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10/07/2014 (3)
PROCLAMATION RECOGNIZING THE SUPPORT ALLIANCE FOR EMERGENCY RESILIENCY (SAFER) INDIAN RIVER COUNTY, INC. WHEREAS, SAFER Indian River County, Inc. (Support Alliance For Emergency Resiliency) was established on November 16, 2012; and WHEREAS, SAFER Indian River County, Inc. is a non-profit humanitarian association of businesses, non-profit agencies, faith -based organizations, individuals and government agencies whose mission is to reduce Toss of life, injury, property damage, environmental impact and economic loss due to a disaster; and WHEREAS, major local emergencies (floods, tornadoes, hurricanes, chemical spills, acts of terrorism, epidemics and other large scale incidents) can overwhelm even the most professional and well - staffed local emergency response systems, thereby creating a need for assistance from properly trained volunteers, CERT teams and outside resources; and WHEREAS, only a presidentially declared disaster will provide federal disaster assistance and a fully functional SAFER Indian River County will assist the residents of Indian River County who have unmet needs due to a local disaster; and WHEREAS, a fully functional SAFER Indian River County provides valuable services to the citizens of our County such as providing disaster training and preparedness and provides a greater predictability of our local resources during times of an emergency; and WHEREAS, SAFER Indian River County's ability to augment existing resources and response systems in our communities will speed up community recovery and minimize the long-term economic losses that often follow emergencies and disasters. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Indian River County Board of Commissioners fully supports the concept and function of the Support Alliance For Emergency Resiliency (SAFER) Indian River County, Inc. Be it further resolved that the Board encourages its citizens, employees and associates to give their time and expertise to the Support Alliance For Emergency Resiliency (SAFER) in the service of our Indian River County communities. Adopted this 7'h day of October, 2014. BOARD OF COUNTY COMMISSIONERS, IN VER COUNT' , jLORIDA y S. Davis, Vice Chairman ph E. ' escher Bob Solari Ti INDIAN RIVER COUNTY SUPPORT ALLIANCE FOR EMERGENCY RESILIENCY Helping our community prepare for and recover from disasters one person, one family, one neighborhood and one business at a time. ONE YEAR LATER WHAT IS SAFER UP TO? Last year we stood before you and received our Proclamation for SAFER Indian River County. We wanted to share a few highlights with all of you! • We have trained over 200 people who make up Community Emergency Response Teams with 120 of them being trained in the last year! • We continue to engage our community partners encouraging them to work together to achieve common goals in preparedness. We have done this by presenting mitigation workshops, conducting training and participating in exercises. • We have been assigned and endorsed by Emergency Management to represent ESF 15 (Volunteer and Donation Management) for Indian River County in times of disaster. This was tested in the statewide hurricane exercise conducted in May of 2014. • We are partnering with the Humane Society in the creation of H.E.A.R.T. (Humane Emergency Animal Response Team) and have provided training to over 30 people so far. This is just the beginning! WHAT ARE OUR GOALS FOR THE NEXT YEAR? • We are creating a hands on teen safe driving program in partnership with IRCSO and IRSC....more to come. • Fire safety programs for vulnerable populations. • We are working on becoming the second county in the state to receive the "SAFE Community Designation" from the National Safety Council. We are busy supporting our Emergency Services in Indian River County creating a resilient and safe community! INDIAN RIVER COUNTY - WE ARE SAFER! 2 Coredy Tour Foundati :Prescnt:a n:i.ght'of 5.t nd u§p Co r7 ed raiser f "Safer I:nd"ar. Rower •rich October 24t`h, 20 tt �r r RIVERCOUNTir Casppetizer s will f?e. servecr'y F • SO/S0_&. R,a•s' Tickets $Z0 First Responders, EMT',.Actly:e• Veterans, $c CERT:Menibers FCR TICKETSIINFOF .lATION ' r CALL ESUTCH SELTZER AT l20117 Stephen Netta .LALUGHTERS ,1,rES[.l\./E..S O,RG T'U LTS AL O AVAILtibLE-ATTHE ELT'S.LOtGL 1772, St.) -2-:--15o OR 1.772).311,07O-1 John Ldreact!thi).. All ,Ii 'V, irr{,1n; In rfi,fllOty FL N}'"i.�r�t�i'E ��r� I„st s)n PROCLAMATION DESIGNATING OCTOBER 5 THROUGH OCTOBER 11, 2014, AS MENTAL ILLNESS AWARENESS WEEK IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, serious mental illness such as major depression, bipolar disorder, schizophrenia, obsessive-compulsive disorder, severe anxiety disorders, borderline personality disorder, and post-traumatic stress disorders affect one in every four people annually; and WHEREAS, serious mental illness is a highly treatable medical illness of the brain posing the same concern as cancer, heart disease, diabetes and other illnesses; and WHEREAS, scientific research is producing tremendous breakthroughs in the understanding of mental illness, resulting in more effective treatments to allow people to reclaim full and productive lives; and WHEREAS, misunderstandings exist about mental illness and social culture often wrongly imposes a stigma on mental illness. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board does hereby designate the week of October 5 through October 11, 2014, as MENTAL ILLNESS AWARENESS WEEK IN INDIAN RIVER COUNTY in Indian River County, Florida to increase public awareness of mental illness and to promote treatment and recovery. Adopted this 7th day of October, 2014. BOARD OF COUNTY COMMISSIONERS IN N RIVECOUNTX, FLORIDA esley 1 h E. lescher Day' , Vice Chairman PROCLAMATION DESIGNATING OCTOBER, 2014, AS MANUFACTURING MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, the manufacturing industry is vital to the health of our County, the State of Florida, and our nation; and WHEREAS, manufacturing is a cornerstone of our local economy, helping to sustain our quality of life as well as a solid and diversified tax base in Indian River County; and WHEREAS, Indian River County, in partnership with the Indian River County Chamber of Commerce, supports manufacturing and manufacturing careers; and WHEREAS, manufacturing provides over 2,000 high -wage and high -skill jobs in Indian River County; and WHEREAS, our county is home to 136 manufacturers that produce a wide variety of products, from personal aircraft to personal submersibles, and paddleboards to expandable pontoon boats; and WHEREAS, public awareness of the value manufacturers add to our economy is essential to the maintenance of good community -industry relationships; and WHEREAS, all residents are encouraged to take time to salute Indian River County manufacturers, and their employees, for the positive economic impact they make in our county, the State, and our nation. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2014, be designated as MANUFACTURING MONTH IN INDIAN RIVER COUNTY. Adopted this 7th day of October, 2014. BOARD OF COUNTY COMMISSIONERS, IN ' RIVER COUNTY, FLORIDA r [ .rte Pete D. O'Bryan, Chairman Wesley S. Davi ,' ice hairman seph E. Flescher 0 1 REf i. Si;(il d F:F'NOR .m'ida 1)epartment of T3 anspOrta for 3400 West Commercial Boulevard ANAN E tt MASAI). KT. Mr. Joseph Baird County Administrator 1801 27th Street Vero Beach, FL 32960-3365 Dear Mr. Baird: Fort Lauderdale, Florida 33309-3421 September 25, 2014 SECRETARY Indian River County SEP 302014 Office of the County Administrator SUBJECT: Alternatives Public Meeting Announcement SR 5/US 1 Project Development & Environment Study From South of 53rd Street (MP 9.762) to North of CR 510 (MP 14.457) Indian River County, Florida Federal Aid Project No.: 4855-083-P Financial Project ID No.: 431724-1-22-01 Efficient Transportation Decision Making (ETDM) No.: 13967 The Florida Department of Transportation (FDOT), District Four, will conduct an Alternatives Public Meeting for the above referenced project. The meeting will be held on Wednesday, October 22, 2014, at the Polish -American Social Club, 7500 US Highway 1, Vero Beach, FL 32967. The meeting will be held from 5:30 p.m. to 7:30 p.m. as an open house format. A project newsletter, which includes a location map for the meeting, is enclosed. Notices are being sent to all property owners located within at least 500 feet on either side of the existing roadway and to other public officials, regulatory agencies, organizations, and individuals interested in the project. The meeting is being conducted to give interested persons an opportunity to express their views concerning the location, conceptual design, and social, economic, and environmental effects of the proposed improvements. The Alternatives Public Meeting is being held as part of a current Project Development & Environment (PD&E) Study. This study is being conducted to evaluate proposed transportation solutions for this segment of SR 5/US 1 and to provide documented information necessary for FDOT to reach a decision on the type, design, and location of the improvements. The project is being developed to reduce congestion, enhance safety, and achieve an acceptable level -of -service while minimizing potential impacts to the natural and human environments. The purpose of this project is to study the widening of SR 5/US 1 from four to six lanes. Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status. Persons who require special accommodations under the Americans with Disabilities Act can contact me at (954) 777-4474 or toll free at (866) 6 Mr. Joseph Baird September 25, 2014 Page 2 336-8435, extension 4474, or by email at anson.sonnett©dot.state.fl.us at least seven days prior to the meeting. I can also be reached at the phone number or email address above if you have questions about the project or this scheduled meeting. Sincerely, Anson Sonnett, P.E. FDOT Project Manager Enclosure: Project Newsletter 7 SR 5/US 1 September I 2014 Project Development and Environment (PD&E) Study From South of 53rd Street (M.P. 9.762) to North of CR 510 (M.P. 14.457) Financial Project ID No. 431724-1-22-01 I Federal Aid Project No. 4855-083-P 1 ETDM No. 13967 Project Overview The Florida Department of Transportation (FDOT) is conducting a PD&E Study to consider improvements to SR 5/US 1 from south of 53rd Street to north of CR 510 in Indian River County. This project is consistent with the Indian River County Metropolitan Planning Organization's (MPO) 2035 Long Range Transportation Plan. This PD&E Study is evaluating many alternatives, including roadway capacity improvements, bicycle and pedestrian accommodations and transit needs. The different alternatives being evaluated include, but are not limited to: b Widening SR 5/US 1 from four lanes to six lanes • Transportation Systems Management (TSM) (i.e. intersections, signals, sidewalks, bike lane improvements) A No -Build or "No Project" Alternative A Public Kick-off Meeting was held on March 26, 2014 at the Polish -American Social Club. This meeting provided an opportunity for the general public, as well as agency representatives, to become acquainted with the project. Approximately 57 members of the public attended this meeting, as well as three agency members from the Indian River County MPO and St. Johns River Water Management District. The information presented at the Public Kick-off Meeting is available on the project website at www.us1study.com. Project Location Map Adjacent CR 510 Project Indian River County currently has a project (see Inset A to the right) that is in the design phase. This project plans to widen CR 510, from two to four lanes, from 55th Avenue to Shore Lane. Intersection modifications will also be made at SR 5/US 1 and CR 510 to raise the elevation of the roadway approximately five feet. For more information about this project, please contact Chris Kafer, LEGEND County Engineer, at (772) 226-1221 � FDOT PD&E Study — Indian River County Project or by email at ckafer@ircgov.com. 1 8 What's New... Considering the Alternatives The project has been divided into two segments (shown on the map to the right) based on the existing characteristics of the roadway. L Segment 1, from south of 53rd Street to 82nd Street, has rural characteristics with a posted speed limit of 55 mph. Segment 2, from 82nd Street to north of CR 510, has urban characteristics with a posted speed limit of 45 mph. Separate build alternatives have been developed for each of these segments. Segment 1 has two alternatives and Segment 2 has one alternative. Each of the build alternatives currently under consideration are depicted graphically in the following sections. The public will have the opportunity to view and comment on these alternatives at the upcoming Alternatives Public Meeting on October 22, as well as throughout the study. SEGMENT 1 BUILD ALTERNATIVES 104' Proposed RMI 44' 60' Existing R/W 6' 5' 7- ,1- 60' Existing R/W 44' 29' 3' 12' 12' 12' 8 12' 1 12'8'12'12'12'5,_ 29'5' N TT T TT T T T 11 LEGEND ...M. SEGMENT 1 IMMO SEGMENT 2 104' Proposed R/W BUILD ALTERNATIVE 1 • Widening the road from 4 to 6 lanes • Adding sidewalks and bicycle lanes • Maintaining the speed limit at 55 mph 80' Proposed R/W 6' • This alternative needs an additional 44 feet of right-of-way on each side of the roadway • The total amount of right-of-way needed is 88 feet 80' Proposed R/W 20',� 60' Existing R/W -, I 60' Existing R/W 20' V I7' 5' 10.5' 6.5 12' 12' 12' 6.5' 8.5' i 8.5' 6.5' 12' 12' 12' 6.5' 10.5' 5' `7 TT T T I TT T 7 ! TT l L BUILD ALTERNATIVE 2 • Widening the road from 4 to 6 lanes • Adding sidewalks and bicycle lanes right-of-way on each side of the roadway • Reducing the speed limit from 55 mph to 50 mph • The total amount of right-of-way needed is 40 feet Other alternatives being considered are a No -Build Alternative and a Transportation Systems Management (TSM) Alternative, which includes lower -investment strategies to mitigate traffic congestion, including intersection and signal improvements, as well as adding bike lanes and sidewalks. 1 • This alternative needs an additional 20 feet of 2 9 SEGMENT 2 BUILD ALTERNATIVE L. 63' Proposed R/W 63' Proposed R/W 10' E 53' Existing R/W 53' Existing R/W 10' 4' 6' 4' 12' 12' 12' 11' 1 11' 12' 12' 12' 4' ' 6' 4' r1"1" T Tr r„, BUILD ALTERNATIVE 1 Wide in9 Widening • Widening the road from 4 to 6 lanes • This alternative needs an additional 10 feet of • Maintaining the speed limit at 45 mph right-of-way on each side of the roadway • The total amount of right-of-way needed is 20 feet What to expect at the Meeting Project information and graphics depicting each of the alternatives being considered will be on display and members of the project team will be available to answer your questions and receive your input. This will be an excellent opportunity to learn more about the project, the alternatives being considered, and what the project could mean for your community as it relates to traffic, noise, and access to your community facilities. Information will be presented in an open house format. You will be able to make comments and have them become a part of this study. We value your feedback and we want to hear from you. If you can't make it to the meeting, other ways of contacting the project team can be found on the back of this newsletter on page 4. STUDY SCHEDULE: Contact Information. FDOT Project Manager Anson Sonnett, P.E. 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309 (866) 336-8435 ext. 4474 anson.sonnett@dot.state.fl.us Consultant Project Manager Aniruddha "Rudy" Gotmare, P.E. (561) 429-5065 agotmare@scalarinc.net Project Website www.us 1 study.com The information presented at the Alternatives Public Meeting will also be available on the project website following the meeting. Comments can be made on the website by clicking on the link "Email Updates" on the left side of the webpage. 3 10 lndiuu ilio -t Lcrloou MEETING LOCATION Polish -American Social Club 7500 US Highway 1 Vero Beach, FL 32967 r (BEGIN PROJECT 53rd ST Time: 5:30-7:30 pm Open House Location: Polish -American Social Club 7500 US Highway 1 Vero Beach, FL 32967 Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status. Persons who require special accommodations under the Americans with Disabilities Act or persons who require translation services (free of charge) should contact Mr. Anson Sonnett, P.E., FDOT Project Manager, at (954) 777-4474 (toll free at (866) 336- 8435, extension 4474) at least seven days prior to the meeting. 4 11 INFORMATIONAL ITEM INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET / TO: Members of the Board of County Commissioners DATE: September 29, 2014 SUBJECT: Fitch Ratings Press Release Indian River County's Spring Training Facility Revenue Bonds, Series 2001 Indian River County's Environmentally Sensitive Land Acquisition Bonds, Series 2006 FROM: Jason E. Brown Director, Management & Budget Attached is a copy of the September 24, 2014 press release from Fitch Ratings, which affirms Indian River County's `AA+' rating for the County's Spring Training Facility Revenue Bonds, Series 2001; and the `A-' rating for the County's Environmentally Sensitive Land Acquisition Bonds, Series 2006. This rating reflects the overall financial health of the County. Additionally, Fitch affirms the 'AAA' implied unlimited tax general obligation (ULTGO) rating on the County. Key rating drivers for Fitch were strong debt coverage, low debt levels, excellent financial profile, and prudent fund balance policies. ATTACHMENT Fitch Ratings Press Release APPROVED AGENDA ITEM: BY: Jose A. Baird County Administrator FOR: October 7, 2014 Indian River County Ap..ved Date Administrator !'x%11 `i County Attorne l ak Budget ' 7 //4 Department EitJ Risk Management 12 9/24/2014 Fitch Ratings I Press Release F1itchRatings Tagging Info Fitch Affirms Indian River County, FL's Spring Training Revs at 'AA+'; Outlook Stable Ratings Endorsement Policy 24 Sep 2014 3:31 PM (EDT) Fitch Ratings -New York -24 September 2014: Fitch Ratings has affirmed the following ratings on Indian River County, Florida (the county): —$5.9 million spring training facility revenue bonds, series 2001 at'AA+'; —$26 million limited general obligation (LTGO) bonds, series 2006 at 'A-'. In addition, Fitch affirms the 'AAA implied unlimited tax general obligation (ULTGO) rating on the county. The Rating Outlook for all bonds is Stable. SECURITY The spring training facility revenue bonds are limited obligations of the county, secured bya first lien on a statutory annual distribution of funds from the State of Florida general revenue fund for new or retained professional sports facilities, and proceeds from the fourth -cent tourist development tax (TDT) levied by the county and 86% of the local government half -cent sales tax distributed to the county by the state. The lien on the TDT and half -cent sales taxis automatically released as of April 1, 2021 (the final maturity date of the bonds is April 1, 2031). The bonds are additionallysecured bya cash -funded reserve equal to maximum annual debt service (MADS). The LTGO bonds are limited obligations of the county, secured bythe levy of ad valorem taxes not to exceed 0.5 mills on all taxable property in the county. The bonds are not secured bya reserve fund. KEY RATING DRIVERS STRONG SPRING TRAINING COVERAGE: The 'AA+' rating reflects the high credit qualityderived from the combination of revenue streams pledged to bondholders. Coverage of MADS from all pledged revenues is in excess of 6x, and subsequent to the release of the TDT and sales tax in 2021, pledged revenues will be comprised solely of payments from the general revenue fund of the State of Florida, whose general obligation (GO) rating is 'AAA with a Stable Outlook by Fitch. AMPLE FINANCIAL RESOURCES: Unrestricted general fund reserves remain ample despite the use of fund balance to pay down debt in fiscals 2012 and 2013. The countys fiscal policy prudently prohibits the use of reserves to fund recurring spending, which should help preserve a high level of financial cushion going forward. FAVORABLE DEBT METRICS: Fitch expects the county's overall debt burden will remain very low and the cost of servicing debt affordable. Outstanding debt is repaid in an aggressive manner, and additional borrowing is not presently contemplated. NOTABLE ECONOMIC PRESSURES: While the presence of a wealthier retiree population lends some stability to the local economic base, pressures remain as property values remain well below peak levels, employment opportunities are somewhat narrow and concentrated in lower wage jobs, and the countys rate of joblessness is persistently above that of the state. https://wnw.fitchratings.comicreditdesk/press releases/detail.cfm?print=l&pr_id=881294 13 1/4 9/24/2014 Fitch Ratings I Press Release LIMITED LTGO COVERAGE: The 'A-' rating on the county's limited GO bonds reflects the limited 0.5 mill ad valorem pledge that, if fully levied, would generate about 1.38x coverage of MADS. The tax base appears to have turned a corner with modest gains in fiscals 2014 and 2015, enhancing the level of rating stability for these bonds. RATING SENSITIVITIES SPRING TRAINING FACILITY: The rating is sensitive to a material change in coverage resulting from additional issuance or a shift in the performance of the TDT and/or sales tax revenue. Furthermore, the rating is sensitive to changes in the credit qualityof the state of Florida, as it pertains to the pledged revenue component comprising the annual distribution of funds for new or retained professional sports facilities. LTGO BONDS: If the recent recovery of the tax base continues, a positive rating action could be warranted; conversely, if the recentrecoveryfails to be maintained, a negative rating action is possible. IMPLIED ULTGO: The 'ANN rating is primarily sensitive to changes in the county's prudent management practices, verystrong reserves, and affordable debt burden. CREDIT PROFILE Indian River County is located on the Atlantic coastline, approximately 135 miles north of Miami and includes the cities of Vero Beach and Sebastian. The city's population has shown strong growth with a 2013 estimate of 141,994, up 26% since the 2000 census. AMPLE FINANCIAL RESOURCES In Fitch's view the county's financial management and resources serve as the linchpin of its implied ULTGO rating. The county ended fiscal 2013 with an operating deficit (after transfers) of $616,459 and used an additional $3.8 million of unrestricted fund balance to payoff a portion of its outstanding bonds. Despite the draw in fiscal 2013, reserve levels remain robust with unrestricted fund balance totaling $47.7 million or 53.6% of spending. The balance sheet is flush with cash totaling $49.1 million, more than 12x total liabilities. The county has well-defined and prudentfund balance policies. The county aims to maintain an unassigned fund balance ata minimum of 20% of budgeted operating spending or 2.5 months of expenditures. By policy the county shall maintain an additional 5% each for budget stabilization and emergencies. The fiscal 2014 budget was balanced with a $900,000 appropriation of general fund balance. Year-to-date results have been favorable and management is currently projecting breakeven results in the fund balance. The fiscal 2015 budget was recently adopted withouta planned use of fund balance. The proposed millage rate of 3.34 leaves ample room below the state's 10 mill limitation. Ad valorem tax revenues are the primary revenue source accounting for 61.5% of budgeted general fund revenues. LIMITED ECONOMY The economyoflndian River County is one historically based in agricultural production (particularly citrus) and tourism. Ample developable waterfront land and a relative lack of congestion serve to attract a significant wealthy retiree population, which is evident in the per capita income levels approximately 13% higher than the state, high market value per capita, and above-average median age. The county's retail and service -based economy was extremely vulnerable to the effects of the national recession. The county's July 2014 unemployment rate of 8.5% has improved over recent years but remains above state and national averages. DEBT TO REMAIN LOW At 0.9% of market value and $1,128 per capita, the county's overall debt burden (including overlapping obligations of the county school board) is considered very low by Fitch. Annual debt service consumes just 5% of the budget- an affordable burden made more noteworthy by the fact that more than 90% of outstanding debt https:/Iw w.fitchratings.cornicreditdesWpress_releases/detaiI.cfm?print=l&pr_id=881294 9/24/2014 Fitch Ratings I Press Release is repaid within 10 years. Capital needs are manageable and largely related to transportation and utility system improvements financed from gas and sales tax revenues, impact fees, and user fees. No new debt issuance is anticipated over the next five years. The county participates in the Florida Retirement System (FRS), a cost-sharing multiple -employer plan. FRS is relativelywell-funded with a funding ratio estimated at 79% as of June 30, 2013 using Fitch's more conservative 7% discount rate. The county's Iiabilitywith respect to employee pensions and OPEB approximated $9.6 million in fiscal 2013 (government wide) or 5.9% of governmental spending. The county provides an explicit subsidyfor OPEB exceeding the requirement of state law for employees hired on or after Feb. 1, 2006, and in 2008 established a trust account with a reported fair value of $11.6 million in fiscal 2013. The county essentially funds the full actuarial required contribution to OPEB. STRONG COVERAGE ON SPRING TRAINING BONDS Fiscal 2013 pledged revenues totaled $7.7 million and included $6.7 million from the pledged portion of the county's local government half -cent sales tax, $436,756 in TDT revenue, and $500,004 from the state's allocation. Coverage of MADS ($1.23 million) was a strong 6.2x. The half -cent sales tax and TDT revenue streams continue to perform relatively well. Annual sales tax and TDT receipts improved 5.6% and 8.5%, respectively, in fiscal 2013 from the prior year. Through the first nine months of fiscal 2014 collections are up 4.8% for the half -cent sales tax and 9.6% for the TDT. This revenue could be reduced by almost 90% from the projected fiscal 2013 receipts before coverage would be less than 1.0x(this analysis assumes collection of the $500,004 state payment). Leveraging risk is considered low despite the strong coverage, as surplus revenue from the half -cent sales tax is used to fund general operations of the county. The county has stated it has no plans to issue additional debt secured by either of these special taxes. The state payment represents a fixed sum payable to the countypursuant to Florida Statute 288.1162 and the county's certification by the state as a retained spring training franchise. Following the release of the half -cent sales tax and TDT pledge bondholders will be secured only by the state payments; MADS will decline to $499,750 resulting in 1.0x coverage. NARROW LTGO COVERAGE In fiscal 2015 the countywill levy 0.3694 mills of the ma'dmum pledged 0.5 mills to pay debt service on its limited GO bonds. The maximum levy of 0.5 mills would generate approximately 1.38x coverage of MADS based on fiscal 2015 taxable assessed value (TAV) of $13.4 billion and a 95% collection rate (actual current collections continue to exceed 96%). Fitch calculates current TAV could decline by31% before the maximum pledged millage rate would fail to cover MADS by at least 1.0x The county's TAV increased for the second consecutive year in fiscal 2015, increasing by4.5% following a 1.4% increase in 2014, possibly signaling stabilization. Although TAV has begun to exhibit signs of recovery, the county's fiscal 2015 TAV remains 27.6% below the peak value of $18.6 billion in fiscal 2008. Contact: PrimaryAnalyst Andrew Hoffman Analyst +1-212-908-0527 Fitch Ratings, Inc. 33 Whitehall Street New York, NY 10004 Secondary Analyst Michael Rinaldi https://www.fitchrating s.cornicreditdesWpress_releases/detaiI.ctrn?print=1&pr_id=881294 3/4 15 9/24/2014 Fitch Ratings ( Press Release Senior Director +1-212-908-0833 Committee Chairperson Marcy Block Senior Director +1-212-908-0239 Media Relations: Elizabeth Fogerty, New York, Tel: +1 (212) 908 0526, Email: elizabeth.fogerty@fitchratings.com. Additional information is available at'www.fitchratings.com'. In addition to the sources of information identified in Fitch's Tax -Supported Rating Criteria, this action was additionally informed by information from Creditscope, University Financial Associates, S&P/Case-Shiller Home Price Index, IHS Global Insight, National Association of Realtors, Underwriter, Bond Counsel, Underwriter Counsel. Applicable Criteria and Related Research: —Tax -Supported Rating Criteria' (Aug. 14, 2012); —'U.S. Local Government Tax -Supported Rating Criteria' (Aug. 14, 2012). Applicable Criteria and Related Research: Tax -Supported Rating Criteria U.S. Local GovemmentTaxSupported Rating Criteria Additional Disclosure Solicitation Status ALL FITCH CREDIT RATINGS ARE SUBJECT TO CERTAIN LIMITATIONS AND DISCLAIMERS. PLEASE READ THESE LIMITATIONS AND DISCLAIMERS BY FOLLOWING THIS LINK: HTTP://FITCHRATINGS.COM/UNDERSTANDINGCREDITRATINGS. IN ADDITION, RATING DEFINITIONS AND THE TERMS OF USE OF SUCH RATINGS ARE AVAILABLE ON THE AGENCY'S PUBLIC WEBSITE 'WWW.FITCHRATINGS.COM. PUBLISHED RATINGS, CRITERIAAND METHODOLOGIES ARE AVAILABLE FROM THIS SITE AT ALL TIMES. FITCH'S CODE OF CONDUCT, CONFIDENTIALITY, CONFLICTS OF INTEREST, AFFILIATE FIREWALL, COMPLIANCE AND OTHER RELEVANT POLICIES AND PROCEDURES ARE ALSO AVAILABLE FROM THE 'CODE OF CONDUCT SECTION OF THIS SITE. FITCH MAY HAVE PROVIDED ANOTHER PERMISSIBLE SERVICE TO THE RATED ENTITY OR ITS RELATED THIRD PARTIES. DETAILS OF THIS SERVICE FOR RATINGS FOR WHICH THE LEAD ANALYST IS BASED IN AN EU - REGISTERED ENTITY CAN BE FOUND ON THE ENTITY SUMMARY PAGE FOR THIS ISSUER ON THE FITCH WEBSITE. Copyright © 2014 by Fitch Ratings, Inc., Fitch Ratings Ltd. and its subsidiaries. https://ww.fitchratings.com/creditdeskipress releases/detail.cfm?print=l&pr_id=881294 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Assistant County Administrator / Department of General Services INFORMATION ITEM To: Thru: From: Michael C. Zito, Assistant County Administrator Date: September 23, 2014 Subject: The Honorable Board of County Commissioners Joseph A. Baird, County Administrator Temporary Utilization of Office Space by the Veteran's Council of Indian River, Inc. BACKGROUND: An inquiry was received from the Veteran's Council of Indian River County, Inc. asking if the County would have a single office space available for their use. There is a vacant office in the facility currently occupied by the Veterans Service located at 2525 St. Lucie Avenue, Vero Beach., Florida. The Veterans Service is open to the idea of granting the Veteran's Council's request. Both organizations work closely together for the benefit of the veterans in our area. The county administrator has approved the request subject to any future need of the space by the county. FUNDING: No Funding would be requested as the County is currently in a lease with Treasure Coast Homeless Services Council, Inc. for this facility. Approved Agenda Item Joseph A. Baird County Administrator FOR: tol11 ' % ��f Indian River Co. Approved Date Administration T4JC0 /. County Attorney 9! JEFFREY FFREY R. SMITH, CPA, CGFO, CDMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTO THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 18, 2014 SUBJECT: APPROVAL OF WARRANTS September 12, 2014 to September 18, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of September 12, 2014 to September 18, 2014. Attachment: DB: MS 18 CHECK NBR 317153 317154 317155 317156 317157 317158 317159 317160 317161 317162 317163 317164 317165 317166 317167 317168 317169 317170 317171 317172 317173 317174 317175 317176 317177 317178 317179 317180 317181 317182 317183 317184 317185 317186 317187 317188 317189 317190 317191 317192 317193 317194 317195 317196 317197 317198 317199 317200 317201 317202 317203 317204 317205 317206 317207 317208 317209 317210 CHECKS WRITTEN CK DATE VENDOR 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 UTIL REFUNDS 9/18/2014 PORT CONSOLIDATED INC 9/18/2014 JORDAN MOWER INC 9/18/2014 TEN -8 FIRE EQUIPMENT INC 9/18/2014 RANGER CONSTRUCTION IND INC 9/18/2014 VERO CHEMICAL DISTRIBUTORS INC 9/18/2014 CHISHOLM CORP OF VERO 9/18/2014 VELDE FORD INC 9/18/2014 AT&T WIRELESS 9/18/2014 AT&T WIRELESS 9/18/2014 GRAINGER 9/18/2014 KELLY TRACTOR CO 9/18/2014 SAFETY KLEEN SYSTEMS INC 9/18/2014 REPUBLIC SERVICES OF FLORIDA 9/18/2014 AMERIGAS EAGLE PROPANE LP 9/18/2014 AMERIGAS EAGLE PROPANE LP 9/18/2014 GAYLORD BROTHERS INC 9/18/2014 HACH CO 9/18/2014 MARK W HILL 9/18/2014 HUSTONS COMMERCIAL INTERIORS 9/18/2014 BOUND TREE MEDICAL LLC 9/18/2014 SCHULKE BITTLE & STODDARD LLC 9/18/2014 PETES CONCRETE 9/18/2014 EGP INC 9/18/2014 VERO INDUSTRIAL SUPPLY INC 9/18/2014 SIGNAL GROUP INC 9/18/2014 EXPRESS REEL GRINDING INC 9/18/2014 TIRESOLES OF BROWARD INC 9/18/2014 GOLF SPECIALTIES INC 9/18/2014 GENERAL PART INC 9/18/2014 BAKER & TAYLOR INC 9/18/2014 MIDWEST TAPE LLC AMOUNT 65.85 12.24 47.33 36.70 96.40 54.30 34.93 219.15 61.12 68.06 50.72 58.38 23.20 21.97 39.17 24.55 72.43 58.29 60.78 71.21 39.05 28.51 25.06 22.54 56.34 39.04 25.91 655.70 692.17 2,228.70 547.40 959.60 2,423.88 616.20 1,673.83 1,887.84 554.41 1,866.31 165.43 48,066.74 124.00 599.37 336.17 171.79 73.50 1,708.84 58.08 2,605.44 1,350.00 357.79 199.58 39,535.88 3,060.00 1,589.61 3,125.00 1,087.54 3,265.46 445.41 1 19 CHECK NBR 317211 317212 317213 317214 317215 317216 317217 317218 317219 317220 317221 317222 317223 317224 317225 317226 317227 317228 317229 317230 317231 317232 317233 317234 317235 317236 317237 317238 317239 317240 317241 317242 317243 317244 317245 317246 317247 317248 317249 317250 317251 317252 317253 317254 317255 317256 317257 317258 317259 317260 317261 317262 317263 317264 317265 317266 317267 317268 317269 317270 CK DATE VENDOR 9/18/2014 PRECISION CONTRACTING SERVICES INC 9/18/2014 MICROMARKETING LLC 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 GO COASTAL INC RELIABLE POLY JOHN ORANGE COUNTY HOUSING & C D ALL FLORIDA REALTY SERVICES INC RIVER PARK ASSOCIATES CREATIVE CHOICE HOMES XVI LTD CLERK OF CIRCUIT COURT CITY OF VERO BEACH UNITED PARCEL SERVICE INC B/C B/S OF FL ADM FEE JANITORIAL DEPOT OF AMERICA INC PUBLIX SUPERMARKETS WAL MART STORES EAST LP ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC EXCHANGE CLUB CASTLE GEOSYNTEC CONSULTANTS INC IRC CHAMBER OF COMMERCE FEDERAL EXPRESS RIVERFRONT HOTEL LLC FAMOSO INC CITY OF SEBASTIAN FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT MIKE CLIFFORD BLUE CROSS & BLUE SHIELD of FLORIDA BRE-CLEARWATER OWNER LLC BRE-CLEARWATER OWNER LLC STATE ATTORNEY STATE ATTORNEY CITY OF FELLSMERE NEW HORIZONS OF THE TREASURE COAST CATHOLIC CHARITIES DIOCESE OF PALM BCH SASAN ROHANI COX GIFFORD SEAWINDS HENRY SMITH INDIAN RIVER FARMS WATER CNTRL DIST INDIAN RIVER FARMS WATER CNTRL DIST COUNTY VETERAN SERVICE OFFICERS COUNTY VETERAN SERVICE OFFICERS PITNEY BOWES INC ALAN C KAUFFMANN G K ENVIRONMENTAL INC CHILDRENS HOME SOCIETY OF FL HAMPTON INN BANK OF NEW YORK PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVCO ELECTRICAL CONTRACTORS CORP SYMBIONT SERVICE CORP FLORIDA LEGISLATURE STAN BOLING THE PALMS AT VERO BEACH RUSSELL PAYNE INC DOWN UNDER TANK TESTING OF AMERICA BOYLE & DRAKE INC CINTAS CORPORATION NO 2 VAN WAL INC AMOUNT 22,252.75 63.95 102.00 53.00 790.36 500.00 502.00 545.00 41.53 87,259.07 18.13 9,990.00 1,547.40 14.95 133.81 75.75 2,762.19 4,406.97 25,885.48 24,359.85 55.21 447.00 484.80 20,906.91 40,358.90 1,063.67 300.00 1,469.40 424.00 424.00 1,168.19 600.00 24.24 22,812.83 2,231.96 118.02 425.00 100.00 200.00 2,528.03 160.00 160.00 79.42 80.00 7,874.00 1,500.00 89.00 300.00 1,079.00 452.00 5,438.00 403.02 600.00 118.02 241.00 26.04 1,820.00 350.00 345.35 882.00 2 20 CHECK NBR 317271 317272 317273 317274 317275 317276 317277 317278 317279 317280 317281 317282 317283 317284 317285 317286 317287 317288 317289 317290 317291 317292 317293 317294 317295 317296 317297 317298 317299 317300 317301 317302 317303 317304 317305 317306 317307 317308 317309 317310 317311 317312 317313 317314 317315 317316 317317 317318 317319 317320 317321 317322 317323 317324 317325 317326 317327 317328 317329 317330 CK DATE VENDOR 9/18/2014 JOSEPH W VASQUEZ 9/18/2014 BIG BROTHERS AND BIG SISTERS 9/18/2014 CENTRAL PUMP & SUPPLY INC 9/18/2014 BILL BRES SETT 9/18/2014 C W NIELSEN MFG CORP 9/18/2014 LARRY STEPHENS 9/18/2014 JOHN DEERE LANDSCAPES 9/18/2014 ORCHID ISLAND PROPERTY MGMT II INC 9/18/2014 MALA GEOSCIENCE USA INC 9/18/2014 METRO FIRE PROTECTION SERVICES INC 9/18/2014 IST FIRE & SECURITY INC 9/18/2014 HINKLE & SONS SERVICES INC 9/18/2014 SUNCOAST REALTY & RENTAL MGMT LLC 9/18/2014 HIBU INC 9/18/2014 JOHNNY B SMITH 9/18/2014 DANE MACDONALD 9/18/2014 GLOBALSTAR USA 9/18/2014 TERRY KELLAGHER 9/18/2014 TONYA COLETTI 9/18/2014 DANIEL IOFFREDO 9/18/2014 BENNETTAUTO SUPPLY INC 9/18/2014 RENAE CHANDLER 9/18/2014 JILL WILLIAMS 9/18/2014 MICHELLE VAN KEULEN 9/18/2014 STANDARD LIFE INSURANCE 9/18/2014 K'S COMMERCIAL CLEANING 9/18/2014 YOUTH GUIDANCE DONATION FUND 9/18/2014 NICOLACE MARKETING INC 9/18/2014 MARTHA HUDSON 9/18/2014 MARTHA HUDSON 9/18/2014 TRITEL INC 9/18/2014 SOUTHEAST POWER SYSTEMS OF ORLANDO 9/18/2014 HMA-SOLANTIC JOINT VENTURE LLC DBA 9/18/2014 SANDYARACENA 9/18/2014 MELVIN BUSH CONSTRUCTION INC 9/18/2014 HEALTH ADVOCATE 9/18/2014 INEOS NEW PLANET BIOENERGY LLC 9/18/2014 WOERNER DEVELOPMENT INC 9/18/2014 ATLANTIC COASTAL LAND TITLE CO LLC 9/18/2014 BOULEVARD TIRE CENTER 9/18/2014 YOUR AQUA INSTRUCTOR LLC 9/18/2014 MURPHY & WALKER P L 9/18/2014 IMAGINE SCHOOLS AT SOUTH VERO 9/18/2014 SAFETY SCHELL CORPORATION 9/18/2014 SYN -TECH SYSTEMS INC 9/18/2014 ROYALTY AIR LLC 9/18/2014 DELRAY MOTORS 9/18/2014 AG SCAPE SERVICES INC 9/18/2014 OVERDRIVE INC 9/18/2014 FCC ENVIRONMENTAL LLC 9/18/2014 RAYMOND J DUCHEMIN 9/18/2014 AHS HOLDINGS GROUP LLC 9/18/2014 OSCEOLA PHARMACY OF VERO BEACH 9/18/2014 ORLANDO FREIGHTLINER INC 9/18/2014 YP LLC 9/18/2014 CLEAR VILLAGE INC 9/18/2014 CLEAR VILLAGE INC 9/18/2014 CLEAR VILLAGE INC 9/18/2014 CLEAR VILLAGE INC 9/18/2014 HIGHMARK STOP LOSS AMOUNT 100.00 1,250.00 9.36 40.00 596.30 40.00 544.00 900.00 25.00 140.00 384.63 3,500.00 500.00 251.00 100.00 20.00 119.12 42.51 50.00 40.00 531.96 30.00 12.30 50.00 750.00 660.00 625.00 1,716.90 458.00 500.00 99.00 78.8.55 80.00 100.00 80,250.50 330.00 25,056.17 283.00 85.00 2,431.97 110.00 3,520.23 150.00 1,406.61 668.25 1,770.00 131.95 555.00 2,689.67 68.17 100.00 905.00 176.00 244.13 137.80 505.12 10,3 00.00 15,600.00 19,512.00 4,900.00 3 21 CHECK NBR 317331 317332 317333 317334 317335 317336 317337 317338 317339 317340 317341 317342 317343 317344 317345 317346 317347 317348 317349 317350 317351 317352 317353 317354 317355 317356 317357 317358 317359 317360 317361 317362 317363 317364 317365 317366 317367 317368 317369 317370 317371 317372 317373 317374 317375 317376 317377 317378 317379 317380 317381 317382 317383 317384 317385 317386 317387 317388 317389 317390 CK DATE 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 VENDOR AMOUNT AMERI RECREATIONAL SPORTS LLC 7,074.99 MILLIKEN FORESTRY COMPANY INC 1,500.00 R J SULLIVAN CORP 4,854.32 REPROGRAPHIC SOLUTIONS INC 11.00 LOWES HOME CENTERS INC 2,601.23 LABOR READY SOUTHEAST INC 9,655.68 CANON SOLUTIONS AMERICA INC 970.80 BLTREJV3 PALM BEACH LLC 720.00 ALEX MIKLO 40.00 TRV ADVERTISTING & MARKETING INC 1,270.00 BURNETT LIME CO INC 3,232.60 SOUTHWIDE INDUSTRIES INC 8,018.60 IMPECCABLE SIGNS INC 252.00 BALLARD PARTNERS INC 6,250.00 KANSAS STATE BANK OF MANHATTAN 1,167.37 SUMMIT CONSTRUCTION OF VERO BEACH LLC 19,891.20 BAYSHORE CONSTRUCTION INC 114,479.60 NOVOTEC RECYCLING LLC 5,281.94 COAST TO COAST COMPUTER PRODUCTS 23.88 THE LAW OFFICES OF JENNIFER D PESHKE PA 2,342.00 AXIS DATA SOLUTIONS INC 16,373.45 TREASURE COAST CONSULTING INC 183.00 YCHEIRI RIVERA 50.00 KERIN KIRCHNER 50.00 BRITNIE WALKER 50.00 STILLWATER CONSTRUCTION INC 24,320.00 ELEANOR & LARRY FINLEY 31.78 NAPIER & ROLLIN PLLC 787.50 THOMAS G PUORRO & KAREN PAGLIUSO 57.07 PATRICIA KAY MYERS 194.40 NICHOLAS ZINNI SR 219.18 MATTHEW LAMBIE 237.20 ROSALIE E YESCOTT 218.95 BRYAN CAVE LLP 937.50 UTIL REFUNDS 36.71 UTIL REFUNDS 31.40 UTIL REFUNDS 33.54 UTIL REFUNDS 19.13 UTIL REFUNDS 53.86 UTIL REFUNDS 91.23 UTIL REFUNDS 3.86 UTIL REFUNDS 71.08 UTIL REFUNDS 51.91 UTIL REFUNDS 64.38 UTIL REFUNDS 28.07 UTIL REFUNDS 53.48 UTIL REFUNDS 86.74 UTIL REFUNDS 70.60 UTIL REFUNDS 46.54 UTIL REFUNDS 21.54 UTIL REFUNDS 71.21 UTIL REFUNDS 32.23 UTIL REFUNDS 38.76 UTIL REFUNDS 44.65 UTIL REFUNDS 66.48 UTIL REFUNDS 38.98 UTIL REFUNDS 26.94 UTIL REFUNDS 42.05 UTIL REFUNDS 23.11 UTIL REFUNDS 39.32 4 22 CHECK NBR 317391 317392 317393 317394 317395 317396 Grand Total: CK DATE 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 78.32 17.94 40.85 15.42 17.94 37.25 844,571.06 5 23 TRANS NBR 3179 3180 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/12/2014 9/15/2014 9/16/2014 VENDOR ICMA RETIREMENT CORPORATION NACO/SOUTHEAST IRC FIRE FIGHTERS ASSOC FLORIDA LEAGUE OF CITIES, INC BENEFITS WORKSHOP NACO/SOUTHEAST ICMA RETIREMENT CORPORATION FL SDU ALLIANCE TITLE OF THE TREASURE COAST, LLC JMC SERVICES INC CDM SMITH INC KIMLEY HORN & ASSOC INC R J SULLIVAN CORP IRS -PAYROLL TAXES IRS -PAYROLL TAXES AMOUNT 2,142.31 35,586.51 6,210.00 5,634.83 7,948.14 465.26 9,678.77 7,729.15 15,000.00 45,605.88 27,711.70 16,398.38 43,536.07 398,795.34 19,272.70 641,715.04 1 24 TRANS. NBR 1004812 1004813 1004814 1004815 1004816 1004817 1004818 1004819 1004820 1004821 1004822 1004823 1004824 1004825 1004826 1004827 1004828 1004829 1004830 1004831 1004832 1004833 1004834 1004835 1004836 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 9/15/2014 9/15/2014 9/15/2014 9/15/2014 9/15/2014 9/15/2014 9/15/2014 9/15/2014 9/15/2014 9/17/2014 9/17/2014 9/17/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 9/18/2014 VENDOR EVERGLADES FARM EQUIPMENT CO INC LIGHTSOURCE IMAGING SOLUTIONS LLC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC MIKES GARAGE & WRECKER SERVICE INC PLAYCORE HOLDINGS INC MEEKS PLUMBING INC ARAMARK UNIFORM & CAREER APPAREL LLC S & S AUTO PARTS AT&T WASTE MANAGEMENT INC ARAMARK UNIFORM & CAREER APPAREL LLC ADRON FENCE COMPANY INC PRAXAIR DISTRIBUTION SOUTHEAST LLC SMITH BROTHERS CONTRACTING EQUIP ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP SOUTHERN COMPUTER WAREHOUSE WIGINTON CORP PERKINS INDIAN RIVER PHARMACY BARKER ELECTRIC, AIR CONDITIONING SHRIEVE CHEMICAL CO SOUTHERN JANITOR SUPPLY INC STAT MEDICAL DISPOSAL INC PACE ANALYTICAL SERVICES INC AMOUNT 399.04 85.75 398.00 81.25 180.00 770.00 170.00 2,680.14 165.44 2,875.05 7,529.12 1,257.00 4,743.00 771.61 92.43 1,581.15 2,658.02 1,674.71 570.00 121.98 485.00 2,938.17 1,375.46 440.00 102.00 34,144.32 1 25 JEFFREY R. SMITH, CPA, CGFO, CDMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 25, 2014 SUBJECT: APPROVAL OF WARRANTS September 19, 2014 to September 25, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of September 19, 2014 to September 25, 2014. Attachment: DB: MS 26 CHECK NBR 317397 317398 317399 317400 317401 317402 317403 317404 317405 317406 317407 317408 317409 317410 317411 317412 317413 317414 317415 317416 317417 317418 317419 317420 317421 317422 317423 317424 317425 317426 317427 317428 317429 317430 317431 317432 317433 317434 317435 317436 317437 317438 317439 317440 317441 317442 317443 317444 317445 317446 317447 317448 317449 317450 317451 317452 317453 317454 CHECKS WRITTEN CK DATE VENDOR 9/25/2014 PORT CONSOLIDATED INC 9/25/2014 JORDAN MOWER INC 9/25/2014 RANGER CONSTRUCTION IND INC 9/25/2014 RICOH USA INC 9/25/2014 CHISHOLM CORP OF VERO 9/25/2014 VELDE FORD INC 9/25/2014 AT&T WIRELESS 9/25/2014 DATA FLOW SYSTEMS INC 9/25/2014 BRENDA DICKHART 9/25/2014 PARALEE COMPANY INC 9/25/2014 DELTA SUPPLY CO 9/25/2014 E -Z BREW COFFEE & BOTTLE WATER SVC 9/25/2014 KELLY TRACTOR CO 9/25/2014 REPUBLIC SERVICES OF FLORIDA 9/25/2014 AMERIGAS EAGLE PROPANE LP 9/25/2014 AMERIGAS EAGLE PROPANE LP 9/25/2014 WILD LAND ENTERPRISES INC 9/25/2014 HACH CO 9/25/2014 MARK W HILL 9/25/2014 DUVAL FORD 9/25/2014 KSM ENGINEERING & TESTING INC 9/25/2014 RELIABLE SEPTIC AND SERVICE 9/25/2014 HD SUPPLY WATERWORKS, LTD 9/25/2014 EGP INC 9/25/2014 PROFORMA IMAGING 9/25/2014 EXPRESS REEL GRINDING INC 9/25/2014 TIRESOLES OF BROWARD INC 9/25/2014 FIRESTONE COMPLETE AUTO CARE 9/25/2014 ECOLOGICAL ASSOCIATES INC 9/25/2014 DELL MARKETING LP 9/25/2014 GOLF SPECIALTIES INC 9/25/2014 GENERAL PART INC 9/25/2014 GOODYEAR AUTO SERVICE CENTER 9/25/2014 BAKER & TAYLOR INC 9/25/2014 BRANDTS APPLIANCE SERVICE INC 9/25/2014 MIDWEST TAPE LLC 9/25/2014 PRECISION CONTRACTING SERVICES INC 9/25/2014 MICROMARKETING LLC 9/25/2014 K & M ELECTRIC SUPPLY 9/25/2014 SOFTWARE HARDWARE INTEGRATION 9/25/2014 PST SERVICES INC 9/25/2014 CITY OF VERO BEACH 9/25/2014 ILLINOIS STATE DISBURSEMENT UNIT 9/25/2014 CHAPTER 13 TRUSTEE 9/25/2014 UNITED WAY OF INDIAN RIVER COUNTY 9/25/2014 B/C B/S OF FL ADM FEE 9/25/2014 JANITORIAL DEPOT OF AMERICA INC 9/25/2014 TREASURE COAST HOMELESS SERVICES 9/25/2014 HUMANE SOCIETY 9/25/2014 INTERNATIONAL GOLF MAINTENANCE INC 9/25/2014 CULTURAL COUNCIL OF IRC 9/25/2014 FLORIDA WATER & POLLUTION CONTROL 9/25/2014 GEOSYNTEC CONSULTANTS INC 9/25/2014 DUMONT COMPANY INC 9/25/2014 INDIAN RIVER HABITAT 9/25/2014 WEST PUBLISHING CORPORATION 9/25/2014 FEDERAL EXPRESS 9/25/2014 MUNICIPAL CODE CORPORATION AMOUNT 153,264.89 865.62 107.10 150.40 1,010.50 2,237.48 196.96 1,313.50 390.00 400.00 110.84 3.97 91.44 871,672.36 31.49 3,098.05 18.70 852.39 428.88 21,850.00 1,865.00 45.00 2,697.62 147.31 44.44 530.00 788.20 691.05 43,183.46 17,239.77 3,125.00 860.68 49.00 3,085.37 89.00 1,959.39 30,232.75 199.10 24.67 72.00 33,737.01 17,553.66 142.32 478.38 806.94 33,166.80 2,545.32 6,641.18 26,160.00 85,581.00 25,986.96 30.00 767.35 1,679.50 3,346.50 97.00 53.59 537.89 1 CHECK NBR 317455 317456 317457 317458 317459 317460 317461 317462 317463 317464 317465 317466 317467 317468 317469 317470 317471 317472 317473 317474 317475 317476 317477 317478 317479 317480 317481 317482 317483 317484 317485 317486 317487 317488 317489 317490 317491 317492 317493 317494 317495 317496 317497 317498 317499 317500 317501 317502 317503 317504 317505 317506 317507 317508 317509 317510 317511 317512 317513 317514 CK DATE VENDOR AMOUNT 9/25/2014 ELIZABETH MARTIN 99.68 9/25/2014 FAMOSO INC 606.00 9/25/2014 SPRINT SPECTRUM LP 27.64 9/25/2014 SPRINT SPECTRUM LP 91.11 9/25/2014 SPRINT SPECTRUM LP 229.88 9/25/2014 TIMOTHY ROSE CONTRACTING INC 590,229.45 9/25/2014 VERO HERITAGE INC 550.00 9/25/2014 CORPORATION OF THE PRESIDING BISHOP 1,451.58 9/25/2014 ROSEN CENTRE HOTEL 312.00 9/25/2014 FLORIDA RECREATION & PARK ASSOC INC 160.00 9/25/2014 FLORIDA POWER AND LIGHT 111,639.90 9/25/2014 FLORIDA POWER AND LIGHT 406.51 9/25/2014 INDIAN RIVER COUNTY TAX COLLECTOR 517.49 9/25/2014 PHILLIP J MATSON 16.91 9/25/2014 GIFFORD YOUTH ACTIVITY CENTER INC 9,361.94 9/25/2014 STATE ATTORNEY 400.00 9/25/2014 GLOBAL GOLF SALES INC 210.87 9/25/2014 LANGUAGE LINE SERVICES INC 160.88 9/25/2014 STRUNK FUNERAL HOMES & CREMATORY 425.00 9/25/2014 STRUNK FUNERAL HOMES & CREMATORY 425.00 9/25/2014 MEDICARE PART B FINANCIAL SERVICES 564.36 9/25/2014 SERVICE FILTRATION CORPORATION 1,814.44 9/25/2014 COX GIFFORD SEAWINDS 425.00 9/25/2014 HENRY SMITH 150.00 9/25/2014 CERTIFIED BUILDING CORPORATION 100.00 9/25/2014 INDIAN RIVER COUNTY HISTORICAL 2,607.38 9/25/2014 BLUE CROSS BLUE SHIELD 1,178.19 9/25/2014 MICHAEL REDSTONE 9.75 9/25/2014 DONADIO AND ASSOCIATES ARCHITECTS 478.95 9/25/2014 C & C ELECTRIC WORKS INC 5,393.00 9/25/2014 HAYTH,HAYTH & LANDAU 125.00 9/25/2014 HOMETOWN NEWS 350.00 9/25/2014 ST LUCIE COUNTY BOCC 2,750.00 9/25/2014 RUSSELL PAYNE INC 170.73 9/25/2014 MT ZION MISSIONARY BAPTIST CHURCH OF VB INC 1,016.11 9/25/2014 BUDGET NOTARY SERVICES INC 74.26 9/25/2014 JOSEPH W VASQUEZ 150.00 9/25/2014 CHAMPVA CENTER 95.94 9/25/2014 FLORIDA RURAL LEGAL SERVICES INC 2,268.40 9/25/2014 UNITED RENTALS NORTH AMERICA INC 1,199.20 9/25/2014 JOHNS EASTERN COMPANY INC 5,876.71 9/25/2014 MBV ENGINEERING INC 112.50 9/25/2014 CENTRAL PUMP & SUPPLY INC 435.12 9/25/2014 PROGRESSIVE INSURANCE 49.20 9/25/2014 AWERBACH & COHN PA 1,566.00 9/25/2014 WILLIAM WICKER 31.78 9/25/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 209.42 9/25/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 212.26 9/25/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 118.43 9/25/2014 CHANNING CORP XXIX 50.00 9/25/2014 BILL BRESSETT 40.00 9/25/2014 LARRY STEPHENS 30.00 9/25/2014 JOHN DEERE LANDSCAPES 375.19 9/25/2014 BARBARO, ANTHONY & FRANCES 35.70 9/25/2014 ORCHID ISLAND PROPERTY MGMT II INC 1,692.00 9/25/2014 1ST FIRE & SECURITY INC 2,664.00 9/25/2014 BLUE CROSS BLUE SHIELD 87.92 9/25/2014 SONRISE VILLAS LLC 500.00 9/25/2014 JOHNNY B SMITH 150.00 9/25/2014 FISHER & PHILLIPS LLP 1,729.95 2 CHECK NBR CK DATE VENDOR AMOUNT 317515 9/25/2014 DYNAMIC AIR QUALITY & COOLING INC 8,365.00 317516 9/25/2014 REDLANDS CHRISTIAN MIGRANT ASSOC 2,152.83 317517 9/25/2014 DONALD &MARY ANN LUISI 50.00 317518 9/25/2014 WILLIAM B PETERSON 39.42 317519 9/25/2014 PATTYACALCALCATERRA 500.00 317520 9/25/2014 BENNETT AUTO SUPPLY INC 648.33 317521 9/25/2014 HORACE A LINDSAY 100.00 317522 9/25/2014 TREASURE COAST FOOD BANK INC 353.18 317523 9/25/2014 TREASURE COAST SPRINKLERS INC 3,161.00 317524 9/25/2014 BRUCE SMITH CUSTOM HOMES 137.67 317525 9/25/2014 NICOLACE MARKETING INC 100.00 317526 9/25/2014 MARTHA HUDSON 500.00 317527 9/25/2014 FLORIDA MEDICAID 308.57 317528 9/25/2014 BRADY, RICHARD & PATRICIA 150.00 317529 9/25/2014 HELPING ANIMALS LIVE-OVERCOME 26.00 317530 9/25/2014 GLISSON & CO INC 2,100.00 317531 9/25/2014 ALMM LLC 700.00 317532 9/25/2014 HEALTH ADVOCATE 1,095.60 317533 9/25/2014 WOERNER DEVELOPMENT INC 685.00 317534 9/25/2014 TERRI FLOYD 35.00 317535 9/25/2014 YOUR AQUA INSTRUCTOR LLC 70.00 317536 9/25/2014 MURPHY & WALKER P L 4,828.17 317537 9/25/2014 SAFETY SCHELL CORPORATION 970.00 317538 9/25/2014 DELRAY MOTORS 411.65 317539 9/25/2014 FCC ENVIRONMENTAL LLC 39.33 317540 9/25/2014 FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.33 317541 9/25/2014 BCBS OF RHODE ISLAND 131.28 317542 9/25/2014 GFA INTERNATIONAL INC 3,449.25 317543 9/25/2014 CLEAR VILLAGE INC 5,830.96 317544 9/25/2014 HIGHMARK STOP LOSS 16,268.00 317545 9/25/2014 ALAN JAY FORD LINCOLN MERCURY INC 23,117.00 317546 9/25/2014 CONRADO ENTERPRISES OF INDIAN RIVER COUNTY I 100.00 317547 9/25/2014 TIM ZORC 87.96 317548 9/25/2014 R J SULLIVAN CORP 1,000.00 317549 9/25/2014 REPROGRAPHIC SOLUTIONS INC 37.00 317550 9/25/2014 AMERICAN MESSAGING SERVICES LLC 35.17 317551 9/25/2014 LOWES HOME CENTERS INC 717.40 317552 9/25/2014 LABOR READY SOUTHEAST INC 12,926.88 317553 9/25/2014 CARDINAL HEALTH 110 INC 13,451.96 317554 9/25/2014 CARDINAL HEALTH 110 INC 1,434.96 317555 9/25/2014 TREASURE COAST TURF INC 128.00 317556 9/25/2014 CALDWELL PACETTI EDWARDS 1,777.50 317557 9/25/2014 SOUTHERN MANAGEMENT LLC 4,502.50 317558 9/25/2014 OAC ACTION CONSTRUCTION CORP 80,317.49 317559 9/25/2014 CHEMTRADE CHEMICALS CORPORTATION 2,504.53 317560 9/25/2014 FAMILY SUPPORT REGISTRY 9.66 317561 9/25/2014 COAST TO COAST COMPUTER PRODUCTS 137.98 317562 9/25/2014 RDW QUALITY BUILDERS LLC 8,806.00 317563 9/25/2014 KESSLER CONSULTING INC 6,925.00 317564 9/25/2014 SPORT SURFACES LLC 4,285.00 317565 9/25/2014 BROADSPIRE 513.20 317566 9/25/2014 GOLF SCORE CARDS INC 3,035.00 317567 9/25/2014 SUPERSCOPE TECHNOLOGIES INC 185.00 317568 9/25/2014 K-LOG CO INC 1,819.96 317569 9/25/2014 STILLWATER CONSTRUCTION INC 14,740.00 317570 9/25/2014 MARVEN GLEN 97.57 317571 9/25/2014 THOMAS J JENNINGS 99.38 317572 9/25/2014 CHRISTINE STOVALL 88.97 317573 9/25/2014 RINDA J TUCK 93.88 317574 9/25/2014 ROSARY YOUNG 49.01 3 CHECK NBR 317575 317576 317577 317578 317579 317580 317581 317582 317583 317584 317585 317586 317587 317588 317589 317590 317591 317592 317593 317594 317595 317596 317597 317598 317599 317600 317601 317602 317603 317604 317605 317606 317607 317608 317609 317610 317611 317612 317613 317614 317615 317616 317617 317618 317619 317620 317621 317622 317623 317624 317625 317626 317627 Grand Total: CK DATE VENDOR 9/25/2014 KINGDOM HARVEST INC 9/25/2014 INTEGRITY LAWNS LLC 9/25/2014 SHELLY MAZUR 9/25/2014 GRAYSON MILLER 9/25/2014 PATRICIA BLYTHE 9/25/2014 CORY VAN VALKENBURG 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 9/25/2014 RAUN MCMILLAN IVAN S RESNICK CYNTHIA CORBIN FRANK CAMEROTA WALTER DINGUS C B GOLDSMITH AND ASSOCIATES INC UTIL REFUNDS UTIL REFUNDS UT'', REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 4,000.00 1,750.00 50.00 50.00 280.00 62.07 50.00 218.82 31.78 100.00 400.00 26,752.92 43.93 323.90 75.96 170.67 89.37 68.41 34.92 194.69 41.90 39.04 46.70 54.32 81.89 69.07 23.88 66.07 62.95 25.95 54.07 44.80 89.37 62.15 9.81 28.34 79.20 38.40 9.21 10.33 7.14 4.27 40.13 81.82 23.32 149.11 26.97 34.10 9.91 44.52 44.72 27.49 40.99 2,433,826.42 4 TRANS NBR 3194 3195 3196 Grand Total: ELEC IRONIC PAYMENTS - WIRE & ACH DATE 9/18/2014 9/19/2014 9/24/2014 VENDOR I R C HEALTH INSURANCE - TRUST SCHOOL DISTRICT'OF I R COUNTY I R C HEALTH INSURANCE - TRUST AMOUNT 53,244.80 127,055.00 448,327.10 628,626.90 1 TRANS. NBR 1004837 1004838 1004839 1004840 1004841 1004842 1004843 1004844 1004845 1004846 1004847 1004848 1004849 1004850 1004851 1004852 1004853 1004854 1004855 1004856 1004857 1004858 1004859 1004860 1004861 1004862 1004863 1004864 1004865 1004866 1004867 1004868 1004869 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/19/2014 9/23/2014 9/23/2014 9/23/2014 9/23/2014 9/23/2014 9/23/2014 9/23/2014 9/23/2014 VENDOR AMOUNT EVERGLADES FARM EQUIPMENT CO INC 1,358.87 PRAXAIR DISTRIBUTION SOUTHEAST LLC 325.32 COMMUNICATIONS INTERNATIONAL 6,164.58 SAFETY PRODUCTS INC 130.06 COLD AIR DISTRIBUTORS WAREHOUSE 1,041.94 INDIAN RIVER BATTERY 131.45 INDIAN RIVER OXYGEN INC 3,006.00 MIKES GARAGE & WRECKER SERVICE INC 440.00 DAVES SPORTING GOODS & TROPHIES 1,688.00 APPLE INDUSTRIAL SUPPLY CO 145.08 ALLIED UNIVERSAL CORP 17,530.09 NEC CORPORATION OF AMERICA 4,870.25 CENGAGE LEARNING CORPORATION 890.81 COMMERCIAL ENERGY SPECIALISTS 586.17 FERGUSON ENTERPRISES INC 3,406.00 SOUTHERN PLUMBING INC 139.00 POLYDYNE INC 2,576.00 COPYTRONICS INC 446.34 CAPITAL OFFICE PRODUCTS 3,148.65 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 70.20 MUNICIPAL WATER WORKS INC 1,532.21 CUMMINS POWER SOUTH LLC 3,021.74 AUTO PARTNERS LLC 121.05 S & S AUTO PARTS 179.27 CM&S INDUSTRIES INC 2,647.00 RING POWER CORPORATION 1,730.00 TEAM EQUIPMENT INC 9,298.00 ST LUCIE BATTERY & TIRE CO 985.00 ARAMARK UNIFORM & CAREER APPAREL LLC 1,183.18 SOUTHERN COMPUTER WAREHOUSE 3,227.27 PRIDE ENTERPRISES 23.00 SOUTHERN PLUMBING INC 295.80 SYNAGRO-WWT INC 44,315.39 116,653.72 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ( O\St-VI TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Directo AND Christopher J. Kafer, Jr., P.E., County Engine FROM: David W. Schryver, P.S.M., County Surveyor SUBJECT: Annual Renewals for Professional Service Agreements for Annual Surveying and Mapping Services Contract IRC Project No 1333 RFQ # 2013043 DATE: July 21, 2014 DESCRIPTION AND CONDITIONS On August 20, 2013 the Board of County Commissioners approved the five (5) firms selected for the continuing Surveying and Mapping services Contract with Indian River County. The original contract was for one year with an option for two (2) one-year renewals at the county's discretion. This renewal is for the first one (1) year renewal option. County staff has negotiated standard fee schedules with each individual firm on the selection list. The fee schedule(s) reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects, work orders and purchase orders. The selected firms below have submitted fee schedules that have been accepted by reviewing staff. All submitted fee schedules are unchanged for the renewal period. Carter Associates, Inc. Kimley-Horn & Assoc., Inc. Masteller, Moler & Taylor, Inc. (f/k/a Masteller, Moler, Reed & Taylor, Inc.) Morgan Eklund, Inc. Southeastern Surveying and Mapping Corporation FUNDING Vero Beach, Florida Vero Beach, Florida Vero Beach, Florida Wabasso, Florida Orlando, Florida Funding is available from Secondary Roads — Annual Survey Services and various Other Professional Services accounts. The approved budget for Annual Survey Services is approximately $536,000.00 including rollover amounts. Funding for other professional services accounts is included within the relevant capital project budgets. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\agenda items11333 BCC Agn Approval Agreements 07-21-14.doc 33 PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. RECOMMENDATION Staff recommends approval of attached fee schedules and renewal of the agreements between the County and the five (5) firms selected; the requested approval shall establish a contractual agreement with the selected firms. DISTRIBUTION 1. David Silon, PSM, Assistant County Surveyor 2. Michael Nixon, P.E., Roadway Production Manager 3. Keith McCully, P.E., Stormwater Engineer 4. Arjuna Weragoda, P.E., Capital Projects Manager 5. Selected Firms ATTACHMENTS 1. Carter Associates, Inc. Agreement and Fee Schedule 2. Kimley-Horn & Assoc., Inc. Agreement and Fee Schedule 3. Masteller, Moler & Taylor, Inc. Agreement and Fee Schedule 4. Morgan Eklund, Inc. Agreement and Fee Schedule 5. Southeastern Surveying and Mapping Corporation Agreement and Fee Schedule APPROVED AGENDA ITEM FOR: October 7, 2014 BY:IL ' Indian River County Approved Date Administration le-Vd 1 Budget 71i►; q1�� i 4- Legal .,, [ - (5 -% -+ Risk Management •OQ- /S -/f Public Works C_ 9c-tS'- 114 Engineering ` / 9 75 / 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\agenda items\1333 BCC Agn Approval Agreements 07-21-14.doc 34 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County (COUNTY) and Carter Associates, Inc. (SURVEYOR) for Professional Survey & Mapping Services from October 1, 2014 to September 30, 2015. The original Agreement, approved October 1, 2013 shall be amended as follows: SECTION XVIII — INSURANCE 2. Minimum Scope of Insurance (for fees less than $500,000): D. Professional Liability Insurance providing coverage for negligent acts, errors or omissions .committed by the SURVEYOR with a $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to Toss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. SECTION XXIV — PUBLIC RECORDS COMPLIANCE A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The SURVEYOR shall comply with Florida's Public Records Law. Specifically, the SURVEYOR 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 SURVEYOR 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 SURVEYOR to comply with these requirements shall be a material breach of this Agreement. C:\Users\davidl\Desktop\Carter Associate Inc Renewal 2014-2015.doc 35 All other provisions of the original agreement, approved October 1, 2013 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 1, 2014 to September 30, 2015. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2014. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA CARTER ASSOCIATES, INC. Peter D. O'Bryan, Chairman David E. Luethje, Vice Preside Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legalfficiency: Dylan Reingold, COUNTY Attorney y. c$�� oseph A Baird, COUNTY Admi istrator C:\Users\davidl\Desktop\Carter Associate Inc Renewal 2014-2015.doc Witnessed by: b ( U (Signature) Carter Associates, Inc. ,S 6i I (3. t4Ji I fru-so (Printed name) 36 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET • VERO BEACH, FLORIDA 32960-3472 • 772-562-4191 • 772-562-7180 (FAX) .1NH. BLUM, P.E., PRINCIPAL AVID E. LUETHJE, P.S.M., PRINCIPAL GEORGE A. SIMONS, P.E., PRINCIPAL PATRICK S WALTHER, P.E., PRINCIPAL MARVIN E. CARTER, P.S M., Consultant to the Firm DEAN F. LUETHJE, P.E. (rt a Nc, Consultant to the Firin "EXHIBIT A" FRANK S. CUCCURESE, PS.M. CLINTON J. RABIES, P.E. STEVE D. SNOBERGER, P.E. INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING CONTRACT 1333 — OCTOBER 1, 2014 — SEPTEMBER 30, 2015 FEE SCHEDULE OFFICE: Surveyor I (Director / P.S.M.) Surveyor 11 (Project Manager / CADD Technician I (Senior Survey Technician) CADD Technician II (Cadd/Processing) Geodetic Processing GIS Technician / Analyst Word Processing (Administrative Assistant (Research Clerical) FIELD: 3 -Man Survey Crew 2 -Man Survey Crew SPECIALIZED EQUIPMENT: $140.00 $125.00 $ 80.00 $ 70.00 $140.00 $105.00 $ 40.00 $130.00 $120.00 12' Airboat $1,000/Day All Terrain Vehicle (ATV) $300/Day Swamp Buggy $800/Day ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Blueprints/Blackline (24" x 36") Mylar Photocopies: 8.5" x 11" 8.5" x 14" 11" x 17" Concrete Monuments Rebar Laths Su • -Consultants 1 z H. Blum, Treasurer Da e Cost 00 Ea. X7.00 Ea. 15¢/Each 25¢/Each '350/Each $15.00/Ea. $ 2.50/Ea. $ 0.75/Ea. Cost + 10% T Serving Florida .( �1 Since 1911 37 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County (COUNTY) and Kimley-Horn and Associates, Inc. (SURVEYOR) for Professional Survey & Mapping Services from October 1, 2014 to September 30, 2015. The original Agreement, approved October 1, 2013 shall be amended as follows: SECTION XVIII — INSURANCE 2. Minimum Scope of Insurance (for fees less than $500,000): D. Professional Liability Insurance providing coverage for negligent acts, errors or omissions committed by the SURVEYOR with a $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. SECTION XXIV — PUBLIC RECORDS COMPLIANCE A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The SURVEYOR shall comply with Florida's Public Records Law. Specifically, the SURVEYOR 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 SURVEYOR 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 SURVEYOR to comply with these requirements shall be a material breach of this Agreement. 38 All other provisions of the original agreement, approved October 1, 2013 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 1, 2014 to September 30, 2015. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2014. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA KIMLEY-HORN & ASSOCIATES, INC. Peter D. O'Bryan, Chairman Derrick B. Cave, P.E., Sr. Vice President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal Sfficiency: ,_ „. 1ylan Reingo d, CO NTY Attorney (2fj9. G X L1oseph aird, COUNTY Administrator Witnessed by: CO Oct... s-7,„ (Signature) Kimley-Horn & Associates, Inc. 4ta s tDe,M6-rcK (Printed name) 39 EXHIBIT 'A' Kimley-Horn and Associates, Inc. Annual Surveying and Mapping Services — IRC Contract No. 1333. FEE SCHEDULE October 1, 2014 through September 30, 2015 HOURLY RATES BY EMPLOYEE CLASSIFICATION: CLASSIFICATION Professional Surveyor and Mapper (PSM) Project Surveyor Survey technician/CADD technician Geodetic Processing Technician GIS Specialist GIS analyst / Technician Administrative, Research, Clerical Three -Man Field Crew Two -Man Field Crew GIS Data Collection- one person Authorized Reimbursable Expenses * Blueprints (24" X 36") Concrete Monuments Global Positioning System (GPS) *All other expenses relevant to project. Consultant's Signature and Position Date RATE $135.00 $120.00 $80.00 $100.00 $120.00 $85.00 $40.00 $135.00 $120.00 $80.00 $2.00/sheet $15.00 $15 per unit per hour 40 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County (COUNTY) and Masteller, Moler & Taylor, Inc., f/k/a Masteller, Moler, Reed & Taylor, Inc. (SURVEYOR) for Professional Survey & Mapping Services from October 1, 2014 to September 30, 2015. The original Agreement, approved October 1, 2013 shall be amended as follows: SECTION XVIII — INSURANCE 2. Minimum Scope of Insurance (for fees Tess than $500,000): D. Professional Liability Insurance providing coverage for negligent acts, errors or omissions committed by the SURVEYOR with a $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to Toss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. SECTION XXIV— PUBLIC RECORDS COMPLIANCE A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The SURVEYOR shall comply with Florida's Public Records Law. Specifically, the SURVEYOR 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 SURVEYOR 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 SURVEYOR to comply with these requirements shall be a material breach of this Agreement. S:\DOCUMENTS\WORK ORDERS\IRC #1333 - Work Orders\MMRT Inc Renewal 2014-2015.doc 41 All other provisions of the original agreement, approved October 1, 2013 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 1, 2014 to September 30, 2015. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2014. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA MASTELLER, MOLER & TAYLOR, INC. f.k.a. Mastelier, Moler, Reed & Taylor, Inc. Peter D. O'Bryan, Chairman Davi . Taylor, President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Leal Sufficiency: Witnessed by: Li/watts &o__&Q___ (Signature) Mastelier, Moler & Taylor, Inc. 11 9 ko(e L. PI assLe_ Dylan Reingold, COUNTY Attorney (Printed name) t oseph/A. Baird, COUNTY Administrator Z:\Peachw\MMRT Inc Renewal 2014-2015.doc 42 OFFICE: MASTELLER, MOLER & TAYLOR, INC. PROFESSIONAL SURVEYORS & MAPPERS Exhibit "A" Fee Schedule Professional Surveying and Mapping /GIS Services Indian River County Project #1333, Renewal Dates - October 1st, 2014 to September 30th, 2015 Project Manager/P.S.M.: Survey Technician (Gadd/Processing): Administrative Assistant (Research - Clerical): FIELD: Field Supervisor: 2 -man survey crew: 3 -man survey crew: GIS Data Collection (RTK survey accuracy): SPECIALIZED EQUIPMENT : Hydrographic Vessel: Digital Level: Additional GPS Unit: All Terrain Vehicles: ANTICIPATED REIMBURSABLE EXPENSES: Printing Reproduction: Concrete Monuments Consultant's Signature and Title: $120.00 $ 75.00 $ 40.00 $ 90.00 $115.00 $130.00 $110.00 $ 20.00 $ 35.00 $ 15.00 $ 10.00 $0.30/sq.ft. $15.00 vid M. Taylor President Date: El 1655 27th Street, Suite #2 Vero Beach, Florida 32960 Ph(772)564-8050 Fax(772) 794-0647 43 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County (COUNTY) and Morgan & Eklund, Inc. (SURVEYOR) for Professional Survey & Mapping Services from October 1, 2014 to September 30, 2015. The original Agreement, approved October 1, 2013 shall be amended as follows: SECTION XVIII — INSURANCE 2. Minimum Scope of Insurance (for fees Tess than 5500,000): D. Professional Liability Insurance providing coverage for negligent acts, errors or omissions committed by the SURVEYOR with a $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to Toss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. SECTION XXIV — PUBLIC RECORDS COMPLIANCE A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The SURVEYOR shall comply with Florida's Public Records Law. Specifically, the SURVEYOR 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 SURVEYOR 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 SURVEYOR to comply with these requirements shall be a material breach of this Agreement. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2014-2015 Renewals\Morgan and Eklund Inc Renewal 2014-2015.doc 44 All other provisions of the original agreement, approved October 1, 2013 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 1, 2014 to September 30, 2015. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2014. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: ylan Reingold, COU 'r Attorney h cum() JosepPl'/A. Baird, COUNTY Administrator MORGAN & EKLUND, INC. tIP' Int Joh Argan, PresideA Witnessed by: c Morgan & Eklund, Inc. // (Printed name) F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2014-2015 Renewals\Morgan and Eklund Inc Renewal 2014-2015.doc 45 MORGAN & EKLUND, INC. PROFESSIONAL SURVEY CONSULTANTS Morgan & Eklund, Inc. Exhibit "A" Fee Schedule October 1, 2014 to September 30, 2015 Rates for Indian River County Office Personnel: Chief Surveyor/PSM Project Surveyor/Manager/PSM Field Operations Supervisor Senior Survey Computer Technician (CAD/ Processing) Survey Technician (CAD / Processing) Geodetic Processing Administrative Assistant (Research — Clerical) Field Personnel: $120/hr. $95/hr. $75/hr. $75/hr. $65/hr. • $85/hr $40/hr. Supervisor $50/hr. Three Man Survey Crew $125/hr. Two Man Survey Crew $95/hr. Three Man GPS Crew (RTKJGPS) $165/hr. Two Man GPS Crew (RTKJGPS) $135/hr. GIS Data Collection (DGPS with Data Collector $130/hr. Specialized Survey Equipment: 26' Parker Survey Boat Leica NA 3003 Digital Level Additional GPS Receivers Trimble DGPS Digital Fathometer Motion Compensator Hypack Navigation Software & Computer Submersible Tide Gauge Polaris 6 WD Beach Vehicle $450/day $55/day 200per receiver perday $300/day $85/day $200/day $50/day $50/day $75/day 8745 U.S. HIGHWAY 1, P.O. BOX 701420, WABASSO, FL 32970-1420 • PHONE: (772) 388-5364 • FAX: (772) 388-316 1500 S.E. COURT, SUITE 110, DEERFIELD BEACH, FL 33441 • PHONE: (954) 421-6882 • FAX: (954) 421-0451 • jmorg vout organeklund.com ganeklund.com 46 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County (COUNTY) and Southeastern Surveying and Mapping Corporation (SURVEYOR) for Professional Survey & Mapping Services from October 1, 2014 to September 30, 2015. The original Agreement, approved October 1, 2013 shall be amended as follows: SECTION XVIII — INSURANCE 2. Minimum Scope of Insurance (for fees Tess than $500,000): D. Professional Liability Insurance providing coverage for negligent acts, errors or omissions committed by the SURVEYOR with a $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. SECTION XXIV — PUBLIC RECORDS COMPLIANCE A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The SURVEYOR shall comply with Florida's Public Records Law. Specifically, the SURVEYOR 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 SURVEYOR 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 SURVEYOR to comply with these requirements shall be a material breach of this Agreement. C:\Users\rbess\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\F6M25TFZ\Southeastern Inc Renewal 2014- 2015.doc 47 All other provisions of the original agreement, approved October 1, 2013 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 1, 2014 to September 30, 2015. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2014. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SOUTHEASTERN SURVEYING AND MAPPING CORPORATION Peter D. O'Bryan, Chairman Gary B. Krick, PSM, President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: t 244° y an Reingold, COUN Attorney fr5S v aird, COUNTY Administrator Witnessed by: ure) So eastern Surveying and Mapping Corporation James L. Petersen, PSM (Printed name) C:\Users\rbess\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\F6M25TFZ\Southeastern Inc Renewal 2014- 2015.doc 48 Steven L. Anderson, Jr., PSM, PLS Charles M. Arnett, PSM Russell G. Daly, PSM, PLS Michael L. Dougherty, PSM Bruce C. Ducker, PSM James M. Dunn, II, PSM Mark J. Efird, PSM ''homas F. Ferguson, PSM Cate B. Flowers, PLS Robert W. Gardner, PSM Brian R. Garvey, PE Daniel J. Henry, PSM, PLS Gary B. Krick, PSM Brad J. Lashley, PSM, PLS Myron F. Lucas, PSM James E. Mazurak, PSM Land Surveying & Mapping Services • Sub -Surface Utility Designation & Location Services • Geographic Information Systems • GPS Asset Inventories MItawwaNiI•\Me1aIN/A\ 4 1 1 j 1 1 - .� , 4. 1 , . - %% //II/111111 &W_ \® Southeastern Surveying and Mapping Corporation Serving the Southeast Since 1972 www.southeasternsurveying.com info@southeastemsurveying.com Thomas K. Mead, PSM, PLS Timothy 0. Mosby, PSM James L. Petersen, PSM William C. Rowe, PSM Tony G. Syfrett, PSM, PLS John S. Thomas, PSM Kirk R. Hall, El, GISP Catherine E. Galgano, GISP Cheryl A. Isenberg, GISP Patrick J. Phillips, GISP Donna L. Canney, CST IV Frank B. Henry, CST IV DavidM. Rentfrow, CST IV Steve D. Smith, CST IV Celeste B. van Gelder, CST IV October 1 — September 30, 2015 Fee Schedule Surveying & Mapping Services Personnel Classification Professional Surveyor & Mapper/PSM Expert Witness Senior Technician CAD Technician Survey Division 1 Man Field Crew 2 Man Field Crew 3 Man Field Crew 4 Man Field Crew GIS Mapping Services Personnel Classification Professional Engineer GIS Analyst GIS Technician 2 Man GPS Crew 1 Man GPS Plat Review Services (if required) Initial Review includes Second Review Plat (initial and second review) Typical Work Tasks Project Management, Project Surveyor Quality Control/Quality Assurance Reviews If required Project Calculations Preparation of Descriptions Drafting of Projects, Preparation of Sketches for Descriptions Completes field data collection and inventory. Performs reconnaissance activities for completion of survey related tasks. Typical Work Tasks Project Management Quality Control/Quality Assurance Project Reviews Database Design, Programming/ Quality Control/Quality Assurance Data Entry, Data Editing Field Asset Inventory (sub -meter) Field Asset Inventory (sub -meter) Third or Additional Review Same Plat Plat (third or additional reviews of same plat) Hourly Billing Rate $120.00 / per hour $230.00 / per hour $85.00 / per hour $75.00 / per hour $88.00 / per hour $115.00 / per hour $135.00 / per hour $165.00 / per hour Hourly Billing Rate $115.00 / per hour $85.00 / per hour $75.00 / per hour $115.00 / per hour $65.00 / per hour $600.00 / per Plat (all Plats regardless of size) $250.00 0 All American Blvd ***...Orlando, FL 32810 407.292.8580 407.292.0141 Fax 1130 Highway 90 Chipley, FL 32428 850.638.0790 850.638.8069 Fax Cypress Business Center 8301 Cypress Plaza Drive, Suite 104, Jacksonville, FL. 32256 904.737.5990 904.737.5995 Fax 119 West Main Street Tavares, FL, 32778 352.343.4880 352.343.4914 Fax 10 East Lake Street Kissimmee, FL 34744 407.944.4880 407.944.0424 Fax University Coiporate Park 10770 North 46 Street, Suite C300 Tampa, FL 33617 813-898-2711 813-898-2712 Licenses: PSM: Florida Professional Surveyor & Mapper • PLS: Alabama Professional Land Surveyor • PE: Professional Engineer Certifications: El: Engineering Intern • GISP: Geographic Information Systems Professional • CST: Certified Survey Technician 49 Page 2 Subsurface Utility Engineering Services Designating Services Project Manager Senior Technician 2 man crew 3 man crew Vacuum Excavation Test Holes 1 Test Hole/Dirt 1 Test Hole/Asphalt/Concrete 2 - 19 Test Holes/Dirt 2 - 19 Test Holes/Asphalt/Concrete 20 - 49 Test Holes/dirt 20 - 49 Test Holes/asphalt/concrete 50 - 99 Test Holes/dirt 50 - 99 Test Holes/asphalt/concrete 100 or more Test Holes/dirt 100 or more Test Holes/asphalt/concrete GPR Bore Route Vacuum Excavation for Environmental Services Vacuum Excavation for Monitoring Wells/Soil Samples when requirements dictate vacuum or hand di 10 feet prior to drilling. (3"-4" in diameter, 8' to 10' deep, concrete/asphalt removed if necessary) 1 - 9 Monitoring Wells/Soil Samples 10 - 19 Monitoring Wells/Soil Samples 20 - 49 Monitoring Wells/Soil Samples Utility Clearing - Using Ground Penetrating Radar as well as Conventional Electronic Line Locators An hourly rate of $285.00 will be used for all exploratory excavation projects. Larger excavation projects which require specialized equipment (shoring, de -watering, etc.) will be task basis. Utility Coordination Services Senior Utility Coordinator Utility Coordinator CAD Technician Survey Services for Utility Projects Project Manager/Professional Surveyor and Mapper Two Person Survey Field Team Three Person Survey Field Team Clerical Concrete Radar Mapping/Imaging (concrete assessment/inspection, grid scans, density & debris assessment) 1 Man Crew Closed Circuit Televising (CCTV) Services Maintenance of Traffic (MOT) If required MOT specialist will be contracted and cost for same will be passed on with a 10% mark-up for coordination of same SSMC MOT Lane Closures $115.00 / per hour $85.00 / per hour $185.00 / per hour $205.00 / per hour $410.00 $510.00 $350.00 / each $400.00 / each $320.00 / each $360.00 / each $275.00 /each $320.00 / each $245.00 / each $280.00 / each $500.00 / each gging down 8 feet to $250.00 / each $200.00 / each $150.00 / each $115.00 / per hour quoted on a task by $115.00 / per hour $85.00 / per hour $75.00 / per hour $115.00 / per hour $115.00 / per hour $145.00 / per hour $50.00 / per hour $115.00 / per hour $115.00 / per hour Per Lane Closure Per Lane Closure Gary B. Krick, PSM / President Date:Zt-LP% 2.2,12.4)14P $350.00 / per day $500.00 / per night 50 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Joseph A. Baird, County Administrator Christopher R. Mora, P. Public Works Director James D. Gray, Jr. Coastal Engineer CONSENT AGEND Work Order No. 7 CB&1 Coastal Planning and Engineering, Inc. Sector 3 Dune Repair Project - Construction Phase Services September 29, 2014 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering, Inc. (CB&I) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. CB&I is the selected County consultant for professional engineering services related to the Sector 3 Dune Repair Project. The proposed Work Order No. 7 provides construction phase services for the Sector 3 Dune Repair Project; anticipated project construction is November, 2014. Work Order No. 7 totals a lump sum amount of $57,319. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. For FY 14/15, funding is budgeted and available for construction of the Sector 3 Dune Repair Project in the Beach Restoration Fund, Sector 3 Renourishment Post -Sandy Account No.12814472-066510-13014. Work Order No. 7 has been reviewed by the Florida Department of Environmental Protection (FDEP) and is eligible for cost sharing at a 50% state share, based on Legislative appropriation under FDEP Grant 14IR2 between Indian River County and FDEP. F:\Public Works\JamesG\Sector 3 Repair Project\CPE Work Orders\Work Order No. 7\Agenda Item\agenda item Coastal Planning and Engineering Work Order No 7.docx 51 Page 2 BCC Agenda Item Sector 3 Dune Repair Project October 7, 2014 RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 7 to the contract with CB&I Coastal Planning and Engineering Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT CB&I Coastal Planning and Engineering, Inc. Work Order No. 7 (1 original copy) APPROVED AGENDA ITEM FOR: October 7, 2014 Indian River County Approved Date Administration ` 't %D%a/17 Budget •� 4/344 Legal 1 ' ;• ,_ --A U " Public Works %',Z% -4,Coastal Eng. Division r 9!elk F:\Public Works\JamesG\Sector 3 Repair Project\CPE Work Orders\Work Order No. 7\Agenda Item\agenda item Coastal Planning and Engineering Work Order No 7.docx 52 WORK ORDER NUMBER 7 SECTOR 3 DUNE REPAIR PROJECT CONSTRUCTION PHASE SERVICES This Work Order Number 7 is entered into as of this day of 2014 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of March 19, 2013 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and CB&I Coastal Planning & Engineering f/k/a Coastal Planning & Engineering, Inc. ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, 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 2, 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 2, 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 CB&I Coastal PI .. in • & En By: Gor omson, P.E., D.CE Title: Vice President Date: 9123/m By: Ap By: BOARD OF COUNTY COMMISSIONERS Inc. OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: seph ArBaird, County Administrator ifs d legal u y: illiam K. DeBraal, Deputy County Attomey 53 CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBl.com EXHIBIT 1 November 8, 2013 Rev December 3, 2013 Rev August 8, 2014 Rev August 11, 2014 James Gray Indian River County Public Works - Coastal Engineering Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Work Order #7 Indian River County Sector 3 Dune Repair Project Construction Phase Services Dear James: The County received the necessary FDEP and USACE permits to repair damages sustained within the Sector 3 Beach and Dune Project area during Hurricane Sandy. CB&I is providing services to the County under WO#6 (Pre -Construction Phase Services) to assist with bid solicitation and pre - construction requirements. Construction of the project is anticipated to commence in November 2014. This proposal outlines a scope of work for CB&I Coastal Planning & Engineering, Inc. (CB&I), f/k/a Coastal Planning & Engineering, Inc. to provide construction phase services for the Sector 3 Dune Repair Project. Task 1: Project Redesign The Contractor will be required to conduct and submit a pre -construction survey of the project area. CB&I will review this data for accuracy, overlay the bid template on the updated survey data, and calculate the fill volume. There will be a difference in the bid volume and updated fill volume due to inclusion of more closely spaced Tines for the pre -construction survey and changes in the beach profile since the July 2013 survey. CB&I will discuss the updated fill volume with the County and revise the construction template to meet the County's budget. A revised template for each pay profile will be provided to the Contractor in spreadsheet format. This will be completed within one week of receipt of the final pre -construction survey data. The cost to redesign the project upon receipt of the updated pre -construction survey is $2,550. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. Task 2: Weekly Construction Progress Meetings and Site Observations CB&I will coordinate and conduct weekly construction progress meeand Contractor. CB&I will direct the meeting, covering work progress and scheduule, conforman ewith theunty to plans and specifications, and other relevant issues that need to be addressed. CB&I will also record and distribute the minutes of each meeting. An electronic copy of the minutes will be distributed to the 54 project team and Construction Contractor in MS Word format. CB&I will then finalize and circulate the final minutes in PDF format. The proposed budget for this task accounts for up to fourteen (14) construction progress meetings. David Swigler, PE, will attend and conduct these weekly meetings. If necessary, Gordon Thomson, PE, D.CE., will attend these meetings once per month with Dave for a total of four (4) meetings. Prior to each meeting, CB&I will conduct a site visit to observe areas under active construction, staging areas, and access points. Recently completed beach sections will be observed for general conformance with the plans and specifications. In situ sand samples will be collected and stored for up to one year. Twelve (12) samples will be analyzed for grain size, silt content, carbonate content, and Munsell color to ensure conformance of the fill material with permit conditions. CB&I will also review Contractor provided analyses for conformance with permit conditions. The cost to perform weekly progress meeting and perform and document site observations is $23,400. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. Task 3: Construction Administration CB&I will provide any necessary interpretations or clarifications of the contract documents requested by the Contractor through the County. CB&I will also make determinations on non-conforming and unauthorized work as authorized in the project plans and specifications. CB&I will assist the County to prepare field changes or change orders requested by the Contractor, recommended for approval by CB&I and agreed to by the County. These documents will be submitted electronically in PDF format unless they must be sealed, at which point a hard copy will be provided along with an electronic copy at the time of issuance. This scope of work is based on the assumption that there will be three (3) change orders and two (2) field adjustments. CB&I will review and respond to correspondence from the Contractor through the County on an as needed basis. CB&I will also respond to Contractor questions via phone. If the questions are sufficiently technical or the response may deviate from the plans and specifications, CB&I will document these conversations and circulate a summary to the County and Contractor via e-mail. CB&I may require that the Contractor submit an official contract change. During construction, CB&I will confer with the County, the Contractor, FDEP, and USACE staff to review and document that the County has fulfilled reporting requirements cited in the permits. CB&I will: (a) Prepare a tabular summary of specific permit conditions and requirements for each applicable permit and the required date for compliance. (b) Assist the County with documentation of permit compliance. 55 The cost to assist the County with construction administration is $9,532. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. Task 4: Monthly Invoice Recommendations CB&I will review all invoices for payment submitted by the Construction Contractor and determine the amounts of progress payments due based on completion of work. CB&I will analyze the survey data and compare the requested payment volume to CB&I's computed pay volume. CB&I will confirm the accuracy of the pay surveys by comparing them to the check surveys collected under Task 7. CB&I will also assess whether the Contractor is eligible for other pay items and the amount due. A letter of payment recommendation will be submitted to the County along with the Contractor's pay request. Payment recommendations will be submitted to the County within three (3) days of their receipt from the Contractor. Payment recommendation letters will be submitted in PDF format. The cost to develop pay volumes and review the contractor's invoices is $4,051. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. Task 5: Substantial Completion and Final Inspection CB&I will conduct one substantial completion inspection with the County and Contractor. The substantial completion inspection will be conducted following dune fill placement. Upon completion of the substantial completion inspection, CB&I will assist the County in the preparation of a punch list of items to be completed by the Contractor prior to final acceptance. A final inspection will be conducted by the County following site restoration, installation of dune vegetation, and demobilization. The final inspection shall be conducted to confirm that the Contractor has completed the punch list items. A report will be composed on the completion of the project including recommendations concerning final payment to the Contractor and release of any retained percentage. David Swigler will attend the substantial completion inspection. The cost to perform a substantial completion and final inspection is $982. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. Task 6: Project Report and Certification Upon completion of the project, a Project Completion Report will be submitted to the County, which will include a summary of information and significant events. The summary will include project personnel, final as -built project features, construction cost and project estimates, construction oversight costs, construction activities and change orders, sediment sample gradation analyses and other significant milestone dates and comments. One hard copy of the main body of the report will be submitted to the County, along with a PDF copy of the main body and any appendices. CB&I will prepare a project completion certification letter for the permitting agencies noting any deviations from the permitted projects. 56 CB&I will provide As -Built drawings and a completed As -Built Certification Form to the USACE. The cost to develop the project completion report and develop project certification is $5,158. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. Task 7: Check Surveys It is recommended that the County conduct surveys at each of the FDEP monuments to check the accuracy of the Contractor's surveys. This will be a separate Notice to Proceed Item, as the County will likely have Morgan & Eklund perform the work. However, if Morgan & Eklund perform the more closely spaced post -construction pay lines for the Contractor, then CB&I can perform this independent check for the County. , The surveys will extend out to wading depth to fulfill the FDEP survey requirements. CB&I will provide the County with a survey report performed to FDEP standards, which will also include cross-sections showing the pre and post -construction profiles and the permitted template The cost to perform and document check surveys is $11,646. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. Cost The cost to provide construction phase services for Tasks 1 through 7 is $57,319 on a lump sum basis. A breakdown of the hours and expenses to develop these costs is attached. All work will be performed in accordance with the provisions of the Professional Coastal Engineering Services Agreement, dated March 19, 2013, between Indian River County and Coastal Planning & Engineering, Inc., n/k/a CB&I Coastal Planning & Engineering, Inc. Timeline Various tasks will be completed as discussed throughout the scope. A fixed timeline cannot be provided because it is unclear when how the Contractor's construction schedule will be structured. CB&I will attempt to execute each phase of the work in as expeditious a manner as possible. We appreciate the opportunity to work with Indian River County on this effort and recognize the importance of restoring the Sector 3 dune for the protection of upland property. Please call me if you have any questions. Sincerely, Gordon Thomson, P.E., D.CE Director CB&I Coastal Planning & Engineering, Inc. 57 Please Reply To: Gordon Thomson Phone: 561.361.3147 E -Mail Address: Gordon.Thomson(a�CBJ.com cc: Tom Campbell, CB&I David Swigler, CB&I Sheri Dindial, CB&I Ann Range, CB&I F:\Marketing\_Proposals\Florida Counties\Indian River12012 Indian River County\WO#6 and #7 - CM Sector 31Proposal - Gray - Work Order #7 - Construction Phase Services - 2014-08-11.docx 58 2014- REV 14.18 \ { 40 \\/ zz• w_; LU 0 a.). a0. 3 0 2 A ) 3 Other ODC's 2 k J ■ $ J2 0 k Task Name 0 : 0 � 49 OF 0 0 49 .0 K. 49. 7 017 0 49 49 69 4.9 69 Fr - 44 4.4 4.9 69. 0 • 49 69 ± ,414 � « % ; + A � �r! { R 0 o 04 59 Indian River County, Florida Memorandum TO: Joseph A. Baird, County Administrator THROUGH: Jason Brown, Director, OMB FROM: Beth Martin, Risk Manager DATE: September 22, 2014 SUBJECT: Mediated Settlement; Beverly Hatfield It is requested that the Board of County Commissioners consider the following Consent Agenda item at their October 7, 2014 regular meeting. Background On June 18, 2013 the Board approved a $295,000.00 mediated settlement of Beverly Hatfield's August 12, 2005, workers' compensation claim. The County would be reimbursed the full amount from two excess insurance carriers, Princeton and MidWest. Since that time, we learned that the settlement was subject to a Medicare Set Aside (MSA) calculation, and her medical costs continued to grow, including the prospect of additional surgery. As a result, the current settlement amount is $380,448.03 when the MSA is included. An annuity purchased by the excess carriers will fund the anticipated medical costs. Recommendation In keeping with administrative policy, staff now requests Board approval of this amended settlement. Payment will be made from the Self Insurance Fund. If additional information is needed, please contact Beth Martin, Risk Manager, at Extension 1287. APPROVED FOR AGENDA: osep; A. Baird, County Administrator October 7, 2014 Indian River County Approved Date Administration +i /D Legal ( 1 4/ Budget (.. f// Risk Management Department i4 60 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: September 18, 2014 SUBJECT: Authorization to Attend Government Finance Officers (GFOA) and Florida Government Finance Officers Association (FGFOA) Annual Conference, Training Course, and School of Government Finance in Fiscal Year 2014/2015 In the County Administrator's approved budget for the 2014-2015 Fiscal Year, the Board approved the Administrator's request to attend the Government Finance Officers Association Annual Conference, the Government Finance Officers Association Training Courses, the Florida Government Finance Officers Association Annual Conference, and the Florida Government Finance Officers Association School of Governmental Finance. The County Administrator is hereby confirming authorization to attend the 2015 FGFOA School of Governmental Finance, November 17 — 21, 2014; the 2015 GFOA Annual Conference, May 31 — June 3, 2015; and the 2015 FGFOA Annual Conference, June 13 to June 17, 2015; and GFOA Training Classes (to be determined). Funding was included and was approved in the 2014/2015 FY budget in accounts 00120112-034010 and 00120112-035430. APPROVED AGENDA ITEM BY: cd) F9 : October 7, 2014 Indian River Co Administrator Approved Date 0/09 61 Consent Agenda 10/7/14 Office of INDIAN RIVED. COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney THROUGH: Chris Mora, Director, Public Works Division DATE: October 1, 2014 SUBJECT: Reimbursement for palm trees for 66th Avenue Road Project to Bella Vista Nursery Bella Vista Nursery is owned by the Banack Family Limited Partnership. Bella Vista leased property from Gamma Delta Corporation on the north side of 41st Street, west of 66th Avenue. The lease from Gamma Delta to Bella Vista was to grow palm trees on the property. During the negotiation and purchase of the 41st Street right-of-way property from Gamma Delta, no mention was made of this lease. Also, Gamma Delta was not compensated for trees. During the land clearing phase for 66th Avenue, the nursery foreman for Bella Vista approached the County concerning the palm trees that were growing in what now was County owned right-of- way on the north side of 41st Street west of 66th Avenue as the staked area to be cleared included the palm trees. It was at this time the County first learned that Bella Vista had leased the property what was now County owned right-of-way. In order to proceed with the clearing process, an inventory was taken of the palm trees (all were queen palms) that were approximately 20 feet tall which is the optimum height for queen palms. The foreman for Bella Vista Nursery and the County's construction coordinator tallied 100 trees located in the right-of-way. At that time the parties agreed that the palm trees could be removed from the right-of-way and a price would be determined at a later date. Many of these palm trees were relocated to the fairgrounds or other locations along the 66th Avenue Road Project. Bella Vista Nursery has quoted a price of $75 per tree when sold on a wholesale basis. It is Bella Vista Nursery's practice to dig the trees and load them on to the purchaser's truck and it is the responsibility of the purchaser to install the trees. Bella Vista has supplied copies of receipts showing purchases of similar size and species of palm trees at $75.00 per tree. Thus, the total claim by Bella Vista Nursery is $7,500. Approved for October 7, 2014 BCC Meeting Dylan Reingold, County Attorney Indian River Co. Admin. Co. Atty. Budget Department Risk Management proved Date /0)02))11- 10/10 e-/-1 62 Consent Agenda 10/7/14 Funding: Funding for this matter will come from Traffic Impact Fees/WIP/66th Ave -SR 60 to 49th Street, Acct#10215241-066510-06040 Recommendation: Staff's recommendation is to approve the attached statement and remit payment in the amount of $7,500 to Bella Vista Nursery. 63 Bella Vista Nursery P.O. Box 1266 Vero Beach, FL 32961 Bill To Indian River County Attn: Bill DeBraal 1801 27th Street Vero Beach, FL. 32960-3388 Invoice Date Invoice # 10/16/2013 1877 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project 10/16/2013 Quantity Item Code Description Price Each Amount 100 �,,.. Queens 100 Queen Palms @ $75.00 per palm **Queens removed from right of way of South Gifford palm field - 41st St. and 66th Ave. location If you have any questions, please contact Clay Hendricksen at 772-473-2632 Sales Tax 75.00 7.00% 7,500.00 0.00 you for your business. '" Total $7,500.00 64 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 Consent Agenda TO: Joseph A. Baird, County Administrator THROUG Christopher R. Mora, P.E., Public Works Direct FROM: . Keith McCully, P.E., Stormwater Engineer SUBJ T: EGRET MARSH STORMWATER PARK — APPROVAL OF FDEP GRANT AGREEMENT NO. S0733 TO REPLACE EGRET MARSH HARVEST RAKE DATE: September 16, 2014 INTRODUCTION Staff recently applied for and received a Florida Department of Environmental Protection (FDEP) grant award for the purchase and installation of a new second - generation algae harvest screen for Egret Marsh Stormwater Park (Egret Marsh). The purpose of this Agenda Item is to request the Board of County Commissioners to approve the grant and authorize staff to purchase and install the new harvest screen. Egret Marsh is a regional stormwater treatment facility that grows Targe algae crops to remove dissolved nitrogen and phosphorus from water in the Indian River Farms Water Control District's Lateral D Canal, serving an approximate 9,000 acre watershed that discharges into the Indian River Lagoon. Over 58 tons of algae may be harvested at Egret Marsh each week. As algae is scraped from Egret Marsh's floway, it enters a collection chamber where it flows into a mechanical harvest screen that lifts the algae out of the water. The existing harvest screen was manufactured by Duperon Corporation and when Egret Marsh was designed, the screen was the best in its field. After Egret Marsh was placed in operation in April 2010, staff and Duperon Corporation discovered that due to Targe algae loads, it was impossible to collect the harvested algae without expending significant man-hours to keep the harvest screen free from F:\Public Works\KeithM\Stormwater ProjectsEgret Marsh Operation\Agenda Items\Agenda - Consent - Duperon Rake Grant.doc 65 Page 2 Egret Marsh — New Harvest Rake for Egret Marsh BCC Meeting — October 7, 2014 September 16, 2014 plugging and overloading during harvest events. During normal growing season, the harvested algae may consist of thick ropelike strands many feet in length, entering the harvest screen individually or in huge mats. In winter months the algae loses some of its stringy characteristics, but still enters the harvest screen in large mats or clumps. In each instance, the algae tends to wrap around and/or clog the harvest screen parts, requiring the assignment of at least one and frequently two staff members to physically keep the screen free of wrapped/clogged algae and thus operational during a harvest event. The extra time added to the harvest is considerable and when the screen becomes clogged, large amounts of harvested algae may bypass the screen and flow directly into the polishing pond, causing harm to that system. Duperon has worked with staff since the algae capture issues were realized to design and implement various improvements to the original harvest screen, but none have solved the issues. Staff subsequently provided Duperon significant input and suggestions for an upgraded screen design that will solve the issues experienced with the existing design. Duperon has implemented staffs suggestions into its new design. (Osprey Marsh Stormwater Park will also use the new Duperon harvest screen design.) If the second -generation screen is installed at Egret Marsh, staff harvest time will be greatly reduced, resulting in much more efficient use of staff time. Bypass of algae into the polishing pond system will be drastically reduced and likely eliminated, resulting in longer service life for the polishing pond system and a healthier environment for the wildlife that lives in or depends on the ponds. Perhaps most importantly, operator safety will be greatly increased if the harvest screen upgrade is installed. Because of the existing screen's direction of travel, cleaning and maintenance must be performed manually using potato rakes or similar tools while the screen is operating. Cleaning operations are performed on and around moving steel links and sprockets and the real possibility of serious personal injury is always present. Because the upgraded screen rotates in the opposite direction as the existing screen, if the upgraded screen becomes plugged, it may be cleaned using a high pressure water hose with the operator standing a safe distance away from any moving part. Because of the nature of its rotational direction and other factors, the upgraded screen will also be significantly safer for any wildlife that falls into the harvest flume and flows into the screen. The existing screen kills most wildlife that enters it. Finally, because algal removal rates will increase during harvest events with the implementation of the new harvest screen design, the Indian River Lagoon (IRL) will ultimately benefit since all water treated at Egret Marsh flows into the IRL. The amount of the FDEP Grant is $175,000 and no matching funds are required. The delivered cost for the new Harvest Rake is $223,000 and the County will be reimbursed for the full grant amount upon screen delivery to Egret Marsh. Staff estimates that installation will cost approximately $5,000. Therefore, the estimated County cost for the purchase and installation of the new harvest screen is $53,000. 2 66 Page 3 Egret Marsh — New Harvest Rake for Egret Marsh BCC Meeting — October 7, 2014 September 16, 2014 ANALYSIS Alternative No. 1 — Approve and execute FDEP Agreement No. S0733 and authorize staff to purchase and install the second -generation Duperon Harvest Screen. Alternative No. 2 — Reject FDEP Agreement No. S0733 and do not authorize staff to purchase and install the second -generation Duperon Harvest Screen. FUNDING The purchase and estimated installation costs for the second -generation harvest screen is $228,000. The FDEP Grant amount is $175,000. Therefore, the County's estimated share of the purchase and installation cost is $53,000. Although this item is not currently budgeted, remaining monies of $53,000 are available from Transportation Fund/Stormwater/Other Contractual Services -Egret Marsh and will be 'rolled over' to FY 14/15 into the Transportation Fund/Stormwater/Egret Marsh Harvest Rake Upgrade, Account # 11128138-066510-14016. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1 — Approve and execute FDEP Agreement No. S0733 and authorize staff to purchase and install the second -generation Duperon Harvest Screen. ATTACHMENTS 1. FDEP Agreement No. S0733 (one copy) 2. Duperon quote for the harvest screen (one copy) 3. Grant Form (one copy) APPROVED AGENDA ITEM FOR: October 7, 2014 Indian River County A ! ed Date Administrator (4)� /I/d/%� Budget q/' /i4 Legal • ` _0�" 1 -) Public Works Sr ?-41-17 Stormwater Engineering / A f -22-26/4- 3 67 GRANT NAME: DEP AGREEMENT NO. 50733 AMOUNT OF GRANT: $175,000 GRANT # S0733 DEPARTMENT RECEIVING GRANT: PUBLIC WORKS — STORMWATER DIVISION CONTACT PERSON: KEITH McCULLY, P.E. TELEPHONE: 226-1562 I. How long is the grant for? SIX MONTHS Starting Date: OCTOBER 2014 2. Does the grant require you to fund this function after the grant is over? Yes XX No 3. Does the grant require a match? Yes XX No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant -0- 5. Grant match amount required 1-0- 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? NO MATCHING FUNDS ARE REQUIRED FOR THIS GRANT 7. Does the grant cover capital costs or start-up costs? - NOT ALL COSTS Yes No XX If no, how much do you think will be needed in capital costs or start-up costs: $53,000 ADDITIONAL FUNDS FOR EQUIPMENT COST = $48,000; ADDITIONAL FUNDS OR INSTALLATION = $5,000 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes XX No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $228,000 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year _ $ ,,, $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? N/A Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $41,(100 , `Y 5 Grant Amount Other Match Costs Not Covered Match Total First Year $175,000 NO MATCHING COSTS REQUIRED. ADDITIONAL COUNTY FUNDS = $53,000 $-0- $228,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year _ $ ,,, $ $ $ Signature of Preparer: Date: 11-22-2o/4 68 '11.11111) (S." PP,RII11V+FrDuperon iSEWPM' Tf Ht?(J OI&1FS FIRM PROPOSAL Date: July 17, 2014 Project: South County, FL - Indian River Egret Marsh Harvest Rake Proposal 7331 R4 Engineer: Keith McCully, P.E. Stormwater Engineer Duperon Contact: Mike Olvera — Project Estimator Lorene Bruns — Regional Sales manager Ph. 989-754-8800 Fax 989-754-2175 molvera@duperon.com Ibruns@duperon.com Lorene Bruns Regional Sales Manager Duperon Corporation 989-754-8800 989-754-2175 1200 Leon Scott Court Saginaw, MI 48601 USA Ibruns@duperon.com Local Representation: Larry Hickey Owner Equipment Plus Solutions, Inc. (352)237-1869 352-237-0564 P.O. Box 2908 Belleview, FL 34421 USA Larry. HickeyAeg uipmentplusinc. co m To: South County, FL - Indian River Egret Marsh Harvest Rake Duperon is pleased to offer the following scope of supply including mechanical bar screen and accessories, as listed in the scope of supply. Please also refer to Installation Guides and Terms and Conditions equipment only. We appreciate the opportunity to provide the following pricing for the screening requirements at the South County, FL - Indian River Egret Marsh Harvest Rake Project. We look forward to the opportunity to work with you and thank you for your consideration. Oop,,•_-ifori Corpor..;R u j •iiCEl 1.uon Scc.:i C�3�r;i ; SGa��i -; i_hl gBErU i i 9e`.;.754 81 U 1 f= 579.75.4.1 1755300,3f.3.&4??7 69 South County, FL - Indian River FIRM Proposal Egret Marsh Harvest Rake Number P7331 R4 Scope of Supply: Full Penetration Fine Screen Model FlexRake® site dimensions taken from the original screen installed final design to be determined. (1) 316 SSTL Full Penetration Model FlexRake® - 316 Stainless Steel Link Driven, Front Cleaning, Rear Return Mechanically Cleaned Bar Screen approx. 6 ft wide x 20 ft long, nominal, .25" opening • 316 SSTL • Drive sprockets and end castings shall be 316 SSTL • Drive shaft shall be 316 SSTL • Channel height 10 ft — 9 in (based on original design) • Channel width 6 ft (based on original design) • Design to meet a 2 ft head differential • Design flow 10 MGD • Motor shall be 1 HP • Bar shall be tear shaped • Bar spacing .25" • Screen incline 45 degrees (based on original design) • Scrapers of 316 SSTL / UHMW • Discharge height 2 based on original design • Approx. weight 3 tons Clarifications/Exceptions: • Screen shall be fully assembled • Anchors to be supplied by the contractor 316 SSTL Estimated Labor Hours screens only • Number of employees 2-4 minimum • Estimated time per unit 8-10 hours • Total estimated per unit 16-40 hours per unit* • * Note: Doesn't include wiring Controls (Utilizing customer existing controls functionality will be the same as existing screen) • Reconnect field wiring to the new machine • Functionality will be the same as existing screen *Purchasing controls from Duperon is optional, however if a Duperon package is not selected, then it is strongly recommended that Duperon review/approve controls plan to insure they meet equipment specifications and maintain integrity of warranty. 2 ! 11-00 I. c',1; Co 4-680" 9.754.8'. ct t , r > & 70 FIRM Proposal Number P7331 R4 South County, FL - Indian River Egret Marsh Harvest Rake (5) Spare Parts per manufactures standard spare parts required • (1) SP1 -001 Standard Spare Parts Package • Drive Clevis Pin (1) • Snap/Retaining Rings (10) • Link Clevis Pins (4) • Scraper Bolts (4) • Scraper Nuts (4) • Snap Ring Tool (1) • Never Seez, 3 oz. tube (1) Manufacturer shall provide a 5 -year supply of lubrication required for maintaining all bar screen components. On Site Technical Assistance • (2) Trip (2) day, (1) technician, 8 hours total at site installation supervision, start-up and training Operation and Maintenance Manuals • 4 Hard Copies • 4 Hard copies of submittals Warranty • 1 Year Standard material and workmanship started from the date the screen is started up. Freight to Jobsite Price: $ 220,000 Delivery: • Submittals: 4-6 weeks after approved purchase order • Equipment Delivery: 8-12 weeks after approval (depending on work Toad at time of order) • FOB Factory, Freight Paid 3 D1 pEro,1 Corporatior 11200 L eon Scoit Cowl ! Saginaw. I; ; 4-::6G,'. ' P Eif39.754 Brn s 3 9 \ wrk:,d opercn.cci 71 South County, FL - Indian River FIRM Proposal Egret Marsh Harvest Rake Number P7331 R4 Exceptions/Clarification: • Scope of supply and pricing above does not include additional structure for seismic, additional head differential or high wind conditions • Any changes to the scope of supply listed above could impact the pricing • Utilizing customer's existing controls will have the same functionality. All that will be required is reconnection of existing wiring. Clarifications: • • Field Services will be provided as outlined in this proposal. Duperon field service rate is $750 per day plus travel and per diem expenses. If field service personnel arrive on site as scheduled and the project is not ready for intended services to be performed, Duperon will invoice for additional days, if required. If the time required is greater than the time listed in this proposal, Duperon will invoice at the above rates. • The specifications listed are the only specifications which shall apply to this proposal either directly or by reference. Any additional specifications, with equipment or requirements specified therein, that are not specifically included as part of this offer are excluded from this proposal. • Final screen design and layout TBD based on the drawing sent. Not Included: • Disposal containers. • Offloading or handling of delivered equipment. • Stilling wells. • Freeze protection • Vibration and noise testing. • Bonding, tariffs, permits, taxes, or duties. • Pre -installation tasks such as touch-up painting (paint will be provided), checking bolts for tightness, removal of shipping containment devices, etc. • Field wiring and accessories such as conduit, control stands, control mounting wiring, junction boxes, or other control accessories. • Labor or equipment related to placement, dewatering, diving, clearing the forebay, wiring, provision of concrete structure, etc. • Video taping of training sessions • Anythingnot specifically stated in the scope of supply listed above • �! . "s 4 i;tet 7.C: pt:raj C:+ 1 ?2C'J (;. Sc 7c .;t:t' 1 I 48601 ; F 8.69 754 8600 i F 2,89,7E4.2/75.! TF 8Q©.w8' 8479 72 FIRM Proposal Number P7331 R4 South County, FL - Indian River Egret Marsh Harvest Rake Payment Terms: • This offer is subject to the enclosed Duperon Corporation Terms and Conditions page unless alternate terms and conditions are specifically negotiated in writing and are signed/accepted by Duperon Corporation at the time of purchase. • May be subject to material price escalation. • This proposal is based upon the information available at this time and may be impacted by future specifications, scope, and other requirements. • Duperon Corporation retains the right to revise, withdraw, or negotiate this offer at any time prior to signing a material contract. Proposal Terms: • 5% Due with placement of order • 20% Invoiced upon submittal of engineering drawings • 65% Invoiced at time of shipment • 10% Invoiced upon successful start up or 60 days after shipment, whichever is less. • All payments are due Net 30 days • Based upon review and approval by Duperon Corporation credit department. • No retentions allowed. Order Processing: To facilitate timely order processing and submittals, refer to this proposal number and please list purchaser contact, telephone, fax, and email with your purchase order. Please provide with your order a copy of trade references and, if tax exempt, please provide a resale or tax exemption certificate. Purchase Order should be sent to and payment remitted to: Duperon Corporation 1200 Leon Scott Court Saginaw, MI 48601 Ph. 800-383-8479 Fax 989-754-2175 5 ' ?Uv L�cr; �_^2:..>;,� j Cscrj�r._Ct M!' b(ri I .� i75,2.'.F, 20.;i83.£'479 73 Duperon Corporation Terms and Conditions The Terms and Conditions ("Terms") contained herein shall apply to all Duperon Corporation Purchasers. These Terms apply in lieu of any course of dealing between the parties or usage of trade in the industry. Any changes in the Terms contained herein must specifically be agreed to in writing and signed by Duperon Corporation before becoming binding on either party. The sale and purchase of equipment described herein shall be governed exclusively by the foregoing and the following Terms: 1. SPECIFICATIONS: The equipment may not be in strict compliance with the Engineer's/Owner's plans, specifications, or addenda as there may be deviations. The equipment will, however, meet the general intention of the mechanical specifications as described by Duperon Corporation. 2. ITEMS INCLUDED: The proposal includes only the equipment and does not include erection, installation, accessories or associated materials such as controls, piping, etc., unless specifically listed. 3. PARTIES TO CONTRACT: Duperon Corporation is not a party to or bound by the terms of any contract between Purchaser and any other party. Duperon Corporation's undertakings are limited to those defined in the contract between Duperon Corporation and its Purchasers. 4. PRICE AND DELIVERY: All selling prices quoted are subject to change without notice after 30 days from the date of a proposal unless specified otherwise. Unless otherwise stated, all prices are F.O.B. Duperon Corporation or its supplier's shipping points with freight allowed. All claims for damage, delay or shortage shall be made by Purchaser directly against the carrier. When shipments are quoted F.O.B. job site or other designation, Purchaser shall inspect the equipment shipped, notifying Duperon Corporation of any damage or shortage within forty-eight hours of receipt. Failure to so notify Duperon Corporation shall constitute acceptance by Purchaser, relieving Duperon Corporation of any liability for shipping damages or shortages. 5. PAYMENTS: All invoices are net 30 days. Delinquencies are subject to a 1.5% service charge per month or the maximum permitted by law, whichever is less on all past due accounts. Pro rata payments are due as shipments are made. If shipments are delayed by the Purchaser, invoices shall be sent on the date when Duperon Corporation is prepared to make shipment and payment shall become due under standard invoicing terms. If the work to be performed hereunder is delayed by the Purchaser, payments shall be based on percentage of completion. Products held for the Purchaser shall be at the risk and expense of the Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only. These Terms are independent of and not contingent upon the time and manner in which the Purchaser receives payment from the owner. 6. CREDIT APPLICATION: Purchaser must complete a credit application if it wishes credit terms. The credit application must be updated periodically as requested and upon a request by Purchaser for a change in credit terms. The provision of credit is subject to acceptance by Duperon Corporation's Credit Department. If at any time the financial condition of the Purchaser gives Duperon Corporation, in its judgment, doubt conceming the Purchaser's ability to pay, Duperon Corporation may require full or partial payment in advance or may suspend any further deliveries or continuance of the work to be performed by Duperon Corporation until such payment has been received. Failure to pay after demand by Duperon Corporation shall result in a service charge of 1.5% per month, or the maximum permitted by law, whichever is less. 7. RETENTIONS: Retentions are not included, unless specifically noted. Purchaser agrees not retain payment or any part of a payment. Failure to make payment in accordance with the agreed upon terms will result in a 1.5% per month service charge. 8. ESCALATION: If shipment is, for any reason, deferred by the Purchaser beyond the contractually agreed upon normal shipment date, or if material price increases (or decreases) are greater than 5% from proposal date to material procurement date, stated prices set forth herein are subject to a shared risk escalation adjustment. Any escalation less than plus or minus 5% shall be absorbed by Duperon Corporation. All escalation (increase or credit) that exceeds 5% shall be passed onto the Purchaser at cost and shall be based upon increases (or decreases) in material costs to Duperon Corporation that occur in the time period between quotation and material procurement by Duperon Corporation. Purchaser agrees to this potential escalation (or credit) regardless of contradicting terms in the contract, except when an agreed upon escalation adder is included in the price. (a) The total quoted revised price is based upon changes in the indices as published by third party sources, such as, the United States Department of Labor, Bureau of Labor Statistics. Labor will be related to the Average Hourly Earnings indices found in the Employment and Earnings publication. Material will be related to the Metal and Metal Products Indices published in Wholesale Prices and Price Indices. (b) Price revision for items furnished to, and not manufactured by Duperon Corporation, which exceed the above escalation calculation, will be passed along by Duperon Corporation to Purchaser based upon the actual increase in price to Duperon Corporation for the period from the date of quotation to the date of material procurement. Any item that is so revised will be excluded from the index escalation calculations set forth in subparagraph (a) above. 9. APPROVAL: If approval of equipment submittals by Purchaser or others is required, a condition precedent to Duperon Corporation supplying any equipment shall be such complete approval. 10. INSTALLATION SUPERVISION: Unless specified, prices quoted for equipment do not include installation supervision. Duperon Corporation recommends and will, upon request, make available, at Duperon Corporation's then current rate, an experienced installation supervisor to act as the Purchaser's agent to supervise installation of the equipment. Purchaser shall at its sole expense furnish all necessary labor equipment, and materials needed for installation. Responsibility for proper operation of equipment, if not installed by Duperon Corporation or installed in accordance with Duperon Corporation's instructions, and inspected and accepted in writing by Duperon Corporation, rests entirely with Purchaser; and any work performed by Duperon Corporation personnel in making 1 74 Duperon Corporation Terms and Conditions adjustment or changes must be paid by Purchaser at Duperon Corporation's then current per diem rates plus living and traveling expenses. 11. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any claim by Purchaser unless written notice of non-acceptance is received by Duperon Corporation within 30 days of delivery if shipped F.O.B. point of shipment, or 48 hours of delivery if shipped F.O.B. point of destination. Such written notice shall not be considered received by Duperon Corporation unless it is accompanied by all freight bills for said shipment, with Purchaser's notations as to damages, shortages and conditions of equipment, containers, and seals. Non -accepted products are subject to the return policy stated below. 12. TAXES: Any federal, state, or local sales, use or other taxes applicable to this transaction, unless specifically included in the price, shall be the responsibility of Purchaser. 13. TITLE: The equipment specified herein, and any replacements or substitutes therefore shall, regardless of the manner in which affixed to or used in connection with realty, remain the sole and personal property of Duperon Corporation until the full purchase price has been paid. Purchaser agrees to do all things necessary to protect and maintain Duperon Corporation's title and interest in and to such equipment; and upon Purchaser's default, Duperon Corporation may retain as liquidated damages any and all partial payments made and shall be free to enter the premises where such equipment is located and remove the same as its property without prejudice to any further claims on account of damages or loss which Duperon Corporation may suffer from any cause. 14. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser agrees to provide and maintain at its expense, but for Duperon Corporation's benefit, adequate insurance including, but not limited to, builders risk insurance on the equipment against any loss of any nature whatsoever. Purchaser shall provide proof of said coverage prior to shipment. 15. SHIPMENTS: Any estimated delivery dates represent Duperon Corporation's best estimate. No liability, direct or indirect, is assumed by Duperon Corporation for failure to ship or deliver on such dates. Duperon Corporation shall have the right to make partial shipments; and invoices covering the same shall be due and payable by Purchaser in accordance with the payment terms thereof. If Purchaser defaults in any payment when due hereunder, Duperon Corporation may, without incurring any liability therefore to Purchaser or Purchaser's customers, declare all payments immediately due and payable with maximum legal interest thereon from due date of said payment, and at its option, stop all further work and shipments until all past due payments have been made, and/or require that any further deliveries be paid for prior to shipment. If Purchaser requests postponements of shipments, the purchase price shall be due and payable upon notice from Duperon Corporation that the equipment is ready for shipment; and thereafter any storage or other charge Duperon Corporation incurs on account of the equipment shall be added to Purchaser's account. If delivery is specified at a point other than Duperon Corporation or its supplier's shipping points, and delivery is postponed or prevented by strike, accident, embargo, or other cause beyond Duperon Corporation's reasonable control and occurring at a location other than Duperon Corporation or its supplier's shipping points, Duperon Corporation assumes no liability for delivery delay. If Purchaser refuses such delivery, Duperon Corporation may store the equipment at Purchaser's expense. For all purposes of this agreement such tender of delivery or storage shall constitute delivery. 16. WARRANTY: DUPERON CORPORATION WARRANTS EQUIPMENT IT SUPPLIES ONLY IN ACCORDANCE WITH THE WARRANTY EXPRESSED IN THE ATTACHED COPY OF "DUPERON WARRANTY" AGAINST DEFECTS IN WORKMANSHIP AND MATERIALS WHICH IS MADE A PART HEREOF. SUCH WARRANTY IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHETHER WRITTEN, ORAL, EXPRESSED, IMPLIED OR STATUTORY, DUPERON CORPORATION SHALL NOT BE LIABLE ANY CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER. THE PARTIES AGREE AND STIPULATE THAT AN EXPRESS WARRANTY PROVIDED TO PURCHASER IN WRITING IS THE SOLE WARRANTY REGARDING THE PRODUCT AND ANY SERVICE PROVIDED BY DUPERON CORPORATION. THE PARTIES SPECIFICALLY AGREE AND STIPULATE THAT THERE IS NO OTHER WARRANTY OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO CONSUMER WARRANTIES, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, AND DUPERON CORPORATION IS NOT LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, EXCEPT AS SET FORTH IN THESE TERMS AND THE EXPRESS WARRANTY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE EXPRESS WARRANTY. 17. PATENTS: Duperon Corporation agrees that it will, at its own expense, defend all suits or proceedings instituted against Purchaser and pay any award of damages assessed against it in such suits or proceedings, so far as the same are based on any claim that the said equipment or any part thereof constitutes an infringement of any apparatus patent of the United States issued at the date of this Agreement provided Duperon Corporation is given prompt notice in writing of the institution or threatened institution of any suit or proceeding and is given full control of the defense, settlement, or compromise of any such action; and Purchaser agrees to give Duperon Corporation needed information, assistance, and authority to enable Duperon Corporation so to do. In the event said equipment is held or conceded to infringe such a patent, Duperon Corporation shall have the right at its sole option and expense to a) modify the equipment to be non -infringing, b) obtain for Purchaser the license to continue using said equipment, or c) accept return of the equipment and refund to the Purchaser the purchase price thereof less a reasonable charge for the use thereof. Duperon Corporation will reimburse Purchaser for actual out-of-pocket expenses, exclusive of legal fees, incurred in preparing such information and rendering such assistance at Duperon Corporation's request. The foregoing states the entire liability of Duperon Corporation, with respect to patent infringement; and except as otherwise agreed to in writing, Duperon Corporation assumes no responsibility for process patent infringement. 18. CANCELLATION, SUSPENSION, OR DELAY: After acceptance by Duperon Corporation, the proposal, or Purchaser's order based on the proposal, shall be a firm agreement and is not subject to cancellation, suspension, or delay except upon payment by Purchaser of appropriate charges which shall include all costs incurred by Duperon Corporation to date of cancellation, suspension, 2 75 Duperon Corporation Terms and Conditions or delay plus a reasonable profit. Additionally, all charges related to storage and/or resumption of work, at Duperon Corporation's plant or elsewhere, shall be added to Purchaser's sole account; and all risks incidental to storage shall be assumed by Purchaser. 19. DUPERON CORPORATION CANCELLATION: Duperon Corporation shall have the right to cancel any order or proposal without notice to Purchaser in the event that Purchaser becomes insolvent, adjudicated bankrupt, petitions for or consents to any relief under any bankruptcy reorganization statute, or becomes unable to meet its financial obligations in the normal course of business. 20. RETURN OF PRODUCTS: No products may be returned to Duperon Corporation without Duperon Corporation's prior written permission. Said permission may be withheld by Duperon Corporation at its sole discretion. 21. EXTENDED STORAGE: Extended storage instructions will be part of the information provided at shipment. If equipment installation and start-up is delayed more than 30 days, the provisions of the storage instructions must be followed to keep WARRANTY in force. 22. BACKCHARGES: Duperon Corporation will not approve or accept back charges for labor, materials, or other costs incurred by Purchaser or others in modification, adjustment, service, or repair of Duperon Corporation furnished materials unless such back charge has been authorized in advance in writing by a Duperon Corporation employee, by a Duperon Corporation purchase order, or work requisition signed by Duperon Corporation 23. INDEMNIFICATION AND HOLD HARMLESS: Duperon Corporation and Purchaser agree to hold harmless the other party from any and all liabilities, damages, losses, claims, demands, payments, actions, fees, or judgments arising out of or resulting from injury to or death of any and all persons or from damage to or loss of property (or loss of use thereof) arising out of the sale, use, maintenance, and/or delivery of equipment provided such liabilities, damages, losses, claims, demands, payments, actions, fees, or judgments are caused by actual, or claimed, negligence or breach of warranty and do not arise from any warranty not approved or from any sales for a purpose not authorized. Purchaser agrees to indemnify Duperon Corporation from all costs incurred, including but not limited to court costs and reasonable attorney fees, from enforcing any provisions of this contract, including but not limited to breach of contract or costs incurred in collecting monies owed on this contract. 24. FORCE MAJURE: Neither party shall be considered in default hereunder or be liable for any failure to perform or delay in performing any provisions of this Agreement in the customary manner to the extent that such failure or delay shall be caused by any reason beyond its control, including an act of God; fire, explosions, hostilities or war (declared or undeclared, striking or work stoppage involving either party's employees or governmental restrictions, provided that the party declaring force majeure shall give notice to the other party promptly and in writing of the commencement of the condition, the nature, and the termination of the force majeure condition. The party whose performance has been interrupted by such circumstances shall use every reasonable means to resume full performance of these Terms as promptly as possible. 25. ASSIGNMENT: No assignment of any right or obligation under this Contract shall be made by either party without the prior consent of both parties. Any attempted assignment without such is void. 26. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the parties hereto superseding any prior understandings, either written or oral, and is not subject to modification except by a writing signed by an authorized officer of each party. 27. ARBITRATION: Any controversy or claim arising out of or relating to the performance of any contract resulting from this proposal or contract issued, or the breach thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered to any court having jurisdiction. 28. MISCELLANEOUS: Titles and/or headings in these Terms are inserted for convenience only and are not intended to effect the interpretation or construction of the Terms. Whenever possible, each provision of this Contract shall be interpreted in such a way as to be effective and valid under applicable law. If any provision is prohibited by or invalid under applicable law, it will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Terms. The parties agree that time is of the essence. Production and delivery dates may change upon any delay caused by Purchaser or its agents. Duperon Corporation may not be assessed damages for delays in shipment or delivery. Unless otherwise agreed in writing, the Terms contained herein and the subject of this agreement shall be governed by and construed only under the laws of the State of Michigan, USA. The parties agree and stipulate that jurisdiction and venue is proper before the trial courts of Michigan and consent to the jurisdiction thereof, and agree to dismiss any claim brought before the courts of any other state or nation. The parties deem that this Agreement was executed and to be fully performed in Saginaw, Michigan. 3 76 DEP AGREEMENT NO. S0733 STATE OF FLORIDA GRANT AGREEMENT ment.ANT TO LINE ITEM 1668A OF THE 2014-2015 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 the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1801 27th Street, Vero Beach, Florida 32960 (hereinafter referred to as "Grantee"), local government, to provide financial assistance for the Egret Marsh Stormwater Park Harvest Rake Replacement. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. 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. This Agreement shall begin upon execution by both parties and remain in effect for a period of six (6) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution 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. 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 $175,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of deliverables 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, but not limited to, the Reference Guide for State Expenditures. All bills 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) days following the completion date of the Agreement, to assure the availability of funds for payment. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Equipment — (Capital outlay costing $1,000 or more) — Reimbursement for the purchase of equipment is subject to specific approval of the Department. Include copies of invoices or receipts to document purchases, and a properly completed Attachment D, Property Reporting Form. DEP Agreement No. S0733, Page 1 of 7 77 D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. 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://wwvv.fldfs.com/aadir/reference%5Fguide. E. 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 subrecipient's, 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. ii. If the Department fords 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. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. 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) 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. 6. 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. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department DEP Agreement No. S0733, Page 2 of 7 78 shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Depai Intent regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. 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) days of being notified of the unsatisfactory deliverable. if a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance 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) 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. 9. This Agreement may be unilaterally canceled by the Department for 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, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. 10. 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 Agreement completion. 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. DEP Agreement No. S0733, Page 3 of 7 79 1 ]. 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 Development and Review Manager at 850/245-2361 to request a copy of the updated information. 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: https://apps.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. A. The Grantee may not 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) days after execution. 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. 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. 14. 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. 15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. DEP Agreement No. 50733, Page 4 of 7 80 16. The Department's Grant Managers (which may also be referred to as the Department's Project Manager) for this Agreement are identified below. Sue Leitholf Florida Department of Environmental Protection Florida Coastal Office 3900 Commonwealth Blvd., MS #235 Tallahassee, Florida 32399 Telephone No.: (850) 245-2953 Fax No.: E-mail Address: E-mail Address: Susan.Leitholf@dep.state.fl.us 17. The Grantee's Grant Manager for this Agreement is identified below. Keith McCully, P.E. Indian River County Stormwater 1801 27th Street Vero Beach, Florida 32960 Telephone No.: (772) 226-1562 Fax No.: (772) 778-9391 E-mail Address: kmccully@ircgov.com 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the its employees unless such employees are covered by the protection afforded by the Grantee. Such 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 his employees not otherwise protected. 19. The Grantee shall 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 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 anyone directly or indirectly employed by him. A. The Grantee shall 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 by anyone directly, or indirectly employed by him. 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 Liability Coverage B. 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) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. DEP Agreement No. S0733, Page 5 of 7 81 20. 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. 21. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non -expendable personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment F, Property Reporting Form, DEP 55-212, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the non -expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non -expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non -expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. 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 Grantee's cost or time, shall require formal amendment to this Agreement. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in perfonnance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list 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. 24. Land acquisition is not authorized under the terms of this Agreement. 25. 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. 26. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. DEP Agreement No. S0733, Page 6 of 7 82 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. INDIAN RIVER COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: Title: * Secretary or designee Date: Date: APPROVED AS TO FORM AND L GALS )FFJIfNC nn111 � f � BYt( WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY FEID No.: 59-6000674 Sue Leitholf, DEP Grant Manager DEP Contracts Administrator Appoved as to form and legality: ,,icivi Att me ti, D y *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 (1 Page) Attachment B Payment Request Summary Form (2 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment D Progress Report Form (I Page) Attachment E Special Audit Requirements (5 Pages) Attachment F Property Reporting Form (I Page) DEP Agreement No. S0733, Page 7 of 7 83 ATTACHMENT A GRANT WORK PLAN Project Title: Egret Marsh Stormwater Park Harvest Rake Replacement r p Qrr t y5 i y . :'.; '" '3,) .-,-:';',i., `• Z}--`-X,..� -, .I. i ,i1' T,il f,. $' -i Project Location: 7295 4TH Street, Vero Beach, Indian River County, Florida 32968. Egret Marsh Stormwater Park treats water contributed by a 9,000 -acre agricultural drainage basin, a part of the approximately 50,000 acre Indian River Farms Water Control District, which discharges into the Indian River Lagoon. The Hydrologic Unit Code for the Indian River Lagoon is 03080203. } - ,i1 �4, �%. ,pq.4,} u ,. ;,.„-t..,y •13 'Y ., �1 9f n�..Ja`.� Y J'y..� t' rryi, 5Y t'Y i r� S Sl.fi" yF�' t. y�.1 L f} +N%y ,. , eM ; !`): ,�, ,,,% Y'H} 4Yr t i �T' r,,4 : ih N,r,,}. .,. : r r ~r!$ t . ! 2..`t Project Background: This project will replace the existing algae Harvest Rake at Egret Marsh Stormwater Park (Egret Marsh). Egret Marsh is a regional stormwater treatment facility that uses algae to remove dissolved nitrogen and phosphorus from water in the Indian River Farms Water Control District's (IRFWCD) Lateral D Canal, serving an approximate 9,000 acre watershed that discharges into the Indian River Lagoon. Periodically, algae growing on Egret Marsh's flow way must be harvested to remove captured nutrients from the system and to facilitate growth of new algae for further nutrient uptake. The harvested algae is collected by the Harvest Rake and deposited onto a concrete pad for further processing. Since the original Harvest Rake was installed, the manufacturer, Duperon Corporation, has developed a new Harvest Rake design based on recommendations from County staffs experienced with the original design. The original Harvest Rake is very prone to clogging due to its rotation - it rotates against the algae flow into it rather than with it. Because of resultant algae wrapping and clogging, significant staff time is required to babysit the Harvest Rake during harvest events. The rake frequently becomes clogged and when this occurs, significant amounts of algae bypass the Harvest Water Basin and flow into the Polishing Pond System. The cumulative Polishing Pond volume is slowly being compromised by the unnecessary algal flow into it. Duperon's new Harvest Rake design works with, not against the flow of algae into it, and the new design is expected to significantly reduce the possibility of clogging. This means that nearly all algae bypass issues will be eliminated, which will allow the Polishing Ponds to function as intended for a much longer period and also improve the wildlife habitat potential in and around the ponds due to a lowered pollutant load to them. Because algal removal rates will increase during harvest events with the implementation of the new Harvest Rake design, the Indian River Lagoon (IRL) will ultimately benefit since all water treated at Egret Marsh flows into the IRL. k ! d' 6 kii., A sus, '{�f' 3 /; jy¢/gW e lafjjxq�ts ,fA L ^F �i H,+ }rr! YSi:�s e:-;' 'GF d -14 ,,,,%' i, i- ,�� } �����4��{1rY �i-}'RS �='"I+,h, ���f�P!Y�+2_:#�l ?# .��. l��nti5!J3.�Y��4r1�2��F;�';�`e.t -E�i3�"ry^'�fi,Jttr.:�.D. Project Description: The new Harvest Rake will replace an existing Harvest Rake that to collects harvested algae from Egret Marsh Stormwater Park's algal turf scrubber. The existing Harvest Rake will be removed from the harvest tank by a large crane and the new Harvest Rake will be installed in the same location using the same crane. The new Harvest Rake will be operated using the existing control system. TASK 1: Procurement of new Harvest Rake by Indian River County. Deliverable: Color photograph(s) of the Harvest Rake upon delivery. Timeline for Completion: 6 months from the date the County orders the new Harvest Rake from Duperon Corporation. Equipment Cost: $175,000 (DEP Funding) Performance Standard: The Department's Grant Manager will review the photograph(s) to ensure the Harvest Rake was purchased and received. �}r,4.F ^}ro7'x''4 7. ti,: �y *`s`Ffi t gy-is"afgr} S ,ref b-yv ,4E.$,a9' '"fit ra .. Y`yra.`` '1 i i '1 ...++tea _ .+. } �. z` srprK� a':3g`e;.zp� ;,# r," :7"�k? '+4",�b;'�-.i. g "'"v'S'$ ;+,SV?S r`Fj : t..�; C, rr .fin{S .' �. rri ...c.,N,}1r4 y' Revised 6/13 DEP Agreement S0733, Attachment A, Page 1 of 1 84 Grantee: ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Mailing Address: DEP Agreement No.: S0733 Date Of Request: Task/Deliverable Amount Requested:$ Grantee's Grant Manager: Payment Request No.: Performance Period: Task/Deliverable No.: 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 FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $N/A $N/A $N/A $N/A Fringe Benefits $N/A $N/A $N/A $N/A Travel (if authorized) $N/A $N/A $N/A $N/A Subcontracting: Planning $N/A $N/A $N/A $N/A Design $N/A $N/A $N/A $N/A Construction $N/A $N/A $N/A $N/A Equipment Purchases $ $ $ $ Supplies/Other Expenses $N/A $N/A $N/A $N/A Land $N/A $N/A $N/A $N/A Indirect $N/A $N/A $N/A $N/A TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE BUDGET AMOUNT $ $ Less Total Cumulative Payment Requests of: $ $ TOTAL REMAINING IN TASK $ $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEP 55-223 (03/12) DEP Agreement No. S0733, Attachment B, Page 1 of 2 85 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. 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). 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 TASK BUDGET AMOUNT' 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 BUDGET AMOUNT' 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 al] 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 TASK BUDGET AMOUNT' 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 CERTIFICATION: 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 (03/12) DEP Agreement No. S0733, Attachment B, Page 2 of 2 86 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: (2) Fringe Benefits: (3) Travel: (4) Other direct costs: (5) In-house charges: 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. 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. 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. 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. 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: http://www.fldfs.com/aadir/reference euide.htm DEP 55-219 (05/2008) DEP Agreement No. S0733, Attachment C, Page I of 1 87 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: S0733 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone 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. S0733 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager DEP Agreement No. S0733, Attachment D, Page 1 of 1 Date 88 ATTACHMENT E REVISED 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 contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 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 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -I33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends Less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. DEP Agreement No. S0733, Attachment E, Page 1 of 5 89 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 21597(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.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, Stale agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. S0733, Attachment E, Page 2 of 5 90 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 Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at 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 a dep.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: FDEPSingleAudit@dep.state.fl.us DEP Agreement No. S0733, Attachment E, Page 3 of 5 91 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 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at 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(u dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0733, Attachment E, Page 4 of 5 92 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: State Appropriation Category 140047 Funding Amount \ ? CFDA Title J * CSFA Title or Funding Source Description Statewide Surface Water Restoration and Wastewater Project Q CSFA Number $ U C:, Federal Agency % Federal Program Number 2014-2015 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Appropriation Category 140047 Funding Amount \ ? & J CSFA Title or Funding Source Description Statewide Surface Water Restoration and Wastewater Project CSFA Number $ C:, % State Fiscal Year 2014-2015 Funding Source General Revenue Fund, Line Item 1668A State Program Number Original A reement fir\ . § 5®3 .\ \ O J I. .ua 2 m \ Qc) / /c /k 2 4. .0 .w o $ o . I. k ¥5 -4 ,p .§ • w/ /L\ $ § § ® / // </ ƒ\0 \// /\\ o «» - 0 >2 E0. \ o S• f J / // {ƒ/ '•\ \ \ ƒ § =, Q$c • d cote =u. 7/ • ) R/ E /§ /\ /k ;EL f =� 0 �QgU .6 - » .e .1)»f (\ u ._ DEP Agreement No. S0733, Attachment E, Page 5 of 5 93 M E nZ ai o Cic Z U z 66.1 W O` Ca F a c z W 0+ r LL `o t r H O c Q Z O ro a '- q C 0 a) 0 to o ra . '0C io c U m o U U V1 N Y Y ` Q (1) 0 0 C .- a) C 7 r0 L O N ".t; 77 f.12 -c on v v o y CU = a n E iy to (0 ro (1) T Q 0)a t'i H .5.. 7 b �w o y Ua a'" M o Z" 2 ato ra oro m'Pacr° E c Q aIi C U 7 L y rnm �w c- 5oY o to o u c .53 a a E !, o m aL� c E t c m o 'D c c - o O m 7 0) Fr Cs. w r` 7 0 cc I0 > 'E n0 or 0 1,* m m O u - . m a. 0 > oo o p c gttia a)b ra f 0.o aai fS a ('j �w 0) 0 0 ro 10 C€ N a' r0 C7 to m O Em C O u o t3 tea) pg" Eo ac0 0CL N W p v 0 W 5. QZ o o oC ` 0 0 0 � (. E GSW W o o z;nZ --w ,}H z,pc ._ a) /0 .0 0. 0 0. a 11/ V) 0 c 0 i c 0) E u 0 0 v a)) O 0 ai 2 O V O c 0 0- 0 L 0 Q ami 0 N rn c D 7 u c 0 Z 01 ar ro 0 C r0 v a 0 ro0 U v cro v E y _n L Y Q O fU a 0) .0 L i 0 0 a. o 01 v C c '3 0 N C ID L +, 6) t a) 2 rsc O U a°)) ro E. 't c v rn y f0 c v c E C 01 CO O m LJ z aa)) c o r0 X a) .0a JD 1- 'O v 0 01 9-)a) rn rn Cr) ami in a 0 6 ami 1.2: 0. `L° v0 a.-' 0 0 00 o a) Z U 0 100 E a) Z ; u 6.a ro o Ua) Q n0Z� M O yw0 U O<N C oo¢' Ns c> O Z LU t 0o 0ci V N E Z 0O O N N 0_ n Q w aw W W 0 7 LT 0 0 94 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: p,Christopher R. Mora, P Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: DATE: Joseph A. Baird, County Administrator CONSENT AGEND Amendment No. 1- FDEP Grant Agreement No. 14IR2 Sector 3 Dune Repair Project September 29, 2014 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2013/2014 funding to assist in the recovery of the State's beaches following Hurricane Sandy and Tropical Storm Debby. On November 22, 2013, FDEP entered into grant Agreement No. 14IR2 with Indian River County committing state funds for design, permitting, and construction phase services required for the repair of the Sector 3 Beach and Dune Restoration Project constructed between 2010 and 2012. The agreement commits up to $5,400,000 at a cost share ratio of 50% State - 50% Local. The total local share under this agreement is $2,700,000. The Sector 3 Dune Repair Project is anticipated to begin November, 2014. Amendment No. 1 to FDEP grant Agreement No. 141R2 amends grant Task 3.3 - Hurricane Repair Construction to include specific construction related Deliverables (Project Construction, Construction Phase Observation, and Sea Turtle Monitoring) that were not previously identified in Task 3.3 of the original agreement. Amendment No. 1 does not change the total FDEP grant funding available for this project. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. For FY 14/15, grant match funding is budgeted and available for the Sector 3 Dune Repair Project in the Beach Restoration Fund, Sector 3 Renourishment Post -Sandy Account No.12814472-066510-13014. F:\Public Works \JamesG\14IR2 FDEP Grant\Amendment No. 1\agenda item 14IR2 FDEP Grant Agreement -- amendment no. 1.docx 95 Page 2 BCC Agenda Item FDEP Grant Agreement 141R2 — Amendment No. 1 October 7, 2014 RECOMMENDATION Staff recommends the Board approve Amendment No. 1 to FDEP Grant Agreement No. 14IR2 and authorize the Chairman to sign two (2) copies of the Agreement on behalf of the County. Following Board approval, the County will transmit both partially executed Agreements to the State for final signatures. Upon receipt of the fully executed original Amendment No. 1- FDEP Grant Agreement 14IR2 from the State, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACHMENT 1. Amendment No. 1- FDEP Grant Agreement 14IR2 (2 original copies) 2. Indian River County Grant Form # 14IR2 — Al APPROVED AGENDA ITEM FOR: October 7, 2014 Indian River County Ap . roved Date Administration :41 JO�di/%// Budget 1 ). dml, /t4 Legal IAA c%_ _( Public Works Iii? -,?1-1 Coastal Eng. Division JD G 9 f z 4114 F:\Public Works\JamesG\14IR2 FDEP Grant\Amendment No. 1\agenda item 14IR2 FDEP Grant Agreement -- amendment no. 1.docx 96 GRANT NAME: FDEP Indian River County Hurricane Repair Project AMOUNT OF GRANT: $5,400,000 .�., DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: James D. Gray, Jr. TELEPHONE: ext 1344 GRANT # 141R2 —Al 1. How long is the grant for? January 30, 2017 Starting Date: November, 2013 YES NO 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 50.00 5. Grant match amount required $2,700,000 X X 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Funding is available in the Beach Restoration Fund, Sector 3 Renourishment Post -Sandy Account No.12814472-066510- 13014. 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year [ $ 011.13 Other Salaries & Wages (PT) Third Year $ $ $ $ 012.11 Social Security $ $ $ Fifth Year ,$ 012.12 Retirement — Contributions $ 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: 1011 97 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ S $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year ,$ S $ $ Signature of Preparer: Date: 1011 97 AMENDMENT No. 1 DEP AGREEMENT No: 14IR2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCE MANAGEMENT BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT THIS AGREEMENT was entered into the 22°d day of November, 2013, and revised by change order on the 3`d day of September, 2014, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 2600 Blair Stone Road, MS 3554, Tallahassee, Florida 32399, and INDIAN RIVER COUNTY, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is Indian River County Public Works, 1801 27th Street, Vero Beach, Florida 32960, for the project described herein. WHEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to include an additional scope of work, which will be incorporated by execution of this amendment. Accordingly, the Grant Work Plan is revised as set forth in Attachment A-2; and, WHEREAS, other changes to the Agreement are necessary. • Paragraph 2 sentence two is hereby deleted in its entirety and replaced with the following: Pursuant to Section 161.101 (18), Florida Statutes, and 62B-36.009, Florida Administrative Code, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after November 1, 2012, .may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the DEPARTMENT. • Paragraph 7 is hereby deleted in its entirety and replaced with the following: A. For deliverables in tasks 2.1, 3.1, 3.2 and 3.3A -C, as specified in Attachment A-2, the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the work. The tasks must be incorporated into the Grant Work Plan in the form of an approved amendment to this Agreement. B. For deliverable 3.3D in Attachment A-2, the LOCAL SPONSOR shall submit detailed Scopes of Work for each storm repair, the DEPARTMENT shall review it as to content, deliverables, schedule and cost. The LOCAL SPONSOR shall be notified by a written Letter of Authorization from the DEPARTMENT's Program Administrator of approval of the detailed Scope of Work for that specific location. Copies of Letters of Authorization, which includes a copy of the approved detailed Scope of Work, shall be sent to the DEPARTMENT's Bureau of Finance and Accounting and must accompany each request for reimbursement for that Scope of Work. A Letter of Authorization must be received by the LOCAL SPONSOR prior to initiating any work on a PROJECT task. The total of all Letters of Authorization shall not exceed the total for Deliverable 3.3D in Attachment A-2. DEP Agreement No. 14IR2, Amendment No. 1, Page 1 of 3 98 • Paragraph 8 Table 1 is hereby deleted is its entirety and replaced with the following: TABLE 1 Task # Eligible Project Tasks State Cost Share (%) Federal Estimated Project Costs DEP Local Total 2.0 Des ien 2.1 Design of Dune repairs 50% $42,722.50 $42,722.50 ► $85,445.00 3.0 Construction 3.1 Dune Repairs Reimbursement - Orchid 50% $135,196.50 $135,196.50 r $270,393.00 3 2 Dune Repairs Reimbursement - Wabasso and Golden Sand 50% $37,575.50 $37,575.50 $75,151.00 3.3 Hurricane Repair Construction 50% $2,484,505.50 $2,484,505.50 $4,969,011.00 TOTAL PROJECT COSTS $2,700,000.00 $2,700,000.00 $5,400,000.00 • Paragraph 13 is hereby revised to update the Request for Payment forms; Attachment E-1 (Request for Payment Parts I-IV) attached hereto and made a part of the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14IR2, Amendment No. 1, Page 2 of 3 99 IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By• By: Title: Commission Chair Department of Environmental Protection Secretary or designee Date: Date: FEID No. 59-2073525 By: Josep By: County Administrator Department of Environmental Protection Grant Program Administrator APPROVED as to form and legality: Dylan Reingold, Local Sponsor's Attorney Department of Environmental Protection Attorney *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A-2 Revised Grant Work Plan (3 pages) Attachment E-1 Request For Payment, Parts I - IV (4 pages) DEP Agreement No. 14IR2, Amendment No. 1, Page 3 of 3 100 ATTACHMENT A-2 REVISED GRANT WORK PLAN Project Title: Indian River County Hurricane Repair Project Project Location: Indian River County R20 — R51.3 Project Background: This Project consist of the restoration and maintenance of approximately 32,090 feet (6.1 miles) of critically eroded shoreline between FDEP Reference Monuments R20 and R51.3. The Sector 3 Beach and Dune Restoration Project was constructed in three (3) separate phases from 2010-2012, placing approximately 550,000 cubic yards of sand in the project area. In October of 2012, the project was impacted by Hurricane Sandy. Emergency dune nourishment was conducted jointly under authority granted under the FDEP Emergency Final Order — OGC No. 12-1641. Design for a full dune repair project is ongoing, with construction anticiapted for 2014/2015. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2004) and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. The monitoring standards and GIS guidelines may be found at http://www.dep.state.fl.us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 2.1 Design and Permitting of the Restoration Coastal Planning and Engineering Inc. has been retained by Indian River County to conduct professional services to assist the COUNTY with timely negotiation of acceptable FDEP and USACE permits for the proposed Dune Repair Project. Specific tasks associated with these efforts include: FDEP and USACE Permit Negotiations and Data Monitoring Support coordination services through receipt of Agency action. Deliverable A: One electronic submission of the final design report. Total Cost: $11,747 ($5,873.50 — DEP funds). Due Date: January 30, 2017. Deliverable B: One electronic submission of 2013 Sector 3 beach profile monitoring surveys from Morgan & Eklund, Inc. Total Cost: $17,050 ($8,525 — DEP funds). Due Date: January 30, 2017. Deliverable C: One electronic submission of the pre -application meeting minutes. Total Cost: $5,991 ($2,995.50 — DEP funds). Due Date: January 30, 2017. Deliverable D: One electronic submission of the environmental assessment. Total Cost: $7,594 ($3,797— DEP funds). Due Date: January 30, 2017. Deliverable E: One electronic submission of the permit application. Total Cost: $22,598 ($11,299 — DEP funds). Due Date: January 30, 2017. DEP Agreement No. 14IR2, Amendment No. 1, Attachment A-2, Page 1 of 3 101 Deliverable F: One electronic submission of the RAI responses. Total Cost: $7,967 ($3,983.50 — DEP funds). Due Date: January 30, 2017. Deliverable G: One electronic submission of the final construction plans and specifications. Total Cost: $12,498 ($6,249 — DEP funds). Due Date: January 30, 2017. 3.0 Construction Work performed and costs associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Performance Standard: Work products (Deliverables) must meet acceptance standards of the engineer, building code inspector, Joint Coastal Permit, or a combination of these, as required, to assure all project -related construction is completed to desired specifications. 3.1 Emergency Dune Nourishment- Orchid Beach In coordination with Indian River County, the Town of Orchid Beach awarded a construction contract to the lowest qualified bidder for emergency dune stabilization for the Orchid Beach section of the Sector 3 Project to address damages sustained during Hurricane Sandy. Eligible costs include mobilization, demobilization, beach fill, permit compliance, beach tilling, and native beach -dune vegetation. The Town and the County have an interlocal agreement to provide reimbursement to the Town, who acted on behalf of the county during the emergency situation. Deliverable A: Copy of All Periodic Certified Pay invoices as submitted by Contractor and approved by The Town of Orchid. Total Cost: $270,393 ($135,196.50 — DEP funds). Due Date: January 30, 2017. 3.2 Emergency Dune Nourishment- Wabasso and Golden Sands Indian River County awarded a construction contract to the lowest qualified bidder for Emergency dune stabilization for the Wabasso and Golden Sand Project to repair damages sustained during Hurricane Sandy. Eligible Costs include mobilization, demobilization, beach fill, permit compliance monitoring, nest relocation, beach tilling, and native beach -dune vegetation. Deliverable A: Copy of All Periodic Certified Pay Invoices as submitted by Contractor and approved by County for the Wabasso repair. Total Cost: $32,865 ($16,432.50 — DEP funds). Due Date: January 30, 2017. Deliverable B: Copy of All Periodic Certified Pay Invoices as submitted by Contractor and approved by County for the Golden Sands repair. Total Cost: $42,286 ($21,143 — DEP funds). Due Date: January 30, 2017. DEP Agreement No. 14IR2, Amendment No. 1, Attachment A-2, Page 2 of 3 102 3.3 Hurricane Repair Construction Indian River County will proceed with a storm repair project to replace sand lost during the passage of Hurricane Sandy. The project will place 154,700 cubic yards landward of the mean high water line. Sand will be truck hauled from an upland sand mine approved in the Joint Coastal Permit 0285993. Authorization for the storm repair is provided in 0285993 -008 -JN for one-time only placement. Deliverable A: Pay surveys for completed Indian River County Hurricane Repair Project construction event. Total Cost: $3,076,920 (DEP cost $1,538,460). Due Date: January 30, 2017. Deliverable B: Final Project Report and Certification. Total Cost: $57,319 (DEP cost $28,659.50). Due Date: January 30, 2017. Deliverable C: Sea turtle monitoring report including pre- and post -construction lighting survey findings, disorientation summary, total nests observed, total nests relocated, nesting success and hatching success. Total Cost: $21,376 (DEP cost $10,688). Due Date: January 30, 2017. Deliverable D: Supplemental Services Report, detailing unanticipated construction costs incurred during storm repair. Pending scopes of work included under this task must be approved by Division staff prior to initiation of work per Agreement paragraph 7B. Total Cost: $1,813,396 (DEP cost $906,698). Due Date: January 30, 2017. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. DEP Agreement No. 141R2, Amendment No. 1, Attachment A-2, Page 3 of 3 103 ATTACHMENT E-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 141R2 Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share *if applicable Cost Summary: Local Share Total State Funds Obligated $ Local Funds Obligated Less Advance Pay $ Less Advance Pay Less Previous Payment $ Less Previous Credits Less Previous Retained $ Less This Payment $ Less This Retainage (10%) $ State Funds Remaining $ Less This Credit Local Funds Remaining DEP Agreement No. 14IR2, Amendment No. 1, Attachment E-1, Page 1 of 4 104 z Q L 7 • f �' FI 0 as aV Q z W - zr • d —z z A o F W 2 o�C< az d pU CLw Person Completing Form & I Telephone Number State Payment (13) u`q d Form Instructions: Billing Period: Should reflect Invoice services performed date. ( beginning date - earliest date of services, end date - latest date of services performed. Person to Contact for questions regarding Items submitted on this form. Deliverable IF: Must Identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable. Eligible Cost Invoice amount paid by Local Sponsor fess ineligible cost for Line Item Deliverable only. I% Federal Share: If applicable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if applicable. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage. Non -Federal Share: Eligible Cost (4) minus Federal Share of Invoiced Amount (6) Percentage of State Share: This should be the State Share Percentage listed in Agreement State Share: Multiply Non -Federal Share by State Share Percentage. Local Share: Subtract State Share from Non -Federal Share Retainage Payment: Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested. Withheld Retainage: Multiply State Share by SO% State Payment: Subtract Retainage from State Share Total Due to Local Sponsor: Add Retainage Payment Total to State Payment Total. N z For questions or concerns regarding this form please contact: Janice Simmons - (850)245-8222 or email at Janice.L.Simmons@dep.state.fi.us O Ip N L C 3 o f,, a �,.. it s�>vq m C c O—% - iFgjfi Billing Period: (1) Local Share (10) J„S r6ti 01. State Share (9) jt4 i FFF L((�� . %State Share (8) fw (,1j.4t� T�I �~�15� DEP AGREEMENT NUMBER Non -Federal Share (7) Federal Share of Invoice Amount (6) %Fed Share (6) 07 qt C2v so .... 3.Tt=.r,. Name of Project: Deliverable Number (3) Check Number :cF.S4 J'' hT 4 O Y xJ J ty4,4A; Invoice Number Ni. M.'? C E V 4k N N M In lO f, CO 01 N N M DEP Agreement No. 14IR2, Amendment No. 1, Attachment E-1, Page 2 of 4 105 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 141R2 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: (SEE EXAMPLE) 2.0 DESIGN AND PERMITTING 2.1 Design and Permitting of the Restoration 3.0 CONSTRUCTION 3.1 Emergency Dune Nourishment- Orchid Beach 3.2 Emergency Dune Nourishment- Wabasso and Golden Sands 3.3 Hurricane Repair Construction DEP Agreement No. 14IR2, Amendment No, 1, Attachment E-1, Page 3 of 4 106 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV NAME OF PROJECT: INDIAN RIVER COUNTY HURRICANE REPAIR PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 14IR2 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the grant work plan. I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Date Signature of Project Financial Officer Date DEP Agreement No. 14IR2, Amendment No, 1, Attachment E-1, Page 4 of 4 107 September 29, 2014 Mr. Joe Baird, County Administrator Indian River County 1840 25th St Vero Beach, Florida 32960 Sheriff' Loar Indian River County RE: Notice of Request to be placed on the October 7, 2014 Board of County Commission Agenda Dear Mr. Baird, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the October 7, 2014 BCC agenda. Indian River County Sheriff's Office is applying for the Florida Traffic Safety Grant funded by the Florida Department of Transportation. This grant, if approved, will provide funds to equip 65% of our patrol vehicles with new ticket printers. This grant will also prepare our agency to submit traffic citations electronically. The total dollars earmarked for this grant is $77,745. The application, along with the Indian River County Finance Office grant form, is included with this request. Should you have any questions, please contact Planner, Amber Grier, at 772-978-6214. Thank you for your assistance. Sincerely, Deryl Loar, Sheriff Indian River County DUamg Enclosure cc: file 4055 41" Avenue, Vero Beach, Florida 32960 (772) 569-6700 www.iresheriff.org GRANT NAME: Florida Highway Safety Grant GRANT # AMOUNT OF GRANT: $77,745.00 DEPARTMENT RECEIVING GRANT: Indian River County Sheriff's Office CONTACT PERSON: Amber Grier, Planner TELEPHONE: 772-978-6214 1. How long is the grant for? One Year Starting Date: October 1, 2014 2. Does the grant require you to fund this function after the grant is over? X Yes No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant NONE 5. Grant match amount required NONE 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? X Yes If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $77,745.00 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 77,745.00 Signature of Preparer: _ Date: September 16, 2014 109 Grant Amount Other Match Costs Not Covered Match Total First Year $ 77 745.00 $ $ $77,745.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: _ Date: September 16, 2014 109 Rule 14-98.005, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 500-065-01 SAFETY 06/10 1 For D. O. T Use Only Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: IRCSO- Electronic Citations & Traffic Records Implementation 2. Type of Application: ►/ Initial ❑ Continuation to 9/30/2015 3. Requested Subgrant Period: 10/1/2014 4. Support Matching Total Sought: $77,745.00 Share: $0.00 Budget: $77,745.00 5. Applicant Agency (Subgrantee): Indian River County Sheriffs Office 4055 41st Avenue Vero Beach, FL 32960 Telephone: (772 ) 569 - 6700 6. Implementing Agency: Indian River County Sheriffs Office 4055 41st Avenue Vero Beach, FL 32960 Telephone: (772 ) 569 - 6700 7. Federal ID Number: 59-6000677 8. State FLAIR Number(State Agencies) 9. Chief Financial Officer: Kelly Goodwin, Comptroller 4055 41St Avenue Vero Beach, FL 32960 Telephone Number: (772 ) 978 - 6146 10. Project Amber Grier, 4055 41St Avenue Vero Beach, Telephone Number: Fax Number: E -Mail Address: Director: Planner/Grant Manager FL 32960 (772 ) 978 - 6214 Fax Number: (772 ) 569 - 8744 (772 ) 567 - 9755 E -Mail Address: kgoodwin@iresheriff.org agrier@iresheriff.org Subgrant funds provided by the U.S. Department of Transportation, Catalog of Federal Domestic Assistance Number — 20.616, through the Florida Department of Transportation. The Dun and Number for the Florida Department of Transportation is 80-939-7102. resources awarded pursuant to this agreement are: Activities Allowed Earmarking and Reporting. National Highway Traffic Safety Administration, National Priority Safety Program , Bradstreet Data Universal Numbering System (DUNS) Compliance requirements applicable to the federal or Unallowed, Matching, Level of Effort, 1 110 Rule H-98.005, F.A.C. Part II: PROJECT PLAN AND SUPPORTING DATA 500-065-01 SAFETY 06/10 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. Statement of Problem: The mission statement for the Indian River County Sheriffs Office is to "protect the community, prevent crimes, and solve problems". The agency relies on a sufficient records management system and efficient technology in order to achieve these objectives for traffic related offenses. Implementing and automating an effective electronic citation records management system is a significant priority for the Indian River County Sheriffs Office. Limited funding has impeded the ability to secure traffic related technology. Use of this technology would assist in reversing the downward trend in the issuance of citations and the increase in injury crashes. # OF UNIFORM YEAR TRAFFIC CITATIONS ISSUED PERCENTAGE CHANGE 2009 8848 2010 6745 (23%) 2011 6378 (5%) 2012 4844 (24%) 2013 5427 11% (FLHSMV, Annual Uniform Traffic Citation Statistics, 2009-2012) On average, deputies spend 15-20 minutes on a traffic stop when a citation is issued which considerably reduces the availability of deputies to increase traffic enforcement in areas of concern and heightens concerns to officer safety. During a traffic stop, deputies are consistently taking their eyes off the occpant(s) and the vehicle they have stopped. A research study conducted by the US National Library of Medicine, concluded that aggressive traffic enforcement significantly decreases motor -vehicle crashes, crash fatalities, and decreases injury seventy (Aggressive traffic enforcement: a simple and effective injury prevention program, 2006). According to the FY2014 FDOT Highway Safety Matrix- Ranking of Florida Counties Report (based on fatal and injury crashes during 2008-2012) Indian River ranks 3rd out of 18 counties (Group 2- Population 50,001 - 200,00) in the highest total fatal and injury crashes; an increased ranking from 5th in the 2007-2011 reporting. Indian River County ranks 2nd in the highest number of motorcycle fatal and injury crashes for both ranking reports. The National Highway Traffic Safety Administration evaluates the quality of state traffic records systems using 61 model performance measures. Measurements for citation/adjudication databases include: timeliness, accuracy, completeness, uniformity, integration, and accessibility. Though not formally documented at this time, measurements of accuracy and timeliness are substantially impacted by the 93% of employees in the Patrol and Traffic Units combined who issue handwritten citations. In 2013, for a variety of reasons to include legibility, lack of completeness and difficulty in verifying information, 13% of the citations received by the Central Records Unit were not able to be entered in the records management system within five (5) business days. Proposed Solution: By outfitting all of the Traffic Unit and 65% of deputies assigned to the Patrol Unit (71 deputies) with ticket printers, this will increase productivity, the availability of deputies to enforce traffic laws, reduce the average amount of time required to issue citations, improve officer safety, and therefore reduce the number of traffic crashes in our county. The electronic 2 111 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected o result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. citiation project would significantly impact our agency's ability to improve data quality through timeliness and accuracy of citation reports. Our agency plans on implementing the electronic citation solution in three phases which will afford us the opportunity to thoroughly and pragmatically develop the quality of our traffic records management system. Phase I- In the first phase of the funding period, the primary focus areas for this phase will be dedicated to implementing the performance measures: timeliness, accuracy, and accessibility. This will include equipping all of the Traffic Unit with their devices/ticket printers and 25% of Patrol deputies receiving the new tickets printers during the first quarter of the funding period. The Central Records Unit will develop a protocol to document the mean number of days from the the date of citation issuance to the date the citation is entered into the records management system (RMS). This unit will also develop a protocol to document the type, source, and frequency of errors in critical data; and create a protocol to access all information electronically. Currently, no existing benchmarks exist for these performance measures. This information will provide clear insight into areas of concerns and allow staff to resolve any problems with functionality or technical difficulties in the process. Phase II- The second phase of the project will consist of the second and third quarter of the funding period. The primary focus area for this phase will be dedicated to developing the performance areas of timeliness, accuracy, and accessibility. During this timeframe, the Central Records Unit will work very closely with the Traffic and Patrol Sections in order to identify any performance issues with the hardware, improving efficiency of data -entry from field units, and reviewing all • data metrics from the previous phase. Our agency will equip an additional 25%-50% of Patrol deputies that will receive the new ticket printers. We will quantitatively verify that the reduction in the amount of employee's handwriting citations has increased our agencies local measurements in accuracy and timeliness by analyzing data from the RMS and the implemented protocols. This will afford our agency with the ability to explore our accessibility measures on the local and state level. Phase III- In the final phase of the funding period, our agency will equip the remaining Patrol deputies receiving the new ticket printers during the fourth quarter. The focus area for this phase would be to refine the areas of accuracy, timeliness, and accessibility; and improve our existing benchmarks in the areas of completeness, uniformity, and integrations. We will continue compiling the necessary data from Phases I and II and begin researching the impact the solution has had on traffic crashes in the county. Throughout the remainder of the funding period, our agency will continue documenting and monitoring data metrics and make adjustments to the process as necessary. Objectives: • To implement and automate an electronic citation records management solution by September 30, 2015. • Reduce the number of handwritten citations by 65% by September 30, 2015. • Achieve at least 50% of traffic citations being directly ingested into the RMS database with 48 hours, during the first 3 months of full implementation. • Improve the performance measure benchmarks of completeness and uniformity, and achieve the goal of 95% completely uniform records through continuous training. • Document the number of traffic crashes and citations submitted electronically. "n • Improve the performance measure benchmark of integrations by no longer scanning hand-written citations into an 3 112 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. independent document management system and ensuring our RMS data will be readily available to Zink with other core traffic databases by year-end 2015. • To increase the output of citations issued by deputies assigned to the Traffic and Patrol Units in the agency by 15% by September 30, 2015. • To improve efficiency in data entry and reduce the average number of days citations are not entered into the records management system within 5 business days by 50% by September 30, 2015. • To reduce the average amount of time required to issue citations by 5% by September 30, 2015. • To decrease the agencies ranking in total/motorcycle fatal and injury crashes by September 30, 2016. Evaluation: * Record the number of electronic citations issued and document improvements in timeliness and accuracy. * Record the number of handwritten citations issued and document errors/problems in timeliness and accuracy. * Record the frequency and type of errors when citations are received by Central Records personnel. * Document the number of traffic crashes and citations submitted electronically. * Conduct pre and post quarterly reports on the data complied from each reporting method. * Conduct an annual report on results of improvements in timeliness, accuracy and accessibility; and document any major milestones in the areas of completeness, uniformity, and intergration. 4 113 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 Milestones Timetable for Milestones 1" Quarter 2"° Quarter 3`" Quarter 4'" Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Develop a protocol to document citation reporting errors and deficiencies in timeliness. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ►�I Request quotes for all requested equipment. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ �� Develop a list of deptuies that will receive the new equipment and create a schedule for installation at Fleet/Garage. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ .I Begin purchasing equipment, to include at least: 20 ticket printers and warranties, 20 printer mounts, and 20 cases of paper. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ►,I Schedule and train all personnel in the Traffic Unit and at least 25 Patrol Deputies that will receive the new ,.quipment on new implementation procedures. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Train at least 50% of the Central Records Unit personnel (6 employees) on the new implementation procedures ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 Asset and install all equipment purchased. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ �� Have 17% of citations being electronically ingested into the RMS (18 users) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ [❑ ►4 Refine the protocol to document citation reporting errors and deficiencies in timeliness (if applicable). ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ... Train remaining Central Records Unit personnel (6 employees) and at least 25 Patrol Deputies on new implementation procedures. ❑ ❑ ❑ I ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 5 114 Rule 14.98.005, F.A.C. Purchase equipment, to include at least: 20 ticket printers, 20 printer mounts, and 20 cases of paper. Install all equipment purchased. Have 33% of citations being electronically ingrested into the RMS (36 users). Purchase remaining equipment, to include up to 30 ticket printers, 30 printer mounts, and 30 cases of paper. Train remaining patrol deputies on new implementation procedures. Evaluate protocol to document citation reporting erros and deficiencies in timeliness, and adjust where necessary. Install all equipment purchased. Have 65% of citations being electronically ingested into the RMS (71 users). 0 111 0 0 ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ 0 0 0 0 0 ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ IZI 0 0 ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ 0 0 0 ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑ ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ 0 0 0 0 0 0 500-065-01 SAFETY 06110 ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 6 115 Rule 14-98.005. F.A.C. Part III: PROJECT DETAIL BUDGET 500-065-01 SAFETY 06/10 Project Title: IRCSO- Electronic Citations & Traffic Safety Records Implementation Project Number: Contract Number: Each budget category subtotal listed below cannot be exceeded. All individual line item costs are estimates, and the State Safety Office may approve monetary shifts between line items, not to exceed the subtotal of each budget category. BUDGET CATEGORY TOTAL FEDERAL FUNDING NON-FEDERAL STATE LOCAL A. Personnel Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 B. Contractual Services 000000 69-69EAEA4943 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $o $o $o Subtotal $ 0 $ 0 $ 0 C. Expenses Ticket Printers and installation $73,841 $73,841 $0 $0 Ticket Printer Paper $3,904 $3,904 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $77,745 $77,745 $ 0 $ 0 Budget Modification Number: Effective Date: 7 116 Rule 14-98.005, F.A C Part III: PROJECT DETAIL BUDGET 500-065-01 SAFETY 06/10 Project Title: IRCSO- Electronic Citations & Traffic Records Implementation Project Number: Contract Number: Each budget category subtotal listed below cannot be exceeded. All individual line item costs are estimates, and the State Safety Office may approve monetary shifts between line items, not to exceed the subtotal of each budget category. BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL D. Operating Capital Outlay $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 so $0 so $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 Total Cost of Project $77,745 $77,745 $ 0 $ 0 Budget Modification Number: Effective Date: 8 117 Rule 14-98.005, F.A.C. BUDGET NARRATIVE 500-065-01 SAFETY 06/10 Project Title: IRCSO- Electronic Citations & Traffic Records Implementation Project Number: Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Expenses: Ticket Printers and installation: the purchase of ticket printers, warranties, mounts and required periperhals to adhere ticket printers to patrol vehicles and motorcycles $73,841 Ticket Printer Paper: Premium heavy duty thermal paper for ticket printers $3,904 Includes shipping costs for all items. Budget Modification Number: Effective Date: 9 118 Rule 14-98.005, F.A.C. Part IV: REPORTS 500-065-01 SAFETY 06/10 Quarterly Progress Report Narrative for the quarter. Project Title: IRCSO- Electronic Citations & Traffic Records Implementation Project Number: Implementing Agency: Indian River County Sheriffs Office Project Director: Amber Grier Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. 10 119 Rule 14-98.005, F.A.C. QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. 500-065-01 SAFETY 06/10 Project Title: IRCSO- Electronic Citations & Traffic Records Implementation Project Number: Implementing Agency: Indian River County Sheriffs Officer Project Director: Amber Grier Performance Indicators Milestones Accomplished Quarter Ending December 31 Quarter Ending March 31 Six -Month Totals Quarter Ending June 30 Quarter Ending September 30 Project Totals Ticket printers ordered 0 0 Tticket printers installed 0 0 Number of personnel in the Central Records Unit trained 0 0 Number of personnel in the Traffic and Patrol Sections trained 0 0 Number of traffic crashes submitted electronically 0 0 Number of citations and written warnings submitted electronically 0 0 0 0 0 0 0 0 11 120 Rule 14-98.005, F.A C. Final Narrative Report 500-065-01 SAFETY 06/10 Project Title: IRCSO- Electronic Citations & Traffic Records Implementation Project Number: Implementing Agency: Indian River County Sheriffs Office Project Director: Amber Grier The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 12 121 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 Part V: Acceptance and Agreement conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30, and July 1 - September 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the end of each quarter (January 31, April 30, July 31, and October 31) if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; 2 C.F.R. 225 (OMB Circular A-87), Cost Principles for State, Local, and Indian Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non -Profit Organizations, hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 13 122 Rule 14-98.005, F.A.C. All contractual service agreements shall include as a minimum the following information: Beginning and end dates of the agreement (not to exceed the grant period); Total contract amount; Scope of work/Services to be provided; Budget/Cost Analysis; and Method of compensation/Payment Schedule. 500-065-01 SAFETY 06/10 All contractual service agreements shall contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. All invoices for contractual services shall contain the following certification statement and must be signed by the contractor: All costs are true and valid costs incurred in accordance with the agreement. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance with the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out -of -grant -specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $150 per day that are to be reimbursed. Rates exceeding $150 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $150. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall be in the form of a written request signed by the Authorized Representative of the Subgrantee or the Administrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied. Delegations of signature authority will not be accepted for modification requests. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug -Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing �,, 14 123 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06!10 agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60 -day period, but only by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), and the Chief Financial Officer and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by OMB 15 124 Rule 14-98.005, F.A.C. Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. 500-065-01 SAFETY 06/10 The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fsaa.state.fl.us. Recipients of federal funds (i.e. state, or local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the subgrantee expends $500,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. 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 subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee 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 subgrantee 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 funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Florida Department of Transportation 605 Suwannee Street, MS -17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. In the event that a copy of the reporting package for an audit required by this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of the following: 16 125 Rule 14-98.005, F.A.C. Florida Department of Transportation 605 Suwannee Street, MS -17 Tallahassee, FL 32399-0450 500-065-01 SAFETY 06/10 In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the subgrantee shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued to the auditor, to the Department at each of the following addresses: Florida Department of Transportation 605 Suwannee Street, MS -17 Tallahassee, FL 32399-0450 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The subgrantee shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non -Expendable Property Accountability Record (FDOT Form No. 500- 065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. All requests for reimbursement shall be signed by an Authorized Representative of the Subgrantee or the Administrator of the Implementing Agency, or their delegate. A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30 -day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: 17 126 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: 18 127 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et 19 128 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. Personnel hired under the grant shall not hold the position of Project Director. The State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement or equipment purchased with grant funds meet the requirements as specified by the subgrant. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providingfraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. 37. Certification for Equipment Costing More than $1,000 per Item. The head of any implementing agency purchasing equipment costing more than $1,000 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment that is damaged, stolen, or lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. 20 129 Rule 14.98.005, F.A.C. 500-065-01 SAFETY 06/10 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. 39. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Buy America Act. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act (23 U.S.C. 313 et seq) herein incorporated by reference. The subgrantee shall include the Buy America provisions in all subcontract awards. 41. Special Conditions. E- VERIFY Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 21 130 Rule 14-98.005, F.A C. PROJECT NUMBER: 500-065-01 SAFETY 06/10 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBGRANTEE Indian River County Sheriffs Office (For DOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name of Applicant Typed ,, By: / I �!" ` ignature of Authorized Representative Deryl Loar Title: Authorized Representative's Name Typed Title: Sheriff of Indian River County Date: Date: 9/29/2014 Attest: Attest: 1.iA.;4.-N FEDERAL FUNDS ALLOCATED Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY By: /01114-/d. /7 Reviewed for the Department of Transportation: By: Signa re cf Administrator James Harpring Attorney - DOT Date: Administrator's Name Typed Title: Major, Bureau of Administration NOTE: No whiteout or erasures accepted on this signature page. 22 131 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ' 1'11131.1C' 111;ARIN(i Pl) R1 7ONIN(i (;)14151-J1 iD1('IAI. TO: FROM: DATE: SUBJECT: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: V4,& 1S -c7 Stan Boling, AICP; C nity Development Director John W. McCoy, AICP SO Chief, Current Development P September 23, 2014 Harmony Reserve, LLC's Request to Rezone Approximately 122.06 Acres from RS -3, Residential Single -Family (up to 3 units/acre), to PD, Planned Development Residential, and to Obtain Conceptual PD Plan Approval for a Project to be known as Harmony Reserve [PD -14-06-05/97080101-72309) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its meeting of October 7, 2014. DESCRIPTION & CONDITIONS: This is a request by Harmony Reserve, LLC, through its agent Schulke, Bittle & Stoddard, LLC, to rezone approximately 122.06 acres. All of the project's acreage is currently zoned RS -3, Residential Single -Family (up to 3 units/acre). As part of the rezoning request, a conceptual PD plan has been submitted for review and approval. The subject site is located west of 58th Avenue, between 37th Street on the north and 33rd Street on the south. The purpose of this request is to secure a zoning which allows construction of single-family homes and multi -family units with a project density of 3.26 units/acre. Planning and Zoning Commission Action: At its meeting of August 28, 2014, the Planning & Zoning Commission voted 6-0 to recommend approval including two additional conditions to address concerns raised during the public hearing. The concerns related to construction traffic on 37th Street and the phased clearing of the site. The Planning & Zoning Commission's recommendation included a condition that construction traffic on 37th Street be required to come from the west (66th Avenue) and a condition that the site be cleared in phases in order to limit open, unbuffered areas during development (see attachment #3). The Board is now to consider the request and approve, approve with conditions or deny the request. • Development Approval Options Available to the Developer Although the site is designated L-2, Low Density residential up to 6 units/acre, it is currently zoned RS -3 Single-family Residential up to 3 units/acre. Because the applicant wishes to develop the site F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 1 132 at a density of more than 3 units per acre, and wishes to develop a number of attached units and lots with reduced sizes and setbacks, the applicant must apply to rezone the property to a district that allows the project and is consistent with the site's L-2 designation. There are two options available to the developer to seek approval of the proposed project. Either of the two options, if approved, would allow the applicant to proceed with the desired residential project. The options are as follows: 1. Rezone the property to a conventional zoning district, such as RM -4, RS -6 or RM -6, then seek PD special exception use approval for the proposed development with lot size and setback waivers, or 2. Rezone the site to a PD zoning district that allows the proposed PD plan at a density not exceeding the site's underlying land use designation maximum density. The developer has opted to apply for a PD rezoning (option #2 above). If the subject application is approved, the site will be rezoned to PD and will be governed by an approved Harmony Reserve conceptual PD plan. • The PD Zoning District, Generally A number of residential projects have been approved through the PD rezoning process. These include Pointe West, Old Orchid, Woodfield, Waterway Village, and Citrus Springs. Unlike standard zoning districts, PD districts have no prescribed limits regarding lot size or dimensional criteria. Instead, the PD district is based on the underlying land use plan designation for density and use limitations, and on PD compatibility requirements regarding lot sizes and setbacks. In the PD zoning district, setbacks and other typical zoning district regulations are established on a project -by -project basis through approval of a conceptual PD plan. Adopted as part of the PD zoning for a property, the conceptual plan establishes the unit arrangement, lot size, and dimensional standards for the project. A rezoning to the PD district requires submission of a binding conceptual PD plan which, along with certain PD district requirements, limits uses and sets -forth specific development standards on the site. Thus, a PD rezoning allows a unique PD district to be developed specifically for each development site. In this case, the conceptual PD plan proposes the phased development of 301 single-family lots and 96 multi -family units (397 units total), as well as a clubhouse, recreation area, and various preservation areas. The applicant is proposing an amenitized, age restricted (55 plus) community. In planning staff's opinion, the PD rezoning option is an appropriate mechanism for approving residential development on the subject site. Unlike other zoning districts, the PD zoning district allows the county to consider the appropriateness of the proposed development design and project benefits as part of the rezoning request. • The PD Rezoning Process The PD rezoning review, approval, and development process is as follows: STEP 1 Rezoning and conceptual PD plan approval: review and recommendation made by staff and by the PZC. Final action taken by the Board. F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 2 133 STEP 2 Preliminary PD plan (combination of site plan and preliminary plat) approval: review and recommendation made by staff. Final action taken by the PZC, subject to the Board's action on the rezoning request. STEP 3 Land Development Permit or Permit Waiver: reviewed and issued by staff for construction of subdivision improvements (roads, utilities, drainage). STEP 4 Building Permit(s): reviewed and issued by staff for construction of buildings. STEP 5 Final PD Plat approval: review and recommendation made by staff. Final action taken by the Board. STEP 6 Certificate of Occupancy: issued by staff (after inspections) for use and occupancy of buildings. With this application the developer is pursuing STEP 1 of the process. Once a PD conceptual plan is approved, only minor modifications to the conceptual plan may be approved at a staff level. Any changes proposed to an approved conceptual plan that would reduce setbacks, intensify the site use (e.g. increase the maximum number of lots), or reduce compatibility elements (e.g. reduce buffering) may be approved only via a process involving public hearings held by both the PZC and the Board. • Proposed PD District for the Project Site The subject site has an L-2 land use designation. Since the land use designation controls the use of the property by limiting the zoning districts applicable to the property, any rezoning must be compatible with the uses and densities allowed by the property's land use designation. Once a specific PD rezoning is approved for a site, the applicable PD conceptual plan adopted as part of the rezoning will limit the type of specific uses and the densities allowed on the subject site. The conceptual plan will also establish the dimensional criteria applicable to the site. Although PD zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, dimensional criteria, and open space areas are set forth in Chapter 915 (P.D. Process and Standards for Development ordinance) of the county's land development regulations (LDRs). COMPARISON: RS -3 AND PROPOSED PD DISTRICT Development Parameters/Waivers RS -3 Proposed PD District Number of Lots -- 157 144 96 Minimum Lot Size 12,000 sq. ft. 6,200 sq. ft. 8,000 sq. ft. 3,168 sq. ft. Minimum Lot Width 80' 50' 65' 32' (multi -family villas) Minimum Yard Setbacks: Front: Living Area 25' 20' 20' 15' Front: Front -Loaded Garage 25' 25' 25' 15' F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 3 134 Front: Porch 25' 13' 13' 13' Front: Side -Loaded Garage 25' 13' 13' 13' Side 15' 5' 7.5' 5' / 0' (CW) Rear 25' 20' 20' 5' Pool/Pool Enclosure Setbacks: Front 25' 20' 20' 5' Side 15' 5' 7.5' 5' Rear 10' 10' 10' 5' Patio and Deck Setbacks: Front 5' 13' 13' 13' Side 5' 5' 7.5' 5' Rear 5' 5' 5' 5' Maximum building coverage per lot 30% 50% (SF lots) / 70% (multi -family villas) Maximum impervious area per lot 60% 80% (SF lots) / 100% (multi -family villas) Minimum open space per lot 40% 20% (SF lots) / 0% (multi -family villas) Minimum open space project -wide 40% each lot 45% entire site: lots and common areas Minimum street right-of-way width 50' 42' with parallel 5' wide utility easements on each side (10' total) Note: Note: CW = Common wall setback is 0' The applicant may swap two single-family lots for a villa (2 units) at the model center, with total unit count remaining at 397 units. Note: All perimeter lots have a 20' rear yard setback in addition to proposed perimeter buffer tracts (25' — 60' wide). Also proposed: • A reduction in the standard roadside planting area width from 6' to 4', subject to Public Works review and approval during the land development permit process. USE TABLE RS -3 District Uses PROPOSED PD DISTRICT USES Single -Family detached units, accessory dwelling units, places of worship, childcare, recreational uses, and other uses as listed in LDR section 911.07. Single-family and multi -family residential units and accessory recreational uses. It should be noted that, if the PD rezoning is approved, the approved conceptual PD plan will be included as an actual exhibit to the rezoning ordinance. In addition to the above referenced project standards, the conceptual PD plan also regulates buffering, certain design improvements, and the overall subdivision layout. As proposed, the zoning ordinance includes a 7 -year reverter to RS -3, Residential Single -Family (up to 3 units/acre), the site's current zoning which is consistent with the adjacent neighborhoods. As structured, the proposed rezoning ordinance reverter provides that if no project development commences within 7 -years from the date of PD approval, that approval will expire and the entire property zoning will revert to the RS -3 district. F:\Community Development \CurDev\BCC\2014 BCC \HarmonyReservePD-14-06-05ConcepRpt.rtf 4 135 REZONING ANALYSIS: The project's 122.06 acres consist mostly of native upland habitat and wetlands. The wetlands are primarily located in the southern half of the site with a couple of scattered and isolated wetlands located in the northern and western portions of the site. • South of the subject site is 33`d Street (currently a paved two lane road). The area south of 33`d Street is primarily developed as single family with a mixture of large lots and conventional RS -3 lots. • East of the subject site is Shadow Brook Subdivision and 58th Avenue. Shadow Brook is a large lot single family subdivision platted in 1975. Across 58th Avenue, the area is zoned RS -6 and developed as single-family lots. Further to the east and southeast there is a large property that lies within the City of Vero Beach and is currently zoned Master Plan Zone. • North of the subject site there are three enclave parcels located south of 37th Street that the project wraps around. One of the parcels is zoned RS -3, while the other two parcels (former Alcohope residential treatment facility) are zoned RM -6 with a portion of one parcel zoned RS -3. All three enclave parcels are residentially developed. To the north, across 37th Street, the property is zoned RS -3 and typically developed as large lot single-family sites. • West of the south half of the subject site is the Sanctuary PD, which is a 109 lot single-family development platted in 1998 with 55' wide and 80' wide lots. Adjacent to the north half of the subject site is a vacant parcel approximately 40 acres in size which is zoned RS -3. As is standard for residential PDs, the Harmony Reserve development will have a minimum 25' building setback from all project perimeters. Consistency with the Comprehensive Plan Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. Consistency with goals, objectives, and policies is also essential. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which 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 related 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 the following policies and objectives. • Future Land Use Policies 5.3 and 5.4 Policy 5.3: Indian River County zoning districts shall permit a variety of residential building and development styles. Policy 5.5: Indian River County LDRs shall contain a special Planned Development (PD) zoning district. That district shall be designated as an overlay on the County Zoning Atlas. The PD zoning district is intended to provide for the development of projects which require flexibility in order to F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 5 136 maximize open space, conserve natural features, provide alternative designs, incorporate recreational facilities, create a mix of uses, and provide a variety of housing choices. The proposed PD district is consistent with these policies because the Harmony Reserve PD plan proposes a mixture of residential building types with significant common open space. In addition, the PD plan uses the flexibility provided by the PD process to provide a mix of housing units while still preserving significant environmental features of the site. • Future Land Use Element Policies 1.11 and 1.12 Future Land Use Element Policy 1.12 states that the L-1, Low Density Residential 1, and L-2, Low Density 2, land use designations are intended for residential uses with densities up to 3 and 6 units/acre, respectively. In addition, Future Land Use Element Policy 1.11 states that these residential uses must be located within an existing or future urban service area. Because the subject property is located within an area designated as L-2 on the county's future land use plan map and is located within the county's urban service area, and because the proposed PD zoning district provides for residential uses that are less than 6 units/acre in accordance with the site's L-2 designation, the proposed request is consistent with Policies 1.11 and 1.12. While the referenced policies and objectives 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 plan policies and objectives. Based on that evaluation, staff determined the proposed PD district is consistent with the comprehensive plan. Concurrency A conditional concurrency certificate has been issued for the project. Concurrency is discussed in more detail in the PD Plan Analysis section of this staff report Compatibility Compatibility is an important consideration in any PD rezoning request. In this case, it is important to consider compatibility of the proposed project with properties in the immediate area and those within the general area. Immediate Area: The enclave parcels, Shadow Brook Subdivision, the Sanctuary PD and the vacant parcel north of the Sanctuary are directly adjacent to the proposed development. All other properties are separated by a road and/or canal right-of-way. All roads on the project perimeter are Thoroughfare Plan (major) roads. The separation provided by the major roads and/or canals enhances compatibility between the project and the properties that lie across the Thoroughfare Plan roads and/or canals. Specifically for compatibility with the properties that are immediately adjacent to the project site, the applicant proposes a native landscape buffer along the project perimeter. PD regulations require a minimum 25' wide Type "B" perimeter buffer. In this case, the applicant is proposing a minimum 60' wide Type "B" buffer adjacent to the Shadow Brook Subdivision which contains the largest lots of F:\Community Development\CurDev\BCC\2014 BCCU-IarmonyReservePD-14-06-05ConcepRpt.rtf 6 137 any immediately adjacent subdivision. Along the project's west perimeter, adjacent to the Sanctuary PD and the vacant parcel to the north, a minimum 50' wide Type "B" buffer is being proposed along the vacant parcel perimeter and minimum 55' wide buffer along The Sanctuary perimeter. Adjacent to the three enclave parcels, a 25' minimum Type "B" buffer is proposed, although the buffer is significantly wider than 25' in certain areas. In addition, the PD plan does not make use of the adjacent "59th Avenue" right-of-way which provides for an existing driveway from 37th Street to the southernmost enclave parcel. Instead, the PD plan provides a wooded buffer along that driveway and between two enclave parcels. In areas where project perimeters are adjacent to Thoroughfare Plan roads, a 25' wide (and wider) Type "B" buffer and/or native upland preservation tract is proposed. General Area: The site is located in central/eastern Indian River County in the 58th Avenue corridor. The area around the subject site has slowly developed over time, with much of the development in close proximity typical of large lot suburban style development as well as PD small lot development (e.g. The Sanctuary). Much of the large lot development was approved and constructed prior to the availability of public water and wastewater. More recently, developments like The Sanctuary and Woodfield PDs have been developed in the general area, at higher densities. The proposed Harmony Reserve development is consistent with those more recent PD projects. Environmental Impacts and Concurrency: These issues are evaluated in the analysis section of this report (see below), and have been adequately addressed. Conclusion: Subject to the conditions recommended at the end of this report, the requested PD rezoning and associated conceptual PD plan are compatible with the surrounding area, are consistent with the Comprehensive Plan, meet all concurrency requirements, and are consistent with the site's L-2 (Low Density 2 (up to 6 units/acre) land use designation and applicable LDRs, including PD regulations. PD Plan Analysis: 1. Size: 122.06 acres (gross) 1.96 acres (right-of-way dedications for 58th Ave, 33rd St, 37th St corner clip) 120.10 acres (net) 2. Zoning Classification: Current: RS -3, Residential Single -Family (up to 3 units/acre) Proposed: PD, Planned Development (up to 3.26 units/acre) 3. Land Use Designation: L-2, Low Density 2 (up to 6 units/acre) 4. Density: 397 units on 122.06 acres; 3.26 units/gross acre F:\Community Development \CurDev \BCC \20 1 4 BCC WarmonyReservePD- 1 4-06-05ConcepRpt.rtf 7 138 5. Open Space: Required: 40.0% Provided: 45.9% Note: Open space includes areas with private yards and common open space tracts (preservation areas, buffers). 6. Recreation Area: Required: 9.00 acres Provided: 10.78 acres Note: Recreation areas include a clubhouse and associated recreation tract, and conveniently accessible common open space areas including some preservation areas. 7. Phasing: The project is proposed to be constructed in 4 phases with each phase containing approximately 100 units per phase. Phase 1 will be located in the south central portion of the site, with phase 2 located to the west along the majority of the west perimeter. Phase 3 will include the north and west portion of the project, with phase 4 along the eastern portion of the project. A brief description of the phasing is as follows: • Phase 1 includes 70 single-family lots and 24 multi -family villa units, the 33rd Street entry and sidewalk, littoral zone and on-site wetland mitigation, a clubhouse and recreation site, and related stormwater management areas. • Phase 2 includes 61 single-family lots and 24 multi -family villa units, and related stormwater improvements. • Phase 3 includes 76 single-family lots and 24 multi -family villa units, and related stormwater improvements. • Phase 4 includes 94 single-family lots and 24 multi -family villa units, improvements to the 37th Street access, related stormwater improvements, and 58th Avenue sidewalk. 8. Environmental Issues: Uplands: Since the site is over 5 acres in size, the native upland set aside requirement of LDR section 929.05 applies. Native upland communities cover 92.05 acres of the 120.10 acre overall site, or 77% of the total site. The applicant is preserving 14.93 acres or 16.2% of the uplands. This exceeds the 15% minimum upland set-aside requirement. An easement will be established prior to or via the final plat for each respective phase. Wetlands: There are 8 relatively isolated wetlands on site, comprising a total of 16.10 acres. The majority of these wetlands (13.24 acres) will be impacted with 2.86 remaining acres enhanced and preserved as part of the project's required mitigation. The remainder of the project's required wetland mitigation will be provided off-site, in accordance with required environmental permits. F:\Community Development \CurDev\BCC\2014 BCCU-IarmonyReservePD-14-06-05ConcepRpt.rtf 8 139 Endangered Species: The environmental survey submitted for the project indicates the limited presence of gopher tortoises on the subject site. Prior to issuance of a land development permit for the first phase or any successive phase, the applicant will need to provide a gopher tortoise relocation permit or clearance letter from the Florida Fish and Wildlife Commission. In addition, the site has been identified as a possible wood stork (wading bird) foraging area. Mitigation for wading bird habitat is being addressed through on-site wetland preservation/enhancement and off-site mitigation, in accordance with required environmental permits. Land Clearing: One of the concerns expressed at the Planning & Zoning Commission public hearing related to the phased clearing of the site. The applicant indicated that the site will be cleared on a phased basis. Consistent with the PZC's recommendation, a condition has been incorporated into staffs recommendation that limits clearing to a phase by phase basis and requires the developer to obtain a separate land clearing and tree removal permit for each phase. 9. Concurrency Management: The applicant has obtained a conditional concurrency certificate for 397 units, which satisfies the requirement for rezoning and conceptual PD plan approval. 10. Stormwater Management: As with standard single-family subdivisions, a conceptual stormwater management plan is required prior to conceptual PD approval. For this project, a conceptual stormwater management plan has been approved by the Public Works Department. The stormwater system will consist of a series of interconnected lakes that collect, hold, and treat stormwater and then discharges the treated stormwater into the Indian River Farms canal located on the south side of 37th Street. A preliminary stormwater management plan will be reviewed and approved by Public Works with the preliminary PD. Review and approval of the final stormwater management plan will be accomplished through the land development permit review and approval process. 11. Thoroughfare Plan: The project has frontage on three Thoroughfare plan roads. These are: 33rd Street, 37th Street, and 58th Avenue. • 58th Avenue is classified as an urban arterial requiring 130' of ultimate right-of-way. Presently, 25' of right-of-way west of the section line (approximate roadway centerline) exists for 58th Avenue adjacent to the project site. The applicant proposes to dedicate without compensation an additional 40' to create 65' of right-of-way west of the section line, which is the applicant's portion of the 130' of ultimate right-of-way. The 40' of additional right-of-way is shown on the project's conceptual PD plan and must be dedicated to the County prior to issuance of the project's first land development permit. • 37th Street is classified as an urban arterial requiring 90' of ultimate right-of-way. Since the project is located on the south side of the sub -lateral canal that separates the site from 37th Street, no additional right-of-way is required for 37th Street with the exception of a 40' corner clip at the corner of 58th Avenue and 37th Street. The corner clip is shown on the conceptual PD plan and is to be dedicated to the County without compensation prior to issuance of the project's first land development permit. F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 9 140 • 33rd Street is classified as an urban collector requiring 90' of ultimate right-of-way. In this instance, Public Works has agreed to accept 80' of right-of-way, based on the development accommodating stormwater run-off for any future 33rd Street improvements. Presently, 60' of road right-of-way exists for 33rd Street, and the applicant has agreed to dedicate to the County stormwater management rights within the project site and 20' of additional right-of-way for 33rd Street ' without compensation. The right-of-way must be dedicated prior to the issuance of the project's first land development permit. 12. Traffic Circulation: The applicant proposes two gated access points to the project, one on 33rd Street and one on 37th Street. No connection to 58th Avenue is proposed. The 33rd Street driveway will be a full movement driveway that will align with 62"d Avenue, provide initial access to the development, and be served by a westbound right -turn lane. The access and turn lane will be constructed in the project's first phase. The 37th Street driveway will be located on the western portion of the project and will serve as a full movement driveway. This driveway will be improved at an interim level in phase 1 to serve as a construction access driveway during construction of phases 1 — 3, and then will be completely improved as a permanent project entrance in phase 4. An emergency access will need to be approved by Public Works and Emergency Services, and constructed prior to the issuance of a certificate of completion for phase 2. All streets are proposed to be private. All access points and the internal circulation has been approved by Public Works and Fire Prevention. A project traffic impact analysis (TIA) has been reviewed and approved by Traffic Engineering. Based on the development being an age restricted (55 plus) amenitized community, the traffic study used a trip rate similar to the rate used for the Waterway Village project (6 trips per day per residential unit). That reduced rate was applied instead of the standard trip rate used for conventional single-family homes (10 trips per unit). The 6 trips per unit trip rate used to evaluate Harmony Reserve was based on a review of trip data from actual 55 plus projects, including the Woodfield PD, plus a significant safety factor applied by Traffic Engineering. Because a reduced trip rate was used based on the proposed project being developed as a 55+ community with recreational amenities, staff's recommendation includes a condition that the developer register the project with the State of Florida as a 55+ community, and a condition that project amenities (community pool and clubhouse) be constructed prior to phase 2 of the project. Based on the TIA, the following off-site traffic improvements are required: 1. A westbound right -turn lane on 33rd Street at the project entrance (phase 1). 2. A westbound left -turn lane on 37th Street at the project entrance (phase 4). The westbound left -turn lane on 37th Street in phase 4 is subject to an option for the developer to re -analyze the turn lane warrant prior to issuance of a land development permit for phase 4. Unless a re -analysis is approved by Public Works that documents that a westbound left -turn lane on 37th Street at the project entrance is not warranted, the turn lane must be constructed prior to issuance of a certificate of completion for phase 4. If a re -analysis approved by Public F:\Community Development \CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 10 141 Works demonstrates that the westbound turn lane is not warranted, then the turn lane improvement will not be required by the County. At the Planning & Zoning Commission public hearing, residents expressed concerns related to construction traffic (especially truck traffic) using 37th Street from the east, since such access could adversely affect turn movements at the 37t1i Street/58th Avenue intersection. The applicant indicated that he would direct heavy construction traffic using 37th Street to come from 66th Avenue (the west). Consistent with the PZC's recommendation, a condition has been incorporated into staff's recommendation that limits heavy construction traffic using 37th Street to access the project from the west (66th Avenue). 13. Utilities: Connection to public water and wastewater are required and proposed by the applicant. These utility provisions have been approved by the Health Department and the County Department of Utility Services. 14. Dedications and Improvements: The following dedications and improvements are required by the LDRs or have been provided through the PD process to adequately address vehicular and pedestrian traffic circulation regulations. Ultimate Road Right -of -Way for 33rd Street: As indicated earlier in this report, the applicant has agreed to dedicate an additional 20' of road right-of-way without compensation for 33rd Street. The dedication will need to occur prior issuance of the project's first LDP. Ultimate Road Right -of -Way for 58th Avenue: As indicated earlier in this report, the applicant has agreed to dedicate an additional 40' of right-of-way without compensation for 58th Avenue. The dedication will need to occur prior to issuance of the project's first LDP. Murphy Act Easement: The portions of the site adjacent to 58th Avenue and 37th Street are subject to Murphy Act easements for right-of-way. A Murphy Act easement is an easement for right-of-way established by the State through the 1937 Murphy Act, at a time when many current county roads were state roads. Based on that act, in the past, when properties were sold by the State for not paying taxes, an easement for road right-of-way was reserved. Murphy Act easements still exist along various segments of Thoroughfare Plan roads and may be used as road right-of-way. The property adjacent to 58th Avenue has a Murphy Act easement that extends beyond the limits of the Thoroughfare plan ultimate right-of-way for 58th Avenue. Along the project site's 37th Street frontage, there is a Murphy Act easement located on the south side of the Indian River Farms canal and none of that easement is needed for 37th Street ultimate right-of-way. Staff has no objection to releasing the entire 37th Street easement and the portion of the 58th Avenue easement not needed for the 58th Avenue ultimate right-of-way. The conceptual PD plan is designed based on the proposed easement releases. Prior to issuance of a land development permit, the applicant must obtain release of the entire 37th Street Murphy Act easement and the portion of the 58th Avenue Murphy Act easement that extends beyond the 58th Avenue ultimate right-of-way. F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 11 142 External Pedestrian Improvements: A five-foot wide sidewalk is required along the site's 58th Avenue frontage and an 8' sidewalk is required along the site's 33rd Street frontage. The sidewalks will need to be constructed or bonded -out prior to the issuance of a certificate of completion for the phase the sidewalk is included (phase 1 for 33rd Street and phase 3 for 58th Avenue), as approved by Public Works. Internal Pedestrian Improvements: The development will have sidewalks along both side of all streets. These sidewalks will provide an internal pedestrian system for the project, connecting individual lots, common areas, and the clubhouse/recreation tract to each other and to the external public sidewalk network. More sidewalk details will be provided with the preliminary PD plan, and sidewalks will be provided consistent with the provisions of the Chapter 913 subdivision regulations. Drainage for Thoroughfare Plan Roads: As part of the PD process, staff requested that the applicant provide drainage capacity in the project's stormwater system for the future widening of 58th Avenue and 33rd Street. The applicant has agreed in concept to provide drainage capacity for those future widening improvements. Drainage rights will need to be dedicated via the project's final plats. Recreation Improvements: The applicant is proposing a clubhouse, community pool, and recreation courts (tennis, pickle ball) to provide for project recreational improvements. To ensure that the proposed recreation improvements are provided early in project development, staff is recommending a condition requiring completion of the community pool and a clubhouse (minimum enclosed building area of 5,000 sq. ft.) prior to the issuance of a certificate of completion for phase 2. Enclave Parcels/Albrecht Acres: The three enclave parcels located in the northern part of the project site are part of Albrecht Acres, a subdivision which was platted in 1946 but never formally developed. The Harmony Reserve project will re -plat the vast majority of Albrecht Acres. Through the PD final plat process, the Harmony Reserve re -plats that affect portions of Albrecht Acres will need to be structured so as not to eliminate or interfere with any of the rights afforded by the original plat that provide for access and services to the enclave parcels. 15. Type of Homes: The applicant is proposing all single story homes, with a variety of architectural styles. In addition, the project lay -out intermixes 50' and 65' wide lots to provide a mix of unit types along all street segments. PD regulations found in section 915.14(5) provide a series of architectural and design guidelines for residential development designs in order to encourage unit variation and reduce visual monotony within the project. The applicant has submitted preliminary home designs to show how the PD "anti -monotony" criteria are met. Preliminary architectural building elevations and guidelines are attached (see attachment #4). Staffs determination is that the project's conceptual architectural guidelines meet applicable "anti -monotony" criteria. The applicant will be required to demonstrate that these criteria are met through the preliminary PD plan and future project submittals. Most project perimeters abut single -story residential development. To ensure compatibility with the surrounding area, the applicant has agreed and staff is recommending that all perimeter lots be restricted to one story homes. F:\Community Development\CurDev\BCC\2014 BCC\HannonyReservePD-14-06-05ConcepRpt.rtf 12 143 16. Landscape and Buffering Plan: The conceptual landscape plan meets the criteria of Chapter 926 for conceptual plan approval. Detailed landscape plans will be submitted with the land development permit plans and must be approved by staff prior to the issuance of a land development permit. A conceptual landscape plan has been provided (see attachment #6), and a Type "B" buffer is proposed around the perimeter of the entire development. The buffer is provided as native upland preservation area (minimum width of 50'), wetland mitigation area with vegetation, or more formal landscape buffers with a minimum 25' width. The 6' opaque feature required and provided around the project perimeter will vary between an all -vegetation barrier and a berm with vegetation. Berming will be avoided where fill would conflict with preserving existing native vegetation. Detailed plans for opaque features will be submitted with the land development permit plans. Public Benefits of the PD Plan For all PD projects, planning staff asks applicants to identify the public benefits that their project will provide above and beyond conventional development in exchange for the county approving reduced setbacks and other waivers from conventional standards. In this case, the project will provide substantial open space along 33rd Street and 37th Street, dedicate the ultimate right-of-way for 58th Avenue and 33rd Street, provide stormwater capacity for future improvements to adjacent roads, preserve native uplands in excess of LDR requirements, and provide enhanced perimeter buffers. To facilitate joint use of the project's stormwater system, the developer will grant an easement to the county for stormwater purposes. Use of the stormwater system will enable the county to design roadway projects within less right-of-way area, resulting in less right-of-way acquisition impacts on property owners in the future. Details of the easement and stormwater capacity provisions will be addressed through the preliminary PD plan and land development permit processes. In addition to the public benefits described above, the project is designed with internal benefits for project residents, including significant recreational facilities and comprehensive architectural controls. Conditions The applicant has agreed to the conditions included in staff's recommendation. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant approval of the PD rezoning request and the PD conceptual plan, subject to the following conditions: 1. Prior to issuance of the first land development permit, the applicant shall: a. Dedicate without compensation the ultimate road right-of-way for 33rd Street and 58th Avenue, including the 40' corner clip at 37th Street, as shown on the conceptual PD plan. F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 13 144 b. Obtain planning staff approval of detailed landscape and opaque feature plans for the common areas and perimeter buffers, as shown on the conceptual PD plan. c. Document that the site's drainage system has stormwater capacity to handle run-off from improvements to 33rd Street and 58th Avenue, in a manner acceptable to Public Works. d. Obtain release of the entire 37th Street Murphy Act easement, and obtain release of the portion of the 58th Avenue Murphy Act easement that lies outside of the ultimate right-of-way for 58th Avenue, consistent with the conceptual PD plan. e. Document that the project is registered with the State of Florida (Florida Commission on Human Relationships) as a 55 plus community ("housing for older persons") and that the developer maintain said registration and comply with applicable 55 plus community requirements of the state for the Harmony Reserve project. 2. Prior to issuance of a land development permit for any respective phase, the applicant shall: a. Provide a gopher tortoise relocation permit or clearance letter from the Florida Fish and Wildlife Commission for the affected phase. b. Provide documentation that wood stork (wading bird) mitigation is adequately addressed by obtaining a jurisdictional permit or clearance letter. 3. Prior to issuance of a certificate of completion for any project phase or sub -phase, the applicant shall construct required improvements such as sidewalks and buffers that are tied to that specific phase or sub -phase, or otherwise guarantee completion of the improvements as provided for in the LDRs. a. Prior to issuance of a certificate of completion for phase 1, a west bound right -turn lane shall be constructed on 33rd Street at the project's entrance. b. Prior to issuance of a certificate of completion for phase 4, a west bound left -turn lane shall be constructed on 37th Street at the project's entrance, unless a reanalysis is approved by Public Works that demonstrates that the left -turn lane is not warranted. 4. Prior to issuance of a certificate of completion for phase 2, the applicant shall: a. Complete a community pool and a clubhouse (minimum enclosed building area of 5,000 sq. ft.). b. Obtain approval from Public Works and Emergency Services for an emergency access and complete construction of that emergency access. F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 14 145 5. Prior to or via the final plat process, the applicant shall establish conservation easements over existing native upland and wetland areas, as shown on the conceptual PD plan. 6. Via the final plats for the portions of the project that are adjacent to 33rd Street and 58th Avenue, the applicant shall dedicate drainage easements to the County to accommodate stormwater run-off treatment for improvements to 33rd Street and 58th Avenue. 7. The Harmony Reserve project site shall revert to its original RS -3 zoning if project construction has not commenced within 7 years of the date of the conceptual PD plan and PD rezoning approval. 8. Lots on the project perimeter shall be restricted to one story homes. 9. Via the PD final plat process, the Harmony Reserve re -plats that affect any portion of Albrecht Acres shall be structured so as not to eliminate or interfere with any of the rights afforded by the Albrecht Acres plat that provide for access and services to the enclave parcels. 10. The site shall be cleared on a phase by phase basis and the developer shall obtain a separate land clearing and tree removal permit for each phase and associated land development permit, prior to clearing. 11. Heavy construction traffic using 37th Street shall be limited to access from the west (66th Avenue). ATTACHMENTS: 1. Application 2. Location Map 3. Approved Minutes from the August 14th & 28th, 2014 PZC Meetings 4. Rezoning Ordinance 5. Traffic Summary 6. Section 915.13(5) PD Design Guidelines & Conceptual Architectural Elevations 7. 55+ Community State Program Criteria 8. Conceptual Color Renderings 9. Conceptual PD Plan, Landscape Plan with Aerial Sections, and Aerial APPROVED AGENDA ITEM: FOR: October 7, 2014 BY: Indian River Co, Approved Date Admin. 1��� )lef / Legal 0.-�(- rt. 1 Budget , ` 14 Dept. `i 2,g/it/ Risk Mgr. - . F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 15 146 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & Preliminary PD: Preliminary Planned Development: Final Planned Development: Note: For a PD rezoning please use the appropriate rezoning application. PROJECT NAME: Harmony Reserve X Plan Number: PD- l 06D -05 Project #: 9f10 YD JD/ — 17-19.30F PROPERTY OWNER: (PLEASE PRINT) APPLICANT (PLEASE PRINT) Harmony Reserve, LLC c/o Toby Hill Same as Owner NAME NAME 5070 N. Highway A -1-A, Suite C-1 ADDRESS ADDRESS Vero Beach, FL. 32963 CITY, STATE, ZIP CITY, STATE, ZIP 772-999-3494 PHONE NUMBER PHONE NUMBER chuck@insitesolutions.biz EMAIL ADDRESS EMAIL ADDRESS Chuck Mechling CONTACT PERSON CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) AGENT (PLEASE PRINT) Schulke, Bittle, & Stoddard, LLC NAME NAME 1717 Indian River Blvd, Suite 201 ADDRESS ADDRESS Vero Beach, FL. 32960 CITY, STATE, ZIP CITY, STATE, ZIP 772-770-9622 PHONE NUMBER PHONE NUMBER jbittle'sbsengineers.com EMAIL ADDRESS EMAIL ADDRESS Jodah B. Bittle, P.E. CONTACT PERSON CONTACT PERSON SIGN RE OF OWNER OR AGENT F:\Community Dcvelopmcnt\Users\CurDev\Applicalions\PDAPP.doc Revised January 2011 Page 1 of ATTACHMENT 1 147 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: See attached Tax ID Numbers PROPERTY CLASSIFICATION(S): Land Use Designation Zoning District Acreage L-2 RS -3 122.06 TOTAL PROJECT ACREAGE: 120.12 (122.06 before RNVdedication) EXISTING SITE USE(S): Undeveloped PROPOSED SITE USE(S) AND INTENSITY (e.g. # of units, square feet by use): 301 Single Family Units, 96 Multi -family units, Total of 397 Units plus clubhouse facilty ** PLEASE COMPLETE THE SUBMITTAL CHECKLIST ** The following items must be attached to the application: X X If the applicant is other than the owner(s), a sworn statement of authorization from the owner; Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; X Two copies of the owner's recorded warranty deed; X A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptual PD Special Exception less than 20 acres 20-40 acres over 40 acres Preliminary PD Plan less than 20 acres 20-40 acres over 40 acres $ 2075.00 2475.00 2575.00 $ 1150.00 1250.00 1300.00 Final PD Plans $ 1400.00 + 100.00 for each additional 25 acres over 40 acres + 50.00 for each additional 25 acres over 40 acres For concurrent application fees combine the appropriate fees and subtract $400.00. F:\Community Development\ Users\CurDcv\Applications\PDA PP.doc Revised January 2011 Page 2 of 3 ATTACHMENT 1y X X N/A X Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. 2 Aerials for conceptual or preliminary PDs Itemized response to pre -application for conceptual or concurrent applications 2 sealed surveys 3 sets of floor plans and elevation for commercial or multi -family buildings Written Statement and Photograph of Posted Sign For Final Plat's only CONSTRUCTION COMPLETE - BUILT OUT: (A) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: (B) Original Engineer's Certified Cost for Improvements (Signed and Sealed) OR CONSTRUCTION INCOMPLETE - BONDING OUT: (A) Original Engineer's Certified Cost Estimate for Improvements (Signed and Sealed) COPIES OF DOCUMENTS TO BE RECORDED WITH THE FINAL PLAT: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None b. Property Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required F:\Community Development\Users\CurDev\Applications \PDAPP.doc Revised January 2011 Page 3 of 3 ATTACHMENT 1 149 APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned 1312ject Number: RZON - q'7D 8 010 / -- 7a= 3 6 Current Owner Applicant (Contract Purchaser) Agent Name: Harmony Reserve, LLC c/o Toby Hill Same as Owner Schulke, Bittle & Stoddard, LLC Complete Mailing Address: 5070 N. Highway A -1-A, Suite Vero Beach, FL 32963 C-1 1717 Indian River Blvd, Ste 201 Vero Beach, FL 32960 Phone #: (including area code) (772) 999-3494 _ 772-770-9622 Fax #: (including area code) N/A 772-770-9496 E -Mail: _chuck©lnsitesolutions.biz lbIttle(sbsengneers.com Contact Person: Chuck Mechling Jodah B. Bittle, P.E. Signature of Owner or Agent: , /r . Property Information 1/ Site Address: 5980 33rd Street Site Tax Parcel I.D. #s: See attached list of Tax Parcel ID #s. Subdivision Name, Unit Number, Block and Lot Number (if applicable) Harmony Reserve PD Existing Zoning District: RS -3 Existing Land Use Designation: L-2 Requested Zoning District: PD Total (gross) Acreage of Parcel: 122.06 Acreage (net) to be Rezoned: 120.12 ExistingUse on Site: Undeveloped Proposed Use on Site: Residential ATTACHMENT 1 150 THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS A licant's Checklist Staff Checklist 1. Fee: ' +" Rai2S � e �" �' "" -,,aax !-X'C"^ :+trr s•, , r a Property Size Nra„" TalxA __y. . { i .2.".x'. tk , ,y.µ n % $ ys ' .�u t 'k3 .Y3F:pen Yf„ ,F^( - Less than 5 Acres $1,550.00 - 5 to 40 Acres $2,000.00 - 41 to 100 Acres $2,300.00 - More than I00 Acres $2,500.00* * $125.00 for each additional 25 acres over 100 acres $125 2. Completed Rezoning Application Form f front page) X 3. Letter of Authorization from Current Owner(s) OR Current Owner is Applicant X 4. Verified statement (separate letter) naming every individual or entity having legal or equitable ownership in the property. 5. One (1) Copy of the current Owner's Deed x 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attomey's written opinion evidencing fee ownership of the property. 7. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: a a legal description of the land to be rezoned o the size of the land to be rezoned o the public road right-of-way width of adjacent roads; and o a north arrow 8. Electronic version (MS Word is preferable) 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 F:1Community Development \Users\VICKIE\FORMS\rezoningrequestform.doe 2 ATTACHMENT 1 151 Ca PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, August 14, 2014 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www. i rcg ov. com/Boards/PZC/2014. Present were members: Vice Chairman Todd Brognano, Member -at - Large; Charles Rednour, District 1 Appointee; Maria Caldarone, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee; and Carol Johnson, non-voting School Board Liaison. Absent were Chairman Sam Zimmerman, District 2 Appointee and Jordan Stewart, Member -at -Large (both excused). Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief, Current Development; Ryan Sweeney, Senior Planner; and Reta Smith, Recording Secretary. Call to Order and Pledge of Allegiance The meeting was called to'order at 7:00 p.m. and all stood for the Pledge of Allegiance. Approval of Minutes ON MOTION BY Mr. Emmons, SECONDED BY Dr. Day, the members voted unanimously (5-0) to approve the minutes of the meeting of June 26, 2014, as presented. Vice -Chairman Brognano noted both Chairman Zimmerman and Mr. Stewart were absent from tonight's meeting and even though there was a quorum, there was not a full Board present. Mr. Chuck Mechling, representing the applicant for Item #5B, Harmony Reserve, asked for his public hearing to be tabled until the next PZC meeting. PZC/Approved 1 F:\BCC\AII Committees\P&Z\2014 — AGENDAS & MINUTES\P&Z-08-14-14.doc ATTACHMENT 3 August 14, 2014 153 Attorney Bill DeBraal, IRC Deputy County Attorney, recommended Vice - Chairman Brognano open the public hearing and ask for a motion that this matter be tabled until a time certain and read it into the record. He explained the notices on the property would be changed to reflect the new date and the adjacent property owners would be mailed new notices of the time certain, adding if anybody had any questions they could contact the IRC Attorney's office or Community Development staff. Vice -Chairman Brognano opened the public hearing at 7:02 p.m., and announced Item #5B, Harmony Reserve, would be presented at the next PZC meeting on August 28, 2014. ON MOTION BY Dr. Day, SECONDED BY Mr. Rednour, the members voted unanimously (5-0) to table Item #5B, Harmony Reserve, until August 28, 2014. The public hearing was closed at 7:04 p.m. Item on Consent: Vice -Chairman Brognano read the following into the record: A. Falls 111 at Grand Harbor: Request for preliminary PD plan/plat approval for a project to be known as Falls III at Grand Harbor. GH Vero Beach Development, LLC, Owner. Masteller & Moler, Inc., Agent. Located within the overall Grand Harbor development and bordered by Grand Harbor Boulevard on the north, Indian River Boulevard on the east, Falls Circle on the south, and Falls Boulevard on the west. Zoning: RM -6, (Residential Multi -family, up to 6 units/acre). Land Use Designation: M-1, (Medium Density 1 up to 8 units/acre). Density: 3.00 units/acre. (2001110069-72686 / PD -14-08- 08) [Quasi -Judicial] Vice -Chairman Brognano asked the Commissioners to reveal any ex -parte communication with the applicant or any contact that would not allow them to make an unbiased decision. All Commissioners replied they had not had any ex -parte communication. ON MOTION BY Mr. Emmons, SECONDED BY Ms. Caldarone, the members voted unanimously (5-0) to approve the Item on Consent. PZC/Approved 2 F:\BCC\AII Committees\P&Z\2014 —AGENDAS & MINUTES\P&Z-08-14-14.doc ATTACHMENT 3 August 14, 2014 154 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, August 28, 2014 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/PZC/2014. Present were members: Chairman Sam Zimmerman, District 2 Appointee; Charles Rednour, District 1 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee; Jordan Stewart and Todd Brognano, Members -at -Large; and Carol Johnson, non-voting School Board Liaison. Absent was Maria Calderone, District 3 Appointee (excused). Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief, Current Development; Roland DeBlois, Chief of Environmental Planning and Code Enforcement; and Reta Smith, Recording Secretary. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Approval of Minutes ON MOTION BY Mr. Emmons, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to approve the minutes of the meeting of August 14, as presented. Item on Consent: Chairman Zimmerman read the following into the record: A. Transocean Commercial Development: Request for administrative permit use approval for an outdoor storage area (unenclosed). Transocean Properties, LLC, Owner. W. F. McCain & Associates, Inc., Agent. Located behind the existing structure located at 180 Old PZC/Approved 1 F:\BCC\AII Committees\P&Z\2014 — AGENDAS & MINUTES\P&Z-08-28-14.doc ATTACHMENT 3 August 28, 2014 155 • Dixie Highway. Zoning: CH, (Heavy Commercial). Land Use Designation: C/I, (Commercial/Industrial). (AA -14-10- 122/200011019-72935) [Quasi -Judicial] Chairman Zimmerman inquired if anyone wished to be heard on this matter. Nobody came forth. ON MOTION BY Mr. Brognano, SECONDED BY Dr. Day, the members voted unanimously (6-0) to grant administrative permit use approval for the 2,954 square foot outdoor storage area. Public Hearing — Continued from August 14, 2014 Chairman Zimmerman read the following into the record: A. Harmony Reserve: Request to rezone approximately 122.06 acres from RS -3 (Residential Single-family up to 3 units/acre) to PD (Planned Development) and to obtain - conceptual PD plan approval for a residential project to be known as Harmony Reserve, consisting of 301 single-family lots and 96 multi -family villa units. Located west of 58th Avenue, between 37th Street on the north and 33rd Street on the south. Harmony Reserve, LLC, Owner. Schulke, Bittle & Stoddard, LLC, Agent. Zoning: RS -3 (Residential Single-family up to 3 units/acre). Land Use Designation: L-2, Low Density 2 (up to 6 units/acre). Density: 3.26 units/gross acre. (PD -14-06-05/97080101-72309) [Quasi - Judicial] Chairman Zimmerman asked the Commissioners to reveal any ex -parte communication with the applicant or any contact that would not allow them to make an unbiased decision. He mentioned he had spoken to Mr. Stan Boling, IRC Community Development Director about this project earlier today. All of the remaining Commissioners replied 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. John McCoy, IRC Chief of Current Development, stated he had spoken to a number of neighboring residents and most of their comments had been related to traffic concerns. He advised staff had received two letters related to traffic improvements, one from the Board of Directors of The Sanctuaryof Indian River, Inc. (The Sanctuary) and the other from Mr. Jim Ellis, a resident of The Sanctuary, and a copy of those letters is on file in the Commission Office. PZC/Approved 2 F:\BCC\AII Committees\P&Z\2014 —AGENDAS & MINUTES\P&Z-08-28-14.doc ATTACHMENT 3 August 28, 2014 156 Mr. McCoy reviewed the information contained in his memorandum dated August 22, 2014 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He concluded with staffs recommendation that the PZC recommend that the Board of County Commissioners (BCC) grant approval of the PD rezoning request and the PD conceptual plan, subject to the conditions listed in his memorandum. Chairman Zimmerman noted page four of the staff report compared RS -3, the current zoning, to the proposed PD and wondered if there would be less of a traffic impact because this was a 55+ community. Mr. Boling felt these types of designs with smaller lots and homes closer together and multi -family attached residences tended to have a lower traffic trip rate than single family detached homes, and the character of the unit itself and the way it was laid out was one factor. He added a 55+ community was also a characteristic that had lower trip generation rate than a conventional single-family development. Mr. Boling clarified the State criteria of housing for older persons was that at least 80% of the occupied units would be occupied by at least one person 55 years of age or older, and he understood that was who the project would be marketed to. Mr. Chuck Mechling, representing the applicant, confirmed. the project, would be an age -restricted 55+ community as per State regulations. Buffers and sidewalks were discussed. Mr. Mechling introduced members of the team connected with the project and gave a PowerPoint presentation outlining the design and proposed amenities. Chairman Zimmerman opened the public hearing at 7:43 p.m. Ms. Andrea Moore, 3394 63rd Square, The Sanctuary, expressed concerns about feral pigs and bobcats currently on the site; mosquito and midge management on the wetlands; stormwater control of the ponds in the event of a hurricane; and increased traffic due to lack of a left turn lane eastbound on 33rd Street into the Harmony Reserve (Harmony) development. She also thought there should be an additional left turn lane from 33rd Street onto 58th Avenue. Mr. Brian Good, Kimley-Horn & Associates, the Traffic Engineer for the applicant, advised it was in the County's Five Year Capital Improvement Program plan to construct northbound and southbound left -turn lanes at 33rd and 37th PZC/Approved 3 F:\BCC\AII Committees\P&Z\2014 — AGENDAS & MINUTES\P&Z-08-28-14.doc ATTACHMENT 3 August 28, 2014 157 Streets, which was already funded for construction in 2015-2017. He advised as far as an eastbound left -turn lane at the entrance to Harmony, the volume of turning movement projected with the community fell far short of the County's numerical warrant for the necessity for the improvement to be constructed so adding an eastbound left -turn lane at 33rd Street at 58th Avenue had not been demonstrated to be warranted. Mr. George Glenn, 2980 59th Avenue, wondered how the trip generation reduction for an -age restricted community had been arrived at. Mr. Good explained how the trip generation rate had been configured by the Institute of Transportation Engineers and an independent study done by Kimley-Horn & Associates. Attorney Glenn questioned traffic links that had been included in the study. Mr. Chris Mora, IRC Public Works Director, confirmed the traffic study did not deviate from the engineering science of traffic engineering or any of the County's rules and regulations in making the determinations. Discussion followed about the volume of traffic and road capacity of 33rd and 37th Streets. Mr. Mora pointed out the widening of 66th Avenue would relieve the amount of traffic on 58th Avenue when it was completed, and he estimated a 30% to 40% reduction in traffic on 58th Avenue. He added the intersections at 33rd and 37t" Streets and 58th Avenue had not exhibited a high rate of accident even during times of traffic moving over to 58th Avenue from 66th Avenue because of ongoing construction. Mr. Glenn noted the Harmony property consisted of approximately 122 acres with over 100 acres of either native upland or wetlands and he wondered if the Environmental Study Analysis (ESA) was correct regarding the environmental makeup of the property. Mr. Roland DeBlois, IRC Chief of Environmental Planning and Code Enforcement, said County staff had visited the site under previous reviews and were familiar with the property and he was confident the ESA reflected the current site conditions. He noted the high resolution of recent aerials was almost a better review than site visits due to the size of the property, coupled with verifications from the St. Johns River Water Management District PZC/Approved 4 August 28, 2014 F:\BCC\AII Committees\P&Z\2014 —AGENDAS & MINUTES\P&Z-08-28-14.doc ATTACHMENT 3 158 Planning Matters Mr. Boling confirmed there would be a PZC meeting on September 11, 2014 with one public hearing scheduled. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 9:16 p.m. Chairman Sam Zimmerman Date Reta Smith, Recording Secretary Date PZC/Approved 7 F:\BCC\AII Committees1P&Z\2014 —AGENDAS & MINUTES\P&Z-08-28-14.doc August 28, 2014 • • ATTACHMENT 3 161 ORDINANCE NO. 2014 - AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING • ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -3, RESIDENTIAL SINGLE-FAMILY (UP TO 3 UNITS/ACRE), TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 122.06 ACRES OF LAND GENERALLY LOCATED WEST OF 58TH AVENUE, BETWEEN 37TH STREET ON THE NORTH AND 331m STREET ON THE SOUTH AND DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently considered 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 determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTIONS: PARCEL 1: LOTS 1 AND 2, THE EAST 100 FEET OF LOT 3, THE NORTH ONE-HALF (N 1/2) OF LOT 4, LESS AND EXCEPT THE WEST 215 FEET OF THE NORTH 115 FEET OF SAID LOT 4, THE ° NORTH 115 FEET OF LOT 5, THE SOUTH 210 FEET OF LOT 5, THE NORTH 115 FEET OF LOT 6, THE SOUTH 210 FEET OF LOT 6, AND LOTS 7, 8, 9, 10, 11 AND 12, ALL IN ALBRECHT ACRES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 74, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THE EAST 5 ACRES OF THE EAST 10.27 ACRES OF TRACT 2, THE WEST 5.27 ACRES OF THE EAST 10.27 ACRES OF TRACT 2, THE WEST 20 ACRES OF THE EAST 30.27 ACRES OF TRACT 2, AND THE WEST 10 ACRES OF TRACT 2, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ATTACHMENT 4 F:\Community Development\CurDev\Ordinances\2014\2014-_HarmonyReserve.doc 1 162 ORDINANCE NO. 2014 - PARCEL 3: TRACT 7, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT THE 30 FOOT ADDITIONAL RIGHT OF WAY CONVEYED TO INDIAN RIVER COUNTY, FLORIDA FOR 33RD STREET AS RECORDED IN OFFICIAL RECORDS BOOK 940, PAGE 93, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL 4: THE WEST 315 FEET OF THE WEST 10 ACRES OF TRACT 8, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT THE 30 FOOT ADDITIONAL RIGHT OF WAY CONVEYED TO INDIAN RIVER COUNTY, FLORIDA FOR 33RD STREET AS RECORDED IN OFFICIAL RECORDS BOOK 940, PAGE 95, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. is changed from RS -3, Residential Single -Family (up to 3 units/acre), to PD, Planned Development (up to 3.26 units/acre), with the general project layout as depicted in the attached conceptual PD plan (Exhibit A) and with the attached list of project public benefits (Exhibit B). The uses allowed shall be limited to the residential and accessory uses allowed in the RS -6 or RM -6 Districts as listed in the use table in section 911.08. If no project construction has commenced within 7 years from the approval of this ordinance, then the PD zoning of the entire site shall terminate, and the zoning of the property shall revert to RS -3. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 22"d day of September, 2014, for a public hearing to be held on the 7th day of October, 2014, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Joseph E. Flescher Commissioner Bob Solari ATTACHmENT .4 F:\Community Development\CurDev\Ordinances\2014\2014-_HarmonyReserve.doe 2 163 ORDINANCE NO. 2014 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND AL SUFFICIENCY kan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; C unity Development Director ATTACHMENT 4 F:\Community Development\CurDev\Ordinances\2014\2014-HarmonyReserve.doc 3 164 Exhibit A :111 OVIVirlr par IMATUNII 4,41.03 1.41.11 TV•II 1r r®11�1E11 1E11 III i ii1 Ell 10 --Now woram .. ®iib;oQo m -----.�Y•■hild�.lit®BOOII r. OIVO„ iv of — ID QI C alma El einple ®eeAee ® MRrie 7- A.w kms. lr PISNI I Or 1•11 MAO 0.11., 101111.1,111411111.0, OM. ILIAC v.c...Alwung1 HARMONY RESERVE CONCEPTUAL PD REZONING INDIAN RIVER COUNTY, P. ARIDA ATTACHMENT 4 CONCEPTUAL. PLANNED DEVELOPMENT SCHULKE, BITTLE & STODDARD, L.L.C. C1l t 9111CVIVL P ND:PM • INC MOM • O.tlE,p1 ~MAC comma d ruai.mor, .. mar 1117 IMAM .NR ILK/. . PATE 201 VE.0 a O1 KO E. MOO TEL T72?T7D-102 VAX TT2ITi9440, ENE.•..y0py...1d1 ORDINANCE NO. 2014 - EXHIBIT B Public Benefits of the PD Plan For all PD projects, planning staff asks applicants to identify the public benefits that their project will provide above and beyond conventional development in exchange for the county approving reduced setbacks and other waivers from conventional standards. In this case, the project will provide substantial open space along 33rd Street and 37th Street, dedicate the ultimate right-of-way for 58th Avenue and 33rd Street, provide stormwater capacity for future improvements to adjacent roads, preserve native uplands in excess of LDR requirements, and provide enhanced perimeter buffers. To facilitate joint use of the project's stormwater system, the developer will grant an easement to the county for stormwater purposes. Use of the stormwater system will enable the county to design roadway projects within less right-of-way area, resulting in less right-of-way acquisition impacts on property owners in the future. Details of the easement and stormwater capacity provisions will be addressed through the preliminary PD plan and land development permit processes. In addition to the public benefits described above, the project is designed with internal benefits for project residents, including significant recreational facilities and comprehensive architectural controls. ATTACHMENT 4 F:\Community Development\CurDev\Ordinances\2014\2014-HarmonyReserve.doc 4 166 HARMONY RESERVE TRAFFIC IMPACT EXECUTIVE SUMMARY (May 2014 / Revised June 2014) 1. Note that this Traffic Impact Executive Summary was prepared based on information found in the project's Traffic Impact Analysis (TLA) dated May of 2014 and the supplemental information provided in the TIA Modification Letter dated June of 2014. 2. Location: 3. Size: • West side of 58th Avenue between 33`d Street and 37th Street • The development plan for the project includes the following uses: o 301 senior adult housing detached units o 96 senior adult housing attached units 4. Trip Generation: • Net New Daily Trips = 2,386 vehicular trips • Net New A.M. Peak -Hour Trips = 183 vehicular trips • Net New RM. Peak -Hour Trips - 218 vehicular trips 5. Area of Influence Boundaries: • According to Indian River County's standards (less than 8 PM peak hour directional trips on two-lane roadways or less than 15 PM peak hour directional trips on roadways with four -lanes or more), the following road segments constitute the project's Arca of Influence: • SR 60 from I-95 to 82"d Avenue (eastbound) • SR 60 from 82"d Avenue to 66th Avenue (eastbound) • SR 60 from 58th Avenue to 43" Avenue (both directions) • SR 60 from 43'd Avenue to 27th Avenue (both directions) • SR 60 from 27' Avenue to 20' Avenue (westbound) • 58"' Avenue from 16th Street to SR 60 (northbound) • 58th Avenue from SR 60 to 41' Street (both directions) • 58th Avenue from 41" Street to 45th Street (both directions) • 58th Avenue from 45th Street to 49th Street (southbound) • 58th Avenue from 49th Street to 65th Street (southbound) • 66"' .Avenue from SR 60 to 26th Street (both directions) ., 66th Avenue from 26th Street to 41" Street (both directions) • 45t' Street from 58ih Avenue to 43th Avenue (westbound) • 41" Street from 58th Avenue to 43" Avenue (westbound) P'' 1 e1 ieoCCa a)tout• Hammy w..+.n.W.m.mu"RA in. not. Immo I rookstoo.r.mo ATTACHMENT if 167 • • • 41" Street from 43' Avenue to Old Dixie Hwy (westbound) • 26th Street from 58'1 Avenue to 43" Avenue (both directions) • 26th Street from 43" Avenue to Aviation Blvd (both directions) • 26th Street from Aviation Blvd to 27th Avenue (both directions) 6. Significant Intersections: • No road segments within the area of influence are operating at greater than 80% of their respective service capacities. Therefore, no intersection analyses were required. 7. Trip Distribution: • See Appendix of the Traffic Impact Analysis dated May of 2014 for FSUTMS model output 8. Internal Capture: • Not applicable to this project (residential uses only) 9. Pass -by Capture: • Not applicable to this project (residential uses only) `J. A.M. Peak Hour Directional % (ingress/egress): • Senior Adult Housing — 17% in / 83% out 11. P.M. Peak Hour Directional % (ingress/egress): • Senior Adult Housing — 63% in / 37% out 12. Traffic Count Factors Applied: • Not applicable as no turning movement counts were required. 13. Off -Site / Site Access Related Improvements: • As noted in the June 2014 supplemental letter, the applicant is in agreement to construct en auxiliary westbound right -turn lane at the project entrance along 33rd Street. Additionally, the applicant is in agreement to construct an auxiliary westbound left -tum lane at the project entrance along 37th Street upon the beginning of Phase 4 of the development program. Roadway Capacities (IRC Link Sheets): • See Exhibit 2 of the June 2014 supplemental letter. Pep 2 or IOCCA .O1N]1UOD7. IlmnmyWmwTU Trak' 14•a TM RSXraft 6alxW r ma..hr ATTACHMENT 5 168 15. Assume roadway and / or intersection improvements: • No improvements were considered committed for purposes of this Traffic Impact Analysis. 16. SR 60 Interest Share Special Nee: f (15% assigned to link) x (81 trips) = 12.15 trips • (12.15 trips) x ($4,054 per trip) $49,256.10 P.412 a/7 K:CCA_C•114472I1700• Hammy Palw ;; \TMb'iON415:n Wanyeo lapeu rim "re teu tyd• ATTACHMENT 5 169 1N3W1131LUV an uanv 4485 0) V▪ ) r N M 0 r L J t 617 (9Z) Zi (9) 0J 0) 1 tJ') i▪ nn M W (7 7 to J z V _W O GC w a ino•- cW _ t3 o E ifL _ Q 3 LA E E > > • c 3 3 0) 0) > > 'L "L L L O 0 = 2 f0 - f0 0) a) 0- a a a T X X Z v H o W <---- o Z ° z ATTACHMENT 5 170 PLANNED DEVELOPMENT ing district criteria, including the density allowed within the commercial use area, 81141 apply to residential development. Wheer�ee residential development occurs withih a commercial use area, the mini- mum Nroject open space shall be thirty (30) percent. Total commercial and resi- dential dew 1opment is limited by the RM -8 maximum -density, the minimum thirty (30) percent oipen space requirement (stated above), and thegipplicable maximum build- ing coverage requirement. (3) Compatibility. \ (A) Compatibility between uses within P.D, project areas shall be;.addressed by indi- vidual project design, trough the use of location, buffering, transition, integration of uses, or other means, transition, approved by the county. ,R (B) Compatibility with propertieladjacent to the P.D. project area shall be ensured by compliance with the applicable Standards of section 915.16. (4) Site development standards. The applicable site development standards of Chapter 913 'and Chapter 914 shall apply. (5) Design guidelines required. Applicants shall submit design guidelines for all new planned developments containing residential units. The purpose of the guidelines is to avoid visual mo- notony and a bland, "cookie -cutter" appearance of the developed project. Guidelines shall be project - specific and shall require approval by the Plan- ning and Zoning Commission (PZC) prior to ver- tical construction of residential unite. The community development director or his designee is authorized to approve changes to project - specific design guidelines approved by the PZC. Each of the following design guideline items shall be considered by the applicant, and at least two (2) shall be proposed by the applicant, for incor- poration into project guidelines: a. Garage placement and scale; b. Residence (building) placement; c. Variation and frequency of model types; d. Building materials (facade and roof); Supp. No. 92 915/9 915.14 e. Building massing and architectural de- tails that provide building articulation; f. Roof design, pitch, material, and type (e.g. gable, hip); Window architectural treatment/varia- tion; h. Project appearance from adjacent public streets and properties, including landscap- ing and buffers; i, Internal streetscape; j. Alternative design element that reduces visual monotony. Project design guidelines shall provide for de- sign review, approval, and enforcement mecha- nisms. (Ord. No. 2012-021, § 1, 7-10-12) g. Sermon 915.14. AgAioniturrl use cf,anf;.aeds. (1),Location. Agricultural uses may be estab- lished'yithin a P.D. project area where: (A) The underlying comprehensive plan land 40 designation allows such uses; or where (B) The agricultural uses allowed in the RS -1 zoning,district in Chapter 911 are estab- lished in a residential development area in a manner consistent with the applica- ble compatibility standards of sections 915.14(3) and 915.16, and any criteria and standards of Chapter 971, Specific Land Use Criteria, applicable to the use. (2) Uses allowed (A) All agricultural uses ;permitted within the A-1, Agricultural zoning district may be located in accordance with subsection 915.14(1)(A). (B) Within a residential development area, all agricultural uses allowed within the RS -1 zoning district of Chapter 911 may be allowed within residential use areas. 1. All uses having specific land .use criteria for residential districts as found in Chapter 971 shall comply with the applicable Chapter 971,cri- teria and standards. ATTACHMENT 6 171 • FCHR - Florida Commission on Human Relations 55+ Housing Requirements Federal Register 24 CFR Part 100; section 760.24-760.37 (4a), Florida Statutes For a community to be considered "housing for older persons" as a 55+ community, the housing must be intended and operated for occupancy by persons 55 years of age or older and meet the following requirements: 1. At least 80% of the occupied units are occupied by at least one person 55 years of age or older. 2. The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons. 3. The facility or community complies with rules established by the U.S. Department of Housing and Urban Development (HUD) for verification of occupancy. How To Register A facility or community that meets at least one of the above requirements must register with the Florida Commission on Human Relations by sending a letter to the Commission to register as a facility for older persons. The letter must be on the letterhead of the facility or community, and it must be signed by the president of the facility or community and mailed to the Commission (mailing address). A fee of $20.00 is required and must be submitted with the letter. A check, money order or cashiers check will be accepted and must be made payable to: THE FLORIDA COMMISSION ON HUMAN RELATIONS. It generally takes 7-10 business days from the Commission's date of receipt for the check to clear and for the information to appear in the 55+ directory on the website. FCHR ACCEPTS REGISTRATIONS AS A PROVIDER OF HOUSING FOR OLDER PERSONS UNDER THE FEDERAL OR FLORIDA FAIR HOUSING ACT BASED SOLELY ON THE WRITTEN REPRESENTATIONS OF THE REGISTRANT. FCHR HAS NOT INDEPENDENTLY DETERMINED WHETHER THE REGISTRANT IN FACT MEETS THE REQUIREMENTS OF THE LAW. A fine in the amount of $500 will be assessed against any facility or community that knowingly submits false information in meeting these requirements. IMPORTANT: Once you are registered, you will be issued an account identification number. Please remember to add this number to renewal checks and all renewal "documentation. ATTACHMENT '7 172 ATTACHMENT 8 • • 173 • ATTACHMENT 174 ATTACHMENT 8 1- uj 0 0 I J Z !I 0 Cr 0 • 175 -11.711=7 ' / • WWMW7171 WIIIEME= , • , wrisiparn f Zner="ariarillilaelt=g1192. 1111•11•••••• 11.1001.111 MEM 1WWWWIT • UMW NW. 8/WWWW WHEW VW I .0-1 'cancans re ruite V•nnHos 01111001Gli 111114331400 1,00101.4 MW UAW MOM 010110210 04 1101433000 11121311 ANOPIMM . 1. 'ed 4 - r " A.,... - • ... 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'IN . ty„,,, , .L71' 4'7,1144 A 111) ,11101.0 4,011 1114 • 111111 ' 180 Harmony Reserve Rezoning and Conceptual PD Plan Board of County Commissioners October 7, 2014 Planned Development (PD) Process Conceptual Plan PZC Recommendation 1 BCC Approval Preliminary PD Plan PZC Approval • Land Development Permit (LDP) or Waiver reviewed and approved by staff • Final PD Plat is approved by BCC W.1 Location Map Proposed Development • 122.06 acres • 301 single-family units • 96 multi -family units • Clubhouse facility • 55 Plus Community registered with State PD Waivers • Lot size reduced to 6,200 sq. ft. and 8,000 sq. ft. • Lot width reduced to 50' and 65' wide • Front setback reduced to 13' 20' and 25' • Side setbacks reduced to 5' and 7.5' • Building coverage increased to 50% • Lot coverage increased to 80% 184' 4 Conceptual PD Plan • 5, , 180. 5 WB left turn Ian on 37th phase 4 w/ monitoring condition access, proposed construction access WB Right turn lane on 33rd Phase] 33rd Street Dedications and Improvements • Additional 20' right-of-way for 33rd Street • Additional 40' right-of-way for 58th Avenue • Release 37th Street Murphy Act Easement and that portion of 58th that extends beyond ultimate right-of-way • 5' sidewalk along 58th Avenue frontage • 8' sidewalk along 33rd Street frontage • Sidewalks both sides all internal streets Dedications and Improvements Cont'd • Drainage capacity for future 58th Avenue and 33rd Street widening improvements • Complete community pool and clubhouse prior to C of C for phase 2 • Replats of Albrecht Acres structured so as not to eliminate or interfere with existing rights for enclave parcels • Zoning Reverter: 7 years back to RS -3 if project not started 160.7 Environmental • Uplands: Exceeds 15% preservation requirement preserving 14.93 acres vs. 13.81 acres • Wetlands: 16.10 acres exist with 2.86 enhanced and 13.24 acre mitigated off-site • Listed Species: Include gopher tortoise and possible wood stork use; permitting and clearance letters required. 150' 8 Landscape Plan e RG'.ou,CM W*. i YetwEix,.1 ILtir�.+_ MW�!A _S�E)i1,:= _!'G_IT_Ni�YYti4_UG}Tr.A t:P.9P.L LJJ nu; „1:r..N111W.A..K1. 1 0•?• Lo i t 0, J\.1 , 186. 9 11, ,tli toy�.^..�..` II li moi' 1 0•?• Lo i t 0, J\.1 , 186. 9 Public Benefits • Provides substantial open space along 33rd Street, 37th Street, 58th Avenue • Provides ultimate right-of-way for 58th Avenue and 33rd Street • Provides stormwater capacity for future improvements to 33rd Street, 58th Avenue • Preserves native uplands in excess of LDR requirements • Provides enhanced perimeter buffers 8-28-14 PZC Decision Voted 6-0 for BCC approval with original staff conditions and two additional conditions: - Restrict 37th street heavy construction traffic to access from the west (66th Ave) - Specifically limit clearing by phase • Applicant has agreed to these conditions 180'10 Staff Recommendation That the BCC approve the Rezoning and Conceptual PD Plan with conditions listed in the staff report, including items regarding: • Dedications, Murphy Act release • Buffering, drainage Preservation and environmental permits • Turn lanes • Replat • Recreation facilities • One story homes on perimeter • Zoning reverter • Register with State as 55 plus Community • Phased Clearing • Construction traffic access limitations Policy 5.5: Indian River County LDRs shall contain a special Planned Development (PD) zoning district. That district shall be designated as an overlay on the County Zoning Atlas. The PD zoning district is intended to provide for the development of projects which require flexibility in order to maximize open space, conserve natural features, provide alternative designs, incorporate recreational facilities, create a mix of uses, and provide a variety of housing choices. io•1-taatl Introducing Vero Beach's Premier 55+ Active Adult Community inspired by the Tradition of "Old Florida" HARM(NY RFJSERVE The Harmony Reserve Team Owner's Representative — Insite Solutions, Inc. Karen Mechling — Marketing/Lifestyle Director Chuck Mechling — Operations Civil Engineer — Jodah Bittle (Schulke, Bittle & Stoddard) Traffic Engineer — Brian Good (Kimley-Horn and Associates, Inc.) Environmental — Bill Kerr (BKI, Inc. Consulting Ecologists) Accounting & Finance — Robert Votaw (OCCI Solutions, Inc.) Owner — Harmony Reserve, LLC J. Patrick (Toby) Hill — Managing Member I o.A l . 10/9/2014 I F ) • 13 Builder Magazine: Dec 2012 Why do you want to sell to Boomers? • 77.8 million in the generation with an average of 10,000 turning 65 every day for the next 19 years • 40% make over $75,000/year TCPaIm, Russ Lemmon: October 2013 In terms of five-year appreciation, where does Vero Beach rank tod-Vero Beach would rank 42nd out of the 384 metropolitan areas and divisions in the United States that we cover," Lafakis said. • "Ranking can be attributed to our expectation that baby boomers will increasingly retire in the next few years, and many of them will come to Vero Beach, boosting housing demand and lifting prices." Better Homes and Garden Real Estate: April 2014 Baby boomers ignite the housing market • 57% of boomers plan to move out of their current home. • 70% believe the house they retire in will be the best home in which they have ever lived. Clubhouse Site Plan Sanctuary 55'+ minimum Native Upland Buffer e a cL ,, c�a: cii .�. C a( C 4. 1. t,�e C l ( C C. C'4 ( _ �( . e ns c e' e:, c..t. Shadowbrook 60'+ minimum Native Upland Buffer Entry Feature 10/9/2014 Library Game Room Teaching Kitchen Bar/Lounge Function/Theatre Room Activity Rooms Card Rooms Indoor Fireplace Lifestyle Director Fitness Room Movement Studio Tennis Pickleball Outdoor Pool Outdoor Kitchen Outdoor Fireplace Event Lawn Bocce/Horseshoes Clubhouse Activities Men's exercise Women's exercise Tennis Mah Jong Arts & Crafts Coffee Chats Themed Parties Water Aerobics Seminars Pilates/Zumba/Yoga Movie Nights Pickleball/Bocce Book Club Cooking Demos Ladies' Bridge Men's Poker Darts & Billiards Comedy Night 10/9/2014 150'/3- 3 10/9/2014 180"/L 4 Thank You HARMOYRESERVE 10/9/2014 )50.17 5 ' SCRIPP S SCRIPPS TREASURE COAST NEWSPAPERS 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 publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Pub Number Date Com/line PO # I o - 01 10PA O.A.I. INDIAN RIVER CO PLANNING 2648521 9/22/2014 PUBLIC HEARING 10-7-14 HARMONY RESE Sworand subscribedefore me this day of, September 22, 2014, by Sherri Cipriani [X] personally known to me or [ ] who has produced as identification. , who is Mary T. Byrne �.' " MARY Y 8YRNE � .,. •c Rotary Public - Slate of Florida. iky Comm. Expires Aug 2, 2018 ,q. -;,..��, -,•,,?:,:.,...,..‘ Commission 0 FF 142429 Notary Public NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES ORIGINAL Indian River County Planning Depa... Q Q0 Z U a) i+ U > a) < a LO CO dr CO N Ad Number: Insertion Number: N/A Section-Page-Zone(s): 3 Col x 75 ag NOTICE OF PUBLIC HEA Monday, September 22, 2014 NOTICE OF ADMINISTRATION SERVICE DF A COPY of THIS NOTICE ON THEM. All other creditors o (0 ,nhming claims ms or dements against must file [Heir 'IM1 IM1is nun WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST SL - TION OF THIHINO- TICE. NO- TICE. All CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN SECTION 731.702 OF THE FLORIDA PROBATE CODEWILL BARRED. FOR EVER ITHT NOTWITHSTANDING SEE TIME PERIOD SET FORTH ABOVE, ANY CLAIM FILED TWO 121 YEARS DR MORE AFTER THE OECE0ENT'S CATS DF DEATH IS RAPPED. The date of PR first n ilei: ambe septer 23, 101,. rrVV Personal WL,Inrr• Lemoyne, PA 17043 MenhewPD.Box'a)4 Meadville, PA 16335 Attorney for Personal Peahre7 M. se n J<9inn Emeil:jms@ burnvandarveraon FL Bar No.: 313090 onndderse0 Email. @burn Mausand Burs b Severson, P.0. P.O. Boit 349 West Palm Beach, FL 02 FaxPho�561-68)-8 of 03 P.: September 22, 29,2014 TCN2649]35 IN THE CIRCUIT COURT FOR MARTIN OUNTY, FLORIDA PROBATE DIVISION TC Q SCRIPPS TREASURE COAST NEWSPAPERS O MONDAY. SEPTEMBER 22 2014 TT SC NOTICE OF NOTICE OF NOTICE OF NOTICE OF NOTICE OF ADMINISTRATION ADMINISTRATION ADMINISTRATION FORECLOSURE FORECLOSURE claims o demands da, Probate Division, of death wee Au oat CIA l PEC 0 R D 5 109534 against decedents the address 01 whim 13, 1011, is pending BOOK 432, PAG0S BUTLER B HOSCH, whom a is P, 5 Office Box in the Circuit Cour[ 3) THPOUGM 8]. OG P.A w pof this nouw is 901 Slu+n, Florida I r Marlin County, THE PUBLIC PE Mailingg Address red 0 be 995. Flon,th;,rebste ONu L PDSOF INDIAN 31BSSmM Conwayy ins must TJe their All creditors 1 the s n, a address of qHy ER CO U HTV, d, WIPA claims wh0 this coup sons having c per iceah 100 Ean FLORIDA Orlando. Florida ON OR BEFORE THE a having claims Ocean 90ulev gid, qny pe n cllkming LATER O F 3 0 demmtls +geinn Stuart, Florida ,rest in t o su • Telephone: MONTHS AFTER decedents env on The nam end ad- gcynjram i1<ule, it THE TIME OF INE wham a espy of this dresses a olM1er Ivan Ina I 1 FIRST PUBLICATION o ,molted to so I r p any era c OF THIS 00003 P b I cad Rle rid the dtl ins sat °ol tF `lis DATTEYOFA EERVICE ineir<cIWITHINI100 t e ..( 000 0 mane m st r0e a OFA COPY OF THIS LA1 ER OF THREE below6 e' claim wlnin°60 days ANOTICE ON THEM. MONTH5 AFTER 00 91,61219 2210 ehnlhesNe. IM1other creditors of THE TIME OF THE Decedent ane olM1er One, IM1iv 4th say of dviced<nt and FIRST PUBLICATION persona havitip september, 2ota cls ms`or°demands OF DAYS 00000 040 ,99(081 deced8814 By• decedent', 'ATE OF SERVICE estate o whom a MARIA FOMET, sso. asute`must tle tM1eir OFA COPY Of THIS eery DI tbls ut Ao"bie GO o. 990494 daims with tors coup NOTICE ON THEM. r re e o e No. 998791 ITHIN 3 MONTHS All other creditors of Ned rmust file their TRIPP SCOTT, P.A. AFTER THE DATE OF the decedent and NaimswithV coun Ag0rl0eysfor nAfi,H THE FIRST PUBLICA- per eons having ON Ofl BEFORE THE S.E. SinF St, TION OF THIS NO- claims or demands L A T E P F 15th FlBor TICE. ag inst the dace- MONTHS AFTER F08 Lauderd°Ie3FOL ALL CLAIMS NOT tl nt'e "tate mut THE TIME DF THE 1 TILED WITHIN TXE tle their daims wi6F PIPS] PUBLICATION TelePFane nla TIME PERIODS SET his court WITHIN OF DTHIS NOTICE OP 195d1)66 -2g99 CBun ADministretion, FORTH IN SECTION THREE MONTHS 3 YS AFTER THE Fauimrle ]02 OF THE AFTER THE GATE OF DATE OF SERVICE 19561 )614]6 L 21OA PROBATE THE FIRST PUBLICA- DFA COPY OF THIS 1.189reditors whi, 68 NOS [ OE WILL BE FOR- TION OF THIS NO- NOTICE ON THEM. II e TheEdatesof the firer ALL CLAIMS T TICE Athle dll ecedent and need; erns rage ro m� VubllcaOOn 0 Is FILED ITHIN THE o er p sons havitl5 orEerhm N tier mtember IME PERODS SET mime°o deman eecrpns 22,1014. f3RTN IN SE[TINN a 1 tle<eaent's EE 3 )02 OF E state Pmu lila their entiON,[n no cost'to Elam.Moore FLORIDA PROBATE daims with tbls coun you he rovision ,nal CODE WILL BE FOR WITHIN ]MONTHS 1 csrtain assistance. Representative EVER BARRED. AFTER THE DATE Cf please contan Clerk 1690 South Kanner NOTWITHSTANDING THE FIRST PUBLICA- of Loon Adminisira- HI„hway,Apt121 SHE TIME PERIODS TION OF THIS NE q 00 E. Ocean Stud ,Florida 34994 ET FORTH ABOVE, TICE. BIv E., 3lu air, FL ANY CLAIM FILED ALL LAIMS NOT 34991 at ))2.108 KEgmnC. BaaA MO RE2A FTE R STHE TIME ERIODS SET OR FILED WITHIN THE 5000 01 least ] days AnOrn Personal OECE CENT'S DATE FORTH IN SECTION uflf .0 your aceid_ ry for led court asVV OFDE A T N I 5)33. 102D0THE a mm ErnM2 Fl��dasBar NO� BARRED. FLORIDA PROBATE a his 9)63 TM1e date of n' Ilrsl CODE WILL BE FOR- n nr'E'1 the M hy,3 ars, puddle Ido EVER BARRED„ a r'erfa Cha ;Mt, dem , ice Is September The tet 01 t rr .icAaduled a" Norman, °B s A 22�201d. I publichtion of IHns n • is Ices Than ) Malley, PA. Notic ptember days: if you are ncar- 2a00 5.E Federal Nicole M. Petr°ll 22, 2014` se r v e i nu Hwy, 4th Floor Pemonal inBea, call )11. Stuart Flood+ 700 140,l4e0atrve Seacoast National pub: Sep105243 15, Td:In1Email: m efi Lrvingatn sb.et. ean4 02011 Pnmary Email'. Buffalo, New Yor4 Personal TCN2WB01) 0b@ mre.COM 14213 Representative sum Christine Woods IN THE CIRCUIT S756,73 Email: Ryan Ruskin, Esq. sed Officer COURT IN ANO FOR lc @mccart hysur A0orney for personal Su 0 Trust Officer INpNN PN0l Peyyres ntetB a et Colorado Avenue COUNTY, FLORIDA PrPhr: ,ptember 22, FLBar No Swan, Fllride 36994 GSE NO: 2 14 Jordan Fields, P.A 201] U 001661 T'N26498)5 116 Cones Avenue Margaret E. Wood, IN 100 <IPLUIi aM1 FL 34994 Esquire BRANCH BANKING 0 C CART IN AND FOP Phone' 1280 )708 Attorney far Personal TRUST COMPANY MARTIN COONTY, fax ln1126&1428 Representative laintiff, FLORIDA Pnmary e-mail: Flontla Bar No.: PROBATE DIVISION 5'n@Esryl e-mail. McNannyy, Summns, 2A IH2p AIGAfL IJ. USE N0.: 1L60bCP has OlI palaw.clm B° o,W d lE2NIEWiLZ;LIN INREESTATEOF Ptrb: September 32, Norma.0013 s6 KNOWN TENANT I: UNDA A PETPOFF 29.1011 Melby, PA UNKNOWN TENANT TCN2M9865 2400 5.E. Federal II, end any unknown aiV/a. Hwr.1 ,FI r near., d4'.4:a, UNDA ANN IN THE CIRCUIT Sloan Florida 3d99d gr to s, cretlil0rs, PETflOFF, COURT FOP MARTIN TBI: 17'7 21 2 8 61)0, mdno tfr unknown Deceased COUNTY, FLORIDA primary Email: eyerwns un4na07 PROBATE DMSION meel.rcumM persons or unk own NOTICE File Number n TO CREDITORS 14-609 CP 517,70.73 Email: arm of the abov.. TO ALL PERSONS Ic@mcearthysum d0ehntlanla HAVING CLAIMS OP IN RE'. ESTATE OF 0.4.1 44 DEMANDS AST TST HAROLDATITUS, p39: 5871ember 33. NOTICE OF THE ABOVE ESTATE: ALB RTROLD The adminis[rnr0n of ALBERT TITUS, TLN161999d FORECLOSURE SALE he Estate of LINDA Deceased 1. PDA AN al P2 NOTICE as hereby giv- LINDA ANN PE- NOTICE 10,7 4,1 Clerk ai TPOFF, deceased, TO 0,00 0 °he Circmt Court 01 we, ane OI death The adminis,1 Dar 01 FOTICE OF intim River CBumy. w 5<plember 4, a est, e f Harold FORELLOSUPE Fglnds, 171 on the 1M1'1!, 1a pending rti A Tilua ahla Harold IN THE CIRCUIT th day of Septem Me Circur CBun tar Iber[ Titus, de- COURT OF THE 19TH bber, 2014, at 10:00 artin County. FIBra- ceased, whose date JUDICIAL CIRCmr M, at : ndian- INANDFORINDIAN realf°recldance RIVER COUNTY, ! eor FLORIDA with CM1apter IS CASE NO' Florida Statutes, 011 2013CA0013e3 ter for sale antl sill p0 424 o BANK OF AMERICA, 'he highest and E e NAI At bMoer ^or a Ln, h Plain iH, 1 II w ,Thad 'NAPLES M. MON- P cul!:P rver C° °nry, TELEONE AND PAT- Florida: to lu R I' A A. M 0 N • LOT S, BLOCK AE, OF ELEONE naL TEVENS RK, OefendmgM UNIT N O. 3 , ACCORDING TO THE NDTICE 6 PLAT THEREOF, AT T-0RECLOSUPE SALE BOOKED IN PL Ai BOOK 1, PUBLI51 Sri, GIVINE IS HEREBY CORDS PUB�LNIC RE - 05 Nm:i Judgment of IVEP ob NTY Foreclosure dated FLORIDA A"' ti 15, 2 4 em r uanl t° Ihe Final r d n Uvtl Cse a cas enp en erect In N 1013CA001363 v rt,the rti 1i tM1 9 M1 Judicial e [n a el° of whichns di7 d Beach iIndian Fiver a only. S°fish, Jh Alaiv CI°r4 a C I ` he rPln°f7 est will`sell t eche tliaM1- su" ir etM1e mtl sea Ser fordos sale 0 h 'a' ,Tal n naenoldrre e.i� <alergaa °win'iia de7 AM. ESTm file T<laim see 29 dg.,°t 5 p-. wish the Clerf mbe rhe la4 low ribed day far Propel a "1'1181 closure kale. Judppmemtltnwinn' I DATED this 3rd day of APARTMENT 6A, ° MmZe°6ot4. ROYAL PALM VIL Morns Medio+. LAS, A CONDOMINI. Eequue UM, ACCORDING TO Florida Bar Re: 91853 THE DECLARATION William David 2624 , ire THEREOF, AS RE- CORDED IIN OFFI. Florida Barr No: '"° '.0°& L601 RRCI* W. IMNE: ESTATE OF HT d.SON, Deceased. NOTICE TO CREDtr0P5 The administration m r.r.T lyo ao'ei sea, whlee aeie icf 2014, was August lou, is Penang in MIre ,8 C0 Co for arlin Counry, Coen mPwnla 0 East Ocean Boulevard, Slu art, ametl+ 3 and gaddress- NOTICE OF FORECLOSURE erbl NPS gB 5pen North,Suile 200 sl. Pelersbul% Telep4536-4911 hone No. SA""u"Plzi14071 381-5200 n11 tly Far. 40)381-55)) TARA MCDONALD S,,44.ylor Plaimr7 FBN 43911 Service of Pleadings 888133186 005 Email. Requests Accom- FLPleadings@ m dations jay70 Per 631erandhos A"'" sons with Drsablh- NOS es. II too area ., C REQUESTS FOR AC- s with • dany ac- PEfl50N5 WTHS013- oBY hmmod, needs n°in 1r- ABILI11ES. 11720.0 der 1a p rt ddate in PP won a disc- tM1ls pr Ar ', you accommodation who needs an Iled, t no aide mmodet QtdOal to th,e c this eiedJnp� Pl ria ne ,000 you tilled, 0. e .t 350 NE [240En:(070146 070 0,„, Pless ) rt St. ` Lucie FL, 34906. 772- °0).43)0 al least sbefore your scheduled am, orrimmendk °Phar thiarnodfienion H the time ee baefora the ance is less thaschdan `) days f you are ins or voice ar • es °eant at`rsonaa Ihsrsti sonalvee 'IlPcredlto thee nVoA bolorwrth 217.020(480,1001 pe dnwi g 150 NW C1u5mrY Clu'''31:a Drive, ulty 11 , PBr1 51. Lucie, 370 at least idaya e before you G e c 1eduled appear- Pub: September 15, ance is less than) 12.2014 days: if you are hear- TCN3648036 paimd,"cailiii.e int Pub: September 16, 22, 2014 TCN2646020 Your Community, NOTICED. School District Budgets Local Tax Changes Property Auctions Public Heorings Adoptions Search Florida's ogres o3li0e oI: www.floridapublicnotices.com IN THE CIRCUIT 00130 FTHE19th JUDICIAL OI DIA IN AND FOR INDIAN RIVER COUNTY, IN THE OF THE FLORIDA NINETEENTH NTHE 31 30t3CA5m 216 JUDICIAL CIRCUIT JUDGE: OIN AND FOR RIVER CYNTHIA L. COX C Ntt. FLOSIDA OpiAMIONNAINHO 31-2010CA-001681 ASSDCI WELLS FAPGO a Florida not-for-pro(BANK NA Vlain rH, Plaintiff, • tN CRAWFORD CAROL A. IRBY and SYNEK: UNKNOWN JAMES P. SPOUSE DF JOAN 1.04.810 UNO000711 Oelentlantx UNKNOWN TENANT UNKNOWN EN- NOTICE EA AM S. I NNAN FORECLOSURE SALE NOTICE OF NOTICE OF NOTICE OF FORECLOSURE FORECLOSURE FORECLOSURE n . 7250 NE dor , 2.0 in`011rl ISM ttlrYv°Qlilme nvii 11,4,1,7 Club 0,iv ',1,',.,0.,r32.007°.'`, al7pr3Book Ina a b,I0r °Ihe Suite 11), Port 51. 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For ammharmgr`i` .rd Unknown n re z in C it C+se Mkala@IB a. m panics may Nam an No. 0Cir it Court ":H.len A191sq. reei7s Spouse, one uta it Court 8 BrY93046 Grantees, Vi sees, I Inv 19th Judicial M-100688 NOS Gsmees, r Other Circ and or In- p r the Fai Clai a, ,nkno n die 0tH Cvu t 0e ' 011e penin �nnP ss ss a Florida.r keen The aPractices Act 0 U• nknown g, antl all Pee ce nPflee dvisee IM1 h Un ; r Inc` a t i 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: Paul Fafeita ADDRESS: 955 82" Avenue, Vero Beach, Florida SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Oslo Boat Ramp PHONE: 772-562-5978 X X YES YES YES X NO NO NO Stop the Expansion Project for the Oslo Boat Ramp ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone YES X NO COUNTY ADMINISTRATOR: CQ,Dtl.L4) h„ dctic, q / Joseph A. Baird MEETING DATE: Document2 Board Approved 11/7/06 181 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: Mark Yanno ADDRESS: 1695 20th Place, S.W., Vero Beach, FI 32962 PHONE: 772-559-1422 SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION Oslo Boat Ramp X YES YES YES X X WHAT RESOLUTION ARE YOU Stop the Oslo Boat Ramp Project REQUESTING OF THE COMMISSION. NO NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Joseph A. Bair f! 1.7.;;;W/41 Document2 Board Approved 11/7/06 182 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: Rodney Smith, Chairman of the Board, Anglers for Conservation ADDRESS: 265 South Robert Way, Satellite Beach, FI 32937 PHONE: 321-750-3374 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp Expansion Project IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES YES YES X X NO NO NO Discuss the environmental concerns of this project ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES X NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: bi Joseph A. Baird Document2 Board Approved 11/7/06 183 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: Fred Grabill, Chairman, Coastal Conservation Association of Florida ADDRESS: 4061 Forrestal Ave., Suite 8, Orlando, Fl 32806 PHONE: 863-660-4559 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? X X YES YES YES X NO NO NO Stop the Oslo Boat Ramp Expansion Project ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone YES X NO COUNTY ADMINISTRATOR: \. f ci .ate MEETING DATE: Joseph A. Baird �d1/ Document2 Board Approved 1I/7/06 184 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: Lange Sykes ADDRESS: 836 Riomar Drive, Vero Beach, FI 32963 PHONE: 772-473-7983 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp Expansion Project IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION X YES YES YES X X NO NO NO WHAT RESOLUTION ARE YOU Discontinue Oslo Boat RampExpansion Project REQUESTING OF THE COMMISSION? p ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: J� • &`-U? Joseph A. Baird Document2 Board Approved 11/7/06 185 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: Marty Baum ADDRESS: 1192 NE Frances St. PHONE: 772.631.5827 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? x YES YES YES x x NO NO NO Deny Oslo Boat Ramp destruction. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES x NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: 4 . SOUAl Joseph A. Baird MEETING DATE: October 7, 2014 186 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: Brendan Burke ADDRESS: 516 Conn Way, Vero Beach, Fl 32960 SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Oslo Boat Ramp PHONE: 772-532-2855 YES YES YES NO NO NO Stop the Expenditure on Oslo Boat Ramp Project ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES X NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE:6// Joseph A. Baird Document2 Board Approved 11/7/06 187 FEB 23,2004 19:58 000-000-00000 INDIAN RIVER ('OUNTY BOARD OF COUNTY COMMISSION REQUEST T() 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 DIS.CUSSION INFORMATION Indian River.Smutty S :ode .Section.102,04(Ltl)(h): 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): lintit remarks to three minutes unless additional time is granted by the commission NAME. OF INDIVIDUAL OR ORGANIZATION: PH'ji /R6L/ ADDRESS: 0775" 'Dor ?girl A-0Il•.0 PHONE:-9,d35/3y,S SUBJECT MATTER FOR DISCUSSION: .0.5 L7 BNFT Riemip IS A PRESENTATION PLANNED? 0 Yes IS BACK-UP BEING PROVIDED? ❑ Yes IS THIS AN APPEAI. OF A DECISION'' ❑ Ycs iTe No No Q" No WHAT RFSOI.u'I ION ARE YOU REQUESTING OF THE COMMISSION? •.7P 1JOW 5 cv 3a,►nr 7A i e P F mrkrr- i ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 0 Yes ( E:1 ----Nu WIIAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Norm _ t% I: -Mail _ Fax Mail Hand Delivered Phone C'OUNTV ADMINISTRATOR: MEETING DATE: Joseph A. Baird page 1 188 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: Walter Tabachnick ADDRESS: 465 40th Ct. SW, Vero Beach, FL 32962 PHONE: 772-563-9705 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp Project IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION YES X NO YES X NO YES X NO WHAT RESOLUTION ARE YOU Consider information in decision REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE None REQUIRED TO MEET THIS REQUEST? YES X NO Transmitted to Administrator Via: Interactive Web Form X E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: 7, 2014 �1 - Joseph A. Baird 189 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: Dr. Grant Gilmore ADDRESS: 5920 1st Street, S.W., Vero Beach, FI 32968 PHONE: 772-562-8762 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? x YES YES YES x x NO NO NO Provide information on Environmental Impact of Boat Ramp ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES x NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: ..C4rii Joseph A. Baird Document2 Board Approved 11/7/06 190 OCTOBER 7, 2014 INDIAN RIVER COUNTY COMMISSION ADDRESS R. GRANT GILMORE, JR., PH.D., SENIOR SCIENTIST, ECOS COUNTY CONSTRUCTION PLANS: Your efforts at Oslo Road are to increase human use of the boat ramp and road thru paving the road, constructing a parking lot and water holding pond. You said you did not want larger boats, just more boats and a paved road and parking lot, removal of little over an acre of mangrove habitat and dredging 300 cu yds of sediment to a depth of 3 ft out to 210 ft from the present ramp. I know of no other location in Florida where a critical fishery nursery site, essential fish habitat, has not been negatively impacted by increased human use, even if it is by more small power boats. RESEARCH DISCOVERIES; The four fishery species that routinely use Oslo are the most valuable inshore fishery species in Florida waters. They are the spotted seatrout, red drum (redfish), snook & tarpon. During my 27 year tenure at Harbor Branch I and my team of students and research assistants captured, weighed and measured many fish from this wonderful productive Lagoon. We made many discoveries that have been blatantly ignored by this Commission. I never captured young of the year snook or red drum in all those collections in the vicinity of Harbor Branch. They did not settle there or at many other locations examined over the years throughout the Lagoon. But we found very special locations where they did settle, typically no more than two or three of these species at the same location. Oslo is the only site I have found that attracts all four of our major fishery species as critical nursery site. WHAT IS A CRITICAL NURSERY SITE: It is hard for even an experienced fisherman to understand how valuable and rare these sites are as he can put his boat in and travel to many locations to catch an adult snook or trout. However, I cannot put my boat in and go to many locations to capture one inch snook or trout. These locations are very rare. What are these small young predators looking for? Two needs are primary: (1) They are looking for a place where they can escape predation — particularly from their parents: (2) and a place where they can find sufficient prey to grow rapidly so that they can fend for themselves in the deeper water further offshore. Dredging the shoreline bottom deeper than a few inches even a few feet from shore eliminates trout and redfish nursery habitat along the shore. U , f Ir,(3.ip I96 The spotted seatrout and redfish are seeking the shallow nearshore seagrass habitats at Oslo. There is healthy seagrass growing at Oslo. Various species of macroalgae also grow there and also form indigenous food and habitat needed by various seagrass fish and invertebrate species. The seagrass at Oslo is not being harmed by water running off shell/marl substrates of Oslo Road any more than it is at the thousands of marl, shell and carbonate shorelines throughout south Florida. A term for the white precipitate that forms ephemeral clouds in the water column coming from carbonate sediments is a "whiting", a phenomenon that has received considerable study in Florida and the Bahama Islands. It does not cause the death of seagrass as the County has maintained. All of south Florida is made of this shell and coral substrate and rain running off native Florida sediments is not killing seagrass or we would have no seagrass in south Florida. Why do these fish pick some sites and reject others? This is still under study, but chosen sites must certainly give the fish a survival advantage. Our research and that of others has effectively demonstrated homing in larval and juvenile fish to very specific special locations. The Chair of this Commission, Commissioner O'Bryan, participated in one of my research studies that effectively demonstrated nursery site imprinting in snook and tarpon to areas not even a half acre in size. These studies revealed that present State and Federal aquatic habitat mitigation practice is invalid in protecting regional fisheries. One of the most intensely studied sites was done at Round Island Park across the Lagoon from Oslo. One day we captured 600 juvenile snook at the south culvert, the only culvert in that impoundment at the time. I had a second culvert installed at the north end of the impoundment thinking snook would use it too. They did not. The same observation was made at Jack Island Park in St. Lucie County with up to 3,000 snook captured in and around the north culvert one day, while very few or none were captured at the many other culverts we installed in that impoundment. The snook had been homing in on the chemistry of a specific site long before we arrived. We could not create a snook settlement site. They settled at the same relatively small site year after year at roughly the same time year. There were often may be miles between these valuable nursery sites. Not every mangrove and not every seagrass bed is a nursery site for these important fishery species. However, every mangrove and every seagrass meadow saturates with the prey for these species, mosquitofish, shrimp and pinfish. INDIAN RIVER COUNTY COMMISSIONS AND THE LAGOON: I worked for the Indian River County Commission of Alma Lee Loy and Bill Wodke as the first biologist to survey the natural resources of every spoil island in Indian River County. I am not sure, but I believe some of you were likely in high school, possibly even grade school at that time, 30-40 years ago. I knew, or was personal friends of Commission chairs over the years, Pat Lyons, Maggie Bowman, Fran Adams, Ken Macht, Ruth Stanbridge, Gary Wheeler and others working with them to protect and enhance the aquatic habitats and fisheries of this County and the Lagoon at large. This is the first Commission I have encountered that has ignored some of the best scientific evidence on aquatic ecosystems and fishery needs, at a time when it is critical for the survival of all our regional fisheries. It is also interesting to note that three of the County I02- commissions surrounding this County, from Brevard to Martin, have asked me to help them on the same fishery enhancement issues associated with habitat that my own home County, Indian River, has so readily ignored. You are very lucky you have a healthy ecosystem in at least the southern portion of this County that you, unfortunately, so steadfastly want to negatively impact. Permits were denied by Federal and State agencies on several occasions, but have recently been reversed due to political pressure. This is very difficult to understand, particularly when the value of essential fish habitat at Oslo has increased substantially because so much fishery habitat has recently been lost from one end of this Lagoon to the other. This loss not only affects the economy of local entities, but has interstate impacts. Tarpon leaving Indian River County nurseries join spawning adults in the Florida Keys that then migrate to Virginia. Last month I and my colleagues discovered additional seagrass meadow disappearance for several miles in Martin and southern St. Lucie County. Why does this Commission want to negatively impact through increased human boat traffic and use of Oslo Road, one of the last remaining major fishery nurseries for spotted seatrout, red drum, snook and tarpon? Why? I have asked that question many times and was always told by the commissioner questioned that he could not tell me. Can the Commission answer me now? i96 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: Edith "Edie" Widder, Ph.D., Co -Founder, Ocean Research & Conservation Association (ORCA) ADDRESS: 1420 Seaway Drive, Ft. Pierce, FI. 34949 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? PHONE: 772-467-1600 X YES YES YES X X NO NO NO Don't continue with Oslo Boat Ramp project ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: 41- (130-ull o J seph A. Baird d/11,61) Document2 Board Approved 11/7/06 191 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 O1' INDIVIDUAL OR ORGANIZATION: Steve Cox ADDRESS: 1908 37`h Avenue, Vero Beach, FI 32960 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION PHONE: 772-567-0522 YES YES YES x x x NO NO NO WHAT RESOLUTION ARE YOU Opposed to paving of road, removing mangroves for parking, and the REQUESTING OF THE COMMISSION? canal dredging portions of the project ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES X NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Joseph A. Baird Document2 Board Approved 11/7/06 192 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: Aaron Adams, Bonefish & Tarpon Trust ADDRESS: 805 46the Place East, Vero Beach, FL 32963 PHONE: 239-896-5055 SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Oslo Boat Ramp at the October 7, 2014 commission meeting YES YES YES x x x NO NO NO I request that the commissioners deny the proposed Olso boat ramp expansion project. I will limit my remarks to 3 minutes. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE No funds required. REQUIRED TO MEET THIS REQUEST? q YES x NO Transmitted to Administrator Via: Interactive Web Form x E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: '_&-l// Joseph A. Baird MEETING DATE: (/bctober 7, 2014 193 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization qr 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: David Cox, Ph.D. ADDRESS: 2044 14th Avenue, Suite 24, Vero Beach, FI 32960 PHONE: 772-564-0540 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES YES YES x x NO NO NO Against the Oslo Boat Ramp Project ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES x NO Transmitted to Administrator Via: Interactive Web Form X E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: iN3OLDd Joseph A. Baird Document3 Board Approved 11/7/06 194 1 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: Katie Tripp, Director of Finance and Conservation, Florida Save the Manatee Club ADDRESS: 500 North Maitland Avenue, Maitland, FI 32751 PHONE: 407-539-0990 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES YES YES x x x Stop the Oslo Boat Ramp Project NO NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES x NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR /42 (}) Joseph A. Baird MEETING DATE: Document4 Board Approved 11/7/06 195 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: Graham Cox ADDRESS: 1213 George Street, Sebastian, Fl 32958 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION PHONE: 772-388-5394 YES YES YES x x x WHAT RESOLUTION ARE YOU Stop the Oslo Boat Ramp Project OF THE COMMISSION? NO NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES x NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Qi4 „IQ- /[� Joseph A. Baird Document8 Board Approved 11 /7/06 196 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: Dr. Leesa Souto, Executive Director, Marine Resources Council ADDRESS: 3275 Dixie Highway, N.E., Palm Bay, Fl 32905 PHONE: 321-725-7775 SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION Oslo Boat Ramp YES YES YES x x x WHAT RESOLUTION ARE YOU Stop the Oslo Boat Ramp Project OF THE COMMISSION? NO NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR. c ! h . JP Baird MEETING DATE: /7/ Documen t I Board Approved I I/7/06 197 10.13. 10/9/2014 lO 1 LO4 PETITION—September 2014 — 2270 Signers in 13 Days STOP the destruction of Indian River Lagoon seagrass, mangroves and fish and manatee habitat at Oslo Road To: Wesley Davis, Indian River County Commissioner Joseph Flescher, Indian River County Commissioner Tim Zorc, Indian River County Commissioner Peter O'Bryan, Indian River County Commissioner Bob Solari, Indian River County Commissioner cc: John Miklos, St. Johns River Water Management District cc: Debbie Mayfield, State Representative cc: Thad Altman, State Senator cc: Joe Negron, State Senator cc: Tamy Dabu, U.S. Army Corps of Engineers cc: Larry Williams, U.S. Fish & Wildlife Service Rep. Patrick Murphy, Florida -18 Sen. Bill Nelson, Florida Sen. Marco Rubio, Florida Rep. Bill Posey, Florida -08 10/9/2014 Please STOP the destruction of Indian River Lagoon seagrass, mangroves and fish and manatee habitat at Oslo Road. We are calling on you today to halt the county's plans to dredge 210 feet of seagrass channel, remove 1.4 acres of mangrove habitat and pave the road at the Oslo Road Boat Ramp, adversely impacting irreplaceable lagoon habitat . We urge that you spend no public money to further pursue this unpopular and destructive project. You all value our world- class lagoon, and must act to protect it now. Hundreds of citizens, conservationists, fishermen, scientists, state and federal agency staff and others have told you that — The project will adversely impact essential fish habitat, our endangered manatees, seagrasses, mangroves and other invaluable lagoon resources that we are all striving to protect. The Oslo Road habitat — next to an aquatic preserve and bird rookery, and in a designated conservation and shellfish area — provides a wealth of ecosystem services. The Oslo Road area is in the largest manatee protected area in Indian River County and the US Fish & Wildlife Service found that the project would increase manatee deaths. The majority of offsite mitigation projects for wetlands have failed. This habitat can't simply be re-created elsewhere; according to the scientists it is truly irreplaceable. 0 1. 2 10/9/2014 There is no evidence that the channel was ever dredged out to the seaward extent of county - owned submerged lands, so the project will create a new and extended channel, which is prohibited by our county's official Manatee Protection Plan. The unpaved road has been there for 50 years, and the lushest, most highly productive seagrass beds in the county flourish right there: clearly, road runoff is not harming seagrasses, but paving the road with non -porous materials will. The present boat ramp is large enough to accommodate demand, and the county's own statistics show there is no increase in need for these facilities in Indian River County. Boat ramps at facility -rich Riverside and McWilliams Parks are less than 7 miles away. This proposed $1,000,000 project promises significant risk and harm to the lagoon we all value enormously, with little to no benefit. Please act on behalf of our county's taxpayers and the health of the Indian River Lagoon to terminate this project once and for all. Thank you. Statement to BCC re: Oslo Road While the Commission's position is to expand the Oslo Road launch area to make it available to more boat owners, the down side is that this requires dredging in the Lagoon and hard topping an expanded, contiguous parking area. These actions create conditions not easily reversed. While we are attentive to the positions stated by those in favor and those opposed, about the benefits and hazards of expanding the boat ramp, it is the irreversible nature of dredging and paving that is behind the Indian River Neighborhood Association's concern. We see the need for a time-out period, a postponement of undertaking any actions. IRNA recommends that a delay of a decision is the most reasonable next step in this controversy. A moratorium would allow time to see if there is a way to proceed that is agreeable to all sides. We're all residents of Indian River County. We're all neighbors. The IRNA suggests that this time be used to reopen a dialog, to talk about potential compromises and a way forward. Right now, the divisiveness of this issue is not helping anyone. Harsh words and anger will not solve this problem. But dialog and compromise just might. It is the IRNA's hope that there are three votes on the dais to move this forward, to call a ceasefire and to engage in peace talks. Together, sitting at the same table, perhaps we can find an equitable solution. Please, call this timeout so we bring our community back together again. And know that the IRNA stands ready and willing to assist you in this process. Thank you. 10-7-2_0p OSLO RAMP The Indian River County Historical Society has pictures of Mr. Wood's Fish House at the end of Oslo Road from 1914. All parties would agree that this is a pristine area. It became this way while being used by Fishermen everyday for the past 100 years. Indian River County residents have been enjoying the use of and protecting the area for the better part of a century before the environmental group decided they wanted the ramp all to themselves for canoes & kayaks. The storms in 2004-05 really changed the area and brought about the need to clean up the damage that was done by the storms and protect the area. This has always been a beautiful and well protected ramp and the county commission wanted to make sure it continued that way for all the residents of our county. Well! How do you do this. You start by continuing the things that has made it the great place it is and add in and observe all the new laws and criteria that, by the way, the environmentalist helped put in place. This has not been a project taken lightly and the Indian River County Commission has worked with all groups within the frame work of the Federal, State, and Local laws for seven years and altered the plan several times to appease the other side. Over the last seven years the counties plan has withstood all challenges either "As is" or with some changes. This plan will continue to protect the lagoon by removing the muck and silt which is detrimental to sea grass by way of suction not dredging, stopping the harmful runoff from the shell and marl road, turn around and parking area, which limits parking and has already limited the size boats that can launch by putting in a short ramp for smaller boats. What we have here is the environmentalist never believed anyone could meet all the hurdles and have resorted to scare tactics and outright fault statements and attacks. The counties plan has been upheld by all State, Federal, and local departments and agencies, and withstood the challenge of the court, showing the commission has done everything it could to help the lagoon; staying within the law. At this point, the plan to improve the health of the lagoon, allow all citizens access to the water and the law is on the side of the Indian River County commission. It would be remiss of the commission as someone that took an oath to uphold the laws to not move forward with this project. If they don't it would appear strictly political. The lagoon needs the improvements and there is plenty of room for the canoes and kayaks. I would ask the commission to move forward with this plan. Ralph Poppell 191.5 JACK G. JENNINGS, Administrator BOARD OF COUNTY COMMISNERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON 2145 14th Avenue Vero Beach, Florida 32960 • May 18, 1977 Mr. John F. Adams Department of the Army Jacksonville District Corps of Engineers P.O. Box 4970 Jacksonville, Florida 32201 Dear Mr. Adams: Please find enclosed the signed copies of the application for our Oslo Road Boat Ramp. Thank you for your help in this matter. LSTT:lh Enc. Sincerely, //` 014 L. S. "T tummy" Thomas, Intergovernmental Coordinator i91. L. 4i X0.1• ZoM x DEPARTMENT OF THE ARMY. JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. 0. BOX 4070 JACKSONVILLE, FLORIDA 32201 SAJOD-RP-C 7611-1351 Indian River County Board of County Commissioners a/o L. S. "Tole y" Moose County Inter$o eranental Coordinator Rom 115. County Court Bova Vero Vegalh. /loads 32960 Gentlemen: 11 clay 1977 We are inclosing the original and a copy of an unsigned Department of the Army Permit instrument. Both copies must be signed by the applicant in the space provided on the last page of the instruments. In the case of corporations, acceptance must be by an officer of that corporation. Type or print the name and title of the person signing below the signature and the date signed. This indicates that the applicant accepts the. provisions and conditions of the permit. SIGN AND RETURN BOTH THE ORIGINAL AND THE COPY TO THIS OFFICE. The original will be signed by the District Engineer and returned to you with a placard to be posted at the site. The Permit is not valid until it is signed by the District Engineer. 11 �1 Inc l Permit w/prt (in dupe) SAJ FL 573 13 May 76 Sincerely yours, C7'AIL G. GREN Ian Chief, Operations Division • i /a1c/2211 7. -"Tennant D. 0. FILES IN PERMITS SECTI0am8 SAJOD-RP-C owl DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. 0. BOX 4970 JACKSONVILLE. FLORIDA 32201 STATEMENT OF FINDINGS on Permit Application No. 76N-1351 Name of Applicant: Date of Application: Date of Public Notice: Authority: 11 May 1977 Indian River County Board of County Commissioners 13 December 1976 7 January 1977 Sections 10 and 404 1. Work: To construct a boat ramp with two appurtenant piers and a riprap groin and to excavate .in vicinity of proposed boat ramp. 2. Original plan, as described in public notice, was for construction of a vertical seawall type groin and extensive excavation and dredging that would have removed part of a productive wetland. 3. F&WS, by letter dated 18 January 1977, objected to the original proposal and work was subsequently revised as above. By letter dated 4 April 1977, F&WS stated that as a result of the changes they no longer objected to the proposed work. 4. Except for the Florida Game and Fresh Water Fish Commission, which essentially had the same objections as F&WS, no other objections were received in response to the public notice. 5. DER Permit/Certification No. 31-38-0414-4E was issued on 28 April 1977. 6. Since there are extensive grassbeds in the area (primarily Thallasia testudinum, but also patches of Halodule wrightii and Syringodium filiform) F&WS is still concerned about the impact boating would have on this resource. Mr. Tommy Thomas (agent for applicant) told the project manager that he is agreeable to F&WS's suggestion to place channel markers from boat ramp to IWW in order to minimize destruction of grassbeds. 1ry1 8 SAJOD-RP-C 11 May 1977 Statement of Findings on Permit Application No. 76N-1351 7. Conclusion: After reviewing all pertinent information, I have concluded that if a channel is marked from the boat ramp to the IWW in order not to disrupt the grassbeds, the proposed work will not have a significant impact on the environment or adversely affect navigation and is in the general public interest. Accordingly, a permit will be issued with a special condition requiring channel markers. Prepared by: Project Manager l ON A. WISDOM olonel, Corps of Engineers District Engineer ale too, (91 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. 0. BOX 4970 JACKSONVILLE. FLORIDA 32201 SAJOD-RP -C 76N-1351 MEMORANDUM FOR: THE FILE SUBJECT: Final Determination on the Need for an EIS on Above -Numbered Permit Application 11 May 1977 1. Upon receipt of subject application, the Project Manager made a preliminary determination that an EIS was not required. I have reviewed rhe entire record on the application which has been de- veloped by the public interest review procedures and summarized Ln the Statement of Findings on the application. 2. This review together with my own evaluation of the impact of the proposed work on the public interest leads me to conclude and make this final determination that issuance of the Permit would not significantly affect the quality of the human environment and is therefore exempt from the regi*irement for an EIS pursuant to Section 102(2)(c) of National Environmental Policy Act. DONALD A. WISDOM Colonel, Corps of Engineers District Engineer SAJ FL 604 18 Nov 74 • • United States Department of the Interior FISH AND WILDLIFE SERVICE P.O. Box 2676 Vero Beach, Florida 32960 April 4, 1977 District Engineer U.S. Army Corps of Engineers P.O. Box 4970 Jacksonville, Florida 32201 Dear Sir: This letter is in reference to application SAJOD-RP, 76N-1351, Indian River Board of County Commissioners, dated January 7, 1977. In our letter to you dated February 15, 1977, we listed several conditions that we believed should be incorporated into this permit. On March 28, 1977, Mr. Tommy Thomas, Indian River County Inter- governmental Coordinator, furnished this office with a revised drawing of the boat ramp, dock, and channel excavation area. This revised drawing is dated March 24, 1977. We feel that the county has incorporated the necessary changes in this permit application and, therefore, we no longer have any objection to the issuance of this permit. This report represents the views of the Department of the Interior. Please keep us informed of your actions on this permit application. Sincerely yours, ,/ • Jaserph/,U, CarrollJr. cc: Field Supervisor EPA, Atlanta, Ga. NMFS, St. Petersburg, Fla. • NMFS, Panama City, Fla. 41/ FG&FWFC, Tallahassee, Fla. 0jjallahassee, Fla. 1Ngjahassee, Fla. 2 A' At/t ta, Ga. U sr��e ^z 776-191 JACK G. JENNINGS. Administrator •OARD OF COUNTY COMMIS}NERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON 2145 14th Avenue Vero Beach, Florida 32980 April 1, 1977 Mr. Rudy Nyc, Project Manager Department of the Army Jacksonville District Corps of Engineers P.O. Box 4970 Jacksonville, Florida 32201 RE: SAJOD-RP-C 76N-1351 Dear Mr. Nyc: I am sorry that I failed to enclose the revised drawings in my previous letter. I have enclosed two (2) copies in this letter. In addition to the revision shown on these plans, we will be willing to remove the East Loading Dock if it interfers with any grass or mangroves. Sincerely, 21.141di L. S. "Tommy" Thomas Intergovernmental Coordinator LSTT:lh Enc. REUBIN O'D. ASKEW GOVERNOR . Poi STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ST. JOHNS RIVER DISTRICT 3319 MAGUIRE BOULEVARD, SUITE 232 ORLANDO, FLORIDA 32803 CERTIFIED MAIL 30938 Indian River County c/o Mr. L. S. "Tommy" Thomas Room 115 • County Courthouse Vero Beach, Florida 32960 Dear Mr. Thomas: Indian River County - D/F Indian River County c/o L. S. "Tommy" Thomas File No. 31-38-0414-4E March 29, 1977 OSJ-77-0627 JOSEPH W. LANDERS, JR. SECRETARY The Division of Environmental Permitting hereby gives notice of its intent to deny your application for permit/certification specified above pursuant to Chapters 403, 253, Florida Statutes, and Section 401, Public Law 92-500. Enclosed are copies of field evaluations and assessments concerning your proposed project. The Division is issuing this intent for the reasons stated below: Your proposal is to construct a 15 foot wide 36 foot long concrete boatramp. Flanking the proposed ramp is to be a 5 foot wide 36 foot long dock/seawall structure the north side of which is to be extented and additional 34 feet offshore to function as a breakwater. Additionally, an area 85 feet by 25 feet immediately waterward of the proposed ramp is to be excavated to a depth of -3.75 feet mean high water (-3 feet mean sea level) with all 200 cubic yards of spoil to be diked on uplands immediately adjacent to the proposed ramp. The proposed project will eliminate significant aquatic vegetation and habitat including, but not limited to, Spartina alterniflora, cirratulid polychaetes, amphipods, corridean shrimp, portunid crabs and ribbed mussels. These habitats play a significant role in maintaining a balanced ecosystem through nutrient uptake and recycling, stabilization_ of nearshore habitat and plant and animal communities and are of vital significance to maintaining the Indian River Aquatic Preserve A-9. Indian River County c/o Mr. L. S. "Tommy" Thomas March 29, 1977 OSJ-77-0627 Page two Based on the above, degradation of local water quality is expected. The specific State Water Quality Standards which are expected to be violated are: Turbidity - shall not exceed fifty (50) Jackson units as related to standard candle turbidimeter above back- ground. Furthermore, your project will result in the following effects to such an extent as to be contrary to the public interest and the provisions of Chapter 253, Florida Statutes: Reduction in the capability of habitat to support a well-balanced fish and wildlife population. Degradation of local water quality by reducing or eliminating the ability of surrounding wetlands to filter, stabilize or transform nutrients. You may wish to consider the following courses of action: Withdraw the application from processing by immediately informing this office in writing. Appeal the denial. Modify the proposed as suggested in the enclosed report. A final order of denial based upon the grounds enumerated above shall be issued unless a petition for hearing is filed as specified hereafter. Pursuant to Section 120.57, Florida Statutes, a person substantially affected by the intended agency action has the right to request an administrative hearing. At such a hearing, you have the right to be represented by counsel, to take testimony, to call or cross-examine witnesses, to have subpoena and subpoena duces tecum issued and to present written evidence and oral argument. If you wish to appeal, you must file an appropriate petition for a hearing pursuant to the provisions of Chapter 120.57, Florida Statues. This petition must comply with the requirements of Chapter 28-5.15, Florida Administrative Code (copy attached) and be filed with the tia4 ego Indian River County c/o Mr. L. S. "Tommy" Thomas March 29, 1977 OSJ-77-0627 Page three District Manager of. the Department of Environmental Regulation, St. Johns River District, 3319 Maguire Blvd., Suite 232, Orlando, Florida 32803. Petitions must be filed within fourteen (14) days of receipt of this notice and must be filed in accordance with the above provisions or they will note be accepted by the department. If you wish to modify the proposed project, please submit revised drawings immediately. If you have any questions, please contact this office. Sincerely, t- AS:skl. A. Senkevich District Manager Enclosures cc: .L'. S. Corps of Engineers/ St. Johns River Water Management District JACK G. JENNINGS. Administrator ri1530ARD OF COUNTY COMMISnNERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOV, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON 2145 14th Avenue Vero Beach, Florida 32960 Mr. Rudy Nyc, Project Manager Department of the Army Jacksonville District Corps of Engineers P. 0. Box 4970 Jacksonville, Florida 32201 Re: SAJOD-RP-C 76N-1351 Dear Mr. Nyc: March 28, 1977 In reply to your letter of February 25, 1977, I am sending the revised drawings which you have requested. I met with Mr. Joseph D. Carroll, Jr., of the Fish and Wildlife Service today and gave him a copy of the drawings. He has approved the drawings as revised and will be sending you a letter to this effect. We trust this will be all that is necessary to receive our permit for construction. If we can be of further assistance, please let us know. LST/ss cc: Mr. Joseph D. Carroll, Jr. DER - Orlando Sincerely, ]J: ' (2- L. S. "Tommy" Thomas Intergovernmental Coordinator �5�..5cr- 4144 SAJOD-RP-C 76N-1351 25 February 1977 Indian River County Board of County Commissioners c/o lir. L. S. "Tommy" Thomas County Intergovernmental Coordinator Room 115, County Court House Vero Beach, Florida 32960 Gentlemen: This is in reference to your application for a Departmet►t of the Army permit to construct a boat ramp, with two appurtenant piers, and a sea- wall in the Indian River near Vero Beach, Indian River County, Florida. On 17 February 1977 we forwarded letters from U. S. Fish and Wildlife Service and Florida Gane i Fresh Water Fish Commission commenting on the proposed work. We have now received the inclosed letter from Fish and Wildlife Service which supersedes their previous letter. If you accept Fish and Wildlife Service's recommendations, please submit revised drawings to this office. We cannot take any further action in processing your permit application until we receive a response to this letter from you. If you should have any questions, please call me at (904) 791-2211 or write to me at the address on the letterhead. In future correspondence, please refer to your permit application number, 76N-1351, to assist us in locating your file. Incl stated Sincerely yours, RUDY NYC Project Manager D. O. FILES IN ' rD 9i'i alc/2211 SAJOD-RP 76N-1351 17 February 1977 Indian River County Board of County Commissioners c/o Nr. L. S. Tommy Thomas County Intergovernmental Coordinator Room 115, County Court House Vero Beach, Florida 32960 Gentlemen: This is in reference to your application for a Department of the Army permit to construct a boat ramp, with two appurtenant piers, and a sea wall in the Indian River near Vero Beach, Indian River County, Florida. We have received the inclosed lettere from U. S. Fish and Wildlife Service and Florida Game 6 Fresh Water Fish Commission commenting on the proposed work. We cannot take any further action in processing your permit application until we receive a response to the inclosed letters from you. If you should have any questions, please call me at (904) 791-2211, or write to me at the address on the letterhead. In future correspondence please refer to your permit application number. 2 Incl As stated Sincerely yours. RUDY NYC Regulatory Branch db/2211 miaow United States Department of the Interior FISH AND WILDLIFE SERVICE' P.O. Box 2676 Vero Beach, Florida 32960 February 15, 1977 8 District Engineer U.S. Army Corps of Engineers It P.O. Box 4970 Jacksonville, Florida 32201 Dear Sir: r The Fish and Wildlife Service has reviewed the notice of application, SAJOD-RP, 76N-1351, dated January 7, 1977. The applicant, Indian River Board of County Commissioners, has requested a Department of the Army permit to construct a boat ramp with two appurtenant piers and a seawall. The project is located on the Indian River, near Vero Beach, Indian River County, Florida. Our comments are submitted in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). On January 18, 1977, this office forwarded you a letter requesting additional information on this project. On February 1, 1977, biologists from this office and the Florida Game and Fresh Water Fish Commission met onsite with Mr. Tommy Thomas, Indian River County Intergovernmental Coordinator, and discussed the project as planned including possible modifications. Most of the area designated to be dredged is vegetated by salt marsh cordgrass (Spartina alterniflora). Immediately north of the seawall location is a red mangrove and cordgrass area. The river immediately east of the work area is shallow, 2 - 3 feet mean low water (m.l.w.), and there are extensive beds of turtlegrass, Cuban shoalweed and red and green algae. .UTION Qt ‘,Z U -4 m o a2 0\ r?6-1916 i • These grass beds are extremely important in the productivity of the Indian River. They furnish feeding and nursery areas to many species of fish and invertebrates. Therefore, we believe the deepest route through this area should be marked in order to lessen propeller damage to grass beds. This does not suggest a c. -edged channel, but merely the marking of the best available route to the Intracoastal Waterway. At the proposed boat ramp location, there is an old channel which is about 75 -feet long and 15 -feet wide. This channel could be widened a little on the shoreward end and dredged to its original depth for loading and unloading boats. However, it would not be necessary to dredge an area as large (wide) as the one shown on the application. Just north of the proposed seawall is a rock rubble area covered by an oyster bar. At the onsite meeting, it was mutually agreed that the seawall should be replaced with a rock riprap breakwater. This would help prevent siltation of the channel and would also be a more desirable habitat. In conclusion, we recommend that this permit be conditioned as follows: 1. That the dredge area be limited to the old, silted channel with no dredging accomplished in the cordgrass or mangrove area. 2. That the breakwater be constructed of rock riprap. 3. That the best channel to the Intracoastal Waterway be marked with channel markers. This report constitutes the views of the Department of the Interior. Please keep us informed of your actions regarding these recommendations. CSi.cerely cc: EPA, Atlanta, Ga. NMFS, St. Petersburg, Fla. NMFS, Panama City, Fla. FG&FWFC, Tallahassee, Fla. DER, Tallahassee, Fla. DNR, Tallahassee, Fla. LWP, Atlanta, Ga. /(i Joseph D. Ca b'I' /Field Supervisor State of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT APPLICATION APPRAISAL PART ONE: On site inspection: X Yes No Date of Inspection: 2/10/77 By: Reese Kessler Permit Application No. 31-38-0414-4E Dated:.June 25, 1976 If revised, date of revision: 1/11/77 Applicants name: Awn; Rcg9m 115 County Courthouse f Vero Beach, Florida 32960 Location of project: Section 30 Township 33S Range 40E County Indian River Local references Oslo Road and Indian River Indian River County Project water d4' ndentt: X Yes .....„.... No Water classification of project area: III Water classification of adjacent waters: Purponofprojecr Boat ramp and related dredging A. Description of proposed project and construction techniques. Quantify area of project which extends into wetlands and/or waterward of the apparent mean high water line. The applicant proposes to construct a 15 foot wide and 36 foot long concrete boat ramp along the west shore of t1__ Indian River at the end of Oslo Road. The proposed ramp is to be flanked by 5 foot wide and 36 foot long docks/seawall. The seawall on the north side is to be extended 34 feet further offshore to form a breakwater. Additionally, an 85 foot by 25 foot area fronting the proposed ramp is to be excavated (200 cubic yards) to a -3foot MSL depth (-3.75 mean high water). All spoil is to be diked on uplands immediately adjacent to the proposed ramp. DER Form PERM 16-101Dac 76) Paps 1 of 6 1 q7 Z1 .1.4141 B. Biophysical features of general area (include comments concerning extent of deveiopement of adjoining properties). This area of the Indian River is Class III waters and an aquatic Pre- serve (A-9). Extensive mangrove swamps which are impounded by mosquito control occur on both shores of the river. Luxuriant grass flats are extensive throughout this area. Development is sparse and consists of mangrove swamp fills. As a result of mosquito control and development practices, only a narrow fringe of intertidal swamp/ marsh communities now exist. C. Biophysical features of specific project site (and spoil site when appropriate, include identification of bottom types). Oslo Road is a dirt facility which runs east -west and is an extension of.SR 606. The dirt road section is flanked by a low elevated oak - cabbage palm hammock and by an impounded mangrove swamp. The mangrove impounded areas have been drained and the open spaces have become meadows vegetated by Batis IE. and Salicornia sg. At the east end of Oslo Road, is the Indian River intertidal communities (Spartina alterniflora and Laguncularia racemosa) and open spaces occur along the shore (photo). Along the south s of the road and extending into the river is a ditch that measures 15 feet to 25 feet wide and approximately 2 feet to 3 feet deep. Along the south side of the ditch is a mosquito dike. The more riverward end of the ditch shore is vegetated by cordgrass (Spartina alterniflora). A tidal gauge and pipe extend approximately 100 feet off shore of the road (north side of the proposed boat ramp site). Ditch bottoms consist of silty mud and detritus and smell of hydrogen sulfide. Samples yielded no macroscopic organisms. Fiddler crabs were observed along the intertidal unvegetated areas and cirratulid polychaetes, amphipods, caridean shrimp, portunid crabs, ribbed mussels and sailfin mollies (Polcilia latipinna)were collected in the cordgrass and mangrove communities danes i- nunediate offshore area. The ditch extends into the river approximately 30 feet from the proposed ramp location and.is approximately 2 feet deep. Windrow marine algae and distritus have collected in the ditch. River bottoms immediately DER Form PERM 16-10 (Dec 76) Page of 5 Indian River County D/F I.. S. Thomas C. continued adjacent to the ditch are less than 1 foot deep and are vegetated by scattered patches of marine algae (Gracillaria). .River bottoms up to 1,000 feet offshore are less than 2 feet deep (no channel), consist of sand and are vegetated by dense intermittent bands of turtle grass (Thallasia testudinum). Patches of cuban shoalweed (Halodule wrightii)and manatee grass (Syringodium filiforme) were also pbserved. Spot samples in these areas included an abundance of amphipokis, xonthid, portunid and pagurid crabs, penaeid shrimp, gastropods' (Cerithiidae and Nassariidae)and polycharte egg cases and tubes. A clapper rail and a little blue heron were observed in the cordgrass marsh fronting Oslo Road. i eat D. Irri wt. ould of project ,nthese It icaI resources. Address longterm Inpact as well as immediate Impact. All aspects of proposal The proposed boat ramp will eliminate a portion (approximately 15 square feet) of a cordgrass marsh and the proposed dredging will eliminate a narrow fringe of cordgrass. Such projects in themselves are insignificant, however, the cumulative effect of several similar proposals can be great in relation to the already limited intertidal, vegetated communities. The marsh community serves as habitat and feeding groun4s, plays a role in nutrient cycles and stabilizes the shore. • E. Recommendation, with justification, concerning application. Include references to statutes, administrative rules, etc.. In accordance with Chapter 253.123 F.S., the proposed project should not be'approved. F. Suggestion concerning modifications to reduce or minimize impact where appropriate. 1. The proposed boat ramp should be relocated to the unvegetated area (south and west) in order to avoid the cordgrass marsh. 2. Dredging should not be necessary since the existing ditch bottoms are as deep as the offshore bottoms. 3. Only a dock on..the upland side of the ramp would be necessary. 4. The cordgrass marsh would form a natural breakwater 5. Navigational markers should be installed to 4 feet deep waters in order to confine the area of navigation and therefore lessen the disturbance to offshore grass beds. These modifications are made in light of the fact that Oslo Road is a narrow road with no parking facilities and that offshore arears are not deep enough for large boats. A 12 foot boat was launched during the inspection with -ho -difficulty at the site recommended in the suggested DER Form PERM 16-10 (Dac 76) Page 3 of 6 Modification. 9 1.2- K PART TWO PROJECT CONSTRUCTION OR OPERATION MAY CAUSE: 1. Increased rates of eutrophication In nearby bodies of water. 2. Reduced capacity of shellfish propagation and harvesting in receiving bodies of water. X 3. Interference with the ability of the habitat to successfully support fish and wildlife propagation. X'4. Interference with the ability of the habitat to successfully support fish and wildlife population. 5. Impaired management or feasibility of management of fish and wildlife resources. 6. Degradation of local water quality by reducing or eliminating the ability of surrounding wetlands to filter, stabilize or transform nutrients. 7. Discharged substances which settle to form putrescent or otherwise objectionable sludge deposits. 8. Floating debris, oil scum, and other materials, in amounts sufficient to be deleterious. 9. Discharged material in amounts which create a nuisance. 10. Discharged substances in concentrations or combinations which could be toxic or harmful to human, animal, or plant life. 11. Chlorides to exceed 250 mg/1 in bodies of freshwater. 12. Iorides to exceed 250 mg/I in groundwater because of a reduction in percolation due to increased rface runoff rates. „..„._13. Chlorides to increase more than 10% above normal in brackish or saline waters 14. i Copper residues to exceed 0.5 mg/I. .„15. 1 Zinc residues to exceed 1.0 mg/I 16. Chromium residues to exceed: 0.50 mg/I hexavalent; 1.0 mg/I total chromicm in effluent discharge; or 0.05 mg/l after reasonable mixing in the receiving waters.; „.,17. Phenolic -type compounds, calculated or reported as phenol, to exceed 0.001 mg/I.; 18. Lead to exceed 0.05 mg/1.; ,19. Iron to exceed 0.30 mg/1.; •,_...,.„20. Arsenic to exceed 0.05 mg/l.; -»21. Oils and greases in surrounding waters to exceed 15 mg/I. 22. Visible iridescent oil, resulting in objectionable odors and tastes which interfere with beneficial uses of the surrounding waters. ..».X 23. Turbidity to exceed 50 JTU as related to standard candle turbidimeter above background. „24. Dissolved oxygen to be artificially depressed below the values of 5 ppm. 25. Biological oxygen demand to exceed values which would cause dissolved oxygen to be depressed below 6 ppM or make the biological oxygen demand great enough to produce nuisance conditions. 26. Dissolved solids to exceed 500 mg/I as a monthly average, or exceed 1000 mg/i at any time. 27. Specific conductance of freshwater streams to be increased more than 100% above background levels or exceed 500 microhms/cm. 28. Cyanide or cyanates to be detectable in receiving bodies of water. 29. The pH of receiving waters to vary more than one unit above or below normal pH of the waters. 30. The lower pH value to be less than 6.0. 31. The upper pH value to be more than 8.5. ...... 32. Detergent levels in receiving bodies of water to exceed 0.6 mg/I. 33. Mercury to be detectable in receiving bodies of water. 34. Coliform counts to exceed criteria established (under Chapter 17-3, Florida Statutes) for the existing water classification in the project area. X DER Form PERM 18.10 (Dec 75) Page 4 of ti • 0 1 , . PART THREE If certification Is approved or waived, PL 92.500 requires that effluent limitations be specified as part of the certification. When applicable, specify: 1. Monitoring required of the applicant (include frequency). 2. Effluent limitations (i.e., those limitations established under Chapter 17-3, Florida Statutes, for particular water • classlfications as well as water quality standards). Be specific. PART FOUR • Recommendations for water quality control during construction. Completed by: !DER FORM PERM 16.10 Sh 5 of 5 12!75 Date: -.51.6(.c."-27 signature ' United States Department of the Interior FISH AND WILDLIFE SERVICE P.O. Box 2676 Vero Beach, Florida 32960 February 10, 1977 District Engineer U.S. Army Corps of Engineers P.O. Box 4970 Jacksonville, Florida 32201 Dear Sir: This is a request for time extensions on the following permit appli- cations: Jacksonville Electric Authority, 76Q-1136, dated January 7, 1977, time extension until March 7, 1977 (Shepherd). Florida D.O.T., 76Q-1282, dated January 7, 1977, time extension until March 7, 1977 (Shepherd). Indian River County Board of County Commissioners, 76N-1351, dated January 7, 1977, time extension until March 6, 1977 (Nyc). Canaveral Port Authority, 76E-1246, dated January 7, 1977, time extension until March 6, 1977 (Espinosa). Paul and Eleanor Weiner, 76J-1288, dated January 7, 1977, time extension until March 7, 1977 (Jackson). D.O.T. Georgia, 76U-1311, dated January 7, 1977, time extension until March 7, 1977 (Cantrill). Florida D.O.T., 76E-1242, dated January 7, 1977, time extension until March 6, 1977 (Espinosa). Dexel Management, Inc., 76E-1244, dated January 7, 1977, time extension until March 6, 1977 (Espinosa). UTIp Mrr. Harris Johnson, 76J-1207, dated January 7, 1977, time 1 ension until March 7, 1977 (Jackson). U ` -4 m , r?r6-i91 William Stachin, 76H-132, dated January 12, 1977, time extension until March 11, 1977 (Pruitt). Joseph Patinella, 76H-1362, dated January 12, 1977, time extension until March 11, 1977 (Pruitt). Paul, Jr. and Cora Van Helden, 76H-1257, dated January 12, 1977, time extension until March 11, 1977 (Pruitt). Thank you for your cooperation in this matter. Sincerely yours, Joseph D. Carroll, Jr. Field Supervisor cc: EPA, Atlanta, Ga. NMFS, St. Petersburg, Fla. LWP, Atlanta, Ga. 2 FLORIDA GAME AND FRESH WATER FISH COMMISSION RANDOLPH R. THOMAS, Chairman E. P. "SONNY" BURNETT, Vice Chairman HOWARD ODOM DONALD G. RHODES D.D.S. GEORGE G. MATTHEWS Jacksonville Tampa Marianna Satellite Beach Palm Beach DR. O. E. FRYE, JR., Director H. E. WALLACE, Deputy Director R. M. BRANTLY, Deputy Director Colonel Donald A. Wisdom District Engineer United States Army Corps of Engineers Jacksonville, Florida Dear Colonel Wisdom: FEB 07 1977 Re: SAJOD-RP 76N-1351, Indian River County Board of County Commissioners (D.E.R. File No. 31-38-0414-4E) The Bureau of Environmental Protection of the Florida Game and Fresh Water Fish Commission has reviewed this permit application received from the United States Army Corps of Engineers, dated 7 January 1977. Our comments are submitted in compliance with the Fish and Wildlife Coordination Act. The applicant proposes to construct a boat ramp and two appurtenant piers with seawalls, and to dredge an area immediately waterward of the ramp to -3 feet mean sea level in the Indian River at the east terminus of S.R. 606. Fill from dredging would be placed on the uplands. The project site is within Aquatic Preserve A-9. As proposed a portion of the dredge area includes a small stand of smooth cordgrass (Spartina alterniflora) adjacent to an old, silted -in channel excavated by the Indian River County Mosquito Control District. This channel extends approximately 50 feet into the river, and waterward of its terminus it is possible to navigate a small craft between the dense beds of turtlegrass (Thalassia testudinum) and Cuban shoalweed (Halodule wrightii) by heading east ani' then northeast. Depths in this's area vvary between 2 and 3 feet for a distance of approximately 600 feet from shore. To minimize adverse impacts which may result from this project, we recommend the following: 1. Dredging should be confined to the old channel bed and should not infringe upon the adjacent cordgrass. 2. The north dock should be aligned to avoid the mangrove- cordgrass island located immediately offshore. [ 97'x21 eilyy AND TRAK. 7TTAL SLIP ',miniROUTING 1 TOI C A ..c 777 �` INITIALS CIRCULATE GATE COORDINATION INITIAL! TILE DATE INFORMATION 3 INITIALS NOTE AND RETURN DATE PER CON • VENOATIDN 4 INITIALS SEE ME DATE SIGNATURE REMARKS // q n Ac `1Pi 15 fie RM ( 3 g 71N- /367 Do NOT use this form as a RECORD of approvals, concurrences, disapprovals, clearances, and similar actions FROM S AT/n8 1 PgeRe, 17:111-4-- DATE PNONE 1)-1133.6 OPTIONAL FORM 41 AucusT 1667 OSA FPMR (01CFR) 100-11.206 5041-101-01 *GTO: 1977.001.000 191.30 i4 Colonel Donald A. Wisdom Page 2 3. Rubble rip -rap should be used for erosion protection in lieu of the proposed vertical seawall. This will provide additional benthic habitat and greater stability for wave protection. 4. The required navigation path through the marine grassbeds should be well marked to prevent prop damage to these communities from boaters unfamiliar with the area. 5. A sign should be posted at the ramp warning boaters of the limited navigability of nearshore waters. If the applicant agrees to these stipulations, we would have no objections to the issuance of a permit. If we may be of further assistance, please do not hesitate to contact our office. Very truly yours, OEF/BB/rs 0. E. Frye, Jr. Director CC: Walter Wheeler Department of Environmental Regulation, Orlando • '1 • 1 'Ac * Field Report of Work under Public Notice //�� Date of Inspection c2. /i# 77 . Public Notice number?%7 �, N - /35/ dated 7014,..,--7 7 f • Applicant: -f NC'!/�a ICi ae,t Coo rd ([)o492eJ/ d Coonfly corh .01 . io.uPiPs • Waterway and location:-T""i;A,,, ;ULA . Instruction on how to get to site: S -C -7)„ d l , iVS, c e S- 3o; T-335; 1-$'6 . Description of existingi area and,sur oundings: ' itedeo el//oc''rnoS7 to CO el-AV.:45 . Existing work or work under construction: + d sur- (6-gissrlove) I. Impact of the proposed work on: a. Navigation: riel:I 6 D (1 T T 4 s p tl g Q,gf, f10;ce4A):A�d b. Wetlands: eS Rut �o,J d 1.411121 c. Submerged vegetation: A s 'A .) ���y �e• i 4 bfow„, {idle d. Existing shoreline: -c: Re) Aid 91es4Royvii. e. Surrounding areas: R eoi a a ec T;.5 4 A ud 4i:1011;4. y )u is 8. Is the proposed work compatible with the aesthetics of the existing surroundings? u S 9. Photos accompanying this report. / 3 - 40 le 4o RivoiedecA/i /# / iz lq J.,,te.67„.106,,J ag Nn6k a IILA - v"" tioV wiZA p . rQ art S cri-A4 c d de,h,41,2t.eema►k b PWWU124"/ .Tnspector s Si nature 10. Remarks: SAJ FORM 953 6 May 76 ars 01.33 • ;ASSeammolmmumwmplarr DATE: 2 February 1977 PHOTO BY: M. Slayton SUBJECT: 76N-1351 REMARKS: Looks west, southwest at 1647. T 8134 i./.6T 833 07.35 DATE: 2 February 1977 PHOTO BY: M. Slayton SUBJECT: 76N-1351 REMARKS: Looks west at 1647. 6t 83.d 2L6Z 833 (913 I0-1.1-pM 197.37 DATE: 2 February 1977 PHOTO BY: M. Slayton SUBJECT: 76N-1351 REMARKS: Looks west, northwest at 1647. LL6T 93J LLE3T 83d :'h.'..::1:uv'%M+'VATiiiiir u4.kWiy+,�'�.�i w j . 0 7 January 1977 76N-1351 Indian River County Board of County Commissioners c/o L. S. "Tommy" Thomas County Intergovernmental Coordinator. Room 115, County Court House Vero Beach, Florida 32960 Indian River, near Vero Beach, Indian River County, Florida at terminus of S. R. 606 in Section 30, Township 33 South, Range 40 East. To construct a boat ramp with two appurtenant piers and a seawall. Also to dredge with dragline in vicinity of proposed boat ramp, involving removal of about 200 cubic yards of material consisting primarily of sand. All of the dredged material would be placed on uplands and some would be used in boat ramp construction above the mean high water line. Facilities to be used by general public. not Rudy Nyc/ alc/2211 Docket: // f. -L. ?1 6 February 1977 i 17. 3 i SAJOD-RP c~ ' DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT. CORPS OP ENGINEERS P. O. SOX 4970 JACKSONVILLE, FLORIDA 32201 January '1977 PUBLIC NOTICE Permit Application No. 76N-1351 TO WHOM IT MAY CONCERN: This District has received an application for a Department of the Army permit pursuant to Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) as described below: APPLICANT: Indian River County Board of County Commissioners c/o L. S. "Tommy" Thomas County Intergovernmental Coordinator Room 115, County Court House Vero Beach, Florida 32960 WATERWAY & LOCATION: Indian River, near Vero Beach, Indian River County, Florida at terminus of S. R. 606 in Section 30, Township 33 South, Range 40 East. WORK & PURPOSE: To construct a boat ramp with two appurtenant piers and a seawall. Also to dredge with dragline in vicinity of proposed boat ramp, involving removal of about 200 cubic yards of material consisting primarily of sand. All of the dredged material would be placed on uplands and some would be used in boat ramp construction above the mean high water line. Facilities to be used by general public. AUTHORIZATION FROM OTHER AGENCIES: State Department of Environmental Regulation: Permit may be required; certification or waiver under PL 92-500 not required. Comments regarding the application should be submitted in writing to the District Engineer at the above address on or before 6 February 1977 If you have any questions concerning this application, you may contact Rudy Nyc , of this office, telephone 904-791-2211. .,_ PIN r,ncliail : n !I<.• tnarpnvt.'r 'fl tal 11t.q••:1 •\�•. n', ulp.ca•n t" U' i•' e' prO{':, l , r"Med /•t % '1.1 .•`.• rY ,'o ,;.,1; I:1 l':�{li'1 tl•''1 r.1111V' 11 tr.litl •1!nd t i •,f".•.','l .il i.. ,,o.5Il. it . �': {:r t,. �:1 n\� IT': J� 1!'� �.rl•.n! vl Cavil ,nrn±ntal 1.1 �ijiC the plan , !•,,!7-.1( "rt rl'' J _ rot drCrr, 7onyin� Lc;ion to te t)• -P urtrnunt that ncon•l,lcl,•dnnthprrnit.%i"s k 'v` D N JUL 1%1 1974 IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an environmental impact statement will not be required. Coordination with U. S. Fish and Wildlife Service, Environmental Protection Agency, the National Marine Fisheries Service and other Federal, State and local agencies and environmental groups generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area. IMPACT ON CULTURAL RESOURCES: Review of the latest published version of the National Register of Historic Places indicates that no registered properties or properties listed as eligible for inclusion therein, are located at the site of the proposed work. Presently unknown archaeological, scientific, prehistorical or historical data may be lost or destroyed by the work to be accomplished. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact of the proposed activity on the public interest. That decision will reflect the national concern for both protec- tion and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to. the proposal will be considered; among those are conservation, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use classification, naviga- tion, recreation, water supply, water quality, and in general, the needs and welfare of the people. No permit will be granted unless its issuance is found to be in the public interest. FOR THE DISTRICT. ENGINEER GAIL G. GREN Chief, Operations Division 2 PROPERTY LINE PROPOSED BOAT RAt1P E3 DOCK • iy • D v NORTH • 3.5 MILES TO VERO BEACH N S.R.606 7C Ai.- /35! Sit NORTH\ v. Z f• < (PROJECT LOCATIO J G 1• VICINITY MAP 6" SE A4A .i.�t1,L� •' o 067' PROPERTY 1 OD' 5k• NOTES: 1E) LINE PLAN .ti ;SCALE IN FEET MATERIAL TO BE REMOVF•.D TO ELEVATION -3,00 M,S.L., AND USED AT BOAT RAMP AREA. APPROXI- MATELY -3,000 C.Y. OF SAND WILL DE EXCAVATED BY DRAGLINE. j Z Q SCALE IN MILES FROM: INDIAN RIVER CO. ROAD MAP —SEAWALL +4,00— +2.00±-- -1-0.75MHV. +0.06 M LW n 1_12"CRESOTE POST B'MIN. PENETRATION 1 SCALE IN FEET SECTION A -A 3.00 — A 1K '9 SCALE -IN-FEET FLOORING 8 SEAWALL PURPOSE : PUBLIC BOAT LAUNCHING A DOCKING DATUM; MEAN SEA LEVEL ADJACENT PROPERTY OWNERS= Ip ARCHIE SMITH V JULIAN .LOWENSTEIN + 6.00 + 4.00 +0.75 MHW— t 0.06MLW — 2.00 ---- 3.0 0 --- PROPOSED LAUNCHING RAMP a DOCK IN INDIAN RIVER NEAR VERO BEACH COUNTY OF: INDIAN RIVER STATE': FLA. • APPLICATION DY: BOARD OF COUNTY COMMISSIONERS REVISED 12/13/76 191.0' D'-° /4'7/ Ij cS S 2 � Honorable Roubin Askew Governor of Florida ATTN: Kon Woodbury The Caottol Tallahassee, Florida 32304 Honorable Lawton Chiles U.S. Senate Washington, D. C. Senator Lawton Chiles Federal Building Lakeland. Florida 33801 Councilwoman Virginia B. Corkran 735 Eighth Street, South Naples. Florida 33940 State of Florida Information Systems Manager Division of State Planning 660 Apalachee Parkway Tallahassee, Florida 32304 State Department of Environmental Regulation 2562 ^.xocutive Cantor Circle, East Montgomery Building State Department of Environmental Regulation 2562 r.xecutive Center Circle, East Montgomery Building Tallahassee, Florida 32301 Canal Authority of the State of Fla. d03 Rosselle Street Jacksonville,Florida 32204 .zJyY At/ i cs.14- CJ eat /4 Td!gJ ,A5 State Department of Environmental Regulation 2562 ExecutiveCenterCircle, East Montgomery Building Tallahassee, Florida 32301 State Department of Environmental Regulation AT'TN: Jim Rabe 3426 Bills Road Jacksonville, Florida 32207 Florida Game & Fresh Water Fish Comm. P.O. Box 1840 Vero Beach, Florida 32960 State Department of Environmental Regulation 2562 axeeutive Center Circle, East Montgomery Building Tallahassee, Florida 32301 State Department of Environmental Regulation P. U. Box 9205 Winter Haven, Florida 3388D Florida Department of Transportation Heydon Burns Bldg. Tallahassee, Florida 32304 Commander (M) Seventh Coast Guard District 51 S. W. 1st Avenue Miami, Florida 33130 Chief outheast Archeological Center National Park Sorvico P.o. Box 2416 Tallahassee, Florida 32304 117 23 Director. Southea%t R.81119"' National Park•Servlco•.f .- 1895 Phoenix Blvd. Atlanta, Georgia 30349 Commanding 'lfficer, Ser$ern Div. Naval "acuities Enginejrirg;ymeand P.U. Box 10068 Charleston,. S.C. 29414. Commander (oan) 7thCoaat Guard Distriet 51 S.W. Lst Avenue Miami, Florida 33130 Commander loan). 7th: Coast Guard:District. 51 S. W. 1st Avenue. Miami, Florida: Dept. of Natural Resources Bureau of Beaches and Shires. Room 510, Larson Building... Tallahassee, Florida 32304 Field Supervisor Bureau of Sport Fisheries & Wildlife P.O.. Box 2676 Vero Beach,. Florida 32960 Direetor Division of Archives History & Record Manapgspt 401 East Gaines Tallahassee 32304. National Marine Fisherlis Service Atl. cstuarinc Fisheries Canter Beaufort, N.C. 28516 .U11/ (cf./ DO- 4,00 Superintendent Everglades National Park Box 279 Homestead, Florida 33030 Regional Director, SE Region Fish & Wildlife Servioe 17 Executive Park Drive, N. E. Atlanto, Georgia 30329 Florida State, Department of Business Regulation Div. of Florida Land Sales P.U. Box 4448 Tampa, Florida 33607 1 National Marine ,'Fisheries Service U.S. Dept., of Commerce, NOAA 9450 Gandy Blvd. St.. Potora. urg. Florida. 33702 Florida tuiubon Socioty P.O..Urawer 7' Maitland, Florida. 32751 Florida Dept. of Natural Resources Room 626 Crown Bldg. Tallahassee, Florida 32304 Florida Marine Welcome Station Intracoastal Naterway & Atlantic P.O. Box 1006 Fernandina Beach, Florida 32034 Regional Director, SE Region Fish & Wildlife Service 17 Executive Park Drive, N. E. Atlanta, Georgia 30329 Division Rngineer, ATTN: SADKO U.S. Array ^:n,:inoar Div. S. Atlantic 510 Title building 30 Pryor St.. S.W. Atlanta, Oa. 30303 Postmaster Dunedin, Florida 33528 Commanding Officer c/o Public Works Officer Mayport Naval Station Mayport, Florida 32228 Chief. Marine Chart Division U.S. Dept. of Commerce. NOAA Attn: C322 6•J01 i .xecutive Boulevard Rockville, Maryland 20852 Mr.. Dale Walker 620 South Meridian Tallahassee ,florida 32304 Director Division of Health Mato of Florida Department of Health end itenabilitative Services Box 210 1 Director, Fish 4 wildlife Service. Departnent of the Interior Interior Building Washington. D.C. 20240 1 Mr. Kevin L. Erwin Deportment of Environmental Regulation 2180 west First Street Fort Myers. Florida 33901 / Dfry.' l et i. 2 iO•1• Lb11 Mr. Charles M. Sanders Division of Resources Management Dept. of Natural Resources Crown Building Tallahassee, Florida 32301 Allan Schugeld, NOAA (CAM03) Atlantic Marine Center 439 W. York St. Norfolk. Virginia 23510 Honorable C. W. Bill Young House of Representatives Washington, D. C. 20516 Director, Defense :tapping Agency ATTN: Code N 512 HydroRraphio Center Washington, D C. 20390 American Marine, Inc. 427 Br1chtwaters Dr. Cocoa Bench, Florida 32931 American Marine Consultants 7409 S. Indian River Drive Ft. Pierce. Florida 33450 Nr. McVey F. Ward The A:roricon Naterwaya Operators. Inc. 1U20 Whitney Building New Orleans, La. 70130 Contain C.D. Phillipe Amoco Shipping Co. P.U. Box 8368 Chicag:, Ill. 60680 Aqua -Tech. Inc. P.O. Box 116 Lebanon, Ct. 06249 Atlantic. Gulf and Pacific Co. P.U. lox 18505 Tampa. Florida 33609 Automatic Power Division Pennwalt Corporation P. O. Box 18738 Houston, Texas 77023 Aztec Construction Company 1331 gest Central Blvd. Orlando, Florida 32805 Banana R. Marine Service 1360 Banana River Dr.S. Merritt Island. Florida 32952 Mr. Howard S.Banta 236 Fern Drive Orange City, Florida 32763 J..Frederic Blitstoin, Inc. Environmental Planners 2135 Sevilla Coral Gables,Ftorida 33134 Blue dater Marino Supply, Inc. P. U. Box 5457 Houston, Texas 77012 1 1 Bureau of Land Management New Orleans OCS Office Hale Boggs Federal Building Suite 841 New Orleans, Louisiana 70130 Dick Bussard Box 1949 Jacksonville, Florida 32201 Circle, Inc. Rt. 1 Box 701 Belle Chasse, La. 70037 Cleary Brothers Const. Co. a Box 2789 West Palm Beach, Florida 33402 Coastal t Oceanographic Engineering Laboratory 440 Weil Hall University of Florida Gainesville, Florida 32611 Coastal 7.ngineering Research Center Kingman Building Fort Belvoir. Virginia 22060 Concrete Sciences, Inc. 5061 S. W. 36th Street • Ft. Lauderdale, Florida 33314 The Conservation Foundation AttN: Mr. John Clark 1717 Massachusetts Ave., N. W. Washington. U. C. 20036 (97-''4, Construction Products. Ino. P. 0. Box 3289 Jackson. Tennessee 38301 Continental Dredging, Inc. 14610 Roy Road P. 0. Box 176 Pearland, Texas 77581 John W. DuBose, PLS Consulting Surveyor P. 0. Box 3360 Tallahassee, Florida 32303 Dunbar Sullivan Dredging Co. 22720 Michigan Avenue Dearborn, Michigan 38124 Continental Shelf Associates. Ino. Eastern Seaboard Petroleum Co. P.U. Box 3636 P.O. Box 3233 Tequesta, Florida 33458 Jacksonville. Florida 32206 a Culvert Manufacturing Co. Defense Fund P. 0. Box 457 1525 Ldth Street, N. W. Pinellas Park, Florida 33565 Washington. D. C. 20036 Delta Engineering Co. 5511 40th Street Tampa, Florida 33610 Ronald R. Brooks Department of Environmental Regulation 8J6 South 6th Street Fort Pierce, Florida 33450 1 Dravo Corporation, GCD ATTN: F. E. Wilson P. U. Box 12405 Pittsburgh, Pennsylvania 15231 Dredgeast, Inc. P. 0. Box 206 New Canaan. Connecticut 06840 ay11/ ea I, 24 Environmental Protection Agency ATTN: Mr. E. T. Heinen Ecological Review 345 Courtland Street Atlanta, Georgia 30308 Director Environmental Information Center 935 Orange Avenue Winter Park, Florida 32789 Feeco International, Ino. i Route t 3913 Algoma Road Green Bay, Wisconsin 54301 Fish and 'Wildlife Service Marine Sciences Bldg., Room 418 University of Puerto Rico Mayaguez, Puerto Rico 00708 9 '1 07. 4? Gee & Jenson Consulting Engineors, Ino. 2019 Ukeechoboe Blvd. West Palm Boech,Floridn 33401 Mr. F. W. Geisendorff Exxon Company, U.S.A. P. O. Box 61812 New irteans, Louisiana 70160 Great Lakes Dredge & Dock Co. 110 Nest Road Towson, Maryland 21204 Great Lakes Environmental Marine 39 South LaSalle Street Chicago, Illinois 60603 Gulf Atlantic Transport Corp. P.O. Box 4908 Jacksonville, Florida 32201 Mr. Paul M.Hammer Coordinator of Operations American Instituto of Merchant Ship 1625 K Street, N.W. aashington. U.C. 20006 The Hardaway Company P.O. Box 19097 Tempa, Florida 33616 Hendry Corporation 5107 S. nestshore Blvd. Box 13228 Tampa, Florida 33611 OW It I ('a-1' 0 2¢ •1 Mr. Dick Holland The Miami News P.O. Lox 6l5 Miami, Florida 33152 Holt Marine P. 0. Box 763 a Milan, 'Tennessee 38358 Houda11Ie-Duval-Wright Company P.O. Box 1588 Jacksonville, Florida 32201 Mr. Ross Houston Eastern Surfing Association ' 1 053 North Bay Road Miami Beach, Florida 33140 Nancy 0. Huntsman Post Office Box 37 Matlecha, Florida 33901 inter -Bay Marine Construction Co. 7950 118th Avenue, North Largo, Florida 33540 4r. Jack Stewart, Bus. Reprosentative International Union of *aerating Engrg Marine Division Local 925 2104 S. Lois Avenue, Suite 923 Tames. Florida 33609 Jehncke Service, Inc. 4[01 Division St. P.O. Box 7616 Metairie, La. 70011 1. 9. Mr. Thomas 0. Lawton, Jr. 1426 Riverside Drive Indialantic, Florida 32903 Layne Dredging Co. 1920 East Beach Blvd. Hallandale. Florida 33009 Leake's Boal Yard, Inc. 7190 Evergreen Avenue Jacksonville, Florida 32208 Lykes Brothers Steamship Co. Chart R Radio Section. Marine Div. 300 Poydras Street New Orleans, La 70130 Leesburg Bolting Club, Inc. P.U. Box 1043 Leesburg. Florida 32748 S.C. Loveland Co., Inc. 320 Walnut Street Philadelphia. Pa. 19106 Madeira Bead Branch 15019 Madeira Way St. Petersburg, Fla. 33738 MacDonald Marine Construction c/o Joe MacDonald 2212 South Front Street Melbourne. Florida 32901 Manasote-88 c/o Betty Rushton 251 Cedar Park Circle Sarasota, Florida 33581 Marion gngineering. Assoc., Inc. P. 0. Box 633 1759 S. W. 12th Street Ocala, Florida 32670 M -B Construction Company 43 Quail Court, Suite 6 Walnut Creek. California 94596 McHugh # Son Dredging Contractors 8791 64th Street Pinellas Park, Florida 33565 Mr. John L. Mc0uigg P.O. Box 1408 Stuart, Florida 33494 Merritt Dredging Company P.O. Box 3288 Charleston. E. C. 29407 Jack A. Morgan Sun Oil Company P. 0. Box 1501 Houston, Texas 77001 Morrison-Knudsen Co. 777 Post Rd. Daaien, Conn 06820 197'`1' fiN The Murphy Construction Co. 1630 Clare Ave. P.O. Box 3768 West Palm Beach, Florida Director, National Ocean Survey ATTN: CAM -03 439 West York Street Norfolk, Virginia 23510 Director, Atlantic Marine Center National Ocean Survey ATTN: CAMO3 439 West York Street Norfolk, Virginia 23510 National Wildlife Federation 1412 16th Street,N.W. Washington, D. C. 20036 New H`.ver ?!,chhlnir Center, Inc. ATTN:i.'ean Dario Oacchiccchi 2965 atateRoad 04 Ft. Lauderdale, Florida 33312 Norfolk Dredging Company P.O. Box 539 Norfolk, Virginia 23501 North American Trailing Company Suite 2020 228 N. LaSalle Street Chicago, Illinois 60601 1 Ocean Construction & Engineering Report P.O. Box 19247 Houston, Texas 77024 _De 4if cwt Ocean Oil Weekly Report Box 1941 Houston, Texas 77001 Organized Fishermen of Florida 4507 99th Street, West Bradenton, Florida 33`77 Outboard. Inc. 6424 Arlington 4xpressway Jacksonville, Florida 32211 Outboard Marine Corporation 1067 Tenth Avenue, South Naples, Florida 33940 Outrigger Marina, Inc. 1950 N.E. 135th Street North Miami. Florida 33161 Mr. George Forsch 2333 N.E. 24th Street Pompano, Florida 33064 Mr. Melvin Jones OUIKHETE of Florida P. 0.Box 778 Eaton Park, Florida 33840 Dr. Agustin A. Recio Mr. Alexander F. Styne 15206 Northeast 8th Avonue Miami, Florida 33162 k1 -go Mr. T.B. Hutcheson Asst. Vice President Seaboard Coast Line Railroad Co. 500 Mater Street Jacksonville. Florida 32202 Parkhill-3oodloe, Co., Inc. Mr. James D. Ooodloe P.U. Box 8707 Jacksonville, Florida 32211 Pillsbury Dredging Co., Inc. Rt. 3 Box 430 Palmetto, Florida 33561 Mr. C. 0. Reinhart P. 0. Box 501 Palm City. Florida 33490 Robert M. Rhodes Thompson, Wadsworth. Messer. Turner, & Rhodes P. 0. Box 1876 TellahassP'. Florida 32302 Mr. Joseph R. Roach 5354 Shadowlaen Drive Sarasota, Florida 33581 Rockwell Engineering Co., Inc 13500 S. Western Avenue Blue Island, Illinois 60406 Mr. Douglas M. Roes 538 Pangola Drive North tort dyers. Florida 33903 oje, # OCa-f h 24- 60 460 Mr. Robert A. Routa Environmental Consultant 801 Barnett Bank Bldg. Tallahassee, Florida 32302 Ms. Dorothy Eaton Sample 200 Sunset Drive, South St. Petersburg.Florida 33707 1 Captain Edward C. Savage See-LandService, Inc. Jacksonville. Florida 32206 1 11 Scott Industries P.O. Box 15048 Sarasota, Florida 33579 Sherman Shipyard, Incorporated P. U. Box 609 Panama City, Florida 32401 Shoreline Dredging & Const. Co. 33 w. Ashley Street Jacksonville. Florida 32202 Simplex Corporation 9545 Katy Freeway. Suite 105 Houston. texas 77024 Skelly Oil Company P.O. Box 51367 OCS Lafayette. La. 70501 191.5) Miss Dena Snodgrass KiplingorFiorida Letter 3680 Hedrick Street Jacksonville, Florida 32205 Spearmanh(nrine Construction,Inc. 1460 53rd Street Mangonia Park West Palm Beach, Florida 33407 Standard Dredging Corporation 2 East Fayette Street Baltimore, Maryland 21202 Stroud Diving & H,vdrography, Inc. 3542 Morton Street Jacksonville, Florida 32217 Division of Surface (Bator Suwannee River Water Management ATTN: Mr. Richard Musgrove P. 0. Drawer K White Springs, Florida 32096 Mr. James V. Swift, Business Manager The Waterwaya Journal 319 North Fourth Street 666 Security Bldg. St. Louis, Missouri 63102 Mr. Tom Tennesen Outdoor Resorts P. 0. Box 1116 Jensen Beach, Florida 33457 Theta Analysis, Inc. 2100 Olive Road Pensacola, Florida 32504 / 4 CcCt 1 i.e. Tideland Signal Corporation ATTN: Victor 0. Taylor Bradley Creek Point Wilmington. North Carolina 28401 Tropical Audubon Society Attn: Charles Lee 1()15 N. W. lOth Place Miami, Fl 33169 Uniroyal, Inc. ATTN: Mr. W. D. Cambron 312 N. H:11 Street Mishawaka, Indiana 46544 United McGill Corporation 3300 Buckeye Road Suite 306 Atlanta, Georgia 30341 Mrs. Suzanne Walker Dept. of Environmental Regulation 9721 -.xeautive Center Drive, North St. Petersburg, Florida 33702 Waterway Guide P.O. Box 1486 Annapolis, Maryland 21404 William H. Wilcox Environmental Quality Laboratory, Ino. 59J U.N.n. Oloan Blvd. Port Charlotte. Florida 33952 7 ti 117.51 Mr. Robin Fletcher Dept. of Environmental Regulation 2562 nxeoutivo Center Circle, East Montgomery Building Tallahassee, Florida 32301 Florida Audubon Society P.U. Drawer 7 Maitland, Florida 32751 Florida Gas Transmission Co. P.U. Box 44 Winter Park, Florida 32789 Florida Portland Convent Co, P.U. Box 22348 Tampa, Florida 33622 Environmental Planning Florida Power& Light Co. P.O. Box 31(0 Miami, Florida 33101 General Engineering Florida Power & Light Co. P.O. Box 3100 Miami, Florida 33101 Robert R. Finley P.O. Box 1484 Tampa, Florida 33901 Mr. W. V. Fitzgerald Nickel Alloy Marketing Manager 4etal ;Dods Div. Alcan Aluminum Corp. dd00 Page Blvd. St. Louis, Missouri 63114 Dwg/ 4 2¢ V Mr. Joseph Z. Fleming 620 Ingraham Blvd. Miami, Florida 33131 The Florida Trend P.O. Box 2350 Tampa, FI 33601 Foster Marine Contractors, Inc. ATTN: Av. Hoyt C. Foster 803 Lucerne Circle Ormond Beach, Florida 32074 Foster Marine Contractors, Inc Suite 211 Drummond Bldg. 201 N. Federal Hwy. Deerfield Beach, Florida 33441 Mrs. R. W. Furman Post Office Box 9201 Jacksonville, Florida 32208 Gi.iagen Dredging Assoc. 939 Ripley Lane Oyster Bay, N. Y. 11771 Gary Concrete Products P. 0. Box 8272 Savannah, Georgia 31402 Gator Culvert Co. c/o Joe McCloskey P. 0. Box 2135 Sanford, Florida 32771 yi 0143 Cat American Tel & Tel. Co. 255 5. Orange Ave Suito 1266 CNA Bldg. Orlando, Fl 32801 Mr. Gary Armstrong Corel Ridge Properties 9500 W.Sample Road Coral Springs, Florida 33065 Honorable L. A. "Skip" Bafalis House of Representatives Washington, D. C. 20516 Belcher Towing Company P.O. Box 1751 Miami, Florida 33101 Belle Glade Herald 425 S. Main St. Belle Glade, F1 33430 Mr. R. M. Berg Indian River County PianningDept. 2121 14th Avenue Vero Bosch, Florida 32960 • Mr. Gino Boromir P.U. Box 951 Okeechobee, Fl 33472 John C. Brooks 3050 Sunriao Boulevard Fort Pioro°, Florida 33450 red ,/0 la pt i 99 Central & Southorn Florida Flood Control District P.U. Box V West Palm Beach, F1 33402 Coordinator, Coastal Coordinating Council_ 3U9 office Plaza Dr. Tallahassee, F1 32301 Coral Ridge Yacht Club P.O. Box 4299 bt. Lauderdale, F1 33304 Courier Highlights ATTNs Ives M. Cary P. 0. Drawer 1486 Jupiter, Florida 33458 Crabtree Construction Co., Inc. P.O. Box 8195 West Palm Beach, Florida 33407 Dancro Corporation c/o James E. Cutshaw P. 0. Box 9762 Riviera Beach, Florida 33404 Mr. Francis T. Drumm 77 W. Washington Street Chicago, Illinois 60602 Mr. James 0. Duane, Exec. Director Central Florida Regional Planning Council P.O. Box 2087 Bartow, Florida 33830 It l: Mr. Perry E. Duke Officer in Charge Pahokae, F1 33476 Mr. Carl Erickson, President Organized Fishermen of Florida Box 464 Port Salerno, Florida 33492 Ebsary Foundation Co. 2154 N. N. North River Drivo Miami, Fl 33125 East Coast Cruising Association P. 0. Box 2054 Satellite Beach. Florida 32937 73 Florida East Coast Railway Company 41 B.G. Hudson, Chief Engniner P.O. Drawer 1048 St. Augustine, Florida 32084 1 Mrs. Virginia R. Forrest New Hope, Pa., 18938 Mr. Aaron Dowling. Director of Environmental Planning E. Central Fla Regional Planning Coun 1011 Nymore Road, Suite 105 Winter Park, Florida 32789 Mr. George S. Ewing 1017 Terrace Rd. Stuart, FI 33494 Mr. J. T. Giireath, Dist. Oprns Mgr. A. T. & T. Co. Suite 1266 CNA Tower 255 South Orange Ave. Orlando. fl 32801 Florida Coastal Engineers. Inc. 10695 Beach Blvd. Jacksonville. FI 32216 Florida Inland Navigation Dist. 2725 Avenue E Riviera Beach, F1 33404 Foundations of Florida, Inc. P. U. Box 15972 Tampa. Florida 33614 Mr. Richard D. Freseman 12877 S. Shore Dr. Lake Park, FI 33403 Mr. Clifford Guillet. Exec Director E. Central Fla Regional Planning Coun. 1,)11 ilymore Road, Suite 105 Winter Park, Florida 32789 Mr. Joseph S. Haines 760 E. Prima Vista Blvd. Port St. Lucie, Fla 33450 Howard Boat Works, Inc. 633 Ballough Road Daytona Beech, Fl 32014 1 91 SS li Ms. Maggy Hurchalla Rt. 1 Nassau Rd. Stuart, FL 33494 Assistant Director of Operations Planning and Relocation Branch Jacksonville Area Office, HUD Peninsula Plaza, 661 Riverside Ave. Jaclksonvllle, Florida 32204 Indian Rivor Marino Basin, Inc. 2222 S. Front St. Melbourne, Fla. 32901 Alfred H. Inman. Jr. Inc. 5 Interlaken Road Orlando. Florida 32804 Mr. Bruce C. Jotter 3994 S. W. 12th Terrace Ft. Lauderdale, FL 33315 Jupiter Fisherman's Marina 1133 Alt. ALA Jupiter, FL 33458 Jupiter Inlet District P.O. Box 73 Jupiter, FL 33458 1 a Dr. Herbert W. Kale II 35 1st Court S. W. Vero Beach, F1 32960 Peter Kiewit Sons' Co. P. 0. Box 1375 Jenson Beach, Florida 33457 Mr. Thomas J. Leonard, Dir. Plan & Zone P.O. Box 626 Stuart, F1 33494 The I,aah'',alton League of America Martin County Chapter P.O. Box 1873 Stuart, F1 33494 Martin County Press Service Box 130 Stuart, FI 33494 Mr. J. B. McCrary, Engineer Rt. 1, Box 9 350 W. Arroyo Clewiston, Florida 33440 Capt. H. C. Morgan, Jr. P.U. Box 2564 Titusville. FL 32780 Town of Jupiter Island Captain H. C. Morgan Mr. Robert F. Vando Woghc, Town Mgr. Post office Box 2564 P.U. Box 7 Titusville, Florida 32780 Hobe Sound. F1 33455 3 it Nassau Land & Building, Inc. 1030 Fairview Lane Riviera Beach, Florida 33404 Survey and Management Biologist Department of Natural Resources Post Office Box 2564 Titusville, Florida 32780 Mr. Jack R. Noble P.O. Box 626 Stuart. Fl 33494 Honorable Sam Nunn United Staten Senate Washington, D.C. 20510 Okeechobee Waterways Assn. P.O. Box 1255 Ft. Myers, Fl 33902 Outside Plant Engineer P.O. Box 5567 Fort Lauderdale, F1 33310 Palm Beach Daily News 204 Brazilian Ave. Palm Beach, F1 33480 Palm Beach Times • f 2751 S. Dixie Hwy. West Palm Beach, F1 33405 1 Mr. M. A. Ruth, P.E. c/o Palm Bench tjores Property Owners 247 Edwards Lane Palm Beach Sshores, F1 33404 Patrick Yacht Club P.O. Box 4065 Patrick AFB. Florida 32925 Pirates Cove Marina P.O. Box A Port Salerno. F1 33492 Postmaster Main Facility Window Service Ft. Lauderdale, F1 33310 Postermaster 1717 Orange Ave. Fort Pierce. F1 33450 Postmaster 55 Rioou Road Jensen Beach, Fl 33457 Postmaster Stuart. Olorlda 33494 Powell Brothers, Inc. P.O. Box 281 Ft. Lauierdalc. Florida 33302 taa Prosperity Dredging Co., Inc. P. 0. Box 12425 Lake Park, Florida 33403 Captain R.R. Putdom 4317 North Shore Dr. West Palm Beach, F1 33407 Reliable Towing Co. 1403 Romney St. Jacksonville, Florida 32211 Rybovich 4 Sons Boat Works, Inc. 4200 N. Dixie West Palm Beach, F1 33407 St. Johns River Coordinating Council ATTN: Mr. Hugh C. Nicolay P. 0. Box 156 Palm Day, Florida 32905 St. Johns RIver Water Management Rt. 2, Box 695 Palatka, Florida 32077 Mr. Weldon B. Lewis St. Lucie County Administrator P.u. Box 700 Fort Pierce, F1. 33450 Mr. C. J. Schiele P.O. Box 666 Delle Olade, Fl 33430 C'' d / 0 Mr. Barry Peterson, Exec. Dir S. Fla. Regional Planning Council Suite 429 1515 N. W. 167th St. Miami, FI 33169 South Fla Regional Planning Council Suite 429 1515 N. W. 167th St. Miami, F1. 33169 Chief Engineer (THL) Southern Bell Tel & Tel Co. 871 Jacobs Bldg. 421 W. Church St. Jacksonville, Fla. 32202 State Department of Environmental Regulation 2J0 Southeast 6th Street Fort Lauderdale, Florida 33301 Stuart Sailfish Club P. 0. Box 2005 Stuart, Florida 33494 Mr. William Stimmel St. Johns River Water Management Di,e4 2133 Wickham Road Melbourne. Florida 32935 1 Treasure Coast Regional Planning Council P. 0. Box 2395 Stuart, Florida 33494 Tri—County Marine 618 N. Federal Highway North Palm Boach,Fiorida 33408 [t1.53 U.S. Postal Service Sebastian. Fl 32958. City of Vero Beach Planning Department P. 0. Box 1389 Vero Beach, Florida 32960 Mr. Fred Vidaes General Development Corp. 1111 South Bayshore Dr. Miami, Fl 33131 Vero Beach Anglers Club, Inc. Mr. James L. Hair 1715 41st Ave. Vero Beach. FI 32960 Vero Beach Press—Journal. P.O. Box 1268 Vero Beach, FI 32960 Mr. T. A. Wastler Chief. Ocean Disposal Program EPA, Room 731, WSME 401 M. Street, S. W. Washington, D. C. 20460 Whiticar Boat Workc' Inc. 2323 St. Lucie Blvd. Stuart, Fla 33494 Miss Anne Wilder P.O. Box 853 Ft. Pierce, Fl 33450 1 Wood's Cove Marine, Inc. P.O. Box 23 Palm City, F1 33490 Mr. Archie Smith Box 383 Sebastian, Florida 32958 Vero Beach Shores, Inc. 1204 S. U. S. #1 Vero Beach, Florida 32960 5 • Application No. 7614"1331 INDIAN RIVER COUNTY HOARD OF COUNTY C01QR11SIONERS Name of Applicant Effective Date MAY 2 7 1977 Expiration Date (If applicable) MAY 2 7 1980 3 1681 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 13 Decision 1976 for a permit to: ( z) Perform work In or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 4031: ( X) Discharge dredged or fill material into navigable waters upon the Issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92.500); ( 1 Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1062; P.L. 92.5321: Indian River County Board of (Here insert the full name and address of the permittee) County Caosisaionnrs Room 113, County Court House Vero leech, Florida 32960 b hereby authorized by the Secretary of the Army: to construct a boat ramp with two appurtenant piers and a riprap groin and to dredge in vicinity of proposed boat tarp in Indian River at terminus of S.R. 606 in Section 30; Township 33 South; Range 40 East, neer Vero Beach, Indian River County, Florida (Here describe the proposed structure or activity. and its intended use. In the case of an application for • fill Permit, describe the structures. if any. proposed to be erected on the till. In the case of an application for the discharge of dredged or fill material into navigable waters or the transportation for discharge in ocean waters of dredged material, describe the type and quantity of material to be discharged.) (Here to be named the ocean, river, harbor, or waterway concerned.) (Here to be named the nearest well-known locality— preferably a town or city—and the distance in miles and tenths from some definite point in the same, stating whether above or below or giving direction by points of compass.) in accordance with the plans and drawing, attached hereto which are incorporated in and made a part of this permit (on drawings: give file number or other definite identification marks): Proposed Launching Rasp & Dock, Revised 3/24/77 76N-1351 subject to the following conditions: I. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; end that any activities not specifically identified and authorized herein shall constitute a violation of the terms end conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions 1 or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721 1APR 74 EDITION OF JUNE 1968 IS OBSOLETE. (ER 1145-2-303) X1.66 b. That all activities authorized herein shall, If they Involve a discharge or deposit Into navigable waters or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, and pretreatment standards established pursuant to Sections 301, 302, 306 end 307 of the Federal Water Pollution Control Act of 1972 (P.L. 92.600; 86 Stat. 816), or pursuant to applicable State and local law. c. That when the activity authorized herein Involves a discharge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an Implementation plan contained In such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the permittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse Impact of the work on fish, wildlife and natural environmental values. e. That the permittee agrees to prosecute the work authorized herein in a manner so as to minimize any degradation of water quality. 1. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. g. That the permittee shall maintain the structure or work authorized herein in good condition and In accordance with the plans and drawings attached hereto. h. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any Injury to property or invasion of rights or any Infringement of Federal, State, or local laws or regulations, nor does It obviate the requirement to obtain State or local assent required by law for the activity authorized herein. 1. That this permit does not authorize the Interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or Injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall Indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall to conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked In whote or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be In the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless 11) within the 30 -day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, In fact, occur or (b) the alleged violation was accidental, and the permittee has been operating In compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. That in issuing this permit, the Government has relied on the information and data which the permittee hes provided in connection with his permit application. If, subsequent to the issuance of this permit, such Information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, In whole' or in part, and/or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. 2 11 / n. That the penalties shall notify the District Engineer at whet time the activity authorized herein will be commenced, as far in advance of the time of commencement es the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. o. That if the activity authorized herein is not stated on or before day of 19 . (one year from the data of issuance of this permit unless otherwise specified) and is not completed on or before day of 19_ . (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized bV this permit. q. That if the display of lights and signals on any structure or work authorized herein Is not otherwise provided for by law, such lights sad signals ss may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the presents*. r. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. s. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittec Is transferring his interests herein to a third party pursuant to General Condition v hereof, he must restore the area to a condition satisfactory to the District Engineer. t. That If the recording of this permit Is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to end interests in real property. u. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. v. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with alt terms and condition of this permit or by the transferee subscribing to this permit In the spec provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. The following Special Conditions will be applicable when appropriate: STRUCTURES FOR SMALL BOATS: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to Insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash end the permittee shall not hold the United States liable for any such damage. DISCHARGE OF DREDGED MATERIAL INTO OCEAN WATERS: That the permittee shall place a copy of this permit In a conspicuous place in the vessel to be used for the transportation and/or dumping of the dredged materiel as authorized herein. ERECTION OF STRUCTURE IN OR OVER NAVIGABLE WATERS: That the permittoe, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as tho Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee falls to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to Its former condition, by contract or otherwise, and recover the cost thereof from the permittee. 3 MAINTENANCE DREDGING: (1) That when the work authorized herein Includes periodic maintenance dredging, it may be performed under this permit for years from the date of Issuance of this permit (ten years unless otherwise Indicated); end (2) That the permittee will advise the District Engineer In writing at least two weeks before he Intends to undertake any maintenance dredging. II. Special Conditions (Here list conditions relating specifically to tie proposed structure or work authorized by thls permit): Coast Guard approved channel markers will be placed from boat rasp to Intracoastal Waterway in order to minimise disruption of grassbeda. This permit shell become effective on the date of the District Engineer's signature. Permittee hereby accepts end agrees to comply k ' 4 C 2r ith the terms end conditions of this permit. Chairman PERMITTEE Board of County Commissioners BY AUTHORITY OF THE SECRETARY OF THE ARMY: /1 DONALD A. WISDOK Inv Colonal, Corps of Engineers DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS May 17, 1977 DATE of Indian River County MAY F, '' 19i/ Florida Transferee hereby agrees to comply with the terns and conditions of this permit. DATE TRANSFEREE DATE 4 )97. L3 0 PROPERTY LINE (LOCATION OF SPOIL MATERIAL) PROPOSED .,.. BOAT RAMP 8a DOCK • PROPERTY . 0 77 V/3S/ . NORTH 3.5 MILES TO VERO BEACH p NORTH 1. , ' •I tri S.R.606 (PROJECT LOCION. IOf • \. 7p Q t••rrt 73 LINE PLAN NOTES: \ SCALE IN FEET MATERIAL TO BE REMOVED TO ELEVATION —3.00 M.S.L. , AND USED AT BOAT RAMP AREA,DREDGE AREA LIMITED TO THE OLD SILTED CHANNEL WITH NO DREDG— ING IN COHDGRASS .OR MANGROVE AREA, FROM:INDIAN RIVER CO. ROAD MAP 0 !0 SCALE IN FEET n 1-1 SECTION A—A 2.001•— +0.75 MHV/ +0,06 MLW 4-12"CRESOTE POST 8'MIN. PENETRATION o Fii_L.1 ro SCALE IN FEET FLOORING 8c SEAWALL Rq,kP TF I • 6 ELEVATION PURPOSE c PUBLIC BOAT LAUNCHING & DOCKING DATUM: MEAN SEA LEVEL ADJACENT PROPERTY OWNERS ID ARCHIE SMITH 1�2 JULIAN .LOWENSTEIN IPRAP + 6.00 + 4.00 +0.75 MHW — +0.06MLW 2,00 3.00 PROPOSED LAUNCHING RAMP & DOCK IN INDIAN RIVER NEAR VERO BEACH COUNTY OF: INDIAN RIVER STATE :FLA. APPLICATION BY : BOARD OF COUNTY COMMISSIONERS REVISED 3/24/77 REVISED 12/29/76 REVISED 12/13/76 SHEET I OF 1 DATE 6/10/76 AFFIDAVIT OF OWNERSHIP OR CONTROI, TO THE DEPARTMENT OF ENVIRONMrENTAL REGULATION: I hereby certify that I am the (check one): record owner X lessee record easement holder applicant to record owner for easement of the below described property situated in County, Florida.; and that said property is all the property that is con- tiguous to and landward of the area in which the work proposed in the permit application is to be conducted. Furthermore, I certify that as record owner, lessee, or record easement holder I have or will have prior to undertaking the work all necessary approvals or permission from all other persons with a legal interest .in said property to conduct the work proposed in the permit application: LEGAL DESCRIPTION Please see attached deed. Indian River County Official Record Book 535, Page 163. L.S. Thomas, for Indian iver County Sworn to a subscribed before meat ,..i(,County, _ Act—. , this / 6 day NOTARY PUBLIC n eZe.d Notary PUING tdotn .f Flo,W, of lnw:,e 'My commission expires: 0,4:4, Ara..c.n ;aa i Cvsw,:ir Co. rr,RP 1G-1 (Dec 75) Page 10 of 10 173256 0411dtuM ono RAMCO FORM 42 'IOM 001501.1104' 1ZOBEZ INDIINRIY11 l s This Qllltp--Cl1t1a��ii l Deed, Executed this 1Sthday of November A. D. IV76 , by VERO� it ES, INC. a corporation existing under the laps of Florida' , and haying its principal plate of business al Vero Beach, Florida firs) party, la INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose posloffice address is second party: „When a toed h e a rhe t "tint parrti' and "wood p.. • 1%411 In.iude unwl.r and plant, %ti .. Heel renege, and ' m len". .ad the non and omen. of .nrpaorion., •4'55,,, the rro rowel odmlu or rrauire..) i• Witnesseth, Thai the said first party, for and In consideration of the sum of S 10.00 • In hand pain by the said second party, the receipt whereof is hereby acknowledged. dues hereby reprise. re- lease and quit -claim unto the said second party forever, all the right, title. (Merril, claim and demand which the said first party has in and to the following described 101, piece or parcel of land, situate, lying and being ret the County of Indian River State of Florida . t0 The North 50 feet of the Northeast Quarter of the Northeast Quarter of Section 30, Township 33 South, Range 40 East. Containing 1.50 Acres more or less. The Grantee herein agrees that if at any time it removes or changes the location of certain culverts now existing on the above described property, it will relocate the same at the direction of the Grantor. Title to the above described property shall revert to the Grantor in the event Grantee fails to construct a boat launching ramp within two years from date. o, stave and to {old Ilse same together with all and singular the appurtenances 'hereunto belofigirlg or in anywise appertaining, and all the estate. right, title. !merest, hen. equity and claim what- : •iatuer o1:fha.mid first party, either in low or equity. to the only proper use, benefit and behoof of the said wand • as n:». = n , a,ICORPORATt 5tA4 P�Dll� ATTEST. inWitness heeeotthe sald tint party has caused these pres- ents lo be executed in its name, and its corporate seal to be hereunto affixed, by Ile proper officers thereunlo ul authorized. the day and year firs) above written. Senear, Signed, sealed and delivered In the presence of: STATE of FLORIDA COUNTY OF , INDIAN RIVER t IIER[MY courtsv ,hat on this der, Wive nee, 1,1, siker dale wrhorised M the Sua end Comm a Id to tate .r1.o.l.den,eme, p.,wnaiIr.pp"red JULIAN LOWENSTEIN B ACH VERO/STORES , IN Julian Lo enstrein L rodent veil 1.... ne ow is be do P,rat.m)dlp . RgexmK)fl ,he .wpn..tion named at b,•r roar In the foregoing deed,, and hexllexxxLC. stenooH,le.d Ing •Ito woe 1s t,, pro..... ed two nbwnbin. wane••.. !ren and trh,nurdr o.d., .mhwia tb.t, .rm.i.ie •qtr,, hr aid .nrlwuri.n and •hat the tett edited thereto it the true .spoute w.9, of 'd t.rpnntian. tenni' ve hend Ind .iiIi.I'...I In .he Covet, and sine leo .lww .dtell,, -/ n de.'(-44-1 .I�i .7 El) , A. O. 19 7 6 . `^ e� /bLGt it K -1 , 0. ./2.y/ Notary Public, State of Florida Large. My commission expires: (az-1A.....1 f9r7 • _ • • Pro, ;thin by Tr /,;,p�rija:q;�l`I�riC'L'_Ihi; JR'' I3�lic-•j (..()LL! ;Pi" VP, 1'1.DE VOLOFF .. Arida u Is.•Ui, [hi:c 'i3tHt. %d'1 4 Pa! Ven) dads I•ronda^eta 611:1ciAL RECORD eclx 535 fACE10e3 5ER1AL NO CLA551FICATION OF AID5 FOR USE BY DISTRICT COMMANDER OC. TELEPHONE NO 305-562-4186 95. NAME AND ADDRESS OF PERSON IN DIRECT CHARGE OP A10 L.S. "Tommy" Thomas Courthouse, Room 115 V-er Beach, Fla. 32960 5. AODITIONAI. COMMENTS (T-1) Concrete Monument at North-East Corner Sec. 30, T -33-S, R -40-E: Lat. 27° 35' 11" N., Lon: 80° 22' 05" E. (T-2) Bouy No. 156 in _.Intracoastal Waterway With instrument at (T-1), all angles from (T-2) South to Daymarks, and distances froii (T-1). L1CN7 LIST NUYBER OR PAGE a. NECESSITY FOR AID(Conlinua in Moak 8) 5. GENERAL LOCALI 6. CORPS OF ENGINEERS AUTHORIZED TNIS..Sij SLLC4UIbEtaR eula* P� iiivern ERMIT OR E LETTER (/pie and dale) 15 y •?arkers to County Boat Ramp West Shore, River `-I 15 July 1976 1 FOR DISTRICT COMMANDERS ONLY 7. APPLICANT WILL FILL IN APPLICABLE REMAINING COLUMNS • o� 1 r r s PI v IT T y m 0 ► 2 D o i c •- s 1 m v O 22D 1 r c i ti r ❑ z L r < n 0 -1 0 i o 't. ACTION REQUESTED FOR PRIVATE 1 •105 Te NAVIGATION• A ESTABLISH AND MAINTAIN B (i DISCONTINUE C C CHANGE 0. C. TRANSFER ONNERSNIP DEPARTMENT OF PRIVATE AIDS TO NAVIGATION APPLICATION TRANSPORTATION U. 5. COAST GUARD (See attached instructions and copy of Code of Fed. Reg., Title 33, Chap. 1, Part 66) CG -2554 (Rev. 5-69) i m M w 0 t.IO-U..-' NF-'oOP coWN : LIGHT r z n nm I m 1.0 a 0 100. NAME ANO ADDRESS OP PERSON OR COR - MAIN TION wT WMOSE EXPENSE AID IS MAINTAINED Indian River County, Fla. Vero Beach, Fla. 32960 ?i �A -4 .Irn�mrnWwr'rr-'1-. 0UN.41-'0N.ICO0NW10 0 0 0 0 0 0• 0. .P GI 0 N W 0 0 0 0 0 N N N N p P ON ON t0 l0 UN ONN NN L.2 al CO ...1 ONN 0 F-' O O O W W W 61 W CO CO .1 W W W W (...) .I W W W /4aaaaa�ar.aaa1aa In N 10 fA fA N N fA N fA N N - - - - DATE APPROVED IOC. DATE 5/24/77 rth. THE APPLICANT AGREES TO SAVE TME COAST GUARO.IARMLESS WITH RESPECT TO ANY CLAIM OR CLAIMS THAT MA• RESULT AR15. ING FROM THE ALLEGED NEGLIGENCE OF THE MAINTENANCE OR OPERATION OF THE APPROVED A10151. NNNNW W.P.thP.P.P.P. _ _ _ _ _ _ _ _ _ _ hi ,. .• o -pT2 • r a ri-. tI-' H N F-'I-' FI-' II F-' I-' I-' N 0 0 0 0 0 0 0 0 0 0 0 0 , F' O LCI f) (I)a It fp .0 D-ot (b a c c m [INATLIAE (By direclionj 10d. SIGNTTLLE OF OF�I AL SIGNING • Integovernnmmerttal /Coa for Z. Sept.`T1, T19Tf�T Form ApproS•eo Budget Bureau No. 04.1E3014 d 1 3 li x 1 1 1 1 1 1 1 1 1 1 1 1o H In H fn H CO H C0 H N H UI • o" ., I' 67 REUBIN CYO. ASKEW GOVERNOR to - 11 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION 2562 EXECUTIVE CENTER CIRCLE, EAST MONTGOMERY BUILDING TALLAHASSEE, FLORIDA 32301 JOSEPH W. LANDERS, JR. SECRETARY July 11, 1977 QUESTIONS SHOULD BE DIRECTED TO: Rosalyn Holzer 487-1580 TO: Rudy Nyc Corps of Engineers - FROM: Bureau of Permitting SUBJECT: SAJOD-RP Z6N-1351, Board of County Commissioners Permit No. 31-38-0414-4E, Indian River County This state permit was issued April 28, 1977, with revised drawings dated March 24, 1977. The Corps of Engineers Public Notice does not indicate the revisions. We are requesting that if you dhould permit this proposed project, it be only as revised. Enclosed is a copy of the state permit with the approved drawings. /rh Enclosnites .1,_.1� r— t1.i, L STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ,OiNREFtlion River County E1,NIRONM L.S. "Tommy" Thomas Room 115 County Courthouse Vero Beach, Florida 32960 PERMIT/Certification NO.: 31-38-0414-4E PLACARDSERIAL NO.: 02198 COUNTY: Indian River PROJECT: boatramp JUN ::3 19, SPJNT JOHNS GIVER DISTRICT This permit is issued under the provisions of Chapter 253 and/or Chapter 403, Florida Statutes, and rules of the Department of Environmental Regulation hereinafter called the Department. If a federal permit is required for this activity pursuant to Public Law 92.500, this either certifies that the project described below and delimited by the stated conditions will comply with the applicable Water Quality Standards of the State of Florida, or waives Water Quality Certification as indicated above. The above named Applicant, hereinafter called Permittee is hereby autho- rized to perform the work shown on the approved drawing(s) attached hereto and made a part hereof and specif- ically described as follows: To construct a boatramp extending waterward of the mean high water line 35 feet long by 15 feet wide with a dock on either side 36 feet long by 5 feet wide; To maintenance dredge an existing channel by excavating approximately 100 cubic yards of dredge material; To install a 34 foot long rip -rap break water wall extending from the north ramp dock and to install navigational aids to mark the most feasible navigational route. All of the -excavated spoil material will be placed on the owner's upland. In Section 30, Township 33 South, Range 40 East, Indian River, Indian River County. GENERAL CONDITIONS: 1, Unless specifically stated otherwise, the work authorized by this Permit shall be valid for a three (3) year period that shall commence upon receipt by the Permittee of all governmental authorizations, state and federal. The Department may revoke this Permit if the Permittee tails to use due diligence in obtaining such required govern- mental authorizations. Furthermore, this Permit shall not relieve the Permittee from the requirement of obtaining permits from and complying with lawful requirements imposed by the U.S. Army Corps of Engineers. local govern- ment agencies, or the Florida Department of Natural Resources and applicable local, state and federal law. 2. This permit shall be properly executed and binding under the law when the copy of this Permit is signed and mailed to the issuing office (shown on the Permit Placard) by the Permittee by certified mail, return receipt requested, within fifteen (15) days after it is transmitted to the Permittee. 3, Permittee is required to notify the issuing office (shown on the Permit Placard) of the time schedule of project construction before beginning any work authorized by this Permit. 4. The Permit Placard is required to be posted in a conspicuous location at the work site during the entire period of the work. 5. This Permit instrument shall be readily available at the project site to any duly authorized representative of the Department or duly empowered law enforcement officer who may wish to enter upon the premises associated with the work authorized by this Permit for the purpose of ascertaining compliance with the terms of this Permit. 6. Permittee is required to return the Permit Placard to the issuing office shown on the Placard upon comple- tion of the work authorized by this Permit. 7. Permittee :hal! not r.rrcve and/or emplace mere material or exceed the limits of construction authorized by this Permit without first obtaining a wri:ten revision to this Permit from the Department, Any unauthorized deviation from the approvxd drawings, specifications and conditions of this Permit shall constitute grounds for revocation and enforcement action by this Department. 8, Permittee shall exercise extreme care during construction activities to avoid damaging or adversely affecting the personal or property rights of others. 9. Permittee shall assume end accept all responsibility and liability for and agrees to save the Department and Its employees harmless from all claims of damage arising out of operations conducted pursuant to this Permit. 10. This Permit conveys no title to land or water, and does not constitute authority for the reclamation of submerged (ands unless herein provided and the necessary title or leasehold interests have been obtained from the State. DFR Front PEF.M 11.15 (Jul 76) Page 1 of 2 • 11. Permittee agrees to cease all work under this Permit upon being notified I,y the Department that the isssuance nl this Permit has been appealed pursuant to Sections 403.80411) or 253.76, Florida Statutes. Permittee further agrees not to recommence work under this Permit until final disposition of such appeal has occurred. 12. This Permit is granted subject to the rights of the United States in navigable water and pursuant to the rights of the public in boating, bathing, fishing and other rights for which purposes the waters and submerged land thereunder are held by the State. 13. This Permit does not indicate an endorsement or approval of any other Department permit/approval that may be required for other aspects of the total project. 14. This Permit does not authorize a variance from or violation of the Water Quality Standards as specified in Chapter 17.3, Florida Administrative Code, including but not limited to: 17-3.02 Minimum Conditions of All Waters: Times and Places; 17-3.05 Water Quality Standards; Specifics; and 17-3.09 Criteria: Class III Waters - Recreation - Propagation and Management of Fish and Wildlife. Turbidity shall not exceed fifty (50) Jackson Turbidity Units as related to standard candle turbidimeter above background, PARTICULAR CONDITIONS: (1) Turbidity control devices shall be utilized during all phases of construction. (2) The ramp docks will not be utilized for the mooring of boats. (3) There shall be no fuel, sewer or waste facilities at the dock site. A COPY OF THIS OCCUt:I_`IY HAS 0¢E14 FORWAi ' .D ,G TIiF. 11. 8, CM•il(IONM4NTAN FRO;ECPl011 AULNCY, RE4lON N. THE PERMITTEE, BY SIGNING BELOW, VOLUNTARILY ACCEPTS AND AGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN AND HEREBY CERTIFIES THAT THE WORK WILL BE PERFORMED IN STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS ATTACHED HERETO AND MADE A PART HEREOF, ANY VIOLATION OF OR FAILURE TO COMPLY WITH THIS PERMIT WILL SUBJECT THE •PERMITTEE TO LIABILITY FOR DAMAGES CAUSED TO THE WATERS OR PROPERTY, INCLUDING ANI. MAL, PLANT AND AQUATIC LIFE OF THE STATE, RESTORATION OF THE WATERS AND PROPERTY TO THEIR FORMER CONDITION, AND CIVIL PENALTIES IN THE AMOUNT OF TEN THOUSAND DOLLARS (510,000) FOR EACH DAY FOR WHICH THE VIOLATION OCCURS. epted this/ fay of_ _ 1 19 Issued this 28 day of April , i _.21 1".t.-,-,4" �+�1`_�`-�-'' % �Cr3 State of Florida Department of Environmental '' ✓ a• '{:,, ,L- ✓...-s tom- c Q ,P� Tutee or Authorized Agent Regulation, Josue. Landers, Jr., Secretary A.,9enkevich P.E. District Manager 1111317— lA • - DER Form PERM tt•t5'Jul 76) Page2of2 E. Hunnicutt, P.E. District Engineer NOTICE NO. 76E-1335 76H-1257 76H-1295 77U-0008 76E-1293 76U-1283 76U-1370 77L-0012 76E-1290 • 76E-1291 Sincerely, f c William H. Stevens Regional Director APPLICANT Bill' Sherman • Paul, Jr. & Cora Van Belden Floyd Luckey John C. Emerson City of Riviera Bolles School FL DOT Metro Dade Cty g Seaport Deft. Ralph Charles C. Bundschu, Inc. NOTICE DUE DATE DATE 01/12/77 02/11/77 01/14/77 02/13/77 02/14/77 " 02/13/77 01/07/77 02/07/77 01/12/77 02/11/77 " 02/14/77 01/14/77 02/13/77 02/13/77 • 2 1 f • • 'VY .1 V067 07SO 3/4 371.10Yci 0 0 0r 0 rri C.) 0 -4 X En" z z 0 r- dItitfd ivoe \ ,,,5515,0,5i5,,,, 5«.5.05V,ELO COM kkia, 01.3 /57?) 19 2.-) 5 X72 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: October 1, 2014 SUBJECT: Joint Public Meeting Scheduled Public Notice of Joint Meeting Scheduled for October 28, 2014: A joint public meeting has been scheduled pursuant to Section 164.1053, Florida Statutes regarding the reasonableness of the City of Vero Beach electric rates, the City of Vero Beach's lack of compliance with the referendum requirements set forth in Section 366.04(7), Florida Statutes and the removal of the City of Vero Beach's electric facilities upon expiration of the City of Vero Beach's franchise agreements. The joint meeting will include the Indian River Shores Town Council, City of Vero Beach City Council, and the Indian River County Board of County Commission, and is scheduled for Tuesday, October 28th, 2014, at 9:00 a.m. The meeting will be held at the Richardson Center located at the Mueller Campus of Indian River State College, 6155 College Lane, Vero Beach, Florida. APPROVED AGENDA ITEM B a.. &t/ Indian River Co Administrator Legal Approved Date /o/V f y1 (8) ip.‘ 199 Regular Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 25, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service( Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Atij Subject: Indian River Drive- Water Assessment Project Update DESCRIPTIONS AND CONDITIONS: On September 23rd, 2014, under Informational Matters the Indian River County Board of County Commissioners (BCC) directed staff to bring a Work Order to complete the engineering design for the Indian River Drive water assessment project. ANALYSIS: The engineering design has been completed by staff, therefore not requiring assistance from an outside engineering consultant. ALTERNATIVES: At this juncture staff has a completed design with a revised cost estimate with the exception of an FDEP permit. Therefore, no further work is necessary to complete the design. Staff also did a cursory review on grant possibilities to install a watermain. The available grants were for TMDL reduction projects and project areas that could qualify for households with low to moderate income. Staff offers the following alternatives to the BCC for consideration: Alternative No.1: Since less than 2/3 (two-thirds) of the residents have voted in Favor of the Indian River Drive Water Assessment Project the BCC direct staff to secure a FDEP permit (valid for 5 -years) and shelve the project. This alternative (bid ready with FDEP permit) will enable the residents at some future date to move to the preliminary assessment stage when 2/3's of the residents are in favor of the project. Alternative No.2: Since less than 2/3 (two-thirds) of the residents are in Favor of the Indian River Drive Water Assessment Project the BCC direct staff to do nothing. 200 FUNDING: The costs of the FDEP permit will be charged to the Other Professional Services account in the Operating Fund. Operating funds are derived from water and sewer sales. DESCRIPTION ACCOUNT NUMBER Other Professional Services 47123536-033190 AMOUNT ATTACHMENT(s): Indian River Drive Proposed Water Assessment Project Scenario Exhibit APPROVED FOR AGENDA: By: Qc)) /9. ILL)V Josep A. Baird, County Administrator Foto d € ,A70// Date $750.00 Indian River Co. Approved Date Administration ���� /Q )i 1 Legal ' I Budget go. 11' Utilities 11191 a • li Utilities -Finance, �r tsc s.0 F:\Utilities\UTILITY - Engineering\projects - Assessment Projects\000Assessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\Agenda Indian River Drive Synopsis 9-30-14.doc 201 INDIAN RIVER DRIVE PROPOSED WATER`ASSESSMENT PROJECT SCENARIO EXHIBIT Yes Votes Date: 9/292014 Resumed Path: P:4REI1•.1.1TILRY•EM iMehots•/rewa d PiP}m1000Mr.wnub - 0011 PrWorNR Mao - Rowland RE to Inlet H Eob Rs'n Ceralostllosnode EMEiMOM.iondmA 02 County Attorney's Matters - B.C.C. 8.7.14 Office of y ` INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DO" DATE: September 29, 2014 SUBJECT: Settlement of Indian River County v. Hometown America, LLC and MHC Village Green, LLC BACKGROUND In 2012, Indian River County (the "County") filed a lawsuit against Hometown America, LLC and MHC Village Green, LLC for unpaid water and sewer impact fees due under an agreement that was entered into with a prior owner when the mobile home park transitioned into being a customer of the County water and wastewater utility system. The case was set for trial docket call in November. On September 17, the parties participated in mediation and agreed to a settlement of the matter. The settlement includes a payment of $400,000 to the County for unpaid water and sewer impact fees and allows for the collection of water and sewer impact fees for any future mobile home pads in exchange for a release of all claims by the County. FUNDING The settlement payment will be deposited into the Utilities Impact Fee Fund (472). Utility Impact Fee funds may only be utilized to fund capital expansion of the Utility System to serve new development. Approved for October 7, 2013 BCC Meeting County Attorney's Matters R Anorney l i drnGENERAL 3 C CAgenda Afemoa,V llage Green Senlemem.doc 203 Indian River Co. Approved Date Admin. Co. Atty. BudgetDepartmentsk i Management --- 203 Board of County Commissioners September 29, 2014 Page Two RECOMMENDATION The County Attorney and the County Administrator recommend that the Board approve the proposed settlement and authorize the Chairman of the Board to execute any documents necessary to effectuate the settlement. ATTACHMENT(S). Proposed Settlement Agreement F. Anornryl l dn'GENERALB C Cl4genda dlemor''Village Green Settlement doc 204 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CIVIL DIVISION CASE NO. 2012 CA 000376 INDIAN RIVER COUNTY, Plaintiff, v. HOMETOWN AMERICA, L.L.C., and MHC VILLAGE GREEN, L.L.C., Defendants. MEDIATED SETTLEMENT AGREEMENT This Mediated Settlement Agreement is being entered into on the date set forth below between Plaintiff, Indian River County (the "County"), and Defendant, Hometown America, L.L.C. ("Hometown"). PREAMBLE WHEREAS, Wilder Corporation ("Wilder") owned a parcel of real property located in Indian River County, Florida (the "Property"), on which it operated a mobile home park known as Village Green; WHEREAS, as a water and wastewater customer of the County utility system, Wilder was obligated to pay impact fees of one Equivalent Residential Unit ("ERU") for water and one ERU for sewer (collectively, the "Water and Sewer Impact Fee Page 1 of 5 205 Obligations") for each of the 782 mobile home pads and the 24 common areas for a total of 806 ERUs in Village Green; WHEREAS, the County and Wilder entered into an agreement (the "Impact Fee Agreement") which set up a plan, in which payment of the Water and Sewer Impact Fee Obligations for a mobile home pad was to be made at the time of sale or resale of a unit within Village Green; WHEREAS, Wilder conveyed the Property to CWS Communities, LP ("CWS"), an affiliated entity of Hometown; WHEREAS, CWS conveyed the Property to MHC Village Green, LLC ("MHC") and, in connection therewith, Hometown agreed to assume all liability to pay the Water and Sewer Impact Fee Obligations; WHEREAS, the County and Hometown agreed that at least 598 residential ERUs had been paid; WHEREAS, the County contended that payment for 184 residential ERUs and 24 common area ERUs were due and payable; WHEREAS, Hometown contended that it was not obligated to pay the additional 184 residential ERUs and 24 common area ERUs (the "Contested ERUs"); WHEREAS, the County filed an action for damages against Hometown and MHC, for payment of the Contested ERUs (the "Lawsuit"); WHEREAS, on September 17, 2014, the County and Hometown attended a mediation at which they agreed, subject to the County Commission's approval, to resolve the Contested ERUs on the terms set forth herein. Page 2 of 5 206 NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. The matters in the Preamble are incorporated herein by reference. 2. Hometown agrees to pay the County $400,000.00 to resolve the Contested ERUs (the "Settlement Payment"). 3. In consideration of the Settlement Payment, the County will dismiss the Lawsuit with prejudice and execute a limited release, releasing Hometown, MHC their successors, affiliates assigns and any subsequent owner from liability for the Water and Sewer Impact Fee Obligations for all 806 ERUs in Village Green, which includes the Contested ERUs, of which 782 are residential ERUs and 24 are common area ERUs. 4. Upon payment of the Settlement Payment, the Impact Fee Agreement is null and void and of no further force and effect. 5. Accordingly, in the event MHC its successors, affiliates assigns or any subsequent owner requests additional ERUs to be installed at Village Green, it will pay the then existing rate required by the County Code of Ordinances. 6. Nothing contained in this Mediated Settlement Agreement shall be deemed or construed as an admission of wrongdoing or liability on the part of any party to this Mediated Settlement Agreement, which is entered into to resolve disputed claims. 7. No waiver, modification, extension or addition to this Mediated Settlement Agreement shall be valid unless in writing and signed by every party hereto. Page 3 of 5 207 8. The construction and effect of this Mediated Settlement Agreement shall be governed by the laws of the State of Florida. 9. Venue for any litigation regarding this Mediated Settlement Agreement shall be exclusively in Indian River County, Florida. 10. The prevailing party shall be entitled to its attorney fees in any litigation regarding this Mediated Settlement Agreement. Indian River County By: Peter D. O'Bryan Its: Chairman BCC approved: STATE OF FLORIDA COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT was acknowledged before me this day of , 2014, by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, who acknowledged to and before me that he executed the same as the act and deed of said county. He is personally known to me. PP1,?hvrC` -1',7 FOAM AN C3 L. t:.-ktCIENO Notary Public My commission expires: sign print BY.� DY:_P.. , E r,jGOLD COVN 1-Y ATTORNEY Page 4 of 5 208 Hometown America, L.L.C. By: Its: ,Q v-r‘..t n0_ t STATEOF ItUrf\0i5 COUNTY OF COOK - THE FOREGOING INSTRUMENT was acknowledged before me this 3erjtaay of SeeMber , 2014, by 1 " ei( C. V ((S , as AQ41401C-7. d€1..1- of Hometown America, L.L.C., on behalf of the corporation, / $ T who is personally known to me or / / whe- as identification. F:U.ITV38.121 \Settlement\SettlementAgmt.docx sian (IrV ktikiartelt 2t1 td. l't rceJ c ELcIoy Notary Public My commission expires: }(j rl j,20 ir1 Page 5 of 5 OFFICIAL SEAL MARCELA GOODY NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 04/11!2017 209 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: County Attorney's Matters - B.C. C. 10.7.14 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney September 30, 2014 Resolution Opposing All Aboard Florida BACKGROUND. On September 23, 2014, the Indian River County Board of County Commissioners authorized the County Attorney's Office to draft a resolution opposing the proposed All Aboard Florida passenger rail project. Pursuant to that authorization, the County Attorney's Office has drafted the attached resolution. The resolution requests that a certified copy of the resolution be provided to the Governor Rick Scott, Florida State Senators Thad Altman and Joe Negron, Florida State Representatives Debbie Mayfield and Gayle B. Harrell, the Federal Railroad Administration, United States Senators Marco Rubio and Bill Nelson, United States Representatives Bill Posey and Patrick Murphy and FDOT Secretary Ananth Prasad. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote whether to accept the resolution as drafted or amend the resolution. ATTACHMENT(S). Proposed resolution. Approved for October 7, 2014 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F: iAnornryVindoIGENERAL1B C'C lAgendo MeinostAll Aboard Florida Opposition Resonition.dic Indian River Co. Ap r roved Date Admin. Co. Atty. ( ry ti Budget r IoZj Department J%'L.� l8 / ( Y Risk Management 210 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, OPPOSING ALL ABOARD FLORIDA. WHEREAS, All Aboard Florida — Operations, LLC ("All Aboard Florida"), a subsidiary of Florida East Coast Industries, is proposing to provide a high speed passenger rail service 32 times (16 round -trips) per day between Miami and Orlando that will run through populated areas of Indian River County, including Vero Beach, Sebastian, and the communities of Gifford, Roseland, Wabasso and Winter Beach without stopping or serving these areas; and WHEREAS, the current railroad tracks owned by Florida East Coast Railway ("FECR") are designed for trains that operate at speeds from 45 miles per hour ("mph") to 60 mph; and WIIEREAS, All Aboard Florida proposes to operate a high speed passenger train service which will travel at speeds up to 110 mph through parts of Indian River County; and WHEREAS, populated communities within Indian River County which are accustomed to, and grew up with, the slow moving trains are wholly inappropriate for the proposed high speed passenger rail project; and WHEREAS, at first, All Aboard Florida touted the high speed passenger rail project as being a private company providing a private service by using solely private resources; and WHEREAS, it is now understood that All Aboard Florida intends to fund a significant portion of the proposed high speed passenger rail project through a Railroad Rehabilitation & Improvement Financing (RRIF) Program loan of approximately $1.6 billion that is administered by the Federal Rail Administration, an agency of the United States federal government; and WIIEREAS, if All Aboard Florida secures the amount that it has requested in its RRIF loan application, it will be the largest RRIF loan awarded by the federal government to date; and WHEREAS, in June of 2014, All Aboard Florida sold $405 million in high-risk bonds with a hefty 12 percent interest rate to assist in its efforts to build the proposed high speed passenger rail project; and WHEREAS, if All Aboard Florida secures the amount that it has requested in its RRIF loan application, it intends to use a portion of the RRIF loan to repay the $405 million in high risk bonds; and WHEREAS, it is now also understood that in addition to the federal assistance, the State of Florida has pledged approximately $215 million for a new rail station at the Orlando International Airport which will benefit All Aboard Florida; and 1 211 RESOLUTION NO. 2014- WIIEREAS, FECR has license agreements with local governments for most, if not all, of the railroad crossings along FECR's corridor, 32 of which are within Indian River County; and WIIEREAS, due to the language in the license agreements, local governments, such as Indian River County, will bear both the maintenance costs of upgrading the railroad crossings to allow All Aboard Florida to operate a high speed passenger rail service and the costs of installing and maintaining any additional equipment to implement one or more quiet zones; and WHEREAS, instead of being a high speed passenger rail service provided by a private company, using solely private resources, it is now clear that a significant portion of the financial burden of the proposed passenger rail project will be borne by the taxpayers through assistance from the federal, state and local governments; and WHEREAS, according to Draft Environmental Impact Statement issued by the Federal Railroad Administration, FECR currently operates up to 16 freight trains per weekday and 11 freight trains per weekend day, and by 2016, it expects to be operating up to 26 freight trains per weekday and up to 17 freight trains per weekend day with an anticipated annual increase of 3%; and WIIEREAS, the upgraded railroad crossing will also allow FECR to operate its freight service at speeds of up to 70 mph through populated areas of Indian River County, including Vero Beach, Sebastian, and the communities of Gifford, Roseland, Wabasso and Winter Beach; and WHEREAS, there will be no future stops within Indian River County by All Aboard Florida unless the plans are first approved by the Central Florida Expressway Authority, which is comprised of elected officials representing the interests of Central Florida and unelected individuals appointed by the Governor, and the Central Florida Expressway Authority bond counsel; and WHEREAS, the first priority of the Indian River County Board of County Commissioners is the health, welfare and safety of the residents of Indian River County; and WHEREAS, All Aboard Florida's proposed high speed passenger rail service will increase railroad traffic, railroad noise and railroad vibrations within Indian River County thereby creating a genuine detriment and threat to the health, welfare and safety of the citizens of Indian River County as well as an irreparable harm to Indian River County's natural resources and historical resources; and WHEREAS, representatives of All Aboard Florida have continually misled our community as to the true nature of the project, the extent of the support of the federal government subsidy, the significant benefit to the freight business and the real detrimental impacts to the health, safety and welfare to the communities of Indian River County and the entire Treasure Coast; and 2 212 RESOLUTION NO. 2014 - WHEREAS, it has now become necessary for the Board of County Commissioners to say in clear and unequivocal terms that it opposes All Aboard Florida's efforts to force this high speed passenger rail project through Indian River County, while having the costs of the project borne by the taxpayers, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board. Section 2. The Board of County Commissioners of Indian River County emphatically opposes All Aboard Florida. Section 3. A certified copy of this resolution shall be provided to the Governor Rick Scott, Florida State Senators Thad Altman and Joe Negron, and Florida State Representatives Debbie Mayfield and Gayle B. Harrell, the Federal Railroad Administration, United States Senators Marco Rubio and Bill Nelson, United States Representatives Bill Posey and Patrick Murphy and FDOT Secretary Ananth Prasad. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this -- day of October, 2014. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Peter D. O'Bryan, Chairman Approved as to form and legal sufficiency: By: ylan Reingold, County Attorney 3 213 Office of Attorney's Matters - 10/07/14 INDIT RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: October 1, 2014 SUBJECT: Oslo Boat Ramp Presentation Pursuant to the Board's request of September 23, 2014, a presentation will be made concerning the Oslo Boat Ramp project. Please contact me with any questions. 0. MEETING — OEGI!I.AR AGENDA RNEi ....�.�... 214 10 i ZDi'1 i3.C• 10/9/2014 Oslo Road Boat Ramp History Plans Testimony at the Hearing 1951 Aerial ■r ® s ■ ■ ■ ■ ■ 10/9/2014 10/9/2014 1976 Army Corps Permit 3108/ Crovears G> c,cos TC.1 Af- r �a<rll CCK S.._ A�9 txsi 2OM INVt>IAN ht Vt li C=U. Ii U/if� riA PLAN: A Nor1 s'' a TO erc'''_ ttc,n (J f t c <U olwou- INOT M GPIib t3a� f O M N _l:L t .oCA4i. I iz '' SECTION A -A 1` ,R_cz ff 4.00 _ - (� 3Gcnr O.O<SM w O'MIN. ON I�it ..t tr-a gnu. ' - ' r E t CVA �1 ONnnr F..� 00i .1 Ottoffn.E NC.11 NO A OOCKINt3 fvAe.tl 0 0<Y INC Cnic OAT Onl. Al, OPERTv OwNt'OS al 00 ACIP CO e+CINt E ..M IY-tft11'tt A. Jtlt.IAN l.Ow4.N0Y' C I N Allt.l CAT I ON 01 OoAIin b • Y tI_vl SCO S/2 -VT lati,5tl [>011�%� %!u 501E T I OI f bItf:. n/In 1'/f. 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RAPP PROPOSED 4 .4 L17761 -A,7 TOTAL WETLAND IMPACTS= 1.4/ ACRES AlrieItor PROPOSED SIDEWALK r P/?0POS471) ROADWA EX/STING PA VINO (to s, 12/7-cH Pill OPO- E/2' UARDRAILsi PROPOSED P.,4RA`,11VG LOT EXISTING ROA T RAMP AND DOCI( PROPOSEI) I DOCK E-Xl'ENSIC)N PR (1 2 TRAILER SPACES 0 JO S' pi?oposED AiyaiNri , HEE T 11 CAR SPACES) / PROPOSED /WA IIVTENAJVCL" DREDGING OF THIS PORTION OP EXIST/iva WE,"LAALD$ IAAPACr m4v/m/z.ariore pARKiNc AReA ivoP114,40 ANO ,vvezvprD A 74N,YL SWEET PIL/N6` SEAWALL re; Rz-viire ,4P4CF WA fi-R SHOI?tel/AIE JIWPACIS AND co,,,prxrizr 4)/0119 r,ve Dircif OF COV(',?' I ! / A/6, CHANNEL TO I. C. W csio 11o47 ,r1vP P.141.` /711 .7013 4f1) 4P,R01,(1, P,IN) 7 (PC,40W. 1, P4.41A/VC, e4'r1" L'I* 10/9/2014 0,10 t: Boat ramp area after a heavy rain 17'h0ttr, 2,24,201 O410 C10 O 110010 (IS1410g 11101041 2/24/2011 Z� L1' 8 10/9/2014 1)19 10/9/2014 Loading at low tide +.Lir rnnro-� 2/24/2011 Mud pies and existing parking 0.,o Boat Ramp s noto:: z:znrzo� � n 10/9/2014 Too big of a boat on a busy day .,t a..,,,v, E1ir,n Z/Y4,2o11 10/9/2014 .014.11.40,11 1.41117143 .NAri4YL 4M, PARA' 80 47 C.510 fF.i.4i A 1' Seagrass Surveys - There have been 6 separate Seagrass surveys completed on this project over the past 7 years. These were conducted by 6 different trained biologists, one of which is the seagrass expert, Lauren Hall, from St. Johns River Water Management District. The County's consultant, GKE has been doing seagrass surveys over the past 40 years. All 6 of these seagrass surveys since 2007 were completed during the State and Federal allowed timeframes (April through August). The most recent Seagrass survey was completed by the St. Johns expert in May 2014. The results of these 6 separate seagrass surveys over the past 7 years are "statistically identical", the range being 1 to 1.4% Seagrass within the proposed existing channel permitted to be re - dredged. Z/L'12 10/9/2014 Typical users of the ramp • Fisherman with shallow draft boats, canoes, kayaks or wading Shortest access to south county fishing areas Lack of prop scarring and dredging reflect there is respect and knowledge for sea grasses Knowledge of local conditions • Bird enthusiasts or canoeists and kayakers • Hikers and others that want to enjoy the view • Not frequented by recreational boaters • Shallow water limits manatee access despite sea grass i Reduced manatee impact as long commute between Riverside Park to grass flats is eliminated Additional Project Improvements 1. Construct a dock perpendicular to the ramp to permit boaters to dock their boats during launching and loading activities. 2. Provide for additional signage to educate users. 3. Compensate for wetland impacts with 18 acre mitigation project. 4. Year round manatee slow speed restrictions 5. Addition of channel markers creating pathway to the Intracoastal Waterway. Questions??? L' 13 1-- • MAINLAND LOCATION OF PROPOSED ��- BOAT RAMP & DOCI( HcP12 90/D10 7,or 8 200 0 700 400 SCALE INr FEET • C/4 .. (APPENDIX TO PERMIT APPLICATION NO. 76N-1351) NOTE: DAYMARKS T() BE CONSTRUCTED !N ACCORDANCE TO COAST GUARD DEPARTMENT OF TRANSP,ORTATION. ` ♦ 4 PROPOSED 3DAYMARKS INDIAN 1 1 1 1 RIVER IN7r OASTAL DATE: 5/9/77 SHEET 1 OF 2 Z�'t l9 BCC AGENDA October 7, 2014 ITEM 14.D (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 1, 2014 SUBJECT: IRC Not All Aboard FROM: Commissioner Bob Solari Short discussion on the draft environmental impact statement and the path forward regarding the passenger rail project. Thank you. 215 BOARD OF COUNTY COMMISSIONERS Peter D. O'Bri/aiz Chairman District 4 Wesley S. Davis Vice Chairman District 1 Russell Roberts, Vice President Florida East Coast Industries 8427 South Park Circle, Suite 140 Orlando, FL 32819 September 30, 2014 Joseph E. Flescher District 2 Tim Zorc District 3 Bob Solari District 5 Dear Rusty, It was an interesting phone conversation we had last Friday. It is not every day both sides of a conversation end a call as baffled as we both were. Since the call, I have spent a fair amount of time trying to figure out both why you were baffled and how you could be the least bit offended by anything I have said. My conclusion, which I am not saying is correct but is the best I can do at this time, is to simply suggest you are locked into your opinion and views and the opinions and views I hold are simply foreign to you. Coming away from our conversation, I felt nearly exactly as I did about two and a half years ago after I finished a long conversation with a convinced progressive about liberty, he simply could not comprehend any of the concepts I was trying to articulate. Obviously, I failed then and I failed again Friday when talking to you. I have decided, however to give it one more shot. I will begin with a quote from Teddy Roosevelt in 1907 I used at the Taxpayers' Association luncheon: "Our laws have failed in enforcing the performance of duty by the man of property toward the man who works for him, by the corporation toward the investor, the wage earner and the general public." All Aboard Florida (AAF) carne into our community promoting a venture it said was a private project, on private property that was to be privately funded. Given this, AAF's position has been the project is basically none of anybody else's business. This is not just my view of AAF; it is an altitude AAF has projected into the communities along the Treasure Coast. It is a retrograde position, a position no longer acceptable in America society. It was the attitude the Robber Barons had when they ruled America's Gilded Age and when the "laissez faire" business philosophy was dominant in American business. Sometimes I feel as if all involved with the AAF passenger rail project have missed the 100 years since Roosevelt's quote. 1801 27Th Street, Building A Vero Beach; FL 32960 (772) 226-1490 216 Russell Roberts, Vice President September 30, 2014 Page Two But, as I noted at the Taxpayers' lunch, the next 100 years did happen. The "laissez faire" philosophy of the Robber Barons no longer holds. This is not just my view, or Roosevelt's view; it is the view of the Supreme Court of the United States. As one authority discussing the Supreme Court's decisions during Franklin Roosevelt's New Deal days has written: The Court has discarded the idea that the laissez —faire, noninterventionist conception of governmental action offers a feasible approach to the problem of adopting the Constitution to the needs of the Twentieth Century. Rendered into the idiom of American constitutional law, this means that the National Government is entitled to employ any and all of its powers to forward any and all of the objectives of good government. (Italics in the original) This is related to my saying "Greed is Good". I believe greed can be good, that it can be a motivator. It can help build bigger companies. But it cannot be the only object of an activity; it cannot be the end, the `telos'. To me, this is the essence of what the Fortress Investment Group with its passenger rail project does not understand. It does not understand that the end of, the 'telos' of, a community is not wealth, it is good order, 'eunomia'. This was understood by Solon when the Athenians brought him in to restore 'eunomia', it was understood by both Roosevelts as they dealt with the problems brought by the "laissez faire" business philosophy. and it is understood by the members of the communities along the Treasure Coast. Until Fortress and its associated companies fully grasp and internalize this, as long as it remains the enemy of good order in our communities, the AAF passenger rail project will not be welcome along the Treasure Coast. A final thought. Politically, I consider myself to be a moderate Republican. Progressives in the community consider me a liberty -loving conservative. If you are baffled by my view of the AAF passenger rail project, consider for a moment how baffled the 90 percent of the Treasure Coast residents, who are to my political left, must be by yours. Sincerely, Bob Solari District 5 BS:mlp cc: Governor Rick Scott Senator Joe Negron Representative Debbie Mayfield Mr. Rich Campbell 217 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: September 26, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District • Subject: Final Pay for CDM Smith Work Order No. 9 — Annual Permitting Services 2014 DESCRIPTIONS AND CONDITIONS: On February 11, 2014 the Solid Waste Disposal District (SWDD) Board approved Work Order No. 9 to CDM Smith to provide Professional Engineering services in Annual Financial Reports for the Indian River County Solid Waste Disposal District. The total authorization was executed with a not to exceed budget of $50,290.00 and the following scope of work: Financial Assurance Report and Full Cost Accounting Report ANALYSIS: CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $10,052.50. After final payment, the total amount paid to CDM Smith will be at the budget of $50,290.00. Attached is CDM Smith's letter report describing in more details the services provided under each task. FUNDING: Funding for this work is budgeted and available in the SWDD Engineering account which is funded from SWDD assessments and user fees. ACCOUNT NO.: Description Account Number Amount Financial Assurance & Full Cost Accounting 41121734-033130 $10,052.50 RECOMMENDATION: SWDD staff recommends that its Board approve CDM Smith's final invoice amount of $10,052.50. ATTACHMENT(s): 1. CDM Smith Project Completion Report & Final Invoice SWDD Agenda - Final Pay CDM Smith WO No 9 Financial Reports Page 1 of 2 218 APPROVED FOR AGENDA: By: For: eph A.Baird, County Administrator 0 7 avid` Date Indian River Co. Approved Date Administrationf ,l, 42 / LI- Legal 04 lf 1 1/1 Budget , / SWDDet, 1 2 il li SWDD-finance C h11, q- Z t4% SWDD Agenda - Final Pay CDM Smith WO No 9 Financial Reports Page 2 of 2 219 CDM Smith 1701 Highway A+A, Suite 301 Vero Beach, Florida 32963 tel: +1 772,231.,.‘001 fax: +1 7722314332 cdmsmith.com September 26, 2014 HAND DELIVERED Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject Indian River County Solid Waste Disposal District Annual Permitting Services 2014 Final Invoice DearMr. Mehta: Transmitted herewith is -a project completion report for the above reference project. This work was completed in -accordance with the Continuing Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM Smith Inc: (CDM Sinith), dated Decembee6, 2011, under Work Authorization No. 9 dated February 11, 2014. This project completion report is to serve as additional information to the final invoice (Invoice No. 80501362/7). Each year IRC SWDD is required to document environmental compliance in accordance with several different permits. CDM Smith assists IRC SWDD with some of these submittals to the Florida Department of Environmental Protection (FDEP) each year. This project provided the required permitting services including: is Task 1.0 - Full Cost Accounting • Task 2.0 - Financial Assurance TASK 1.0 - FULL COST ACCOUNTINGSTUDY AND REPORT Under provisions of Chapter 62408300(3), Florida Administrative Code (F.A.C.), IRC SWDD is required to determine and publicly disclose the full cost of solid waste management -within -its service area for Fiscal Year 2012-2-013. j1570.doc WATER + ENVIRONMENT.+ TRANSPORTATION + ENERGY + FACILITIES 220 CDM Smith Mr. Himanshu H. Mehta, PE. Managing Director September 26, 2014 Page 2 CDM Smith prepared a Full Cost Accounting Report, which was delivered to IRC SWDD on June 18, 2014. This report sets forth the full cost of solid waste management for Fiscal Year 2012-2013; in accordance with the requirements of Chapter 62-708, F.A.C. CDM Smith also prepared a Public Notice Disclosure based on the full cost of solid waste management in IRC SWDD for Fiscal Years. 2012-2013. TASK 2.0 FINANCIAL ASSURANCE IRC SWDD operates.a _Class 1 landfill and a Construction and Demolition (C&D) debris landfill facility-througha contract with Republic Services Inc. SWDD is required by Chapter 62.-701, F.A.C. to provide financial assurance for each Of theselacilities annually. Task 21 -FinanektlAssurance Report CDM Smith prepared documentation that demonstrated proof of financial assurance for the cost of closing and providing long-term care for the Class 1 landfill, the C&D debris landfill, and the waste tire processing center. CDM Smith submitted a final Financial Assurance Report, which included recommendations for Fiscal Year 2013-2014 escrow account balances to SWDD on September 26; 2014. Task 2.2 - Survey_and Airspace Assessment Under this task CpMSrnith provided a survey and assessment of consumed airspace. The survey work was performed by Masteller, Moler, Reed & Taylor, Inc. for the Class I and construction & demolition (C&D) debris landfills. The survey work for the Class I landfill included a complete topographic survey of the "Infill", the entire Segment 1 cell, as well as the ditches and roadways surrounding the Class I area. The topographic survey of the C&D debris landfill site was included in the waste Area, aswellas the fence -line and the surrounding ditches and berms adjacent to the C&D debris landfill site. The deliverable from Masteller, Moler, Reed & Taylor, Inc. consisted ofe survey report identifYing the date the field survey was completedand the airspace consumed for theSegments11 and 111 portionsofthe ClaSsi Jandfill,:as well as the C&D debriilandfill. The deliverable included the topographic survey, aerial photograph, and a -compact disk containing the AutoCAD files. As part of this task, CDM Smith performed a check of the compaction of the waste. Based on the compacted in-place waste, it appears that the contractual compaction requirements were met. .070.0c 221 CDM Smith Mr. Hinianshn Mehta, P.E. Managing Director September 26,.2014 Page 3. CDM:Smith appreciates the PPPPrIvnity to providp these -services to. IRC SVVDD. ifyou have any questions or require-dditional information on the above project; please contact me. Sincerely, Kevin &Vann, P.E.,_13CEE Senior Project Manager CDM Smith Inc. KNV/jj File: PVV_PI,1 6706-102894.02.01 i1570.doc 222 Smith 6365 N.W. 6th Way, Suite 200 Fort Lauderdale, Fbrida 33309 tel: +1 954 776-1731 fax: +1 954 928-1649 cdmsmith.com INDIAN RIVER COUNTY FLORIDA MR. HIMANSHU H. MEHTA MANAGING DIRECTOR OF SOLID WASTE DISPOSAL D (STRICT 1325 74TI I AVENUE S.W. VERO BEACH, FLORIDA 32968 Amount Due This Invoice: 810,052.50 Plcasc Rcrnit To: CDM SMITH P.O. BOX 100902 ATLANTA, GEORGIA 30384-0902 SEPTEMBER 30, 2014 INVOICE NUMBER: 80501362/7 PROJECT NUMBER: 102894 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE In Accordance with the Continuing Contract Agreement dated December 6, 2011 and Work Order No. 9 dated February 11, 2014 between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: ANNUAL PERMITTING SERVICES - 2014 Services through September 30, 2014 - FINAL INVOICE TASK 1.0 - FULL COST ACCOUNTING Contract Amount: $ Lump Sum Amount: $ Percent Complete: Billed ITD: $ Less Previously Invoiced: $ Amount Due: $ TASK 2.0 - FINANCIAL ASSURANCE Contract Amount: $ Lump Sum Amount: $ Percent Complete: Billed ITD: $ Less Previously Invoiced: $ Amount Due: $ 10,080.00 10,080.00 100.00% 10,080.00 10,080.00 0.00 40,210.00 40,210.00 100.00% 40,210.00 30,157.50 10,052.50 WATER + ENVIRONMENT + TRANSPORTATION + ENERGY + FACILITIES 223 Smith INDIAN RIVER COUNTY FLORIDA MR. HIMANSI-IU H. MEHTA MANAGING DIRECTOR OF SOLID WASTE DISPOSAL D (STRICT 1325 74TH AVENUE S.W. VERO BEACH, FLORIDA 32968 Amount Due This Invoice: $10,052.50 Please Remit To: CDM SMITH P.O. BOX 100902 ATLANTA, GEORGIA 30384-0902 SEPTEMBER 30, 2014 INVOICE NUMBER: 80501362/7 PROJECT NUMBER: 102894 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Contract Amount: $ Lump Sum Amount: $ Percent Complete: Billed ITD: $ Less Previously Invoiced: $ Amount Due: $ Total: $ 10,052.50 50,290.00 50,290.00 100.00% 50,290.00 40,237.50 10,052.50 Solid Waste Disposal District (SWDD) 1V-r7t5 i— 033130 Aoct.# D1 CCtOT Managing Director 2 t&) 224