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Home My WebLink About03/01/2016 (2)BOARD OF COUNTY COMMISSIONERS � TVR INDIAN RIVER COUNTY, FLORIDA G COMMISSION AGENDA a� TUESDAY, MARCH 1, 2016 - 9:00 A.M. Commission Chambers - Indian River County Administration Complex ORI 1801271h Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Joseph E. Flescher, Vice Chairman District 2 Dylan Reingold, County Attorney Wesley S. Davis District 1 Jeffrey R. Smith, Clerk of the Circuit Peter D. O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. 3. 4. INVOCATION PLEDGE OF ALLEGIANCE Stan Boling, Community Development Director Commissioner Peter D. O'Bryan ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Honoring the 2015-2016 Vero Beach High School Girls Basketball Team 1 B. Presentation of Proclamation Designating March 2, 2016 as Read Across AmericaDay----------------------------------------------------------------------------------------------2 - C. Presentation of Proclamation Designating the Month of March 2016, as American Red Cross Month 3 March 1, 2016 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE D. Presentation on Indian River County Fire Fighter's Fair March 11 th to March 20th by Wayne Howard, Fair General Manager --- E. Presentation by Florida Department of Health in Indian River County and Indian River County Mosquito Control District on Zika Virus --- ---------------------- -- ------ - - - - - - - ---------------------------------------------- 6. APPROVAL OF MINUTES A. Regular Meeting of February 2, 2016 B. Regular Meeting of February 9, 2016 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Update on All Aboard Florida / Vero Electric Expenses __(memorandum dated February 24, 2016) 4-8 --------------------------------------------------------------- 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments February 5, 2016 to February 11, 2016 _(memorandum dated February 11, 2016)--__ _ 9.16 B. Approval of Checks and Electronic Payments February 12, 2016 to February 18, 2016 __(memorandum dated February 18, 2016) ___________________________ 17.24 C. Vacation Compensation Consideration __(memorandum dated February 22,201 §) _____________________________________________________ 25-30 D. Approval of Extension to Agreement for Auction Services __(memorandum dated February 23, 2016) 31-32 E. FDOT Local Agency Program (LAP) Supplemental Agreement and Resolution Authorizing the Chairman's Signature 87th Street and 91" Avenue Sidewalk Improvements FM No. 431728-1-58/68-01 __(memorandum dated February _I0, 2016) -------------------------------------------------------- 33-38 -------- F. Release of Retainage — Work Order No. 3 Morgan & Eklund, Inc., 2015 Beach Profile Monitoring Surveys __(memorandum_dated February_16, 20.16) ------------------------------------------------------- ------------------------------------------------------ March 1, 2016 Page 2 of 7 8. CONSENT AGENDA PAGE G. FDEP Grant Agreement No. 50839 — Indian River County Oyster Bed Project __(memorandum dated February 15, 20.16) 43-69 H. Change Order No. 1, Final Pay and Release of Retainage, Vero Lake Estates Asphalt Millings Project (Phase I), Bid No. 2015010 _(memorandum_dated February -10, 2016) _________________ 70-79 I. Change Order No. 4, Final Payment and Release of Retainage, Martin Luther King Walking Trail, Bid No. 2015034 __(memorandum dated February 9, 2016) 80-86 J. Lease Extension, 6855 66`x' Avenue, Vero Beach, F1, 66th Avenue Future 4- Laning Project, Owner: Indian River County, Tenant: John A. Jackson, Jr. __(memorandum dated February -3,-2016) ------------------------------------------------------- 87-89 K. Amendment No. 3 to Indian River County South County Regional Park Intergenerational Recreation Facility Professional Civil Engineering and Architectural Services Consultant Agreement __(memorandum dated February 16, 2016) ________________________________ 90.98 L. Approval of Extension to Agreements for Custodial Services __(memorandum dated February 23, 20.16) 99-104 M. Approval of Renewal for a Class "E" and Class "B" Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a All County Ambulance to Provide Wheelchair/Stretcher and Interfacility Ambulance Transportation Services __(memorandum dated February -15, 2016). ____________________________ 105-126_ N. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a American Ambulance Service to Provide Interfacility Ambulance Transportation Services __(memorandum dated February _15, 2016) 127-148 ----------------------------------------------------------- ---- O. Approval of Award for Bid 2016018 — Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling __(memorandum dated February 23, 2016) 149-155 P. Proposed Dark Fiber Lease Agreement with the City of Fellsmere __(memorandum dated February 24, 2016) _ 156.202 March 1, 2016 Page 3 of 7 9• CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Indian River County Sheriff — Deryl Loar Forfeiture Trust Fund __(letter dated February 22, 2016) 203-204 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. MPM Seven, LP Request to Rezone f 12.39 Acres from CL to CH and Request to Rezone f 2.79 Acres from RMH-6 to CL (Appeal of Planning and Zoning Commission Denial) (memorandum dated_February 1.5,_2016)__ 205-248 ------------------------------------------- Quasi Judicial 2. Ordinance Repealing Enterprise Zone Economic Development Ad Valorem Tax Exemption (memo- randum - dated - - February_ 1.7,_2016) 249-254 - - - ---------------------------------------------------------- Legislative B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Gifford Economic Development Council Regarding Historic Society Proclamation _ 255 2. Request to Speak from Anthony Donini Regarding Sebastian Executive Building Hook-up to County Water 256 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS A. Viability of Land Acquisitions Bordering Historic Dodgertown (memorandum dated February -1 5, 2016 257-260 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Parabel USA Inc.'s Request for a Local Jobs Grant __(Memorandum dated February 18, 201.5) 261 -280 ---------------------------------------------------- March 1, 2016 Page 4 of 7 12. DEPARTMENTAL MATTERS B. Emergency Services None C. General Services None 1, Human Services None 2, Sandridge Golf Club None 3, Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None PAGE G. Utilities Services 1. Watermain Assessment Project within North Indian River Drive, Adoption of Resolution IV _(memorandum dated February 20,-201-6)_____--_-_ ______________________281-294_ 13. COUNTY ATTORNEY MATTERS A. Request for Closed Attorney -Client Session Relating to Indian River County vs. Turner Construction Company et al. (Case No.: 312011 CA002999) __(memorandum dated February 19, 20 16) 295 -------------------------------------- B. Places of Worship Administrative Permit Use and Special Exception Use Review _(memorandum dated January 26, 2016) __ 296:305 ------------------------------------------------ March 1, 2016 Page 5 of 7 14. COMMISSIONERS MATTERS PAGE A. Commissioner Bob Solari, Chairman 1. FPL Okeechobee Energy Center (FPL -OEC) _(memorandum dated February 24, 201.6) 306-310 B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Wesley S. Davis None D. Commissioner Peter D. O'Bryan None E. Commissioner Tim Zorc 1. Short -Term Vacation Rental Advisory Committee Recommendation Review _(memorandum dated February 24,_2016) ______________________________________________311__ 2. "The Indian River Lagoon — Are We Making Progress?" A look at our lagoon three years ago and into the future _(memorandum dated February 24, 201.6) 312 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes Meeting of February 2, 2016 2. Approval of Minutes Meeting of February 9, 2016 3. Work Order CCNA-2014 WO No. 4 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill _(memorandum dated February 18, 201.6)_____________________________ 313.329 C. Environmental Control Board None March 1, 2016 Page 6 of 7 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. 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. 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. March 1, 2016 Page 7 of 7 Z. ;P.Ro' -X , ATION. :HONORING THE 2015 2616 -VERO: BEACH. HIGHSCHOOL GIRLS'BASKETBALL TEAM :' WHEREAS; on �Safurday; February' _ 20; 2016; at Tlie,' Lakeland. Center in Lakeland; Fiorida; the Vero Beach High' School Girls Basketball Team -won their first FHSAA Girls Basketball - :State Championship; and - WHEREAS, eriterin the final ame a-\ain • _ g' g . - g sf Boca- Ratori;;-the Indians were .2r:1 and werevidd ious in this.last, hard=fougnt•game:earning'the NUMbb`r"One nankin in tFie State; and -- ' WHEREAS, =With thei* .perseveran'ce; the° Vero Beach Hi h. i g School 'Girls ,Basketball .Team= won ifs first -state. Chjrh ionship•.titleAn its 41 ''year histo ` and ; a WHEREAS; -fhe 2015 2016' Ve%o 'Beach High .School= Girls Basketball Tearri`was comprised ,ofr,the followi_ng'members Kiirs"tin Fonctiam; Na'Kiyah: Glipsy, " Megan orman(captainj; K`ourfiie Harris ` . • _ 'Mollie; Keele - aishall' -'� - ? -: - _ .'Y', K r; Ct eyenne^M ,;Riley`Mille;:Sfiania;Ngp-''Ikea,,Pow_ell;,Christina .. Sims; S'e' . etef,.Caitmt lyn•SiFi. ._ _ _ _ _ - .fi -(cap, _ 1, Jor"d"• n�. ade,.Prage�,lNntemSeyer - = WHEREAS', -the Indians_ 's'acr iices, focus, and determination :is' equaled ;only= by,�the :dedication; _ determinat dh•'bnd: unconditional supp'grt ;of their- parents, •families,. Head :Coach- :Rahshafd 'Mongan; ^� .r - :.Assistarit Coaches -:Linda Hariancf, Dennis Harland, Jennifer.• -,P -.otter and.•Afthur,Andrews andfans;;as`they playedt--of their' oafs NOW, THEREFORE; BE IT'PROC�AIM�ED`BY'THE'BOARD'OF;COUNTY.=COMMISSIONER$ OF = T z INOIAN'RIVER COUNTY;.FLORIDA;'thaf this.Proclamation_t cognizestheacco iiplistiments of•the2015 20'1l6.;yERO BEAG,H- HIGH SC HOOL';GIRLS.BASK ETBALL TEAM =and congratul' i ` - outstar dingvii:.- ates; them ons. their tory : .Duly adopted.this=1st day of�March, 2016. `• - BOARD OF COUNTY COMMISSIONERS; t .1: INDIAN -RIVER ,COUNTY; FLORIDA Bob Solari, Chaiiman' eph E. leschei�,-Vice Chairman - vv, Da is Pet 0'B an Tim Zorc PROCLAMATION �8 DESIGNATING MARCH 2, 2016 AS READ ACROSS AMERICA DAY WHEREAS, the citizens of Indian River County stand firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and, WHEREAS, Indian River County Library System has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well-being and long-term quality of life; and, WHEREAS, "National Education Association's Read Across America," a national celebration of Dr. Seuss's 112th birthday on March 2, 2016, promotes reading and adult involvement in the education of our community's students, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board endorses "National Education Association's Read Across America" and recommits our community to engage in programs and activities to make America's children the best readers in the world, and the Board encourages all citizens to assure every child is in a safe place reading together with a caring adult on March 2, 2016. Adopted this 2nd day of March, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman J seph Flescher, Vice Chairman C Vq,esl S Da Peter D. O'Brian Tim PROCLAMATION 5c DESIGNATING THE MONTH OF MARCH 2016, AS American Red Cross Month WHEREAS, American Red Cross Month is a special time to recognize and thank our Everyday Heroes — those who reach out to help people in need; and, WHEREAS, American Red Cross heroes help disaster victims recover. They bring comfort to families who have lost their homes to fire. They brighten the day of an injured service member. They step forward to help someone having a heart attack; and, WHEREAS, we would like to remember our heroes here in Indian River County who help people in need. They work tirelessly to assist their neighbors when they need a helping hand; and, WHEREAS, across the country and around the world, the American Red Cross responded to disasters. When a family was displaced due to a fire, the Red Cross provided shelter. When an injured service member ended up in a hospital far from home, the American Red Cross offered comfort. When a lifeguard jumped in to save a drowning child - or someone stepped up to help a heart attack victim, the American Red Cross was there; and WHEREAS, we dedicate the month of March to all those who support the American Red Cross mission to be present and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time and money to fulfill its humanitarian mission. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of March, 2016, be designated as American Red Cross Month in Indian River County, and the Board encourages all citizens to support this organization and its noble humanitarian mission. Adopted this 1st day of March, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 0 Bob Solari, Chairman seph . Flescher, Vice Chairman W;'7 a vis , 1-_� k Peter D O'B an Tim Zorc s- C'. Friday larch 11th 2015 (5:00- Midnight) "Wristband Ride Special" Presented by American Red Cross $25.00 wristband day- ride until closing No wristbands sold after 11:00pm Indian River County Youth 4-H Activities in the 94.7 Hot Country livestock pavilion. Barn "King and Queen "Competition is at 7:30 pm Movers de:'Cafe 1Vlains Stage Presents: C Cassidy Diana performing at 6:00 pm ® "Simon Sez" Comedy Hypnosis Showtime 9:30 MidFlorida Credit Union Presents: "The Firefighter Training Show" An Educational Show where Kids are the Firefighters. ShowTime's 5:30 and 8:00pm SOF Inc. Presents "Marcus Magic" Illusion & Comedy Show Times: 6:00 & 8:30pm "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come visit and get your picture taken with them. ® "The Sweeney Family Band" A strolling Country Comedy -Act. Look for them strolling throughout the day and tonight at 8:30 pm on the: Press Journal/TC Palm Exhibit Ball Stage ® "Grizzly Experience" Exhibit and Show sponsored by: 844 -Junk ®ut.com ShowTime's daily at 6:00pm and 8:30pm Press Journal/TC Palm Exhibit Ball Stage Presents: "Teenage Mutant Ninja Turtles" at 5:30pm-6:00pm Vero Beach Karate Association at 6:30pm-7:00pm 3.A.1. "Dixie Wranglers" 4-H Club Dancers at 7pm-7:30pm Vero Beach ragua at 8:00pm-8:30pm "The Sweeney Family Band" at 8:30pm-9:00pm Saturday Larch 12th 2016 (1:00 -Midnight) $30.00 Unlimited Wristband ride special ride until closing tw Presented by:etSafeS`ecuitya( nis, No Wristbands Sold after 11:00pm! Indian River County 4-H Activities in the 94MMo=t_ C WN Livestock Pavillion Citrus Tree Judging @1:15 4-H youth rabbit and Cavy Show @ 3:00 pm Baked Goods Auction @ 7:15 U Whip Cracking Contest 3:00-5:00pm at the -1aflntaearea1 Shooting Sports Competition at the IRC Shooting Range @ 9:00am Winners will be announced @ 7:00pm Donate Blood at the fair today and receive a free T -Shirt, and Wellness check-up which includes Blood pressure check, Iron Count, and Cholesterol Screening. Compliments of One Blood Donate from 1:00 to 6:00pm and receive a Courtesy Pass good for one free admission to the Fair on another day of your choosing. On the Rv..er"side; Cafe lVlairi; Stage; Sunsational Dance Group Kurt Stevens and the Kurt Stevens band at 6:00-8:30 ® "Simon Sez" Comedy Hypnosis Showtime 9:30 "The Sweeney Family Band" A strolling Country Comedy act. Look for them strolling throughout the day and tonight at 8:30 pm on the: Press Journal/TC Palm Exhibit Hall Stage ® "Grizzly Experience" Exhibit and Show sponsored by: 844 -Junk Out.com Show times daily at 3:00 6:00 and 8:30pm "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come visit and get your picture taken with them. ® FIREHOUSE GARAGE Presents: "A Demolition Derby" An exciting and fun crash filled afternoon Start time is 4:00pm at the 94.7 Hot Country Demolition Arena with Musical Entertainment: Press Journal/TC Palm Exhibit Hall Stage presents: Vero Beach Karate Association at 5:30pm-6:00pm "Teenage Mutant Ninja Turtles" at 6pm-7:00pm "Dixie Wranglers" 4-H Club Dancers at 7pm-7:30pm Nero Beach Drama at 8pm-8:30pm "The Sweeney Family Band" at 8:30pm on 3.A. -A. SUNDAY MARCH 13, 2016 (1:00pm-10:00pm) $25 Unlimited Wristband Special Presented by: Dale`; Sore�ise�^Real=Estate Ride until closing. No Wristbands Sold After 9:00pm Indian River County Youth 4-H Activities in the 94.7 Hot Country Livestock Pavilion 4-H Poultry Show starts at 1:30pm 4-H Market Swine Show is at 4:00pm Donate Blood at the fair today and receive a FREE T-SHIRT, and a wellness checkup, including blood pressure, Iron count, and cholesterol screening. Compliments of One Blood Donate from 1:00-6:00pm and receive a Courtesy Pass good for admission on another day of your choosing. Performing on the RiversdefCafe;lVlair' Sta 'e' "Teenage Mutant Ninja Turtles" at 4:00 pm "Smokin Country" ShowTime at 6:00pm MidFlorida Credit Union Presents: "The Firefighter Training .Show" An Educational Show where MDS are the Firefighters. ShowTimes: 2:00pm, 5:00pm & 8:00pm "The Sweeney Family Band" A strolling Country Comedy Act. Look for there strolling throughout the day and tonight at 8:30 pm on the: Press Journal/TC Palm Exhibit Hall Stage "Grizzly Experience" Exhibit and Show sponsored by: 844 -Junk ®ut.com ShowTime's daily at 3:00 6:00 and 8:30pm "Marcus Magic" Illusion & Comedy presented by: SOF Inc. ShowTime's: 3:00 6:00 & 8:30pm 3.A.S "Teenage Mutant Ninja 'Turtles" will be protecting the grounds daily. Come see them and get your picture taken with them. Press JournaUTC Palm Exhibit Mall Stage presents: "Teenage Mutant Ninja Turtles" at 3-4pm "The Sweeney Family Band" at 4-5pm and Bpm on "Dixie Wranglers" 4-H Club Dancers at 7-7:30 pm Old Florida Bonsai Demonstration and Education In the main exhibit hall from 1:00pm to 5:00pm 3•R•(a- MONDAY MARCH 14, 2016 (5:00pm-11:00pm) CARLOAD NIGHT Presented by: ;99:7 Jack�F°M Ride Special for $70 includes up to seven (7) persons seat -belted in a vehicle with gate admission and ride wristband. NO WRISTBANDS SOLD AF'T'ER 10:00pm Indian River County_ Youth 4 -II Activities in the 94 7 of "C_ountry Livestock Pavilion 4-H Youth BBQ Cooking competition 5:30-8:30pm ® "Dixie Wranglers" 4-I3 club dancers perform at 6:00pm e 4-H Breedstock Show is at 7:00pm ® The Aerial Antics Perform at 6:00pm On the:: Rvefsi'dWCafelaiTStage Followed by "Southern Exposure" ShowTime 7:30-10:00pm Wlkesl':4°Bo`nes Presents: "The HOT Wing Eating Competition" with a $100 Cash prize in each division. Adult male, female and youth Starts at 8:00pm On the Press Journal/TC Palm Exhibit Mall Stage MidFlorida Credit Union Presents: "The Firefighter Training Show" An Educational Show where MDS are the Firefighters. Show times: 5:30pm & 8:00pm o SOF Inc. Presents: "Marcus Magic" Illusion & Comedy Show times: 6:00pm & 8:30pm 0 "The Sweeney Family Band" A strolling Country Comedy Act. Look for them strolling throughout the day and tonight at 8:30 pm on the: Press Journal/TC Palm Exhibit Hall Stage 9 A strolling Country Comedy Act. "Grizzly Experience" Exhibit and Show sponsored by: 844 -Junk ®ut.com ShowTime's daily at 6:00 and 8:30pm 3. A .'7. "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come see them and get your picture taken with them. Press Journal/TC Palm Exhibit Hall Stage presents: "Teenage Mutant Ninja Turtles" at 5:30-6:OOpm "Dixie Wranglers" 4-H Club Dancers at 7-7:30 pm "The Sweeney Family Band" at Bpm on NEED; §m HER 3,A •g• TUESDAY MARCH 15, 2016 (5:00pm-11:00pm) WRISTBAND RIDE SPECIAL Presented by: The Breeze 93.7 Benefits:' Harvest Food & Outreach Programs Fair patrons who bring one (1) can or boxed food container per -person can pay $22.00 and ride until closing. $25.00 Price WITHOUT A FOOD CONTAINER NO WRISTBANDS SOLD AFTER 10:00pm Indian River County Youth 4-H Activities in the 94.7 Hot Country Livestock Pavilion 4-11 Youth Meat -Goat Breeding Show is at 7:OOpm On the WersiWCafe.l*afl :'SUA The Ladies of ,Soul Performs at 6:00 Stenon Sez "Coinecly Hypnosis" ShowTime 9:30pm MidFlorida Credit Union Presents: "The Firefighter Training Show" An Educational Show where FIDS are the Firefighters. Show times: 5:30pm & 8:00pm SOF Inc. Presents: "Marcus Magic" Illusion & Comedy Showtime's daily at 6:00 and 8:30pm "The Sweeney Family Band" A strolling Country Comedy Act. Look for them strolling throughout the day and tonight at 5:00 pm on the: Press Journal/TC Palm Exhibit Hall Stage 9 "Grizzly Experience" Exhibit and Show sponsored by: 844 -Junk Out.com Showtime's daily at 6:00 and 8:30pm "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come see them and get your picture taken with them. S.A.R Press Journal/TC Palin Exhibit Hall Stage presents: "'Teenage Mutant Ninja Turtles" at 5:30-6:30 Vero Beach Karate Association at 6:30pm-7:00pm "Dixie Wranglers" 4-H Club Dancers at 7:00pm-7:30 pm 3,A. 10 WEDNESDAY MARCH 16th, 2016 (5:00pm-11:OOpm) $20 Midweek Ride Special Presented by: Snyder Plumbing $20 Wristband Day - ride until closing. No Wristbands Sold After 10:00pm Indian River County Youth 4-H Activities in the 94::7'=I®t=,Co,utry Livestock Pavilion 4-H Youth Swine Showmanship is at 7:30pm On the Riverside Cafe Main Stage "Dixie Wranglers" 4-H Club Dancers perform at 6:OOpm • MidFlorida Credit Union Presents: "The Firefighter Training Show" An Educational Show where MDS are the Firefighters. Show times: 5:30pm & 8:00pm . SOF Inc. Presents: "Marcus Magic" Illusion & Comedy Show times: 6:OOpm ski 8:30pm "The Sweeney Family Band" A strolling Country Comedy Act. Look for them strolling throughout the day and nightly at tonight at 8:00pm on the: Press Journal/TC Palm Exhibit Mall Stage "Grizzly Experience" Exhibit and Show sponsored by: 844-Junk>Out.com ShowTime's daily at 6:00 and 8:30 3.A. I1. "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come see there and get your picture taken with there. Press Journal/TC Palm Exhibit Hall Stage presents: "Teenage Mutant NinjaTTurtles" at 5:30-6:30 "Dixie Wranglers" 4-H Club Dancers performs at 7:00pm-7:30pm "The Sweeney Family Band" Bpm on 3. AAa- THURSDAY MARCH 17, 2016 (5:00pm-11:00pm) WRISTBAND RIDE SPECIAL Presented by: The Breeze 93.7 Benefits: Harvest Food & Outreach Programs Fair patrons who bring one (1) can or boxed food container per -person can pay $22.00 and ride until closing. $25.00 Price WITHOUT A FOOD CONTAINED NO WRISTBANDS SOLD AFTER 10:00pm Indian River County Youth 4-H Activities in the 94.7 Hot Country Livestock Pavilion 4-H Steer Show starts at 7:00pm Performs at 5:30 On the Riverside Cafe Main Stage Followed by: Simon Sez "Comedy Hypnosis" ShowTime 9:30pm MidFlorida Credit Union Presents: "The Firefighter Training Show" An Educational Show where FIDS are the Firefighters. Show times: 5:30pm & 8:00pm SOF Inc. Presents: "Marcus Magic" Illusion & Comedy Showtime's: 6:00 & 8:30pm e "The Sweeney Family Band" A strolling Country Comedy Act. Look for them strolling throughout the day and nightly at 7:00 pin on the: Press Journal/TC Palm Exhibit Fall Stage 3,A. 12). "Grizzly Experience" Exhibit and Show sponsored by: 844-Junk>Out.com ShowTime's daily at 6:00 and 8:30pm "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come see them and get your picture taken with them. Press Journal/TC Palm Exhibit Hall Stage presents: "Teenage Mutant Ninja Turtles" at 5:30-6:30 Vero Beach Karate Association at 6:30pm-7:OOpm "Dixie Wranglers" 4-H Club Dancers performs at 7:OOpm-7:30pm "The Sweeney Family Band" Bpm on 3.A-0- FRIDAY MARCH 18th, 2016 (5:00pm-Midnight) WRISTBAND RIDE SPECIAL Presented by: Press Journal/ TC Palm $25 Wristband Day - ride until closing. No Wristbands Sold After 11:00pm Benefits: The American Red Cross For every paid adult visitor, the Pair will donate $1. Indian River County Youth 4-H Activities in the 94.7 Hot Country Livestock Pavilion Steer Grooming is at 6:00pm Karaoke Contest is at 8:00pm Followed by the Hoe -Down Barn Dance "The Cheyenne Band" Performs at7 6:00pm On the Iversde;CafelVla�n::Sta e' "Simon Sez" Comedy Hypnosis Show time 9:30pm MidFlorida Credit Union Presents: "The Firefighter Training Show" An Educational Show where MDS are the Firefighters. Show times: 5:30pm & 8:00pm G SOF Inc. Presents: "Marcus Magic" Illusion & Comedy ShowTime's: 6:00pm & 8:30pm "The Sweeney Family Band" A strolling Country Comedy Act. Look for them strolling throughout the day and tonight at 8:00 pm on the: Press Journal/TC Palm Exhibit Hall Stage -3-A-16. 9 "Grizzly Experience" Exhibit and Show sponsored by: 844-Junk>Out.com ShowTime's daily at 6:OOpm and 8:30pm "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come see them and get your picture taken with them. Press Journal/TC Palm Exhibit Hall Stage presents: "Teenage Mutant Ninja Turtles" at 5:30-6:310 Vero Beach Karate Association at 6:30pm-7:00pm "Dixie Wranglers" 4-H Club Dancers performs at 7:OOpm-7:30pm "The Sweeney Family Band" 3:OOpm on &A•ito. SATURDAY MARCH 19, 2016 (1:00pm-Midnight) $30 Unlimited Wristband Special Ride until closing Presented by: Skate Factory No Wristbands Sold After 11:00pm Indian River County Youth 4-11 Activities in the ^mac;—• ""?_,� .� 947..HotColt=y Livestock Pavilion Livestock Byers Appreciation Dinner is from 3:00-5:00pm STEER, SWINE, RABBIT and CITRUS TREE AUCTION is at 5:00pm A Silent Auction of citrus trees and Poultry ends at 5:00p On the 1ers�eCafef=laa'Stage ® "Kurt Stevens and the Kurt Stevens band" Performs at 6:00pm Special Presentation for Burn Victims of Indian River County at 9:00pm ",Simon .Sez" Comedy Hypnosis ShowTime 9:30prn Old Florida Bonsai Demonstration and Education - In the main exhibit hall from 1:00pm to 5:00pm MidFlorida Credit Union Presents: "The Firefighter Training 'how" An Educational Show where MDS are the Firefighters. Show times: 2:00pm, 5:00pm & 8:00pm 3-4- IT • SOF Inc. Presents: "Marcus Magic" Illusion &Comedy Show times: 2:30pm, 5:30pm & 8:30pm "The Sweeney Family Band" A strolling Country Comedy Act. Look for them strolling throughout the day and=-tunight at 8:00 pm on the: Press Journal/TC Palm Exhibit Hall Stage "Grizzly Experience" Exhibit and Show sponsored by: 844 -Junk ®ut.com ShowTime's daily at 2:30 5:30 and 8:30pm ® FIREHOUSE GARAGE Presents: Demolition Derby" An exciting -and fun afternoon Start time is 4:00pm at the 9Demolition Arena with Musical Entertainment: "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come see them and get your picture taken with them. 3.AA- Press Journal/TC Palm Exhibit Hall Stage presents: "Teenage Mutant Ninja Turtles" at 5:30-6:30 Vero Beach Karate Association at 6:30pm-7:00pm "Dixie Wranglers" 4-H Club Dancers perforins at 7:00pm-7:30pm "The Sweeney Family Band" 8:00pm on 3.A.,11. SUNDAY MARCH 20th, 2016 (1:00pm-10:00pm) $25 UNLIMITED RIDE SPECIAL Presented by: F1'ol'idaT-oaciban Benefits: The Salvation Army's Local Outreach Collection is from 1:00pm till 8:00pm only All fair patrons who bring one (1) article of clothing per -person and arrive before 8:00pm can pay $22.00 and rides until closing. $25.00 Price WITHOUT AN ARTICLE OF CLOTHING NO WRISTBANDS SOLD AFTER 9:00pm Donate Blood at the fair today and receive a .FREE T-SHIRT, and a wellness checkup, including blood pressure, Iron count, and cholesterol screening. Compliments of One Blood Donate from 1:00-6:00pm Indian River County 4 -II Activities End The Livestock Pavilion is CLOSED TO THE PUBLIC Ilitchiti Indian Dancers from the Aal-Pa-Tah-Lodge Boy Scouts of America Performs at 1:30pm-& 4:00pm On the AKers de�_ . IVgai :Sta e Old Florida Bonsai Demonstration and Education In the main exhibit hall from 1:00pm to 5:00pm O MidFlorida Credit Union Presents: "Tile Firefighter Training ,Show" An Educational Show where FIDS are the Firefighters. Show times: 2:00pm, 5:00pm & 8:00pm G SOF Inc. Presents: "Marcus Magic" Illusion &Comedy Show times: 2:30pm, 5:30pm & 8:30pm "The Sweeney Family Band" A strolling Country Comedy Act. Look for them today at 4:00 pm on the: Press Journal/TC Palm Exhibit Hall Stage O "Grizzly Experience" Exhibit and Show sponsored by: 844 -Junk Out.com ShowTime's daily at 2:30pm 5:30 and 8:30 pm "Teenage Mutant Ninja Turtles" will be protecting the grounds daily. Come see them and get your picture taken with them. Press Journal/TC Palm Exhibit Hall Stage presents: "Teenage Mutant Ninja Turtles" at 2:00-4:00 "The Sweeney Family .band" 4:OOpm on 3. A -dl- .�zK- A Florida Department of Health in Indian River Indian River Mosquito Control District 2016 11'D%AN #11, JQN E-1 HEALTH Zika Virus • Originally identified in Africa and Southeast Asia e First identified in Uganda's Zika Forest in 1947 • Outbreaks since 2007 • Spread by the same mosquito (Aedes spp.) as dengue, chikungunya and yellow fever ,!Y - e . 3-6- 1 L, Zika Fever Symptoms • Incubation period: 2-14 days • Only 1 in 5 people infected will become symptomatic • Symptoms are usually mild Most common signs and symptoms • Fever (often low-grade) • Rash • Joint pain • Red eyes • Muscle ache • Headache • Pain behind the eyes • Vomiting Zika Fever (continued) • Symptoms can be similar to other illnesses like dengue and chikungunya — but milder • No specific treatment • No vaccine but research underway • Possible link to Guillain-Barre Syndrome (GBS) and poor pregnancy outcomes 8.6• 2 Zika Virus Link to Microcephaly? Baby with Microcephaly Baby with Typical Head Size Typical head size" -- �• AT http://www.cdc.gov/ncbddd/birthdefects/microcephaly.html L -- CDC Travel Alert/HAN • Travel Alert Level 2 -Practice Enhanced Precautions • Pregnant women in any trimester should postpone travel • Women trying to become pregnant should consult healthcare provider before travel • Avoid mosquito bites • http://www.cdc.gov/media/releases/2016/sO315-zika- virus-travel.html • http://wwwnc.cdc.gov/travel/notices • http://emergency.cdc.gov/han/han00385.asp • EpiCom a• &.. 3 Executive Order Number 16-29 • Directs State Health Officer (SHO) and Surgeon General to declare Public Health Emergency in counties with imported cases • Directs meetings be convened in the impacted counties to discuss mosquito control best practices and outreach to communities with high risk or vulnerable populations • County Health Officers for affected counties develop outreach program for local medical professionals to increase awareness and access to diagnostic tools tv Emergency Rules Noticed • Noticed February 5, 2016 • 64DER16-1(64D-3.029) Diseases or Conditions to be Reported • Requires immediate reporting to DOH of suspected or confirmed cases of the Zika virus by physicians, hospitals, and laboratories • 64DER16-2 (64D-3.040) Procedures for Control of Specific Communicable Diseases • Hospitals with suspected or confirmed cases of the Zika virus shall provide case status reports every 24 hours • Physicians with suspected or confirmed cases of the Zika virus shall provide case status reports every 72 hours dab 3. d . 4 Local Actions and Response • Response plan for Dengue/Chikungunya/Zika in partnership with Mosquito Control • Inform local mosquito control officials of suspect cases • Inform State Epidemiology on suspicion of locally acquired cases • Health Department is regularly communicating with health care providers on latest guidance and conducting surveillance • Hospitals • Clinicians • Other community partners • Provide public information on disease, transmission, prevention, protective actions • Planning meeting at the EOC with partners in accordance -wit -h -- the Executive Order as a proactive step Status • To date no cases of locally acquired Zika have been reported • Over 28 cases acquired outside the US reported in several different counties in FL • Over 147 cases reported in the continental US and Territories 3-6. 5 Only two Florida mosquito species can transmit Zika, dengue or chikungunya viruses! Virus transmission cycle Aedrs»sW•,o Aedes aegypti "Yellow fever mosquito" Aedes albopictus "Asian tiger mosquito" Flscal Yoar Not Tons 1992.93 46.0 1993.94 74.2 1994-95 46.9 1995-96 35.0 1996.97 18.1 199798 20.2 1998.99 16.8 1999-00 21.2 200401 43.1 2001-02 28.3 2002-03 414 2003-04 52.6 2004-05 36.2 2005-06 43.4 2006-07 53.7 2007.08 51.7 2008-09 52.8 2009.10 66.0 201411 63.9 2011.12 42.9 2012-13 44-1 201314 45.9 2014-15 48.1 �n1S-1t; Tt 7 WASTE TIRE COLLECTION PROGRAM IRMCO TIRE PROGRAM COLLECTION TOTALS --------------—'----- - --. _.— ---.._....--........ - - --- 70.0:_.. ......... __. i o a 400 `v 300— • w _ 1 20D too o.o,- 93 94 95 96 97 93 99 00 01 02 Cl W CS 06 07 03 09 10 11 12 13 14 15 16 Data Collected thru: 124/2016 101,617 Tues 4.359 Tites per year (avg) 23 3 Years o1 Tire Collection 1016,2 Total Tons Collected Since 10/1192 Characteristics of mosquitoes transmitting Zika, dengue or chikungunya viruses • Day -time biters • Aquatic stages in artificial containers, bromeliads, treeholes • Short flight -range; adults stay close to hatching site • Aggressive, persistent man -biters Control of mosquitoes transmitting Zika, dengue or chikungunya viruses • Control of adults is a problem (mosquitoes are not flying at night when spraying is most useful) • Targeted spraying around infested residences can help • Elimination of container habitats around homes and work places is the only truly effective control measure! I More Information Florida Department of Health in Indian River Environmental Health— 772-794-7440 http://indianriver.floridahealth.gov/alerts.html Indian River Mosquito Control District 772-562-2393 http://irmosguito.com/irmcd-web/index.php 3.9. 8 e ' HEALTH m;.:�: rsre. twrty 3.9. 8 7A INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 24, 2016 FROM: Jason E. Brown Director, Office of SUBJECT: UPDATE ON ALL DESCRIPTION ELECTRIC EXPENSES Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 2/24/16. ATTACHED: • All Aboard Fl. expenses thru 2/24/2016 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses 2/24/2016 spreadsheet. APPROVED AGENDA ITEM: I'" Josejh A. Baird County Administrator FOR: March 1, 2016 Indian River County ved Date Administrator Legal Z %6 Budget I�AZ JL4LIG Department Risk Mana ement 4 All Aboard Florida Expenses Indian River County 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acctk00110214-033110-15023 Legal Services Date Vendor Amount Note 2/9/2016 Bryan Cave LLP $16,410.09 Fees for legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Gve LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $123,338.19 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -lune 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,50350 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $61749 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,96230 Fees for Legal Services Subtotal Expenses FY 14/1S $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 'Split between St.Lucle, Indian River, and Martin Counties Accta00110214-033190-15023 Other Professional Services 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $41750 IRC vs Rogoff Subtotal Expenses FY 15/16 $424.35 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $447810.15 Acctg00110214-034020-IS023 All Travel 1/6/2016 MHG Tallahasse AL P $149.00 Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,070.20 9/8/2015 Doubletree Orlando $27136 Oriando-Travel-FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acctp11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CVM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total expenses processed as of 2/24/16 $1,324,869.80 F•\Budget\AII Aboard FL Expenses All Aboard Florida Expenses Indian River County Total Board authorized budget for FY 15/16 $1,100,000.00 Total Board authorized budget for FY 14/15 $1,287,985.00 Total Board authorized budget for FY 13/14 $168,740.00 Total Budgeted 13/14-15/16 $2,556,725.00 Remaining Balance $1,231,855.20 F,\Budget\AII Aboard FL Expenses Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110.15024 Legal Services 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $30,707.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 Travel Other Prof. Services /Legal Advertising 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 $111.26 Subtotal Expenses FY 15/16 $12,274.851 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $958.92 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 Total expenses proceseed as of 2/24/16 $309,091.62 F•\Budget\FP&L-Vero Beach-FMPA expenses % Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Date Budget 10/1/2015 FY 15/16 Budget $50,000.00 9/15/2015 Legal Services $60,000.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $340,000.00 Remaining Balance $30,908.38 F•\Budget\FP&L-Vero Beach-FMPA expenses JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 11, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 5, 2016 to February 11, 2016 .0 �� b R0 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 February 5, 2016 to February 11, 2016. Attachment: 9 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 3;5905 02;10/2016 UTIL REFUNDS 121 17 335906 02/10/2016 UTIL REFUNDS 14.58 335907 02/10;2016 UTIL REFUNDS 76 12 335908 02! 10/2016 UTIL REFUIDS 44 80 335909 02/10/2016 UTIL REFUNDS 17.50 335910 02/10!2016 UTILREFUNDS 43 97 335911 02/10/2016 UTIL REFUNDS 79.27 335912 02/10!2016 UTIL REFUNDS 174 54 335913 02/10/2016 UTIL REFUNDS 112) 1 335914 02/10/2016 UTIL REFUNDS 67.24 335915 02/10/2016 UTIL REFUNDS 4749 335916 02/10/2016 UTIL REFUNDS 43.28 335917 02/10/2016 UTIL REFUNDS 476 12 335918 02/10/2016 UTIL REFUNDS 8542 335919 02!10/2016 UTIL REFUNDS 11445 335920 02/10/2016 UTIL REFUNDS 7549 335921 02!10/2016 UTIL REFUNDS 2086 335922 02/10/2016 UTIL REFUNDS 91 12 335923 02/10/2016 UTIL REFUNDS 31.33 335924 02/10/2016 UTIL REFUNDS 8006 335925 02/10/2016 UTIL REFUNDS 65.39 335926 02/10/2016 UTIL REFUNDS 194.64 335927 02/'10/2016 UTIL REFUNDS 42.88 335928 02/10/2016 UTIL REFUNDS 38 76 335929 02/10/2016 UTIL REFUNDS 8086 335930 02/10/2016 UTIL REFUNDS 4091 335931 02/10/2016 UTIL REFUNDS 877.23 335932 02/10/2016 UTIL REFUNDS 81 48 335933 02/10/2016 UTIL REFUNDS 35.20 335934 02/10/2016 UTIL REFUNDS 124.29 335935 02/10/2016 UTIL REFUNDS 7.69 335936 02/10/2016 UTIL REFUNDS 7 18 335937 02/10/2016 UTIL REFUNDS 29.38 335938 02/10/2016 UTIL REFUNDS 7644 335939 02/10/2016 UTIL REFUNDS 30.38 335940 02!10/2016 UTIL REFUNDS 83.21 335941 02/10/2016 UTIL REFUNDS 14.31 335942 02/10/2016 UTIL REFUNDS 43.43 335943 02/10/2016 UTIL REFUNDS 45.16 335944 02/10/2016 UTIL REFUNDS 67.90 335945 02/10/2016 UTIL REFUNDS 7.28 335946 02/10/2016 UTIL REFUNDS 86.53 335947 02/11/2016 TARGET CORPORATION 10000 335948 02/11/2016 PORT CONSOLIDATED INC 24;036 18 335949 02/11/2016 SPEEDWELL TARGETS 457.28 335950 02/11/2016 FIRE EQUIPMENT SVC OF ST LUCIE INC 45.00 335951 02/11/2016 JORDAN MOWER INC 507.35 335952 021/11/2016 TEN -8 FIRE EQUIPMENT INC 1.751 77 335953 02,`11/2016 VERO CHEMICAL DISTRIBUTORS INC 118.20 335954 02/11/2016 RICOH USA INC 29.38 335955 02/11/2016 CHISHOLM CORP OF VERO 55 00 335956 02/11/2016 KIMLEY HORN & ASSOC INC 1,374.00 335957 02!11/2016 VELDE FORD INC 132.24 335958 02/11/2016 DATA FLOW SYSTEMS INC 2.280 89 335959 02/11/2016 PARALEE COMPANY INC 500 00 335960 02/11/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 5446 335961 02/11 /2016 GRAINGER 212 79 335962 02.111/2016 KELLY TRACTOR CO 805 76 10 TRANS NBR DATE VENDOR AMOUNT 335963 02/11/2016 MCMASTER CARR SUPPLY CO 1.009 10 335964 02/11/2016 HACH CO 3,11465 335965 02/11 /20 16 CLIFF BERRY INC 24 90 335966 02/11 /2016 MASTELLER MOLER & TAYLOR INC 4.546 00 335967 02/11/2016 HD SUPPLY WATERWORKS. LTD 9.401 47 335968 02/11/2016 BOUND TREE MEDICAL LLC 95647 335969 02/11/2016 PETES CONCRETE I.S00 00 335970 02/11/2016 GULF ICE SYSTEMS INC 1.665 83 335971 02/11!-')0 16 VERO INDUSTRIAL SUPPLY INC 78791 335972 02/11/2016 TIRESOLES OF BROWARD INC 487 50 335973 02/11/2016 H C WARNER INC 2.242.17 335974 02/11/2016 BARTH CONSTRUCTION INC 38._143 54 335975 02/11/2016 DELL MARKETING LP 25 89 335976 02/11/2016 ABC CONCRETE CUTTING INC 643 75 335977 02/11/2016 XEROX CORP SUPPLIES 233.46 335978 02/11/2016 GOODYEAR AUTO SERVICE CENTER 1.963.32 335979 02/11/2016 BAKER & TAYLOR. INC 1.401 17 335980 02/11/2016 MIDWEST TAPE LLC 876 57 335981 02/11/2016 MWI CORP 1;062.13 335982 02/11/2016 MWI CORP 1;906.32 335983 02/11/2016 NIICROMARKETING LLC 12 1.15 335984 02/11/2016 K & M ELECTRIC SUPPLY 1;082.54 335985 02/11/2016 I KRUGER INC 3;470 77 335986 02/11/2016 GO COASTAL INC 51 80 335987 02/11/2016 SOFTWARE HARDWARE fN'TEGRATION 33600 335988 02/11/2016 SUNSHINE SAFETY COUNCIL INC 28000 335989 02/11/2016 LINDSEY GARDENS LTD 491 00 335990 02/11/2016 INDIAN RIVER COUNTY HEALTH DEPT 2;148.30 335991 02/11/2016 ROGER J NICOSIA 54000 335992 02/11/2016 CITY OF VERO BEACH 1,52678 335993 02!11/2016 CITY OF VERO BEACH 20,86085 335994 02/11/2016 CHAPTER 13 TRUSTEE 368.38 335995 02/11/2016 INDIAN RIVER ALL FAB INC 2.427 08 335996 02/11/2016 UNITED PARCEL SERVICE INC 61 66 335997 02/11/2016 PETTY CASH 28.59 335998 02/11/2016 LIVINGSTON PAGE 14400 335999 02/11 /20 16 JANITORIAL DEPOT OF AMERICA INC 563.33 336000 02/11/2016 PUBLIX SUPERMARKETS 215.00 336001 02/11/2016 PUBLIX SUPERMARKETS 7.32 336002 02/11/2016 WAL MART STORES EAST LP 28500 336003 02/11/2016 ACUSHNET COMPANY 2;529.64 336004 02/11/2016 AQUAGENIX 695 50 336005 02/11/2016 FLORIDA WATER & POLLUTION CONTROL 25500 336006 02/11/2016 FLORIDA WATER & POLLUTION CONTROL 25500 336007 02/11/2016 FLORIDA WATER & POLLUTION CONTROL 255 00 336008 02/11/2016 FLORIDA WATER & POLLUTION CONTROL 255.00 336009 02/11/2016 FLORIDA WATER & POLLUTION CONTROL 25500 336010 02/11/2016 GEOSYNTEC CONSULTANTS INC 6.486.52 336011 02/11/2016 IRC CHAMBER OF COMMERCE 50000 336012 02/11/2016 IRC CHAMBER OF COJAMERCE 12,039 99 336013 02/11 /2016 WEST PUBLISHING CORPORATION 37700 336014 02/11/2016 FEDERAL EXPRESS CORP 2180 =36015 02/11/2016 FEDERAL EXPRESS CORP 45.29 336016 02/11/2016 CENTRALA/C & REFRIGERATION SUPPLY 1.143 00 336017 02/11;2016 TYLER TECHNOLOGIES INC 80000 336018 02/11/2016 FLORIDA FIRE CHIEFS ASSOCIATION 27500 336019 02/11/2016 DON LAWLESS 60.00 336020 02/11/2016 SUBSTANCE AWARENESS COUNCIL OF IRC INC 15;576 99 336021 02/11/2016 FLORIDA POWER AND LIGHT 16,768.33 336022 02/11/2016 FLORIDA POWER AND LIGHT 1.139 85 11 TRANS NBR DATE VENDOR AMOUNT 336023 02/11/2016 FLORIDA BLUE 959.76 336024 02!11/2016 TAYLOR MADE GOLF CO INC 1.271.97 336025 02/11/2016 FLORIDA PUBLIC EMPLOYER LABOR 100.00 336026 02/11/2016 AMERICAN PLANTING ASSOCIATION 355 00 336027 02/11/2016 STRUNK FLTERAL HOMES & CREMATORY 85000 336028 02/11/2016 JOSEPH A BAIRD 944 84 336029 02/11/2016 JASON E BROWN 412.28 336030 02/11/2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1.00000 336031 02/11/2016 GERALD A YOUNG SR 10500 336032 02/11/2016 HENRY SMITH 19800 33603= 02/11/2016 MIZUNO USA INC 97?6 336034 02/11!2016 PITNEY BOWES INC 71.24 336035 02/11/2016 ALAN C KAUFFMANN 16000 336036 02/11/2016 JOHN BROWN & SONS INC 6,01250 336037 02/11!2016 GOVERNORS HURRICANE CONFERENCE 260.00 336038 02/11/2016 CHILDREN'S HOME SOCIETY OF FL 5.807.26 336039 02/11/2016 BANK OF NEW YORK 1,587.50 336040 02/11/3016 JONATHAN CLARK 49 75 336041 02/11/2016 HAYTH.HAYTH & LANDAU 125 00 336042 02/11/2016 FORT PIERCE HOUSING AUTHORITY 597.72 336043 02/11/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 40000 336044 02/11/2016 FLORIDA ASSOC OF CODE ENFORCEMENT 55 00 336045 02/11/2016 GORDON SPARKS 59 50 336046 02/11/2016 PERKINS COMPOUNDING PHARMACY 82.28 336047 02/11/2016 RUSSELL PAYNE INC 1.26441 336048 02/11/2016 TRANE US INC 7.668.72 336049 02;11/2016 CELICO PARTNERSHIP 66072 336050 02/11/2016 JOHN COLONTRELLE 67000 336051 02/11!2016 CINDY CORRELATE 23 76 336052 02/11/2016 VAN WAL INC 12800 336053 02/11 /20 16 ELECTRONIC ACCESS SPECIALIST 82650 336054 02;11/2016 JOSEPH W VASQUEZ 120.00 336055 02/11!2016 ALAN HILL 491.03 336056 02/11/2016 PARGAS 384.25 336057 02/11/2016 MBV ENGINEERING INC 4,855 80 336058 02/11/2016- CENTRAL PUMP & SUPPLY INC 67.33 3.16059 02/11/2016 MCMAHON ASSOCIATES INC 8,037.00 336060 02/11/2016 DICKERSON FLORIDA INC 118.837.48 336061 02/11/2016 JOHN SCOTT DAILEY 8500 336062 02/11/2016 GLOVER OIL COMPANY INC 991.25 336063 02/11/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 243.24 336064 02/11!2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 246 54 336065 02!1 ],,'2 016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 137 56 336066 02/11/2016 GARY L EMBREY 72.00 336067 02/11/2016 LARRY STEPHENS 16200 336068 02/11/2016 KEN CHATAM 12000 336069 02/11/2016 PETER OBRYAN 121 59 336070 02/11/2016 PAK MAIL 9540 336071 02/11/2016 SCNS INC 120 00 336072 02/11/2016 JOHNTIY B SMITH 11200 336073 02/11/2016 CHARLES WALKER 80.00 336074 02/11/2016 THOR GUARD INC 699.82 336075 02/11/2016 RUBY TUESDAY INC 11500 336076 02111/2016 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 2,50000 336077 02/11/2016 CHARLIE JAMES BRISTOL 30000 336078 02/11/2016 RENAE CHANDLER 4000 336079 02;11/2016 TREASURE COAST FOOD BANK INC 20460 336080 02/11/2016 MARIN'CO BIOASSAY LABORATORY INC 1.980.00 336081 02/11/2016 MICHELLE VAN KEULEN 75 00 336082 02/11/2016 K'S COMMERCIAL CLEANING 1.873.89 12 TRANS NBR DATE VENDOR AMOUNT 336083 02/11!2016 FLORIDA ATLANTIC UNIVERSITY 48000 336084 02/11/2016 TRI TEL INC 4950 336085 02/11/2016 TERESA PULIDO 330.00 336086 02/11/2016 VERA SMITH 36 00 336087 02/11/2016 GARRETT SMITH 270.00 3.36088 02/11/2016 AMER]CHEM LAWN & PEST CONTROL INC 20000 336089 02/11/2016 V.']TTENBACH BUSINESS SYSTEMS INC 22050 336090 02/11 /20 16 INEOS NEW PLANET BIOENERGY LLC 103 18 336091 02/11/2016 INEOS NEW PLANET BIOENERGY LLC 74.749 66 336092 02/11 /20 16 WOERNER DEVELOPMENT INC 9650 336093 02/11/2016 KEMPER BUSINESS SYSTEMS 25 00 336094 02/11/2016 ECMC 241 92 336095 02/11/2016 YOUR AQUA INSTRUCTOR LLC 30.00 336096 02/11;2016 MURPHY & WALKER P L 10.553.28 336097 02/11/2016 FLORIDA COAST EQUIPMENT INC 96500 336098 02/11/2016 OVERDRIVE INC 2.186.78 336099 02/11/2016 FLORIDA ENVIRONMENTAL CONSULTING INC 2.833 33 336100 02/11/2016 CIT FINANCE LLC 186.21 336101 02/11/2016 KEITH GROCHOLL 6000 336102 02/11/2016 LINDA GRAHAM 24000 336103 02/11/2016 REHMANN GROUP LLC 36.000.00 336104 02/11/2016 CLEAN SWEEP & VAC LLC 4,45440 336105 02/11/2016 REPROGRAPHIC SOLUTIONS INC 20 16 336106 02/11/2016 LOWES HOME CENTERS INC 3.025.36 336107 02111/2016 MACK INDUSTRIES INC120.600 00 336108 02/11/2016 PPG ARCHITECTURAL FINISHES INC 42000 336109 02/11/2016 CANON SOLUTIONS AMERICA INC 1,05816 336110 02/11/2016 EMILY K DIMATTEO 1000 336111 02/11/2016 ALEX MIKLO 60.00 336112 02/11/2016 STEVEN G HANSEN 12000 336113 02/11/2016 BURNETT LIME CO INC 6,41760 336114 02/11/2016 LEARNING ALLIANCE 14.051.27 336115 02/11/2016 COMMERCIAL BUILDING MAINTENANCE 1.643.00 336116 02/11/2016 PENGUIN RANDOM HOUSE LLC 33 75 336117 02/11/2016 SCADA SOLUTIONS LLC 2,80000 336118 02/11/2016 SOUTHERN MANAGEMENT LLC 2;992.00 336119 02/11/2016 MICHAELYOUNG 6000 336120 02/11/2016 STEWART & STEVENSON FDDA LLC 2,78050 336121 02/11/2016 DEBORAH CUEVAS 3600 336122 02/11/2016 RYAN HERCO PRODUCTS CORP 63.31 336123 02/11/2016 DYLAN REINGOLD 102.87 336124 02/11,12016 KATE P COTNER 409.39 336125 02/11/2016 WADE WILSON 6000 336126 02/11 /2016 FAMILY SUPPORT REGISTRY 966 336127 02/11/2016 FAMILY SUPPORT REGISTRY 14679 336128 02/11/2016 SARAH SPANN 811 00 336129 02/11/2016 THE LAW OFFICES OF 1.021 00 336130 02/11/2016 STS MAINTAIN SERVICES INC 1,975 00 336131 0211111'2016 NAPIER & ROLLIN PLLC 1.50000 336132 02/11;2016 BRYAN CAVE LLP 23.177 99 336133 02/11/2016 RONALD NICHELSON 4000 336134 02/11/2 016 GIVING KIDZ A CHANCE INC 1.666 00 336135 02/11 /20 16 GIVING KIDZA CHANCE INC 1;000.00 336136 02/11/2016 MASCHNIEYER CONCRETE COMPANY OF FLORIDA 762 50 336137 02/11/2016 RELIANT FIRE SYSTEMS INC 8500 336138 02/11/2016 BILFINGER WATER TECHNOLOGIES INC 24,116.98 336139 02/11/2016 CORNERSTONE FAMILY SERVICES OF W -EST VIRGINIA 42500 336140 02/11/2016 SYLIVIA MILLER 1.94700 336141 02/l 112016 MAR.IELA MCSOLEY 12000 336142 02;11/2016 ENCORE ONE LLC 2.271 86 13 TRANS NBR DATE VENDOR AMOUNT 336143 02/11/2016 RANDY KING 535 96 336144 02/11/2016 TK6 INC 2.805 40 336145 02/11 /20 16 DIMICHELLFS CATERING INC 1.152.00 336146 02/11/2016 JOSEPH DIZONNO 4000 336147 02/11 /2016 GENUINE PARTS COMPANY 931 63 336148 02/11/2016 BERGER SINGERMAN LLP 1.265 00 336149 02/11/2016 TRIBOND LLC 8.16744 336150 02/11/2016 OGIO INTERNATIONAL INC 655 00 336151 02/11/2016 DELTA MANAGEMENTASSOCIATES INC 434.27 3361.52 02/11/2016 ENTERPRISE RECOVERY SYSTEMS INC 278 58 336153 02/11/2016 CATHEDRAL CORPORATION 4.275.65 336154 02;11/2016 RSJ VENTURES LLC 29480 336155 02/11/2016 UNIFIRST CORPORATION 2.291.48 336156 02/11/2016 STEARNS, CONRAD AND SCHMIDT 82500 336157 02/11 /20 16 LEAGUE OF AMERICAN WHEELMEN INC 6500 336158 02111/2016 MARK DEAN RILEY JR 4000 336159 02/11/2016 WILSON SPORTING GOODS CO 46300 336160 02/11/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 633.69 336161 02/11/2016 SCHUMACHERAUTOMOTIVE DELRAY LLC 289 74 336162 02/11/2016 SITEONE LANDSCAPE SUPPLY LLC 39787 336163 02/11/2016 DEBORAH A NOVACK 120.00 336164 02!11/2016 CENTRAL FLORIDA EXPRESSWAY 8.75 336165 02/11/2016 ADVANCE STORES COMPANY INCORPORATED 718 84 336166 02/11/2016 DENISE GILLESPIE 8000 336167 02/11/2016 CHERYL LIVINGSTON 90.00 336168 02/11/2016 GUARDIAN ALARM OF FLORIDA LLC 7500 336169 02/11/2016 EGP DOCUMENT SOLUTIONS LLC 7,042.52 336170 02/11/2016 CARL CERRETO 36396 336171 02/11/2016 JASON A SMITH 1086 336172 02/11/2016 T -MOBILE 61200 336173 02/11/2016 DALTON LAWLESS 6000 Grand Total: 766.438.36 14 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1008293 02/08;2016 EVERGLADES FARM EQUIPMENT CO INC 29682 1008294 02/08/2016 PARKS RENTAL & SALES INC 172.17 1008295 02/08/2016 PARKS RENTAL & SALES INC 61040 1008296 02,08/2016 COMMUNICATIONS INTERNATIONAL 5,16600 1008297 02/08/2016 COPYCO INC 65 50 1008298 02/08.%2016 HENRY SCHEIN INC 2,581 71 1008299 02/08/2016 UNIVERSAL SIGNS & ACCESSORIES 37.438.00 1008300 02/08/2016 SAFETY PRODUCTS INC 68768 1008301 02/08/2016 HELENA CHEMICAL 454.20 1008302 02/08/2016 COLD AIR DISTRIBUTORS WAREHOUSE 30.23 1008303 02/08/2016 INDIAN RIVER BATTERY 321.95 1008304 02/08/2016 INDIAN RIVER OXYGEN INC 3.627 75 1008305 02/08/2016 DEMCO INC -1.25797 1008306 02/08/2016 MIKES GARAGE & WRECKER SERVICE INC 345.00 1008307 02/08/2016 APPLE INDUSTRIAL SUPPLY CO 18.68 1008308 02/08!2016 GALLS LLC 333 00 1008309 02/08/2016 MEEKS PLUMBING INC 389.00 1008310 02/08!2016 GROVE WELDERS INC 120.84 1008311 02/08/2016 DEERE & COMPANY 72 70 1008312 02/08/2016 THYSSENKRUPP ELEVATOR 9,81600 1008313 02/08/2016 APPLE MACHINE & SUPPLY CO 11100 1008314 02/08/2016 TOTAL TRUCK PARTS INC 6401 1008315 02/08/2016 GLOBAL GOLF SALES INC 23990 1008316 02/08/2016 SOUTHERN PLUMBING INC 64700 1008317 02/08/2016 MIDWEST MOTOR SUPPLY CO 1.005.30 1008318 02/08/2016 RECHTIEN INTERNATIONAL TRUCKS 114 95 1008319 02/08/2016 GREAT SOUTHERN CONSTRUCTION 182.34 1008320 02/08/2016 SOUTHERN' JANITOR SUPPLY INC 4.477.30 1008321 02/08/2016 COPYTRONICS INC 2,23083 1008322 02/08/2016 CAPITAL OFFICE PRODUCTS 51344 1608323 02/08/2016 METRO FIRE PROTECTION SERVICES INC 4,34070 1008324 02/08/2016 BENNETT AUTO SUPPLY INC 454.31 1008325 02/08/2016 L&L DISTRIBUTORS 506.78 1008326 02/08/2016 PIONEER MANUFACTURING 840.00 1008327 02/08/2016 HYDRA SERVICE (S) INC 4199600 1008328 02/08/2016 PACE ANALYTICAL SERVICES INC 21600 1008329 02/08/2016 SCRIPPS NP OPERATING LLC 1.506 45 1008330 02/09/2016 METTLER TOLEDO INC 354.93 1008331 02/09/2016 AT&T 4672 1008332 02/09/2016 AT&T 1959 1008333 02/09/2016 OFFICE DEPOT BSD CUSTOMER SVC 64657 1008334 02/09/2016 CALLAWAY GOLF SALES COMPANY 785.20 1008335 02/09/2016 WASTE MANAGEMENT INC 2.006.09 1008336 02/09/2016 COMCAST 11975 1008337 02/09/2016 POLYDYNE INC 2.50700 1008338 02/09/2016 APPLE INDUSTRIAL SUPPLY CO 24899 1008339 02/09/2016 APPLE INDUSTRIAL SUPPLY CO 452 14 1008340 02/09/2016 ALLIED UNIVERSAL CORP 18.608 00 1008341 02/09/2016 IRRIGATION CONSULTANTS UNLIMITED INC 39064 1008342 02/09/2016 HILL MANUFACTURING CO INC 1.636.00 1008343 02/09/2016 FERGUSON ENTERPRISES INC 25639 47 1008344 02/09/2016 FLORIDA LEVEL & TRANSIT CO INC 32.478 00 1008345 02/09/2016 HARCROS CHEMICALS, INC. 7.652.25 1008346 02/09',2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 536 12 1008347 02/09/2016 CUMMINS POWER SOUTH LLC 616 70 1008348 02/09/2016 HYDRA SERVICE (S) INC 5:748 82 1008349 02/09/•2016 HORIZON DISTRIBUTORS INC 48.22 Grand Total: 187.793.11 15 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4116 02/05/2016 INDIAN RIVER COUNTY SHERIFF 22,335.06 4117 02/05/2016 VETERANS COUNCIL OF I R C 6,389.54 4118 02/05/2016 ALLSTATE 385.88 4119 02/05/2016 SENIOR RESOURCE ASSOCIATION 244,013.12 4120 02/05/2016 MUTUAL OF OMAHA 6,609.86 4121 02/09/2016 INDIAN RIVER COUNTY SHERIFF 178,358.00 4122 02/10/2016 1 R C HEALTH INSURANCE - TRUST 71,045.77 4123 02/10/2016 1 R C HEALTH INSURANCE - TRUST 479,298.52 P -CARD 02/10/2016 WELLS FARGO BANK N.A. 34,065.75 4124 02/11/2016 BENEFITS WORKSHOP 2,500.00 4125 02/11/2016 BENEFITS WORKSHOP 9,498.78 Grand Total: 1,054,500.28 16 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 18, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 12, 2016 to February 18, 2016 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 February 12, 2016 to February 18, 2016. Attachment: 17 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 336174 02/18/2016 PORT CONSOLIDATED INC 38295 336175 02/18/2016 JORDAN MOWER INC 141.56 336176 02/18/2016 RANGER CONSTRUCTION IND INC 59.540 62 336177 02/18/2016 VERO CHEMICAL DISTRIBUTORS INC 65945 336178 02/18!2016 RICOH USA INC 251.59 336179 02/18/2016 VELDE FORD INC 27861 336180 02/18/2016 ATRT WIRELESS 954.72 336181 02/18!2016 DATA FLOW SYSTEMS INC 34042 336182 02/18/2016 DELTA SUPPLY CO 9880 336183 02/18/2016 E -Z BREW COFFEE &_ BOTTLE WATER SVC 1647 336184 02/18/2016 KELLY TRACTOR CO 4.07466 336185 02/18/2016 VERO MARINE CENTER INC 95 00 336186 02/18/2016 GRAYBAR ELECTRIC 32045 336187 02/18/2016 MY RECEPTIONIST INC 34807 336188 02/18/2016 AMERIGAS EAGLE PROPANE LP 144.00 336189 02/18/2016 AMERIGAS EAGLE PROPANE LP 14400 336190 02/18/2016 AMERIGAS EAGLE PROPANE LP 71641 336191 02/18/2016 AMERIGAS EAGLE PROPANE LP 1,08977 336192 02/18/2016 AMERIGAS EAGLE PROPANE LP 2.774.15 336193 02/18/2016 GAYLORD BROTHERS INC 614.30 336194 02,18/2016 LF] FORT PIERCE INC 2,30490 336195 02/18/2016 ALLIED ELECTRONICS INC 156.39 336196 02/18/2016 KSM ENGINEERING & TESTING INC 52800 336197 02/18/2016 HD SUPPLY WATERWORKS, LTD 6.254.27 336198 02/18/2016 SCHULKE BITTLE R STODDARD LLC 7.199.99 336199 02/18/2016 ECOTECH CONSULTANTS INC 10.000.00 336200 02/18/2016 VERO FURNITURE MART 3.360 00 336201 02/18/2016 DIVE RESCUE INTERNATIONAL INC 4,90500 336202 02/18/2016 TIRESOLES OF BROWARD INC 2,78904 336203 02/18/2016 BARTH CONSTRUCTION INC 324,716 60 336204 02/18/2016 DELL MARKETING LP 5.771.24 336205 02/18/2016 GOODYEAR AUTO SERVICE CENTER 1,532 16 336206 02/18/2016 ASPHALT RECYCLING INC 42,8707-5 336207 02/18/2016 BAKER R TAYLOR INC 1.703 06 336208 02/18/2016 BRANDTS APPLIANCE SERVICE INC 8900 336209 02/18/2016 MIDWEST TAPE LLC 674.08 336210 02/18/2016 CENTRAL WINDOW OF VERO BEACH INC 9500 336211 02/18/2016 MICROMARKETING LLC 239 75 336212 02/18/2016 K g M ELECTRIC SUPPLY 22 85 336213 02/18/2016 PALM TRUCK CENTERS INC 874 72 336214 02,•'18/2016 SOFTWARE HARDWARE INTEGRATION 1,55806 336215 02!18/2016 COMMUNITY ASPHALT CORP 51.738 60 336216 02/18/2016 PING INC 2.627 73 336217 02/18/2016 PARKS AND SON INC 1,47600 336218 02/1812016 CLERK OF CIRCUIT COURT 451 62 336219 02/18/2016 CLERK OF CIRCUIT COURT 996.20 336220 02/18/2016 CITY OF VERO BEACH 13 1.2109 38 336221 02/18/2016 CITY OF VERO BEACH 369 71 336222 02/18/2016 UNITED PARCEL SERVICE INC 9082 336223 02!18/2016 LIVINGSTON PAGE 10800 336224 02/18/2016 JANITORIAL DEPOT OF AMERICA INC 113 67 336225 02/18/2016 TREASURE COAST HOMELESS SERVICES 665 84 336226 02118;2016 ARTHUR J GALLAGHER RISK MGMT SERV INC 1.387.00 336227 02/18/2016 ACUSHNET COMPANY 83 16 336228 02/)8/2016 INTERNATIONAL GOLF MAINTENANCE INC 99000 336229 02/18/2016 IRC CHAMBER OF COMMERCE 24,323 78 336230 02/18!2016 FEDERAL EXPRESS CORP 4 85 336231 02/18!2016 FEDERAL EXPRESS CORP - 45 18 TRANS NBR DATE VENDOR ANIOUNT 336232 02/18/2016 MORGAN R EKLUND INC 21.285 00 :36233 02/18/2016 CITY OF SEBASTIAN 23.633.62 336234 02/18/2016 FLORIDA RECREATION R PARK ASSOC INC 32000 336235 02/18/2016 FLORIDA POWER AND LIGHT 47.835.24 336236 02/18/2016 JAMES GRAY JR 145 00 3362_7 02/18/2016 PHILLIP J MATSON 10892 336238 02/18/2016 GIFFORD YOUTH ACTIVITY CENTER INC 9.625 00 33623.9 02/18/2016 STATE ATTORNEY 19.040.36 336240 02/18/2016 CITY OF FELLSMERE 286.74 336241 02/18/2016 PEACE RIVER ELECTRIC COOP INC 400.00 336242 02/18/2016 NEW HORIZONS OF THE TREASURE COAST 23.461 75 336243 02/18/2016 SUNSHINE STATE ONE CALL OF FL INC 1.138 46 336244 02/18/2016 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2.638 93 336245 02;18/2016 LANGUAGE LINE SERVICES INC .37819 336246 02/18/2016 TREASURE COAST SPORTS COMMISSION INC 2.500 00 336247 02/18/2016 SUNSHINE LAND DESIGN 180.817 63 336248 02/18/2016 NOTARY PUBLIC UNDERWRITERS INC 104.00 336249 02!18/2016 GERALD A YOUNG SR 9000 336250 02/18/2016 HENRY SMITH 19800 336251 02/18/2016 ALAN C KAUFFMANN 160.00 336252 02/18/2016 PETTY CASH 50.00 336253 02/18/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 3 4. 322 336254 02/18/2016 ELXSI INC 1.213 72 336255 02/18/2016 DONADIO AND ASSOCIATES ARCHITECTS 1,00445 336256 02/18/2016 SYMBIONT SERVICE CORP 2,55000 336257 021/18:2016 ST ELIZABETH CHURCH OF DELIVERANCE 5000 336258 02/18/2016 BERNTSEN INTERNATIONAL INC 381.23 336259 02/18/2016 RUSSELL PAYNE INC 611 10 336260 02/18/2016 TRANS LIS INC 809 19 336261 02/18/2016 CELICO PARTNERSHIP 1,40595 336262 02/18/2016 MICHAEL WYATT 4000 336263 02/18/2016 VAN WAL INC 29500 336264 02/18/2016 JOSEPH W VASQUEZ 12000 336265 02/18/2016 FLORIDA RURAL LEGAL SERVICES INC 2.402.04 336266 02/18/2016 UNITED RENTALS NORTH AMERICA INC 2.652.31 336267 02/18/2016 THE SHERWIN WILLIAMS CO 1.431.37 336268 02/18/2016 OCLC ONLINE COMPUTER LIBRARY CENTER 40960 336269 02/18/2016 MASTELLER R MOLER INC 5.962.70 336270 02/18/2016 DICKERSON FLORIDA INC 113.106 19 336271 02/18/2016 STAPLES CONTRACT R COMMERCIAL INC 19263 336272 02/18/2016 PELICAN ISLES LP 44200 336273 02/18/2016 DAVID SILON 1')000 336274 02/18/2016 GARY L EMBREY 11,000 336275 02!18/2016 KATHERINE GEHRKE 3000 336276 02,18/2016 LARRY STEPHENS 5400 336277 02/18/2016 KEN CHATAM 10000 336278 02/18/2016 SONRISE VILLAS LTD 8400 336279 02/18/2016 HF GROUP LLC 53290 336280 02/18/2016 JOHNNY B SMITH 186.00 336281 02/18,2016 MUNICIPAL WATER WORKS INC 30.870.21 336282 02/18/2016 GATES HOUSE ENTERPRISES LLC 9490 336283 02/18/2016 CHARLES A lV41-KER 8000 336284 02/18/2016 REDLANDS CHRISTIAN MIGRANT ASSOC 2_.350 18 336285 02/18/20 16 MICHAEL KORP.AR 4000 336286 02/18/2016 JAMES FUCCI 645 336287 02/18/2016 VISTA ROYALE ASSOCIATION, INC 233 87 336288 02/18/2016 SOUTHEAST SECURE SHREDDING 130.24 336289 02/15-2016 RENAE CHANDLER 7000 336290 02/18/2016 FLUID CONTROL SPECIALTIES INC 1.500 00 336291 02/18/2016 TREASURE COAST SPRINKLERS INC 88800 19 TRANS NBR DATE VENDOR AMOUNT 336292 02/18/2016 ADS LLC 190 50 336293 02/18/2016 NICOLACE MARKETING INC 5.518 00 336294 02/18/2016 EQ THE ENVIRONMENTAL QUALITY COMPANY 24.202.63 336295 02/18/2016 TRI TEL INC 49 50 336296 02/18/2016 SOUTHEAST POWER SYSTEMS OF ORLANDO 1.484.29 336297 02/18/2016 GARRETT SMITH 234 00 336298 02/18/2016 HELPING ANIMALS LIVE -OVERCOME 1800 336299 02/18/2016 YAMAHA GOLF CAR COMPANY 127.21 336300 02/18/2016 INEOS NEW PLANET BIOENERGY LLC 45.929 41 336301 02/18/2016 WOERNER DEVELOPMENT INC 379.50 336302 02/18/2016 GHO HOMES CORPORATION 10.453 41 336303 02/18/2016 ATLANTIC COASTAL LAND TITLE CO LLC 375 00 336304 02/18/2016 JOSEPH CATALANO 4000 336305 02/18/2016 OVERDRIVE INC 3.575 87 336306 02/18/2016 FLORIDA ENVIRONMENTAL CONSULTING INC 4.90000 336307 02/18/2016 RAYMOND J DUCHEMIN 8000 336308 02/18/2016 KEITH GROCHOLL 14000 336309 02/18/2016 ALAN JAY CHEVROLET CADILLAC 20.996 00 336310 02/18/2016 GFA INTERNATIONAL INC 9.381 00 336311 02/18/2016 NEWSOM OIL COMPANY 2.019 70 336312 02/18/2016 ALTERATIONS BLESSED 12800 336313 02/18/2016 LOWES HOME CENTERS INC 5.662.90 336314 02/18/2016 LABOR READY SOUTHEAST INC 6.794 58 336315 02/18/2016 MACK INDUSTRIES INC 84_.234.37 336316 02/18/2016 CARDINAL HEALTH 110 INC 149 88 336317 02/18/2016 ARKAY ACQUISITION LLC 407.330 00 336318 02/18/2016 EMILY K DIMATTEO 1000 336319 02/18/2016 ALEX MIKLO 6000 336320 02/18/2016 BURNETT LIME CO INC 6,41760 336321 02/18/2016 IMPECCABLE SIGNS INC 8400 336322 02/18/2016 PENGUIN RANDOM HOUSE LLC 48600 336323 02/18/2016 CALDWELL PACETTI EDWARDS 1.372 50 336324 02/18/2016 KRAUS ASSOCIATES INC 9.93 7.50 336325 02/18/2016 JOSH WELTER 6.14 336326 02/18/2016 KANSAS STATE BANK OF MANHATTAN 1.167.37 336327 02/18/2016 C E R SIGNATURE CLEANING 8-5000 336328 02/18/2016 DEBORAH CUEVAS 18000 336329 02/18/2016 COURSE TRENDS INC 30000 336330 02/18/2016 CHEMTRADE CHEMICALS CORPORTATION 1,805.36 336331 02/18/2016 SAMBA HOLDINGS INC 1,165.61 336332 02/18/2016 RONALD NICHELSON 14000 336333 02/18/2016 FOUNDATION FOR AFFORDABLE RENTAL 469.25 336334 02/18/2016 MASCHMEYER CONCRETE COMPANY OF FLORIDA 70686 336335 02/18/2016 COBRA GOLF INCORPORATED 225 85 336336 02/18/2016 SYLIVIA MILLER 254 00 336337 02/18/2016 TK6 INC 4.19980 336338 02/18/2016 RICH SZPYRKA 465 336339 02/18/2016 JOSEPH DIZONNO 4000 336340 02/18/2016 GENUINE PARTS COMPANY 1.145.27 336341 02/18/2016 RED THE UNIFORM TAILOR 4.757.85 336342 02/18/2016 UMFIRST CORPORATION 1.097 51 336343 02/18/2016 VCA ANIMAL HOSPITALS INC 511 12 336344 02/18/2016 MARK DEAN RILEY JR 6000 336345 02/18/2016 AMERICAN AIR LIQUIDS HOLDINGS INC 6;622.20 336346 02/18/2016 CCNK LLC 4.500 00 336347 02/18/2016 SITEONE LANDSCAPE SUPPLYLLC 1.893.62 336348 02/18/2016 ADVANCE STORES COMPANY INCORPORATED 2 226.33 336349 02/18/2016 AWC INC 607.25 336350 02/18/2016 DENISE GILLESPIE 9000 336351 02/18/2016 EGP DOCUMENT SOLUTIONS LLC - 450.23 20 TRANS NBR DATE VENDOR AMOUNT .336352 02/18/2016 DALTON LAWLESS 60.00 336353 02/18/2016 MARY F DRISCOLL 1.001.62 336354 02/18/2016 FLORIDA EAST COAST HOLDINGS CORP 7_.500.00 336.355 02/18/2016 DART' FOLSOM 8000 336356 02/18/2016 RUSSELL L OWEN 111 14000 336357 02/18/2016 MICHELLE B WEISS 150.00 336358 02"] 8/2016 EZLINKS GOLF LLC 725 00 336359 02/18/2016 ALYSSA SPENCER 35 00 336360 02/18/2016 UTIL REFUNDS 26129 336361 02/18/2016 UTIL REFUNDS 8069 336362 02/18/2016 UTIL REFUNDS 73 11 336363 02/18/2016 UTIL REFUNDS 75.32 336364 02/18!2016 UTIL REFUNDS 4082 336365 02/18/2016 UTIL REFUNDS 65.23 336366 02/18/2016 UTIL REFUNDS 31 40 336367 02/18/2016 UTIL REFUNDS 5593 336368 02/18/2016 UTILREFUNDS 31.88 336369 02/18/2016 UTIL REFUNDS 31.91 336370 02/18/2016 UTIL REFUNDS 42.88 336371 02/18/2016 UTIL REFUNDS 9647 336372 02/18/2016 UTIL REFUNDS 945 336373 02/18/2016 UTIL REFUNDS 37.55 336374 02/18/2016 UTIL REFUNDS 7075 336375 02/18/2016 UTIL REFUNDS 5907 336376 02/18/2016 UTIL REFUNDS 31.35 336377 02/18/2016 UTIL REFUNDS 32.23 336378 02/18/2016 UTIL REFUNDS 32.04 336379 02/18/2016 UTIL REFUNDS 22.66 336380 02/18/2016 UTIL REFUNDS 7908 336381 02/18/2016 UTIL REFUNDS 33.32 336382 02/18/2016 UTIL REFUNDS 55.70 336383 02/18/2016 UTIL REFUNDS 32.97 336384 02/18/2016 UTIL REFUNDS 5.30 336385 02/18/2016 UTIL REFUNDS 1445 336386 02/18/2016 UTIL REFUNDS 36 83 336387 02/18/2016 UTIL REFUNDS 83 05 336388 02/18/2016 UTIL REFUNDS 63.22 336389 02/18/2016 UTIL REFUNDS 7596 336390 02/18/2016 UTIL REFUNDS 4659 336391 02/18/2016 UTIL REFUNDS 65.39 336392 02/18/2016 UTIL REFUNDS 6902 336393 02/18/2016 UTIL REFUNDS 81 48 336394 02/18!2016 UTIL REFUNDS 1004 336395 02!18/2016 UTIL REFUNDS 19.02 336396 02/18/2016 UTIL REFUNDS 7847 336397 02/18/2016 UTIL REFUNDS 97-56 336398 02/18/2016 UTIL REFUNDS 77 53 336399 02.118,2016 UTIL REFUNDS 7596 336400 02!18/2016 UTIL REFUNDS 42.33 336401 02/1812016 UTIL REFUNDS 33 07 336402 02!18/2016 UTIL REFUNDS 2998 336403 02/18/2016 UTIL REFUNDS 2045 336404 02/18/2016 UTIL REFUNDS 88.57 336405 02/18/2016 UTIL REFUNDS 72 16 Grand Total: 1.914.647.83 21 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1008350 02/12/2016 PARKS RENTAL & SALES INC 6600 1008351 02/12/2016 PRAXAIR DISTRIBUTION SOUTHEAST LLC 12.60 1008352 02/12,2016 PRAXAIR DISTRIBUTION SOUTHEAST LLC 22.51 1008353 02/12/2016 COMMUNICATIONS INTERNATIONAL 11.246 81 1008354 02/12/2016 ROBINSON EQUIPMENT COMPANY INC 1.829.25 1008355 02/12/2016 SSSS INC 242 80 1008356 02/12/2016 COPYCOINC 7146 1008357 02/12/2016 HENRY SCHEIN INC 10.036 83 1008358 02/12/2016 NORTH SOUTH SUPPLY INC 1.015 88 1008359 02/12/2016 SAFETY PRODUCTS INC 1.02800 1008360 02/12/2016 INDIAN RIVER BATTERY 168.00 1008361 02/12/2016 AMERICAN CONCRETE INDUSTRIES INC 1.260.00 1008362 02/12/2016 DAVIDSON TITLES INC 1.473 67 1008363 02/12!2016 MIKES GARAGE & WRECKER SERVICE INC 4.931 86 1008364 02/12/2016 SMITH BROTHERS CONTRACTING EQUIP 4,10600 1008365 02/12/2016 GALLS LLC 76.21 1008366 02/12/2016 ABCO GARAGE DOOR CO INC 1.06400 1008367 02/12/2016 GROVE WELDERS INC 1.188 63 1008368 02/12/2016 FIRST HOSPITAL LABORATORIES INC 99975 1008369 '02/12/2016 CENGAGE LEARNING CORPORATION 17768 1008370 02/12/2016 COMMUNITY ASPHALT CORP 45676 1008371 02/12/2016 FERGUSON ENTERPRISES INC 8,78680 1008372. 02/12/2016 ROGER CLEVELAND GOLF INC 2.851.20 1008373 02/12/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 82.71 1008374 02/12/2016 PRIDE ENTERPRISES 3,52890 1008375 02/12/2016 GLOBAL GOLF SALES INC 59.31 1008376 02/12/2016 COMPLETE ELECTRIC INC 114.00 1008377 02/12/2016 BARKER ELECTRIC, AIR CONDITIONING 229 00 1008378 02/12/2016 SHRIEVE CHEMICAL CO 2,96672 1008379 02/12/2016 MIDWEST MOTOR SUPPLY CO 11100 1008380 02/12,2016 SOUTHERN JANITOR SUPPLY INC 1.563 89 1008381 02/12/2016 CAPITAL OFFICE PRODUCTS 173.56 1008382 02/12/2016 HARCROS CHEMICALS, INC 10.405.35 1008383 02/12/2016 BENNETT AUTO SUPPLY INC 483.37 1008384 02/12/2016 AUTO PARTNERS LLC 1.648.36 1008385 02/12/2016 HYDRA SERVICE (S) INC 6.989.00 1008386 02/12/2016 WRIGHT FASTENER COMPANY LLC 24800 1008387 02/12/2016 PACE ANALYTICAL SERVICES INC 4,30800 1008388 02/12/2016 SCRIPPS NP OPERATING LLC 1,32806 1008389 02/17/2016 PRANAIR DISTRIBUTION SOUTHEAST LLC 48.74 1008390 02/17/2016 PRAXAIR DISTRIBUTION SOUTHEAST I -LC 32 74 1008391 02/17/2016 ROBINSON EQUIPMENT COMPANY INC 18600 1008392 02/17/2016 MIKES GARAGE &'WRECKER SERVICE INC 285 00 1008393 02/17/2016 SMITH BROTHERS CONTRACTING EQUIP 105 51 1008394 02/17/2016 MEEKS PLUMBING INC 103 00 1008395 02/17/2016 RECORDED BOOKS LLC 280.20 1008396 02/17/2016 SOUTHERN COMPUTER WAREHOUSE 563 86 1008397 02/17/2016 DEERE & COMPANY 63 68 1008398 02/17/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 363 69 1008399 02/17/2016 RECHTIEN INTERNATIONAL TRUCKS 213 48 1008400 0211712016 SYNAGRO-W''T INC 32.509.57 1008401 02/17/2016 SOUTHERN JANITOR SUPPLY INC 2.765.34 1008402 02/17/2016 STAT MEDICAL DISPOSAL INC 22000 1008403 02/17/2016 R.AD'IELL INTERNATIONAL INC 325.16 1008404 02/17/2016 PACE .ANALYTICAL SERVICES INC 3._775 00 1008405 02/17/2016 SCRJPPS NP OPERATING LLC 771 66 1008406 02/17/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 45 00 1008407 02/18/2016 EVERGLADES FARM EQUIPMENT CO INC 2992 22 TRANS. NBR DATE VENDOR AMOUNT 1008408 02/18/2016 EVERGLADES FARM EQUIPMENT CO INC 44468 1008409 02/18/2016 COLD AIR DISTRIBUTORS WAREHOUSE 27658 1008410 02/18/2016 INDIAN RIVER BATTERY 501 90 1008411 02/18/2016 DAVIDSON TITLES INC 1.855.50 1008412 02/18/2016 DAVES SPORTING GOODS & TROPHIES 4000 1008413 02/18/2016 ABCO GARAGE DOOR CO INC 206.25 1008414 02/18/2016 IRRIGATION CONSULTANTS UNLIMITED INC 882.38 1008415 02/18/2016 THE EXPEDITER 87.30 1008416 02/18/2016 GROVE WELDERS INC 90.77 1008417 02/18/2016 SOUTHERN COMPUTER WAREHOUSE 733.29 1008418 02/18/2016 CENGAGE LEARNING CORPORATION 510.55 1008419 02/18;2016 COMMUNITYASPHALT CORP 1.984.36 1008420 02/18/2016 FERGUSON ENTERPRISES INC 7.383.13 1008421 02/18/2016 COMO OIL COMPANY OF FLORIDA 11059 1008422 02/18/2016 BARKER ELECTRIC; AIR CONDITIONING 16800 1008423 02/18/2016 RECHTIEN INTERNATIONAL TRUCKS 1.126.37 1008424 02/18/2016 SOUTHERN JANITOR SUPPLY INC 6754 1008425 02/18/2016 CAPITAL OFFICE PRODUCTS 34997 1008426 02/18/2016 METRO FIRE PROTECTION SERVICES INC 3.955.37 1008427 02/18/2016 BENNETT AUTO SUPPLY INC 847.62 1008428 02/18/2016 AUTO PARTNERS LLC 333.39 1008429 02/18/2016 HYDRA SERVICE (S) INC 30-162 1008430 02/18/2016 HORIZON DISTRIBUTORS INC 26569 1008431 02/18/2016 CM&S INDUSTRIES INC 1.62500 Grand Total: 154.188.33 23 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4126 02/12/2016 HEALTH ADVOCATE 387.80 4127 02/12/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5.449.68 4128 02/12/2016 CERIDAN COBRA SERV 74.25 4129 02/12!2016 MUTUAL OF OMAHA 2.075.00 4130 02/12/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11.588.40 4131 02/12/2016 KAST CONSTRUCTION COMPANY LLC 663.943 71 4132 02/12/2016 lvkMGHT EXPRESS FSC 14.264 97 4133 02/12/2016 KIMLEY HORN & ASSOC INC 10.295.00 4134 02/12/2016 CDM SMITH INC 4.05600 4135 02/12/2016 IRC FIRE FIGHTERS ASSOC 6.27000 4136 02/12/2016 ICMA RETIREMENT CORPORATION 2.250.00 4137 02/12/2016 CERIDAN COBRA SERV 229.02 4138 02/12;2016 MUTUAL OF OMAHA 16.662 61 4139 02/12/2016 HEALTH ADVOCATE 1.14510 4140 02/12/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 16,302.06 4141 02/12/2016 NACO/SOUTHEAST 24.659.99 4142 02/12/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 34.665.30 4143 02/12;2016 ICMA RETIREMENT CORPORATION 10.635.56 4144 02/12/2016 NACO/SOUTHEAST 706.88 4145 02/12/2016 FLORIDA LEAGUE OF CITIES, INC 8,130.65 4146 02/12/2016 FL SDU 5.50962 4147 02/16/2016 IRS -PAYROLL TAXES 386,740.06 4148 02/16/2016 IRS -PAYROLL TAXES 12.729 40 4149 02/18/2016 AMERICAN FAMILY LIFE ASSURANCE CO 18,908 96 4150 02/18/2016 ELITE TITLE 25,569.00 Grand Total: 1,283,244.02 24 Office of the OL -4 INDIAN RIVER COUNTY Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: February 22, 2016 SUBJECT: Vacation Compensation Consideration DESCRIPTIONS AND CONDITIONS: In June of 2011, Chris Mora, Public Works Director, entered the Florida Retirement System Deferred Retirement Option Program (DROP). His required retirement date is May 31, 2016. To comply with Administrative Policy Manual Number AM -502.1 (7) (policy attached), Chris is required to use 20 days of vacation prior to May 31 ", or he will lose that earned benefit. This is because his vacation leave accrual balance exceeds the maximum amount allowed to be paid in lieu of taking the vacation. Three times in the past the Board of County Commission has granted an exception to this policy as a result of special conditions. The Public Works Director has staff he needs to hire and train to fill critical vacancies in his Department; two of these positions are Division Head positions, and are important to ensure a smooth transition plan for the Department. Because of this situation, I find it exceedingly difficult to approve four weeks of vacation, but do not want Chris to have to forfeit this earned benefit. I hereby request authorization to pay Chris Mora, Public Works Director, for 20 days of accrued vacation leave which exceed the maximum specified in the Indian River County Administrative Policy. The total cost of this exception to the policy is $12,008.55 (breakdown attached). 25 RECOMMENDATION: The County Administrator recommends the Board of County Commission grant an exception to Administrative Policy Manual Section AM -502.1 (7), and approve payment to Chris Mora, Public Works Director, for the 20 days of accrued vacation which exceed the maximum payout allowed. APPROVED AGENDA ITEM c_ a��_ 4_11 ,,� /�. Indian River Co Ap ed Date Administrator A X51 Legal 2.� /, 6 Budget 26 2. Part-time employees are entitled to vacation accrual on a pro -rata basis Part-time employees hired on or after June 22, 2001, and temporary employees shall accrue no vacation leave. 3. New employees may use vacation after completing their new hire probation. No employee may use vacation leave in advance of it being accrued Accrued vacation is credited at the end of each month, and is shown on the payroll prelist for the pay period ending on or after the first of the following month. 4. Authorized vacation hours shall be counted as time worked for the purpose of computing overtime pay eligibility. 5. Employees hired prior to October 1, 2011, will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 75 days Any vacation time accrued over 75 days during the calendar year must be used by December 31 of that calendar year On January 1 vacation balances exceeding 75 days will be rolled back to the 75 -day maximum. Employees hired on or after October 1, 2011, will earn vacation monthly, in hourly t� increments, and may carry over unused vacation from year to year up to a maximum of 30 days. Any vacation time accrued over 30 days during the calendar year must be used by December 31 of that calendar year. On January 1 vacation balances exceeding 30 days will be rolled back to the 30 - day maximum. 6. Vacation leave may be taken after approval by the division head. Employees are encouraged to take their vacation in increments of five working days or more. It may be charged in increments as small as one hour. 7. Employees shall not be paid for earned vacation leave in lieu of taking the leave, except upon termination of employment In no event will an employee be paid for more than 75 days (if hired prior to October 1, 2011) or 30 days (if hired on or after October 1, 2011) of vacation leave upon termination of employment. Earned vacation leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit. 8. When a County observed holiday falls within an authorized vacation leave period, that time shall be charged as holiday pay, and vacation leave will not be charged. 9. Vacation leave will always be paid at the employee's pay level at the time the vacation is used. JOSEPH A. BAIRD�JQZA,& 7 d DATE 27 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Personnel AM -502.1 10-01-11 POLICY SUBJECT PAGE MANUAL Vacation Leave 2 OF 2 2. Part-time employees are entitled to vacation accrual on a pro -rata basis Part-time employees hired on or after June 22, 2001, and temporary employees shall accrue no vacation leave. 3. New employees may use vacation after completing their new hire probation. No employee may use vacation leave in advance of it being accrued Accrued vacation is credited at the end of each month, and is shown on the payroll prelist for the pay period ending on or after the first of the following month. 4. Authorized vacation hours shall be counted as time worked for the purpose of computing overtime pay eligibility. 5. Employees hired prior to October 1, 2011, will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 75 days Any vacation time accrued over 75 days during the calendar year must be used by December 31 of that calendar year On January 1 vacation balances exceeding 75 days will be rolled back to the 75 -day maximum. Employees hired on or after October 1, 2011, will earn vacation monthly, in hourly t� increments, and may carry over unused vacation from year to year up to a maximum of 30 days. Any vacation time accrued over 30 days during the calendar year must be used by December 31 of that calendar year. On January 1 vacation balances exceeding 30 days will be rolled back to the 30 - day maximum. 6. Vacation leave may be taken after approval by the division head. Employees are encouraged to take their vacation in increments of five working days or more. It may be charged in increments as small as one hour. 7. Employees shall not be paid for earned vacation leave in lieu of taking the leave, except upon termination of employment In no event will an employee be paid for more than 75 days (if hired prior to October 1, 2011) or 30 days (if hired on or after October 1, 2011) of vacation leave upon termination of employment. Earned vacation leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the life insurance benefit. 8. When a County observed holiday falls within an authorized vacation leave period, that time shall be charged as holiday pay, and vacation leave will not be charged. 9. Vacation leave will always be paid at the employee's pay level at the time the vacation is used. JOSEPH A. BAIRD�JQZA,& 7 d DATE 27 I Grand Total 1 $12,008.55 1 C:\Users\droy\AppData\LocaMAicrosoft\Windows\Temporary Internet Files\Content.OuUook\EKXE60HB\Chris Mora 20 Days Vacation Payout 28 BENEFIT BUDGET WORKSHEET Chris Mora Vacation Payout 20 Days SALARY Annual Wages $9,955.55 Social Security % Rate 6.20% $617.24 I SS/Med Matching % Rate 1.45% $144.36 Retirement j Employees 718% (� Elected Officials 42.19% Special Risk 2196% 1 Senior Mgmt 21.35% DROP Participants 12.80% $1,274.31 j Health Ins (less than 60 bi- weekly hrs not { eligible) Dependent Coverage -per month $745 E Single Plan -per month $505 i Choose Dependent or Single- Delete coverage not used I Life Ins Round up salary to 1000 (11,001 to 12,000) $ - i (less than 60 bi- weekly hrs not f eligible) Divide salary by 1,000 equals 0 Multiply results in item 21 x .23 x number of months position funded Workers Comp Find rate by Department (range: .00218- 0882) 0.0017 E Enter Dept / Division name in this field. $16.92 t OPEB Regular Retirement 1646 f Special Risk Retirement 2697 Choose Regular or Special Risk -delete one not used _ Total Benefit Package: $2,053.00 Gross Wages: $12,008.55 Total Operating I Grand Total 1 $12,008.55 1 C:\Users\droy\AppData\LocaMAicrosoft\Windows\Temporary Internet Files\Content.OuUook\EKXE60HB\Chris Mora 20 Days Vacation Payout 28 Dori Roy From: Chris Mora Sent: Wednesday, February 10, 2016 5:06 PM To: Joe Baird Subject: RE: Public Works Director - Succession Plan Joe, Yes --- I would be willing to work through May 31, 2016 if I could be reimbursed for my unused vacation time. Chris Christopher R. Mora, P. E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 telephone: (772) 226-1379 email: cmora d)jrcgov.com From: Joe Baird Sent: Wednesday, February 10, 2016 5:03 PM To: Chris Mora Subject: RE: Public Works Director - Succession Plan Chris: I am concerned about the work load, the vacancies, and the institutional knowledge you have that needs to be passed onto your replacement. If I was able to get you reimbursed for your vacation rather than you taking the vacation and leaving early would you consider waiting until May 31, 2016 to leave the county. I will probably have to obtain the Board of County Commissioners to pay you for your vacation. Please let me know. Sincerely, Joseph A. Baird County Administrator Indian River County 1801 27'h Street Vero Beach, FI 32960-3388 772-226-1408 From: Chris Mora Sent: Wednesday, February 10, 2016 4:33 PM To: Joe Baird <ibaird@ircpov.com> Subject: Public Works Director - Succession Plan Joe, Given that my retirement is approaching, I wanted to make you aware of the current staffing situation in the Public Works Department. 29 We currently have the following critical vacancies in the Public Works Department, 2 of which are Division -head positions ... County Engineer Land Acquisition Specialist Project Engineer Road & Bridge Superintendent (to be vacant as of March 31s) Although my last day of County employment is May 31, 2016, my final workday in the office will actually be May 3`d due to accrued vacation time. Since I have only 58 working days to go until May 3'd, I plan to spend the bulk of my time interviewing, hiring and training new employees to fill our vacancies, as well as familiarizing Rich Szpyrka with my duties. Chris Christopher R. Mora, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 telephone: (772) 226-1379 email: cmora(&jrcgov.com 30 CONSENT AGENDA INDIAN RIVER COUNTY 2S OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 23, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administr Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manage SUBJECT: Approval of Extension to Agreement for Auction Services BACKGROUND: On February 19, 2013, the Board of County Commissioners awarded RFP 2013025 for Auction Services to Associate Auctions, LLC, of Stuart, FL. The award was for one year with options for five one-year renewals. The second extension was authorized on February 10, 2015 and expires on February 18, 2016. SOURCE OF FUNDS: No funding is allocated for these services, as auctions are held on an as needed basis, and in accordance with the Agreement, all associated expenses are paid by the auctioneer (with the exception of advertising for reserve auctions). RECOMMENDATION: Staff requests the Board of County Commissioners approve of the attached Third Extension to the Agreement and authorize the Chairman to execute it. ATTACHMENTS: Third Extension to Agreement APPROVED AGENDA ITEM BY: � SL� ?Josep A. Baird, County Administrator FOarch 1, 2016 Indian River Co .� Ili.`»©IIR� 31 THIRD EXTENSION TO AGREEMENT FOR PROVIDING AUCTION SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Agreement to provide auction services is entered into effective as of 2016 by and between Indian River County, a political subdivision of the State of Florida ("County") and Associate Auctions, LLC, a Florida corporation, having its principal address at 608 S. Colorado Ave., Stuart, Florida 34994 ("Auctioneer"). BACKGROUND RECITALS A. Effective February 19, 2013, the County and the Auctioneer entered into an Agreement for Auction Services. B. Article 22 of the Agreement contains the term and renewal provisions. C. The first renewal term commenced effective as of February 19, 2014 and ended on February 18, 2015; the second renewal term commenced effective as of February 19, 2015 and ended on February 18, 2016. D. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Auctioneer agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The third renewal term shall commence effective as of February 19, 2016 and shall end on February 18, 2017; one additional renewal term is available beyond this third renewal. All renewal terms are subject to 30 -day termination in accordance with the terms of this Contract. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. ASSOCIATE AUCTIONS, LLC By (Authorized Signature) (Corporate Sea[) Date INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: 14Vlan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk 32 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director C� FROM: Richard B. Szpyrka, P.E., Assistant Public Works Director (;� SUBJECT: FDOT Local Agency Program (LAP) Supplemental Agreement and Resolution Authorizing the Chairman's Signature 87th Street and 9111 Avenue Sidewalk Improvements FM No. 431728-1-58/68-01 DATE: February 10, 2016 DESCRIPTION AND CONDITIONS On March 11, 2015, the Board of County Commissioners entered into a Local Agency Program (LAP) Agreement FM #431728-1-58/68-01 with the Florida Department of Transportation (FDOT) for the construction of 6 -foot wide concrete sidewalks along the north right of way line of 87th Street from 101St Avenue to CR510 and along the east right of way line of 911t Avenue from 791h Street to 87th Street, including drainage improvements, Swale grading, pavement markings and sodding of disturbed areas in Vero Lake Estates. Also included in the grant amount are Construction, Engineering and Inspection (CEI) services. On August 18, 2015 the Board awarded the project (Bid No. 2015036) to Kerns Construction & Property Management, Inc. in the amount of $1,084,854.00. The FDOT has requested Indian River County execute and deliver to FDOT the attached Supplemental Agreement to reduce the agreement from $1,211,453.00 to $1,143,868.00 to reflect the participating construction costs, as well as approved CEI. Also attached, please find a Resolution authorizing the Board of County Commissioners to execute this Local Agency Program (LAP) Supplemental Agreement. FUNDING Funding is budgeted and available from Optional Sales Tax Account No. 31521441-066510-15003, Vero Lake Estates Sidewalks. No matching funds are required for this grant. RECOMMENDATION Staff recommends approval of the Local Agency Program (LAP) Supplemental Agreement FM No. 431728-1-58/68-01 and further recommends adopting the Resolution and authorizing the Chairman to sign the Supplemental Agreement. F\Public Works\ENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St -101st Ave to CR510 (LAP)\Admim\agenda 33 items\FDOT Supp Agreement No 12-11-2016.doc PAGE TWO FDOT LAP SUPPLEMENTAL AGREEMENT FM NO. 431728-1-58/68-01 FOR MARCH 1, 2016 BCC MEETING ATTACHMENTS 1. Authorizing Resolution 2. FDOT LAP Supplemental Agreement FM No. 431728-1-58/68-01 DISTRIBUTION Carlos Lemus, FDOT District IV Office APPROVED AGENDA ITEM i MOLMM,1111imlow, • ,o1s Indian River County Approv Date Administration Budget Z Legal b / Public Works Engineering Z////!6 F\Public Works\ENGINEERING DIVISION PROJECTS\ I 205 -Vero Lake Estates Swk-87th St— 101st Ave to CR510 (LAP)\Admim\agenda 34 items\FDOT Supp Agreement No 12-11-2016.doc RESOLUTION NO. 2016 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION OF 6 -FOOT WIDE CONCRETE SIDEWALKS ALONG THE NORTH RIGHT OF WAY LINE OF 87TH STREET FROM 1011T AVENUE TO CR510 AND ALONG THE EAST RIGHT OF WAY LINE OF 91sT AVENUE FROM 79TH STREET TO 87TH STREET, INCLUDING DRAINAGE IMPROVEMENTS, SWALE GRADING, PAVEMENT MARKINGS AND SODDING. WHEREAS, the construction of sidewalks along the north right of way line of 8711 Street from 10111 Avenue to CR510 and along the east right of way line of 91s1 Avenue from 79th Street to 87th Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay for construction of 6 -foot sidewalks along the north right of way line of 871h Street from 1015t Avenue to CR510 and along the east right of way line of 911 Avenue from 79th Street to 87th Street under the Local Agency Program (LAP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Program Supplemental Agreement for the aforementioned project reducing the amount of the grant from $1,211,453.00 to $1,143,868.00; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Local Agency Program Supplemental Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Tim Zorc who moved its <7 7 and, upon being put to a vote, The Chairman thereupon declared. the resolution passed and adopted this day of 2016. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk r as t orm I S fficiency Ian Reingold, County Attorney F•\Public Works\ENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St -101st Ave to CR510 (LAP)\Admim\agenda items\Resolution LAP Supplemental 35 Agreement 3-1-2016.doc 525-01632 SPECIFICATIONS AND ESTIMATES 01f15 Page 1 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN ONE LOCAL AGENCY PROGRAM 431728-1-58/68-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT ART -06 The Florida Department of Transportation and Indian River County desires to supplement the original Agreement entered into and executed on March 11, 2015 as idenfified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name 8r St. Length 3.006 Miles Termini From 101$ Ave. to CR -510 Description of Work: Construction of sidewalk along 8711 St. from 1015' Ave. to CR -510. Reason for Supplement and supporting engineering and/or cost analysis: The Supplemental Agreement decreases Construction Phase 58 by $67,585 00. The revised Construction Phase 58 amount is $1,023,814.00. Refer to adjusted exhibit 'B" attached hereto and made apart hereof which replaces Exhibit 'B" attached to the original Agreement. 36 525.010-32 SPECIFICATIONS AND ESTIMATES 09/11 ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM ONE SUPPLEMENTAL 431728-1-58168-01 DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 ART -06 TYPE OF WORK By Fiscal Year FUNDING PREVIOUS TOTAL PROJECT FUNDS ADDITIONAL PROJECT FUNDS CURRENT TOTAL PROJECT FUNDS I TOTALAGENCY FUNDS I TOTAL STATE & FEDERAL FUNDS Planning FY: FY: FY: FY. FY: FY. Total Planning Cost $0.00 $0.00 0.00 0.00 $0.00 Project Development & Environment (PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost 00 $0.00 0.00 $0.00 $0.00 Design FY: FY FY: FY: FY. FY. Total Design Cost 0.00 10.00 $0.00 0.00 $0.00 Right -of -Way FY: FY: FY: FY: FY: FY: Total Rlqht-of-Way Cost $0.00 $0.00 0.00 0.00 $0.00 Construction FY: 2014-2015 FY: 2014-2015 FY: 2014-2015 FY: 2015-2016 FY: 2015-2016 FY: 2015-2016 Total Construction Cost $142.008.00 $0.00 $142.008.00 $0.00 $142.008.00 $446.891.00 $324.053.00 $104.076.00 $446.891.00 $0.00 $446.891.00 $324.053.00 $324.053.00 $171,661.00 ($67,585.001 $104.076.00 $4.799.00 $4.799.00 $4.799.00 $1,987.00 $1.987.00 $1.987.00 $1,091,399.00 ($67,585.00) $1,02 814.00 $0.00 ;1.023,814.2 Construction Engineering and Inspection (CEI) FY: 2014-2015 FY: FY. FY: FY: FY: Total CEI Cost Total Construction & CEI Costs $120.054.00 $120.054.00 $0.00 $120.054.00 12 .0 $1,211,453.00 0.00 ($67,555,00) 120 054.00 1 143 868.00 .00 $0.00 §120.054.00 $1,143,868.00 TOTAL COST OF THE PROJECT $1,211,453.00 1$67,585.001 $1,143,868.00 $0,00 $1,143,868.00 37 525.010-32 SPECIFICATIONS AND ESTIMATES 09111 Page 3 of 3 SUPPLEMENTAL NO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM ONE SUPPLEMENTAL 431728-1-58168-01 DUNS NO. AGREEMENT CONTRACT NO 80-939-7102 ART -06 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Indian River County By:, Name: Bob Solari Title: Chairman Attest: Name: Title: Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Stacy L. Miller P.E. Title: Director of Transportation Development Attest: Name: Title: APPROVED AS TO, SRM Legal Review: AND LEGAL SUFFICI 9 See attached Encumbrance F RftfP'ii�a4 o &60r p�iroval by Comptroller. 38 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Release of Retainage - Work Order No. 3 Morgan & Eklund, Inc. 2015 Beach Profile Monitoring Surveys DATE: February 16, 2016 DESCRIPTION AND CONDITIONS On October 1, 2013, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a one-year term. The Board amended the contract on October 7, 2014 and again on September 15, 2015; renewing the contract until September 30, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. On May 12, 2015, the Board approved Work Order No. 3 to this contract provided for services related to annual hydrographic surveying (beach profile) for the Sector 3 and Sector 7 Beach Restoration Projects and additional surveying to complete the 2014 countywide monitoring program. The Board approved Work Order No. 3 amount was $51,750 and included 3 separate tasks and 3 separate project accounts. To date all tasks are 100% complete. The total amount of retainage withheld under Work Order No. 3 is $5,175 and is broken out by tasks as follows: Task 1: 2015 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey Task 1 totaled $17,825. The total amount of retainage withheld is $1,782.50. Task 2: 2015 Sector 7 Post Construction Monitoring Task 2 totaled $6,900. The total amount of retainage withheld is $690. Task 3: 2015 Countywide Beach Monitoring Task 3 totaled $27,025. The total amount of retainage withheld is $2,702.50 FAPublic Work, s\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2015 - Work Order No 2\agenda item -- WO No. 3 -- Morgan and Eklund Surveying 2015 -- Release of Retainage.docx W Page 2 BCC Agenda Item March 1, 2016 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. Funding for the release of retainage will be provided from two (2) separate accounts. Task 1: 2015 Sector 3 Beach and Dune Restoration Proiect Post Construction Monitoring Survey and Task 2: 2015 Sector 7 Post Construction Monitoring The total amount of retainage withheld is $2,472.50. Account # 128-206002-05054 Task 3: 2015 Countywide Beach Monitoring The total amount of retainage withheld is $2,702.50. Account # 128-206002-01024 RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 3 in the amount of $5,175. ATTACHMENT Morgan and Eklund, Inc. Invoice No. 1-15-1612, dated February 2, 2016. APPROVED AGENDA ITEM FOR: March 1, 2016 V. - A 4. cda'o Indian River County Appro d Date Administration c� Budget IL Legal 2 Public Works C�' a - r 9 �� Coastal Eng. Division W ZI bilb FAPublic Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2015 - Work Order No. 2\agenda item -- WO No 3 -- Morgan and Eklund Surveying 2015 -- Release of Retainage.docx 40 February 2, 2016 MORGAN & EKLUND, INC. PROFESSIONAL SURVEY CONSULTANTS Indian River County Attn: Mr. James Gray 1801 — 27"' Street, Building A Vero Beach, Florida 32960 INVOICE Invoice #: 1-15-1612 Commission #: 5315.26 Work Order No. 2 (WO 2) Contract No: 1333 RE: Invoice for professional survey services rendered in conjunction with 2015 Indian River County Coastal Monitoring Survey; Onshore/Offshore profiles along FDEP Range Lines R-30 to R-119 (90 Lines). �(r I. 2015 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey (R-30 to R-60) 31 onshore/offshore profile lines Total Amount $17,825 x 100% Complete ............................... $17,825.00 Less 10% Retainage................................................................ $ 1,782.50 $16,042.50 7* 11. 2015 Sector 7 Post Construction Monitoring (R-97 to R-108) 12 onshore/offshore profile lines Total Amount $6,900 x 100% Complete ................................. $ 6,900.00 Less 10% Retainage.............................................................. $ 690.00 $ 6,210.00 Total Invoice Amount Due: 1 -II ............................................... $22,252.50 Paid 7/14/15 with check 400328144 dated 7/9/2015 ............... $22,252.50 Retainage due for Invoice 1-15-1612 .................................... $ 2,472.50 8745 U.S. HIGHWAY 1, P O BOX 701420, WABASSO, FL 32970-1420 • PHONE. (772) 388-5361 - FAX. (772) 388-3165 - jniorgan(mmorganeklund.com 1 159 SW 1•e Way, DEERFIELD BEACH, FL 33441 - PHONE. )954) 421-6882 - FAX. (954) 421-0451 - pvouteC5-morganeklund.com 41 Mr. James Gray February 2, 2016 Page (2) Invoice #: 1-16-1643 Commission #: 5315.26 Work Order No. 2 (WO 2) Contract No: 1333 * III. 2015 Countywide Beach Monitoring (R-61 to R-96 and R-109 to R-119) 47 onshore/offshore profile lines @ $575/line ...................... $27,025.00 Less 10% Retainage ........ Total Invoice Amount Due: III ...... .... ........................... $ 2,702.50 ............................. $24,322.50 Paid 1/26/16 with check 00335242 dated 1/21/16 ................... $24,322.50 Retainage Due for Invoice 1-16-1643 ................................... $ 2,702.50 TOTAL RETAINAGE DUE FOR TASKS I, 11, & III .......................... INDIAN RIVER COUNTY PUBLIC WORKS APPROVED DATE DIRECTOR DIV. HEAD P.O. # .................... :..... $ 5,175.00(9 OT- I ACCT. # See gfLow � W- R -&r PrCtT 128- 2 p6O(� —OS .,. .. -.7 c 4 MT. Illy—I ObOOZ — Q 11 42 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director FROM: James D. Gray, JrA Coastal Engineer SUBJECT: FDEP Grant Agreement No. 50839 Indian River County Oyster Bed Project DATE: February 15, 2016 DESCRIPTION AND CONDITIONS CONSEN The Indian River Lagoon has more than 2,100 species of plants and 2,200 species of animals making it one of North America's most diverse estuaries. Indian River County is committed to protecting and preserving the Indian River Lagoon (IRL). In 2013, the County successfully established an oyster bed reef in an area adjacent to Spoonbill Marsh, which has reduced the amount of total nitrogen (TN) and total phosphorus (TP) entering into the Indian River Lagoon and has provided habitat for marine animals in the project area. Staff wishes to continue the County efforts by constructing another oyster bed reef southeast of the 45th Street drainage ditch. The purpose of the proposed oyster bed reef would be to improve water quality conditions of discharges from the 45th Street drainage ditch into the IRL and to construct a new habitat for marine animals. The Florida Department of Environmental Protection (FDEP) received funding pursuant to line item 1662A of the FY 2015/2016 General Appropriations Act to provide financial assistance for the Indian River County Oyster Bed Project. FDEP has issued Agreement No. 50839 committing, on a cost reimbursement basis, up to a maximum of $50,000 forthe construction of the 45th Street Oyster Reef Project; no County match is required. The Agreement identifies Indian River County as the Local Sponsor, County Coastal Engineer James Gray as the project manager, and has an expiration date of June 30, 2018. In preparation for permit application submittals to both FDEP and U.S. Army Corps of Engineers, staff has conducted site condition analysis (bathymetric and Sidescan surveys and sediment probes) within the proposed project area and has completed the Oyster bed reef conceptual design. Staff anticipates bidding the project late 2016 for construction in 2017. All project design, permitting, bidding, and construction management services will be conducted in house by Coastal and Stormwater Division staff. F\Public WorksUamesG\Oyster Reef\Agenda Items\agenda item S0839 FDEP Grant Agreement — Indian River County Oyster Bed Project--3-1-16.docx 43 Page 2 BCC Agenda Item FDEP Grant Agreement S0839 March 1, 2016 FUNDING Although no match is required of the $50,000 grant, funding of $15,000 is budgeted for the survey. Funding for the survey is provided by Optional Sales Tax/Public Works/45th Street Oyster Reef- Acct# 3152438-066510-16014. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve FDEP Grant Agreement No. 50839 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 FDEP Grant Agreement No. S0839 from the State, staff will transmit to the Clerk to the Board of County Commission for recording. 2. Approve a budget amendment in the amount of $50,000 to cover the project construction costs prior to State reimbursement. ATTACHMENT 1. FDEP Grant Agreement S0839 (2 original copies) 2. Indian River County Grant Form No. S0839 APPROVED AGENDA ITEM FOR: March 1, 2016 0',BY: Indian River County Apprtkyed Date Administration Budget �6 Legal —( Public Works �/►"" a- 16`t6 Coastal Eng. Division JD 21is�lb F -\Public WorksUamesG\Oyster ReeAAgenda Items\agenda item S0839 FDEP Grant Agreement -- Indian River County Oyster Bed Project — 3-1-16.docx 44 GRANT NAME: FDEP Indian River County Hurricane Repair Project GRANT # S0839 AMOUNT OF GRANT: $50,000 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: James D. Gray, Jr. TELEPHONE: ext. 1344 1. How long is the grant for? June 30, 2018 Starting Date: Upon Execution 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? 4. Percentage of match to grant 100 % 5. Grant match amount required N/A 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local funding for the project is from Optional Sales Tax/Public Works/45th Street Oyster Reef Project 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? No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position Oil 12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Securitv 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 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: 45 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year L $ $ 1 $ $ Signature of Preparer: Date: 45 DEP AGREEMENT NO. S0839 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE GRANT AGREEMENT PURSUANT TO LINE ITEM 1662A OF THE FYIS-16 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY, whose address is 1801 271 Street, Vero Beach, Florida 32960 (hereinafter referred to as "Grantee"), a local government, to provide financial assistance for the Indian River County Oyster Bed Project. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party." In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. TERMS OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. 2. PERIOD OF AGREEMENT: This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2018, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2015, through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $50,000. It is understood that any additional funds necessary for the completion of this project are the responsibility ofthe Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. Changes to approved budget categories within a single deliverable that are less than 10% of the total approved deliverable budget amount will require a formal Change Order to the Agreement. Changes that are 10% or greater of the total approved deliverable budget amount, or changes that transfer funds from one deliverable to another deliverable, or changes that increase or decrease the project's total funding amount will require a formal Amendment to the Agreement. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, DEP Agreement No. S0839, Page l of 1 46 but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://wNvw.myfloridaefo.conVaadir/reference guid . All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: i. Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee 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 (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee 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 Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. 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 Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. C. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, 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. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee 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). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http:/Avww.myfloridacfo.com/aadir/reference guide/. DEP Agreement No. S0839, Page 2 of 11 47 F. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees 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 Grantee's, or subrecipienfs, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. 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 Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, 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 Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee 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 Grantee to the date repayment is made to the Department by the Grantee. 4. ANNUAL APPROPRIATION: The State of Florida's performance and obligation to pay under this Agreement is based upon an annual appropriation by the Legislature for fiscal year 2015 — 2016. 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. 5. REPORTS: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. B. As stated in the letter dated July 17, 2015, from the Office of the Governor, the Grantee will identify the return on investment for this project and provide quarterly updates to the Governor's Office of Policy and Budget. 6. RETAINAGE: Retainage is not required under this Agreement. DEP Agreement No. S0839, Page 3 of 11 48 INDEMNIFICATION: 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. 8. DEFAULT/I'ERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day's written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. 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 Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes (F.S.), and Section 24(a), Article I, Florida Constitution. D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee 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 Grantee'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 Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 9. REMEDIES/FINANCiAi, CONSEQUENCES: 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 Grantee shall re -perform the services 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 notsubmitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance DEP Agreement No. S0839, Page 4 of 11 49 under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee 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 Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee 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. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee 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 Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, 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 Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee 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 Grant Manager. C. Failure to respond to a Department 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 the 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 the Agreement. 10. RECORD KEEPING/AUDIT: A. The Grantee 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 the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee 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 Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 11. SPECIAL AUDIT REOUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee 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 Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Manager at (850) 245-2975 to request a copy of the updated information. DEP Agreement No. S0839, Page 5 of 11 50 B. The Grantee 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 Grantee 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 Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a-subrecipient or vendor. For state financial assistance, the Grantee 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: httvs:Happs.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) calendar days after execution of the subcontract. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection 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 of the citizens of the 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. 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: 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: i. The contractor's maintaining an office or place of business within a particular local jurisdiction; ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. 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. DEP Agreement No. S0839, Page 6 of 11 51 14. LOBBYING PROHIBITION: In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., 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. 15. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee 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 Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. NOTICE: 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. 17. CONTACTS: The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below: Rob Buda Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd., MS# 3601 Tallahassee, Florida 32399 Telephone No.: 850 245-2975 E-mail Address: Rob.bud de .state.fl.us The Grantee's Grant Manager for this Agreement is identified below. James Gra Indian River County 1801 271" Street Vero Beach, Florida 32960-3365 Telephone No.: 772 226-1344 E-mail Address: c ov.com 18. INSURANCE: To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and' categories specified below, during the life of this Agreement. The Grantee shall provide documentation of any private insurance or self-insurance, as may be applicable to governmental entities, to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall DEP Agreement No. S0839, Page 7 of I 1 52 require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Intemal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company -Owned Vehicles, if applicable $300,000 Hired and Non -owned Automobile Liability Coverage D. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, including but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owc]2/dlhwc/Iscontac.htrn or to the parties' insurance carriers. E. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice (with the exception of non-payment of premium which requires a 10 -calendar -day notice) to the Department's Procurement Administrator. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. F. If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this paragraph 18.17. supersedes 18.A. through E., above. Grantee 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 Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. DEP Agreement No. S0839, Page 8 of 11 53 19. CONFLICT OF INTEREST: The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. EOUIPMENT: Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 21. CHANGE ORDERS: The Department may at any time, by written Change Order, make any change in the Gram Manager information, task timelines within the current authorized Agreement period, or make changes that are less than 10% of the total approved deliverable budget (per Paragraph 3). 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 Agreement amount, expiration date of the Agreement, or deliverable costs that are equal to or greater than 10% of the total approved deliverable budget (per Paragraph 3), shall require formal Amendment to this Agreement. 22. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 23. QUALITY ASSURANCE REQUIREMENTS: Paragraph is reserved. 24. DISCRIMINATION: 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, F.S., 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. 25. LAND ACOUISITION: Land acquisition is not authorized under the terms of this Agreement. 26. PHYSICAL ACCESS AND INSPECTION: DEP Agreement No. S0839, Page 9 of 11 54 As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 27. EXECUTION IN COUNTERPARTS. This Contract 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. 28. SEVERABILITY CLAUSE: 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, but 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. 29. ENTIRE AGREEMENT: 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. I REMAINDER OF PAGE LEFT INTENTIONALLY BLANK DEP Agreement No. 50839, Page 10 of 11 55 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. INDIAN RIVER COUNTY By: _ Title: * Date: ATTEST: Bob Solari, Chairman STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Date: Jeffery R. Smith, Clerk of Court and Comptroller DEP Grant Manager By: Deputy Clerk DEP QC Reviewer Local l:�)nsor'�-Aiiorney (if nery) FEID No.: 59-6000674 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee 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 (3 Pages) Attachment B Payment Request Summary Form (3 Pages) Attachment C Contract Payment Requirements (I Page) Attachment D Progress ss Report Form 0 Page) Attachment E Special Audit Requirements (5 Pages) DEP Agreement No. S0839, Page I I of I l 56 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Indian River County Oyster Bed Project PROJECT AUTHORITY: The Grantee received funding from the Florida Legislature in the amount of $50,000 through Specific Appropriation Line Item No.1662A, Fiscal Year (FY) 2015 - 2016, General Appropriations Act. The Grantee received this funding to construct an artificial reef to serve as a habitat for oysters, encrusting organisms and other marine life for the purpose of improving water quality. Authority for this Project is specified in Section 403.885, Florida Statues. Monitoring and auditing guidelines, as related to the Florida Single Audit Act, are specified in the Florida Catalog of State Financial Assistance (CSFA), No. 37.039. PROPOSED PROJECT LOCATION: The project is located Indian River Lagoon southeast of 451 Street, in Indian River County. Latitude: 27° 40' 27.82" Longitude: 80° 23' 7.47" PROJECT BACKGROUND: The Indian River Lagoon has more than 2100 species of plants and 2200 species of animals making it North America's most diverse estuary. Indian River County ("County") is committed to protecting and preserving the Indian River Lagoon. In the past, the County has successfully established an oyster bed reef in an area adjacent to Spoonbill Marsh in Vero Beach, Florida, which has reduced the amount of total nitrogen (TN) and total phosphorus (TP) entering into the Indian River Lagoon in the area. The County wishes to continue its efforts by constructing a patch reef southeast of the 45th Street ditch, in Indian River County. The purpose of the proposed oyster reef would be to improve water quality conditions of discharges from the 45th Street drainage ditch into the Indian River Lagoon. At this point in time, the proposed project's conceptual design is complete and the County has received permission from the Indian River Board of County Commissioners to proceed with the proposed project. PROJECT DESCRIPTION: The proposed project would require the County to construct a three dimensional "patch" reef southeast of the 451 Street ditch using clean concrete rubble. The concrete rubble will be stacked to create void spaces throughout the reef structure of differing sizes, dimensions, and openings to the Indian River Lagoon. The proposed oyster reef is approximately 24,967 sq. feet. The project location is far enough southeast of the 45th Street dock and channel that it will not inhibit the navigability of the area. The "patch" reef would be capable of providing a habitat for attached and encrusting organisms such as oysters, other invertebrates such as stone crabs, juvenile fish species, and game fish species. In turn, the "patch" reef will act as an in-situ water treatment system to facilitate the removal of total nitrogen (TN) and total phosphorus (TP) from stormwater discharged through the 45th Street ditch into the Indian River Lagoon. The "patch" reef is self-perpetuating in that the attached and encrusting invertebrates and turf algae will continue to overgrow any bare areas created at future times. TASKS and DELIVERABLES: Task 1: Bid of Proiect Task Description The Grantee will subcontract the construction of the oyster bed reef with a qualified and licensed contractor, selected through the Grantee's procurement process. The Grantee shall prepare and solicit bids utilizing a bid package in accordance and state and federal laws and this Agreement. DEP Agreement No. S0839, Page 1 of 2 57 Deliverable 1: 1) Electronic copy of public notice of advertisement for the bid; 2) electronic access to all inquiries, questions, and comments regarding the bid documents; 3) electronic copy of bid package; 4) written notice of selected contractor; 5) electronic copy of executed subcontract(s) provided prior to submitting any invoices for the subcontracted work. No cost to the Department. Task 2: Construction of Proiect Task Description: The Grantee will construct an oyster bed reef consisting of concrete rubble placed in accordance with this task and the final design specifications and approved permits. Deliverable 2: Oyster bed reef constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement upon completion of construction and acceptance of deliverables. PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must be received by the designated due date. BUDGET DETAIL BY TASK: 1 I No DEP Funds Associated with I $0.00 this Task 2 1 Contractual Services 1 $50 DEP Agreement No. 50839, Page 2 of 3 58 - �-Date":3 03/28/16 01/31/18 02/28/18 Task 1 Bid of Project Deliverable Final Deliverable 02/28/18 1 Task 2 Construction of Project 03/28/16 03/31/18 04/30/18 Deliverable Final Deliverable 04/30/18 2 once BUDGET DETAIL BY TASK: 1 I No DEP Funds Associated with I $0.00 this Task 2 1 Contractual Services 1 $50 DEP Agreement No. 50839, Page 2 of 3 58 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. f g?� s : > -, y 6, antes Bundling 0 0lhlac >.sF'_ s�,i.__-.-F3�s:e:.-'s'S2".B'?"•.`-''cs' Contractual Services $50,000 REMAINDER OF PAGE INENTIONALLY LEFT BLANK DEP Agreement No. S0839, Page 3 of 3 59 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: Grantee: Mailing. Address: Payment Request No. Performance Period (Start date — End date): Agreement Effective Dates: Grantee's Grant Manager: Date of Payment Request: Task/Deliverable No(s). Task/Deliverable Amount Requested: $ GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End -of -Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING TOTAL FUNDS FOR CUMULATIVE THIS REQUEST MATCHING FUNDS Salaries/Wages $ $ $ $ Overhead/Indirect/G&A Costs $ $ $ $ Fringe Benefits $ $ $ $ Indirect Cost $ $ $ $ Contractual (Subcontractors) $ $ $ $ Travel (if authorized) $ $ $ $ Equipment Purchases (if authorized) $ $ $ $ Rental/Lease of Equipment $ $ $ $ Other Expenses $ $ $ $ Land (if authorized) $ $ $ $ TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE BUDGET AMOUNT Less Total Cumulative Payment Requests of - TOTAL REMAINING IN TASK $ $ $ $ $ $ GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. DEP 55-223 (11/15) DEP Agreement No.S0839, Attachment B, Page 1 of 3 60 I, on behalf of Grantee's Certification of Payment Request (Print name of Grantee's Grant Manager designated in the Agreement) (Print name of Grantee/Recipient) do hereby certify that: 0 The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. 0 All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 0 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply: ❑ All permits and approvals required for the construction, which is underway, have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy — mm/dd/yy) Grantee's Grant Manager's Signature Print Name Telephone Number DEP 55-223 (11/15) DEP Agreement No.S0839, Attachment B, Page 2 of 3 Grantee's Fiscal Agent Print Name Telephone Number 61 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASKIDELIVERABLE BUDGETAMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASKBUDGETAMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGETAMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL TASKBUDGETAMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP 55-223 (11/15) DEP Agreement No -S0839, Attachment B, Page 3 of 3 62 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts 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 or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for 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: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: hnpl/www.fldfs.com/aadir/reference Quide.htm DEP 55-219 (05/2008) DEP Agreement No. S0839, Attachment C, Page 1 of 1 63 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: S0839 Grantee Name: Grantee Address: Grantee's Grant Manager: Tele hone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0839 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No. 50839, Attachment D, Page 1 of 1 64 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS 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 contracdagreement) 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 OMB 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. 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. EXHIBIT I 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. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 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 htty://12.46.245.173/efda/efda.htmi. DEP 55-215 (06/14) DEP Agreement No. S0839, Attachment D, Page 1 of 5 65 PART 11: STATE FUNDED 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 l 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 II, paragraph l; 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_ 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). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hgps://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.lee.state.fl.us/Welcome/index.cfin State of Florida's website at http://www.myflorida.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 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 55-215 (06/14) DEP Agreement No. S0839, Attachment D, Page 2 of 5 66 A. The Department of Environmental Protection at one of the following addresses. By Mail: 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 Cleannghouse), at the following address: Federal Audit Cleannghouse 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://barvester.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(f), 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 one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit n,den.state.fl.us 3. Copies of financial reporting packages required by PART 11 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 one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingl eAudit(aa)d eo. state. fl.us DEP 55-215 (06/14) DEP Agreement No. 50839, Attachment D, Page 3 of 5 67 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 32399-1450 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 one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin eAudiQdep.state.fl.us 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. 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 55-215 (06/14) DEP Agreement No. S0839, Attachment D, Page 4 of 5 68 EXR BT1'— I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING. Federal Resources Awarded to the Reci ieot Pursuant to this Agreement Consist of the Following: ms: Federal Program CFDA Number Federal Agency Number CFDA Title State Appropriation Funding Amount Category CSFA Title State Number State Resources Awarded to the Recipient Pursuant to tbis A reement Consist of the Following Matching Resources for Federal Pro ms: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category CSFA Title State Number State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program CSFA Title State Number State CSFA or Appropriation Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General 2015-2016 37.039 Statewide Surface Water $50,000 140047 Agreement Appropriations, Restoration And Wastewater Litre Item 1662A Projects Iridian River County Oyster Bed Pro ect Total Award 1 $50,000 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) [httpsl/apps.fldfs.coni/fsaa/searchCatalogaspx]. The servicestpurposes for which the funds are to be used are included in the Contract scope of services/wor)c Any match required by the recipient is clearly indicated in the Contract. DEP 55-215 (06/14) DEP Agreement No. 50839, Attachment D, Page 5 of 5 69 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Richard B. Szpyrka, P.E., Assistant Public Works Directo SUBJECT: Change Order No. 1, Final Pay and Release of Retainage Vero Lake Estates Asphalt Millings Project (Phase 1) Bid No. 2015010 DATE: February 10, 2016 DESCRIPTION AND CONDITIONS `ZN On January 6, 2015, the Indian River County Commissioners awarded Bid No. 2015010 for Vero Lake Estates Asphalt Millings (Phase 1) to Dickerson Florida, Inc. in the amount of $712,600.00 as part of the prioritized list of roadway improvements recommended by the Vero Lake Estate advisory group and authorized the expenditure of Vero Lake Estates MSBU funds for the design, permitting and construction of said improvements. The project has been completed and Change Order No. 1 is intended to make final adjustments to the contract line items to increase the total contract price by $58,426.25 for a final cost of $771,026.25. During construction, it was found that a section of 104th Avenue needed to be revised due to existing conditions, which required revising the slope of the roadway, additional drainage pipe, and drainage inlets. The Contractor performed the work at the contract prices for the project. Dickerson Florida, Inc. has been paid $676,867.88 with $36,853.31 held in retainage. Dickerson Florida, Inc. has submitted Contractor's Application for Payment No. 6 in the amount of $94,158.37 for final payment and release of retainage. FUNDING Funding for the final payment is budgeted and available as follows: Road & Bridge Petition Paving Materials Account No. 18521441-035510 Vero Lake Estates ($57,305.06) Road & Bridge Petition Paving Materials Account No. 185-206000 RETAINAGE - Vero Lake Estates ($36,853.31) The total cost of the millings for Phase I is $771,026.75. In accordance with Board direction, 25% ($192,756.69) of Phase I costs will be reimbursed to the Vero Lake Estates MSBU (Fund 185) from Secondary Roads (Fund 109) now that the project (Phase 1) is complete. 70 F,\Public Wodcs\ENGMEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\agenda items\13CC Agenda CO No. I, Final Pay and Release of Retainage 3-1-2016.doc Page 2 Change Order No. 1, Final Pay and Release of Retainage Vero Lake Estates Asphalt Millings Project (Phase 1) For March 1, 2016 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 1 and approval of Dickerson Florida, Inc. Contractor's Application for Payment No. 6, increasing the contract amount by $58,426.25 for final contract total of $771,026.25. ATTACHMENTS 1. Change Order No. 1 2 . Dickerson Florida, Inc. Contractor's Application for Payment No. 6 DISTRIBUTION Dickerson Florida, Inc. Terry Cook, Superintendent Road & Bridge APPROVED AGENDA ITEM FOR March 1, 2016 B ts-f�b I &fj Indian River County Approv Date Administration � as /_ Budget 1t� Legal 2 ' 7 / 6 Public Works a Engineering :Z// Z ! 6 71 F -\Public Wodcs\ENGINEERING DIVISION PROJECTS\1314-107th Ave M0th illing_9St to 94th St\Admintagenda items\BCC Agenda CO No. 1, Final Pay and Release of Retainage 3-1-2016.doc SECTION 00942 - Change Order Form No.1 DATE OF ISSUANCE: 3/1/2016 EFFECTIVE DATE:3/1/2016 OWNER: Indian River County CONTRACTOR Qickerson Florida. Inc. Project: Vgrglakq EstMes Asphalt Minim Prolect [Phase Il Project No. 1314 Bid No. 2015010 You are directed to make the following changes in the Contract Documents: Reason for Change Order. The project Is complete. This change order is Intended to make final adjustments to line Items In order to finalize the contract and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Descri Amount Original Contract Price $712.600.00 Net increase of this Change Order $58,426.25 Contract Price with all approved Change Orders: $T71.026.25 Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time. (days or dates) Substantial Completion: 120 Final Completion: 150 Net increase (decrease) this Change Order (days or dates) Substantial Completion: Q Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 12Q Final Completion: 1 150 RECOMMENDED: By: /S//6 By: Date: 00942 - Charge OnW No 13-1-2018 00942-1 F-1PRNe VlakODMWERt10 DiJMM PRCWCM13WI DM An LVt4L_9M31 to 90h S9AMnttHpmda kmu hwW O MO 00-ChWW Qdo Wo 111- 9D19.d0e ftw DSM 72 VERO LAKE ESTATES MILLINGS PROJECT (PHASE 1) IRC No. 1314 CHANGE ORDER NO. 1 Description of Itemized Changes ■ice - -�l�em - ■� -_l.' � ! lir. •`.:� �� ■® i.• ■ L•. M 1• MMM ♦l•:� .( i .•. _i 11..x_-. mn ■ i�i1 -•.1_:1.: .•.. MMM AMM • I: � I 1 TOTAL CHANGE ORDER # I F 1Pusie WQft%ENGLNF-ERING DIVISION PRO.ECTSIt314IU71h Ave t;Itlpp_9ph SI to 94th Mdrrinl g n - kvmslChanpa Ordw Chanpe t;der Farm No 1 Pape 1 73 Revision 1 Vero Lake Estates Asphalt Millings Project (Phase 1) Application for Payment No. 6 For Work Accomplished through the period of August 1 2015 through December 31. 2015 To: INDIAN RIVER COUNTY From: DICKERSON FLORIDA INC (CONTRACTOR) Bid: 20.15010 Project: 1314 1) Attach detailed schedule and copies of all paid invoices. 1 Original Contract Price: $ 712.600.00 2. Net change by Change Orders and Written Amendments (+ or -) $ 0.00 3. Current Contract Price (1 plus 2): $ 712.600.00 4. Total completed and stored to date: 1 771.026.25 5. Retainage (per Agreement): 100% of completed Work: $ 771.026.25 0% of retainage: $ 0.00 Total Retainage: $ 0.00 6. Total completed and stored to date less retainage (4 minus 5): $ 771.026.25 7. Less previous Application for Payments: $ 676.867.88 8. DUE THIS APPLICATION (6 MINUS 7): $ 94.158.37 Attach detailed schedule of materials and copies of all invoices with lien releases CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended)- have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 4!1 _V 00622-1 1UW1k"fS%SDe Yft DOC—del3M - Vero Lake EstateA398M dw Rev. 0&01 74 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated January 29, 2016 By: (CONTRACTOR = m sf be signed by an Officer of the Corporation) Dale McTaggart, Vice President Print Name and Title STATE OF FLORIDA COUNTY OF ST LUCIE Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Dale McTaggart , who being by me first duly sworn upon oath, says that he/she -is the _Vice President of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 29th day of January 120 16 . Dale McTaggart is personally known to me or has produced (SEAL) as identification. NOTARY PUBLIC: sEL�Nii�te��e: NOTARY PUBLIC Commission No.: STATE OF FLORIDA Comm#EE16=7 Commission Expiration: Expires 4/8/2016 [The remainder of this page was left blank intentionally] 00622-2 3988-6 75 11sbs011users%S0eweyVAy DocumentsQ988 - Vero Lake EstatesQ988-6.doc Rev. 05101 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Travelers Casualty and Surety Company of America ,a corporation, in accordance with Public Construction Bond Number 106165324 hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: A est: Secretary STATE OF North Carolina COUNTY OF Buncombe Travelers Casualty and Surety Company of America Corporate Surety One Tower Square Hartford, CT 06183 Business Address BY: Print Name: Karen K. Beard Title: _Attorney -in -Fact and Florida Licensed Agent (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Karen K. Beard , to me well known or who produced N/A as identification, who being by me. first duly sworn upon oath, says that he/she is the Attorney -in -Fact for Travelers Casualty and Surety Company of America and that he/she has been authorized by Travelers Casualty and Surejy Company of America to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 29th day of January , 20 16 ► i ..,,,.ttt„ Notary Public, State of North Carolina My Commission Expires: March 15, 20: �Ir**�kat�k**�Ir�e*tkn+rat*�e$e9ctt�t9e�r9c*4c*�k**nt***dc*nt�E tit�k�t*fir*9c 9r 9totie*�ir�i9e9c**�cicicdcic�t*****�ktt [The remainder of this page was left blank intentionally] 3988-6 00622-3 \\sbs01\usets\sdewey\My Documents\3988 - Vero Lake Estates\3988-& l.doc Rev 0501 76 WARNING: THIS POWER OF ATTORNEY Imo, POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223206 Certificate No. 004935576 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Karen K. Beard of the City of Asheville , State of North rar01ina , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted•in any -actions or proceedings allowed by law. Any and all consents required by the Department of Transportation, or'the Orlando -Orange County Expressway Authority, State of Florida, incident to the release of retained percentages and/.or 'final estimates.' IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and .their corporate seals to be hereto affixed, this 22nd day of June 2012 Farmington Casualty Company Fidelity and Guaranty.Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pR6U FIRE 6 TM SMS ! INRU �f'/.4y Y_ Zb c 1977 g OBp �; z:°'R— ` wwrram•�avmo 5 �O� bF 1951 �\SEALion �i o � pppL i��00Nt p d, t89a State of Connecticut City of Hartford ss. By Georg Thompson,nior rce President On this the 22nd day of June 2012 before me personally appeared George W Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. G-A�h C My Commission expires the 30th day of June, 2016. pp * Marie C. Tetmault, Notary Public 58440-6-11 Printed in U.S.A. 77 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 00 It - Vero Lake Estates Asphalt Millings Project Phase I Project No 1314 Payment Application 6 Revision 1 Item No. IDescription 1UnIF75-us`n-1Tty UnI(PrIce I, Amount QWMTITY TOTAL QUANTITY I TOTAL CIUAIMTY --TML I STORED QUANTITY I ROADWAY IMPROVEMENTS 101-1 MOBlIZATION LS LS LS 1.00 1.00 0 100.000.00 100.000.00 1.00 '100.00O.D0 0.00 1.00 100.000.00 100% 0.00 0.00 102-1 MOT LS LS 1.00 0 47.575.00 47.675.00 0.95 45,291.25 0.05 2,383.75 1.00 47.675.00 100% 000 0.00 104-1 EROSION AND WATER POLLUTION CONTROL LS LS_ 0 1.00 0 20.000.00 20.000.00 1.00 20.000.00 0.00 1.00 20.000.00 100% 0.00 0.00 110-1-1 CLEARING & GRUBBING AC 15.301 200.00 3.060.00 15.30 3.060.00 1 O.DO 1 15.30 3,060.00 100% 0.00 0.00 110-7-1 RELOCATE MAILBOX I 50.00 1,80D.00 48.00 2.00.00 0.00 48,00 2.00.00 133% -12.150 -600.00 12G -I EXCAVATION REGULAR CY 6471.00 7.00 45.297.00 6,471.00 45,297.00 0.00 6,471.00 45.297.00 100% 0.00 0.00 120-6-1 EMBANKMENT (COMPACTED IN PLACE) CY 2805.00 10.00 28.050.00 5.148.00 51,480.00 0.00 5,148.00 51.480.00 184% -2.343.00 -23.430.00 160-4 TYPE B STABILIZATION -12" SUBGRADE LBR 40 SY 38977.00 2.00 77,954.00 38.977.00 77.954.00 0.00 38.977.00 77.954.00 100% 0.00 0.00 160-4A TYPE B STABILIZATION46- SUBGRADE LBR 40 (SHOULDER) SY Sy 12095.00 2.00 24.190.00 12.095.00 24.1913.00 0.00 12.095.00 24.190.00 100% 0.00 0.00 283-1 ASPHALT MILLLINGS (8- COMPACTED)(2 LIFTS) Y Sy 30.344.DO 6.00 182.064.00 29.177.00 175.062.00 1.167.00 7.002.00 30.344.00 182.064.00 1 DO% 0.00 0.00 283 -IA ASPHALT MILLLINGS (6- COMPACTED)(I LIFT)(DW) SY SY 741.00 , I " 6.00 4.446.00 741.00 4.446.00 0.00 741.00 4,"6.00 100% 0.00 0.00 400-2-2 CLASS 11 CONCRETE FOR HEADWALLS CY 28.001 825.00 23,100.00 25.00 23,100.00 0.00 28.00 23.100.00 100% 0.00 0.00 415-1-1 REINFORCING STEEL (ROADWAY) LB 1,640. 1.00 1.640.00 1.040.00 1.640.00 0.00 1.640.00 1.640.00 100% O.DO 0.00 425-1-521 DITCH BOTTOM INLET, TYPE C (-10') EA- 2.00 1,700.00 3.400.00 10.00 17,000.00 0.00 10.00 17.000.00 500% -8.00 -13.600.130 425-1-551 _DITCH BOTTOM INLET, TYPE E (00) EA 1.00 3.100.00 3,100.00 1.00 3.100.00 0.00 1.00 3,100.00 100% 0.00 0.00 425-2-71 MANHOLE STRUCTURE (TYPE J-7) EA 1.00 3.400.00 3.400.00 1.00 3,400.00 0.00 1.00 3.400.00 IGO% 0.00 0.00 425-8 VALVE BOX ADJUSTMENT EA --- 7.-00 200.00 1.400.00 - 0.00 - - 0.00 7.00 1,400.00 7.00 1.400.DO lDo% 0.00 0.00 430-174-112_ LF 300.00 30.00 0.000.00 440.00 13,200.00 1 0.00 440.00 13.200.00 147% .140.00 -4,200.00 430-174-115 PIPE CULVERT 15'ACMP LF 30.130 45.00 1.350.130 30.00 1,350.00 1 32.00 1,440.00 62.00 2.790.00 207% -32.00 -1.440.00 430-175-112 PIPE CULVERT 12" RCP LF LF 250.00 250.0 45.00 11,250.00 218.00 9.810.00 0.00 218.00 9.810.00 87% 32.00 1.440.00 430-175-118 PIPE CULVERT 18' RCP LF 80.00 I 45,00 3.600.DO 80.00 3,600.00 0.00 80.00 3,600.00 100% 0.00 O.DO 430-175-124 PIPE CULVERT 24" RCP LF 96.00 70.00 6.720.00 96.00 6.720.00 020 98.00 6,720.00 100% 0.00 0.00 430-175-136 PIPE CULVERT 36" RCP LF I 92.00 115.00 10,580.00 92.00 10,580.00 0.00 92.00 10.580.00 100% 0.00 0.00 430-175-160 PIPE CULVERT 60" RCP LF 100.00 230.00 23,01)0.00 100.00 23.000.00 0.00 100.00 23.ODO.00 100% 0.00 0.00 430-984-121 MES 12: RCP EA 2.00 1.200.00 2.400.00 2.00 2.400.00 1 0.00 2.DD 2.400.00 100% 0.00 0.00 570-1-2 PERF TURF.SOD (aAHIA) INCL. TOP SOIL, FERT & WATERING SY 20,232.001 1.50 30.348.00 12.000.00 18,000.00 22.632.00 33,948.00 34,632.00 51.9,18.00 171% -14,4150.00 -21.600.00 700-20-40 SGL POST SIGN STOP RELOCATE 170.00 5,780.00 4.00 680.00 30.00 5,10000 34.00 5.780.00 100% 0100 0.00 711-35-241 SOLID TS 24"THERMO LF _ 456.00 3.50 1.596.00 0.00 0.00 466.00 1.598.00 456.00 1 1,596.00 100% 0.60 0.00 1644-800 _ FIRE HYDRANT (RELOCATE) EL 1.00 1,800.00 1.800.00 2.00 3.800.00 0.00 2.00 3.600.00 200% -1.00 -1,800.00 MISCELLANEOUS 801 - TRENCH SAFETY COMP OVER S-) LS 1.00 I00.00 100.00 1.00 100.00 0.00 1.00 100.00 100%1 0.00 0.00 802 TRENCH SAFETY COMP (SHORING) LS 1.00 100.00 100.130 1.00 100.00 0.00 1.00 100.00 100% 0.00 0.00 803 PUBLIC CONSTRUCTION BOND LS 1.00 4.00.00 4.400.00 1.00 4.400.00 0.00 1.00 4,400.()0 100% 0.00 0.00 SUBTOTAL SUBTOTAL. 682,600.00 52.869.75 747,630.00 0.00 46,2".00 FORCE ACCOUNT S1 1 J 18.436.00 1 18.436.00 0.00 0.00 1 0 0.00 0.00 T 0.00 1.00 1e"438.00 Vero Lake Estates Asphalt Millings Project Phase I Project No 1314 Payment Application 6 Revision 1 �nTiTi13 ill IN 3.1711 IIS d'af•TII:7�:9 f! r4S7L1! 1 [_� �1T1TTJ3773r'rf_T� tom No. scr nn usnt Unk Price Amount 1 QUANTITY TOTAL I QUANTITY TOTAL I QUANTITY WCD #2 12" WM DEFLECTION LS 1 5,900.00 5.900.00 1.00 5.900.00 0.00 1.00 5.900.00 100% 0.00 0.00 WCD 92 CONCRETE COLLAR LS 1 994.75 994.75 1.00 994.75 0.00 1.00 994.75 100% 0.00 0.00 WCD f2 15" RCP LF 80 42.55 2,553.00 250.00 10 837.50 0.00 250.00 10.637.50 417% •190.00 •8.084.50 FLORITAM SOD SY 1888 3.00 5.664.00 0.00 0.00 1.888.00 5.664.00 1.888.00 5.664.00 100% 0.D0 0.00 r.. ...;�,.. :l' ls;r`^ a ,? :r'- ,' .,v74,. ::�� `:!K,. :.7:. •'•• ,: ,'' :,.: -�.••, 1,,. :+drX''Y+:1.�...':'tiv.� t.. ��i oa�„ryl. ..z:°' ;C. a`L': , .y y,..: .��,.�n"pa-• l:i,!�5;:._t,:, 1;,.,•:��i.?i'.:+.•7::;;,::;.S�:s:;�: o.s• •i• r.L.....d„ xc.. ;:�... +z.0 �,+^:-,. GRAND TOTAL TOTAL 712,600.00 712,492.60 65,613.76 771,026.25 0.00 .64,876.60 AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUBTOTAL MATERIALS STORED AND COMPLETED TO DATE RETAINAGE AT 0% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR $771,026.2 S0. 5771,0261. So. 5771,026.2. $616 667. S'94 I5U Page 2 of 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Richard B. Szpyrka, P.E., Assistant Public Works Director SUBJECT: Change Order No. 4, Final Payment and Release of Retainage Martin Luther King Walking Trail Bid No. 2015034 DATE: February 9, 2016 DESCRIPTION AND CONDITIONS 0 In the fall of 2014, the Florida Department of Environmental Protection — Office of Recreational Trails announced that Indian River County was the recipient of a $150,000 grant to construct a walking trail at the Historic Macedonia Church and Gifford Health Center on 28th Court, north of 45th Street, in the Gifford community. On May 19, 2015 the Board of County Commissioners approved awarding Bid No. 2015034 to Timothy Rose Contracting, Inc. for construction of the trail. Three change orders have been approved for a contract total of $318,310.17. Construction of the trail is complete and Change Order No. 4 is intended to make final adjustments to the contract line items to decrease the total contract price by $5,863.05 for a final cost of $312,447.12. Timothy Rose Contracting, Inc. has been paid $294,074.51 to date, with $15,477.61 held in retainage. Timothy Rose Contracting, Inc. has submitted Contractor's Application for Payment No. 5 FINAL in the amount of $18,372.61 for final payment and release of retainage. FUNDING Funding for final payment is budgeted and available as follows: Optional Sales Tax Account No. 31521072-066510-15014 Martin Luther King Walking Trail ($2,895.00) Optional Sales Tax, Retainage Account No. 315-206000-15014 Martin Luther King Walking Trail ($5,251.10) MPO Fund/Planning, Retainage Account No. 124-206003-15014 Martin Luther King Walking Trail ($10,226.51) 80 F -\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking TraiMdmin\agenda items\Change Order 94\BCC Agenda Change Order No 4 and Release of Retainage 3-1-2016.doc PAGE 2 Change Order No. 4, Final Payment and Release of Retainage Martin Luther King Walking Trail For March 1, 2016 Several organizations participated in the overall funding of the project, which included playground equipment and park benches. Funding was provided by the following organizations: Optional Sales Tax 31521072-066510-15014 Martin Luther King Walking Trail $160,000 MPO Fund/Planning/Martin Luther King Walkway 12420415-066510-15014 FDEP RTP Grant $150,000 Parks/Landscape Materials 11721072-035340 Tree Mitigation Fund $5,421 Parks/Other Machinery & Equipment 00121072-066490 Health Department Sapphire Grant Award $67,500 MPO Fund/Planning/Martin Luther King Walkway 12420415-066510-15014 Hospital District Contribution $15,000 MPO Fund/Planning/Martin Luther King Walkway 12420415-066510-15014 Grand Harbor Homeowners Association $5,000 General Fund Contingency 00119981-099910 $44,079 TOTAL $447,000 RECOMMENDATION Staff recommends approval of Change Order No. 4 and approval of Timothy Rose Contracting, Inc. Contractor's Application for Payment No. 5 FINAL, decreasing the contract amount by $5,863.05 for a final contract total of $312,447.12. ATTACHMENTS 1. Change Order No. 4 2. Description of Itemized Changes for Change Order No. 4 3. Timothy Rose Contracting, Inc. Contractor's Application for Payment No. 5 FINAL DISTRIBUTION 1. 2. 3. 4. Timothy Rose Contracting, Inc. Deward Howard, Jr., Construction Coordination Manager Rick Mathis, Senior Engineering Inspector Andrew Sobczak, MPO Senior Planner APPROVED AGENDA ITEM FOR March 1, 2016 BY Indian River County Appr d Date Administration S// Budget Legal Public Works y �� Engineering Z/ZZ 81 F\Public Works\ENGINEERING DIVISION PROJECTS\1413-Martin Luther King Walking TraiMdmin\agenda items\Change Order 94\BCC Agenda Change Order No 4 and Release of Retainage 3-1-2016.doc SECTION 00942 - Change Order Form No. 4 DATE OF ISSUANCE: 03/01/2016 EFFECTIVE DATE: 03/01/2016 OWNER: Indian River County CONTRACTOR TIMOTHY ROSE CONTRACTING, INC. Project: Martin Luther King Walking Trail OWNER's Project No. 1413 OWNER'S Bid No. 2015034 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $128.723.60 Net Increase from previous Change Order Nos. 1, 2 and 3: $189.586.57 Contract Price prior to this Change Order. $318.310.17 Net decrease of this Change Order. $(5.863.05) Contract Price with all approved Change Orders: $312,447.12 ACCEPTED: CONTRACTOR (Signature) Date: Z- - i • r CHANGE IN CONTRACT TIMES Description ' Time Original Contract Time: (days or dates) Substantial Completion: 90 (9/10/2015) Final Completion: 120 10/10/2015 Net change from, previous Change Orders Nos. 1 and 2: (days) Substantial Completion: 90 Final Completion: 90 Contract Time prior to this Change Order: (days or dates) Substantial Completion: 180 Final Completion: 210 Net change for this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 180 (12/9/2015) Final Completion: 1 210(1/922161 1 RECOMMENDED: By: 104941 ENGINEER (Sig ature) Date:td 6 APPROVED: By: OWNER (Signature) Date: 00942 - Change Order No. 4 2-9-2016 00942-1 FAPublic Woft%ENGINEERING OMSION PROJECTS%1413-Martin Luther " Walking TraiNAdminlagenda items\Change Order 54100942 - Change Order No. 4 2-9- 2016.doc Rev. M01 82 Martin Luther King Walking Trail Change Order No. 4 DESCRIPTION OF ITEMIZED CHANGES IRC No. 1413 kem No. I Descri 'on of Chane Unit I Q..ntfty Untt Price I Price Increase Price Decrease 9 Pipe Handrail/Guiderail (SteeO LF 52 65.00 3,380.00 CO#3 Sod SY 750 2.55 1912.50 11 Performance Turf Sod Bahia SY 1 435.47 2.55 3,660.45 WCD#2 15" ADS LF 1 40.0 25.25 1 1,010.00 WCD#2 Earthwork CY 72 12.00 864.00 WCD#2 As haft TN 5 200.00 1,000.00 WCD#4 FD(ed Bollards EA 1 5 265.00 1,325.00 WCD#4 Lockable Bollards EA 2 260.00 520.00 WCD#4 T de D Curb Short Load FT 30 35.00 1,050.00 FORCE ACCOUNT 10 000.00 Subtotals 9,429.45 15,292.50 TOTAL CHANGE ORDER #4 $5,863.05 83 FtPubrtc Works\ENGINEERING DIVISION PROJECTS\1413Manin Luther King Walking TraiMdminlagenda items\Change Order 041Change Order No. 4 Page 1 SECTION 00622 - Contractor's Application for Partial Payment FINAL Application for Payment No 5 For Work Accomplished through the period of 01/01/16 through 01/15/16 To: Indian River County (OWNER) From: Timothy Rose Contracting, Incorporated Contract: 1413 Project: Martin Luther King Jr. Walking Trail OWNER's Bid No. 2015034 ENGINEER I.R.C. Public Works. (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $128,723.60 2. Net change by Change Orders and Written Amendments (+ or -): $189,586.57 3. Current Contract Price (1 plus 2): $318,310.17 4. Total completed and stored to date: $312,447.12 5. Retainage (per Agreement): 2_% of completed Work/Materials: 5% of retainage: Total Retainage: $00 6. Total completed and stored to date less retainage (4 minus 5): $312.447.12 7. Less previous Application for Payments: $294,074.51 8. DUE THIS APPLICATION (6 MINUS 7): $18,372.61 CONTRACTOR'S CERTIFICATION: I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below. Dated 01/15/16 State of Florida County of Indian River Subscribed and sworn to before me this 15 Day of January Notary Public 1� My Commission expires: 10/03/19�,�.. �� Timothy Rose Contracting. Incorporated (CONTRACTOR) BY: DEBORAH WEST MY COMM1ssION i FF904578 EXPIRES: October 03, 2019 00622-1 i C:\Users\Owner\DocumentsNIJC Walking Trail\Cover PA #5.doc 84 PAY APPLIGAIION F- 1 IN r%L. SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Kginh'jDai.APU�n- " itl --will Pd4,� CXJANTiTY�'+-.'1'rZAr6wM CAJANTITY'--' jI �OUANTITY MILK WALKING TRAIL I MOBILIZATION 1 LS 15,0 .00 15,000.00 1 15,000.0 0.00 1.00 0: 15,000.00 100% 0.00 0.00 0.00 2 MAINTENANCE OF TRAFFIC 1 LS 2,500.0D 2,500.00 1 2,500.00 0.00 1.00 2,500.00 10D% 0.00 -0.00 0.00 3 EROSION & WATER POLLUTION CONTROL 1 LS 5,400.00 5,400.00 1 5,400.00 0.00 1.00 5,400.00 100% 0.00 0.00 0.00 4 RECORD DRAWINGIAS•gUrLT DRAWINGS (TO INCLUDE CONSTRUCTION STAKEOUT) I LS 6,000.00 6,000.00 1 6,000.00 0.00 '00 6,000.00 100% 0.00 0.00 0.00 5 CLEARING & GRUBBING (TO INCLUDE REMOVAL OF EXISTING SIDEWALK AS SHOWN ON I LS 32.700.00 32.700.00 MANS) 1 32.700.001 0.00 1.00 32,700.00 100% 0.00 0.00 0.00 6 EARTHWORK (TO INCLUDE EXCAVATION, EMBANKMENT, AND GRADING) 1 LS 17.650.00 17.850.00 1 17.850.001 0.00 1.00 17,850.00 100% 0.00 0.00 0.00 7 TYPE B STABILIZATION - (6- SUBGRADE LBR 40) 110 SY 15.00 1.650.00 110 1,650.0 0.00 110.00 I,6S0.00 1 DO% 0.00 - 0.00 0.00 8 ASPHALT MILLINGS (8- THICK COMPACTED) TWO LIFTS) 3.250 SY 7.65 4,882.50 3,250 24,862.5 0.00 3,250.00 24,882,50 100% 0.00 0.00 0.00 9 PIPE HANDRAJUGUIDERAJL (STEEL) 52 LF 65.00 3380.00 0.00 0.00 0.00 0% 0.00 52.00 3380.00 10 CONCRETE SIDEWALK (6-) (THICK) 135 SY 36.35 4,907.25 135 [ !2,562 4,907.25 0.00 135.00 4,907.25 100% 0.00 0.00 O.DO 11 PERFORMANCE TURF - SOD (BAHIA) (INCLUDES: TOP SOIL, FERTILIZER. AND WATERING) 1,127 SY 2.55 2,873.85 0.00 2.562.47 8,534.30 227% 0.00 6,534.30 (1435.47) (3660.45) 12 PUBLIC CONSTRUCTION BOND 1 LS 1,600.00 1,600.00 1 1 1,600.00 0.00 1.00 I,600.00 100 0.00 0.00 1 0.00 118.723.60 119,004.05 119,004.05 (280.45) FORCE ACCOUNT 10,000.00 2.874.00 2.895.00 5.769.00 4231.00 MD 2 15" ADS 40 FT 25.25 1010.00 40.00 1010.00 0.00 40.00 1010.00 1.00 0.00 0.00 0.00 Earthwork 72 CY 12.00 864.00 72.00 864.00 0.00 72.00 864.00 1.00 0.00 0.00 0.00 Asphall 5 TN 200.00 1000.00 5.00 1000.00 0.00 5.00 1000.00 1.00 0.00 0.00 0.00 WC04 Fixed Bollards 5 ---EA 265.00 1325.00 0.00 0.00 5.00 1325.00 5.00 1325.00 1.00 0.00 0.00 0.00 Lockable Bollards 2 EA 260.00 520.00 0.00 0.00 '2.00 520.00 2.00 520.00 1.00 0.00 0.00 0.00 Type D Curb - Short Load EMU" im1mv- 30 FT 35.00 1050.00 0.00 0.00 30.00 1050.00 30.00 1050.00 1.00 0.00 0.00 0.00 Col 15" CMP 20 FT 22.00 440.00 20.00 440.00 - 000 20.00 440.00 1.00 0.00 0.00 0.00 15" RCP 18 FT 68.34 1230.12 18.00 1230.12 0.00 - 18.00 - 1230.12 1.00 0.00 0. 00 0.00 Type C Inlet I LS 17DO.00 17DO.00 1.00 1700.00 0.00 1.00 1700.00 1.00 0.00 0.00 0.00 15"ADS 140 FT 25.25 3535.GD 140.00 3535.00 0.00 140.00 3535.00 1.00 0.00 0.00 0.00 15" x 8' Tee 1 LS 380.00 380.00 1.00 380.00 0.00 1.00 --- 380.00 - - 1.00 O.Go 0.00 0.00 ME 4 EA 800.00 3200.00 4.00 3200.00 0.00 4.00 3200.00 1.00 0.00 0.00 0.00 Earthwork 220 CY 12.00 2640.00 220.00 2640.00 0.00 220.00 2640.00 1.00 0.00 0.00 0.00 Relocate Berm ft Property Una I LS 1100.00 1100.00 1.00 1100.00 0.00 1.00 1100.00 1.00 0.00 0.00 0.00 Rebuild MillIngs #% 2 Locations I LS 1 980.00 980.00 1.00 980.00 0.00 1.00 980.00 1.00 0.00 0.00 0.00 CO2 Clear North End of Health Department 1 1 LS 2500.00 2500.00 1.00 2500.00 0.00 1.00 2500.00 1.00 0.00 - 0.00 0.00 Clem Perimeter I LS 5600.00 5600.00 1.00 5600.00 0.00 1.00 5800.00 1.00 O.DO 0.00 0.00 Drinking Fountain I LS 2560.00 2560.00 1.00 2560.00 0.00 1.00 2560.00 1.00 0.00 0.00 0.00 Stabilized Subbase -88 ag yda LZO $15.00 as SY 15.00 1290.00 86.00 - 1290.00 0.00 86.00 1290.00 1.00 0.00 AGO 0.00 Sidewalk and Bench Pads - 83 ag yrds @ $36.35 .3 83 SY 36.35 3017.05 83.00 3017.05 0.00 83.00 3017.05 I.DO 0.00 0.00 0.00 40 x 60 Parking Lot Stabilized Subbase - 232 sq yds 2132 232 SY 24.70 5730.00 232.00 5730,00 0.00 232.00 5730.00 1.00 0.00 0.00 0.00 40 x 60 Parking Lot 6* Concrete - 266.66 sq yds 266.68 ... 6. SY 38.35 9693.09 266.66 9693.09 O.DO 266.68 9693.09 1.00 0.00 12 Loads General Fill at Tragi & North End Trail 11 2 12 SY 120.00 1 1440.00 12.00 1440.00 0.00 12.00 1440.00 1.00 0.00 0.00 0.00 0.00 2DII - S' PVC go Tree 20 20 FT 8.00 160.00 20.00 160.00 0.00 20.00 160.00 1 1.00 0.00 - 0.00 0.00 0.00 5 Tons - #57 Stone 5 TN 75.00 375.00 5.00 - 375.00 - 0.00 5.00 375.00 1.00 -0 DO 0.00 0.00 300 ag It Cloth at Tree 3DO 300 - _SF 0.35 105.00 300.00 105.00 0.00 300.00 105.00 1.00 0.00 0.00 0.00 Additional Earthwork - Center Strip Trail I LS 1500.00 1500.00 1.00 1500.00 0.00 1.00 1500.00 1.00 0.00 0.00 0.00 270.44 sq yda -Additional Millings 270.44 27144 SY 7.85 - 2068.86 270.44 2068.86 0.00 270.44 2068.86 1.00 0.00 0.00 0.00 3933 ag yds - Stabilized Subbase 00 $4.00 3933 SY 4.00 15732.00 3933.00 15732.00 0.00 3933.00 15732.00 1.00 0.00 0.00 0.00 53.34 ag yda - 6' Concrete 00 336.35 sq yde 53.34 SY 36.36 1938.91 53.34 1938.91 0.00 53.34 1938.91 1.00 0.00 0.00 0.00 Sod - 3261 sq yda L% $2.55 ag yda 3281 SY 2.55 8315.55 3261.00 8315.55 0.00 3261.00 8315.55 1.00 0.00 1 0.00 0.00 12 Loads Removed - Hauled to Landfill 1 LS 1 2171.49--- 2171.49 1.00 2171.49 0.00 1.00 2171.49 1.00 0.00 0.00 0.00 12 Loads Hauled Loads Trucking - 15 hours 1 LS 1350.00 1350.00 1.00 1350.00 0.00 1.00 1350.00 1.00 0.00 0.00 0.00 12 Loads Garbage d% 375 1 LS 780.00 780.00 1.00 780.00 0.00 1.00 780.00 1.00 0.00 0.00 0.00 32 Hours Labor- Hand Pick Garbe a I LS 1120.00 1120.00 1.00 1120.00 0.00- 1.00 1120.00 1.00 0.00 0.00 0.00 CO 3 Import Fill 3970 CY 10.00 39700000 3970.00 39700.00 0.00 3970.00 39700.00 1.00 0.00 0.00 0.00 Grade Imported Fill 20070 SY 0.80 18058.00 20070.00 16056.00 0.00 20070.00- -- 16056400 1.00 0.00 0.00 0.00 Sod 20070 SY 2.55 51178.50 19320.00 49266.00 0.00 19320.00 49266.00 0.96 0.00 750.00 1912.50 1 187074.07 0.DO 187674.07 0.00 (187674.07) MILKWALKING TRAIL TOTAL 318,310.171 TOTAL 309,552.12 TOTAL 2,895.001 TOTAL 312,447.12 0.1001 TOTAL (183723.52) AMOUNT COMPLETED TO DATE I S312,447.12 ...a. MATERIALS STORED TO DATEf- L.-JU PAY APPLICATION FINAL 00 A^Y�rmrNRO�M14mNIbeuTVNtlwwtTw"Wm1'Iti�M fYrKM�M.Q}boNMLO00TP�Y MPEUIWr No 0.1 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH I Pilei.':: ••"<.. ��• • .. ..OAIANTITY: f: :'L-:!Ainaunl�J�< "r19WVITITY �: ;.:i.::.Nnewrll_.: f: ::.WANTRY �!: �V!r.AineiwM w'ijr. 'rF.r:jl+� :'i: .BTORPDJi:Li :IrQUANT ITYi.i: SUBTOTAL MATERIALS SCORED AND COMPLEIB TO DATE A 1: RETAINAGE OF WORK COMPLETED AT 011 TOTAL COMPLETED AND STORED LESS RETAINAGI LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTON 2S INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird, County Administrator , FROM: Christopher R. Mora, P.E., Public Works Director Cl�N7 SUBJECT: Lease Extension, 6855 66th Avenue, Vero Beach, FL, 66th Avenue Future 4--laning Project, Owner: Indian River County, Tenant: John A. Jackson, Jr. DATE: February 3, 2016 DESCRIPTION AND CONDITIONS The County purchased the Jackson property in March, 2009 to accommodate the future 4-laning of 66th Avenue. The property consists of 1.75 acres of land and a single family house where Mr. Jackson resides. From March, 2009 to March 2013, the County leased the property to Mr. Jackson for one dollar ($1) per month. When the lease was renewed in 2013, Mr. Jackson agreed to pay fair market value of $800 per month rent for the remainder of the lease He has also provided proof of property/casualty insurance, as required by the original Lease dated March 10, 2009. An estimated lease value for the subject property is $850 to $1,000 per month. Staff has no objection to Mr. Jackson remaining on the property until the roadway is ready for widening provided he continues to maintain the property in good condition, pays all utility and maintenance costs, and agrees to vacate the property within 60 days after advertisement of the bid to widen and improve the section of 66th Avenue near the property. FUNDING None RECOMMENDATION Approve the three (3) year Lease Renewal Agreement as presented, allowing John A. Jackson, Jr. to remain on the premises and the lease to terminate within 60 days after advertisement of bid to widen and improve the section of 66' Avenue near Tenant's property, at $800 per month. The rental amount of $800 shall be due and payable on the 10th day of March, 2016 and the 10th day of every month thereafter ATTACHMENTS Copy of Lease Extension APPROVED AGENDA ITEM 'FOR: March 1, 2016 B Indian River County Approved Date Administration Bud et Legal Public Works °x " ► 4 / 6 Engineering 2-A/l F•\Public Works\Luanne M\Land Acquisition docs\Lease backsUackson Lease Extension BCC 02-03-16.doc 87 LEASE EXTENSION This Agreement for Lease Extension ("Amendment") entered into on the day of March, 2016, by Indian River County, a political subdivision of the State of Florida, 1801 27`h Street, Vero Beach, FL 32960 ("County"), and John A. Jackson, Jr., ("Tenant") whose address is 6855 66`h Avenue, Vero Beach, FL 32967. WITNESSETH The County contracted to purchase Tenant's property on March 10, 2009. The property consists of 1.75 acre and a single family home where the Tenant resides; and WHEREAS, the purchase of the property was in lieu of eminent domain, as the County is planning widening and improvements to 66th Avenue; and WHEREAS, the tenant agrees that the fair market rental value of the Leased Premises is $800.00 per month. The current lease expires on March 31, 2016; and WHEREAS, the Tenant has requested an extension to the lease and the County is not planning to begin road construction of the 66`h Avenue Project within the next 36 months; and WHEREAS, the County has no objection to extending its lease with Tenant, with the lease extension to expire on March 31, 2019 or 60 days after advertisement of the bid to construct this section of 66th Avenue, whichever occurs earlier; and NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Tenant agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. Paragraph 1 of the certain Lease dated March 10, 2009 is hereby amended to terminate on March 31, 2019 or 60 days after advertisement of the bid to construct this section of 66th Avenue, whichever occurs earlier. Except as amended herein, the terms and conditions of the Lease shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Lease, the terms of this Amendment shall control. F:\Public Works\Luanne M\Land Acquisition docs\Lease backs\Jackson LEASE EXTENSION agrmt 03-10- gg 16.doc IN WITNESS WHEREOF, this Lease Extension is executed by the authorized representatives of the parties, as of the day and year first above written. John A. Jackson, Jr. I �r'- C� WITNESS: V " lop A pro ed to f le u iency �IJIIAJI 4. Ao , fJ William K DeBraal oseph Baird, County Administrator BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by the BCC: ATTEST: Jeffrey R. Smith, Clerk of Court and comptroller Deputy Clerk of Court Deputy County Attorney F\Public Works\Luanne M\Land Acquisition docs\Lease backsUackson LEASE EXTENSION agrmt 03-10- g9 16.doc 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director OV11— FROM: Richard B. Szpyrka, P. E., Assistant Public Works Director (4� SUBJECT: Amendment No. 3 to Indian River County South County Regional Park Intergenerational Recreation Facility Professional Civil Engineering and Architectural Services Consultant Agreement DATE: February 16, 2016 DESCRIPTION AND CONDITIONS a K On March 20, 2012, the Board of County Commissioners approved a Professional Civil Engineering and Architectural Services Consultant Agreement with Borelli + Partners, Inc. to provide design, survey and cost estimating services for a two phase, 40,000 sq. ft. (approximate) Intergenerational Recreation Facility at the South County Regional Park for the amount of $613,232.03. Two amendments have been approved by the Board of County Commissioners bringing the total agreement cost to $859,015.03. The Senior Resource Association has requested the Go -Line bus transfer point, currently at the Winn-Dixie Shopping Center, be relocated to the Intergenerational Recreation Facility parking lot. In order to accommodate this request, Borrelli + Partners, Inc. has submitted a proposal for the additional services necessary (survey, civil engineering, landscape and irrigation modifications) in the lump sum amount of $5,610.00. FUNDING Funding for Amendment No. 3 to the Intergenerational Recreational Facility at South County Park is available from Optional Sales Tax Fund/Parks & Recreation, Account No. 31521072-066510- 03028 –South County Park Intergenerational Recreation Facility. F\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\BCC Agenda Amendment No. 3 2-16-2016.doc 90 PAGE TWO Amendment No.3 Borrelli + Partner, Inc. For March 1, 2016 BCC Meeting RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 3 in the lump sum amount of $5,610.00 with Borrelli & Partners, Inc. and authorize the Chairman to execute the agreement. ATTACHMENTS 1. Amendment No. 3 2. Proposal from Borrelli + Partners, Inc. dated February 9, 2016 DISTRIBUTION Borrelli + Partners, Inc. APPROVED AGENDA ITEM FOR March 1. 2016 BY , 4- (&Vl� Indian River County Apprqued Date Administration /_ :;I, pZi Budget 24 l� Legal Public Works Engineering F-Tublic Works\ENGINEERING DIVISION PROJECTSU 135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\BCC Agenda Amendment No. 3 2-16-2016.doc 91 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX. (772)-778-9391 INDIAN RIVER COUNTY SOUTH COUNTY REGIONAL PARK INTERGENERATIONAL RECREATION FACILITY IRC Project No. 1135 AMENDMENT NO.3 to CONSULTANT AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES WITH BORRELLI + PARTNERS, INC. This is an amendment to the existing CONSULTANT AGREEMENT between BORRELLI + PARTNERS, INC. (CONSULTANT) and INDIAN RIVER COUNTY (COUNTY) for Professional Civil Engineering and Architectural Services. All provisions of the CONSULTANT AGREEMENT shall remain in full force and effect, unless otherwise specifically modified. This amendment addresses changes in "SCOPE OF SERVICES" and "COMPENSATION" of CONSULTANT AGREEMENT as follows: SCOPE OF SERVICES Additional services for land surveying, civil engineering, landscape and irrigation modifications to relocate the Go -Line bus transfer point. COMPENSATION The section of CONSULTANT AGREEMENT entitled COMPENSATION shall be revised to include the additional fees: Borrelli + Partners, Inc. Fee: $1,200.00 Masteller & Moler, Inc. Fee: $3,910.00 NTE Reimbursable Expenses 500.00 Total Additional Services for Amendment No. 3 [Remainder of page left intentionally blank. Next page is signature page.] FAPublic WoAs\ENGINEERING DIVISION PROJECTS\I 135-S County PaA Interg—ratiional Rec Faci14y\.4dtnirntavcnda itennslAmendrnant No 3 Ro"elli R Partners 3-1- 2016 doc 92 PAGE TWO AMENDMENT NO. 3 to CONSULTANT AGREEMENT (BORRELLI + PARTNERS, INC.) FOR MARCH 1, 2016 BCC MEETING IN WITNESS HEREOF the parties hereto have executed these presents this 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BORRELLI & PARTNERS, INC. n Jorge A. rrelli, President Witnessed by: " r -,- Deputy Clerk (Printed name) Approved as to Form and Legal Sufficiency: Dylan Reingold, County Attorney 0'4,QAnu� Jose A. Baird, County Administrator day of F Tublic WorkstENGINEERING DIVISION PROJECTS\t 135-S County Park Intergencratiional Rec Facility\Admimagenda items\Amendment No 3 Borrelli B Partners 3-1- 2016 doc A' CID BORRELLi + PARTNERS ♦PCNITEC—PE PLANNING LANDSCAPE INTEPIOPS February 91h, 2016 Richard B. Szpyrka, P.E. Assistant Public Works Director Indian River County 1801 27th Street Vero Beach, FL 32960 Email: rszpyrkapirc ov.com RE: IRC Intergenerational Recreation Center Additional Services for Land Surveying, Civil Engineering, Landscape and Irrigation Modifications Dear Mr. Szpyrka: Borrelli + Partners, Inc. are pleased to provide this proposal for additional services pursuant to your request for additional design services to the IRC Intergenerational Recreation Center (Rec Center) site. Pursuant to Indian River County's request, the design of the Rec Center parking lot will be modified to accommodate a "Go -Line" bus transfer point. The modifications shall be as depicted by the sketch plan provided by Mr. Szpyrka and attached to Masteller & Moler, Inc.'s proposal. In order to incorporate this change into the Construction Plans, we propose to perform the following scope of services noted below as well as the scope of services noted in the attached proposal from Masteller & Moler, Inc., who will be performing the Land Surveying and Civil Engineering portion of this project. B+P Scope of Services: B+P shall revise existing construction documents to illustrate the modifications to the parking lot as depicted in the aforementioned sketch and re -design the related landscape and irrigation elements of the project. We anticipate the revisions will affect the following sheets: • Landscape Planting Plan • Irrigation Plan We will expedite the performance of this additional service request in an effort to help minimize construction delays. As part of this additional service, B+P will apply for formal approval through the following permit processes: • IRC Administrative Approval • IRC Site Plan Approval tel. 407 418.1338 .. fox 407 418.1342 720 Vassar Street, Orlando, Florida 32804 web borrelliarchitects.com anC 000711 94 Richard B. Szpyrka, P.E. February 9th, 2016 Page 2 We propose to perform these services for a lump sum fee as follows: Borrelli + Partners, Inc. Fee: $ 1,200.00 Masteller & Moler, Inc. Fee: $3,910.00 Sub -Total Lump Sum Fee: $5,110.00 NTE Reimbursable Expenses: $ 500.00 Grand Total Fee: $5,610.00 NOT INCLUDED IN SCOPE OF SERVICES: The following services are not included within our scope of services and fee proposal: A. Geotechnical Engineering services. B. Environmental Consulting Services. C. Traffic Engineering / Studies. D. LEED Services / Commissioning. E. Public Presentations. F. Permit Review Fees. G. Submission printing beyond what is noted in not -to -exceed reimbursable expenses If you have any questions or if 1 can provide any additional clarification regarding our proposal, please feel free to contact me at your convenience. Please notify us if this proposal meets with your approval. We look forward to our continued working relationship with you on this very exciting project. Sincerely, Jorge A. Borrelli, ASIA, LEED AP BD+C, CPTED President Borrelli + Partners, Inc. Architects Planners 95 M ) MASTELLER & MOLER, INC. M1 — CIVIL ENGINEERS January 29, 2016 Mr. Jorge Borrelli, ASLA, LEEDO AP BD+C; President Borrelli + Partners 720 Vassar Street Orlando, Florida 32804 RE: IRC Intergenerational Recreation Center Land Surveying & Civil Engineering Services — Addendum #1 Indian River County, Florida Our File # 1163LG Dear Jorge: Masteller & Moler, Inc. is pleased to provide this Addendum #1 for additional design services related to the IRC Intergenerational Recreation Center (Rec Center) site. This proposal is an addendum to our May 15, 2012 contract. All conditions of that original contract shall apply. At the request of Indian River County, the design of the Rec Center parking lot will be modified to accommodate a "Go -Line" bus transfer point. The modifications shall be as depicted by the sketch plan provided by Rich Szpyrka, IRC Assistant Public Works Director. The sketch is attached to this proposal as reference. In order to incorporate this change into the Construction Plans, we propose to perform the following scope of services: Scope of Services We shall revise the Construction Plans to illustrate the modifications to the parking lot as depicted in the sketch plan and re -design the related site civil elements of the project. We anticipate the revision will affect the following sheets: - Site Plan; - Paving & Grading Plan; and the - Cross -Sections Plan ' We will expedite the performance of our services to minimize construction delays. As part of this addendum, we shall apply for formal approval through the following permit processes: - IRC Administrative Approval; and - SJRWMD SWERP Minor Modification. We propose to perform these services for the lump sum fee of $ 3,910.00. Note: Permit Application fees are the responsibility of Indian River County and not included in our fee. 1655 27"' Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 mastmolr@bellsouth.net 011 Mr. Jorge Borrelli, President 1292016 Page 2 of 2 We thank you for the opportunity to offer the services of our firm and look forward to working with you. Sincerely yours, MA LER & MOLER, INC. By Stephen E. Moler, P.E. Its Vice President AUTHORIZATION TO PROCEED If these conditions and this proposal meet with your approval, please sign and return one (1) copy of this letter as our formal Authorization to Proceed. This project if authorized will be performed with due diligence, subject to acts of God, etc. beyond our control. Date Borrelli + Partners. Inc. Company Name 720 Vassar Street Orlando, FL 32804 Billing Address SEWcab File #1163 (1163_contract_16-0129.doc) Signature By Jorge A. Borrelli, ASLA, LEED APO BD+C Its President M 97 U OR ITURE -'LAW "ILITY ZOAD ENT-& 7-7 � 2 pl, FIRE ?ANT \ �7777_ OR Y RETENTION ETENTION rl POND FA LIT) 00 PATIO Pplopo3cp FU URE RECREATION PH SE 2 OUILOINC BU DING FOO PRINT (NOT I CLUDED 121 A' me tPLANTUR \ �7777_ OR Y RETENTION ETENTION rl POND FA 10, 116 60 1. F16 _�_ _ I_J_ : . J T in I-] t --11- -j II�l '16 16 L 0 SPACES '1616 HJ - I CATE I molPAPMFIIN,qhqh4.. � M�ffio��04 4' -HIGH 0 Pre 00 10, 116 60 1. F16 _�_ _ I_J_ : . J T in I-] t --11- -j II�l '16 16 L 0 SPACES '1616 HJ - I CATE I molPAPMFIIN,qhqh4.. � M�ffio��04 4' -HIGH 0 Pre CONSENT AGENDA INDIAN RIVER COUNTY 51L_ OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 23, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Extension to Agreements for Custodial Services BACKGROUND: On February 10, 2015, the Board of County Commissioners awarded RFP 2015014 for Custodial Services to the four highest -ranked firms for each grouping of County facilities. On June 23, 2015 the award for Group 3 (43rd Avenue Complex) was terminated for failure to comply with the terms of the agreement, and the award made to the second highest -ranked firm for that group. The awards were for one year with options for two one-year renewals. Facilities Management has been satisfied with the services provided by each of the four firms and has requested execution of the first extension of each agreement. Pricing will remain as originally awarded, with the exception of one change order approved for Group 2. __.: •X .. ..; 7- -3V �Qi..i ?f_T Grou Baa` _': Y4�3•M �•T .yy'.4. y3. Firms u `.'? ry-"2�x4',L. =Lr _ tionti ��._=ci Annual PrieeY° ° `i w.� � _ ; y �� Group 1: Judicial K's Commercial Cleaning Port St. Lucie $203,448.96 Complex Group 2: Administrative CER Signature Cleaning Vero Beach $192,120.001 Complex Group 3: 43rd Avenue Tribond, LLC 2 Mableton, GA $98,009.28 Complex Group 4: North County Marsden Services Miramar $27,262.32 Facilities 'Change order for $60 per month approved by County Administrator on April 2, 2015 to add services omitted in RFP. 2Original award terminated and granted to second highest ranked contractor on June 23, 2015. SOURCE OF FUNDS: Funding for Custodial Services is included in the Facilities Management Budget in account 00122019-033490 (other contractual services). Funding for Traffic Engineering is budgeted in account 11124541-034610 (building maintenance), funding for the Main Library is budgeted in 99 CONSENT AGENDA account 00110970-033490, and funding for the North County Library is budgeted in account 00110971-033490. These departments are all included in the General Fund, which is supported primarily by Ad Valorem Taxes in addition to various other revenue sources (Half -Cent Sales Tax, State Shared Revenues, etc.). RECOMMENDATION: Staff requests the Board of County Commissioners approve of the attached First Extensions to the Agreement and authorize the Chairman to execute it after the County Attorney has approved it for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. ATTACHMENTS: First Extension — CER Signature Cleaning First Extension — K's Commercial Cleaning First Extension — Marsden Services First Extension—Tribond, LLC APPROVED AGENDA ITEM BY: oseph/A.'Baird, County Administrator March 1, 2016 100 FIRWIL M-1 ENI ■r�,ii� 100 FIRST EXTENSION TO AGREEMENT FOR CUSTODIAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Agreement to provide custodial services is entered into effective as of 2016 by and between Indian River County, a political subdivision of the State of Florida ("County") and CER Signature Cleaning ("Contractor"). BACKGROUND RECITALS A. Effective February 10, 2015, the County and the Contractor entered into an Agreement for Custodial Services. B. On April 2, 2015, the County Administrator authorized a change order to the Agreement for Washing, cleaning and drying drinking glasses, pitchers and cups following weekly BCC Meetings, increasing the total contract amount by $60 per month. C. Article 4 of the Agreement contains the term and renewal provisions. D. The first term commenced effective as of February 10, 2015 and ended on February 9, 2016. E. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Auctioneer agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective as of February 10, 2016 and shall end on February 9, 2017; one additional renewal term is available beyond this first renewal. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. CER Signature Cleaning By. (Authorized Signature) INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: (Corporate Seal) a� Date �- 'Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk 101 FIRST EXTENSION TO AGREEMENT FOR CUSTODIAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Agreement to provide custodial services is entered into effective as of 2016 by and between Indian River County, a political subdivision of the State of Florida ("County") and K's Commercial Cleaning ("Contractor"). BACKGROUND RECITALS A. Effective March 3, 2015, the County and the Contractor entered into an Agreement for Custodial Services. B. Article 4 of the Agreement contains the term and renewal provisions. C. The first term commenced effective as of March 3, 2015 and ends on March 2, 2016. D. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Auctioneer agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective as of March 3, 2016 and shall end on March 2, 2017; one additional renewal term is available beyond this first renewal. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. K's Commercial Cleaning INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By By: (Authorized Signature) Bob Solari, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: (Corporate Seal) §fj" OC Date Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk 102 FIRST EXTENSION TO AGREEMENT FOR CUSTODIAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Agreement to provide custodial services is entered into effective as of '2016 by and between Indian River County, a political subdivision of the State of Florida ("County") and Marsden Services ("Contractor"). BACKGROUND RECITALS A. Effective February 10, 2015, the County and the Contractor entered into an Agreement for Custodial Services. B. Article 4 of the Agreement contains the term and renewal provisions. C. The first term commenced effective as of February 10, 2015 and ended on February 9, 2016. D. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Auctioneer agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective as of February 10, 2016 and shall end on February 9, 2017; one additional renewal term is available beyond this first renewal. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. Marsden Services INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By By: (Authorized Signature) Bob Solari, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: (Corporate Seal) 019 Date Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk 103 FIRST EXTENSION TO AGREEMENT FOR CUSTODIAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Agreement to provide custodial services is entered into effective as of 2016 by and between Indian River County, a political subdivision of the State of Florida ("County") and Tribond, LLC ("Contractor"). BACKGROUND RECITALS A. Effective June 23, 2015, the County and the Contractor entered into an Agreement for Custodial Services. B. Article 4 of the Agreement contains the term and renewal provisions. C. The first term commenced effective as of June 23, 2015 and ended on February 22, 2016. D. Pursuant to the Agreement, the parties desire to again renew the Agreement by this Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Auctioneer agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective as of February 22, 2016 and shall end on February 23, 2017; one additional renewal term is available beyond this first renewal. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. Tribond, LLC INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By By: (Authorized Signature) Bob Solari, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: (Corporate Seal) Date Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk 104 Consent 2A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, Administrator t THROUGH: John King, Director Department of Emer 4 cy ices FROM: Brian S. Burkeen, Assistant Chief Department of Emergency Services DATE: February 15, 2016. SUBJECT: Approval of Renewal for a Class "E" and Class `B" Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a All County Ambulance to Provide Wheelchair/Stretcher and Interfacility Ambulance Transportation Services. On December 3, 2013, the Indian River County Board of County Commissioners approved a Class "E" and Class `B" Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a All County Ambulance to provide wheelchair/stretcher and interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire March 13, 2016. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. An application for the renewal of the Class "E" and Class "B" Certificate of Public Convenience and Necessity has been submitted by Falck Southeast II, Corp d/b/a All County Ambulance. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the ItI Class "E" and Class `B" Certificate of Public Convenience and Necessity for Falck Southeast H, Corp d/b/a All County Ambulance, to be effective for a period of two (2) years from March 13, 2016, to March 13, 2018. ATTACHMENTS: Renewal Application from Falck Southeast H, Corp d/b/a All County Ambulance APPROVED FOR AGENDA FOR: March 1, 2016 B QCJI� Jo eph A. Baird County Administrator 106 • - C1 106 ATM�r INDIAN RIVER COUNTY QvQPs-� F,9 DEPARTMENT OF EMERGENCY SERVICES CD APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Falck Southeast II Corp d/b/a All County Ambulance DATE: February 1, 2016 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. 19 This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B 04 /BLS ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E 1% / Wheelchair / Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. C:\Users%4sa1vesen\Des1dop\1RFD COPCN 2016\ACA IR COPCN 2016.doc 1 107 II. COMPANY DETAILS 1. NAME OF AGENCY: Falck Southeast II Corp d/b/a All County Ambulance MAILING ADDRESS: 4227 St. Lucie Blvd CITY Ft. Pierce COUNTY St. Lucie, FI ZIP CODE: 34946 BUSINESS PHONE: 772-465-1111 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): 3. MANAGER'S NAME: Michael DeSouza ADDRESS: 4227 St. Lucie Blvd, Ft. Pierce, F134946 PHONE #: 772-465-1111 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Robert F. Heffner 6605 NW 74h Ave Miami, FI 33166 President 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # Edwin Rojas 901 37"' Street Vero Beach, FI 32960 772-567-2552 John Skalko 1000 37th Street Vero Beach, FI 32960 772- 5674311 Will Tarbet 1310 37th Street Vero Beach, FI 32960 772-569-5107 C:1Usersysa1vesen\DesktopURFD COPCN 2016WCA IR COPCN 2016.doc 1) 108 6. FUNDING SOURCE: Private 7. RATE SCHEDULE ATTACHED? YES �( NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: Main Office 4227 St. Lucie Blvd Ft. Pierce, FI 34946 Indian River Medical Center 1000 37"' Street Vero Beach, FI 32960 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: See Attached 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) See Attached 4. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION Statewide Med 8 Statewide Med 8 Holmes Regional Medical Center Lawnwood Regional Medical Cantpr Indian River Medical Center Sebastian River Medical CAUsersWalvesen\DesktopURFD COPCN 20161ACA IR COPCN 2016.doc Z 109 9. Fee Schedule Ind: Service Type, Base Rate, Mileage, Waiting & Special Charges See Attached V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS I, Michael De Souza 2 the representative of Applicant Name All County Ambulance do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and'Wheelchair Services. A -D APPLICANTS I, Michael De Souza , the representative of Applicant Name All County Ambulance , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on thisapplicationare true and correct. j4t�oc_ 2103116 APPLICANTAWNATURE DATE Before me personally appeared the said IMS 0fteA -De-S,-0ZC- who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of 2016. ` 4 &,&Qto My commission expires: Q I X11 NOTARY PUBLIC SHARI L BROWN NOTARY PUBLIC STATE OF FLORIDA C:1Usen;ysalvesen\DesldopURFD COPCN 2016WCA IR COPCN 2016.doc Com FF161137 4)E)(pires 9/18/2018 110 FALCUSA-01 CHOUDHARIAV ACRD CERTIFICATE OF LIABILITY INSURANCE DAT D/YYY1� 1 / /20/220/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Seattle, Inc. C/o 26 Century Blvd P.O. Box 305191 NAME CT Willis Towers Watson Certificate Center PHONE (877 945-7378 FAX r AIC No EI: ) AIC No):1888 467'2378 E'MAILss: certificates@willis.com Nashville, TN 37230-5191 10/01/2015 10/01/2016 INSURER S) AFFORDING COVERAGE NAIC 0 INSURER Coverys Specialty Insurance Company 16686 MED EXP (Any one person) $ 5,00 INSURED INSURER Steadfast Insurance Company 26387 INSURER C: Feick Southeast II, Corp. d/b/a All County Ambulance INSURER D: 4227 St. Lucie Blvd Fort Pierce, FL 34946 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IN POLICY NUMBER MM UCDY EFF MM/IDD EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR X Products -Claims Made 5-10013 10/01/2015 10/01/2016 EACH OCCURRENCE S 1,000,000. I TO 13 pREMISEs Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ Include GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO-' JECT F—]LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COM PIOP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS FNON-OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY I DAMAGE $ Pera.Z S B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE LIMB 6414770-02 10/01/2015 10/01/2016 EACH OCCURRENCE $ 15,000,00 AGGREGATE $ 15,000,00 DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PEROTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Indian River County Fire Department 422543rd Avenue SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r �ltili U 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 111 All County Ambulance Vehicle Information 2016 American Unit # Year Make Model VIN # Current Tag Capacity 72 2009 Cheyy 3500 I 1GBHG396281111912 MU17T Ambulance Unit # Year Make Model VIN # Current Tag Capacity 20 2007 Ford E350 1FDSS34P97DA60823 MIK-96S Ambulance 204 2007 Ford E350 1FDSS34P57DA60821 MIK-97S Ambulance 215 2007 Ford E350 1FDSS34P07DA60824 MIK-OOT Ambulance 216 2008 Ford E350 1FDWE35P38DA84334 MIK-01T Ambulance 217 2008 Ford E350 1FDWE35P18DA83473 MIK-02T Ambulance 218 2009 Chev. 3500 1GBHG396091179868 MU -45F Ambulance 219 2009 Chev. 35W 1GBHG396791182489 MIK-28P Ambulance 220 2009 Chev. 3500 1GBHG396591182734 MIJ-27P Ambulance 221 2013 Ford E350 1FDWE3FS6DDA22679 MIK-28H Ambulance 222 2008 Ford E350 1FDSS34P98DB47736 MIK62H Ambulance 223 2009 Ford E350 1FDSS34P59DA22735 MIK65H Ambulance 224 2014 Ford E350 1FDSS3EL6EDA82707 MIK71H Ambulance 225 2014 Ford E350 1FDSS3EL7EDB15147 MIL62R Ambulance 226 2014 Ford E350 1FDSS3EL1EDB15144 MIL61R Ambulance All County Non-Medical/Wheelchair 602 2004 Ford E250 1FTNS24L34HA08388 BIQ-J55 Non -Medical 604 2005 Ford E250 1FTNE24W25HA70089 BIQ-J60 WheelChair 609 2003 Ford E250 1FTNE24243HA86367 BIQ-J57 WheelChair 612 2013 Ford E250 1FTNSlEWODDA22694 BVA-Q33 Non -Medical 614 2008 Ford E250 1FTNE14W88DA92216 CUT -N07 Non -Medical 615 2013 Ford E250 1FTNS2EWXDDB26549 CFT U08 Non -Medical American I Non-Medical/Wheelchair 610 1 2004 1 Ford I E250 I 1FTNS241.14HA08390 I MU -27M I Non -Medical 112 All County Ambulance Published Rates 2015 Ambulance Base Rate Mileage Rural Mileage Waiting Time Per 1/2 Hr ALS IR Rural $505.00 ALS Non -E Rural $470.00 AIS Non -E $455.00 ALS -2 $690.00 BLS IR Rural $386.00 BLS Non -E Rural $257.50 Mileage $9.55 Mileage Rural $12.75 SCT $927.00 Waiting Time First 30 min $30.00 Free Wheelchair/ Stretcher Non -Medical Stretcher $100.00 $4.50 Wheelchair Service $70.00 $3.50 "The rates listed above are one way transports 113 / \ /`~c"q ' All Certifications On Record in Cost Center 4000 Gilt'hriit — da'| -J- Dhv Johnson, Jarvis ] Drivers License J525-430-94-177-0 5/17/2021 Ka|isi i ` i}h / . ,t_�L'j Labranche, Abdias Drivers License L165-000-84-465-0 12/25/I018 114 All Drivers License Certifications On Record in Cost Center 2000 Baldwin, Christopher Drivers License B43511397066-0 2/26/2021 Brown, Jeffery L Drivers License 8650432703350 9/15/2017 Bruno, Harrison -Drivers License B650338933050 -8/25/2023 Caisse, Zachary A Drivers License C200981944610 12/21/2018 Chilcott, Gregory Drivers License 0423=298;93-466=0 12%26/2018 Cianne, Junior Drivers License C500425944460 1/22/2016 Cohen, Phoebe Drivers License 0500672'815530 2' 13/2021 /_.. Collins, Dillon H Drivers License C452168930310 1/31/2022 Collins, Kevin T Drivers Licerise C45251893`139Q:' '4%19/2023 Cornett, Heidi M Drivers License C653333836830 5/23/2021 Davis, Harold R Drive-fs-bcense D:120356852930 . ': =;_8%13%2021 DeFriest, Michael J Drivers License D162550924280 11/28/2022 DeGrazia, Daniel Driversticense' D262`--" -9,1°1°88=0' ;5%28%2021 Dietz, William E Drivers License D320925914050 11/5/2021 Donohue, Kayla Drivers License 135065139499220 1`1/22/2018 Doughty, Bryce Drivers License D230061913030 8/23/2022 Euell, Trisha L Drivers License E400-812-75=68971 5/29/2018 Farrell, Michael D Drivers License F640544832440 7/4/2017 Fiorini, Renzo Drivers License F650420=83-1081 •3/28%2020 French, Jeremy Drivers License F652435910860 3/6/2021 Fuller, April Drivers License F460012825480 2/8/2019 Garcia, Joseph N Drivers License G620-494-92-325-0 9/5/2022 Gobler, Brooks Drivers License 6146=078=95=044-0 - 2%4/2018 Gonzalez, Manace Drivers License G524550883500 9/30/2018 Hernandez, Roberto Drivers License H65572, 95'4500` '1,2•/10%2019 Hodge, Austin Drivers License H320012921370 4/17/2018 Horton, Mariana Drivers License H635552917080. .,!6/8/2-023 Johnson, Michelle A Drivers License J525-541-88-869-0 10/9/2018 Karpinski, Dodge Drivers License K615:176-94°-343-0 9/23%2018 Kraft, Matthew Drivers License K613-541-94-031-0 1/31/2023 Labigaq'g' j, &emy;6 Drivers_License ,84 097=0 X3%1.7%2019 Ledingham, Sean Drivers License .L112S�`422 L352798931260 4/6/2017 LiTr ven e;�Mafthew DrNer"s�' License: Ll'65r;543 5-29}1'-;0:;_ 1 8/11%2 1 9 Longshaw, Omar E Drivers License L520-645-77-222-0 6/22/2022 Machesko,Iosepfi ;.'•. .. 'moi D"r verslpicense_ ' °.M220-492;93 4175=0 ..,_5%15/2017 Macias, Anthony Drivers License M224-005-95-466-0 12/24/2020 Mangola, Jacob; FTO Dri 2 Mcglothlin, Lance Drivers License M243530882240 6/24/2018 Miller,'Kafherine A Dri% vers license 0T Ry fv14605019285QD' . ' " X9/--3 . 22 Moynihan, Lindsey Drivers License M550534847420 7/2/2020 Myers, Kyle Drivers license M'62051`6$51860 5/26/2019 Nielsen, Alex J Drivers License M620283880630 2/23/2020 115 Ortiz, Jacob Drivers License 6632-432-93-135-0 4%15/2017 Patterson, Lavorrous Drivers License P362536862950 8/15/2016 Phillips, Vincent Drivers License P412-878=86-377-0 10%17/2017 Ponders, Edward Drivers License P536227922610 7/21/2021 Robidoux, Drew Drivers License R132-164=94=330-0 9/16/2018 Sewell, Karen Drivers License 5400-513-95-826-0 9/6/2019 Smith, Ashton C Drivers License 5530003951390 4/19/2020 Sturtevant, Marc Drivers License 5363-541-94-052-0 2/12/2016 Taylor, Josh Drivers License T460=435-81-144 4/24/2017 Troska, Hunter A Drivers License T620321933760 10/16/2016 VanOverbeke, James J Drivers License V516456854"426- ,12%2/2022 VanSandt, David, FTO J Drivers License V525170883880 10/28/2019 Wardle, John L Drivers :License W63;4`47295=1696. Zuniga, Christopher A Drivers License Z520101860810 3/1/2021 116 All Drivers License Certifications On Record in Cost Center 2500 Ahmad -Khan, Robert, FTC) Drivers License A532777732210 6/21/2022 Almanza, Linda Drivers License A455527809640 12/24/2020 Alvarez, Jason Drivers License A41'6420773100 8/30/2018 Avers, Andrew A Drivers License A162001652620 7/22/2017 Bacelo, Michael, FTO Drivers License B240-540-80-126-0 4/6/2023 Bernier, Edgar Drivers License B656210782080 6/8/2019 Bonavolta, Robert Drivers License B514763590590 2/19/2018 Bottoms, Erik 0 Drivers License B352214794420 12/2/2017 Burns, Joshua Driverslicense 6652421883460 9/26/2018 Chiriboga, Sebastian A Drivers License C612781880970 3/17/2018 Crespi, Alexander J Drivers License P. C621010943790 10/19/2018 Doyle, Christopher W Drivers License D400119880630 2/23/2019 Fersch;.K'_: ayla ;Drivers . icense - z....._� '?F;62Q 501`9.1 882`'0 Q%22%202T Gluck, Jonathan M Drivers License G420433800060 1/6/2021 Grivas;.Kristina- _ 'r ;en> i rive s License: z;• ��_�: .,� -�� ; 'G61250 Y� �• _,0835030` __.. r %3%2'02-3 Habib, Joseph, FTO Drivers License H110482792411 7/1/2021 Haggerty, Patrick Drivers:'Liceiise H263'679$42970 ', 8%17/20_8 Hanson, Edward Drivers License H525220711400 4/20/2019 Henderson, MarioIMVerskicense H5365S17843`00. ' :11i/30/201'8 Higgs, Julie M Drivers License H2O0-433-91-628-0 4/8/2021 Holden, Victoria DriVers'Licen'se W435=872=9=1=875,'0Z 10/15/2`021 Hord, Denise W Drivers License H630179598250 9/5/2017 Hunter; Christopher Drivers License H536=113-8$=043=0 ' 2/3/2018 Keller, Andrea Drivers License K460016797260 6/26/2022 Ledbetter, -Amanda Drive rs'Licehse 1_313011909010 11/1/2020 Lucy, Ryan D Drivers License L200724831630 5/3/2017 Mace, John Drivers License M2004768- (i 2/24/2020 Marton, Chris Drivers License M635-113-83-470-0 12/30/2019 Masters, Daniel Drivers License M235170903260 9%6/2020 McCorkle, James Drivers License M262-465-88-027-0 1/27/2018 Myers, Andrew Drivers License M620013900270 1/27/2020 Neisius, Sarah Drivers License N220781737451 7/5/2021 Parrish, Kristopher, FTO Drivers License P620512.874250, 11%25/2017 Phillips, Lorne Drivers License P412530898640 10/4/2021 Reid, Sheila .Drivers License R30.0=X785-78=508-0 , ; ; ,1%8/2021 Reinhard, Rochelle Drivers License R563730666860 5/26/2017 Reuther, M:atthew; ,. �D'rvers;License=; ..4 ,.....'...,;.,.. ,r .835055'6900:170` ._r., =1%17%2020 Selph, Tanner Drivers License S410815932960 8/16/2023 Shade• Jererr iah B 2- .3 > Skinner, John Drivers License S560464863050 8/25/2022 Snead 'las;;;�gr, p. D.�iver. 'L <` s icense:.= X5530-438.86:- 4 ;fir 2/6%2019; Strandell, Heather L Drivers License _" �0v6=0fA' S365332886110 3/31/2016 117 Suba,Gabhe| Tipp|ms,Eric ] Virgin, Spencer Vlsser,Tieerd Weatherly, Michael G Young, Alberto Qhven/U "^e ^2—�� ' -,' . ~,'.' ` Drivers License T152210714270 Drivers License Y520'010-82'139'0 Drivers License V260800661740 Drivers License W364 -547 -ib -1-89-0 Drivers License Y520'010-82'139'0 11/J7/JO18 ''7>�/2 1' S/14/ZO1O 5/Zg/ZOl9 4/l9/ZU1O 118 All EMT Certifications On Record Almania, Linda 25OO.EMT ' rEMT529967'°_�1r2%1';2016 _ Alvarez, Jason 2500 EMT t. . 530016 12/1/2016 Brown-, Jeffery L 2000'`EMT ENIT_74531: ' 12= 1 2016 Bruno, Harrison 2000 EMT 550970 12/1/2016 Burns, --Joshua 2500 -EMT EMT 537372 412/1%2016 Caisse, Zachary A 2000 EMT 5491125 12/1/2016 Chilcoft, Gregory 2000: EMT 549699- =i2r/1/2016 Chiriboga, Sebastian A 2500 EMT 523032 12/1/2016 Cianne, Junior 2000 EMT 548570 12/1/2016 Cohen, Phoebe 2000 EMT 541611 12/1/2016 Collins; Dillon H 2000 EMT 546865 12/1/2016 Collins, Kevin T 2000 EMT 547079 12/1/2016 Cornett, Heidi'M 2Q00, -EMT 5499'22. 12/1/2016 Crespi, Alexander J 2500 EMT 543937 12/1/2016 Dav'is,'?Harold R. •n':x �,,,�*. _200Q'"EMT :. .. _:tea. "» r,-,_�-..�.: - rK` <,; ''_�°i--54943V- iD2•`%1%2016' ;.:.:. , .....: . DeFriest, Michael J 2000 EMT 545730 12/1/2016 DeGraziaDanel ; , _, s• -~ �� ` _ :. �..,, -`.- �riy 2000y EN1T:: r; a:: u �• 54895T_.,12/41_/2of _.._, .._ : _..- Dennis, John 3000 EMT EMT 88757 12/1/2016 bieti; . r3:12/=1/2016= + Donohue, Kayla 2000 EMT 549406 12/1/2016 . Doughty'. Bry. ce; _;� - - :.i7% - :4 ;=,,��¢.y,,12000 EMTj- R EMT 5.368y11�2r�1� 20,L6� nr ....si ...KS=";•.F�.-u-'...:rt.fl x.xa .v..saat.w¢'7 Doyle, Christopher W 2500 EMT 527099 12/1/2016 Eiell -Tri h- ,,R•' :,s ��:.::�..,•. :r.': a'= 5 �EfvIT 539,OY8= v s 015 Farrell, Michael D 2000EMT 549002 12/1/2016 y ; 2500�5EfVIT 6�K:'w.-:-]-'.:�. ': ,, . -,.. d , ..`:. , _„ a ? X539828 = 12%1/20'1'6 : Fiorini, Renzo 2000 EMT EMT 539204 12/1/2016 French.: -J- rhy ::, :2 '. 0..., 4 000.:=EMT - , i;E(vI:T;=535619, '3�2 1 2016 .; Fuller, April 2000 EMT EMT 5291.78 12/1/2016 Jose hi N Garcia; p. �. 2000; EMT - 5.43;858 °::.:_/._�. r�-y 12 1] 201`6: Gonzalez, Manace 2000 EMT :_.. .. EMT 531605 12/1/2016 Habib•Joseph, FTO 2-500'EMT _ ;:3Q1778- 12/1%2016 _ 01, Haggerty, Patrick 2500 EMT 532805 12/1/2016 Hanson, Edward 25`0-6' 'E = 5T592'8 12/1/2016 Henderson, Mario 2500 EMT 518114 12/1/2016 Hernandez, Roberto 2000':EIVIT ?„ 549720 12%1/2016 Higgs, Julie M 2500 EMT EMT 534073 12/1/2016 Hodge, Austin 2000-;EIv1T .. -"� ..551168 12/1%2016 Holden, Victoria 168 EMT 541621 12/1/2016 .}- -. - _ Ho rton.IVlariana, ._ ... ... ..F-`k::rt. 2000;=ENI,T •' .•_.'S:IICeibxjR Azc 3it•,. Fc-.. ':;5"465°10;;=12.1 2016 Johnson, Michelle A 2000 EMT 542652 12/1/2016 Karpinski Dodge' .d: - ;�,. ..rya,.. a3'-:. - .54=F.'•. -• �.:. �+a. �?`Fi f. -'F _moi:-'_ .•-]`:. -"�r2000!EMT'. sT 5486Y7Q Y 1v2/Yla/2016'. 'IN'L. .. .. .- .. , .. t :..4r 2.ani-•Sr.:_'.�u..�:�-.�i'?x:a.':K�:�']ts��C..i.at'hw�l.eli. �- Labigang, Jeremy B 2000 EMT EMT 539535 12/1/2016 119 t �{ - .•=: -ijT Ledbetter ;;Amand ;; , a -` ::R.' 1w':ti[+','.ZR-/ '`3%R'.�W`Y.::d A�-`�r'FilEi3tl'iGC2/!�s {,2.n!. ; a �, ti,= ::::y:. . , , ` Efv1{5T. ,= .N: e.EMT'5,3a4-501,1-512{/l/t2Q>16' � „ .. �:M i1'f'.,1:...,J:i .._.. Ledingham, Sean 2000 EMT 549031 12/1/2016y ..,}^;•„- � `Livermoi a IV1aLthe:w, h: v 3a:•a'T C;« -IM: ''= 2000 EMTX .�"" ' _ 016 } 549117�zt,,7 ,; Z,� - J a i , Longshaw, Omar E 2000 EMT EMT 528992 12/1/2016 '". 1•.... -. Luna, Dav'icf •. - - _c(l•I-3t1•f"j3c..-HSJ<}24:.jl:;v�,-.n+mK rS�. :.. _ _ _ = ; 168;:EM;T--11 .546563=.`12. 12016` y� Machesko, Joseph 2000 EMT 545402 12/1/2016 Macias, Anthony 2'000 EMT �. 5504Q1 ° 1'2/1/2016 Mangola, Jacob, FTO 2000 EMT EMT 526697 12/1/2016 Masters, Daniel2:500` EN1T .;. EN1T 529:627 "">1°2/1/2016 McCorkle, James 2500 EMT 529187 12/1/2016 Mcglothlin;.lance 2000 EN1T EIVIT_520532 =12%1%2016 Miller, Katherine A 2000 EMT 545955 12/1/2016 Moynihan; -Lindsey 2000 'EMfi ::EMT 522706r`" 12%1/2016 Myers, Andrew 2500 EMT EMT 534544 12/1/2016 Myers, Kyle 2000' EMT EMT 5'14266 1::2/1/2016 Neisius, Sarah 2500 EMT 515146 12/1/2016 Nielsen, Alex J 2000 EMT .5`43201 1-2/,1/2016 Ortiz, Jacob 2000 EMT 549050 12/1/2016 Parrish; kristopher, FTO 2500 ; T --EMT 5167:73 12•/1/2016 Patterson, Lavorrous 2000 EMT EMT 533392 12/1/2016 Pfiillip's; Vincent :2000, EMT EMT 532:997 1>2r,1 2016 Ponders, Edward 2000 EMT 539894 12/1/2016 Reid `Sh il,:':• _ ; - fi.. =1 ;�:._.` ,�•,:a ; ,Ff f;� =: -� x�, �•,. ii 300662. 12/1/2016; •� 2>2500 EMT' r o .._.-,«,..::•.,.,_.::a�%:.. ..w..•. _ :�:. � •3�.a.x+rsr_ L.r4.LC.. vT �iY�3�5�,f»mw,x._: .. - . Reuther, Matthew 2500 EMT EMT 527844 12/1/2016 - EMT#;r12/x2016; fflg . , •.. -:sty:.. �� :.:-k::.. rW�_.�=00 zA Selph, Tanner 2500 EMT 541491 12/1/2016 Seweli��Ka�en:� •r� l ��'�°� „�y;��200��'� �'.54940?7 1% ;2�Os 6, - •..�..`� b•:.,... ..35'-�•S"`a Q'+d,.i'�...�2.. •'?t:F W tom... _ Shade, Jeremiah Jeremiah B 2000 EMT 528993 12/1/2016 ,j.. k_i_'r` Smith�tAstiton C. ' - _ ,.....-.. _ ':.,':;,��:•: r.'::15`-139.`r'bhae•i'':•F•{' 3i'•h•: .taffy 'Y,.=`'}�'• U�ti��`f;"�=:>2000y9EMTdw��-•�s• _ _ �:� `�^" =�- :..,, .� - .:.;�• _- :,.�: . . fi,�<;�x��•��,,�550309,,;,,ti1>2J/�1/20Y6; �Vi\JSn:3'•..'.i.- iIAS]=tA.�L:...�Ma.- -r. Strandell, Heather L 2500 EMT 534275 12/1/2016 �� ...... ,f- Sturtevaht,1'Marc :.!'.�.�^S�+'FaY':=' x.W"•Z' �: ....y:: :V^^..aj'r'R Y }., �<r :.,.-, R ,•_k,:5,48�184::1{2/3/20.16: �A Suba, Gabriel 2500 EMT 520881 12/1/2016 0 Taylor•"J sti �N'=.�,r •'-"r ,- _ 2000;EMT .::•:.;:_.-„:�r_,.t-.,,�.::��;-•,=:.f . _. `� Efv1T5539084;° 12/1/2016 .. Troska, Hunter A 2000 EMT 550604 12/1/2016 Vah04ebeke,James J 2OQO EMT . :. ;'54'7184:_::12%1/2016, VanSandt, David, FTO J 2000 EMT 543690 12/1/2016 Mrdl�ijdh L' Efv1T”ti^54'9361=``12/_.1/2016' n'.4: ..... .-_. r✓.- - •fir_.. vicV:Y.x.,. _ ._•_ ' Weatherly, Michael G 2500 EMT EMT 536935 12/1/2016 Wheeler, Christo er p - z ..v:., :168=.EMT _ .�'t;� ter= :Y-.•;... ': 5'1;49:4}1 =12/1%2016 Zuniga, Christopher A 2000 EMT 524893 12/1/2016 120 All EVOC Certifications On Record in Cost Center 2000 ! !.�'�1 :c2 kTk =l'ib:'_ln�.� ! B•y�g • a�` 0 s.� 9 Baldwin, Christopher 697 2000 EVOC Brown, Jeffery L BJ0534 2000 EVOC Bruno, Harrison 699 2000 EVOC Caisse, Zachary A 687 2000 EVOC Chilcott, Gregory 691 2000. EVOC Collins, Dillon H 633 200_0 EVOC Collins;:I<evin T ' _ 2000-,F- OC. Cornett, Heidi M 681 2000 EVOC Davis' Harold'R,-686t,?, '686: '=2000'-EVOC -' -z•' t DeFriest, Michael J 613 2000 EVOC D'eGra is -Daniel '665 - 2000- EVOC, = Dietz, William E 690 2000 EVOC t nohue•-yKayla: z ' 698 Doughty, Bryce DB6903 2000 EVOC _ �5;..__. 2000',EVQG-- =, Farrell, Michael D 682 2000 EVOC Fiorini,-Renzo -FR2641 2000,1VOC - French, Jeremy FJ3431 2000 EVOC Fuller,•:April FA4285'-, = - 2000.;.EVOC-, Garcia, Joseph N 589 2000 EVOC Gonzalez; Manace GM1882 ', :2000 Grace, Scott C 657 2000 EVOC Hernandez; Roberto 683 >2000 E1%OC Hodge, Austin 703 2000 EVOC Horton, Mariana 655 2000 EVOC Johnson, Michelle A 601 2000 EVOC Labigang, Jeremy.B U054o- .. 2000 EVOC Ledingham, Sean 661 2000 EVOC Longshiaw; Omar E 1-04700: • -2000.EVOC = - Luna, David 701 2000 EVOC Mkhesko �Josept' -6T4 1200Q_EVOC Macias, Anthony 692 2000 EVOC Wil`; --^_.3. ,t;,7-- - IVlangola Jacob;_FTON1F5:761°"• .. .. t-•. a }: .`-"Z '" :4—r7.^�.^: EVO.0"` Mcglothlin, Lance ML6262 2000 EVOC Milled, ath rih > A I< e e EVQC� X2000: r Moynihan, Lindsey ML4075 2000 EVOC fvlyers;,Kyle s -. IVIK 7 ��: '0 -ti- - 6 95-h.:2000EVOC. - • Nielsen, Alex J 587 2000 EVOC 0"r`tiz;Jaeoti 2000'EVOG ? ' Patterson, Lavorrous PL3095 2000 EVOC Phillips, 'Vincent -. PV8512`: 200q- 000Ponders, Ponders,Edward 599 2000 EVOC 121 Robidoux, Drew 663 . -2000 EVOC Sewell, Karen 664 2000 EVOC Smith;, -Ashton C : 685 '-. °2000. EVQC,, Sturtevant, Marc 662 2000 EVOC Taylor,.Josh 549 2000 EVOC*, Troska, Hunter A 689 2000 EVOC VanOverbeke, James J 639 2000 EVOC VanSandt, David, FTO J 611 2000 EVOC Wardle, John L 684 2000 EVOC Zuniga, Christopher A 646 2000 EVOC CEVO-3 122 All PARAMEDIC Certifications On Record Ahmad-Khan;'Rbb��rt, FTO '2500 DI Almanza, Linda 2500 PARAMEDIC PMD 522577 12/1/2016 Alvarez, Jason 2500 PAR41VIt-DIC 522882 82 12/1/2016 Avers, Andrew A 2500 PARAMEDIC PMD 507017 12/1/2016 Baceld, Mi0ael, FTO 25'0'0 PMAMEN&- : " O'mb `568284 - 12/1/2016 Bernier, Edgar 2500 PARAMEDIC PMD 513546 12/1/2016 Bottoms, Erik 0 2500 PARAMEDIC PIVID 510676 12/1/2016 Burris;.jJoshup',, 4.r 1 016* Chiriboga, Sebastian A 2500 PARAMEDIC 520328 12/1/2016 foebe 2 0'; 00 0 Crespi, Alexander J 2500 PARAMEDIC 527801 12/1/2016 n i s—,� _,n n,� NN4 VV -onstqp-her. Fier: Fersch, Kayla 2500 PARAMEDIC 529078 12/1/2016 Glutk,lbnAh�-n M Q 2-5 -5 1 / /2016 Grivas, Kristina 2500 PARAMEDIC 526296 12/1/2016 Habib, Joseph, FTO > -'4.- : `- .25C�0 -PARAMEDIG' P. M D 205786 r77 12./1/2016 Haggerty, Patrick 2500 PARAMEDIC PMD 522611 12/1/2016 Hanson, EdWgrd -:,.,25 0 Henderson, Mario 2500 PARAMEDIC PMD 517353 12/1/2016 Higgs,1uliii.'M —2.5 5AAKAM '01'x..523532'-''12%1/2016- s Holden, Victoria 168 PARAMEDIC 526878 12/1/2016 Hoed, enileW 25:�CP D,20 6294- 12/11W16 Hunter, Christopher 2500 PARAMEDIC PMD 522426 12/1/2016 Keller, Arf&ea2SOO W RA IC';rFfv1D 513562 12'%1%2016 Ledbetter, Amanda 2500 PARAMEDIC PMD 523602 12/1/2016 Lucy, Ryan j tRAR# Mace, John 2500 PARAMEDIC PMD 514298 12/1/2016 Mbtton Chris 'M 1 f& 800 ARA, -Ult �.T� ff/I Masters, Daniel 2500 PARAMEDIC PMD 524373 12/1/2016 'e. k le S '�,2-50 Myers, Andrew 2500 PARAMEDIC PMD 523601 12/1/2016 us '§'-91 is ,�L ReDTAFU i 1AR -�i^U- 5 S4 o -16,; M, e W6 5 _4153�&_�. YT7:2 0 Nielsen, Alex J 2000 PARAMEDIC 528739 12/1/2016 ANATAWMWICW�'-r -t"W 5� ,7 . i7 'g=Z2016 Phillips, Lorne 2500 PARAMEDIC PMD526896 12/1/2016 R .4- Reinhard, Rochelle 2500 PARAMEDIC 11954 12/1/2016 K OWTARAW"EpTGA!KRK4Dj 52034,8,s 1 20'16 Selphjanner 2500 PARAMEDIC PMD 529068 12/1/2016 Shgd6.Ae-e6mi6h B 'AME 123 Skinner, John Snead,)8per Strandell, Heather L Suba,'Gabriel Tippins, Eric J Virgin',--'Spence'r Visser, Tjeerd Wath`erly'I'Mic'hael G Young, Alberto 2500 PARAMEDIC PMD 519071 12/1/2016 2 -60J A6�f66f(*�-- 5 P 2500 PARAMEDIC 524343 12/1/2016 SOO 2 :T�kRA EDIC,PfV1D`5234p4` 12/1/2016 2500 PARAMEDIC PMD 14350 12/1/2016 2500 P;AR�AM6'--MC' 524823 12/1/1016 2500 PARAMEDIC PMD 14356 12/1/2016 - O-PARAM'5 `2 I.5.0 E DC 'P'ARAM"ED'IC 397,- 12/1:/2p1'6 1 2500 520332 12/1/201 6 124 P1.7j) All EVOC Certifications On Record in Cost Center 2500 Ahthjd-:Kha'h;--`Rd Ft -6`,- -150d EVQC- Almanza, Linda AL4693 2500 EVOC A(,;P"rez' J"' soh AJ5 5 Avers, Andrew A AA2472 2500 EVOC Bernier, Edgar 678 2500 EVOC Bonavo ,,Robert. 'S3 --�500 -EVOC' Bottoms, Erik 0 BE0702 2500 EVOC Burns, Joshua BASIS 2500 EVOC Chiriboga, Sebastian A 630 2500 EVOC - Phoebe CohenPh0ebe 1 649 i2 5 , 0'0 Crespi, Alexander J 596 2500 EVOC Doyle,--Christ60h6rW DC6381 EVOC Fersch, Kayla 667 2500 EVOC Gluck, Jo- nathan M 650 2500 EVOC Habib, Joseph, FTO HJ4087 2500 EVOC Haggerty, Patrick HP9778 2500 EVOC Hanson, Edward HE8832 2500 EVOC Henderson, Mario HM4 165 ' 2500 EV -06, Higgs, Julie M HJ6490 2500 EVOC Holden, Victoria 702- 2500 EVOC ' Hord, Denise W HD2395 2500 EVOC Hypte,r Christ6pher .HC9976 ":Ndc Keller, Andrea PA7889 2500 EVOC X 6 d b`e�tt 6 r -i. A A da Lucy, Ryan D 618 2500 EVOC Mace 3217 �V Marton, Chris 696 2500 EVOC Masters, Da M D 7 5 46 '2500 Myers, Andrew MA1183 2500 EVOC I" sins; Sj rah, EVOG.- Parrish, Kristopher, FTO PK4310 2500 EVOC Phillips, Lofne "'-'PL2870, ,,25qq,..EVOC- Reid, Sheila RS4894 2500 EVOC Reuther, Matthew RM6500 2500' EVOC Selph, Tanner 554 2500 EVOC Shade; Jeremiah B. "6124., .2500- EVOC,,, Skinner, John SJ5606 2500 EVOC Snead;' Jasper .,.!3 Strandell, Heather L 569 2500 EVOC S'Uba 5 Sub-, �3abiriel SG1227- 200 EVOC Tippins, Eric J TE0529 2500 EVOC 125 Virgin, Spencer 670= 2.560 E-VOC Visser, Tjeerd VT8337 2500 EVOC Weatherly, Michael G WM8770 25004-EVOC Young, Alberto 676 2500 EVOC 126 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, Administrator THROUGH: John King, Director Department of Emera cy rvices FROM: Brian S. Burkeen, Assistant Chief Department of Emergency Services DATE: February 15, 2016 SUBJECT: Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for Falck Southeast H, Corp d/b/a American Ambulance Service to Provide Interfacility Ambulance Transportation Services. On December 3, 2013, the Indian River County Board of County Commissioners approved a Class "B" Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a American Ambulance Service to provide interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire March 13, 2016. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, -and welfare require it. An application for the renewal of the Class "B" Certificate of Public Convenience and Necessity has been submitted by Falck Southeast 11, Corp d/b/a American Ambulance Service. A change was requested by the applicant to have the word "Service" added to the COPCN to match the complete name that is listed with the State of Florida Bureau of EMS. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. 127 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `B" Certificate of Public Convenience and Necessity for Falck Southeast H, Corp d/b/a American Ambulance Service, to be effective for a period of two (2) years from March 13, 2016, to March 13, 2018. ATTACHMENTS: 1. Renewal Application from Falck Southeast H, Corp d/b/a American Ambulance Service APPROVED FOR AGENDA FOR: March 1. 2016 BY: JoieDh A. Baird County Administrator Indian River Co. A dm i r) Date Legal 0-2.-2- 14 Budget Z� (b Dept t It Risk Mgr. oL -ate 14, General Svcs. 128 Pt�FHr INDIAN RIVER COUNTY <vQPe•�F, DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Falck Southeast II Corp d/b/a American Ambulance Service DATE: February 1, 2016 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ;4 YBLS ZALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. C:Wsemjsalvesen\DesldopVRFD COPCN 2016Wmerican IR COPCN 2016.doc 1 129 II. COMPANY DETAILS 1.NAME OF AGENCY:Falck Southeast II Corp d/b/a American Ambulance Service MAILING ADDRESS: 4227 St. Lucie Blvd CITY Ft. Pierce COUNTY St. Lucie ZIP CODE: 34946 BUSINESS PHONE: 772-465-1111 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): 3. MANAGER'S NAME: Michael DeSouza ADDRESS: 4227 St. Lucie Blvd, Ft. Pierce. FI 34946 PHONE #: 772.465-1111 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Robert F. Heffner 6605 NW 74th Ave Miami, FI 33166 President 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # Edwin Rojas 901 37th Street Vero Beach, FI 32960 772-567-2552 John Skalko 1000 37th Street Vero Beach, FI 32960 772 - Will Tarbet 131037 th Street Vero Beach, FI 32960 772-569-5107 CAUsersysalvesen\DesktopURFD COPCN 20161American IR COPCN 2016.doc 17 130 6. FUNDING SOURCE: Private 7. RATE SCHEDULE ATTACHED? YES X� NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: Main Office 4227 St. Lucie Blvd Ft. Pierce, FI 34946 Indian River Medical Center 1000 37th Street Vero Beach, FI 32960 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: See Attached 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) See Attached 4. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION Statewide Med 8 Statewide Med 8 Holmes Regional Medical Center Lawnwood Regional Medical Center Indian River Medical Center Sebastian River Medical CAUsersysatvesen\DesldopURFD COPCN 2016Wmerican IR COPCN 2016.doc 1 131 IV. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS I, Michael De Souza the representative of Applicant Name American Ambulance Service do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS I, Michael De Souza , the representative of Applicant Name American Ambulance Service , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SMATURE Z/03/16 DATE Before me personally appeared the said JV\'- cy\a e -A -V>eSoyz C'- who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this - _ day of e4 2016. ..p 1 fit. &LcA�-n My commission expires: q16 b8 NOTARY PUBLIC SHARI L BROWN NOTARY PUBLIC 10. STATE OF FLORIDA C:\Usersysalvesen\DesldopURFD COPCN 2016Wmerican IR COPCN 2016.doc Comm# FF161137 1; Expires 9/18/2018 132 All County Ambulance Vehicle Information 2016 Amoriron Unit # Year Make Model VIN # Current Tag Capacity 72 I 2009 I Chew 3500 I 1GBHG396282211912 MU17T Ambulance Unit # Year Make Model VIN # Current Tag Capacity 20 2007 Ford E350 1FDSS34P97DA60823 MIK-96S Ambulance 204 2007 Ford E350 1FDSS34P57DA60821 MIK-97S Ambulance 215 2007 Ford E350 1FDSS34P07DA60824 MIK-OOT Ambulance 216 2008 Ford E350 1FDWE35P38DA84334 MIK-01T Ambulance 217 2008 Ford E350 1FDWE35P18DA83473 MIK-02T Ambulance 218 2009 Chev. 3500 1GBHG396091179868 MIJ-45F Ambulance 219 2009 Chev. 3500 1GBHG396791182489 MIK-28P Ambulance 220 2009 Chev. 3500 1GBHG396591182734 MU -27P Ambulance 221 2013 Ford E350 1FDWE3FS6DDA22679 MIK728H Ambulance 222 2008 Ford E350 1FDSS34P98DB47736 MIK62H Ambulance 223 2009 Ford E350 1FDSS34P59DA22735 MIK65H Ambulance 224 2014 Ford E350 1FDSS3EL6EDA82707 MIK71H Ambulance 225 2014 Ford E350 1FDSS3EL7EDB15147 MIL62R Ambulance 226 2014 Ford E350 1FDSS3EL1EDB15144 MIL61R Ambulance All County Non-Medical/Wheelchair 602 2004 Ford E250 lFTNS24L34HAO8388 BIQ-J55 Non -Medical 604 2005 Ford E250 1FTNE24W25HA70089 BIQ-J60 WheelChair 609 2003 Ford E250 1FTNE24243HA86367 BIQ-J57 WheelChair 612 2013 Ford E250 1FTNSlEWODDA22694 BVA-Q33 Non -Medical 614 2008 Ford E250 1FTNE14WBSDA92216 CUT-NO7 Non -Medical 615 2013 Ford E250 lFTNS2EWXDDB26549 CFT U08 Non -Medical American 1 Non-nnemcai/wneeirnair 610 1 2004 1 Ford I E250 I 11FTNS241.14HA08390 I MU -27M I Non -Medical 133 FALCUSA-01 CHOUDHARIAV ACORO- CERTIFICATE OF LIABILITY INSURANCE DAT 1//20/220/2D/YYYY) 016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Willis Of Seattle, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 37230-5191 N MEONT: CT Willis Towers Watson Certificate Center PHONE -7378 FAX . (877A/c No): 888 467-2378 A� REss: certificates@wlllls.com INSURER(S) AFFORDING COVERAGE NAIC 0 A ----`MMMT-------MITA--------- INSURER A: Coverys Specialty Insurance Company 15686 ---MMMT--- INSURED INSURER B: Steadfast Insurance Company 26387 INSURER C Feick Southeast 11, Corp. d/b/a All County Ambulance INSURER D: 4227 St. Lucie Blvd Fort Pierce, FL 34946 INSURER E. INSURER F: PERSONAL & ADV INJURY s Included COVERAGES CERTIFICATE NUMBFR: R=/iclnu AIIIM12=0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE N POLCYNUMBER POU Y EFF MMIDD POLICY EXP MM/DD/YYYY LIMITS A ----`MMMT-------MITA--------- X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X Products -Claims Made ---MMMT--- 5-10013 ---'---MMMT-- --- --_. 10/01/2015 10/01/2016 EACH OCCURRENCE E 1,000,00 PREMISES (Es occurrence) $ 100,00 MED EXP (Any one person) S 5,00 PERSONAL & ADV INJURY s Included GEN'L AGGREGATE PER: '-' LIMIT APPLIES PER: X POLICY El JECOT- D LOC OTHER: GENERAL AGGREGATE _S__-'____2'000_'000 PRODUCTS - COMP/OP AGG S $ AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $ Ea accident ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per person) $ BODILY INJURY Par accident ( ) S PROPERTY DAMAGE Per accident = S B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE LIMB 5414770-02 10/01/2015 10/01/2016 EACH OCCURRENCE S 15,000,00 AGGREGATE $ 15,000,00 DED RETENTIONS $ WORKERS COMPENSATIONPE AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below / A OT H- STATUTE ER E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more sped Is required) CERTIFICATE HOLDFR reur91 I ATInu tic 19BB-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 134 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County Fire Department 4225 43rd Avenue AUTHORIZED REPRESENTATIVE Vero Beach FL 32967 tic 19BB-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 134 All Certifications OnRecord inCost Center 4000 Gilb-hrist kei-'d'A{ Johnson, Jarvis ] Ka|bi n] Labra ias me*.�/�nxz - :� �Ph .-K- DriversUcense ]5ZS-43O'94'177-O 5/17/2021 'QriYe-rs-Q . DriversLicense L165-000'84-465'0 12/25/2018 135 All Drivers License Certifications On Record in Cost Center 2000 136 Baldwin, Christopher Drivers License B43511397066-0 2/26/2021 Brown, Jeffery L Drivers License B650432703350 9/15/2017 Bruno, Harrison Drivers License 8650338933050 8/25/2023 Caisse, Zachary A Drivers License C200981944610 12/21/2018 Chilcott, Gregory Drivers License C423-298-93-466-0 12/26/2018 Cianne, Junior Drivers License C500425944460 1/22/2016 Cohen, Phoebe Drivers License C500672815536 2/13%2021 Collins, Dillon H Drivers License C452168930310 1/31/2022 Collins, Kevin T Drivers License C452518931390 4/19/2023 Cornett, Heidi M Drivers License C653333836830 5/23/2021 Davis, -Harold R Drivers License Df.0356852930- _,,,;- ;8/1'3/2021 DeFriest, Michael J Drivers License D162550924280 11/28/2022 DeGrazia, Daniel. :Drive rs, Lice nse =D262-iJ5`-91=1;88=0R ; .5/28/-2021 Dietz, William E Drivers License D320925914050 11/5/2021 Donohue, Kayla Drivers License ' D5005139499220 11%22/2018 Doughty, Bryce Drivers License D230061913030 8/23/2022 Euell, Trisha L Drivers License E400-8-12=75-689-1 5/29/2018 Farrell, Michael D Drivers License F640544832440 7/4/2017 Fiorini, Renzo 'Drivers -License F650-720`83-1081 '3/28/2020 French, Jeremy Drivers License F652435910860 3/6/2021 Fuller, April Drivers License -F460012825480 2/8/2019 Garcia, Joseph N Drivers License G620-494-92-325-0 9/5/2022 Gobler, Brooks Drivers License G146-078-95-044-0 2/4/2018 Gonzalez, Manace Drivers License G524550883500 9/30/2018 Hernandez, Roberto Drivers License H655720954500 12/10/2019 Hodge, Austin Drivers License H320012921370 4/17/2018 Horton, Mariana Drivers License H635552911080 6/8/2023 Johnson, Michelle A Drivers License J525-541-88-869-0 10/9/2018 Karpinski, Dodge Drivers license K.615=176=94=3.43-0 9/23/2018 Kraft, Matthew Drivers License K613-541-94-031-0 1/31/2023 Labigang, Jeremy B Drivers license L-125=422-84=097=0 3/17%2019 Ledingham, Sean Drivers License L352798931260 4/6/2017 Livermore; Matthew .Drivers License. L165£543=95:291=0_: Longshaw, Omar E Drivers License L520-645-77-222-0 6/22/2022 Machesko, Joseph b�ki is license M420 492'-93-175,-0` 5/1`5/-2017 Macias, Anthony Drivers License M224-005-95-466-0 12/24/2020 Mangola; Jacob, FTO Drivers'L•icense V524-430-90-100=0; -'x3/20/2022 Mcglothlin, Lance Drivers License M243530882240 6/24/2018 Miller; Katherihe A .Drivers License M4605019385Q0 = ,9%30%2022 Moynihan, Lindsey Drivers License M550534847420 7/2/2020 Myers, Kyle Drivers License M620516851860 5%26/2019 Nielsen, Alex 1 Drivers License M620283880630 2/23/2020 136 Ortiz, Jacob Drivers'License 0632-432=93-135-0-, 4/15/2417 Patterson, Lavorrous Drivers License P362536862950 8/15/2016 Phillips, Vincent Drivers License P412-878-86-377-0 10/17/2017 Ponders, Edward Drivers License P536227922610 7/21/2021 Robidoux, Drew Drivers License R132-164-94-330-0 9/16/2018 Sewell, Karen Drivers License 5400-513-95-826-0 9/6/2019 Smith, Ashton C Drivers license S530003951390 4/19/2020 Sturtevant, Marc Drivers License 5363-541-94-052-0 2/12/2016 Taylor, Josh Drivers License T46b-435-81-144 4/24/2017 Troska, Hunter A Drivers License T620321933760 10/16/2016 VanOverbeke, James 1 Drivers License V516450854420 12/2/2022 VanSandt, David, FTO J Drivers License V525170883880 10/28/2019 Wardle, John L Drivers License W6344722951690 _ 5/9/2019 Zuniga, Christopher A Drivers License Z520101860810 3/1/2021 137 rtifications On Record in Cost Center 2000 Baldwin, Christopher I � _" 000 - 651 2 EVOC Brown, Jeffery L BJ0534 2000 EVOC Bruno, Harrison 699 2000 00 EVO C Caisse, Zachary A 687 2000 EVOC Chilcott, Gregory 691 2000 EVOC Collins, Dillon H 633 2000 EVOC Collins, Kevin T 07 -2060. NOt, Cornett, Heidi M 681 2000 EVOC Davis,`Halr6ld R 686 2000; tvOc- DeFriest, Michael J 613 2000 EVOC DeGrazia, Daniel 665 2000 EVOC Dietz, William E 690 2000 EVOC Donohue, Kayla 698 -2000 EVOC Doughty, Bryce DB6903 2000 EVOC Euell-.,Teisha L 'IT3830.'-'--':" 2000 EVQC Farrell, Michael D 682 2000 EVOC FR -2641 - French, Jeremy FJ3431 2000 EVOC Fuller,, prj! -2000� E-VOC.i,.,,. Garcia, Joseph N 589 2000 EVOC Grace, Scott C 657 2000 EVOC �g�berto4" - Hodge, Austin 703 2000 EVOC Horton, -Mariana >655 '2000 Johnson, Michelle A 601 2000 EVOC r Labigang,J'e' Jeremy P U0540,;,, .2 od. -Obt Ledingham, Sean 661" 2000 EVOC LdngsNwj,bmar E �7— L04700. -2000EVOC Luna, David 701 2000 EVOC Machq'sko'', Joseph 674 2000-1y Macias, Anthony 692 2000 EVOC M'6ngola, J�Scbb, PtO MF5761 - 2000'EVOC Mcglothlin, Lance ML6262 2000 EVOC Miller;' Katherihe-A 627 Moynihan, Lindsey ML4075 2000 EVOC Myers; Kyle Nielsen, Alex J 587 2000 EVOC Ortiz, iaco'-b 673 2660-�EYPC Patterson, Lavorrous PL3095 2000 EVOC Phillips, Vin*teeft Ponders, Edward 599 2000 EVOC 138 Robid 6-x-P-'--beeW Sewell, Karen Sr6iih4-AsRtbri C; 7, Sturtevant, Marc �.7. :'Tby.!,6".-'rjJosh. Troska, Hunter A VahOVerbeke,Jarbes J VanSandt, David, FTO J Wardle, Jci*fin L Zuniga, Christopher A 3, 664 2000 EVOC 2 662 2000 EVOC '7 689 2000 EVOC '6139 EVOC' 611 2000 EVOC CEVO-3 684 2060 EVOC 646 2000 EVOC 139 All EMT Certifications On Record Alman'za ainda 25'QB::;EdvIT "'EIVI5529911J2036. ~12/1/2016 Alvarez, Jason 2500 EMT 530016 Brown, Jeffery L 200QEMT. '' EfVIT;:7453=1r{'` 12/1%2016 Bruno, Harrison 2000 EMT 550970 12/1/2016 Burns, Joshua 2500 IEMT EMT 53'7372 12/1%2016 Caisse, Zachary A 2000 EMT 5491125 12/1/2016 Chilcott, Gregory 2000 :EMT 5'49699 .1 /1/2016 Chiriboga, Sebastian A 2500 EMT 523032 12/1/2016 Cianne, Junior 2000 EMT 5`48570 12/1/2016 Cohen, Phoebe 2000 EMT 541611 12/1/2016 Collins, Dillon H 2000 EMT 546865. 12/1/2016 Collins, Kevin T 2000 EMT 547079 12/1/2016 Cornett, Heidi M 2000''EN1T 54992.2 12/1/2016 Crespi, Alexander J 2500 EMT 543937 12/1/2016 Dav•is,HarQld R: 2900RMT ° J54 437 1<2 1 2416 DeFriest, Michael 1 2000 EMT 545730 112/1/2016 ,,� . D`eGraiia :Daniel .-•�.,.�Yry.�;:., •r..; •=:::i ; w=+'a�1.�t•=< „ lam, ... 1.,,:- c 548957 *1z2 �1� 2016. 2000 ,0 1T ...;^ - *`'• /� - _ .s S•x, .'ti. !y!`P ,: .%.= :,;'P?:.4; .•u::.. 111.I,Me+uatc'•*! Si,•,+.. - Dennis, John .3000 EMT EMT 88y�7r57 12/1/2016 �::�.�- Z, *t�01)W1 r20"16 .. ... • .x,=...:.,>.,:. �. .. Donohue, Donohue, Kayla 2000 EMT 549406 12/1/2016 �� s_:�W Doyle, Christopher W 2500 EMT 527099 12/1/2016 Ewell,risha~L:v - ^ •200 o EMT :-" ,�M„T'Oa,, 2�01�6. Farrell, Michael D 2000 EMT 549002 12/1/2016 :35OOf_MT12`/J>2016 Fiorini, Renzo 2000 EMT EMT 539204 12/1/2016 CK EIVIT61Q;, 1y2 1 2016 l:: ��.._ .x ,:. -.. •. - _mss..; ryr apj....•}f' ..a'� (;.. Fuller, April 2000 EMT EMT 529178 12/1/2016 Garcia;'1o'seph N - :2000 EN1T =° 5 38.58 1D2/1 20:16 Gonzalez, Manace 2000 EMT EMT 531605 12/1/2016 Habib Joseph, FTQ 2S©Q -EMT „ _ _ `3Q172.8 12%1%2016 Haggerty, Patrick 2500 EMT 532805 12/1/2016 Hanson, Edward- 2500 EMT =54'59;28 12%1/2016 Henderson, Mario 2500 EMT 518114 12/1/2016 Hernandez, Roberto 2660'EMT Y ? 54972Q 12%1/2016 Higgs, Julie M 2500 EMT EMT 534073 12/1/2016 Hodge, Austin - 2Q00 °EN1T-/d!/.201 Holden, Victoria 168 EMT 541621 12/1/2016 Hl b- Mariana 2000„EMT = 546fi1�0' 1J2/1/2016 Johnson, Michelle A 2000 EMT 542652 12/1/2016 Karpinski :oige' = i. 'iL' •: '..a' ��?; S+^j,:..'' ;�.¢ 9LcTk1-3�':. ^' ' x -x2000 E1��v��)2j}I ;}' ��< g ,��/ 0,15: ' ': :::;, '.�ti_.U.�t+.ST.I� � ��>. - .._ _, �Mtln'y `'�f.1' a:J.t'.�. -•� .- �.' Labigang, Jeremy B 2000 EMT EMT 539535 12/1/2016 140 Ledbetter; Qriianda �va'.»x'•-':yr !,••rp.rYyieote •e.. ... �. >'.: _ta:x2�50`O�E:MT 2'016: Ledingham, Sean 2000 EMT 549031 12/1/2016 {+fit; ..: ifS'vfi+i{$�,;i%;. `.- Liverrnore,,Mat,hew..:_°_: --. :.2Da0.. T< .a•�s,.,2L�^L`l7-.ii.a.I: 6. _ .. Longshaw, Omar E 2000 EMT EMT 528992 12/1/2016 _... K �:c"• Luna David: :t�. 7 I?:+ n.:::c�g-tri•.• �:. C+�'• . Sy'C Machesko, Joseph 2000 EMT 545402 12/1/2016 Macias, Arith6hy 2OQQ Eiv1T .. - -"`' S50401> °12`-1' -2016 Mangola, Jacob, FTO 2000 EMT EMT 526697 12/1/2016 Maste"rs, DanielEN1T .'`-i E, ,'.,`529.627 .'":12[1-%2016 McCorkle, James 2500 EMT 529187 12/1/2016 Mcglothlin; Lance 2000: EMT =,. I, 2.01.6 Miller, Katherine A 2000 EMT 545955 12/1/2016 Moynihan, Lindsey 2000 'ENIT EMT 522705 12%1/2016 Myers, Andrew 2500 EMT EMT 534544 12/1/2016 Myers, Kyle 2000 EMT EMIT 51'42'66 12/1/2016 Neisius, Sarah 2500 EMT 515146 12/1/2016 Nielsen, Alex J 2000 EMT5432Q1 -12/1%2016 Ortiz, Jacob 2000 EMT 549050 12/1/2016 Parrish, Kristopher, FTO 2500 ' T EMT 5-167:73: 12/1/2016 Patterson, Lavorrous 2000 EMT EMT 533392 12/1/2016 Phillips, Vincent >2000`EN1T .:_. EN1T 532907 12%1/201$ Ponders, Edward2000 EMT 539894 12/1/2016 R`eiii:5h`gl A__..:.fJ ;: s`'dis0 Yrys. `-.js�P� �,. ,. , . Reuther, Matthew 2500 EMT EMT 527844 12/1/2016 Ro t�R©ream ;''t� �: �{;� < 0 /2016° Selph, Tanner 2500 EMT 541491 12/1/2016 Shade, Jeremiah B 2000 EMT_ 528993 12/1/2016 X T � Strandell, Heather L 2500 EMT 534275 12/1/2016 �C`.° .`a3. •s; a: `+4,.: — Sturtevant rc = i c �::::'. $' a. ]vTff'r`< .' .s— ricy:q.. x OOQz;..,T:=.c:.,t;:s� •$184�a1,/,y/�206< Suba, Gabriel 2500 EMT 520881 12/1/2016 Taylor 1os'ii� ,.�� 200�'=:EMTENi� '539©845 1++2' 172 016 Troska, Hunter A 2000 EMT 550604 12/1/2016 VanOoebeke, James 1 '20`00}Efv1T: VanSandt, David, FTO J 2000 EMT 543690 12/1/2016 Wardle '7ohntl '2Q00, - - AENiT.5 3363.E=12/1j2016' f .. Weatherly, Michael G 2500 EMT EMT 536935 12/1/2016 Wheeler, Clhristoper <<168~EMIT "5� 4 4Y1.. -1;2%1%201x6 Zuniga, Christopher A 2000 EMT 524893 12/1/2016 141 All Drivers License Certifications On Record in Cost Center 2500 142 Ahmad -Khan, Robert, FTO Drivers License A532777732210 6/21/2022 Almanza, Linda Drivers License A455527809640 12/24/2020 Alvarez, Jason Drivers License A416420773100 8/30/2018 Avers, Andrew A Drivers License A162001652620 7/22/2017 Bacelo, Michael, FTO Drivers License B240-540-80-126-0 4/6/2023 Bernier, Edgar Drivers License B656210782080 6/8/2019 Bonavolta, Robert Drivers License B514763590590 2/19/2018 Bottoms, Erik 0 Drivers License B352214794420 12/2/2017 Burns, Joshua Drivers License 6652421883460 9/26/2018 Chiriboga, Sebastian A Drivers License C612781880970 3/17/2018 Crespi, Alexander J Drivers License C621010943190 10/19/2018 Doyle, Christopher W Drivers License D400119880630 2/23/2019 Fersch,Kayla, Drivers Lice:nse' ..F620=501=91-,882 Gluck, Jonathan M Drivers License G420433800060 1/6/2021 Grivas; Kristina Drivers License G662500835630' 023 Habib, Joseph, FTO Drivers License H110482792411 7/1/2021 Haggerty,°Patrick Drivers'License . "H2636798429 -v...' 8/11/2018 Hanson, Edward Drivers License H525220711400 4/20/2019 Henderson, Mario "Drivers License - 44536551784466r' '`3, _ 11%30%2018 Higgs, Julie M Drivers License H2O0-433-91-628-0 4/8/2021 Holden, Victoria Drivers License 4435=::872-91-875=0 ' 10%15/2021 Hord, Denise W Drivers License H630179598250 9/5/2017 Hunter, Christopher Drivers License H536-11348=043-0 2/3/2018 Keller, Andrea Drivers License K460016797260 6/26/2022 Ledbetter, Amanda Drivers 'License L313011909010 11/1/2020 Lucy, Ryan D Drivers License L200724831630 5/3/2017 - Mace, John Drivers License M200476820540 2/24/2020 Marton, Chris Drivers License M635-113-83-470-0 12/30/2019 Masters, Daniel Drivers License 'M236170903260 9/6/2020 McCorkle, James Drivers License M262-465-88-027-0 1/27/2018 Myers, Andrew Drivers License M620013900270 1/27/2020 Neisius, Sarah Drivers License N220781737451 7/5/2021 Parrish, Kristopher, FTO Drivers License P62051287425Q 11/25/2011 Phillips, Lorne Drivers License P412530898640 10/4/2021 Reid, Sheila Drivers License k300-785=78=508=0, 1/8/2021 Reinhard, Rochelle Drivers License R563730666860 5/26/2017 Reuther, Matthew. Drivers License k360556900170- 1/17/2020 Selph, Tanner Drivers License S410815932960 8/16/2023 Shade;Jeremiah-B Dr vers License 5300422770290_ z: 1/29/2023. Skinner, John Drivers License S560464_863050 8_/25/2022 Snead; asper . Drivers; License: =^ 5530`-438`-86'04.6;0 _ .. '=2%6%2019 Strandell, Heather L Drivers License S365332886110 3/31/2016 142 Suba; Gabriel Tippins, Eric J Virgin, Spencer Visser, Tjeerd Weatherly, Michael G Young, Alberto Drivees License 510028b862670= Drivers License T152210714270 Drivers License -V625=785-74-242=0- Drivers License V260800661740 Drivers License W364-547-70-189-0 Drivers License Y520-010-82-139-0 `.7/27/2017 11/27/2018 7/2/2019 5/14/2018 5/29/2019 4/19/2018 143 PI$7 o All EVOC Certifications On Record in Cost Center 2500 144 Ahmad -Khan, Robert, FTO AR6016 2500 EVOC. - Almanza, Linda AL4693 2500 EVOC Alvarei, Jason AJ5533 2500 EVOC Avers, Andrew A AA2472 2500 EVOC Bacelo;. Michael,- FTO . Bfv19003 _ . . ; 250O'EVOC. Bernier, Edgar 678 2500 EVOC Bon a�olta 'Rob -eft 2500 EVOC` Bottoms, Erik 0 BE0702 2500 EVOC Burris, Joshua - _'6J95.f5 Chiriboga, Sebastian A 630 2500 EVOC Cotieri;;Rhoebe2500=EVOC ..._. Crespi, Alexander J 596 2500 EVOC poyle;CFiristopFier W;- <`D'CO3&1F" 1n-250 EV 3- Fersch, Kayla 667 2500 EVOC o °at an'fv1:- �:,.� ._-<. _a`650£�n� � ,��:=2500:�•EVOC�'=�.. _�=;�,.�•;=- Habib, Joseph, FTO HJ4087 2500 EVOC Haggerty; Patrick HP9778- 2500 EVO�C° Hanson, Edward HE8832 2500 EVOC Henderson, Mario HM4 T55,- r ` EVOCr L,2500 Higgs, Julie M HJ6490 2500 EVOC Holden, Victoria 702-1-;2500 EVOG: a` Hord, Denise W HD2395 2500 EVOC Hunter, Christopher 'H6016 2500 EVOC Keller, Andrea PA7889 2500 EVOC Ledbetter, Amanda 1A5718 •' :2500, EVOC Lucy, Ryan D 618 2500 EVOC Mace;=lJohhi, MJ321;7 Marton, Chris 696 2500 EVOC Kilasters; Daniel. �= MD7 :4y� .> °- = .,EV; Myers, Andrew MA1183 2500 EVOC Neisius;,Sarah' _. `N57920 : - ° 2500 ,EVOC Parrish, Kristopher, FTO PK4310 2500 EVOC -''--;:ism ,. ;. Pfiillips'Lome=vPL28.70kt, .,,. .. -.r:_...- '• = & j: i-� u��zx. - r:-° •d..-,.: = '"<;'c•r .. 2500EVO G . „^ . Reid, Sheila RS4894 2500 EVOC m. --� Reuther; dvlatthew. sRfv15 I,,A _. ,.. _ -500''`_;..- Selph, Tanner 554 2500 EVOC 5hz de .Jeremial ;B `'`624; - rf' " 2SOo, EVOG Skinner, John SJ5606 2500 EVOC .:.£; She ad"<°Jasper' _ = 1.694 ,4A,:"~.;•~ .-:.'::25;OOE0O04- Strandell, 569 2500 EVOC _Heather_L Suba�-Gabriel` - - -`� .. s,,_....•- :. _ , - _-,�.:.:-....--�;-r- 'x.-`-1 _ � - SG122'.T-:°='22500:EVOG Tippins, Eric 1 TE0529 2500 EVOC 144 Viigirr5penee� Visser, Tjeerd Weaffieely- Michael G Young, Alberto 2500-E000 -i6o VT8337 2500 EVOC 14' WM8-77_0: EVOC- 676 2500 EVOC 145 All PARAMEDIC Certifications On Record Ahnna0'Khb-n.Rob6rt,FTO ' ' /Unnanza, Linda 2500 PARAMEDIC PMD 522577 12/1/2016 Alvarez, Jason 2§0o -`A |C 'f��"k 17/1/1016 Avers, Andrew A ' 2500 PARAMEDIC PMD 507017 12/1/2016 8ace|o\Mibhae|' '..2-`8: I' _n66 Bernier, Edgar 2500 PARAMEDIC P�D513S46 12/1/2016 oona/ta�wmecn. Bottonls,Erik O 2500 PARAMEDIC P��DS1O67-' |2/1.2['' - . --- B �� ^ "u/^pYp.� . __�_ [hihbooa Sebastian 2S�O PARAMEDIC !�� ZO Z 53O3 1Z/1/ZO1G �ohe��PhY��b"e' ` ' - ' ".21000 [respiAlexander ] 2500 PARAMEDIC 527801 12/1/2016 N. I NOR U�� Fersch, Kayla 2500 PARAMEDIC 529O �8 12/1/2016--- G|Uck'j)6n�than "`1500 Grivas,Khstina 2500 PARAMEDIC 526296 12/1/2016 Habib, Joseph, FTD ' 25�PARAM ' D|C PM�6086 12'1/201 MaQgerty, Patrick 2500 PARAMEDIC PK4DS22611 12/1/2016 Hanson, Edward. -��/�i�i� Henderson, Mario 35OOPARAK4ED|C PMD 517353 1Z/1/2O16 Hig8to�u|i�� ' �/�+�� 12/1/�v�p Holden, Victoria 168 PARAMEDIC 526878 12/1/20I6 HonL�e��e- ' 7��'. � 1� � ~ - ---- - ._~_' , -----, Hunter,Christopher 2500 PARAMEDIC PMD 1/2016 Kdl|e 'WDNS-135 '11/10116 Ledbetter, Amanda 2500 PARAMEDIC PIVID523602 1�1�16 ' � Luq\�' h^D Mace, John 2500 PARAMEDIC PK4D61429G 12/1/2016 ---`—ris �� ' '�� -v.,n`'�u*^`�+�a��e��*/'��/�/�v�o Masters, Daniel 2500 PARAMEDIC PMD 524373 12/1/2016 6-0Myers, Andrew 2500 PARAMEDIC PIVID 523601 12/1/2016 ^ 117 .2-1 TOT Nielsen, Alex J 2000 PARAMEDIC 528739 12/1/2016 Phillips,Lorne 3500 PARAMEDIC �,��~»�' {� �� _ ��' Reinhard, Rochelle 2500 PARAMEDIC 11954 1Z/1/2O16 Ufh- K1' ~` ^' '^' ~~ ' ' � �fi r"mv�xmw�w 3e/ph, Tanner 2500 PARAMEDIC PMD 529068 12/1/2016 146 Skinner, John 3neadJa-sper Stnande|[Heather L Suba,13abfie| Tippins,Ehc] Virgin,Spencer Visse�Tjeend W ker�'K4itha-6|G Young, Alberto 2500 PARAMEDIC 256o; 2500 PARAMEDIC 2500 PARAMEDIC %!.0 [ 2500 PARAMEDIC 2500 PARAMEDIC PK4D519U7l 17/1/3016 ~r 12/1/ '16 524343 12/1/2015 �2, 261^ PMD 14350 12/1/2016 PMDl43S6 12/1/2016 ' -Y1J ~~.'=,��, '��jy+�� ,-'-'�--r520332 12/1/2016 147 All County Ambulance Published Rates 2015 Ambulance Base Rate Mileage Rural Mileage Waiting Time Per 1/2 Hr ALS IR Rural $505.00 ALS Non -E Rural $470.00 ALS Non -E $455.00 ALS -2 $690.00 BLS IR Rural $386.00 BLS Non -E Rural $257.50 Mileage $9.55 Mileage Rural $12.75 SCT $927.00 Waiting Time First 30 min Free Wheelchair/ Stretcher Non -Medical Stretcher $100.00 $4.50 Wheelchair Service $70.00 $3.50 "The rates listed above are one way transports $30.00 148 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 23, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrato Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manag r CONSENT AGENDA SUBJECT: Approval of Award for Bid 2016018 — Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling BACKGROUND: The Department of Utility Services requested the solicitation of sealed bids for the operation of the Biosolids facility, which accepts domestic residuals, septage and grease from County WWTFs, local septic tank haulers and recreational vehicles. The facility operation and related services are currently provided by Synagro South, LLC, as a result of Bid 2010029. BID RESULTS: Bid Opening Date: Advertising Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies: January 19, 2016 December 17, 2015 582 Subscribers 36 Vendors 2 Vendors Wit• `_' - 7'� •-ar. .. r."yid � =' `�Bidde�� s . �} �' '�� 3-"Tnof �: `' X' :1Haulingt�o h '' ,. ,•�.. ,� i<i a` ' »'� Si'ay`FS� 3=:XT .d+. nual' Pricefor a Landfill s�`"y'�' ;y?h '� J _ ` � • J",},t'` IN nP nual. r"-iee� for Operatio'P , � � _ � ,yp` Total A�p. rinual e'L.�., t. - tai �a.` '�� M'�`- - , Synagro South, LLC Baltimore, MD $385,000.00 $512,500.00 $897,500.00 Merrell Bros., Inc. Kokomo, IN $277,300.00 $743,750.00 $1,021,050.00 ANALYSIS: Expenditures in FY 14/15 for sludge hauling and dewatering were $681,611.00, or an average of $56,800.92 per month. The proposed contract will result in an increase of $17,990.75 per month to $74,791.67, with a total annual increase of $215,889.00. The Department of Utilities Services has reviewed both bids received and has presented a recommendation of award, which is on file with the Purchasing Division. The term of the proposed 149' CONSENT AGENDA award is three consecutive years with the option to extend two additional 12 -month periods upon mutual consent. SOURCE OF FUNDS: Funding will come from the Utilities operating funds, which are derived from water and sewer sales. Due to an increase in the per unit price for each service (as detailed below), a budget amendment for approximately $260,000 will be needed to cover shortages in the amounts currently available to cover these expenses. Estimated Cost Analysis Differences between the old and new bids: Sludge Hauling Costs — Per unit pricing increased from $0.021/gal to $0.0275/gal, (31% increase in price). Sludge Processing Costs — Per unit pricing increased from $179/dry ton to $205/dry ton (14.5% increase). In summary, the original bid was for an estimated $450,185 for processing and $168,000 for hauling. The current bid is for $512,500 for processing and $385,000 for hauling. ��;—��'�R�• A►ccouritNumber ;� '�, ,M :�•�.-+:F ��'��#Lf.-�f.`•�k-:1S'�"� :p..s�5'i "Vj-�- -�_-..-�. '-,iri�''t'�• AccountfDescription E _ rF,:Y15/�16AvailatileyBudget r �• +" r �R na^ s T`�' '- •'.,.'` �=' m �^...5� 'Lt�'..c. �` • •r" . ;1r3a: max= -._ t6-'�+.r..�y�,.,,_ LsrSii,`?v.,._ i=a� _ "ri = ' ��.�=dfti.3_',i�. N F�,> _ 'Tr . �Cy-Z"�fiiuo 'n - �_. .7�':�'"Fr• �c•'�""-?. 1 ° i .a rY'-r ,�'��:.F'��..'•lS�_.5.�"�" �.2t`± 47125736-033190 Sludge — Other Professional Services $346,000 available (about additional $60,000 needed) 47121836-044730 Sludge Removal $330,000 available (about $105,000 additional needed) RECOMMENDATION: Staff recommends the Board award Bid 2016018 to Synagro South, LLC. Staff further recommends the Board approve the attached agreement and authorize the Chairman to execute it upon: review and approval by the County Attorney as to form and legal sufficiency, the approval of the required Public Construction Bond by the County Attorney, and the review and approval of the required insurance by Risk Management. Attachment: Agreement APPROVED AGENDA ITEM BY: Id. ph Al. Baird, County Administrator FORD March 1, 2016 it/►'1►'�1<��11[� r M.10=7MM, N 150 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling. ARTICLE 2 — WORK START The CONTRACTOR shall commence Work on March 1, 2016. ARTICLE 3 - GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; as specified herein in accordance with the plans and specifications. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide a Public Construction Bond for all work in this Agreement. All work under this Agreement shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Agreement on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. ARTICLE 4 - CONTRACT PRICE The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Agreement, based on the items of work set forth in the CONTRACTOR'S Bid Form. The CONTRACTOR's price at the time of delivery of goods and services will be the price set forth on the Bid Form. The CONTRACTOR, by January 1 of each year, shall notify Indian River County in writing of any proposed price schedule changes with justification for each change. Indian River County will either accept the proposed changes or decline to accept the, price changes within thirty (30) days and ask for negotiation. Page 1 of S 151 ARTICLE 5 - PAYMENT PROCEDURES Payments: OWNER shall make payments on account at the Contract Price on the basis of CONTRACTOR's Invoices for Payment at intervals not less than once each month during performance of the Work. In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Agreement. ARTICLE 6 - INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. ARTICLE 7 — AGREEMENT PERIOD This Agreement shall be binding on the parties for a period of three (3) consecutive years from the date of this Agreement by both parties unless terminated earlier in accordance with its terms. Indian River County may extend the term of this Agreement for up to two (2) additional terms of twelve (12) months each on the same terms and conditions. ARTICLE 8 - CONTRACT DOCUMENTS The Contract Documents consist of the following: 1. This Agreement (pages 1 to 5, inclusive); 2. Public Construction Bond (pages_ to__, inclusive); 3. Certificate(s) of Liability Insurance 4. Invitation to Bid 2016018 5. Addenda (numbers 1 to 2, inclusive); 6. CONTRACTOR'S Bid Form (pages 15 to 17 of 28 , inclusive); 7. Bid Bond (pages 1-3 inclusive); 8. Affidavit of Compliance (page 18 of 28 ); 9. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 19 to 20 of 28 , inclusive); Page 2 of 5 152 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Agreement A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Page 3 of S 153 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 9.07 Force Majeure A. Any non-performance of the terms or conditions of this Agreement caused by or resulting from an event of Force Majeure (as defined below) shall not constitute a violation or event of default. For the purposes of this Agreement, the term "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of governments, civil disturbances, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure. Page 4 of 5 154 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Bob Solari, Chairman By: Joseph A. Baird, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: �� By: . x 4 - Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Richard Meckes Title: Wastewater Superintendent Utilities Operations 4350 4151 Street Vero Beach, FL 32967 (772) 226-3400 Facsimile: (772) 226-3419 Page 5 of 5 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 155 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator • THROUGH: Christopher R. Mora, P.E., Public Works Director OVX--- FROM: Manny Cabo, Telecommunications Manager SUBJECT: Proposed Dark Fiber Lease Agreement with the City of Fellsmere DATE: February 24, 2016 BACKGROUND The Indian River County Telecommunications Division received a request from the City of Fellsmere for dark fiber optic services. These dark fibers can be provided by the County through the lease of County fiber optic cable that currently exists within the County Road 512 right-of-way. The City of Fellsmere desires to connect a fiber optic cable between the Fellsmere City Hall Building and the new Fellsmere Welcome Center which is presently under construction on the northwest corner of County Road 512 and Interstate 95. The proposed fiber optic connection will be used by the City of Fellsmere to provide governmental network services to the Fellsmere Welcome Center. Fellsmere proposes to lease two fiber strands from the existing 48 -fiber cable. ANALYSIS "Dark fiber" is a telecommunications industry term which describes a dedicated fiber optic data link between two or more sites with no electronic network equipment installed at either end. It is referred to as "dark" because no light, and therefore no data, is presently being transmitted over the glass strands. In other words, it is unused (spare) fiber capacity. Under the proposed lease agreement, it would be the City of Fellsmere's responsibility to design, install and maintain all of the required electronic equipment and service cable(s) necessary to facilitate network communications over the dark fiber provided by the County. The County would be responsible for maintenance of the existing fiber optic cable, which the County already maintains. The County would not be responsible for monitoring the status of the leased fibers --- that would be the responsibility of City of Fellsmere. The County's responsibility would be limited to maintenance of the existing fiber cable. F:\Public Works\Luanne M\Telecommunications\Agendas\City of Fellsmere - Dark Fiber Lease Agreement BCC 03- 156 01-16.docx Page 2 BCC Agenda Item: Proposed Dark Fiber Lease Agreement with City of Fellsmere February 24, 2016 FUNDING Since the fiber cable is already maintained by the County, there is no cost to the County associated with this project. Under the proposed dark fiber lease agreement, the City of Fellsmere will compensate the County for use of the fiber at a rate of $100 per fiber per mile per month, or an estimated compensation of $640 per month. The actual monthly rate may be slightly higher or lower, depending on final OTDR measurements. ALTERNATIVES 1. Approve the proposed dark fiber lease agreement with the City of Fellsmere. 2. Deny the agreement and continue negotiations with the City of Fellsmere. 3. Deny the agreement and terminate the project. RECOMMENDATION Staff recommends Alternative #1 --- Approve the proposed dark fiber lease agreement with the City of Fellsmere. The lease agreement has already been approved by the Fellsmere City Council. ATTACHMENT City of Fellsmere - IRC dark Fiber Optic Service Term Sheet IRC - DFL Link Proposed Route IRC - City of Fellsmere Dark Fiber License Agreement APPROVED AGENDA ITEM Indian River County ADprtWed Date Administration (69/ Budget �L County Attorney2 Public Works C11-1— A12111,16. Telecommunications Re* Memeqeme"�-- F-\Public Works\Luanne M\Telecommunications\Agendas\City of Fellsmere - Dark Fiber Lease Agreement BCC 03- 157 01-16.docx TERM SHEET PROPOSED INDIAN RIVER COUNTY / CITY OF FELLSMERE DARK FIBER LICENSE AGREEMENT (Page 1) 1. Indian River County (IRC) proposes to enter into a license agreement with the City of Fellsmere, to lease IRC "dark" fiber (i.e. unused fiber optic communications cable capacity) for use by the City of Fellsmere. 2. The lease agreement will provide 2 dark fibers (2 -fiber strand circuit of IRC fiber optic cable) between the City of Fellsmere - City Hall site, located at 22 South Orange Street, Fellsmere, Fla. 32948, and the new City of Fellsmere / Indian River County - Welcome Center, located at 11200 CR -512, Fellsmere, Fla. 32948. The proposed dark fiber optic link between these two locations is currently estimated to be 3.2 miles in length. 3. Representing City of Fellsmere in this agreement is Mr. Jason Nunemaker, City Manager of the City of Fellsmere. Representing IRC is Mr. Manny Cabo, IRC Telecommunications Manager and Mr. Chris Mora, IRC Public Works Director. 4. The term of the agreement will be 5 years, with 3 automatic 5 -year renewals (total agreement length = 20 years) unless either party gives 90 days (minimum) notice of non- renewal. License will commence when fiber optic testing is completed, and the new DFL ( Dark Fiber Link ) service is established by IRC. 5. The license payment amount to IRC will be $100.00 per fiber strand, per mile, per month. For the use of 2 dark fibers at a distance of 3.2 miles, the total monthly payment to IRC will be (100 x 2 x 3.2) = $640.00 per month. The fiber length of 3.2 miles is a preliminary estimate, and will be adjusted later to reflect actual OTDR mileage. City of Fellsmere should be aware that the actual measured mileage, and consequently the payment amount, may increase or decrease slightly, based on final OTDR test results. 6. City of Fellsmere (licensee) will be responsible for all fiber service installation and connection costs, including but not limited to, the installation of fiber cables from existing IRC fiber cables within the road right-of-way, into each City of Fellsmere property detailed in item #2 above. 158 TERM SHEET PROPOSED INDIAN RIVER COUNTY / CITY OF FELLSMERE DARK FIBER LICENSE AGREEMENT (Page 2) 7. IRC will coordinate connection of the fiber service links between the City of Fellsmere properties listed in item #2 above. City of Fellsmere and/or assigned representatives will be responsible for connection to IRC fiber at each end of the IRC fiber service demarcation point. IRC will not be responsible for servicing, maintaining, or monitoring any customer equipment connected to IRC fiber. 8. All fiber cables and termination hardware upstream of the designated demarc points will remain the property and maintenance responsibility of IRC. Downstream of the demarc points, the licensee will have ownership and all maintenance responsibility. 159 k `��*�� . _ M.SY l 'a) a -it ,oI4 LICENSE AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE CITY OF FELLSMERE, FLORIDA FOR THE USE OF DARK FIBER OPTIC CABLE THIS LICENSE AGREEMENT is made this day of March, 2016 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27TH Street, Vero Beach, Florida 32960 (hereinafter "IRC' and as further defined in Article 2, below) and the CITY OF FELLSMERE, a political sub -division of the, state of Florida, whose mailing address is 22 South Orange Street, Fellsmere, Florida 32948 (hereinafter "LICENSEE" and as further defined in Article 2, below). WITNESSETH: WHEREAS, IRC has constructed and may cause to be constructed, from time to time, a Fiber Optic System which will be employed to facilitate the availability of state-of- the-art telecommunications; and WHEREAS, pursuant to the Fiber Optic Cable System Maintenance Agreement with the Florida Department of Transportation and the Revised & Restated Joint Fiber Optics Project Interlocal Agreement, IRC is allowed to use a certain number of fibers for non -traffic, public purposes; and WHEREAS, IRC desires to make a portion of the Fiber Optic System available for use by LICENSEE under the terms and conditions set out in this Agreement; and NOW THEREFORE, IRC authorizes LICENSEE to use a portion of the Fiber Optic System in accordance with the Provisions hereof, and LICENSEE will use a portion of the Fiber Optic System in accordance with the Provisions hereof and all applicable Federal, State and local laws. In consideration of the mutual covenants contained herein and for other good and valuable consideration, the Parties agree as follows: ARTICLE 1 ADOPTION AND INCORPORATION OF RECITAL AND INCORPORATION OF EXHIBITS 1.1 Adoption & Incorporation Of Recital. The above recital is true and correct and by this reference is incorporated herein and made a part hereof. 1.2 Exhibits. The following attached Exhibits are hereby incorporated into and made a part of this Agreement: Exhibit "A" - Route Diagram Exhibit "B" - Fiber Specifications and Connection Details Exhibit "C" - Contact List and Outage Notice Form 161 Exhibit "D" - Sample Notice of Acceptance Exhibit "E" - Sample Notice of Termination Without Cause Exhibit "F" - Sample Notice of Termination With Cause Exhibit "G" - Sample LICENSEE's Notice of Termination Without Cause Exhibit "H" - Sample Notice of Disconnection ARTICLE 2 DEFINITIONS OF SPECIAL TERMS Definitions. When used herein with initial or complete capitalization whether in the singular or in the plural, the following terms shall have the following meanings: "Agreement" means this License Agreement between IRC and LICENSEE for the use of Dark Fiber. "Business Day" means any Day, except a Saturday, Sunday and any Day observed as a legal holiday by IRC. "Charge" means any assessment or fee other than the License Fee and a Tax. "IRC" means the government of INDIAN RIVER COUNTY, Vero Beach, Florida, whose mailing address is 1801 27TH Street, Vero Beach, Florida 32960. "Commencement Date" means the date on which this Agreement is approved by the IRC Board of County Commissioners, the date on which dark fibers are made available to LICENSEE. "CPI Adjustment" refers to the annual increase in the License Fee that may occur at the start of each and every year following the first (15') year of the Agreement. The first yearly CPI Adjustment shall occur January 1 St after a full year of the Initial Term has 'elapsed. The "CPI Adjustment" shall be determined in accordance with the percentage change in index known at the time this Agreement is executed as the "United States Bureau of Labor Statistics Consumer Price Index (CPI) For All Urban Consumers" using the most recent October to October Reports by applying the following formula: (Current monthly License Fee) x (percentage increase as reported in the most recent CPI or if the CPI no longer is published, then as reported in its successor index) = the CPI Adjustment amount. "Dark Fiber" means a Fiber without the equipment necessary to transmit signal communications. "Day" means any calendar Day, unless a Business Day is specified. 2 162 "Demarcation Point" means a point at or about eighteen (18) inches outside of where IRC's connective device enter LICENSEE's Property, or any part thereof, or LICENSEE's Premises, or any part thereof, and it defines point where issues of ownership and maintenance begin and end for the Parties. The Demarcation Points are identified on Exhibit A as incorporated herein. "Early Termination Date" means the Day on which the termination of the Term hereof becomes effective due to a termination for cause or due to an early termination for convenience as described in Article 3 of this Agreement. "End Point" means the beginning or termination point for a Licensed Fibers Route. "Expiration Date" means the Day on which the Term hereof expires. "Extension Term" shall_ have the meaning set forth in Section 3.3 hereof. "Fiber" means an individual optical fiber contained within a Fiber Optic Cable. "Fiber Acceptance Date" means the Day on which the Licensed Fibers of a specified Licensed Fibers Route are accepted as operational and so indicated by LICENSEE's execution of the Notice of Acceptance, or are deemed accepted as operational (in accordance with Article 11) by LICENSEE in accordance with the Performance Specifications. "Fiber Optic Cable" means the packaging of one or more optical fibers into a larger cable for protection and convenience. "Fiber Notice" is the written notification from IRC to LICENSEE of the availability of the Licensed Fibers. "Fiber Notice Date" is the date that LICENSEE receives the Fiber Notice. "Fiber Optic System" is the Fiber Optic Cable, conduit, attachments, boxes, and related infrastructure owned, controlled or used by IRC and made available for licensing. "Fiber Span" is the distance of Fiber Optic Cable between splice housings or boxes. "Force Majeure" means the occurrence of any event that has, had or may have an adverse effect on the design, construction, installation, management, operation, testing, use or enjoyment of the 3 163 Telecommunications Infrastructure, LICENSEE's Property, or the Licensed Fibers, which event includes, but is not limited to, an Act of God, an irresistible superhuman cause, an act of a superior governmental authority, an act of a public enemy, a labor dispute or strike or a boycott which could not be reasonably contemplated by the Party affected thereby, a defect in manufactured equipment (including, but not limited to, Dark Fiber), fire, floods, hurricanes, tornadoes, earthquakes, or any other similar cause. "Hazardous Materials" means any substance or material which has been determined by any Agency, including IRC, to be capable of posing risk of injury to health, safety, and property, including petroleum and petroleum products and all of those materials and substances designated as hazardous or toxic by the United States Environmental Protection Agency, the Florida Water Quality Control Board, the United States Department of Labor, the Florida Department of Industrial Relations, the Florida Department of Health Services, the Florida Health and Welfare Agency in connection with the Safe Water and Toxic Enforcement Act of 1986, the United States Department of Transportation, the United States Department of Agriculture, the United States Consumer Product Safety Commission, the United States Department of Health and Human Services, the United States Food and Drug Administration or any other Agency now or hereafter authorized to regulate materials and substances in the environment. "Improvement" means any addition, alteration, betterment, construction or modification to the backbone, LICENSEE's Property, property or other physical structure which now or hereafter is constructed within the Public Rights -of -Way and used in connection with this Agreement. "Initial Term" means that period of time (more particularly described in Section 3.2, hereof) from the Commencement Date until the Initial Term's termination. "Junction" means a location where equipment is installed for the purpose of connecting communication transmission paths. "Junction Site" means the area within the Transmission Pathway at which a Junction is located. "Law" means any administrative or judicial act, decision, bill, certificate, charter, code, constitution, opinion, order, ordinance, policy, procedure, rate, regulation, resolution, rule, schedule, specification, statute, tariff, or other requirement of any district, local, municipal, county, joint powers, state, or federal agency, or any other Agency having joint or several jurisdiction over the Parties to this Agreement, in effect either at the Commencement Date or during the Term hereof, including, without limitation, any regulation or order of an official or quasi -official entity or body. 4 164 "License Fee" (in general) means the amount paid by LICENSEE to IRC for the license and privilege of using, directly, the Licensed Fibers and, indirectly, all other parts of the Telecommunications Infrastructure. The term "License Fee" is more particularly described in Article 5, below. "Licensed Fibers" means one (1) or more (the specific quantity is set forth in Article 4) single mode Dark Fiber, in linear configuration, comprising a part of the Telecommunications Infrastructure which is dedicated to the exclusive use of LICENSEE in accordance with the Provisions of this Agreement. "Licensed Fibers Route" means a defined path of Licensed Fibers which is identified by speck End Points. "Licensed Service Properties" means the private real properties occupied or used by IRC for the purpose of providing services to one or more of IRC's customers, and related services offered by IRC's water / wastewater utilities, the rights of occupancy or use of which were acquired by contract. "LICENSEE" means City of Fellsmere, with an address of 22 South Orange Street, Fellsmere, Florida 32948, its directors, officers, employees, agents and licensees and its successors and permitted assignees. "LICENSEE's Premises" means the real property and all Improvements and other appurtenances thereon owned or leased by LICENSEE, in existence either at the Commencement Date or during the Term hereof and not located within the Public Rights -of -Way and the Public Easements. "LICENSEE's Property" means and includes, without limitation, all amplifiers, antennas, boxes, cabinets, cables (including coaxial cables), circuits, conduits, conductors, converters, copper wires, decoders, demodulators, electronics, encoders, equipment, Fiber Optic Cable, generators, hubs, innerducts, lasers, manholes, microwave, modulators, nodes, patch panels, processors, receivers, Splice boxes, switches, terminals, traps, vaults, wires, wireless transmitters and receivers and other similar transmission equipment owned, leased or used by LICENSEE, in existence either at the Commencement Date or during the Term hereof and located within the Public Rights -of -Way. "Make Ready Work" is the work necessary in order to accommodate relocations, or the construction of new installations, of Fiber Optic Cable. "Notice of Acceptance" shall have the meaning set forth in Section 11.1 and Exhibit "D". 5 165 "Party" (collectively, "Parties") means IRC or LICENSEE (or both, when collectively referred to), and their directors, officers, employees, and duly authorized agents and representatives. "Performance Specifications" shall have the meaning set forth in EXHIBIT "B" "Person" means any individual, for profit corporation, nonprofit corporation, limited liability company, partnership, limited liability partnership, joint venture, business trust, sole proprietorship, or other form of business association. "Poles" mean those Poles, to which electric power transmission and distribution lines, or communications lines, or both, are attached. "Provision" means any agreement, circumstance, clause, condition, covenant, fact, objective, qualification, restriction, recital, reservation, representation, term, warranty, or other stipulation in this Agreement or in Law that defines or otherwise controls, establishes, or limits the performance required or permitted by any Party hereto. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. "Public Rights -of -Way" means the areas owned, occupied or used by IRC and other governmental entities or agencies, for the purposes of transmitting and distributing electricity, water, sewer, storm drain, refuse or communications commodity and/or distribution service, and the means of public transportation, to the general public, including but not limited to, the public alleys, avenues, boulevards, courts, curbs, gutters, lanes, circles, drives, terraces, places, roads, sidewalks, sidewalk planter areas, streets, and ways, in existence either at the Commencement Date or at any time during the Term hereof. "Public Easements" means any strip of land for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which land shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. "Route -Mile" means a unit of measurement of the length of Dark Fiber as set forth in Exhibit "A". For the purposes hereof, a linear mile of Dark Fiber is equal to one (1) Route -Mile of Dark Fiber, but this does not include any slack Fiber Optic Cable that may be incorporated into the design of the Telecommunications Infrastructure, or any part thereof. 166 "Sole Discretion" means, whenever a Provision rests in the "Sole Discretion" of an individual representing a Party to this Agreement, then that individual must base a decision upon factors as is deemed appropriate by that individual, and that individual shall not be required to state any reason for the decision. The other Party affected by the decision may not compel a contrary or different decision on any such matter, and notwithstanding any other Provision hereof, the individual exercising the "Sole Discretion" shall not be liable to the other Party for any effect of the decision. "Splice" means a point where two separate sections of Fiber Optic Cable are physically connected. "Tax" means any assessment, Charge, imposition, license, franchise fee or levy (including any utility users tax, telephone tax, or telecommunications tax) in effect either at the Commencement Date or during the Term hereof and imposed by any Agency, including IRC. "Telecommunications Carrier" means a Person who is lawfully authorized to provide telecommunications services. "Telecommunications Infrastructure" means the Poles, boxes, handholds, manholes, vaults, conduits, innerducts, surface location markers, cables (including coaxial cables, Drop Cables, Fiber Optic Cable and messenger cables), wires (including copper wire), circuits, conductors, Splice enclosures, patch panels, cabinets, converters, generators, amplifiers, receivers, switches, wireless transmitters and receivers, and all other equipment or facilities containing the Dark Fiber or to which the Dark Fiber is attached, owned, controlled or used by IRC, in existence either at the Commencement Date or during the Term -hereof and located overhead or underground within the Public Rights -of -Way, the Public Easements and Licensed Service Properties. "Term" means the Initial Term or the Extension Term, or both, whichever may be applicable. 'Transmission Pathway" means those areas of the Public Rights -of -Way, the Public Easements and the Licensed Service Properties in which the Telecommunications Infrastructure is located. ARTICLE 3 TERM AND TERMINATION 7 167 3.1 Commencement. This Agreement shall commence on the date on which this Agreement is approved by the IRC Board of County Commissioners, the date on which dark fibers are made available to LICENSEE. 3.2 Initial Term. This Agreement's Initial Term shall be five (5) years beginning on the Commencement Date, provided however the Initial Term may be terminated earlier in accordance with Sections 3.4, 3.5 and 3.6 and Article 19 below. 3.3 Extension Terms. This Agreement shall be automatically renewed for three (3) additional five (5) year terms, provided, however, any Extension Term may be terminated earlier in accordance with the Provisions set forth in this Article 3 and Article 19. 3.4 Termination By IRC For Convenience. This Agreement may be terminated for convenience by IRC, and termination hereof shall become effective ninety (90) days after the Day on which such notice of termination, in writing, is received via certified mail by LICENSEE, or on the expiration hereof, whichever date first occurs. In the event IRC terminates this Agreement for convenience, LICENSEE shall .not be liable for the remainder of the License Fee for monthly installments due after the Early Termination Date (for convenience). If IRC terminates this Agreement for cause, LICENSEE shall be liable for the entire License Fee. 3.5 Termination By LICENSEE For Convenience. LICENSEE may terminate this Agreement without cause, upon providing IRC with ninety (90) Days' written notice and payment of the liquidated damages set forth below (if applicable). If LICENSEE terminates this Agreement without cause prior to the expiration of the fifth year of the Initial Term, LICENSEE shall pay to IRC, as liquidated damages, a lump sum payment equivalent to the sum of the License Fee installments which LICENSEE would have paid through the fifth year of the Initial Term, plus accrued interest on any past due installments minus License Fee installments already paid to IRC. 3.6 Termination For Cause. The Parties may terminate this Agreement for cause in accordance with the Provisions set forth in this Article 5 and Article 19. 3.7 Termination If IRC Classified As Telecommunications Company. By entering into this Agreement with LICENSEE, IRC does not intend to, and shall not, be classified as a telecommunications company, Telecommunications Carrier, telecommunications service or any other telecommunications entity, nor to come under the existing or future jurisdiction or regulation of any State or Federal regulatory agency as a telecommunications company, including, without limitation, the Federal Communications Commission (FCC) or the Florida Public Service Commission (FPSC). If, however, a proceeding is commended in which it is sought to classify IRC as a telecommunications company, LICENSEE and IRC shall cooperate with each other to determine whether and to what extent the Agreement can be amended to remove that classification. If the Agreement cannot be so amended or if there is no Agreement as to such amendment, then IRC may terminate this Agreement immediately upon agency or court order or approval of such termination, or at the Sole Discretion of IRC, after fifteen (15) Days' prior E:7 168 written notice to LICENSEE (even if IRC has already terminated this Agreement for cause or convenience) and IRC may disconnect the Dark Fiber licensed to LICENSEE under this Agreement as provided in Section 3.9, below; provided, however, if IRC becomes certified by the FPSC as a telecommunications company, this Agreement shall remain in full force and effect. 3.8 Even If IRC Has Already Terminated For Convenience -- Can Still Terminate For Cause. Nothing in this Agreement shall be deemed or construed to prohibit the exercise of IRC's right to terminate for cause hereof at any time after IRC's right to terminate for convenience hereof has been exercised but has not yet become effective. In the event of a conflict between the effective date of a notice of termination for cause and the effective date of a notice of termination for convenience, this Agreement shall terminate on the earlier of the Early Termination Date or the Day on which the notice of termination for convenience becomes effective. 3.9 IRC's Right To Disconnect. In the event that IRC or LICENSEE terminates this Agreement for convenience or for cause, as set forth above, upon termination of this Agreement IRC shall have the right after five (5) Days' prior notice to LICENSEE to disconnect LICENSEE from the Licensed Fibers. IRC shall not be liable to LICENSEE for any direct or consequential damages suffered by LICENSEE resulting from IRC's disconnection of the Licensed Fibers. LICENSEE shall remove all of its property, if any, from the Public Rights -of -Way within thirty (30) Days of IRC's notice of disconnection. If LICENSEE fails to remove its property within thirty (30) Days LICENSEE's Property shall be deemed abandoned and IRC shall remove LICENSEE's Property as set forth in Article 10 below. ARTICLE 4 LICENSED FIBERS LICENSEE shall have the license and privilege of using directly Two (2) Licensed Fibers. IRC may license additional Fibers to LICENSEE at some time in the future depending upon availability and at fees to be determined (depending upon configuration, route, and current market conditions). ARTICLE 5 LICENSE FEE 5.1 License Fee — General. LICENSEE shall pay to IRC in United States dollars, monthly and in advance (as set forth in Section 5.2, below) a License Fee for the license and privilege of using, directly, Two (2) Licensed Fibers, and LICENSEE acknowledges and agrees that IRC shall be entitled to receive License Fees which are based, in part, on the recovery of the allocable direct and indirect costs of IRC to design, construct, install and maintain, and the right to earn a return on IRC's capital investment in, the Fiber and all items acquired by IRC to make the Telecommunications Infrastructure available for usage purposes. 9 169 5.2 License Fee — Base Amount. Subject to the CPI Adjustment set forth in Section 5.5, below, the License Fee for the Dark Fiber licensed by LICENSEE, as shown on the Route Diagram in Exhibit "A", shall be $640.00 per month. After the first (1St) year of the Initial Term, the License Fee shall be adjusted annually as set forth in Section 5.5, below. LICENSEE shall pay the License Fee in monthly installments, in advance, on or before the last Day of the month preceding the month to which the License Fee installment applies (e.g., May's installment shall be due on or before April 30th). The first installment shall be due on the Fiber Acceptance Date. IRC shall notify LICENSEE of adjustments to the installment amount. Payments for partial months shall be prorated. Payments not made in full when due shall be deemed delinquent. The License Fee shall not be reduced due to a term's early termination, except as provided for in Article 3, above. 5.3 License Fee Must Be Paid Even If LICENSEE Disagrees With Calculation. If LICENSEE fails to pay the License Fee installment when due, IRC shall notify LICENSEE that LICENSEE has failed to pay the installment. If LICENSEE does not pay the past due installment within thirty (30) Days of the License Fee's due date as set forth in Section 5.2 above, IRC may immediately terminate this Agreement, disconnect affected fibers, and all amounts due for the remaining portion of the Term of this Agreement shall immediately become payable to IRC as fixed, agreed and liquidated damages, and not as a penalty or a forfeiture. 5.4 Administrative Charge For Late Payments. An administrative Charge of Fifty Dollars ($50.00) or such higher Charge as may be established by IRC by Law shall be due and payable by LICENSEE for the cost of processing and handling LICENSEE's failure to pay the License Fees in accordance with the Provisions of Section 5.2, above. 5.5 CPI Adiustment. The License Fee shall be subject to an annual adjustment in accordance with the percentage change in the index known at the time this Agreement is executed as The Consumer Price Index for All Urban Consumers for the United States (hereinafter the "Index"), published by the United States Department of Labor, Bureau of Labor Statistics, which is published most immediately preceding the date on which the Extension Term commences. This adjustment shall be referred to as the "CPI Adjustment." If the Index is discontinued or revised during the Term of this Agreement, such other United States government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index has not been discontinued or revised. The CPI Adjustment shall not exceed five percent (5%). In no event shall the License Fee be less than the License Fee for the previous year. 5.6 Taxes, Franchise Fees. LICENSEE will pay, when they become due, any and all Taxes - if applicable, assessments, and governmental Charges of any kind whatsoever lawfully levied or assessed and attributable to LICENSEE's use of the Telecommunications Infrastructure or any portion of them. In addition, LICENSEE shall pay, or as appropriate, reimburse IRC, without apportionment, any ad valorem Taxes, fees, assessments or other Charges which are assessed against IRC that arise from LICENSEE's use of the Telecommunications Infrastructure or any portion of it. 10 170 LICENSEE shall not be responsible for any Taxes, fees or Charges, or portions thereof which are not directly attributable to LICENSEE's use or proportionate use of the Telecommunications Infrastructure. IRC shall be responsible for or pay any Taxes, fees, or Charges attributable to its ownership of the Telecommunications Infrastructure, if any, when such Taxes, fees, or Charges are not based on or imposed by virtue of LICENSEE's use of any such facilities or its receipt of License Fees from LICENSEE under this Agreement. In the event that IRC becomes a taxable entity, in whole or in part, then LICENSEE shall not be liable for any income Taxes imposed on IRC as a result of profits derived by IRC. ARTICLE 6 SPECIAL PROVISIONS [THIS ARTICLE IS INTENTIONALLY LEFT BLANK.] ARTICLE 7 LICENSEE's USE AND LIMITATIONS ON USE 7.1 Right Of Ingress And Egress Over LICENSEE's Premises. LICENSEE grants to IRC, its officers, employees, agents and representatives the right of ingress and egress over LICENSEE's Premises to engage in all actions reasonably necessary to interconnect LICENSEE's Property and LICENSEE's Premises, if any, with the Telecommunications Infrastructure, or any part thereof, and to engage in all scheduled and nonscheduled alterations, maintenance and repair work on Telecommunications Infrastructure, or any part thereof. 7.2 LICENSEE Agrees Not To Interfere With Telecommunications Infrastructure. Except as expressly authorized by applicable Laws or this Agreement, in the exercise and performance of its rights and obligations under this Agreement, LICENSEE covenants and agrees: 7.2.1. Obstruction And Interference With Telecommunications Infrastructure. LICENSEE shall -not do or permit anything to be done, including but not limited to alterations, maintenance and repairs, to IRC's Telecommunications Infrastructure and particularly the Licensed Fibers, except as provided for in Section 8.6, below. 7.2.2 Obstruction And Interference With Public Rights -of -Way. LICENSEE shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, Poles, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility, and municipal property without the express written approval of the owner or owners of the affected property or properties; 11 171 7.2.3 Hazardous Materials. LICENSEE shall not do or permit anything to be done in, on or about the Telecommunications Infrastructure, LICENSEE's Property or LICENSEE's Premises, if any, nor bring or keep or permit to be brought or kept therein, any Hazardous Materials or anything which is prohibited by or will in any way conflict with any Laws now in force or which may hereafter be enacted or promulgated, or which is prohibited by a standard form of fire insurance policy, or which will cause a cancellation of any insurance policy covering the Licensed Fibers, LICENSEE's Property, or LICENSEE's Premises, if any, or any part thereof or any of their contents; 7.2.4 Obstruction And Interference nth Others. LICENSEE shall not do or permit anything to be done within the Public Rights -of -Way or Public Easements or to permit that which will in any way obstruct or interfere with the rights of any Person located within the Public Rights -of -Way or Public Easements, or injure them, or use or allow the Public Rights -of -Way or Public Easements to be used for any improper or unlawful purpose; and 7.2.5 Legal Waste. LICENSEE shall not commit, cause, maintain or permit nor suffer, or allow to be committed, caused, maintained or permitted, any legal waste within the Public Rights -of -Way or Public Easements, nor any public or private nuisance, nor any other act or thing which may disturb the quiet enjoyment of any other Person lawfully using the Public Rights -of -Way or Public Easements. 7.3 LICENSEE Shall Comply With Applicable Laws. LICENSEE shall comply with applicable Laws in the exercise and performance of its rights and obligations under this Agreement and any other IRC permit issued to LICENSEE in connection with the location of LICENSEE's Property within the Public Rights -of -Way or Public Easements. LICENSEE shall obtain, as required, the approvals for the design, construction, installation and testing of LICENSEE's Property by IRC or county departments, boards or commissions, and secure an assessment of the impact that LICENSEE's Property may have upon the environment from a qualified licensed firm at the sole cost and expense of LICENSEE. ARTICLE 8 ALTERATIONS, MAINTENANCE AND REPAIRS 8.1 IRC's Duty To Maintain And Restore. IRC shall be responsible for the maintenance and restoration of the Fiber Optic System and shall pay all costs associated with the maintenance and restoration of that segment of Fiber Optic System owned by IRC, including the Licensed Fibers, unless such maintenance or restoration is performed due to LICENSEE's actions or inactions. Maintenance and restoration provided by IRC shall be limited to the IRC Fiber Optic System. and the IRC individual Fiber. IRC shall have no obligation to perform maintenance or restoration on any Fiber, electronics, or other 12 172 equipment owned or installed by LICENSEE, or on property outside of the Public Rights- of—Way. 8.2 Scheduled Maintenance And Repairs. IRC, at its'sole cost and expense, may schedule and perform or cause to be performed scheduled alterations, maintenance and repairs on the Telecommunications Infrastructure, or any part thereof, including the Licensed Fibers, on dates determined by IRC. IRC shall identify the time, location, and nature of each alteration or maintenance and repair job to LICENSEE, in writing, delivered not less than twenty-four (24) hours prior to the scheduled time for performance thereof which reasonably presents a substantial risk of damage to LICENSEE's Property or creates a substantial likelihood of an unreasonable interruption of Telecommunications Services provided by means of the Licensed Fibers. LICENSEE Shall Furnish Name, Number, Etc., Of Contact. Within seven days of Commencement Date, and as a condition precedent to IRC's continuing obligation to notify LICENSEE of scheduled maintenance and repairs, LICENSEE shall furnish on a continuing basis to IRC the current name, title, telephone number, and personal communications device number (including facsimile transmission number, cellular telephone number ), if any, of any representative of LICENSEE who shall be kept informed of IRC's maintenance schedules on Exhibit "C". 8.3 Emergency Maintenance And Repairs. IRC, at its sole cost and expense, shall perform or cause to be performed all emergency and other non-scheduled alterations, maintenance and repairs on the Telecommunications Infrastructure, or any part thereof, including the Licensed Fibers, in accordance with the procedures set forth in Section 7.2, above, provided, however, if the nonscheduled alterations, maintenance and repairs, including the replacement of any part of the Telecommunications Infrastructure, are required to be performed due to the fault of LICENSEE, LICENSEE shall reimburse IRC, upon demand, for the costs of such nonscheduled alterations, maintenance and repairs incurred by IRC. The obligation of LICENSEE to reimburse IRC shall survive the termination of this Agreement. 8.4 Reporting Defective Performance Or Interruption. Defective performance or interruption of the Telecommunications Infrastructure may be identified either by IRC or LICENSEE. LICENSEE shall call IRC's trouble -reporting phone number, as set forth in Exhibit C, to report a problem. IRC shall have no duty to monitor the Telecommunications Infrastructure and shall bear no liability for any damages LICENSEE may suffer due to IRC's failure to monitor and recognize defects or interruptions to the Telecommunications Infrastructure, and report such defective performance of the Telecommunications Infrastructure to LICENSEE. 8.4.1 Upon LICENSEE's Notification Of Defective Performance IRC Shall Deploy Standby technical person. If LICENSEE reports the defective performance of the Telecommunications Infrastructure, or any part thereof, IRC's standby technical person will respond by troubleshooting and 13 173 evaluating the situation within twenty-four (24) hours of LICENSEE's report of defective performance to IRC's trouble -reporting number as set forth in Exhibit C. 8.4.2 IRC's Standby Technical Person Response. Depending on the nature of the trouble, IRC's standby technical person will take one (1) or more of the following steps: (a) Make all necessary repairs; (b) Call one (1) or more of IRC's backup technical personnel, if any, to make repairs; or (c) Call IRC's repair contractor, if any, to make repairs. 8.4.3 Standby Technical Person To Report Estimated Time For Repairs. When possible, IRC's fiber technical person will inform IRC's Public Works Director, the estimated time required to make repairs. 8.4.4 IRC Shall Keep LICENSEE Informed. To the extent practicable, IRC will inform LICENSEE the status of the situation and the estimated time required to complete repairs. In the event of any interruption of availability of the Licensed Fibers, IRC shall furnish immediate notice to LICENSEE, and shall specify in such notice the nature and cause of the interruption, the extent of the repairs required, and the estimated time to restore, as set forth in Exhibit C. 8.4.5 If Temporary Repairs Must Be Made, IRC Will Coordinate Permanent Repairs. If the initial repairs must be temporary in nature, IRC will coordinate with LICENSEE to schedule a time convenient to both Parties in which to make permanent repairs. 8.5 IRC Shall Inventory Parts For Emergency Repairs. IRC shall keep on its premises an inventory of parts, including, but not limited to, emergency restoration kits normally used by the telecommunications industry, to facilitate the emergency and non-scheduled alterations, maintenance and repairs of any damaged, failed or impaired part of the Telecommunications Infrastructure, or any part thereof, including the Licensed Fibers. IRC shall not be required to stock an inventory of parts for emergency and non-scheduled alterations, maintenance and repairs of any LICENSEE's Property. IRC shall not be liable for any damages LICENSEE may suffer due to IRC's failure to maintain on its premises an inventory of parts including, but not limited to, emergency restoration kits normally used by the telecommunications industry. 8.6 LICENSEE Shall Maintain LICENSEE's Property. LICENSEE, at its sole cost and expense, shall be responsible for maintaining LICENSEE's Property, and every part thereof, and the portion of the Telecommunications Infrastructure that is located within LICENSEE's premises, or any part thereof, and extending outwards therefrom to the Demarcation Point. Except as provided in this Section 8.6, LICENSEE shall have no right to alter, maintain or repair the Telecommunications Infrastructure, or any part thereof, or any IRC facility. 14 174 8.7 IRC Shall Retain Backup Contractors. During the Term of this Agreement, IRC shall use reasonable efforts to obtain and retain one or more backup contractors to assist IRC in performing its obligations under the Provisions of this Article 8. IRC shall bear no liability for its failure to obtain and retain one or more backup contractors. ARTICLE 9 IRC's TELECOMMUNICATION INFRASTRUCTURE 9.1 Ownership. IRC has or has caused to be designed, constructed, installed, and tested, the Telecommunications Infrastructure consisting of Fiber Optic Cable and equipment. Parts of the Fiber Optic Cable are located underground IRC fiber conduits and other utility pipes owned, used or controlled by IRC. Other parts of the Fiber Optic Cable are located overhead on Poles. Legal title to IRC's Telecommunication Infrastructure shall be held by IRC. LICENSEE's right to use the Fiber subject to the conditions set forth in this Agreement is a right of use only and neither such use nor payment to IRC for such use shall create or vest in LICENSEE any easement, or any ownership right in IRC's Telecommunication Infrastructure. 9.2 IRC's Disclaimer Of Warranties. IRC MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR ASSURANCES: (1) WITH RESPECT TO THE DESIGN, CONSTRUCTION, DURABILITY OR SUITABILITY OF THE TELECOMMUNICATIONS INFRASTRUCTURE, OR ANY PART THEREOF, WHETHER EXPRESS OR IMPLIED, AND IRC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (2) WITH RESPECT TO THE NATURE OR ACCURACY OF THE DESCRIPTION, LOCATION OR MEASUREMENT OF THE TELECOMMUNICATIONS INFRASTRUCTURE, OR ANY PART THEREOF, OR THE TELECOMMUNICATIONS PATHWAY, OR ANY PART THEREOF; (3) THAT IRC WILL INCREASE OR DECREASE THE QUANTITY OF DARK FIBER CONSTITUTING A PART OF THE TELECOMMUNICATIONS INFRASTRUCTURE AT ANY TIME DURING THE TERM HEREOF; (4) THAT IRC WILL OBTAIN THE LEGAL RIGHT TO LOCATE, MAINTAIN OR USE THE TELECOMMUNICATIONS INFRASTRUCTURE, OR ANY PART THEREOF, IN PUBLIC RIGHTS-OF-WAY BY MEANS OF A LICENSE AGREEMENT, AN EASEMENT AGREEMENT OR OTHER WRITTEN INSTRUMENT; OR (5) IRC WILL OBTAIN THE LEGAL RIGHT TO LOCATE, MAINTAIN OR USE THE TELECOMMUNICATIONS INFRASTRUCTURE, OR ANY PART THEREOF, IN THE RAILROAD RIGHT-OF-WAY, CURRENTLY OWNED BY THE FLORIDA EAST COAST RAILROAD, BY MEANS OF A LICENSE AGREEMENT, AN EASEMENT AGREEMENT, OR OTHER WRITTEN INSTRUMENT. 9.3 IRC's Warranties And Representations As To Fiber Specifications. IRC warrants and agrees that the Licensed Fibers shall be in conformity with and shall comply with all the requirements of this Agreement. IRC further warrants and agrees that the Licensed Fibers shall meet or exceed the specifications outlined in Exhibit B, Fiber Specifications and Connection Details. Except as provided above, IRC makes no warranty or guarantee as to the suitability of the Licensed Fibers for LICENSEE's particular use. 15 175 9.4 IRC May Modify Or Relocate Telecommunications Infrastructure. IRC, at its sole cost and expense, may, upon thirty (30) Days notice to LICENSEE or, in the event of an emergency, upon reasonable verbal notice, confirmed by IRC in writing to LICENSEE via facsimile transmission or hand delivery: 9.4.1 Relocate /RC's Telecommunications Infrastructure. Relocate or cause to be relocated, permanently or temporarily, the Telecommunications Infrastructure, or any part thereof, to one or more alternate locations within the Public Rights -of -Way, Public Easements, and Licensed Service Properties, and within the time required by IRC's permitting regulations after the receipt of such notice, LICENSEE shall take all reasonably necessary action to fully cooperate with IRC to effect any such relocation as provided herein; 9.4.2 Remove Or Add Dark Fiber. Remove or add Dark Fiber that are or will be made a part of the Telecommunications Infrastructure; 9.4.3 Construct And Install Upgraded And New Telecommunications Infrastructure. Construct and install or cause to be constructed and installed upgraded and new Telecommunications Infrastructure, including, but not limited to, IRC conduits and Fiber Optic Cable, regardless of whether such facilities are desirable or made necessary to interconnect the Parties' facilities or to provide the route configurations desired by LICENSEE, provided, however, that IRC shall use reasonable efforts to ensure any such upgraded or new facilities and the construction or installation thereof does not directly and substantially interfere with LICENSEE's prior use of the Licensed Fibers; and 9.4.4 Take Other Actions. Engage in any other lawful action with respect to the Telecommunications Infrastructure, or any part thereof, and any other IRC facility which may affect the design, construction, installation, operation or management of the Telecommunications Infrastructure, or any part thereof, or any IRC utility, provided, however, that IRC shall use reasonable efforts to ensure no such action shall directly and substantially interfere with LICENSEE's use of the Licensed Fibers. 9.5 LICENSEE Prohibited From Accessinq Telecommunications Infrastructure and Transmission Pathway. LICENSEE is prohibited from accessing, directly or indirectly, the Telecommunications Infrastructure, or any part thereof, the Transmission Pathway, or any part thereof, or any IRC facility. Any unauthorized access by LICENSEE to or use of the Telecommunications Infrastructure, or any part thereof, the Transmission Pathway, or any part thereof, or any IRC facility shall constitute a material breach of this Agreement and a default by LICENSEE, and, notwithstanding any other Provision hereof, IRC may terminate for cause this Agreement upon the delivery of written notice of termination to 16 176 LICENSEE. Such notice of termination shall become effective immediately after its receipt by LICENSEE. 9.6 LICENSEE's Connection To Licensed Fibers. LICENSEE's Property or any part thereof, and LICENSEE's Premises, if any, shall be interconnected with the Telecommunications Infrastructure, or any part thereof, at Junction Sites, at which Splice enclosures or patch panels, or both are located, as illustrated in EXHIBIT "A". The route of the Transmission Pathway, and the location of the Junction Sites are also generally described in EXHIBIT "A". ARTICLE 10 LICENSEE's PROPERTY 10.1 LICENSEE Owns LICENSEE's Property. Notwithstanding any contrary Provisions of this Agreement, LICENSEE shall own all bays, panels, jacks, ironworks, associated electronics, Fiber Optic Cable termination equipment, regenerators, power sources, and other property and equipment provided by LICENSEE in the exercise of, or associated with, LICENSEE's use under this Agreement. 10.2 LICENSEE Shall Locate Its Property In Accordance With The Law. LICENSEE, at its sole cost and expense, shall locate LICENSEE's Property, and every part thereof, in accordance with applicable Laws. In the event LICENSEE desires to locate LICENSEE's Property in IRC's Public Rights -of -Way, LICENSEE shall apply for all required permits and comply with all permitting requirements in order to locate LICENSEE's Property, or any part thereof, in the Public Rights -of -Way. This Agreement does not authorize LICENSEE to locate LICENSEE's Property, or any part thereof, within the Public Easements or the Licensed Service Properties. IRC will cooperate with LICENSEE to locate LICENSEE's Property, and every part thereof, as practicable, within the Public Rights -of Way. 10.3 LICENSEE Shall Connect To Telecommunications Infrastructure In Accordance With Section 8.6. In accordance with Section 8.6, LICENSEE's Property, or any part thereof, and LICENSEE's Premises, if any, shall be interconnected with the Telecommunications Infrastructure, or any part thereof, in accordance with the route configurations approved by IRC. 10.4 IRC May Remove LICENSEE's Abandoned Property At LICENSEE's Expense. In the event that LICENSEE abandons LICENSEE's Property (as set forth in Section 3.8, above) or any part thereof, within the Public Rights -of -Way, IRC shall remove or cause to be removed LICENSEE's Property at LICENSEE's sole cost and expense. LICENSEE may abandon LICENSEE's Property in place and dedicate the same to IRC, provided that IRC accepts, in writing, dedication of the same within thirty (30) Days of the receipt of the offer of dedication. LICENSEE shall execute such documents of title as will convey all right, title, and interest in LICENSEE's Property, or any part thereof, to be dedicated to IRC. If LICENSEE fails to remove or cause to be removed LICENSEE's Property in accordance with Section 3.9, above, LICENSEE shall be deemed to designate IRC as its 17 177 agent and at LICENSEE's sole cost and.expense to remove or cause the removal of the abandoned LICENSEE's Property. LICENSEE covenants and agrees to pay IRC, upon demand, its actual costs of removal, and this obligation shall survive the expiration or earlier termination of this Agreement. IRC shall not be liable to LICENSEE for any direct or consequential damages suffered by LICENSEE resulting from IRC's removal of LICENSEE's Property. 10.5 IRC May Require LICENSEE To Remove LICENSEE's Property From Public. Rights -Of -Way. In the event that IRC must occupy the Public Rights -of -Way, or any part thereof, which is occupied by LICENSEE's Property, in the lawful exercise of IRC's governmental or proprietary activities, functions and operations, including, but not limited to, the construction of IRC's public works or other public projects, IRC may require LICENSEE to promptly remove and locate LICENSEE's Property to another site within the Public Rights -of -Way, and LICENSEE, at its sole cost and expense, shall temporarily or permanently remove and locate LICENSEE's Property to such other authorized site within the Public Rights -of -Way, as appropriate. If LICENSEE does not temporarily suspend, or cause to be suspended, construction and installation activities affecting LICENSEE's Property, or any part thereof, or LICENSEE's Property, or any part thereof, is not removed and located to another site upon receipt of IRC's notice within the time required by IRC's permitting regulations, then, unless LICENSEE demonstrates to the reasonable satisfaction of IRC that the removal and location of LICENSEE's Property in another portion of the Public Rights -of -Way will be completed before IRC must occupy such portion of the Public Rights -of -Way, LICENSEE shall be deemed to have designated IRC as its agent and at LICENSEE's sole cost and expense to remove or cause the removal of LICENSEE's Property, or any part thereof, and no liability shall accrue to IRC by its action. LICENSEE covenants and agrees to pay IRC, upon demand, IRC's actual costs of removal, and this obligation shall survive the expiration or earlier termination hereof. 10.6 LICENSEE Shall Furnish Plans Which Depict Location Of LICENSEE's Property Within Public Rights -Of -Way. LICENSEE promptly shall furnish to IRC plans and record drawings showing, in detail, the exact location, depth, and size of LICENSEE's Property in the event that LICENSEE locates LICENSEE's Property within the Public Rights -of - Way, including, but not limited to, the profiles of all street crossings within such time frame and containing such detail as may be reasonably established by IRC. 10.7 Permitting Requirements Take Precedence. To the extent that the requirements of IRC's permitting regulations conflict, directly, with the Provisions of this Agreement, IRC's permitting regulations shall control. 10.8 LICENSEE Shall Maintain LICENSEE's Property. LICENSEE shall be solely responsible, at its own expense, for the purchase, installation, operation, maintenance and repair of all LICENSEE's Property required in connection with its use of IRC Fiber licensed to LICENSEE. ARTICLE 11 18 178 ACCEPTANCE 11.1 Acceptance Of The Licensed Fibers. Upon completion of construction of Fiber Optic System and any LICENSEE Make Ready Work, IRC will Acceptance Test IRC Licensed Fibers to insure that the Licensed Fibers meet or exceed the specifications outlined in Exhibit B. In the event the Licensed Fibers meet such specifications, IRC shall notify LICENSEE in writing of the availability of the Licensed Fibers. Within five (5) Business Days of the Fiber Notice Date, LICENSEE shall give IRC written notice of any failure of the Licensed Fibers to satisfy Acceptance Test and meet specifications, or provide IRC with LICENSEE's Notice of Acceptance (substantially in the following form: "LICENSEE has examined the Licensed Fibers and hereby accepts them.") 11.2 Corrections. If LICENSEE gives IRC written notice of such failure, IRC shall use its best commercial efforts to correct such failure, whereupon LICENSEE and IRC shall jointly conduct another Acceptance Test. This procedure shall be repeated until all Licensed Fibers meet or exceed the specifications in Exhibit "B". 11.3 Conditional Acceptance. In the event deficiencies continue to be identified after the third round of testing, LICENSEE may, at its option, conditionally accept the Licensed Fibers. IRC will correct any such deficiencies within sixty (60) Days of conditional acceptance. 11.4 Acceptance By Default. If LICENSEE does not give IRC written notice of such failure within five (5) Business Days of LICENSEE receiving the Fiber Notice, it shall be deemed that LICENSEE has accepted the Licensed Fibers. 11.5 Fiber Acceptance Date. The Day on which LICENSEE has accepted (including acceptance by default) the Licensed Fibers (in accordance with this Article 11) is the Fiber Acceptance Date. ARTICLE 12 UTILITIES AND OTHER SERVICES 12.1 LICENSEE Must Continue To Pay For Other Utilities And Services. LICENSEE covenants and agrees to pay, when due, all charges for other utilities and services used or enjoyed by LICENSEE or required for the use, enjoyment and occupancy of LICENSEE's Property and the Telecommunications Infrastructure, or any part thereof, including the Licensed Fibers, to the degree or extent such services are provided by and separately billed to LICENSEE by IRC. 12.2 LICENSEE Must Pay License Fees Even If There Is An Electrical Power Outage. IRC shall not be liable for any damages resulting from, and LICENSEE expressly waives any and all claims against IRC for compensation occasioned by, and the License Fees and other Charges shall not be abated by reason of, the failure of IRC to furnish, or delay in furnishing, any utility service which is necessary to the use, enjoyment or occupancy of LICENSEE's Property or the Telecommunications Infrastructure, or any part thereof, 19 179 including the Licensed Fibers, when such failure or delay arises in connection with or is caused by an event of Force Majeure, or when such failure does not arise in connection with or is caused by an event of Force Majeure and continues for a continuous period of not more than five (5) Days. A failure of IRC as contemplated in the preceding sentence shall not be deemed or construed to relieve LICENSEE of its responsibilities under this Agreement. ARTICLE 13 AUTHORITY TO ENTER INTO AGREEMENT 13.1 LICENSEE's Representations. LICENSEE represents and warrants: 13.1.1 Corporate Authority. It is a political sub -division of the state of Florida, County of Indian River. It has all requisite corporate power and authority to own its property, real and personal, and operate as and where it is now being conducted. 13.1.2 Authority To Enter Into This Agreement. It has the power and authority to enter into this Agreement and perform its obligations set forth in this Agreement. The execution, delivery and performance hereof have been duly authorized by all necessary corporate actions and proceedings. This Agreement is (and any other instrument, document or writing to be executed and delivered pursuant hereto will be) legal, valid and binding obligations of LICENSEE, and enforceable against LICENSEE in accordance with the Provisions hereof except as may be limited by applicable Laws. 13.1.3 Terms Of. This Agreement Will Not Conflict With Articles Of Incorporation, Bylaws, Etc. The execution and delivery hereof and any other instrument, document or writing contemplated hereby by LICENSEE will not conflict with or violate or constitute a breach or default under the Articles of Incorporation or Bylaws of LICENSEE or the provision of any mortgage, trust, indenture, bond, lien, pledge, release, agreement, guaranty or instrument to which LICENSEE is subject. 13.1.4 LICENSEE Shall Furnish True and Correct Documents And Statements. All information, financial statements, records, reports, resolutions, certifications and other documents or writings which will be submitted by LICENSEE pursuant to the Provisions hereof will be true and correct at the time such information, financial statements, records, reports, resolutions, certifications and other documents or writings are submitted or made available to IRC. 20 180 13.1.5 No Outstanding Claims Or Legal Action That'Would Interfere With Performance Of Agreement. There are no unresolved claims or disputes between LICENSEE and IRC. There are no actions, suits or proceedings pending or, to the knowledge of LICENSEE, threatened against LICENSEE that, if adversely determined to LICENSEE, would materially and adversely affect the ability of LICENSEE to perform its obligations under this Agreement. 13.2 IRC's Representations. IRC represents and warrants: 13.2.1 /RC's Authority. It is a political subdivision of the State of Florida. It has all requisite power and authority to own its property, real and personal, as and where it is now being conducted. 13.2.2 Authority To Enter Into This Agreement. It has the power and authority to enter into this Agreement and perform its obligations set forth in this Agreement. The execution, delivery and performance hereof have been duly authorized by all necessary actions and proceedings. This Agreement is (and any other instrument, document or writing to be executed and delivered pursuant hereto will be) legal, valid and binding obligations of IRC, and enforceable against IRC in accordance with the Provisions hereof except as may be limited by applicable Laws. 13.2.3 Terms Of Agreement Consistent With IRC Charter And Code. The execution and delivery hereof and any other instruments, documents or writings contemplated hereby by IRC will not conflict with, or violate any Provision of, IRC's Charter or Code of Ordinances. ARTICLE 14 COMPLIANCE WITH LAWS 14.1 IRC Will Maintain Necessary Public Rights -Of -Way, Etc. IRC shall have and maintain in effect at all times, all necessary franchises, consents, Public Rights -of - Way, Public Easements, permits and authorizations applicable to this Agreement, if any, from federal, state, county, city and other regional or local authorities, to construct, maintain, operate, and use the Fiber Optic System. 14.2 LICENSEE Will Maintain Necessary Public Rights -Of -Way, Etc. LICENSEE shall have and maintain in effect at all times, all necessary franchises, consents, Public Rights -of -Way, Public Easements, permits and authorizations applicable to this Agreement, if any, from federal, state, county, city and other regional or local authorities. IRC expressly agrees that this Agreement constitutes the sole and complete agreement and requirement for use of the Licensed Fibers by LICENSEE 21 181 and that it shall not require an IRC Public Rights -of -Way agreement or permit of LICENSEE for such use. 14.3 IRC And LICENSEE Shall Comply With The Law. LICENSEE and IRC each shall comply with all applicable federal, state and local Laws and regulations including, but not limited to, those of the Federal Communications Commission and the Florida Public Service Commission. ARTICLE 16 NO THIRD PARTY BENEFICIARIES This Agreement does not provide third Parties (including without limitation customers of IRC or of LICENSEE) with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege, except that the Provisions hereof involving indemnification or limitation of liability of either Party shall also inure to the benefit of that Party's employees, officers, agents, affiliates, and any other benefited Persons specifically identified in the applicable Provision. The relationship between IRC and any of its customers is governed solely by the terms and conditions of IRC's agreements and applicable tariffs. The relationship between LICENSEE and its customers is governed solely by the terms and conditions of any agreement between LICENSEE and its customers. ARTICLE 17 INDEMNITY, HOLD HARMLESS 17.1 LICENSEE Indemnity of IRC. LICENSEE agrees to indemnify, hold harmless and defend (with counsel reasonably acceptable to IRC) IRC, its commissioners, directors, employees, contractors, agents, representatives, and each of them, against any and all administrative and judicial proceedings and orders, charges, claims, costs, damages, demands, expenses, fines, judgments, liabilities, losses, penalties, and remedial actions of any kind, including the costs of any hazardous materials remedial actions of any kind and all other related costs and expenses incurred in connection therewith, including, but not limited to, reasonable attomey's fees and the costs of defense arising out of injury to Persons, including but not limited to death, or damage to property, caused by, directly or indirectly, in whole or in part, the negligence of LICENSEE, or its officers, employees, or agents, in connection with this Agreement. Nothing contained herein shall be construed as a waiver of any immunity from, or limitation of, liability either party has under the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes. 17.2 Binding On Successors. The indemnification and hold harmless Provisions set forth in Section 17.1, above, shall be binding upon the successors and assigns of LICENSEE, provided, however, any non-governmental successor of LICENSEE shall not be subject to the limitation of liability in Section 768.28, Florida Statutes. 17.3 Additional Remedies. The indemnification and hold harmless Provisions set forth in Section 17.1, above, shall be in addition to any other remedy available under this Agreement, or at Law or equity, and shall survive the term of this Agreement executed 22 182 pursuant hereto, with respect to any circumstance or event occurring before termination. Under no circumstance shall IRC be liable for damages of any nature to LICENSEE, its successors or assigns in excess of the amount equivalent to the License Fees paid by LICENSEE to IRC for the twelve (12) month period prior to the date of the claim or demand for damages. ARTICLE 18 INSURANCE 18.1 LICENSEE Responsible For Compliance With Insurance Requirements. During the Term of this Agreement, LICENSEE, at its sole cost and expense, shall procure and maintain insurance of the types and to the limits specked below. 18.2 Coverage. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 18.2.1 Workers' Compensation And Employers' Liability insurance which provides coverage for all employees for Statutory Limits in compliance with the applicable state and federal Laws. In addition, the policy must include: A. Employer's Liability with a limit of $100,000 each accident and disease. B. Notice of Cancellation and/or Restriction — The policy must be endorsed to provide IRC with thirty (30) Days' notice of cancellation and/or restriction. C. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 18.2.2 Commercial General Liability — Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, on an occurrence basis, filed by the Insurance Services Office and must include: A. Minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. B. Premises and Operations. C. Independent Contractors. 23 183 D. Products and Completed Operations — LICENSEE shall maintain in force until at least three (3) years after completion of all services required under the contract, coverage for products and completed operations, including Broad Form Property Damage. E. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. F. Notice of Cancellation and/or Restriction — The policy must be endorsed to provide IRC with thirty (30) Days' notice of cancellation and/or restriction. 18.2.3 Business Auto Policy— Coverage must be afforded on a form no more restrictive than the latest edition of Business Auto Policy filed by the Insurance Services Office and must include: A. Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. B. Owned Vehicles. C. Hired and Non -Owned Vehicles. D. Notice of Cancellation and/or Restriction — The policy must be endorsed to provide IRC with thirty (30) Days' notice of cancellation and/or restriction. 18.3 IRC Shall Be Named As Additional Insured. Such insurance shall name IRC, its commissioners, directors, employees, agents, and Contractors as additional named insureds as respects any liability arising out of LICENSEE's performance of work under this Agreement pursuant to ISO Form No. GC2010. Coverage shall be provided in accordance with the limits specified and the conditions indicated therein. Claims -made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in "following form." Such insurance shall not be canceled or materially altered to reduce coverage until IRC has received at least thirty (30) Days' prior written notice of such cancellation or change. LICENSEE shall be responsible for notifying IRC of such change or cancellation. 18.4 LICENSEE's Insurance Carrier Shall Be Authorized To Conduct Business In Florida. Any insurance carrier of LICENSEE shall be admitted and authorized to transact insurance business in the State of Florida and shall be rated at least A- VII in Best's Key Rating Guide, or shall be specifically approved by IRC through IRC's risk manager. 24 184 18.5 Certificates Of Insurance. Certificates of insurance evidencing the insurance coverage specified in the previous paragraphs shall be filed with IRC before operations are begun. The required certificates of insurance not only shall name the types of policies provided, but also shall refer specifically to this contract and section and the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this contract. If the initial insurance expires prior to the completion of the work, renewal certificates of insurance and required copies of policies shall be furnished thirty (30) Days prior to the date of their expiration. 18.6 LICENSEE's Insurance Requirements Subject To IRC's Annual Review. LICENSEE's insurance requirements, as set forth in this Article 18, shall be subject to the review, annually, by IRC's risk manager. If IRC's risk manager requires any change in coverage, notice thereof shall be given to LICENSEE, in writing, and LICENSEE shall comply with such notice within thirty (30) Days of receipt thereof. ARTICLE 19 DEFAULT AND REMEDIES FOR DEFAULT 19.1 IRC May Terminate If LICENSEE Defaults. IRC may terminate this Agreement upon the occurrence of a material breach of its Provisions and a default by LICENSEE under this Agreement, and LICENSEE fails to cure the same within the time periods set forth within this Agreement, or if no time period is set forth, within thirty (30) Days after receipt of notice thereof from IRC, or, when the cure reasonably requires more than thirty (30) Days, the failure of LICENSEE to commence to cure within thirty (30) Days of receipt of notice thereof from IRC and thereafter diligently and continuously prosecute such cure to completion, including, but not limited to, any of the following: 19.1.1 Failure To Pay License Fee. Failure to pay any License Fee, or Charge, when due (as set forth in Section 5.3 ), regardless of whether LICENSEE in good faith disputes all or any portion of such License Fee, or Charge, and the failure continues for a period of thirty (30) Days from the License Fee's or Charge's due date; 19.1.2 Failure To Pay Tax. Failure to pay any Tax, when due, or the failure to perform any other obligation requiring the payment of money under the Provisions hereof, and the failure continues for a period of thirty (30) Days, regardless of whether LICENSEE in good faith disputes all or any portion of such Tax, in which case LICENSEE shall pay only the undisputed portion, if any, until such dispute is resolved; 19.1.3 Failure To Comply With Terms Of Agreement. Failure to observe, perform or comply with any material Provision of this Agreement required to be observed, performed or complied with by LICENSEE; 25 185 19.1.4 Assignment. Assignment or transfer of its interest in this Agreement, whether voluntarily or by operation of Law, in violation of the Provisions of this Agreement; 19.1.5 General Assignment. General assignment of its assets for the benefit of its creditors; 19.1.6 Abandonment Of LICENSEE's Property. Abandonment of LICENSEE's Property in violation of the terms of this Agreement or a failure to notify IRC of such abandonment; 19.1.7 False Representations Or Statements. Any representation, warranty, or statement made by LICENSEE in this Agreement that shall prove to have been incorrect in any material respect when made. 19.2 LICENSEE's Termination For Default. In the event of a default by IRC, LICENSEE shall give notice of default to IRC at least thirty (30) Days before any notice of termination shall become effective. This Agreement may be terminated by LICENSEE upon the occurrence of any of the following defaults by IRC: 19.2.2 Failure To Comply With Terms Of Agreement. Failure to observe, perform or comply with any material Provision hereof required to be observed, performed or complied with by IRC, and IRC fails to cure the same within thirty (30) Days, or, when the cure reasonably requires more than thirty (30) Days, the failure of IRC to commence to cure within such thirty (30) Days and thereafter diligently and continuously prosecute such cure to completion; 19.2.3 General Assignment. General assignment of its assets for the benefit of its creditors, or the filing by or against IRC a petition to have IRC adjudicated a bankrupt, or a petition for a reorganization or arrangement under any Law relating to bankruptcy or insolvency, unless the same is dismissed within one hundred eighty (180) Days after the same is instituted, unless IRC upon the written demand of LICENSEE indemnifies LICENSEE against loss or damage suffered by LICENSEE as a result of IRC's non- performance pursuant to such order or decree; 19.2.4 Court Enjoins Or Prohibits IRC From Performing. A Person other than LICENSEE obtains an order or decree in any court of competent jurisdiction enjoining or prohibiting IRC from performing under this Agreement, and such order or decree is not vacated within one hundred eighty (180) Days after the granting thereof, unless IRC upon the written demand of LICENSEE indemnifies LICENSEE against loss or damage suffered by LICENSEE as a result of IRC's non-performance pursuant to such order or decree; and 186 19.2.5 State Terminates IRC's License, Etc. In the event that the State of Florida terminates any license or any other agreement to which IRC or State and IRC are Parties, it shall be a ground for termination for cause, if LICENSEE's use of substantially all Licensed Fibers is effectively terminated by the action of State of Florida. If LICENSEE shall prove to the reasonable satisfaction of IRC that LICENSEE has lost the use of substantially all Licensed Fibers, LICENSEE may terminate this Agreement. No liability shall accrue to IRC on account of the termination of any license or other agreement with the State which results in LICENSEE's loss of use of substantially all Licensed Fibers. 19.3 IRC's Additional Rights And Remedies. In addition to all other rights and remedies provided by Law or otherwise provided in this Agreement, to which IRC may resort cumulatively, or in the alternative, IRC may: 19.3.1 Keep Agreement In Effect. Except as otherwise provided herein, keep this Agreement in effect and enforce all of its rights and remedies hereunder, including the right to payment of all License Fees and Charges as they may become due, by appropriate legal action; 19.3.2 Seek Specific Performance. Seek the specific performance hereof by LICENSEE or other rights or remedies at Law or in equity; and 19.3.3 Terminate For Cause. Terminate for cause this Agreement by giving notice of termination. 19.3.4 Accelerate License Fee. IRC is entitled to the License Fee and any additional amounts that are due and unpaid, and those payments will become due immediately. 19.3.5 Liquidated Damages. If IRC is entitled to liquidated damages, LICENSEE shall pay such damages in installments on the Day License Fee is payable. The amount of liquidated damages will be computed as follows: (A) The deficiency between the License Fee paid and any net amount of the License Fees still to be collected under this Agreement or any Extension Term of this Agreement for each month of the remaining Initial Term or Extension Term, plus; (B) The expenses that IRC incurs in connection with LICENSEE's default, such as legal expenses, court costs, attorneys' fees, including those at trial and appellate levels. ARTICLE 20 RESTRICTIONS AGAINST TRANSFER Neither Party shall sell, assign, transfer, or otherwise alienate or dispose of this Agreement or the privileges hereby granted, without the prior written consent of the other 27 187 Party, which consent shall not be unreasonably disposed of, withheld or delayed. Notwithstanding the foregoing, this Agreement may be sold, transferred or otherwise disposed of or assigned by LICENSEE without the approval or prior consent of IRC to any parent, successor, subsidiary or affiliated company of LICENSEE. ARTICLE 21 FAILURE TO ENFORCE PROVISIONS IS NOT A WAIVER The consent by a Party to any act by the other Party shall not be deemed to imply consent or to constitute the waiver of a breach of any Provision hereof or continuing waiver of any subsequent breach of the same or any other Provision, nor shall any custom or practice which may arise between the Parties in the administration of any part of.the Provisions hereof be construed to waive or lessen the right of a Party to insist upon the performance by the other Party in strict accordance with the Provisions hereof. ARTICLE 22 SEVERABILITY In the event that any Provision of this Agreement shall be held unconscionable, unenforceable, or void for any reason by any tribunal of competent jurisdiction, it is agreed that the Provision in question shall be modified to eliminate the elements of concern to the tribunal and as modified shall be binding on the Parties hereto. The remaining Provisions shall not be affected by the action of any tribunal or modification of such Provision, and shall remain in full force and effect. ARTICLE 23 FORCE MAJEURE In the event of any failure or delay resulting from a Force Majeure event, upon notice to the other Party within thirty (30) Business Days of occurrence of the event giving rise to the delay the time for performance hereunder shall be extended for a period of time reasonably necessary to overcome the effects of such delays. In the event any such failure or delay shall last for a period of more than one hundred eighty (180) Days, then either Party may terminate this Agreement forthwith, in whole or in part, by notice in writing to the other. [THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 28 188 ARTICLE 24 NOTICE Except for Notices relating to construction, outages or maintenance which shall be as provided in Exhibit "C" attached hereto, any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mail, postage prepaid, and certified return receipt requested to the following address or such other address as the Parties may provide to each other in writing: To LICENSEE: (To be completed by Licensee) With a copy to: (To be completed by Licensee) To IRC: With a copy to: Telephone: Facsimile: 29 189 ARTICLE 26 CHOICE OF LAW; VENUE The validity, interpretation, and enforcement of this Agreement shall be governed by the Laws of Florida without regard to conflict of Law applications. Indian River County, Florida, shall be proper venue for any litigation involving this Agreement. Any legal proceedings of any nature brought by either Party to enforce any right or obligation arising out of this Agreement shall be submitted to trial without jury before any court of competent jurisdiction in Indian River County, Florida. The Parties consent and submit to the jurisdiction of any such court in Indian River County, Florida, and agree to accept service of process outside the state of Florida in any matter submitted to any court pursuant hereto. ARTICLE 26 ENTIRE AGREEMENT This Agreement represents the entire Agreement between the Parties and supersedes all prior Agreements or representations, whether written or oral, with respect to the subject matter hereof. There are no representations, warranties, agreements or understandings (whether oral or written) between the Parties relating to the subject matter hereof which are not fully expressed herein. No Provision of this Agreement may be changed or amended except by written Agreement signed by both Parties. ARTICLE 27 PARTIES BOUND This Agreement shall be binding upon the Parties hereto and their respective successors, heirs, personal representatives and permitted assignees. ARTICLE 28 CONSTRUCTION; HEADINGS SOLELY FOR CONVENIENCE 29.1 Ambiguities Not To Be Resolved Against Drafting Party. Each Party and its counsel have reviewed this Agreement. Accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the construction and interpretation hereof. 29.2 Article, Section, And Sub -Section Headings For Convenience. The capitalized and bolded ARTICLE HEADINGS, underlined and initial capitalized Section Headings and the italicized and initial capitalized Sub -Section Headings, hereof, are inserted for convenience of reference only, are not a part hereof and shall have no effect on the construction or interpretation hereof. IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed, by their respective officers thereunto duly authorized, on the Day, month and year first above written. 30 190 ATTEST: LICENSOR: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: By: Deputy Clerk Print: Bob Solari Title: Chairman Approved as to form and L a fficien _X — i')Dylan Reingoid, County Attorney Q cul'� " d -An � A A a Lj� �' /J6—se—ph . Baird, County Administrator STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 2016, by , as by , as known to me and did not take an oath. [AFFIX NOTARY SEAL HERE] NOTARY PUBLIC Sign: Print: State of Florida at Large [SEAL] My Commission Number: My Commission Expires: 32 day of and attested They are both 192 CORPORATION: THIS AGREEMENT MUST BE EXECUTED BY THE CHIEF EXECUTIVE OFFICER, OR PRESIDENT OR VICE-PRESIDENT, AND THE SECRETARY OR ASSISTANT SECRETARY, UNLESS THE BYLAWS OR A RESOLUTION OF THE BOARD OF DIRECTORS SHALL OTHERWISE PROVIDE, IN WHICH EVENT A CERTIFIED COPY OF THE BYLAWS OR RESOLUTION, AS THE CASE MAY BE, MUST BE FURNISHED. ALSO, THE CORPORATE SEAL OF LICENSEE, IF LICENSEE HAS SUCH A SEAL, MUST BE AFFIXED. WITNESSED BY: LICENSEE: �� 01 Sign: Print: Title: � ,.... • [AFFIX CORPORATE SEAL,.ii E]' ), :1 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this �a day of , 2016, by joa, TysdVL is uersona_Iykknown to me or produced oath. [AFFIX NOTARY SEAL HERE] as identification and did/did not take an 33 NOTARY PUBLIC Sign: Print: O o '. Kf'44VS v State of Florida at Large [S AL] Commission Number: My Commission Expires: Vag as 193 EXHIBIT "A" ROUTE DIAGRAM 35 195 EXHIBIT "B" FIBER SPECIFICATIONS AND CONNECTION DETAILS FIBER: All Fiber will meet or exceed the Corning SMF -28, dual 1310/1550 window optical glass specifications: Maximum attenuation for 1310 nm systems will be .35 dB/km Maximum attenuation for 1550 nm systems will be .25 dB/km SPAN SPECIFICATIONS. Discontinuities (known as steps, Splices, or attenuation non -uniformities) shall be measured with an Optical Time Domain Reflectometer (OTDR) to determine the loss for the localized attenuation. No Fiber shall show a point discontinuity greater than 1.0 dB. However, a Fiber Span that includes a discontinuity in excess of specifications may still be considered acceptable, with mutual agreement of IRC and LICENSEE, provided said Fiber still meets LICENSEE's overall attenuation and dispersion specifications. Performance levels will be maintained as accepted through the duration of the Agreement. OPTICAL SYSTEM LOSS TABLE WAVE MAXIMUM MAXIMUM AVERAGE MAXIMUM AVERAGE LENGTH NM FIBER CONNECTOR LOSS PER LOSS PER LOSS PER LOSS/KM LOSS SECTION SPLICE SPLICE 1310 .35 dB .5 dB .06 dB .2 dB .06 dB 1550 .25 d6 .5 dB .06 d6 .2 dB .06 dB GENERAL CONSTRUCTION: The Fiber Optic Cable will be constructed in accordance with sound commercial practices. The National Electric Safety Code will be followed in every case except where local regulations are more stringent, in which case local regulations shall govern. Optical and span test data, including OTDR traces, will be submitted by IRC to LICENSEE at an agreed upon schedule. 36 196 EXHIBIT "C" CONTACT LIST AND OUTAGE NOTICE FORM Notification To LICENSEE: All notices relating to construction, outage, or maintenance should be relayed to LICENSEE through this number: Telephone: Notification To IRC: (To be provided by Licensee.) All notices relating to construction, outage, or maintenance should be relayed to IRC through this telephone number: Telephone: 37 197 EXHIBIT "D" SAMPLE NOTICE OF ACCEPTANCE Date: To: [Person Specified in Article 24] Re: Notice of Acceptance of Licensed Fibers Dear [Person Specified in Article 24]: Our technical person tested the licensed fibers, today, and confirmed that they meet the Performance Specifications required by our Agreement. Accordingly, today, we accepted the Licensed Fibers as operational. In accordance with our Agreement, I have enclosed, herewith, the first installment of the License Fee ($_. cc: [Person Specified in Article 24] C0 Sincerely yours, 198 EXHIBIT "E" SAMPLE NOTICE OF TERMINATION WITHOUT CAUSE Via Certified Mail, Return Receipt Requested Article Number Dear In accordance with Article 3 of our Agreement you are hereby notified that in twelve (12) months from your receipt of this Notice Of Termination Without Cause this Agreement shall terminate (unless this Agreement terminates sooner in accordance with other terms of our Agreement) and you shall no longer have a license and privilege to use the Licensed Fibers. 39 199 EXHIBIT "F" SAMPLE NOTICE OF TERMINATION WITH CAUSE Date: Via Certified Mail, Return Receipt Requested Article Number [Person Specified in Article 24] Dear [Person Specified in Article 241: In accordance with Article 19 of our Agreement, you are hereby notified that you are in default of our Agreement. If you fail to cure your default within the time specified within our Agreement, or if no time is specked within thirty (30) days, IRC may elect to terminate our Agreement with cause. You are in default as follows: Your failure to Pay License Fee. Your failure to Pay Tax. Your failure to Comply With Terms of Our Agreement. Your Unauthorized Assignment. Your Unauthorized General Assignment. Your Bankruptcy. Because a Court has Enjoined or Prohibited you from Performing. Your False Representations or Statements. cc: [Person Specified in Article 24] 40 Sincerely yours, 200 EXHIBIT "G" SAMPLE LICENSEE'S NOTICE OF TERMINATION WITHOUT CAUSE NOTE: LICENSEE may only terminate without cause during the Extension Term (if any) Via Certified Mail, Return Receipt Requested Article Number Dear In accordance with Article 3 of our Agreement you are hereby notified that in ninety '(90) Days from your receipt of this Notice Of Termination Without Cause this Agreement shall terminate (unless this Agreement terminates sooner in accordance with other terms of our Agreement) and we shall no longer have a license and privilege to use the Licensed Fibers, nor be obligated to pay the License Fee. xc: 41 201 ExHIBIT "H" SAMPLE NOTICE OF DISCONNECTION Via Certified Mail, Return Receipt Requested Article Number Dear In accordance with Section 3.9 of our Agreement you are hereby notified that in five (5) Days from your receipt of this Notice Of Disconnection IRC shall disconnect the Licensed Fibers. As further set forth in Section 3.9 of our Agreement, you must remove your property, if any, from the Public Rights -Of -Way within thirty (30) Days from receipt of this Notice of Disconnection. If you fail to remove your property from the Public Rights -of -Way within thirty (30) Days, your property shall be deemed abandoned and IRC shall remove your property (in accordance with Article 9) from the Public Rights -of -Way at your expense. As you know, our Agreement terminated on for (cause / convenience). 42 202 February 22, 2016 heriff Deryl Loar Indian River County The Honorable Bob Solari Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Forfeiture Trust Fund Dear Chairman Solari: Florida Statute 932.7055, the Florida Contraband Forfeiture Act, provides that proceeds and interest earned from the forfeiture of real or personal property shall be used for providing additional equipment and may not be used to meet normal operating expenses of the law enforcement agency. These funds are the direct result of our deputies' diligent law enforcement efforts and are derived mainly from drug related offenses. None of the funds are derived from county tax dollars. Pursuant to the above statute, I am requesting that $30,000 from our Law Enforcement Trust Fund be used to replace twenty (20) expired Kevlar ballistic helmets. This equipment is essential for our Special Weapons and Tactics Team (SWAT). Please place this item under Constitutional Officers for the March 1, 2016 board agenda. If you have any questions or require additional information, please contact me at 978-6404. Thank you for your consideration. Sincerely, -Zzz��64 Deryl Loar, Sheriff DL:lt cc: Joseph A. Baird, County Administrator Jason E. Brown, OMB Director Kelly Goodwin, Comptroller 4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 � S -,-O 3 �. AS AM —N -Aft IPIv 1 RvPGA6 ,.,1D uanlwonlenlr >auPrsr QUOTATION SOLD TO Lonnie Rich Indian River County SO 4055 41st Ave. Vero Beach, FL 32960 (722)978-6030(772)978-6164 lrich@iresheriff.org SHIP TO Lonnie Rich Indian River County SO 4055 41st Ave. Vero Beach, FL 32960 DATE February 22, 2016 QUOTE ft 1202161300 CUSTOMER # CUSTOMER PO # A(.cvUNT REP PAYMENT TERMS QUOTE EXPIRES SHIPPING TERMS, QUANTITY PRODUCT DESCRIPTION PRICE EXTENDED 20 MISC-ITEM Delta X Level IIIA Helmet, Shell 1.2 Lbs, 17 grain V50 2600+ fps, Mid Cut with Team Wendy Cam Boa / Epic Air Suspension, Rails, and VAS Shroud, OD Green in Color $1,500.00 $30,000.00 1 Shipping Free Shipping Charges for this Order $0.00 $0.00 SUBTOTAL $30,000.00 SALES TAX DISCOUNT TOTAL $30,000.00 Order Notes General Terms and Conditions This quote is valid for 30 days. Unless stated otherwise. Please Note: Returns must be made within 30 days of you receiving the items. The item mustbe unused and in it's original packaging. A 20% restocking fee is applicable for refunds or returns not due to an error on our part or for special order items we do not normally stock. Signature Date Signed Please fax completed form back to (904) 777-4802 Dgg Tactical and Uniform Supply 8725 Youngerman Ct., Ste. 305 Jacksonville, FL 32244 (866)626-8273 (904)777-4802 salesa-teamdug.com 204 .INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, CP; ommunity Development Director THROUGH: Sasan Rohani, ; Chief, Long -Range Planning S �� FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planning % _. DATE: February 15, 2016 RE: MPM Seven, LP Request to Rezone ±12.39 Acres from CL to CH and Request to Rezone ±2.79 Acres from RMH-6 to CL (Appeal of Planning and Zoning Commission Denial) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 1, 2016. DESCRIPTION AND CONDITIONS This is an amended request to rezone ±12.39 acres from CL, Limited Commercial District to CH, Heavy Commercial District and ±2.79 acres from RMH-6 Residential Mobile Home District up to 6 units/acre to CL, Limited Commercial District. The entire property to be rezoned consists of +15.18 acres. As depicted on the location map below (Figure 1), the subject property is located east of Old Dixie Highway, North of 77h Street, and west of US Highway 1. The purpose of this request is to secure the necessary zoning to develop the subject CL zoned property with uses permitted in the CH zoning district and the subject RMH-6 zoned property with uses permitted in the CL zoning district. For the CH zoning district, those uses include storage, warehousing, and contractor trades uses. For the CL zoning district, those uses include banks, beauty shops, general and professional offices, and grocery stores. On January 14, 2016, the Planning and Zoning Commission (PZC) voted 6 — 1 to deny the applicant's original request to rezone the entire ±15.18 acres to CH, Heavy Commercial District. According to the County's Land Development Regulations, the Planning and Zoning Commission's denial of a rezoning request is final unless appealed to the BCC within 21 days of the PZC's decision. On January 22, 2016, 8 days after the PZC's decision, planning staff received a letter from J. Wesley Mills, agent for the owners/applicants, appealing the Planning and Zoning Commission decision (see attachment 5). Based on concerns raised at the Planning and Zoning Commission meeting, that appeal letter also o included a modification to the original rezoning request. That modification is to rezone the RMH-6 property to CL rather than the 205 originally requested CH. That modification would result in placing CL rather than CH next to an existing non -conforming mobile home park to the north. Existing Land Use Pattern The subject area of the county consists of a mixture of residential, commercial, and industrial uses. As shown below in Figure 1, the subject ±15.18 acre property is vacant and contains trees and vegetation. Figures 2 and 3 below show that the properties to the south/southeast are zoned CH, Heavy Commercial and contain trees and vegetation. The property to the north has a non- conforming RMH-6 (Residential Mobile Home District up to 6 units/acre) zoning and contains a mobile home park. The park, known as "Palm Paradise Park", is grandfathered in at a density of 13.48 units per acre for 50 mobile homes and 22 RVs (recreational vehicles) and currently has 67 units occupied (45 mobile homes and 22 RV spots). During the rezoning process staff learned from the new park owner, Bill Brehm, that Palm Paradise was purchased in 2015 and that the park's water and wastewater infrastructure has been recently upgraded. Palm Paradise Park and its RMH-6 zoning are non -conforming with respect to that site's C/I (Commercial/Industrial) land use designation which is shown on Figure 4 below. The area immediately north of Palm Paradise is zoned CL. To the west across both Old Dixie Highway and the Florida East Coast Railroad (FEC), property is zoned IL, Light Industrial; RM -6, Residential Multi -family (up to 6 units per acre); and PD, Planned Development. Those properties contain single family homes along the north side of 77`h Street, a Waste Management facility (former packing house) just north of the single family homes, and a golf course. To the southeast, is vacant property. To the east across U.S. Highway 1, properties are zoned CL, Limited Commercial. Properties south of 79'h Street are owned by the Indian River Land Trust for conservation purposes and contain vacant land. A retail store exists north of 79th Street. Figure 1 Aerial image of subject property and surrounding uses 206 Figure 2 Existing Zoning of Subject Property Figure 3 Proposed Zoning of Subject Property 3 P1116 ILI MPM Seven LP, +/-2.79 CL RS -1 Acres RMH-6 to CL""� PD ztnrsam-.raa.... PD nary-�:maane RM 6, . l -RM-6 T Y MPM Seven LP, +/-12.39 °a . $muffs. Acres CL to CH PD . af3 Ir k_ < C !° i [ .Sr: l -S- FS aio�saa�.wn se 1tp�Y tm,sr qry r..r aaa s■v axs CL Figure 3 Proposed Zoning of Subject Property 3 P1116 Future Land Use Pattern The subject property and surrounding properties to the north, south, and east are designated C/I, Commercial/Industrial, on the Comprehensive Plan's Future Land Use Map. Properties to the west across Old Dixie Highway are designated C/I and L-2, Low Density Residential -2 (up to 6 units/acre). The C/I designation permits various commercial and industrial zoning districts. The northern most portion of the subject site is currently zoned RMH-6, a residential district which does not conform to the subject site's C/I land use designation. The proposed rezoning will eliminate the non -conforming RMH-6 zoning from the subject site and establish a conforming district (CL). Figure 4 Future Land Use Designation of Subject Property 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 North County Regional Wastewater Treatment Facility, while potable water service is available to the site from the North County Reverse Osmosis Plant. 4 208 Transportation System The subject property's west boundary abuts Old Dixie Highway, while the subject property's east boundary abuts U.S. Highway 1, and the subject property's south boundary abuts 77th Street. In this area, Old Dixie Highway is a two lane paved road with 66 feet of existing public road right-of-way and is classified as an Urban Collector on the future roadway thoroughfare plan map. According to the county's comprehensive plan, this segment of Old Dixie Highway needs 100 feet of right-of-way. U.S. Highway 1 is a four lane divided road and is classified as an Urban Principal Arterial on the future roadway thoroughfare plan map with 120 feet of right-of-way. According to the county's comprehensive plan, this segment of U.S. Highway 1 needs a total of between 120 feet and 160 feet of right-of-way for future roadway needs. This segment of 77th Street is classified in the county's comprehensive plan as an Urban Collector. It currently has between 75 feet and 80 feet of right-of-way. For this segment of 77th Street, the comprehensive plan calls for between 80 feet and 100 feet of needed future right-of-way. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing CL district and the proposed CH district (see Attachment 3). The existing RMH-6 zoning district and the proposed CL district are not similar (see Attachment 4). The 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. 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. RMH-6: Residential Mobile Home (up to 6 units per acre). The mobile home districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential use, providing opportunities for developing mobile home subdivisions and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunity for a varied and diverse housing supply. 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; 5 209 • 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). Adequate provision of those services is necessary 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. Pursuant to 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 CL zoned property, the most intense use (according to County LDRs) is 10,000 square feet of retail commercial gross floor area per acre and for residential rezoning requests, the most intense use is the maximum number of units that could be built on the site, given the size of the property and the maximum density under the proposed zoning. 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: 2. Existing Land Use Designation: 3. Most Intense Use with Existing Zoning a. Limited Commercial (CL): b. Residential Mobile Home up to 6 units per acre (RMH-6): 4. Most Intense Use with Proposed Zoning a. Heavy Commercial (CH): b. Limited Commercial (CL): ±15.18 C/I Commercial/Industrial 123,900 square feet of Retail Commercial 16 Mobile Home Units 247,800 square feet of General Industrial 27,900 square feet of Retail Commercial As per section 910.07(2)(e) of the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase density or intensity of use are exempt from concurrency requirements. With this rezoning request, a combined ±12.39 acres of general industrial and ±2.79 acres of limited commercial produces fewer trips than a combined ±12.39 retail commercial and ±2.79 acres of residential mobile home zoning. Therefore, the subject 2 210 zoning request is exempt from concurrency review because the requested zoning will not increase the use intensity of the site. When new development is proposed for the subject property, a detailed concurrency analysis will be conducted during the development review 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 both CL and CH zoning are allowed in the C/I designated area, the proposed zoning is consistent with the Future Land Use Map. 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 allows uses, subject to applicable zoning district regulations, that include storage/warehousing, retail, office, and service uses. Since the subject property is located within the County's Urban Service Area and the requested CH and CL districts are 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 With respect to the southern portion of the subject site's current CL zoning, it is staff's position that either the existing CL zoning district or the requested CH zoning district is appropriate for those properties and that development under the requested zoning district will be compatible with surrounding land uses. With respect to the northern portion of the subject property which is currently zoned RMH-6 and designated C/I (Commercial/Industrial), that property's zoning designation is nonconforming because it is not a zoning district that is allowed within the property's C/I Future Land Use designation. Also, property to the north of the subject property is zoned RMH-6 (a non -conforming zoning district). To eliminate the non -conforming use and 211 zoning of the adjacent property to the north, the long term intent is to replace its current mobile home park use and RMH-6 zoning with a commercial use and zoning district. In the interim, during the transition, regulations are in place that will minimize impacts from any commercial development of the subject property on the adjacent mobile home park. The County's land development regulations (LDRs) require' that buffers be established between commercial/industrial uses and residential uses. In the case of the subject property, at the time of development a "Type B" buffer and 6' opaque feature will be required adjacent to the mobile home park if the park use is still in place at that time. That buffer will be between 25 feet and 30 feet wide, will consist of a substantial planting of vegetation, and will include a 6 foot tall opaque barrier. Also, at the site planning and design stage, the northern portion of the subject property can be used for additional buffering and stormwater retention facilities associated with development of properties to the south. Finally, the proposed CL zoning is consistent with the CL zoned area that lies immediately north of the non -conforming mobile home park. Additional design and use protections from the Wabasso Corridor regulations will also apply to the subject site. Those regulations are found in Section 911.18 of the County's Land Development Regulations. With respect to design requirements, the special corridor regulations will provide for such things as shielding of any outdoor lighting fixtures, additional vegetation plantings, and various aesthetic improvements. With respect to uses on the portion of the subject site to be rezoned to CH, the corridor regulations prohibit certain CH district uses that might otherwise be permitted, such as recycling centers, automotive sales and/or rentals, mobile home trailer sales, flea markets, outdoor auction facilities, and outdoor storage. Generally, the exclusions focus on prohibiting or restricting uses with an outdoor storage and/or outdoor sales component. Overall, the subject site and area is in transition from older nonconforming residential uses and vacant land to commercial uses. Generally, sites such as the subject property that front on major roads, are adjacent to Old Dixie and the FEC railroad, and abut properties with the same C/I future land use designation are appropriate for any one of several different commercial zoning districts, including CL, CG, and CH. Like the subject property, properties to the south and southeast are zoned CH. Land to the west across Old Dixie Highway and the FEC Railroad is zoned IL and RM -6. Land to the east across U.S. Highway 1 is zoned CL and land to the north, as discussed above is zoned RMH-6. Given the existing CH zoning to the south and southeast, the presence of two major roads, the presence of the FEC railroad, the presence of industrially zoned property to the west, the additional Wabasso Corridor use restrictions, and the significant separation of the subject site from residentially designated property, the subject site is appropriate for CH and CL development under the requested rezoning. Over the long term, no incompatibilities with adjacent properties will exist. In the short-term, potential negative effects of commercial development on the adjacent mobile home park to the north will be minimized through existing buffer and corridor requirements. In addition, the proposed CL zoning between the proposed CH zoned property and the existing mobile home park to the north will provide an area for the development of restricted commercial activities such as retail, offices, parking, and "soft" improvements such as buffer and stormwater management area that will further minimize impacts on the adjacent non -conforming mobile home park. For those reasons, it is staff's position that development of the site under the requested CH and CL districts will be compatible with the surrounding area. 8 212 Potential Impact on Environmental Quality The subject property is an undeveloped site with native and non-native invasive species of vegetation. Any proposed removal of native trees on the property associated with site development will be subject to county tree protection requirements, including mitigation of any specimen trees removed, if applicable. Since the subject property contains no environmentally important land, such as wetlands or environmentally sensitive uplands, development of the site is anticipated to have little or no impact on environmental quality. For those reasons, no adverse environmental impacts are anticipated as a result of rezoning the property from CL to CH and from RMH-6 to CL. CONCLUSION The requested CH and CL zoning districts are compatible with the surrounding area and are consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for commercial uses, including CL and CH district uses, the subject properties meet all applicable criteria to be rezoned to CL and CH. For those reasons, staff supports the request. RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners approve the rezoning of the subject properties by adopting the attached ordinance. ATTACHMENTS 1. Summary Page 2. Rezoning Application 3. Table of Uses for Commercial Zoning Districts 4. Table of Uses for RMH Zoning Districts 5. Appeal Letter 6. Approved Minutes from the January 14, 2016 Planning & Zoning Commission Meeting 7. Ordinance Approved Agenda Item: For: By: r Indian River Co. Approved Date Admin. Legal Budget s Dept. s/1 -7//b Risk Mgr. 213 SUMMARY PAGE GENERAL Applicant: MPM Seven, LP Location: East of Old Dixie Highway, North of 77" Street, and West of US Highway 1 Acrea e: ±15.18 Land Use Designation: C/l, Commercial/Industrial Existing Zoning: CL, Limited Commercial District and RMH-6, Residential Mobile Home District (up to 6 units per acre) Requested Zoning: CH, Heavy Commercial District (±12.39 acres) and CL, Limited Commercial District (±2.79 acres) Existing Land Use: Vacant ADJACENT LAND North: Palm Paradise Mobile Home Park, RMH-6, Residential Mobile Home District (up to 6 units per acre) South: CH, Heavy Commercial East: U.S. Highway 1 and CL, Limited Commercial West: Old Dixie Highway, FEC Railroad, IL, Light Industrial, and RM -6 Residential Multi -family (up to 6 units per acre) INFRASTRUCTURE Wastewater service is available to the site from the North County Regional Wastewater Treatment Facility, while potable water service is available to the site from the North County Reverse Osmosis Plant. ENVIRONMENTAL CONSTRAINTS None / Flood Zone X PUBLIC NOTIFICATION STAFF RECOMMENDATION Approval MPM Seven LP Property +/_2.79 Acres RMH-6 to CL PD MPM Seven LP Property +/_2.39 Acres CL to CH PD 10 ill•\ R.C1 au m ATTACHMENT 1 214 Planning and Board of County Zoning Commissioners Commission Staff Bill Schutt Bill Schutt Contact: DateDec. 30, 2015 Feb. 15, 2016 Advertised: # of Surrounding Property 10 10 Owner Notifications: Date Notification 12/30/15 2/15/16 Mailed: Date Sign 12/30/15 2/15/16 Posted: STAFF RECOMMENDATION Approval MPM Seven LP Property +/_2.79 Acres RMH-6 to CL PD MPM Seven LP Property +/_2.39 Acres CL to CH PD 10 ill•\ R.C1 au m ATTACHMENT 1 214 .,• APPLICATION FORM ' REZONING REQUEST (RZON) f -Y t4-0\1 20015 INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required !_ attachments. An incomplete application will not be processed and will be`retu_rned to the_ applicant. y S Assigned Pro ject Number: RZON - - ` tet.. Current Owner Applicant (Contract Purchaser Agent Name: SEE ATTACHED MPM Seven, LP Mills, Short & Associates Complete Mailing Address: 3900 Galt Ocean Dr. #2617 Fort Lauderdale, FL 33308 800 8th Std Phone #: (including area code ' 772.226.7282 Fax #: (including area code E -Mail: Wmt9seMUlsshortessodete&CM Contact Person: lRobart MdGrdey J. Wesley Mills Signature of Owner orAgent: Property Information Site Address: 7815 U.S. Highway 1; 7750 Old DWe Hwy; 7855US Hkftway 1; 7910 Old Dude HWY• Vero Beach FL 32967 Site Tax Parcel I.D. #s: 3139340000000000002.0; 31393300000700000035.0; 31393300000700000037.0; 31393300000700000027.0 (addressee above listed M order with parcel *s) Subdivision Name, Unit Number, Block and Lot Number (if applicable) ExistingZoningDistrict: See Attached M N 6 Existing Land Use Designation: Cl Requested Zoning District: CH A,- d C 1— Total ss Acreage of Parcel: SEE ATTACHED Acreage net to be Rezoned: Existing Use on Site: VACANT LAND ProNsed Use on Site: COMMERCIAL DEVELOPMENT 3 � c? e-- f � r ---I C L- C't4 fi 2 -7q teresr Attachm6nt 2 215 NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 FACommnnity ncvdapm=AUs=kV1cl W0PMsas 216 THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMSApplicant's Checklist Staff Checklist 1. Fee: Property Size' - Less than 5 Acres $1550.00 - 5 to 40 Acres $200000 e - 41 to 100 Acres $2,300.00 -More than 100 Acres $2,500.00* * $125.00 for each additional 25 acres over 100 acres 2. Completed Rezoning Application Form front page)✓" 3. Letter of Authorization firm Current Owner(s) f - OR Current Owner is A licant 4. Verified statement (separate letter) naming every individual or entity having legal or equitable own in the 5. -One 1 C6py of the current Owner's Deed / 6. A Current Owner's Title Policy Q$ A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the 7. One (1) SEALED boundary survey of the area to be / fined- The boundary survey shall include, but ✓ nbt 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 L3 a north arrow S. Electronic version (MS Word is preferable) of the legal description 9. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 FACommnnity ncvdapm=AUs=kV1cl W0PMsas 216 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. (g) 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 1 217 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: 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 2 218 T mmercialLamUse>Deslgn �-a.."..p i ik rN_ !s�4:. v t7�z.� Y - � S-}-'•: �q: MT' �• T3Vr:S..P:•w .:}(.�� 3 :fir^.: !� _ -_ _ �i$Y.7 at ��•f+� - �-'�"�••ia��d� ,� .a •ht��15•.;,..I _ i i�'{Ei-.-�°";rt�v{�.x�.�'••K'-�� j9 - _ '� . . �a_.rt 4 . -i'� .r1•\'.� : _ ��'��:.�• .°!S "C ,� _ -_.cYl:is.:C'a -:�`.. - i .. -i ti G.. _ v.i �+:'v' TTJ �{'.- >1y:A,'}. _ -?' •.:�ia"aL°.� :5; .-� '->.Yi t.p4'��?'.-i�_'+' f1, "' ll3;IRCw„•, n�A�?�'.1^-�i%. { •` _ :'. . f;t V1f• �.v t>2 ,-��•,�,=i •�. �..: :.�� 1� `•' '�'�i' �s,• � p �+�i�i2_�LtT d_ .F`'- _ ff T'��=�-a 'U`, Ur _ .'IS'�l�'.'i�r; -'� Jir'A+s ��.� ..'lam a-'c`�. .. �s.�'y'�...+-aia'i '.r"i...�� _�„ i<-� �Ix�y rSY --�1 '.Sia,-_��.r_ .`�..lC.��` PRO' X 1 OCR I X - - MED X I - I - j CNZ � - - � - I CL i X X - { CG I X X X i CH X I { X { I_ - 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 2 218 t Sir c Agriculture I � i i Agricultural Production Horticultural and landscape plants and P P P specialties i Kennels and animal boarding - - i - - I - A I A Pet -grooming (no boarding) P P P Agricultural Services Landscape services I i , P P Commercial fishery P II Commercial Construction General building contractors/special trade contractors/construction yards' Finance, Insurance, Real Estate, Legal ------------ Services Banks and credit institutionsP P P P Small-scale banks and credit institutions A P P i P P P Security and commodity brokers P PP P Insurance agents, brokers and service P P P P P ( - I Page 3 219 Page 4 220 i0l,-. ?0 P 0 j OCR :MEDIA C Automatic teller machines- I P P P P I P Real Estate P P P P P Holding and other investment offices P P P P P ( - Legal services P P P -T P Services Lodging facilities hotels and motels P P P P Boardinghouses A A I A P Bed and breakfast P A I A A I A A Membership based hotels- - P Personal Services FT I I I Laundries and laundromats (excluding P P P drycleaners) I Garment pressing and drycleaners drop- P P P off/pickup L Linen supply P P Carpet and upholstery cleaning P P Drycleaning plants P Photographic studios A P P P Beauty shops A P P P Page 4 220 Page 5 221 OCW-I -; ioto� CLY-� jid X A P P P Barbershops Shoe repair A P P Funeral homes P Funeral chapels I I I p � �_ Crematoriums 1 � lP P Business Services Advertising P P P P Credit reporting and collection P P I I 1 P PP Mailing, reproduction and stenographic P P P P services Equipment rental and leasing Employment agencies P III P - I P P III P P P P Help supply services — ------------ P P Computer and data processingP P PP IIT P Bail bondsmanP P P General and professional office' i P P P P P Auto Repair, Services and Parking Automotive rentals P P Page 5 221 N Vr _'CH parking and storage P TAutomobile P Body and paint shops P General automotive repair P-1 P Carwashes P P P Automotive fluid sales and services (other A P P than gasoline) Miscellaneous Repair Electrical repair P P P Watch, clock, jewelry P P P Reupholsters and furniture P Welding 'p, Motion Pictures � i� I Production and distribution services P P Motion picture theatersj-�--P I P Drive in theaters (unenclosed commercial S amusement) l ( ! I I Video tape rentals P P P Amusement and Recreation Dance studios, school and halls, gyms1 7 P P P Page 6 222 _ c �-� 'f'" 'C : r_+ :`- ...y$'i'ih.: :y'r •—.. t'y�-7i�' _"- 4i�?ic, 3-._6'�.,' - - �-»w, 'tel." .F �i _ ty�+.,.J'. „'; v~.K. _ .r v3:�r�5 hti :i .�•<f�•_,�.:^"j ��iY�,'. .i CG , = CHlv''� '- �' � :-� .� :jn�i�•.J NVI .2^ .'(�� --�:;s" �i�`�S �O :( Theatrical production including music I I - ( - - - P P - Enclosed commercial amusements - I - - - ( P {� P P I Unenclosed commercial amusements I except miniature golf courses and driving j - - - I - - - S ranges I Health and fitness centers — - - - A ( P P P Membership sports and recreationj - I - - ! - P—J I P —T P I I Coin-operated amusements i - �I - - P P P - Miniature golf courses I - - - - i - S A Driving ranges - - - - i - + A i A Health and Medical Services I I Offices and clinics I ' P P P I P I P P I - Total care facilities ( - - P Hospitals - P- I ' Medical and dental. laboratory ( I - I P i P I I Home health care services ! !1 - I P P I I P Specialty outpatient clinics- - P I P I P Veterinarian clinic - I - - - I A i I A l A Wholesale Trade + j Page 7 223 Page 8 224 CG' Durable goods (not including demolition jP debris site, junkyards, recycling center) Nondurable goods I l - � - ( - - I I - + i - i P I Recycling center (including vegetation A debris mulching) � I f 1 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 i P P ff Model mobile home display A P Mobile home trailer sales A General Merchandise Department stores - -T I A ^ I P ( I Variety stores T— P Flea market A Auction facilities, unenclosed A Auction facilities, enclosed PP Page 8 224 Page 9 225 • v-tr. _ _ �-,u-: ✓ ' 'Y: :. a F _ _ -- __'I ,r - c . � •�; _;� - -� .v x -.�r'i5 [[� ;;...� .y rI S z 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 t P P Candy, nut and confectionery stores- { - P T P P , I 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 Gasoline service stations A i P P Boat sales and rentals A P Recreational vehicle sales A A Motorcycle dealers P P Automotive fuel sales - I - A ' T P P Commercial marina A P Page 9 225 `. r(y i % �Y.4 ry a +c'-' . o D + <. _ .:' - "�',_: 4'�ry.y.'•i•r_ ,�•.�• ,:. -PRO, MED. :CN,.; CLQ ` jyGi�_:, 7-777 J j Marine repair and service �- - - - - A P Apparel and Accessory Stores-+ - I j - P P P Furniture and Home Furnishings II Furniture and home furnishing stores - - I - - A P P Small-scale home furnishings showrooms j (excluding furniture and major appliances) IHousehold appliance stores i - - - - A P l P j Radio, television and computer stores I i - , - - I P P P 1 - _ Eating and Drinking Establishments i —T Restaurants - - A P P �- P I Carry out restaurants - I I A A P P P FP i Drive through restaurants --� - —�--- P —�—P � Bars and lounges j - - - - I S P I P 1 F— Bottle clubsI - I - - - ! - S 1 A Miscellaneous Retail !i I Drug stores I - - P A P P - 1 Liquor stores ; - I I P P P r j Miscellaneous shopping goods I i 1 - - I - - P P - I Page 10 226 4 D W CR MED -H Florists P PP P News stands P Sporting goods PTP Optical goods P P I P P Gift stores P _ P FP Book and card store P P F—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 -T --I I Fruit and vegetable juice extraction 7 A I Community Services Educational Services Educational centers including primary and secondary schools A Colleges and universities A A A Libraries A A A A P P Vocational, technical and business P P P P P Page 11 227 Page 12 228 Institutional Individual and family services P Job training services —F- I Child care and adult care A A P A P P Homes for aged, including nursing homes and rest homes Residential treatment center S S S Place of worship Group homes (residential centers) S S Adult congregate living facility (21+ P residents) Cultural and Civic Facilities P Civic and social membership organizations A P P Public Administration Courts P P P P Industrial Printing and publishing P Page 12 228 Page 13 229 iD st ,.C4 Machine shops P Chemicals and Plastics _T Rubber and plastic footwear P Hose, belts, gaskets packing P Assembly production (not including P manufacturing) Transportation and communication ( j Railroad/Bus Transportation Services Local and suburban transitP P Trucking and courier services P Commercial warehousing and storage I �•� I � � I P I I _ Moving and storage P Trucking terminals P Self-service storage facilities S A P Outdoor storage A I Vehicle storage lot (paved/unpaved)' P Post Office P P P P P P P Water transport services P Page 13 229 Page 14 230 X - 0 E,,,?. "'M C Air transport services P Pipelines P Heliport/helipad 1 I Recycling centers - i - - - - - i A Travel and tour agencies P P P Freight transport arrangement 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 i P Communications towers (wireless facilities) As As As As Communications towers (non -wireless facilities)' Amateur radio (accessory use) _F Less than 80 feet P P P P P P P 80 feet or taller (see 971.44(4) for special criteria) 7S S S S S S S Commercial Up to 70 feet: Page 14 230 5..-i, •a.S k,:' c. ;k'.�� tea(: �,: ` ��', .. . y. ,�'':> t--,,, ."yc � . ��"�'� - - ,f .�• 171: - moi•-. :•ry- - .-,}�>s ' . All tower types (see 971.44(1) for special criteria) I ( CNf' ' I Public and private utilities, limited A A A A I A I A P Public and private utilities, heavy a Camouflaged P P P p _i p Non -camouflaged P P I P P P P s I 70 feet to 150 feet: Camouflaged A Monopole (minimum of 2 users) A i Not camouflaged and not monopole ( S 1_ P P A ( A ( A A i A I A A A A A I A i A 1 f S S S I S-1 S S l r Over 150 feet: -F-I l All tower types (see 971.44(1) for special criteria) I ( ' I Public and private utilities, limited A A A A I A I A A Public and private utilities, heavy S (�— Residential Uses --�! i Single-family dwelling i i — P I P Duplex P P Multifamily dwelling --Accessory P P A A A I A - j housing (watchman) - - - - - - i p P = Permitted use A = Administrative permit use Page 15 231 S = Special exception use No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(l 1), 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) 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: -All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. -The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. -Except for vehicle parking, all uses shall be conducted within an office building. 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. - ':`.� .+ �';' SL -r i?o� •:i". :'As �.r: ?tE�.� ia'� 3S _�—i'=y'..=.';. �%' •a-.. .!-�� s:.� >->: • :«=>` ;z3-: ,� -,�.; _ � • �i � � DIStFICt; •. • +s._ .:. ..`-tv. ''+.: ;: .=:i,ih5'• ra •'`_Y_ -t,; - sr. •.p--3-�.- c�'n��'Y .4°._,�.i:` �. i{:.t�4ri+•`- _ .)tl t' i; ,*..r - - ' - f; r�� ''mac' :_h`-` .435-' -•r `�g�;. •:4 - --`. •+. - _ ;3- ?i•e - ,.�� '�:F'� • :,..,,� -.t .,PRQa� -t~ OCRY:. FJ �... MED� _ �>CfV�--_, r �. CL - s�z'CG�s: =�: •Cc_`�` 3-:�{+� •-ter.. ,i_: �` �r '. ��y�: .,^4,'� ,F1t�; _:�': :.; •.A+.;%.�,� tx-.. •;i::� .,.?:. sra..'._s��• :� '.�'� j :: Yc.g �'... �.r'�'<<:." 7• :�J: :r' �'�'s:'=i. ..�kK�kr Si -' .+R- - $ y�q�K�" _ .€ • n'd.. � � , � .�2.:,•i.?1 %"i_.ti Mi:. s' ris 1 �K. 'T -4Y �� •� '.1� 8;�. '=,'2; ,:',s,'.- " ...=�.. _ 3 �->•, ,,..k:., _ _I��_ �.�� ^�:y,lta^ _.zs•-Y�j-. �; :;�:4a.,;w.,y ,:r-A.�� {( P'?t�x.� r:�l .. _ ..3 - -w". c r3��,..�'"r>."'i..7!`a `—�'•'2C�.t.�3r.:d+ii.•.� ��'-'fi .a:.=_�?'-`zn� "'.ia�ai �t� :�a::-- '="'L,' = �� Bikeways I x I x x x x x �— x ' Sidewalks x i x x x x x x ' Streetlights x x x x x x ' x (7) Size and dimension criteria: Min. Lot Size sq. ft. 110,000 10,000 20,000120,000 10,000 10,000 10,000 Page 16 232 ^�:- Y °` �'.:�- - w�Y c'x.p.�i - - _ __ � - _ -�J -':-�'. .i q..z"�•.: . g =i : i1 `•F F -:i.: - C+ ~MED '?? :- _ ,i.. .-..t, ,dI -'�•.' = - . S -tom _ j CG - _1 -•'a,K ``t •''ll Min. Lot Width ft. 100 I 100 100 100 100 100 I 100 Min. Yards ft. Front Rear i 25 I 25 i 25 I 20 25 20 25 20 i 25 10 I 25 ll 1 ( 10 25 I 10 _ -�-20 1 Side 20 20 20 10 { 19 I 10 I ' Max. Building Coverage % 35 40 40 40 40 i 40 40/50* i I I I I Min. Open Space % I 35 I 35 I 30 30 25 25 20 i - J r-- Max. Building Height ft. 35 35 35 i 35 35 + 35 , 35 I Residential District Regulations RM -6 I RM -6 RM -8 i RM -8 i RM -8 j RM -8 t RM -8 Hotel and motel minimum square feet of 1200 1200 - 1200 11200 i land area per unit I j I II i 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 17 233 (8) Required buffer yards- 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. 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 (21/2) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria. Page 18 234 ,.°- ,;,.. Abuttiri ?Use District; f Single -Family( Multi -Family District ' Buffer Type Buffer Type jI � 1 PRO C - 6 ft. Opaque i C - 3 ft. Opaque OCR ' C - 6 ft. Opaque I ! C - 3 ft. Opaque I MED C - 6 ft. Opaque C - 3 ft. Opaque j CN B - 6 ft. Opaque C - 6 ft. Opaque I i CL I B - 6 ft. Opaque C - 6 ft. Opaque � CG B - 6 ft. Opaque C - 6 ft. Opaque i 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. 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 (21/2) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria. Page 18 234 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 lots 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. 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. 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, § 1 E, 4-2- 02; Ord. No. 2002-031, § 1 E, 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 19 235 Section 911.09. - Mobile home districts. (1) Purpose and intent. The mobile home districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential use, providing opportunities for developing mobile home subdivisions and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunity for a varied and diverse housing supply. (2) Districts established. The following districts are established to implement the provisions of this chapter RMH-6, RMH-8 (3) Relationship with land use map. The mobile home districts may be established in areas designated M- 1, or M-2, medium density, on the future land use map. (4) Uses Uses in the mobile home 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 for mobile home dwellings in approved subdivisions and parks. 1�:: '�;nF;:"- - . _ _ .,;: R`e;;:;,{;v=�: :�xa -, y'.r'^ " :;s _ - _ - - -�- �:t.;- tt5�.d:_� • i�:i. '!`.�, r5.'�a!r ,. �:%".y" . ' - "y3%'-- -v '�i .?',:..i -.e '`�3i's�•;: ;°' : i 4. - �.� a �-7; "y, .r5ji�:Sr�=' ` _ ...�. .. .:'A-±� �5:! "R '-'�: � = �-_.T'�`-�::`=�- • " .,, ..:f=' ':: ,�. _-'��s :-�'`: - -'7 . r;;r,..'�:ZiS'� a�,Y Yi'b•' • °.:ma`ti`'"-:: •<,, "-..%..1'Cz-_ " - _ £, y�t.Y 'ti.2;.s� by - :� rwy. :.fi>a'' `..>'e,•`: - �y "'� y �W ^' - v`i'='G"'' `r.;. �:c's::c,,;' ,`b .= '.`'% .� �- - ---��Discrict _ `t_'-.2 - - -5,, _ � ' ".-t `a' • ___.��3.-... �.' a� t3;s `>`�a�t.;� �'�:'.�."•arm='� v.�r..H, �" - - - •.u.:.�i'+..;u: _ ,;)qF.:`x?„ '.;£il,,^:F,wv'_:ra�.a4" -5'.:u..�'-e';; .. i_ •'.ij:�.i:"''!S°iiti: ice}'.•' -' y.•�?� 5i:. c n;X `: ,,. r.; -z' C' • - _ _ .s•r :'�'i ., `^..c - _ • .1:��i`� �`.i2:." ,�y...,� -..,=. >=�=,�;i= •"�-��=_�'.Uses�.:�S�4=-��:'_~ •� : Y, •,.--•-,�•- - --1 N1H=b;� `.M_H=83•-{_' R jijt( :�- _ ��,�� -� :f� { -;.?L?:i _ `:4�',; ,.1.Q-Lt,,.i;''x-a2t.' ?iTr":• _ a.Y ti.7r Y.. , - _ ../�^:/. .,C"A``-.._`'.,2^'_` '_! j ; .•G ' :R_ -1_ 1 •_bi:l� - .:i�• :y •�'-•-L"-• (;.y>•iz,n,�5"r.�.:.. ,.Ft. �•"� .�.i ��'�'�.i r :': r ;q4 �` %• �� *. �'�'tJ. � r�� t7•"£. `�' � - �` - �.��. a _ �i -=�.r ' _ _�• ..ate Residential Mobile homes I P P 1 Single-family dwellings ! I� Pz i Pz Accessory single-family dwelling unit —� i AZ Az Limited recreational vehicles in mobile home rental parks i A A j Institutional Child or adult care facilities A A s Foster care facilities s P P I Places of worship A A T Group home (level 1) i A P Group home (level II and III) j 1 S I A Attachment 4 Page 1 236 zi �r zp; RMH Group home (residential center) S I S Adult congregate living facility (20 resident maximum) S A Adult congregate living facility S S (21+ resident maximum) Community Service Emergency services P P Educational centers including primary and secondary schools S S Government administrative building i S S Community centers S Recreation Country clubs i S S Golf courses S S Public parks and playgrounds A A Tennis facilities S I S Utility Communications towers (wireless facilities including cell towers) A' Al Communications towers (non -wireless facilities including TV and radio broadcast towers) Page 2 237 P - Permitted use A - Administrative permit use S - Special exception use Page 3 238 :District;: mesi, R M H 44'f Amateur radio (accessory use) Less than 80 feet P P 80 feet or taller (see 971.44(4) for special criteria) S S Commercial Up to 70 feet: Camouflaged P—i P Non -camouflaged 70 feet to 150 feet: Camouflaged A A Monopole (minimum of 2 users) ( - - Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for special criteria) Limited public and private utilities A A Public and private utilities, heavy S S P - Permitted use A - Administrative permit use S - Special exception use Page 3 238 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 2 Allowed only on platted lots or legally created parcels not located within mobile home parks, where spaces are rented or leased, that existed prior to May 16, 2006. (5) Accessory uses and structures as provided in Chapter 917. (6) Additional regulations (a) Compliance with subdivision regulations (Chapter 913). All developments within the RMH-6 and RMH-8 districts shall be subdivided and platted pursuant to the provisions of the Indian River County subdivision and platting regulations (Chapter 913). (b) Construction standards. All mobile homes shall be constructed in compliance with specifications set forth by the National Fire Protection Association (NFPA) under the association's code of specifications for mobile homes and travel trailers and applicable state and federal regulations. Each mobile home, trailer, or other portable living unit shall be anchored in a manner prescribed by the building code consistent with the federal department of housing and urban development standards. The minimum first floor elevation shall be at least eighteen (18) inches above the crown of the adjacent street. All awnings, carports, principal patios and accessories to the building or accessory buildings shall be constructed in compliance with the building code of Indian River County. (c) Mobile home undercarriage skirting The frame, axles, wheels, crawl -space storage area and utility connection of all mobile homes shall be concealed from view through the use of durable all- weather materials manufactured specifically for the purpose of covering the undercarriage area. Such skirting shall be fastened in accordance with manufacturer's instructions and provide for adequate ventilation. (d) Common vehicular storage areas. All mobile home developments within the RMH-6 and RMH-8 zoning districts shall provide for a common area for the storage of recreational equipment including boats and recreational vehicles. 1. Screening. All storage areas shall be a minimum of thirty (30) feet from any adjacent mobile home lot line, enclosed by a security fence, and shall be screened from neighboring residences by a type "C" buffer with a six-foot opaque feature as set forth in Chapter 926, Landscaping and Buffering. 2. Minimum area. All storage areas shall provide a minimum of one space for every ten (10) mobile homes. All stalls shall have a minimum width of twelve (12) feet and a minimum depth of thirty (30) feet, and all drives shall be a minimum of twenty-five (25) feet wide. (e) Buffering along development boundaries. The following buffers shall be required along the boundaries of any mobile home development: Where the adjoining land use (excluding other mobile home parks) is other similar or higher - density residential use or is a local or collector street, a thirty-foot setback with a type "C" buffer and a six-foot opaque feature as set forth in Chapter 926, Landscaping and Buffering, shall be. provided. Where the adjoining land use is an arterial street, a residential use of lower density or a nonresidential use, a forty -foot setback with a type "B" buffer and a six-foot opaque feature as set forth in Chapter 926, Landscaping and Buffering, shall be provided. The areas outlined in subsections 1. and 2. above may be included as part of the respective adjacent lots, but shall not be included as part of the required minimum lot area. Page 4 239 /7\ Required improvements. All future subdivisions and site plans for development within the RMH-6, and Rk4H-8 zoning districts mhoU inoboU the following improvemenbo, designated and constructed to the requirements and specifications in the Code of Laws and Ordinances of Indian River County and the State of Florida: (8) Size and dimension criteria - District -T Sidewalks d.u. per gross acre 6.0 (8) Size and dimension criteria - Maximum density d.u. per gross acre 6.0 8.0 Minimum lot size sq. feet 7,000 5,000 inimum lot width SF feet 70 50 Minimum yard feet Front 2 20 Side 101 10 Rear 20 20 Maximum building height feet 35—] 35 Maximum building coverage Mobile home percent of lot , 40 —�-40 I� Other i 30 30 j Minimum open space percent of gross area j` 35---35 Minimum district size j acre 20 0 'Except that side yards for mobile home parks in existence prior to April 11, 1985, (regardless of current zoning), shall be established as follows. Every mobile home residence shall be located on a space so that no living space is closer than twenty (20) feet to any adjacent living space and no accessory structure shall be located closer than ten (10) feet to any other structure on an adjoining space. An accessory open carport or a combination open carport/storage shed structure may be located within three (3) feet of a structure on an adjoining park space if the accessory structure is on a park space having an area of less than five thousand (5,000) square feet and if the park space was lawfully established prior to site plan or permitting requirements or was created in accordance with site plan and permitting requirements in effect at the time of the park space establishment. 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 (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 18, 19, 12-4-91; Ord. No. 93-8 § 1, 3-18-93; Ord. No. 94-1, §§ 2F, 4A, 1-5-94; Ord. No. 97-16, § 3(4), 5-6-97; Ord. No. 2002-016, § ID, 4-2- 02; Ord. No. 2002-031, § 1D, 11-12-02; Ord. No. 2006-015, § 1, 5-16-06; Ord. No. 2012-016, §§ 4, 7D, 7-10-12) Page 6 241 Mills, -Short e, Associates CIVIL I STRUCTURAL I SURVEYING I ENVIRONMENTAL CERTIFICATION OF AUTHCRIZATIOu 30698 January 22, 2016 Mr. Stan Boling Director of Community Development Indian River County Planning Department 1801 27'x' Street, Vero Beach Florida 32960 RE: Appeal of Planning and Zoning Commission Action on MPM Seven, LP Rezoning Application (RZON# 2002090043-75772) Dear Mr. Boling, Please accept this letter as our appeal of the Planning and Zoning Commission's decision to deny our client's above -referenced application for rezoning of the subject 15.18 acres. Although our application was consistent with the County's Comprehensive Plan and strongly supported and recommended for approval by the County Staff, it was apparent at the Planning and Zoning Commission meeting of January 14, 2016, that the owner of the neighboring mobile home park had concerns about the intended uses on the northern 2.79 acre parcel directly adjacent to his property, which parcel is currently zoned RMH-6. His recommended zoning for the parcel was CL (Limited Commercial) rather than the CH (Heavy Commercial) zoning initially requested by our client. After consideration of the Planning and Zoning Commission's comments and concerns of the mobile home park owner, we would like to amend our rezoning application request as follows: Amendment: Parcel ID: 313 93300000700000027.0 2.79± acres currently zoned non -conforming RMH-6 to be rezoned to CL (Limited Commercial) The remaining 12.39± acres of the original rezoning request to be rezoned from CL to CH. Thank you for your consideration in this matter. We look forward to the County Commissions' review and consideration. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, MILLS, SHORT & ASSOCIATES, LLC. J. Wesley Mills, P.E. Principal CC: Mr. Alan Polackwich, Planning and Zoning Commission Chairman Mr. Bob Solari, Board of County Commissioners Chairman Attachment 5 800 Eighth Street I Vero Beach FL 329621 772.226.7282 242 Public Hearing Chairman Polackwich read the following into the record: A. MPM Seven, LP Request to Rezone +/- 15.18 acres from CL (Limited Commercial) and RMH-6 (Mobile Home Residential District) to CH (Heavy Commercial). [Quasi -Judicial] Chairman Polackwich asked the Commissioners to reveal any ex -parte communication, with the applicant or any conflict that would not allow them to make an -unbiased decision. He disclosed that he did drive around the area in question and looked up the county zoning map on the internet. The other members stated that they had not had any ex -parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. 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 with the conditions listed in the staff report. Chairman Polackwich reviewed the portion of the agenda package regarding the purposes of various zoning districts and expressed his struggle with approving heavy commercial zoning near what appears to be predominately residential areas, especially when CH is intended primarily to serve businesses rather than residents. Mr. Boling responded that the pattern in the seven -mile stretch between Vero Beach and Sebastian along US Highway One and Old Dixie Highway is a strip pattern with a mix of CL, CG, CH and residential districts. He added that the subject property has CH to the south and east and Old Dixie/FEC/IL to the west. Wesley Mills of Mills, Short & Associates, representative for the Applicant, assured the board that any future development projects would be compliant with landscape buffering requirements. John Woods, resident of Hobart Landing subdivision which is across the street from the Subject Property, voiced concerns regarding environmental impact, specifically drainage issues. Staff took Mr. Woods' contact information and will notify him if and when a site plan application is filed for the Subject Property. Attachment 6 PZC/Approved 4 January 14, 2016 F.\BCC\AII Committees\P&Z\2016—AGENDAS & MINUTES\PZC 021416.doc W,191 Bill Brehm, owner of Palm Paradise Mobile Home Park, which is directly adjacent to the Subject Property, pleaded with the Board to deny the rezoning request. He stated that his property is inhabited by senior citizens and has recently undergone many improvements. He maintained that if the rezoning proposal passes, the potential noise, light and gas pollution would be damaging to the health and welfare of his residents. He suggested that at the least, the RMH-6 zoned property that is part of the request be rezoned to CL rather than CH. Glenn Burr, President of Hobart Landing Homeowners Association, voiced his concerns regarding the rezoning and stated that the community is hopeful that the board will deny the rezoning request. Mr. Brad Emmons asked Mr. Boling if the mobile home park were conforming and designated residential, would staff recommend CH zoning next to it. Mr. Boling responded that staff would not recommend CH in that scenario. Chairman Polackwich closed the public hearing and opened discussion, primarily regarding the areas surrounding the Subject Property and their predominant uses. ON MOTION BY Ms. Caldarone, SECONDED BY Mr. Rednour, the members voted (6-1) to deny staff recommendations on this Quasi -Judicial matter. Mr. Stewart was the dissenting vote. Commissioner's Matters There were none. Planning Matters Mr. Boling advised that there would be no need for a January 28 meeting and that he expected the next meeting to be on February 11. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 8:15 p.m. PZC/Approved 5 January 14, 2016 F•\BCC\All Committees\P&Z\2016—AGENDAS & MINUTES\PZC 021416.doc 244 ORDINANCE NO. 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±12.39 ACRES LOCATED EAST OF OLD DIXIE HIGHWAY, NORTH OF 77TH STREET AND WEST OF US HIGHWAY 1, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND ±2.79 ACRES LOCATED APPROXIMATELY 1,450 FEET NORTH OF 77TH STREET, EAST OF OLD DIXIE HIGHWAY AND WEST OF US HIGHWAY 1, FROM RMH-6, RESIDENTIAL MOBILE HOME DISTRICT (UP TO 6 UNITS/ACRE), TO CL, LIMITED 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: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTIONS 33 AND 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF THE TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE, BEARING NORTH 00° 00'00" EAST, A DISTANCE OF 35.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89° 06'33" WEST, A Attachment 7 245 Page 1 of 4 ORDINANCE NO. 2016 - DISTANCE OF 6.26 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, RADIUS BEARS AT SAID POINT NORTH 58° 07'30" EAST; THENCE NORTHERLY A DISTANCE OF 2.20 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50 02'47", TO A POINT; THENCE BEARING NORTH 260 49'42" WEST, A DISTANCE OF 262.45 FEET TO A POINT; THENCE BEARING NORTH 630 10'18" EAST, A DISTANCE OF 73.73 FEET TO A POINT; THENCE BEARING NORTH 000 00'00" EAST, A DISTANCE OF 432.28 FEET TO A POINT; THENCE BEARING NORTH 260 44'04" WEST, A DISTANCE OF 415.66 FEET TO A POINT; THENCE BEARING NORTH 890 02'05" EAST, A DISTANCE OF 399.59 FEET TO A POINT; THENCE BEARING SOUTH 250 14'52" EAST, A DISTANCE OF 410.88 FEET TO A POINT; THENCE BEARING SOUTH 880 54'03" WEST, A DISTANCE OF 327.86 FEET TO A POINT; THENCE BEARING SOUTH 00° 00'00" WEST, A DISTANCE OF 701.61 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12.39 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE CHAIN OF TITLE. is changed from CL, Limited Commercial District, to CH, Heavy Commercial District. All with the meaning and intent as set forth and described in said Land Development Regulations. EW2 9 That the zoning of the following described property situated in Indian River County, Florida to wit: THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THE EASTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN NORTH 175 FEET, THENCE WEST 1320 FEET, THENCE SOUTH 175 FEET, THENCE EAST 1320 FEET TO THE POINT OF BEGINNING, LESS FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND LESS U.S. HIGHWAY NO. 1 RIGHT OF WAY AND LESS AND EXCEPT RIGHT OF WAY FOR OLD DIXIE HIGHWAY. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINING 2.79 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE CHAIN OF TITLE. is changed from RMH-6, Residential Mobile Home District up to 6 units/acre to CL, Limited Page 2 of 4 246 ORDINANCE NO. 2016 - 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 1 St day of March, 2016. This ordinance was advertised in the Press -Journal on the 151i day of February 2016, for a public hearing to be held on the 1' day of March, 2016 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 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: APPRO ED TO rD LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney 247 Pase 3 of 4 ORDINANCE NO. 2016 - APPROVED AS TO PLANNING MATTERS Stan Boling, AICP• Community Development Director FACommunity Development\Rezonings\MPM Seven. LNOrdinance\Ordinance - MPM Seven Rezoning.doc Paee 4 of 4 248 ,D.A. I. d -'4'? -A-1 Board of County Commissioners March 1, 2016 MPM Seven, LP. Rezoning Request CL to C.H. & RM H-6 to CL Appeal of PZC Denial ,D.A. I. d -'4'? -A-1 Purpose • Secure the zoning necessary to use the site with uses that are allowed under the CH & CL zoning districts • Uses under any commercial zoning district subject to Wabasso Corridor Regulations Planning & Zoning Commission • January 14, 2016, voted 6-1 to deny request to rezone entire ±15.18 acres from RMI -16 and CL to CH • January 22, 2016, Applicant appealed PZC decision & Modified Rezoning Request — Rezone +12.39 Acres from CL to CH — Rezone +2.79 Acres from RMH-6 to CL ay $-q_2 CH Zoning • CH zoning district allows uses such as storage, warehousing, vehicle sales/service, and contractor trades • Generally, lower traffic generating uses in CH (versus CL) CL Zoning • CL zoning district allows uses such as banks, beauty shops, general and professional offices, and grocery stores • To accommodate the convenience retail and service needs of area residents ayB-A- 3 Wabasso Corridor Regulations • Focus: keep uses & activities indoors/inside buildings, aesthetics regulations for buildings, landscaping, signage • Prohibits the following uses: — Outdoor display of automobiles/motorized vehicles for sale or rental — Outdoor display of mobile homes for sale or rental — Drive-in theaters — Recycling centers — Transmission towers — Flea markets — Transient merchant uses — Outdoor temporary sales events that require temporary use permits Future Land Use Map MPM Seven LP Pro ex•ir P rt Approximately 15 18 Acres C/I Land Use Designation _ Irl�_� „,ti -"'..:.=£_ate 1:, ' CI t,2 v _ .c . .ix d�18-q- 4 Proposed Zoning Map PUD IL C L 'IfPNI S— LP, +/-12.39 Acres CH from CL . . . . ..... . ......... . . RS -3 RS .3 -'ALIS-A-5 LP, -/-2.79 Acres CL from RIXIH-6 PD PUD IL C L 'IfPNI S— LP, +/-12.39 Acres CH from CL . . . . ..... . ......... . . RS -3 RS .3 -'ALIS-A-5 Zoning Along US Highway I — Wabasso Corridor +.'a< �� .,7��. cc j.:l1Y�\}� !�$. - ^�ictai,C, ,o�.�.-x.�rnti t' R rr R- I Z, Zoning Along US Highway 1 — South of Wabasso Corridor til RRE A-1 E A A -_I Rsb RSA ML Malt", _LE RS .3- N IN F1 Mpt -- N LOME a4% -A-6 Zoning Along US Highway 1 — Vero Beach North I-y Rs Criteria Analyzed - Concurrency - Consistency with the Comprehensive Plan - Environmental impact - Compatibility with surrounding uses V4% -A-7 ►r - Concurrency Check for sufficient capacity for certain facilities • Transportation • Water • Wastewater • Solid Waste • Stormwater Management Concurrency • No concurrency required for requested zoning since the proposed CL & CH are overall less intense (traffic) than the existing CL and RMH-6 • A detailed concurrency review will be done at the time of project development plan review --�N %-A-8 Consistency with the Comprehensive Plan Future Land Use Policies 1.17, 1.18 Site's Land Use Designation: C/I • Site's RMH-6 zoned portion currently inconsistent with land use designation Request is consistent with the Comprehensive Plan Environmental Impacts • Impact is the same for current and proposed zoning • Native trees subject to county tree protection requirements No Adverse Impacts From Rezoning Q %Ob -A- 9 • South/Southeast: CH, no incompatibilities • North- MH Park, RMH-6 (non-conforming use, site design/buffering to minimize impacts) , no incompatibilities long term, mitigated short term • East: CL, Separated by US Hwy 1, no incompatibilities • West: IL, RM-6, & PD, Separated by Old Dixie Hwy & FEC Railroad, no incompatibilities rApproximately M Seven, LP Property 15.18 Acres 4 _alm Paradise m -^ e Family Home0___'S;eR_111 b—I� diAL`. .a s ..��'y..? r-c.a�ra`'`�e t -.. ;1- eFL� `--i:. _ i.'.' t$'�.• Fadlits � �<; ; ,_•:?% y * ,. uZ : 4p trM". > Y''mi` �:_.+r 5 �>;�.•9,; .. �;.. ., ,.ate t' iChurc -F::r^��; 3i:L � w�'P •�n=x S'�Na�' :�..• F F�-�'x . Compatibility • Non -conforming MHP to north not consistent with land use plan and will eventually be developed commercial • MHP may continue as a non -conforming use until vacated for more than a year or vacated/rezoned commercial • Proposed CL matches CL on the other side of the MHP • Extra buffer requirement applies to rezoning site if MHP still in place at time rezoning site is developed -242 -A-10 Buffering Between Subject Site and MHP • In addition: 6' tall opaque feature required (eg landscaped wall or berm) iWE B BUFFER Required Per 100 Linea6Feet' OikOPY iR2: Canopy Trees j 1 S1= 12' N NariJ i' UBN C% �j i U'10ERStOR+ FREES ' Large Small (2" in SICaJ85 1 1 30 f00i XZP - .. I fFE'S - (4" indiameter diameter at 0.5 2 VRG Type Width at feet above Understory Shrubs SHRUBS - 55 { 0.5 feet above grade & 12 ft. Trees y I CVIOPY TREES - 2.5 LARCE h� grade & 18 ft. height) 1 - T0Tty O S U::OERSTORY - B height) SHRUBS - 55 � ( Type B, 1 30' 1 2 1 2 1 6 1 55 25' 1 2.5 1 2.5 1 8 1 55 • In addition: 6' tall opaque feature required (eg landscaped wall or berm) iWE B BUFFER OikOPY iR2: URGE - i8' IX HEKn+T j 1 S1= 12' N NariJ i' UBN C% �j i U'10ERStOR+ FREES ' �j SICaJ85 1 1 30 f00i XZP - .. I fFE'S - 2 VRG S, TOT& = 4 — UXOERSTORY - E SHRUBS - 55 { I _ 25 FOOT OEEP y I CVIOPY TREES - 2.5 LARCE h� SWU 1 - T0Tty O S U::OERSTORY - B I 1 3 t SHRUBS - 55 � ( aN8-A-11 Conclusion Requested CH and CL: • Compatible with surrounding uses • Consistent with the comprehensive plan • Area deemed suitable for commercial uses • Meets Criteria to be Rezoned • No additional environmental impacts • Staff supports the request Recommendation Staff recommends that the BCC approve the rezoning request from RMH-6 to CL and CL to CH by adopting the ordinance attached to the agenda item a'+8 -A-12 MATERIAL SUPPORTING THE DENIAL OF MPM SEVEN, LP REZONING REQUEST March 1, 2016 aq$-9-i Policy 1.40: The county shall permit Planned Development zoned projects located on residentially designated land between 41" Street and 45`h Street, and between US 1 and Indian River Boulevard to consist of a mix of office and residential uses. No more than 20% of the project area shall be devoted to office uses. Policy 1.41. The county shall encourage the school board to locate schools near urban residential areas. The county will do this by allowing schools within all residential zoning districts; by coordinating with the school board to establish a process for preliminary county review of school sites before the school board acquires or leases property for a new school, and by limiting school sites within agriculturally designated areas to mixed use projects, traditional neighborhood design projects, and sites that are contiguous to the urban service area boundary Policy 1.42. To the extent feasible, the county shall collocate public facilities, such as parks, libraries, and community centers, with schools. Policy 1.43. The Board of County Conunissioners shall rezone land only in a manner that is consistent with Future Land Use Element Table 2.14. Furthermore, the Board recognizes that not every zoning district allowed in a land use designation is appropriate for every site within that land use designation. For any parcel, the Board of County Commissioners may deny a rezoning request (even when the requested zoning district is consistent with the parcel's land use designation) if the denial serves a legitimate public purpose. A Board of County Commissioners' determination that the requested zoning district is not appropriate for the parcel may also be based upon the absence of the following locational criteria. I For the OCR, Office, Commercial, Residential zoning district: • adjacent to existing office uses • as a buffer between residential zoning districts and arterial roads or other commercial zoning districts. • at node perimeters 2. For the MED, Medical zoning district: • within commercial/industrial nodes containing hospitals and major medical facilities • separated from industrial areas 3 For the CL, Limited Commercial zoning district: • areas that are easily accessed from residential areas • between residential areas and general commercial areas or major roadways 4 AZ2Je,,q7 — • separated from industrial areas • at node perimeters 4 For the CG, General Commercial zoning district: • along arterial roads and major intersections • separated from residential development • separated from industrial areas • near retail and office areas Future Land Use Element 149 a48 -8-a 5 For the CH, Heavy Commercial zoning district: • along arterial roads • along railroad tracks l4,11dZA7' • between general commercial and industrial areas�/lT • separated from residential development Iq 1. y�rlT 6. For the IL, Light Industrial zoning district: • along arterial roads • along railroad tracks • near industrial areas • separated from residential development • separated from retail and office areas 7 For the IG, General Industrial zoning district: • along arterial roads and major intersections • along railroad tracks • near industrial areas • separated from residential development by a major roadway or intervening property • separated from retail and office areas 8. For single-family zoning districts: • adjacent to other single-family areas • separated from major commercial areas and industrial areas 9 For multiple -family zoning districts: • adjacent to other multiple -family areas • adjacent to employment centers • along arterial and collector roads, particularly to buffer single-family areas • adjacent to commercial uses, particularly to buffer single-family areas • not abutting single-family areas on all sides Additionally, the Board hereby adopts the following general criteria regarding the location of residential zoning districts: 10 Where medium density residential lands abut low density residential land, the medium density land may be zoned an intermediate density I I Residentially designated land that is located between higher density and lower density zoned areas may be zoned an intermediate. density even when the intermediate zoned area has a land use designation that allows a higher density Policy 1.44 The county will evaluate requests to rezone CH and/or II. -zoned areas to CL or CG to ensure that sufficient CH and IL zoned land will remain if the rezoning is approved. In so doing, the county will favorably consider those types of rezonings where the subject property is located along high-volume roadways or adjacent to residential areas. The county shall maintain existing CH or IL zoning areas that are not located along high-volume roadways or not located near residential areas. Future Land Use Element 150 SAMPLING OF USES ALLOWED IN THE CH -HEAVY COMMERCIAL ZONING DISTRICT Contractors/Construction Yards Crematoriums Dry Cleaning Plants Body and Paint Shops Reupholsters and Furniture Welding Auction Facilities, Unenclosed Marine Repair and Service Fuel Dealers Fruit and Vegetable Packing Houses Fruit and Vegetable Juice Extraction Industrial Uses Printing and Publishing Machine Shops Rubber and Plastic Footwear Hose, Belts, Gaskets Packing Assembly Production (not including manufacturing) Truck and Courier Services Commercial Warehousing and Storage Moving and Storage Trucking Terminals Vehicle Storage Lot (paved/unpaved) Pipelines Public and Private Utilities, Heavy {00036440.DOCX.1 } QL41-8-3 m a Policy 9.13 By 2011, the county shall control the visual clutter created by temporary signs by adopting development regulations that establish limits on where temporary signs are to be allowed, on the number of temporary signs allowed, and on the duration that temporary signs may be posted. Policy 9.14 To combat monotony in single-family residential developments, the county shall adopt development regulations requiring that applicants submit design guidelines for all new residential planned developments. Such guidelines shall be project -specific and require approval by the Planning and Zoning Commission prior to release of development plans for construction. PD design guidelines shall address all of the following criteria: • garage placement and scale; • variations in building placement; • frequency of use for a model within the same subdivision, • building materials (fagade and roof); • building massing and architectural details that relate to articulation; • the project's appearance from adjacent public streets; • internal streetscape; • enforcement mechanisms; and • any additional requirements deemed necessary by the Planning and Zoning Commission to limit residential monotony within the project. Policy 9.15• The county shall not require buffers between similar residential uses. OBJECTIVE 10: NONCONFORMING USES With the exception of legally established non -conformities, all new development in Indian River County will be consistent with the future land use map. Policy 10.1 Indian River County land development regulations shall allow legally established non -conforming uses to continue until ceased. When a non -conforming use has ceased, it can be replaced only with a conforming use. All new development, even development associated with non -conforming structures, must meet current regulations. Policy 10.2: To allow for the reasonable use of such properties, Indian River County shall permit the development of nonconforming lots of record legally established under regulations in effect at the. time that the lot was created. Provisions of this policy shall not apply to plats of reclamation, except when non -conforming parcels have been transferred by deed prior to February 13, 1990. Policy 10.3. The county shall provide courtesy notification to adjacent property owners regarding staff determinations involving existing nonconforming non-residential uses. Policy 10.4. Multi -family residential sections of The Moorings that were zoned RNI-10 prior to February 13, 1990 shall be allowed to maintain their P -NI -10 zoning and shall be considered Future Land Use Element 167 auB-9-5 Introduction .................................................................................................................................................... Michele C. Mellgren.. AICP ■ Master's Degree - Urban and Regional Planning, The George Washington University ■ 30 years of experience in planning, zoning, and land use ■ Expert in planning and zoning matters - qualified in Circuit Court AThe Melln N °�annirq G SummaryFindings...................................................................................... ................ PROPOSED APPLICATION CANNOT BE APPROVED ■ Inconsistent with Comprehensive Plan ■ Contrary to generally accepted planning principles and practices ■ Contrary to adopted land development code C..omprehensive Plan .................................................................................................................... Policy 1.44 addresses location of CH zoning: Not desirable near residential s ri Allowed CH Uses .................................................................................................................................................... Includes business and retail, but also very intense uses: -Paint and body shops -Dry cleaning plants -Carpet and upholstery cleaning -Fuel dealers -Auction houses -Crematoriums U� Allowed CH Uses .................................................................................................................................................... -Noxious odors -Fumes -Particulates -Noise Includes toxic gases and mercury THESE ARE AIRBORNE CF_ The �3Dlfproe ............e°e°°...........e.e.e........s..e......................................... . Residential and Vacant Land Use : N TW Cn,..J ` t. fir, % �, CIC • \ R t i 1 r, F : j . : Residential o sao i000 Undeveloped/Vacant : Golf Course : ....................................................................................I. Y��\ Ranrnny I JU r- Land Development Regulations ............................................................................................ Sec. 911.10(2) (e) Purpose of CL District: Convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. _ — /�.The�lelf�nD11 �1 rel»nnirty ('�r�ttp Land Development Regulations ............................................................................................ Sec. 911.10(2) (g) Purpose of CH District: Wholesale trade, major repair services and restricted light manufacturing. Support services for commercial and industrial uses. Not supposed to be near residential uses. &I McYlpwn Mannvn;I iRrmup Land Development Regulations ............................................................................................ Sec. 911.118(l)(a)thru(e) Wabasso Corridor -Maintain small town feeling -Mix of uses including businesses and variety of residential option. CH not meant to be near residential uses The 1�►1lgren - .r i ip I�ev11j1 Land Devepmenegutions.................................................................... Sec. 902.12 contains criteria you must consider when evaluating a rezoning request. Must consider all the criteria. Land Development Regulations ............................................................................. Whether or not the proposed amendment is consistent with all elements of the Comprehensive Plan. Request is contrary to key policy. L 00 Land Development Regulations ............................................................................. Whether or not there have been changed conditions which would warrant an amendment. No substantial, competent evidence presented. Land Development Regutionsla..................................................................... Whether or not proposed amendment would result in significant adverse impact to the environment. Intense CH uses will result in significant impacts., CO Land Development Re.�.ulations ............................................................................................ Whether or not proposed amendment would result orderly and logical development pattern. Rezoning will result in illogical development pattern. Y� i�'lanniny � M m M MM M M MM M MM L...and Development Regulations ...............................m .......... m ............ m ........................ m ............ Whether or not proposed amendment would be in conflict with public interest and is in harmony with intent and purpose of code. Noxious CH uses are contrary to public interest. r ThBdi701b�1+8D =irrur�tq Land Development Regulations ............................................................................................ Policy 1.43 of Comprehensive Plan states Commission may deny rezoning request, even if it is consistent with the land use designation, if denial serves a legitimate public purpose. Denial will protect health, safety, welfare of residents. .T C4 rtannm� � f5ronp conclusion .................................................................................................................................................... Review and analysis of adopted Comprehensive Plan and land development code, and consideration of accepted planning principles and practices., result in a finding that the proposed rezoning to CH is contrary to both adopted documents, as well as planning principles and practices. PROPOSED REZONING MUST BE DENIED. to MICHELE C. MELLGREN, AICP PROFESSIONAL QUALIFICATIONS EDUCATION Master's Degree: Urban and Regional Planning The George Washington University, Washington, D.C. Concentration: Urban Design Bachelor of Arts Degree: Fine Arts The George Washington University, Washington, D.C. Concentration: Design Charrette Facilitation and Management: Full Certification National Charrette Institute, Portland, OR PROFESSIONAL MEMBERSHIPS OR DESIGNATIONS American Institute of Certified Planners (AICP) Membership Number 012361- Effective 1996 This is the highest level of earned professional planning certification American Planning Association (APA) - National Chapter Membership 057672 - Effective 1986 Florida American Planning Association (FAPA) Membership effective 1989 Broward County Section of American Planning Association (BAPA) Membership effective 1989 AFFILIATIONS Broward County Section of American Planning Association Board Member (2000-2001) Broward County Marine Advisory Committee County Commission Appointee (1995) Northern Virginia Transportation Committee (1987-1989) AWARDS OR RECOGNITIONS Florida Department of Community Affairs (2004) Invited member of the Department of Community Affairs' Evaluation and Appraisal Report Technical Advisory Committee City of Fort Lauderdale, FL (2001) Requested to provide professional leadership to planning department on interim basis Habitat for Humanity Harmony Village -Certificate of Appreciation (1996) Community volunteer efforts 1 I updated 2/29/20116 at 9:12 AM A 4a - G - I I Broward County Board of County Commissioners -Certification of Appreciation (1996) Community volunteer efforts City of Fort Lauderdale -Certificate of Appreciation (1995) Community volunteer efforts for participation in American Assembly for the New Century South Florida Marine Industries Association Boatee Award (1994) Excellence in supporting and promoting the industry in the City of Fort Lauderdale International Federation of Housing and Redevelopment Officials, Budapest, Hungary (1985) International award recipient representing United States in competition against 23 other nations for excellence in plan design for the redevelopment of post -World War 11 housing International Association of Housing and Redevelopment Officials, Washington, D.C. (1985) National recipient for excellence overall plan and site design for redevelopment of post -World War 11 housing TEACHING OR LECTURING Guest Panelist -Palm Beach County Planning Congress, Inc., Palm Beach, FL Ethics and Planning (2011) Guest Panelist -Florida Planning & Zoning Association Annual Conference, Naples, FL Utilizing and Managing Planning Consultants (2011) Guest Lecturer -Barry University Planning Class. Davie, FL Introduction to Zoning Regulations and Site Plan Review (2009) Guest Lecturer -Florida Atlantic University Urban Planning Department, Davie, FL Overview of Urban Planning in Local Government (1996) Guest Panelist -International Marina Institute International Conference, Atlanta, GA Land Use and Environmental Compatibility of Marinas with Live Aboard Vessels (1993) Guest Lecturer- International City Manager's Assoc., South Padre Island, TX Redevelopment Efforts and Controlling the Effects of Spring Break (1990) CONSENSUS BUILDING City of Deerfield Beach, FL (2015) Cove Overlay District regulation amendment workshop with businesses City of Sugar Hill, GA (2015) Housing Analyses and visual preference workshop with citizens City of North Miami, FL (2015) Density and intensity increases throughout the city—workshops with citizens City of Dania Beach, FL (2009) Community -wide workshops for Westside redevelopment plan City of Wilton Manors, FL (2003) Proposed zoning regulations workshop with citizens aWi -c-a.D CO-AUTHORED REDEVELOPMENT PLANS AND COMPREHENSIVE PLANS "Comprehensive Plan", City of Parkland, FL (2015, in progress) "Comprehensive Plan", City of North Miami, FL (2015 in progress) "Westside Master Plan", City of Dania Beach, FL (2009) "Community Redevelopment Plan", City of Dania Beach, FL (2008) "Comprehensive Plan", City of North Miami, FL (2008) "Comprehensive Plan" City of Tamarac, FL (2008) "Comprehensive Plan", City of North Miami Beach, FL (2007) "Comprehensive Plan", Miami Shores Village, FL (2007) "Federal Highway Corridor Plan", Pompano Beach, FL (2006) "Evaluation and Appraisal Report" of the Comprehensive Plan. Sunrise, FL (2006) "Evaluation and Appraisal Report" of the Comprehensive Plan. Parkland, FL (2006) "Evaluation and Appraisal Report" of the Comprehensive Plan. Tamarac, FL (2006) "Evaluation and Appraisal Report" of the Comprehensive Plan. Wilton Manors, FL (2006) "Evaluation and Appraisal Report" of the Comprehensive Plan. Miami Shores Village, FL (2005) "Evaluation and Appraisal Report" of the Comprehensive Plan. North Miami Beach, FL (2005) "Southwest Ranches Comprehensive Plan "Review and commentary on proposed provisions. Town of Southwest Ranches, FL (2002) "Federal Highway Corridor Community Redevelopment Plan," Boynton Beach, FL (2001) "Evaluation and Appraisal Report" of the Comprehensive Plan. Land Use, Conservation, Recreation and Open Space, Intergovernmental Coordination Elements. Davie, FL (1994) OTHER AUTHORED DOCUMENTS AND MONOGRAPHS Economic Impact of Runway Expansion on Residential Values and Ad Valorem Revenues as part of the Westside Master Plan (2009). "Lauderdale Lakes Affordable Housing Analysis," (2008). "Analysis of the M-1 Zoning District for the City of Boynton Beach," (2006). "An Analysis of the Affordable Housing Issue in Southwest Ranches, Florida," (2005). "Analysis of Affordable Housing in Three Broward County, Florida Communities," (2005). "Analysis of the Impact of General Commercial Uses and of Fuel Sales Facility Uses on the Assessed Value of Single Family Residential Uses," (2003). 3 a uB'c'a 1 "Analysis of the Economic Impact of Exempting Regional Activity Centers from Traffic Concurrency," (2001). "Analysis of the Economic Impact on Fort Lauderdale of Vessels in Excess of Eighty Feet in Height, " (1994). "The Economic Impact of Environmental Protection Regulations on the Budget of Municipal Government," (1993). "Branch Office Expansion Plan," (1987). Short and long range development plan utilized multiple regression analysis with place of employment and place of residence as variables to determine future office locations. PROFESSIONAL EXPERIENCE Michele Mellgren, AICP, has more than twenty-five years of public and private sector experience in urban planning, zoning and land use, including providing expert witness testimony, where she has qualified in circuit court as a planning expert. She is the principal of The Mellgren Planning Group, which was established in 1998 to provide professional planning, zoning, land use and expert witness consulting services to the public and private sectors. Ms. Mellgren has current extensive experience in all phases of planning, zoning and land use matters, providing services to a number of local governments and private clients. Her current experience routinely includes undertaking land use plan amendments; rezonings; variances; redevelopment plan preparation; development research; economic impact analyses; zoning code and land development code preparation, interpretation and application; and, providing expert witness testimony. She has provided expert witness testimony in more than 500 public hearings and has also qualified as an expert witness in Circuit Court. She also serves as the planning and zoning official for the City of Parkland, Florida, and serves as the planning official for the Town of Southwest Ranches. Until the establishment of the firm, Ms. Mellgren worked from 1994 to 1998 for the Town of Davie, where she was ' the Director of Development Services. In that capacity, she was responsible for preparing and administering the comprehensive plan, the zoning code and land development regulations. She also reviewed and made recommendations for all related applications, many of them in a quasi-judicial setting as an expert witness for the ' Town. These applications included site development plans, land use plan amendments, rezonings, variances, special permits, plats and delegation requests. Ms. Mellgren also directed the operations of code compliance, building permits, occupational licensing and community redevelopment, overseeing an annual budget of approximately $3.5 million. Prior to joining the Town of Davie, Ms. Mellgren worked from 1989 to 1994 for the City of Fort Lauderdale as Development Programs Manager. In this capacity, she undertook a variety of unique and complex planning projects and programs. Ms. Mellgren was responsible for implementing segments of the beach redevelopment plan; advocating for the marine industry and marine development community; streamlining the housing redevelopment program; and, preparing economic analyses. Before she joined the public sector in Florida, Ms. Mellgren served in the private sector in the Washington, D.C. area from 1985 until 1989. During this time, she worked for Dewberry & Davis, a large planning and engineering consulting firm, to provide comprehensive consulting services to the development community. Subsequently, she worked for Winchester Land, a land development and home building subsidiary of the Weyerhaeuser Company. While working for Dewberry & Davis, she assisted in processing numerous rezonings and land use application projects. She also prepared a comprehensive short and long-range expansion plan for the area's leading financial institution. As Development Manager for Winchester Land, Ms. Mellgren was responsible for identifying and resolving issues to allow for land development projects. I INDIAN RIVER COUNTY FLORIDA PLANNING AND ZONING COMMISSION IN RE: ITEM #6, PUBLIC HEARING, MPM SEVEN, LP REQUREST TO REZONE +/- 15.18 ACRES FROM CL (LIMITED COMMERCIAL) AND RMH-6 (MOBILE HOME RESIDENTIAL DISTRICT) TO CH (HEAVY COMMERCIAL) [QUASI-JUDICIAL] THURSDAY, JANUARY 14, 2016 AT 7:00 P.M. COUNTY COMMISSION CHAMBERS COUNTY ADMINISTRATION BUILDING 1801 27TH STREET VERO BEACH, FLORIDA 32960 UNIVERSAL COURT REPORTING od.A.l. 877.291.3376 d4p_D_i www.UCRinc.com Request to Rezone 01-14-2016 UNIVERSAL COURT REPORTING 877.291.3376-1 8 D www.UCRinc.com 2 4 1 APPEARANCES 1 Okay, let's go ahead then. We'll open the 2 ON BEHALF OF THE PLANNING AND ZONING COMMISSION: 3 ALAN S. POLACKWICH, SR., DISTRICT 2, CHAIRMAN 2 public hearing, judicial — quasi-judicial matter CHARLES E. REDNOUR, DISTRICT 1 3 on this. 4 MARIA CALDARONE, DISTRICT 3 JONATHAN DAY. DISTRICT 4 4 I'd ask anybody who plans to be heard on this 5 BRAD EMMONS, DISTRICT 5 5 matter to please stand and be sworn. TODD BROGNANO, MEMBER AT -LARGE 6 JORDAN BENSON, MEMBER AT -LARGE 6 COMMISSION CLERK. Please raise your right SHAWN FROST, NON-VOTING LIAISON, SCHOOL BOARD 7 hand. 7 ON BEHALF OF THE COUNTY 8 Do you solemnly swear to tell the truth, the 6 STAN BOEING, AICP 9 whole truth, and nothingbut the truth? 9 BILL SCHUTT. AICP 10 (Thereupon, all parties who intend to testify 10 SASAN ROHANI, AICP 11 collectively responded, "I do.") ON BEHALF OF THE APPLICANT 12 COMMISSION CLERK. Thank you. 11 WESLEY MILLS, MILLS SHORT &ASSOCIATES 13 CHAIRMAN POLACKWICH. Thank you, Madam Clerk. 12 14 And we will start with the County SPEAKERS FROM THE COMMUNITY 13 15 You going to turn this over to Mr Sweeney JOHN WOODS 16 again? 14 BILL GRAHAM GLENN BURR 17 MR. BOLING: I'm going to tum this over to 15 16 18 Mr Schutt. Thank you. 17 19 CHAIRMAN POLACKWICH. Oh, Mr Schutt. Okay, 18 19 20 very good. 20 21 21 MR. SCHUTT Good evening, Commissioners. g' 22 22 And for the record, my name is Bill Schutt. 23 24 23 I'm the Senior Economic Development Planner for 25 24 Indian River County. 25 And with respect to this site, it is request 3 5 1 INDIAN RIVER COUNTY, FLORIDA 1 to rezone approximately 15.18 acres from CL Limited 2 PLANNING AND ZONING COMMISSION 2 Commercial and RM -6 Residential Mobile Home, up to 3 HEARING - JANUARY 14, 2016 3 six units per acre, to CH Heavy Commercial. 4 Thereupon: 4 And on the screen before you you have an 5 AGENDA ITEM #6 5 overall aerial shot showing the general location. 6 CHAIRMAN POLACKWICH: Okay, that brings us to 6 It's directly north of 77th Street. It is on the 7 Item Number 6 which is a public hearing It's also 7 west side of U.S. Highway 1, east of Old Dixie 8 a quasi-judicial matter It's MPM Seven, LP 8 Highway and the FEC Railroad, and just south of 9 request to rezone plus or minus 15.18 acres from CL 9 Palm Paradise Mobile Home Park. 10 Limited Commercial and RMH-6 Mobile Home 10 The purpose of the request is to secure the 11 Residential District to CH which is Heavy 11 zoning necessary to use the site with uses that are 12 Commercial. 12 allowed under the CH Zoning District. And in this 13 As I said, it's quasi-judicial, and I'll ask 13 — this — these parcels happen to be in the area 14 again, any member of the Commission to disclose any 14 called the Wobasso Corridor, so there are also our 15 site visits, ex parte communications, 15 Commercial Zoning District Regulations apply to 16 investigations, any other matter which may prevent 16 this site specific to the Wobasso Corridor 17 them from deciding this matter on the facts and on 17 With respect to the CH Zoning, Zoning District 18 the evidence. 18 allows uses such as storage, warehousing, 19 1 will disclose that I did take a site visit. 19 contractor trades, and light manufacturing; 20 1 went up and I drove around the site, drove around 20 generally uses that are lower traffic -generating 21 the area. I also looked -up the County Zoning Map 21 uses in the CH District versus the CLLL District. 22 on the internet and took a little bit broader 22 With respect to the Wobasso Corridor 23 picture of the zoning in that surrounding area; a 23 Regulations, the focus is on keeping uses and 24 little bit broader than is in the map in our 24 activities generally indoors, inside buildings. 25 materials. 25 There's a focus on aesthetic regulations for UNIVERSAL COURT REPORTING 877.291.3376-1 8 D www.UCRinc.com Request to Rezone 01-14-2016 UNIVERSAL 877.291.3376ay8.D ,3 COURT REPORTING www.UCRinc.com 6 8 1 buildings, landscaping, and signage. And, you 1 that the CL and the CH. 2 know, along those lines of keeping uses indoors, 2 And all along U S. Highway 1 between Old Dixie 3 there's a specific list in those regulations of 3 Highway it's except — with the exception of the 4 uses that are not prohi-, permitted or prohibited 4 RM -6 area here, it's planned or zoned for CL, which 5 uses and that's the outdoor display of automobiles, 5 is limited commercial; CG, IL. You can see that it 6 motorized vehicles for sale or rental; outdoor 6 carries on southward, again, along with that 7 display of mobile homes for sale or rental; drive- 7 statement, lots of CL, IL, and again, all the way 8 in theaters, recycling centers are not allowed; 8 down to the Gifford area. 9 transmission towers; flea markets, transient 9 So it's kind of a unique spot where you have a 10 merchant uses; as well as outdoor temporary sales 10 little bit of residential zoning in-between Old 11 events that require temporary use permits. 11 Dixie Highway and US -1 12 With respect to the future land use, up on the 12 As with all rezoning requests, there's set 13 screen is a copy of the future land use map for 13 criteria that are analyzed as shown on the screen. 14 this portion of the property and surrounding uses. 14 And looking at the concurrency, you check — we 15 And as you can see, between U.S. Highway 1 and Old 15 check for sufficient capacity for certain 16 Dixie Highway and FEC Railroad going north and 16 facilities; transportational water, waste water, 17 south, it's all commercial -industrial planned for 17 solid water, storm water management. 18 future land uses. So it has the Cl Land Use 18 With respect to the site, no concurrency is 19 designation. 19 required because you're changing from CL and RHM-6 20 With respect to existing and adjacent zoning, 20 to CH which is -- CH is less intense for traffic. 21 to the north is RMH-6, the Residential Mobile Home, 21 A detailed concurrency review will be done at 22 six units per acre. That's a nonconforming zoning 22 the time of project development, as with any 23 district for this Cl Land Use designated area. 23 development project. We check for re -zonings. We 24 To the south you have CH Zoning, similar to 24 always check the future land use policies, and the 25 what's requested by applicant. 25 particular ones of note are 1 17 and 1 18. 7 9 1 To the west you have, again, as indicated 1 As noted earlier, a site's land use 2 before, Old Dixie Highway, the FEC Railroad, as 2 designation is CI Commercial -Industrial, and also 3 well as a mix of zoning with IL, RM6, and PD 3 as noted, sites RHM-6 zoned portion currently is 4 And to the east you have U.S. Highway 1 and 4 inconsistent with the land use designation of Cl. 5 CL. 5 The request to go to CH is consistent with the 6 And also, just to note, the CL just directly 6 comprehensive plan. 7 to the east, it's owned by the Indian River Land 7 Environmental impacts, impacts is the same for 8 Trust and they have a general purpose of preserving 8 current and proposed zoning. Native trees are 9 land for conservation and sometimes passive 9 subject to county tree protection requirements and 10 recreation, as is the case just north of Hobart. 10 with the rezoning request there's no adverse 11 Or excuse me, I'm thinking about the Hobart Road 11 impacts. 12 there, but just north of the residential 12 Looking at the compatibilities in the south, 13 development off of 39th Street, there's some land 13 southeast, you have, again, CH zoning, so it's 14 owned by the Land Trust as well. 14 proposed continuation of the CH zoning; no impact 15 Proposed zoning map, so as you can see, the 15 incompatibilities. 16 main change is changing the area of red to CH to be 16 North, as we mentioned, is the mobile home 17 consistent carrying the CH from the south 17 park. RHM-6 is nonconforming zoning with respect 18 northward 18 to the Cl land use designation. With that site 19 And along the lines of the Chairman, we also 19 being in proximity of this request, their site 20 threw in some overall shots showing some blown -out 20 design and buffering would be implemented during 21 version showing the zoning up and down U.S. Highway 21 development of a site to minimize impacts. 22 1, in-between Old Dixie Highway, and you can see 22 So there's no incompatibilities for long - 23 the general area of Wobasso Bridge and so forth, 23 term, short-term, they're mitigated through site 24 but I guess the point here is you can see in brown 24 design criteria. 25 the RMH Mobile Home District, and just south of 25 To the east you have the CL, as mentioned UNIVERSAL 877.291.3376ay8.D ,3 COURT REPORTING www.UCRinc.com Request to Rezone 01-14-2016 UNIVERSAL 877.291.3376 au$ y COURT REPORTING www.UCRinc.com 10 12 1 earlier, separated by U.S Highway 1, no 1 But it says, 'The CH District, the Heavy 2 incompatibilities. 2 Commercial District is intended to provide support 3 And west you have IL, light industrial; RM -6 3 services necessary for the development of 4 which is residential multi -family, six units an 4 commercial and industrial uses allowed within other 5 acre, and PD And again, that's separated by Old 5 non-residential zoning districts." 6 Dixie Highway plus the FEC Railroad. No 6 And then you go down to the limited 7 incompatibilities are there. 7 commercial, the next one down, and it says, 'This 8 Now, again, specifically focusing on the 8 District is intended to accommodate the 9 mobile home park issue, the nonconforming mobile 9 convenience, retail, and service needs of area 10 home park to the north is not that consistent with 10 residents while minimizing the impact of such 11 the land use plan and will eventually be developed 11 activities on nearby residential areas." 12 with commercial. The mobile home park may continue 12 The way I'm reading that, and jump in, the way 13 as a nonconforming use until vacated for more than 13 I'm reading that is the Heavy Commercial District 14 a year or vacated and rezoned to commercial. 14 is designed to support other commercial- industrial 15 Extra buffer requirement applies to rezoning 15 uses in the surrounding area; whereas the limited 16 site if mobile home park still — is still in place 16 commercial is intended to support residential uses 17 at time the rezoning site is developed. 17 in the surrounding area. 18 And regarding the buffering, and I just made a 18 And I'm struggling right there because I'm 19 mental note with the first presentation with Ryan, 19 basically saying — that's why I looked at the 20 but he had noticed some Type B buffer along the 20 larger picture of the zoning map because while it's 21 roadway on the first development project, but also 21 true that the immediate adjoining property to the 22 with this one between the use as residential and 22 south is heavy commercial, there aren't many other 23 — and, excuse me, the mobile home park residential 23 heavy commercial properties in this area. You have 24 and the commercial, you would have a Type B buffer 24 to go up to 510 on the north and I don't know if 25 which would be between 30 and 25- feet wide. You 25 it's as far as 65th Ave — 65th Street on the 11 13 1 have trees, canopy trees, understory trees, shrubs. 1 south, but it's down there. 2 In addition, a six-foot tall opaque feature 2 Predominantly what's in this area is 3 required, such as landscape wall or berm. And just 3 residential. Everything across the street is all 4 to show a graphic from the LDRs up there, what that 4 residential. There's residential to some extent on 5 might look like visually looking down; a drawing. 5 the other side of the railroad tracks 6 In conclusion, the requested CH is compatible 6 All that zoning down the US -1 corridor is 7 with surrounding uses. It's consistent with the 7 limited commercial. And that would tell me that 8 comprehensive plan. The area is deemed suitable 8 this is intended to be a residential area with 9 for commercial uses. It meets the criteria to be 9 limited commercial supporting the residential uses; 10 rezoned, and no additional environmental impacts, 10 the convenience, retail, and service needs of the 11 and staff supports the request. 11 residents. 12 With that, staff recommends that the Planning 12 1 see this heavy commercial as something 13 Zoning Commission recommend that the Board of 13 inconsistent with the notion that it's 14 County Commissioners approve the rezoning request 14 predominantly a residential area and the US -1 15 from RHM-6 and CL to CH. 15 corridor is predominantly limited commercial to 16 CHAIRMAN POLACKWICH: Does any member of the 16 support the residential area. 17 Commission have any questions of county staff? 17 Now, help me out on this. 18 1 do have a few questions. 18 MR. BOLING Well, I can disagree, and -- 19 On page 5 of the agenda package is a section 19 CHAIRMAN POLACKWICH: That's fine. That's 20 entitled Zoning District Differences, and it 20 what I'm looking for 21 explains what are called the purpose statements of 21 MR. BOLING But I also agree. 22 the different zoning districts. And heavy 22 The purpose statements, I think, are generally 23 commercial, there was some examples given; 23 on -point, and you're exactly right. 24 wholesale trade, major repair services, 24 For example, what you'll see that's allowed in 25 manufacturing activities. 25 CL and not in CH are the kinds of convenience uses UNIVERSAL 877.291.3376 au$ y COURT REPORTING www.UCRinc.com Request to Rezone 01-14-2016 UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com 14 16 1 that would help residences; convenience stores, 1 appropriate everywhere up and down those stretches 2 fuel sales, retail. And that's really driven by 2 where you have CL. 3 rooftops, and you're exactly right. 3 CHAIRMAN POLACKWICH: It strikes me as sending 4 And heavy commercial does have business 4 a mixed signal when you have CH right next to CL, 5 services and contractor trades types of uses, 5 and predominantly CL to the north and south, at 6 things that do support other businesses 6 least for, I don't know, six, eight blocks, ten 7 But you also have warehousing and mini- 7 blocks. Because it's saying, you know, on the one 8 storage, your personal storage which also supports 8 hand, okay, this piece of property is going to 9 residents. So there is some overlap there. 9 support commercial uses and industrial uses. This 10 But I think you could say the same thing, and 10 piece of property is going to support residential 11 1 think you're right in terms of the — kind of the 11 uses. 12 band of commercial -industrial which includes CH, 12 You know, it kind of, to me, goes against the 13 CL, CG — all that seven -mile stretch between Vero 13 notion of zoning in the first place where we're 14 Beach and Sebastian that has every one of those 14 trying to keep residential areas residential or 15 types of districts, including some industrial as 15 keep, you know, commercial and industrial areas 16 well. 16 commercial and industrial. 17 In a lot of places it is a narrow band, and 17 MR. BOLING: But this is not a residential 18 you do have residential not — not that far away, 18 area. Residential is nearby, and we have a 19 you know, within a half a mile on either side. 19 commercial -industrial — again, it is a strip 20 But you do have that concentration along the 20 pattern. It's north and south, you know, miles and 21 railroad tracks and along Old Dixie and, 21 it's very narrow east -west all up and down that 22 ultimately, US -1 22 stretch. 23 So I think -- I think what happens in a lot of 23 And I think we have cases, and that's why Bill 24 those cases is that the, you know, the commercial- 24 showed the map of — we have areas that have CL and 25 industrial is stretched out. It's not a preferred 25 CH right beside each other in a number of areas 15 17 1 pattern. It's a strip It's a strip pattern. So 1 further to the south. And again, we see — we've 2 that's where a lot of different kinds of commercial 2 already got CH in one area here. We have 3 are, including the heavy commercial, including some 3 industrial right to the west. And that's why, to 4 of the industrial. 4 us, it makes sense here. 5 In this particular case, I would say that, you 5 It wouldn't make sense, for instance, if you 6 know, we looked at the heavy commercial that's 6 went further north away from where you already had 7 nearby. We looked at the industrial that's on the 7 some heavy commercial or some light industrial. 8 other side of Old Dixie and the railroad tracks 8 COMMISSIONER: Is that a key factor in your 9 immediately to the west. And, you know, in this 9 consideration is the fact that you've got 10 location we thought CH, you know, makes sense for 10 industrial to the west there? 11 it to be there. 11 MR. BOLING: Right, it's one of the 12 1 would not say that it makes sense everywhere 12 considerations. 13 up and down that seven -mile area where you have, 13 COMMISSIONER: Yeah, because it's already — 14 you know, a lot of CL, stretches of CL. But again, 14 it's already zoned as CH. 15 1 think you do have a mix of uses. 15 MR. BOLING. Right, to the south and 16 We actually — we tend to see CL, but 16 southeast, correct. 17 especially CG. A lot of times properties get 17 COMMISSIONER. Yeah. 18 rezoned from heavy commercial to CG near major 18 MR. BOLING: That's correct. 19 intersections. You saw that down at Oswald Road 19 CHAIRMAN POLACKWICH: Anybody else have any 20 and Old Dixie Highway not too long ago. 20 questions or comments of county staff? 21 So we lose CG — CH in some areas. This is 21 Is the Applicant here? 22 one of the opportunities we thought it made sense 22 Do you have any questions of county staff or 23 for — for it to be between heavy commercial and 23 simultaneously would you like to make a 24 then, you know, industrial to the west. 24 presentation? 25 But I would agree, I would not say that CH is 25 MR. MILLS- Good evening, Commissioners, my UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com Request to Rezone 01-14-2016 UNIVERSAL 877.291.3376 au8 COURT REPORTING www.UCRinc.com 18 20 1 name is Wesley Mills with Mills Short & Associates, 1 MR. WOODS My name is John Woods. I live on 2 and I do not have any questions of staff. And 1 2 Martha's Lane, it's in Hobart Landing which is 3 don't feel it's my place to be up here and be 3 immediately across the street from this area. 4 redundant after Mr Boling 4 And it's just a question, the environmental 5 However, one thing I did want to make note of 5 impact. Right now the drainage for that site is 6 with the heavy commercial properties to the south, 6 accomplished through a county open drain that 7 my client currently has under contract 19 acres of 7 empties into our.private channels. And there's — 8 which four of those parcels to the -- to the south 8 there's silting as part of that process. 9 are also part of one property and will be part of 9 So does the environmental impact look at how 10 one — one development. 10 the drainage of this new whatever development, I 11 So we just want to make the heavy commercial 11 guess there isn't any description of what we're 12 area more compatible as one parcel, so. 12 going to do or why we need this, but is it going to 13 CHAIRMAN POLACKWICH: Any questions of the 13 deal with the new drainage? Are we going to 14 Applicant? 14 continue to have to service drainage of — of this 15 MR. MILLS: One other thing is I just wanted 15 new property with whatever comes out of it? 16 to mention while I'm up here is that any future 16 MR. BOLING Mr. Chairman, if I could answer? 17 development project will be compliant with the 17 CHAIRMAN POLACKWICH: Mr Boling. 18 landscape buffering requirements like any other 18 MR. BOLING. You're correct. There's no 19 heavy commercial project next to or surrounding 19 development plan or engineering plan to look at at 20 residential developments, and will have buffers on 20 this stage, but we do have for any development 21 — like all other projects that you guys see. 21 project we do have drainage reviews in terms of 22 CHAIRMAN POLACKWICH: Okay 22 where outfalls can be, if they're legal positive 23 COMMISSIONER: One quick question. 23 outfalls or not; and what I would invite you or any 24 Does he own the property subject to the 24 other member of the Hobart Landing Community, if we 25 rezoning tonight? 25 could get your name and email address, if and when 19 21 1 MR. MILLS: Yes, sir 1 a development plan comes in we could contact you. 2 COMMISSIONER: Okay Thank you. 2 You could come in and take a look at the physical - 3 COMMISSIONER: And he owns a piece to the 3 - the details will be in place or at least a 4 south as well that's already zoned CH? 4 proposal in place at that time, and you might be 5 MR. MILLS. Yes, sir. 5 able to bring some information about drainage that 6 COMMISSIONER: Okay 6 everyone needs to hear 7 COMMISSIONER: He owns it or it's under 7 MR. WOODS Okay And I'm just speaking as 8 contract? 8 private at this point. It's just a concern. We've 9 MR. MILLS. It's under contract. 9 got a problem with siltage on that outlet right 10 COMMISSIONER: Okay But this — this parcel 10 now And we'd like to do something get addressed. 11 he owns in fee simple? 11 We wouldn't like to see it balloon. 12 MR. MILLS. All seven parcels are collectively 12 MR. BOLING It would information that would 13 under one contract as a purchase. 13 be good at that time. 14 COMMISSIONER: Okay So-- 14 COMMISSIONER: And Mr Woods, that's a county - 15 MR. MILLS: Which includes the limited 15 owned ditch? 16 commercial, the heavy commercial. 19 acres in 16 MR. WOODS. Yeah, it's a county drain, and I'm 17 total. 17 sure, you know, I'm not sure the history, but 1 18 COMMISSIONER: Okay. Thank you. 18 don't think it would be approved today to dump 19 CHAIRMAN POLACKWICH: Any other questions or 19 county water into a private channel. 20 comments either by the Commission or county staff 20 COMMISSIONER: Okay It goes under US -1 over 21 or the Applicant? 21 to Hobart Landing to your — you canals back there? 22 Would anyone else like to be heard on this 22 MR. WOODS Yeah, yeah. It was improved a few 23 matter? 23 years back and, with that improvement, more water 24 Yes, please. Come right up to the podium and 24 But with more water came a lot more of everything 25 go ahead and state your name and address, please. 25 else. UNIVERSAL 877.291.3376 au8 COURT REPORTING www.UCRinc.com Request to Rezone 01-14-2016 UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com 22 24 1 COMMISSIONER,: More problems. 1 commercial limited and not commercial heavy 2 MR. WOODS And right now it's — nobody owns 2 First, I'll you about the park. It's not 3 it except us. 3 going anywhere. I read in some of the county 4 COMMISSIONER: Thank you very much. 4 things they seem to imply that it's not going to be 5 MR. WOODS. So with that question I would hope 5 there. 6 that we could at least have that included as part 6 1 have approximately 80 full-time residents. 7 of the environmental assessment of this thing 7 Our — it's a 55 and older park. 8 MR. BOLING. What we can do is put a notice in 8 Can everyone still hear me? 9 our own computer system on this subject property to 9 (Thereupon, the Commissioners replied 10 contact you if we get your contact information. 10 affirmatively ) 11 MR. WOODS. And I'll leave that with the— 11 MR. GRAHAM. It's a 55 and older park, and 12 MR. BOLING This gentleman can get that 12 they're not going anywhere. We just — two units 13 information from you. 13 have recently been sold, so new people come in all 14 MR. WOODS. Okay 14 the time, and they are — these old people, they 15 CHAIRMAN POLACKWICH: Anybody else? 15 like to be there. It's a happy park and we've made 16 MR. GRAHAM: Yes. 16 some, since I've purchased it, we've made some 17 CHAIRMAN POLACKWICH: Again, please state your 17 improvements in the park. I have new electricity, 18 name and address. 18 the water plant's been improved, I've put in over 19 MR. GRAHAM: My name is Bill Graham. I'm — 19 $100,000 already just to improve the park. It's 20 well, I live in St. Pete Beach, but I'm from Palm 20 not going anywhere. 21 Paradise Mobile Home Park, 7945 U.S. Highway 1 21 First, I want to state my reasons to not 22 Is that one — is that a projector here so 1 22 rezone. It's — there's RHM-6 buffer below the 23 can project things up there? 23 park. I have a map, I can show it. It's the same 24 CHAIRMAN POLACKWICH: I think they can help 24 one you guys are seeing, you were showing a minute 25 you; staff can help you with that. 25 ago. And I submit that there's no site plan been - 23 25 1 (Thereupon, unrelated discussion about 1 - been submitted, so there's no reason for this 2 projector set-up occurred.) 2 rezoning because we don't know what could be put 3 MR. GRAHAM: Yeah, once again, my name — I'm 3 there. And rezoning it to commercial heavy will be 4 sorry, is somebody talking? 4 damaging to the health, welfare, and safety of the 5 CHAIRMAN POLACKWICH: There's a microphone 5 residents of the park. 6 right in front of you there 6 And the noise and light pollution is not going 7 MR. GRAHAM: I'm hard of hearing, so make sure 7 to be buffered by 30 feet and a six -feet wall. So 8 — can everyone hear me? 8 that's my basic argument for not rezoning. 9 (Thereupon, the Commissioners replied 9 If you do — if they must rezone, I'm saying 10 affirmatively.) 10 it should be commercial light, commercial limited, 11 MR. GRAHAM: My name is Bill Graham. I bought 11 whatever you want to call it. 12 Palm Paradise Mobile Home Park in May And I would 12 Once again, there's been no site plan. We 13 like to make a— 13 don't know what's going to be there. There's lots 14 CHAIRMAN POLACKWICH: Just for clarification, 14 of detrimental uses for commercial heavy, and 15 is that the park immediately north of this piece? 15 there's — it's — without a site plan we have no 16 MR. GRAHAM: I was just about to describe it, 16 idea what they could put there. There's lots of 17 yes. 17 detrimental stuff. 18 CHAIRMAN POLACKWICH: Okay 18 So once again, here's the picture of — this 19 MR. GRAHAM. I'm the park adjacent to this 19 is me. This is 80 residents. And they're right up 20 land, just to the north, and my request, and 20 against the buffer line. I mean, there's — they 21 basically it's going to be to not accept the 21 have — there's mobile homes just two feet off the 22 changing in zoning of the parcel directly south of 22 line, five feet off the line. They've been there 23 me which is the other mobile home park 6 lot. 23 since 1972 at least. We have residents who have 24 And if rezoning must proceed, I -- I agree 24 been there since the beginning. 25 with you that it should be commercial light or 25 Anyway, there's — right below it is that RHM- UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com Request to Rezone 01-14-2016 UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com ---_ 26 28 1 6 is right below it. This is what they're 1 Any questions? 2 proposing right here to change that to a commercial 2 CHAIRMAN POLACKWICH: Questions or comments? 3 heavy, and I'm saying not to do it, at least if 3 COMMISSIONER: Your reference is to the very 4 nothing else, to commercial light. Commercial 4 top that is currently -- 5 limited, sorry 5 MR. GRAHAM: Yes, I'm the property to the 6 So the reasons to go for commercial limited 6 north of what they're trying to rezone. 7 and not commercial heavy is it's still is 7 COMMISSIONER: Okay Thank you. 8 compatible with the Wobasso Corridor Plan that I've 8 MR. GRAHAM: This — this right here is RHM- 9 read that they've proposed. It's consistent with 9 6 It's about three acres. 10 the other property zoning; it's a lot of commercial 10 COMMISSIONER: Okay. 11 light above us, below us, to the east and west. 11 MR. GRAHAM: It's — it's RHM-6 right now 12 And there's many — several noisy and offensive 12 That's not part of the park. 13 commercial heavy permitted things which will be 13 COMMISSIONER: Yeah. 14 definitely not compatible with living near the — 14 MR. GRAHAM: They have that under contract, 1 15 senior citizens living there within — within 30 15 assume, and this is the park right there, and it's 16 feet. 16 right there. There's no — there's no — there's 17 By 55 -plus means their age, not quantity 17 no natural buffer there built-in except for 18 As I read it, there's a 30 -foot buffer with a 18 whatever they would have to put there which, 19 six-foot wall, and that's the only thing that could 19 according to the plan, is 30 -feet at most with a 20 be between park residents and welding plants, a 20 six-foot wall. 21 recycling center, or drycleaner 21 Is that your question? 22 1 saw that he just said before that it doesn't 22 COMMISSIONER: Yes. Thank you. 23 have — that it can't be a recycling center, but it 23 CHAIRMAN POLACKWICH: Any other comments or 24 in the Wobasso Plan it says it can be. 24 questions from the Commission? County staff? 25 Once again, this proposal has no planned 25 Applicant, do you have any questions of this 27 29 1 usage, no site plan has been produced. The only 1 gentleman? 2 reason they're applying for this is to increase the 2 MR. WOODS No questions, I just wanted to 3 land value for resale or whatever they're planning 3 clarify is that a site plan has not been submitted 4 to do with it. There's no legitimate use for the 4 just because that's not the typical process for 5 change to a — to CH. It's only for the - - to 5 development. So the first step was requesting 6 increase the value and that's not what the purpose 6 rezoning, however, we do have some conceptual 7 of rezoning is. 7 planning and I assure that the intent of my client 8 Once again, there's many harmful uses in 8 is to develop this site. 9 commercial heavy that we just don't know what 9 MR. GRAHAM: As a what? 10 they're going to be. 10 MR. WOODS I don't believe we're allowed to - 11 Here's a list. This is my final slide, things 11 - are we allowed to discuss that in a rezoning 12 1 got out of the Wobasso Corridor Plan that are 12 application? 13 permitted. 13 MR. BOLING. Mr Chairman, again, just the 14 Can you all see that? Is that too small? 14 caution is that it's not something that we — they 15 We've got welding plants, dry-cleaning plants, 15 can be held to, that's why we don't encourage 16 crematoriums, durable/non-durable goods. 16 people to 17 I don't know what that means. 17 MR. GRAHAM: So we have no idea what they 18 Bars, drive-through restaurants, building 18 could put there. They could be putting 19 materials, general contractors, body and paint 19 crematoriums and auto body paint shops, right? 20 shops, fuel dealers, whole lots of things. 20 MR. BOLING: If it is rezoned to heavy 21 Anyway, that's my -- that's my presentation. 1 21 commercial, I think every use that you had on that 22 believe it should be not rezoned at all because 22 slide except the recycling center could be allowed. 23 there's no site plan, no reason for it to be 23 A couple of the uses were special exceptions 24 rezoned at this time And if you must rezone, then 24 or administrative permit which has a higher test. 25 it should be commercial limited. 25 MR. GRAHAM: The only administrative one was UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com ---_ Request to Rezone 01-14-2016 UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com aye b.q 30 32 1 the recycling center and that's administrative 1 all the things on there, commercial fishing, 1 2 approval only 2 didn't think that was going to happen. 3 MR. BOLING Right, but I think you had 3 MR. BOLING I mean, it went on ten pages that 4 unenclosed commercial amusements which is special 4 we had here 5 exception, but you're correct. Going to the Heavy 5 MR. GRAHAM: What's that? 6 Commercial District you have to assume the 6 CHAIRMAN POLACKWICH I said the list of 7 possibility I mean, some uses are not very 7 compari-, the list of possible uses went on for 8 probably, but you have to look at the possibility 8 about ten pages in our — in our materials. 9 of the uses that are, like you had in there, which 9 MR. GRAHAM: Yeah. 10 was correct, contractors, trades. You could have a 10 COMMISSIONER. I have a question for staff. So 11 dry cleaning plant. You could have fuel dealers, 11 let's look at the non — let's say that was a, not 12 body shop, storage. You're correct. 12 a nonconforming zone and it was residential; would 13 And just the only other thing, Mr Chairman 13 we look at that any differently? 14 that — that — again, it was in the presentation, 14 MR. BOLING: Yes. Staff would. 15 but it was a factor in staffs recommendation was 15 COMMISSIONER: Yes. 16 that this is in the Wobasso Corridor, so the uses 16 MR. BOLING. Staff would look at if you were a 17 we're talking about would be inside buildings so 17 budding — a designated, residentially- designated 18 you don't have uses that are outside of buildings 18 area, we would not recommend heavy commercial right 19 that you otherwise could have in CH that did not 19 beside it. 20 have that extra set of controls of the Wobasso 20 Just actually in this very area, a little bit 21 Corridor. 21 to the north and to the east, on the east side of 22 MR. GRAHAM: Have you ever lived next to a dry 22 US -1, Pro Transmasters up there, they came in as a 23 cleaner? 23 planned development rezoning. Their eastern 24 MR. BOLING I don't know if I have or not. 24 boundary abuts residentially -designated property, 25 MR. GRAHAM: Okay 25 conforming residentially -designated property And 31 33 1 MR. BOLING. I don't. I've lived next to a 1 they actually went through the PD rezoning process 2 laundromat. 2 where you have a site plan and you have controls, 3 MR. GRAHAM: You know it's just that — my — 3 and they're Wobasso Corridor -complaint buildings 4 1 just go back to the same question of why is it 4 there. So that — because staff would not 5 commercial heavy? We don't know what's — why are 5 recommend heavy commercial on that site because it 6 they even allowed to ask for rezoning when there's 6 ran up against, it actually abutted residentially - 7 no — there's no site plan? We don't know what 7 designated property to the east, but we — we did 8 they're asking for; they can put any of this stuff. 8 support and the board did approve and it was 9 CHAIRMAN POLACKWICH: Understand, they're not 9 developed as a repair shop, basically, with, you 10 required to, to say what they're going to do, and 10 know, setbacks and buffers and building — building 11 even if they did tell us what their plan is, 11 corridor aesthetics. 12 tomorrow they could change their minds. 12 CHAIRMAN POLACKWICH: Any other — excuse me. 13 MR. GRAHAM: Understood. 13 Any other questions or comments from the 14 CHAIRMAN POLACKWICH: It's pretty much useless 14 Commission? 15 information. 15 COMMISSIONER: I have. I have one question of 16 MR. GRAHAM: Which is exactly my reason why it 16 Stan. 17 should be commercial limited 17 Stan, as far as auto body repair and the 18 CHAIRMAN POLACKWICH: Frankly, from my 18 Wobasso Corridor requiring the indoors, would they 19 standpoint, frankly, I'm looking at it from the 19 be allowed to park cars that are going to be 20 standpoint of what are the most intrusive uses that 20 repaired or damaged cars outside or would they have 21 would be allowed; do I think that's appropriate? 21 to be inside? 22 MR. GRAHAM: Yeah, 22 MR. BOLING. They — people could — parking 23 CHAIRMAN POLACKWICH: Because those are the 23 lots are allowed in the CL, CH, and in the Corridor 24 uses that would be permitted. 24 as well. 25 MR. GRAHAM: And he is correct, I did not put 25 So I think any staging areas or parking areas UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com aye b.q Request to Rezone 01-14-2016 UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.com a48 -D -,D 34 36 1 where it's customer parking for supervising the 1 MR. BOLING. Yes. 2 cars, what we would have is if they had an area 2 MR. BURR: Even if it was zoned ZH? 3 where if they had damaged vehicles, we'd probably 3 MR. BOLING C That's correct. 4 have them designate on the site plan area around 4 MR. BURR: That would be disallowed by the 5 back or a screened -off area for that. 5 Wobasso plan? 6 But you would — you know, any customer 6 MR. BOLING Yes, that is correct. 7 dropping off their car or parking to go in would 7 MR. BURR: Okay In any case, that's 8 just be in a parking area. 8 generally — the community is, you know, hopeful 9 COMMISSIONER: Okay Thank you. 9 that you guys don't change it to the CH. 10 CHAIRMAN POLACKWICH: Other questions or 10 CHAIRMAN POLACKWICH: Any questions for this 11 comments? 11 individual? 12 Any other person wish to be heard on the 12 Thank you very much, sir 13 matter? 13 MR. BURR: Thank you. 14 Yes, sir Again, please state your name and 14 CHAIRMAN POLACKWICH: Anybody else like to be 15 address for the record. 15 heard on this? 16 Wait until you get to the microphone down 16 Any other questions or comments by members of 17 there. 17 the Commission to any of the people who have spoken 18 MR. BURR: My name is Glenn Burr I live in 18 to us? 19 Hobart Landing. And I'm here representing our 19 If not, okay, we'll go ahead and close the 20 community I'm actually the president of the 20 public hearing 21 association in there. And we have a number of 21 Discussion? 22 people from that community here tonight, and we're 22 COMMISSIONER: Happy to discuss this one 23 all concerned about what the zoning change may 23 You know, the reality that we're not to 24 result in. 24 consider the mobile home owners is troubling to me 25 1 agree with you, from what you've spoken 25 because the fact of the matter is they are there. 35 37 1 before about, and our previous speaker, but I don't 1 And that it is — while it's nonconforming, it is 2 see any particular reason to change that zoning 2 currently being used as residential. And you know, 3 from what it is now to the CH. 3 it doesn't appear that that is going to change 4 1 also don't understand that if it does get 4 anytime soon. 5 changed to CH, how the Wobasso Corridor Plan would 5 So I think that is, you know, I set that 6 rule out something that would now be considered CH 6 question up to see what the, you know, what 7 buildable, something that could be built in there 7 consideration was given and if it would have been 8 because it's result is CH. 8 different consideration if that was slotted as — 9 What exactly does the Wobasso Corridor Plan 9 as a conforming use. 10 rule out? 10 So I'm troubled by that. 11 CHAIRMAN POLACKWICH: Mr Boling? 11 I'm also, with respect to the, Allen's 12 MR. BOLING: Mr Chairman, thank you. 12 contention on the commercial light, I would say 13 Mr Schutt put up a slide in his presentation, 13 that has merit, but the reality is that the 14 and that's actually listing uses right out of the 14 southern part of that, the existing zone, is CH. So 15 code. Wobasso Corridor actually has some use 15 it already is CH and it's been — it's been that 16 restrictions; not only landscaping and sign and 16 way 17 building requirements, so it's actually an overlay 17 So if there's a place for it, potentially, and 18 zone. So there are extra requirements on the 18 you could make, as staff has, I think, done 19 subject property, whether it's CL or CG or CH. 19 effectively, that you could — a reasonable person 20 And so there are special prohibitions in the 20 could argue the compatibility issue 21 Wobasso Corridor area above and beyond heavy 21 So I'm -- I'm a bit challenged by it 22 commercial. And that -- those restrictions are in 22 personally 23 the zoning code, in the same code. 23 CHAIRMAN POLACKWICH: Just addressing that 24 MR. BURR: So there would be some sort of 24 second point, Bill, if you could put back up the 25 restrictions? 25 zoning map, the first one you showed. The first UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.com a48 -D -,D Request to Rezone 01-14-2016 UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com --- 38 40 1 zoning map that you showed in your presentation. 1 affect that business? This gentleman has already 2 MR. SCHUTT Mm-hmm. 2 got an investment there, so that's something to 3 CHAIRMAN POLACKWICH: I think you even had one 3 think about. 4 broader than that. It might be the next one maybe. 4 And we are effectively giving somebody 5 Oh, that's — yeah, that one right there. 5 permission to do something they would otherwise not 6 Okay, now you see all along US -1, south and 6 be able to do which will affect this business in 7 north, there is that one site that is CH right next 7 some way, shape, or form. So we need to think 8 to this one. And my very first impression when 1 8 about that also. 9 looked at this agenda item and started reading it, 9 COMMISSIONER: I agree 10 1 thought, well, there's CH right next-door; what's 10 CHAIRMAN POLACKWICH: Is there any further 11 the big deal to extend it CH to the next one? 11 discussion among the Commission? 12 But then to me, it wasn't just a matter of 12 Do we have, then, a motion either to recommend 13 what was next-door To me it was the nature, if 13 approval of the rezoning or to not recommend 14 you will, of the surrounding area. 14 approval of the rezoning? 15 Now, pretty much everything north and south, 15 CHAIRMAN POLACKWICH. Okay, we have a meeting 16 until you get up to US -1 up there, I mean to 510 up 16 by Ms. Calderon to not approve the recommended 17 there, all that property on the east side of US -1 17 zoning 18 where the site is, that's all First Commercial 18 Do we have a second to that motion? 19 Limited, which is supposed to support residential. 19 COMMISSIONER: I'll second it. 20 And then you get all into that R-3, RS -3, RS -6, 20 CHAIRMAN POLACKWICH: Mr Rednour has seconded 21 RS -7 It's all residential over there. 21 it. 22 And I started to conclude that, at least to 22 Do we have any further discussion on the 23 me, it wasn't so much what was the property next- 23 motion? 24 door, but to me it was what's the flavor, what's 24 All in favor, please signify by 'aye' 25 the predominant use of this surrounding area? 25 (Thereupon, collectively, a group of six 39 41 1 And to me, the predominant use, while there 1 Commissioners responded, 'Aye') 2 were some exceptions, because you go on the other 2 CHAIRMAN POLACKWICH Any opposed? 3 side of the railroad tracks and you pick up an IG, 3 (Thereupon, one Commissioner responded, 4 you pick up an IL, but you see there's still RM -6 4 'Nay') 5 right next to that. 5 CHAIRMAN POLACKWICH: Okay, we have — the 6 But the predominant use in that area was 6 vote is what? One, two, three, four All seven of 7 residential or CL supporting residential. And 7 us, so the vote is six -to -one in favor of the 8 that's when I started to say, well, gee. Just 8 motion against the rezoning, with Mr Stewart being 9 because there's a commercial heavy next-door, it 9 the dissenting vote. 10 didn't change, in my view, that the predominant use 10 Thank you very much on that. 11 in that area was residential or commercial 11 Thank you, gentlemen. 12 supporting residential. 12 And this is only, as you understand, a 13 So that at least was my thought process. 13 recommendation to the Board of County 14 Whether right or wrong, that was my thought 14 Commissioners. They actually make the decisions. 15 process. 15 Is that correct? 16 COMMISSIONER: Yeah, when I look at that, 1 16 MR. BOLING Actually, for rezoning, this 17 also see the industrial light to the west, and you 17 denial has to be appealed to the Board of County 18 could also interpret that to mean that the CH is 18 Commissioners which I assume the Applicant will do 19 appropriate when you look to the north. Yeah, so 19 So I do assume this will go to the Board of 20 that's how I viewed it as well. 20 County Commissioners 21 CHAIRMAN POLACKWICH. Yeah, fair enough. Fair 21 CHAIRMAN POLACKWICH All right, because the 22 enough. 22 recommendation was that, based on analysis, the 23 COMMISSIONER: The number one thing we're not 23 staff recommends that the Planning and Zoning 24 considering, though, is we have an existing 24 Commission recommend that the Board of County 25 business there, and exactly how is this going to 25 Commissioners approve the request. UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.com --- Request to Rezone 01-14-2016 42 1 MR. BOLING: Positively If you recommend 2 approval of something, it's not — it's a 3 recommendation. 4 If you deny, it's final action unless 5 appealed. 6 CHAIRMAN POLACKWICH: Really? 7 MR. BOLING: It's an odd part of our code. 8 COMMISSIONER: So, Stan, from a process 9 standpoint they have - 10 MR. BOLING. They have -- 11 COMMISSIONER: They have a right to appeal — 12 MR. BOLING. Yes. 13 COMMISSIONER: — and then it goes to the 14 Board of County Commissioners for a decision? 15 MR. BOLING. That's correct. 16 COMMISSIONER: Okay So there's still an 17 option. 18 CHAIRMAN POLACKWICH: Okay 19 (Hearing on Agenda Item #6 concluded ) 20 21 22 23 24 25 43 1 CERTIFICATE OF TRANSCRIBER 2 STATE OF FLORIDA 3 COUNTY OF BROWARD 4 5 I, AMANDA BESSETTE, Transcriptionist and Notary 6 Public for the State of Fl6rida, do hereby certify that 7 1 was authorized to and did transcribe, to the best of 8 my ability, the audio recording of the Indian River 9 County, Florida Planning Commission from the meeting of 10 January 14, 2016 as provided, and that the transcript 11 and forgoing pages, numbered 1 to 42 inclusive, 12 constitute a true and correct transcription. 13 WITNESS my hand and official seal in the City of 14 Fort Lauderdale, County of Broward, State of Florida, 15 this 23rd day of February 2016. 16 17 18 19 20 21 22 AMANDA BESSETTE, Transcriptionist Notary Public, State of Florida 23 Commission No FF 926355 Commission Expiration: 10/11/2019 24 25 UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.com ID. A. Thursday, February 25, 2016 8:32:41 AM ET Subject: Toni Robinson Waterfront Trail zoning change opposition Date: Wednesday, February 24, 2016 11:09:06 PM ET From: Damien Hunter To: Wesley S. Davis, Joseph E. Flescher, Tim Zorc, Peter D. O'Bryan, Bob Solari February 24, 2016 Sent via E-mail to - Wesley S. Davis, Commissioner, District 1 wdavis(@irceov.com Joe Flescher, Vice Chairman, District 2 jflescher(�ircgov.com Tim Zorc, Commissioner, District 3 tzorc(cDirceov.com Peter D. O'Bryan, Commissioner, District 4 pobrvan(a)irceov.com Bob Solari, Chairman, District 5 bsolari(oirceov.com Re. Toni Robinson Waterfront Trail zoning change opposition DeartCommissioners, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I am a frequent visitor to the Toni Robinson Waterfront Trail, a wildlife gem that is preserved by the Indian River Land Trust and open to the public. This trail is directly across the street from the property at issue and I strongly oppose changing the zoning on the property at issue from CL to CH On February 23rd I was forwarded a proposal dated February 15, 2016 requesting to rezone the property at issue from CL to CH - a decision that I understand was already DENIED by the zoning and planning committee I urge you and the Board uphold that denial and to reject this rezoning request. I am a tourist in Indian River County. I come all the way from Gainesville, Florida to share the amazing Indian River Lagoon with my wife and our 5 children I do not know if you have children, but traveling with them is neither cheap nor easy, but for the past 2 years we have driven 4.5 hours to attend the Toni Robinson Waterfront Trail Conservation Tour anyway because my children love learning about the bees that live in the area, love eating the honey, love seeing the wildlife - manatees, birds, and dolphins, love constructing oyster mats to help the Lagoon, and love listening to the great bluegrass bands at the event. I have met people that reside around the area The passion they have for protecting the Lagoon is inspiring and I am happy it is something that my children get to experience. Activities permitted in CH zoning areas would ruin everything my children and I love about this area and would be completely against all efforts that have been made to protect the Lagoon. Tourism would disappear completely - a sight that would be sad to see for a property that has so much to offer to tourists like me and my family CH permitted activities simply have no place anywhere near the lagoon and definitely do not belong directly across the street. Qu8 • E -I Page 1 of 2 My wife, our children, and I are staunch supporters of protecting the environment we share with the plants and animals around us and I hope that you are too Please protect our favorite vacation destination and reject the rezoning request. Sincerely, Dr Damien Hunter Damien J. Hunter DMD (386) 688-1167 damienhunterdmdC@Rmail.com 4421 NW 16th PI Gainesville FI 32605 au8 -6-JL Page 2 of 2 Tuesday, February 23, 201610:19:01 AM ET Subject: Rezoning US 1 Wabasso Corridor Date: Tuesday, February 23, 2016 9:32:32 AM ET From: Robert Greason To: Bob Solari Good Morning Mr. Solari Please find the attached letter regarding the proposed zoning change for the property on US 1 in the Wabasso Corridor. Look forward to seeing you at the hearing. Regards, Bob Greason Vice President Hobart Landing Home Owner Association agg•E-3 Page 1 of 1 Robert Greason 42267 9th Street Vero Beach, Florida 32967 Mr Solari February 22, 2016 Please read this letter into the meeting on March 1 st of the county commissioners regarding the rezoning of property on US 1 Wabasso I have been a resident of Hobart Landing for 13 years and am duly concerned about the changing of zoning for the property under contract by MPM 7, from commercial light to commercial heavy I have researched the Municodes and The Wabasso Corridor Plan and find a significant confliction between the two. I do not have to tell you of the types of business allowed under commercial heavy, but they are in direct conflict with the Purpose and Vision of the Wabasso Corridor Plan. Wabasso is a wonderful blend of the Vero Beach and Sebastian and afford those of us that live here and visitors, a terrific atmosphere and clean and natural lifestyle in one of our state's most beautiful places. Our economy in Indian River is based primarily on tourism County road 510 is our gateway to The Barrier Island and some of the most beautiful beaches in our state. I estimate we receive 70% of our revenue in three month Also, I estimate the traffic count on US 1 and CR 510 at between 15,000 and 25,000 cars a day. I cannot understand the logic in putting an industrial related business on the busiest road in our county short of I- 95. Most counties and cities, create an industrial development area, where business requiring CH, can go and prosper without impacting a high traffic, residential area. With 25,000 vehicles passing the property in question daily, why would we allow a business that does not draw to the traffic, potentially poses a detrimental impact on the environment, does not comply with the Wabasso Corridor Plan, is opposed by the majority of the local residence and is being perused by entities that do not live in our community and have no interest in the well being of our community? Commercial Light zoning provides thousands of opportunities for business that will better comply with the Wabasso Corridor Plan and better integrate with the local economy These types of business can appeal to the estimated 25,000 vehicles that pass the property every day Businesses that will hire local people, pay local sales tax, property and payroll taxes. Business that will contribute to and support the local residence and visitors. This is not a defunct Detroit suburb or the abandon steel mills of Pittsburg and we do not want it to start looking like that. This is one beautiful part of Florida and let's keep it that way. Five of six Planning and Zoning board members saw the reason for not allowing the change There are plenty of other and better uses for this property Please vote no on the appeal. Sincerely (signed electronically) Robert Greason Hobart Landing Home Owners Association Vise President aug-E-4 Tuesday, February 23, 201610:22:11 AM ET Subject: Zoning change Date: Tuesday, February 23, 2016 9:24:08 AM ET From: KEVIN P GALVIN To: Bob Solari CC: ragreason@bellsouth.net, Glen Burr Dear Commissioner Solari We are residents of Hobart Landing and seek your support in denying a change in the rezoning of the land by MPM Seven from CL to CH will be addressed (Item- Appeal RZON#2002090043-75772). This property is located directly across from our neighborhood and adjacent to Palm Paradise Mobile Home. We are aware of your continued support of the environment and the quality of life that we enjoy in Indian River County and are appealing to you to help us address this change. We are against the rezoning of this parcel of land for many reasons: primarily, the impact that such a change will have on our neighborhoods and the environment. As you know, this land is situated very near the Indian River Lagoon and changing the zoning to Commercial Heavy Usage will affect us because of the industries that will be permitted under this change. The approved usages will adversely affect the environment and our neighborhoods 1 know that Mr. Flescher is our representative, however, we are asking that you vote against this change and join us in protecting our community. Thank you for your support. Respectfully submitted, Kevin and Celeste (Rinehart) Galvin 3586 Lucia Drive Vero Beach, FL 32967 Phone 589-9368 1 4 2 E -s- Page 1 of 1 Tuesday, February 23,2016 10:16:42 AM ET Subject: Hobart Landing zoning change opposition Date: Tuesday, February 23, 2016 9:45:22 AM ET From: Caitlin Rissman To: Joseph E. Flescher, Wesley S. Davis, Tim Zorc, Peter D. O'Bryan, Bob Solari CC: Glen Burr, Bob Greason, Caitlin Rissman, Patrick Hoy February 23, 2016 Sent via email and US Mail to: Vice Chairman Joseph Flescher 1801 27th Street Vero Beach, FL 32960 3388 iflescher(@ircgov.com With a copy to: Vice Chairman Joseph Flescher 279 Joy Haven Drive Sebastian, FL 32958 Re. Hobart Landing zoning change opposition Dear Commissioner Flescher, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and I strongly oppose changing the zoning on the property at issue from CL to CH. Surprisingly, although we were aware of the recent decision issued by the zoning board.denying this zoning change request, no one in my neighborhood was notified of the current hearing to overturn that denial by any of the parties directly involved. Please understand that there are many residents that live in and around this area and applying a CH zoning classification to a property without regard to its residential area surroundings would be unfair and unjust. The property at issue is currently and should remain zoned for light commercial use - uses that are intended to accommodate the convenience, retail, and service needs of the area residents, while minimizing the impact of such activities on the residential areas. CH, on the other hand, is not designed or intended to support the area residents, d y$- E -lo page 1 of 3 or minimize impact of its activities on our residential areas. Instead, it accommodates and supports development of commercial and industrial uses allowed within non-residential zoning districts. We do not live in a non-residential zoning district. Changing the zoning to CH is not compatible with the surrounding residential areas and would be detrimental to my family and me as area residents. I understand that in reviewing the zoning change request, the board will consider the zoning differences between CL and CH and will look to the land development regulations to determine what that difference will mean in terms of most intense use of the property. You might discuss square footage, acreage, and the impact on traffic, among other things. You might reflect on how CH and CL are very different and how CH is actually not intended for uses permitted within a CL designation - and you would be right - but discussing the proposed zoning change in this way falls short of considering the actual impact that it will have on me and the other residents of Hobart Landing as well as those that live in the surrounding residential areas. Changing the property from CL to CH will directly affect our community in a very negative way. We do not live in or near an area engaged in major repair services or loud manufacturing activities like welding and steel fabrication plants. We do not live in or near an area that engages in activities that pollute and damage the environment like fuel depots, heavy industrial complexes, or dry cleaning plants. The residents in this area live near protected land like the Toni Robinson Waterfront Trail - home to beehives that produce delicious orange blossom honey, multiple families of otters, the occasional bobcat, wild hogs, alligators, and land crabs. Many residents and visitors alike use the trails daily to run, walk, and explore nature with their friends and family. We live near a community park with recreational courts, nature walks, and family picnic areas. We live near the Indian River Lagoon and share our backyards with manatees, dolphins, fish, and birds that we see daily while paddle boarding, swimming, and boating in the lagoon. Change the zoning from CL to CH and you will replace the sound of birds singing in the morning with screeching metal and banging all day long. You will replace the star -filled night sky with light pollution from 20 -feet high parking lot lights. You will replace the smell of fragrant flowers that bloom throughout our neighborhood and the bees that pollinate them with caustic chemical exhaust and dust. You will replace visitors that come to this area to explore nature on our many protected trails with 18 -wheeler and heavy machinery traffic that will occur seven days per week, 24 hours per day. Runoff from manufacturing or fuel depots will make its way into our lagoon and cause irreparable damage our already injured and delicate ecosystem - threatening the fish, birds, manatees, and dolphins that call it home. If you change our residential area into an area that allows heavy commercial and industrial land use you will change the peaceful atmosphere of our neighborhood forever with no benefit to those that call this area home. How could anyone think that this would support our community? How could it be a desirable future for my family and for the residents of this area? Careful and effective urban planning should not force out area residents by damaging their quality of life and lowering their property values in order to make way for heavy commercial land use. If we cannot rely on zoning regulations to protect the land and its use around us, then why bother writing them in anything other than pencil so that they may be easily erased at the request of the highest bidder. Why bother writing them down at all? We supported you by casting our vote in your favor so that you could continue to serve as our County Commissioner Page 2 of 3 in District 2 and we need your support now. CH does not belong near a residential community and I do not want it near my home. If we, as residents of Indian River County, truly are the "only real special interest group" you represent, then I urge you to do the "right thing for everyone that resides here" and vote against the requested zoning change, in fact, I urge everyone on the board to vote against the requested zoning change. Sincerely, Caitlin Rissman, Esq. Cc: Wesley S. Davis, Commissioner, District 1 wdavisPircgov.com Tim Zorc, Commissioner, District 3 tzorc@ircgov.com Peter D. O'Bryan, Commissioner, District 4 pobryan(@ircgov.com Bob Solari, Chairman, District 5 bsolariPircgov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA Dr. Patrick Hoy aq8 8-8 Page 3 of 3 Wednesday, February 24, 20169:02:33 AM ET Subject: Hobart Landing CL to CH Zoning Opposition Letter Date: Wednesday, February 24, 2016 8:59:30 AM ET From: Patrick Hoy To: Joseph E. Flescher, Wesley S. Davis, Tim Zorc, Peter D. O'Bryan, Bob Solari CC: Robert Greason, Glen Burr, Patrick Hoy February 24, 2016 Sent via E-mail and US Mail to: Vice Chairman Joseph Flescher 1801 27th Street Vero Beach, FL 32960 - 3388 LescherC�ircgov.com With a coov to: Vice Chairman Joseph Flescher 279 Joy Haven Drive Sebastian, FL 32958 Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and strongly oppose changing the zoning on the property at issue from CL to CH. There are numerous reasons why I believe this change should not be made, a few of which I will share in this letter. CH zoning is non -conforming to the existing land use pattern and established area. According to the memorandum dated February 15, 2016 (the "memorandum"), the proponents of the zoning change attempted to show conformity of their proposal -with the Existing Land Use Pattern by stating that the mobile home park is out of place, pointing to one small area of CH and a small Light Industry zoning area nearby. However, looking at the map it is clear that the vast majority of the land is zoned as CL and Residential. In fact, there are twelve (12) aag•a-q Page 1 of 3 residential areas, six (6) commercial light areas, and three (3) planned development areas! The nonconforming areas are not the residential or CL - the nonconforming areas are the small CH area and the Light Industry area. Take a walk through our neighborhood and see what is here already- mobile homes, single-family homes, a post office, a sandwich shop, a church, a golf course- these are ALL Residential and CL areas. Allowing the zoning change to CH would only make less conformity and does not belong in this area. During your campaign you stated "I have vigorously defended the rights of mobile home owners, the communities and will continue to do so in the future." I hope that is still true today and that you reject the zoning request. The property at issue is so close to the Indian River Lagoon that if CH use were permitted, irreparable environmental damage will occur. The memorandum also states that the property is not environmentally important or environmentally sensitive. The proponents must believe this because they are from Ft. Lauderdale and do not how important and fragile our lagoon is to the wildlife here in Indian River County and to our community at large. The Indian River Lagoon lies less than one-half (%:) mile to the east of the property at issue. The Lagoon and the areas around it are some of our most environmentally important and sensitive areas in the State of Florida. The lagoon has an estimated economic value of over $3 billion dollars and supports 19,000 jobs. It is over one hundred fifty (150) miles long and encompasses almost forty percent (40%) of Florida's east coast. It provides a home to over three hundred seventy (370) species of birds and six hundred eighty five (685) species of fish - the Indian River Lagoon is one of the most diverse ecosystems in North America. The 'vacant land' the proponents mention in their memorandum as environmentally unimportant is actually approximately one hundred (100) acres of conservation land and nature preserve owned by the Indian River Land Trust. Fifty (50) of those acres are part of the Toni Robinson Waterfront Trail - a nature trail open to the public. This protected area is directly across the street from the property at issue. Allowing CH zoning will not only discourage the trail's visitors (which now by the way consists of families, Audubon members, and nature enthusiasts) but it will also lead to more light pollution, sound pollution, and pollution runoff directly into the protected area, directly into my back yard, and directly into the lagoon. If anything even comes close to threatening this unique, valuable and fragile area we call home, we should all stand up and fight strongly against that threat. I know the Board has supported and protected the health of the Indian River Lagoon in the past, and I hope you continue to do so now by rejecting the zoning request. CH zoning is not in the best interest of the community. CH zoning allows wholesale trade, major repair services, light manufacturing, and 'development of commercial and industrial uses permitted within other non residential zoning districts' WE DO NOT LIVE IN A NON-RESIDENTIAL ZONING DISTRICT. CH would allow general industrial buildings of up to 247,800 square feet - that is the size of a Super WalMart, Target SuperCenter, or a building area larger than four (4) football fields. This is not what I want in my backyard, and it does not belong here. The proponents of the zoning change admit in their own memorandum that CH is for non-residential areas, but yet they want to zone it across the street from my residential neighborhood and directly next to my neighbors in the mobile home park. CL zoning is to accommodate convenience, retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. Which is exactly why the property at issue should remain CL and not CH and why you should reject this zoning request. Thank you for taking the time to read my letter and considering my input on this matter. The only right thing to do here is to reject the zoning request. I hope you will do the right thing and support the residents, wildlife, and the community at large by rejecting the zoning request. au g t: - 10 Page 2 of 3 Sincerely, Dr. Patrick Hoy Cc: Wesley S. Davis, Commissioner, District 1 wdavis@ircgov.com Tim Zorc, Commissioner, District 3 tzorcCcDircgov.com Peter D. O`Bryan, Commissioner, District 4 pobryanC@irceov.com Bob Solari, Chairman, District 5 bsolari((Dirceov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA ays -ir-II Page 3 of 3 County Commission Joseph Fletcher 180127th Street Vero Beach, FI 32960-3388 Jo�G�.RI Dear Commissioner Fle`�her, Please read this letter into the record at the March 1st, 2016 county commission hearing regarding the re -zoning of the land owned by MPM Seven from CL to CH. Appeal RZON#2002090043-75772. I live in Hobart Landing and I do not want to see this property changed from CL to CH. We, the residents of Hobart Landing, the residents of Heritage Trace, and the residents of the Palm Paradise mobile park are very concerned with this request to change the above property to Commercial Heavy. We live in wonderful and unique area of Indian River County that has remained unchanged for many years. It surprises me that the commission would consider rehearing this appeal based on the fact that the area is part of the Wabasso Corridor, an area that was pledged to remain void of heavy industrial type businesses. At the planning and zoning hearing the members rejected this request by a vote of 5 to 1. 1 noticed that the new request was amended to change the RMH-6 zoned property to Commercial Limited rather than CH. Perhaps this was deemed necessary in an attempt to appease the county commission. As you can guess, this would not appease the residents of the Palm Paradise. What little buffer is offered to isolate the Palm Paradise mobile park from what could become an industrial type business I'm sure would be inadequate. The property directly north of Hobart Landing is now the Toni Robinson Waterfront Trail owned by the Indian River Land Trust (IRLT). It contains an abundant assortment of wildlife that would obviously be jeopardized by the presence of an industrial complex. The land south of 79th street( Hobart Landing, & Heritage Trace entrance) is also part of the IRLT conservation properties. I urge you to deny this request to re -zone this property and let it remain as it is so that the residents nearby can continue to enjoy the peaceful and serene environment that exists here now. Sincerely, X-5-4511 �X�_i. Glen Burr pres. Hobart Landing Homeowners Association 772-563-8503 hebegb52@hotmaii.com cc: Wesley Davis, Tim Zorc, Bob Solari, Peter O'bryan RECEIVED FEB 2 4 2016 BOARD OF CO; 1--N-j-, Thursday, February 25, 2016 8:32:29 AM ET Subject: Hobart Landing zoning opposition letter Date: Wednesday, February 24, 2016 7:22:28 PM ET From: Amanda Hoy To: jflescher@irc.gov, Wesley S. Davis, Tim Zorc, Peter D. O'Bryan, Bob Solari CC: ragreason@bellsouth.net, hebegb52@hotmail.com February 24, 2016 Sent via E-mail to: Vice Chairman Joseph Flescher iflescher@ircaov.com Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and strongly oppose changing the zoning on the property at issue from CL to CH. On February 23rd a concerned citizen forwarded me a proposal dated February 15, 2016 (the "proposal") to rezone the property at issue from CL to CH - a decision that was already DENIED by the zoning and planning committee. Even though I am in the middle of studying and taking the Florida Bar exam February 23rd and 24th, I feel compelled to take time out to write to you, as well as the other members of the Board and urge you all to reject this rezoning request. Our neighborhood and the residential areas surrounding it are well-known in this community. I read through the proposal - it does not even mention Hobart Landing, which is strange because we, in Hobart Landing, are DIRECTLY ACROSS THE STREET from the property at issue. There are over 100 people that reside here, many more that reside nearby, and every single one of us would be negatively impacted if CH zoning were permitted. We do not want the light pollution, the air pollution, the noise pollution, the water pollution, the nuisances, the decrease in quality of life, the decrease in the quiet enjoyment of our homes, and the decrease in our property values that rezoning the property from CL to CH would cause. Rezoning the property at issue from CL to CH would be at the detriment of the citizens that voted you into office and that call this area home. I understand that in the past you have supported our communities. Please continue to do so now and reject this zoning request. The Indian River Lagoon is also directly across the street from the property at issue - another fact that the proponents failed to mention in their proposal. The proponents actually make a cavalier assertion in their proposal that the area is not even environmentally important or environmentally sensitive! Anyone can take 2 seconds to look this up - The Indian River Lagoon is the MOST bio -diverse lagoon ecosystem in the Northern hemisphere and is home to more than 3,000 species of plants and animals. Of course the proposal does not mention how close the land is to the lagoon! In reality however, rezoning the property at issue from CL to CH would cause damage to the environment that would take decades to repair Please take this opportunity to protect the environment and reject the zoning request. All of the land around me, except for two small areas, is either zoned Residential or CL. It should be - this is a large residential area and CL zoning is designed to provide services to area residents, while minimizing the impact of such activities on those area residents. CH zoning, on the other hand, allows manufacturing activities and other activities permitted within non-residential zoning districts. I DO NOT LIVE IN A NON- RESIDENTIAL ZONING DISTRICT CH has no place near a residential area and I do not want it near my home. Please reject the zoning request. In conclusion, there are no adequate remedial measures that the proponents of this rezoning request could take that would mitigate the devastating impact that CH permitted activities would have on our residential communities and the irreparable damage it would cause to the delicate environment around us. Allowing the rezoning to pass would be a major blow to conservation efforts undertaken to protect the lagoon and the 3,000 different species of animals, fish, plants, and birds, that call it home. I urge you to protect the integrity of our community, protect the citizens that live here, protect the environment, and reject the proposal to change the property at issue from CL to CH. Thank you for your time. Sincerely, Amanda L. Hoy Cc: Wesley S. Davis, Commissioner, District 1 wdavis@ircoov.com Tim Zorc, Commissioner, District 3 tzorc@ircgov.com Peter D. O'Bryan, Commissioner, District 4 pobrvan@ircgov.com Bob Solari, Chairman, District 5 bsolari@ircgov.com c Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA aNg-E-13 Page Iof1 M Robert Greason 42267 9th Street Vero Beach, Florida 32967 Mr. Baird February 22, 2016 Please read this letter into the meeting on March 1 st of the county commissioners regarding the rezoning of property on US 1 Wabasso. I have been a resident of Hobart Landing for 13 years and am duly concerned about the changing of zoning for the property under contract by MPM 7, from commercial light to commercial heavy. I have researched the Municodes and The Wabasso Corridor Plan and find a significant confliction between the two. I do not have to tell you of the types of business allowed under commercial heavy, but they are in direct conflict with the Purpose and Vision of the Wabasso Corridor Plan. Wabasso is a wonderful blend of the Vero Beach and Sebastian and afford those of us that live here and visitors, a terrific atmosphere and clean and natural lifestyle in one of our state's most beautiful places. Our economy in Indian River is based primarily on tourism County road 510 is our gateway to The Barrier Island and some of the most beautiful beaches in our state I estimate we receive 70% of our revenue in three month. Also, I estimate the traffic count on US 1 and CR 510 at between 15,000 and 25,000 cars a day. I cannot understand the logic in putting an industrial related business on the busiest road in our county short of I- 95. Most counties and cities, create an industrial development area, where business requiring CH, can go and prosper without impacting a high traffic, residential area. With 25,000 vehicles passing the property in question daily, why would we allow a business that does not draw to the traffic, potentially poses a detrimental impact on the environment, does not comply with the Wabasso Corridor Plan, is opposed by the majority of the local residence and is being perused by entities that do not live in our community and have no interest in the well being of our community? Commercial Light zoning provides thousands of opportunities for business that will better comply with the Wabasso Corridor Plan and better integrate with the local economy. These types of business can appeal to the estimated 25,000 vehicles that pass the property every day Businesses that will hire local people, pay local sales tax, property and payroll taxes Business that will contribute to and support the local residence and visitors. This is not a defunct Detroit suburb or the abandon steel mills of Pittsburg and we do not want it to start looking like that. This is one beautiful part of Florida and let's keep it that way. Five of six Planning and Zoning board members saw the reason for not allowing the change. There are plenty of other and better uses.for this property. Please vote no on the appeal. Sincerely (signed electronically) Robert Greason Vice President Hobart Landing Home Owners Association QW9-E-1►A County Commission Joseph Fletcher ✓ 1801 27th Street Vero Beach, FI 32960-3388 Dear Commissioner Fletcher, Please read this letter into the record at the March 1st, 2016 county commission hearing regarding the re -zoning of the land owned by MPM Seven from CL to CH. Appeal RZON#2002090043-75772. I live in Hobart Landing and I do not want to see this property changed from CL to CH. We, the residents of Hobart Landing, the residents of Heritage Trace, and the residents of the Palm Paradise mobile park are very concerned with this request to change the above property to Commercial Heavy. We live in wonderful and unique area of Indian River County that has remained unchanged for many years. It surprises me that the commission would consider rehearing this appeal based on the fact that the area is part of the Wabasso Corridor, an area that was pledged to remain void of heavy industrial type businesses. At the planning and zoning hearing the members rejected this request by a vote of 5 to 1. 1 noticed that the new request was amended to change the RMH-6 zoned property to Commercial Limited rather than CH. Perhaps this was deemed necessary in an attempt to appease the county commission. As you can guess, this would not appease the residents of the Palm Paradise. What little buffer is offered to isolate the Palm Paradise mobile park from what could become an industrial type business I'm sure would be inadequate. The property directly north of Hobart Landing is now the Toni Robinson Waterfront Trail owned by the Indian River Land Trust (IRLT). It contains an abundant assortment of wildlife that would obviously be jeopardized by the presence of an industrial complex. The land south of 79th street( Hobart Landing, & Heritage Trace entrance) is also part of the IRLT conservation properties. I urge you to deny this request to re -zone this property and let it remain as it is so that the residents nearby can continue to enjoy the peaceful and serene environment that exists here now. Sincerely, ,/� J,6,ti '"W Glen Burr pres. Hobart Landing Homeowners Association 772-563-8503 hebegb52@hotmail.com cc: Wesley Davis, Tim Zorc, Bob Solari, Peter O'bryan RECEIVFT� FEB 2 4 2016 BOARD Of CO a4B'E��S COMIAMISSIO Misty Pursel From: KEVIN P GALVIN <keving04@hotmail.com> Sent: Tuesday, February 23, 2016 8:54 AM To: Wesley S. Davis Cc: ragreason@belIsouth.net Subject: Zoning change 2002090043-75772 Dear Wesley: As you may remember, we are residents of Hobart Landing and wish to respond to the upcoming March 1 st County Commissioner Meeting in which a hearing regarding the rezoning of the land by MPM Seven from CL to CH will be addressed (Item: Appeal RZON#2002090043-75772). We are against the rezoning of this parcel of land for many reasons: primarily, the impact that such a change will have on our neighborhoods and the environment. As you know, this land is situated very near the Indian River Lagoon and changing the zoning to Commercial Heavy Usage will affect us because of the industries that will be permitted under this change. The approved usages will adversely affect the environment and our neighborhoods. We are writing to all of the Commissioners (I know that Mr. Flescher is our representative, however, I feel that I know you from my school days) and asking that you to vote against this change and join us in protecting our community. Thank you for your support. Respectfully submitted, Kevin and Celeste (Rinehart) Galvin 3586 Lucia Drive Vero Beach, FL 32967 Phone 589-9368 aN 8,F -►r, i Wesley S. Davis From: Robert Greason <ragreason@bel lsouth.net> Sent: Tuesday, February 23, 2016 9:23 AM To: Wesley S. Davis Subject: Rezoning US 1 Property Wabasso Corridor Attachments: Wesley Davis Commissioner.pdf Good Morning Mr. Davis Please find the attached letter regarding the proposed zoning change for the property on US 1 in the Wabasso Corridor. Look forward to seeing you at the hearing. Regards, Bob Greason Vice President Hobart Landing Home Owner Association aq%-E-1-1 i Robert Greason 422679th Street Vero Beach, Florida 32967 Mr Davis February 22, 2016 Please read this letter into the meeting on March 1 st of the county commissioners regarding the rezoning of property on US 1 Wabasso I have been a resident of Hobart Landing for 13 years and am duly concerned about the changing of zoning for the property under contract by MPM 7, from commercial light to commercial heavy. I have researched the Municodes and The Wabasso Corridor Plan and find a significant confliction between the two. I do not have to tell you of the types of business allowed under commercial heavy, but they are in direct conflict with the Purpose and Vision of the Wabasso Corridor Plan. Wabasso is a wonderful blend of the Vero Beach and Sebastian and afford those of us that live here and visitors, a terrific atmosphere and clean and natural lifestyle in one of our state's most beautiful places Our economy in Indian River is based primarily on tourism. County road 510 is our gateway to The Barrier Island and some of the most beautiful beaches in our state. I estimate we receive 70% of our revenue in three month. Also, I estimate the traffic count on US 1 and CR 510 at between 15,000 and 25,000 cars a day I cannot understand the logic in putting an industrial related business on the busiest road in our county short of I- 95 Most counties and cities, create an industrial development area, where business requiring CH, can go and prosper without impacting a high traffic, residential area. With 25,000 vehicles passing the property in question daily, why would we allow a business that does not draw to the traffic, potentially poses a detrimental impact on the environment, does not comply with the Wabasso Corridor Plan, is opposed by the majority of the local residence and is being perused by entities that do not live in our community and have no interest in the well being of our community? Commercial Light zoning provides thousands of opportunities for business that will better comply with the Wabasso Corridor Plan and better integrate with the local economy These types of business can appeal to the estimated 25,000 vehicles that pass the property every day. Businesses that will hire local people, pay local sales tax, property and payroll taxes. Business that will contribute to and support the local residence and visitors. This is not a defunct Detroit suburb or the abandon steel mills of Pittsburg and we do not want it to start looking like that. This is one beautiful part of Florida and let's keep it that way. Five of six Planning and Zoning board members saw the reason for not allowing the change. There are plenty of other and better uses for this property. Please vote no on the appeal. Sincerely (signed electronically) Robert Greason Hobart Landing Home Owners Association Vise President a4�-r:-►g Misty Pursel From: Caitlin Rissman <youloveyourlawyer@gmail.com> Sent: Tuesday, February 23, 2016 9.45 AM To: Joseph E. Flescher; Wesley S. Davis; Tim Zorc; Peter D. O'Bryan; Bob Solari Cc: Glen Burr; Bob Greason; Caitlin Rissman, Patrick Hoy Subject: Hobart Landing zoning change opposition February 23, 2016 Sent via email and US Mail to: Vice Chairman Joseph Flescher 180127 Ih Street Vero Beach, FL 32960 - 3388 iflescher@ircgov.com With a copy to: Vice Chairman Joseph Flescher 279 Joy Haven Drive Sebastian, FL 32958 Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and I strongly oppose changing the zoning on the property at issue from CL to CH. Surprisingly, although we were aware of the recent decision issued by the zoning board denying this zoning 1 �►18-E-i9 change request, no one in my neighborhood was notified of the current hearing to overturn that denial by any of the parties directly involved. Please understand that there are many residents that live in and around this area and applying a CH zoning classification to a property without regard to its residential area surroundings would be unfair and unjust. The property at issue is currently and should remain zoned for light commercial use - uses that are intended to accommodate the convenience, retail, and service needs of the area residents, while minimizing the impact of such activities on the residential areas. CH, on the other hand, is not designed or intended to support the area residents, or minimize impact of its activities on our residential areas. Instead, it accommodates and supports development of commercial and industrial uses allowed within non-residential zoning districts. We do not live in a non-residential zoning district. Changing the zoning to CH is not compatible with the surrounding residential areas and would be detrimental to my family and me as area residents. I understand that in reviewing the zoning change request, the board will consider the zoning differences between CL and CH and will look to the land development regulations to determine what that difference will mean in terms of most intense use of the property. You might discuss square footage, acreage, and the impact on traffic, among other things. You might reflect on how CH and CL are very different and how CH is actually not intended for uses permitted within a CL designation - and you would be right - but discussing the proposed zoning change in this way falls short of considering the actual impact that it will have on me and the other residents of Hobart Landing as well as those that live in the surrounding residential areas. Changing the property from CL to CH will directly affect our community in a very negative way. We do not live in or near an area engaged in major repair services or loud manufacturing activities like welding and steel fabrication plants. We do not live in or near an area that engages in activities that pollute and damage the environment like fuel depots, heavy industrial complexes, or dry cleaning plants. The residents in this area live near protected land like the Toni Robinson Waterfront Trail - home to beehives that produce delicious orange blossom honey, multiple families of otters, the occasional bobcat, wild hogs, alligators, and land crabs. Many residents and visitors alike use the trails daily to run, walk, and explore nature with their friends and family. We live near a community park with recreational courts, nature walks, and family picnic areas. We live near the Indian River Lagoon and share our backyards with manatees, dolphins, fish, and birds that we see daily while paddle boarding, swimming, and boating in the lagoon. Change the zoning from CL to CH and you will replace the sound of birds singing in the morning with screeching metal and banging all day long. You will replace the star -filled night sky with light pollution from 20 -feet high parking lot lights. You will replace the smell of fragrant flowers that bloom throughout our neighborhood and the bees that pollinate them with caustic chemical exhaust and dust. You will replace visitors that come to this area to explore nature on our many protected trails with 18 -wheeler and heavy machinery traffic that will occur seven days per week, 24 hours per day. Runoff from manufacturing or fuel depots will make its way into our lagoon and cause irreparable damage our already injured and delicate ecosystem - threatening the fish, birds, manatees, and dolphins that call it home. 2 a48-E-dD If you change our residential area into an area that allows heavy commercial and industrial land use you will change the peaceful atmosphere of our neighborhood forever with no benefit to those that call this area home. How could anyone think that this would support our community? How could it be a desirable future for my family and for the residents of this area? Careful and effective urban planning should not force out area residents by damaging their quality of life and lowering their property values in order to make way for heavy commercial land use. If we cannot rely on zoning regulations to protect the land and its use around us, then why bother writing them in anything other than pencil so that they may be easily erased at the request of the highest bidder. Why bother writing them down at all? We supported you by casting our vote in your favor so that you could continue to serve as our County Commissioner in District 2 and we need your support now. CH does not belong near a residential community and I do not want it near my home. If we, as residents of Indian River County, truly are the "only real special interest group" you represent, then I urge you to do the "right thing for everyone that resides here" and vote against the requested zoning change, in fact, I urge everyone on the board to vote against the requested zoning change. Sincerely, Caitlin Rissman, Esq. Cc: Wesley S. Davis, Commissioner, District 1 wdavis@ircgov.com Tim Zorc, Commissioner, District 3 tzorc@ircgov.com Peter D. O'Bryan, Commissioner, District 4 pobryan@ircgov.com Bob Solari, Chairman, District 5 bsolari@ircgov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA Dr. Patrick Hoy au t - E -ai Misty Pursel From: Patrick Hoy <dr patrickhoy@gmail.com> Sent: Wednesday, February 24, 2016 9.00 AM To: Joseph E. Flescher; Wesley S Davis; Tim Zorc; Peter D. O'Bryan, Bob Solari Cc: Robert Greason; Glen Burr; Patrick Hoy Subject: Hobart Landing CL to CH Zoning Opposition Letter Sent via E-mail and US Mail to: Vice Chairman Joseph Flescher 1801 27`h Street Vero Beach, FL 32960 - 3388 iflescher@ircgov.com With a copy to: Vice Chairman Joseph Flescher 279 Joy Haven Drive Sebastian, FL 32958 February 24, 2016 K4— I -e ot / ,34'. cli'' r SA2dCh! Re: Hobart Landing zoning change opposition 0GZ !� tri C a /' f L /,,**y Dear Commissioner Flescher, 1, L les Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and strongly oppose changing the zoning on the property at issue from CL to CH. There are numerous reasons why I believe this change should not be made, a few of which I will share in this letter. 1 ay'8-E-a1 CH zoning is non -conforming to the existing land use pattern and established area. According to the memorandum dated February 15, 2016 (the "memorandum"), the proponents of the zoning change attempted to show conformity of their proposal with the Existing Land Use Pattern by stating that the mobile home park is out of place, pointing to one small area of CH and a small Light Industry zoning area nearby. However, looking at the map it is clear that the vast majority of the land is zoned as CL and Residential. In fact, there are twelve (12) residential areas, six (6) commercial light areas, and three (3) planned development areas! The nonconforming areas are not the residential or CL - the nonconforming areas are the small CH area and the Light Industry area. Take a walk through our neighborhood and see what is here already- mobile homes, single- family homes, a post office, a sandwich shop, a church, a golf course- these are ALL Residential and CL areas. Allowing the zoning change to CH would only make less conformity and does not belong in this area. During your campaign you stated "I have vigorously defended the rights of mobile home owners, the communities and will continue to do so in the future." I hope that is still true today and that you reject the zoning request. The property at issue is so close to the Indian River Lagoon that if CH use were permitted, irreparable environmental damage will occur. The memorandum also states that the property is not environmentally important or environmentally sensitive. The proponents must believe this because they are from Ft. Lauderdale and do not how important and fragile our lagoon is to the wildlife here in Indian River County and to our community at large. The Indian River Lagoon lies less than one-half ('/2) mile to the east of the property at issue. The Lagoon and the areas around it are some of our most environmentally important and sensitive areas in the State of Florida. The lagoon has an estimated economic value of over $3 billion dollars and supports 19,000 jobs. It is over one hundred fifty (150) miles long and encompasses almost forty percent (40%) of Florida's east coast. It provides a home to over three hundred seventy (370) species of birds and six hundred eighty five (685) species of fish - the Indian River Lagoon is one of the most diverse ecosystems in North America. The `vacant land' the proponents mention in their memorandum as environmentally unimportant is actually approximately one hundred (100) acres of conservation land and nature preserve owned by the Indian River Land Trust. Fifty (50) of those acres are part of the Toni Robinson Waterfront Trail - a nature trail open to the public. This protected area is directly across the street from the property at issue. Allowing CH zoning will not only discourage the trail's visitors (which now by the way consists of families, Audubon members, and nature enthusiasts) but it will also lead to more light pollution, sound pollution, and pollution runoff directly into the protected area, directly into my back yard, and directly into the lagoon. If anything even comes close to threatening this unique, valuable and fragile area we call home, we should all stand up and fight strongly against that threat. I know the Board has supported and protected the health of the Indian River Lagoon in the past, and I hope you continue to do so now by rejecting the zoning request. CH zoning is not in the best interest of the community. CH zoning allows wholesale trade, major repair services, light manufacturing, and `development of commercial and industrial uses permitted within other non residential zoning districts'. WE DO NOT LIVE IN A NON- RESIDENTIAL ZONING DISTRICT. CH would allow general industrial buildings of up to 247,800 square feet - that is the size of a Super Wa1Mart, Target SuperCenter, or a building area larger than four (4) football fields. This is not what I want in my backyard, and it does not belong here. The proponents of the zoning change admit in their own memorandum that CH is for non-residential areas, but yet they want to zone it across the 2 a,48 -E -a3 street from my residential neighborhood and directly next to my neighbors in the mobile home park. CL zoning is to accommodate convenience, retail and service needs of area residents, while minimizingthe he impact of such activities on any nearby residential areas. Which is exactly why the property at issue should remain CL and not CH and why you should reject this zoning request. Thank you for taking the time to read my letter and considering my input on this matter. The only right thing to do here is to reject the zoning request. I hope you will do the right thing and support the residents, wildlife, and the community at large by rejecting the zoning request. Sincerely, Dr. Patrick Hoy Cc: Wesley S. Davis, Commissioner, District 1 wdavis@irc og v.cgm Tim Zorc, Commissioner, District 3 tzorc@ircgov.com Peter D. O'Bryan, Commissioner, District 4 pobryan@ircgov.com Bob Solari, Chairman, District 5 bsolari@ircgov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA aq a -t -a4 Robert Greason 422679th Street Vero Beach, Florida 32967 Mr. Zorc February 22, 2016 Please read this letter into the meeting on March 1 st of the county commissioners regarding the rezoning of property on US 1 Wabasso. I have been a resident of Hobart Landing for 13 years and am duly concerned about the changing of zoning for the property under contract by MPM 7, from commercial light to commercial heavy. I have researched the Municodes and The Wabasso Corridor Plan and find a significant confliction between the two. I do not have to tell you of the types of business allowed under commercial heavy, but they are in direct conflict with the Purpose and Vision of the Wabasso Corridor Plan. Wabasso is a wonderful blend of the Vero Beach and Sebastian and afford those of us that live here and visitors, a terrific atmosphere and clean and natural lifestyle in one of our state's most beautiful places. Our economy in Indian River is based primarily on tourism. County road 510 is our gateway to The Barrier Island and some of the most beautiful beaches in our state. I estimate we receive 70% of our revenue in three month. Also, I estimate the traffic count on US 1 and CR 510 at between 15,000 and 25,000 cars a day. I cannot understand the logic in putting an industrial related business on the busiest road in our county short of I- 95. Most counties and cities, create an industrial development area, where business requiring CH, can go and prosper without impacting a high traffic, residential area. With 25,000 vehicles passing the property in question daily, why would we allow a business that does not draw to the traffic, potentially poses a detrimental impact on the environment, does not comply with the Wabasso Corridor Plan, is opposed by the majority of the local residence and is being perused by entities that do not live in our community and have no interest in the well being of our community? Commercial Light zoning provides thousands of opportunities for business that will better comply with the Wabasso Corridor Plan and better integrate with the local economy. These types of business can appeal to the estimated 25,000 vehicles that pass the property every day. Businesses that will hire local people, pay local sales tax, property and payroll taxes. Business that will contribute to and support the local residence and visitors. This is not a defunct Detroit suburb or the abandon steel mills of Pittsburg and we do not want it to start looking like that. This is one beautiful part of Florida and let's keep it that way. Five of six Planning and Zoning board members saw the reason for not allowing the change. There are plenty of other and better uses for this property. Please vote no on the appeal. Sincerely (signed electronically) Robert Greason Hobart Landing Home Owners Association Vise President a48-E-aS Robert Greason 4226 79" Street Vero Beach, Florida 32967 Mr. Baird February 22, 2016 Please read this letter into the meeting on March 1 st of the county commissioners regarding the rezoning of property on US 1 Wabasso. I have been a resident of Hobart Landing for 13 years and am duly concerned about the changing of zoning for the property under contract by MPM 7, from commercial light to commercial heavy. I have researched the Municodes and The Wabasso Corridor Plan and find a significant confliction between the two. I do not have to tell you of the types of business allowed under commercial heavy, but they are in direct conflict with the Purpose and Vision of the Wabasso Corridor Plan. Wabasso is a wonderful blend of the Vero Beach and Sebastian and afford those of us that live here and visitors, a terrific atmosphere and clean and natural lifestyle in one of our state's most beautiful places. Our economy in Indian River is based primarily on tourism. County road 510 is our gateway to The Barrier Island and some of the most beautiful beaches in our state. I estimate we receive 70% of our revenue in three month. Also, I estimate the traffic count on US 1 and CR 510 at between 15,000 and 25,000 cars a day. I cannot understand the logic in putting an industrial related business on the busiest road in our county short of I- 95. Most counties and cities, create an industrial development area, where business requiring CH, can go and prosper without impacting a high traffic, residential area. With 25,000 vehicles passing the property in question daily, why would we allow a business that does not draw to the traffic,, potentially poses a detrimental impact on the environment, does not comply with the Wabasso Corridor Plan, is opposed by the majority of the local residence and is being perused by entities that do not live in our community and have no interest in the well being of our community? Commercial Light zoning provides thousands of opportunities for business that will better comply with the Wabasso Corridor Plan and better integrate with the local economy. These types of business can appeal to the estimated 25,000 vehicles that pass the property every day. Businesses that will hire local people, pay local sales tax, property and payroll taxes. Business that will contribute to and support the local residence and visitors. This is not a defunct Detroit suburb or the abandon steel mills of Pittsburg and we do not want it to start looking like that. This is one beautiful part of Florida and let's keep it that way. Five of six Planning and Zoning board members saw the reason for not allowing the change. There are plenty of other and better uses for this property. Please vote no on the appeal. Sincerely (signed electronically) Robert Greason Vice President Hobart Landing Home Owners Association aN 9 -6-aI6 Tina Cournoyer From: Peter D. O'Bryan Sent: Monday, February 29, 2016 3:11 PM To: Tina Cournoyer Subject: FW: Proposed zoning change From: Bill Rorke [mailto:brorke@ymail.com] Sent: Monday, February 22, 2016 10:06 AM To: Wesley S. Davis <wdavis@ircgov.com>; Joseph E. Flescher <jflescher@ircgov.com>; Tim Zorc <tzorc@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Bob Solari <bsolari@ircgov.com> Subject: Proposed zoning change Commissioners, My name is Bill Rorke. My wife Nicole & I live at 4240 79th St. in Vero Beach. We just found out about this proposed zoning change on the property across from our street on Rt.1. From what we understand, the owners are requesting a change from "light" to "Heavy" commercial. I'm sure you can understand that we are greatly opposed to this change. We moved into the area two years ago for the peace, quiet and integrity. We always heard that the county officials wanted to protect this when presented with requested changes. And we strongly hope you do so here. There are a lot of homeowners in our area that do not want a factory (or who knows what else) in front of our street. We are all realistic and know the area will grow. But heavy commercial is not the way to go for that location and will only bring down the area. We are proud to live here and everyone knows it as a nice, quaint are with the "Old Florida feel". We really hope you decide to protect that and do the right thing here. There are several other options for that property rather than heavy commercial. It will just have a negative impact on the entire area not to mention all of our property values and quality of life. We both work full time and will not be able to attend the upcoming hearing. But please feel free to read our letter. Thank you in advance, William & Nicole Rorke 4240 79th St. Vero Beach 908-455-0623 ay %-G-a� Tina Cournoyer From: Peter D. O'Bryan Sent: Monday, February 29, 2016 3:11 PM To: Tina Cournoyer Subject: FW: Zoning Change From: KEVIN P GALVIN [mailto:keving04@hotmail.com] Sent: Tuesday, February 23, 2016 9:27 AM To: Peter D. O'Bryan <pobryan@ircgov.com> Cc: ragreason@bellsouth.net; Glen Burr <hebegb52@hotmail.com> Subject: Zoning Change Dear Commissioner O'Bryan We are residents of Hobart Landing and seek your support in denying a change in the rezoning of the land by MPM Seven from CL to CH will be addressed (Item: Appeal RZON#2002090043-75772). This property is located directly across from our neighborhood and adjacent to Palm Paradise Mobile Home. We are aware of your continued support of the environment and the quality of life that we enjoy in Indian River County and are appealing to you to help us address this change. We are against the rezoning of this parcel of land for many reasons: primarily, the impact that such a change will have on our neighborhoods and the environment. As you know, this land is situated very near the Indian River Lagoon and changing the zoning to Commercial Heavy Usage will affect us because of the industries that will be permitted under this change. The approved usages will adversely affect the environment and our neighborhoods. We know that Mr. Flescher is our representative, however, we are asking that you vote against this change and join us in protecting our community. Thank you for your support. Respectfully submitted, Kevin and Celeste (Rinehart) Galvin 3586 Lucia Drive Vero Beach, FL 32967 Phone 589-9368 Tina Cournoyer From: Peter D. O'Bryan Sent: Monday, February 29, 2016 3:12 PM To: Tina Cournoyer Subject: FW: Hobart Landing zoning change opposition From: Caitlin Rissman [mailto:youloveyourlawyer@gmail.com] Sent: Tuesday, February 23, 2016 9:45 AM To: Joseph E. Flescher <jflescher@ircgov.com>; Wesley S. Davis <wdavis@ircgov.com>; Tim Zorc <tzorc@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Bob Solari <bsolari@ircgov.com> Cc: Glen Burr <hebegb52@hotmail.com>; Bob Greason <ragreason@bellsouth.net>; Caitlin Rissman <youloveyourlawyer@gmail.com>; Patrick Hoy <dr.patrickhoy@gmail.com> Subject: Hobart Landing zoning change opposition February 23, 2016 Sent via email and US Mail'to: Vice Chairman Joseph Flescher 1801 271h Street Vero Beach, FL 32960 - 3388 jflescher a`gov.com With a copy to: Vice Chairman Joseph Flescher 279 Joy Haven Drive Sebastian, FL 32958 Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, ay$•E--49 Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and I strongly oppose changing the zoning on the property at issue from CL to CH. Surprisingly, although we were aware of the recent decision issued by the zoning board denying this zoning change request, no one in my neighborhood was notified of the current hearing to overturn that denial by any of the parties directly involved. Please understand that there are many residents that live in and around this area and applying a CH zoning classification to a property without regard to its residential area surroundings would be unfair and unjust. The property at issue is currently and should remain zoned for light commercial use - uses that are intended to accommodate the convenience, retail, and service needs of the area residents, while minimizing the impact of such activities on the residential areas. CH, on the other hand, is not designed or intended to support the area residents, or minimize impact of its activities on our residential areas. Instead, it accommodates and supports development of commercial and industrial uses allowed within non-residential zoning districts. We do not live in a non-residential zoning district. Changing the zoning to CH is not compatible with the surrounding residential areas and would be detrimental to my family and me as area residents. I understand that in reviewing the zoning change request, the board will consider the zoning differences between CL and CH and will look to the land development regulations to determine what that difference will mean in terms of most intense use of the property. You might discuss square footage, acreage, and the impact on traffic, among other things. You might reflect on how, CH and CL are very different and how CH is actually not intended for uses permitted within a CL designation - and you would be right - but discussing the proposed zoning change in this way falls short of considering the actual impact that it will have on me and the other residents of Hobart Landing as well as those that live in the surrounding residential areas. Changing the property from CL to CH will directly affect our community in a very negative way. We do not live in or near an area engaged in major repair services or loud manufacturing activities like welding and steel fabrication plants. We do not live in or near an area that engages in activities that pollute and damage the environment like fuel depots, heavy industrial complexes, or dry cleaning plants. The residents in this area live near protected land like the Toni Robinson Waterfront Trail - home to beehives that produce delicious orange blossom honey, multiple families of otters, the occasional bobcat, wild hogs, alligators, and land crabs. Many residents and visitors alike use the trails daily to run, walk, and explore nature with their friends and family. We live near a community park with recreational courts, nature walks, and family picnic areas. We live near the Indian River Lagoon and share our backyards with manatees, dolphins, fish, and birds that we see daily while paddle boarding, swimming, and boating in the lagoon. a q 8 - e 3� Change the zoning from CL to CH and you will replace the sound of birds singing in the morning with screeching metal and banging all day long. You will replace the star -filled night sky with light pollution from 20 -feet high parking lot lights. You will replace the smell of fragrant flowers that bloom throughout our neighborhood and the bees that pollinate them with caustic chemical exhaust and dust. You will replace visitors that come to this area to explore nature on our many protected trails with 18 -wheeler and heavy machinery traffic that will occur seven days per week, 24 hours per day. Runoff from manufacturing or fuel depots will make its way into our lagoon and cause irreparable damage our already injured and delicate ecosystem - threatening the fish, birds, manatees, and dolphins that call it home. If you change our residential area into an area that allows heavy commercial and industrial land use you will change the peaceful atmosphere of our neighborhood forever with no benefit to those that call this area home. How could anyone think that this would support our community? How could it be a desirable future for my family and for the residents of this area? Careful and effective urban planning should not force out area residents by damaging their quality of life and lowering their property values in order to make way for heavy commercial land use. If we cannot rely on zoning regulations to protect the land and its use around us, then why bother writing them in anything other than pencil so that they may be easily erased at the request of the highest bidder. Why bother writing them down at all? We supported you by casting our vote in your favor so that you could continue to serve as our County Commissioner in District 2 and we need your support now. CH does not belong near a residential community and I do not want it near my home. If we, as residents of Indian River County, truly are the "only real special interest group" you represent, then I urge you to do the "right thing for everyone that resides here" and vote against the requested zoning change, in fact, I urge everyone on the board to vote against the requested zoning change. Sincerely, Caitlin Rissman, Esq. Cc: Wesley S. Davis, Commissioner, District 1 wdavisoircgov.com Tim Zorc, Commissioner, District 3 tzorc(i ,ircgov.com Peter D. O'Bryan, Commissioner, District 4 pobryanOircgov.com Bob Solari, Chairman, District 5 bsolari(a)ircgov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA a48 -f-31 Tina Cournoyer From: Peter D. O'Bryan Sent: Monday, February 29, 2016 3:12 PM To: Tina Cournoyer Subject: FW: Hobart Landing CL to CH Zoning Opposition Letter From: Patrick Hoy [mailto:dr.patrickhoy@gmail.com] Sent: Wednesday, February 24, 2016 9:00 AM To: Joseph E. Flescher <jflescher@ircgov.com>; Wesley S. Davis <wdavis@ircgov.com>; Tim Zorc <tzorc@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Bob Solari <bsolari@ircgov.com> Cc: Robert Greason <ragreason@bellsouth.net>; Glen Burr <hebegb52@hotmail.com>; Patrick Hoy <dr.patrickhoy@gmail.com> Subject: Hobart Landing CL to CH Zoning Opposition Letter February 24, 2016 Sent via E-mail and US Mail to: Vice Chairman Joseph Flescher 1801 27h Street Vero Beach, FL 32960 - 3388 iflescherP,irc og v.com With a copy to: Vice Chairman Joseph Flescher 279 Joy Haven Drive Sebastian, FL 32958 Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, Q4 8-E-33 Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and strongly oppose changing the zoning on the property at issue from CL to CH. There are numerous reasons why I believe this change should not be made, a few of which I will share in this letter. CH zoning is non -conforming to the existing land use pattern and established area. According to the memorandum dated February 15, 2016 (the "memorandum"), the proponents of the zoning change attempted to show conformity of their proposal with the Existing Land Use Pattern by stating that the mobile home park is out of place, pointing to one small area of CH and a small Light Industry zoning area nearby. However, looking at the map it is clear that the vast majority of the land is zoned as CL and Residential. In fact, there are twelve (12) residential areas, six (6) commercial light areas, and three (3) planned development areas! The nonconforming areas are not the residential or CL - the nonconforming areas are the small CH area and the Light Industry area. Take a walk through our neighborhood and see what is here already- mobile homes, single- family homes, a post office, a sandwich shop, a church, a golf course- these are ALL Residential and CL areas. Allowing the zoning change to CH would only make less conformity and does not belong in this area. During your campaign you stated "I have vigorously defended the rights of mobile home owners, the communities and will continue to do so in the future." I hope that is still true today and that you reject the zoning request. The property at issue is so close to the Indian River Lagoon that if CH use were permitted, irreparable environmental damage will occur. The memorandum also states that the property is not environmentally important or environmentally sensitive. The proponents must believe this because they are from Ft. Lauderdale and do not how important and fragile our lagoon is to the wildlife here in Indian River County and to our community at large. The Indian River Lagoon lies less than one-half (%2) mile to the east of the property at issue. The Lagoon and the areas around it are some of our most environmentally important and sensitive areas in the State of Florida. The lagoon has an estimated economic value of over $3 billion dollars and supports 19,000 jobs. It is over one hundred fifty (150) miles long and encompasses almost forty percent (40%) of Florida's east coast. It provides a home to over three hundred seventy (370) species of birds and six hundred eighty five (685) species of fish - the Indian River Lagoon is one of the most diverse ecosystems in North America. The `vacant land' the proponents mention in their memorandum as environmentally unimportant is actually approximately one hundred (100) acres of conservation land and nature preserve owned by the Indian River Land Trust. Fifty (50) of those acres are part of the Toni Robinson Waterfront Trail - a nature trail open to the public. This protected area is directly across the street from the property at issue. Allowing CH zoning will not only discourage the trail's visitors (which now by the way consists of families, Audubon members, and nature enthusiasts) but it will also lead to more light pollution, sound pollution, and pollution runoff directly into the protected area, directly into my back yard, and directly into the lagoon. If anything even comes close to threatening this unique, valuable and fragile area we call home, we should all stand up and fight strongly against that threat. I know the Board has supported and protected the health of the Indian River Lagoon in the past, and I hope you continue to do so now by rejecting the zoning request. i a48 -E -3y CH zoning is not in the best interest of the community. CH zoning allows wholesale trade, major repair services, light manufacturing, and `development of commercial and industrial uses permitted within other non residential zoning districts'. WE DO NOT LIVE IN A NON- RESIDENTIAL ZONING DISTRICT. CH would allow general industrial buildings of up to 247,800 square feet - that is the size of a Super WalMart, Target SuperCenter, or a building area larger than four (4) football fields. This is not what I want in my backyard, and it does not belong here. The proponents of the zoning change admit in their own memorandum that CII is for non-residential areas, but yet they want to zone it across the street from my residential neighborhood and directly next to my neighbors in the mobile home park. CL zoning is to accommodate convenience, retail and service needs of area residents, while minimizingthe he impact of such activities on any nearby residential areas. Which is exactly why the property at issue should remain CL and not CH and why you should reject this zoning request. Thank you for taking the time to read my letter and considering my input on this matter. The only right thing to do here is to reject the zoning request. I hope you will do the right thing and support the residents, wildlife, and the community at large by rejecting the zoning request. Sincerely, Dr. Patrick Hoy Cc: Wesley S. Davis, Commissioner, District 1 wdavisRirc ov.com Tim Zorc, Commissioner, District 3 tzorc a,irc o Peter D. O'Bryan, Commissioner, District 4 pobryan@,ircgov.com Bob Solari, Chairman, District 5 bsolaria,ircgov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA a48 -e-3.5 Tina Cournoyer From: Peter D. O'Bryan Sent: Monday, February 29, 2016 3:13 PM To: Tina Cournoyer Subject: FW: Hobart Landing zoning opposition letter From: Amanda Hoy [mailto:alhoy@ymail.com] Sent: Wednesday, February 24, 2016 7:22 PM To: jflescher@irc.gov; Wesley S. Davis <wdavis@ircgov.com>; Tim Zorc <tzorc@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Bob Solari <bsolari@ircgov.com> Cc: ragreason@bellsouth.net; hebegb52@hotmail.com Subject: Hobart Landing zoning opposition letter February 24, 2016 Sent via E-mail to: Vice Chairman Joseph Flescher jflescher(g�i rogov.com Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and strongly oppose changing the zoning on the property at issue from CL to CH. On February 231 a concerned citizen forwarded me a proposal dated February 15, 2016 (the "proposal's to rezone the property at issue from CL to CH - a decision that was already DENIED by the zoning and planning committee. Even though I am in the middle of studying and taking the Florida Bar exam February 231 and 24th, I feel compelled to take time out to write to you, as well as the other members of the Board and urge you all to reject this rezoning request. Our neighborhood and the residential areas surrounding it are well-known in this community I read through the proposal - it does not even mention Hobart Landing, which is strange because we, in Hobart Landing, are DIRECTLY ACROSS THE STREET from the property at issue. There are over 100 people that reside here, many more that reside nearby, and every single one of us would be negatively impacted if CH zoning were permitted. We do not want the light pollution, the air pollution, the noise pollution, the water pollution, the nuisances, the decrease in quality of life, the decrease in the quiet enjoyment of our homes, and the decrease in our property values that rezoning the property from CL to CH would cause. Rezoning the property at issue from CL to CH would be at the detriment of the citizens that voted you into office and that call this area home. I understand that in the past you have supported our communities. Please continue to do so now and reject this zoning request. The Indian River Lagoon is also directly across the street from the property at issue - another fact that the proponents failed to mention in their proposal. The proponents actually make a cavalier assertion in their proposal that the area is not even environmentally important or environmentally sensitive! Anyone can take 2 seconds to look this up - The Indian River Lagoon is the MOST bio -diverse lagoon ecosystem in the Northern hemisphere and is home to more than 3,000 species of plants and animals. Of course the proposal does not mention how close the land is to the lagoon! In reality however, rezoning the property at issue from CL to CH would cause damage to the environment that would take decades to repair Please take this opportunity to protect the environment and reject the zoning request. All of the land around me, except for two small areas, is either zoned Residential or CL. It should be - this is a large residential area and CL zoning is designed to provide services to area residents, while minimizing the impact of such activities on those area residents. CH zoning, on the other hand, allows manufacturing activities and other activities permitted within non-residential zoning districts. I DO NOT LIVE IN A NON-RESIDENTIAL ZONING DISTRICT CH has no place near a residential area and I do not want it near my home. Please reject the zoning request. In conclusion, there are no adequate remedial measures that the proponents of this rezoning request could take that would mitigate the devastating impact that CH permitted activities would have on our residential communities and the irreparable damage it would cause to the delicate environment around us. Allowing the rezoning to pass would be a major blow to conservation efforts undertaken to protect the lagoon and the 3,000 different species of animals, fish, plants, and birds, that call it home. I urge you to protect the integrity of our community, protect the citizens that live here, protect the environment, and reject the proposal to change the property at issue from CL to CH. Thank you for your time. Sincerely, Amanda L. Hoy Cc: Wesley S. Davis, Commissioner, District 1 wdavis(cDircgov.com Tim Zorc, Commissioner, District 3 tzorc(a)ircgov.com Peter D. O'Bryan, Commissioner, District 4 pobryan(o)_ircgov.com Bob Solari, Chairman, District 5 bsolari(a)ircgov.com Glen Burr, President, Hobart Landing HOA a48 -E -3b Tina Cournoyer From: Peter D. O'Bryan Sent: Monday, February 29, 2016 3:13 PM To: Tina Cournoyer Subject: FW: Toni Robinson Waterfront Trail zoning change opposition From: Damien Hunter [mailto:damienhunterdmd@gmail.com] Sent: Wednesday, February 24, 2016 11:09 PM To: Wesley S. Davis <wdavis@ircgov.com>; Joseph E. Flescher <jflescher@ircgov.com>; Tim Zorc <tzorc@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Bob Solari <bsolari@ircgov.com> Subject: Toni Robinson Waterfront Trail zoning change opposition February 24, 2016 Sent via E-mail to: Wesley S. Davis, Commissioner, District 1 wdavis n,irc ov.com Joe Flescher, Vice Chairman, District 2 jflescher a,irc ov.com Tun Zorc, Commissioner, District 3 tzorc n,irceov.com Peter D. O'Bryan, Commissioner, District 4 pobryan(&ircgov.com Bob Solari, Chairman, District 5 bsolanPirc og v.com Re: Toni Robinson Waterfront Trail zoning change opposition Dear Commissioners, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I am a frequent visitor to the Tom Robinson Waterfront Trail, a wildlife gem that is preserved by the Indian River Land Trust and open to the public. This trail is directly across the street from the property at issue and I strongly oppose changing the zoning on the property at issue from CL to CH. On February 2311 was forwarded a proposal dated February 15, 2016 requesting to rezone the property at issue from CL to CH - a decision that I understand was already DENIED by the zoning and planning committee. I urge you and the Board uphold that denial and to reject this rezoning request. a4 % -E -38 I am a tourist in Indian River County. I come all the way from Gainesville, Florida to share the amazing Indian River Lagoon with my wife and our 5 children. I do not know if you have children, but traveling with them is neither cheap nor easy, but for the past 2 years we have driven 4.5 hours to attend the Toni Robinson Waterfront Trail Conservation Tour anyway because my children love learning about the bees that live in the area, love eating the honey, love seeing the wildlife -manatees, birds, and dolphins, love constructing oyster mats to help the Lagoon, and love listening to the great bluegrass bands at the event. I have met people that reside around the area. The passion they have for protecting the Lagoon is inspiring and I am happy it is something that my children get to experience. Activities permitted in CH zonmg areas would ruin everything my children and I love about this area and would be completely against all efforts that have been made to protect the Lagoon. Tourism would disappear completely - a sight that would be sad to see for a property that has so much to offer to tourists like me and my family. CH permitted activities simply have no place anywhere near the lagoon and definitely do not belong directly across the street. My wife, our children, and I are staunch supporters of protecting the environment we share with the plants and animals around us and I hope that you are too. Please protect our favorite vacation destination and reject the rezoning request. Sincerely, Dr. Damien Hunter Damien J. Hunter DMD (386) 688-1167 damienhunterdmd(a)gm ail. com 4421 NW 16th PI Gainesville Fl 32605 A4'9•E•3q County Commission Joseph Fletcher 180127th Street Vero Beach, FI 32960-3388 Dear Commissioner Fletcber, Please read this letter into the record at the March 1st, 2016 county commission hearing regarding the re -zoning of the land owned by MPM Seven from CL to CH. Appeal RZON#2002090043-75772. I live in Hobart Landing and I do not want to see this property changed from CL to CH. We, the residents of Hobart Landing, the residents of Heritage Trace, and the residents of the Palm Paradise mobile park are very concerned with this request to change the above property to Commercial Heavy. We live in wonderful and unique area of Indian River County that has remained unchanged for many years. It surprises me that the commission would consider rehearing this appeal based on the fact that the area is part of the Wabasso Corridor, an area that was pledged to remain void of heavy industrial type businesses. At the planning and zoning hearing the members rejected this request by a vote of 5 to 1. 1 noticed that the new request was amended to change the RMH-6 zoned property to Commercial Limited rather than CH. Perhaps this was deemed necessary in an attempt to appease the county commission. As you can guess, this would not appease the residents of the Palm Paradise. What little buffer is offered to isolate the Palm Paradise mobile park from what could become an industrial type business I'm sure would be inadequate. The property directly north of Hobart Landing is now the Toni Robinson Waterfront Trail owned by the Indian River Land Trust (IRLT). It contains an abundant assortment of wildlife that would obviously be jeopardized by the presence of an industrial complex. The land south of 79th street( Hobart Landing, & Heritage Trace entrance) is also part of the IRLT conservation properties. I urge you to deny this request to re -zone this property and let it remain as it is so that the residents nearby can continue to enjoy the peaceful and serene environment that exists here now. Sincerely, Glen Burr pres. Hobart Landing Homeowners Association 772-563-8503 hebegb52@hotmail.com RECEIVED cc: Wesley Davis, Tim Zorc, Bob Solari, Peter O'bryan FEB 2 4 2016 q«?A T� 15, ate$ • IF -40 County Commission Joseph Fletcher 180127th Street Vero Beach, FI 32960-3388 36AC. Dear Commissioner Fle`i`sJ;ier, This email contains information about a March 1 BCC quasi-judicial hearing. Please read this letter into the record at the March 1st, 2016 county commission hearing regarding the re -zoning of the land owned by MPM Seven from CL to CH. Appeal RZON#2002090043-75772. I live in Hobart Landing and I do not want to see this property changed from CL to CH. We, the residents of Hobart Landing, the residents of Heritage Trace, and the residents of the Palm Paradise mobile park are very concerned with this request to change the above property to Commercial Heavy. We live in wonderful and unique area of Indian River County that has remained unchanged for many years. It surprises me that the commission would consider rehearing this appeal based on the fact that the area is part of the Wabasso Corridor, an area that was pledged to remain void of heavy industrial type businesses. At the planning and zoning hearing the members rejected this request by a vote of 5 to 1. 1 noticed that the new request was amended to change the RMH-6 zoned property to Commercial Limited rather than CH. Perhaps this was deemed necessary in an attempt to appease the county commission. As you can guess, this would not appease the residents of the Palm Paradise. What little buffer is offered to isolate the Palm Paradise mobile park from what could become an industrial type business I'm sure would be inadequate. The property directly north of Hobart Landing is now the Toni Robinson Waterfront Trail owned by the Indian River Land Trust (IRLT). It contains an abundant assortment of wildlife that would obviously be jeopardized by the presence of an industrial complex. The land south of 79th street( Hobart Landing, & Heritage Trace entrance) is also part of the IRLT conservation properties. I urge you to deny this request to re -zone this property and let it remain as it is so that the residents nearby can continue to enjoy the peaceful and serene environment that exists here now. Sincerely, Glen Burr pres. Hobart Landing Homeowners Association 772-563-8503 hebegb52@hotmail.com cc: Wesley Davis, Tim Zorc, Bob Solari, Peter O'bryan FEB 2 4 2016 BOARD OF CQj t-) a48_E•yl Bob Solari Chairman District 5 Joseph E. Flescher Vice Chairman District 2 February 26, 2016 Felicity Rask 4205 791h Street Vero Beach, FL 32967 Dear Ms. Rask, 0 ORiD �' Wesley Davis District 1 Tim Zorc District 3 Peter D. O'Bryan District 4 The Board of County Commissioners is in receipt of your letter in reference to the Quasi -Judicial Public Hearing of MPM Seven, LP Request to rezone +/-12.39 acres from CL (Limited Commercial District) to CH (Heavy Commercial District) and a request to rezone =/- 2.79 acres from RMH-6 (Residential Mobile Home District up to 6 units/acre) to CL (Limited Commercial District). It is the policy of the members of the Board that the Board of County Commissioners DO NOT consider any communication regarding this case prior to the public hearing which is scheduled for Tuesday, March 1, 2016 starting at 9:00 a.m. The hearing is set in the Agenda under 10.A.1— Public Items, Public Hearings. Back-up for this item can be viewed on the Indian River County webpage at www.ircgov.com under BCC Agenda items. If you are unable to view this on our webpage, a copy can be emailed or faxed to you. It is the policy of the members of the Board that the Board members DO NOT discuss or view items received for Quasi -Judicial items with either side of the issue prior to the item being heard by the entire Board. In a Quasi -Judicial case, the Board of County Commissioners sits as "judge and jury' and evidence is presented and considered in the public hearing. Your letter will be available to the Board members and will be placed in a folder for consideration on Tuesday morning for the official record. We encourage you to appear before the Board of County Commissioners and present testimony in person. Please contact the County Attorney, Dylan Reingold, at 772-226-1424 or the Community Development Director, Stan Boling, at 772-226-1230 if you need any additional information Sincerely, , isa Hi Commissioner Assistant 772-226-1919 Ihill@ircgov.com 1801 27'' Street, Building A Vero Beach, FL 32960 (772) 226-1490 d48-E•y a Bob Solari Chairman District 5 Joseph E. Flescher Vice Chairman District 2 February 26, 2016 John Ericson 4205 791h Street Vero Beach, FL 32967 Dear Ms. Rask, `r ER c� 2-C f L 00)_t Wesley Davis District 1 Tim Zorc District 3 Peter D. O'Bryan District 4 The Board of County Commissioners is in receipt of your letter in reference to the Quasi -Judicial Public Hearing of MPM Seven, LP Request to rezone +/-12.39 acres from CL (Limited Commercial District) to CH (Heavy Commercial District) and a request to rezone =/- 2.79 acres from RMH-6 (Residential Mobile Home District up to 6 units/acre) to CL (Limited Commercial District). It is the policy of the members of the Board that the Board of County Commissioners DO NOT consider any communication regarding this case prior to the public hearing which is scheduled for Tuesday, March 1, 2016 starting at 9:00 a.m. The hearing is set in the Agenda under 10.A.1— Public Items, Public Hearings. Back-up for this item can be viewed on the Indian River County webpage at www.ircgov.com under BCC Agenda items. If you are unable to view this on our webpage, a copy can be emailed or faxed to you. It is the policy of the members of the Board that the Board members DO NOT discuss or view items received for Quasi -Judicial items with either side of the issue prior to the item being heard by the entire Board. In a Quasi -Judicial case, the Board of County Commissioners sits as `judge and jury" and evidence is presented and considered in the public hearing. Your letter will be available to the Board members and will be placed in a folder for consideration on Tuesday morning for the official record. We encourage you to appear before the Board of County Commissioners and present testimony in person. Please contact the County Attorney, Dylan Reingold, at 772-226-1424 or the Community Development Director, Stan Boling, at 772-226-1230 if you need any additional information ncerely_ Ihill@ircgov.com ant 1801 27h Street, Building A Vero Beach, FL 32960 (772) 226-1490 a4$-6- 41 Bob Solari Chairman District 5 Joseph E. Flescher Vice Chairman District 2 February 26, 2016 Lawrence and Maureen Labadie 3566 Marsha Lane Vero Beach, FL 32967 Dear Mr. and Ms. Labadie, `rERc 0 Wesley Davis District 1 Tim Zorc District 3 Peter D. O'Bryan District 4 The Board of County Commissioners is in receipt of your letter in reference to the Quasi -Judicial Public Hearing of MPM Seven, LP Request to rezone +/-12.39 acres from CL (Limited Commercial District) to CH (Heavy Commercial District) and a request to rezone =/- 2.79 acres from RMH-6 (Residential Mobile Home District up to 6 units/acre) to CL (Limited Commercial District). It is the policy of the members of the Board that the Board of County Commissioners DO NOT consider any communication regarding this case prior to the public hearing which is scheduled for Tuesday, March 1, 2016 starting at 9:00 a.m. The hearing is set in the Agenda under 10.A.1— Public Items, Public Hearings. Back-up for this item can be viewed on the Indian River County webpage at www.ircgov.com under BCC Agenda items. If you are unable to view this on our webpage, a copy can be emailed or faxed to you. It is the policy of the members of the Board that the Board members DO NOT discuss or view items received for Quasi -Judicial items with either side of the issue prior to the item being heard by the entire Board. In a Quasi -Judicial case, the Board of County Commissioners sits as "judge and jury" and evidence is presented and considered in the public hearing. Your letter will be available to the Board members and will be placed in a folder for consideration on Tuesday morning for the official record. We encourage you to appear before the Board of County Commissioners and present testimony in person. Please contact the County Attorney, Dylan Reingold, at 772-226-1424 or the Community Development Director, Stan Boling, at 772-226-1230 if you need any additional information Sincerely, sa i Commissioner Assistant 772-226-1919 Ihill@ircgov.com 1801 27h Street, Building A Vero Beach, FL 32960 (772) 226-1490 a4$.E-44 Bob Solari Chairman District 5 Joseph E. Flescher Vice Chairman District 2 February 26, 2016 Lawrence and Maureen Labadie 3566 Marsha Lane Vero Beach, FL 32967 Dear Mr. and Ms. Labadie, Wesley Davis District 1 Tim Zorc District 3 Peter D. O'Bryan District 4 The Board of County Commissioners is in receipt of your letter in reference to the Quasi -Judicial Public Hearing of MPM Seven, LP Request to rezone +/-12.39 acres from CL (Limited Commercial District) to CH (Heavy Commercial District) and a request to rezone =/- 2.79 acres from RMH-6 (Residential Mobile Home District up to 6 units/acre) to CL (Limited Commercial District). It is the policy of the members of the Board that the Board of County Commissioners DO NOT consider any communication regarding this case prior to the public hearing which is scheduled for Tuesday, March 1, 2016 starting at 9:00 a.m. The hearing is set in the Agenda under 10.A.1— Public Items, Public Hearings. Back-up for this item can be viewed on the Indian River County webpage at www.ircgov.com under BCC Agenda items. If you are unable to view this on our webpage, a copy can be emailed or faxed to you. It is the policy of the members of the Board that the Board members DO NOT discuss or view items received for Quasi -Judicial items with either side of the issue prior to the item being heard by the entire Board. In a Quasi -Judicial case, the Board of County Commissioners sits as "judge and jury" and evidence is presented and considered in the public hearing. Your letter will be available to the Board members and will be placed in a folder for consideration on Tuesday morning for the official record. We encourage you to appear before the Board of County Commissioners and present testimony in person. Please contact the County Attorney, Dylan Reingold, at 772-226-1424 or the Community Development Director, Stan Boling, at 772-226-1230 if you need any additional information Sincerely, sa i Commissioner Assistant 772-226-1919 Ihill@ircgov.com 1801 27h Street, Building A Vero Beach, FL 32960 (772) 226-1490 du8.t•46 LAWRENCE G. LABADIE MAUREEN A. LABADIE 3566 MARSHA LANE VERO BEACH, FL 32967 February 23, 2016 County Commissioner Tim Zorc 1801 27th Street Vero Beach, FL 32960-3388 Dear Commissioner Zorc, Please read this letter into the record at the March 1 st County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH. Appeal RZON#2002090043-75772. We have lived since 1989 in Hobart Landing and I do not want to see this property across U.S. One changed from CL to CH. This will do immeasurable harm to the natural environment surrounding Hobart Landing which is a wildlife haven for birds, bobcats, rabbits, and numerous other critters natural to Florida. The noise and air pollution of heavy industry is just not appropriate here. Please do not let "big business" allow money be the only driving force in your decision making. The County's land use plan allows for many areas out West and along certain industrial corridors for heavy commercial use. This change is simply not necessary, warranted or a! good plan for the community. We appreciate that the land will ultimately be sold and fully expect and welcome a light commercial partner to bring jobs to this sector of U.S. One, while respecting -the needs of its residential- neighbors. — — - — - Very,trt� ours, LWy Labadie Maureen LabadieRECEIVED 1 ormerly Central Window of Vero Beach, Inc. FEB 2 5 2016 BOARD OF COUNTY COMMISSION a4$ .E.q& Tim Zorc From: Amanda Hoy <alhoy@ymall.com> Sent: Wednesday, February 24, 2016 7:23 PM To: jflescher@irc.gov; Wesley S. Davis; Tim Zorc; Peter D. O'Bryan; Bob Solari Cc: ragreason@belIsouth.net; hebegb52@hotmail.com Subject: Hobart Landing zoning opposition letter February 24, 2016 Sent via E-mail to: Vice Chairman Joseph Flescher jflescherra'�. ircgov.wm Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and strongly oppose changing the zoning on the property at issue from CL to CH. On February 23rd a concerned citizen forwarded me a proposal dated February 15, 2016 (the "proposal's to rezone the property at issue from CL to CH - a decision that was already DENIED by the zoning and planning committee. Even though I am in the middle of studying and taking the Florida Bar exam February 23rd and 24'", I feel compelled to take time out to write to you, as. well as the other members of the Board and urge you all to reject this rezoning request. Our neighborhood and the residential areas surrounding it are well-known in this community I read through the proposal - it does not even mention Hobart Landing, which is strange because we, in Hobart Landing, are DIRECTLY ACROSS THE STREET from the property at issue. There are over 100 people that reside here, many more that reside nearby, and every single one of us would be negatively impacted if CH zoning were permitted. We do not want the light pollution, the air pollution, the noise pollution, the water pollution, the nuisances, the decrease in quality of life, the decrease in the quiet enjoyment of our homes, and the decrease in our property values that rezoning the property from CL to CH would cause. Rezoning the property at issue from CL to CH would be at the detriment of the citizens that voted you into office and that call this area home. I understand that in the past you have supported our communities. Please continue to do so now and reject this zoning request. The Indian River Lagoon is also directly across the street from the property at issue - another fact that the proponents failed to mention in their proposal. The proponents actually make a cavalier assertion in their proposal that the area is not even environmentally important or environmentally sensitive! Anyone can take 2 seconds to look this up - The Indian River Lagoon is the MOST bio -diverse lagoon ecosystem in the Northern hemisphere and is home to more than 3,000 species of plants and animals. Of course the proposal does not mention how close the land is to the lagoon! In reality however, rezoning the property at issue from CL to CH would cause damage to the environment that would take decades to repair Please take this opportunity to protect the environment and reject the zoning request. All of the land around me, except for two small areas, is either zoned Residential or CL. It should be - this is a large residential area and CL zoning is designed to provide services to area residents, while minimizing the impact of such activities on those area residents. CH zoning, on the other hand, allows manufacturing activities and other activities permitted within non-residential zoning districts. I DO NOT LIVE IN A NON-RESIDENTIAL ZONING DISTRICT CH has no place near a residential area and I do not want it near my home. Please reject the zoning request. In conclusion, there are no adequate remedial measures that the proponents of this rezoning request could take that would mitigate the devastating impact that CH permitted activities would have on our residential communities and the irreparable damage it would cause to the delicate environment around us. Allowing the rezoning to pass would be a major blow to conservation efforts undertaken to protect the lagoon and the 3,000 different species of animals, fish, plants, and birds, that call it home. I urge you to protect the integrity of our community, protect the citizens that live here, protect the environment, and reject the proposal to change the property at issue from CL to CH. Thank you for your time. Sincerely, Amanda L. Hoy Cc: Wesley S. Davis, Commissioner, District 1 wdavis(o)ircgov.com Tim Zorc, Commissioner, District 3 tzorc(a)ircgov.com Peter D. O'Bryan, Commissioner, District 4 pobryan(cDircgov.com Bob Solari, Chairman, District 5 bsolari(a)ircgov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA a4$ -E.14, Tim Zorc From: Patrick Hoy <dr.patrickhoy@gmail.com> Sent: Wednesday, February 24, 2016 9:00 AM To: Joseph E. Flescher; Wesley S. Davis; Tim Zorc; Peter D. O'Bryan; Bob Solari Cc: Robert Greason; Glen Burr, Patrick Hoy Subject: Hobart Landing CL to CH Zoning Opposition Letter February 24, 2016 Sent via E-mail and US Mail to: Vice Chairman Joseph Flescher 180127 Ih Street Vero Beach, FL 32960 - 3388 iflescher@ircgov.com With a copy to: Vice Chairman Joseph Flescher 279 Joy Haven Drive Sebastian, FL 32958 Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772. I live in Hobart Landing and strongly oppose changing the zoning on the property at issue from CL to CH. There are numerous reasons why I believe this change should not be made, a few of which I will share in this letter. A4% -6 -Wk CH zoning is non-conforminll to the existing land use pattern and established area. According to the memorandum dated February 15, 2016 (the "memorandum"), the proponents of the zoning change attempted to show conformity of their proposal with the Existing Land Use Pattern by stating that the mobile home park is out of place, pointing to one small area of CH and a small Light Industry zoning area nearby. However, looking at the map it is clear that the vast majority of the land is zoned as CL and Residential. In fact, there are twelve (12) residential areas, six (6) commercial light areas, and three (3) planned development areas! The nonconforming areas are not the residential or CL - the_ nonconforming areas are the small CH area and the Light Industry area. Take a walk through our neighborhood and see what is here already- mobile homes, single- family homes, a post office, a sandwich shop, a church, a golf course- these are ALL Residential and CL areas. Allowing the zoning change to CH would only make less conformity and does not belong in this area. During your campaign you stated "I have vigorously defended the rights of mobile home owners, the communities and will continue to do so in the future." I hope that is still true today and that you reject the zoning request. The property at issue is so close to the Indian River Lagoon that if CH use were permitted, irreparable environmental damaze will occur. The memorandum also states that the property is not environmentally important or environmentally sensitive. The proponents must believe this because they are from Ft. Lauderdale and do not how important and fragile our lagoon is to the wildlife here in Indian River County and to our community at large. The Indian River Lagoon lies less than one-half ('/2) mile to the east of the property at issue. The Lagoon and the areas around it are some of our most environmentally important and sensitive areas in the State of Florida. The lagoon has an estimated economic value of over $3 billion dollars and supports 19,000 jobs. It is over one hundred fifty (150) miles long and encompasses almost forty percent (40%) of Florida's east coast. It provides a home to over three hundred seventy (370) species of birds and six hundred eighty five (685) species of fish - the Indian River Lagoon is one of the most diverse ecosystems in North America. The `vacant land' the proponents mention in their memorandum as environmentally unimportant is actually approximately one hundred (100) acres of conservation land and nature preserve owned by the Indian River Land Trust. Fifty (50) of those acres are part of the Toni Robinson Waterfront Trail - a nature trail open to the public. This protected area is directly across the street from the property at issue. Allowing CH zoning will not only discourage the trail's visitors (which now by the way consists of families, Audubon members, and nature enthusiasts) but it will also lead to more light pollution, sound pollution, and pollution runoff directly into the protected area, directly into my back yard, and directly into the lagoon. If anything even comes close to threatening this unique, valuable and fragile area we call home, we should all stand up and fight strongly against that threat. I know the Board has supported and protected the health of the Indian River Lagoon in the past, and I hope you continue to do so now by rejecting the zoning request. CH zoning is not in the best interest of the community. CH zoning allows wholesale trade, major repair services, light manufacturing, and `development of commercial and industrial uses permitted within other non residential zoning districts'. WE DO NOT LIVE IN A NON- RESIDENTIAL ZONING DISTRICT. CH would allow general industrial buildings of up to 247,800 square feet - that is the size of a Super Wa1Mart, Target SuperCenter, or a building area larger than four (4) football fields. This is not what I want in my backyard, and it does not belong here. The proponents of the zoning change admit in their own memorandum that CH is for non-residential areas, but yet they want to zone it across the 2 a48- t-0 street from my residential neighborhood and directly next to my neighbors in the mobile home park. CL zoning is to accommodate convenience, retail and service needs of area residents, while minimizingthe he impact of such activities on any nearby residential areas. Which is exactly why the property at issue should remain CL and not CH and why you should reject this zoning request. Thank you for taking the time to read my letter and considering my input on this matter. The only right thing to do here is to reject the zoning request. I hope you will do the right thing and support the residents, wildlife, and the community at large by rejecting the zoning request. Sincerely, Dr. Patrick Hoy Cc: Wesley S. Davis, Commissioner, District I wdavis@irc ov.com Tim Zorc, Commissioner, District 3 tzoregirc og v.com Peter D. O'Bryan, Commissioner, District 4 pobryanQircgov.com Bob Solari, Chairman, District 5 bsolari@ircgov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA a4 B -IF -so Tim Zorc From: Caitlin Rissman <youloveyourlawyer@gmail.com> Sent: Tuesday, February 23, 2016 9:45 AM To: Joseph E. Flescher; Wesley S. Davis; Tim Zorc; Peter D. O'Bryan; Bob Solari Cc: Glen Burr; Bob Greason; Caitlin Rissman; Patrick Hoy Subject: Hobart Landing zoning change opposition February 23, 2016 Sent via email and US Mail to: Vice Chairman Joseph Flescher 180127 Ih Street Vero Beach, FL 32960 - 3388 iflescher@ircgov.com With a copy to: Vice Chairman Joseph Flescher 279 Joy Haven Drive Sebastian, FL 32958 Re: Hobart Landing zoning change opposition Dear Commissioner Flescher, Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to CH Appeal RZON92002090043-75772. I live in Hobart Landing and I strongly oppose changing the zoning on the property at issue from CL to CH. Surprisingly, although we were aware of the recent decision issued by the zoning board denying this zoning i StO- G -5- � change request, no one in my neighborhood was notified of the current hearing to overturn that denial by any of the parties directly involved. Please understand that there are many residents that live in and around this area and applying a CH zoning classification to a property without regard to its residential area surroundings would be unfair and unjust. The property at issue is currently and should remain zoned for light commercial use - uses that are intended to accommodate the convenience, retail, and service needs of the area residents, while minimizing the impact of such activities on the residential areas. CH, on the other hand, is not designed or intended to support the area residents, or minimize impact of its activities on our residential areas. Instead, it accommodates and supports development of commercial and industrial uses allowed within non-residential zoning districts. We do not live in a non-residential zoning district. Changing the zoning to CH is not compatible with the surrounding residential areas and would be detrimental to my family and me as area residents. I understand that in reviewing the zoning change request, the board will consider the zoning differences between CL and CH and will look to the land development regulations to determine what that difference will mean in terms of most intense use of the property. You might discuss square footage, acreage, and the impact on traffic, among other things. You might reflect on how CH and CL are very different and how CH is actually not intended for uses permitted within a CL designation - and you would be right - but discussing the proposed zoning change in this way falls short of considering the actual impact that it will have on me and the other residents of Hobart Landing as well as those that live in the surrounding residential areas. Changing the property from CL to CH will directly affect our community in a very negative way. We do not live in or near an area engaged in major repair services or loud manufacturing activities like welding and steel fabrication plants. We do not live in or near an area that engages in activities that pollute and damage the environment like fuel depots, heavy industrial complexes, or dry cleaning plants. The residents in this area live near protected land like the Toni Robinson Waterfront Trail - home to beehives that produce delicious orange blossom honey, multiple families of otters, the occasional bobcat, wild hogs, alligators, and land crabs. Many residents and visitors alike use the trails daily to run, walk, and explore nature with their friends and family. We live near a community park with recreational courts, nature walks, and family picnic areas. We live near the Indian River Lagoon and share our backyards with manatees, dolphins, fish, and birds that we see daily while paddle boarding, swimming, and boating in the lagoon. Change the zoning from CL to CH and you will replace the sound of birds singing in the morning with screeching metal and banging all day long. You will replace the star -filled night sky with light pollution from 20 -feet high parking lot lights. You will replace the smell of fragrant flowers that bloom throughout our neighborhood and the bees that pollinate them with caustic chemical exhaust and dust. You will replace visitors that come to this area to explore nature on our many protected trails with 18 -wheeler and heavy machinery traffic that will occur seven days per week, 24 hours per day. Runoff from manufacturing or fuel depots will make its way into our lagoon and cause irreparable damage our already injured and delicate ecosystem - threatening the fish, birds, manatees, and dolphins that call it home. 4 ayg.E•sa If you change our residential area into an area that allows heavy commercial and industrial land use you will change the peaceful atmosphere of our neighborhood forever with no benefit to those that call this area home. How could anyone think that this would support our community? How could it be a desirable future for my family and for the residents of this area? Careful and effective urban planning should not force out area residents by damaging their quality of life and lowering their property values in order to make way for heavy commercial land use. If we cannot rely on zoning regulations to protect the land and its use around us, then why bother writing them in anything other than pencil so that they may be easily erased at the request of the highest bidder. Why bother writing them down at all? We supported you by casting our vote in your favor so that you could continue to serve as our County Commissioner in District 2 and we need your support now. CH does not belong near a residential community and I do not want it near my home. If we, as residents of Indian River County, truly are the "only real special interest group" you represent, then I urge you to do the "right thing for everyone that resides here" and vote against the requested zoning change, in fact, I urge everyone on the board to vote against the requested zoning change. Sincerely, Caitlin Rissman, Esq. Cc: Wesley S. Davis, Commissioner, District 1 wdavis@ircgov.com Tim Zorc, Commissioner, District 3 tzorcgircgov.com Peter D. O'Bryan, Commissioner, District 4 pobryan@ircgov.com Bob Solari, Chairman, District 5 bsolaria,ircgov.com Glen Burr, President, Hobart Landing HOA Robert Greason, Vice President, Hobart Landing HOA Dr. Patrick Hoy -ALI I.F. 63 Tim Zorc From: Sent: To: Subject: Attachments: Good Morning Mr. Zorc Robert Greason <ragreason@bel lsouth.net> Tuesday, February 23, 2016 9:30 AM Tim Zorc Rezoning US 1 Wabasso Corridor Tim Zorc Commissioner.pdf Please find the attached letter regarding the proposed zoning change for the property on US 1 in the Wabasso Corridor. Look forward to seeing you at the hearing. Regards, Bob Greason Vice President Hobart Landing Home Owner Association aq%.r✓.s4 Tim Zorc From: Sent: To: Cc: Subject: Dear Commissioner Zorc KEVIN P GALVIN <keving04@hotmail.com> Tuesday, February 23, 2016 9:19 AM Tim Zorc ragreason@belIsouth.net; Glen Burr Zoning Change We are residents of Hobart Landing and seek your support in denying a change in the rezoning of the land by MPM Seven from CL to CH will be addressed (Item: Appeal RZON#2002090043-75772). This property is located directly across from our neighborhood and adjacent to Palm Paradise Mobile Home. We are aware of your continued support of the environment and the quality of life that we enjoy in Indian River County and are appealing to you to help us address this change. We are against the rezoning of this parcel of land for many reasons: primarily, the impact that such a change will have on our neighborhoods and the environment. As you know, this land is situated very near the Indian River Lagoon and changing the zoning to Commercial Heavy Usage will affect us because of the industries that will be permitted under this change. The approved usages will adversely affect the environment and our neighborhoods. I know that Mr. Flescher is our representative, however, we are asking that you vote against this change and join us in protecting our community. Thank you for your support. Respectfully submitted, Kevin and Celeste (Rinehart) Galvin 3586 Lucia Drive Vero Beach, FL 32967 Phone 589-9368 a 4 , 6 • 56' Uses Allowed in CH and Not in CL Type of Use PRO OCR MED CN CL CG CH' Agriculture Agricultural Production Kennels and animal boarding - - - - - A A Agricultural Services Landscape services - - - - - P P Commercial fishery - - - - - A P Commercial Construction General building contractors/special trade contractors/construction yards4 Services Personal Services Linen supply - - - - - P P Carpet and upholstery cleaning - - - - - P P Drycleaning plants - - - - - - P Crematoriums - - - - - P P Business Services Help supply services - - - - - P P Auto Repair, Services and Parking Autonaotiue rentals - - - - - P utomobile parking and storage - - - - - P P Body and paint shops - - - - - - P General automotive repair - - - - - P P Miscellaneous Repair Reupholsters and furniture - - - - - - P Welding - - - - - - P Motion Pictures Production and distribution services - - - - - P P Drive in theaters {unenclosed cornmertia aRnuse. ent) Amusement and Recreation Unenclosed commercial amusements except miniature golf courses and driving ranges Miniature golf courses - - - - - S A Driving ranges - - - - - A A Wholesale Trade Durable goods (not including demolition debris site, junkyards, recycling center) P Nondurable goods - - - - - - P o ter - d'ng vegetatio d . • is Retail Trade Building materials and garden supplies - - - - - A P e e is ay - - - - - A General Merchandise Q4g_c_1 1oft Uses Allowed in CH and Not in CL T,YpeLofUse ",PRO r ' _ -•-: - - ; --- - ,OCR 'MED , (CN' (GL - - -�1- Auction facilities unenclosed: - - - - _ _ A Auction facilities, enclosed - - - _ _ P P Automotive D.eaiers.and.Seruices .>. New and used ears dealers�:,:� - - - _ _ Used vehicle sales z� - --- P S P Fj q Boat sales and rentals' - - - _ _ = .' A P Recreational Motorlcvc a dealers `, ' A NMI Commerciarmarin"' w_s l r_ A r Marine repair and service - - q p Eating.and. Deinking,Establishments Drive through restaurants - - - - _ P p Botflex, lubs •-_--------_ ----------- - - - - - S -'A --1 Miscellaneous Retail Catalogue and mail order house - - - - - P P Fuel Dealers - - - - _ P P Food and Kindred Products - - - - - _ P cking _Fruit ah&vgptableipahouses - - - - - q ,q ' F"ruit an8'vegetable;juice extraction - - - - - - A_ l Industrial Printing and publishing - - - - - _ P Machine shops - - - - _ _ P Chemicals and Plastics Rubber and plastic footwear - - - - - _ P Hose, belts, gaskets packing - - - - - _ P Assembly production (not including manufacturing) - - - - - - P Transportation and com'munic'ation 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 Outdoor stogy g °_ '., • _ - - - - - - Vehicle storage lot (paved/unpaved )3 - - - - - - P Water transport services - - - - - - P Air transport services - - - - - - P Pipelines - - - - - - P Recyelngyce3nters - - - - - - A Freight transport arrangement - P - - - P P Public and pLivafe•ufilities; Heavy' - - - - - - �_ Ste• Residekial,Oks Accessory housing -(watchman) - - - - - - P NOTE: Red S ailed Uses Are Not Allowed inKthe;lNabasso;Corrido�r� ':_ s - aU8-F-1- 2of2 1p.A - I . 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 measuring _column inches, was published in the INDIAN RIVER WESS JOURNAL in the issue(s) of signature ( A) personally known to me ( )who has produced as identification Sworn to and subscribed before me this day of A.D. o"/6 i Notary Public CATHERINE POUCARE MY COMMISSION # FF 028015 VEXPIRES: September 25, 2017 Banded Thru Notary Public underwriters aqB- 6-1 BEFORE THE BOARD' OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY NOTICE OF REZONING - PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider the adoption of a county ordinance rezoning land within the unincorporated portions of Indian River County. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday March 1, 2016, at 9.00 a.m. in the County Commission Chambers of the County Administration Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed ordinance to rezone the subject property is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE -ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±12.39 ACRES LOCATED EAST OF OLD DIXIE HIGHWAY, NORTH OF 77TH STREET AND WEST OF US HIGHWAY 1, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND ±2.79 ACRES LOCATED APPROXIMATELY 1,450 FEET NORTH OF 77TH STREET, EAST OF OLD DIXIE HIGHWAY AND WEST OF US HIGHWAY 1, FROM RMH-6, RESIDENTIAL MOBILE HOME DISTRICT (UP TO 6 UNITS/ ACRE), TO CL, LIMITED COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. Y }��< 'CrC •1�i" VP\I x.m LP..! -2.%9 jbY t� �.5.�l�`Y 1��'�;� ;ti�.r .tcm.=mm R�111.6m L'1. _.Y.•y.. - ..,per,• •r '�� l-�. T Y"rvw. ' s' ` n•�a�"':"��" f--i''•.��erN s"rE-v•. �P•K;1.s=": ' � �.?� �IP4 ar.. Lr, y�.�i�� - ikXr, 'c, Y"; f� ;i � _. •.,_ � ;•� ,i •.'_ :;. \,t, ,.fib}.H•-r� �.�.�, •.—W -fit • �1�.�'�11..� �_ �•A � C*�z'°3� p 1. The rezoning rezoning application may be inspected by the public at the Community Development Department of the County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact Bill Schutt at (772) 226-1243. The Board of County Commissioners may adopt another zoning district, other than the district requested, provided that the adopted zoning district is consistent with the county's comprehensive plan Anyone who may wish to appeal'any decision that 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 is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By- -s- Bob Solari, Chairman aq? -U`QL Dylan Remgold, Counn• Attornet• \X/ Iham K. DeBraal, Deputy Counn• Attornex- Kate Pingolt Cotner, .-Assistant County Attornei Public Hearings - B C.C. 3 1.16 Of ce of 10 P �L INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 17, 2016 ATTORNEY SUBJECT: Ordinance Repealing Enterprise Zone Economic Development Ad Valorem Tax Exemption BACKGROUND Per Section 290.016, Florida Statutes, the Florida Enterprise Zone Act was repealed on December 31, 2015. On December 1, 2015, the Indian River County Board of County Commissioners (the "Board") approved an ordinance which sunsetted the Indian River County Enterprise Zone Development Agency which was established in Section 103.09, Indian River County Code of Ordinances. Additionally, the ordinance eliminated the reference to the Enterprise Zone in Section 207.02 (Definitions) of the Indian River County Code of Ordinances. On January 12, 2016, at the request of the County Attorney's Office, the Board authorized the County Attorney's Office to proceed with an ordinance that also eliminated those portions of the Economic Development Ad Valorem Tax Exemption in Chapter 1100 of the Indian River County Code of Ordinances which pertain to the Enterprise Zone. APPROVED FOR MARCH 1, 2016 B.C.C. MEETING — PUBLIC HEARINGS COUNTYATTORNEY 249 Indian River Co. OKoved Date Admin. Co. Atty. Budget 1 6 Dept. 2 / 6 Risk Mgr. --- --- 249 Born'd of County Commissioners February 17, 2016 Page Tiro ANALYSIS Section 196.1995, Florida Statutes authorizes local governments to grant property tax exemptions to new businesses and expansions of existing businesses. In Section 1100.04 of the Indian River County Code of Ordinances, the definition of a new business includes certain businesses located in an enterprise zone. The same is true for the definition of an expansion of an existing business. The language in this section closely tracks the language for those terms under Section 196.012, Florida Statutes. Section 196.012(18), Florida Statutes specifically states that "'[e]nterprise zone' means an area designated as an enterprise zone pursuant to s. 290.0065. This subsection expires on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act." Therefore, once the Florida Enterprise Zone Act expired then local governments were no longer permitted to authorize tax exemptions for a business in the enterprise zone, unless the business qualified as some other form of new business or expansion of an existing business under the statute. The proposed ordinance thus strikes the references to the Enterprise Zone in Section 1100.04. FUNDING The only cost associated with this item is the cost of the required legal notice in the amount of $128.70, which is funded from the County Attorney's Office budget within the General Fund (account number 00110214-033190). RECOMMENDATION The County Attorney recommends that the Board open the public hearing and take public comment and then vote to enact the ordinance. ATTACHMENT Proposed Ordinance F.irrommLrda�GE\'FRIL�B CC.Igendo.1/emos Enrerpnu 2orx T E—pa-0,drrmicrdr 250 ORDINANCE NO. 2016 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1100.04 (DEFINITIONS OF TERMS) OF CHAPTER 1100 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF THE CODE OF INDIAN RIVER COUNTY TO REMOVE REFERENCES TO THE ENTERPRISE ZONE; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, per Section 290.016, Florida Statutes, the Florida Enterprise Zone Act was repealed on December 31, 2015; and WHEREAS, once the Florida Enterprise Zone Act expired then local governments were no longer permitted to authorize tax exemptions for business in the enterprise zone, unless the business qualified as some other form of new business or expansion of an existing business under the statute; and WHEREAS, in order to be consistent with the Florida Statutes, Chapter 1100, Economic Development Ad Valorem Tax Exemption, of the Code of Indian River County needs to be amended to remove references to the Enterprise Zone, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authori Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 3. Amendment of Section 1100.04 (Definitions of Terms) of Chapter 1100 (Economic Development Ad Valorem Tax Exemption). New language indicated by underline, and deleted language indicated by 1 251 ORDINANCE NO. 2016 - Section 1100.04 (Definitions of Terms) of Chapter 1100 (Economic Development Ad Valorem Tax Exemption) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 1100. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Section 1100.04. Definitions of Terms The following words, phrases, and terms shall have the meanings set forth below. To the extent that such meanings incorporate provisions of Florida Statutes, such meanings are intended to incorporate the provisions of Florida Statutes, as amended from time to time: (i) 290.0066. Reserved (k) Expansion of an existing business (1) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this county, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (2) A business establishing twenty-five (25) or more jobs to employ twenty- five (25) or more full-time employees in this county, the sales factor of which, as defined in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less than 0.50 for each year the exemption is claimed; provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same Business, resulting in a net increase in employment of not less than ten (10) percent or an increase in productive output of not less than ten (10) percent; or (3) Any business located in aR eeterpi^ -- a brownfield area that increases operations on a site colocated with a commercial or industrial operation owned by the same business. (p) New business. 2 252 ORDINANCE NO. 2016- (1) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this county, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (2) A business establishing twenty-five .(25) or more jobs to employ twenty- five (25) or more full-time employees in this county, the sales factor of which, as defined in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less than 0.50 for each year the exemption is claimed; or (3) An office space in this county owned and used by a corporation newly domiciled in this state; provided such office space houses fifty (50) or more full-time employees of such corporation; provided that such Business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business; or (4) Any business located in aR eRteFPF06e zeRe nr a brownfield area that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Section 4. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 1 5thday of February, 2016, for a public hearing to be held on the 1st day of March, 2016, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: 3 253 ORDINANCE NO. 2016 - 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 ordinance duly passed and adopted this day of March, 2016. ATTEST: Jeffrey R. Smith, Clerk and Comptroller gn Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA am Bob Solari, Chairman APPROVED AS TO FORM AND LEGA SUF -" BY DYLAN REINGOLD COUNTY ATTORNEY EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of March, 2016. 4 254 % �. �. 1 �Z-1 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. i o . A-.2 . RECEIVE® FEB 19 2016 'COUNTYATTORNEY-S OFFIQ Customer Ad Number Coovline PO fJ 461741- INDIAN RIVER CO ATTORNEYS OFC 934401 Meeting: 3/1/16: Notice of Intent Meeting 3/1/16 Pub Dates February 15, 2016 a Swor to a scrib�led�before me this day of, February 12, 2016, by who is Sherri Cipcfani (X) personally known to me or ( ) who has produced Sandra Coldren Notary Public as identification. [D !E! '., asp-A-� •_ SANDRACOLDREN My COMMISSION # FF 00435 EXPIRES April 1 2017 Bonded Thru Notary• Public Underwriters [D !E! '., asp-A-� Notic`eTO C,reditmst, - Personal Re_esentatIve: DARLENE C. HILL W THE ESTATE, TRUS'F 8 ELDER LAW fDUt PL Re�tWrepseYrtMthrtrs� Mkhael0. FOMer. ESO. The Estara Rust 8 Elder Law nm PL Flodda ear Na 0217919 NO War Bivtl. mit SLtude.FL 34986 TelepnOp: (777 878 7x71 Fos: ) 878 2981 E. ' fowler@e[elf cont Pub: February41S.N T-SI9104 IN ME =MIT COURT FOR DOM RIVER COUNTY. ROMA PROBATE DIVISION File No, 312016CP000049 MS. Victoria L Wf(m IN RE: ESTATE OF MONa MORSE. becaNOTICETOCNEDTORS (SuAdmkditratlor0 TO AIL PERSONS HAVING CLAIMS OR DEMANDS YAG ar BEI_ eb'THEy pUMON'Etied Leal hoidfw Ohass =Y to«d Mwmse, de�cease0. We NuoRi- 0<r 31x.16CPo00049. by Me Bradt Covet for b1Aan River Cwty, oddL Pro- bate DivlsinOm d2 address of which t 2000 I6N Avam<, Very Beads R 32960: [haz Ne decMentY date of Beam ZA 1015: that the mW f the estate H annd t IatatN 5 11"IrOd0 addresses timseto on "t has been assigned Won drcd b) su order are Be, AM e 2400 Ndlan deck L. Wert o Beads R 32966 Beverly �i. Norse x400 radian deck Bis_ West Vero Beads Rwida31166 Att- for Persn GWInUce: ThwnueyG Lee, lr. Flea By Mu ,bN . Ruu7 MUNSTER YOAKLEYA STEWART PA 3VeW CardirW D -te 301 Telephone: 7737 2141010 Fel )x31-1518 E-McardtltlVovnrtvcw e�serw" e@qu MansteRrcom Pak February 415. x016 TL•: 931aTG IN ME CIRCUIT COURT OF ME 19THIUDICML CIRLLT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA PRODATEDIVl510N CASE NO. 312015 CP 000611 IN RE: ESTATE OF SHELLY RENT HBFS GUNNOTTIL Deceased. NOTICE TO CREDITORS The dmlnistratlon of me GlaNitottiot =e4 w mese date of death was May x9. 2Dl([(,ycurt for Ndls Rover Core Ih' zOerrsz of v11dtl1D.reld t Office Bw IDM Verb Beads Florida, 32961-1024 The es it Personal dress. .1 the Re�presentarhe vd me p=eRe_eslnto- atmmq art u[ forth AD creditors of the Dared" pd Omer persons having aint$ Or demands agaUng {(ofice�To .-Int., Estate Estate n whom A am eYe ro sethis rved - file their claims with this W WITHIN THE LATER OF l MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF I,,,NOTICE OR 30 DAYS ATTER THE DATE OF SERVICE OFA COPY OF THIS NOTICE ON THEM. AO other creditors of the neH 0 a aM aN apvso� on., fde Meir tl ImsswlN this court WITHIN 3 MONTHS AFTER ME DATE OF ME FIRST PUBLICATION OF THIS NO CE. ALL CLAIMS NOT FRED WITH- IN THE TIME PERIODS SET FORM IN FLORIDA STAT- UTES SECTION 733302 WILL SE FOREVT( BARRED. NOT- WITHSTANDING THE TIME PERIOD SET FORM ABOVE AN . Y CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENTS DATE OF DEATH tS BARRED. The data of first of this ad. t FenuMuary 15, 2011 vlrsom w k. Vero Beads R MINI A="for f+ersotul ReweswEE TODD W. FEN NNLL Florida Bar N 0886297 m GOD COOKSEY FFNNELL PA 978 ... handl floodennird Vero Beads FlWi . 32963 Telephne:(TT3)2]3-1100 tori-eservtceglgooldcoolmey. on Pub: February 15,22,2016 Td( 434651 Dther Public Notice's• `"• NOTICE Effective F<0 ary �I noo. i6"y' a ee d"pay e G ARartl tlHeam Pew6 w10 be maimdnld at 1651 SE M- ICy PC SL Lude. R 31953, [ele0hone (712) 398-1800. Yw may nave a tt0/ of ywr NIW reewa yo-aasnferrM to nondurge W[h a sed aumod2atlon Pub: January 25, February 1, 4142016 TCN 965160 None( EyGyvardO Oil,- l no Iwo- tont HeathmPOysid r6ult Patient main yd' be tained M 2150 SE Saler- no Bud. Stuart. R TII tde0hYou inryno (m) x23-5757. of nadiW record trhave a�anfferrYwed to ca at - A. - Pubdmrge w([r, +Solis m tha zatlom : February 15, x2. 29, March 7.2016 TCN 886210 �• 1? a NOTICE - The Martin Cwnty School District has sch deo an bewantt COrood" tee meeting Mwday, ieD ary x2, 201s M r30 Px t0 I, hold at me h�Wctiwul Center. Building 70. Room 7 MRI. Soo East Ocean Blvd. Sider, R3199, Pub: Feb. t5, 3016 TCN 915503 NOTI0 PUBLIC HEAPING - NOTICE IS HERE- BY GIVEN that tie Board of h16aSMYi fWtt Cmt flori6a NqN consider aOppUm of a proposed wdipn , eaMled:�a AN ORDINANCE OF ME BOARD ;1 Mom aLUCERO C t, Clul, of the Chart Court. SL Lude County Pub: Fe= L 1S, M. Mardi 7.2016 Will 915158 NOTICE OF APPLICATION FOR TAX DEED Tu Deed File N0.: IS OS3 NOTICE IS HEREBY GIVEN. Met TREVOR I PICKERING certifiiccate hoofs oo fdedfsaitl cerg- dfitttes Ior a tax deed to tlfica wed umber aM The yeareor Izwpparproypeee the desaiDUOn of N _Nth it wasMassessee dare as foupas: NOTICE OF APPLICATION FOR TAX DEED Tu Deed Tie No, 15-178 Nona IS Macreate HEREBY GIVEN, that erofMe mtDL _ cele dilutes for aeW deed oto U` brsm:"rfuteueand=o Iwance, Ne deafptoi u/owN-�wasassessea ere Uows: Celuncee Nu: 2008/30503 Yen of issuance: 20M NOTICE 1S HEREBY GIVEN, that THEhold,, ofEthe foil. --M LLERAS ser tlficate has Bled M . Ee I ..adfNereonx The «�° IticanttnVNeedesmption of InmwlUnch if wu assesseE are As 1.110_x: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BOBSOLARLCHNRMAN Wb: February IS. 3016 TCN 9M4o1 4nil Falg12 1ffilYl911W(� LUCERO CARWLL0 derwk ofA a Bradt Court, SL Lude CObnty Pub: February 2. 1" 29, March 7,2016 TCN 915166 NOTICE OF APPLICATION FOR TAX DEED Tax Deed File No, 1S 148 NOTICE D. HEREBY GIVEN.1'%' mat GREEN TAX FUNDING 3 US BANK GREEN TAX FUNDING 2 me holder of the too- rrificare has filed said W? tificates for a tax deed m be I- thereon The ar- LDW, number end year of Iswanca the desWdmn of the ropertY. end Ube names ua wtutoo tt was assessed are aws: Certificate Na: 2013/5595 Year of Issuarrce: 2013 Address: 798 SE Agt6MS AVE, P P,W.rc Deserind PORT ST Lu SESL CTION 03 UK 421 LOT 20 (MAP 34/3410 Parcel Im 790) 3121F510-0910-0002 Hames M WNch Assessed: ABEL ORDONA (no Said propf"y being in me County of St. Lutla State of Flw aa. UNess sMd,certlflcate map be ANGELA RIGGINS, p rwk of Ne LrMt Cwrt Wk Fhro ry 415.29. Marty I Ho, TCN SoUno NOTICE OF APPUCATION FOR TAX DEED TAX Deed Ne NO_ (5179 NOTICE IS HEREBY GIVEN, Ne holder of Me IDAEOB�w"mq dfrodure has filed said ttr- ipate3 for Aradeed t!o be Issued theseom: The ear .1 IUssesiaapnrry4 me Cern" and Pion of (n _Nein, Was ie d%ara ". u tofiows: Certificate N0.: 2008/10507 Year of "`u : 3008 Address: 1657 SW UMBRMPA RopeRRyy um E LOT In (O C43-2 I.E. 53-8) 207 709 (0R M77-3025 3454- 3010 P ,c 4Mit 324-5150224-000/7 NamesWWhichAssessed: IN GS I N O ISLES COD HOLD - Said property being In me Cwnty of SL Luda state of UNesstid certificate span M N epropertyc Ce m"lied aln ch ceNOcata shag be sold to me Nphest bidder b) do- e 2016oolthttps.//stlude 14. .der ANGELA Cle4 Clerk Clerk of me Bradt Cwrt SL Lude Conty Mb: Feb. 415 MNarch 7.2016 TCN 923,462 NOTICE OF APPLICATION FOR TAX DEED Tax Deed Ne No, IS 328 NOTICE 5 HEREBY GIVEN• clan n"DRA INC the holder of the following certi(Itate has TW ci d to be IIsssbed there, EThe cerdffcate m:mber ayen of I.-oce, the ew.Puon or me _op xu athsseessed are a finch Cealflttte N0.. 2013/6210 Yearoflsspnce: 2013 Address: 1418 SW ORIOLE LN, PSL PsoOerty DestM_SECTI PORT ST LV CIE ON ]/12th) ( UK OBiBo255115) Parcel N 3420555 IT13000/0 Names in Which Assessed: PETER KAYWOOD Said property b pig in the Cwnty of SL Lude. Son, of UNeasdsaid certificate shall be Deemed according W law thtti cceNflTate snap be sold to the 11 111 bidder by deo trobic sale 14th of chards 2016 at h1I 1r 11deder- bucUomcw ar IL90 Alt WARNING THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN omen FOFSaIeY •=( JACKSONVILLE - yr Prince Me borne, M lacksmrvme' an for 9580,000. am WWI Last Ionnixit hs, bis -u' bacN!As � Some have renters John 954451-7851 PAW CITY - FSBO - $28011. Faun foomsAO hewWappG- C:,1% cd d nim a M,�ws Coll 1w appt (481M38 -171t WEB ID 891667 PORT SAINT W CIF inn New Costom Home. CBSd/cov- e d back porch In ented plbrhd. Near T«dibn Shot' tl nons � rileyy«N[ezleit Call for And (7n1m42056 PORT ST LUCIE - 55� Wtana Bated Cmmn, 2 yr old w 2/2/2 w/dem 2 seenedtin lanais, barks co N a tutu d area, lots f upgrades Into t down, S169K (91N2B2-0187 Web ld 921q/9 YoBEACH Y F580. Pro""' 2014 TvMht lantl pa[etlga2lndy/25ba/t y, 1400st �K Ca11 772i993/00 w 5162 (6n)33s-6916: web IC x99693 IEXSEN BEACH Holly Crock 3bd/3baaAcecar garage. zpGt level. dmn nurdcana shutters, new dr 0 rooL Bio $2d porch. On lake. 50;000 Call m2)337.10c6 WEB 10 911597 C��Dndos-Fiml" I. S {BASTIAN Rfl er Run a,0 nmarry upgrades spwaatl News. 212. 5425.000. Pete 631-51364 WEB933457 tondos-Unlurn .:?�'� Fo¢T FOR /2 MIOOa garage lbefricaundry rpmm,, Iwl. nil atoll Pool 0 CNbltwL Latin ol5ayanPetck SUS. 9DRyan 772,9371th WEBID90314 STUART Cone Lo.�alcVh del Lag*wl M. ttrd. (7X)693.4546 or(7511361.13t8 WEB 939209 VERO BEAD( - -Complete ly Remodeled 2 bedroom. 2 Carlo Terrace Near Wada Mde 8 Beads FULLY RWOD- ElE0. OPEN HOUSE lam 24 A . t Feb. 14d:t-Iota. $0,900. (X2)559d/84 WEB ID 94769 WRO BEACH 300 kV. dol Lot In Indian River Shores 3N/o2 HOA!'Recent l.pPgorIIAIA. fenceen bathri. 915 BeacMpmer Lane 5950K. Can TX -331-3673 w 772A71-6687 WEB to 90x112 Farms 8•Aueage 2,6915 0 U7HEA6T'GEORGU Acrls with ID noes n SabLn River, %anted Pine. Nudwood Bottoms, Gsui Hunting 51,39Larre. Cao for _poi 352;867;8018 enufadtured Homes'7 FORTP e`ft VERO%SNanz s int Lakes ciff du0. x/0 Ofi4, on golf coorse,iNOy r shoo, cF rAavndry • rtnz; N angonrs-nw eer apps, j emeNUeFB s.St3 7X -u9• t505sWm g. Net. February 15, 216 Pursuant to Sectio 91074 Florida Statutes Lespe p. Swan as Indian Rhes wnty SupMaw EI bom,Hhereb)woNdbp notltt thM die foDowlnyy Ind1Y3dVals may be dCedared IneOdbiet of vote it may tan W contact the Sppwviaorl OMce sdUdn 30 days a/ Ibe date Nis mole, u o�► fished. A voter that fails to respnd mayy dso have Heir woe «moved trw me Florida Voter Redstratlon Sritem Arty kdK dud Listed bdow may cpn[acl tle Stmervtsor's Office wiUW 30 clays of me date this nods is published to rtceive intwmatln repardinp me basis for me poed Ia9, WtyaM the ptoced_eto«solvemematter. ShoWE anIMiddudOsied bel _d roti nil assnstantt. the voter zI old entad me SupervlsorY Office w the aenty in tach me vote bi registe«d Fw more inlwmatln w lurthv assttape deue contact th< Ndln RHv Cotmty Simervisor of Flections Office az (TTZ) 2xE3440. NAME ADDRESS Condo. Austin J. IS671Sm ST Vw Beach G«en, lay AIR 0455 Sem CT Vvo Beach Isaac Ouuesha T_ I"SHIM AVE SW Vero Beach Khab(t, trot N. 24154th ST Vw Beach Lupdna F«ntts N. 915 Reef RD Vw Beach Martin Nervy 13/, V 336 53rd CIR Vw Beath McCloud, Ain T. 1900 Woodland dR 103 Vw Re A Nestorat 230010th PDSW in Vero Beath snuman loves L ID 1605 40m AVE Vw Beach Sot, DemdsR 815599th CT Vw Beath Pule February 15, 2016 CN 922212 aSO-A-�. TREASURE COAST NEWSPAPERS • Monday, February 15, 2016 !c a aK Deed_ApP6catiori' Las Deed APPlication'_ Tlax Deed'Appfmtian�/ Tali Geed ApPliwtio�tl i'_ NOTICE OF APPLICATION FOpedeemed ice rWnp to law kauctimcom M 1190 Ak OR IN WHICH YOU HAVE A TAX DEED Me _open, EesSSlold In such urdII:. shop be sold WARNING THERE ARE UNPAID TAXES qty LEGAL INTEREST. THE MOP ERTY WALL SE SOLD AT PIR- TazDead File No:18052 Im the traNcbi1. Itth of Parch, PROPERTY Wid YOU OWN OR IN WHidl YOU HAVE A LIC AUCTION ON 11111111 UNLESS ME BACK TAXES NOTICE IS HEREBY GIVEN, MatTREVOR I ICKERINGfollowlnO 2016 at Mtps://stludedv- __ LEGAL INTEREST THE PROP ERTY WILL ATR016 ARE PAID. TO MAKE PAY FUR hold, of the rtlflcate has died said cer• WARNING THERE ARE UNPAID TAXES ON UC AUCTION ON 03/1aD UNLESS THE BACK TAXES THEN INFORMATION.ECON- TACT THE CLERK OF COURT tlfltttes for a to deed to be Issued thereor. The w- PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A ARE PAID. TO MAKE PAY- MENT OR TO RECEIVE NP IMMEDIATELY AT 2300 VIR- GINM AVE, 2ND FLOOR, FORT tlflcate number and you of Hwapa the desWpUn of LEGAL INTEREST THE PROP ERTY WILL BE SOD AT PUB- MIR INFORMATION, CON- TACT THE CLERK OF COURT PIERCE, FL M891, R2 162 6926. Ole property. aM Ube woes UC AUCTION ON 03//4/2016 IMMEDIATELY AT 2300 VIR- PrOM ay be redeemed In _MST It wu assessed are u follows: UNLESS THE BACK TAXES P RRick GINIA AVE, WO FLOOR. FORT PIERCE.R M T/x-467 tNouOhh the SL Lude County Ca+chnwM Certificate Na: 2013/370 NEN; OE R TO RECEIVEE THER INFORMATION, CON- AT be ROpAMILY don �d N temili- tlonu, piea11contav tOe Tu Year of lssuape: 2013 0 SPANISH LAKES BLVD. CTY FACTTHE CLERK OF COR$ AT Me VIR- GGMIA AVE. 2ND FLOOR FORT tNo 9T the SL Lude County T.erty Forredewed n Camaunis and can h�rstruc Collect_, Tr2 4621650. 201 this PN day of lumary. Propoerty MscriptlpmF S 6 N 40 WL/5 OIA OF 5 PIERCE, FL 34892, TU 462 6926 tlom, a tact Ube Tu CoOe T12 -t62-1650. LUCERO CARRRtq N OF SW 1/4 OF SW 1/4 OF STN 1/4 (TRACT 269)(OR 247- 763) P[ Perty may be rtdeemed W W W me SC Lude County TU Collector. For rMwy Wte thb 3rid day of Febrvary. 2014 Deputy perk perk of the CUwit Cwrt. SL Lude Cwnty Parcel ID: 14DFU3 0015 000/T Upn amounts and initru[- clop, a contact me Tu ANGELA RIGGINS, Devuty dark. Pub: February 1. 14 ri, Natoli I In, Names) In Which Assessed: ROSALIE C. DECICCV RASA. UE C. DECICCI Cosec or, m 4621650. Date this 27th day of lawary 2016. Berk of the Bradt Court SL Lude County Pub: F,b=415. 24 Mardi TCN 920162 Said property being N the Of k W tle, State of _ LDUCER 7.2016 TCN 923132 dSLI UNess Bald cerno.ce map be edewM aawding in law dCARRILLO. perk Of the Bradt Cert, L SL Lude CauRy C%fty NOTICE OF APPLICATION FOR - `Real O 1$al6>"' •� Ne property desai a in Pu Feb 14 29, March TAX DEED +� t--.. ys. a such card maD It sold N Ne host bidder W deo 7, 2016 TCN 915186 Tai Deed File Nn: 15-!80 Mom aLUCERO C t, Clul, of the Chart Court. SL Lude County Pub: Fe= L 1S, M. Mardi 7.2016 Will 915158 NOTICE OF APPLICATION FOR TAX DEED Tu Deed File N0.: IS OS3 NOTICE IS HEREBY GIVEN. Met TREVOR I PICKERING certifiiccate hoofs oo fdedfsaitl cerg- dfitttes Ior a tax deed to tlfica wed umber aM The yeareor Izwpparproypeee the desaiDUOn of N _Nth it wasMassessee dare as foupas: NOTICE OF APPLICATION FOR TAX DEED Tu Deed Tie No, 15-178 Nona IS Macreate HEREBY GIVEN, that erofMe mtDL _ cele dilutes for aeW deed oto U` brsm:"rfuteueand=o Iwance, Ne deafptoi u/owN-�wasassessea ere Uows: Celuncee Nu: 2008/30503 Yen of issuance: 20M NOTICE 1S HEREBY GIVEN, that THEhold,, ofEthe foil. --M LLERAS ser tlficate has Bled M . Ee I ..adfNereonx The «�° IticanttnVNeedesmption of InmwlUnch if wu assesseE are As 1.110_x: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BOBSOLARLCHNRMAN Wb: February IS. 3016 TCN 9M4o1 4nil Falg12 1ffilYl911W(� LUCERO CARWLL0 derwk ofA a Bradt Court, SL Lude CObnty Pub: February 2. 1" 29, March 7,2016 TCN 915166 NOTICE OF APPLICATION FOR TAX DEED Tax Deed File No, 1S 148 NOTICE D. HEREBY GIVEN.1'%' mat GREEN TAX FUNDING 3 US BANK GREEN TAX FUNDING 2 me holder of the too- rrificare has filed said W? tificates for a tax deed m be I- thereon The ar- LDW, number end year of Iswanca the desWdmn of the ropertY. end Ube names ua wtutoo tt was assessed are aws: Certificate Na: 2013/5595 Year of Issuarrce: 2013 Address: 798 SE Agt6MS AVE, P P,W.rc Deserind PORT ST Lu SESL CTION 03 UK 421 LOT 20 (MAP 34/3410 Parcel Im 790) 3121F510-0910-0002 Hames M WNch Assessed: ABEL ORDONA (no Said propf"y being in me County of St. Lutla State of Flw aa. UNess sMd,certlflcate map be ANGELA RIGGINS, p rwk of Ne LrMt Cwrt Wk Fhro ry 415.29. Marty I Ho, TCN SoUno NOTICE OF APPUCATION FOR TAX DEED TAX Deed Ne NO_ (5179 NOTICE IS HEREBY GIVEN, Ne holder of Me IDAEOB�w"mq dfrodure has filed said ttr- ipate3 for Aradeed t!o be Issued theseom: The ear .1 IUssesiaapnrry4 me Cern" and Pion of (n _Nein, Was ie d%ara ". u tofiows: Certificate N0.: 2008/10507 Year of "`u : 3008 Address: 1657 SW UMBRMPA RopeRRyy um E LOT In (O C43-2 I.E. 53-8) 207 709 (0R M77-3025 3454- 3010 P ,c 4Mit 324-5150224-000/7 NamesWWhichAssessed: IN GS I N O ISLES COD HOLD - Said property being In me Cwnty of SL Luda state of UNesstid certificate span M N epropertyc Ce m"lied aln ch ceNOcata shag be sold to me Nphest bidder b) do- e 2016oolthttps.//stlude 14. .der ANGELA Cle4 Clerk Clerk of me Bradt Cwrt SL Lude Conty Mb: Feb. 415 MNarch 7.2016 TCN 923,462 NOTICE OF APPLICATION FOR TAX DEED Tax Deed Ne No, IS 328 NOTICE 5 HEREBY GIVEN• clan n"DRA INC the holder of the following certi(Itate has TW ci d to be IIsssbed there, EThe cerdffcate m:mber ayen of I.-oce, the ew.Puon or me _op xu athsseessed are a finch Cealflttte N0.. 2013/6210 Yearoflsspnce: 2013 Address: 1418 SW ORIOLE LN, PSL PsoOerty DestM_SECTI PORT ST LV CIE ON ]/12th) ( UK OBiBo255115) Parcel N 3420555 IT13000/0 Names in Which Assessed: PETER KAYWOOD Said property b pig in the Cwnty of SL Lude. Son, of UNeasdsaid certificate shall be Deemed according W law thtti cceNflTate snap be sold to the 11 111 bidder by deo trobic sale 14th of chards 2016 at h1I 1r 11deder- bucUomcw ar IL90 Alt WARNING THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN omen FOFSaIeY •=( JACKSONVILLE - yr Prince Me borne, M lacksmrvme' an for 9580,000. am WWI Last Ionnixit hs, bis -u' bacN!As � Some have renters John 954451-7851 PAW CITY - FSBO - $28011. Faun foomsAO hewWappG- C:,1% cd d nim a M,�ws Coll 1w appt (481M38 -171t WEB ID 891667 PORT SAINT W CIF inn New Costom Home. CBSd/cov- e d back porch In ented plbrhd. Near T«dibn Shot' tl nons � rileyy«N[ezleit Call for And (7n1m42056 PORT ST LUCIE - 55� Wtana Bated Cmmn, 2 yr old w 2/2/2 w/dem 2 seenedtin lanais, barks co N a tutu d area, lots f upgrades Into t down, S169K (91N2B2-0187 Web ld 921q/9 YoBEACH Y F580. Pro""' 2014 TvMht lantl pa[etlga2lndy/25ba/t y, 1400st �K Ca11 772i993/00 w 5162 (6n)33s-6916: web IC x99693 IEXSEN BEACH Holly Crock 3bd/3baaAcecar garage. zpGt level. dmn nurdcana shutters, new dr 0 rooL Bio $2d porch. On lake. 50;000 Call m2)337.10c6 WEB 10 911597 C��Dndos-Fiml" I. S {BASTIAN Rfl er Run a,0 nmarry upgrades spwaatl News. 212. 5425.000. Pete 631-51364 WEB933457 tondos-Unlurn .:?�'� Fo¢T FOR /2 MIOOa garage lbefricaundry rpmm,, Iwl. nil atoll Pool 0 CNbltwL Latin ol5ayanPetck SUS. 9DRyan 772,9371th WEBID90314 STUART Cone Lo.�alcVh del Lag*wl M. ttrd. (7X)693.4546 or(7511361.13t8 WEB 939209 VERO BEAD( - -Complete ly Remodeled 2 bedroom. 2 Carlo Terrace Near Wada Mde 8 Beads FULLY RWOD- ElE0. OPEN HOUSE lam 24 A . t Feb. 14d:t-Iota. $0,900. (X2)559d/84 WEB ID 94769 WRO BEACH 300 kV. dol Lot In Indian River Shores 3N/o2 HOA!'Recent l.pPgorIIAIA. fenceen bathri. 915 BeacMpmer Lane 5950K. Can TX -331-3673 w 772A71-6687 WEB to 90x112 Farms 8•Aueage 2,6915 0 U7HEA6T'GEORGU Acrls with ID noes n SabLn River, %anted Pine. Nudwood Bottoms, Gsui Hunting 51,39Larre. Cao for _poi 352;867;8018 enufadtured Homes'7 FORTP e`ft VERO%SNanz s int Lakes ciff du0. x/0 Ofi4, on golf coorse,iNOy r shoo, cF rAavndry • rtnz; N angonrs-nw eer apps, j emeNUeFB s.St3 7X -u9• t505sWm g. Net. February 15, 216 Pursuant to Sectio 91074 Florida Statutes Lespe p. Swan as Indian Rhes wnty SupMaw EI bom,Hhereb)woNdbp notltt thM die foDowlnyy Ind1Y3dVals may be dCedared IneOdbiet of vote it may tan W contact the Sppwviaorl OMce sdUdn 30 days a/ Ibe date Nis mole, u o�► fished. A voter that fails to respnd mayy dso have Heir woe «moved trw me Florida Voter Redstratlon Sritem Arty kdK dud Listed bdow may cpn[acl tle Stmervtsor's Office wiUW 30 clays of me date this nods is published to rtceive intwmatln repardinp me basis for me poed Ia9, WtyaM the ptoced_eto«solvemematter. ShoWE anIMiddudOsied bel _d roti nil assnstantt. the voter zI old entad me SupervlsorY Office w the aenty in tach me vote bi registe«d Fw more inlwmatln w lurthv assttape deue contact th< Ndln RHv Cotmty Simervisor of Flections Office az (TTZ) 2xE3440. NAME ADDRESS Condo. Austin J. IS671Sm ST Vw Beach G«en, lay AIR 0455 Sem CT Vvo Beach Isaac Ouuesha T_ I"SHIM AVE SW Vero Beach Khab(t, trot N. 24154th ST Vw Beach Lupdna F«ntts N. 915 Reef RD Vw Beach Martin Nervy 13/, V 336 53rd CIR Vw Beath McCloud, Ain T. 1900 Woodland dR 103 Vw Re A Nestorat 230010th PDSW in Vero Beath snuman loves L ID 1605 40m AVE Vw Beach Sot, DemdsR 815599th CT Vw Beath Pule February 15, 2016 CN 922212 aSO-A-�. /061— INDIAN 061— INDIAN RIVER COUNTY 130ARD OF COUNTY CO,M11VIISSION REQUEST TO 13E SCHEDULED FOR PUBLIC DISCUSSION An%, organization or individual wishing to address the Board o1' Countj Commission shall complete this form and submit it to the Indian Riper County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.01(2h limit remarks to three minutes unless additional time is granted by, the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: jf. PHONE: SUB.IF:CT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? YES i NO t IS BACK-UP BERG PROVIDED + YES, VO IS THIS AN APPEAL OF A DECISION i I YES NO WHAT RESOLUTION ARE YOU l REQUESTING OF THE COMMISSION? ARE PUBLIC PUBLIC FENDS OR ACTIVITIES REQUIRED? I YES NO Y --- WHAT FUNDS OR ACTIVITIES ARE REQL;IRED'I'O MEET THIS REQUEST? Transmitted to Administrator Via. y_ Interactive Web Form 1=a\ --- N] a I I - - Hand Delivered -- Phone C'OUN"I'Y AD:111NIS'I'R,%"IY)R..— JosepI ti,. Baird MEETING DA'Z'E. fit —15 \d:nm l:\c.:\s1•AGiiNII:\•1'ub:i_ Di --i— 1,-s F•.- do. 1'—J Alrp,.—d 11 ' ,P 255 SPOMSOUZ opn, lees PD&Inum o $1000 • r SWeT $250 B0'®ll` ze o $125 Membership Annual Membership $25 oc�rci ��f Direcf�rS Chairman — William Mosley � dice Chair — Rev. Myra Fpirgu- son Secretary — Wanda Scoff Treasurer ® Ranby NapieT Parliamentarian m Shawn Bei0 ` Acffingl. Exec' utive ®ilreaffolr s William' Mosley I For Donations sent to: The Gifford Economics Develop- ment Council inc. is dedicated to, Providle ,opportunifies ?or: *Low income Housing (Humble Home Program) *Job Training *Community Networking *Self Employment *Bringing more businesses to Gifford *Youth employment opportunities (P.R.A.Y.) G•iff®rdl Ecol omics Development Center 430616th Ave. Suite B Gifford, FL 32067 �.� i � 'c•� r �.� €� �: c:> i~i E.� r �� i c s clr►dfl MC ,"61" Cal-, I - pc -'t I I Gifford Economics ®eves® ; o2ment C®uncH Mission Statement The omission of the Gifford) Econom- ics Development Council Inc. is to coordinate a public-pTivate parrt- neoshin which will develop, Define and implement programs and poli- cies for job training an grow exist- ing business's and encouraging new business to Ibe 'C'Teatedl within _ i the county, residents and govern- 0 mraent, to obtain (better economics. � Pro resrj� i vieIW ICorn muniity;,;Develop.rn6ont,,Center Enterprise Center C Business Incubation A) Legal Structure B) Marketing C) Training D) Business Plan E) Accounting • Entrepreneurial Training • Judicial Restoration • Youth Enterprise & Services Community • ***P.R.A.Y.*** Development • .I Bank,, *Micro -Lending *Revolving Loan Fund *Peer Group Lending Hi?using,; _. vban +.Development Mortgage Assistance Real Estate Acquisition Housing Counseling I) Revitalization Development I Wnan® r-On®cc Message fr om the Executive Dii t- c tur Hi! I'm William Mosley, Executive Director of the Gifford Economics Develop- ment Council Inc. as lifelong resident, Economist, I have committed myself to helping our community. The challenges and pressure facing our commu- nity are tremendous. Problems such as High Unemployment, Drugs, Poor Housing conditions, lack of Business Opportunities, lack of Adult and Youth Networking, and More. ProgTam Objective: The Gifford Economics Development Council Inc. is a place in our community to develop strong employment skills, develop skills to start their own business, Childcare assistance, assistance to help you get into your own home, assistance that will help you and your business grow, and help finding good jobs. ProgTam Descflpflon: From micro—lending to micro—enterprise; from finan- cial planning to economic development; from a single family dwelling to an entire planned community, the Gifford Economics Development Council's Community Development Center's primary goals are where residents may enhance the own destiny through career and entrepreneurial development training; capitol for business initiation or expansion; technical assistance with personal and business budgets and comprehensive housing assistance de- signs to complement the community development by reversal of urban flight. All program components include specifically targeted incentives for youth, particularly those who are statistically "at risk". INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Anthony Donini ADDRESS: 1623 U.S. Highway 1, Suite B, Sebastian, FI 32958 PHONE: 772-388-3301 SUBJECT MATTER FOR DISCUSSION: Sebastian Executive Building Hook-up to County Water IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO 1S THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Request Commission to Direct Staff to Allow Sebastian Executive REQUESTING OF THE COMMISSION? Building to Hook Up to County Water on a Master Meter Account ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES a NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: I k 31 A h Joseph A. Baird MEETING DATE: Document2 Board Approved 11/7!06 256 County Administrator INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Date: February 15, 2016 Subject: Viability of Land Acquisitions Bordering Historic Dodgertown. DESCRIPTION AND CONDITIONS: On November 4, 2015, the Indian River County Board of County Commissioners directed Staff to 1) Explore the potential need and options for additional parking at Historic Dodgertown; 2) to confirm the business model at Dodgertown is doing well; and 3) to seek funding sources other than one -cent local option sales tax for any future improvements. In accordance with these directives, County Staff held a formal meeting with Management at Historic Dodgertown to review the performance of the current business model and parking requirements for the facility. ALTERNATIVES AND ANALYSIS: In Summary, the model is performing well with annual revenues covering expenses, however, capital repairs to roofs and roadways will become the highest priority over the next several years. Parking needs are adequately fulfilled within the current footprint of the facility with the exception of 1 Historic Dodgertown event which has engaged the permissive use of 2 adjacent properties currently for sale (Collectively, the "Adjacent Properties"). The first parcel depicted in Attachment 1 is commonly referred to as the Triangle parcel. It is a 5.81 acre parcel zoned airport light industrial MC. The second parcel is depicted in Attachment 2 and formerly known as the Dodgertown Golf Club. It is a 35 acre parcel owned by the City of Vero Beach and also zoned airport light industrial MC. The property is encumbered to a bond issue with a current debt balance of $5,970,000. The Historic Dodgertown business model currently attracts multisport amateur training and competitive tournament events. These events do not generate the volume of concentrated attendance responsive to major league spring training games. Since 2008, the Adjacent Properties have been utilized only sporadically for overflow parking in connection with 3 County sponsored benefit concerts. The concerts were held under the County's option to reserve Holman Stadium pursuant to the Facility Lease Agreement, which also expressly preserves the annual St. Helen's Harvest Festival. The Festival also utilizes the DT Commons Parcel for convenient access to the Midway. The only event produced by Historic Dodgertown under the current business model that utilizes the Adjacent Properties for parking is the annual "Jackie Robinson" minor league baseball game. If, and when it becomes necessary, the parking plan could be revisited to accommodate this event. 257 Although Historic Dodgertown has been most accommodating to the County sponsored benefit concerts, management -has expressed concern over the potential for damage to the delicate turf at Holman Stadium. Over the past few years, the Indian River County Fairgrounds has emerged as a viable alternative venue for concert events. It has the acreage, parking, alcohol policy, and management plan in place to host concerts and other festivals FUNDING: The Commission directive to explore funding sources other than optional one -cent sales tax for any future improvements at Historic Dodgertown presents multiple challenges. Impact fees are prohibited for expenditures within the geographic boundary of the City of Vero Beach. The Renewal and Replacement fund maintained under the Agreement with the Los Angeles Dodgers has transitioned into an annual stipend under the current Facility Lease Agreement. Therefore, the suitable source of adequate funding for land acquisition and expansion would default to General Fund ad valorem property taxes. Moreover, the County's Capital Improvement Plan was cut back substantially during the recession, which led to significant delays and lack of funding for numerous projects to serve County and Constitutional Officers. As mentioned above, various renewal and replacement projects are needed over the next few years at Historic Dodgertown (e.g. roof repairs and roadway/parking area resurfacing.) Given the immediate need to fund the renewal and replacement of critical infrastructure in the coming years, funding land acquisition is not just a matter of source, but a much lower priority in maintaining a sustainable business model at Historic Dodgertown. RECOMMENDATION: Staff respectfully requests that the Board decline to pursue the purchase of available lands bordering Historic Dodgertown at this time. ATTACHMENTS: 1. Aerial Photo of DT Commons Property 2. Aerial Photo of Golf Course Property DISTRIBUTION: Approved Agenda Item 12 Joseph A. Baird County Administrator March 1. 2016 Indian River County Approved Date Administration la County Attomey Budget Department 2 -2/0-0/49 Risk Management 258 +:•,� -. , ^✓ 4IWr 4',P - �Y—d. +r .r— i a�:r, -F r .y.,1('• r .. .I� ;l i r-• e s � , i I • -. � �f . ,, x/41 u+.rM,Ngpq„,': '� �� r s+ r .tyP raj M� Z � •.. y. :'ti.ri .5 �' j. y. ..�`y. 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Baird, County Administrator DIVISION HEAD CONCURRENCE Stan Boling, AIC • C mmunity Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planning DATE: February 18, 2015 RE: Consideration of Parabel USA Inc's Request for a Local Jobs Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its meeting of March 1, 2016. DESCRIPTION AND CONDITIONS As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract targeted businesses to the county and to encourage existing businesses to expand their operations within the county was established in 1996. Included in that package of incentives was a local jobs grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, new full-time jobs in Indian River County. Recently, Parabel USA Inc. applied for a local jobs grant for its business which involves the growth, harvesting and processing of Lemna for the production of derivative products such as LENTEIN and Water Lentil Flour (both human food products) and products such as Lemna Protein Concentrate and Lemna Meal (both animal feed products). As proposed, Parabel USA Inc. will bring a targeted business (organic chemical manufacturing) with approximately 43 new jobs to the county. To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs in a targeted industry, and those jobs must pay wages equal to or greater than 75% of the county's average annual wage ($37,882 current average annual wage). Currently, seventy-five percent of the County's average annual wage is $28,411.50. Forty-one of the proposed 43 jobs meet the minimum 261 wage requirements for the job grant application. Based upon proposed wages and jobs, Parabel USA Inc. is eligible to receive up to a $177,000 jobs grant for the 41 new qualifying jobs. On February 16, 2016, the Economic Development Council (EDC) recommended that the Board of County Commissioners approve the proposed jobs grant of up to $177,000. ANALYSIS Company Parabel USA Inc. is planning to expand in Indian River County and create 43 new jobs at a large site in Fellsmere. Forty-one of the proposed 43 jobs meet the minimum annual wage requirements under the Indian River County Local Jobs Grant Program. Due Diligence As part of the process of evaluating Parabel USA Inc. for participation in the County's Local Jobs Grant Program, County staff and Chamber of Commerce staff conducted research on Parabel USA Inc., its officers, and agents. Actions taken as part of this due diligence process included: • Obtaining and evaluating a Dun and Bradstreet credit/financial report for Parabel USA Inc.; • Conducting a general internet search for Parabel USA Inc. and its officers using key words such as, but not limited to, "foreclosure", "lawsuit", "crime", "criminal", and "defendant"; • Checking the Florida Department of State Division of Corporations website for corporate registrations and liens; • Searching County official records for tax liens, judgments, and pending litigation; • Using Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions; and • Other searches as needed Staff focused its due diligence research on the main sources of data readily available. Based upon that research and an evaluation by the Chamber's project review committee, Parabel USA Inc. appears to be financially acceptable and appears not to have significant legal problems among its principals and officers that might raise concerns for providing Parabel USA Inc. with public funds through the Local Jobs Grant Program. Under the jobs grant program, public funds are expended only after performance is verified (new jobs created at adequate wage levels). Local Jobs Grant Eligibility Review ➢ Industry Classification of Business To qualify for the County's Local Job Grant Program, a company must be one of the county's 2 262 targeted industries. Under the County's target industry list, Parabel USA Inc. qualifies for the jobs grant program under the "Manufacturing/Warehouse/Distribution" category. Job Creation Threshold As structured, the county's jobs grant program provides $3,000 for each new position created that pays from 75% to 99.99% of -the County's average annual wage; $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage. Currently, the County's average annual wage is $37,882. It is anticipated that Parabel USA Inc. will create 43 new jobs in Indian River County, and 41 of the proposed jobs will meet the minimum job grant qualification of having wages that are above 75% of the County's average annual wage ($28,411.50). Grant Calculation The following table indicates the number of proposed jobs in each wage category and the amount of job grant associated with that wage category and the total jobs grant amount. eg°.V IEP b. Quali' edJ�olisti our�`J_o6 WTotalis. ham. 75% of county average wage 20 $3,000 $60,000 100% of county average wage 15 $5,000 $75,000 150% of county average wage 6 $7,000 $42,000 Sub -Total Grant Amount $177,000 Jobs Grant Agreement If the Board of County Commissioners approves Parabel USA Inc.'s Local Job Grant Application, a local jobs grant agreement will be executed between the County and Parabel USA Inc. That agreement will stipulate various requirements, including that: ■ The grant will be payable over a three year period by phase. ■ Parabel USA Inc. will provide copies of its quarterly reemployment compensation reports (RT — 6 forms) to the County so that the County can verify that the number of jobs claimed for each local jobs grant payment level is being provided. ■ Parabel USA Inc. will supply documentation to the County showing that employees reside within the County or in adjacent counties. ■ Parabel USA Inc. remain current on property tax payments to be eligible for jobs grant payments. 3 263 The agreement will also include automatic termination provisions that are dependent upon performance (or lack thereof) by Parabel USA Inc. Under those provisions, automatic termination will occur either on the date the County has made the last jobs grant payment or upon failure of Parabel USA Inc. to meet the deadline for hiring the minimum of 5 jobs or upon failure to provide quarterly reports for a period of three years. Funding & Proposed Payment Schedule If approved, the local jobs grant will be funded from County General Fund contingencies taken from three separate County fiscal years starting in County fiscal year 2016-17. The following table indicates the proposed grant funds (maximum amount) to be distributed to Parabel USA Inc. by fiscal year. F Yu 3 tit 'r T Jobb nt P t- aximum A_m__ ounts} 2016-2017 $59,000 2017-2018 $59,000 2018-2019 $59,000 Total $177,000 The proposed payment dates and payment amounts stated will vary, depending upon actual performance by Parabel USA Inc. Since there may be unanticipated delays in hiring new employees, an allowance for an administratively approved extension of up to one year is included in the jobs grant agreement. That allowance could shift grant payments out by up to one year. Job Incentives Available through the State of Florida In addition to applying for a local jobs grant, Parabel USA Inc. may apply for a separate grant through the state of Florida. If the state program requires any local match, the $177,000 local job grant can be used for the match. CONCLUSION Based on the analysis conducted, staff has determined that Parabel USA Inc. qualifies for a local jobs grant of up to $177,000. RECOMMENDATION The Economic Development Council and staff recommend that the Board of County Commissioners .19 264 approve a local jobs grant of up to $177,000 for Parabel USA Inc. Staff also recommends that the Board of County Commissioners authorize the chairman to sign the Jobs Grant Agreement with Parabel USA Inc. after approval of the agreement by appropriate county staff and the county attorney's office (draft agreement attached). ATTACHMENT 1. Jobs Grant Application (on file in Planning Division) 2. Draft Jobs Grant Agreement Approved Agenda Item: Indian River Co. Admin. Approved WJ Date 1 Legal Budget Dept. Z (� Risk Mgr. FACommunity Development\Users\EDplannr\INCENTIVES & FUNDING\Jobs Grant Program\Parabel\Agenda Items\BCC agenda item - Parabel Jobs Grant.doc 5 265 Jobs Grant Application On File In The Planning Division Attachment 1 JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PARABEL USA, INC. THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 1St day of March, 2016 (the "Effective Date") by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as COUNTY, and Parabel USA, Inc., a company authorized to do business in the State of Florida, hereinafter referred to as COMPANY. BACKGROUND RECITALS: WHEREAS, it is the policy of COUNTY to stimulate economic growth in Indian River County by either attracting new businesses to Indian River County or by encouraging the expansion of existing businesses within Indian River County; and WHEREAS, the creation of new employment opportunities for residents of Indian River County and the increased tax revenues resulting from such business expansions or relocations within Indian River County is beneficial to the local economy; and WHEREAS, COUNTY has determined that offering a Jobs Grant Program encourages businesses to expand within or new businesses to locate in Indian River County and thereby creates new employment opportunities for the residents of Indian River County; and WHEREAS, Indian River County, through its Board of County Commissioners, has created a local Jobs Grant Program; and WHEREAS, COMPANY, in accordance with the county's Jobs Grant Program criteria, will expand its business in Indian River County to create 41 additional full time jobs which pay at least 75% of Indian River County's average annual wage level; and WHEREAS, COUNTY has determined that COMPANY is eligible to receive a Jobs Grant; and WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance with County jobs grant program requirements; and, WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: Definitions. As used in this Agreement, the following terms shall mean: -1- Attachment 2 267 a. "Adjacent Counties" means Brevard, Osceola, St. Lucie, Okeechobee, and Martin Counties. b. "Annual Wage" - includes salary, bonuses, and commissions. c. "Default" - failure to comply with the terms of this Agreement. d. "Expanding Business" — shall be defined as a business expanding its operation over and above its base employment amount at the time of jobs grant approval by 5 or more new jobs to employ 5 or more new full-time employees in the County within the term of the Grant. e. "Full-time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week. f. "Indian River County Average Annual Wage" — shall be defined as the average annual wage per job in Indian River County as determined by Florida Agency for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, in cooperation with the U.S. Department of Labor, Bureau of Labor Statistics. Currently, the County's average annual wage is $37,882 (effective January 1" 2016 for the state QTI Tax Refund Program). This dollar value shall be used for the duration of this agreement for determining local jobs grant incentives. g. "New Business" — shall be defined as a business establishing 5 or more new jobs to employ 5 or more new full-time employees in the County within the term of the Grant (as such term is hereinafter defined), provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. h. Commencement Date" —the date that the County begins tracking qualifying jobs for potential local jobs grant payments. Such date shall start on one of the following dates: January 1 S', April 1 ", July 1 ", or October 1" of a year agreed to by COUNTY as established within this Agreement or as otherwise modified in accordance with this Agreement. i. "Qualifying job" —a full-time equivalent job having an annual wage equal to or greater than 75% of Indian River County's Average Annual Wage. "Quarterly Reemployment Compensation Report (RT -6 form)" — Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis. Information collected on the form includes the names of employees, their social security numbers, and the gross -2- 268 wages paid to each employee on a quarterly basis. The information is used for reemployment compensation should employees cease to be employed. For purposes of this jobs grant agreement, this definition shall also include other similar county approved certified forms from COMPANY or COMPANY's professional employer organization. k. "Relocation of a business" — a business relocating to Indian River County and employing 5 or more full-time employees in the County. 1. "Target Industry" — An industry identified within the Target Industry List of the Economic Development Element of Indian River County's Comprehensive Plan (Policy 2.5 of the Economic Development Element). 2. Term; Termination. This Agreement shall be effective as of the date of this agreement stated on page 1 and shall automatically terminate after one of the following has occurred (whichever occurs first), unless terminated earlier by COUNTY because of a Default by COMPANY. a. COUNTY has made the last payment to COMPANY; b. COMPANY did not employ a minimum of 5 new Qualifying Jobs by the Commencement Date, as may be modified; or c. COMPANY failed, for a period of 3 consecutive years (12 quarters), to provide required Quarterly Reemployment Compensation Reports (RT -6 form) to COUNTY. 3. Grant Eligibility, Payment Schedule. a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount of up to $177,000. COMPANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re -imbursement basis. The number of. jobs estimated to be provided is listed below. Jobs grant payments are dependent upon the number of employees exceeding the company's employment level at the time that this Agreement is approved by the Indian River County Board of County Commissioners. (i) Forty one (4 1) new qualifying jobs meeting the wage level commitment in Section 5 of this Agreement shall be provided by the Commencement Date 7/01/16. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 41 jobs. (ii) It is understood that the quantity of jobs proposed above, their annual wages, and dates of hire are estimates. Because of that, the quantity of jobs provided may be less than 41, and the Commencement Date (for jobs grant tracking) maybe extended. Proposed jobs will remain eligible for local jobs grant incentives provided: -3= 269 a. The minimum number of qualifying jobs provided is 5. b. The maximum number of jobs eligible for local jobs grant funds is 41. c. The maximum extension for the Commencement Date shall be one year. Such Commencement Date extension may be approved administratively by the County Community Development Director or his designee for good cause. If any of the 41 eligible jobs proposed are created after the Commencement Date or, if applicable, after an administratively approved extension to the Commencement Date, those jobs shall not be eligible for local jobs grant funds. In no case shall the total local jobs grant award exceed $177,000. (iii) Failure of COMPANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to COMPANY, as set forth herein. If, by the end of any of the annual periods, COMPANY has not maintained the total number of claimed jobs required or if COMPANY has provided the total jobs required, but the annual wage for any of those jobs is less than required for that year, the Community Development Department Director, or his designee, will lower the jobs grant award for the respective year by the amount allocated in such year for each job for which the requirements of this agreement are not met. Thus, the total jobs grant award could be less than $177,000 by the end of this Agreement. If COMPANY changes the products or services it provides in such a way that would make COMPANY no longer qualify as a "Target Industry" or if COMPANY relocates outside of Indian River County, COMPANY shall be in Default of this Agreement. b. Performance Evaluation for Payment. With the submittal of COMPANY's IS` Quarterly Reemployment Compensation Report COMPANY shall provide to the Indian River County Community Development Director, or his designee, an employee census for the Effective Date of this Agreement. That employee census must list employee name, job title, city and state in which the employee lives, annual salary, location where employee works, and date of hire. COMPANY's performance evaluation will be conducted on an annual basis using the information provided on the Quarterly Reemployment Compensation Report (RT -6 form) and COMPANY's quarterly updates to its employee census. Each updated employee census must include the information referenced above plus the date of termination for each employee (if the employee terminates employment with the company). COMPANY shall supply additional documentation to the Community Development Director, or his designee, in a form acceptable to the Community Development Director, or his designee, showing that positions for -4- 270 which jobs grant funds will be awarded are filled by people who live in Indian River County or adjacent counties. The Grant eligibility determinations will cover one year periods, with each yearly period beginning and ending as follows: - : Graut:Eli bili--'Deterrtiivations' _ h 3 8n_al 'Be in. :End. in End -' 7/01/2016 6/30/2017 7/01/2017 6/30/2018 1 7/01/2018 1 6/30/2019 (i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made within forty-five (45) days after the date COMPANY submits the latest Quarterly Reemployment Compensation Report comprising the Annual Job Status Report (as defined in Paragraph 6), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last quarterly reemployment compensation report, as described above, not coincide with the date that an eligibility determination is made, COMPANY shall have the right to file a report, in a form substantially similar to a quarterly reemployment compensation report, and such report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45) -day period within which payment shall be made. If COMPANY applies for a Qualified Target Industry (QTI) Tax Refund from the State of Florida and if COMPANY has that QTI Tax Refund approved by the State, the Community Development Department Director or his designee will reduce the local jobs grant amount paid directly to COMPANY for each eligibility determination in an amount sufficient to cover COUNTY's QTI Tax Refund 20% contribution obligation to the State for COMPANY's QTI Tax Refund agreement. The Community Development Department Director or his designee will submit the 20% payment obligation to the State for placement in the Florida Economic Development Trust Fund. (ii) If at the time of performance evaluation for payment as described in subsection 3.b(i) COMPANY is not current on Indian River County Real Estate and Tangible Personal Property Taxes, COUNTY shall withhold Grant payments for that eligibility determination time period and COMPANY shall automatically forfeit its right to collect Grant payments for that eligibility time period. COMPANY shall remain eligible for any remaining future Grant payments for future eligibility time periods provided COMPANY is current on such taxes referenced above at the time of future local jobs grant eligibility determination time periods. -5- 271 4. Job Creation Commitment. COMPANY estimates that it will provide 41 new qualifying jobs within Indian River County as set forth in Exhibit "B", which is attached hereto and made a part hereof. The exact number of jobs actually supplied and their salaries, however, may vary. Local jobs grant funds will be awarded up to a maximum of $177,000. The jobs grant award will be based on the following: Category,, i a 75% to 99.99% of Indian River County $3,000 Average Annual Wage 100% to 149.99% of Indian River County $5,000 Average Annual Wage 150% of Indian River County Average $7,000 Annual Wage (or greater) 5. Wage Level Commitment. COMPANY estimates that it will pay 20 employees whose job is eligible for a Grant hereunder an annual wage of not less than $28,411.50, will pay 15 employees an annual wage of not less than $37,882.00, and will pay 6 employees an annual wage of not less than $56,823.00. The annual wage of the positions will be determined without taking into account the value of any benefits. COMPANY shall, in accordance with the provisions of paragraph 6 below, provide written verification of such wages satisfactory to the Community Development Director or his designee. COMPANY'S failure to maintain its wage level commitment for any qualifying job for any one year will result in either the reduction of the Grant amount awarded for that job for that year or will result in no award provided for that job for that year. 6. Annual Job Status. COMPANY must provide the Community Development Director or his designee with Quarterly Reemployment Compensation Reports (Form RT -6) of its business operations within Indian River County on State form RT -6, as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". COMPANY must also provide the Community Development Director or his designee with quarterly updates to its employee census for employees working at its Indian River County location(s) (see section 3.b. of this Agreement). The cumulative Quarterly Reemployment Compensation Reports required to be filed for the annual period, correlated with each eligibility determination and the corresponding quarterly employee census shall collectively comprise the Annual Job Status Report. Starting with calendar quarter 1 in 2016, quarterly reports must be submitted for grant eligibility determination. Those quarterly reports must be submitted no later than 60 days after the end of each quarter, until the termination of this Agreement. Submittal deadline may be waived by the Community Development Director, for good cause. -6- 272 7. Default, Termination. Except as set forth herein, in the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option, terminate this Agreement. 8. Indemnification. COMPANY shall indemnify and hold harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities, losses, and/or causes of action which may arise from any negligent act or omission of COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 9. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial. 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 11. No Discrimination Certification. COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 12. Attorneys Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 13. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The Company's failure to maintain its job creation commitment or annual wage level commitment for any one year will result in the decrease of the Grant amount it was -7- 273 scheduled to receive for that year; however, such decrease will not preclude the Company's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment. 14. Assi 'nment. COMPANY shall not, directly or indirectly, assign or transfer any of its rights or obligations under this Agreement, or any interest therein (the foregoing herein collectively "Transfer"), without the express prior written consent of the Community Development Director. The Community Development Director shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written Community Development Director consent shall be null and void and may, at the option of the County Community Development Director, be deemed a Default under this Agreement. COMPANY acknowledges and agrees that the Community Development Director has the right, in granting or withholding consent to any Transfer, to consider, among other things, the financial responsibility and business reputation of the proposed assignee or transferee (the foregoing herein collectively "Transferee"); and any other items that the Indian River County Community Development Director, in his sole discretion, deems appropriate. If COMPANY seeks the Community Development Director's consent for a Transfer, COMPANY shall submit to the Community Development Director a written request therefore, accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) a description of the business and jobs, including wages, to be created in Indian River County; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. If the Community Development Director withholds the consent to Transfer, COMPANY may appeal to the County Administrator. If the County Administrator withholds the consent to Transfer, COMPANY may appeal to the Board of County Commissioners. COMPANY acknowledges and agrees that: (a) the County Administrator or his designee, or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer; and (b) if appealed to the Board of County Commissioners such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners at a formal meeting thereof, and such Transfer shall become effective only when signed by the Transferee and approved by the Board, which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors or assigns of COMPANY. The prohibition on Transfers shall not prohibit a change in the form in which COMPANY conducts business. COMPANY will be released from further liability under this Agreement in the event of an approved Transfer; provided that the County's consent to any Transfer will not otherwise relieve COMPANY from any pre-existing obligation to COUNTY under this Agreement. 15. Conflict of Interest. COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with -8- 274 the performance of services required hereunder, as provided for in Florida Statutes Part III, Chapter 112. COMPANY further represents that no person having any interest shall be employed for said performance. 16. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to COUNTY shall be mailed to: Community Development Director Indian River County 1801 27th Street Vero Beach, Florida 32960 and if sent to COMPANY shall be mailed to (or current, official address): Larissa Kathryn Smirnoff VP of Global Administration 1901 S. Harbor City Blvd., Suite 600 Melbourne, FL32901 17. Entire Agreement. COUNTY and COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 18. No Pledge of Credit. COMPANY shall not pledge COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 19. Public Records. COMPANY shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement, as modified by exemptions in Chapter 288, Florida Statutes. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 21. General. The Background Recitals are true and correct and form a material part of this Agreement. -9- 275 IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has made and executed this Agreement on behalf of COUNTY and COMPANY has hereunto set its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: n Yo��sep�hBaird, County Administrator APPROVED AS TO AND LEGAL SUFFICIENCY DylaiKeingold, County Attorney COMPANY: BY: Typed Name WITNESS: Signature Title: Title: -10- 276 EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & PARABEL USA, INC. Company Identification and Information: Application received date: January 11, 2016. COMPANY description: Parabel USA, Inc. possesses technologies for the growth, harvesting and processing of Lemna, including extraction technologies, crop separation, bio -refining technologies, purification technologies and protein extraction to produce derivative products for application in human food and animal feed. COMPANY'S current mailing address: 1901 S. Harbor City Blvd., Suite 600 Melbourne, FL 32901 -11- 277 EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & PARABEL USA, INC. I. Target Industry Categories eligible for application: COMPANY qualifies for the jobs grant program under the "Manufacturing/Warehouse/Distribution" category. Under the North American Industrial Classification System (NAICS), COMPANY's activities are classified in the category of "All Other Basic Organic Chemical Manufacturing", NAICS Code #325199. II. Employment Commitment: The COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to Indian River County: 1) 20 # of new, full-time employees whose annual wages are between 75% and 99.9% of Indian River County's average annual wage. 2) 15 # of new, full-time employees whose annual wages are between 100% and 149.99% of Indian River County's average annual wage 3) 6 #. of new, full-time employees whose annual wages are 150% or greater of Indian River County's average annual wage III. Grant Amount Category QueliTed Jobs Y. Amouut,peir;Joti + .Total 75% of county average wage 20 $3,000 $60,000 100% of county average wage 15 $5,000 $75,000 150% of county average wage 6 $7,000 $42,000 Sub -Total Grant Amount $177,000 *The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs. In no case shall the total amount of the grant exceed $177,000. FACommunity Development\Users\EDplannAINCENTIVES & FUNDINGVobs Grant Program\ParabeMgreement\Parabel lobs Grant Agreement V4.doc -12- 278 Exhibit "C" Use, black ink. 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I_i�i■ � I� 13a. Total Gross Wages (add Lines 12a a*). Total this page only. P1 Include this and totals from additional pages in Line 2 on page 1. I L 13b. Total Taxable Wages (add Lines 12b only). Total this page only i— I r 1 Include this and totals from additional pages in Line 4 on page 1 I-1 i^)' OL [_ i a L_:'_, � DO NOT - DETACH ---------------- Mail Reply To: Reemployment Tax Florida Department of Revenue 5050 W Tennessee St Bldg L Tallahassee FL 32399-0180 Social security numbers (SSNs) are used by the Florida Department of Revenue as unique identifiers for the administration of Florida's taxes. SSNs obtained for tax administration purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not subject to disclosure as public records. Collection of your SSN is authorized under state and federal law. Visit our website at www rnyflarida.com/dor and select `Privacy Notice' for more information regarding the state and federal law governing the collection, use, or release of SSNs, inducing authorized exceptions. Please save your instructions! Quarterly Report instructions (RT-6WRTSA are only mailed with new accounts or When there are changes. If you misplace your instructions, you can download them from www.myfloride.com/dor 280 Indian River County Board of County Commissioners March 1, 2016 Parabel USA, Inc. Local Jobs Grant Application Local Jobs Grant Program • Financial incentives for "Targeted Industries" to locate or expand within Indian River County — Policy 2.5. • $3,000 for each new job that pays 75% to 99.99% of County average annual wage ($28,412 to $37,881) • $5,000 for each new job that pays 100% to 149.99% of County average annual wage ($37,882 to $56,822) • $7,000 for each new job that pays 150% or more of County average annual wage ($56,823). • Paid out in installments over 3 years, after new job in place ("pay for performance") la -A -1 - Indian a.A.1. .2SO-A-1 Target Industry Classification • Parabel grows, harvests, and processes Lemna (duckweed) to produce water lentil flour and LENTEIN (both human food products) and products such as Lemna Protein Concentrate and Lemna Meal (both animal feed products) • Qualifies as a targeted industry under "Manufacturing, Warehouse & Distribution" category • Located on agricultural property in City of Fellsmere Jobs Grant Due Diligence Focused on the main sources of data readily available on Company, its Officers, and Agents • Dun and Bradstreet credit/financial report • General intemet search • Corporate registrations and liens search • County official records for tax liens, judgments, and pending litigation • Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions QRO-A- 2 Proposed Jobs Proposed Jobs Salary Range and Payment Per Job Category Qualified' Amount per Site Manager 1 Yes Logistics Manager 1 Yes QA/QC Manager 1 Yes Maintenance Manger 1 Yes Growth & Harvest Manager 1 Yes Field Ops Supervisor 1 Yes Growth/Harvest Operators 14 Yes Growth Tech 2 Yes Crop Transfer Operator 1 Yes Processing Operators/Techs 9 Yes Administrative Assistant 1 No Accountant 1 Yes Site Security 1 No Process Engineer 1 Yes Lab Technician 2 Yes Maintenance Tech 3 Yes Processing (Development) Manager 1 Yes Office Manager 1 Yes TOTAL 43 (41 qualify) Proposed Jobs Salary Range and Payment Per Job Category Qualified' Amount per Total Jobs Job 75% of county average wage 20 $3,000 $60,000 ($28,412 to $37,881) 100% of county average 15 $5,000 $75,000 wage ($37,882 to $56,822) 150% of county average 6 $7,000 $42,000 wage ($56,823) Sub -Total Grant Amount $177,000 a8D-q- 3 Date Proposed Jobs Will Be in Place Number3oftNew> Dateby - mount 0 Job Employees Orr. HK C GrantI III * Date can be administratively extended up to one year Potential Payments by Fiscal Year (FY) FY Proposed Job Grant Payments Payment Month & Year 2016-2017 $59,000 August 2017 2017-2018 $59,000 August 2018 2018-2019 $59,000 August 2019 Total $177,000 ago -A- 4 RECOMMENDATION EDC and staff recommend that the Board of County Commissioners: 1. Approve a local jobs grant of up to $177,000 for Parabel USA Inc. 2. Authorize chairman to sign the Jobs Grant Agreement with Parabel USA Inc. a Bo -A- 5 )Q-A. 1. Parabel built and tested its growth reactors across the globe at commercial scale Parabel Growth systems in various geographic locations and climate zones j7 A -F T� Aft L s; years K a-- w-,e-s- iki tii6d, t 14 e4ga�i i kq6t im iftra M-A� 9�d V-JoOnidividna pCa��t product outt-iff-a R geographies: Build out of a 100 acre reactor and processing facility in Florida is commencing in Sep 2015, with and annual production volume of 1,000 tons in phase 1 which will be increased to 4,000 tons with phase 2 Florida Site for large scale build out FEATURES • 100 acre site in Central Florida identified near Vero Beach, near company USA headquarters • Provides easy access for visits by US/Worldwide investors and customers via Orlando, Miami and Melbourne airports. • Provides for efficient distribution of product to US markets using existing road infrastructure (Interstate 95, Florida Turnpike, Interstate 4) • Rapid expansion possible from 100 to 400 acres of reactors • Production will start Q1/2016 • Annual Production in Phase One is 1,000 tons of Products per year increasing to 4,000 tons per year with phase 2 (increase to 400 acres) Private=&',Confitleridalim_ e _...: r I � i . n d 1� —7 PAR !__" .02015Pa_a_bdLM:www. r•b•lcame E—_—. ___._.__>._. _._.— ___ __ _ _ ---.• alF - _—_7a ')8b -,6- %t )80",6- 2 Local Job Opportunities 3Phases — Ramp up- ^ Phase 1 — 100 Acres ^ OmonUho ^ 50Jobs Total ^ Phase 2-15OAcres ^ 12 Months ^ 1OOJobs Total ^ Phase 3-40OAcres ^ 18-24 Months ^ 15OJobs Total ~Noto—aUhgueooppmximaUona Local Job Opportunities Three Levels of Employees: I Entry Level Growth Technicians Processing Technicians > Approx. 45 positions 11. Mid Level Supervisors Management Supervisor Experience Special ists/Qual ity Control );� Approx. 5 positions III Top Level Management • GM of Facility • Director of Growth/Processing P11 17 E L Future Positions A IT F,,N ')IXA h�" ph- 04, -U .d�" Jb Thk- A.fidp `4 .1 ... lkv,F.I, f,dudd p- J.b M-4- 435 4G� wp �wk 1— Swm 119, IkeS 2M. II.M la L4. i 3 0-111, -,W-m -nd- dentia I ELI i- 2- 1 5 PS P, ri am slit Mr. -'ItO-6- 4 Future Positions Mlkio. A .... JS.Iry c A—U.1d A—V ac -fib I Jb N, Jb i 101—&�Ntl,�-.:.- I APO 1 3016— W711AIU � � —Ukl— DII, MITI- 18,jq, - ---------- 1 -kL"- �41 1,NM il-Illm" �xm X1, Re �ite Cb d6fitial.7 I Future Positions Mlkio. A .... JS.Iry c A—U.1d A—V ac -fib I Jb N, Jb i 101—&�Ntl,�-.:.- I APO 1 3016— W711AIU � � —Ukl— DII, MITI- 18,jq, - ---------- 1 -kL"- �41 1,NM il-Illm" �xm X1, Re �ite Cb d6fitial.7 I Future Positions Poicfnm 1.1, Thk ool Artlkipf�d A .. 119A.-17 A—IU�dA—� 11—fio hd.d�] D.t..1 ffi� Per J41, I %,A—flk-rit, IP -Per 4 AMI 1, — — lir"Ah - Vt— E,,t— I t3 w4i� And, 11�m 4 �17— —F,-wn:7TMjki 11,W1h kk k— P— wwth - —hejin, .9� 71 1`3 OE e --Wivati�"&Go4dential -)0"0 -8- 5 Poicfnm LENTEIN has More Essential Amino Acids than Soy or Pea and is comparable to Whey Has been described as the "World's Most Complete Food Source" LENTEINT" Comparison to Soy, Pea and Whey Protein Soy a Pe a o Whey o LPC 20 C Z 10 A� 0 4, .6, ,A of any other plant protein • Highest level of Essential Amino Acids (EAA) of any plant protein • Comparable Amino Acid profile to Whey Protein • Non GMO • Gluten Free • Lactose Free • Soy Free A q A. vt -rz- Q4 v - W, f of, nU P Fare ALAO Product prototypes Parabel 'Real Source" Protocepts designed by Mattson& DINE —the Food and Drink Agency R=' J REAL®r, FRr'e tVLEF O 0-. FEATURES • Protein product name is LENTEIN- which is trademarked for Parabel as the high quality Human Food Product ingredient • LENTEIN- is offered as a fresh green protein powder that has been successfully formulated in dry -mix goods like chips, crackers, snack -mixes, bars and cereal clusters and since it is soluble it also mixes very well into protein shakes, sports drinks or meal replacements. The drink gives a pleasant mouth feel due to its foaming capability • Alternatively Lentein is offered completely de -greened as a white powder • Real Source Protocept Line has been developed by Mattson & Dine focusing on Snack Market -.11 44, -11 Creating jobs and protecting the environment Parabel's system transforms marginal, non-agricultural land into thriving productive areas • No arable land required • Processing system recycles virtually all water • Processing system creates no waste and/or toxins • Lemnaceae are indigenous, non-GMO, non-invasive; no disruption to local ecosystem • Lemnaceae consume atmospheric carbon dioxide • No need for insecticides, pesticides, chemicals, or any other damaging ingredients • Nutrients do not pollute the environment - Enclosed in heavily lined bioreactors; no leaching into local ecosystem • Parabel licenses promote local economic growth and create hundreds of green jobs in emerging economies -Job types include construction, technicians, logistics, IT, security, field personnel, financial A Y ilw P n Parabel's Communication & PR is focused on raising general awareness for Lemna and its benefits in the Human Market, which started with the recent US 2015 Awards and branding of LENTEIN TM Communication & PR • Launching products around Parabel LENTEIN- , MC SELECT- or LM is not unlike launching any other product, where media coverage is currently being increased and optimized across all channels. Parabel is now at the stage of having started marketing and increasing global awareness. Aim is to ensure end -consumers become aware of the benefits of Lemna in its own right but also as an alternative to Soy and Whey. Parabel is currently working with food multi -nationals in Europe and Asia to educate them about the benefits and the strategic advantage of its products for them • Parabel is now attending multiple trade shows around the world and publicly displaying its products • Parabel won the prestigious Innovation Award at the 2015,91h Annual Food Technology & Innovation Summit in Chicago for LENTEIN- — its plant protein ingredient • Parabel won the main award at the 20151FT Food Expo Innovation Awards for LENTEIN_ • The main goal is to support Parabel Sales efforts to win a large launch customer for branded Human Food as well as increasing end-user demand in the Sports Protein Market • As part of the Marketing & Sales efforts, the company is supporting general publications on Lemna and its benefits as well as specific releases on Parabel r TODAY 'T., It Tele-4rnpil r7' adu d- laf t "Water lentils: Are they the next plant -based super protein" "Is Duckweed really the food of the future?" Experts have found a way of drying the weed to make a powder, and in tum this makes up the superfood known as Lentein." "Could the water lentil be the next big thing in plant based protein?" INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: ' February 20, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AW Subject: Watermain Assessment Project within North Indian River Drive, Adoption of Resolution IV DESCRIPTIONS AND CONDITIONS: On January 6, 2015, the Indian River County Board of County Commissioners (BCC) approved Resolution 1 (2015-003) and Resolution II (2015-004) for a proposed watermain assessment project along North Indian River Drive. On March 10, 2015, the BCC approved Resolution III (2015-037). In that meeting, the BCC approved the confirming resolution based on Scenario No. 3. The subject Scenario included ten (10) benefitting parcels within the assessment area and nine (9) parcels within the voluntary area. ANALYSIS: The project was advertised May 8, 2015, and bids were opened June 10, 2015. On July 7, 2015, the BCC approved the award of contract to General Underground L.L.C., for a total sum of $123,779.36. The estimated total project cost for the evaluation of the confirming resolution was $162,215.08, of which $58,457.40 was assigned to the assessment portion. The BCC approved Resolution III, the confirming resolution, with the following: a. Cost per parcel $5,845.74 b. Ten (10) benefitting parcels as part of the special assessment lien c. Nine (9) parcels as part of a voluntary connection/capital recovery mechanism d. For benefitting parcels above in 3b and voluntary connections in 3c, allow property owners to finance the capital cost of $5,845.74 for up to 10 years, payable in ten equal yearly installments at an annual interest rate as set by the Board each January (5.75% at that time) 281 The project was substantially completed mid-December, 2015. Once the pressure and bacteriological testing was satisfactorily completed, the Florida Department of Environmental Protection (FDEP) cleared the water main for operation on January 25, 2016. Final completion of the project was achieved February 4, 2016 and the contractor submitted the final invoice February 8, 2016. The total construction amount is $92,215.46. Therefore, the total project cost, which includes engineering, surveying, administration and construction services, is $120,748.96. The actual project cost is $41,466.12 less than the estimated preliminary assessment cost approved March 10th, 2015. The BCC approved Scenario No.3 assigned 36% of the project cost to the assessment portion which equates to $43,469.63 for ten (10) parcels. Therefore, the new per parcel cost is $4,346.96. The following table outlines the estimated versus actual per parcel cost for the assessment and voluntary areas: F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\As-Built Resolution\Agenda Indian River Drive Res IV -Rev 2.doc Page 2of5 282 Estimated Cost Actual Cost to Approved be Parcel 3/10/15 Approved No. Property Address 3/1/16 1 13580 N INDIAN RIVER DR $5,845.74 $4,346.96 2 13590 N INDIAN RIVER DR $5,845.74 $4,346.96 3 13595 N INDIAN RIVER DR $5,845.74 $4,346.96 4 13600 N INDIAN RIVER DR $5,845.74 $4,346.96 D 5 13605 N INDIAN RIVER DR $5,845.74 $4,346.96 6 13610 N INDIAN RIVER DR $5,845.74 $4,346.96 3 7 13615 N INDIAN RIVER DR $5,845.74 $4,346.96 3 8 13620 N INDIAN RIVER DR $5,845.74 $4,346.96 M 9 13630 N INDIAN RIVER DR $5,845.74 $4,346.96 0 10 13635 N INDIAN RIVER DR $5,845.74 $4,346.96 3 Sub Total = $58,457.40 $43,469.63 ....r''r_r3�2n.'•:moi -'3'' .iax• - .=: � ^,Y a. •.�y.. i ' ;.y l:_ •e-'.§: :i: =i+s-A14iat'z 'TZ<3''a:. .;i:E.v •,i. �"4> •:iRir .9 �..,��"� �.._4c: - .y'`_£:~ s;��.^. -�*: -.l _ �� ..0 1" _'_. r.;;V Y- 'i e.: •� 4'F' i'S. q .�9x:. r:ix `.2 .lig a`�- a'_ -'s' f a, "3--'.'. :1-',�. `;:� 11 13645 N INDIAN RIVER DR $5,845.74 $4,346.96 12 13650 N INDIAN RIVER DR $5,845.74 $4,346.96 13 13655 N INDIAN RIVER DR $5,845.74 $4,346.96 < 0 14 13660 N INDIAN RIVER DR $5,845.74 $4,346.96 15 13665 N INDIAN RIVER DR $5,845.74 $4,346.96 16 13670 N INDIAN RIVER DR $5,845.74 $4,346.96 17 13680 N INDIAN RIVER DR $5,845.74 $4,346.96 0 18 13690 N INDIAN RIVER DR $5,845.74 $4,346.96 0 19 13725 N INDIAN RIVER DR $5,845.74 $4,346.96 Sub Total = $52,611.66 $39,122.66 Indian River County Portion = $51,146.02 $38,156.67 Total Project Cost = $162,215.08 $120,748.96 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\As-Built Resolution\Agenda Indian River Drive Res IV -Rev 2.doc Page 2of5 282 The contractor, General Underground, L.L.C., has been paid $83,839.46 to date. The application for final payment no.3 was received February 8, 2016 for a total amount of $8,376.00. This brings the total contract amount to $92,215.46, which is $31,563.90 under budget, almost a 25% savings. FUNDING: Funds for this project are derived from a combination of assessment funds and the capital fund. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for expansion or construction of the facilities, and that additional growth will benefit from the expansion or construction of the facilities. SCENARIO NO.3 DESCRIPTION ACCOUNT NUMBER AMOUNT Indian River Drive Water 473-169000-06510 d Legal N $ 43,469.63 Assessment -Scenario No. 3 i} Indian River Drive Water Line 472-169000-06510 $ 77,279.33 Extension to Roseland Road Once the subject item has been approved by the BCC, property owners along North Indian River Drive will be able to apply for County water service. As shown in Attachment 1, parcel owners have 90 days from the passage of Resolution IV to pay off their assessment portion. Alternatively, they can choose to finance these costs for up to 10 years at the current interest rate of 5% per year as set by the Board on January 16, 2016. RECOMMENDATION: Staff requests authorization from the BCC for the following: 1) Adopt Resolution IV, with a per parcel cost of $4,346.96. 2) Approve application for payment no. 3, Final Pay in the amount of $8,376.00 to General Underground L.L.C. Payment of $8,376.00 to General Underground L.L.C. will release any further obligations of the Contractor by the County. ATTACHMENT(s): 1. As Built -Final Resolution IV 2. Final Project Cost 3. Final Pay to General Underground L.L.C. 4. Change Order Decrease No. 1 Josekh A. Baird, County Administrator or: A" b, � ad/la Date Indian River Co. Appr Date Administration d Legal N Budget Utilities i} Utilities- Finance. F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\As-Built Resolution\Agenda Indian River Drive Res IV -Rev 2.doc Page 3 of 5 283 As Buift (Final Reso.) RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS IN CONNECTION WITH WATER MAIN EXTENSION FROM 13580 TO AND INCLUDING 13635 NORTH INDIAN RIVER DRIVE (ALSO KNOWN AS RIVERSIDE DRIVE) IN INDIAN RIVER COUNTY, FLORIDA, AND SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County ("Board") determined that water main extension benefitting properties located from 13580 to and including 13635 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida (the "Project"), is necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, March 10, 2015, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the Board adopted Resolution No. 2015- 037, which confirmed the special assessment cost per parcel specially benefited by the Project; and WHEREAS, now that the Project has been completed, the Director of Utility Services has certified the actual "as -built" cost to be less than the cost in confirming Resolution No. 2015-037, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessment imposed per parcel shall be $4,346.96. 2. To avoid interest and penalty charges, payment may be made within ninety days after passage of this resolution (Resolution No. 2016-____). 3. Payments bearing interest at the rate of 5.00% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is the date of passage of this resolution. 4. The final assessment roll for the Project listed in Resolution No. 2015-037 shall be as shown on the attached Exhibit "A." 5. The assessments, as shown on the attached Exhibit 'A" shall stand confirmed, and will remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 284 RESOLUTION NO. 2016- 6 The assessments shown on Exhibit "A," attached to Resolution No. 2015-037, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The 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 Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2016. Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 10 Deputy Clerk A r v or for nd I 1I/(ehcy: '15ilan Reingold, County Attorney 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 2 Bob Solari, Chairman SCHEDULE OF BID ITEMS -A Indian River Drive- Scenario No.3 BID NUMBER 2015029 L PROJECT COST Date: February 20, 2016 Bid Bid Item Estimated Unit of Item No. Description Quantity Measure Installed Cost Unit Total Pri I Price 1 Install 8" PVC Water Main 14 LF 33.10 $463.40 2 Install 8" HDPE Directional Bore Including Fusion of MJ Adaptors and Pipe 647 LF 33.10 $21,415.70 3 Driveway Bores 0 LF 33.10 $0.00 4 Install 8" NRS Resilient Seated Gate Valve and Box 1 EA 1,600.00 $1,600.00 5 Install Water Service - Single Short w/Yoke & Box 4 EA 925.00 $3,700.00 6 Install Water Service - Double Short w/Yoke & Box 3 EA 1,800.00 $5,400.00 7 Install Water Service - Single Long w/Yoke & Box 1 EA 925.00 $925.00 8 Install Water Service - Double Long w/Yoke & Box 2 EA 1,800.00 $3,600.00 Subtotal Water System $37,104.10 9 Install 8" HDPE Directional Bore Including Fusion of 1,040 LF MJ Adaptors and Pipe $33.10 $34,424.00 10 Install Water Service - Single Short w/Yoke & Box 1 EA $925.00 $925.00 it Install Water Service - Double Short w/Yoke & Box_ 1 EA $1,800.00 $1,800.00 12 Install Water Service - Single Long w/Yoke & Box 3 EA $925.00 $2,775.00 13 Install New Fire Hydrant Assembly with 6" Gate Valve 1 EA and Box $4,000.00 $4,000.00 Subtotal Water System $43,924.00 14 Public Construction Bond 1 LS $2,882.76 $2,882.76 15 Mobilization, Demobilization, MOT 1.00 LS $4,804.60 $4,804.60 16 Contingency (Relocate 5 existing water services) 1.00 LS 3,500.00 $3,500.00 Subtotal Mob., Demob., & MO $92,215.46 Engineering & Administration 1.00 LS $4,000.00 $4,000.00 Surveying 1.00 LS $19,250.00 $19,250.00 Geotechnical Testing 1.00 LS $1,985.00 $1,985.00 Bidding & Award 1.00 LS $1,648.50 $1,648.50 Permitting 1.00 LS $650.00 $650.00 Construction Services 1.00 LS $1,000.00 $1,000.00 TOTAL 11 1 $120,748.9611 ATTACHMENT NO. 2 286 APPLICATION AND CERTIFICATION FOR PAYMENT AIA DOCUMENT G702 TO OWNEI Indian River County; Department of UdUry PROJECT: 2015029 APPLICATION NO: Final Services PERIOD TO: 713/2016 PAGE I OF 1 Distribution to: X OWNER X ARCFDTECT X CONTRACTOR FROM CONTRACTOR. VIA ARCHPrECf- $ 113,779.36 2. Net change by Change Orders $ 0.00 General Underground E 123,779.36 4. TOTAL COMPLETED & STORED TO S 92,215.46 7650 NW 50th St PROJECT NOS. UCPk4109 Chiefland , Fl 32626 CONTRACT FOR. CONTRACTDATE: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the bat of the Contractors knowledge. Application is made far payment, as shown below, in connection with the Contract iofotmation and belief the Work covered by this Application for Payment has been Continuation Sheet. AIA Document 0703, is attached. completed in accordance with the Contract Documents, that all amounts have been paid by Total Retainage (Lines 5a + 5b or the Contractor for Work for which previous Certificates for Payment were issued and Total in Column 1 of G703) payments received from the Owner, and that current payment shown herein is now due. 1 ORIGINAL CONTRACT SUM $ 113,779.36 2. Net change by Change Orders $ 0.00 3. CONTRACT SUM TO DATE (Line I t 2) E 123,779.36 4. TOTAL COMPLETED & STORED TO S 92,215.46 DATE (Column G on G703) 5. RETAINAGE: a. L % of Completed Work $ $0.00 (Column D + E on G703) b. % of Stored Material S included in above (Column F on G703) Total Retainage (Lines 5a + 5b or Total in Column 1 of G703) $ 0.00 6. TOTAL EARNED LESS RETAINAGE $ 92,215.46 (Line 4 Less Line 5 Total) 7 LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) S 83,839.46 8. CURRENT PAYMENT DUE 8,376.00 9 BALANCE TO FINISH, INCLUDING RETAINAGE S 31,563.90 (Line 3 less Uoe 6) Total changes approved Total Order CONTRACTOR: General Underground C. By Data: 213/2016 State of:1� I�r. , ^ County or' Z -C (4 r°` � ;;'A�4 MAGGIE MING Subscribed an ore me rids 'D V.� day of arc f '� MY COMMISSION # FF 218581 Notary Public: N _I My Commission expires: '61ap��1 ? EXPIRES: APdI 8, 2019 +'0,0,4 Bonded Thru Budget Notary Serikei ARCHITECTS CERTIFICATE FOR PAYMENT in accordance with the Contract Documents, based on on-site observations and the data comprising the application, the Architect cenifies to the Owner that to the best of the ArchIteCVA knowledge, information and belief the work has progressed as indicated the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTTFTED (Attach explanation Ifamount certfffed doers from the amount applied. Initial allfigures on this Application and onthe Continuation Sheet that are changed to eogf6 m with the amount certified.) ARCHITECT By Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. issuance, payment and acceptance of payment are without AIA DOCUMENT 0702 • APPLICATION AND CERTIFICATION FOR PAYMENT • 19107 EDITION AIA • 01002 THE AMERICAN INSTITUTE OF ARC MnTCM 1735 NEW YORK AVE, N.W., WASHINGTON, DO 7000"" Users may obtain validation of this document by requesting a completed AIA Document D401 - Certification of Document's Authenticity from the Licensee. �1 Item Description Estimated Quantity Unit Price Total QUANTITY COST Quantity COST QUANTITY TOTAL COST % Complete Part A CONTRACT QUANTITIES COMPLETED THROUGH LAST PERIOD COMPLETE THIS PERIOD WORK COMPLETED TO DATE 1 Install 8" PVC Water Main $33.10 Install 8" HDPE Directional Bore 2 Including Fusion of MJ Adaptors and 14 Pipe 3 Driveway Bores 0.028 Install 8" NRS Resilient Seated Gate 4 Valve and Box $ Install 8" DI Water Main at Sewer 5 Lateral Crossing 0 Install Water Service -Single Short 6 w/Yoke & Box 5399/6 Install Water Service -Double Short 7 w/Yoke & Box $ Install Water Service -Single Long 8 w/Yoke & Box 0 Install Water Service -Double Long 9 w/Yoke & Box 500 LF $33.10 $ 16,550.00 0 $0.D0 14 $463.40 14 $463.40 0.028 120 LF $33.10 $ 3,972.00 647 $21,415.70 0 $0.00 847 $21,415.70 5399/6 40 LF $33.10 $ 1,324.00 0 $0.00 0 $0.00 0 $0.00 01/6 1 EA $1,600.00 $ 1,600.00 1 $1,600.00 0 $0.00 1 $1,600.00 100% 60 LF $33.00 $ 1,980.00 0 $0.00 0 $0.00 0 $0.00 0% 4 EA $925.00 $ 3,700.00 4 $3,700.00 0 $0.00 4 $3,700.00 100% 2 EA $1,800.00 $ 3,600.00 3 $5.400.00 0 $0.00 3 $5,400.00 150% 1 EA $925.00 $ 925.00 1 $925.00 0 $0.00 1 $925.00 100% 2 EA $1,800.00 $ 3,600.00 2 $3,600.00 0 $0.00 2 $3,600.00 100% Part A TOTAL 37,25 1.00 1 install 8" PVC Water Main $33.10 1 Total $37,104.10 Last Period $36,640.70 This Period $483.40 Item Description Estimated Quantity Unit Price Total QUANTITY COST Quantity COST QUANTITY TOTAL COST %complete Part 8 CONTRACT QUANTITIES COMPLETED THROUGH LAST PERIOD COMPLETE THIS PERIOD WORKOMPLETED TO DATE 6 Install Water Service -Single Short w/Yok $34,424.00 Install Water Service -Double Short 1 install 8" PVC Water Main $33.10 Install 8" HDPE Directional Bore 2 Including Fusion of MJ Adaptors and 0 Pipe 3 Driveway Bores 4 Install 8" NR5 Resilient Seated Gate Valv 5 Install 8" DI Water Main at Sewer Latera 6 Install Water Service -Single Short w/Yok $34,424.00 Install Water Service -Double Short 7 w/Yoke & Box 8 Install Water Service -Single Long w/Yok 40 install Water Service -Double Long 9 w/Yoke & Box 0 Install New Fire Hydrant Assembly with 10 6" Gate Valve and Box 11 Public Construction Bond 12 Mobilization, Demobilization, MOT (Do Not Exceed Amount Per Section 01025) Force Account 1,150 LF $33.10 $38,065.00 0 $0.00 0 $0.00 0 $0.00 0% 130 LF $33.10 $4,303.00 1040 $34,424.00 0 $0.00 1040 $34,424.00 800% 40 LF $33.10 $1,324.00 0 $0.00 0 $0.00 0 $0.00 0% 1 EA $11600.00 51,600.00 0 $0.00 fro $0.00 0 $0.00 0% 40 LF $33.10 $1,324.00 0 $0.00 0 $0.00 0 $0.00 0% 1 EA $925.00 5925.00 1 $925.00 0 $0.00 1 $925.00 100% 1 EA $1,800.00 $1,800.00 1 $1,800.00 0 $0.00 1 $1,800.00 100% 4 EA $925.00 $3,700.00 3 $2,775.00 0 $0.00 1 3 $2,775.00 75% 1 EA S1,800.00 $11800.00 0 $0.00 0 $0.00 0 $0.00 0% 1 EA $4,000.00 $4,000.001 1 $1.00 0 $0.00 1 $4,000.00 100% Part B TOTAL $58.841.00 1 Last Period $39.9 .00 This Period $0.00 To1el 3 824,00 1 LS $2,882.76 $2,882.76 1 $2,882.76 0 $0.00 t $2,882.76 100% 1 LS 1 $4,804.60 0 $0.00 1 $4,804.60 100% $4,804.60 $4,804.60 V.00 0% 1 20,000.00 0 $0.00 0 $0.00 Relocate 5 Exsistin0 Water Services 5 EA 700 $ 3.500.00 0 $0.00 5 $3.500.00 5 $3,500.00 Bond, Mobilization & Force Account $27,687.36 $7,687,36 $3.500.00 $11,187.36 TOTAL BID AMOUNT (A.8+11+12+FORCE ACCOUNT) $123.779.38 1 Last Pedod $ 84,253.08 1 This Period $ 3,963.40 1 Total $ 92,215.46 74% N 00 00 D Final Change order.doc DATE OF ISSUANCE: March 1, 2016 No. 1 EFFECTIVE DATE: March 1. 2016 OWNER: Indian River County CONTRACTOR General Underground LLC Project: Water Main Assessment Project Within North Indian River Drive OWNER's Project No. 4109 You are directed to make the following changes in the Contract Documents* Description: Final changes to contract. Reason for Change Order: Reflect decreased project cost resulting from competitive contractor and value engineering Attachments: (List documents supporting change) N/A CHANGE IN CONTRACT PRICE: Time Description Amount Original Contract Price $123.779.36 Net Increase (Decrease) $0 from previous Change Orders No. N/A to N/A: (days) Contract Price prior to this $123,779.36 Change Order. 0 Net increase (decrease) of $(31,563.90) this Change Order: (days or dates) Contract Price with all 15.46 $92,215.46 approved Change Orders: 120 CHANGE IN CONTRACT TIMES -Description Time Original Contract Time. (days or dates) Substantial Completion: 90 Final Completion: 120 Net change from previous Change Orders No. N/A to/A/A: (days) Substantial Completion: 0 Final Completion: 0 Contract Time prior to this Change Order. (days or dates) Substantial Completion: 90 Final Completion: 120 Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 90 Final Completion: 120 ACCEPTED: RECOMMENDED: 'r By: CONTRACTOR (Signature) ENGINEER (Signatun w,1a4(lu I I Date: 2/ 2 y // L APPROVED: By: OWNER (Signature) Change ORaer - 1 289 FINAL ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel 111 '30-38-25-00000-0050-00010.0 Assessment $4,346.96 Owner GAFFNEY, JOHN D - Secondary owner Mailing Address ---.- 13620 N INDIAN RIVER DR SEBASTIAN, FL 32958 Legal SELY 100 FT OF PART OF LOTS 5 & 7; LYING E OF OLD-D/H ASIND BK 42; - PP - 479; LYING E OF U S H . WY NO 1, AS IN D'BK 8-3, 131 ilte Address 13620 & 13622 N INDIAN RIVER DR t EXHIB-I T ''A" 2124 "20 1 '290 F \u-:1lifiv5\!;TlUTy - F.,j E'ring\Pfojects - A;5e5srnent 201z Roseland Rd to Inlet Condo,',BCC Agenda lterns\A;-f'..iI! Revised Parcel # Owner 30-38-25-00000-0050-00009.0 Assessment $4,346.96 JOLCCi, SAMUEL E Secondary Owner Mailing Address 13590 INDIAN RIVER - DR SEBASTIAN, FL 32958 .Legal FROM AN IRON PIPE ON THE N EDGE OF . THE PAVING OF THE ROAD LEADING FROM STATE R# 4 TO THE TOWN OF ROSELAND; & ON THE CENTERLINE OF OLD DIXIE HWY; RUN'S 20 DEG 08 MIN E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST Of 1270.1 FT MORE OR LESS; THENCE RUN N 59 DEG 09 MIN E A DIST OF 2-5- FT TO THE NW COR_ OF LOT 8; INLET VIEW SUB; THENCE CONT N 59 -MIN DEG 099 E ALONG THE N LINE OF SAID LOT 8 A'DIST OF 244.4 FT TO THE *POB; -THENCE RUN A LONG THE SAME BEARING & ALONG THE N LINE OF LOT 6 OF INLET VIEW SUB TOA POINT ON THE WR/W LINE OU S HWY# 1; THENC E RUN NWLY & ALONG THE W lk/Mi LIN E'OF U S'HWY #* 1-108.-38 FT; THENCE RUN 59DEG09MINW PARALLEL TO THE N 5 LINE OF LOT 6 A DIST OF 209 FT THENCE RUN SELY-TO THE POB; -(OR BK 488 PP 889) Site Address 13615 & 13625 N INDIAN RIVER DR Parcel 111 '30-38-25-00000-0050-00010.0 Assessment $4,346.96 Owner GAFFNEY, JOHN D - Secondary owner Mailing Address ---.- 13620 N INDIAN RIVER DR SEBASTIAN, FL 32958 Legal SELY 100 FT OF PART OF LOTS 5 & 7; LYING E OF OLD-D/H ASIND BK 42; - PP - 479; LYING E OF U S H . WY NO 1, AS IN D'BK 8-3, 131 ilte Address 13620 & 13622 N INDIAN RIVER DR t EXHIB-I T ''A" 2124 "20 1 '290 F \u-:1lifiv5\!;TlUTy - F.,j E'ring\Pfojects - A;5e5srnent 201z Roseland Rd to Inlet Condo,',BCC Agenda lterns\A;-f'..iI! Revised FINAL ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel N ...... 30-38-25-00000-0050-00011.0 Assessment = $4,346.96 Owner INDIAN RIDGE CORPORATION, :Secondary Owner 'Mailing Address 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 Legal ALL OF THE F'OLL-DES -PROPERTY LYING WLY 0 F OLD US HWY #1 (NKA RIVERSIDE DR): COM AT AN IRON PIPE ON THE N EDGE OF THE PAV N OF THE RD LEADING FROM I G RD NO 4 TO THE-TWN OF'RO'S'ELAND & ON'THE CENTERLINE OF THE OLD Dl'X*IE HWY RUN S 20 DEG 08 Ml N-00 SEC E ALONG THE CENTERLINE OF THE "HWY OLD DIXIE -A DIST *OF -1068.-63 FT; TH RUN N 59 DEG 06 MI N 00 SEC E A DIST OF 2 15.50-FfFOR -THE -POB; THRUNN 59DEG09 MIN 00 SEC E TO THE INDIAN RIVER (FOR NLY LINE); TH RUN S W L Y ALONG THE IR T 0 A PT ON THE W SHORE OF THE IR WHICH WOULD BE A DIST OF98.38 FT FROM THE PREVIOUS PT MEASURED ON A LI NE PARA TO THE CENTERL - INE 6i'OLD 6S HWY 111 AS IT EXIST ON THE DATE OF THISDEED (RIVERSIDE DR* ROUTE); TH RUN S 59 DEG 09 MIN 00 SEC W TO THE E E6Y-LiNE OF'OLD -US HWY #1;& WHICH - PT IS -- -E -61 8" 8 . 9 3FT S LY FROM NLY LINE F SAID PROPERTY MEASURED ALO NG THE E R/W LINE OF 0 LD US'HWY 'ill; -fH'RUN NWLY ALONG THE . E R/ W LINE OF OLD US HWY #1 A DIST OF 8.38FT; TH RUN S 59 DEG - 09 MIN oo!;iE-W'-'f6'A- P' T WHICH 15 209.00 FT W OF THE W R/W LINE OF US HWY ill; TH RUN NWLY ON A LINE PARA WITH THE W R/W L — INEOFOLDUSHWviii DIST OF 90.00 FT TO THE POB Site Address 13635 & 13637 N INDIAN RIVER DR Parcel It 30-38-25-00000-0050- 00012.0 -- -•-----.. - I -- -- --- Assessment $4,346.96. Owner OLES, RALPH & SALLY Secondary Owner Mailing Address 13630 N INDIAN RIVER DR SEBASTIAN, Fl. 32958 Legal N 98.38 FT OF THAT PART LYING BETWEEN PAROF LOTS --5 & 7,-LYI W6'C61F' OLD D114 ASR - BK9;PP294&RBK180 PP ;lte Address 13630 N INDIAN RIVER DR P,' Engifieering\PrOjeCES Asst:.sni--rit Praj_--\LICOASsessnnenls .:'L Roseland Rd to 1111,t J: St:6,5t- 1.� CQrldos�BCC Agenda Items ss -Soil: ;"eli. Revisea 291 FINAL ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # 30-38-25-0000-0070:00001.0 Owner C . OALBY - ARMS LLC, Assessment $4,346.96 Secondary Owner Mailing Address 642 EAST RIDGEWOOD ST ORLANDO, FL 32803 Legal FROM INTERSECTION OF S LINE OF INLET VIEW SUB & E R/W LINE OF OLD STATE RD NO 5, ALSO KNOWN A S RIVER ROAD; RUN SELY ALONG SAID E R/W A DIST OF 60.00 F THENCE & PARALLEL TO S LINE OF INLET VIEW SUB TO W BAN K OF (W6 RIV, THENCE CE'* MEANDERING 'NWCiALONG SAID IND RIV TO"S' .LINE OF INLET VIEW SUB, THENCE WLYALONSAIDS LINE OF INL ;CT_VIEW SUB _TOE'R/W"___ 0 . F OLD STATE RD NO 5; . ALSO _ KNOWN AS _ THE RIVER ROAD --T-'O-'THE *-POB; '-A-S-'-R B -K -'1'78 - PP 675 ALSO PARCEL F LAND AS DESC IN R BK 201 PP 644 Site Address 13580 N INDIAN -RIVER DR Parcel # 3G-38-25-ODD04-0000-00006.0 0 . wner F - LIN - NE . L . L . , . JU - DI - A .. (TR) . Assessment $4,346.96 ,Secondary Owner Mailing Address 4685 69TH ST VERO BEACH, FL 32967 . ... . ...... — ---- ---- .Legal PLAT OF INLET VIEW SUBDIVISION !LOT 6, LYING WLY OF US HWY I ----------- PBI 2-64 .Site Address13605 N INDIAN RIVER DR F \Uu1itjes\LqjLjTy - Engineerin-VI-ject, Asscsl.,,,e.t Projec(5\000AisL,S,,111115 2011 Nopoied\!R SeW,non Condos\BCC Ageii:Ja I te.MS\A�-Ouflt R-_JuJon\1R_Pre1im Re,-;sv,2 .-_',t...6x292 FINAL ASSESSMENT ROLL NORTH INDIAN R{\/ER DRIVE 10 LOTS 9wner MCELVEEN, STEPHEN A (TR) & KAREN S (TR) Secondary Owner Mailing Address 13600 N INDIAN RIVER DR Legaii PLAT OF'IN`LET VIEW SUBDIVISION INLET VIEW SUB PBI 2-64 PARCEL OF LAND ION OF N & 5 LINES OF LOT 6 TO IND RIV; ALSO BEG AT PT ON E T IND RIV; ALSO BEG AT PT ON E BDRY LINE OF US NO 1 WHERE SAID LINE . -_BDRY �m��mwu�mux/�� .� ' - '__--_-- --'_ - ---- -- - RUN sm�ALONG ao^LINE cv.SAID xWY.«u.5 Fr THENCE NE ' nowLINE PARALLEL TO - -- - _--' - _-EXTENDED wLINE cFLOT /T»IND mv neNCE�woxmw mvmo�nowsom��nuwu�n - ��u5f7��- ---- - '- - --- ---__ -- ---' - _'' - EXTENDED LINE OFSAID LOT rmPOB; AS ' IN R BK 171 PP 41im��kB��,��5«ab��xtEL OF '-- ----- ' - - ' LAND AS DEoINnBK ' -- 1s��52i6Z��o�mnpd��» � - _ � rEx/WSnmm#ax/mwOLD os*w,o�mwuw�un�rx� . a5�Eos6 M�'��-- - ----- - - - ALONG ELY k/W7LINE ST RD 45 DIST or75._-_ � 05 FTmPOB; mCONT SoDEG 56 MIN �azc��m - �3�� INCH IRON ��; - -''- - - rxPROCEED m5»DEG 24MIN uoSEC E«2. ounrnox*mcxx*wcxcowcx TEmowomEw�r*weues - - _- - '---_ 55wm�azr�� - - .' -- FT,mwoDEG 5/MIN mSEC w76.mF ` T; TH S 65 DEG 22 MIN 39 SEC W 217.26 FT TO POB. Site Address J3608 & 13610 N INDIAN RIVER DR Parcel # 3G-38-25-00004-0000-00006.2 Assessment $4,346.96 !MCELVEEN, STEPHEN A (LE) & KAREN 5 (LE) 'Secondary Owner ;:MCELVEEN, STEPHEN A & KAREN S (TR) W�Iling Address ;13600 N INDIAN RIVER DR SEBASTIAN, FL 32958-3435 Legal 'PLAT OF INLET VIEW SUBDIVISION DEG S6 MIN 30 SEC E 81.8S FT TO A 3/4 INCH IRON PIPE; TH PROCEED N 59 DEG 24 -- - ' --- ------------- ----' - — - - ' - -- ' - ---'- - : SEC E TO A N _-' INCH --INCH . 65 55 30 SEC E ,CONCRETE --.-'__---'_-_----F, ' ��------------------ -- �----- ---- '-- �*w�mas,m�a -' ------------ ------- __.-''-__-___'_� -----'--'---'--'EC __-^__--- ' '_- __ - _- ------ 'SEC W 76.78 FT, TH 5 65 DEG 22 MIN 39 S ! / W 217.26 FT TO POS.---''-----'---- --- - -' ---~' '--- ' --- -------' --' ---' ' - -' -�'--'-- Site Address 'r---------------------�- -- --' -' - -^------- - ---- - - - -'-- - --- o*nnm1»*mwINDIAN RIVER DR' ! FINAL ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS _212111201f fUtifiti,;\U1. MTS- F,;ineerorig\Projects - Assess t- -n I Prvjct 1 2012 Propos _d\lR 5,ive Roseland RJ to Inlet at Seba;tian agenda !terns\As-Built Pe,1oIuIIo;-\IR Prelini Final.xls294 .Parcel k . ..30-38-25-00004-0000-00007.0 Assessment $4,346.96' Owner D OUBLE_R & D IN'C,' - Secondary Owner .Mailing Address ;C/O CAROL HESS 1335 SHORELINE CIRCLE - SEBASTIAN,FL 32958 Legal PLAT OF INLET VIEW SUBDIVISION LOT 7, LYING WLY OF US HWY 1 PBI 2-64 - Site Address = 13595 N INDIAN RIVER DR Parcel # 30-38-25-00004-0000-00007.1 Assessment = $4,346.96 Owner JOLLEY, SAMUEL E & RUTH ANN Secondary Owner Mailing Address 13590 N INDIAN RIVER DR' SEBASTIAN, FL 32958 Legal PLAT OF INLET VIEW SUBDIVISION PBI 2-64 PAR OF LAND BTW US HWY 1 & IND RIV BNDED ON N & S BY EXT OF N-5 LINE OF LOT 7 TO IND RIV ,LESS B, 0* -0-N, --- E_, ALSO PARC DESC IN OR BK 201 PP 64 (OR BK 423 PP 55 Site Address 14590 N INDIAN RIVER DR _212111201f fUtifiti,;\U1. MTS- F,;ineerorig\Projects - Assess t- -n I Prvjct 1 2012 Propos _d\lR 5,ive Roseland RJ to Inlet at Seba;tian agenda !terns\As-Built Pe,1oIuIIo;-\IR Prelini Final.xls294 PROPOSED WATER ASSESSMENT PROJECT ,�,�q�" G�'�f " WE N INDIAN RIVER DRIVE a.k.a RIVERSIDE DRIVE= \ t SCENARIO NO.3 / !Parcel Cost Breakdown for Scenario No.3 iParcel---- t Cost 7675 _1 �No.-!-Pr-opertyAddress i 1 +.13580 N INDIAN RIVER DR i $4,34696 j 2 1113590 N INDIAN RIVER DR __x$4,346.96; 3 11_3595 N INDIAN RIVER DR 1 $4,3_46.96;` ^-• d 13750 113600 N INDIAN RIVER DR $4,346.961 5 :13605 N_ INDIAN RIVER DR $4,346_96' m j _[ 13692 _ 13690 �_ 6 ;13610 N INDIAN RIVER DR _� $4,346.96 3 7 113615 N INDIAN RIVER DR_ j 1113620 N INDIAN RIVER DR $4,346.9_6 $4,346.96 v j 19 13725 8 i ! o 181 9 113630 N INDIAN RIVER DR $4,346.96 .» + L— -- 13690 1 10 113635 N INDIAN RIVER DR j� $4,346.96• i Tota_1 $4_3,469.63 11 _ 113645 N INDIAN RIVER DR j $4,346.961 13680 I 12 11365_0 N INDIAN RIVER DR. $4,346.96' 13 113655 N INDIAN RIVER DR 13680 1�—1�4 113660 N INDIAN RIVER DR_ _l _$4,346.96. j 17 I 15 _ 13665 N INDIAN RIVER DR_ _1_$4,346.96; .2 j 2 13670 6 j13670 N_IN_DIAN RIVER DR -; $4,346.96; c 2 16 1 17_ 113680 N INDIAN RIVER OR _L $4,346.96: 46.18 ,13690 N INDIAN RIVER DR 1 $4,346.96 3 I u-, 14 13660 19 113725 N INDIAN RIVER DR i $4,3961 Total = $39,122.66 _ 13630 p�INDIAN RIVER COUNTY �0 1 1$38,156.67;,13620 15665 �1365020 1PORTION = 12 .13610 Legend 13655 - 7785 13 _ Voluntary Roition 13630 Assessmen't;Area 11 13645 9. \13608 13635 Proposed Rarcels a 8 13620 x 19590 10 13625 13610 y \ 6 13608 13615 13602 4 G' RPNO P7�OG , 13580 •7 13600 13605 13590 2 5 13595 13580 1 3 •13580 _13570 � - 13550 13570 7705 R�0 1$ SjP0?, O 113570 13570 7713 13570 13570 13580 13570 V 13570 13570 13570 E�'1� i aq,4-A-1 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES www.ircutilities.com/Availabi_lity.html 772-770-5300 NOTICE REGARDING WATER AND S The following parcel has certain unique water and approved by the Indian River County Board of Cou contact the Indian River County Department of U these costs. (`''4. LEGAL DESCRIPTION: PARCEL I.D. NO.: SITE ADDRESS: NAME(S) OF OWNER(S): Date: STATE OF FLORIDA COUNTY OF INDIAN RIVER NECTION COSTS spit''r- overy costs affiliated with it, as mission Please :es for mor '_ cific information regarding Vincent M. Burke Director of Utility Services INDIAN RIVER COUNTY 180127' Street Vero Beach, FL 32960 The foregoing was acknowledged before me this day of , 2016, by Vincent M. Burke, Director of Utility Services for Indian River County, who executed with full authority of the Indian River County Board of County Commissioners. He is personally known to me. [SEAL] NOTARY PUBLIC: Sign: printed name: Commission No.: Commission Expiration: aqq-A-a Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County _Attorney County Attorney's Matters - B. CC 3.1.16 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 19, 2016 ATTORNEY l3A SUBJECT: Request for Closed Attorney -Client Session Relating to Indian River County vs. Turner Construction Company et al. (Case No.: 312011 CA002999) 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 to be held on March 15, 2016 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, outside counsel, Casey Walker and Wil Murphy, and a certified court reporter. Reasonable public notice will be given of the session. It is estimated that the session will last approximately 45 minutes. RECOMMENDATION. The County Attorney recommends that the Board schedule a closed attorney-client session to occur at 10:30 AM on March 15, 2016. APPROVED FOR MARCH 1, 2016 B.C.C. MEETING —ATTORNE '- MATTERS COUNTYATTORNEY Indian River Co. Approved Dat Admin Co. A Budget -7 2506 De t. - --- Risk Mgr. --- --- M Dvian Retngold, County Attorney William K. DeBraal, Deputy Counnv Attornex- Kate Ptngolt Cotner, Assistant Count• Attorney County Attornci,'s Matters - B.0 C. 3.1.16 Office of J INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 26, 2016 ATTORNEY SUBJECT: Places of Worship Administrative Permit Use and Special Exception Use Review BACKGROUND Places of worship are defined in Section 901.03 of the Indian River County Code of Ordinances (the "Code") as "churches, ecclesiastical or denominational organizations, or established physical places for religious activities in this state at which nonprofit religious services and activities are regularly conducted and carried on, and shall also mean church cemeteries." Currently, places of worship are permitted by right in several commercial districts, PRO (Professional office district), OCR (Office, commercial, residential district), CL (Limited commercial district), CG (General commercial district) and the CH (Heavy commercial district).. Places of worship are also allowed as an administrative permit use in the two mobile home districts, RMH-6 and RMH-8, and also two multifamily districts, RM -8 and RM -10. Places of worship are allowed as a special exception use in all of the agricultural and rural districts and all of the single family districts and three multi -family districts, RM -3, RM -4 and RM -6. Places of worship are not allowed in the conservation and industrial districts nor in two commercial districts, MED (Medical district) and CN (Neighborhood commercial district). APPROVED FOR MARCH 1, 2016 B.C.C. MEETING — ATT'ORNEY'S MATTERS ..................... COUNTY ATTORNEY 296 Indian River Co. A oved Date Admin. Co. Atty. Budget 6 Dept. 2!0 l& Risk Mgr. --- --- 296 Board of County Commissioners January 26. 2016 Page Two Per Section 971.28(5) of the Code, places of worship have the same specific criteria for both a use as an administrative permit use and as a special exception use. Those criteria establish setback, location/access and buffer requirements. See attached Section 971.28(5) of the Code. Administrative permit uses and special exception uses are governed by different general criteria. Administrative permit uses are reviewed and approved by either Community Development Department staff or the planning and zoning commission. Depending upon the use, either Community Development Department staff or the planning and zoning commission "may attach to its approval of an administrative permit any reasonable conditions, limitations or requirements which are found necessary in its judgment to effectuate the purposes of" the general criteria "and carry out the spirit and purpose of the chapter." See attached Section 971.04 of the Code. Administrative permit uses cannot be approved by the Community Development Department staff or the planning and zoning commission unless, 1) the use is in compliance with the specific criteria applicable to the use and all other applicable regulations, and 2) the proposed use is determined to be consistent with the Comprehensive Plan. Special exception uses are governed by Section 971.05 of the Code. See attached Section 971.05 of the Code. Special exception uses require approval by the Indian River County Board of County Commissioners (the "Board"). In granting a special exception use, the Board may prescribe appropriate special conditions and safeguards to ensure that the use is compatible with surrounding uses in the district. Such conditions and safeguards may include, but are not limited to, 1) time limitations, 2) posting of a guarantee or bond, and 3) establishment of additional buffers or setbacks. Unlike administrative permit use review, in its review of a special exception use request, the Board must look at more than specific criteria. In the case of a special exception use, the Board must make findings that there is adequate access, utilities, buffering, setbacks and open space for the project associated with the special exception use. In addition, the Board must make findings under the subjective general criteria as set forth below: 1. Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all applicable regulations within this chapter. 2. Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area, based on consideration of such potential impacts as traffic generation, drainage, nuisance impacts, lighting, appearance, and other factors potentially impacting the character and stability of the surrounding area. No adverse impacts on public health, safety, and general welfare. The proposed use and its location and method of operation shall promote the public health, safety, and general welfare. The proposal shall include any landscape and structural improvements, public !•` drrwrnq� Linda'GE�FRiL'B COdgenda.lfrmas'Plncrr of IlbrrhlP.doc 297 Board of County Commissioners January 26, 2016 Page Three facility expansions, and operational restrictions or procedures required to effectively mitigate potential negative impacts of the use. 4. Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such factors as impact on public facilities, preservation of neighborhood integrity, and similar factors impacting orderly development of the area. See Section 971.05 of the Code. Recent federal caselaw has called into question whether places of worship, which involves First Amendment rights, can be reviewed and approved through special exception processes which contain subjective criteria. Places of worship under the federal caselaw are entitled to First Amendment protections and subjecting places of worship to subjective criteria has been found to be constitutionally impermissible. In a case involving the City of Hollywood, the United States District Court for the Southern District of Florida determined that the City of Hollywood's special exception review for a place of worship constituted an unconstitutional prior restraint as it lacked "narrow, objective, and definite standards" to guide local officials in the review of such applications. Hollywood Community Synagogue, Inc. v. City of Hollywood et al., 436 F.Supp.2d 1325, 1336 (S.D.Fla. 2006). The County Attorney's Office has coordinated with the Community Development Department on this issue and requests authorization to continue coordinating with the Community Development Department and draft an ordinance which addresses the review of places of worship. At this time, the County Attorney's Office recommends that the ordinance include an amendment to the land development regulations which replaces places of worship special exception use approval with administrative permit use approval and modifies Section 971.28(5) of the Code to the extent necessary. If authorized to draft such an ordinance, the County Attorney's Office would bring the ordinance back to the Board for review and comment before proceeding with setting public hearings. The County does have one potential place of worship request that has been through a pre -application review and would be subject to the special exception use process and criteria under the current Code as it is located in the A-1 zoning district. I would recommend that the County provide the applicant of the option of 1) moving forward under the current Code with the formal acknowledgement that the process is under review, or 2) waiting until the Board considers whether to adopt an amendment to the Code concerning the issue. FUNDING There is no funding associated with this item. Ft4—,y4do'1GEVFA4L'B C C•.ag,.dn.%fe ,PMa offf—hip d- 298 Board or County Commissioners January 26, 2016 Page Four RECOMMENDATION The County Attorney recommends that the Board authorize the County Attorney and the Community Development Department to draft an ordinance which addresses the review of places of worship, including an amendment to the land development regulations which 1) replaces places of worship special exception use approval with administrative permit use approval and 2) modifies Section 971.28(5) of the Code, if necessary. The County Attorney also recommends, that if the Board wishes to direct staff to draft an ordinance, that the County provide any current applicant of the option of 1) moving forward under the current Code with the formal acknowledgement that the process is under review, or 2) waiting until the Board considers whether to adopt an amendment to the Code. ATTACHMENTS Section 971.28(5) of the Code Section 971.04 of the Code Section 971.05 of the Code. F'.inomn�ll�da'GE�'FRU.'B CC�.�grnda.11rmorPfacer of flbrrhipdor 299 Section 971.28. - Institutional uses. (5) Places of worship (administrative permit and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971 04) RM -8 RM -10 RMH-6 RMH-8 CRVP (b) Districts requiring special exception (pursuant to the provisions of [section] 971 05) A-1 A-2 A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 ROSE -4 AIR -1 (c) Additional information requirements The site plan shall denote the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914 (d) Criteria for places of worship. No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property; Access shall be from a major thoroughfare unless otherwise approved by the public works department; 3 Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations, 4. A Type "B" buffer shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially zoned property. A Type "C" buffer shall be provided along all property boundaries when the facility is located adjacent to a multiple -family residentially zoned property or agriculturally zoned property having a residential land use designation. a. The board of county commissioners may waive or reduce the buffer requirements where the place of worship is located next to an existing cemetery, place of worship, child care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts Where a waiver or a buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. 5 Where a place of worship is located adjacent to an active agricultural operation, an "active agriculture" buffer as set forth in subsection 911.04(3)(c)6 shall be provided between the adjacent active agricultural operation and the place of worship building and parking facility. Page 1 300 Section 971.04. - Review of uses requiring an administrative permit. (1) Administrative permit uses requiring planning and zoning commission approval. (a) Purpose and intent. This section is established to provide for the approval of administrative permits by the planning and zoning commission. Administrative permit approval is required for certain activities which, because of their scale, duration or nature, would not generally have an adverse impact on their surroundings when regulated in accord with the standards set forth in this chapter. Unless otherwise specified in sections 971 07 through 971.45 for particular uses, administrative permit requests shall be reviewed for approval by the planning and zoning commission. (b) Establishment of uses requiring administrative permits. The district regulations of Chapter 911, Zoning, specify those uses which require an administrative permit. Such uses shall be permitted only after being approved pursuant to the procedures established in this section and only after satisfying the specific use criteria established in this chapter. (c) Authorization The planning and zoning commission is hereby authorized to decide all applications for administrative permits, as set forth in these provisions, subsequent to a recommendation by the community development director. (d) Conditions and safeguards. The planning and zoning commission may attach to its approval of an administrative permit any reasonable conditions, limitations or requirements which are found necessary in its judgment to effectuate the purposes of this section and carry out the spirit and purpose of the chapter. (e) Procedures for review of uses requiring administrative permits Uses requiring an administrative permit shall be reviewed by the planning and zoning commission, pursuant to the procedures and notice requirements established in Chapter 914, Site Plans. (f) Standards No administrative permit shall be approved by the planning and zoning commission unless 1. Specific requirements. The proposal is in compliance with all applicable specific land use regulations of Chapter 971 and all other applicable regulations 2 Comprehensive plan. The, proposal is determined to be consistent with the Indian River County Comprehensive Plan. (g) Status of decisions Actions taken by the planning and zoning commission regarding administrative permits shall be deemed final unless appealed to the board of county commissioners, pursuant to the site plan appeal procedures of Chapter 914 (2) Administrative permit uses approved at staff level. As indicated in sections 971.07 through 971 45, certain specific administrative permit uses shall be reviewed and approved at a staff level Such uses may be approve by the community development director or his designee when accompanied by an administrative approval site plan request. When accompanied by a request reviewed as a minor site plan, such uses may be approved by the technical review committee. Staff shall apply conditions and safeguards and standards as stated in section 971.04(1), above Actions taken by staff shall be final unless appealed, pursuant to the site plan appeal procedures set forth in Chapter 914. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, §§ 15A, 18, 5-31-95) Page 1 301 Section 971.05. - Review of uses requiring a special exception. (1) Purpose and intent. This section is intended to identify the procedures and reference the specific criteria for considering the approval of special exception uses The procedures established herein are intended to ensure that a careful examination and findings of fact will be made by appropriate county entities during the review of special exception uses Such review shall consider the nature, extent and potential external impacts associated with special exception uses (2) Establishment of special exception uses (a) Special exception uses, generally. Special exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district. (b) Special exception uses, specifically The zoning districts which are established in Chapter 911 designate those uses and activities which shall be regulated as special exception uses. Those uses which are designated as special exception uses shall be permitted only after being approved pursuant to the procedures established in this section and further satisfying the specific use criteria established in this chapter. (3) Expansions and modifications to existing special exception uses that are not planned development projects (PD/PDR) Project applications proposing to expand an existing or approved special exception use to more than ten (10) percent or ten thousand (10,000) square feet of floor area whichever is less, above the original or approved project intensity shall comply with all specific land use criteria contained herein that are specified for the use(s) involved in the proposed project and shall comply with the public hearing procedures of this chapter'(971). Modifications to an existing or approved special exception use that do not expand that use to more than ten (10) percent or to more than ten thousand (10,000) square feet of floor area, whichever is less, above the original or approved project intensity shall comply with all specific land use criteria contained herein that are specified for the use(s) involved in the proposed project. However, the public hearing provisions of this chapter shall not apply Applications for expansions or modifications that conflict with special exception use approval conditions approved by the board -of county commissioners that limit project development intensity shall comply with the public hearing procedures of this chapter (971) Expansions and modifications of planned development projects (PD/PDR) shall be governed by the regulations of Chapter 915, Planned Development (PD) Process and Standards for Development. (4) Special exception uses; approval authority The Indian River County Board of County Commissioners is hereby authorized to decide all applications for special exception uses, subsequent to a recommendation by the planning and zoning commission (5) Conditions and safeguards. In granting any special exception, the board of county commissioners may prescribe appropriate special conditions and safeguards to ensure that the use is compatible with surrounding uses in the district. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of these land development regulations. Such conditions and safeguards may include, but are not limited to (a) Time limitations. Reasonable time limits within which the action for which the special exception is required shall be begun or completed or maintained, as well as provisions for extension or renewals. (b) Guarantees. The posting by the applicant of a guarantee or bond in an appropriate form and reasonable amount. (c) Buffers. The establishment of additional buffers or setbacks as deemed necessary (6) Procedures for review of special exception uses Page 1 302 (a) Pre -application conference. Prior to filing an application for a special exception use approval, the applicant shall confer with the planning and development division staff to discuss informally the requirements of this section and the nature of his proposal. For the purposes of this conference, the applicant shall provide a sketch plan of the proposal drawn to scale, showing the general layout, the relationship to the surrounding area, and the general development proposal. (b) Filing of application. Following the pre -application conference, the applicant may file an application for a special exception use approval, prepared in compliance with the forms on file at the planning division. The appropriate number of applications shall be filed with the planning and development division Site plan required, optional conceptual special exception approval a. Concurrent site plan and special exception approval. Applications for special exception uses shall include a site plan, prepared in accordance with the provisions of Chapter 914, Site Plan Approval, and shall include all additional information required in Chapter 971, regulation for specific land uses. b Conceptual special exception approval. An applicant for special exception approval may elect to submit a conceptual site plan, rather than a complete site plan pursuant to the requirements of Chapter 914 Applicants wishing to obtain special exception approval based on a conceptual site plan shall submit details of the project, as required by the community development director, and a statement that he or she will comply with any conditions which may be attached by the board of county commissioners If the applicant is granted conceptual special exception approval, the approval shall not be considered final until a complete site plan satisfying all conditions of special exception approval has been reviewed and approved pursuant to Chapter 914, Site Plans Request for waivers of modifications. Any requirements of this chapter which the applicant is requesting be waived or modified as may be allowed under this section, shall be clearly indicated by section and paragraph numbers in the application, together with the rationale for the request. Staff review Upon receipt of the application, the community development director shall forward it to all appropriate county reviewing agencies, and shall initiate his review of the application for conformance with the standards of this section The community development director or his designee may require the submission of additional information, as needed, in order to adequately review a complete application. (c) Planning and zoning commission review. Notice and hearing. The planning and zoning commission shall hold a public hearing on the application within a reasonable period of time following its receipt of the application from the director. Notice shall be provided in accordance with the notification requirements for a rezoning 2. Decision. Within a reasonable period of time following the close of the public hearing on the application, the planning and zoning commission shall make its report and recommendation to the board of county commissioners for approval, approval with conditions or denial of the application, stating in writing its reasons for any recommendation of denial (d) Board of county commissioners review. Notice and hearing The board of county commissioners shall hold a public hearing on the application, report, and recommendation of the planning and zoning commission within a reasonable period of time following receipt from the planning and zoning commission Notice shall be provided in accordance with the notification requirements for a rezoning 2. Decision Within a reasonable period of time following the close of the public hearing, the board of county commissioners shall approve, approve with conditions or deny the application, furnishing the applicant a written statement of the reasons for any denial A Page 2 303 special exception use shall be granted upon an affirmative vote of at least a simple majority of the board of county commissioners present. (7) Required finding by the reviewing body Before any application regarding a special exception use shall be approved, the reviewing body shall make a finding that it is empowered under the provisions of this chapter to review the specific use applied for, and that the granting of the special exception will not adversely affect the public interest. The reviewing body shall also make findings certifying that both the general and specific criteria for the review of special exceptions have been satisfied and that adequate special conditions have been imposed to ensure compatibility between the special exception use and surrounding land uses with regard but not limited to. (a) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (b) Off-street parking and loading areas, where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; (c) Utilities with reference to location, availability and compatibility; (d) Screening and buffering with reference to type, dimensions and character; (e) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district; (f) Required yards and other open space, (g) Any special requirements set forth in the zoning district regulations for the particular use involved. (8) Status of decisions. Actions taken by the board of county commissioners regarding the granting of special exceptions along with any appropriate conditions and safeguards shall be deemed final unless an appeal is filed pursuant to the procedures of Chapter 902. (9) General criteria for review of special exception uses. Prior to approval by the board of county commissioners, a special exception use applicant must present evidence of compliance with the below cited general criteria as well as specific criteria for the respective special exception use cited herein in Chapter 971, regulations for specific land uses. The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this chapter requires for approval The applicant shall have the responsibility to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special exception use (a) Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all applicable regulations within this chapter. (b) Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area, based on consideration of such potential impacts as traffic generation, drainage, nuisance impacts, lighting, appearance, and other factors potentially impacting the character and stability of the surrounding area. (c) No adverse impacts on public health, safety, and general welfare The proposed use and its location and method of operation shall promote the public health, safety, and general welfare. The proposal shall include any landscape and structural improvements, public facility expansions, and operational restrictions or procedures required to effectively mitigate potential negative impacts of the use. (d) Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such factors as impact on public facilities, preservation of neighborhood integrity, and similar factors impacting orderly development of the area. Page 3 1 304 (10) Specific criteria for review of special. exception uses. In addition to satisfying the general criteria for reviewing special exception uses as established herein, a special exception use must also be found to satisfy the specific criteria for the particular land use, as established in this chapter (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 23, 2-27-91; Ord. No. 91-48, § 85, 12-4-91; Ord. No. 93-29, § 6, 9-7-93) Page 4 305 BCC AGENDA March 1, 2016 ITEM 14.A (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 24, 2016 SUBJECT: FPL Okeechobee Energy Center (FPL -OEC) FROM: Commissioner Bob Solari County Staff has been following the permitting process of the FPL -OEC and I believe that it is time to make the process and questions that Staff has come up with a bit more transparent. The purpose of this item today is simply to start making more information available to any interested parties and to try to insure that all appropriate questions are asked and concerns addressed during the permitting process. There are two questions of particular interest, which I have heard raised on a number of occasions: 1. Is it appropriate to use approximately 9 million gallons of water from the Floridian aquifer for an industrial purpose, especially on a long-term basis? 2. What is the expected impact of the OEC on the County's Emergency Services? Thank you. 306 IRC STAFF WORKING DRAFT SUBJECT TO BCC REVIEW AND CONCURRENCE/MODIFICATION March 25, 2016 VIA ELECTRONIC MAIL AND U.S. MAIL Ms. Ann Seiler Florida Department of Environmental Protection Siting Coordination Office 2600 Blairstone Road, MS 5500 Tallahassee, FL 32399-2400 RE: Indian River County Agency Report for Certification Application — FPL Okeechobee Clean Energy Center (PA 15 -5 8) Dear Ms. Seiler: At its meeting of March 15/22, 2016 the Board of County Commissioners considered its agency report for the subject certification application. At that meeting, the Board of County Commissioners authorized me, as Community Development Director, to send this letter which constitutes Indian River County's agency report in accordance with Florida Statutes 403.507. [INTERIM STAFF NOTE: The BCC meeting date for considering the draft agency report has not yet been set.] The power plant project, known as OCEC Unit 1, consists of a new combined cycle natural gas fired generating unit to be constructed December 2016 through June 2019. The generating plant is proposed to be located in northeastern Okeechobee County near the Okeechobee/Indian River County line. The project will be accessed solely through Indian River County to SR 60. In addition, the project proposes to withdraw 9,000,000 to 11,000,000 gallons per day from the Upper Floridan Aquifer (UFA) which is the source of potable water for Indian River County's utility system which currently serves 110,000 residents. The UFA is also a water source for other users within Indian River County including the City of Vero Beach potable water utility system. In accordance with Florida Statutes 403.507, Indian River County finds the proposed power plant consistent with applicable local ordinances, regulations, standards, and criteria subject to the following recommended conditions. Indian River County requests that the following conditions of certification be incorporated into the final site certification order. Macintosh HD:Use rs:robert: Libra ry:Caches:TemporaryItem s:Outlook Temp:lndian River County Agency Report for Certification Application — FPL Okeechobee Clean Energy Center (PA15-58)(1).doa 307 1. Traffic In accordance with Indian River County (IRC) turn lane standards found in land development regulation Section 952.12 traffic standards, and based on the project traffic study for construction and operating conditions, the applicant/licensee shall construct as part of the project an east bound right turn lane on SR60 at the project's entrance consistent with FDOT and IRC design standards. This condition has been agreed to by the applicant as reflected on page 10 of the December 2015 "Site Certification Application Completeness Responses". 2. Traffic Impact Fees In accordance with land development regulation Chapter 910 concurrency, and associated impact fee payment standards of Title X Impact Fees, prior to project construction, the applicant/licensee shall pay Indian River County transportation (traffic) impact fees for the project administration building with the acknowledgement that in accordance with the FPL/Indian River County franchise agreement, the fees will be off -set from the franchise agreement revenue. This condition has been agreed to by the applicant as reflected on page 15 of the December 2015 "Site Certification Application Completeness Responses". 3. Emergency Services Prior to project construction, the applicant/licensee and Indian River County shall enter into an agreement for payment for extraordinary emergency services expenses or services including but not limited to expenses and services related to hazardous materials events, consistent with Indian River County Emergency Services District ordinance section 208.13, with said agreement to recite the mutual aid agreement responsibilities of Indian River County. This condition is in accordance with Indian River County Code Section 208.13, and has been agreed to by the applicant as reflected on page 11 of the December 2015 "Site Certification Application Completeness Responses". 4. Water Supply Upon notification by the SJRWMD that an alternative water source has potentially become available in the vicinity of OCEC Unit 1, including sources that lie within the South Florida Water Management District, Licensee shall evaluate the feasibility of connection to and use of the alternative water source. As used herein, the term "alternative water source" means any source not identified as a traditional water supply source in the applicable water supply plan adopted by the SJRWMD pursuant to section 373.709, F.S., or successor provision, for the area encompassing the facility. Within 180 days of the notification from SJRWMD of the potential availability of an alternative water source, the Licensee shall submit a report to the FDEP SCO Macintosh HD: Use rs:robert: Libra ry:Caches:Temporaryltems:Outlook Temp:lndian River County Agency Report for Certification Application — 2 FPL Okeechobee Clean Energy Center (PASS-58)(1).docx 308 and the SJRWMD evaluating the technical, environmental, and economical feasibility of each alternative water source identified. The report shall contain an analysis of each alternative water source, including the quantity of water available, the projected date(s) of availability, and costs associated with obtaining and transporting the alternative water to the OCEC Unit 1 facility. If the SJRWMD determines that use of additional alternative water sources are environmentally, technically, and economically feasible, within 120 days of such determination, Licensee shall develop and provide an implementation schedule to reduce, by the amount of additional alternative water source, the quantity of ground water authorized for consumption by the site, to FDEP SCO and SJRWMD for review and approval in accordance with Condition XX "Procedures for Post -Certification Submittals". Once approved, Licensee shall take the necessary steps to implement the schedule. Within 10 days of receiving notice from SJRWMD that an alternative water source has potentially become available in the vicinity of OCEC Unit 1, Licensee shall provide a copy of that notice to Indian River County. Licensee shall submit a copy of its alternative water source evaluation report to Indian River County at the time it submits that report to the SJRWMD. [INTERIM STAFF NOTE: Highlighted portion is wording added to FPL/SJRWMD draft condition] This condition is consistent with Indian River County's comprehensive plan Potable Water Sub - Element Policy 3.1 and SJRWMD's recommended certification condition which has been agreed to by the applicant. Indian River County appreciates the opportunity to file this agency report with recommended certification conditions. If you have any questions, please do not hesitate to contact me at (772) 226-1253. Sincerely, Stan Boling, AICP Community Development Director, Indian River County cc: Board of County Commissioners (via e-mail) Joe Baird, County Administrator (via e-mail) Mike Zito, Assistant County Administrator (via e-mail) Dylan Reingold, County Attorney (via e-mail) Bill DeBraal, Deputy County Attorney (via e-mail) Jason Brown (via e-mail) Vincent Burke, P.E. (via e-mail) A&na Weragoda, P.E. (via e-mail) Eric Charest (via e-mail) Chris Mora, P.E. (via e-mail) Richard Szpyrka, P.E. (via e-mail) Jeanne Bresett (via e-mail) Macintosh HD:Users:robert:Library:Caches:Temporaryltems:Outlook Temp:lndian River County Agency Report for Certification Application — FPL Okeechobee Clean Energy Center (PA15-58)(1).doa 309 John King (via e-mail) Brian Burkeen (via e-mail) Roland M. DeBlois, AICP (via e-mail) John W. McCoy, AICP (via e-mail) Sasan Rohani, AICP (via e-mail) Phil Matson, AICP (via e-mail) Cheryl Dunn, Department of Health (via e-mail) Bill Royce, Okeechobee County Planning (via e-mail) Mike Busha, Treasure Coast Regional Planning Council (via e-mail) James R. O'Connor, City Manager, City of Vero Beach (via e-mail) Macintosh HD:Users:robe rt: Libra ry:Caches:Temporaryltems:Outlook Temp:lndian River County Agency Report for Certification Application — 4 FPL Okeechobee Clean Energy Center (PA15-58)[1].docx 310 H.A.i. 310-A- March 1, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 24, 2016 SUBJECT: Short -Term Vacation Rental Advisory Committee Recommendation Review FROM: Tim Zorc Commissioner, District 3 Discussion Item: The Short -Term Vacation Rental Advisory Committee has been meeting regularly since October, 2015, per Resolution No. 2015-082. The Committee's tasks were to make recommendations to the Board of County Commissioners on such items as ordinance amendments to the County's land development regulations pertaining to short term vacation rentals. As the Committee nears the end of its assigned tasks, what will be the path the report and recommendation take? Time is of the essence to review and discuss the Committee's recommendation. 311 Page 1 of 2 Statement /4F.I. Statement of George D. F. Lamborn, President, The South Beach Property Owners Association, Inc. to the Board of County Commissioners, Indian River County, March 1, 2016. Gentlemen, The SBPOA was founded in 1992 on the basis of protecting property owners and the quality of life of the South Beach community in Indian River County. There is no greater threat to our quality of life, and the value of our residential -use property, than the Cancer of "Short Term Vacation Rentals." I last stood before this Commission to oppose the formation of the Short Term Vacation Rental Advisory Committee. I called the Committee a "Stall Tactic," and I said "You don't need a Committee to tell you in a year what you already know." SBPOA never bought into the high-minded hopes for the Committee. Mr. Solari said: The reason 1 wanted a Short Term Rental Committee is because 1 wanted a dialogue. 1 wanted citizens in the Community to get together over a period of time and flesh out the issues. I want to have a search for Truth, whatever that Truth is. But We're not going to get it with a Pro -Team and an Anti -Team and see who wins the game. What we need to do is to have a community conversation. Well, here we are eight months later. Although I have not been able to attend its meetings in person, I have followed the Committee very closely, and the SBPOA, along with IRNA and North Beach Civic organizations have attended each and every Committee meeting. Did we, the Public get what we were promised? In short, the answer is a categorical 'No.' What we got is a hand-picked Committee that represents the "Pro" Team, and the conversation we were promised consisted of the Committee talking to itself. The interests of the 1% of property owners that own Short Term Rentals were very nicely represented by this Committee. The organization I represent is the "Community" part of the "Community Conversation." The South Beach Property Owners Association, the Indian River Neighborhood Association, and the South Beach Property Owners Association, Inc. 0 P. O. Box 643093 0 Vero Beach, FL 32964 Page 2 of 2 North Beach Civic Association represent the interests of the 99% of property owners whose quality of life, and property value, is at risk from commercialization of neighborhoods. I regret to report to you that there was very little in the way of dialogue between our Community organizations and this Committee, representing the width and breadth of the County. Our analysis and recommendations seem to have had no impact on this Committee whatsoever. In conclusion, the work product of this Committee is tainted. You can't use it. You have to start over. Notwithstanding limitations placed on you by the Florida Legislature, this is, and remains, a zoning and land -use matter. You have a standing Committee that is professional, free of conflicts of interest, district - sensitive, and expert in land -use regulation—it's called the Planning and Zoning Commission. It's high -time the County Commission put Planning and Zoning on it, and allow them to start with a clean slate. George D. F. Lamborn, President March 1, 2016 South Beach Property Owners Association, Inc. • P. O. Box 643093 • Vero Beach, FL 32964 311- k -a March 1, 2016 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 24, 2016 SUBJECT: "The Indian River Lagoon — Are We Making Progress?" A look at our lagoon three years ago and into the future. FROM: Tim Zorc Commissioner, District 3 Discussion Item: To accommodate invited speakers and the legislative session, the date for the public workshop on Indian River Lagoon has been rescheduled to Tuesday, March 29, 2016 from 9:00 a.m. to 12:00 p.m. at the Board of County Commission Chambers. Presentations from invited speakers include: • Nutrient and Water Quality • Groundwater flows • Septic to Sewer • Seagrass • Fertilizer Research • Bethel Creek • Live demonstration of a dual nutrient remediation technology • Legislative update on water projects 312 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM /5B,3 Date: February 18, 2016 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, Director of Utility Services i From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Work Order CCNA-2014 WO No. 4 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill DESCRIPTIONS AND CONDITIONS: In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford Road Landfill site requires continual groundwater monitoring activities and required regulatory oversight to show that the County and SWDD are proactively taking efforts to remediate the site. FDEP requires submittal of the next semi-annual groundwater monitoring report no later than August 31, 2016 (to document results of the summer 2016 semi-annual sampling event included in the attached work order request). In addition, groundwater monitoring conducted at the site suggests that it is appropriate to plan for an additional injection in 2016 to enhance bioremediation of the chlorinated solvent impacts to groundwater in a focused area of the site. FDEP requires preparation of a Remedial Action Plan Modification (RAPM) Addendum No. 3 to recommend these additional bioremediation activities. Previous sampling, reporting, and remedial events performed by Geosyntec have been completed on schedule and within budget. Accordingly, staff requested the attached proposal from Geosyntec to provide groundwater monitoring and reporting for an additional one-year period, RAPM Addendum preparation, and annual pollution remediation liabilities evaluation. laNAI YSIC. Geosyntec's proposal includes two semi-annual monitoring and reporting events for the plume monitoring well network, as well as preparation of RAPM Addendum No. 3 and an annual pollution remediation liabilities evaluation. The proposal consists of five main tasks, as follows: Task Description Budget Task 1: Project Management $4,625 Task 2: Meetings/Regulatory Interaction $5,043 Task 3: Prepare RAPM Addendum No. 3 $7,995 Task 4: Annual Pollution Remediation Liabilities Evaluation $2,067 Task 5: Semi -Annual Sampling Activities $51,770 Task 6: Data Evaluation and Semi -Annual Reporting $17,174 Total $88,674 SWDD Agenda - Geosyntec Work Order CCNA-2014 No. 4 - Former South Gifford Road Landfill GW Sampling Reporting Page — 1 — 313 Task 1 includes project planning and management responsibilities. Task 2 includes meeting attendance and interaction with regulatory agencies. Task 3 includes preparation of RAPM Addendum No. 3 for submittal to FDEP. Task 4 includes preparation of the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. Task 5 includes field preparation, groundwater sampling, and water level measurements (for a total of 88 wells). Task 6 includes data evaluation and semi-annual reporting. Overall, the current work order is less than the previous level of effort provided by Geosyntec even though it includes an additional scope element (preparation of RAPM Addendum No. 3) that was not included in the previous budget. With implementation of changes to the sampling and reporting program recommended by Geosyntec and approved by FDEP, the reporting portion of the current work order is over 15% less than the previous level of effort provided by Geosyntec and 25% less than two years ago. In addition, the level of effort for the current work order under Task 4 (annual pollution liability evaluation report) is over 40% less than the previous level of effort provided by Geosyntec. FUNDING: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. ACCOUNT NO.: Description Account Number Amount One Cent Sales Tax Fund — Infrastructure Needs 31521734-033490-03004 $88,674 RECOMMENDATION: Staff recommends that the SWDD Board approves and authorizes the Chairman to sign the attached CCNA-2014 WO No. 4 authorizing Geosyntec to provide groundwater monitoring/reporting and related consulting services for the Former Gifford Road Landfill in compliance with FDEP requirements for a period of one year not to exceed fee of $88,674. ATTACHMENT: Geosyntec CCNA-2014 WO No. 4 APPROVED FOR AGENDA: By: Jos4h A. Baird, County Administrator Date Indian River Co. Ap oved Date Administration KIA ai Legal 2 Budget SWDD SWUD-Finance C VW �6 2M_AtV SWDD Agenda - Geosyntec Work Order CCNA-2014 No. 4 - Former South Gifford Road Landfill GW Sampling Reporting Page - 2 - 314 WORK ORDER NUMBER 4 South Gifford Road landfill This Work Order Number 4 is entered into as of this day of 2016, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT Geosyntec Consultants, Inc. By: By: Title: Sr. Principal BOARD OF COUNTY COMMISISONERS OF INDIAN RIVER COUNTY Bob Solari , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: cl-,'% A T\ I-, osep AJ Baird, County Approved as to form and legal sufficien .Dylan T. Reingold, County Attorney 315 EXHIBIT 1 PROFESSIONAL SERVICES engineers I v t I innovators 316 Geosplec� consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74`h Avenue SW Vero Beach, Florida 32968 6770 Soulh Washington Avenue, Suile 3 Titusville; Florida 32780 PH 321.269.5880 FAX 321.269.5813 www geosyntecxonl 17 February 2016 Subject: Proposal to Provide One Year of Groundwater Monitoring/Reporting and Related Consulting Services Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services for Florida Department of Environmental Protection (FDEP)-required activities associated with continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). This fee proposal is based on correspondence with the FDEP and discussions with IRC. As requested by IRC, this fee proposal includes budget to complete two semi-annual monitoring and reporting events for the plume monitoring well network, as well as related consulting services to prepare a Remedial Action Plan Modification (RAPM) Addendum No. 3, prepare an annual pollution liabilities evaluation report for identified IRC -owned environmental liabilities, and represent IRC during interactions with regulatory agencies. Geosyntec has prepared this proposal (professional services as Exhibit 1) as Work Order No. CCNA-2014 WO No. 4 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. PROJECT BACKGROUND As part of the long-term monitoring activities for the identified CVOC plume associated with the South Gifford Road Landfill, a network of monitoring wells will require sampling on an annual or semi-annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring the lateral and vertical extent; (ii) evaluate the impact of source and dissolved plume bioremediation XR 16005\XR 16001.docx eiigiiieers I I biiiovators 317 Mr. Himanshu H. Mehta, P.E. 17 February 2016 Page 2 Geosyntec consultants to assess CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. In consideration of the ongoing natural attenuation processes occurring at the site, the enhancement of these biological processes via the injection of an electron donor was proposed, and agreed to in concept by the FDEP in correspondence dated 2 August 2006. A RAP Modification (RAPM) was submitted to the FDEP outlining the injection of an electron donor, Emulsified Oil Substrate (EOS®), in May 2007. Geosyntec implemented the RAPM activities in April through June 2008, as documented in the RAPM Implementation Report submitted to FDEP as Appendix A to the June 2008 Semi -Annual Groundwater Monitoring Report. RAPM Addendum implementation, which included bioremediation implementation in the former source area, was completed in June and July 2009 and documented in the July 2009 RAPM Addendum Implementation Report. The ongoing semi-annual groundwater monitoring activities have documented the success of this approach. EOS® is designed to provide a carbon source to the indigenous bacteria for up to approximately three years. In response to FDEP's request dated 3 May 2011 and supported by groundwater monitoring results, a RAPM Addendum No. 2 was prepared and presented an electron donor injection plan to address recalcitrant chlorinated volatile organic compound (CVOC) impacts in the former source area and to redose the two downgradient biobarriers, which are serving as a permeable reactive barrier (PRB) to treat a portion of the dissolved plume. Groundwater monitoring conducted at the Site suggests that it is appropriate to plan for an additional injection in 2016. PROPOSED SCOPE OF WORK The proposed scope of work consists of semi-annual groundwater monitoring and reporting and related activities to be performed on behalf of IRC SWDD at the Former South Gifford Road Landfill. For the purpose of budgeting, the scope of work has been divided into the following tasks: • Task 1 — Project Management; • Task 2 — Meetings/Regulatory Interaction; • Task 3 — Prepare RAPM Addendum No. 3; • Task 4 — Annual Pollution Remediation Liabilities Evaluation; • Task 5 — Semi -Annual Sampling Activities; and • Task 6 — Data Evaluation and Semi -Annual Reporting. The remainder of this section presents a general description of the activities to be performed in each task. XR 160051XR 16001.docx errgirleers I sc=entis_L I iranov<iturs 318 Mr. Himanshu H. Mehta, P.E. 17 February 2016 Page 3 Geosyntec consultants Task 1 — Protect Management: Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes eight hours per sampling/reporting event and two hours related to the RAPM Addendum for the project manager and two hours for the principal -in -charge. Task 2 — Meetines/Regulatory Interaction: Under this task, Geosyntec will prepare for and attend up to two meetings, with IRC SWDD, FDEP, and/or IRC Board of County Commission, as necessary. It has been assumed that one of these meetings will be in person and one meeting with be attended by conference call. Also, under this task, four hours has been included for the project manager to provide ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Phase 3 — Prepare RAPM Addendum No. 3: Under this task, in response to FDEP's request dated 21 September 2015 and supported by groundwater monitoring results, Geosyntec will prepare RAPM Addendum No. 3 to propose a focused injection of EOS® (or equivalent electron donor) to address CVOC impacts in the vicinity of GR-MW30B, based upon the apparent breakdown of the electron donor last injected in February 2012 (based upon TOC results). It is recommended that the injection activities include a buffering agent to counter the low pH measurements recorded in GR-MW26B and GR-MW30B. (Note: Budget has not been included for the implementation of additional bioremediation injection activities that will be proposed in the RAPM). Task 4 — Annual Pollution Remediation Liabilities Evaluation: As requested by IRC SWDD, under this task, Geosyntec will prepare the annual environmental liability evaluation. This document is prepared annually in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The objective of GASB No. 49 is to enhance the usefulness and comparability of pollution remediation obligation information reported by state and local governments. It has been assumed that the report will include evaluation of two sites, including South Gifford Road Closed Landfill (4701 41 S` Street) and Old Administration Building (1840 25`h Street). Task 5 — Semi -Annual Sampling Activities: Under this task, Geosyntec will perform 2016 field activities related to the plume groundwater monitoring. The semi-annual activities will include field preparation, groundwater sampling, and water level measurements. Field preparation activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, field equipment preparation, procurement of Passive Diffusion Bag (PDB) samplers and notifying FDEP and Vero Beach Municipal Airport of the field schedule. X R 16005\X R 1600 I .doca eiigiiiE'ers I sci`_-iltis s I iriiiovators 319 Mr. Himanshu H. Mehta, P E. 17 February 2016 Page 4 Geosyntec consultants Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring wells. Sampling activities will be completed with a combination of PDB samplers and traditional low -flow sampling techniques. PDBs are anticipated to be purchased from EON Products, one of the few suppliers of this type of passive sampling device. This effort is anticipated to be completed by two people within one day during each of the semi-annual sampling events to save an additional mobilization (e.g the PDBs to be sampled during the winter 2016 sampling event will be deployed during the summer 2016 event after sampling activities are completed). Groundwater sampling activities will be executed using a two -person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPs). The proposed annual field event will be conducted in summer 2016 (tentatively in June) and will include sampling of 49 monitoring wells (39 wells using PDBs and 10 wells with traditional sampling techniques). The annual field event is budgeted to include three days for groundwater sampling activities and one day for PDB deployment for the next sampling event (total of four field days). The proposed semi-annual field event will be conducted in winter 2016 (tentatively in December) and will include sampling of 28 monitoring wells (25 wells using PDBs and 3 wells with traditional sampling techniques). The semi-annual field event is budgeted to include two days for groundwater sampling activities and one day for PDB deployment for the next sampling event (total of three days). Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation evaluation for the groundwater plume. The groundwater samples will be analyzed in accordance with the sampling plan summarized in the December 2015 Semi -Annual Groundwater Monitoring Report. Geosyntec will conduct a complete round of groundwater level measurements coincident with each semi-annual groundwater sampling event (budgeted for one day with two -person field team for each event). Depth to groundwater measurements will be recorded to the nearest 0.01 -ft in each monitoring well, including existing monitoring wells and applicable City of Vero Beach wells (assumed up to 88 wells per event). It is anticipated that purge water (investigation -derived waste [IDW]) will be containerized in 55 -gallon polyethylene drums and temporarily staged on Site for characterization prior to removal and disposal. Costs are included herein for two 55 -gallon polyethylene drums and oversight of drum disposal concurrent with one of the sampling events. Overall, budget has been included for nine field days with a two -person team (i.e., 18 man days) and associated field expenses for sampling, plus four hours for IDW management. X R 16005\X R 16001.docx eiigineers I 3 ;F I iiiiiovdtors 320 Mr. Htmanshu 11. Mehta, P.E. 17 February 2016 Page 5 Geosyntec'f consultants Task 6 — Data Evaluation and Semi -Annual Reportinp,: Under this task; Geosyntec will perform data evaluation activities and reporting. The reporting includes preparation of one semi- annual report (simplified format) and one annual report for submittal to FDEP. The annual report will be consistent with the groundwater monitoring reports historically submitted to FDEP for this Site and the data evaluation activities will include database management, screening results against applicable regulatory criteria, GIS figure preparation, time trend analyses, and/or statistical data analyses. This report will be prepared following the summer groundwater sampling event. The annual report will be supported by attachments containing Chain -of -Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, and any other applicable materials. The semi-annual report will be a letter report with attachments, including a monitoring well location map and tables of the field and laboratory results. Data evaluation activities for the semi-annual report will include database management, screening results against applicable regulatory criteria, and summary data table preparation. This report will be prepared following the fall/winter groundwater sampling event. The draft annual and semi-annual reports will be submitted to IRC SWDD for review prior to submittal to FDEP. Each final semi-annual report will be signed and sealed by a Florida registered professional engineer or geologist. SCHEDULE Geosyntec will conduct the groundwater monitoring and reporting activities on a semi-annual basis as described herein. The semi-annual groundwater monitoring events will be tentatively conducted in June and December 2016. The draft RAPM Addendum No. 3 will be submitted to IRC SWDD for review within 60 days of receipt of authorization from IRC. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Tasks 1 through 6 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with groundwater monitoring and reporting activities at similar facilities. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. Task 1 — Project Management $4,625 Task 2 — Meetings/Regulatory Interaction $5,043 X R 16005\X R 1600 I .docx engineers I �_: 1 nnr,;rators 321 Mr. Hunanshu H. Mehta, P E Geosyntec'' 17 February 2016 consultants Page 6 Task 3 — Prepare RAPM Addendum No. 3 $7,995 "Task 4 — Annual Pollution Remediation Liabilities Evaluation $2,067 Task 5 — Semi -Annual Sampling Activities $51,770 Task 6 — Data Evaluation and Semi-Andual Reporting $17,174 TOTAL $88,674 CLOSURE Geosyntec appreciates this opportunity to offer our services. if this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, I. tt W ).,' Mll W. Johnson, P.G. Senior Hydrogeologist J Lang ach, BCEE, P.E. Senior Principal Attachments X R 16005\X R 16001.docx engii)ee'r s I I innovato-rs 322 ATTACHMENT A BUDGET ESTIMATE engineers I I innovators 323 XR16001.r1sa Table I FEBRUARY 2016 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 1: Proiect Management ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $221 2 $442 Senior Project Geologist hr $184 18 $3,312 Subtotal Professional Services $3,754 B. Technical/Administrative Services Administrative Assistant hr $92 8 $736 Subtotal Technical/Administrative Service $736 C. Reimbursables Communications Fee 3% labor 0.03 1 4,490 $135 Subtotal Reimbursable $135 TOTAL ESTIMATED BUDGET: PHASE 1 $4,625 Geosyntec Consultants 324 aR 16001.xlsz Table 2 FEBRUARI' 2016 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 2: Meetings/Regulatory Interaction ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Project Geologist hr $184 l8 $3,312 Engineer hr 1 $132 12 $1,584 Subtotal Professional Services $4,896 C. R'eim6urssbles Communications Fee 3% labor 0.03 4,896 $147 Subtotal Reimbursables $147 TOTAL ESTIMATED BUDGET: PHASE 2 . _ $5,043 Geosyntec Consultants 325 XR 16001.xlsa Table 3 FEBRUARY 2016 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 3: Prepare RAPM Addendum No. 3 ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $221 2 $442 Senior Project Geologist hr $184 4 $736 Project Engineer hr $151 0 $0 Engineer hr $132 30 $3,960 Senior Staff Geologist hr $116 8 $928 Staff Engineer hr $99 0 $0 Subtotal Professional Services $6,066 B. Tech nicaUAdministrative Services Site Manager/Construction Manager hr $112 0 $0 Senior Engineering Technician hr $83 0 $0 Designer/GIS hr $135 4 $540 Drafter/CADD Operator hr $82 0 $0 Technical/Administrative Assistant hr $92 4 $368 Clerical hr $56 0 $0 Subtotal Technical/Adm inistralive Services $908 C. Reimbursables Communications Fee 3% labor 0.03 $908 $27 CADD Computer System hr $15 48 $720 8.5"x11" Photocopies each $0.12 1,080 $130 CADD Photocopies each $3 48 $144 Subtotal Reimbursables $1,021 TOTAL ESTIMATED BUDGET: PHASE 3 $7,995 GeoVwec Consultants 326 XR 16001.a1sa Table 4 FEBRUARY 2016 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 4: Annual Pollution Remediation Liabilities Evaluation ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $221 2 $442 Senior Project Geologist hr $184 2 $368 Project Engineer hr $151 0 $0 Geologist hr $132 0 $0 Senior Staff Geologist hr $116 0 $0 Senior Staff Engineer hr $99 10 $990 Subtotal Professional Services $1,800 B. Tech nicaUAdministrafive Services Designer/GIS hr $135 0 1 $0 Administrative Assistant hr $92 2 $184 Subtotal Technics[/Administrative Services $184 C. Reimbursables Communications Fee 3% labor 0.03 1,984 $60 CA DD Computer System hr $15 0 $0 8.5"xII" Photocopies each $0.12 199 $24 Subtotal Reimbursables $83 TOTAL,ESTIMATED BUDGET: PHASE 4 $2,067 Geosyntec Consultants 32 Table 5 FEBRUARY 2016 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 5: Senti-Annual Sampling Activities ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Project Geologist hr $184 4 $736 Geologist hr $132 16 $2,112 Senior Staff Geologist hr $116 116 $13,456 Subtotal Professional Services $16,304 B. Technical/Administrative-Services Field Superintendent hr $116 116 $13,456 Administrative Assistant hr $92 2 $184 Subtotal Tech nicaI/Administrat ive Services $13,640 C. Subcontractors Laboratory Analysis for VOCs each $73 83 $6,039 Laboratory Analysis for TOC each $27 4 $107 Laboratory Analysis for Dissolved Gases each $64 6 $385 Laboratory Analysis for Dhc each $305 2 $610 Laboratory Analysis for vcrA each $144 2 $289 Subtotal Subcontractor Services $7,430 D. Reimbursables PDBs for Summer event quote $32 39 $1,249 PDBs for Winter event quote $32 25 $801 Drums each $50 2 $100 Drum Transport each $963 2 $1,926 Lodging day $169 18 $3,042 Per Diem day $59 18 $1,062 Communications Fee 3% labor 0.03 $29,944 $898 Field Vehicle day $97 18 $1,746 8.5"x11" Photocopies each $0.12 160 $19 Overnight Cooler each $95 4 $380 Groundwater Sampling Kit (per sampler) day $300 9 $2,700 Water Level Measurement Kit (2 person team) day $55 2 $110 PDB Deployment Kit day $100 2 $200 Equipment Shipping each $54 1 3 $162 Subtotal Reimbursables $14,396 TOTAL ESTIMATED BUDGET: PHASE 5 $51,770 Notes: 1 Lodging and per diem rates were taken from the GSA website for the Vero Beach area (www.gsa.gov). 2. Groundwater Sampling Kit includes two sets of the following: water level indicator, peristaltic pump, water quality meter (phl, temperature, conductivity, dissolved oxygen, and oxidation reduction potential), turbidity meter, tubing, and miscellaneous field supplies 3. Water Level Measurement Kit includes: water level indicator and miscellaneous field supplies. 4. PDB Deployment Kit includes: miscellaneous field supplies necessary to suspend and deploy PDBs. aR 16001.xlsx Geosyntec Consultants J XR16001 xlsx Table 6 FEBRUARY 2016 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 6: Data Evaluation and Semi -Annual Reporting ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $221 2 $442 Senior Project Geologist hr $184 12 $2,208 Geologist hr $132 30 $3,960 Senior Staf)'Geologist hr 1 $116 1 42 $4,872 Subtotal Professional Services $11,482 B. Technical/Administrative Services Designer/GIS hr $135 24 $3,240 Technical/Administrative Assistant hr $92 12 $1,104 Subtotal Technical/Administrative Services $4,344 C. Reimbursables Communications Fee 3% labor 0.03 $15,826 $475 GIS Computer System hr $10 24 $240 Specialized GIS/Database Computer Systems hr $20 18 $360 8.5"x11" Photocopies each $0.12 1,080 $130 GIS Photocopies each $3 48 $144 Subtotal Reimbursables $1,348 TOTAL ESTIMATED BUDGET: PHASE 6 $1:7,174_ Geosyntec Consultants 329