25' w/ remote Y Health Department Toshiba DVD/VCR Player w/remote Y Health Department Insignia DVD player w/ remote Y Health Department Cyberhome DVD player w/remote r Health Department Orion TV w/ VCR 13' w/ remote Y ' North IRC Library Computer GM8L11 N North IRC Library Disc Repair System EDR-ET-020728 N North IRC Library 8 plastic folding meeting room tables N North IRC Library Envelope folding stuffing machine Y North IRC Library 6 office chairs Y Property Appraisers HP DeskJet 6122 printer MY55131312D N Property Appraisers Inspiron 1150 8WOWD51 N Property Appraisers Inspiron 1150 9KF8561 N Soil & Water HP DeskJet 1120C SG848130V7 N Soil & Water HP Scanjet 8300C CN13N25149 N Soil & Water HP ScanJet 4570C CN34VVT6ORG N 2/2 48 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION CONSENT AGENDA BF DATE: November 24, 2015 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator THROUGH: Jason Brown, Director, Office of Management and Budge FROM: Jennifer Hyde, Purchasing Manage-' ° '' SUBJECT: Adoption of Revised Purchasing Manual BACKGROUND: The current Purchasing Manual (Policies and Procedures) was prepared on behalf of the County Administrator pursuant to the provisions of Section 105.06 of the Code of Ordinances of Indian River County, effective October 2, 2012, with revisions on November 9, 2012, January 9, 2013, February 11, 2014, and October 14, 2014. Paragraph 1.3.C.4 requires the Purchasing Manager to review the manual annually to determine if revisions are needed, and a few updates have been identified. The following pages show in redline the proposed changes to the Manual's text, and the revised Manual is also attached in its entirety. The changes include: • Addition of a statement on ethics and conflict of interest in compliance with the OMB Super Circular 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • Addition of definitions for Invitation to Negotiate and Request for Information processes • Noting Purchase Orders are not issued after the fact without sufficient justification for variance from approved procedures • Clarification to the process for adding a new vendor • Promotion of the use of the Purchasing Card when appropriate • Authorization for electronic signature on bid forms in anticipation of accepting bids electronically in the future • Addition of a description of the reference check process • Clarification of the RFP/RFQ evaluation process • Noting the inclusion of non -asset items on the internal excess equipment list This item is being presented for informational purposes. If no further action is undertaken by the Board of County Commissioners, the County Administrator shall approve the revised Manual. 49 CONSENT AGENDA RECOMMENDATION Staff recommends the Board note their concurrence with the proposed changes to the manual. ATTACHMENTS: Proposed Changes to Purchasing Manual Proposed Revised Purchasing Manual APPROVED AGENDA ITEM: uei) seph AJBaird, County Administrator -61 g, &d/J Indian River Co Ap. o =. Date Admin Vt.-. � Legal � Budget , i Z Department ; Risk Manager Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. 0. Ethics and Conflict of Interest. All County employees involved in any part of the procurement process are required to act in an ethical manner. Local policies addressing such practices may be found in the Administrative Policy Manual, AM -806.1, Conflicts of Interest/Ethics Code 104 06 (which supplements the requirements of F.S. Chapter 112) and County Code Section 105.08 — Disclosure of Relationships. 1.4 PURCHASING DEFINITIONS APPLICABLE LAW - Any local, state or federal law which applies to the transaction or issue at hand, as amended from time to time. If any specific statute or local law is cited in this manual, such reference shall be to the statute or local law, as amended from time to time. EMERGENCY - Any circumstance which creates a threat to public health, safety, welfare or property, or may result in substantial Toss to the County. The term shall not be limited to officially -declared local, state or federal emergencies. In the absence of an officially declared state of emergency, the Purchasing Manager (for purchases up to $25,000), the County Administrator or the Board shall determine whether an emergency exists for procurement purposes. EMERGENCY PROCUREMENT — A procurement transaction necessitated by an emergency where the delay incident to compliance with this manual would be detrimental to the best interests of the County. INVITATION TO BID — A solicitation for fixed pricing to complete specified work or provide specified commodities or services. INVITATION TO NEGOTIATE (ITN) — A solicitation for proposals to determine a best value option to meet a specific goal or address a specific problem. The solicitation seeks one or more respondents with whom the County will negotiate for the procurement of commodities or contractual services. Unless otherwise identified in the individual solicitation, evaluation will be completed as outlined in Section 5.1, however negotiations with multiple firms may be conducted concurrently. MANDATORY BID THRESHOLD — The mandatory bid threshold shall be $25,000. Commodities or services having an estimated value equal to or in excess of the mandatory bid threshold shall be procured through a competitive selection process; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, and at his discretion, without three quotes if determined to be in the best interest of the County, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction up to or in excess of $50,000, without competitive selection, unless otherwise required by applicable law. 4 5i OFFICIAL — Any reference to a county official in this manual — such as the County Administrator, County Attorney, Department Director, Purchasing Manager or Risk Manager — shall include the official, or his or her designee. ORIGINATING DEPARTMENT — The department within the County which originated the request for procurement of a commodity or service. REQUEST FOR INFORMATION (RFI) — A solicitation of input from interested parties for an upcoming solicitation. This procurement practice used to obtain comments, feedback or reactions from potential suppliers (contractors) prior to the issuing of a solicitation. Generally price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. REQUEST FOR PROPOSAL (RFP) — A solicitation for proposals to achieve a stated objective. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may request a price proposal, to be considered in accordance with the evaluation criteria. (See section 5.1 below). REQUEST FOR QUALIFICATION (RFQ) — A solicitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. (See section 5.2 below). RESPONSIVE BIDDER — A bidder whose bid, proposal or submittal complies in all material respects with the bid invitation or solicitation request, as determined by the County. RESPONSIBLE BIDDER — A bidder who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance, as determined by the County. SERVICES — This term shall generally include all services rendered to the County, except those described in section 287.057(3)(e), Florida Statutes (e.g, legal services, health services, etc). Services described in section 287.057(3)(e), Florida Statutes, may be procured without competitive selection. SOLE SOURCE — The only known vendor reasonably capable of providing a specific commodity or service to the County. SOLE BRAND — The only known brand reasonably capable of fulfilling the specific needs of the County. TECHNICALITY OR IRREGULARITY — An item which is not in compliance with the bid invitation or solicitation request, but which is determined by the County to be immaterial to the substantive 5 52 2. REQUISITION GUIDELINES 2.1 AUTHORITY No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager or County Administrator's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the MUNIS electronic financial software system. Requisitions must be completely filled out with the proper information, required quotes, documentation, attachments, approvals, account number, and final approval by the Budget Office. Without this information, the requisition shall be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $1,000 and $4,999 shall include three quotes indicating the vendor, a contact name, telephone number, and price. Purchase requisitions for items valued between $5,000 and $25,000 shall include copies of the written quotations received from each of a minimum of three vendors. If the Originating Department does not have the ability to attach written quotes to MUNIS, the quotes may be forwarded to the Purchasing Division to be scanned and attached. Upon request, the Purchasing Manager may obtain quotes for specific commodities. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 NEW VENDORS When a new vendor is selected and not presently listed in MUNIS, the Originating Department shall provide and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources may also be reviewed. If approved, the Purchasing Division will forward the W-9 to the Finance Office of the Clerk of the 7 53 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures 'IL k ' . t-! , : %-' � ,1' Z.' ., *F ` (' * 4ORID Manual Updated December 8, 2015 2. REQUISITION GUIDELINES 2.1 AUTHORITY No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager or County Administrator's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the MUNIS electronic financial software system. Requisitions must be completely filled out with the proper information, required quotes, documentation, attachments, approvals, account number, and final approval by the Budget Office. Without this information, the requisition shall be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $1,000 and $4,999 shall include three quotes indicating the vendor, a contact name, telephone number, and price. Purchase requisitions for items valued between $5,000 and $25,000 shall include copies of the written quotations received from each of a minimum of three vendors. If the Originating Department does not have the ability to attach written quotes to MUNIS, the quotes may be forwarded to the Purchasing Division to be scanned and attached. Upon request, the Purchasing Manager may obtain quotes for specific commodities. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 NEW VENDORS When a new vendor is selected and not presently listed in MUNIS, the Originating Department shall provide and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources may also be reviewed. If approved, the Purchasing Division will forward the W-9 to the Finance Office of the Clerk of the 7 53 Circuit Court, who. The Finance Office shall enter the vendor information into its records and issue a vendor number which shall be emailed to the Originating Department. 2.5 PURCHASE REQUISITION/ORDER EXEMPTIONS The following expenditures do not require a purchase requisition or a purchase order: 1. Salaries, by position, which were included in the department's annual budget 2. Travel expenses incurred in the course of official duties for a County employee be it in -county, out -of -county, in-state or out-of-state travel requests 3. Routine overhead such as: water, sewer, natural gas, electrical, telephone and garbage fees 4. Postage and postage meter rentals: does not include mailing or stuffing service 5. Subscriptions, subscription renewals and books (with the exception of book orders for libraries) 6. Hospital bills and nursing home bills 7. Medical claims, workers' compensation claims, and liability claims as paid from the County's self-insurance funds 8. After school programs, including salaries for teachers, referees, umpires and swim instructors, and food expenses 9. Railroad crossing signal maintenance 10. Legal services 11. Newspaper advertisement magazine/agency advertisements 12. Notary public applications 13. Welfare services indigent care (food vouchers, prescriptions) 14. Medical services 15. Surplus equipment and services from other local, state or federal agencies 16. Application for permits 17. Registration and licensing fees 18. College tuition and/or educational fee and training fees 19. Membership dues 20. Instructor fees (Up to $3,000 per training event) 21. Title searches/title insurance 22. Expert witness fees and/or services; also includes travel in accordance with Florida statutes 23. Court orders 24. Landfill fees 25. Overnight express mail service 26. Payment of fuel credit cards 27. Rubber stamps 28. Employee business cards 8 54 29. Reimbursement to County employees for the purchase of items intended for County use 2.6 COUNTY PURCHASING CARD The use of a County purchasing card is an encouraged and valid method of procurement in lieu of a purchase requisition, provided the purchase is in accordance with the Purchasing Card Policy as approved by the Board of County Commissioners. 9 55 F. Public Bid Opening. All timely received bids shall be publicly opened by the Purchasing Manager in the presence of one or more witnesses at the time and place stated in the invitation for bids. The Purchasing Division shall retain the original bids on file and remaining copies shall be sent to the Originating Department. G. Bid Acceptance. Bids shall be accepted without alteration or correction, except as authorized in this manual. All bids must t ave an original authorized signature in ink.be signed either in ink or electronically. H. Bid Review. The Originating Department is responsible for reviewing the bid responses and making a recommendation for award of the bid. Should the low bidder not be recommended, a reason must be stated in the written recommendation for award. # I. Verification and References. Prior to award, the Purchasing Division shall reference the low bidder against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. Provided references provided shall be verified at the discretion of the Originating Department. Additional sources may also be reviewed to aid in determining if the bidder as responsible. Correction, Cancellation or Withdrawal of Bids. 1. Correction of Bids. a. Correction of Mathematical Errors Prior to Award. Errors in addition or multiplication of unit prices or in other mathematical calculations may be corrected by the Director of the Originating Department or Purchasing Manager prior to award. Bids shall be deemed to be amended to the corrected amount. In all cases of errors in mathematical computation, the unit prices shall not be changed. b. Correction of Mathematical Errors after Award. Errors in addition or multiplication of unit prices or in other mathematical calculations identified after award may be corrected only with the approval of the Board, and any correction shall not exceed the amount of the next low bid. 2. Cancellation of Bids. Any time prior to the bid opening date and time, the Purchasing Manager may cancel or postpone the bid opening, or cancel the invitation for bids in its entirety. 3. Amendment or Withdrawal of Bids. a. Bid Amendments Prior to Opening. Any bidder may voluntarily withdraw or amend the bid at' any time prior to the bid opening in person, or by written notice received by the Purchasing Manager prior to the bid opening. Amendments shall be forwarded to the Purchasing Division prior to bid opening, sealed and identified with the bid number. 15 56 (a) meets to discuss negotiation strategies, or (b) meets with any firm responding to the RFQ for the purpose of hearing a presentation, discussions and asking questions, or negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. F. Ranking of Firms. The Evaluation Committee, after any discussions with and/or presentations by each short listed firm, shall vote on the final ranking. The ranking of firms shall indicate the Evaluation Committee's determination of the firms that are most highly qualified to perform the required services. G. Ranking Reported to the Board. The Evaluation Committee's ranking of the firms shall be submitted to the Board through the County Administrator by the Originating Department. Upon final ranking and selection by the Board, the Originating Department shall proceed with negotiations; provided, however, that if the estimated value of the services is $25,000 or less, the Purchasing Manager, in consultation with the Originating Department, may determine final ranking and selection, and if the estimated value of the services is $50,000 or less, the County Administrator, in consultation with the Originating Department, may determine final ranking and selection, H. Negotiations. The Originating Department shall negotiate with the firms in the order and manner set forth in the Consultants Competitive Negotiation Act, which generally requires that the Originating Department first negotiate with the most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the most qualified firm, and shall commence negotiations with the second most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the second most qualified firm, and shall commence negotiations with the third most qualified firm. If the County is unable to negotiate a satisfactory contract with any of the selected firms, the County may select additional firms responding to the RFQ in the order of their competence and qualification and continue negotiations in the same manner until an agreement is reached. Award of Contract. At the conclusion of successful negotiations, a contract, approved by the County Attorney, shall be submitted to the Purchasing Manager (up to $25,000), the County Administrator (up to $50,000) or the Board (up to and in excess of $50,000) for approval. A copy of the executed contract shall be transmitted to the Purchasing Division for the permanent file. 5.3 RANKING OF FIRMS IN RFP AND RFQ PROCESS The ranking of firms in an RFP or RFQ process shall be' done in the following manner, unless otherwise specified within the RFP or RFQ: (a) the RFP or RFQ solicitation documents shall list the 23 57 evaluation criteria and assign a maximum number of points available for each criterion. The total maximum number of points available for all criteria shall be 100, (b) each member of the evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria, (c) each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1, and (d) the rankings received by each firm from all committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. The firm receiving the lowest average ranking (ie., closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of the tied firms shall be determined by a comparison of the total number of points received by each firm for all criteria from all committee members. After interviews in an RFQ process (or in an RFP process, if interviews are held), and based upon information learned during the interviews, each committee member may change the numbcr of _ _ - - - _ -• _ _ - _ - _ - - '_, _ _ - his or her ranking of firms. The evaluation process shall continue until the evaluation committee declares the rankings final. 24 58 1VE* t;: * ,. , LORI _ * - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated December 8, 2015 8. EXCESS/SURPLUS ASSET DISPOSITION The Purchasing Division shall maintain an electronic list, accessible to all County employees, of excess assets and other items in working condition that may be usable to another department. This list shall be periodically submitted to the Board for approval to declare the assets surplus and to remove the assets from inventory. Once declared surplus by the Board, the Purchasing Division shall transfer or sell the assets through any method consistent with the laws of Florida or applicable County policies. 27 59 Purchasin: Manual Indian River County Board of County Commissioners Purchasing Division 1800 27th Street Vero Beach, FL 32960 (772) 226-1416 Purchasing@ircgov.com 60 TABLE OF CONTENTS 1. GENERAL INFORMATION 1 1.1 INTRODUCTION 1 1.2 PURCHASING OVERVIEW 1 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION 1 1.4 PURCHASING DEFINITIONS 4 1.5 AUTHORITY OF THE PURCHASING MANAGER 6 2. REQUISITION GUIDELINES 7 2.1 AUTHORITY 7 2.2 PURCHASE REQUISITIONS 7 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD 7 2.4 NEW VENDORS 7 2.5 PURCHASE REQUISITION/ORDER EXEMPTIONS 8 2.6 COUNTY PURCHASING CARD 9 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 10 3.1 BELOW THE MANDATORY BID THRESHOLD 10 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT 10 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING") 11 3.4 EMERGENCY PROCUREMENTS 11 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS 12 3.6 BLANKET PURCHASE ORDERS 12 4. COMPETETIVE SELECTION - BIDS 14 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD 14 ii 61' 4.2 BIDDING PROCEDURES 14 4.3 AWARD 16 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS16 4.5 WORK ORDERS/AUTHORIZATIONS 19 4.6 CHANGE ORDERS 19 5. COMPETITIVE SELECTION — RFP/RFQ 21 5.1 REQUEST FOR PROPOSAL (RFP) 21 5.2 REQUEST FOR QUALIFICATIONS (RFQ) 22 6. SUMMARY OF PROCUREMENT 25 7. PROTEST PROCEDURE 26 7.1 RESOLUTION OF PROTESTS 26 8. EXCESS/SURPLUS ASSET DISPOSITION 27 Record of Changes Approved by the Board of County Commissioners, Current Version Effective October 2, 2012. Revised November 19, 2012, January 9, 2013, February 11, 2014, October 14, 2014 Current Revision Approved December 8, 2015 Approved 62 1. GENERAL INFORMATION 1.1 INTRODUCTION The purpose of this manual is to set forth and implement policies and procedures governing the procurement of commodities and services. It is strongly recommended that all personnel charged with responsibility for procuring commodities and services become thoroughly familiar with the policies and procedures set forth herein. 1.2 PURCHASING OVERVIEW Procurement is regulated by this manual, the Indian River County Code and, to the extent applicable, state and federal statutes. The Board of County Commissioners (Board) has delegated limited authority to procure commodities and services to the Purchasing Manager and the County Administrator. Any procurement in excess of the authority of the County Administrator shall be approved by the Board. The County Attorney shall serve as legal counsel and provide legal services with respect to procurement matters. 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION A. Authority. Pursuant to chapter 105 of the Indian River County Code of Ordinances, the policies and procedures set forth herein have been promulgated by the County Administrator, and approved by the Board. B. Short Title. These policies and procedures shall be known and may be cited as the "Indian River County Purchasing Manual." C. Application of This Manual. 1. General Application. This manual shall apply only to procurement transactions solicited or entered into after the effective date of the manual. 2. Application to Procurement. This manual shall apply to all procurement transactions by the County, irrespective of the source of funds. The use of state or federal grants or funds shall not exempt compliance with the requirements of this manual, unless 1 63 WE* BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ,3'. I ` ' ', 3 Purchasing Policies and Procedures LOR0 Manual Updated December 8, 2015 1. GENERAL INFORMATION 1.1 INTRODUCTION The purpose of this manual is to set forth and implement policies and procedures governing the procurement of commodities and services. It is strongly recommended that all personnel charged with responsibility for procuring commodities and services become thoroughly familiar with the policies and procedures set forth herein. 1.2 PURCHASING OVERVIEW Procurement is regulated by this manual, the Indian River County Code and, to the extent applicable, state and federal statutes. The Board of County Commissioners (Board) has delegated limited authority to procure commodities and services to the Purchasing Manager and the County Administrator. Any procurement in excess of the authority of the County Administrator shall be approved by the Board. The County Attorney shall serve as legal counsel and provide legal services with respect to procurement matters. 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION A. Authority. Pursuant to chapter 105 of the Indian River County Code of Ordinances, the policies and procedures set forth herein have been promulgated by the County Administrator, and approved by the Board. B. Short Title. These policies and procedures shall be known and may be cited as the "Indian River County Purchasing Manual." C. Application of This Manual. 1. General Application. This manual shall apply only to procurement transactions solicited or entered into after the effective date of the manual. 2. Application to Procurement. This manual shall apply to all procurement transactions by the County, irrespective of the source of funds. The use of state or federal grants or funds shall not exempt compliance with the requirements of this manual, unless 1 63 specifically provided within a grant or funding agreement approved by the Board, or by applicable state or federal law. 3. Dependent Special Districts. This manual shall apply to procurement transactions solicited or entered into by the County on behalf of dependent special districts. 4. Revisions. The Purchasing Manager shall review this manual on an annual basis to determine if revisions are needed. Revisions may be made at the direction of the County Administrator upon recommendation of the Purchasing Manager. Any substantial and material revisions shall be approved by the Board. D. Waiver of Requirements of the Manual. The Board may waive the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. E. Waiver of Technicalities and Irregularities. The Board may waive any technicalities or irregularities relating to compliance with the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. F. Limited Authority of the Purchasing Manager. The Purchasing Manager shall be authorized to procure commodities and services up to $25,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the Purchasing Manager to exercise such authority. G. Limited Authority of the County Administrator. The County Administrator shall be authorized to procure commodities and services up to $50,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the County Administrator to exercise such authority. The County Administrator is authorized to procure planning or study activity services obtained pursuant to the Consultants' Competitive Negotiation Act, F.S. 287.055 up to $25,000. H. Indemnification. All contracts for services or public works projects (other than construction contracts), and any other contracts deemed necessary by the County Administrator or the Board, shall provide that the contractor or vendor shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the contractor (or vendor), or its employees, agents, subcontractors, or other persons or entities performing work under the contract. CONSTRUCTION CONTRACTS SHALL INCLUDE THE INDEMNIFICATION PROVISION SET FORTH IN SECTION 4.4 BELOW. I. Insurance Requirements. When deemed necessary by the County Administrator or the Board, contracts shall contain requirements for the protection of the County through sufficient insurance as specified by the Risk Management Division, which shall approve the 2 64 insurance requirements contained in the bid documents. Upon award, the Risk Management Division shall review certificates of insurance, approving those which comply with the requirements of the bid documents. Non -approved certificates of insurance shall be returned to the Purchasing Division with a statement of the reasons for non -approval and instructions on how the certificate may be corrected. Insurance requirements shall be met prior to final execution of the contract by the Chairman .of the Board, or the County Administrator or the Purchasing Manager. The Purchasing Division and the Risk Management Division shall not allow any contract to continue without proper insurance in effect. Work to be authorized by purchase order must also meet the insurance requirements dictated by the Administrative Policy and Risk Management. J. Bid Bond. A bid bond or alternative bid security must accompany each bid exceeding $25,000, unless such requirement is waived by the County. A bid bond must be properly executed by the bidder and by a qualified surety. Alternative bid security must be in the form of a certified check or cashier's check issued by a bank authorized to do business in the State of Florida. The bid bond or security shall be in the amount of not less than five percent (5%) of the total amount of the bid, and shall be payable to the Indian River County Board of County Commissioners. Any failure or refusal by the bidder to honor the bid after opening shall be deemed to be a breach of the bidder's obligations. In such event, the bid bond or security shall be immediately payable to the County as liquidated damages, and not as a penalty. Failure to supply the required bid bond or security at the time of the bid opening shall automatically disqualify the bidder as non-responsive to the bid requirements. K. Sole Discretion. Any decision, waiver, exercise of judgment or interpretation required or permitted by this manual, or the application of this manual, by the County or any County official shall be deemed to be made in the sole and absolute discretion of the County or the official, and shall be final and binding upon all affected parties. L. Contract Renewal or Extension. Renewal or extension of any contract shall be at the sole discretion of the County. No supplier of commodities or services shall have a legal right to renewal or extension of any contract. M. Contracts or Purchase Orders Entered into in Violation of this Manual. Any contract, purchase order or other commitment entered into by a County employee or department in violation of this manual shall be null and void; provided, however, that the Board may waive the requirements of this manual, or any technicalities or irregularities relating to compliance with the requirements of this manual, when it is in the best interests of the County to do so. N. Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act. Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the 3 65 Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. 0. Ethics and Conflict of Interest. All County employees involved in any part of the procurement process are required to act in an ethical manner. Local policies addressing such practices may be found in the Administrative Policy Manual, AM -806.1, Conflicts of Interest/Ethics Code 104.06 (which supplements the requirements of F.S. Chapter 112) and County Code Section 105.08 — Disclosure of Relationships. 1.4 PURCHASING DEFINITIONS APPLICABLE LAW - Any local, state or federal law which applies to the transaction or issue at hand, as amended from time to time. If any specific statute or local law is cited in this manual, such reference shall be to the statute or local law, as amended from time to time. EMERGENCY - Any circumstance which creates a threat to public health, safety, welfare or property, or may result in substantial loss to the County. The term shall not be limited to officially -declared local, state or federal emergencies. In the absence of an officially declared state of emergency, the Purchasing Manager (for purchases up to $25,000), the County Administrator or the Board shall determine whether an emergency exists for procurement purposes. EMERGENCY PROCUREMENT — A procurement transaction necessitated by an emergency where the delay incident to compliance with this manual would be detrimental to the best interests of the County. INVITATION TO BID — A solicitation for fixed pricing to complete specified work or provide specified commodities or services. INVITATION TO NEGOTIATE (ITN) — A solicitation for proposals to determine a best value option to meet a specific goal or address a specific problem. The solicitation seeks one or more respondents with whom the County will negotiate for the procurement of commodities or contractual services. Unless otherwise identified in the individual solicitation, evaluation will be completed as outlined in Section 5.1, however negotiations with multiple firms may be conducted concurrently. MANDATORY BID THRESHOLD — The mandatory bid threshold shall be $25,000. Commodities or services having an estimated value equal to or in excess of the mandatory bid threshold shall be procured through a competitive selection process; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, and at his discretion, without three quotes if determined to be in the best interest of the County, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction up to or in excess of $50,000, without competitive selection, unless otherwise required by applicable law. 4 66 OFFICIAL — Any reference to a county official in this manual — such as the County Administrator, County Attorney, Department Director, Purchasing Manager or Risk Manager — shall include the official, or his or her designee. ORIGINATING DEPARTMENT — The department within the County which originated the request for procurement of a commodity or service. REQUEST FOR INFORMATION (RFI) — A solicitation of input from interested parties for an upcoming solicitation. This procurement practice used to obtain comments, feedback or reactions from potential suppliers (contractors) prior to the issuing of a solicitation. Generally price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. REQUEST FOR PROPOSAL (RFP) — A solicitation for proposals to achieve a stated objective. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may request a price proposal, to be considered in accordance with the evaluation criteria. (See section 5.1 below). REQUEST FOR QUALIFICATION (RFQ) — A solicitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no Tess than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. (See section 5.2 below). RESPONSIVE BIDDER — A bidder whose bid, proposal or submittal complies in all material respects with the bid invitation or solicitation request, as determined by the County. RESPONSIBLE BIDDER — A bidder who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance, as determined by the County. SERVICES — This term shall generally include all services rendered to the County, except those described in section 287.057(3)(e), Florida Statutes (e.g, legal services, health services, etc). Services described in section 287.057(3)(e), Florida Statutes, may be procured without competitive selection. SOLE SOURCE — The only known vendor reasonably capable of providing a specific commodity or service to the County. SOLE BRAND — The only known brand reasonably capable of fulfilling the specific needs of the County. TECHNICALITY OR IRREGULARITY — An item which is not in compliance with the bid invitation or solicitation request, but which is determined by the County to be immaterial to the substantive 5 67 terms and conditions of the bid, proposal or submittal. The waiver of a technicality or irregularity shall not result in an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request. 1.5 AUTHORITY OF THE PURCHASING MANAGER A. Line of Authority. The Purchasing Division is part of the Office of Management and Budget. The Purchasing Manager is directly responsible to the Director of the Office of Management and Budget. Except as otherwise provided in this manual, the Purchasing Manager shall procure or oversee the procurement of all commodities and services for the Board. B. Principal Procurement Officer of the County. The Purchasing Manager shall be the principal procurement officer of the County. C. Operational Procedures. The Purchasing Manager may adopt operational procedures covering the internal functions of the Purchasing Division and delegate rights, powers, and authority vested in him to other Purchasing Division staff. 6 68 �, * �/' ,.. ) , eti */ " BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures it, _ - LI /1:'- • LORI Manual Updated December 8, 2015 2. REQUISITION GUIDELINES 2.1 AUTHORITY No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager or County Administrator's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the MUNIS electronic financial software system. Requisitions must be completely filled out with the proper information, required quotes, documentation, attachments, approvals, account number, and final approval by the Budget Office. Without this information, the requisition shall be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $1,000 and $4,999 shall include three quotes indicating the vendor, a contact name, telephone number, and price. Purchase requisitions for items valued between $5,000 and $25,000 shall include copies of the written quotations received from each of a minimum of three vendors. If the Originating Department does not have the ability to attach written quotes to MUNIS, the quotes may be forwarded to the Purchasing Division to be scanned and attached. Upon request, the Purchasing Manager may obtain quotes for specific commodities. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 NEW VENDORS When a new vendor is selected and not presently listed in MUNIS, the Originating Department shall provide and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources may also be reviewed. If approved, the Purchasing Division will forward the W-9 to the Finance Office of the Clerk of the 7 69 Circuit Court, who shall enter the vendor information into its records and issue a vendor number which shall be emailed to the Originating Department. 2.5 PURCHASE REQUISITION/ORDER EXEMPTIONS The following expenditures do not require a purchase requisition or a purchase order: 1. Salaries, -by position, which were included in the _department's annual budget 2. Travel expenses incurred in the course of official duties for a County employee be it in -county, out -of -county, in-state or out-of-state travel requests 3. Routine overhead such as: water, sewer, natural gas, electrical, telephone and garbage fees 4. Postage and postage meter rentals: does not include mailing or stuffing service 5. Subscriptions, subscription renewals and books (with the exception of book orders for libraries) 6. Hospital bills and nursing home bills 7. Medical claims, workers' compensation claims, and liability claims as paid from the County's self-insurance funds 8. After school programs, including salaries for teachers, referees, umpires and swim instructors, and food expenses 9. Railroad crossing signal maintenance 10. Legal services 11. Newspaper advertisement magazine/agency advertisements 12. Notary public applications 13. Welfare services indigent care (food vouchers, prescriptions) 14. Medical services 15. Surplus equipment and services from other local, state or federal agencies 16. Application for permits 17. Registration and licensing fees 18. College tuition and/or educational fee and training fees 19. Membership dues 20. Instructor fees (Up to $3,000 per training event) 21. Title searches/title insurance 22. Expert witness fees and/or services; also includes travel in accordance with Florida statutes 23. Court orders 24. Landfill fees 25. Overnight express mail service 26. Payment of fuel credit cards 27. Rubber stamps 28. Employee business cards 8 70 29. Reimbursement to County employees for the purchase of items intended for County use 2.6 COUNTY PURCHASING CARD The use of a County purchasing card is an encouraged and valid method of procurement in lieu of a purchase requisition, provided the purchase is in accordance with the Purchasing Card Policy as approved by the Board of County Commissioners. 9 71 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 3.1 BELOW THE MANDATORY BID THRESHOLD Purchases below the mandatory bid threshold may be made without competitive selection; however, purchases below the mandatory bid threshold may be made with competitive selection, at the discretion of the Purchasing Manager, the County Administrator or the Board. 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT A sole source or sole brand purchase less than $25,000 may be authorized by the Purchasing Manager after receipt of proper documentation from the Originating Department in the form of a completed sole source/sole brand memorandum and documentation verifying that a good faith review of available sources or brands has been completed. A record of the sole source or sole brand request shall be maintained by attachment of the completed documentation in the MUNIS requisition file. A sole source or sole brand purchase up to $50,000 may be approved by the County Administrator. Any request in excess of $50,000, shall be forwarded to the Purchasing Division for submission to the Board for approval. A sole source procurement involving contracts or purchase of materials for the construction, modification, alteration, or repair of any publicly owned facility shall be governed by Florida Statute 255.04, which generally provides that the County may not specify the use of materials or systems by a sole source, unless the Board, after consideration of all available alternatives materials and systems, determines that the specification of the sole source is justifiable based upon its cost or interchangeability, and the sole source specification has been recommended by the architect or engineer of record. Documentation of the Board's determination and supporting justification shall be maintained in the bid or requisition file. For a commodity or service to be deemed a sole source or sole brand procurement, the department must submit appropriate documentation, which shall include both correspondence from the manufacturer or vendor (dated within the past 12 months) asserting its status as sole source or sole brand and a completed sole source/sole brand memorandum, documenting at least one of the following: A. This is the only known vendor or manufacturer reasonably capable of providing a specific commodity or service to the County. 10 72 BOARD OF COUNTY COMMISSIONERS WEA) Ztw I i:'' q ...- INDIAN RIVER COUNTY, FLORIDA Z� 1,'-• ! * ' '� . !, '*1 Purchasing Policies and Procedures ''L0R1 Manual Updated December 8, 2015 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 3.1 BELOW THE MANDATORY BID THRESHOLD Purchases below the mandatory bid threshold may be made without competitive selection; however, purchases below the mandatory bid threshold may be made with competitive selection, at the discretion of the Purchasing Manager, the County Administrator or the Board. 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT A sole source or sole brand purchase less than $25,000 may be authorized by the Purchasing Manager after receipt of proper documentation from the Originating Department in the form of a completed sole source/sole brand memorandum and documentation verifying that a good faith review of available sources or brands has been completed. A record of the sole source or sole brand request shall be maintained by attachment of the completed documentation in the MUNIS requisition file. A sole source or sole brand purchase up to $50,000 may be approved by the County Administrator. Any request in excess of $50,000, shall be forwarded to the Purchasing Division for submission to the Board for approval. A sole source procurement involving contracts or purchase of materials for the construction, modification, alteration, or repair of any publicly owned facility shall be governed by Florida Statute 255.04, which generally provides that the County may not specify the use of materials or systems by a sole source, unless the Board, after consideration of all available alternatives materials and systems, determines that the specification of the sole source is justifiable based upon its cost or interchangeability, and the sole source specification has been recommended by the architect or engineer of record. Documentation of the Board's determination and supporting justification shall be maintained in the bid or requisition file. For a commodity or service to be deemed a sole source or sole brand procurement, the department must submit appropriate documentation, which shall include both correspondence from the manufacturer or vendor (dated within the past 12 months) asserting its status as sole source or sole brand and a completed sole source/sole brand memorandum, documenting at least one of the following: A. This is the only known vendor or manufacturer reasonably capable of providing a specific commodity or service to the County. 10 72 B. This is the only known brand reasonably capable of fulfilling the specific needs of the County C. The required commodities or services are sold only through an authorized dealer that serves Indian River County and no other dealer or distributor may sell within this geographical area. To verify the vendor/manufacturer's statement, the Purchasing Division may post a notice on Demandstar or similar service, declaring the County's intent to award a sole source purchase and enabling other vendors to challenge that designation. This notification ensures due diligence has been taken in determining sole source/sole brand status. 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING") A. Authority to Enter into Piggyback Contracts. As an alternative to any competitive selection process required by this manual, commodities and services may also be procured through: (1) the use of cooperative purchasing methods utilizing purchase agreements entered into by other governmental or public entities (local, state, federal, public educational, etc) following a valid competitive selection process, or (2) directly from vendors holding a current U.S. General Services Administration contract. The County shall have the authority to enter into a piggyback contract if both the vendor and the public procurement unit agree and the procurement transaction was entered into following a valid competitive selection process. Piggyback purchases shall be allowed without limit for any commodity or service that is included in the current year budget. For items not included in the current year budget, such piggyback purchases shall be approved by the Purchasing Manager (up to $25,000), the County Administrator (up to $50,000), or the Board (up to and in excess of $50,000). B. Authority to Sponsor, etc Cooperative Purchasing Agreements. The Purchasing Division may sponsor, conduct, administer or participate in cooperative purchasing agreements for the procurement of any commodities or services with one or more other public procurement units. Such cooperative purchasing may include but is not limited to joint or multiple party contracts which are made available to other public procurement units. C. Contract Controversies. Any controversies concerning the award or processing of a contract which has been entered into on a cooperative basis shall be resolved under the terms of the original public contract, except as modified by the piggyback contract. 3.4 EMERGENCY PROCUREMENTS When an emergency exists, the Originating Department shall contact the Purchasing Division and provide adequate justification for making an emergency procurement. Any emergency procurement exceeding the $25,000 award authority of the Purchasing Manager shall require the approval of the County Administrator or the Board, along with a written account of the emergency circumstances from the Director of the Originating Department. 11 73 If an emergency is confirmed, the Purchasing Division shall enter a requisition in MUNIS and assign an emergency purchase order number. The Originating Department may be required to enter a written explanation of the emergency in the MUNIS requisition for the permanent purchasing files. The Originating Department shall make the purchase of the necessary commodities or services and may be required to update the emergency requisition to reflect the actual description and cost of the commodities or services. The Purchasing Division shall issue a "confirming" purchase order to cover the purchase after receipt of the approved requisition. After Normal Working Hours. The Department Director shall exercise his or her judgment as to the justification for making an emergency procurement. If justified, the Department shall make the written emergency purchase request to the Purchasing Division, which shall prepare a requisition and assign a purchase order number. The Originating Department shall prepare an emergency memorandum and deliver it to the Purchasing Division on the next working day. In an emergency, contracts for purchase of parts or repairs to then -existing county equipment or machinery may be purchased or contracted by the County Administrator, provided the County Administrator certifies that an emergency exists, and routes a copy of the purchase order or contract to the Board for its review with a memorandum describing the emergency. Any request to the Purchasing Manager for an emergency purchase order number prior to complying with the requisition procedures outlined above shall be denied, unless the Purchasing Manager decides that a bona fide emergency does in fact exist. 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS The Purchasing Manager shall issue annual term contracts for commodities and services (up to $25,000) or after approval by the County Administrator (up to $50,000) or the Board (up to or in excess of $50,000). The Purchasing Manager may renew an annual contract for multiple years, one year at a time, subject to satisfactory performance, zero cost increase (or as stated in the original contract), vendor acceptance and the determination that such renewal of the annual contract is in the best interests of the County, and authority for such renewal(s) is set forth in the contract. 3.6 BLANKET PURCHASE ORDERS A. Authority. A blanket purchase order may be issued for up to $25,000 for the purchase of miscellaneous commodities where the quantity cannot be anticipated or where it is not practical to store all items until they are needed. Single item purchases pursuant to a blanket purchase order may not exceed $1,000. Blanket purchase orders issued as a result of a bid or piggyback contract (entered into in accordance with section 3.3), or otherwise approved by the County Administrator (up to $50,000) or the Board (up to or in excess of $50,000), are exempt 12 74 from the $25,000 limit and the $1,000 single item purchase limit. Blanket purchase orders shall be effective for up to one year, and only for the fiscal year for which it has been issued. B. Requisition. Requests for blanket purchase orders shall be initiated by entry of an electronic requisition into MUNIS indicating the vendor, item description, and amount being requested. Blanket purchase orders shall then be prepared on the standard purchase order form which shall include the following information: 1. Dates the blanket purchase order is to be in effect (i.e., start and end dates). 2. General description of commodities to be purchased. 3. Multiple line items are required where more than one account number is to be used. Each account number requires a separate line. C. Procedure if Initial Purchase Order is Exceeded. After the blanket purchase order is issued to the vendor, the Originating Department is authorized to place orders directly with the vendor using the purchase order number. If the amount of the initial blanket purchase order will be exceeded, the department shall request authority to increase the amount from the Budget Department. If the Budget Department approves the request, the Purchasing Division shall process the change order, up to a maximum total of $25,000 (for purchase orders not associated with a bid, contract, or piggyback, which may exceed the $25,000 threshold). The County Administrator may authorize an increase up to a maximum $50,000 total (on purchase orders not associated with a bid, contract, or piggyback). 13 75 If ,01-*.., BOARD OF COUNTY COMMISSIONERS Ty AL- ,:'.- INDIAN RIVER COUNTY, FLORIDA � ;l-`-' . ,'� Purchasing Policies and Procedures *. `'• *i ..__ifs, `Ri.- Manual Updated December 8, 2015 4. COMPETETIVE SELECTION — BIDS 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD The Mandatory Bid Threshold is $25,000. Except as set forth in applicable law or this manual, commodities or services having an estimated value in excess of the mandatory bid threshold shall be procured through competitive sealed bidding; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction in excess of $50,000, without competitive selection, unless otherwise required by applicable law. A procurement transaction shall not be artificially divided so as to circumvent the mandatory bidding process. 4.2 BIDDING PROCEDURES A. Requisition. The Originating Department shall enter an electronic requisition in MUNIS for approval by the Office of Management and Budget for availability of funds. The requisition shall include a description of the commodity or service. Upon receipt of the approved requisition, the Purchasing Division shall contact the Originating Department and provide a bid number. This number shall be included on all specifications and bid documents. B. Bid Documents. The Originating Department shall provide the Purchasing Division with a copy_ of specifications and bid documents. The Purchasing Manager shall review the specifications and bid documents to ensure that the specifications do not unduly restrict open and free competition, and do promote standardization of commodities. C. Public Notice. Public notice of the invitation for bids shall be given a reasonable time prior to the date set forth in the bid documents for the opening of bids. Such notice may include publication in a newspaper of general circulation and posting on the internet. D. Addenda. Addenda to the bid documents shall be provided to all bid document holders of record by the Originating Department, the consultant or DemandStar (or similar provider), as applicable. A copy shall be provided to the Purchasing Division for its records. E. Bid Opening. 1. Time of Receipt. Bids must be received by the Purchasing Division no later than the time and date stated in the invitation for bids. Bids received after this time shall not be considered. 14 76 F. Public Bid Opening. All timely received bids shall be publicly opened by the Purchasing Manager in the presence of one or more witnesses at the time and place stated in the invitation for bids. The Purchasing Division shall retain the original bids on file and remaining copies shall be sent to the Originating Department. G. Bid Acceptance. Bids shall be accepted without alteration or correction, except as authorized in this manual. All bids must be signed either in ink or electronically. H. Bid Review. The Originating Department is responsible for reviewing the bid responses and making a recommendation for award of the bid. Should the low bidder not be recommended, a reason must be stated in the written recommendation for award. Verification and References. Prior to award, the Purchasing Division shall reference the low bidder against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. Provided references provided shall be verified at the discretion of the Originating Department. Additional sources may also be reviewed to aid in determining if the bidder as responsible. J. Correction, Cancellation or Withdrawal of Bids. 1. Correction of Bids. a. Correction of Mathematical Errors Prior to Award. Errors in addition or multiplication of unit prices or in other mathematical calculations may be corrected by the Director of the Originating Department or Purchasing Manager prior to award. Bids shall be deemed to be amended to the corrected amount. In all cases of errors in mathematical computation, the unit prices shall not be changed. b. Correction of Mathematical Errors after Award. Errors in addition or multiplication of unit prices or in other mathematical calculations identified after award may be corrected only with the approval of the Board, and any correction shall not exceed the amount of the next low bid. 2. Cancellation of Bids. Any time prior to the bid opening date and time, the Purchasing Manager may cancel or postpone the bid opening, or cancel the invitation for bids in its entirety. 3. Amendment or Withdrawal of Bids. a. Bid Amendments Prior to Opening. Any bidder may voluntarily withdraw or amend the bid at any time prior to the bid opening in person, or by written notice received by the Purchasing Manager prior to the bid opening. Amendments shall be forwarded to the Purchasing Division prior to bid opening, sealed and identified with the bid number. 15 77 b. Bid Amendments after Opening. After bid opening, bidders may not amend their bid. Bids shall remain in effect and binding upon the bidder for a period of sixty days, or such other time period specified in the bid documents. 4.3 AWARD A. Award Authority. A bid shall be awarded by written notice to the lowest responsible and responsive bidder. Awards not exceeding $25,000 may be awarded by the Purchasing Manager; awards not exceeding $50,000 may be awarded by the County Administrator; and, awards exceeding $50,000 shall be awarded by the Board. The Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any portion of a bid. After an award is made, the Purchasing Manager shall issue a purchase order or a "Notice of Award" as applicable. If, within 60 days after bids are opened, or within such other time period specified in the bid documents, the bid of the lowest responsible and responsive bidder is withdrawn or not honored, the County may award the bid to the next lowest responsible and responsive bidder. After 60 days or such other time period specified in the bid documents, the Board may award to the next lowest responsible and responsive bidder only if the next lowest responsible and responsive bidder agrees, in writing, to extension of the bid price for the additional period of time. These processes may be repeated until an award is made to a responsible and responsive bidder. B. Tie Bids. If two or more bidders are tied, in accordance with section 287.087 of the Florida Statutes, preference shall be given to the bidder with a Dru&,Free Workplace Program. In cases where at least two tied bidders each have a Drug Free Workplace Program, preference shall be given to the bidder having an office or facility in Indian River County. If consideration of such factors does not resolve the tie, the Board shall determine the most responsible bidder based upon any other relevant factors. C. Price Adjustment. Where appropriate, contracts may be awarded with a provision for upward or downward price adjustments, provided such adjustments were part of the bid documents. D. Cancellation after Award. The Board may cancel a bid award at any time prior to execution of the contract by all parties, including the County. 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS A. Bid Package Preparation. 1. For In -House Projects. For projects managed in-house, the Originating Department shall provide all necessary specifications to the Purchasing Division for inclusion in a bid package. A sample contract shall be included in the bid documents if provided by the Originating Department. A complete packet of all bid documents including the original specifications and standardized terms and conditions shall be provided by the Originating Department to the County Attorney for approval. A copy of the bid documents 16 78 indicating approval by the County Attorney 'shall be forwarded to the Purchasing Division for final review. 2. For Consultant Managed Projects. For projects managed by a consultant, it is the Originating Department's responsibility to ensure that the Purchasing Division's standard language is included in the bid documents prepared by the consultant, and that the bid documents have the approval of the County Attorney's Office. The consultant shall provide the Purchasing Division with a copy of the specifications and bid documents. A copy of the bid documents indicating approval by the County Attorney shall be forwarded to the Purchasing Division for final review. Public Notice. Bids for a construction or public works project that is projected to cost more than the threshold amounts set forth in Florida Statute 255.0525(2), currently $200,000, shall be advertised in accordance with such statute, which generally requires that (a) solicitations for projects in excess of $200,000 be advertised at least once in a newspaper of general circulation in Indian River County at least 21 days prior to the bid opening date, and at least 5 days prior to any scheduled pre-bid conference, and (b) solicitations for projects in excess of $500,000 be advertised at least once in a newspaper of general circulation in Indian River County at least 30 days prior to the bid opening date, and at least 5 days prior to any scheduled pre-bid conference. B. Recommendation for Award. 1. For In -House Projects. It is the Purchasing Division's responsibility to review the Originating Department's recommendation and prepare an agenda item for submission to the Board. Should the Originating Department prefer to prepare an Agenda Item due to complexity of the bid, the item shall be routed through the Purchasing Division prior to submission to the Board. If a proposed or sample contract is included in the agenda item, the Originating Department is responsible for routing the proposed contract through the office of the County Attorney. The written recommendation should only request permission for the Board Chairman to execute the contract if the proposed or sample contract is included with the agenda item. A contract must be executed by the other party prior to submission to the Board Chairman to sign. If a proposed or sample contract is not included in the agenda item, it shall be the Originating Department's responsibility at a later date, to prepare an agenda item requesting execution by the Board Chairman, to route the agenda item for required approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda item materials and the executed contract shall be provided to the Purchasing Division for its records. 2. For Consultant -Managed Projects. The Originating Department shall be 17 79 responsible for preparation of an agenda item, proper routing for approvals, and presentation to the Board. A complete copy of the agenda item shall be provided to the Purchasing Division for its records. The Purchasing Division may prepare the agenda item at the Originating Department's request, after receipt of a recommendation memo from the Originating Department. The Originating Department is responsible for preparation of a proposed or sample contract and obtaining approval by the office of the County Attorney if it is to be included in the agenda item. The written recommendation in the agenda item shall include a request for authorization for the Board Chairman to execute the contract. If a proposed or sample contract is not included in the agenda item, it shall be the Originating Department's responsibility at a later date, to prepare an agenda item requesting execution by the Board Chairman, to route the agenda item for required approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda item materials and the executed contract shall be provided to the Purchasing Division for its records. C. Notice of Award. Upon Board approval, the Purchasing Division shall send out a notice of award to the successful bidder and request submittal of any required certificate(s) of insurance and bond(s). If a proposed or sample contract was included in the agenda item approved by the Board, the Purchasing Division shall also include two (2) copies of the contract to be executed by the vendor which shall be returned with the appropriate certificate(s) of insurance and bond(s). D. Certificates of Insurance/Bond(s). Upon receipt of certificate(s) of insurance, bond(s), and contracts executed by the contractor, the Purchasing Division shall submit the certificate(s) of insurance to the County Risk Manager for approval and the bond(s) to the County Attorney for approval. After approval of the bond(s), the Purchasing Division or the contractor shall record the bond(s) in the public records, if appropriate, and send copies of the bond(s), certificate(s) of insurance and the original executed contracts to the Originating Department. The Originating Department shall be responsible for proper routing and submission of the contracts for the Board Chairman's signature. E. Notice of Award. Public Construction Bond. 1. Public Construction Bond Required on any Construction Contracts Equal to or in Excess of $100,000. A public construction bond shall be required on any construction or public works contract for a project costing $100,000, or more. Such bond shall be provided by a surety company authorized to do business in the State of Florida. An alternative form of security may be provided in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or other form of security permitted by Florida Statute 255.05(7), in a form acceptable to the County Attorney and the County Budget Director. 18 2. Bond Must be Delivered Prior to Issuing Contract Document. If required, a public construction bond or other form of security shall be delivered to the County prior to execution of the contract. All public construction bonds shall be recorded with the Clerk of the Court by the Purchasing Division or the contractor prior to commencement of the project. F. Executed Contract. The Originating Department shall be responsible for returning a fully executed original contract to the vendor and shall prepare and send a notice to proceed to the contractor when appropriate. A copy of the agreement shall also be provided to the Purchasing Division for the Bid folder. G. Forfeiting of Bonds. Default by Contractor. All contracts for construction services shall contain a clause providing for termination upon default of the contractor and providing that in such cases the surety company shall bear responsibility for the completion of the contract, or if no surety company has provided a performance bond, the County may claim the alternative security and use such funds for the completion of the contract. H. Termination for Convenience. All construction contracts shall contain clauses providing for the termination of the contract for convenience of the County, and shall prescribe methods by which the contractor may calculate the cost of work already performed and termination settlement costs. I. Indemnification. All construction contracts shall provide that the contractor (or other appropriate party) shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extentcaused by the negligence, recklessness, or intentional wrongful misconduct of the contractor (or other appropriate party) and persons employed or utilized by the contractor (or other appropriate party) in the performance of the construction contract. 4.5 WORK ORDERS/AUTHORIZATIONS A. Work Orders/Authorizations for continuing services agreements previously approved by the Board may be executed by the County Administrator, .if within his defined authorization limits and if not prohibited within the agreement. 4.6 CHANGE ORDERS A. Applicability. Modifications may be made to an executed contract, which do not substantially alter.the character of the work contracted, and which do not vary substantially from the original specifications as to constitute a new undertaking. Such changes must be reasonably viewed as being in fulfillment of the original scope of the contract and must be clearly directed to the achievement of a more satisfactory result or to the elimination of work not necessary. 19 81 B. Purchasing Manager Authority. The Purchasing Manager is authorized to approve change orders to contracts executed under the Purchasing Manager's authority, provided the criteria in paragraph A above are met, and the total value of the contract does not exceed $ 25,000. C. County Administrator Authority. The County Administrator is authorized to approve and authorize change orders which fit the criteria in paragraph A, above, where the net modification in the contract amount does not exceed $5,000, unless contract was initially awarded solely under the Purchasing Manager or County Administrator's authority ($50,000 threshold) and the total value of the contract still does not exceed $50,000. D. All other change orders must be formally approved by the Board. E. Change orders shall not be artificially distributed or divided to avoid the requirement to present the approval to the Board. 4.7 DIRECT PURCHASE A. In compliance with F.S. 212.08(6) and FAC Rule 12A-1.094, the County may utilize owner direct purchase of materials for Public Works projects to reduce project cost through the elimination of sales tax. 20 82 5. COMPETITIVE SELECTION — RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to procure any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2. Evaluation Committee. An evaluation committee shall be appointed by the County Administrator. The Evaluation Committee shall be comprised of not less than three and not more than seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The Evaluation Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the Evaluation Committee. If the Evaluation Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a 21 83 BOARD OF COUNTY COMMISSIONERS �1WE* - INDIAN RIVER COUNTY, FLORIDA Z' Purchasing Policies and Procedures * ..,: Manual Updated December 8, 2015 5. COMPETITIVE SELECTION — RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to procure any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2. Evaluation Committee. An evaluation committee shall be appointed by the County Administrator. The Evaluation Committee shall be comprised of not less than three and not more than seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The Evaluation Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the Evaluation Committee. If the Evaluation Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a 21 83 substantial and material change to the proposal, and provided that such revisions do not unfairly affect other proposers. 6. Award of Proposals. The Originating Department shall be responsible for preparing an agenda item submitting the committee's recommendation to the Board for approval. A copy of the agenda item and all supporting documentation shall be provided to the Purchasing Division prior to submission to the Board. The award shall be made to the most responsive and responsible proposer whose proposal is determined to be the most advantageous to the County, based upon the evaluation criteria. 5.2 REQUEST FOR QUALIFICATIONS (RFQ) Certain professional services are required by the Consultants' Competitive Negotiation Act to be procured by the use of a Request for Qualifications (RFQ). An RFQ may also be used to procure professional services not covered by the Consultants' Competitive Negotiation Act. A. RFQ Process. An RFQ is characterized by an invitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation, Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. Except as modified by applicable law or this manual, RFQs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in Section 4. B. Evaluation Criteria. The qualifications of each firm responding to an RFQ subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the Act, including, without limitation, the professional ability of personnel; whether the firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workloads; and the volume of work previously awarded to each firm by the County, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The qualifications of each firm responding to an RFQ which is not subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the RFQ. C. Evaluation Committee. An evaluation committee shall be appointed by the County Administrator. The Evaluation Committee shall be comprised of not Tess than three and not more than seven members. A majority of members shall constitute a quorum. D. Review of Qualifications. The Evaluation Committee shall review the submittals of all firms responding to the RFQ. If the RFQ is subject to the Consultants' Competitive Negotiations Act, the Evaluation Committee shall select at least three firms (short list) for further discussions. E. Non -Public Proceedings of the Evaluation Committee. If the Evaluation Committee 22 84 (a) meets to discuss negotiation strategies, or (b) meets with any firm responding to the RFQ for the purpose of hearing a presentation, discussions and asking questions, or negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. F. Ranking of Firms. The Evaluation Committee, after any discussions with and/or presentations by each short listed firm, shall vote on the final ranking. The ranking of firms shall indicate the Evaluation Committee's determination of the firms that are most highly qualified to perform the required services. G. Ranking Reported to the Board. The Evaluation Committee's ranking of the firms shall be submitted to the Board through the County Administrator by the Originating Department. Upon final ranking and selection by the Board, the Originating Department shall proceed with negotiations; provided, however, that if the estimated value of the services is $25,000 or less, the Purchasing Manager, in consultation with the Originating Department, may determine final ranking and selection, and if the estimated value of the services is $50,000 or Tess, the County Administrator, in consultation with the Originating Department, may determine final ranking and selection, H. Negotiations. The Originating Department shall negotiate with the firms in the order and manner set forth in the Consultants Competitive Negotiation Act, which generally requires that the Originating Department first negotiate with the most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the most qualified firm, and shall commence negotiations with the second most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the second most qualified firm, and shall commence negotiations with the third most qualified firm. If the County is unable to negotiate a satisfactory contract with any of the selected firms, the County may select additional firms responding to the RFQ in the order of their competence and qualification and continue negotiations in the same manner until an agreement is reached. I. Award of Contract. At the conclusion of successful negotiations, a contract, approved by the County Attorney, shall be submitted to the Purchasing Manager (up to $25,000), the County Administrator (up to $50,000) or the Board (up to and in excess of $50,000) for approval. A copy of the executed contract shall be transmitted to the Purchasing Division for the permanent file. 5.3 RANKING OF FIRMS IN RFP AND RFQ PROCESS The ranking of firms in an RFP or RFQ process shall be done in the following manner, unless otherwise specified within the RFP or RFQ: (a) the RFP or RFQ solicitation documents shall list the 23 85 evaluation criteria and assign a maximum number of points available for each criterion. The total maximum number of points available for all criteria shall be 100, (b) each member of the evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria, (c) each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1, and (d) the rankings received by each firm from all committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. The firm receiving the lowest average ranking (ie., closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of the tied firms shall be determined by a comparison of the total number of points received by each firm for all criteria from all committee members. After interviews in an RFQ process (or in an RFP process, if interviews are held), and based upon information learned during the interviews, each committee member may change his or her ranking of firms. The evaluation process shall continue until the evaluation committee declares the rankings final. 24 T BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA OVEjii _ •.i'-' 4 = ,• 1' '- 4 Purchasing Policies and Procedures j-00 ' Manual Updated December 8, 2015 6. SUMMARY OF PROCUREMENT The following is a summary of the above procurement requirements. A. Less than $1,000. Quotes are not required; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements less than $1000. B. From $1,000 to $4,999.99. Three (3) quotes are required in requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $1000 to $4,999.99. C. From $5,000 to $25,000. Three (3) quotes required to be attached to the requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback), permitted; Bid/RFP/RFQ are permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $5000 to $25,000. D. From $25,000 to $50,000. Emergency purchase orders permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are required, unless waived by County Administrator or Board, or required by applicable law. The County Administrator and the Board have authority to approve procurements from $25,000 to $50,000. F. Over $50,000. The Board must approve all procurements; Bid/RFP/RFQ required, unless waived by the Board, if allowed by applicable law. G. Construction Projects Over $100,000. Public construction bond required for construction contracts. 25 87 Tv BOARD OF COUNTY COMMISSIONERS 1VE* INDIAN RIVER COUNTY, FLORIDA `. � 1 !•• - `'�; Purchasing Policies and Procedures LO .. Manual Updated December 8, 2015 7. PROTEST PROCEDURE 7.1 RESOLUTION OF PROTESTS Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. A. Decision. The Purchasing Manager shall promptly investigate the basis of the protest and, after consultation with the Originating Department, the Office of the County Attorney and any other person or entity deemed necessary by the Purchasing Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Purchasing Manager to be directly affected by the decision. The decision shall: 1. State the decision and the basis for the decision, and 2. Set forth the protestor's right to administrative review. B. Administrative Review. If the protestor disagrees with the decision of the Purchasing Manager, the protestor may appeal the decision to the Board. Written notice of such appeal shall be submitted by the protestor to the Purchasing Manager within seven (7) calendar days of receipt of the Purchasing Manager's decision. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid/RFP/RFQ award. C. Stay of Procurements During Protests. In the event of a timely protest, the County shall not award the contract until the administrative appeal is resolved as set forth in paragraphs A and B above, unless the County Administrator or the Board determines that the award must be made without delay in order to protect the substantial interests of the County. 26 88 Z r VER :r loxl- 11 ,-3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Purchasing Policies and Procedures Manual Updated December 8, 2015 8. EXCESS/SURPLUS ASSET DISPOSITION The Purchasing Division shall maintain an electronic list, accessible to all County employees, of excess assets and other items in working condition that may be usable to another department. This list shall be periodically submitted to the Board for approval to declare the assets surplus and to remove the assets from inventory. Once declared surplus by the Board, the Purchasing Division shall transfer or sell the assets through any method consistent with the laws of Florida or applicable County policies. 27 89 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM c2) TO: THROUGH: FROM: SUBJECT: DATE: Joseph A. Baird, County Administrator c Christopher R. Mora, P.E. Public Works Director James D. Gray, Jr. Coastal Engineer CONSENT AGENDA Amendment No. 2 - FDEP Grant Agreement No. 141R2 Sector 3 Dune Repair Project November 30, 2015 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2013/2014 funding to assist in the recovery of the State's beaches following Hurricane Sandy and Tropical Storm Debby. On November 22, 2013, FDEP entered into grant Agreement No. 14IR2 with Indian River County, was revised by change order on September 3, 2014, and amended October 20, 2014. The grant agreement commits state funds for design, permitting, and construction phase services required for the repair of the Sector 3 Beach and Dune Restoration Project constructed between 2010 and 2012. The agreement commits up to $5,400,000 at a cost share ratio of 50% State - 50% Local. The total local share under this agreement is $2,700,000. The Sector 3 Dune Repair Project was completed on March 24, 2015. Currently, the County is conducting permit required post construction monitoring. Amendment No. 2 to FDEP grant Agreement No. 14IR2 effectuates the following: • Extends the grant period to April 30, 2018, • Amends grant Task 3.3 Hurricane Repair Construction by adding specific construction related Deliverables that were not previously identified in Task 3.3 of the original agreement, and • Adds grant Task 4.1 2015 Biological Monitoring and Task 4.2 2015 Physical Monitoring. Amendment No. 2 does not change the total FDEP grant funding available for this project or the State cost share percentage of 50%. F \Public Works\JamesG\141R2 FDEP Grant\Amendment No. 2\agenda item 141R2 FDEP Grant Agreement -- amendment no. 2.docx 90 Page 2 BCC Agenda Item FDEP Grant Agreement 14IR2 —Amendment No. 2 December 8, 2015 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. For FY 15/16, grant match funding is budgeted and available for the Sector 3 Dune Repair Project in the Beach Restoration Fund, Sector 3 Renourishment Post -Sandy Account No.12814472-066510-13014 and Sector 3 Post Construction Monitoring Account No. 12814472-033490-05054. RECOMMENDATION Staff recommends the Board approve Amendment No. 2 to FDEP Grant Agreement No. 14IR2 and authorize the Chairman to sign two (2) copies of the Agreement on behalf of the County. Following Board approval, the County will transmit both partially executed Agreements to the State for final signatures. Upon receipt of the fully executed original Amendment No: 2 - FDEP Grant Agreement 14IR2 from the State, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACHMENT 1. Amendment No. 2- FDEP Grant Agreement 14IR2 (2 original copies) 2. Indian River County Grant Form # 141R2 — A2 APPROVED AGENDA ITEM FOR: December 8, 2015 BY. c • Indian River County Appro Date Administration 1;4/ ph.. I) Budget l 11 ih ( ' 114 irj Legal 11 11 1342.1) Public Works 12".2 -If Eng. Division r JDV 1113141S F•\Public WorksUamesG\14IR2 FDEP Grant\Amendment No. 2\agenda item 14IR2 FDEP Grant Agreement -- amendment no 2.docx 91 ATTACHMENT 1 AMENDMENT No. 2 DEP AGREEMENT No: 14IR2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT THIS AGREEMENT was entered into on the 22°d day of November, 2013, revised by change order on the 3`d of day of September, 2014, and amended the 20th day of October, 2014, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 3900 Commonwealth Boulevard, MS 3601, Tallahassee, Florida 32399, and INDIAN RIVER COUNTY, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is Indian River County Public Works, 1801 27th Street, Vero Beach, Florida 32960, for the project described herein. WHEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to extend the expiration date and revise deliverables in the Grant Work Plan to include an additional time required for the successful completion of permit required monitoring, which will be incorporated by execution of this amendment. Accordingly, the Grant Work Plan is revised as set forth in Attachment A; and WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, in consideration of the mutual benefits to be derived here from, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: • Paragraphs 1 through 44 are hereby deleted in their entirety and replaced with the following: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the project known as the INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT, (hereafter referred to as the PROJECT), as defined in Attachment A (Grant Work Plan), attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on April 30, 2018. Pursuant to Section 161.101 (18), Florida Statutes, and 62B-36.009, Florida Administrative Code, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after November 1, 2012, may be eligible for reimbursement by the DEPARTMENT. 3. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of approximately 6.6 miles of critically eroded shoreline between DEPARTMENT Reference Monuments R20 and R55 in Indian River County. The Sector 3 Beach and Dune Restoration Project was constructed in three (3) separate phases from 2010-2012, placing approximately 550,000 cubic yards of sand in the PROJECT area. In October of 2012, the PROJECT was impacted by Hurricane Sandy. Emergency dune nourishment was constructed in 2014. The life of the PROJECT is defined as ten (10) years following completion of each construction event. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No. 14182, Amendment No. 2, Page 1 of 12 92 4. A. For tasks 2.1, 3.1, 3.2, 3.3A -E, 4.1 and 4.2 as specified in Table 1 in Attachment A, the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall be approved by the DEPARTMENT as to content, deliverables, and schedule prior to incorporating into the approved grant work plan as an amendment or change order to this Agreement pursuant to paragraph 39. B. For task 3.3 F in Table 1 of Attachment A, the LOCAL SPONSOR shall submit detailed Scopes of Work. The DEPARTMENT shall review the Scopes of Work as to content, deliverables, schedule and cost. The LOCAL SPONSOR shall be notified by a written Letter of Authorization from the DEPARTMENT'S Project Manager of approval of the detailed Scope of Work for that specific location. Copies of Letters of Authorization, which includes a copy of the approved detailed Scope of Work, shall be sent to the DEPARTMENT'S Bureau of Finance and Accounting and must accompany each request for reimbursement for that Scope of Work. A Letter of Authorization must be received by the LOCAL SPONSOR prior to initiating any work on a PROJECT task. The total of all Letters of Authorization shall not exceed the total for Task 3.3F in Table 1 of Attachment A. 5. The DEPARTMENT has determined that 100 percent of the non-federal PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $2,700,000 for this PROJECT or up to 50 percent of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. 6. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the Grant Work Plan are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in Attachment A, Table 1, shall be provided through formal amendment to this Agreement. 7. All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any notices between the parties shall be delivered to the contact person at the addresses below: LOCAL SPONSOR James Gray Indian River County Public Works 1801 27`h Street, Vero Beach, Florida 32960 (772) 226-1344 jgrav@irgov.com DEPARTMENT Dena VanLandingham, Grant Administrator Department of Environmental Protection Beach Management Funding Assistance Program 3900 Commonwealth Blvd, MS 3601 Tallahassee, Florida: 32399 (850) 245-2970 Dena.Vanlandingham@dep.state.fl.us DEP Agreement No. 14IR2, Amendment No. 2, Page 2 of 12 93 Any changes to the contact information shown above or in paragraph 8 must be reduced to writing in the form of an email notification. 8. The LOCAL SPONSOR's Project Manager for all matters is James Gray, Phone: (772) 226-1344. The DEPARTMENT'S Project Manager for all technical matters is Catherine Florko, Phone: (850) 245- 2979 and the DEPARTMENT's Grant Administrator for all administrative matters is Dena VanLandingham, Phone: (850) 245-2970. 9. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 10. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 11. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 12. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the DEPARTMENT if Legislative appropriations are reduced or eliminated. 13. Paragraph Reserved. 14. Paragraph Reserved. 15. As consideration for the satisfactory completion of the eligible work identified in Attachment A and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost -reimbursement basis. All requests for reimbursement shall be made in accordance with Attachment B (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5FQuide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment C (Request for Payment, PARTS I —11V), attached hereto and made a part hereof. These forms are to be submitted upon completion of deliverables identified in the approved Grant Work Plan. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) calendar days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant t� Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. The final payment will not be processed until the match requirement has been met. 16. The DEPARTMENT's Project Manager shall have thirty (30) calendar days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. DEP Agreement N�. 14IR2, Amendment No. 2, Page 3 of 12 94 It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and will reset when such information is received as requested by the DEPARTMENT. Upon approval of the request for payment, the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR. Retainage of 10% of the disbursement may be held on account for each deliverable in the disbursement that represents a portion of the complete subtask. The cumulative amount retained for each eligible deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 17. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT'S Project Manager on a quarterly basis, Attachment C (Project Progress Report, Part III), as updates to the project schedule, no later than thirty (30) calendar days following the completion date of the quarterly reporting period in which the PROJECT is underway. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. Progress reports are to be submitted electronically in Word .doc or .pdf. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 18. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment D (Project Completion Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT within sixty (60) calendar days after the PROJECT is certified complete by the LOCAL SPONSOR. 19. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapters 287 and 255, Florida Statutes, as applicable, and Subsection 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state -appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1) The contractor's maintaining an office or place of business within a particular Local j urisdiction; 2) The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or 3) The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. DEP Agreement No. 14IR2, Amendment No. 2, Page 4 of 12 95 B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 20. The applicable provisions of Chapter 161, Florida Statutes, entitled "Dennis L. Jones Beach and Shore Preservation Act", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 22. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days' written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days' written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered pursuant to paragraph 7 as set forth in this Agreement. C. The DEPARTMENT may terminate this Agreement in the event that all tasks identified in Attachment A, Grant Work Plan have been certified complete and approved by the DEPARTMENT, and all eligible reimbursements have been provided to the LOCAL SPONSOR. Prior to termination, the DEPARTMENT shall provide .ten (10) calendar days' written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT to verify that all eligible items have been completed and reimbursed. 23. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall perform the services again as needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the DEPARTMENT'S Project Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL SPONSOR to the DEPARTMENT. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the DEPARTMENT. The CAP shall be sent to the DEPARTMENT's Project Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the DEPARTMENT shall notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement. DEP Agreement No. 14IR2, Amendment No. 2, Page 5 of 12 96 B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP, the LOCAL SPONSOR shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the DEPARTMENT or steps taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the DEPARTMENT as requested by the DEPARTMENT's Project Manager. C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the DEPARTMENT may result in termination of this Agreement. The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. 24. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the DEPARTMENT for unlawful refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes and Section 24(a) of Article I of the State Constitution. 25. A. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date of this Agreement. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The LOCAL SPONSOR understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the DEPARTMENT's Inspector General in any investigation, audit, inspection, review, or hearing. The LOCAL SPONSOR will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Administrator at 850/245-2970, to request a copy of the updated information. DEP Agreement No. 14IR2, Amendment No. 2, Page 6 of 12 97 B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps.fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, Florida Statutes, no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this PROJECT. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. DEP Agreement No. 141R2, Amendment No. 2, Page 7 of 12 98 32. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 33. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 34. A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section 287.134, Florida Statutes, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 35. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. LOCAL SPONSORS are prohibited from commingling funds on either a program - by -program or a PROJECT -by -PROJECT basis. Funds specifically budgeted and/or received for one PROJECT may not be used to support another PROJECT. Where a LOCAL SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each PROJECT it has been awarded. B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. DEP Agreement No. 14IR2, Amendment No. 2, Page 8 of 12 99 36. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) calendar days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes. 1. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the DEPARTMENT for fixed price subcontracted activities shall be. supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT's Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEPARTMENT Project Manager's approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. 3. All subcontracts are subject to the provisions of this Agreement which affect subcontracting activities. B. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity ofthe citizens ofthe State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 37. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation List from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work. 38. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. DEP Agreement No. 141R2, Amendment No. 2, Page 9 of 12 100 39. The DEPARTMENT may at any time, by written order designated to be a change order, make any minor modifications, as described below. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the LOCAL SPONSOR's cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a modification of deliverable due dates when such change does not involve an extension of contract, and modifying the Grant Work Plan when such modifications would not involve a decrease/increase in total cost of the Agreement or an extension of the performance period of this Agreement. 40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control PROJECT, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control PROJECT prior to entering each individual property to conduct such activities. 42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) calendar days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 43. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. DEP Agreement No. 141R2, Amendment No. 2, Page 10 of 12 101 44. State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with s. 287.057(17)(a)(1), Florida Statutes, all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the DEPARTMENT/LOCAL SPONSOR/permittee/consultant. The LOCAL SPONSOR must provide an adequate mitigation plan, consistent with s. 287.057(17Xa)(1), Florida Statutes, including a description of organizational, physical, and electronic barriers to be used by the LOCAL SPONSOR, that addresses conflicts of interest when contracting multi -disciplinary firms for PROJECT engineering and post -construction environmental monitoring services, or when the PROJECT engineering firm subcontracts for post -construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. DEPARTMENT approval of the mitigation plan will be required prior to execution of this Agreement. 45. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER'OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14IR2, Amendment No. 2, Page 11 of 12 102 IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Bob Solari, Chairman By: Department of Environmental Protection . Secretary or designee • Date- Date: FEID No. 59-60000674 Die Local Sponsor's Attorney (if necessary) Department of Environmental Protection Grant Administrator Department of Environmental Protection Project Manager APPROVED as to form and legality: G0. t C artmen of 'ronmental Protection rney *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the Agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (6 pages) Attachment B Contract Payment Requirements (1 page) Attachment C Request for Payment, Parts I - IV (4 pages) Attachment D Project Completion Certification (1 page) Attachment E Special Audit Requirements (5 pages) DEP Agreement No. 14IR2, Amendment No. 2, Page 12 of 12 103 ATTACHMENT A GRANT WORK PLAN Project Title: Indian River County Hurricane Repair Project. Project Location: Indian River County between DEPARTMENT Reference Monuments R20 and R55. Project Background: This PROJECT consist of the restoration and maintenance of approximately 6.6 miles of critically eroded shoreline between DEPARTMENT Reference Monuments R20 and R55 in accordance with DEPARTMENT permit number 0285993 -001 -JC and subsequent modifications. The Sector 3 Beach and Dune Restoration Project was constructed in three (3) separate phases from 2010-2012, placing approximately 550,000 cubic yards of sand in the PROJECT area. In October of 2012, the PROJECT was impacted by Hurricane Sandy. Emergency dune nourishment was conducted jointly under authority granted under the DEPARTMENT Emergency Final Order — OGC No. 12-1641. The repair PROJECT was constructed in 2014. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEPARTMENT permits and the eligible PROJECT task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards technical specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2014) and Processing Plan and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. This plan may be found at http://www.dep.state.fl.us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Estimated Eligible Project Cost Task # Eli Eligible Project Tasks gShare State Cost (%) Federal Estimated Project Costs DEP _ Local Total 2.0 Design and Permitting 2.1 Design of Dune Repairs 50% $38,739.00 $38,739.00 . $77,478.00 Subtotal $38,739.00 $38,739.00 $77,478.00 3.0 Construction 3.1 Emergency Dune Nourishment - Orchid Beach 50% $135,196.50 $135,196.50 $270,393.00 3 2 Emergency DuneNourishment - Wabasso and Golden Sand 50% $37,575.50 $37,575.50 $75,151.00 3.3 Hurricane Repair Construction 50% $2,309,090.00 $2,309,090.00 $4,618,180.00 Subtotal $2,481,862.00 $2,481,862.00 $4,963,724.00 4.0 Monitoring 4.1 2015 Biological Monitoring 50% $145,055.50 $145,055.50 ' $290,111.00 4.2 2015 Physical Monitoring 50% $34,343.50 $34,343.50 P $68,687.00 Subtotal $179,399.00 $179,399.00 $358,798.00 TOTAL PROJECT COSTS $2,700,000.00 $2,700,000.00 $5,400,000.00 DEP Agreement No. 14IR2, Amendment No. 2, Attachment A, Page 1 of 6 104 Changes in PROJECT costs that increase or decrease the total funding amount shall require a formal amendment to the Agreement. Project Description: The deliverables listed below are to be completed by the LOCAL SPONSOR and approved by the DEPARTMENT by the due date listed. TASK 2.0 Design and Permitting Task Description: The LOCAL SPONSOR will acquire the professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications for beach nourishment. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the DEPARTMENT for review and comment. When the LOCAL SPONSOR receives comments from the DEPARTMENT Project Manager verifying that each deliverable meets the specifications in the Grant Work Plan and this task description and affirming that the deliverable is acceptable, payment will be authorized for that deliverable. 2.1 Design of Dune Repairs Coastal Planning and Engineering Inc. has been retained by Indian River County to conduct professional services to assist the LOCAL SPONSOR with timely negotiation of acceptable DEPARTMENT and United States Army Corps of Engineers (USACE) permits for the proposed Dune Repair Project. Specific tasks associated with these efforts include: DEPARTMENT and United States Army Corps of Engineers Permit Negotiations and Data Monitoring Support coordination services through receipt of Agency action. Deliverable A: One electronic submission of the final design report. Total Cost: $11,747 ($5,873.50 — DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. Deliverable B: One electronic submission of 2013 Sector 3 beach profile monitoring surveys from Morgan & Eklund, Inc. Total Cost: $17,050 ($8,525 — DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. Deliverable C: One electronic submission of the pre -application meeting minutes. Total Cost: $5,991 ($2,995.50 — DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. Deliverable D: One electronic submission of the environmental assessment. Total Cost: $7,594 ($3,797 — DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. Deliverable E: One electronic submission of the permit application. Total Cost: $22,598 ($11,299 — DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. Deliverable G: One electronic submission of the final construction plans and specifications. Total Cost: $12,498 ($6,249 DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. DEP Agreement No. 1 4IR2, Amendment No. 2, Attachment A, Page 2 of 6 105 TASK 3.0 Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the PROJECT area. The task includes work associated with eligible beach restoration construction associated with the PROJECT such as those costs approved through bids and construction -phase engineering and monitoring services. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the DEPARTMENT. The Grantee will submit a construction activity package for task work completed during the period. The construction activity package must include: (1) An itemized summary of the materials, labor, or services to identify the nature of the work performed; the amount expended for such work; the name of the person/entity providing the service or performing the work; and proof of payment of the invoices, the period activity was performance; and (2) A certification signed by the Grantee's Project Manager as to the current cost of the PROJECT; that the materials, labor, or services represented by the invoice have been satisfactorily purchased or performed and applied to the PROJECT; that all funds expended to date have been applied toward completing the PROJECT; and (3) A certification signed and sealed by the Engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, received, approved and applied to the PROJECT, as described in the Grant Work Plan, in accordance with construction contract documents; that payment is in accordance with construction contract provisions; and that construction, up to the point of the request, is in compliance with the contract documents; and identifying all additions or deletions to the PROJECT which have altered the PROJECT's performance standards, scope, or purpose since the issuance of the DEPARTMENT construction permit. Performance Standard: The DEPARTMENT's Project Manager will review the construction activity package to verify that work is being performed in accordance with the construction contract documents and specifications in this task description 3.1 Emergency Dune Nourishment- Orchid Beach In coordination with Indian River County, the Town of Orchid Beach awarded a construction contract to the lowest qualified bidder for emergency dune stabilization for the Orchid Beach section of the Sector 3 Project to address damages sustained during Hurricane Sandy. Eligible costs include mobilization, demobilization, beach fill, permit compliance, beach tilling, and native beach -dune vegetation. The Town and the County have an interlocal agreement to provide reimbursement to the Town, who acted on behalf of the county during the emergency situation. Deliverable A: Copy of All Periodic Certified Pay invoices as submitted by Contractor and approved by The Town of Orchid. Total Cost: $270,393 ($135,196.50 — DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. DEP Agreement No. 14182, Amendment No. 2, Attachment A, Page 3 of 6 106 3.2 Emergency Dune Nourishment- Wabasso and Golden Sands Indian River County awarded a construction contract to the lowest qualified bidder for Emergency dune stabilization for the Wabasso and Golden Sand PROJECT to repair damages sustained during Hurricane Sandy. Eligible Costs include mobilization, demobilization, beach fill, permit compliance monitoring, nest relocation, beach tilling, and native beach -dune vegetation. Deliverable A: Copy of All Periodic Certified Pay Invoices as submitted by Contractor and approved by County for the Wabasso repair. Total Cost: $32,865 ($16,432.50 — DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. Deliverable B: Copy of All Periodic Certified Pay Invoices as submitted by Contractor and approved by County for the Golden Sands repair. Total Cost: $42,286 ($21,143 — DEPARTMENT funds). Due Date: January 30, 2017. Task is 100% complete. 3.3 Hurricane Repair Construction Indian River County will proceed with a storm repair PROJECT to replace sand lost during the passage of Hurricane Sandy. The PROJECT will place 154,700 cubic yards landward of the mean high water line. Sand will be truck hauled from an upland sand mine approved in the Joint Coastal Permit 0285993. Authorization for the storm repair is provided in 0285993 -008 -JN for one-time only placement. Deliverable A: Pay surveys for completed winter 2014/2015 Indian River County Hurricane Repair PROJECT construction event. Total Cost: $3,392,263.03. Total Eligible for State Cost Share: $3,237,774 (DEPARTMENT Cost: $1,618,887.00). Due Date: January 31, 2018. Deliverable B: Final Project Report and Certification for the 2014/2015 Indian River County Hurricane Repair PROJECT construction event. (CBI WO No. 7). Total Cost: $57,319 (DEPARTMENT Cost $28,65950). Due Date: January 31, 2018. Deliverable C: Construction period sea turtle monitoring report including pre- and post -construction lighting survey findings, disorientation summary, late season monitoring, total nests observed, total nests relocated, nesting success and hatching success. The work period extended from October 2014 through February 2015. (EAI WO No. 5). Total Cost: $21,376 (DEPARTMENT Cost: $10,688). Due Date: January 31, 2018. Deliverable D: Construction phase, March 2015, sea turtle monitoring nighttime log for the Sector 3 Dune Repair PROJECT as required by DEPARTMENT Joint Coastal Permit 0285993, modification 0285993 -008 -JN for one- time only sand placement. (EAI WO No. 9). Total Cost: $3,725 (DEPARTMENT Cost: $1,862.50). Due Date: January 31, 2018. Deliverable E: Construction phase, March 2015, sea turtle monitoring data in Florida Fish and Wildlife Conservation Commission (FFWCC) format. (EAI WO No. 6). This was additional work required due to leatherback nesting during construction. Total Cost: $13,057.50 (DEPARTMENT Cost: $6,528.75). Due Date: January 31, 2018. DEP Agreement No. 14IR2, Amendment No. 2, Attachment A, Page 4 of 6 107 Deliverable F: Supplemental Services Report, detailing unanticipated construction costs incurred during storm repair. Pending scopes of work included under this task must be approved by Division staff prior to initiation of work per Agreement paragraph 4B. Total Cost: $1,284,928.50 (DEPARTMENT Cost: $642,464.25). Due Date: January 31, 2018. TASK 4.0 Monitoring Task Description: This task includes a monitoring program conducted in accordance with the requirements specified in any and all permits issued by the DEPARTMENT and the US Army Corps of Engineers (USACE). A monitoring plan must be submitted and approved in writing by the DEPARTMENT prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the PROJECT area and with the DEPARTMENT's Regional Coastal Monitoring Program. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the DEPARTMENT for review and comment. When the LOCAL SPONSOR receives comments from the DEPARTMENT Project Manager verifying that each deliverable meets the specifications in the Grant Work Plan and this task description and affirming that the deliverable is acceptable, payment will be authorized for that deliverable. 4.1 2015 Biological Monitoring Biological monitoring will be conducted in accordance with DEPARTMENT Joint Coastal Permit 0285993, modification 0285993 -008 -JN. Beach turtle monitoring, escarpment monitoring, lighting surveys, in water turtle surveys, nearshore hardbottom monitoring, aerial imagery interpretation, ground trothing and habitat mapping and Uniform Mitigation Assessment Method (UMAM) analysis. Deliverable A: One electronic copy of the 2015 Permit required sea turtle monitoring data in FFWCC format. (EAI WO No. 8). Total Cost: $114,902 (DEPARTMENT Cost: $57,451). Due Date: January 31, 2018. Deliverable B: One electronic copy of the 2015 Inwater turtle monitoring report. (EAI WO No. 8). Total Cost: $11,405 (DEPARTMENT Cost: $5,702.50). Due Date: January 31, 2018. Deliverable C: One electronic copy of the 2015 nearshore hardbottom monitoring and mapping report. (EAI WO No. 8). Total Cost: $157,347 (DEPARTMENT Cost: $78,673.50). Due Date: January 31, 2018. Deliverable D: One electronic copy of the 2015 UMAM Analysis report. (EAI WO No. 8). Total Cost: $6,457 (DEPARTMENT Cost: $3,228.50). Due Date: January 31, 2018. 4.2 2015 Physical Monitoring . Physical monitoring will be conducted in accordance with DEPARTMENT Joint Coastal Permit 0285993, modification 0285993 -008 -JN. Deliverable A: 2015 Post Construction Physical Monitoring Survey Data (R30 to R60) in DEPARTMENT format. (Morgan and Eklund WO No. 3). Total Cost: $17,825 (DEPARTMENT Cost: $8,912.50). Due Date: January 31, 2018. DEP Agreement No. 141R2, Amendment No. 2, Attachment A, Page 5 of 6 108 Deliverable B: One electronic copy of the 2015 Post -Construction Physical Monitoring Report. (CBI WO 9 — Tasks 1 through 6). Total Cost: $35,057 (DEPARTMENT Cost: $17,528.50). Due Date: January 31, 2018. Deliverable C: 2015 Rectified Aerials as required by DEPARTMENT Joint Coastal Permit 0285993, modification 0285993 -008 -JN, Special Permit Conditions 53 and 56(c). (CBI WO No. 9). Total Cost: $15,805 (DEPARTMENT Cost: $7,902.50) Due Date: January 31, 2018. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. DEP Agreement No. 14182, Amendment No. 2, Attachment A, Page 6 of 6 109 ATTACHMENT B Florida Department of Environmental Protection DEP 55-219 Contract Payment Requirements Required Signatures: No Signature Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements. (1) Salaries A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable direct property is purchased using State funds, the contract should include a provision for costs the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be charges reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.. (6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate, costs then the calculation should be shown. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference euide.htm . DEP Agreement No. 14IR2, Amendment No. 2, Attachment B, Page 1 of 1 110 ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY REMITTANCE ADDRESS: DEP Agreement Number: 14IR2 Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated $ Less Advance Pay $ Less Previous Payment $ Less Previous Retained $ Less This Payment $ Less This Retainage (10%) $ State Funds Remaining $ Local Funds Obligated $ Less Advance Pay $ Less Previous Credits $ Less This Credit $ Local Funds Remaining $ DEP Agreement No. 14IR2, Amendment No. 2, Attachment C, Page 1 of 5 1' 111 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT— PART 1I Name of Project. Billing Period (1) - Billing Number DEP Agreement Number Person Completing Form & Telephone Number (2): REIMBURSEMENT DETAIL Total Due to Local Sponsor (15) Form Instructions: 1. Billing Period: Should reflect Invoice services performed date. (beginning date - earliest date of services, end date - latest date of services performed). 2. Person responsible for completing this farm: Please identify the person responsible for completing information if clarification is needed. 3 Deliverable 6 Must identify completed deliverable(s) for each invoice. If invoice coven multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable. 4. Invoice Amount 5. Eligible Cost Invoice amount paid by Local Sponsor less ineligible cost for Line hem Deliverable only. 6. %Federal Share: If applicable this should be the percentage fisted in Agreement. Federal Share will be listed on Table I if applicable. 7 Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage. 8. Nm -Federal Share: Eligible Cost (5) minus Federal Share of Invoiced Amount (7). 9 Percentage of Stale Share: This should be the State Share Percentage listed in Agreement. 10. Sate Share: Multiply Nat -Federal Share by State Share Percentage. 11. Local Share: Subtract State Share from Non -Federal Share. 12. Retainage Payment: Requires separate line for each completed Task, Sab-Task and or Deliverable that retainage is being requested. 13. Withheld Retainage: Multiply State Share by 10%. 14. State Payment: Subtract Retainage front State Share. 15. Total Due to Local Sponsor-. Add Retainage Payment Total (12) to State Payment Total (14). Notes: For questions or concerns regarding this form please contact: Janice Simmons - (850)245-2978 or email at JanicetSimmons@dep.state.fl.us DEP Agreement No. 14IR2, Amendment No. 2, Attachment C, Page 2 of 5 Retainage Payment (12) Withheld Retainage (13) State Payment (14) 0.00 0.00 112 q Vendor Name Invoice Number Invoice Date Check Number Deliverable Number (3) Invoice Amount(4) Eligible Cost (5) % Fed Share (6) Federal Share of Invoice Amount (7).• Non -Item Federal Share (8) State Share (9) State Share (10) Local Share (11) - - 50.00 0.00 - Totals - - _ Total Due to Local Sponsor (15) Form Instructions: 1. Billing Period: Should reflect Invoice services performed date. (beginning date - earliest date of services, end date - latest date of services performed). 2. Person responsible for completing this farm: Please identify the person responsible for completing information if clarification is needed. 3 Deliverable 6 Must identify completed deliverable(s) for each invoice. If invoice coven multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable. 4. Invoice Amount 5. Eligible Cost Invoice amount paid by Local Sponsor less ineligible cost for Line hem Deliverable only. 6. %Federal Share: If applicable this should be the percentage fisted in Agreement. Federal Share will be listed on Table I if applicable. 7 Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage. 8. Nm -Federal Share: Eligible Cost (5) minus Federal Share of Invoiced Amount (7). 9 Percentage of Stale Share: This should be the State Share Percentage listed in Agreement. 10. Sate Share: Multiply Nat -Federal Share by State Share Percentage. 11. Local Share: Subtract State Share from Non -Federal Share. 12. Retainage Payment: Requires separate line for each completed Task, Sab-Task and or Deliverable that retainage is being requested. 13. Withheld Retainage: Multiply State Share by 10%. 14. State Payment: Subtract Retainage front State Share. 15. Total Due to Local Sponsor-. Add Retainage Payment Total (12) to State Payment Total (14). Notes: For questions or concerns regarding this form please contact: Janice Simmons - (850)245-2978 or email at JanicetSimmons@dep.state.fl.us DEP Agreement No. 14IR2, Amendment No. 2, Attachment C, Page 2 of 5 Retainage Payment (12) Withheld Retainage (13) State Payment (14) 0.00 0.00 112 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEPARTEMENT Agreement Number: 14IR2 Billing Number: Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 Design of Dune Repairs 3.0 CONSTRUCTION 3.1 Emergency Dune Nourishment — Orchid Beach 3.2 Emergency Dune Nourishment — Wabasso and Golden Sands 3.3 Hurricane Repair Construction DEP Agreement No. 14IR2, Amendment No. 2, Attachment C, Page 3 of 5 113 4.0 MONITORING 4.1 2015 Biological Monitoring 4.2 2015 Physical Monitoring DEP Agreement No. 14IR2, Amendment No. 2, Attachment C, Page 4 of 5 114 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEPARTEMENT Agreement Number: 14IR2 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the grant work plan. I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Date Signature of Project Financial Officer Date DEP Agreement No. 141R2, Amendment No. 2, Attachment C, Page 5 of 5 115 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEPARTEMENT Agreement Number: 141R2 Task Completion ❑(List Task) Project Completion *I hereby certify that the above mentioned PROJECT task has been completed in accordance with the PROJECT Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 14IR2, Amendment No. 2, Attachment D, Page 1 of 1 116 ATTACHMENT E Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENT) Required Signatures: No Signature The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 0M13 Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXI-IIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httn://12.46.245.173/cfda/cfda.html. DEP Agreement No. 14182, Amendment No. 2, Attachment E, Page 1 of 5 117 PART II: STATE FUNDED ATTACHMENT E Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENT) This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit, requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http.//www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE. This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215 97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. 14IR2, Amendment No. 2, Attachment E, Page 2 of 5 ATTACHMENT E Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENT) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditc dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us DEP Agreement No. 14IR2, Amendment No. 2, Attachment E, Page 3 of 5 119 ATTACHMENT E Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENT) B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32990-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSmgleAudit®dep.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor .General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14IR2, Amendment No. 2, Attachment E, Page 4 of 5 120 ATTACHMENT E Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) EXHIBIT -1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Followin Federal Program Number Federal Agency CFDA Number g CFDA Title Funding Amount State Appropriation Category State Appropriation Category Original Agreement General Revenue, Chapter 2013-40, L.O.F., GAA Line Item # 1626 2013-2014 37 003 Beach Management Funding Assistance Program 52,700,000 140126 �. .-. - ed t Federal Program Number - Federal Agency - --------- -- - CFDA -- -e ---'--' .,•, ••.,.................o.....6 n.mc.uukncavm CFDA Title cca WI rcucrai Funding Amount rrugrams: State Appropriation Category State Appropriation Category Original Agreement General Revenue, Chapter 2013-40, L.O.F., GAA Line Item # 1626 2013-2014 37 003 Beach Management Funding Assistance Program 52,700,000 140126 e Reapren State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Revenue, Chapter 2013-40, L.O.F., GAA Line Item # 1626 2013-2014 37 003 Beach Management Funding Assistance Program 52,700,000 140126 Total Award 52,700,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245 173/cfda+cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.corn/fsaa/searchCatalogaspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work Any match required by the recipient is clearly indicated in the Contract DEP Agreement No. 141R2, Amendment No. 2, Attachment E, Page 5 of 5 121 ATTACHMENT 2 GRANT NAME: FDEP Indian River County Hurricane Repair Project AMOUNT OF GRANT: $5 400,000 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: James D. Gray, Jr. TELEPHONE: ext. 1344 GRANT # 14IR2 —A2 1. How long is the grant for? April 30, 2018 Starting Date: November, 2013 YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? X 4. Percentage of match to grant 50.00 5. Grant match amount required $2,700,000 6. Where are the matching funds coming from (i.e. In -Kind Services, Reserve for Contingency)? Funding is available in the Beach Restoration Fund, Sector 3 Renourishment Post -Sandy Account No.12814472-066510- 13014. 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 - Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, traveland operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ ~ '-'3"‘'..:,;.,:',':`` J ` ? .: Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: 122 ATTACHMENT 2 GRANT NAME• FDEP Indian River County Hurricane Repair Project AMOUNT OF GRANT: $5,400,000 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: James D. Gray, Jr. TELEPHONE: ext. 1344 GRANT # 141R2 —A2 1. How long is the grant for? April 30, 2018 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 50.00 5. Grant match amount required $2,700,000 Starting Date: November, 2013 YES NO X X X 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Fundin is available in the Beach Restoration Fund Sector 3 Renourishment Post -Sand Account No.12814472-066510- 13014. 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) No' Acct. Description Position Position Position Position Position 011 12 Regular Salaries Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 012.14 Insurance — Life & Health Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: 1113011.5 123 Grant Amount Other Match Costs Not Covered Match Total First Year $ $$ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 1113011.5 123 Indian River County Interoffice Memorandum Office of Management & Budget Consent Agenda 6c)71 - To: Members of the Boar From: Jason E. Brown Director, Office of Ma Date: December 2, 2015 Subject: Miscellaneous Budget Amendment 006 ounty Commissioners ent & Budget Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The Indian River County Sheriffs Office has had an independent air quality assessment performed at the Sheriffs Administration Building and is requesting funding to implement the improvements recommended in the consultant's report. The attached entry appropriates $100,000 for these improvements from General Fund/Reserve for Contingency. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 006 and Resolution Sheriffs Letter dated October 26, 2015 Summary of Recommended Improvements APP VED AGENDA IT M: t_14 BY: ft.., /Jose ch A. Baird County Administrator FOR: December 8, 2015 Indian River County A.. ved Da e Administrator aI..) a I j Legal Wiiiie�,•'� — l3Budget ° , 2-( / 5 Department IF Risk Management 124 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 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 2015-2016 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 2015-2016 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, Bob Solari Vice Chairman, Joseph E Flescher Commissioner Wesley Davis 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 Bob Solari, Chairman BY APPROVED AS TO FORM AND LEGAL SUF 1 :hY Pe4yCOUNTY ATTORNEY 125 Resolution No 2015 - Budget Office Approval: Jason E. crown, ::udget Direc or Exhibit "A" Budget Amendment: 006 Entry Number Fund/ Dep �rit/Account Name . Account Number Increase Decrease 1. Expense General Fund/Sheriff/Law Enforcement 00160086-099040 $100,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $100,000 Total Expense $100,000 $100,000 126 October 26, 2015 Sheriff Deryl Loar Indian River County Mr. Joseph A. Baird, County Administrator 1801 27` Street Vero Beach, Fl 32960-3365 Re: Air Quality Study/Indian River County Sheriffs Office Dear Mr. Baird: In July, 2015, the Indian River County Sheriffs Office had an independent air quality assessment performed by Amec Foster Wheeler Environment & Infrastructure, Inc., Orlando, Florida. A site visit and testing was conducted and the recommendations of the study are attached. We have also contacted local vendors to obtain estimates to have the suggested recommendations completed; please see attachment. We respectfully request the County approve the attached request so we may begin work immediately to rectify the problems. Sincerely, Deryl Loar, Sheriff DL:It Attachment 4055 415t Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 -••-.••...• •.+..�.., �guaiiy w picvcuut uununig up 01 uusl ano aeons. • Replace stained insulation in AHU at Room 116. Completed by in-house maintenance 127 128 the Florida East Coast (FEC) Railroad and properties east of FEC are zoned CG, General Commercial. Those properties contain a drug store and a former flea market. Figure 1 Aerial image of subject property and surrounding uses Sammartino Property Approximately 1.98 Sammartino Property Approx. 1.98 Acres CH to CG Figure 2 Existing Zoning of Subject Property 2 134 Sammartino Property Approx. 1.98 Acres CG from CH Figure 3 Proposed Zoning of Subject Property Future Land Use Pattern The subject property and all surrounding properties are designated C/I, Commercial/Industrial, on the Comprehensive Plan's Future Land Use Map. The C/I designation permits various commercial and industrial zoning districts, including the subject site's existing CH zoning and the requested CG zoning. Environment The Comprehensive Plan does not designate the subject property as either environmentally important or environmentally sensitive. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. Utilities and Services The site lies within the Urban Service Area of the County. Wastewater service is available to the site from the South County Regional Wastewater Treatment Facility, while potable water service is available to the site from the South County Reverse Osmosis Plant. Transportation System The subject property's west boundary abuts Old Dixie Highway SW and the subject property's north boundary abuts 9th Street SW (Oslo Road). In this area, Old Dixie Highway SW is a two lane 3 135 paved road with between 70 feet and 100 feet of existing public road right-of-way (variable width) and is classified as an Urban Collector on the future roadway thoroughfare plan map. 9th Street SW (Oslo Road) is a four lane road with center turn lane and is classified as an Urban Principal Arterial on the future roadway thoroughfare plan map with between 75 and 100 feet of right-of- way (variable width). According to the county's comprehensive plan, this segment of Old Dixie Highway SW needs a total of 100 feet of ROW for future roadway needs and this section of Oslo Road needs a total of 130 feet of ROW for future roadway needs. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing CH district and the proposed CG district (see Attachment 3). Their respective zoning districts' purpose statements best illustrate the differences between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: CH: Heavy Commercial District. The CH, heavy commercial, district is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. 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. One principal difference between the CH and CG districts that is particularly applicable in this case is that the CH district does not permit grocery stores, variety stores, or the sale of miscellaneous shopping goods, while the CG district allows those uses. ANALYSIS In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include an analysis of the request's: • Impact on public facilities; • Consistency with the county's comprehensive plan; • Compatibility with the surrounding area; and • Potential impact on environmental quality. Impact on Public Facilities The subject property is located within the Urban Service Area, an area deemed suited for urban scale development. Within the Urban Service Area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation (Future Land Use Policy 3.1). The adequate provision of those services is necessary 4 136 to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for a concurrency determination. For rezoning requests, that 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 rezoning district. For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of CG zoned property, the most intense use (according to County LDRs) is 10,000 square feet of retail commercial gross floor area per acre. With CH zoning, the most intense use of a property is 20,000 square feet of general industrial gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be rezoned: ±1.98 2. Existing Land Use Designation: C/I Commercial/Industrial 3. Most Intense Use with Existing Zoning (CH): 39,600 square feet of General Industrial 4. Most Intense Use with Proposed Zoning (CG): 19,800 square feet of Retail Commercial Transportation A Traffic Impact Analysis (TIA) reports the number of daily trips and the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed zoning district, and it assigns peak trip data to the County's thoroughfare roadway network within the project's area of influence. That area of influence is defined in section 910.09(4)(b)3(a) of the County's LDRs as roadway segments that receive eight (8) or more peak season/peak hour/peak direction project trips for two-lane roadways or fifteen (15) or more peak season/peak hour/peak direction project trips for four -lane (or wider) roadways. For this rezoning request, the Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff (see Attachment 4). That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service with the most intense use of the property under the proposed zoning district. Therefore, the transportation concurrency test has been satisfied. Water With the proposed rezoning, the subject property could accommodate 19,800 square feet of retail commercial development. Development on the subject property will be served by the South 5 137 County Reverse Osmosis Plant, which currently has sufficient existing and planned capacity to accommodate the additional demand generated by the proposed rezoning. Wastewater County wastewater service is available to the site from the South County Regional Wastewater Treatment Facility, which currently has sufficient existing and planned capacity to accommodate the additional wastewater generated by the subject request. Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. A review of the solid waste capacity for the active segment of the county landfill as well as planned expansions of the landfill indicates that the county landfill can accommodate the additional solid waste generated by the site under the proposed rezoning. Stormwater Management All developments are reviewed for compliance with county stormwater regulations, which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance. Since the subject property lies within a flood zone "X", the minimum floor elevation level of service standard does not apply. Both the on-site retention and discharge standards, however, do apply. In this case, the stormwater management level of service standard will be met by limiting off-site discharge and maintaining on-site retention of the stormwater runoff associated with the most intense use of the property. Concurrency Summary Based upon the analysis conducted, staff has determined that all concurrency -mandated facilities, including transportation, stormwater management, solid waste, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. As with all development, a more detailed concurrency review will be conducted during the development approval process. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezoning requests must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. In this case, the subject property is designated C/I, Commercial/Industrial, on the Future Land Use Map. Since CG zoning is allowed in the C/I district, the proposed zoning is consistent with the Future Land Use Map. 6 138 Other than the Future Land Use Map, the goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the 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 decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.17 and 1.18. • Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the county's Urban Service Area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation shall permit uses that include retail, office, and service commercial development. Since the subject property is located within the County's Urban Service Area and the requested CG district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable, plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. Compatibility with the Surrounding Area Staff's position is that either the current zoning district or the requested zoning district is appropriate for the site and that development under the requested zoning district will be compatible with surrounding land uses. Generally, sites such as the subject property that front on major roads and are not adjacent to residential areas are appropriate for any one of several different commercial zoning districts, including CL, CG, and CH. Like the subject property, land to the north and south is zoned CH. Land to the east and west is zoned CG. Since CH and CG are both commercial districts, since the requested zoning district is an expansion of the zoning district to the east and west of the subject property, and since this site is separated from other sites by Oslo Road, Old Dixie Highway SW, and the FEC Railroad, no incompatibilities with adjacent properties are anticipated with the rezoning of the subject site from CH to CG. For those reasons, it is staff's position that development of the site under the requested CG district will be compatible with surrounding areas. Potential Impact on Environmental Quality The subject property is an undeveloped site with native and non-native invasive species of vegetation. A 2002 survey of the property identified ±0.81 acres of jurisdictional wetlands on the eastern portion of the parcel adjacent to the FEC railroad right-of-way. County environmental planning staff has determined that the subject wetlands are impacted and have a relatively low 7 139 functional value. Any development impact to the wetlands, under either the current CH zoning or the proposed CG zoning, would be subject to County and SJRWMD permitting and mitigation requirements, with any wetland drainage functional value to be off -set through site development drainage design. Any proposed removal of native trees on the property associated with site development would be subject to county tree protection requirements, including mitigation of any specimen trees removed, as applicable. For those reasons, no adverse environmental impacts are anticipated as a result of rezoning the property from CH to CG. CONCLUSION The requested zoning district is compatible with the surrounding area and is consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for commercial uses, the subject property meets all applicable criteria to be rezoned to CG. 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 this request to rezone the subject property from CH to CG by adopting the attached ordinance. ATTACHMENTS 1. Summary Page 2. Rezoning Application 3. Table of Uses for Commercial Zoning Districts 4. Excerpts from Traffic Impact Analysis 5. Minutes of the Nov. 12, 2015 Planning and Zoning Commission meeting 6. Rezoning ordinance Approved Agenda Item: For:4C83-4 Indian River Co. Approved Date Admin. , 1����/c Legal //V: 12-1-t r Budget alikit p6 Dept. ,4 I zII/,/45- Risk Mgr. F'\Community Development\Rezonings\Sammartino - CH to CG Year 2015\Staff Reports\BCC staff report Dec 8, 2015.docx 8 140 GENERAL Applicant: Location: Acreage: Land Use Designation: Existing Zoning: Requested Zoning: Existing Land Use: SUMMARY PAGE Alfred and Betty Sammartino 950 Old Dixie Highway SW ±1.98 CII, Commercial/Industrial CH, Heavy Commercial District CG, General Commercial District Vacant ADJACENT LAND North: Oslo Road and CH, Heavy Commercial South: CH, Heavy Commercial East: FEC Railroad and CG, General Commercial West: Old Dixie Highway SW and CG, General Commercial INFRASTRUCTURE Wastewater service is available to the site from the South County Regional Wastewater Treatment Facility, while potable water service is available to the site from the South County Reverse Osmosis Plant. ENVIRONMENTAL CONSTRAINTS None / Flood Zone X PUBLIC NOTIFICATION STAFF RECOMMENDATION Approval Figure 2 Existing Zoning of subject property 9 ATTACHMENT 1 141 Planning and Zoning Commission Board of County Commissioners Staff Contact: Bill Schutt BiII Schutt Date Advertised: Oct. 28, 2015 Nov 23, 2015 # of Surrounding Property Owner Notifications: 18 18 Date Notification Mailed: 10/28/15 11/23/15 Date Sign Posted: 10/28/15 11/23/15 STAFF RECOMMENDATION Approval Figure 2 Existing Zoning of subject property 9 ATTACHMENT 1 141 APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include 'a11 required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - ,7 0080 5-&Z y.'7 — 75-441 S: / Current Owner Applicant(Contract Purchaser). Agent Name: Alfred and Betty Samniartino Hanlex Oslo, LLC Hanlex Oslo, LLC Complete Mailing Address: 51 Cache .Cay•Dr Vero Beach,F1'32963• 1000 Color PI Apopka, FL 327.03 1000 Color PI Apopka, FL 32703 Phone #: (including area code) 407=889-4154 407-889-4154 Fax: (including area code) 407-430-035.1 407-430-0351 E -Mail. • jbullard@hanlex.com jbullard@hanlex.com Contact Person• /i Jason Bullard MBA, P.E. Jason Bullard MBA, P.E. Signature of Owner or A:e %fs' i- - -_ 7 ,; 4 ;� , A.Ti'•F. SAMMARTTNO RFTTY SAMMARTTNO v1 r1 Site Address: 950 Old Dixie Highway.SW Property Information Vero Beach, FL 32962 .-W 5c' L -j( 4.19 r.1- Site Tax Parcel I.D. fls: 33-40-30-00000-3000-00012.0 "/ ,5ec _C-Ci1.'h,:4, A Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: CH- Heavy Commercial Existing Land Use Designation: Commercial Requested Zoning District:CG - Commercial General Total (gross) Acreage of Parcel: 3.44 acres Acreage (net) to be Rezoned: i -q 8 Existing Use on Site: Vacant Land Proposed Use on Site: 9,100 sq ft Commercial Retail Store Attachment 2 142 THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE-APPLICATION CONFERENCE WITFI 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 ofthe items. Indicate."N/A" if an item is not applicable. ITEMS Applican't's Checklist Staff.Checklist 1. Fee: :-;—. +ts: ~ , MINS Property Siie g • �mm" - Less than 5 Acres $1,550.00 - 5 to 40 Acres $2,00(100 - 4) to 100 Acres .$2,300.00 - More than 100 Acres $2,500:00* * 8125.00 for each additional 25 acres over 100.acres uc 2. Completed Rezoning_ Application Form (front page) 3. Letter of Authorization from Current Owners) OR Current Owner is.Applicant 4. Verified statement (separate letter) naming every individual or entity having legal or equitable ownership in the-property. 5. One (1) .Copy of the current. Owner's 'Deed 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership ofthe_property. 7 One (1) SEALED boundary survey of the area to be rezoned. The boundary survey. shall include, but not be limited to the following: o a legal description of the land to be rezoned o the size of the land to be rezoned o the public road right-of-way width of adjacent roads; and o a north arrow 8. Electronic version (MS Word is preferable) ofthe legal description 9. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate, including traffic study, ifapplicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 F \Community Development\Users\VICKIF\FORMS\rezoningrequcsltonn.doc Section 911.10. - Commercial districts. (1) Purpose and intent. The commercial districts are established to implement the Indian River County Comprehensive Plan policies for commercial development. These districts are intended to permit the development of commercial property to provide an efficient use of land and public infrastructure, promote the economic well being of the county, protect the natural resources and beauty of the county and ensure commercial development compatible with existing and proposed development. In order to achieve this purpose, these districts shall regulate the size, scope, and location of commercial uses and provide standards to ensure development compatible with the built and natural environment. (2) Districts. The following districts are established to implement the provisions of this chapter: (a) PRO. Professional office district. The PRO, professional office district, is designed to encourage the development of vacant land and the redevelopment of blighted or declining residential areas along major thoroughfares in selected areas of the county The selected areas will be deemed as no longer appropriate for strictly single-family use but which are not considered appropriate for a broad range of commercial uses, as permitted in a commercial zoning district. The PRO district may serve as a buffer between commercial and residential uses or be established in areas in transition from single-family to more intensive land uses. The PRO district shall be limited in size so as not to create or significantly extend strip commercial development. In order to further encourage redevelopment, any legally nonconforming structure may continue to be utilized, and its use may be changed from one nonconforming or conforming use category to another use category permitted in the PRO district, provided the change of use of the legally nonconforming structure receives site plan approval, or any other necessary approvals. (b) OCR: Office, commercial, residential district. The OCR, office, commercial, residential district, is intended to provide areas for the 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 ensuring the separation of potentially incompatible activities, such as intense commercial uses, from established residential areas. (c) MED: Medical district. The MED, medical district, is intended to provide a variety of uses which support a major medical facility, and to protect such major medical facility from encroachment by land uses which may have an adverse effect on the operation and potential expansion of the facility. Land uses that could cause an adverse effect would generally include those uses that are likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, amount of traffic generated, or other physical manifestations. (d) CN. Neighborhood commercial district. The CN, neighborhood commercial district, is intended to provide areas for the development of highly restricted commercial activities to serve primarily the residents of the immediate area. The CN district is further intended to limit the intensity of commercial activities in order to ensure compatibility with nearby residential uses. (e) CL. Limited commercial district. The CL, limited commercial district, is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. (f) 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 CH. Heavy commercial district. The CH, heavy commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary Attachment 3 Page 1 (g) 144 for the development of commercial and industrial uses allowed within other nonresidential zoning districts. (3) Relationship with land use map. The commercial districts may be established in the following land use designations. yee.. •�L i.b'. 6 hl r `� -f..- .•," 'W %�•Stiz-"" Q�j ..� ; r� _�.� �, Cornmercia) e.A( '�'+7^ �:.-4-, i 8 1 L Sr" K �R3 `i,y'Sr+"Fi.OU'�. t" ", v„i '� `..g.:•• •``. X.- 4 . LandfUse-Designation - �' . yr s i� r -41. ? x s e s.y .�F•S ' r "`c ( R„• nt` �vt i r -� L'. 1 1 3. .^ 1 . ?e,..6b,``fw�' .,n.+>b.i.G : a�:y�. ..x. = Dis riot A, . Y . y ' ` `c° /���yy,�' . , , 3, .. k' • :. '4" •r b$ q�T' 1 y� UB .� .. ` i, . �- P YJ ;i3! % � Y RC "4`. v a PRO' X - - OCR X - - MED X - - CN2 - - - CL X X - CG X X X CH X X - C/I - 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. 2CN 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. Page 2 145 ....Y. � r S •, + •r - F 'l..... if: . ,� v-, f` "� Y£� $ �`• .5'y,'n+ :C^-'ti'�.�R'1.1 'fi=° ''+, iGY :'i t� - p y'.. .r a ;?istY: /�i ++.Y" spm,.; .-.' ..� y 1 ;r; �� District t� i �Y, k 5 �s.A'+(� f a 4 434 .•• ! �]II�'�'�`L,7. Y a iti :� _ , . e 1 y j'S:4y si .es 471,04- ..%t}'3w.'!AC-5' r7: .. �„ .Ata ..9` r i �� �F3 a" k�� t. � � 's' s� '} t 1J� »`` � x -, K.ttC tt g _.a • • PR ��+,,���„ +3 s.- =OCR �"tJ` f: :cpm 'E;.,>„.v.,`_ '� �. - `nF .MED CN ; CL' k �s t y1'. j y n `_'tel i',s !'yam' x �•L i,i .,. .: .x CG .'CH;R +!s ��� t FVC" )• 1= . .,�^ 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 Commercial fishery - - - - - A P Commercial Construction General building contractors/special trade contractors/construction yards4 Finance, Insurance, Real Estate, Legal Services Banks and credit institutions - P - P P P - Small-scale banks and credit institutions A P - P P P P Security and commodity brokers P P - P P P - Insurance agents, brokers and service P P - P P P - Page 3 146 .# -' r1 ; -e `y �-',�G _ s � ,yr•7�jR.yP �'�`�- Ft� yp , '}ti.�rvY isC '.' Td a .£�t%R.}Y' 5 .rte �1� f F. F : � _ {�y.5�.!tUP�,±�i.� M j•�$ i .M:Sy �1,'S '•i �+l t�'15+ �, ). j,�.t}Qy 1�_ ^�i+ Z%r •1 District •a t �')P � iT S. �S%'�'�''+ 1 ,. �� � f. ' : n .3. -• fj 4 ` F' T {}a � >x• .. = }- 1- .s 2 _ iy� £ �& 'vit - C s.� ;, �'. y ' 1.t7 T$ '6j -E i !' `�I.y'. d „. # . „r u rr •` ; s �'... ,. •' iF'� •.... PRO.OCR ' q y�+.3 Ft iC t •�.f '7 P _ 'Y 'MED C r+J**;yMy`�,f-: - _S A X�', .t i� r t7;`' ,t`"tCN = „ .� 2 .; u F,, 'V, .. ;' } Jv r t: 2 • F' t ` ^ ,:�'�i F. $rCH'4 z{y, ►s 14' Automatic teller machines - P P P P P - Real Estate P P - P P P - Holding and other investment offices P P - P P P - Legal 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 (excluding drycleaners) - - - 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 - I Beauty shops - A - P P P - Page 4 147 ? rLri"sJ •,'3c�-^ ..h'ySS w it arl- ._ A' %k0, AS N''..s} i A' `YYi. .-r!'p'..- h `41fi11-, S strict, W nl i...cmaamk✓ ..01:4'1:-,..,. 5ce{ 3. M _+< 1 i A5i4:7(AV:'S • ' .�t„,- , -^ g. . `{ `_ a r .x w t t �e a�,sy'? .ysi i 'y'�. , K T y � t, i tl 4t sy 'C" :2` k, 'aay`ys .'..YV{"". lia. .5r. ^6t' ,.5-, ,_ ?tw PRO $x, FOCR MERE �4 CN�”' ' C f y`• .w <. i�� x �)i �£e..y.." '.1. 5 32tlP1'. }i'3i:°4-."h s v .. x e CG°$ r CFI' - y,.�...ry ^ t,��c 3s%._.ti�k•.-7I,r. Barbershops - 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 stenographic services - P - - P P P Equipment rental and leasing - - - - P P P Employment agencies P P - - P P P Help supply services - - - - - P P Computer and data processing P P - - P P P Bail bondsman - - - - P P P General and professional office P P - P P P - Auto Repair, Services and Parking Automotive rentals - - - - - P P Page 5 148 v , r xyy4,,S it ,r : A� ��llfL Yx � `��y..X.-.. - d A J.a' tom J J !C �. `'.e ��„ !� •4., " " [� h,LL.E.��`l 1 • 4.tac L ?TT ^:., •s e 'G Rnk • i ,t, L'+ �yyt .` "'�,zDistrictf� 4 S S CR 'h�F� ; D '7 2(a $ ., I ��C<� h - J ,l�+z fS 'i f 7� '`T,yKyT.K €'' '3y.. +'` :, ,y;4s z„_ 3 *'�+[ . • 3v TR , Y�F 5' 'F i�. .,. :4i P a PRO`' Vii'., A. -. S'_. OCR 7y "� MED 9 iCJr. - sPY,.I .L n CN0-' yr �'.!-.4.,A' c �"t'M CL , �-n.,"$f .•�j.' a.' CG'',..,4.GHl' ,• • :l , 'r�` r �{`4 ins. % r5 e.. -y�' i+ h+ ' ..5) # � Agi - _ ,. - - - - P P Automobile parking and storage Body and paint shops - - - - - - P General automotive repair - - - - - P P Carwashes - - - - P P P Automotive fluid sales and services (other than gasoline) - - - - A P P Miscellaneous Repair Electrical repair I - - - - P P P Watch, clock, jewelry - - - - P P P Reupholsters and furniture - - - - - - P i Welding - - - - - - P i Motion Pictures Production and distribution services - - - - - P P Motion picture theaters I - - - - P P - Drive in theaters (unenclosed commercial amusement) 5 Video tape rentals - - - P P P - Amusement and Recreation Dance studios, school and halls, gyms - - - - P P P Page 6 149 Ki. R 'a J . 4, ' <"e.,y d is .F1•' x ! f m,�.`.a C Sy a vx:. } . /�, •-s+y"Y .rn�~yy,.}� s-t •j.iL ?w..,iki, .!: X[ a '� [' -J - - µ q 3r! --�.-tig le' ..i `[� $ai: �'t C{ia-`�C'." �' y: -..::r�.. � ,DisMct : . ._ S *' 1• ��qy�•-, A: }>+. 8s- a.a: S�i3Lr'� }' S. Y.11,5-%-,111,:t4'G" �.,�i~i , v .fit, ''�' :. .1 'Ki. i�Ayb`•4 PRO ` r_ "'. OCR ,.- as A+'- FAO At;�;�:iy sjx'k^ y w "'CLCG�1«: -i ��l : 71@ .. _;:.:4 ♦ ° ' d�`,lr �' 4 .K �c+.R yt } i s.4, eL ,4{' Y , - ,Ft - r. -. ,., T n i. ,..�?r t. � Theatrical production including music - - - - P P - Enclosed commercial amusements - - - - P P P Unenclosed commercial amusements except miniature golf courses and driving ranges - - - - - - 5 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 Page 7 150 ' 44 f c., m > r to c Si, � t�t 74' g. t t �' .4 ��ht ya m ci t� �jEd� art } ss. �)� S� s d��tr. *n Yak '...`- .F'W LDj 4'c. � • .."'� •r` ,i ifa'+gF:'s}t- "=fR� ,,-l.1yG f,j'"i"[ �'- ��"'�'PRO=-.00R'MED ryi� r Y Rr *s" .g-i„%... '� 1. ,a nk" �. , r' `� 4 ems": '?}' ^r' ' .c !.6 # C �. _1 � t >} y„ e-a 4�- CG 2 -� 5 a� � � •t`1 Durable goods (not including demolition debris site, junkyards, recycling center) - - P Nondurable goods - - - - - - P Recycling center (including vegetation - debris mulching) - - - - - A Retail Trade Convenience stores - - - P P P P Building materials and garden supplies - - - - - A P Paint, glass and wallpaper stores - - - - P P P Hardware stores - - - - P P P Retail nurseries and garden supplies - - - - 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 Page 8 151 a �����. r sggyy tY .,.^�i ;g, ��*`tte�a��tt 3'�, -�.. �'�'• ..,.F�fi:' - sC .,„w rt#kdv.' %�+§ }� F �.. .'�i4!`} . - or, ..ids �c4,.. g, ... J t4 'x si : �.<1,7tIii{„1 eja�' h� �.• •+"z' •�S'" - K. L. MED K�{.�. ..ayFx'�. +.. xi#�Je #4e^9�.., �_�, � , fr k ^4'.�3.^ ps''3,y�r'nt`i`- Oma' Z. :CG= w .aL'�. � :k l ' N .... :.a f-- ':' �; •. PR�S &f .,1 , CR 'I_.ice ;e. Y• f y�- CHS r _,C , , f 'ra:2 { ., Ts"'!;° I\2 , 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 P P - 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 - - - - - A A Motorcycle dealers - - - - - P P Automotive fuel sales - - - A A P P Commercial marina I - - - - - A P Page 9 152 . ti P,a�n z, iry v r" . s�c`L � '�' .» fa �`.G.'z ' �(,L a r.. t - t t } ,Y -" 4 "i ff.n *., {�!f . �i L -. isT ._- jl . N: i. r a c�-�E � '.H'•W+, , • o"�� p _ a �5� y im. dt t . �.. `.: ' - •.'. ;ar - �- District District ..� IV- n�J�,�� , 5,. • rid r ".-'Si': �' ^A�` �, k -- ?aY.w .( y=.y`Xf}y��,'+f $ .. - t litrs�=L' Ski. • 'C%4'z K �� x �• a .4. ,. r ''",r,ht�` t r>4':s •f . w AT, • a S` -,,,,. •-• s i... � : 3; —et., �PROe' O,CR' r.9 /�d rtr •_ 4 h .‘,1,,;... t .. .� MED t - y t air . .5-. ' t tsr CCN r :n ,--i...: k+t�aD+!. +Y.�'.i+'rt�` 4.;:C 35.0, , CG =i. `+ L = re CHS ;;s7 •' ' 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 Small-scale home furnishings showrooms- (excluding furniture and major appliances) 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 - 1 - - - S P P Bottle clubs - - - - - S A Miscellaneous Retail Drug stores - - P A P P - Liquor stores - - - P P P - Miscellaneous shopping goods - - - - P P - Page 10 153 .P, c. S y =; ..? '1_1'31~,'"74-0- . a�' to ••>� ,'. .' •;y - , r . n w 6 ,� �, h"p �"' "J,�$ # - y,..1��,sz� 5 < 4 � Y ' e a� : t. .r7� �'tr �:-;r <Ss R' i-,-. Yom. a} ..41`,. v. , ' z: District .a- o++Sjrc .°'�.� jyr r y' ' �'....;. E' ,� ;a'' ti } .4 ''i , ��_. cA% ,.,cr . _ 7 ! ?�- _ 4.� a,t , ��_ `>••�y�,. N Cl �:M"�- y{"7.` CG', , ��L ti s v y a'•"}... y T 9 •ED`' • • - - P P P P - Florists News stands - - P P P P - Sporting goods - - - - P P - Optical goods - - P P P P - Gift stores - - P P P P - Book 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 vegetable packing houses - - - - - A A Fruit and vegetable juice extraction - - - - - - A Community Services Educational Services Educational centers including primary and- secondary schools A A A A A - Colleges and universities - A A - A A - I Libraries A A A A P P - I Vocational, technical and business 1 - 1 P P P P P - Page 11 154 r -f ` W- f-4- Y Ar.,. y..y k S �� .' }� •; � ��g^^ _. f'3Fl s` 4 Dist�ict v - t_ ° : ' 7X�'k-�E< * im ,s <. C'r7' Yr�:�� -�. • n.3 li? CHr <: s• - c•41. - Y� .,. +r3ii -.444 4 V�f y':T' l>S^ • ., 4. ` 7z �r �, " � y i,'s'p, �,?c X _4. .:S�Y,ck�.Ar rR4 o T 5 ; t2'- T" < `"'k'S �a 4J�c .ttt'f .�:YrtG�. `�<, 4`1�F.�i�G#, .'S+S. 7" - T PRO isry 'u r. . 'S'S --!ii Y "OCR r ...b 3y't. L, MED"' ylei''ari�lI %�`i _e 'li'?11. pl. 'O \ i+ 4 j CL r. i to IA,* Institutional 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 - Civic and social membership organizations - - A- P P - Public Administration Government administrative buildings A P A P P P - Courts - - - - P P - Emergency services P P P P P P P Industrial 1 Printing and publishing - - - - - - P Page 12 155 °C) tl Cy %'�til irk 'i.Y�., -` IcNA.T{Z d :kJ: "thsw,,'• PRO'' j • 1" fOER f 'l '., iKs }..c..... �f..s diTo=# VA MED a District D tr �F4�"�� t Mg 'CN etf •k •e , CL ..A.1`1'- C A .r LS.LA. +AfP �•, CG 4 �x Yi ,.�C�Hi v. :C3A1.Ti9'.1 `4' E"'63F - { w+ '(t T � ' ' � �`. :. .- Wt. • �'« , .. ter. - - _ - - - - P Machine shops Chemicals and Plastics Rubber and plastic footwear - - - - - - P Hose, belts, gaskets packing - - - - - - P Assembly production (not including manufacturing) - - - P Transportation and communication Railroad/Bus Transportation Services Local and suburban transit - - - - - P P Trucking and courier services - - - - - - P Commercial warehousing and storage - - - - - - P Moving and storage - - - - - - P Trucking terminals - - - - - - P Self-service storage facilities - - - - S A P Outdoor storage - - - - - - A Vehicle storage lot (paved/unpaved)3 - - - - - - P Post Office P P P P P P P Water transport services - - - - - - P Page 13 156 ...„4,^, '... ;' ik. J ' t� K.. ' Hp .: Y �• .•"G'? i��Cli t 4 � 'x. ..;•„ "`�i 'A � � asp ' Y � 7 J # i i � r 1 d`p,�}y.;}�c gpy S,�a`: a rr �7. k w. E.-, ' , 41 —4i #` i•, `r'=• i� r x4. �. 5� •. :I.:, 1 .5..0.-.J-.!:,„ K 31a'� ^ 'k+. , ..i "i�o :: it 'i .W. � v.': f` < s ,, » , ` ;y x _'PRO_ OCR MED • { CN S ,e, GS �` CHS S a.. t-i r: =:.� ._.r_Se�• ..i'• 4 fl ,:i .. Z fxt i IS . ii .. i'� •„; 4« -.'a.�.r...%, A. Air transport services - - - - - - P Pipelines - - - - - - P Heliport/helipad - - 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-wireless facilities)4 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 Commercial Up to 70 feet: Page 14 157 '.J�ai 3 t Jt 1� 11I_g `S S t.*` S +ast�'RfK. �' � M a4-', .,`. 5 r :t:f.�� �Y 3 a - �' p• .'{�'4i3..-L .'10 �yh `• +� `p,_• yt,.el-4e%7 a.,{ `r' !, ANT lam. i t `T "F ^l- {a -.� '- ,.ssi 3 ' •�4 . d�., a�fi .. t .. ♦T J �-{' 1,, 'P.' 4-- ' f14'16 .r 1•-t'1 CH .%r f� PRO. � iT ''� t OCR i, e:�*'i MED �S" tv' cod CN't= ' �fi:•'.:t __ • h -`t• 1 a r. f <<` r ' t :.S o-�'' . -� -;�. - ,;. tMY E %�Y •'.{.zt.jy�'.�,..-.' �. P P P P P P P Camouflaged Non -camouflaged P P P 1 P P P P 70 feet to 150 feet: Camouflaged A A A A A A A Monopole (minimum of 2 users) A A A A A A A ' Not camouflaged and not monopole 5 S S S 5 S S Over 150 feet: All tower types (see 971.44(1) for special 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 i P P A A A A - Accessory housing (watchman) - - - - - - P P = Permitted use A = Administrative permit use Page 15 158 S = Special exception use 1 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' 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). ' Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: •AII 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. 5 For wireless commercial facilities regulations, see subsection 971 44(5), Section 4 use table. (5) Accessory uses and structures as provided in Chapter 917. (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. � h,V ?. }.Vd ft`v' 'i , ,R l y. i. -�{ �' C.E. � .. s .` �� r y, +� . y� ". 4 j " .' SAN Mrd .District � ''.� ` � ' E r. 4 'i` a y} Y+•< ii•-•-- ��i. 3. ' t f r 1 t e 'y �--•' DYl L - G x4111 r fir. .;p.. �` p'. 1 ,,.T[i' ., ° p -tl �: • : 1,4 �Rh T 3: '" D � =h lS �l '"t..• ..4w � "CN� dYi ': -.e 1hCL '� r ' CCG`" C¢lC'.�'. tl.1 GH°- i .r9 ... 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. R^1.� iw .J,�� 't�^� ;�':�Jtt+ a'•�.s`��`w_:". yr0,,,,, ed :+'V�. 7.,�•'� - .i 0. :�,`�'i� ” ti: r� . tk3 ..2 iP . 4 - X3� �P 'O ywe> '3 '.1 k 10,000 J+��,.c •• OCR �f:Y.z •N: 4 10,000 MED,„..x.,,;,.-7...a. t4' T 20,000 .:N:?t=..iL'., CCL�>, .. A� e . 20,000 -� "�A; F" _ flue+ 10,000 �.',`+ CC• 10,000 ay..5ic yL.4 2'� 3'' a• e• tt%'.• 10,000 Min. Lot Size sq. ft. Page 16 159 ,� -.� .� ate., Ft' �. .ti d3 t'a. 4,N,' � :,..v.s,CR ��iPRO q_ S i ' ;:',.;., . 100 t dC- 4. 100 *MED AVM t •. 100 ?a� CN . Yom::, f • 4,-14."t 100 ' CLQ' Mee �. - 100 ' CG. YF LjH ' 41• 100 100 Min. Lot Width ft. 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. Building Coverage 35 40 40 40 40 40 40/50* Min. Open Space % 35 35 30 1 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 *Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent. Page 17 160 (8) Required buffer yards: =YC i� 1 t t) .,f A't' ';c y A ouingUs'ex .i4 W.'F p. .�.i._ Ttr�t�+ 4 t .sy,Atl.-4, -, :-1.. Multi -Family Buffer Type • ..y t +}7 f 2F*441v.6. 7 'tt- -�'t.f District Single -Family Buffer Type PRO C - 6 ft. Opaque C - 3 ft. Opaque OCR C - 6 ft. Opaque C - 3 ft. Opaque MED C - 6 ft. Opaque C - 3 ft. Opaque CN B - 6 ft. Opaque C - 6 ft. Opaque CL B - 6 ft. Opaque C - 6 ft. Opaque CG B - 6 ft. Opaque C - 6 ft. Opaque CH B - 6 ft. Opaque B - 6 ft. Opaque 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. (a) PRO—Professional office district. 1. Location and land use a. The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or commercial on the future land use map. b The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan 2. District size. The PRO district shall have a minimum district size of five (5) acres and a maximum district size of twenty-five (25) acres. The PRO district may be reduced to two and one-half (2'/2) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria: Page 18 II 161 a. The parcel(s) abuts a commercial node or corridor; and b The parcel(s) is located within a substantially developed area; and c. The parcel(s) is located in an area dominated by nonresidential uses. 3 District depth. The PRO district shall have a maximum district depth of three hundred (300) feet, measured from the adjacent collector and/or arterial roadway. The maximum depth may exceed three hundred (300) feet for platted Tots of record where the majority of the lot is within three hundred (300) feet of the collector on arterial roadway. (b) CN -Neighborhood commercial district. 1 Land use and location. The CN, neighborhood commercial, district has been established on various sites throughout the county that are designated AG -1, AG -2, AG -3, R, .L -I, L-2, M-1 or M-2 on the future land use map. No new CN neighborhood commercial districts shall be established, and no existing CN district shall be expanded. 2. Allowable uses. Uses allowed within a neighborhood node shall be those uses allowed within the neighborhood commercial (CN) zoning district. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 6, 8, 2-27-91; Ord. No. 91-48, §§ 20, 22, 23, 12-4-91; Ord. No. 92-11, §§ 3, 14, 24, 4-22-92; Ord. No. 92-39, § 8, 9-29-92; Ord. No. 93-8 §§ 13, 18, 3-18-93; Ord. No. 93-29, §§ 5D, 11C, 9-7-93; Ord. No. 94-1, § 2E, 1-5-94; Ord. No. 94- 25, §§ 1, 13, 8-31-94; Ord. No. 96-24, § 6, 12-17-96; Ord. No. 97-16, § 3(5), 5-6-97; Ord. No. 97-21, § 4(A), 7-15-97; Ord. No. 97-29, §§ 2(A), 6, 12, 12-16-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 99-13, § 7A, 5-5-99; Ord. No. 2000-039, § 1, 11-21-00; Ord. No. 2002-016, § 1E, 4-2- 02; Ord. No. 2002-031, § 1E, 11-12-02; Ord. No. 2003-004, § 1, 2-4-03; Ord. No. 2010-017, § 1, 10-5-10; Ord. No. 2012-016, §§ 4, 7E, 8, 9, 7-10-12; Ord. No. 2015-005, § 1, 6-2-15) Page 19 1' 162 Bill Schutt From: Jeanne Bresett Sent: Tuesday, October 20, 2015 2:27 PM To: Bill Schutt Cc: Stan Boling; Sasan Rohani; John McCoy; Chris Mora; Maya Miller Subject: Oslo Road Rezoning Project - Southeast corner of Old Dixie Hwy & Oslo Road Bill: Traffic Engineering staff reviewed and approved the subject traffic impact study. Based on results of the study, no offsite improvements were identified. Jeanne Bresett, Traffic Analyst Indian River County Public Works Department Traffic Engineering Division 1801 27th Street Vero Beach, FL 32960 (772) 226-1326 (772) 778-9391 (fax) Email: ibresett(@,ircgov.com From: Jeanne Bresett Sent: Monday, October 19, 2015 10:45 AM To: Bill Schutt <bschutt@ircgov.com> Cc: Stan Boling <sboling@ircgov.com>; Sasan Rohani <srohani@ircgov.com>; John McCoy <jmccoy@ircgov.com> Subject: RE: Can Sammartino traffic impact study be reviewed/approved by Wednesday morning? Traffic Engineering staff can review the study, although the review may not result in approval. I can let you know by late tomorrow. Thanks. Jeanne From: Bill Schutt Sent: Monday, October 19, 2015 10:20 AM To: Jeanne Bresett <jbresett@ircgov.com> Cc: Stan Boling <sboling@ircgov.com>; Sasan Rohani <srohani@ircgov.com>; John McCoy <jmccov@ircgov.com> Subject: Can Sammartino traffic impact study be reviewed/approved by Wednesday morning? Good Morning Jeanne, 1 Hanlex Civil LLC 1825 S Orange Blossom Trail Apopka, FL 32703 Attachment 4 163 164 00 1•.. 4.0 STUDY CONCLUSIONS This study was conducted in support of a proposed rezoning application for the 1.98 -acre site located on the southeast corner of Old Dixie Highway and Oslo Road/9th Lane in Indian River County, Florida. The property is proposed to be changed from Heavy Commercial District (CH) to General Commercial District (CG) with a maximum allowable density of 10,000 square feet per acre. The analysis included a determination of project trip generation, a review of existing and projected roadway and intersection capacity. The results of the traffic analysis are summarized as follows: • The proposed development will generate a total of 901 net new daily trips, of which 7 new trips will occur during the AM peak and 77 new trips during the PM peak hour. • A review of roadway capacity indicates that currently all roadway segments operate within their capacities and are projected to continue to do so at project buildout. • An analysis of intersection capacity and operations reveals that the study intersections currently operate adequately and will continue to do so at project buildout. • The rezoning application does not adversely impact the transportation network in the vicinity of the site. Traffic t Mobility Conwbanta Oslo Site Rezoning Project Ns 15-061.1 Page 9 169 DRAFT Minutes PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, November 12, 2015 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, 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. ircg ov.com/Boards/PZC/2015. Present were members: Maria Caldarone, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Jordan Stewart and Todd Brognano, Members -at -Large. Absent were Chairman Polackwich, Sr., District 2 Appointee; Charles Rednour, District 1 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; William Schutt, Senior Economic Development Planner; and Lisa Carlson, Recording Secretary. 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 Mr. Stan Boling, Community Development Director, advised the board that Item A on the agenda under Item Not on Consent had been pulled from the agenda and will be rescheduled for the next meeting. Approval of Minutes ON MOTION BY Mr. Stewart, SECONDED BY Dr. Day, the members voted unanimously (4-0) to approve the minutes of the meeting of October 22, 2015, as presented. Public Hearing Vice Chairman Brognano read the following into the record: A. Alfred and Betty Sammartino's request to rezone +1- 1.98 acres located at the southeast corner of Old Dixie Highway SW and 9th Street SW, from Attachment 5 PZC/Unapproved 1 November 12, 2015 F \BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-11-12-15 doc 11 170 CH (Heavy Commercial) to CG (General Commercial). (RZON- 2004050297-75451) [Quasi -Judicial] The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Bill DeBraal, IRC Deputy County Attorney, 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 stated that they had not had any ex -parte communication. Mr. William Schutt, Senior Economic Development Planner, reviewed information regarding the proposed rezoning and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He recommended that the board approve the rezoning request. Jeremy Anderson of Hanlex Development, representative for the Applicant, summarized the reason for the proposed zoning change. ON MOTION BY Mr. Stewart, SECONDED BY Dr. Day, the members voted unanimously (4-0) to approve staff recommendations on this Quasi -Judicial matter. Commissioner's Matters There were none. Planning Matters Mr. Boling advised that the next meeting is scheduled for December 10th and will be the only one in December due to holidays. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:11 p.m. PZC/Unapproved 2 November 12, 2015 F:\BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-11-12-15.doc 171 Chairman Alan Polackwich Date Lisa Carlson, Recording Secretary Date PZC/Unapproved 3 November 12, 2015 F \BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-11-12-15.doc 172 ORDINANCE NO. 2015 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±1.98 ACRES LOCATED AT THE SOUTHEAST CORNER OF OLD DIXIE HIGHWAY SW AND 9TH STREET SW, FROM CH, HEAVY COMMERCIAL DISTRICT, TO CG, GENERAL COMMERCIAL 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 and send its Notice of Intent to rezone the hereinafter described property; 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; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: THAT PART OF THE NORTH 12 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, LYING WEST OF THE FLORIDA EAST COAST RAILWAY AND EAST OF THE OLD DIXIE HIGHWAY, SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4, SECTION 30; THENCE RUN ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, NORTH 89°45'03" EAST, A DISTANCE OF 616.34 FEET TO THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD, A 100 FOOT RIGHT OF WAY AND A POINT ON A CURVE CONCAVE TO THE NORTHEAST, THE RADIUS OF WHICH BEARS NORTH 79°15'49" EAST, A DISTANCE OF 5779.58 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 00°24'48", AN ARC DISTANCE OF 41.70 FEET TO THE SOUTH RIGHT OF Attachment 6 Page 1 of 3 173 ORDINANCE NO. 2015 - WAY LINE OF OSLO ROAD PER O.R.BOOK 122, AT PAGE 378 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID CURVE AND WEST RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 03°34'35", AN ARC DISTANCE OF 360.76 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY LINE, RUN SOUTH 79°38'38" WEST, A DISTANCE OF 241.18 FEET TO THE EAST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY, A VARIABLE WIDTH RIGHT OF WAY, AS IT NOW EXISTS; THENCE RUN NORTH 11°46'05" WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 92.09 FEET; THENCE RUN NORTH 10°30'25" WEST, A DISTANCE OF 182.66 FEET; THENCE RUN NORTH 08°16'51" WEST, A DISTANCE OF 75.86 FEET; THENCE RUN NORTH 39°24'05" EAST, A DISTANCE OF 54.29 FEET TO THE SOUTH RIGHT OF WAY LINE OF OSLO ROAD (9TH STREET S.W.), A VARIABLE WIDTH RIGHT OF WAY, AS IT NOW EXISTS TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH, THE RADIUS OF WHICH BEARS NORTH 01°18'10" WEST, A DISTANCE OF 10374.90 FEET; THENCE RUN EASTERLY ALONG SAID CURVE AND SOUTH RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 00°12'38", AN ARC DISTANCE OF 38.12 FEET; THENCE RUN NORTH 86°48'29" EAST, A DISTANCE OF 64.61 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, THE RADIUS OF WHICH BEARS SOUTH 02°20'53" EAST, A DISTANCE OF 13960.00 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°14'48", AN ARC DISTANCE OF 60.12 FEET; THENCE RUN NORTH 87°44'42" EAST, A DISTANCE OF 22.38 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.98 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE CHAIN OF TITLE. is changed from CH, Heavy Commercial District, to CG, General Commercial District. All with the meaning and intent as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 8th day of December, 2015. This ordinance was advertised in the Press -Journal on the 23`d day of November 2015, for a public hearing to be held on the 8th day of December, 2015 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Page 2 of 3 174 ORDINANCE NO. 2015 - Wesley S. Davis, Commissioner Peter D. O'Bryan, Commissioner Tim Zorc, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AI tIj Community Development Director F•\Community Development Rezonings\Sammartino - CH to CG Year 2015\Ordinance\Ordinance - Sammartino Rezoning.doc Paee 3 of 3 LOCATION & Existing Land Uses SE Corner of Oslo Rd. & Old Dixie Hwy SW Sammartino Property Approximately 1.93 Acres 115-1 Board of County Commissioners December 8, 2015- Sammartino. Rezoning; Request CR to CO: LOCATION & Existing Land Uses SE Corner of Oslo Rd. & Old Dixie Hwy SW Sammartino Property Approximately 1.93 Acres 115-1 Purpose • Secure the zoning necessary to use the site with uses that are allowed under the CG zoning district • Dollar General plans to locate on the subject site • Regardless of anticipated use, rezoning allows other appropriate uses • Subject property is zoned CH • CH zoning cannot accommodate grocery stores, variety stores, or the sale of miscellaneous shopping goods • Requested CG zoning does allow those retail uses 115.2 PZC Action On November 12, 2015, PZC recommended that BCC approve the request Existing & Adjacent Zoning • North: Oslo Rd, CH • South: CH Sammartino Property Approx. 1.98 Acres CH to CG • West: Old Dixie Hwy SW, CG • East: FEC Railroad, CG 115.3 Sammartino Property Approx. 1.98 Acres CG from CH Criteria Analyzed • Concurrency • Consistency with the Comprehensive Plan • Environmental impact • Compatibility with surrounding uses Concurrency Sufficient Capacity in all Concurrency Mandated Facilities Transportation Water Wastewater Solid Waste Stormwater Management A detailed concurrency review will be done at the time of project development Consistency with the Comprehensive Plan Future Land Use Policies 1.17 (located in Urban Service Area), 1.18 (allows retail/office/services uses in C/I area) Site's Land Use Designation: C/I Request is consistent with the Comprehensive Plan Environmental Impacts • Impact is the same for CH & CG zoning • Wetlands adjacent to the FEC railroad right-of-way: Relatively low functional value Subject to County and SJRWMD permitting and mitigation requirements • Native trees subject to county tree protection requirements No Adverse Impacts From Rezoning • South: CH; no incompatibilities • North CH; Separated by Oslo Rd., no incompatibilities • West. CG, Separated by Old Dixie Hwy SW, no incompatibilities • East: CG; Separated by FEC Railroad, no incompatibilities 115' 6 Conclusion Requested CG is: • Compatible with surrounding uses • Consistent with the comprehensive plan • Meets Concurrency! test • No additional environmental impacts • Staff supports the request Recommendation Staff and PZC recommend that BCC approve the rezoning request from CH to CG by adopting the attached ordinance IC « T BEFORE THE .BOARD OF COUNTY COM MISSIO.NERS .INDIAN RIVER. - COU. NTY NOTICE OF REZONING - 'PUBLIC ,HEARIoN diari. River County, tion of a county ordinance rezoning • The Board of County Commissioners Florida, will consider 'the adoption ortiohs of Indian River County. And within r ng unincorporated , p ' public hearing at which parties in interest apeced citizens mber 852015, at 9 00 hall have an Pbe will be held on Tuesday 'in by tCou heard, Administration . a.m. 'in the County Commission SChambers' Beach, Florida The Ips patron Building e located at the su 27th ro erty is entitled: • AMEN• D • ING ordinance to rezone subj P P AN THE DINANCE AND THE AF INDIAN RIVER OUNTY, FLORIDA, CCOMPANNT THE OUTYING G ASP THE ZONING'ORFROM CH, FOR APPROXIMATELY ±1.98 ACRES LOCATEQ CORNER OF OLD DIXIE HIGHWAY SW DISTRICT, TOAND CG,9GNERVLR BM ER BIND AL HEAVY- T; AND CIA DISTRICT;E DA E ROVIDING CODIFICATION, S ttheCommunity The' eZ IV be inspected by the public a a Ilcation'may A, located at The'ment Dg pP Development Department of the -County Administration Building 5:0001 .p th Street, Vero .Beach., Florida, between the hours of 8:30 a.m.-and m, on weekdays. For more information, contact Bill Schutt at (772) p district, 226-1243. •adopt another zoning provided that the adopted zoning dlstrict is The Board i County Commissioners s ed, may • other than the district req rehensive plan consistent with the county's Comprehensive that may be at this Anyone who .may wis• h to. appeal any roceedings made at this Anyf the Is based. meeting will need the testimony and evidence upon' whichtheappeal which includes Existing Zoning \lap 'Sarnmartino Ruining Request Anyone who needs a special accommodation for this meeting must contacAct t the the County's Americans with of thel meet ng. Coordinator at (772) 226-1223, at least 48 hours in advanceIndian River County Board BoboSolari Chbmarman ers By: 17-0815 1Q Al 115'5 Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared Kimberly Piston who on oath says the he/she is_ Account Manager at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for 1 nd� /C ver t1 measuring ,70 was published in the INDIAN RIVLR PRESS JOURNAL in the issue(s) of signature 106 v be4 075)1 az a / /2_ ikc/- I - column inches, title ( ) ersonally known to me - ( who has produced }'t- Dri.5 CftA _) as identification Sworn to and subscribed before me this ri day of he C17n A.D. �O 1 c �k'2-- Notary ?P1,4----- Pu 1ic KATRINA B. HUBBARO Notary Public, State of Florida Commission # EE 863862 My comm. expires Mar. 24, 2017 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM /o; PL I3LI(; Nano:. [INFORMATIONAL.] TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, I P; Community Development Director THROUGH: John McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: November 25, 2015 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of December 8, 2015. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: December 15, 2015 1. Ron Taylor's Request for Abandonment of a 30' Wide Right -of -Way Lying South of Lot 5, Block B of the Green Acres Estates Subdivision [ROW -15-07-01 / 98020174-74697] [Legislative] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM: FOR: December 8, 2015 BY: fit' D ;�. Indian River Co. Approved Date Admin. IPO loVRA,C Legal . pp./ 1(- - rt Budget ��'� [ L Dept. �� it Risk Mgr. F•\Community Development\CurDev\public hearings\BCC\20I5\I2-8-15 public hearing notice to board.docx 1 176 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM COMMUNITY DEVELOPMENT TO: Joseph A. Baird; County Administrator FROM: Stan Boling, CP; Community Development Director DATE: December 1, 2 SUBJECT: Consideration of Allowing Farmer's Market (Food and Produce) Events in Gifford It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 8, 2015. BACKGROUND Currently, county land development regulations (LDRs) allow fruit and vegetable sales at temporary stands in Gifford and throughout the unincorporated county on commercially zoned sites under certain conditions. Those conditions include temporary access and parking improvements, a 3,000 foot separation distance between fruit and vegetable stand sites, and a prohibition on electrical and water/sewer service to stands with an exception for certain grandfathered -in (pre -2001) stands. There is no allowance under the current LDRs for sale of cooked food at such stands. The existing regulations are structured to balance the less stringent development standards applied to temporary produce stands and the more stringent development standards for commercial uses at permanent facilities. In recent years, Gifford residents and interested produce and food vendors indicated that produce and food stands have been a tradition in Gifford and that greater allowances for such uses need to be accommodated, with reasonable regulations. In response to interest in a food vendor/farmer's market in Gifford, a community meeting sponsored by the Progressive Civic League of Gifford was held at the Gifford Community Center on April 23, 2012. At that meeting, county staff, representatives from the Sheriff's Office, Health Department staff, residents, and vendors discussed the farmer's market concept. Although no consensus was reached at that meeting, it was evident that there was an interest in allowing outdoor produce and food sales but there were also concerns expressed about determining appropriate farmer's market locations, aesthetics, security and night-time activities and neighborhood impacts. M:\AGENDA\Current Year\2015\12-08-15 Consideration of Allowing Farmers Market Events in Gifford.docx 1 177 In 2014, the farmer's market concept was discussed at Gifford Neighborhood Plan meetings and was incorporated into Action 6.5 which was adopted as part of the neighborhood plan. That action calls for the County to consider special regulations for food and produce sales in Gifford via temporary use regulations (see attachment #1). To move the farmer's market concept forward, staff reviewed research conducted for the 2012 community meeting, coordinated with Gifford community leaders, and drafted a Gifford -specific set of temporary use permit regulations that would allow food and produce market sales and events, with special criteria. The Board is now to consider the proposed draft regulations, and determine whether or not to direct staff to initiate the process for formal review and consideration of adopting farmer's market regulations for Gifford. ANALYSIS The draft regulations (see attachment #3), as currently proposed, would allow staff to issue one or more renewable temporary use permits for weekend and special event farmer's markets within the area of Gifford lying east of 58th Avenue and west of US 1 on commercial/industrial sites or public park sites. As currently proposed, such sites must have direct access to a major road and be located no closer than 1,500 feet to any other approved farmer's market site. Through the temporary use permit process, a year-long schedule of events could be approved for a particular site, and compliance issues could be addressed through special permit conditions and revocation of the permit, if necessary. The proposed regulation would also limit sale items to produce, food, and non-alcoholic beverages consistent with the neighborhood plan. Under the current proposal, days and hours of operation would be limited to help ensure compatibility with neighborhoods. As proposed, market events on any approved site would be limited to 3 days per week and 8 hours per day with no sales activity occurring past 9 pm. In addition, the proposed regulations would require traffic control, parking, and security provisions approved by Planning, Traffic Engineering, and the Sheriff's Office to address security and operational concerns, and would also require provisions for sanitary facilities and solid waste approved by the Health Department and Solid Waste to address health and appearance concerns. Determining appropriate and viable commercial sites or public park sites for a farmer's market will require careful evaluation as the proposed regulation moves forward and gets "refined" through the review process. Although there are commercial sites located along major roadways in Gifford, suitable commercial sites along 45th Street, especially east of 43rd Avenue in the "heart" of Gifford, are limited (see attachment #2). Use of public park sites, such as Gifford Park on 43rd Avenue or a potentially re -developed Gifford Landfill site on 41St Street, may be useable as long as there are no conflicts with normal park use. Staff's position is that locational criteria in particular, as well as all the other proposed farmer's market criteria, should be workshopped at an evening meeting in Gifford. Therefore, if the Board directs staff to initiate the formal process for reviewing and adopting the proposed regulations, staff would conduct at least one community workshop prior to scheduling public hearings before the PZC (Planning & Zoning Commission) and the Board. The entire review and hearing process could take 6 — 9 months. M \AGENDA\Current Year\2015\12-08-15 Consideration of Allowing Farmer's Market Events in Gifford.docx 2 178 RECOMMENDATION Staff recommends that the BCC direct staff to initiate the formal process for reviewing and considering adoption of the proposed Gifford farmer's market regulations, including a Gifford community workshop as part of the review process. ATTACHMENTS 1. Excerpt from Gifford Neighborhood Plan (Action 6.5) 2. Location Map 3. Draft Proposed Regulation APPROVED AGENDA ITEM: FOR: December 8, 2015 Indian River Co, Ap • • ed Date Admin. I',.L(24 /2)a)1 Legal - ti Budget % ' , 12.124k� Dept. l 21///c Risk Mgr. ---. M:\AGENDA\Current Year\2015\12-08-15 Consideration of Allowing Farmers Market Events in Gifford.docx 3 179 L WeWq0e4TV Gifford Neighborhood Plan 2014 Objective 6. Illegal Uses. Non -Conformities. and Land Use Compatibility By 2017, all illegal uses in Gifford will have been eliminated, and by 2020 all non -conformities will be eliminated or upgraded to be brought closer to compliance with current codes. Action 6.1 — Each year, County Code Enforcement will coordinate with the Sheriffs Office, the Building Division, the Fire Division, and the Health Department to target, plan, and conduct regular enforcement sweeps of suspected illegal uses (use violations) and violations of environmental regulations in Gifford. Action 6.2 — County Code Enforcement will initiate or assist in the initiation of appropriate enforcement action against identified illegal uses. Action 6.3 — County Code Enforcement will regularly monitor properties against which code enforcement action has been taken to ensure on-going code compliance. Action 6.4 — By 2014, the County will revise its Land Development Regulations (LDRs) to prohibit heavy industrial uses such as sawmills, steel mills, textile mills, landfills, and cement manufacturing plants, to strictly regulate concrete batch plants and demolition debris facilities, and to specially regulate new mulching operations and mulch operation expansions in the West Gifford industrial arealocated between 43`d Avenue and 58th Avenue. Action 6.5 - By 2015, the County will consider revising its Land Development Regulations (LDRs) to allow food and produce vendors for weekend markets and special events in designated areas in Gifford, subject to special temporary use regulations. INFRASTRUCTURE Infrastructure Background and Strategy: Adequate infrastructure is important for every community. In the early 1980's in Gifford, most of the public streets were paved and a system of water and sewer lines were installed. Street lighting and sidewalks exist along major roads, although some critical gaps exist. Drainage problems occur in some areas. Maintenance of existing facilities is needed and there is also a need to construct additional infrastructure in some areas. Most important is beautification of Gifford's "Main Street" (45th Street aka Martin Luther King Jr. Boulevard), filling-in sidewalk gaps and gaps in street lighting coverage, road resurfacing, and targeted drainage improvements. In most cases, the County is responsible for these activities. Some activities, such as road resurfacing, are being undertaken on a regular basis according to a Countywide schedule. Other activities, such as 45th Street beautification and sidewalk construction, involve special projects and sometimes special funding. Besides conducting Community Development Indian River County 74 Z }uawyoelly OXWOd 2100 INf1W 11 reia 00 10 H0 90 im suluO2 puebei RI or son K•• 11 ri AVim: �. ORDINANCE 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 972, TEMPORARY USES; BY ESTABLISHING SECTION 972.08(6), PROVIDING FOR TEMPORARY FOOD & PRODUCE MARKETS/SPECIAL EVENTS IN GIFFORD; 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 972, TEMPORARY.0ES FOR DEVELOPMENT BE AMENDED AS FOLLOWS: SECTION #1: Establish LDR Section 972.08(6), Gifford Food & Produce Market/S;Pecial Events, as follows: tiff.•.,'• *.y:::• As called for in the adopted Gifford Neighborhood: Plan, temporary use permits may be approved by the Community Development Director for weekend`iand ssgeial event "faimers markets" within Gifford, subject to the special criteria;itielow.-::'`' (a) Location: •Temporary market event sites�:sha11 be limited,to properties zoned commercial or industrial, and public park sites. '::::*i::-.. '::.:§•:•:.c.:.••. . . ti•<• (1) Sites shall be`'located. east of* Avenue, •west:•of US 1, north of the City of Vero Beach coi porate liniits ..and sout4. ht?of:.49 Street.- :•:::.. 1., (2) Sites shall hav�k e di>1ectaccess to •:a `_collector or arterial road designated on the •••••••••:,•::::::,7,:..,...„::4N-::::::„.. : -i•'• .{:. ioroughfare Plan >-. Sh\•r•ds include but are not limited to 43rd Avenue, 49th treet, 4ti5 Street%MLK Blvd., 4:1 Street, US 1, and Old Dixie Highway. (3)'" ti'No farmers ma ket site: shall be located closer than 1,500 feet to another farmers (market site approu�ed undentl is section. (b) Merchandise ;Items forksale shall be limited to fruits, vegetables, food (prepared and unprepared), aiid:non-alcoholic beverages. (c) Days and hours: Special events and re -occurring (regular) market events shall be limited to three (3) days per week and eight (8) hours per day for sales activity. (1) Sales activity shall not occur between 9 pm and 8 am. Set-up and take-down activity shall not occur between 10 pm and 7 am. (2) Regular, re -occurring market events may be approved as specified in a temporary use permit (TUP) approval letter. A TUP application may be re-newed upon re- application and a finding of compliance with TUP regulations and any condition(s) attached to the preceding TUP approval. F•\Community Development\CurDev\Ordinances\20I6 Ordinances\2016- 972(giffordmarket).docx Attachment 3 1 182 ORDINANCE 2016- (d) Traffic control, parking and security: Adequate traffic circulation, traffic control, vendor and customer parking, pedestrian access, lighting, and security measures shall be provided as required by Planning, Traffic Engineering, and the Sheriffs Office. (e) Sanitary facilities and solid waste: Sanitary facilities and management of solid waste shall be provided as required by the Health Department and Solid Waste. (f) Vendors: Subject to Building, Fire Prevention, and Health Department approval, vendor set- ups may include food trucks, tables, canopies, tents and similar structures as shown on an approved temporary use permit (TUP) site plan sketch,.;;;::;;:: (1)Prior to anysales activityconducted by�� ari`n_div:idual vendor at a market or special event, the individual vendor shall obtain ariy l'i'cense or approval required by the Health Department, and shall providecdocumentatioii.of compliance with any such requirement upon request. ''ti4. •,:. k; sem. (g) Applicant/sponsor: The market applicant/5ponsor shall`provide authorization from the site owner and shall post a $200 cash bond to guaranteeti:timely site clean iuj%:after each weekly event. .;4;. :; •:. ;:� . '. 1 (1) Sites shall be cleaned-up�w:itliin 48 hours of eacl :weekly event. (2) The applicant sha11 provide t• i• the name'and..�contact\information for the person(s) responsit le for managing the rriarket:or<specrWevent. (h) Signs: Prior to commencement of sales aet;yity, all signs associated with a market or special event, including terriporary. signs shall be pi:operly permitted. Banners, balloons, pennants, comriori:flags;,and inflatable='displays shall be{prohibited. •:•:•:::•:•:::•:::• M:...:,: •: �•. :}�; :•. v:v' :�;}}tiff}:.}• :_-�. 'r'%••.' y4 • .:-,:•••:,:..,„ �\1•�7'..�•:i�, : tiff •:. (i) General criteria: *lie.general temporary use permit (TUP) criteria of section 972.06 shall apply. ;•;•, , • p(i) Application;: Each tempo'use permit application for a market or special event shall include a scab. site plarirsketch depicting entrances, exits, driveways, traffic circulation, vendor set-up areas, customer and vendor parking, signs, sanitary facilities, solid waste management item ;soundsystem items (if any), and lighting/security items. (1) Each application shall be reviewed by Planning, Traffic Engineering, Fire Prevention, Building, Solid Waste, the Sheriff's Office, and the Health Department. SECTION #2: 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 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. F -\Community Development\CurDev\Ordinances\2016 Ordinances \2016- 972(giffordmarket).docx Attachment 3 2 183 ORDINANCE 2016 - SECTION #3: 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 #4: 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 #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised hearing to be held on the by Commissioner following vote: in the Press -Journal on the day of , 2015, for a public day of , 2015, at which time it was moved for adoption , seconded by Commissioner , and adopted by the Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis 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 , 2016. BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk F\Community Development\CurDev\Ordinances\2016 Ordinances \2016- 972(giffordmarket).docx Attachment 3 3 18 ORDINANCE 2016 - This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development D,ir..ector F•\Community Development\CurDev\Ordinances\20I6 Ordinances \2016- 972(giffordmarket).docx Attachment 3 4 185 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONI Nil:\ I TY UI::\"I I.0PNI NT 19, dam. TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, Community De pment Director FROM: Sasan Rohani, AICP > ' Chief, Long -Range Planning DATE: December 1, 2015 RE: CONSIDERATION OF THE GIFFORD NEIGHBORHOOD PLAN ANNUAL REPORT CARD FOR 2015 It is the requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of December 8, 2015. DESCRIPTION AND CONDITIONS From May 2013 through July 2014, the county performed an update of the 2002 Gifford Neighborhood Plan. The updated plan was adopted by the Board of County Commissioners on July 15, 2014. That plan was the culmination of a grass roots effort by the Progressive Civic League of Gifford, Gifford residents, and Indian River County to improve the quality of life and economic conditions for Gifford residents. Through considerable interaction with residents of Gifford at community meetings, county staff prepared the neighborhood plan which presents a strategy and a series of actions to address issues, concerns, and opportunities identified by Gifford residents. Approval of the plan committed the Board (as well as other responsible parties) to undertake specific actions identified in the "action plan" section of the overall neighborhood plan. Action 1.5 of the plan states the following: "Each year, through 2020, the County Planning Division will provide a Gifford Neighborhood Plan 2014 action plan/implementation plan "report card" to the Progressive Civic League of Gifford and will present the report card to the Board of County Commissioners at a Board of County Commissioners meeting". 1 186 This report and the attached implementation matrix "report card" constitute the second annual report card for the Gifford Neighborhood Plan 2014, and has been provided to the Progressive Civic League of Gifford. The Board is now to review the attached Gifford Neighborhood Plan annual report card for 2015. ANALYSIS The Gifford Neighborhood Plan 2014 is a 108 page plan that contains an introduction and description of the planning process, data (existing conditions), analysis, action plan, implementation and funding sections, and appendices containing reference information including a history of Gifford. Following its July 15, 2014 approval, the plan has been implemented as specified in the plan's action plan and implementation sections. • Action Plan The action plan section (strategies, objectives, and actions) is "the heart" of the neighborhood plan (attachment # 2). As structured, the action plan contains 15 objectives that relate to major issues and topics identified during community meetings. Following is the list of the neighborhood plan objectives in the order presented in the plan: 1. Communication/Coordination 2. Housing Rehabilitation/Property Maintenance 3. Demolition/Repair of Dilapidated and Unsafe Structures 4. Housing Ownership 5. Economic Development/Employment/Technical Training 6. Illegal Uses, Non -conformities, and Land Use Compatibility 7. Sidewalk Improvements 8. Street Maintenance 9. 45th Street/ MLK Blvd "Main Street" Beautification and Improvements 10. Traffic/Safety Improvements 11. Drainage Improvements 12. Street Lighting 13. Park Improvements 14. Funding 15. Crime Prevention/ Law Enforcement. Under each objective, there is a set of specific actions that contribute to meeting the objective. Each action item identifies a specific action, a responsible party or parties, and either a completion date (year) or an indication that the action is to be implemented on an on-going basis. Responsible parties identified in the action plan include: the Planning Division, the Public Works Department, the Parks Division, Code Enforcement, the Progressive Civic League of Gifford, the School Board, Indian River State College, Road and Bridge, Traffic Engineering, Indian River Farms Water Control District, the Metropolitan Planning Organization (MPO), the Health Department, the Sheriff's Office, the County Attorney's Office, and the Indian River County Chamber of Commerce. Overall, the plan contains 82 specific actions. Community Development Department staff has coordinated with all responsible departments, 2 187 entities, and the Progressive Civic League of Gifford to ensure implementation of the plan's actions. As shown on the attached "report card" matrix (attachment # 1), of the 82 actions in the plan, 15 had 2014 or 2015 due dates and all 15 of those actions were completed or are in progress (100%). In addition, there are 42 ongoing actions in the plan that require periodic implementation (see last two pages of attachment #1). All 42 ongoing actions have been completed/implemented (100%). Finally, as indicated in the attached matrix, some actions due by 2016 have already been completed or partially implemented. Larger projects called for in the action plan, such as the 45th Street Beautification project, east Gifford drainage improvements project, and street lighting project are moving forward and most likely will be done ahead of the schedule indicated in the action plan. With these projects, staff from several departments have "stepped up" to obtain funding, design projects, obtain easements, adjust or expand project scope, and implement construction of improvements. In addition, communication between community leaders, residents and staff has been effective. FUNDING Implementation of the Gifford Neighborhood Plan 2014 will require use of various current and future funding sources. Funding sources will include the General Fund, gas taxes, sales taxes, the MSTU, grants, and other appropriate funding sources. Beginning in 2014, larger projects in Gifford were incorporated into the County's Capital Improvements Element (CIE). An updated copy of the Gifford Neighborhood Plan Schedule of Capital Improvements is attached (attachment #3). CONCLUSION The neighborhood plan's "action plan" section contains a total of 82 actions; each action is related to an objective and is structured to identify a specific task, a responsible party or parties, and a completion date or indication that implementation is on-going. For the 2015 "report card" period, all actions with a 2014 or 2015 due date, and ongoing actions, have been completed (100%). RECOMMENDATION Staff recommends that the Board of County Commissioners review and accept the Gifford Neighborhood Plan 2015 implementation report card. ATTACHMENTS 1. Implementation Matrix "Report Card" 2. Action Plan (strategies, objectives, and actions) 3. Gifford Neighborhood Plan Schedule of Capital Improvements APPROVED AGENDA ITEM: FOR: 72/0. XFs821-util BY: Indian River Co, Aped Date Admin. :. j2/07 -,J/5 Legal 'f 1 ( (L''l3 Budget f 1405 Dept. 0. /Z/l /iS Risk Mgr. FAC ninny Development\Gifford Plan\Staff Reports\GNP 2015 Report Card- BCC agenda item 12-8-2015.doc 3 188 GIFFORD NEIGHBORHOOD PLAN 2014 IMPLEMENTATION MATRIX All Actions Sorted by Date Action Type of Action Responsibility Primary Responsibility Secondary Timing Date Action Completed 3.1 Identify Dilapidated Housing Units to be Fixed or Demolished in Gifford Code Enforcement PCLG 2014 Done 13.9 Apply for Grant for Trail at Martin Luther King Park MPO Health Department 2014 Done 6.4 Revise LDRs Prohibiting Specific Industrial Operations in West Gifford Area Planning 2014 Done 9.1 Design Improvements and Beautification for 45th Street Public Works MPO 2014 Done 5.14 Provide Chamber Membership Discounts Chamber of Commerce 2015 Done 3.2 Develop and Distribute user friendly Brochure for Property Maintenance and Code Enforcement Code Enforcement Building Division 2015 In progress 13.1 Make Improvements at Hosie -Schumann Park Parks Division Public Works 2015 Done 14.4 Apply for Recreation Development Assistance Program Grants (FRDAP) Parks Division Public Works 2015 Done 9.4 Coordinate with Owners on ROW or easement for 45th Street Beautification PCLG Public Works/MPO 2015 Done 3.4 Identify Ways to Stabilize Post Demolition Sites Planning Building Division 2015 Done 5.6 Request Vocational Training Expansion Planning School Board/IRSC 2015 Done (1/30/2015) 6.5 Revise LDRs to Allow Food/Produce Vendors on Weekends in Designated Areas Planning 2015 In Progress 12.1 Develop a Plan for Street Lighting Public Works PCLG 2015 Done 14.3 Apply for Transportation Alternatives Funds Public Works MPO 2015 Done 5.9 Request Coordination on Minority Teacher Recruitment, Zero Tolerance Policy, Other School Related Issues School District PCLG 2015 Done (1/30/2015) 14.1 Consider Community Redevelopment Agency (CRA) or Tax Increment Financing County Attorney's Office 2016 14.2 Consider Safe Neighborhood Improvement Districts County Attorney's Office 2016 8.5 Seek Right of Way Donations (unplatted streets) PCLG Public Works 2016 2.1 Apply for CDBG Grant for Rehabilitating Planning 2016 Action Type of Action Responsibility Primary Responsibility Secondary Timing Date Action Completed Substandard Housing Units 2.2 Commit SHIP Funds for Housing Rehabilitation Planning 2016 Done 9.2 Improve and Beautify 45th Street from U.S. #1 to 43rd Avenue Public Works MPO 2016 In progress 12.2 Improve Street Lighting at 41st Street/32nd Avenue Intersection, and 49th Street Public Works 2016 13.2 Make Improvements at Gifford Park Public Works Parks Division 2016 Done 10.3 Identify Appropriate School Zone Safety Improvements School District Public Works/ Planning 2016 Done 0/30/2015) 13.7 Ensure Safety of Parks and Schools Sheriff's Office School District/Residents/ PCLG 2016 Done 13.6 Design Redevelopment Plan for Old Landfill Site Solid Waste Public Works 2016 In progress 7.3 Repair and Connect Sidewalk along 45th Street, from 58th Avenue to U.S. #1 Public Works 2017 In progress 11.7 Develop Scope for Culverting Canal on South Side of 45th Street Public Works IRFWCD 2017 11.8 Identify Appropriate Safety Barriers at Canals Public Works IRFWCD 2017 3.3 Demolish and Replace Unsafe and Dilapidated Units in Gifford with CDBG Funds Planning Building 2018 Ongoing 7.2 Repair and Connect Sidewalks Along 43`d Ave between 41st and 49th Street Public Works MPO 2018 9.3 Improve and Beautify 45th Street with Partial Culverting and Landscaping (Phase 2) Public Works MPO 2018 In progress 10.2 Signalize 58th Avenue/45th Street and 58th Avenue and 49th Street Public Works 2018 11.1 Identify Neighborhood Drainage Problems Public Works 2018 In Progress 13.8 Evaluate and Consider Feasibility of Boat Ramp at Gifford Dock Park Public Works 2018 11.2 Maintain Stormwater System, Build Outfalls for the east Gifford area to 41St Street retention pond Public Works 2019 In progress 14.5 Implement Stormwater Improvement Project Public Works 2019 In progress 8.3 Resurface 45th Street Public Works 2020 In progress 8.6 Pave 32nd Avenue North of 43`d Street and 35th Avenue North of 45th Street Public Works 2020 2 Action Type of Action Responsibility Primary Responsibility Secondary Timing Date Action Completed 7.4 Provide Sidewalks along 41st Street and 49th Street Public Works MPO 2024 5.7 Set up Career Source Mobile Unit in Gifford Career Source PCLG Ongoing Done 5.3 Attract Business to Gifford (Enterprise Zone) Chamber of Commerce Ongoing Done 5.4. Provide Incentives to Businesses Locating Within Enterprise Zone Chamber of Commerce Planning Ongoing Done 5.5 Provide Technical Assistance to Minority Businesses Chamber of Commerce Planning Ongoing Done 5.8 Hold Annual Job/Apprenticeship Fair Chamber of Commerce PCLG Ongoing Done 5.13 Educate Residents Regarding Enterprise Zone Chamber of Commerce Planning Ongoing Done 6.1 Conduct Code Enforcement Sweeps Code Enforcement Sheriff's Office/Health Department Ongoing Done 6.2 Conduct Code Enf. Action Against Illegal Uses Code Enforcement Ongoing Done 6.3 Conduct Code Enforcement Monitoring Code Enforcement Ongoing Done 15.2 Concentrate Code Enforcement on sites With Code Violations Contributing to Crime Code Enforcement Sheriff's Office Ongoing Done 15.5 Attend COPE Meetings Code Enforcement Ongoing Done - 5.12 Ensure Availability of Computers to Community Gifford Youth Activity Center Ongoing Done 11.3 Maintain Canals IRFWCD Ongoing Done 7.1 Determine Funding Opportunities for Sidewalks MPO Public Works Ongoing Done 13.3 Maintain a Security Unit at Gifford Park Parks Division Public Works Ongoing _ Done 13.4 Maintain Gifford Park Ballfields Parks Division Public Works Ongoing _ Done 13.5 Maintain, Replace, and Repair Gifford Park and Hosie Schumann Park Playground Equipment Parks Division Public Works Ongoing Done 2.5 Assist with forming Neighborhood Association (Property Maintenance) PCLG Planning Ongoing Done, Assistance provided as needed 2.6 Organize Community Day Cleanups PCLG ' Ongoing Done (3/21/15) 5.11 Host Community Meeting with School District Staff PCLG School Board Ongoing Done (1/30/2015) 11.5 Monitor Stormwater Facilities and Report Issues PCLG Residents Ongoing Done 11.6 Monitor Culverts/Ditches and Report Problems PCLG IRFWCD Ongoing Done 1.1 Maintain Gifford Interested Parties E-mail List Planning Ongoing Done 3 Action Type of Action Responsibility Primary Responsibility Secondary Timing Date Action Completed 1.2 Notify Interested Parties of Any Applications Planning Ongoing Done 1.3 Maintain Gifford Information link on County Website Planning Ongoing Done 1.4 Conduct Information/Input Meetings for County Projects in Gifford Planning Ongoing Done 2.3 Distribute SHIP Information Package Planning Ongoing Done 2.4 Target SHIP Rehabilitation Assistance for East Gifford Planning Ongoing Done 4.1 Present Housing Information to Gifford Residents Planning Ongoing Done 4.2 Host Housing Fair Planning Financial Inst./PCLG Ongoing Done (11/2/2015) 1.5 Present Annual GNP Actions Report Card Planning Public Works Ongoing • Done 5.1 Promote Commercial and Industrial Development in Gifford Planning Building Ongoing Done 5.2 Provide Incentives to Businesses That Want to Locate at Airport Property Planning Vero Beach Airport Director Ongoing Done 11.4 Coordinate with IRFWCD Stormwater Facilities Public Works IRFWCD Ongoing Ongoing_ 5.10 Hold Procurement Workshops in Gifford Purchasing Division Ongoing Done 8.4 Repair Potholes on Publicly Dedicated Streets Road and Bridge Public Works Ongoing Done 8.1 Monitor Street Conditions Road and Bridge Public Works Ongoing Done 8.2 Repair or Resurface Publicly Dedicated Roads Road and Bridge Public Works Ongoing Done 15.1 Allocate Law Enforcement Resources Sheriff's Office Ongoing Done 15.3 Enforce Posted Speed Limits Sheriff's Office Ongoing Done 15.4 Enforce Against Noise Violations Sheriff's Office Ongoing Done 10.1 Monitor Traffic Volumes and Accident Rates Traffic Engineering Public Works Ongoing Done F \Community Development\Gifford Plan\2014 update\GNP 2014 Implementation\GNP Main 2024 Imp. Matrix sorted by date.doc 4 Gifford Neighborhood Plan 2014 NEIGHBORHOOD ACTION PLAN The neighborhood action plan component of the Gifford Neighborhood Plan 2014 identifies plan goals, strategies to achieve each goal, and actions to be taken to implement the plan. As structured, the plan is results oriented, with specific actions programmed for implementation. Gifford Neighborhood Plan Goal The goal of the Gifford Neighborhood Plan 2014 is to revitalize the Gifford area as a safe community, maintaining its traditions ("Gifford Forever"), with good quality housing, adequate physical infrastructure, well maintained neighborhoods and public spaces, sufficient -economic opportunities, and vibrant community activities. Gifford Neighborhood Plan Strategies For each major issue identified in the Analysis Section of this plan, an overall strategy has been developed. Each strategy provides a blueprint for addressing the issue, solving identified problems, and pursuing desired opportunities. Associated with each strategy are objectives and actions. While the strategies establish the general framework for addressing each issue, objectives associated with each strategy set reasonable accomplishments to be met by specified time frames. Related to each objective are actions to be undertaken by appropriate parties. Those actions, when undertaken, should lead to accomplishment of the objectives. • Because the Gifford Neighborhood Plan 2014 is a coordinated effort among a number of groups, there are several agencies/organizations with. responsibility for taking actions identified in the plan. Only through the coordinated efforts of these agencies/organizations can the plan's objectives be met. i fU Community Development Indian River County 67 Gifford Neighborhood Plan 2014 COMMUNICATION & COORDINATION Communication and Coordination Background and Strategy: Currently, the County has a general policy of maintaining good, reliable, and on-going communication with Gifford residents and interested parties regarding County -related plans and activities that affect the Gifford area. The County needs to formalize and expand that general policy by maintaining existing communication/coordination procedures and by broadening information access and input opportunities for Gifford residents and interested parties with respect to County activities that affect the Gifford area, and by incorporating those procedures and opportunities into this plan. Objective 1. Communication and Coordination By 2015, an enhanced communication and coordination process will be in place regarding County activities that affect the Gifford area. Action 1.1: The County will maintain and continually update its "Gifford Interested Parties" e-mail group, and will add any party that requests to be added to that e-mail group. Action 1.2: The County will notify by e-mail every party on the "Gifford Interested Parties" e-mail group of any application for a proposed development project in the Gifford area scheduled for review by the. County's Technical Review Committee, Planning and Zoning Commission, and Board of County Commissioners. Action 1.3: The County will maintain a "Gifford" informational link on its website (www.irccdd.com), including items such as this plan, reports on major projects and development proposals in Gifford, and "report card" presentations (see action 1.5 below). Action 1.4: The County will hold an information and input meeting in Gifford for any significant development regulation initiative in Gifford and for any significant proposed County project within Gifford, including roadway and intersection expansions, major parks and beautification projects, and new County buildings and community facilities. The County will invite any applicant proposing a significant land use or zoning change in Gifford to conduct a presentation and input meeting in Gifford, with County staff in attendance. Action 1.5: Each year, through 2020, the County Planning Division will provide a Gifford Neighborhood Plan 2014 action plan/implementation plan "report card" to the Progressive Civic League of Gifford and will present the report card to the Board of County Commissioners at a Board of County Commissioners meeting. Community Development Indian River County 68 Gifford Neighborhood Plan 2014 HOUSING Housing Background and Strategy: One of the most significant and most visible problems in Gifford is poor housing conditions, especially in the east Gifford area. To address that issue, the County, the Progressive Civic League of Gifford, Gifford residents, non-profit groups, and private sector interests will need to support or engage in the rehabilitation of substandard housing units, remove dilapidated units and unsafe structures, and build new housing. As part of that effort, the County's role will be to provide state and localfunds for housing rehabilitation and new construction, to undertake or support housing rehabilitation with federal funds, to remove dilapidated housing and unsafe structures using local and other funds, and to assist in establishing viable neighborhood associations to promote property maintenance and address neighborhood issues. Non-profit organizations, such as Habitat for Humanity Every Dream Has a Price, and any other recognized housing agency or provider will need to continue building new homes and rehabilitating existing homes in Gifford and providing pre and postconstruction mentoring to their clients. In that effort, community groups, particularly the Progressive Civic League of Gifford, have a vital role. Those groups need to inform Gifford residents of the various local, state, and non-profit group programs available for housing ownership and/or rehabilitation, encourage residents to participate in those programs, and bring together residents and providers of housing assistance. Objective 2. Housing Rehabilitation/ Property Maintenance By 2018, at least 100 substandard residential units in east Gifford will have been rehabilitated. Action 2.1 — By 2016, the County will apply for Community Development Block Grant (CDBG) funds to rehabilitate 20 or more substandard housing units in the east Gifford area. Action 2.2 — By 2016, the County will commit up to $250,000 of SHIP funds as a match for CDBG funds. Action 2.3 — Each year, the County will coordinate with community leaders and, through Gifford civic organizations and places of worship, distribute SHIP program informational packages that provide information regarding the County's rehabilitation assistance program to Gifford residents. Community Development Indian River County 69 Gifford Neighborhood Plan 2014 Action 2.4 — Each year, the County will target SHIP rehabilitation program efforts for Gifford residents, especially east Gifford residents. Action 2.5 — Each year, the County will coordinate with community leaders to identify Gifford residents interested in forming a voluntary neighborhood association and will assist the residents in forming the association. Action 2.6 — At least twice a year, the Progressive Civic League of Gifford will organize community day clean ups in the Gifford area and will coordinate with the County Solid Waste District which will provide dumpsters for each clean up day event. Objective 3. Demolition or Repair of Dilapidated Housing Units and Unsafe Structures By 2016, at least 10 dilapidated residential units or unsafe structures in east Gifford will have been demolished or repaired, and by 2020, at least 30 dilapidated residential units or unsafe structures in east Gifford will have been demolished or repaired. Action 3.1 — In 2014, and each year thereafter through 2020, County Code Enforcement, in coordination with community leaders, non-profit housing assistance organizations, the Health DEpartment,and the Building Department, will identify 5 or more dilapidated housing units or unsafe structures, notify the owners to fix or demolish the dilapidated units or unsafe structures, and initiate the County's building condemnation and demolition process when appropriate. Generally, dilapidated wood houses will be demolished, and concrete block houses will be rehabilitated whenever appropriate. Action 3.2 — By 2015, County Code Enforcement, in coordination with the Building Division, will prepare and distribute to Gifford residents and owners of rental properties in Gifford a user-friendly brochure regarding property maintenance rules and how to report suspected maintenance violations to County Code Enforcement. In addition, the County will provide an informational link to the information on the County's website. Action 3.3 — By 2018, the County will apply for CDBG funds for demolition or repair of dilapidated housing units and unsafe structures in the east Gifford area. Action 3.4 — By 2015, the County will coordinate with community leaders and identify ways to stabilize post -demolition sites that include weed -related nuisances through weed removal, weed -control, grass -seeding, or similar techniques performed as part of the demolition project, and will include such techniques as part of demolition project scopes of work, where appropriate. Community Development Indian River County 70 Gifford Neighborhood Plan 2014 Objective 4. Housing Ownership By 2020, the number of owner occupied housing units in east Gifford will have been increased by 50 units. Action.4.1 — At least once each year, County staff will coordinate with community leaders and meet with residents in east Gifford to present information regarding the County's downpayment/closing cost loan assistance SHIP program. Action 4:2— At least once each. year, County staff will assist, and local financial institutions will host a housing fair in Gifford to inform Gifford residents of available housing loan programs, to provide housing assistance information, and to provide personal contact information. ECONOMIC DEVELOPMENT/ EMPLOYMENT/VOCATIONAL TRAINING Economic Development/ EmploymentfVocational Training Background and Strategy: One of the most significant issues - facing Gifford is unemployment and under -employment. Because unemployment and underemployment are contributors to crime, poverty, poor housing conditions, and other problems, reducing unemployment and under employment can __ significantly improvecommunity conditions. Currently, areas adjacent to Gifford have some of the highest concentrations of jobs in the County. To solve the unemployment and under employment problem in Gifford, more jobs need to be created. In addition, Gifford residents must be better trained to qualify for jobs and be brought together with potential employers to have good access to jobs. These solutions will require action by the County Chamber of Commerce with respect to job creation, and the School Board, Indian River State College, and various work force agencies with .respect to providing vocational pathways and job training, and promoting commercial/industrial development within Gifford area. Objective 5. Economic Development/Employment/Technical Training By 2020, Gifford's unemployment rate will be 2 percentage points lower than the five year average for 2007-2011 (11.10%) by implementing the following actions. In addition, by 2020, the Community Disadvantage Index for Census Tract 503.02 (Gifford area) will be lower than the current index of 10, by decreasing the percentage of persons below the federal poverty line and by reducing the percentage of persons receiving public assistance such as food stamps, through the following actions that will lead to improved educational attainment and employment opportunities. Community Development Indian River County 71 Gifford Neighborhood Plan 2014 Action 5.1 - The County will promote appropriate commercial and industrial development by expediting review of permits for commercial and industrial development in Gifford, and by applying for CDBG funds whenever possible to fund infrastructure and building improvements to serve commercial and industrial uses in Gifford. Action 5.2 — As the City of Vero Beach continues to promote industrial development on Airport property, the County will coordinate with qualified businesses wanting to locate on airport property and provide economic development incentives for such businesses. Action 5.3 - The Indian River County Chamber of Commerce will continue to promote Gifford as being part of the Enterprise Zone and will encourage businesses to participate in job fair and job apprenticeship activities that serve Gifford. Action 5A:- The County will continue to provide businesses that expand or locate within the Enterprise Zone with a 10% bonus as part of the County's job grant program. In addition, the County will continue to provide bonus scoring and associated increased award amounts for tax abatement applications for businesses that expand or locate within the Enterprise Zone. Action 5.5 - The County and Chamber will providetechnical assistance to minority owned businesses in Gifford by helping business owners and representatives apply for economic development funding from applicable local, County, state, and federal programs. Action 5.6 — By 2015, the County will request that the School District and Indian River State College maintain and consider expanding their technical/vocational programs offered to Gifford area residents. Action 5.7 — The Career Source Mobile Unit recently has been and will continue to be set up at the Gifford Youth Activity Center at least one day a week to assist Gifford residents in finding jobs, preparing resumes, and preparing for job interviews. Action 5.8 — Each year, the Chamber in coordination with the Progressive Civic League of Gifford will host a job/apprenticeship fair in Gifford. The County, the Progressive Civic League of Gifford, and the Chamber will contact and recruit local businesses to participate in Gifford job/apprenticeship fairs. Action 5.9 — By 2015, the County will request that the School District consider coordinating with the Gifford community regarding the District's recruitment of minority teachers, the District's Zero Tolerance policies, and practices, and other school related issues of interest to the District or residents. Action 5.10 - At least once a year, the County will hold a procurement workshop in Gifford and encourage Gifford residents and businesses to apply for available County jobs. At each workshop, the County will also present its minority recruitment policy and conduct recruitment activities. The Progressive Civic League of Gifford will assist with informing residents of each workshop. Community Development Indian River County 72 Gifford Neighborhood.Plan 2014 Action 5.11 — Each year, the Progressive Civic League of Gifford and other organizations active in Gifford will host a community meeting with School District staff, parents, and students, to identify ways to improve Gifford's student performance and high school graduation rate. Action 5.12 — Each year, the Gifford Youth Activity Center (GYAC) will evaluate its computer usage by Gifford residents and ensure that there are sufficient computers at the GYAC for all potential users. Action 5.13: - The County and the Chamber will support continuation of the Enterprise Zone and educate Gifford residents and businesses regarding the incentives available through the Enterprise Zone designation by holding at least one education meeting per year in Gifford. Action 5.14: - By 2015, the County will request that the Chamber consider providing chamber membership discounts for Gifford businesses located within the Enterprise Zone. ILLEGAL USES AND NON -CONFORMITIES, LAND USE COMPATIBILITY Land Use Compatibility, Illegal Uses and Non -Conformities Background and Strategy: To maintain the integrity of a community, illegal land uses must be identified and eliminated and non -conformities must be eliminated or upgraded and brought closer to compliance with current codes: In addition, codes must be periodically evaluated and sometimes revised to adequately address compatibility. In Gifford, illegal rooming houses and bars disrupt neighborhoods, reduce property values, and inhibit investment. It is important not only to remove those illegal uses, but also to prevent their re-establishment. To eliminate illegal uses, address non -conformities, and address land use incompatibilities, the County will use its regulatory authority. This will involve multi -agency sweeps, code enforcement action,, coordination with local community groups and organizations, evaluation and revision of codes when warranted, and implementation of codes. To ensure compatibility with surrounding residential areas, the County must apply and enforce its non -conformities regulations in Gifford, and complete the West Gifford Industry and Commerce (WGIC) initiative to revise the list of permitted uses in the West Gifford industrial area and implement those revised regulations. In addition, to promote and adequately regulate the return of a traditional use in Gifford, the County will consider changing its zoning code to allow temporary fruit and vegetable sales, as well as food vending, in certain locations in Gifford. Community Development Indian River County 73 Gifford Neighborhood Plan 2014 Objective 6. Illegal Uses, Non -Conformities, and Land Use Compatibility By 2017, all illegal uses in Gifford will have been eliminated, and by 2020 all non -conformities will be eliminated or upgraded to be brought closer to compliance with current codes. Action 6.1 — Each year, County Code Enforcement will coordinate with the Sheriffs Office, the Building Division, the Fire Division, and the Health Department to target, plan, and conduct regular enforcement sweeps of suspected illegal uses (use violations) and violations of environmental regulations in Gifford. Action 6.2 — County Code Enforcement will initiate or assist in the initiation of appropriate enforcement action against identified illegal uses. Action. 6.3 — County Code Enforcement will regularly monitor properties against which code enforcement action has been taken to ensure on-going code compliance. Action 6.4 — By 2014, the County will revise its Land Development Regulations (LDRs) to prohibit heavy industrial uses such as sawmills, steel mills, textile mills, landfills, and cement manufacturing plants, to strictly regulate concrete batch plants and demolition debris facilities, and to specially regulate new mulching operations and mulch operation expansions in the West Gifford industrial area located between 43`1 Avenue and 58th Avenue. Action 6.5 - By 2015, the County will consider revising its Land Development Regulations (LDRs) to allow food and produce vendors for weekend markets and special events in designated areas in Gifford, subject to special temporary use regulations. INFRASTRUCTURE Infrastructure Background and Strategy: Adequate infrastructure is important for every community. In the early 1980's in Gifford, most of the public streets were paved and a system of water and sewer lines were installed. Street lighting and sidewalks exist along major roads, although some critical gaps exist. Drainage problems occur in some areas. Maintenance of existing facilities is needed and there is also a need to construct additional infrastructure in some areas. Most important is beautification of Gifford's "Main Street" (45th Street aka Martin Luther King Jr. Boulevard), filling-in sidewalk gaps and gaps in street lighting coverage, road resurfacing, and targeted drainage improvements. In most cases, the County is responsible for these activities. Some activities, such as road resurfacing, are being undertaken on a regular basis according to a Countywide schedule. Other activities, such as 45th Street beautification and sidewalk construction, involve special projects and sometimes special funding. Besides conducting Community Development Indian River County 74 Gifford Neighborhood Plan.2014 maintenance activities, the County will provide various infrastructure improvements and enhancements that serve the Gifford community. Objective 7. Sidewalk Improvements By 2017, there will be continuous sidewalks in place along 45th Street, from 43rd Avenue to U.S. #1 and by 2021 along 45th Street from 43rd Avenue to 58th Avenue, and by 2021 along 43rd Avenue from 49th Street to 26th Street/Aviation Boulevard, and by 2024 along 41" Street and 49th Street from 58th Avenue to U.S. #1. Action 7.1 — Each year, through 2020, the MPO will determine if any funding opportunities are available for sidewalks and trails in the Gifford area, and will apply for any available funds. The MPO will notify the Progressive Civic League of Gifford of potential funding opportunities. Action 7.2 — By 2018, the County will repair and connect the sidewalk along 43rd Avenue between 41" Street and 49th Street, and by 2020 the County will construct a sidewalk along 43rd Avenue from 41" Street to 26th Street/Aviation Boulevard. Action 7.3 — By 2017, the County Public Works Department will repair, connect, and construct the sidewalk along 45th Street, from 43rd Avenue to U.S. #1 and by 2021 along 45th from 43rd Avenue to 58th Avenue, where necessary right-of-way is available (has been acquired). The County will seek to install segments of a 45th Street sidewalk between 43rd Avenue and 58th Avenue prior to 2021. Action 7.4 — By 2024, the County Public Works Department will repair, connect, and construct a sidewalk along 41' Street from 58th Avenue to U.S. #1, and a sidewalk along 49th Street from Fire Station 12 to U.S. #1, where necessary right-of-way is available (has been acquired) and adequate funding has been obtained. Objective 8. Street Maintenance All publically dedicated streets in Gifford will continue to be adequately maintained through resurfacing projects. Adequate maintenance is defined as a ranking of 1, 2, 3, or 4 on the Road and Bridge Roadway Maintenance Condition Inventory which ranks road conditions 1-5 from best to worst. Roads ranked in 2014 as a 4 or 5 include 34th Avenue from 45th Street to 49th Street, 35th Avenue from 47th Street to 49th Street, and 38th Avenue from 45th Street to 47th Street. Action 8.1 — Each year, the County Road and Bridge Division will monitor publicly dedicated street conditions in Gifford, rank projects for resurfacing and/or repair, and schedule resurfacing projects for roadways ranked 5. Each year, a copy of the latest annual report and any resurfacing schedule will be provided to the Progressive Civic League of Gifford. Community Development Indian River County 75 Gifford Neighborhood Plan 2014 Action 8.2 — Each year, the County Road and Bridge Division will repair or resurface any publicly dedicated street in Gifford with a ranking of 5. Priority will be given to resurfacing 34th Avenue north of 45th Street. Action 8.3 — By 2020, the County Public Works Department will resurface 45th Street from U.S. #1 to 43rd Avenue. Action 8.4 — On an on-going basis, the County Road and Bridge Division will investigate all pothole complaints and fix potholes on publically dedicated streets in Gifford. Action 8.5 — By 20.16, the Progressive Civic League of Gifford will coordinate with property owners along 32nd Avenue north of 43r1 Street, and 35th Avenue north of 45th Street, to obtain commitments for right-of-way donations so that those roads can be considered for dedication to and acceptance by the County for improvement and maintenance. Action 8.6 — By 2020, the County Public Works Department will pave 32nd Avenue north of 43r1 Street, and 35th Avenue north of 45th Street if needed rights-of-way are donated to and accepted by the County and adequate funding for paving has been obtained. Objective 9. 45th Street "Main Street" Beautification and Improvements By 2020, 45th Street will be improved and beautified as Gifford's "Main Street". Action 9.1 — By 2014, the County will design a phased improvement and beautification plan for 45th Street between 43`d Avenue and U.S. #1, with input from Gifford residents at a community meeting in Gifford. Action 9.2 — By 2016, the County will improve and beautify the segment of 45th Street from 43rd Avenue to U.S. #1 with "Phase 1" improvements consisting of the following: • Widened shoulders/bike lanes (both sides of 45th Street) • Street lights, as needed,to fill-in street lighting coverage gaps • Curbing improvements along certain portions of the north side of 45th'Street • Re -surfaced sidestreet approaches on the north side of 45th Street, where appropriate • Hardscape and landscaping improvements along certain portions of the north side of 45th Street • Westbound right turn lane at 28th Court Action 9.3 — By 2018, the County will improve and beautify the segment of 45th Street from 43rd Avenue .to U.S. #1 with "Phase 2" improvements consisting of the following: Community Development Indian River County 76 Gifford Neighborhood Plan 2014 • Culverting certain portions of the canal on the south side of 45th Street • Landscaping improvements along the south side of 45th Street in the.culverted areas, where appropriate Action 9.4 — By 2015, the County will seek any needed right-of-way or easement with assistance from. the Progressive Civic League of Gifford from property owners along 45th Street necessary for the 45th Street beautification project east of 43rd Avenue and for 45th Street sidewalk improvements west of 43`d Avenue. Objective 10. Traffic/Safety Improvements By 2020, traffic safety improvements in Gifford will be identified and completed, and by 2016 appropriate school safety improvements at Gifford Middle School will be identified. Action 10.1 — In 2015, 2017, and 2019, the County Traffic Engineering Division will monitor traffic volumes and crash rates of all major intersections in Gifford. When warrants are met, a schedule will be developed for signalization. Each report, along with any schedule, will be provided to the Board of County Commissioners and to the Progressive Civic League of Gifford. Action 10.2 — By 2018, the County will signalize and/or improve the 58th Avenue/45th Street and 58th Avenue 49th Street intersections, if adequate right-of-way has been obtained. The Progressive Civic League of Gifford will assist the County during the right-of-way acquisition process. Action .10.3 - By 2016, the County will coordinate with the School District to identify appropriate school zone safety improvements such as improved signing and school drop-off and pick up area improvements at Gifford Middle School, and will coordinate with the District on providing identified improvements in a timely manner. Objective 11. Drainage Improvements By 2020, there will be adequate drainage systems in Gifford neighborhoods to handle a 10 year/24 hour storm event, where adequate outfall can be obtained. Action 11.1 — By 2018, the County Public Works Department will identify all neighborhood drainage system problems in Gifford, evaluate potential solutions, and report its findings to the Progressive Civic Leagueand the Board of County Commissioners. Action 11.2 — Each year, the County's Public Works Department will maintain the stormwater management system that serves the portion of east Gifford which is not part of the Indian River Farms Water Control District (IRFWCD). By 2019, the Public Works Community Development Indian River County 77 Gifford Neighborhood Plan 2014 Department will build ditches., canals, or other similar means that provide outfall from the subject area to the 4151 Street retention pond. [Relates to Action 14.5] Action 11.3 — Each year, the Indian River Farms Water Control District (IRFWCD) will continue to maintain its canals and drainage system within the Gifford area. Action 11.4 — Each year, the County's Public Works Department will share its list of locations with drainage problems with the Indian River Farms Water Control District (IRFWCD) and request any appropriate District maintenance activities or improvements needed to address drainage problems. Action 1.1.5 — Each year, the Progressive Civic League of Gifford will encourage Gifford residents to monitor all canals and stormwater facilities within Gifford and report any dumping of grass clippings or other debris into stormwater management facilities to Code Enforcement and to the Progressive Civic League of Gifford. Planning Division staff will provide updated Code Enforcement contact information to Gifford residents. Action 11.6 — Each year, the Progressive Civic League of Gifford will encourage residents to notify the County Public Works Department and IRFWCD of clogged culverts or slow moving water in ditches. Planning Division staff will provide updated County Public Works and IRFWCD contact information to Gifford residents. Action 11.7 — By2017, the County Public Works Department will coordinate with the Indian River Farms Water Control District and develop a scope of work for culverting the canal on the south side of 45th Street, east of 43rd Avenue, in segments and as a whole project. In addition, after a scope of work for culverting is developed, the County and MPO will seek funding for culverting improvements. Action 11.8 — 13y 2017, the County's Public Works Department will coordinate with the Indian River Farms Water Control District (IRFWCD), identify any appropriate safety barriers along canals in Gifford that are warranted by accident data and that the .District will allow, and report its findings to the Board of County Commissioners and the Progressive Civic League of Gifford. Findings shall include an evaluation of culverting improvements associated with Action 9.3. Objective 12. Street Lighting By 2017, major streets within Gifford will have streetlighting without any gaps in lighting coverage. Community Development Indian River County 78 Gifford Neighborhood Plan 2014 Action 12.1 — By 2015, the County's Public Works Department will meet with the Progressive Civic League of Gifford and Gifford residents and will develop a plan for enhanced street lighting in Gifford, the cost of which will be paid through the Gifford street lighting district. Action 12.2 — By 2016, as requested by Gifford residents, the County's Public Works Department will coordinate with street lighting providers to provide street lighting at 41St Street /32nd Avenue, along 49th Street from 58th Avenue to U.S. Highway #1, and any other street lighting improvements identified in the Action 12.1 street lighting plan for which adequate funding has been obtained. Objective 13. Park Improvements By 2016, parks and public places in Gifford will be improved to increase opportunities for recreational and community activities for Gifford residents, and by 2018; the County will consider the feasibility of building a boat ramp at Gifford Dock park. Action. 13.1 — By 2015, the Parks Division will clean and remove debris, trim Australian pine trees, repaint picnic tables and benches, clean and enhance picnic areas, clean and repair playground equipment, and repaint and change nets atbasketball courts in the. Hosie - Schumann Park, and by 2016, the Parks Division will build or schedule for construction a pavilion in the Hosie -Schumann park. Action 13.2 — By 2016, the Parks Division will improve the football field; the senior league baseball field, and the little league field by adding topsoil, grade and sprigged fields with Bermuda grass, additional irrigation, a new score board, concession stand upgrades and other improvements within Gifford Park. Parks Division also will install security lights from the park entrance to little league field. Action 13.3 - The Parks Division and Sheriffs Office will maintain a Sheriff's Office security unit at Gifford Park, as needed. Action 13.4 — The Parks Division will maintain the Gifford park ball fields play area, dugout, and lighting on an on-going basis. Action 13.5 — The Parks Division will maintain, replace, and repair playground equipment, as needed, in Gifford park and Hosie Schumann park. Action 13.6 — By 2016, the County will prepare plans, seek FDEP/EPA approval, and seek funding for redevelopment of the 41st Street Old Landfill Site for community and/or recreational uses. Action 13.7- By 2016, the Progressive Civic League of Gifford will invite representatives from the County Parks and Recreation Division, the Sheriff's Office, and the School District, along with residents to a meeting in Gifford to develop specific actions and assigned responsibilities for each action to ensure that parks and schools are safe for small children. Community Development Indian River County 79 Gifford Neighborhood Plan 2014 Action 13.8 — By 2018, the Public Works Department will study the feasibility of constructing a boat ramp at Gifford Dock Park and report its findings to the Board of County Commissioners and the Progressive Civic League of Gifford. Action 13.9 — By 2014, the County/MPO will apply for state funding to build a walking trail at.the Martin Luther King Park, and the County will commit local matching funds necessary for the state funding application. Objective 14. Funding By 2017, there will be multiple dedicated funding sources in place to fund infrastructure improvements in the Gifford area. Action 14.1 — By 2016, the County will consider establishing a Community Redevelopment Agency (CRA) district or a tax increment financing mechanism in an area within, Gifford to promote economic and community development. Action 14.2 — By 2016, the County will consider establishing in Gifford a Safe Neighborhood Improvement District (state authorized program) to reduce crime through innovative design techniques and improvements, and toapply for associated funding. Action 14.3 — By 2015, the County Public Works Department will apply for funding from Moving Ahead for Progress for the 21' Century Transportation Alternatives or other appropriate programs such as MAP -21 for bus stops, bike lanes, sidewalks, and traffic calming improvements in the Gifford area where adequate right-of-way exists. Action 14.4 — By 2015, the County Parks Division will apply for Florida Recreation Development Assistance Program (FRDAP) grants for maintaining and improving parks within the Gifford area. Action 14.5 — By 2019, the County's Public Works Department will utilize funds from the Municipal Service Benefit Unit East Gifford Stormwater Watershed Area for an additional stormwater improvement project, such as outfall ditches from low-lying areas to the 41St Street retention pond, for that area of Gifford that is not under the authority of a water control district. [Relates to Action 11.2] Community Development Indian River County 80 Gifford Neighborhood Pian 2014 CRIME PREVENTION AND. LAW ENFORCEMENT Crime Prevention Background Strategy: Reducing Gifford's crime rate is an important component in achieving the overall plan goal. Like most community issues, crime reduction requires coordinated action by various groups and agencies. While many of this plan's strategies including code enforcement, infrastructure improvements, and improved street lighting, may help reduce the crime rate, there is still a need for coordinated, targeted, and sustained crime -prevention actions. Those efforts will involve the Sheriff's Office maintaining its current level of resource commitment to the Gifford area, the County coordinating and continuing its code enforcement activities, and residents cooperating with law and code enforcement agencies. Objective 15. Crime Prevention and Law Enforcement By 2018, the crime rate in Gifford will be ten percent lower than 2013 levels. Action 15.1 — Each year through 2020, the Sheriff's Office will maintain its current level of resource allocation for law enforcement in Gifford. Action 15.2 — Each year through 2020, the County will coordinate with the Sheriff's Office in order to focus code enforcement activities on sites with code violations which contribute to or have the potential to contribute to Gifford's crime rate. Action 15.3 - The Sheriff's Office will enforce all posted speed limits in Gifford. Action 15.4 - The Sheriffs Office will conduct enforcement actions against noise, including loud music that violates codes, drug dealing, and traffic violations. Action 15.5 — Each year through 2020, County Code Enforcement staff will attend one or more COPE meetings as needed in order to coordinate code enforcement efforts with the Sheriff's Office. 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Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Ocean DEPARTMENTA Resolution Opposing Seismic Airgun Testing in the Atlantic DATE: December 1, 2015 DESCRIPTION AND CONDITIONS At the August 17, 2015 Beach and Shore Preservation Advisory Committee (Beach Committee) meeting, a motion was approved requesting that the Board of County Commissioners support a resolution to the Bureau of Ocean Energy Management (BOEM) to ban seismic airgun testing and to consider other ways to conduct testing for oil and natural gas that are not harmful to marine wildlife. On November 3, 2015, at the request of the Beach Committee, Ms. Erin Handy from Oceana presented to the County Commissioners the potential negative effects Seismic Airgun Testing had on Indian River County's ocean environment. During the presentation, Commissioner Solari asked if anyone from BOEM and/or the oil and natural gas industry was present to discuss, from an opposing perspective, the effects seismic airgun testing had on marine life. No representatives from BOEM and/or the oil and natural gas industry were present. Following Ms. Handy's presentation, the Commission directed staff to draft a Resolution that banned seismic airgun testing and supported use of more passive lower -impact alternative technologies to explore oil and natural gas deposits. A draft Resolution has been developed for the Board's consideration and approval. Staff attempted to contact oil and natural gas industry representatives to gather any additional information they might have on the effects seismic airgun testing had on marine mammals, however staff was unable to reach anyone with pertinent information. F.\Public WorksUamesG\Beach and Shore Perservation Advisory Committee\2015 - Committee Updates\BOEM Letter\Resolution\Seismic Airgun Testing Resolution Agenda Item I2-8-15.docx 209 Page 2 BCC Agenda Item Resolution opposing seismic airgun testing December 8, 2015 Staff researched seismic airgun testing on the BOEM website and was able to find published science notes from William Y. Brown, Chief Environmental Officer, BOEM relative to potential marine mammal impacts. BOEM Science Notes from August 22, 2014 and March 9, 2015 are attached to this agenda item. In summary, BOEM states the following relative to seismic air gun testing: • Our bureau has stated publicly that it will not consider issuing any air gun seismic survey permits in the Atlantic unless applicants have first obtained Marine Mammal Protection Act (MMPA) authorization from the National Oceanic and Atmospheric Administration (NOAA), including the required finding of no adverse effect on marine mammal species or stocks. • BOEM has no documented scientific evidence of adverse effects on population sustainability. • BOEM will keep researching for adverse effects of oil and gas activities on the environment, including sound. RECOMMENDATION Staff recommends the Board support the Beach Committee's request and approve the attached Resolution opposing seismic airgun testing and support more passive lower - impact alternative technologies to explore oil and natural gas deposits. ATTACHMENTS 1. Resolution 2. BOEM Science Notes and Fact Sheets APPROVED AGENDA ITEM FOR December 8, 2015 Indian River County Approved Date Administration f) iji) Budget 1 / (42 0,.. Legal h!�:' `` TT' �1 )?'L'IS Public Works C*"`- a .2 -/s Coastal Engr. Division 46 121j115 F -\Public WorksUamesG\Beach and Shore Perservation Advisory Committee\2015 - Committee Updates\BOEM Letter'Resolution\Seismic Airgun Testing Resolution Agenda Item I2-8-15.docx 210 App/ied scievice for iiforrnied deasion makiHg Dear Reader August 2Z 2014 It has been just over a month since BOEM released a Record of Decision -- or ROD -- on the Mid- and South Atlantic Geological and Geophysical (G&G) Activities Programmatic Environmental Impact Statement, or PEIS for short. And there's been a lot of attention on both sides of this complex issue. I wanted to take some time to clear up a few misperceptions about the bureau's decision and what it means. As a scientist who has spent a good part of my career working in non-governmental environmental organizations and in industry, I understand and appreciate advocacy. At the same time, I believe that everyone benefits by getting the facts right. BOEM has the legal responsibility to protect marine species and ecosystems from harm by the energy exploration and development which we regulate, and that is a responsibility which I embrace without reservation. Since 1998, BOEM has partnered with academia and other experts to invest more than $50 million on protected species and noise -related research. The bureau has provided critical studies on marine mammals, such as researching seismic survey impacts on sperm whales, and BOEM has conducted many expert stakeholder workshops to discuss and identify information needs on acoustic impacts in the ocean. As noted below, the bureau's decision requires a set of protective measures that will be used in site-specific permits for any future G&G activities in the Atlantic. BOEM will conduct site- specific environmental reviews for any permit applications. These reviews will include coordination and consultation with federal, state and tribal authorities under a variety of additional statutory requirements. In particular, any "taking" of a marine mammal requires authorization from the National Oceanic and Atmospheric Administration, or NOAA, separately from BOEM, and that authorization requires NOAA to find that there is no more than "negligible impact" and no adverse effects on marine mammal species or stocks. Below, please find our latest edition of Science Notes that I hope will help to clarify the facts on BOEM's recent decision and the science behind it. As always, your feedback is important to us, so please feel free to contact us at boemoublicaffairst�boem.00v. Sincerely, William Y. r3rowvt Chief Environmental Officer, Bureau of Ocean Energy Management 211 1 The Science Behind the Decision Answers to Frequently Asked Questions about the Atlantic Geological and Geophysical Activities Programmatic Environmental Impact Statement (PSIS) Will air guns used in seismic surveys kill dolphins, whales and sea turtles and ruin coastal communities? To date, there has been no documented scientific evidence of noise from air guns used in geological and geophysical (G&G) seismic activities adversely affecting marine animal populations or coastal communities This technology has been used for more than 30 years around the world It is still used in U S waters off of the Gulf of Mexico with no known detrimental impact to marine animal populations or to commercial fishing While there is no documented case of a marine mammal or sea turtle being killed Bottlenose dolphin from the Atlantic AMAPPS study by the sound from an air gun, it is possible that at some point where an air gun has been used, an animal could have been injured by getting too close Make no mistake, airguns are powerful, and protections need to be in place to prevent harm That is why mitigation measures -- like required distance between surveys and marine mammals and time and area closures for certain species -- are so critical Is it true that the air guns are 100,000 times louder than a jet, and if so, won't they kill or deafen marine life? A large air gun is loud, although it is not 100,000 times louder than a jet. Measured comparably in decibels, an air gun is about as loud as one jet taking off Scientists who specialize in acoustics confirm that sounds in water and sounds in air that have the same pressures have very different intensities (which is a measure of energy produced by the source) because the density of water is much greater than the density of air, and because the speed of sound in water is much greater than the speed of sound in air. For the same pressure, the higher density and higher speed make sound in water less intense than sound in air. We do not know what a whale, dolphin, or turtle actually experiences when it hears an air gun. Many marine mammal species -- but not the baleen whales including North Atlantic right whales -- have reduced sensitivity to sound signals that are in the same frequency range as airplanes and air gun arrays. Some whales appear to move away from surveys, indicating that they probably don't like the noise, but bottlenose dolphins have often been observed swimming toward surveying vessels, and ride bow waves along the vessels Is it true that the government's own scientists expect 100,000 injuries or deaths of marine life if seismic surveys go forward? This statement misrepresents the facts. When our scientists began to look at possible impacts of seismic surveys, they first looked at what might happen if no measures were taken to mitigate or avoid possible injury to marine mammals Next they began to look at what could be 212 done to avoid harm, such as avoiding migration routes and stopping surveys if vessels get close enough to marine mammals to possibly injure their hearing After a thorough, public process, the Department selected a preferred alternative that included the most restrictive mitigation measures that would allow surveys to take place We expect survey operators to comply with our requirements and, if they do, seismic surveys should not cause any deaths or injuries to the hearing of marine mammal or sea turtles. Another source of confusion is about what a "take" is. As defined by Federal law, a "take" of a marine mammal, unsurprisingly, includes causing its death However "take" also includes not only injury to hearing but also any disturbance to an animal that may disrupt its behavior BOEM has published numbers of potential "takes," and the highest numbers are based on potential for behavioral effects, such as temporarily leaving survey areas. These behavioral effects have not been linked to negative impacts on populations. In fact, the same Federal law defining "take" of a marine mammal prohibits all taking unless the NOAA has determined that the taking will have no more than "negligible impact" and no adverse effects on marine mammal species or stocks BOEM cannot authorize air gun surveys which "take" marine mammals unless the surveys are also authorized by NOAA and meet this requirement. BOEM also consulted with both NOAA and the U.S. Fish and Wildlife Service under the Endangered Species Act to develop mitigations that would limit any potential impacts to endangered and threatened species, including baleen whales and sea turtles Does this decision mean that the federal government is opening the entire Atlantic coast up for offshore oil and gas drilling? The decision to authorize G&G activities for all three program areas (oil and gas, renewable energy and marine minerals) does not authorize leasing for oil and gas exploration and development in the Atlantic. Those decisions will be addressed through the development of the next Five Year Program for oil and gas leasing BOEM is at the beginning of the process to develop that program pursuant to the Outer Continental Shelf Lands Act. The planning process will take two -and -a -half to three years to complete and will offer many opportunities for the public to provide input. Completion of the PEIS and BOEM's selection of the strongest environmental alternative and its documentation in the decision (ROD) do not themselves authorize any specific activities. Nor does this make any decision about future leasing The bureau's decision requires a set of protective measures that will be used in site-specific permits for any future G&G activities in the Atlantic BOEM will conduct site-specific environmental reviews for any permit applications. These reviews will include coordination and consultation with federal, state and tribal authorities under a variety of additional statutory requirements. In particular, any "taking" of a marine mammal requires authorization from NOAA, separately from BOEM, and that authorization requires NOAA to find that there is no more than "negligible impact" and no adverse effects on marine mammal species or stocks. Click here for the fact sheet on Atlantic G&G Surveys Record of Decision - BOEM - The Bureau of Ocean Energy Management (BOEM) promotes energy independence, environmental protection and economic development through responsible, science -based management of offshore conventional and renewable energy resources. 213 App/led science for informed decision making March 4, 201S Dear Reader. In August 2014, BOEM published a Science Note addressing a few fundamentals about impacts of seismic air gun surveys on marine mammal populations. The surveys are used to characterize sub -seabed geology, including oil and gas resources but are also used for our marine minerals program and renewable energy One sentence in the Science Note has generated some dialogue: "To date, there has been no documented scientific evidence of noise from air guns used in geological and geophysical (G&G) seismic activities adversely affecting animal populations." BOEM's conclusion regarding the impact of these surveys is in stark contrast with public statements citing BOEM research and asserting that many thousands of marine mammals will be killed or injured through these surveys. For example, one web posting states that "Seismic air gun testing currently being proposed in the Atlantic will injure 138,000 whales and dolphins and disturb millions more, according to government estimates." This characterization of our conclusion, however, is not accurate, that is actually not what we estimate. I hope that providing background and discussion on BOEM's conclusion and the numbers may help those who follow this issue to understand our position. I'll begin with an overview of a few key legal terms. Terms of the Marine Mammal Protection Act (MMPA) Three MMPA terms are key to this conversation. First, a "take" of a marine mammal under the MMPA is defined as follows: "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal." The MMPA defines the term "harassment" to mean "[A]ny act of pursuit, torment, or annoyance which - (i) has the potential to injure a marine mammal or marine mammal stock in the wild [referred to in the MMPA as 'Level A harassment']; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [referred to in the MMPA as 'Level B harassment']." MMPA Sec. 3 (18) In other words, a "take" can mean an act that kills or injures a marine mammal, but it can also mean an act that does no more than have the potential to disturb a marine mammal. Second, it is important to recognize that the MMPA prohibits the take of marine mammals as a result of permitted activities - referred to in the statute as "incidental take" -- unless that take will have no more than "negligible impact." In particular, section 101 (5) of the MMPA prohibits incidental "taking" of a marine mammal, including Level A and Level B harassment, unless the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration (NOAA), determines that the taking will have no more than "negligible impact" on the species or stocks affected. NOAA regulations define negligible impact to mean "an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival." By definition, then, the impact analysis is measured on the "species or stock," not on an individual animal. Our bureau has stated publicly that it will not consider issuing any air gun seismic survey permits in the Atlantic unless applicants have first obtained an MMPA authorization from NOAA, including the required finding of no adverse effect on marine mammal species or stocks. "Optimum sustainable population" or OSP is a third key MMPA concept. Obtaining optimum sustainable populations is a stated goal of the MMPA, and OSP is defined by the statute to mean, "with respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element." OSP is about populations, not individuals. 214 No Documented Scientific Evidence of Adverse Effects on Population Sustainability With these three terms in mind, it is critically important to understand that BOEM's conclusion in our August 2014 Science Note, and its Programmatic Environmental Impact Statement (PEIS), refers to effects on population sustainability, rather than effects on individual animals. We know from studies by BOEM and others that marine mammals can react to sound, sometimes moving away and sometimes changing their vocalizations. One prominent concern is whether anthropogenic sounds may "mask" communications between some marine mammals. However, as BOEM concluded in the PEIS, and reiterated in the 2014 Science Note, potential finks between these effects and the sustainability of species or stocks have not been demonstrated. For example, because of its abundance, the bottlenose dolphin heads the class in number of potential exposures to air gun sound levels with potential effects on behavior Yet Federal stock assessments for the dolphin do not identify air gun seismic surveys as adversely impacting stock sustainability in the Gulf of Mexico, where air gun surveys are routine. It is also important to understand that BOEM does not expect that 138,000 individual marine mammals, or anything close to that number, will have their hearing injured by air guns if seismic surveys are permitted on the Atlantic Outer Continental Shelf BOEM published numbers for potential air gun survey "takings" of marine mammals in its PEIS. The highest numbers estimated for a particular species are for the bottlenose dolphin, as noted above, and in its case the PEIS estimated potential for Level A takings of up to 11,748 individual bottlenose dolphins a year from air gun surveys and potential for up to 1,151,442 Level B takings. But the number of modeled "takes" in the PEIS is by design highly over-estimated to err on the side of protection, and it does not consider key mitigation measures that will be required to prevent "taking." One such requirement, for example, is that seismic survey vessels maintain "exclusion zones" around vessels whose boundaries are set to avoid any injury to marine mammal hearing. If a marine mammal enters the zone, or appears on a course to enter, trained observers call for immediate shut down of the air guns until the animals are clear of the area. Therefore, even those numbers included in the PEIS are far in excess of those takes we anticipate, given the mitigation measures that will be employed. Need for More Research A final point warrants mention. BOEM does not and should not assume that lack of evidence for adverse population -level effects of air gun surveys means that those effects may not occur What we know is a function of the effort and intelligence put into evaluating effects as well as what is actually happening in nature. Since 1998, BOEM has invested over $50 million on protected species and noise - related research, including marine mammals. We have also convened workshops for acoustic experts to help us identify questions for future research. But BOEM needs to keep looking -- hard and well -- for adverse effects.of offshore oil and gas activities on the environment, including sound. And we have asked our environmental studies program to make this a priority I'll conclude by noting that BOEM's 2014 Science Note has been cited publicly by both industry and environmental NGOs alike in presenting their respective positions on seismic surveys. BOEM is responsible for providing environmental safeguards in development of offshore resources, and our Science Note was intended to help the public understand our thinking on that task. I hope this follow-on Science Note is a helpful explanation. As always, your feedback is important to us, so please feel free to contact us. Sincerely, William Y. 13rowm. Chief Environmental Officer, Bureau of Ocean Energy Management The Bureau of Ocean Energy Management (BOEM) promotes energy independence, environmental protection and economic development through responsible, science -based management of offshore conventional and renewable energy resources. 215 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA OPPOSING SEISMIC AIRGUN TESTING IN THE ATLANTIC OCEAN WHEREAS, Indian River County is located on the Atlantic Coast of Florida and endeavors to be a good steward of the coastal environment, its natural resources, and its animals; and WHEREAS, residents have an expectation of a quality of life tied to that environment and demonstrated their concern for our ocean environment in Indian River County; and WHEREAS, seismic airgun testing is being proposed by the Bureau of Ocean Energy Management (BOEM) as a testing method for the exploration of oil and natural gas off the mid- Atlantic coast which includes Indian River County; and WHEREAS, seismic airguns fire intense blasts of compressed\ air, almost as loud as explosives, every 1-12 seconds twenty-four hours a day for days to weeks on end; these loud airgun blasts can be heard for many hundreds of miles and could injure or possibly kill thousands of marine mammals and fish, including the critically endangered Northern Atlantic right whale, and endangered and threated sea turtles; and WHEREAS, Southern Brevard and Northern Indian River Counties are one of the most dense nesting areas in the United States for threatened loggerhead and endangered green sea turtles; and WHEREAS, Indian River County is part of the Indian River Lagoon system which is a diverse estuary, home to more than 3,000 species of plants and animals; and WHEREAS, the full impacts of seismic testing and offshore drilling in the Atlantic Ocean are not yet fully understood by scientists, the oil and gas industry, BOEM, or the Federal Government, and more passive lower -impact alternative technologies may be available for exploration in the near future. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida opposes seismic airgun testing and urges BOEM to consider more environmentally passive alternatives for oil and gas exploration THE FOREGOING RESOLUTION was offered by Commissioner and seconded by Commissioner , and, being put to a vote was as follows Chairman, Bob Solari Vice Chairman, Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of , 2015. 216 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Indian River County, Florida Board of County Commissioners By Deputy Clerk Bob Solari, Chairman Approved: Jos h A. ,44,29(wci aird, County Administrator Approved as to Form and Leal Sufficienc illiam K. DeBraal, Deputy County Aorney 217 County Attorney's Matters - B C C. 12.8.15 Office of INDIAN RIVER COUNTY ATTORNEY /3 tg Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Ptngolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney c)(::-/ DATE: December 1, 2015 SUBJECT: Request for Closed Attorney -Client Session Relating to Indian River County et al. vs. Peter M. Rogoff et al. and AAF Holdings, LLC (Case No.: 1:15-cv-00460-CRC) and Indian River County v. Florida Development Finance Corporation and AAF Holdings LLC (Case No. 2015 AP 40) BACKGROUND. In accordance with Section 286.011(8), Florida Statutes the County Attorney requests that the Indian River County Board of County Commissioners (the `Board") schedule a closed attorney-client session concerning Indian River County et al. vs. Peter M. Rogoff et al. and AAF Holdings, LLC (Case No.: 1:15-cv-00460-CRC) and Indian River County v. Florida Development Finance Corporation and AAF Holdings LLC (Case No. 2015 AP 40) to be held on December 15, 2015 in the County Commissioners' Conference Room. Per Florida Statutes, the subject matter of the meeting shall be confined to settlement negotiations and/or strategy sessions related to litigation expenditures. The attendees at the session will be the Board, the County Administrator, the County Attorney, and a certified court reporter. Reasonable public notice will be given of the session. It is estimated that the session will last approximately 90 minutes. RECOMMENDATION. The County Attorney recommends that the Board schedule a closed attorney-client session to occur at 10:30 AM on December 15, 2015. APPROVED FOR DECEMBER 8, 2015 B.C.C. MEETING — ATTORNEY'S MATTERS GIS-�.r-------------�---�- COUNTY ATTORNEY F.1Anomry,li).laIGE\TR.4DB C C.4grrda.47rmo, Oil Aboard Ronda -Shade Alig Rrqurrr (2).docr 218 Indian River Co. Appr=ed Date Admin MIS!, MINI /. J)J/ f 1 1 I l S Co. Atty. Budget . [WA wirr Dept. - 1/1 ' --- Risk Mgr. Milti.--- 218 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pmgolt Cotner, Assistant County Attorney County Attorney's Matters - B C.0 12.8.15 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney ot)- DATE: November 25, 2015 SUBJECT: Lobbyist for 2016 Legislative Session BACKGROUND. On February 17, 2015, the Board of County Commissioners of Indian River County (the "Board") approved a contract with Anfield Consulting for lobbying services for the term of February 17, 2015 to December 31, 2015 for $90,000. Anfield Consulting is assisting Indian River County with various issues including legislation regarding the Florida Municipal Power Agency and obtaining funding for water projects. The County Attorney's Office recommends continuing to utilize Anfield Consulting during the 2016 Legislative Session. Anfield Consulting has requested an increase -in the compensation from $90,000 to $120,000. The term will be from January 1, 2016 to December 31, 2016. FUNDING. Funding for lobbyist services have been included in the BCC Office budget under the Other Professional Services Account Number 00110111-033190 for $70,000. Additional funding of $20,000 is available from General Fund contingencies. RECOMMENDATION. The County Attorney recommends that the Board enter into the proposed agreement with Anfield Consulting for lobbying services for the term of January 1, 2016 to December 31, 2016 and authorize the County Administrator to execute the agreement with Anfield Consulting. Approved for December 8, 2015 BCC Meeting County Attorney's Matters COUNTY ATTORNEY Attachment: Agreement for Professional Services F"Armrnrvle do,GE\FRADB C C Agendr.l/emorlabbAiur Corarac,dx 219 Indian River Co. App r ved Date Admin. j2. ,Z JS Co. Atty. '1. `\ Budget li( 0115j Department 1 Risk Management --- -- 219 1 �1 1 1LLJ -- 15 i�iL �S 7'a.tiry� �j z kid: �t L Fr s r Ur?"s : SY, Wit, AGREEMENT FOR PROFESSIONAL SERVICES This contract for professional services (hereinafter referred to as "Agreement") is by and between Anfield Consulting Group, Inc. a privately -owned corporation registered in the State of Florida (hereinafter referred to as "ANFIELD"), and Indian -River County of the State of Florida (hereinafter referred to as "CLIENT"). ANFIELD and CLIENT shall collectively be referred to as the "Parties." (1) Services: ANFIELD shall assist CLIENT with lobbying all relevant issues before the State Legislature and the Executive Branch including all relative agencies. Specific services shall include, tracking of legislation impacting the County, drafting legislation as needed, securing sponsors for bills and amendments and passage of same. Promoting and secure appropriations for projects as requested. In addition ANFIELD shall serve as a representative and spokesperson in meetings with state, regional and local governmental entities, members of the Florida Legislature, executive and legislative branch staff, and other stakeholders inFlorida. All representations made by ANFIELD on CLIENT'S behalf shall be subject to prior approval by CLIENT'S authorized representative, Joseph A. Baird, County Administrator or his designee. (2) Term and Compensation: The term of this Agreement will commence on January 1, 2016 and end December 31, 2016. CLIENT will pay ANFIELD the sum total of one hundred and twenty thousand dollars ($120,000.00) to perform the services specified in Section (1) (the total sum may also be referred to as the "fee"). Fee payment shall be made as follows: twelve (12) payments in the amount of ten thousand dollars ($10,000.00) each shall be payable monthly beginning with the following month, and upon receipt of an invoice from ANFIELD. All payments will be made by check or money order consistent with Section (3) of this Agreement. After consultation and with prior approval from CLIENT, ANFIELD may retain the services of third parties as necessary to successfully complete all assignments from CLIENT. Unless otherwise agreed to by CLIENT any additional representation shall be included under the terms of this agreement. The retainer and monthly fee payable to ANFIELD covers all incidental costs or fees related to services provided by subcontractors identified by ANFIELD and authorized by CLIENT for retention such as regular U.S. mail, copies, and telephone. However, ANFIELD shall be entitled to reimbursement in addition to the retainer and monthly fee for those additional expenses including but not limited to business travel, lodging, state or Page 1 of 3 local lobbying registration or renewal fees, express mail costs, costs of preparing presentation materials needed to represent the client, and similar related costs during the term of the agreement. ANFIELD will discuss such expenditures before incurring them and to receive prior authorization for said expenses from CLIENT'S authorized representative, Joseph A. Baird, County Administrator . (3) Issuance of Payments and Notice: CLIENT shall make checks payable to ANFIELD Consulting Group, Inc. and send payment(s) to: 201 West Park Avenue, Suite 100. Tallahassee, FL 32301. All written notices from CLIENT to ANFIELD shall also be sent to this address. (4) Renewal and Termination: This Agreement may be modified or extended only by a written document signed by both Parties. Conversely, either Party may terminate this Agreement prior to the date (if applicable) established in section (2) of this Agreement by providing written notice to the other Party thirty (30) days prior to the desired date of termination. CLIENT shall pay ANFIELD for any and all services and CLIENT approved expenses during the term of this Agreement up to, and until the established date of termination . In the event of early termination, the final amount to be paid shall be established on a pro -rata basis based on number of business days in a calendar year. If retainer and monthly fee exceed the pro -rata amount due, ANFIELD shall remit the difference within 30 days of termination in a check or money order payable to: Indian River County. (5) Governing Law: This Agreement is executed in the State of Florida and shall be construed, interpreted , and governed by the laws of such state, and by all applicable laws of the United States of America. (6) Confidentiality: ANFIELD acknowledges and understands that this Agreement and the services rendered to the CLIENT are confidential between the two Parties and that a violation or breach of confidentiality is cause for termination and other relief pursuant to section (5) of this Agreement. (7) Agreement Execution : The Parties, after reviewing, reading, and understanding the contents of this document, do hereby execute this Agreement by their respective signatures. This Agreement is effective as of the date of the last signaturebelow. For Anfield Consulting Group, Inc.: 12/02/2015 Albert Balido, Managing Member Date Executed Page 2 of3 221 For Indian River County: Joseph A. Baird, County Administrator Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney Page 3 of 3 222 Office of .grto,,,ej. lMMMaiien /2/(M'/20/ INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: December 2, 2015 SUBJECT: Approval of Amendment to Declaration of Restrictive Covenants from Property Exchange with Windsor Properties at the former Golden Sands Park In 2009, the County and Windsor Properties, with the permission of the Board of Trustees of the Internal Improvement Fund, completed a property exchange where Windsor Properties deeded to the County a 9.287 acre parcel of property located on the north barrier island, between State Road A1A and the Atlantic Ocean, which is now Golden Sands Park. In exchange, the County deeded to Windsor Properties a 9.287 acre parcel of property which was the former site of Golden Sands Park. The exchange made the property received by Windsor property contiguous with the Windsor development, thus, physically consolidating Windsor's ownership. As part of the exchange, Windsor constructed a new Golden Sands Park for the County, as the old park had been badly damaged in the hurricanes of 2004 and 2005 and provided a $1,000,000 contribution to be used for recreational purposes. The terms of the exchange had to be approved by the Governor and the Cabinet as it involved land purchased with State funds. Before the exchange could be completed, an amendment to the County's Comprehensive Plan had to be made in order to change the future land use designation and the zoning of the parcels. At the time of the exchange, Windsor had planned to continue construction of large ocean front estates on the 9 287 acres obtained from the County, and subsequently platted it that way but did not sell the lots. A copy of the 2011 plat is attached to this memo as Exhibit A Even though the underlying zoning on the Windsor property is RS -3, Residential Single Family, up to 3 single family residential units per acre, Windsor voluntarily agreed to limit the density to one unit per acre as outlined in the Declaration of Restrictive Covenants dated December 23, 2008, attached to this memo as Exhibit B and again in a letter from then Chairman tr:TOVED FOP ? Y-15 B.C.C. MEETING - F;E it t A \COUNTY ATTORNEY inei:n Rive! Ca Approved Dale Admin. Legal IIITAIrealei I .`. f�yO" Budget i`�I iL Dept 1NAI Risk Mgr _ 223 Amendment of Restrictive Covenants Windsor Properties December 2, 2015 Page 2 Art Neuberger to the Director of the Division of State lands outlining the terms of the Agreement, including the voluntary density limitation. (Letter of June 20, 2006 attached as Exhibit C) In the letter from Chairman Neuberger, reducing human use of the turtle beach was one reason cited for reduced density and deed restriction. Windsor now proposes to redevelop the southern 3 99 acre portion of the property obtained as part of the exchange and has submitted a proposed PD pre -application plan attached as Exhibit D, that would reconfigure two oceanfront lots for estate homes and consolidate two oceanfront estate Tots through the replat creating a tract for seven "cottage homes" of approximately 4,000 square feet each, thus increasing the overall density on the parcel to 2.26 units per acre. That PD change will require a public hearing before the planning and Zoning Commission and the BCC. The proposed density is less than the underlying 3 unit per acre zoning density but more than one unit per acre permitted by the Declaration of Restrictive Covenants. Windsor's proposed plan does not increase the number of dune cross overs. Windsor seeks approval to amend the Restrictive Covenants to permit an increase in density on the property to accommodate the proposed PD plan. No other changes to the restrictions are proposed Windsor is not seeking to increase the total number of units allowed through the overall conceptual PD plan, thus the number of approved units for the overall Windsor development will not change. If the restrictive covenant is modified, Windsor will need to obtain the development approvals necessary through the Planning and Zoning Commission and the Board of County Commissioners for the proposed PD plan Windsor contends market conditions have changed making the proposed cottage houses a popular choice. In order to effectuate the change, the Declaration of Restrictive Covenants would have to be amended. Staff has no objection to the proposed site plan increasing the density on this parcel. Funding. There is no expenditure of County funds as a result of this matter Recommendations. Staff recommends that the Board approve the following 1. Direct staff to coordinate with all interested parties and prepare an amendment to the Declaration of Restrictive Covenants permitting the density change 2. Direct staff to have the proposed PD change/replat and the amendment of the Declaration of Restrictive Covenants proceed through the approval process at the same time. WKD Attachments: 2011 Windsor Beachside - Plat 27 - Phase II — PD Declaration of Restrictive Covenants June 20, 2005 correspondence Proposed PD pre -application plan 1 224 EXHIBIT "Air WINDSOR BEACHSIDE - PLAT 27 - PHASE II - PD A REPLAT OF OF A PORTION OF OCEAN BLUFF SUBDIVISION, PLATBOOK 12, PAGE 54, SECTION 14, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. AND ALSO A PARTIAL REPLAT OF A PORTION OF WINDSOR BEACHSIDE-PLAT 27, PLAT BOOK 26. 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OBRA MERIDIAN A\ SHEET 1of2, Page 1 of 7 1972326 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2317 PG: 2223, 02/02/2009 11:29 AM 0 Prepared by and return to: Name: Bruce D. Barken, Esq. Address: Collins,Brown, Caldwell, Barkett & Garavaglia, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 772/231-4343 (EXHIBIT ll3 l t I DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is made by Windsor Properties, a Florida General Partnership, ("Owner"), in favor of Indian River County, Florida, a political subdivision of the State of Florida, ( "County"). WITNESSETH: WHEREAS, Owner holds fee simple title to certain property in the County consisting of 8.93 acres, more or less, which property is referred to as the Property and is legally described in Exhibit "A" attached hereto and made a part hereof ("Windsor Property"); and WHEREAS, the Property is designated L-1 on the County's Land Use Plan, and is designated RS -6 on the County's Zoning Map, which designations permit development of up to six (6) residential units per acre; and WHEREAS, the Property is located adjacent to the Golden Sands Park (a County - managed park), and within a high density sea turtle nesting area; and WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW, THEREFORE, in consideration of the foregoing, the Owner hereby agrees and declares as follows: 1. Recitals. That the above recitals are true and are incorporated herein by reference. 2. Density Restriction. The Owner hereby declares and voluntarily covenants and agrees that the following development restriction shall apply within the Windsor Property. Residential density shall be limited to one (1) dwelling unit per acre. 3. Use Restrictions. (a) Access to Beach. One elevated wooden walkway (a maximum of six feet wide clear) may be constructed for each dwelling unit fronting on the Atlantic Ocean beach for access to the beach. Except for construction and dune and beach repair and maintenance, no person is permitted on the dunes, except to access the beach via a walkway. (b) Construction Seaward of CCCL during Turtle Nesting Season. There shall be no construction activities on the Atlantic Ocean beach seaward of the current Coastal Construction Control Line from May 1 through October 31, except as permitted by the State of Florida for activities to protect the dunes and upland structure on the Property, and on properties to the north and south. (c ) Lighting. Installation of exterior lighting is strongly discouraged. The following requirements shall be complied with on the Property, in addition to the Indian River County Sea Turtle Protection Ordinance: http://ori.indian-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC 10/19/201; 226 PaLie2of7 BK: 2317 PG: 2224 (1) No light source or any reflective surface of the light fixture shall be visible from any point on the beach. Illumination of the beach, either through direct illumination, reflective illumination or cumulative illumination is prohibited. (2) No lights are permitted seaward of the Coastal Construction Control Line. No lights are permitted seaward of residences, except as necessary for safety purposes. (3) All exterior lights on ocean front lots shall be of a type utilizing completely shielded downlights, without reflective surfaces. All exterior lights will be installed as low as possible for the intended purpose. (4) High density lighting may be utilized for Highway A 1 A roadway lighting only, and all such lighting shall utilize shielded low pressure sodium lamps or other lighting with similar characteristics, which shall be positioned, mounted and shielded in a manner such that neither the light source nor reflective surface of the fixture is visible from any point on the beach. The number of such fixtures shall be kept to the minimum necessary (5) Only low density lighting shall be utilized in interior roadways and parking areas. This lighting shall be set in a base installed as low as possible for the intended purpose, and shall be positioned, mounted and shielded in a manner such that neither the light sources nor reflective surface of the fixture is visible from any point on the beach. (6) Parking Tots, roadways and driveways shall be designed and positioned such that vehicular headlights do not cast light toward or onto the beach, to the extent possible. Landscaping will be utilized to further this objective. (7) All temporary lighting, including but not limited to construction lighting, will meet all requirements of this Declaration from May 1 through October 31. (d.) Beach Accessories on Beach during Turtle Nesting Season. No beach accessories or recreation equipment, including but not limited to beach chairs, umbrellas, canopies, surfboards, sailboats, etc. may remain on the beach overnight from May 1 through October 31. 4. Beach Cleaning. Owner will not utilize nor contract for mechanical cleaning of the beach from May 1 through October 31. Any cleaning by or behalf of Owner during that period will utilize methods which do not disturb sea turtle nesting or hatching or existing nests. 5. Sea Turtle Monitoring. Persons permitted by the Florida Fish and Wildlife Conservation Commission to monitor, research, recover and educate as to the sea turtle shall be allowed access along the beach for permitted activities. Owner will cooperate with such persons in their permitted activities to the extent possible. 6. Education, Owner will annually and throughout the year provide educational materials supplied by the County, the U.S. Fish and Wildlife Service (FWS), the Florida Fish and Wildlife Conservation Commission (FWC) or other appropriate source, to employees, contractors, individual landowners and invitees regarding the importance of sea turtle nesting, nesting dates, prohibited practices necessary to protect the sea turtle, and other relevant educational information. Owner will cooperate with FWS and FWC in sea turtle conservation, protection, research, monitoring and recovery activities. 7. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property only by a written instrument executed by the owner of the fee simple title to the Property to be affected by such modification, amendment or release, providing that the same has been approved by the Indian River County Commission http://ori.indian-river.org////Document/GetDocumentForPri ntPNG/?request=AQAAANC 1 O/19/2O1 227 BK: 2317 PG: 2225 8. Term of Covenant. This voluntary covenant on the part of Owner shall run with the land and remain in full force and effect and shall be binding upon Owner, its successors and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the Public Records and shall be automatically extended for successive periods of ten (10) years thereafter, unless modified, amended or released prior to the expiration thereof. 9. Inspection and Enforcement. It is understood and agreed that any officer or inspector of the County shall have the right at any time during normal business hours to determine whether the Owner is in compliance with the conditions of the Declaration. The prevailing party in any action or suit to enforce this Declaration shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any remedies available under law. 10. Severability. Invalidation of any one of these covenants by judgment of a court of competent jurisdiction shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 11. Recording. This Declaration shall be filed of record among the Public Records of Indian River County, Florida at the cost of the Owner and a recorded copy given to the County within thirty (30) days of its recording. 12. Effective Date. If the county approves the application of the Owner for the rezoning of the Property, as set forth above, and after said approval has become final and nonappcalable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner, it successors and assigns. IN WITNESS WHEREOF, the undersigned has executed this Declaration on this L3 f zkce4Atz,- , 20 05. Printed: (DU,aa, Name Printed: I o,wur Nt !r . lri cc, a Witnesses STATE OF FLORIDA COUNTY OF INDIAN RIVER WINDSOR PROPERTIES A Florida General Part.ership BY: Torwest Inc -, a -ral Partner A Flori BY: Page 3 of 7 Mark Jus is 'rdsident The foregoing instrument was acknowledged before me this 03 day of ficccyt,la2y . 20 b$ , by 1Jiik tt 3USj, c{� as President of Torwest, Inc., a Flonda corporation, on its behalf, General Partner of Windsor Properties, a Florida general partnership, who is either• personally known to me or ( ) produced a NOTAR MICHELE ANN CARROCCIO MY COMMISSION I DD528332 EXPIRES: Mar. 54.2010 7Y/O163 P1u5C. Moiety Sinwmw'n Ida . river' s lice as identification. rinted: L 1.tt.4'ln rAY'/'GC1 rl No ary Public, State of Florida at Large My Commission Expires. !11,\ K Iyl Z010 My Commission No.: IO 501 8.3 34- 228 http.//ori.indian-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC 10/ 1 W2015 Pa17e 4 47 BK: 2317 PG: 2226 '".surie'\8E9C101\a Ag\TITLE TRANS ER E% O2-C7-97.C'•o, ..en 15. _'09 - 9.21._5,5., � BASKERVILLE- , DONOVAN, INC. INNOVATIVt INFRASTRUCTURE SOLLTIONS 7175 MAZE, Roan =TRUER. R 52610 (221254-502 LVCLYLiOr•G 3Lmai: TJT-0007340 LEGAL DESCRIPTION EXHIBIT A Windsor "A" atJEC` ,. FE) 3UAE' .o Z. SE::!CN. 1/ F. GE. S3UT- 3; >S' GENERAL NOTES: A parcel of land Tying end being in Section 14, Townshio 31 Sou•h, Range ?S East, Tallahassee bcse meridian, incien River County, Florida, being rr.ore perticu!orly described as follows: Commencing at the southwest corner of Government Lot 2, Section 14, Township 31 South, Range 39 East, Indian River County Florico; Thence, bearing North 89'45'10" East, along the sa,:th line of soic Gevernme.r..- :c: 2, o aistonce of 865.92 feet to c point on the easterly Richt of Wcy line of S c:e Road A -1-A, as shown or. Florida Deportment of Trcnsperto:ion Right of way Mcp Section No. 88070-2102, dated 10/21/57, Thence, bearing North 24'24'50` West, 1027.82 feet to the Paint of Beginning Thence, bearing North 24'24'50" West, 109 62 feet to a point; Thence, leaving said Right of Way line 89'45'09" East c distance of 573.51 F of the Atlantic Ocecn, Thence, bearing South 26'18'47" East, of 111.32 feet to a point; along said Right of Wcy line, a distance of of the herein described parcel of lano, along scid Right of 'Noy line, 3 cis.cnce 3; of State Road A -1-A, bearing North eet :o c point a: the Mean High 1V5 -e• Line elcr.g said Mean High ',Voter Line, a distance Thence, leaving said Mean High Water Line, bearing South 89'45'09" West, c distance of 577.55 feet to a point on the aforesaid ecsterly Right of Way line of State Road A -1-A, and the point being the Pcint of Beginning The above described parcel of land contains on area of 57,553 square feet or 1.321 acres, more or less. Subject to any and all ecsements and conditions as contained within the cnain of title. 1. NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT THOSE SHOWN HEREON. 2. BASKERVILLE-OONOVAN, INC. CERTIFICATE OF AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS LB0340 3. THIS DRAWNG NOT VAUD VATHOUT THE SIGNATURE AND ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR k MAPPER. A. THE INFORMATION USED FOR THE CREATION OF THIS SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BASKER601.E DONOVAN PROJECT NO 86901.01 AND A BOUNDARY SURVEY BY KIMLEY-HORN AND ASSOCIATES, PROJECT NO 047013000 DATED 07-14-04 RIGHTS-OF-WAY ANO/OR OWNER5HIP WERE FU SURVEYOR EXCEPT AS SHOWN HEREON. REVISIONS N0. 0Y KS DESCRIPTION REVISED TYPO 6. THE HORIZONTAL COGROINATE SYSTEM AND BEAR,NO5 SHOWN HEREON ARE BASED ON INC RORIOA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT. THE CONTROL MONUMENTS UTRJZEO TO ESTAB'JSH THIS SURVEY WERE FLORIDA DEPARTMENT OF TRANSPORTATION REFERENCE MONUMENT 88-78-A10 HAVING A COOROMATE'VALUE Cr NORTHING. 1,255,223.229 AND AN FASTING CF 847,036.325 ANC MCMULLENT 88-78—All HAVING A CCOROINAIE VALUE OF' NORTHING. 1.251,561.215 AND EA5T190. 848.558.737 NA0 63/90. SAID VALUES WERE CONVERTED. FROM NAO 27 COORDINATE DATUM AS USTED ON THE PLAT OF INDIAN RAVER COUNTY COASTAL CONSTRUCTION C.iNTRCL LINE, PLAT Boon ,yFC �IC PAGE 32, PUBLIC RECORDS OFDIAN RIVER COUNTY. r.,fLORIbA 9t = .iZN FURNISHED', 9C A e�ds-Noe �TH -s •1 A >Roen hN. •• ecp DATEr'9"! 1/15/09•.. 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTSI:, lyc�Ej�ggA�SCO ON INC TE Ts'56» EAST ZONE. SToo111 Q.2ASTMENT, AS pr Q Y UNE FOR a'sdtoowESL . t,,' 4i•`.'�j Vit:.. n-ciny.nca tilt, lht Yidnm u 86vd'ol PmkvLawl 5v epn o AdrMn' Codt, Pvtuanl U Stc'.icn .bu�o1 •W.ht!Mte and 5.1.1. LEGEND POC=POINT OF CO.MM[,I EM=Ni F0?=POUT OF BESINNIN•; R/'W=RIGHT OF WAY PB=PLAT BOOK PG= PAGE NGV029= NATI0N7L GEODETIC ^ER1ICAt DATUM 07 1929 N01 1'5.11 8Nh331 7h1 Sr -NATURE, AAD 170 oR ANAL FAGE6 SEAL Cr A FLf...LA uCENSCD ,4<10<4 34 ',;EKED , C SOUL N/A ra 0.y£ 1054!, B 05 http://ori.indian-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC 0400' 1 OF 2 1U/ 19/201) 229 BK: 2317 PG: 2227 , P•\survey\86901.01\d►q\TITLE TRANSFER ID 10-19-06.dwq, Dec 17, 2008 - 11:51:08>u, 4stoflln9et BASKERVILLE- DONOVAN, 1NC, .NNOVATIVL LNTRASTRUCTURE SOLUTIONS 7171 Y0s111i 109) 1117A31I1A3. IL aN4 (=gb -= acDlmnE=Dm 1:9-ee407.14 Page 5 of 7 SKETCH 4 �j rn' ll T() A C I ANIS CAt &SCRIPTION NOT A SURVEY NOT TO SCALE PROJECT: 15901.01 FIELD 9& tY 0+1E• NOT 5uPvEI SECnOH: 11 RANGC SO:."H 29 EAST OCEAN BLUFF SUBDIVISION PB 12 PG 54 N89'45'09'E \ 57151' EXHIBIT A 57,553 S4 FT OR 1321 ACRES± OF THE N0R14 400' OF COwRNUENT LOT 2 NORM UNE Of THE 504.1191 2001 OF ME NORM 100' Of COVERHUENT LOT 2 589'45'09"W 577.55' a• GOVERNMENT LOT 2 LYING EAST OF STATE ROAD A -1-A. LESS THS NORTH 400' THEREOF, a : SECTION 14. TOWNSHIP 31 SOUTH, Y+�a RANCE 39 EAST • 33YyT o 11 n >y Q ts Qm 0 N r. P Q� S. \ C • -57 O 50U7NRES'T CORNER 0OSE7NUENT LOT 2 SOUTH LNE GOV RN OVI LO 2 N89'45'10"E 865.92' a. EXISTING GOLDEN SANDS RLVL40NS ND. B/ OfSCR5711051 OATS CNECXED Br lS SCALL 5901 10 SCALE f6. PACE DRA*11 2 OF 2 230 http://ori.indian-river.org////Document/GetDocumentForPrintPNG/`'request=AQAAANC. 10/19/20 i BK: 2317 PG: 2228 P;\sulvey\86901.01\dw \TIRE TRANSFER EX 10-19-06.dwg, Dec 17, 2008 - 12:00:43PM, kstalliinoer BASKERVILLE- NJ ONOVAN, INC. INN 0vA?WE INFRAB'TRUCTURE SOLUTIONS 11 6 tn1mL sou 1111.10911Xl. 11. SMO 1721X64 -94x 1:449002171G =XIS& 111-0000340 Pate 6 of 7 LEGAL DESCRIPTION F ( Windsor "Jr) Ali PROTECT: 96601.0: DRAWING DATE 4/20/07 SCCiION: I4 10WRSMP. 31 RANGE: SOUTH 39 EAST A parcel of land lying and be;ng in Section 14, Township 31 South, Range 39 East, Tallahassee base meridion, Indian River County, Florida, being more particularly described as follows: Commencing at the southwest corner of Government Lot 2. Section 14, Township 31 South, Range 39 Eost, Indian River County Florida; Thence, beoring North 89'45'10" East, along the south line of said Government tot 2, o distance of 865.92 feet to point on the easterly Right of Woy line of State Rood A -1-A, as shown on Florida Department of Transportation Right of woy Mop Section No. 88070-2102, doted 10/21/57. Thence. bearing North 24'24'50- West, along said Right of Woy line, a distonce of 419.51 feet to the Point of Beginning of the herein described parcel of land; Thence, bearing North 24'24'SO" West, olong soid Right of Way line, a distonce of 608,31 feet to a point; Thence, leaving soid Right of Way line of State Rood A -1-A. bearing North 89'45'09" East a distonce of 577.55 Feet to o point on the Meon High Water Line of the Atlantic Ocean; Thence. bearing South 26'18'47" Eost, olong said Meon High Woter Line, a distance of 98.03 feet to a point; Thence, bearing South 28'25'11" Eost, along said Mean High Water line, a distonce of 441.87 feet to o point: Thence, bearing South 22'31'33" East, along said Mean High Water line, o distonce of 83.66 feet to a point; Thence, leoving said Mean High Water Line, bearing South 89'45'09" West, a distance of 611.92 feet to a point on the aforesoid easterly Right of Way line of State Road A -1-A, and the point being the Point of Beginning. The above described parcel of land contains an areo of 331,451 square feet or 7.609 acres, more or less. Subject to any and all easements and conaitions es contained within the chain of title. GENERAL NOTES: 1. NO UNDERGROUND INSTALLATION OR DIPROVEIAENTS HAVE BEEN LOCATED EXCEPT 1)/DSL SHOW HEREON. 1. BAS ERW1L-O0NOVMl, INC. CERTIFICATE Or AUTHORIZATION NUMBER TO PROVIDE SURVEYING SEANCES IS LBONO 3. ENS DRAWING NOT YAUD MTHOUT THE SIGNATURE AN0 MORAL SEAL OF A FLORIDA REGISTERED SURVEYOR k YAPPER 4. THE IMF0RW0.41101 USED FOR THE CREATION OF TIES 9(C0NN WAS OBTAINED FROM A BOUNDARY SURVEY BY BADMANLLE DONOVAN PROLECT MO 69101.01 AND A BOUNDARY SURVEY BY RM.[Y-NORM AID ASSOOATES, PROJECT NO 047013006 DATED 07-14-04 S. NO NSTRUUEMTS Ci RECORD REFLECTING LASD,EI4TS. RIOHI5-0F-9AY AND/ON OFMER94F MORE FURNISHED THIS SURVEYOR DCCEPT AS SNOW 44(50097. 6. THE HORIZONTAL COORONATE 511751 AND BEARINGS SHOWN HEREON ARE BASED ON THE FLORDA STATE PLANE COORDINATE SYS1D4, CAST 204E. NORTH AMERICAN DATUM 0/ 1663. 1910 ADJUSIUDIT. 140 CONTROL YOHt1YD4TS UTILIZED TO ESTABLISH THIS SURVEY MERE 110RIDA DEPART/101T Of TRANSPORTATION RETURNEE YONWDIT 66-76-A10 HAVING A CCOROIN ATE VALUE 00 HORNING: 1.2SS223.229 AND AN EASING Or 647.004.323 ANO YONUYFNT 96 -76 -AL1 HANK A COORDINATE VALUE OF NORTHNC: 1,221,241.215 AN0 EASDN0 846,666.737 HAD B3/90. SAID VALUES MOTE CONVERTED FROM NAD 27 COORDINATE DATUM AS LISTED ON THE PLAT Of WOWS AMA COUNTY COASTAL CONSTRUCT1QN CONTROL UNE, PLAT 000K 12. PACE 32. PUBLIC RECORDS Of N0AN R1VTR COUNTY, FLORIDA. 7. THE BEARINGS SHORN HEREO4 ARE BASED DI THE FLORIDA STATE BANE, (:DORONATE sYSTEY, EAST 2O3E. NORM AL1(31041.0A7UY 1910 s1YENT, AS REFERENCE° ABOVE.; +YIJY UNE FOR A -1-A BEARS NCtTT 4.50:40 4'' cENs' `` 4 :? LEGEND POC=POINT OF COMMENCEMENT POB=POINT OF BEGINNING RP( -RIGHT OF WAY PB=PLAT BOOK PG- PAGE NGVD29- NATIONAL GEODETIC VERTICAL DATUM OF 1929 REASONS ND. B1 DLSCR TON DATE TM k4ol 1.eAned .. ';: f , w and Ute. .. ?IC I',% •'/1�r41C n. 1A,i1„ra Soman i V SectIc -O� Mal OLP 51770 / TM S1CHANAC AND M ONCRW Ru500 SEAL Or A TONGA LICIN305 5.4010306 0)4EC72D SCALL 9/A fP FACE DRUM ETT: FS SHEET: 1 OF 2 http://ori.indian-river.org////Document/GetDocumentForPrintPNG/`'request \QAA \NC 10'19/201 231 BK: 2317 PG: 2229 , .P\lefty \86901.01\d.g\T1TLE TRANSFER EX 10-1 9 -06.dwg. Dec 17, 2008 - t2:00:24PU, kstoff fngcr BASKERVILLE- DONOVAN, INC. INNOVATM 1NTRASTRVCTURE SOLUTIONS 71711 In= SOU llGJO a. R SEMI (1X1)164-31113 VKZAISSIC =OM n-rowx► 1',11LC' 7 111 - SKETCH .. All YtC'CC ANY LEGAL OISCRIPTION NOT A SURVEY NOT TO SCALE PASJEC1: E6501 01 0IC1w1NC CAR: SECIICN: 11 RMINStP 31 RANCt 50U1N _S JST OCEAN BLUFF SUBDIVISION PB 12 PG 54 EXHIBIT A 589'45'09"W 577.55' SOUTH UNE OF THE NORTH 400' OF GOVERNMENT LOT 2 NORTH UNE OF THE SOUTH 200' OF THE NORTH 600' OF GOVERNMENT LOT 2 EXHIBIT B 331,451 SQ FT OR 7.609 ACRES.* S89'45'09"W 611.92' NOT TO SCALE cis cP 10 SOUTHWEST CORNER GOVERNMENT LOT 2 JP.o.c N89'45'10"E f SOUTH LINE GOVERNMENT LOr 2 REVISIONS N0. to. OESCRIP110N j DATE CHICkm BY: Ks SCAW NOT 10 SCALE 1.8. GAT OWN By: 15 2 OF 2 232 http://ori.indian-river.org////Document/GetDocumentForPrintPNG/`'request=AO:\A ANC 10/ 19/201 fc BOARD OF COUNTY COMMISSIONERS ,- Exhibit Arthur R. Neuberger Chairman District 2 Gary C. Wheeler Vice Chairman District 3 June 20, 2006 Ms. Eva Armstrong, Director Division of State Lands Department of Environmental Protection 3900 Commonwealth Blvd. Tallahassee, FL 32399 Wesley S. Davis District 1 Thomas S. Lowther District 4 Sandra L. Bowden District 5 RE: Exchange of 1.4 acres (110 front feet) of Trustees' land in Indian River County Dear Ms. Armstrong: The purpose of this letter is to request an exchange of lands under rule 18-2.018(3)(b)(5), FAC. I have attached aerial map exhibits (Map Exhibits) entitled "Before Exchange," "After Exchange," and "After Exchange Detail" showing existing and proposed ownerships. In accordance with the rule cited, the County hereby certifies that it needs the tract of land currently owned by the Board of Trustees of the Internal Improvement Trust Fund (Trustees) (the tract formerly known as the Spallone tract) for management of the Golden Sands Park in cooperation with the U.S. Fish and Wildlife Service. The County also certifies that it has contracted to acquire and convey to the Trustees a larger tract of land, and that it will convey a conservation easement over existing County -owned lands, both as reflected in the Map Exhibits. Please note that this letter replaces and supercedes my letter to you dated December 1, 2005. As a result of discussions with your staff, the U.S. Fish and Wildlife Service and others, we have significantly enhanced the net positive benefit aspects of the original exchange concept. The purpose of this exchange is to reconfigure the existing County management unit known as Golden Sands Park. The majority of the park is owned by the County. In the late 1990's the County negotiated and acquired the current Trustees/Spallone tract. The County then conveyed the Trustees/Spallone tract to the Trustees (the existing Trustees parcel shown on the "Before Exchange" exhibit) as a 50-50 cost share, with the County retaining an interest in the form of a right of re-entry. Golden Sands Park (GSP) was developed by the County and has been under County management for almost 20 years. The Trustees/Spallone tract has been managed by the County as part of the GSP; but recent research indicates the Trustees have not leased the tract for management. This exchange proposal includes the exchange of lands currently owned by Windsor Properties, 1840 25th Street, Suite N-158 Vero Beach, FL 32960-3365 Telephone: 772-226-1490 FAX: 772-770-5334 Suncom: 224-1490 e-mail: kmassung@ircgov.com Ms. Eva Armstrong • Exchange of 1.4 acres page 2 Inc., which has a large planned development to the north of GSP. The County has negotiated an exchange agreement with Windsor. The exchange proposal as outlined in this letter and attachments includes significant benefits for the County and the Trustees in addition to the exchange. As part of the reconfiguration of GSP, the County requests that the Trustees exchange its tract for the proposed Trustees' ownership indicated on the "After Exchange" exhibit. I offer the following in support of this request: • The proposed Trustees' ownership contains a full replacement of the 100 foot width of the current Trustees' ownership, plus an additional 25 feet of width (27 feet +1- of frontage). This additional ocean front footage is worth an estimated $26,000 per front foot as an addition to the proposed Trustees' ownership (based on the average of ocean front sales on the MLS since November 1, 2005; see attached exhibit entitled Front Foot Value Comparable Sales); making an estimated value for the additional land to be conveyed to the Trustees of $750,000. • In addition, the County will convey a conservation easement 50 feet in width (approximately 55 front feet), making an additional 75 feet of total width (82 front feet) added to the original 100 foot width of Trustees' ownership. The proposed Trustees' ownership is equal to orr better than the current Trustees tract in resource value; and•the proposed Trustees' ownership will remain in its natural state after the exchange. - The existing zoning density on the property to be conveyed by Windsor is 3 single family units per acre, creating a possibility for 27 homes. In order to reduce the density of human use of the turtle beach, Windsor is willing to permanently restrict the over all density on the property it will receive to only 6 units over the entire tract, for a density of less than one unit per acre. Windsor has already, at the request of the County, rezoned its adjacent property from multifamily to single family, partly to reduce density adjacent to the turtle nesting beach. - Windsor has also agreed to record restrictive covenants which permanently limit dune crossovers, prohibit construction activities seaward of the CCCL during nesting season, prohibit overnight beach accessories and mechanical beach cleaning during nesting season, and provide for turtle friendly lighting, access for sea turtle monitoring and sea turtle education. See the attached exhibit entitled Declaration of Restrictive Covenants. • The facilities on GSP are out dated, and have been significantly damaged by storms over the past several years. Windsor has agreed to build a new park facility on the property to be acquired by the County. The design of parking, over walks and facilities will be updated, and will include improved environmental specifications, including better parking, landscaping and native vegetation cover. That part of the old park not utilized in the new park will be restored to native conditions. With a more efficient parking layout, the overall development footprint of the park will be reduced from 1.98 acres to 1.80 acres. 234 Ms. Eva Armstrong • Exchange of 1.4 acres page 3 • In addition Windsor will pay the County $1,000,000 to enhance the County's management ability and fund needs which are currently unfunded. • Windsor will sponsor a sea turtle education and information program designed by the US Fish and Wildlife Service in cooperation with the County. • Windsor will agree to remove any exotic vegetation on GSP and the proposed Trustees' ownership. Finally, there are community and safety concerns that will be addressed through the exchange. Windsor has constructed a tunnel under Highway Al -A for safe community cross access. The exchange will allow the new lots to be contiguous to the existing community and provide the new residents, their children, and employees with a safe way to cross Highway Al A. This is not insignificant, as AIA traffic continues to become heavier each year — making safety issues more critical. The exchange would also consolidate all of Windsor's beach access crossovers to the north of GSP. The County believes these measures provide significant net positive benefit to the public in regard to this small exchange. Paul Tritaik, the Refuge Manager of the Archie Carr Sea Turtle Refuge has indicated his support of the exchange proposal; a copy of his letter dated June 15, 2006 is attached. I am also enclosing for your information a letter dated January 2, 2004 from Terri Messler, DEP Community Program Administrator, indicating that the proposal in regard to GSP would comply with Florida Recreation Development Assistance Program requirements applicable to GSP. The County asks that you calendar this proposal for hearing at the August 10-11 meeting of the Acquisition Review Council. Please call me if you have any questions in regard to this request. Bill DeBraal, Assistant County Attorney has been asked to be the primary County staff contact on this matter. He can be reached at 772-226-1426. Thank you for your consideration. Sincerely, C„,ti„,..k..,(-2 Arthur R. Neub - : er Chairman Indian River County Board of County Commissioners cc: Joe Baird, County Administrator 235 Bill DeBraal, Assistant County Attorney Bob Keating, Director, Community Development Scott Woolam, Chief, Bureau of Public Lands Administration Mark Justice, Windsor Properties, Inc. Bruce Barkett, Attorney for Windsor Properties, Inc. Attachments: Before Exchange (aerial map) After Exchange (aerial map) After Exchange Detail (aerial map) Front Foot Value Analysis Declaration of Restrictive Covenants (draft) Tritaik letter Messier letter 236 BEFORE EXCHANGE • ,• :kkr.k. • .e ..1,"r .'s". • • . • • . _ • • 4.. ;.4...•iz:4: • - • • .p • y. ' • 4 tIant Cean ;?6.i.V211451/rjeA.0.)tztfesi.V INDIAN RIVER COUNTY / TRUSTEES' LAND EXCHANGE 06-02-06 ••;,' Kmley-Hom and Associates, Inc. AFTER EXCHANGE Acreage Summary of TrusteesOwnership paws Escasno. 1 3 ac inmates' F.. Owner.* Addiaonal F.. Clemendip Tonle.' Owe** wen Conservation Easement (0.7.0) alkaastem (.4.0 04.0 2,6.0 Footprint of P•fil Derseoperent 20.0 Nobe: Total arm of ....:mots end Tole:Mei ownembdo • 2.9.0 10.1 monenea rallo 1.8.0 INDIAN RIVER COUNTY / TRUSTEES' LAND EXCHANGE 06-02-06 Kimley-Horn and Associates, Inc. AFTER EXCHANGE DETAIL INDIAN RIVER COUNTY / TRUSTEES' LAND EXCHANGE 06-02-06 :?alp Kimley-Horn and Associates, Inc. FRONT FOOT VALUE COMPARABLE SALES* November 1, 2005 — May 15, 2006 (Indian River County) Tax ID # Front foot # Total sales price Price div. by ff 33402100013000000046.0 105 1,800,000 17,142 33403400004000000004.0 121 3,250,000 26,859 (multiple Kansas City Col. SD) 155 7,000,000 45,161 32401900004000000021.0 100 1,975,000 19,750 30393300002000000004.0 55 1,895,000 34,454 Average estimated price per front foot based on above five comparable sales: $28,673 *Note this analysis includes only a simple division of overall price by front footage; and is offered as a very rough indication of potential front foot values. This information is not intended to provide a good estimate of appraised value. 240 Draft 2/16/06 Prepared by and return to: Name: Bruce D. Barkett, Esquire Address: Collins, Brown, Caldwell Barkett & Garavaglia, Chartered 956 Beachland Boulevard Vero Beach, FL 32963 Tele: (772) 231-4343 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is made by Windsor Properties, a Florida General Partnership, ("Owner"), in favor of Indian River County, a political subdivision of the State of Florida, ("County"). WITNESSETH: WHEREAS, Owner holds fee simple title to certain property in the County consisting of acres, more or less, which property is referred to as the Property and is legally described as Exhibit "A" attached hereto and made a part hereof ("Property"); and WHEREAS, the Property is designated L-1 on the County's Land Use Plan, and is designated RS -3 on the County's Zoning Map, which designations permit development of up to six (3) residential units per acre; and WHEREAS, the Property is located adjacent to the Golden Sands Park (a County - managed park), and within a high density sea turtle nesting area; and WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW, THEREFORE, in consideration of the foregoing, the Owner hereby agrees and declares as follows: 1. Recitals. That the above recitals are true and are incorporated herein by reference. 2. Density Restriction. The Owner hereby declares and voluntarily covenants and agrees that the following development restriction shall apply within the Windsor Property: Residential density shall be limited to one (1) dwelling unit per acre. 3. Use Restrictions. (a) Access to beach. One elevated wooden walkway (a maximum of six feet wide clear) may be constructed for each dwelling unit fronting on the Atlantic ocean beach for access to the beach. Except for construction, and dune and beach repair and maintenance, no person is permitted on the dunes, except to access the beach via a walkway. (b) Construction seaward of CCCL during turtle nesting season. There shall be no construction activities on the Atlantic ocean beach seaward of the current Coastal Construction Control Line from May 1 through October 31, except as permitted by the State of Florida for activities to protect the dunes and upland structures on the Property, and on properties to the north and south. (c) Lighting. Installation of exterior lighting is strongly discouraged. The following requirements shall be complied with on the Property, in addition to the Indian River County Sea Turtle Protection Ordinance: (1) No light source or any reflective surface of the light fixture shall be visible from any point on the beach. Illumination of the beach, either through direct illumination, reflective illumination or cumulative illumination is prohibited. 241 (2) No lights are permitted seaward of the Coastal Construction Control Line. No lights are permitted seaward of residences, except as necessary for safety purposes. (3) All exterior lights on ocean front lots shall be of a type utilizing completely shielded downlights, without reflective surfaces. All exterior lights will be installed as low as possible for the intended purpose. (4) High density lighting may be utilized for Highway A1A roadway lighting only, and all such Lighting shall utilize shielded low pressure sodium lamps or other lighting with similar characteristics, which shall be positioned, mounted and shielded in a manner such that neither the light source nor reflective surface of the fixture is visible from any point on the beach. The number of such fixtures shall be kept to the minimum necessary. (5) Only low density lighting shall be utilized in interior roadways and parking areas. This lighting shall be set in a base installed as low as possible for the intended purpose, and shall be positioned, mounted and shielded in a manner.such that neither the light source nor reflective surface of the fixture is visible from any point on the beach. (6) Parking lots, roadways and driveways shall be designed and positioned such that vehicular headlights do no case light toward or onto the beach, to the extent possible. Landscaping will be utilized to further this objective. (7) All temporary lighting, including but not limited to construction lighting, will meet all requirements of this Declaration from May 1 through October 31. (d) Beach accessories on beach during turtle nesting season. No beach accessories or recreation equipment, including but not limited to beach chairs, umbrellas, canopies, surfboards, sailboats, etc.) may remain on the beach overnight from May 1 through October 31. 4. Beach cleaning. Owner will not utilize nor contract for mechanical cleaning of the beach from May 1 through October 31. Any cleaning by or behalf of Owner during that period will utilize methods which do not disturb sea turtle nesting or hatching or existing nests. 5. Sea turtle monitoring, Persons permitted by the Florida Fish and Wildlife Conservation Commission to monitor, research, recover and educate as to the sea turtle shall be allowed access along the beach for permitted activities. Owner will cooperate with such persons in their permitted activities to the extent possible. 6. Education. Owner will annually and throughout the year provide education materials supplied by the County, the U.S. Fish and Wildlife Service (FWS), the Florida Fish and Wildlife Conservation Commission (FWC) or other appropriate source, to employees, contractors, individual landowners and invitees regarding the importance of sea turtle nesting, nesting dates, prohibited practices necessary to protect the sea turtle, and other relevant educational information. Owner will cooperate with FWS and FWC in sea turtle conservation, protection, research, monitoring and recovery activities. 7. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property only by a written instrument executed by the owner of the fee simple title to the Property to be affected by such modification, amendment or release, providing that the same has been approved by the County Commission. 8. Term of Covenant. This voluntary covenant on the part of Owner shall run with the land and remain in full force and effect and shall be binding upon Owner, its successors and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the • Public Records and shall be automatically extended for successive periods of ten (10) years thereafter, unless modified, amended or released prior to the expiration thereof. 9. Inspection and Enforcement. It is understood and agreed that any officer or inspector of the County shall have the right at any time during normal business hours to determine whether the Owner is in compliance with the conditions of the Declaration. The prevailing party in any action or suit to enforce this Declaration shall be entitled to recover costs 242 and reasonable attorney's fees. This enforcement provision shall be in addition to any remedies available under law. 10. Severability. Invalidation of any one of these covenants by judgment of a court of competent jurisdiction shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 11. Recording. This Declaration shall be filed of record among the Public Records of Indian River County, Florida at the cost of the Owner and a recorded copy given to the County within thirty (30) days of its recording. 12. Effective Date. If the County approves the application of the Owner for the rezoning of the Property, as set forth above, and after said approval has become inial and nonappealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner, its successors and assigns. IN WITNESS WHEREOF, the undersigned has executed this Declaration on this day of , 2006. WINDSOR PROPERTIES, a Florida General Partnership WITNESS: By: Name: Name: Title: WITNESS: Name: STATE OF FLORIDA ) ss.: COUNTY OF INDIAN RIVER (Corporate Seal) The foregoing instrument was acknowledged before me this day of , 2006, by , as President of Windsor Properties, a Florida General Partnership. He is personally known to me or has produced as identification. Notary: Print Name: NOTARY SEAL Notary Public, State of Florida My commission expires: 243 EX ITD3IT "A" LEGAL DESCRIPTION 244 Jun.16. 2006 3:56AM No•1845 P. 2/2 United States Department of the Interior FISH AND WILDLIFE SERVICE Pelican Island & Archie Carr National Wildlife Refuges 1339 201° Street Vero Beach, Florida 32960 Joe Baird, County Manager Indian River County 1840 256 Street Vero Beach FL 32960 RE: Indian River County ("County") exchange with State ofFlorida Board of Trustees of the internal Improve meat Trust Fimd ("Trustees'; Golden Sands park Deter Mr. Baird: June 15, 2006 Over the past several months, I have met with your staffand others in regard to the exchange proposed by the County involving the Golden Sands Park owned by the County and the Trustees parcel fly known as the Spalloue tract. The exchange proposal is depicted in the `Before Exchange," "After Exchange," and "After B diange Detail" etthibits provide by the appy, copies of which are aged to this letter. I have visited the property, and reviewed the following documentation in regard to the exchange proposal; the County's exchange proposal submitted to the Division of State Lands, the Kimlcy--Horn survey of the affected lands; the li imley-Horn vegetation ayrvey the design concept for the redeveloped Golden Sands Park the County towlaaago agreement with Windsor Properties; proposed restrictions and commits for the acijaocra Wadscr developer and information provide by County staff as to past public use orthe Golden Sands Park. Based on these doh and field review I am satisfied that the exchange proposal enhances the resource value of Golden Sands Park, the 'Trustees parcel, and adjacent private land and I support the mange proposal. The exchange proposal provides significant additional benefit to sea bustle conservation in that it enlarges the public ownership (both fiont footage and acreage), des protection on the publicly owned lands, and enhances preservation measures on amort privately owned lands through the reoordiag of appropriate restrictive covenants. Another result of our cliscussions is that the USFWS and County have agreed to joint management of County ocean front lands, and this will likely lead to additional eaiha ncament of sea turtle preservation within Indian River County and the Archie Carr National Wildlife Refuge. If I can assist in providing fiirther support for this proposal please let me know. Sincerely, Refuge Tritas'k ger Archie Carr National Wildlife Refuge 245 }eb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 January 2, 2004 William K. DeBraal Assistant County Attorney Indian River County Board of Commissioners 1 840 25ei Street Vero Beach, Florida 32960 Dear Mr. DeBraal: David B. Struhs Secretary RECEIVED JAN 0 5 2004 COUNTY ATTORNEY'S OFFICE I am responding to your letter of December 1 St 2003 regarding Golden Sands Park, a Florida Recreation Development Assistance Program project If Indian River Comity moves forward with the land swap involving Golden Sands Park as outlined in your letter dated October 29, 2003, the project will be.in conversion status. However, if Windsor Properties follows through with their commitment to the County to replace all of the existing park facilities with new structures OA the adjacent property, the project will no longer be considered a conversion. The new land must be dedicated in perpetuity for outdoor recreation purposes as outlined in 62D-5.059(1) Florida Administrative Code. The new land and pack must comply with all other applicable portions of the FRDAP Rule, 62D-5, Part V, Florida Administrative Code. We agree that the property exchange does not appear to impact the delivery of outdoor recreation services to the citizens of Indian River County. We will assist you in trying to work through this to the satisfaction of all involved. I may be reached at (850) 488-7896 if you require additional information. Sincerely, Terri Messier, CPRP Community Program Administrator cc: Suzanne Brantley, DEP Assistant General Counsel Wayne Hrydziusko, Office Director Diane Langston, Community Assistance Consultant "More Protection, Less Process" Printed on recycled popes 246 .72 • - \\ 50.9 \ it9A ....-- \ 24:------ .:1"- -;. .---" .• t J,-3:, v ----. ‹..,, ....k ....."' ..-.:‘ . CP ',`';-,,..'''''\9;, \ \ • \ g. ,,..,-. ...,.4./,:'.. ‘• . ----.................._,,,-....._ :1 \ , • tP .e'D‘.'"' • V- ,..? . ‘ ,.... '',1.•,73, 0 ‘.0 •-" Al. .•• \\, ,.... .., A A 0 .0" r -- Exhibit P PROPOSED RE—PLAT OF LOTS 11, 12, 13 AND 14 FROM WINDSOR BEACHSIDE — PLAT 27 PHASE 11 — PD \ :\TLAN !WW1 ffatl Pe Aa..BRJAPC PARK (0 • ORAPt7C ST=LiAc..EZ TUT. DArt BY Kimley*Horn • 2015 ANAEY- A. ASSOCIATES NC A. BATA STRUT NAM VERO REA. 120. RICK 772-794-1100 rem MONA COM CA &MOWN ANA PROJECT OAT( 04-10-15 AS o[kOtO) ON OPLA. ev 070 WINDSOR (SOUTH PARCEL) CONCEPTUAL SITE PLAN SHEET NumBER CSP -2 December 8, 2015 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: December 2, 2015 Subject: Discussion regarding proposal to fund Visit Florida From: Bob Solari, District 5, BCC Chairman I would like to discuss a resolution against the proposal being considered by the House of Representative's tax committee to use 20 percent of the money raised from tourist development taxes to fund Visit Florida. Attachment: 3 pg. 248 Commissioners are hoping Rowan will stay with the city for a long time, versus using the post as a stepping stone to a higher paying job Rowan assured them she was there to stay "I like it here," she said. "I plan on staying." There are plans in place to help train Rowan, including sessions with the auditor, in addition to her online classes. Officials still need to formally approve Rowan's promotion. After that, they will start to look for her replacement. Gaetz crafting plan to boost Visit Florida, restrict tourism councils By MATT DIXON, POLITICO Florida, 11/23 TALLAHASSEE — The House of Representative's tax committee is preparing to consider a plan that would rewrite how the state divides the money it generates from the 100 million tourists who visit Florida's beaches and theme parks each year. It would redirect the flow of tourist development taxes, which are collected in most counties on hotel and condo rentals. The money is used by counties to fund regional tourism promotion. Under a proposal being crafted by Rep Matt Gaetz, chairman of the House finance and tax committee, 20 percent of the money raised from tourist development taxes would become an annual revenue stream for Visit Florida, a nonprofit that serves as the state's public-private tourism marketing arm. It would give the organization an estimated $80 million dedicated revenue stream. Gaetz, a Fort Walton Beach Republican, said he wants to provide a dedicated revenue stream to Visit Florida because tourism is a vital component of the state's overall economy. Visit Florida is a so-called direct support organization of the Department of Economic Opportunity, which is Gov. Rick Scott's top jobs agency. Direct support organizations are nonprofits established to carry out specific public tasks, in this case publicizing state tourism. Some members of the tax committee raised questions about the proposal, which is in its infancy There was support for funding Visit Florida, but concern about using the tourist development tax as the dedicated revenue stream. State Rep. Jennifer Sullivan, a Mount Dora Republican, said she though the tourist tax system is working efficiently. "If it is not broke, I don't necessarily know if we need to fix it," she said during last Thursday's committee meeting. "I do think that funding Visit Florida is very important." Under current law, the organization has to lobby the Legislature each year for funding because it does not have a dedicated source of revenue- Last year, as the House and Senate fought over the budget, 11 249' lawmakers who oversaw the state's economic development budget grew concerned Visit Florida funding would get caught in the cross-fire. "We don't want to be in a situation where Visit Florida could become a budget casualty," Gaetz said during Thursday's meeting Members asked about a draft version of Gaetz's plan, which has not yet been filed as formal legislation Another concern came from state Rep Jason Brodeur, a Sanford Republican whose Central Florida seat is in a three -county area heavily reliant on tourism, including Disney, one of the biggest players in state government. He said the region pumps out a Targe share of state tourism taxes, so he wants to make sure that, as part of any changes, the region would not lose revenue "I would be interested in working on a fairness concept since it seems an overwhelming burden would come from that three -county area," he said. Gaetz said that because Orlando's theme parks are such an attraction, tourism marketing from anywhere in the state will bring more people to Broeduer's region. "There is an algorithm somewhere at Universal or Disney showing that the brand of Florida has become so synonymous with the attractions in Central Florida," Gaetz said. "It's a win win " Along with sending tourism dollars to Visit Florida, Gaetz's proposal would also require that 40/ percent of local tourism tax dollars be spent on marketing local tourism. He said some local tourism development councils, which are set up to oversee the spending of tourism dollars, are using just one-third of their budgets on marketing, a big part of their mission The proposal also includes language requested by Larry Ashley, the sheriff of Gaetz's home county of Okaloosa. It would allow'counties the option to divert 10 percent of local tourism tax dollars to law enforcement, which under current law is not allowed. Gaetz said the money would be used to bolster police forces in towns that see a Targe influx of tourists "In the little town of Destin, there are about 50,000 people, but 4 or 5 million people stay there each year," Gaetz said of the beachside town in his district. The Florida Sheriffs Association has not yet taken a position on the bill "Normally, I would just say yes we support this bill, but our legislative committee has not reviewed this proposal," Matt Dunagan, the association's deputy executive director, wrote in an email "We will take a look in two weeks when we meet again " He said "this is an issue for -Sheriff Ashley," who did not return requests for comment. Gaetz said he has called the organization, but admitted during the committee hearing that he might need a cooling off period before starting talks with group about his plan. The association had high profile opposition this week to separate gun bills Gaetz is sponsoring "This was not the best week in my relationship with the Florida Sheriffs Association," he joked, getting laughter from the entire committee room. "So maybe next week will be better." 12 250 His proposal also tightens controls on local tourist development councils, which are created by county commissions that levy the tourist tax to coordinate local marketing efforts Under those changes, contracts would have to be signed with people or organizations that receive tourism tax dollars for projects, and tourism industry groups like the Florida Restaurant & Lodging Association could sue local councils if money is misused. Current law does not have provisions allowing industry groups to legally go after local councils. Okaloosa Tourism Development Council officials were caught misusing funds in 2012, including the former director who died of an apparent drug overdose after being accused of misusing $747,000 from the BP oil spill. The Florida Restaurant & Lodging Association, a tourism industry trade group, would also be given authority to appoint six of the nine board members that oversee local tourism councils. The remaining members will be elected officials selected by the county commission, which picks all board members under current law Panama City hiring 'future of the Fire Department' Patti Blake, News Herald, 11/27 PANAMA CITY — In a significant changing of the guard, the Panama City Fire Department will be replacing about 150 years of experience in its ranks following a year of retirements and resignations In total, 13 firefighters of various statures within the Fire Department will be replaced by June of next year with seven promotions and new hires to be announced during a "pinning ceremony" Tuesday. Most of the firefighters have retired after long careers, two resigned under unfavorable circumstances However, the changes in Fire Department are major in scope, said Chief Alex Baird, and the department is prepared to move into a new era. "This represents the future of the Panama City Fire Department, and they'll be following ideas and philosophies to make this a great fire department," Baird said. The seven hires and promotions to be announced during the ceremony Tuesday already have been put in place, and that day will not only be commemorating the event but also will be their first day on the job By June of next year, the Fire Department is expecting to lose six more veteran firefighters, and their replacements are to be likewise commemorated in July. Baird said the change in personnel is probably the most significant in the department's recent history. The hirings will shift the average age of Panama City firefighters by two years, from 38 to 36, and reduce the amount of experience in the department by about 150 years total 13 251 December 8, 2015 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 3, 2015 SUBJECT: Request for Letter of Support FROM: Wesley S. Davis 0..... Commissioner, District 1 Attached is a copy of an email correspondence from Brandon Tucker, Esquire regarding pursuit of acceptance into the Florida Forever program via Florida Department of Environmental Protection. Also attached is a letter supporting efforts of the Lewis Friend Farm for acceptance into this program. I kindly request the Board of County Commissioners discuss and approve the prepared Letter of Support on behalf of Lewis Friend Farms. WSD:mlp 252 Wesley S. Davis From: Brandon D. Tucker, P.A. <tuckergroup@earthlink.net> Sent: Wednesday, December 02, 2015 7.49 AM To: Wesley S. Davis Subject: Lewis Friend Farm, Indian River County, Rural and Family Lands Attachments: BrandonTucker_.pdf Wes: Good morning! I hope this email finds you well and that you had a Happy Thanksgiving! Recently, Governor Rick Scott, along with his Cabinet, approved the Lewis Friend Farm, located in Western Indian River County, for acceptance into the Rural and Family Lands Program that is managed by The FL Dept of Agriculture. We are now looking for acceptance into the Florida Forever program via the FL DEP. In order to ensure acceptance into this program we were hoping to gain support from local officials, like yourself, in the effort to preserve this property in agriculture for many generations to come. I have attached a draft letter of support for your consideration. Time is of the essence and we need this sent out by weeks end. Sony for the short notice. Your help is greatly appreciated! Best Regards, Brandon D. Tucker, P.A. President The Tucker Group, LLC Bachelor of Science, Real Estate Florida State University, College of Business HEARTLAND REGION OFFICE 104 NW 7th Avenue Okeechobee, FL 34972 TREASURE COAST OFFICE 3500 SW Corporate Parkway, Suite 201 Palm City, FL 34990 (772) 201-8722 www.tucker-group.com 1 253 BOARD OF COUNTY COMMISSIONERS Bob Solari Chairman District 5 Joseph E. Flescher Vice Chairman District 2 December 3, 2015 Gary Clark, Deputy Secretary for Land & Recreation Chairman, Acquisition and Restoration Council 3900 Commonwealth Blvd., MS 44 Tallahassee, FL 32399-3000 Re: Lewis Friend Farms, Inc. Application to Add New Florida Forever Project Dear Honorable Chairman: Dr it\N, Wesley S. Davis District 1 Tim Zorc District 3 Peter D. O'Bryan District 4 On behalf of the Indian River County Board of County Commissioners ("Board"), I am writing to express the Board's full and enthusiastic support of the Lewis Friend Farms Ranch as a new Florida Forever acquisition project. In the early 1990s, Indian River County established a local environmental lands acquisition program to leverage and match P2000 and later Florida Forever funds for the conservation of environmentally significant lands. In 1992 and 2004, County citizens voted to approve a combined total of $76 million in ad valorem tax funds for environmental land conservation. Over the course of its acquisition program, Indian River County acquired, either on its own or in partnership with the State and other agencies, more than 12,000 acres for conservation, valued at more than $148 million. Among those acres conserved, Indian River County acquired agricultural conservation easements on three ranches totaling more than 2,000 acres. The County acted on its own in acquiring those ranch easements during a time when State funding was not available under the Rural and Family Lands Protection Program for easement acquisition. The Lewis Friend Farms Ranch consists of more than 1,000 acres in western Indian River County, in proximity to two of the ranches (Padgett Creek and Triple S) protected by County -acquired conservation easements. Moreover, the Lewis Friend Farms Ranch is adjacent to the Kissimmee -St. Johns Connector Florida Forever project, and acquisition of the ranch will complement both the Connector project and the County's ranch easements. 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 254 As demonstrated through its environmental lands program and its initiative in acquiring agricultural conservation easements, Indian River County understands the value and public benefit of protecting environmentally significant ranch land such as the Lewis Friend Farms Ranch. The Board urges the Acquisition and Restoration Council to recognize that value and public benefit in adding the Lewis Friend Farms Ranch to the Florida Forever project list. Thank you for the opportunity to express our support and endorsement of this worthy project. Best regards, y.I + f Bob Solari Chairman 255 BOARD OF COUNTY COMMISSIONERS Bob Solari Chairman District 5 Joseph E. Flescher Vice Chairman District 2 December 3, 2015 Gary Clark, Deputy Secretary for Land & Recreation Chairman, Acquisition and Restoration Council 3900 Commonwealth Blvd., MS 44 Tallahassee, FL 32399-3000 Re: Lewis Friend Farms, Inc. Application to Add New Florida Forever Project Dear Honorable Chairman: Wesley S. Davis District 1 Tim Zorc District 3 Peter D. O'Bryan District 4 On behalf of the Indian River County Board of County Commissioners ("Board"), I am writing to express the Board's full and enthusiastic support of the Lewis Friend Farms Ranch as a new Florida Forever acquisition project. In the early 1990s, Indian River County established a local environmental lands acquisition program to leverage and match P2000 and later Florida Forever funds for the conservation of environmentally significant lands. In 1992 and 2004, County citizens voted to approve a combined total of $76 million in ad valorem tax funds for environmental land conservation. Over the course of its acquisition program, Indian River County acquired, either on its own or in partnership with the State and other agencies, more than 12,000 acres for conservation, valued at more than $148 million. Among those acres conserved, Indian River County acquired agricultural conservation easements on three ranches totaling more than 2,000 acres. The County acted on its own in acquiring those ranch easements during a time when State funding was not available under the Rural and Family Lands Protection Program for easement acquisition. The Lewis Friend Farms Ranch consists of more than 1,000 acres in western Indian River County, in proximity to two of the ranches (Padgett Creek and Triple S) protected by County -acquired conservation easements. Moreover, the Lewis Friend Farms Ranch is adjacent to the Kissimmee -St. Johns Connector Florida Forever project, and acquisition of the ranch will complement both the Connector project and the County's ranch easements. 1801 27th Street, Building A Vero Beach. FL 32960 (772) 226-1490 t As demonstrated through its environmental lands program and its initiative in acquiring agricultural conservation easements, Indian River County understands the value and public benefit of protecting environmentally significant ranch land such as the Lewis Friend Farms Ranch. The Board urges the Acquisition and Restoration Council to recognize that value and public benefit in adding the Lewis Friend Farms Ranch to the Florida Forever project list. Thank you for the opportunity to express our support and endorsement of this worthy project. Best regards, at‘ Bob Solari Chairman December 8, 2015 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 24, 2015 SUBJECT: Summary of FAC 2015 Legislative PoI'cy Conference FROM: Peter O'Bryan Commissioner, District 4 -" I am providing a summary of the Florida Association of Counties Legislative Policy Conference. Additional back-up provided. 256 SUMMARY OF F.A.C. 2015 LEGISLATIVE POLICY CONFERENCE ECONOMIC DEVELOPMENT BEST PRACTICES PANEL Panel discussion with representatives from 4 areas, Palm Beach County Economic Development Council (EDC), Florida West EDC, Suwanee County EDC and Seminole County EDC. Funding: Florida West - $1.1 million annual budget, 80% public funds, 20% private Palm Beach - $3.4 million annual budget, 40% county, 60% private, staff of 17 Suwanee County - $170,000 annual budget, department of 1 Seminole — Private sector approached county with an ED plan, county funded at $1 million Operational Priority: Palm Beach —targeted industry list, 6-7 key industries (short list based upon a positioning type of evaluation, similar to what IR County is completing)„ looked at wealth within the county and focused on CEO's with no business presence in county — highlighted lack of state income tax. Suwanee County - focused on policy and priority list, looked at land uses; warehouse, distribution, music (Suwanee River Music Park), agri business. Florida West - Big call center operation for Navy Credit Union, used land owned by the county, "any job is a good job' philosophy, offshore oil and gas industry (support, service, repair, etc) growing. Seminole - Site consultants focused on the capital investments by the county within the community. Challenges: Palm Beach - Consultants looking for shovel ready sites. Also CEO's asked many questions about education; wanted to know SAT, ACT scores, what degrees 257 the workforce was earning, etc.* *Make sure your workforce training mirrors your targeted industries** Seminole - Major focus on schools. County and local colleges created a program that allowed families with college students re -locating to Seminole to immediately qualify for in-state tuition. Another major criteria was nature trails, natural land areas, etc. Retention: Suwanee - Incentives are greater for existing companies expanding than for companies re -locating. Seminole - Get in touch with your businesses, regular calls to your companies to see how they are doing, "What can we do for you?" Palm Beach - Retention is much larger proportion of budget than recruiting, regular visits to existing companies, how's it going, what do you need, etc. Show appreciation to employers doing business in your county. Appreciation Tour — County Commissioners board a tour bus and make a thank you trip through business/industrial centers. FLORIDA CONSTITUTION REVISION COMMISSION; See attached back up for details on the Constitutional Revision Commission (CRC) process. FAC is creating a CRC Steering Committee. If any Commissioner wishes to serve on the FAC CRC steering committee, please contact FAC President Commissioner Barbara Sharief (Broward County). HYDRAULIC FRACTURING (FRACKING): The Growth, Agriculture and Environment Committee approved 3 new policy statements in regards to Hydraulic Fracturing after a very informative pro/con presentation. The following statements were adopted. OPPOSE a state preemption of fracking activities — especially the siting of wells within sensitive areas — and ancillary activities such as waste storage, handling and disposal, truck traffic and other local public health and safety impacts: 258 OPPOSE any state legislation which would create a public records law exemption for proprietary information provided by drilling companies to the Florida Department of Environmental Protection through the department's online chemical disclosure registry; SUPPORT a moratorium on all new fracking activities until an independent and comprehensive Florida -specific study has been completed and peer reviewed. 2016 LEGISLATIVE POLICY PRIORITIES: Tax Reform Economic Development Amendment 1 Utility Relocation Comprehensive Mental and Behavioral Health Policy Comprehensive Water Policy Complete details and individual, supportive policy statements can be found on the FAC website. 259 League of Women Voters of Florida NAACP Florida Virgil Hawkins Florida Chapter of the National Bar Association FAC was represented at the meeting by Scott Shalley and Ginger Delegal (FAC Staff) and Immediate Past President Grover Robinson (Escambia) and Past President Welton Cadwell (Lake). In addition, the Collins Institute hosted a follow up meeting in Tallahassee on November 10. Ginger Delegal attended that meeting. Attached to this agenda item is the initial Citizens' Guide to the Florida CRC that has been developed by the Collins Institute partnership (Attachment 1). You can also link to this resource by clicking here. The next step is for the Association to develop and approve a workplan for its involvement with the 2017-18 CRC. FAC staff is proposing the attached Workplan for these efforts (Attachment 2). Fiscal Impact: None yet. However, depending on the level of involvement with which FAC chooses to engage the 2017-18 CRC, the fiscal impact to the Association will vary. Board and/or Executive Committee approval, as appropriate will be sought when any impact is anticipated to exceed that beyond FAC's normal course of business. By way of example but not limitation, if contract lobbyists are sought to represent FAC solely before the CRC, additional resources would be required to be allocated and approval sought; if a statewide educational effort is to be implemented on any proposals resulting from the CRC's work, additional resources would be required to be allocated and approval sought. Options: (1) Approve the draft FAC Constitutional Revision Workplan. (2) Provide other direction to FAC staff. Recommended Action: Option (1). Attachments: Citizens' Guide to the CRC, Attachment 1 Proposed FAC CRC Workplan, Attachment 2 Division and Staff Person's Name: Office of the General Counsel Virginia "Ginger" Delegal Page 44 o1 261 OVCIIU UI 1-$11CLAVlb November 18, 2015 Agenda Item #6C - Attachment 1 Partnership for Revising FiCtrida's Constitution EDLICATF. ENGAGE. 1\0 .0 \A E R ut eat; Guth Page 45 (if 262 What is Florida's rn� ovaiu UI IJI tVIa November 18, 2015 Agenda Jtemffic - Attachment 1 Page 46 of Constitution Revision The Constitution Commission? Revision Commission is a group of 37 people who will review and recommend changes to Florida's Constitution, which provides for the commission in Article XI, Section 2. S Appointed by the Governor Appointed by :the ,9 Speaker of the Florida House of Representatives' 1 4 9 Appointed:by the President of the . Florida Senate Appointed by the 3 Chef Justice of the orida Supreme `Court i The Attorney General of Florida • Wb. g is constitutional revision important? Changing a constitution has a much more lasting impact than changing state laws. Florida's Constitution Revision Commission is historic in that it occurs only once t _ every 20 years. Those 37 commissioners will ultimately decide on proposed changes to the Florida Constitution that will make it to the ballot for a voter decision in 2018. 263 r, . ouaiu ui 1111cuu1b November 18, 2015 Agenda Item #6C - Attachment 1 en • Article XI of the Florida Constitution provides for 5 ways to amend the Constitution: The Florida Legislature can propose changes through a Joint Resolution. The Constitution Revision Commission can recommend changes. The people have the power to amend the Florida Constitution through the initiative process. Constitutional conventions are another means of recommending changes. The Taxation and Budget Commission can recommend taxation and budgetary process changes. towns Article 5 of t'lw U.S. Constitution provides for 2 lvays to amend the U.S. Constitution: Proposal by Congress with a two-thirds majority vote in both the House and Senate. Constitutional convention called for by two-thirds of the state legislatures (never been used). Florida has more ways to amend its Constitution than any other state What dotes the Constitution Revision Commission clo? Every 20 years the Commission is appointed to: Page 47 o1 Examine the Florida Constitution Hold public hearings throughout the state Recommend changes to the Florida Constitution for voter consideration264 �T r,1... DUdIU UI L./Del:41Mb November 18, 2015 Agenda Item #6C - Attachment 1 Make your voice heard! VOTE on the proposals on the 2018 ballot! ..ryty Citizen Involvement VOTE on the proposals in November 2018. \A, CRC Page 48 of Become educated on Florida's constitution and amendment process. Attend and Suggest participate in and monitor public hearings. appointments to the CRC. Characteristics to C�nsidey The people of Florida should play a critical role in the -appointment of commissioners to The CRC by suggesting appointees and -Monitoring the process. What characteristics are most important to you in selecting commissioners? Knowledgeable about government Forward thinking Reflective of Florida's diverse culture From an walks of life Civic -minded 265 J r,- amu ui vucuuia November 18, 2015 Agenda Item #6C - Attachment 1 KeepinKeepin6 in Contact Appointees to the Constitution Revision Commission will be responsible for reviewing and proposing changes to Florida's Constitution. Individuals can have a voice in the appointment process by contacting the officials below. Page 49 of 15 Appointees Office of the Governor of the State of Florida The Capitol 400 S. Monroe St. Tallahassee, FL 32399-0001 flgov.com 3 Appointees Office of the Chief Justice Florida Supreme Court 500 S. Duval St. Tallahassee, FL 32399-1925 floridasupremecourt.org 9 Appointees Office of the Florida Senate President 404 S. Monroe St. Tallahassee, FL 32399-1100 8senate.gov 9 Appointees Office of the Speaker of the Florida House of Representatives 402 S. Monroe St. Tallahassee, FL 32399-1300 myfloridahouse.gov Florida's Issues: Then 6.-j Now In 1998, the CRC proposed nine amendments to- the Florida Constitution. Florida voters passed eight pro- posals. What issues might Florida venters face in the future? PASSED IN 1998 t'onser.vation ^,r kr- , l�trea:�m purchases Judicial Election seteGtion ti 1tes i:uc:turing-t'he stateCab �fl d'FF AF- w beck (Ilea! Basic revisions Education • FAILED IN 1998 Local and municipal property tax exemptions and citizen access to local officials - In 1998, only a simple majority vote (more than 50°4) was required;for- an amendment's passage. As of 2006, .atleast 60% of the vote is required to pass. Considerations for keeping up with a growing Sunshine State: anspol tation, o ,,Education` - Crime & Justice :Representation �e*Itbcare Eidetiy. ndersery 266 F L R R A FLC Lew Related Education Aatecletloo,Ioc. www.flrea.org rnl. Oudlu LH U1l /MAUI ) November 18, 2015 Agenda Item #6C - Attachment 1 This publication is provided by: www.flabar.org ]project Partners Bob Graham Center at University of Florida Center for Governmental Responsibility at University of Florida Community Foundation for Northeast Florida Florida Association of Counties The Florida Bar The Florida Bar Foundation Florida Chamber Foundation Florida Justice Association Research & Education Foundation I.F_ROY COLLJNS www.collinsinstitute.fsu.edu The Florida Law Related Education Association, Inc. Florida League of Cities Florida Philanthropic Network Florida Press Association Florida TaxWatch Justin Sayfie Leadership Florida League of Women Voters of Florida NAACP Florida Virgil Hawkins Florida Chapter of the National Bar Association This publication was created by: The Florida Law Related Education Association, Inc. For more information on the Constitution Revision Commission, please visit: http://www.revisefl.com/ @ReviseFLCon Page 50 01 267 FAC Board of Directors November 18, 2015 Agenda Item #6C — Attachment 2 Constitutional Revision Proposed FAC Workplan as of October 22, 2015 October 28, 2015: Collins Institute, Partnership for Revising Florida's Constitution, Kickoff Gathering (9 to 3:30p.m, Turnbull Center, Leon County) Invited all former Past Presidents (see below for list) and current President Sharief; Lisa Hurley, Scott Shalley, Cragin Mosteller, Ginger Delegal Leg Con 2015: Create FAC CRC Steering Committee (Exec Comm and BoD) Composition • Comprised of Presidential -appointees • Led by a chair and vice -chairs • Staff recommendation for chair, vice chairs (current President and all past presidents: o Barbara Sharief (Broward) o Grover Robinson (Escambia) o Welton Cadwell (Lake) o John Manning (Lee) o Bryan Desloge (Leon) o Doug Smith (Martin) o Teresa Jacobs (Orange) • Presidential appointments for remainder of committee; Current names being discussed include the following: Bay: Bob Majka, County Administrator Broward: Eddy Labrador, Office of Intergovt Affairs DeSoto: Commr. Gabriel Quave Duval: Councilman Matt Schellenberg Franklin: Michael Shuler, County Attorney Hillsborough: Commr. Les Miller Hendry: Commr. Janet Taylor Leon: Commr. Nick Maddox Palm Beach: Commr. Melissa McKinlay; Todd Bonlarron, Dir. Leg Affairs Miami -Dade: A Commissioner from Miami -Dade, Jess McCarty, Chief Gov Affairs Okaloosa: Commr. Nathan Boyles Pinellas: Commr. Charlie Justice Seminole: Commr. John Horan Wakulla: Commr. Ralph Thomas 1 Page 51 of 268 FAC Board of Directors November 18, 2015 Agenda Item #6C — Attachment 2 Charge • Research and draft CRC proposals and amendments; actively engage with the CRC • Recommend, to Leg Exec, FAC positions on CRC proposals (defensive) • Approves/recommends FAC proposals to the CRC, through Leg Exec (initiatives) • Recommends/strategizes on appointments to CRC • Serves as the "face" of FAC's constitutional efforts in 2017/18 (e.g., is invited to the Collins Institute's Kick Off at the Capitol on 10/28) Annual 2016: First Meeting of Full CRC Steering Committee Leg Con 2017: First Meeting on the CRC at Legislative Executive Committee • Have proposals flow from the substantive committees to the steering committee to Leg Exec for final action February 6, 2017: • First date that the CRC can be established and appointments made • Governor Rick Scott will make 15 appointments, including the Chair of the CRC • President and Speaker will make nine appointments each • The Attorney General automatically sits • The Chief Justice of the Supreme Court will make three appointments • 37 total members On or about May 7, 2018: • CRC ballot proposals filed with Secretary of State November 7, 2018: • General Election Ongoing: Board of Directors • Approves budget for CRC initiatives/defense, including supplemental contract lobbyists, as needed • Approves any educational public relations initiatives on ballot items Ongoing: FAC Staff • Lisa Hurley as lead, Leg Team, contract lobbyists, Scott Shalley, Ginger Delegal, Cragin Mosteller 2 Page 52 of 269 Emergency Services District December 08, 2015 15/ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Emergency Services District Date: December 2, 2015 Subject: FY 2014-2015 Records Disposition Compliance Statement and Records Management Liaison Officer Form Emergency Services District From: Doris E Roy, Records Management Liaison Officer Assistant to the County Administrator Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed records management compliance statement attesting to the agency's compliance with Florida public records disposition laws, rules, and procedures Attached is the annual Records Management Compliance Statement for Fiscal Year 2014-2015 for the Indian River County Emergency Services District. Recommendation It is recommended that the Chairman be authorized to sign the Records Management Compliance Statement for Fiscal Year 2014 - 2015 for the Indian River County Emergency Services District. For. December 8, 2015 By: (QJ1 Joseph A. Baird, County Administrator Attachments. Indian River County Letter ApprovedAov Date Administrator fol$ la/alf. Legal t 44, 2-1; )2-1.- Letter dated November 2, 2015 from the Florida Department of State Record Disposition Compliance Statement Records Disposition Documents 270 FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor November 2, 2015 Ms. Doris E. Roy Indian River County Emergency Services District 1801 27th Street Building A Vero Beach, FL 32960-3388 Dear Ms. Roy: KEN DETZNER Secretary of State As a Florida public agency, you are required by Rule 1B-24.003(11), Florida Administrative Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." Based on these annual statements, an annual report on statewide compliance is submitted to the Legislature and the Executive Office of the Governor for their consideration and action. For your convenience, we are providing the enclosed Records Management Compliance Statement to report your agency's compliance status. Please complete all information in Section I, the Compliance Certification, and make any necessary additions or corrections in Sections II and III. Please return one signed copy of the form (do not return this letter) to the mailing address or email address indicated at the bottom of the form by December 31, 2015. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recmgt@dos.myflorida.com. Sincerely, Gerard J. Clark, Bureau Chief, Archives and Records Management Division of Library and Information Services GJC/eg Enclosure 1 1 VIVAF o A_ Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399 850.245.6600 • 850.245.6735 (Fax) info.florida.gov Promoting Florida's History and Culture VivaFlorida.org t RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2014-2015 Agency ID: N0000164 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records.' 'Rule 1B.24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1 Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31, 2015 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E Q@ recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 272 o — r o o rn c to T:)." 0 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, including email; microfilm; audio; video; etc.). 14Yes • No (Unmarked responses will be recorded as not in compliance ) 2. This agency disposed of 173 i d 7 cubic feet of records during the fiscal indicated year above. 3. This agency disposed of records in electronic form during the fiscal year indicated above. ■ Yes 121"No (It is not necessary to indicate volume of electronic records disposed ) 4. • Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on the reverse side of this form. Agency Head Signature: Date. Name of Agency Head (please print): Rah Snl ari Title of Agency Head (please print): Chairman c C co = E o8 Cu d 0) Q Please indicate changes to Agency Information on the lines provided on the right. Current Information: Please do not erase or cover information below Indicate changes or additions on the lines below Agency Name: Indian River County Emergency Services District Agency Head: Mr Joseph A. Baird Address: 1801 27th Street Building A Vero Beach, Florida 32960-3388 c C r. —toPlease 0 o c wO y J 2 CL Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, please designate an RMLO for your agency on the lines provided on the right. Current Information: do not erase or cover information below Indicate changes or additions on the lines below RMLO: Ms. Doris E. Roy Address: 1801 27th Street Building A Vero Beach, FL 32960-3388 Phone: (772) 226-1408 Ext.: Email: droy@ircgov.com 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records.' 'Rule 1B.24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1 Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31, 2015 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E Q@ recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 272 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 2. AGENCY CONTACT (Name and Telephone Number) Rachel Ivey (772) 226 - 3859 Ext. 3. NONCE one). ■ OF INTENTION: The a. Destruction scheduled ■ records listed in Item 5 are to be b. Microfilming and Destruction disposed ►X4 of in the manner checked below (specify only c. Other Scanned & Destruction 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for rds have been fully justified, and that further retention is not required for any litigation imminent. pending or � ���o `cN. . , P10\t 10—ON-1t-V Sig Lure Name and TitIt ) Date '¢+ d •—t. .1(4 :=-,.', , ,_ r, -ij.r::f•$3:.`��a _ e €— , ,. Y1,-.-•,------Ri , :tib 7. _ ... _ y �.y• ,�',� Y•r:.S.:.�ln��3'1,���-f�A''�'ted^��'ui:.:�'.":r.•��..:�?:C �:ih=i!.�`�,.1. "�.i:•,7.i�+. _N r. Y,. •�. "_� 'rt:i.-2i # : =� i" e'er,t' _, 5 UFO) RECORMERTA: C i s`:�+ may. f* ..i, ;' _ - { - .2 _. �_ a�ts�..i .-. .r.+... u:c�iiei:..�cr .�_ .n_w.r+-z...rr-«rrra�:'-" lr...: ��:�ior_!s�'giv_�>}"�,i �.;iXi ',. ��. a. Schedule b. Item c. TitleRetention d. e. Inclusive f. Volume In _..aa.':�ru g. Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GSI- SL 52 42 146 2 3 116 265 23 371 365 259 186 Travel Records Purchasing Records - Copies Transitory Messages - Paper Administrative Convenience Records Administrative Support Records Attendance & Leave Records Emergency Operations Records: Special Needs Applications Information Request Records Staff Administration Records Receipt/Revenue Records: Detail - Duplicate Disaster Preparedness Drill Records Directives/Policies/Procedures - Duplicates 5 FY 5 FY OSA OSA OSA 3 FY 4 AY 1 FY OSA OSA 2 CY 2 AY FY 2013/14 • FY 2013/14 FY 2013/14 FY 2013/14 FY 2013/14 FY 06/07 - 13/14 FY 2008/09 FY 06/07 - 13/14 FY 2013/2014 FY 06/07 - 13/14 FY 06/07 - 13/14 1997 - 2009 Iy C\ " 'tivcc\lt 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 7. DISPOSAL CERTIFICATE: The above listed records have been is ed of in the manner and on the date shown in column g. o \ ,,, \O—\Lk—Vli Of- • e Date - �;- 9 /0— 7-19" cs� v,P S. -.• cer Date todian/Records Managemen ; ..41 Nam an e 0 'Lel aA� Witne s / I 7 3 i RECORDS DISPOSITION DOCUMENT NO. PAGE OF PAGES 1. AGENCY NAME and ADDRESS t CY,,caresi ilc�` iY\(1)-\ tC\LYriP_A�. 2. AGENCY CONTACT (NameIand Telephone Number) \ ' shr -G1 C)\ --i �'� (112) 211, - 3g51 Ext. 3. NOTICE one). • OF INTENTION: The a. Destruction scheduled ■ records listed in Item 5 are to be b. Microfilming and Destruction disposed EE/ of in the manner checked below (specify only c. Other &-,Inns c\v, ti U' •-•-) 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for the reco-.J/have been fully justi ied, and that furth/err retention is nott required for any litigation pending or imminent. 4� , Gf/iaa - �hAR iie.iii, /In -411 / i/ /D- 3- i' Signature Name and Title Dat •.• :.- _... .q, . 5: LIST_ OFRECORD;SE _ - a. Schedule b. Item c. TitleRetention d. e. Inclusive , f. Volume In 9. Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization L 2 t'{� tlh Linc; s,n� '1 ��ca,- -L -t1\;c eS 1 years 2-00 -- 2c't� •aLS Nre 10-9-i9 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicat::. 7. DISPOSAL CERTIFICATE: The above listed records have been . .'sed of in the manner and on the date shown in column g. i re Date -- _-e\ p todian/Records Mana.e ent ,.i -.n Off -r Date Nam:�'j',, itle 4.1 Wit ess 274 NOV 2 0 2014 lOF C RECORDS DISPOSITION DOCUMENT BOARD KMMisSI><ONa>� co�ly PAGE OF PAGES 1. AGENCY NAME and ADDRESS Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 2. AGENCY CONTACT (Name and Telephone Number) Rachel Ivey (772) 226 - 3859 Ext. 3. NOTICE OF INTENTION: The one). • a. Destruction scheduled records listed in Item 5 are to be disposed ■ b. Microfilming and Destruction of in the manner checked below (specify only c. Other scanned & Destruction 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for rds have been fully.justified, and that further retention is not required for any litigation pending or imminent. ` Si ature Name and Title t 4- . Date "-` "wry N K .� 41,- ; jS'.- v>? yi r�"-�r4u .''4".' �t%'�F,s�� :n -�E_;:��,n,�'K' _^" :;i3:r.-'?�-^r-�-- ,� T�i'.{} X� 'L ...iiin�Y *r.;j .® r ,' t: 5 ` L'IST OFRECORD:SERIES ;" �i �i�i- ..riYY ,,i',' - � i,sy..� 'i�� _SL.�G �+". .. +tii1 4' A�4 I es„ _ .,. r . :. `c .._ .. ?�� n�T`S if s ,�.;ti,. 74:2. � .`n` . ���.x �� G}�� C�:��`�Ii �;�. �` � �w~' � �ii+ „G i,py a;i f y 1r.: __�C,.1i'�x: _..ohm _ ___ �.' : ac'S?:`.S'.-?�'.`�_1>'-�: :�.i a. Schedule No. b. ItemTitle No. c. d. Retention e. Inclusive �T: - t. Volume In g. Disposition Action and Dates Cubic Feet Date Completed After Authorization GS1- SL 52 42 146 17 2 3 116 23 371 365 259 186 Travel Records Purchasing Records - Copies Transitory Messages - Paper Correspondence & Memorands: Administrative Administrative Convenience Records Administrative Support Records Attendance & Leave Records Information Request Records Staff Administration Records Receipt/Revenue Records: Detail -Duplicate Disaster Preparedness Drill Records Directives/Policies/Procedures - Duplicates 5 FY 5 FY OSA 3 FY OSA OSA I 3 FY 1 FY OSA OSA 2 CY 2 AY FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 FY 2011/12 OA 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 7. DISPOSAL CERTIFICATE: The above listed records have been / dissed of ' the manner and on the date shown in column g. \\-0-1\-\ :4011111f Jl /c • e Date Cstodian/Record Management / on • '. -r D.te Nam : itle Wo,s_.)‘GA Wi e 275 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 2. AGENCY CONTACT (Name and Telephone Number) Rachel Ivey (772) 226 - 3859 Ext. 3. NOTICE OF INTENTION: The one). • • a. Destruction scheduled • records listed in Item 5 are to be b. Microfilming and Destruction disposed r of in the manner checked below (specify only c. Other Scanned and destruction 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for ords have been fully justified, an. i . urther retention is not required for any litigation pending or imminent. Sig .ture Name and Title 1 �`.". Z 3.._. t}`Y,if Date ,1,-57t- �y }c. WF rY.,-4.'s :Y "r,.i :f•_��Siufovf4 - IIST-OF .z� 5.,rr:4-e.::-1...i" s'n. tii� .t�cL.�fLL. �v t�y:h::� '-+�.c-«1 :'�.�-...... ...„,,,,,,,,j-,„..„, .^�. _•, - 4�.:�bi:1i , -- :7-";n.� - ��u.:.3,*_ k_2.1i �D:� 14.R;1- <-•.�rt`A3T a. Schedule b. Item c. TitleRetention d. e. Inclusive f. Volume In 9- Disposition Action and No. No. Dates Cubic Feet Date • Completed After Authorization G 1_ Sice 54 Vistory/Entry Logs 30 Days July 2007 - Dec 2010 .50 \-\• —Y3 6. DISPOSAL AUTHORIZATION: Disposal for the above listed 7. • - OSAL CERTIFICATE: The above listed records have been records is authorized. Any deletions or modifications are indicated dis.. .-d of i _ , - II .. I - and on the date shown in column g. ••-tu-• ./ e i-e'./ . . ;:.------•) .... -1. q aC %fter / - stodian/Records Manag: e`lflia •on Officer/ Date Na i�. Title V\ V % •7iji.a ness 276 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 2. AGENCY CONTACT (Name and Telephone Number) Rachel Ivey (772) 226 - 3859 Ext. 3. NOTICE OF INTENTION: The scheduled records listed in Item 5 are to be disposed of in the manner checked below (specify only one). • a. Destruction • b. Microfilming and Destruction c. Other Scanned & Destruction 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for . - -cords have been fully justified, and that further retention is not required for any litigation pending or imminent. 411111 .. Sig • -ture Name and Title ^ ' Date 5. LIST OF RECORD SERIE$ 1 t i.c a. Schedule b. ItemTitle c. d. Retention VV e. Inclusive f. Volume In 9- Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GS1- SL 42 Purchasing Records - Copies OSA FY 2013/2014 .07 Zetho.va.a s, !4-..re Meek 1-I'd -%5 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 7. DISPOSAL CERTIFICATE: The above listed records have been o e manner a on the date shown in column g. / //OOP/ 5.--5- •S' ature Date s odian/Reco ds ';n-g a �t Liai•.n Office Date Na Title W' Hess 277 RECORDS DISPOSITION DOCUMENT NO. PAGE OF PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Brian Burkeen, Assistant Chief - (772) 226 — 3864 Ext. 3. NOTICE OF INTENTION: The one). • a. Destruction scheduled • records listed in Item 5 are to be b. Microfilming and Destruction disposed 1i4 of in the manner checked below (specify only • c. Other Scanned and Destruction 4. SUBMITTED BY: I hereby certify that the the re/ s have been fully justified, a records to be disposed of are correctly represented below, that any audit requirements for hat further retention is not required for any litigation pending or imminent. A—..) vrK—ems 5-7. 1 �1 Signature Name and Title 1A,- S fS� Date ' :'LIST'OF-RECORD.SE .. a. Schedule No. b. Item No. c, TitleRetention d. e. Inclusive f. Volume In .. _. ... g. Disposition Action and Dates Cubic Feet Date Completed After Authorization GSI- SL 23 Information Record Requests 1 CY January thru April 2015 RECEIVED I. .I' BOO C.t',M:1lISSION 2 CEIVED '72015 OF COUNTY SC -C} -N X Srrr c cicli 0-1SR S- 2_0-15- 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 'i Ogic 7. D d SPOSALrCERTIFICATE: p sed of u, rn u The above listed records have been i the manner and on the date shown in column g. C Is,-- 2 c h .�,--1--, ..572c. II Signature `Date 1ntir,na `K"‘charZ6S Si-aceAsstL .i odian/Records Management Liai :n • cer e Name d T' Witne I 78 279 .1 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Ellen Salm (772) 226 - 3865 Ext. 3. NOTICE OF INTENTION: The one) • a. Destruction scheduled records listed in Item 5 are to be • b Microfilming and Destruction disposed of in the manner checked below (specify only ►1 c. Other Scanned and Destruction 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for the .. have be-. iIly justified, and that further retention is not required for any litigation pending or imminent. r55,5i , Signature Name and Title tZ, '1 I"1 Date 5. LIST OF S:114 • S J a. Schedule b. Item c. Title d . Retention e. Inclusive f. Volume In 9. Disposition Action and No. No. ' Dates Cubic Feet Date Completed After Authorization GS4 80 Patient Medical Records 7 CY 2010 Through 2014 Totlal 5 Scev.,.ed sr Shredded MA/ 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. / 7. i SPOSAL CERTIFICATE: The above listed records have been posed oft the manner and on the date shown in column g. icn Ul�u� .. �Iu„..„ J..) a k/ice-, S 6 ' 41-1 6 /.-L.' / „ Sig ture Date Donna RC'C rdS Si-ct-r-r ,,Cus •dian/Records-Management 'raison Off i er D to +•T- Nam Title Witness 279 .1 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Brian Burkeen, Assistant Chief (772) 226 - 3864 Ext. 3. NOTICE OF INTENTION: The.scheduled records listed in Item 5 are to be disposed of in the manner checked below (specify only one). ❑ a. Destruction 0 b. Microfilming and Destruction ® c. Other Scanned and Destruction 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for the re s have been fully justified, and that rther retention is not required for any litigation pending or imminent. Signature igas+et,e4 �07/�� Name and Title , I Date .f;T.,..�`S.•.•:�i:rr�::i`'{�Yi3i '�ra J.if;:'i';'}'=' - ,�_g".t-�.-rsn-.•c:. -.a. a. Schedule No. b. Item No. c. Title d. Retention e. Inclusive Dates f. Volume In Cubic Feet 9. Disposition Action and Date Completed After Authorization GS1- SL 23 Information Record Requests 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. /47 Cuodian/Records Management Liai .n Officer 005- Date 1 CY 2014 2 Sc&r e 5)0 gdetee 1'aLO-is SPOSAL CERTIFICATE: The above listed records have been sposesk.f irLthe manner and on the date shown in column g. /' di (nc .CA ei Le-.. &cI L-9. l 3 - nature ono` 2. 6-avds Name and Title Witness Date atc1--C /AS s�3S 280 RECORDS DISPOSITION DOCUMENT NO. PAGE OF PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Brian Burkeen, Assistant Chief (772) 226 - 3864 Ext. 3. NOTICE OF INTENTION: The one). • a. Destruction scheduled • records listed in Item 5 are to be b. Microfilming and Destruction disposed of in the manner checked below (specify only CI c. Other Scanned and Destruction 4. SUB the r TTED BY: c rds h I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for ve been fully justified, and that further retention is not required for a litigation pending or imminent. 12,c -4,4.,e..1.--) ,bo„U i).P;c1,A ,c(5- StaifAssa. r t -s.1 Sig si ture Name and Title Date G • 8.• /i llZ# _ .. 5. LIST OF RECORD SE E a. Schedule b. Item c. TitleRetention d. e. Inclusive f. Volume In g. Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GSI- SL GSI- SL 188 23 Patient Refusals Information Record Requests • 5 CY 1 CY December 2010 thru May 2015 April 2015 1.5 2 4 ccvn,,_ p (,L.Laie- c4 r 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 7. o ISPOSAL • spose. of 1. CERTIFICATE: The above listed records have been the manner and on the date shown in column g. 1 ' " - / , 6 /�Asll Si nature Date ! /1 r\ GA h. R) c,in A l of s 3-kff A5,4 Tl Custodian/Records Management Liaison Offi r Date Name and Tale ` s a 0 la Witness...ba 281 t� II RECORDS DISPOSITION DOCUMENT .,7 NO. PAGE OF PAGES= 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone.Number) Brian Burkeen, Assistant Chief (772) 226 - 3864 Ext. 3. NOTICE one). • OF INTENTION: The a. Destruction scheduled II records listed in Item 5 are to be b. Microfilming and Destruction disposed of in the manner checked below (specify only c1 ►� c. Other S e4...nik �i25i"ra €.4-;c () 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for' the records have been fully justified, and that further retention is not required for any litigation pending or imminent. uwr.... ra .Q.'(...1.-‘44.--,.-4.- o nn a b, (Q t c,h ylr ds ff A a s (, _a L. t 7. 1g Signature Name and Title Date L•tcl • I • ' S. LIST OF'RECORD'ER SIES. - r,c a. Schedule b. Item c. Title d. Retention Inclusive e. f. Volume In 9. Disposition • Action and No. No. Dates Cubic Feet Date Completed �- After Authorization GS4 GS4 GSI- SL GSI- SL GSI- SL GS4 GS8 70 70 23 23 374 70 1 Run Reports Run Reports Information Record Requests Information Record Requests Subpoenas Run Reports Daily Activity Logs 7 CY 7 CY 1 CY 1 CY 1 CY 7 CY 1 CY Feb. 2005 thru Dec. 2005 Jan. 2007 June 2008 thru Dec. 2008 2012 2004 2004 2004 2 0 2.0 2.0 2.0 2.0 2.0 2.0 c644,$4- f 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 7. I POSAL CERTIFICATE: The above listed records have been i osed o'n Tel manner and on the date shown in column g. L OrY U) J L 'a-t ,.-,..1...3 L' 2 Z- I S, ) _Signa n 1 / , = /47i,5 re I, Date )Qrrrtc b. Q‘4144(4) 5-1.4-I As74 _if Cu odian Records Management Liaison Mc,Date Name and Title -1"z (o-2 Z-1f]J Witness 82 RECORDS DISPOSITION DOCUMENT NO. PAGE OF PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Brian Burkeen, Assistant Chief (772) 226 — 3864 Ext. 3. NOTICE OF INTENTION: The one). ■ a. Destruction scheduled ■ records listed in Item 5 are to be b. Microfilming and Destruction disposed ►Xl of in the manner checked below (specify only c. Other Scanned and Destruction./ 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for the records have been fully justified, and that further retention is not required for any litigation pending or imminent. j vr_`.), 1?)'CAcnGLO ua %0.r-cJ-.s s4 0144- A. s5 (, la.• (l •(S _bOnn&9R; Signature Name and TitleI 0941 ti Date 5.- ' LIST OF RECORD'SERIES ` .- - a., a.b. Schedule No. ItemTitle No. c. d. Retention e. Inclusive Dates t. Volume In Cubic Feet . 9- Disposition Action and Date Completed After Authorization GSI- SL 104 Vehicle Maintenance Records (Fleet) 1 FY June 2012 thru June 2014 1.5 0t✓aA 11,,.„.1...14. 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. W/ i 7. �LISPOSAL d fJYr CERTIFICATE: The above listed records have been posed o th manner and on the date shown in column g. v1c. A fA'L c -uA, (0 - 2 -2• 1 5- S1 urDate �b 9e,ren ,). IR,14,...f.(3vt� li Name and Title %0.2-2-•)S s ian/Records Management Li ' n Officer D to 283, RECORDS DISPOSITION DOCUMENT NO. PAGE OF PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Brian Burkeen, Assistant Chief (772) 226 - 3864 Ext. 3. NOTICE OF INTENTION: The scheduled one). ■ a. Destruction ■ records listed in Item 5 are to be b. Microfilming and Destruction disposed of in the manner checked below (specify only ►X4 c. Other Scanned and Destruction 4. SUBMITTED the recor BY: I hereby s have been f CPmr L certify Ily that the records to be disposed of are correctly represented below, that any audit requirements for ' stified, and that further retention is�not trrequired for any litigationp(pending or imminent. ic1a_c-li. b9',r,a_4). 1, c),- .iLi5 J-f a-C-i p5-5-4,5 ?-it-(6- Y -11'L'' Si nature Signature 9 Name and TitleDate •, ; . 5. ;LIST�OF RECORD SERIES a. Schedule No. b. Item No. c, TitleRetention d e., Inclusive Dates f. Volume In Cubic Feet 9. Disposition Action and Date Completed After Authorization GSI- SL 23 Information Record Requests 1 CY May thru June 2015 1.5 Sco.nnad &hi. edded 8.12.15 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. -, ( U� / c �/.5J 7. DISPOSAL CERTIFICATE: The above listed records have been di osed of in the ma ner and on the date shown in column g. firm c.. ted' I L I' c h c„.., c Y • (2 I S. Signature \(` / J /� Date .1)1 n r\ r. �; G�,f1 v ,-S V `i q ! �r /' ss-,_/ .1. Custodian/Records Managemen :is.n Officer / pate .0. Name a Title 6t.:,.. Witness RECORDS DISPOSITION DOCUMENT NO. PAGE OF PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Brian Burkeen, Assistant Chief (772) 226 - 3864 Ext. 3. NOTICE OF INTENTION: The one). • a. Destruction scheduled ■ records listed in Item 5 are to be b. Microfilming and Destruction disposed of in the manner checked below (specify only @ c. Other Scanned and Destruction 4. SUBMI the rec r i D BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for s have befull justified, and that further retention is not required for any litigation pending or imminent.( ( a, �, l`cilie,c�9 001,\A 0. D .!iIcitQ U1a?-r kc -i I b -/ t -a Signal re Name and Title Date , r ., '5: LIST OF%RECORD'SERIES + , '' a. Schedule No. b. ItemTitle No. c. d Retention e. Inclusive Dates f. Volume In Cubic Feet g. Disposition Action and Date Completed After Authorization 1 GS1- SL 104 Vehicle Maintenance Records 1 FY July 2014 thru July 2015 1.5 Scon,wied is-12•IS 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. #:2://5—� 7. '``SPOSAL CERTIFICATE: The above listed records have been 0 •osed of 'n the manner and on the date shown in column g. frrry a-- V c,1.4 .4-w-,.0--9- 12 • / S Signa re Date n�Y��x �� i c'� n,CI5 Narpe_a Title c 's ian/Reco s Manageme Lfgison Officer Q.C..-\ A/eS- Witness 285 286 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 2. AGENCY CONTACT (Name and Telephone Number) Rachel Ivey (772) 226 - 3859 Ext. 3. NOTICE one). ►�� OF INTENTION: The a. Destruction scheduled ■ records listed in Item 5 are to be b. Microfilming and Destruction disposed • of in the manner checked below (specify only c. Other 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for '--- the rec • rds have been fully justified, an retention is not required for any litigation pending or imminent. - .. \v! _ _ _ -.. IS - \C—o\-1`� Si. ature Name and Titl P l • L p .1_ , Date 1,-.5,-, it.' •� -- n° mc..'24`,5_,:=c`�_.t:�'-i.0.r:r:r.i#�T' _ -LISTOFTECORD`SERIE c "��Mtr'-i; r„ra ;r:xa..-4,, . $ �v'..a%.- a. Schedule b. Item c. TitleRetention d. e. Inclusive f. Volume In „ g - Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GS8 67 68Supplemental Supplemental Compensation Program: Acceptance Records - Duplicates Compensation Program: Notice of Ineligibility - Duplicates OSA OSA FY 2013/2014 FY 2013/2014 cete4 �� -9—M 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 7. DISPOSAL CERTIFICATE: The above listed records have been : is •• - - • of in the manner and on the date shown in column g. — . .,.a 11.\t-\' . Date / \ \„,_ V.(5s\ -NV • stodian/Records anagemey'*�.' icer Date Nam an e l / h[_ W ' Gr?/I VJ'itne 286 11 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 2. AGENCY CONTACT (Name and Telephone Number) Rachel Ivey (772) 226 - 3859 Ext. 3. NOTICE one). ►il OF INTENTION: The a. Destruction scheduled ■ records listed in Item 5 are to be b. Microfilming and Destruction disposed ■ of in the manner checked below (specify only c. Other 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for • ords have been fully justified, a • • - urther retention is not required for any litigation pending or imminent. - ..--''�. _ _ via\_. . ._ _ ,r� ,t._..X b-10— Si • ature Name and it e _ `� l�' 2' V� Date ? ;liP1 .- - '''•.' - :, a -..A ,,_, *::;_;=.sem : -_- _ :,-. .,:-,>-_, , , � `- _ :�� ,= .w:s?y LISTOF,,RECRISAERIE• r-, s1: .°"; h, .� � -� . a. Schedule b. Item c. Title d. Retention e. Inclusive 1. Volume In g, Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GSI- SL 265 89 Emergency Operations Records: Special Needs Applications Calendars 4 AY 1 AY FY 2008/09 2009-2012 .50 51,.„Ade A 6. DISPOSAL AUTHORIZATION: Disposal for the above listed 7 D SPOSAL CERTIFICATE: The above listed records have been records is authorized. Any deletions or modifications are indicated. dispo- ed of in the manner and on the date shown in column g. - Q� ♦ .....-T un \—\ \L i / ign.'11140 Date / e40111 A*\3v stodian/Records Managem�• Officer Date Cr Name .n- j�f � i �t/J i� 42Jl / Witn=- / I 28 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. - AGENCY NAME and ADDRESS Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 2. AGENCY CONTACT (Name and Telephone Number) Rachel Ivey (772) 226 - 3859 Ext. 3. NOTICE OF INTENTION: The one). _ ►4 a. Destruction scheduled • records listed in Item 5 are to be b. Microfilming and Destruction disposed • of in the manner checked below (specify only c. Other 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for s have been fully justified, and that her retention is not required for any litigation pending or imminent. \ 'el � 1\opt\ 1 t P c O'-Q --\� Sign lre Name and Tide /A,01Date .� �.9i-''F.:—:w�'7-k L ;^'Y zy� .. s - _ _ -, - ' ra'.''. * T'-: ,,,,, . s �--."Y2�,:`:;i.•.:--:t:c- ,,f r:ir s$:. � e'r._ i r3'. � j�:=�• 5i'4"�.;.i�... � .�.--,iii=.'•_?;: si: '✓. _v#�; -''-'y ; r~ t �,-.,'2 z >:-- t..4“ - ''rZ e :-' > 5:�_- JST1OF=RECORD SERI, �. ( -- .., ..�-n .--_..SCk_s :=,,_.- g <.,-'�.... ..- w�ae.' -r,�f�3J �-1� - :lt°i' y-74Y4 �'; �. �;'F', '.V y.; •Yt�.:,..:,.y-. h,: �.i-: �'�'�,`.� � rej.r; = _ •�. aF : s:-r �1 €. . '3<'35,' y.C�i.��'t;tlY �y il.._ �r tai •�. �c.-4 T: a. Schedule b, Item c. Title d. Retention e. Inclusive f. Volume In 9. Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GS1- SL 265 Emergency Operations Records: Special Needs Applications 4 AY CY 2010 .15 \-va-� 6. DISPOSAL AUTHORIZATION: Disposal for the above listed 7- nt_¢a • SAL CERTIFICATE: The above listed records have been records is authorized. Any deletions or modifications are indicated._ dispose of '. . - ..... - - nd on the date shown in column g. ,itatifn III . al ur- - Date /, .dia. . - -... ! anagement Li,•"on Offic r •ate Na j:vd Title ^ ' It itnes 288 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Department of Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 2. AGENCY CONTACT (Name and Telephone Number) Rachel Ivey (772) 226 - 3859 Ext. 3. NOTICE OF INTENTION: The one). ►Z� a. Destruction scheduled records listed in Item 5 are to be • b. Microfilming and Destruction disposed ■ of in the manner checked below (specify only c. Other 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for - : •rds have fully justified, and that further retention is not required for any litigation pending or imminent. been s---&...\1/4„.1..z, \U -z c'd�� e �N1i r :a"" \ n� Si g Name ani Title \ Date `��F"r�;:_.a,..4Yaj''-': .;::-T.4‘.4('�t`'�'�A' �: tie :� 1.. =i�'-Fid?'':"Y's;}�� - ::�::. i/_i^Eii .t r,?.n.� ' '.�! ,•_ `T . � �a'i' .. . .z-��-, ..� }� r � ��� S.O!JP ECORD, - , ,t � �_ - M. .. `:r.,t._ ,, �` : ..F-n`3-2?r �,,st-:.e: _ g, .s, `;S #'""° 'tz.': D�+. R � _:�. � � t +,'�: >: Sin � �'; � � '*• ;.a', .• .. :T�. a S 1�.- � � rf. �C a. Schedule b. Item c. Title d. Retention e. Inclusive L�w:�TrRAti.1' f. Volume In 9. Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GS8 70 Toxic Substances Lists 4 CY CY 2010 .10 re.•Nte. 3-5-15 6. DISPOSAL AUTHORIZATION: Disposal for the above listed is 7. DISPOSAL CERTIFICATE: The above listed records have been records authorized. Any deletions or modifications are indicated. / dispo : d of in the manner and on the date shown in column g. — ,. .� 3— 5—\ 5 �� j• • ? /,/lur-`Date •�(.,,,/,e : liteS ��L-•\.'O3,`lPtS'Custodian/Records Management Li ison Officer '//Date and Title 1/1XLsG�U( 289 290 RECORDS DISPOSITION DOCUMENT NO. PAGE 1 OF 1 PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Ellen Salm (772) 226 — 3865 Ext. 3. NOTICE OF INTENTION: The one) ►,1 a. Destruction scheduled records listed in Item 5 are to be IN b Microfilming and Destruction disposed of in the manner checked below (specify only ■ c Other 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for the s have b ly justified, and that further retention is not required r any litigation pending or imminent. VP' ILIAC 5-Ai tat II-IA-Cc StSTAt E- ( D- — -- Sign re Name and/Title Date iZ. 7. ice, 5. LIST OF RECORD SER •� a. Schedule b. Item c. Title d Retention e. Inclusive f. Volume In 9- Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GS4 GS4 GS4 40 127 80 Incident Records Inventory Records Drugs Patient Medical Records7 7 CY 2 CY CY through to November 2007 through to November 2012 through to November 2007 Totlal 5 S►vre ddb 12-t�� 4 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 0 7. DISPOSAL CERTIFICATE: The above listed records have been isposed of in the manner and on the date shown in column g. �� ichwc4a /4 f1� jal� 6- q-t6. /, t 4.L4., J !/ ' ,-'i,, _, /i. q JL- / Si ature Date �rNr \A C...)-Na R t r CIS Cr}GL-FfAss+ 'Cu todian/Reco • u . . • :/ • Liais• n Officer ate Name and Title Witness 290 RECORDS DISPOSITION DOCUMENT NO. PAGE OF PAGES 1. AGENCY NAME and ADDRESS Indian River County Fire Rescue 9225 43rd Avenue Vero Beach, FL 32967 2. AGENCY CONTACT (Name and Telephone Number) Brian Burkeen, Assistant Chief (772) 226 — 3864 Ext. 3. NOTICE one). 0 OF INTENTION: The a. Destruction scheduled ■ records listed in Item 5 are to be b. Microfilming and Destruction disposed • of in the manner checked below (specify only c. Other 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements for th- = ords have been fully justified, and th- further retention is not required for any litigati n pending or imminen . Signature Name and Title r Date 5. LIST OF RECORD SERIES( ' ' a. Schedule b. Item c. TitleRetention d e. Inclusive f. Volume • In 9. Disposition Action and No. No. Dates Cubic Feet Date Completed After Authorization GSI- SL GS 1- SL GSI- SL GSI- SL GSI- SL 296 66 24 3 as, Registration records: Events Other Personnel Services: Volunteer applications, resumes, health exams, emergency contact info and other related material Employment Application and selection records. Contains documentation regarding physical testing and medical knowledge of applicants not hired. Administrative Support Records Administrative Convenience Records 5 FY 3 FY after separati on. 4 14Y Until Obsolet •e Until Obsolet e 1998-2008 1998 - 2010 1998 - 2010 2005-2010 2005-2010 12.5 A 'J CL&4 0 i1 i 4 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. 7. n ISPOSAL CERTIFICATE: The above listed records have been „ispose , of i the manner and on the date shown in column g. AUm. . , 'Gin a-,c.1.j (a•tz•iS /jay i/7 ign. ture nn n r f r� Date .linnet. u• R,'chn�(s ,!-LI-I ASST 1 Cu odian/Records Mgement Liais' Officer Date Name and `Z ItIS (7-/ )30 n , /� \` Witness 91 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DISTRICT /54 L/ TO: THROUGH: THROUGH: FROM: DATE: December 1, 2015 Honorable Emergency Services District Board of Commissioners Joseph A. Baird, County Administrator John King, Fire Chief Department of Emerg n y S ices Brian S. Burkeen, Assistant Chief SUBJECT: Approval of FY 2015/16 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non -Matching EMS Grant Funds and Grant Resolution It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS: The Department of Health, Bureau of Emergency Medical Services (EMS), is authorized by Chapter 401, Part II, Florida Statutes, to distribute county grant funds. The funds are then made available to eligible county governments to improve and expand their prehospital emergency medical services. The grant program is an innovative process, which enables EMS agencies to enhance EMS systems through the Board of County Commissioners. It should be noted that the grant conditions require the County to ensure that the EMS grant funds will not be used to supplant or replace any existing EMS budget allocations and the resolution must include a statement to that effect. The grant conditions also require a separate accounting of the EMS funds from all other funds. Historically, the County Awards Grant has been used to purchase medical related equipment or equipment that will assist in the delivery of the service. ALTERNATIVES AND ANALYSIS: The county grant funds are derived from surcharges on various traffic violations. Funding in the amount of $29,309.00 has been allocated to Indian River County for FY 2015/16. A rollover amount of funds available from unspent years are $16,611.00. The grant funds will be utilized as indicated in the grant application for equipment and services to improve and expand the Advanced/Basic Life Support EMS prehospital system. The equipment proposed and justification for purchase in the expenditure plan is as follows: 292 Mobile Software: Purchase of New World AVL Mobile Software to allow for basic level of mapping and routing for emergency responders of 911 callers. FUNDING: No local funds are utilized in the execution of this grant. These grant dollars are from allocated monies through surcharges on certain traffic violations. RECOMMENDATION: Staff recommends approval of the FY 2015/16 EMS Grant and resolution to purchase the equipment and services as noted in the attachments. Staff further recommends that the Board of County Commissioners authorize the chairman to execute the necessary documents to obtain funds from the Department of Health in the amount of $29,309.00 and authorize budget amendments as required to receive and expend the grant funds. In order to comply with the requirements of this Grant, staff is seeking authorization for the establishment of a unique accounting code designator for all County Awards Grant deposits, disbursements, interests accrual and rollover of funds, as they are required to be maintained in a separate fund or account for inspection by the State EMS Monitoring and Compliance Unit. ATTACHMENTS: Grant Form Copy of Grant Application Resolution APPROVED FOR AGENDA FOR: December 8, 20115 BY: '.Jr� A.&34 oseph A. Baird, County Administrator Cldmikxlian River Co. nLegal le ;),5- �. lZ A I -- Budget izii.,l; Dept Dept. Risk Mgr. r�j ,�71 it -02./5 General Svcs. 293i1 C PY Application Form July 2015-2016 Effective July 24 County Governments may submit their Fiscal Year 2015-2016 application for county grant funds. The deadline for state EMS to receive the required pages of your completed county grant application form is by December 16, 2015. You can see the amount of your new grant at the state EMS website in the "Total° column of the county amount table. The first application form page has five items, the first three of which are self-explanatory. However, note that Item 2 is where the county's authorized person must provide his/her signature. Item 4 describes the content of the resolution. Please provide this in your county's customary format and approval process. The resolution must be current and not a copy of a previous resolution. We need this current resolution or we will not be able to process the application for funds. Item 5 of the first page of the application form asks for the name of the organizations that will receive funds from your new county grant. The second page of the application form is the budget page and one of these budget pages is needed for each organization listed in item 5, The budget page for each organization must have on it specific and quantifiable items or services, with the cost for each unit or type of item or service. All costs must add to the exact amount of new funds for your grant. You can transfer unexpended funds from your previous grant after the new grant begins. No general statements can be used in the budget because we are now required to have specificity up -front and need it to obtain your grant funds. However, you can still make change requests during the new grant, so you do not lock yourself into the initial items. Your budget totals in the application should be added for you if you place your cursor over a subtotal or total field, right click your mouse, then left click on the resulting menu "Update Field." Request for Grant Fund Distribution Form This page is included with your application form. Complete only the top part of this form and the state will complete the bottom part, as indicated on the form. HEALTH EMS COUNTY GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Emergency Medical Services Program Complete all items C PY ID. Code (The State EMS Program will assign the ID Code — leave this blank) C40 1. County Name: Indian River County Business Address: 1800 27th Street Vero Beach, FL 32960 Vero Beach, FL 32967 Telephone: 772-226-3900 Federal Tax ID Number (Nine Digit Number). VF 59-60006764 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Signature: Date: Printed Name: Bob Solari Position Title: Chairman, Board of County Commissioners 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Brian Burkeen Position Title: Assistant Chief Address: 4225 43rd Avenue Vero Beach, FL 32967 • Telephone: 772-226-3864 Fax Number: 772-226-3868 E-mail Address: bburkeen@ircgov.com 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre -hospital EMS system and will not be used to supplant current levels of county expenditures. We cannot process for funds without a current resolution. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) Indian River County Fire Rescue -,.viv, r.r... 1 295 -,.viv, r.r... 1 295 BUDGET PAGE A. Salaries and Benefits: For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number of hours. C®py Amount TOTAL Salaries = $ 0.00 TOTAL FICA & Other Benefits = Total Salaries & Benefits = $ 0.00 B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay (see next category). List the item and, if applicable, the quantity Amount Total Expenses = $ 0.00 C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one (1) year or more. List the item and, if applicable, the quantity Amount Mobile Software AVL Dispatching 45,920.00 Total Veh. & Equipment = $ 0.00 Grand Total = $ 0.00 2 296 FLORIDA DEPARTMENT OF HEALTH EMERGENCY MEDICAL SERVICES (EMS) GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2) (a), Florida Statutes, the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre -hospital EMS. DOH Remit Payment To: Name of Agency: Indian River County Board of County Commissoners Mailing Address: 1800 27th Street Vero Beach, FL 32960 Federal Identification number: VF 59-60006764 Authorized County Official: Signature Date Bob Solari, Chairman Board of County Commissoners Type or Print Name and Title Sign and return this page with your application to: Florida Department of Health Emergency Medical Services Program, Grants 4052 Bald Cypress Way, Bin A-22 Tallahassee, Florida 32399-1722 Do not write below this line. For use by State Emergency Medical Services Program Grant Amount For State To Pay: $ Grant ID: Code: C40 Approved By . Signature of State EMS Grant Officer Date State Fiscal Year: 2015 - 2016 Organization Code E.O. OCA Object Code Category 64-61-70-30-000 05 SF005 750000 059998 Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: DH 1767P, December 2008 64J-1 015, F.A.C. 3 297 GRANT NAME• EMS County Grant AMOUNT OF GRANT: $ 45.920.00 GRANT # C40 - DEPARTMENT RECEIVING GRANT. Fire Rescue CONTACT PERSON• Brian Burkeen 1. How long is the grant for? 1 Year 2. Does the grant require you to fund this function after the grant is over? 3 Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? TELEPHONE• 772-226-3864 Starting Date: December 16, 2015 X Yes No Yes X No Yes No 4. Percentage of match to grant 0.00 5 Grant match amount required S 0 00 6 Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7 Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $45,920.00 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012 11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012 13 Insurance —Life & Health 012.14 Worker's .Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs Total 45,920.0.0 $45,920.00 45,920.00 $0.00 $45,920.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ 10 What is the estimated cost of the grant to the county over five years? S ��""y '``� •_ .�>�, _ =- x1 Grant Amount Other Match Costs Not Covered Match Total First Year $45,920.00 $0 00 $0.00 $45,920.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer Date: December 2, 2015 298 • RESOLUTION NO. 2015- A RESOLUTION OF THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS, INDIAN RIVER COUTY, FLORIDA, AUTHORIZING THE APPLICATION FOR FUNDING COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARDS TO BE SUBMITTED TO THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES. WHEREAS, The Florida Department of Health, Bureau of Emergency Medical Services announced that applications for funding County Emergency Medical Services (EMS) Grant awards are now being accepted and a grant application has been prepared for Indian River County; and WHEREAS, an application for grant funds for fiscal year 2015/16 has been prepared by the County; and NOW, THEREFORE, BE IT RESOLVED BY THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to sign and execute the application for EMS grant funds certifying that monies from the EMS Grant Program For Counties will improve and expand the County's pre -hospital EMS system and that the funds will not be used to supplant existing County EMS budget allocations. 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, Bob Solari Vice Chairman, Joseph E. Flescher Commissioner Tim Zork Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan The Chairperson thereupon declared the resolution duly passed and adopted this day of , 2015. EMERGENCY SEVICES DISTRICT BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman A'I TES'f: Jeffrey R. Smith, Clerk of Court and Comptroller 299 Application Form July 2015-2016 Effective July 24 County Governments may submit their Fiscal Year 2015-2016 application for county grant funds. The deadline for state EMS to receive the required pages of your completed county grant application form is by December 16, 2015. You can see the amount of your new grant at the state EMS website in the "Total" column of the county amount table. The'first application form page has five items, the first three of which are self-explanatory. However, note that Item 2 is where the county's authorized person must provide his/her signature. Item 4 describes the content of the resolution. Please provide this in your county's customary format and approval process. The resolution must be current and not a copy of a previous resolution. We need this current resolution or we will not be able to process the application for funds. Item 5 of the first page of the application form asks for the name of the organizations that will receive funds from your new county grant. The second page of the application form is the budget page and one of these budget pages is needed for each organization listed in item 5, The budget page for each organization must have on it specific and quantifiable items or services, with the cost for each unit or type of item or service. All costs must add to the exact amount of new funds for your grant. You can transfer unexpended funds from your previous grant after the new grant begins. No general statements can be used in the budget because we are now required to have specificity up -front and need it to obtain your grant funds. However, you can still make change requests during the new grant, so you do not lock yourself into the initial items. Your budget totals in the application should be added for you if you place your cursor over a subtotal or total field, right click your mouse, then left click on the resulting menu "Update Field." Request for Grant Fund Distribution Form This page is included with your application form. Complete only the top part of this form and the state will complete the bottom part, as indicated on the form. 300 EMS COUNTY GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Emergency Medical Services Program Complete all items ID. Code (The State EMS Program will assign the ID Code — leave this blank) C40 1. County Name: Indian River County Position Title. Assistant Chief Business Address 1800 27th Street Address. 4225 43rd Avenue Vero Beach, FL 32960 Vero Beach, FL 32967 Telephone: 772-226-3900 Telephone: 772-226-3864 Federal Tax ID Number (Nine Digit Number) VF 59-60006764 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Signature: Date: Printed Name Bob Solari Position Title. Chairman, Board of County Commissioners 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities This person is authorized to sign project reports and may request project changes The signer and the contact person may be the same.) Name: Brian Burkeen Position Title. Assistant Chief Address. 4225 43rd Avenue Vero Beach, FL 32967 Telephone: 772-226-3864 Fax Number. 772-226-3868 E-mail Address. bburkeen@ircgov.com 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre -hospital EMS system and will not be used to supplant current levels of county expenditures We cannot process for funds without a current resolution. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) Indian River County Fire Rescue , uecemder 64J-1 015, F.A.C. 1 301 , uecemder 64J-1 015, F.A.C. 1 301 BUDGET PAGE A. Salaries and Benef For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number,of hours. Amount Mobile Software AVL Dispatching 45,920.00 Total Veh. & Equipment = $ 0.00 TOTAL Salaries = $ 0 00 TOTAL FICA & Other Benefits = Total Salaries & Benefits = $ 0.00 B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay (see next category). List the item and, if applicable, the quantity Amount Total Expenses = $ 0.00 C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one (1) year or more. List the item arid, .if applicable, the quantity Amount Mobile Software AVL Dispatching 45,920.00 Total Veh. & Equipment = $ 0.00 Grand Total = $ 0.00 2 302 FLORIDA DEPARTMENT OF HEALTH EMERGENCY MEDICAL SERVICES (EMS) GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2) (a), Florida Statutes, the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre -hospital EMS. DOH Remit Payment To: Name of Agency: Indian River County Board of County Commissoners Mailing Address: 1800 27th Street Vero Beach, FL 32960 Federal Identification number: VF 59-60006764 Authorized County Official: Signature Date Bob Solari, Chairman Board of County Commissoners Type or Print Name and Title Sign and return this page with your application to: Florida Department of Health Emergency Medical Services Program, Grants 4052 Bald Cypress Way, Bin A-22 Tallahassee, Florida 32399-1722 Do not write below this line. For use by State Emergency Medical Services Program Grant Amount For State To Pay: $ Grant ID: Code: C40 Approved By : Signature of State EMS Grant Officer Date State Fiscal Year: 2015 - 2016 Organization Code E.O. OCA Object Code Category 64-61-70-30-000 05 SF005 750000 059998 Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: DH 1767P, December 2008 64J-1.015, F.A.0 3 303- RESOLUTION NO. 2015- A RESOLUTION OF THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS, INDIAN RIVER COUTY, FLORIDA, AUTHORIZING THE APPLICATION FOR FUNDING COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARDS TO BE SUBMITI'LD TO THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES. WHEREAS, The Florida Department of Health, Bureau of Emergency Medical Services announced that applications for funding County Emergency Medical Services (EMS) Grant awards are now being accepted and a grant application has been prepared for Indian River County; and WHEREAS, an application for grant funds for fiscal year 2015/16 has been prepared by the County; and NOW, THEREFORE, BE IT RESOLVED BY THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to sign and execute the application for EMS grant funds certifying that monies from the EMS Grant Program For Counties will improve and expand the County's pre -hospital EMS system and that the funds will not be used to supplant existing County EMS budget allocations. The foregoing Resolution was offered by Commissioner Who moved its adoption. The motion was seconded by Commissioner vote, the vote was as follows: Chairman, Bob Solari Vice Chairman, Joseph E. Flescher Commissioner Tim Zork Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan and, upon being put to a The Chairperson thereupon declared the resolution duly passed and adopted this day of , 2015. EMERGENCY SEVICES DISTRICT BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficie By il am K. DeBraa Assistant County Attorney 304 Solid Waste Disposal District December 08, 2015 /5 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Solid Waste•Disposal District Date: December 2, 2015 Subject: FY 2014-2015 Records Disposition Compliance Statement and Records Management Liaison Officer Form Solid Waste Disposal District From: Doris E. Roy, Records Management Li Officer Assistant to the County Administrator( Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed records management compliance statement attesting to the agency's compliance with Florida public records disposition laws, rules, and procedures. Attached is the annual Records Management Compliance Statement for Fiscal Year 2014-2015 for the Indian River County Solid Waste Disposal District. Recommendation It is recommended that the Chairman be authorized to sign the Records Management Compliance Statement for Fiscal Year 2014 - 2015 for the Indian River County Solid Waste Disposal District. For: December 8, 2015 By: 0.30J p �CJc iw " JosepA. Baird, County Administrator Attachments: Indian River County Appr•ved Date Administrator 44 Lif a I)5' Legal , fiCQ 1Z_215/ Letter dated November 2, 2015 from the Florida Department of State Record Disposition Compliance Statement Records Disposition Documents 305 FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor November 2, 2015 Ms. Doris E. Roy Solid Waste Disposal District Indian River County 1840 - 25th Street Vero Beach, FL 32960-3388 Dear Ms. Roy: KEN DETZNER Secretary of State As a Florida public agency, you are required by Rule 1B-24.003(11), Florida Administrative Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." Based on these annual statements, an annual report on statewide compliance is submitted to the Legislature and the Executive Office of the Governor for their consideration and action. For your convenience, we are providing the enclosed Records Management Compliance Statement to report your agency's compliance status. Please complete all information in Section I, the Compliance Certification, and make any necessary additions or corrections in Sections II and III. Please return one signed copy of the form (do not return this letter) to the mailing address or email address indicated at the bottom of the form by December 31, 2015. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recmgt(a�dos.myflorida.com. Sincerely, Gerard J. Clark, Bureau Chief, Archives and Records Management Division of Library and Information Services GJC/eg Enclosure 1 VIVA MIK Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street* Tallahassee, Florida 32399 850.245.6600 • 850.245.6735 (Fax) info.florida.gov Promoting Florida's History and Culture VivaFlorida.org RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2014-2015 Agency ID. N0000527 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, including email; microfilm; audio; video; etc.). Yes 0 No (Unmarked responses will be recorded as not in compliance.) 2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above. 3. This agency,diss osed of records in electronic form during the fiscal year indicated above. 0 Yes pSl No (It is not necessary to indicate volume of electronic records disposed.) 4. 0 Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on the reverse side of this form. Agency Head Signature: Date: Name of Agency Head (please print): Rob Snlari Title of Agency Head (please print): Chairman Please indicate changes to Agency Information on the lines provided on the right. Current Information: Please do not erase or cover information below Agency Name. Solid Waste Disposal District Indian River County Agency Head: Mr Joseph A. Baird Address: 1801 27th Street Building A Vero Beach, Florida 32960-3365 Indicate changes or additions on the lines below Section 257.36(5)(a), Florida Stafufet,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, please designate an RMLO for your agency on the lines provided on the right. Current Information: Please do not erase or cover information below Indicate changes or additions on the lines below RMLO: Ms. Doris E. Roy Address: 1840 - 25th Street Vero Beach, FL 32960-3388 Phone: (772) 226-1408 Ext.: Email: droy@ircgov com [$a 1 7th $tre t - 'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency' shall mean any state. county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of govemment created or established by law It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records.' 2Rule 1B-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F S., Photographic or electronic copies. Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1 Records retention schedule number; 2. Item number; 3. Record series title: 4 Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date.' Please complete and return this compliance statement by December 31, 2015 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E QR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 307