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HomeMy WebLinkAbout03/11/2014 (2)Certificate of Recognition Indian River County Board of County Commissioners Hereby Recognizes Island Boats, Inc. For Outstanding Achievement for the 2014 Innovation Award at the Miami International Boat Show held on February 13, 2014 Peter D. O'Bryan, Wesley S. Davis, Vice -Chairman Bob Solari oseph E. lescher JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 27, 2014 SUBJECT: APPROVAL OF WARRANTS February 21, 2014 to February 27, 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 February 21, 2014 to February 27, 2014. Attachment: DB: MS 2 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 309069 2/27/2014 PAUL CARONE 4,014.00 309070 2/27/2014 PAUL JULIN 1,246.00 309071 2/27/2014 LINDSEY GARDENS APARTMENTS 769.00 309072 2/27/2014 CREATIVE CHOICE HOMES XVI LTD 286.00 309073 2/27/2014 PINNACLE GROVE LTD 1,511.00 309074 2/27/2014 VERO CLUB PARTNERS LTD 1,440.00 309075 2/27/2014 DAVID SPARKS 544.00 309076 2/27/2014 INDIAN RIVER INVESTMENT REALTY INC 481.00 309077 2/27/2014 THE PALMS AT VERO BEACH 639.00 309078 2/27/2014 ED SCHLITT LC 544.00 309079 2/27/2014 JOHN COLONTRELLE 515.00 309080 2/27/2014 ARTHUR PRUETT 410.00 309081 2/27/2014 JOSEPH LOZADA 2,708.00 309082 2/27/2014 HFB OF FLORIDA LLC 644.00 309083 2/27/2014 EARRING POINT PROPERTIES 410.00 309084 2/27/2014 ANDRE DORAW'A 545.00 309085 2/27/2014 STEVEN F BERNYK 929.00 309086 2/27/2014 MARK KNOWLES 584.00 309087 2/27/2014 VIRGINIA PINES 438.00 309088 2/27/2014 PAULA WHIDDON 553.00 309089 2/27/2014 GATOR INVESTMENTS 605.00 309090 2/27/2014 JAMES W DAVIS 293.00 309091 2/27/2014 NITA EZELL 488.00 309092 2/27/2014 SOUTHERN ASSOCIATES LLC 642.00 309093 2/27/2014 DANIEL CORY MARTIN 1.277.00 309094 2/27/2014 CRAIG LOPES 350.00 309095 2/27/2014 INDIAN RUN LIMITED PARTNERSHIP 1,126.00 309096 2'27/2014 MADISON VINES APARTMENTS LLC 518.00 309097 2/27/2014 FREDDA LOZADO 582.00 ,"Ne., 309098 2/27/2014 MTD4 PELED LLC 441.00 309099 2/27/2014 WILLIAM LEE 481.00 309100 2/27/2014 E EDWARD VAANDERING 1,021.00 309101 2/27/2014 STUART BREEZES LLC 565.00 309102 2/27/2014 MARK BAER 27,470.00 309103 2/27/2014 JORDAN MOWER INC 728.43 309104 2/27/2014 RANGER CONSTRUCTION IND INC 5,701.74 309105 2/27/2014 VERO CHEMICAL DISTRIBUTORS INC 119.75 309106 2/27/2014 RICOH USA INC 307.82 309107 2/27/2014 CHISHOLM CORP OF VERO 3,439.90 309108 2/27/2014 VELDE FORD INC 187.63 309109 2/27/2014 STEWART MINING INDUSTRIES INC 633.30 309110 2/27/2014 AT&T WIRELESS 536.34 309111 2/27/2014 DATA FLOW SYSTEMS INC 1,590.00 309112 2/27/2014 SEWELL HARDWARE CO INC 65.13 309113 2/27/2014 COLD AIR DISTRIBUTORS WAREHOUSE 367.16 309114 2/27/2014 E-Z BREW COFFEE& BOTTLE WATER SVC 16.47 309115 2/27/2014 KELLY TRACTOR CO 1,215.05 309116 2/27/2014 GRAYBAR ELECTRIC 629.34 309117 2/27/2014 MCMASTER CARR SUPPLY CO 256.18 309118 2/27/2014 AMERIGAS EAGLE PROPANE LP 112.20 309119 2/27/2014 HACH CO 1,280.24 309120 2/27/2014 KSM ENGINEERING&TESTING INC 530.00 309121 2/27/2014 11D SUPPLY WATERWORKS, LTD 4,517.15 309122 2/27/2014 PETES CONCRETE 580.00 309123 2/27/2014 EGP INC 414.81 309124 2/27/2014 VERO INDUSTRIAL SUPPLY INC 95.71 309125 2/27/2014 EXPRESS REEL GRINDING INC 2,000.00 309126 2/27/2014 FIRESTONE COMPLETE AUTO CARE 562.75 1 3 CHECK NBR CK DATE VENDOR AMOUNT 309127 2/27/2014 CARTER ASSOCIATES INC 3,304.46 309128 2/27/2014 CARTER ASSOCIATES INC 3,091.05 309129 2/27/2014 CHILDCARE RESOURCES OF IRC INC 19,488.88 .. 309130 2/27/2014 DELL MARKETING LP 9,22528 309131 2/27/2014 GENERAL PART INC 1,745.46 309132 2/27/2014 GOODYEAR AUTO SERVICE CENTER 686.76 309133 2/27;2014 BAKER&TAYLOR INC 2,851.51 309134 2/27/2014 GROVE WELDERS INC 268.63 309135 2/27/2014 MIDWEST TAPE LLC 387.61 309136 2/27/2014 FATHER& SON CARPET LLC 620.43 309137 2/27/2014 CENTRAL WINDOW OF VERO BEACH INC 496.65 309138 2/27/2014 K&M ELECTRIC SUPPLY 67.37 309139 2/27/2014 FIRST HOSPITAL LABORATORIES INC 382.50 309140 2/27/2014 GO COASTAL INC 172.70 309141 2/27/2014 DLT SOLUTIONS LLC 945.29 309142 2/27/2014 SUNSHINE REHABILATION CENTER OF IRC INC 90.00 309143 2/27/2014 GREENE INVESTMENT PARTNERSHIP LTD 3,114.58 309144 2/27/2014 TINDALE-OLIVER&ASSOCIAT'ES INC 27,313.13 309145 2/27/2014 CLERK OF CIRCUIT COURT 2.294.60 309146 2/27/2014 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 309147 2/27/2014 MEDICAL EXAMINERS OFFICE 22,974.08 309148 2/27/2014 VICTIM ASSISTANCE PROGRAM 4,428.66 309149 2/27/2014 ROGER J NICOSIA 1,500.00 309150 2/27/2014 CITY OF VERO BEACH 6,402.02 309151 2/27/2014 CITY OF VERO BEACH 341.92 309152 2/27/2014 CITY OF VERO BEACH 2,011.99 309153 2/27/2014 CITY OF VERO BEACH 11,612.50 309154 2/27/2014 ILLINOIS STATE DISBURSEMENT UNIT 142.32 309155 2/27/2014 CHAPTER 13 TRUSTEE 478.38 309156 2/27/2014 UNITED WAY OF INDIAN RIVER COUNTY 840.94 309157 2/27/2014 TEAMSTERS LOCAL UNION#769 5,353.00 309158 2/27/2014 INDIAN RIVER ALL FAB INC 958.10 309159 2/27/2014 FLORIDA DEPARTMENT OF BUSINESS AND 1,870.00 309160 2/27/2014 PETTY CASH 72.34 309161 2/27/2014 INDIAN RIVER STATE COLLEGE 5,550.00 309162 2/27/2014 JANITORIAL DEPOT OF AMERICA INC 416.22 309163 2/27/2014 TREASURE COAST HOMELESS SERVICES 6,340.94 309164 2/27/2014 HENRY FISCHER&SONS INC 725.00 309165 2/27/2014 SAN MARCO INT'L INC 617.61 309166 2/27/2014 TOTAL TRUCK PARTS INC 11022 309167 2/27/2014 ACUSHNET COMPANY 4,549.93 309168 2/27/2014 INTERNATIONAL GOLF MAINTENANCE INC 85,581.00 309169 2/27/2014 EXCHANGE CLUB CASTLE 4,944.20 309170 2/27/2014 GEOSYNTEC CONSULTANTS INC 460.49 309171 2/27/2014 DUMONT COMPANY INC 1,425.75 309172 2/27/2014 IRC CHAMBER OF COMMERCE 22,369.38 309173 2/27/2014 FEDERAL EXPRESS 16.49 309174 2/27/2014 FEDERAL EXPRESS 22.22 309175 2/27/2014 HD SUPPLY FACILITIES MAINTENANCE LTD 108.74 309176 2/27/2014 DUNKELBERGER ENGINEERING&TESTING 322.00 309177 2/27/2014 DON LAWLESS 40.00 309178 2/27/2014 SPRINT SPECTRUM LP 27.26 309179 2/27/2014 SPRINT SPECTRUM LP 78.84 309180 2/27/2014 SPRINT SPECTRUM LP 168.21 309181 2/27/2014 CALLAWAY GOLF SALES COMPANY 4,766.53 309182 2/27/2014 SUBSTANCE AWARENESS COUNCIL OF IRC INC 10,660.00 309183 2/27/2014 FLORIDA POWER AND LIGHT 100,831.49 309184 2/27/2014 FLORIDA POWER AND LIGHT 406.26 309185 2/27/2014 ACUSHNET COMPANY 3,185.69 309186 2/27/2014 MIKE CLIFFORD 326.64 2 4 CHECK NBR CK DATE VENDOR AMOUNT 309187 2/27/2014 STATE ATTORNEY 6,497.09 309188 2/27/2014 GLOBAL GOLF SALES INC 405.17 309189 227/2014 JOSEPH A BAIRD 266.00 309190 2/27/2014 HOMELESS FAMILY CENTER INC 1,326.45 309191 227/2014 FLORIDA STATE GOLF ASSOCIATION 118.00 309192 2/272014 BE SAFE SECURITY ALARMS INC 162.00 309193 227/2014 L WALTON ELECTRIC INC 1,57034 309194 2/27/2014 CENTRAL FLORIDA PRIMA 25.00 309195 2/27/2014 GERALD A YOUNG SR 90.00 309196 227/2014 RANGE ROAD MINE LLC 2,119.18 309197 2/27/2014 MISDU MICHIGAN STATE 445.75 309198 2/272014 ALAN C KAUFFMANN 160.00 309199 2/27/2014 G K ENVIRONMENTAL INC 2,000.00 309200 2/27/2014 CHILDRENS HOME SOCIETY OF FL 1,250.00 309201 2/27/2014 ADVANCED XEROGRAPHICS IMAGING 1,219.69 309202 2/27/2014 DONADIO AND ASSOCIATES ARCHITECTS 11,060.54 309203 2/27/2014 C&C ELECTRIC WORKS INC 3,425.00 309204 2/27/2014 JAMES WILLIAM OOLEY 40.00 309205 2/272014 HOMETOWN NEWS 415.00 309206 2/27/2014 FLORIDA DEPT OF JUVENILE JUSTICE 29,487.59 309207 2/27/2014 VAN WAL INC 8.00 309208 2/27/2014 ALAN HILL 57.14 309209 2/27/2014 SHERWIN WILLIAMS CO 309.60 309210 2/272014 JOHNS EASTERN COMPANY INC 3,975.00 309211 2/27/2014 PAK MAIL CENTER 85.95 309212 2/272014 DICKERSON FLORIDA INC 1,321,308.15 309213 2/27/2014 ETR LLC 385.12 309214 2/27/2014 SAFETY HARBOR RESORT AND SPA 336.00 309215 2/272014 DAVID S1LON 320.00 309216 2/27/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 209.48 309217 2/27/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 21232 309218 2/27/2014 ADMIN FOR CHILD SUPPORT ENFORCEMENT 118.47 309219 2/272014 A.G. MAURO CO. OF FL 760.00 309220 227/2014 GARY L EMBREY 40.00 309221 2/27/2014 LARRY STEPHEN FAISON 60.00 309222 2/27/2014 JOSE RIVERA 80.00 309223 2/27/2014 CAROLE J MADIGAN 388.00 309224 2/27/2014 DANE PFARR 60.00 309225 2/272014 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 822.17 309226 2/27/2014 KENNY CAMPBELL JR 120.00 309227 227/2014 ANDY SOBCZAK 58.32 309228 2/27/2014 JOHNNY B SMITH 40.00 309229 227/2014 CHARLES A WALKER 100.00 309230 227/2014 REDLANDS CHRISTIAN MIGRANT ASSOC 2,275.20 309231 2/27/2014 BRIAN FREEMAN 27.03 309232 227/2014 DANIEL IOFFREDO 40.00 309233 2/272014 BENNETT AUTO SUPPLY INC 176.28 309234 2/272014 TREASURE COAST FOOD BANK INC 79.38 309235 2/27/2014 FLEETBOSS G P S INC. 763.50 309236 2/27/2014 HMA-SOLANTIC JOINT VENTURE LLC DBA 15.00 309237 2/27/2014 SANDY ARACENA 80.00 309238 2/27/2014 LAZENBY&ASSOCIATES INC 1,212.08 309239 2/27/2014 HOUCORP INC 200.00 309240 2/27/2014 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 123.19 309241 227/2014 BETHEL FARMS LLLP 69.00 309242 2/27/2014 WOERNER DEVELOPMENT INC 173.00 309243 2/27/2014 ACCUTECH INSTRUMENTATION INC 341.84 309244 227/2014 TREASURE COAST MOTOR CYCLE CENTER INC 159.30 309245 2/27/2014 JUNIOR LEAGUE OF INDIAN RIVER INC 839.00 309246 2/27/2014 STEVEN A ABBOND 40.00 3 5 CHECK NBR CK DATE VENDOR AMOUNT 309247 2/27/2014 SAFETY SCHELL CORPORATION 53.24 309248 2/27/2014 DELRAY MOTORS 67.74 309249 2/27/2014 JOSEPH CATALANO 80.00 Wr.• 309250 2/27/2014 RAYMOND J DUCHF,MIN 80.00 309251 227/2014 NETBOSS TECHNOLOGIES INC 84,333.47 309252 2/27/2014 DAVID SCHRYVER 260.00 309253 227/2014 YP LLC 137.80 309254 2/27/2014 TIM ZORC 29.12 309255 2/27/2014 ALTERATIONS BLESSED 183.00 309256 2/27/2014 AMERICAN IRRIGATION OF IRC INC 924.00 309257 2/272014 SHAWN GINN 40.00 309258 2/27/2014 AMERICAN MESSAGING SERVICES LLC 13.29 309259 2/27/2014 LOWES HOME CENTERS INC 2,867.02 309260 2/27/2014 LABOR READY SOUTHEAST INC 6,587.52 309261 2/27/2014 PPG ARCHITECTURAL FINISHES INC 441.00 309262 2/27/2014 ALEX MIKLO 60.00 309263 2/27/2014 AGN SPORTS LLC 150.00 309264 2/27/2014 WILLIAM SHOAF JR 40.00 309265 2/27/2014 COMMERCIAL BUILDING MAINTENANCE 1,490.63 309266 227/2014 MICHAEL YOUNG 40.00 309267 2/27/2014 ARLENE V NEWSON 112.52 309268 2/27/2014 BPALMIOTTO SOLUTIONS 3,800.00 309269 2/272014 KANSAS STATE BANK OF MANHATTAN 1,028.97 309270 2/27/2014 HINNANT SOLUTIONS INC 2,800.00 309271 2/27/2014 AMERICRANE&HOIST CORPORTATION 4,457.51 309272 2/272014 BRENT LAMB 402.75 309273 227/2014 KAUFMAN ENG LETT& LYND PLLC 1,700.00 309274 2/272014 STEPHANIE STENGER 84.53 Grand Total: 2,025,898.19 4 6 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1003513 2/20/2014 AT&T 11,795.69 1003514 2/20/2014 OFFICE DEPOT BSD CUSTOMER SVC 517.44 1003515 2/20/2014 WASTE MANAGEMENT INC 2,537.18 1003516 2/20/2014 INDIAN RIVER BATTERY 2,286.10 1003517 2/20/2014 REPUBLIC SERVICES OF FLORIDA 46.64 1003518 2/20/2014 DAVIDSON TITLES INC 35.35 1003519 2/20/2014 DAVES SPORTING GOODS&TROPHIES 3,354.90 1003520 2/20/2014 APPLE INDUSTRIAL SUPPLY CO 171.97 1003521 2/20/2014 HOMELAND IRRIGATION 5.89 1003522 2/20/2014 SOUTHERN COMPUTER WAREHOUSE 153.17 1003523 2/20/2014 FERGUSON ENTERPRISES INC 135.85 1003524 2/20/2014 COMO 011,COMPANY OF FLORIDA 627.73 1003525 2/20/2014 SCRIPPS TREASURE COAST PUBLISHING LLC 226.20 1003526 2/20/2014 SHRIEVE CHEMICAL CO 2,877.50 1003527 2/20/2014 RECHTIEN INTERNATIONAL TRUCKS 2,736.51 1003528 2/20/2014 BRIDGESTONE GOLF INC 3,213.95 1003529 2/20/2014 CAPITAL OFFICE PRODUCTS 168.44 1003530 2/20/2014 HARCROS CHEMICALS, INC. 8,638.35 1003531 2/20/2014 AUTO PARTNERS LLC 675.52 1003532 2/20/2014 S& S AUTO PARTS 674.76 1003533 2/20/2014 STAT MEDICAL DISPOSAL INC 715.00 1003534 2/20/2014 EAST COAST ANIMAL MEDICAL CENTER 312.60 1003535 2/25/2014 EVERGLADES FARM EQUIPMENT CO INC 77.81 1003536 2/25/2014 COMMUNICATIONS INTERNATIONAL 1,340.89 1003537 2/25/2014 HENRY SCHEIN INC 5,258.05 1003538 2/25/2014 NORTH SOUTH SUPPLY INC 13.32 1003539 2/25/2014 REPUBLIC SERVICES OF FLORIDA 46.63 1003540 2/25/2014 MIKES GARAGE&WRECKER SERVICE INC 55.00 1003541 2/25/2014 APPLE INDUSTRIAL SUPPLY CO 101.60 1003542 2/25/2014 THE EXPEDITER 157.28 1003543 2/25/2014 ARAMARK UNIFORM &CAREER APPAREL LLC 429.42 1003544 2/25/2014 CENGAGE LEARNING CORPORATION 66.72 1003545 2/25/2014 SEBASTIAN OFFICE SUPPLY CO 106.61 1003546 2/25/2014 COMMUNITY ASPHALT CORP 141.26 1003547 2/25/2014 CAPITAL OFFICE PRODUCTS 36.70 1003548 2/25/2014 S& S AUTO PARTS 11.60 1003549 2/26/2014 REPUBLIC SERVICES OF FLORIDA 73.68 1003550 2/26/2014 SAFETY PRODUCTS INC 304.59 1003551 2/26/2014 REPUBLIC SERVICES OF FLORIDA 212.00 Grand Total: 50,339.90 1 7 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2855 2/20!2014 1 R C HEALTH INSURANCE-TRUST 48,339.80 ""` 2856 2/20/2014 INDIAN RIVER COUNTY SHERIFF 800,000.00 2857 2/20/2014 IRS-PAYROLL TAXES 47.92 2858 2/20/2014 BANK OF AMERICA 23,704.11 2859 2/21/2014 PROCTOR CONSTRUCTION CO, INC 161,416.09 2860 2/21/2014 CLOSE CONSTRUCTION LLC 558,590.33 2861 2/21/2014 R J SULLIVAN CORP 98,738.77 2862 2/26/2014 ALBERTELLI LAW 58.652.02 Grand Total: 1,749,489.04 1 8 $C� VE Office of the Z 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: February 27, 2014 SUBJECT: Authorization to Attend Florida Government Finance Officers Association Annual Conference The County Administrator is requesting authorization to attend the 2014 FGFOA Annual Conference May 31 to June 4th, 2014, in Orlando, Florida. Funding for this conference was included in the budget and approved in account 00120112. APPROVED AGENDA ITEM Indian River Co Appro d Date I Administrator BY: am F _March 11, 2014 9 t ti 3� 1 w 2014 FCFOA ANNUAL CONFERENCE As president of the Florida Government Finance Officers Association, I want to personally invite you to our 2014 Annual Conference at the Orlando Marriott World Center from Saturday, May 31 —Wednesday,June 4. The conference, through those that serve the organization faithfully, is a professional source for education, networking, leadership, and information. ' • The theme, "Financial Rollercoaster- Staying on Track,"depicts what we have been • experiencing and the ongoing challenges as finance professionals. The 2014 Host Committee has planned several networking opportunities during the conference that will make your stay at the Orlando Marriott World Center a memorable experience for you ® and your guests. You will have an opportunity to exchange new ideas and benefit from the various networking opportunities. The Program Committee has worked diligently to develop a dynamic schedule of topics with intriguing speakers that will provide quality education for everyone, from the beginner to the advanced level. If you have never attended the annual conference, this is a year you don't want to miss! Not only will you be exposed to an exciting lineup of educational sessions and speakers; there will be plenty of opportunities to socialize and network. Mark your calendar for May, 31 --June 4,"Financial Rollercoaster- Staying on Track." Register early as your attendance makes the FGFOXs conference a tremendous success! We look forward to seeing friends and participating in great educational opportunities! See You in Orlando! Registration required Diane Reichard to receive a housing form, • sign up FGFOA President 2013 - 2014 See pages 16-17 f• • - 10 2014 FGFOA Annual Conference Registration Form Course & Event Selection Form Please indicate your preferred concurrent session for each time slot by placing an "X"before the program title. (Please select �" only one course per time slot.) Please also indicate your attendance at the social functions, i.e.Association Night and the Tuesday Night Event. Saturday,May 31 Update on Financing Options for (I Hr-TB) 8:00 a.m.-4:40 p.m. Smaller,Less Frequent Government How to Deal With the Press on (separate registration required) Borrowers(2 Hrs-TB) Financial Issues(1 Hr-BEH) Budget,Economics,and Financial Investment Approaches for Small to Planning Pre-Conference Seminar 3:30 p.m.-5:10 p.m. Medium Governments(1 Hr-TB) (CPE Credit:8 Hrs-TB) Federal Single Audit Act Update(2 Investment Pre-Conference Seminar Hrs-AA) 3:10 p.m.-4:50 p.m. (CPE Credit:8 Hrs-TB) Everything You Always Wanted Internal Audit Forum (2 Hrs-AA) to Know About Community Why Customer Service is Critical for Sunday,June 1 Redevelopment Agencies but Were the Every Day Professional 1:00 p.m.-2:40 p.m. Afraid to Ask(2 Hrs-TB) (2 Hrs-TB) GASB Update(2 Hrs-AA) Variable Annuity-A Unique Finding the Next Finance Director Affordable Healthcare Act Update(2 Allocation of Risk in a Hybrid Plan (2 Hrs-BEH) Hrs-TB) (2 Hrs-TB) Outlook for the Economy and the What's New in Government Banking Impact on the Municipal Bond 3:00 p.m.-4:40 p.m. —Making the Most of Your Banking Market(2 Hrs-TB) GASB Hot Topics(2 Hrs-AA) Partners(2 Hrs-TB) Recent Economic Development 6.30 p.m.-9:30 p.m. Impacting Today's Bond Market Tuesday,June 3 Tuesday Night Event (2 Hrs-TB) 8:00 am.-9:40 a.m. Teen Tuesday Night Event Tickets Cost Allocation (2 Hrs-AA) (13-18) 6:00 p.m.-7:30 p.m. Cash Flow Analysis—Monitoring Child Tuesday Night Event Tickets Association Night Reception Unrestricted Cash 2 Hours(2 Hrs- (3-12) .. (In Exhibit Hall) TB) Pension Challenges Ahead—DB vs. Wednesday,June 4 Monday,June 2 DC(2 Hrs-TB) 8:00 a.m.-11:40 a.m. 7:15 am.-8:00 a.m. Be Careful What You Ask For: Ethics(separate registration/additional fee First-Time Attendee Breakfast/ Managing an Investment Portfolio in required)(4 Hrs-Ethics) Orientation Session a Rising Interest Rate Environment (2 Hrs-TB) 8:00 am.-9:40 a.m. 8:30 a.m.-10:00 am. Municipal Utility Operations— Opening General Session(1 Hr-BEH) 10:00 a.m.- 11:40 a.m. Internal Controls and Best Practices Accounting Complexities Facing (2 Hrs-AA) 10:20 a.m.- 12:00 p.m. Local Governments(2 Hrs-AA) Financial Transparency(2 Hrs-TB) Accounting and Financial Reporting Can We Look Long Range Again? Double DB as Preferred"Fixed for Pensions—GASB 67 and 68 (2 Hrs-TB) Cost"Alternative to 401(k)for New (2 Hrs-AA) Effective Meetings with an Action- Employees(2 Hrs-TB) Fund Balance Budgeting(2 Hrs- Oriented Agenda(2 Hrs-TB) What's Next for Interest Rates? TB) Nuts and Bolts of Dcfined (2 Hrs-TB) Translating Leadership Qualities into Contribution Plan—Investing and Behaviors (2 Hrs-BEH) Other Fiduciary Responsibilities 10:00 a.m.- 11:40 a.m. Tax Exempt Bonds:An Endangered (2 Hrs-TB) Understanding Government-Related Species?(2 Hrs-TB) Fraud(2 Hrs-AA) 11:45 a.m.-2:00 p.m. What Every Finance Officer Needs to 1:30 p.m.-3:10 p.m. Luncheon and Annual Business Know About Economic Incentives Local Government Accountability Meeting(registered attendees only) (2 Hrs-TB) Update(2 Hrs-AA) Information Technology Governance General Fund Five-Year Forecasting 2:00 p.m.-2:50 p.m. (2 Hrs-TB) on the Fly(2 Hrs-TB) COSO Framework(1 Hr-AA) Update on Rating Agency Process Collective Bargaining and Other Disaster Preparation and Recovery: (2 Hrs-TB) Union Issues(2 Hrs-TB) What is Your Responsibility? 20 11 2014 FGFOA Annual Conference Registration Form Online registration also is available at www.fgfoa.org. Please do not send in this form if you are registering online. Return completed form with registration fees to:FGFOA Annual Conference, P.O. Box 1757,Tallahassee, FL 32302. Make checks payable to FGFOA Annual Conference. Please type or print information requested.Complete a separate form for each registrant.Advance registration will not be processed without payment. MasterCard and Visa credit cards are accepted and can be faxed to(850) 222- 3806.This form is for conference registration only and not for hotel reservations. Please type or print clearly. Full Name: First Name or Nickname: (As you wish it to appear on your badge) Title: Affiliation: (City, County or Company,etc.) Mailing Address: City: State: Zip: Work Phone: Email Address: First-Time Attendee?: ❑ Yes ❑ No Office Contact Person: Phone: Method of Payment: ❑ Check(payable to FGFOA) ❑ Visa ❑ MasterCard Credit Card Number: Expiration Date: Card Holder's Name: Card Holder's Signature: Billing Address for Credit Card(if different from above): City: State: Zip: PAYMENT AND CLASS ROSTER (FOLLOWING PAGE) MUST ACCOMPANY EACH REGISTRATION Early Fee Late Fee Fee Paid By 05/7/2014 After 05/7/2014 Special Needs: If you are Registration Type(Please check only one) physically challenged and require special services,or FGFOA Active Member $ 225.00 $ 265.00 if you have special dietary FGFOA Associate Member $ 285.00 $ 325.00 needs,please attach a FGFOA Non-Member $ 345.00 $ 385.00 written description to your Ethics Seminar $ 65.00 $ 75.00 advance registration form. Pre-Conference Seminar Cancellations:Must be FGFOA Active Member $ 90.00 $ 130.00 received and confirmed FGFOA Associate Member $ 130.00 $ 170.00 in writing by 5:00 p.m., FGFOA Non-Member $ 165.00 $ 205.00 Friday,May 16,2014, to entitle registrant to Other Fees and Guest Tickets a refund of registration Guest Association Night Tickets $ 30.00 $ 40.00 fees,less a$40.00 Guest Tuesday Night Event Ticket $ 50.00 $ 60.00 administrative fee. Teen Tuesday Night Event Ticket(13-18) $ 25.00 $ 35.00 Child Tuesday Night Event Ticket(3-12) $ 25.00 $ 35.00 Office Use Only Golf Tournament* $ 90.00 $ 90.00 Payment Received ('}bu must be pre-registered in order to play in the GofTournament) Check# Pairing Preference: Date Received Total Amount Due: Amount .r. 19 12 �rl../. CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird, County Administrator FROM: Colleen Peterson, Human Resources Manager J\ 1 DATE: March 3, 2014 SUBJECT: Agreement with Brevard County to Provide Development Training to Indian River County Employees Staff seeks approval to enter into an agreement with Brevard County Board of County Commissioners for Brevard County staff to provide employee development training to Indian River County employees at the March 11, 2014 regular meeting of the Board of County Commissioners. BACKGROUND: Brevard County has an established training program relating to employee development and has offered to provide training to employees of Indian River County. The full scope of their training/workshop offerings is included in Attachment A. All training will be conducted at Indian River County facilities, and Indian River County will pay the vehicle mileage costs ($0.565 per mile) of Brevard County staff to travel to our facilities. The costs and duration of the courses are as follows: Mandatory Training for Development of New Employees (3-hour classes @ $20 per employee). Courses include, but are not limited to: ➢ Workplace Harrassment Awareness and Prevention ➢ Customer Contact-Lasting Impressions ➢ Preventing Workplace Violence Employee Development Program (3-hour classes, conducted over 3 phases, @ $20 per employee). They include, but are not limited to: ➢ Phase I—Time Management Skills, Communication for Results, etc. ➢ Phase II—Measuring Customer Satisfaction, Dealing with Difficult People, etc. ➢ Phase III—Grievance Handling, Managing Diversity, etc. Specialtv Workshops (vary in price, subject matter, and duration). They include, but are not limited to: ➢ Public Records/Government in the Sunshine (3-hour class @ $20 per employee) ➢ Presentation Skills (1-day class @ $25 per employee) ➢ The 5 Choices of Extraordinary Productivity (2-day class @ $205 per employee) 13 FUNDING: Each department will be responsible for funding the training costs of its staff. RECOMMENDATION: Staff recommends that the Board approve and authorize the County Administrator to execute the Agreement with Brevard County Board of County Commissioners for employee development training. ATTACHMENTS: Agreement Attachment A-Training Courses Attachment B-Billing and Payment Schedule APPROVED FOR AGENDA: By; Indian River Co. Approved Date Josep A. Baird, County Administrator Administration Legal J For: W 44'r—/ z �Dl Budget ) Date Dept. OW j J J Risk Management wr F:\Personnel\Colleen\Colleen 2014\Agenda Item-Brevard County Training 2-7-14.doc 14 AGREEMENT THIS AGREEMENT (the "Agreement") is entered in to this _ day of March, 2014 (the "Effective Date"), by and between the Board of County Commissioners of Brevard County, Florida, a political subdivision of the State of Florida (hereinafter"Brevard"), and the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida(hereinafter"Indian River"). WITNESSETH: WHEREAS, Indian River has a desire to improve employee development training for Indian River staff; and WHEREAS, Brevard has an established training program relating to employee development and wishes to make classes in its program available to Indian River staff; and WHEREAS, the provision of such services shall mutually benefit the parties hereto and the residents of Brevard County and Indian River County, Florida. NOW THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. INITIAL TRAINING PROGRAMS. Brevard shall offer to Indian River the training courses outlined in Attachment A. The cost per participant for these training courses is outlined in Attachment A. If Indian River desires to schedule a training course, the Indian River Human Resources Manager shall notify the Brevard Human Resources Director. Within 15 days of receiving the notice, Brevard shall provide at least ,New three available dates and times for the training course to occur within 60 days. The minimum number of participants shall be 15 for any given training course and the maximum number of participants shall be 40 for any given training course. Brevard shall furnish to the Indian River Human Resources Manager all training materials for each participant, and audio visual aids for the scheduled training course, at least one week before the training course. Indian River shall make available a training facility for the training course at an Indian River site. Indian River shall pay vehicle mileage costs ($0.565 per mile)of Brevard staff for training conducted at Indian River County training sites. The start location to be used for determining travel mileage shall be the Brevard Government Center located at 2725 Judge Fran Jamieson Way, Viera, FL 32940. 2. FUTURE TRAINING PROGRAMS. Brevard shall offer to Indian River, annually on the anniversary of the Effective Date of this Agreement, a Training and Development Opportunities manual outlining training courses and employee development opportunities offered through Brevard's Human Resources office. Such training courses shall be offered on the terms as set forth in Section 1 above. Brevard agrees to work with Indian River staff and develop specific training curricula specific to Indian River as needed to meet their particular training needs, consistent with Indian River policies and procedures. Indian River may develop its own employee development and/or certification program based in whole or in part on training programs offered through Brevard. Brevard Human Resources staff shall support and participate in the development of any Indian River employee certification program and related testing developed for such program(s),Indian River may, in its sole discretion, offer selected Indian River employees to become certified facilitators of training programs offered through Brevard. Indian River shall pay all costs related to such facilitator certifications. Such facilitators may participate as certified facilitators in Brevard sponsored training, dependent upon their availability. 1 15 �... 3. TERM. The term of the Agreement shall be for one year beginning on March _, 2014 and ending on March_, 2015. Brevard and Indian River, through the Brevard Director of Human Resources and the Indian River Human Resources Manager, may mutually agree to renew this Agreement from year to year, upon the same terms and prices, unless otherwise agreed upon by amendment to the Attachments referenced herein. Any increase in price in the training courses shall be approved by the Board of County Commissioners of Indian River County. 4. PAYMENT. Indian River shall remit payment in accordance with the Florida Prompt Payment Act, section 218.70, Florida Statutes, et seq. 5. INDEMNIFICATION. Brevard and Indian River as political subdivisions defined in Section 768.28. Fla Stat., agree to be fully responsible to the extent provided by Section 768.28 Fla Stat. for their own negligent acts or omissions or tortuous acts which result in claims or suits against them. Nothing herein in intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by Brevard or Indian River to be sued by a third party in any matter. 6. MODIFICATIONS TO CONTRACT. This Agreement, together with any exhibits, task assignments and schedules, constitute the entire agreement between Brevard and Indian River and supersedes all prior written or oral understandings. This Agreement and any exhibits, task assignments and schedules may only be amended, supplemented or canceled by a written instrument duly executed by the parties hereto. 7. INSURANCE. Brevard and Indian River, at their own expense, shall keep in force and at all times maintain general liability and automobile liability coverage consistent with and at a minimum, the limits provided by Section 768.28 Fla Stat.during the term of this Agreement. 8. WORKERS' COMPENSATION COVERAGE. Brevard and Indian River shall provide the full and complete statutory Workers' Compensation Coverage,for their own employees and at their own expense. 9. ATTORNEY'S FEES. In the event of any legal action to enforce the terms of this Agreement each party shall bear its own attorney's fees and costs. 10. GOVERNING LAW. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 11. COMPLIANCE WITH STATUTES. It shall be the responsibility of each party to be aware of and comply with all federal, state and local laws. 2 16 12. VENUE. Venue for any legal action by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida and any trial shall be non-jury. 13. TERMINATION. If either party fails or refuses to perform any of the provisions of this Agreement or otherwise fails to timely satisfy the Agreement provisions, either may notify the other party in writing of the nonperformance and terminate the Agreement or such part of the Agreement as to which there has been delay or a failure to properly perform. Such termination is effective upon the other party's receipt of the Notice of Termination. Indian River is only responsible for payment to Brevard for work completed by Brevard prior to the effective date of termination. 14. TERMINATION FOR CONVENIENCE. Either party may terminate this Agreement for their own convenience upon providing thirty (30) days' written notice to the other party. In the event of a termination for convenience, the only sum payable will be the sums the respective party is otherwise obligated to pay under the terms of this Agreement up to the effective date of termination, and any other sums the respective party is otherwise obligated to pay under the terms of this Agreement up to the date of termination. 15. INDEPENDENT CONTRACTOR. Brevard and Indian River shall perform the services under this Agreement as an independent contractor to the other and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute Brevard or any of its agents or employees to be the agent, employee or 1, representative of Indian River and vice versa. 16. CONSTRUCTION OF AGREEMENT. The parties hereby acknowledge that they fully reviewed this Agreement, its Attachments and had the opportunity to consult with legal counsel of their choice, and that this Agreement shall not be construed against any party as if they were the drafter of this Agreement. 17. NOTICE. Notice under this Agreement to Brevard shall be given by certified mail or hand delivery as follows: Frank Abbate, Human Resources Director, 2725 Judge Fran Jamieson Way, Bldg. B, Viera, FL 32940 and Notice to Indian River shall be given by certified mail or hand delivery as follows: Colleen Peterson, Human Resources Manager, 1800 27th Street, Vero Beach, FL 32960-0310. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORID By: r Ho rd N.Tip t n, Coun/M nager Date: ". rT� / 2014. 3 17 ATTEST: Jeffrey R. Smith, BOARD OF COUNTY COMMISSIONERS OF Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Peter D. O'Bryan, Chairman Approved by BCC: 2014. Approved: Approved as to form and legal sufficiency: r--1 ! f seph A Baird, County Administrator Dylan Reingold, County Attorney 4 18 Attachment "A" Mandatory Training for Development. offeiv Employees: (3 hour classes (c $20.00 per employee) * Workplace Harassment Awareness and Prevention * Preventing Workplace Violence * Anger Management * Customer Contact-Lasting Impressions x The Role of Ethics in Public Government Employee Development Proms(3 hour classes @ $20.00 per employee) 0 Phase I * Time Management Skills * Communicating for Results • Conflict Resolution Skills * Basic Writing Skills * Advanced Writing Skills * Civil Beginnings 0 Phase II: * Measuring Customer Satisfaction * Motivational Skills for Supervisors * The Leadership Challenge * Continuous Improvement Awareness * Team Building * Dealing with Difficult People 19 Employee Development Progi"al7Z continued(3 hour classes (a, $20.00 per employee) 0 Phase III: * Supervising in Today's Work Environment • Grievance Handling * Caring for Our Own -Managing Risk Effectively * Our Hiring Process in an Equal Employment Environment * Budget Training * Managing Diversity • Making Performance Evaluations Work * The Role of Ethics in Public Government Specialty Workshops 0 The 7 Habits of Highly Effective People (3 day class @ $331 with planner per employee, $265 without planner per employee) 0 The 7 Habits Maximizer (1 day class @ $75 per employee) 0 The 5 Choices of Extraordinary Productivity (2 day class @ $205 per employee) 0 Public Records/Government in the Sunshine (3 hour class (c� $20 per employee) 0 Presentation Skills (1 day class @ $25 per employee) 0 Give `Em The Pickle!/FISH (3 hour class @ $20 per employee) 0 Executive Leadership Institute (15 months a $1500 per employee) 20 Attachment "B" Training Progr ams Billing Date Payment Date Mar 2014 —Jun 2014 Jun 7, 2014 Jun 30, 2014 July 2014 — Oct 2014 Oct 7, 2014 Oct 30, 2014 Nov 2014 —Feb 2015 Feb 7, 2015 Feb 30, 2015 Mar 2015 — Jun 2015 Jun 7, 2015 Jun 30, 2015 21 /ACS Mission:To protect,promote&improve the health of all people in Florida through IntegratedF r071 John H.Armstrong,state,county&community efforts. � � State Surgeon Gene Vision:To be the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY MEMORANDUM TO: Members of the Board of County Commissioners FROM: Miranda Hawker, Health Department Administrator DATE: March 12, 2014 SUBJECT: Application for Recreational Trails Grant The Department of Environmental Protection Office o Greenways & Trails is offering a grant opportunity under their Recreational Trails Program. a Health Department in cooperation with Indian River County would like to submit an applica on for grant funding through this program to DEP. Applications must be submitted by March 17, 014. We will be applying for a DEP grant in the amo t of$100,000 with an amount of$20,000 of in kind services. The trail would be located at the M in Luther King Park on 28th Court. Funding would allow development of the site and the trail. Gr t match is allowed as in-kind services, and no matching funds are required. It is requested that the Board of unty Commission approve applying for a grant through this program, and authorize the C ministrator to sign the necessary paperwork to complete this grant application. r 1 , Flora Department of Health www.FloridaHaalth.gov In In an River County TwITTER:HeafthyFLA 1 an Street,Vero Beach,FL 32960 FACEBOOK:FLDepartmentoNeafth P;ONE:772/794-7400 w ,.myirchd.com YOUTUBE:fldoh 22 Mission: Rick Scott To protect,promote&improve the health Governor of all people in Florida through integrated state,county&community efforts. t x "`• John H.Armstrong,MD,FACS HEALTH TH State Surgeon General&Secretary Ift.. Vision:To be the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY REPLACEMENT PAGE MEMORANDUM MARCH 11,2014 AGENDA ITEM: 8D TO: Members of the Board of County Commissioners FROM: Miranda Hawker, Health Department Administrator DATE: March 12, 2014 SUBJECT: Application for Recreational Trails Grant The Department of Environmental Protection Office of Greenways & Trails is offering a grant opportunity under their Recreational Trails Program. The Health Department in cooperation with Indian River County would like to submit an application for grant funding through this program to DEP. Applications must be submitted by March 17, 2014. We will be applying for a DEP grant up to the amount of $150,000 with an in kind services amount up to $30,000. The trail would be located at the Martin Luther King Park on 28th Court. Funding would allow development of the site and the trail. Grant match is allowed as in-kind services, and no matching funds are required. It is requested that the Board of County Commission approve applying for a grant through this program, and authorize the County Administrator to sign the necessary paperwork to complete this grant application. -I < Florida Department of Health www.FloridaHealth.gov In Indian River County TWITTER:HealthyFLA 1900 27",Street,Vero Beach,FL 32960 FACEBOOK:FLDepartmentofHealth PHONE:7721794-7400•www.myirchd.com YOUTUBE:fldoh C 06 �" RECREATIONAL TRAILS PROGRAM 62S-2, F.A.C. Department of Environmental Protection Office of Greenways & Trails DEFINITIONS 62S-2.070 GENERAL REQUIREMENTS 62S-2.071 APPLICATION REQUIREMENTS AND PROCESSING 62S-2.072 EVALUATION CRITERIA 62S-2.073 FEDERAL APPROVAL 62S-2.074 GRANT ADMINISTRATION 62S-2.075 COMPLIANCE RESPONSIBILITIES 62S-2.076 62S-2.070 DEFINITIONS •- The terms used in this part are defined as follows: (1) "Cash" means money paid by a grantee to purchase goods and services from private and independent sources for accomplishment of a Recreational Trails Program project. In-kind service costs are not considered cash. (2) "Capital Improvement Plan" means that portion of an applicant's adopted local comprehensive plan which indicates a schedule of capital improvement projects, including estimated costs and target dates for completion. (3) "Corridor" means an area of real property suitable for development as a recreational trail. (4) "Designated Greenway or Trail" means those greenways and trails designated as part of the Florida Greenways and Trails System pursuant to Section 62S-1, F.A.C. 23 ,-*MW (5) "Development" means the act of physically improving an outdoor recreation area, trail facility or project site to increase its ability or capacity to serve as a public outdoor recreation trail. (6) "Equipment" means tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit and used specifically for trail construction or maintenance. (7) "FDOT" means the Florida Department of Transportation. (8) "Facility" means a component which provides or assists in providing outdoor recreation trail opportunities. (9) "FHWA" means the Federal Highway Administration of the U.S. Department of Transportation. (10) "Fiscal Year' means the State fiscal year, July 1 - June 30. (11) "Funding Cycle" means the interval of time between the start of a RTP application submission period and the allocation of project funds by DEP. (12) "Grantee" means an eligible entity receiving RTP funds pursuant to an approved RTP application. (13) "Greenways and Trails Plan" means the document entitled "Connecting Florida's Communities with Greenways and Trails." (14) "Guidance" means the FHWA Recreational Trails Program Interim Guidance manual, dated April 1, 1999. The manual is available from the Department's Office of Greenways and Trails, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399- 3000, (850) 488-3701. 2 24 �... (15) "In-kind Service Costs" means in-house expenses incurred by a grantee for labor or materials, or use of grantee-owned and maintained equipment for accomplishment of an approved RTP project. (16) "Local Government Comprehensive Plan" means a plan adopted pursuant to Chapter 163, Florida Statutes. (17) "Match" means the provision of cash or in-kind service costs in the ratio required by this rule to be added to RTP funds by the grantee for the project cost. (18) "Motorized Trail' means a trail specifically for off-road recreational motorized vehicular activities, including all-terrain vehicle riding, motorcycling, use of off-road light trucks, e-bikes, or other off-road motorized vehicles. (19) "Mixed-Use Trail" means a trail or corridor designated for more than one use, including motorized or nonmotorized uses. �-- (20) "Needs" means a deficiency in or a necessity to carry out a predetermined level of recreational trail service. (21) "NEPA" means the National Environmental Policy Act. (22) "New Construction" means building of new facilities not previously in existence. (23) "Nonmotorized Trail' means a trail designated for foot, bicycle, canoe/kayak, equestrian traffic, or other nonmotorized uses. (24) "Office of Greenways and Trails" means the Office of Greenways and Trails of the Florida Department of Environmental Protection. (25) "Open Space" means an outdoor area the purpose of which is to provide a source of recreation and contribute to environmental harmony through the enrichment of flora, fauna and geological, cultural, or historic features. -- 3 25 (26) "PD&E" means the Project Development and Environment Process developed by the Florida Department of Transportation (FDOT) to serve as a guide for compliance with state and federal environmental policy. (27) "Plan" means the State Comprehensive Outdoor Recreation Plan, Local Government Comprehensive Plan or Land Management Plan, adopted under Section 253.034, F.S. (28) "Pre-agreement Expenses" means expenses incurred by a grantee for accomplishment of an eligible RTP project prior to full execution of a project agreement. (29) "Priority List' means a list that contains all eligible applications which will meet or exceed the minimum point score as required by subsection 62S-2.072(6), F.A.C. (30) "Program" means the Recreational Trails Program. (31) "Program Amount' means the amount of RTP funds allocated by the FHWA for the fiscal year. (32) "Project' means the planned undertaking in which all actions or activities have a clear-cut identity and a well-defined, common outdoor recreation objective that has been planned to the point of definite implementation. (33) "Project Agreement' means an executed contract between the Department and a grantee setting forth mutual obligations regarding an approved RTP project. (34) "Project Cost' means the total amount of a RTP grant award and required match. (35) "Project Element' means an identified facility within a project. (36) "Project Period" means the period of time set forth in a project agreement during which eligible project costs may be incurred and charged to the grant. 4 26 (37) "Project Site" means the specific land area as specifically identified by a survey and a legal description, for which RTP funds are used. (38) "Real Property" means land and improvements attached or affixed to the land. (39) "Recreational Trail" means a thoroughfare or track across land or water, used for recreational purposes such as bicycling, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and long distance backpacking, roller skating, in-line skating, running, aquatic or water activity and vehicular travel by motorcycle, four-wheel drive, all terrain off-road vehicles or dune buggies. (40) "RTP" means the Recreational Trails Program. (41) "RTP Advisory Committee" means a committee established by the Florida Greenways and Trails Council appointed pursuant to s. 260.0142(5), F.S. for the purpose of developing the RTP Priority List. (42) "Renovation" means repair, replacement, or restoration of a trail or trail facilities to an improved condition suitable for public use, which trail and/or facilities have deteriorated due to visitor use to the point where their usefulness is impaired. (43) "Secretary" means the Secretary of the Florida Department of Environmental Protection. (44) "SCORP" means the State Comprehensive Outdoor Recreation Plan for the State of Florida prepared under Section 375.021, F.S. A copy of the SCORP may be obtained from the Office of Park Planning, Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 525, Tallahassee, Florida 32399-3000. (45) "TEA-21" means the federal Transportation Equity Act for the 21st Century, (Pub. L. 105-178, June 9, 1998, as amended by Pub. L. 105-206). 5 27 (46) "Qualified Youth Conservation or Service Corps" means the Urban Youth Corps established under 42 U.S.C. 12656 or a qualified full-time, year-round youth corps program or full-time summer youth corps program as defined in 42 U.S.C. 12572. Specific Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History—May 1, 2001. 62S-2.071 GENERAL REQUIREMENTS. The following constitutes the general requirements for the eligibility for and administration of the program. (1) Distribution of Program Funds. The Department shall distribute RTP funds as reimbursement grants to applicants eligible under this rule. The Department's performance and obligation to award program grants are contingent upon an annual �... allocation by the FHWA and appropriation by the Florida Legislature. (2) Application Submission Period. The Department shall accept program applications only during the application submission period. Applications must be postmarked on or before the last day of the application submission period. The Department shall publish the dates of the application submission period and other pertinent application information in the Florida Administrative Weekly. (3) Maximum Grant Request. The Department shall announce the maximum funds that an applicant may request in an RTP application in the Florida Administrative Weekly. (4) Match Requirements. Match requirements for RTP grants are set forth below: (a) Matching Basis. RTP assistance is provided on a maximum 80:20 (program:grantee) matching basis, except as provided in (d), below. lftu, 6 28 (b) Eligible Match Types. A grantee may utilize the following types of match sources for the grantee share: Cash, or in-kind service costs allowable by this rule and the Guidance. (c) Ineligible Match Sources. Value of real property or inmate labor. (d) Federal Agency Project Sponsors. Federal agency project sponsors may provide their own funds toward RTP projects as additional federal share up to 95 percent of the project cost. (5) Grant Award. The Secretary shall determine the final application priority list, based on a review of the RTP Advisory Committee's recommended priority list and considering the estimated program amount, and shall submit the list to the FHWA for final funding approval. (6) Program Amount Allocation. The program amount shall be divided into three categories: mixed-use, motorized, and nonmotorized. The percentage of the program amount that is allocated to each category, after the Department's seven (7) percent for administrative costs and five (5) percent for education costs have been subtracted from the total allocation, shall be as follows: (a) Mixed-use shall receive 40 percent of the allocation. (b) Motorized shall receive 30 percent of the allocation. (c) Nonmotorized shall receive 30 percent of the allocation. Specific Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History— May 1, 2001. 62S-2.072 APPLICATION REQUIREMENTS AND PROCESSING. 7 29 -14W" The Department shall approve applications for program grants in order of priority until all program funds are depleted under the following standards and criteria: (1) Eligible Applicants. All local governmental entities and state or federal agencies, federally or state recognized Indian tribal governments which have the legal responsibility for the provision of outdoor recreational sites and facilities for the use and benefit of the public, and organizations registered as active Florida nonprofit corporations which have an agreement with a governmental agency to develop public lands, are eligible to submit RTP applications. (2) Project Eligibility. (a) Purpose: RTP grants shall only be awarded to grantees for projects that are for the primary purpose of providing recreational trails for the public. Projects must be designed to comply with paragraph 260.016(1)(e), F.S., and the Guidance. (b) Eligible Site: The site of a proposed RTP project shall be on public lands. The site shall be owned by the applicant or government on or before the closing date of the application submission period. A site not owned by the applicant or government shall be under the applicant's or government's control by a 99-year lease or similar control, such that the applicant has the legal ability to dedicate and manage the site for public recreational trail use pursuant to subsections 62S-2.076(1) and (2), F.A.C. School board property used primarily for educational or school related purposes is not eligible. In addition, nonprofit corporations must provide a letter from the land owner or managing agency stating that it supports the project and will abide by the compliance requirements of this rule, and the Guidance. (c) Number of applications: The maximum number of applications an applicant may submit shall be as follows: local governments may submit one (1); consolidated city- .- 8 30 ` county government may submit two (2); nonprofit corporations may submit one (1); state and federal agencies may submit one (1) per district. (d) Active Projects: A grantee with two incomplete RTP projects by the closing date of an application submission period shall not be eligible to apply. (e) Duplicate Projects: RTP funds shall not be approved for completion of an incomplete RTP project. (3) Permissible Uses of Funds. (a) Maintenance or renovation of existing trails. (b) Development or renovation of trailside or trailhead facilities or trail linkages. (c) Purchase of trail construction or maintenance equipment. (d) Construction of new trails on local and state lands. (e) Construction of new trails crossing federal lands, must be 1. Permissible under other law; 2. Necessary and required by the SCORP that is required by the Land and Water Conservation Fund Act of 1965 and Chapter 375, F.S. and that is in effect; and 3. Approved by each federal agency having jurisdiction over the affected lands under such terms and conditions as the head, or designee, of the federal agency determines to be appropriate; except that the approval shall be contingent upon compliance by the federal agency with all applicable laws. (f) Operation of educational programs to promote safety and environmental protection which specifically relate to the uses of recreational trails, to the extent the Department has not chosen to use the educational funds in whole or in part, to further a statewide goal of the Greenways and Trails Plan. Any unused funds will be made available to applicants in that funding year's grant submission cycle. 9 31 (4) Prohibited Uses. (a) Condemnation of real property. (b) Construction of recreational trails for motorized use on U.S. Forest Service land unless the land is designated for motorized use and such construction is consistent with the approved U.S. Forest Service land resource management plan , a copy of which may be obtained from the U.S. Forest Service, 325 John Knox Road, Tallahassee, Florida 32303. (c) Facilitating motorized trails on otherwise nonmotorized trail areas. (d) Construction or expansion of existing trails for motorized vehicles on state owned property unless such use is consistent with the land management plan required by Section 253.034, F.S. for the site. (e) Trail planning, except when performed by the Department using the administrative funds portion of the State's allocation. (f) Upgrading, expanding, or otherwise facilitating motorized use or access to recreational trails predominantly used by nonmotorized recreational trail users and on which, as of May 1, 1991, motorized use was prohibited or had not occurred. (5) Eligibility Determination. Following closure of the application submission period, Department staff shall review and determine the eligibility of each applicant based on the following: (a) Deficiency Documentation: The applicant may retain eligibility by submitting all documentation missing from or not clear in the application within fifteen working days from the date of the Department's written notification which identifies each missing or unclear item. 10 32 "" (b) Ineligibility: An application, in whole or in part, may be declared ineligible by the Department or the RTP Advisory Committee pursuant to paragraphs 62S-2.073(2)(a)-(I), (3)(a)-(b) and (4)(a)-(b), F.A.C. If a portion of the project application is determined to be ineligible, the applicant will be notified and given 15 working days to revise the ineligible portion. If the ineligible portion still does not meet the subparagraphs stated herein, the ineligible portion shall be severed or, if not severable, the application shall be rejected. (6) Application Evaluation. Each eligible application shall be evaluated on the basis of the information provided in the application in accordance with this part. Each application shall be assigned a total point score pursuant to subsection 62S-2.072(7), F.A.C. A project site or facility would not be considered viable if the project does not receive a minimum number of 55 points for motorized projects, 55 points for nonmotorized projects, 61 points for mixed-use projects, and 61 points for education projects, as awarded under low Section 62S-2.073, F.A.C. An application with fewer than the required minimum points will not be recommended for funding. (7) Priority Lists. A total point score shall be assigned to each application upon evaluation of each project under Section 62S-2.073, F.A.C. The RTP Advisory Committee shall prepare one priority list for each category. Applications shall be ranked on the priority list according to assigned point scores. The application with the highest score will receive the highest rank. The funds used for the project shall reduce that particular category's allocation accordingly. The remaining applications will be arranged in descending order according to their assigned point scores. Applications scoring below the minimum, established pursuant to subsection 62S-2.072(6), F.A.C., shall not be placed on the priority list. The priority list shall include recommendations for distribution of available program funds. In the event there are insufficient applications to account for all program funds 33 assigned to motorized or nonmotorized category, the RTP Advisory Committee may vote to move funds from one category to another. In order to determine whether or not to move funds between motorized and nonmotorized categories, the RTP Advisory Committee shall meet and shall make a determination that there are insufficient applications to use all funds available in that category for that year, and that there is a likelihood that there will be an insufficient amount of applications expected for the next submission cycle. (8) Tie-Breaker System. If two or more applications receive the same score, the following tie-breaker system will be used to decide the priority ranking among them. Tied applications will be evaluated according to the tie-breaker system in order and will be assigned their priority accordingly. Funding History. An order of priority among those applications with equal scores shall be established based on the amount of funds previously received by the applicant through RTP during the previous five fiscal years. This includes funds received under the program's previous name of National Recreational Trails Funding Program. The application from the applicant which received the lowest amount of program funds receives the highest priority. Other tied applications will be arranged in descending order related inversely to the amount of program funds each has received. (9) Unsettled Claims. The Department shall deny or suspend program eligibility to any applicant or grantee against which the Department has an unsettled financial claim related to noncompliance with terms or conditions of an RTP or other DEP outdoor recreation grant. (10) Unfunded and Ineligible Applications. Any unfunded or ineligible applications shall be returned to the applicant upon written request from the applicant. If no such 12 34 request is made within 30 days after notification of grant awards, unfunded applications shall be discarded by staff. (11) Application Form. The Recreational Trails Program Application Form, OGT- 10, effective date May 1, 2001, which shall be used for all applications, is hereby incorporated by reference and is available from the Department's Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399- 3000, (850)488-3701. Specific Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History— May 1, 2001. 62S-2.073 EVALUATION CRITERIA. Pursuant to subsection 62S-2.072(7), F.A.C., a total point score shall be assigned to each eligible application after an evaluation according to the application criteria which follows: (1) Project Type. (a) Construction of new trails on federal, state, county or municipal lands where recreational needs for such construction is shown: 30 points (b) Development and rehabilitation of trailside and trailhead facilities and trail linkages: 25 points (c) Maintenance and restoration of existing trails: 20 points (d) Purchase of trail construction or maintenance equipment: 15 points (2) General Criteria. (a) The project implements the applicant's adopted local comprehensive plan (city or county); or the land management or recreation or trail plan of a state or federal agency such as those referenced in paragraphs 62S-2.072(4)(b) and (d), F.A.C., SCORP, and 13 35 W..- Section 253.034, F.S., and other similar plans and; is included in their Capital Improvement Plan (CIP) or similar plan during the current year or one of the next three (3) fiscal years: 10 points or is included as part of the plan through a resolution or agency commitment committing the applicant to amend their CIP or similar plan to include the project should the applicant receive program funds: 5 points (b) The project addresses one or more issues or goals as identified in the SCORP: 5 points (c) The project addresses one or more issues or goals as identified in the State's Greenways and Trails Plan: 5 points (d) The project facilitates the access and use of trails by persons with disabilities: 5 points (e) The project includes a written letter of commitment between the applicant and a recognized youth conservation or service corps in which the corps agrees to supply a stated amount of labor: 5 points (f) The project provides access to or between: Public parks or other recreational lands or facilities: 5 points Features or areas of historic, cultural, biological or archaeological significance:5 points Existing trail systems: 5 points Residential or public thoroughfare: 5 points (g) The applicant obtained public involvement through the following methods: Presentation at an advertised public meeting held solely for the discussion of the proposed project: 15 points 14 36 low Presentation at a regularly scheduled meeting of an advisory board, with duties related to park, recreation and leisure service activities: 10 points Presentation to community organizations or neighborhood associations, or taking of written opinion surveys: 5 points (h) Project is located on or connects with a National Scenic Trail or National Recreation Trail: 3 points (i) Project is located on or connects with a State of Florida Designated Greenway or Trail: 3 points (j) Matching Ratio (federal grant amount : grantee's cash and/or in-kind services) 50:50 5 points 60:40 3 points 80:20 1 point (k) The specific trail design demonstrates that the project will support recreational trail opportunities for both motorized and nonmotorized use through innovative techniques such as multiple trails sharing a single corridor, or time sharing of trails or trailhead facilities: 5 points (1) The specific trail design demonstrates that the project will support mixed-use recreational trail opportunities, either motorized or nonmotorized, through innovative techniques: 3 points (3) Specific Criteria for Motorized Trail Projects. (a) The motorized trail project will: (select only one) Develop new motorized trails: 10 points Repair or restore designated motorized trails impacted by normal use: 8 points . 15 lw 37 Develop motorized trail facilities on existing motorized recreational trail corridors: 6 points (b) The project will support compatible recreational trail use for the greatest number of the following: Off-Road Motorcycles: 3 points All-Terrain Vehicles: 3 points Off-Highway Vehicles (high clearance vehicles): 3 points Other Motorized Recreational Trail Use: 3 points (4) Specific Criteria for Nonmotorized Trail Projects. (a) The nonmotorized trail project will: (select only one) Develop nonmotorized recreational trail facilities on new corridors: 10 points Develop nonmotorized recreational trail facilities on existing corridors: 8 points Improve or repair existing nonmotorized recreational trail and/or facilities: 6 points (b) The project will support compatible recreational trail use for the greatest number of the following: Bicycling: 3 points Skating: 3 points Day Hiking: 3 points Equestrian Activities: 3 points Fitness Activities: 3 points Overnight or Long Distance Backpacking: 3 points Aquatic Activity: 3 points Other Nonmotorized Recreational Trail Use: 3 points 16 38 (5) Specific Criteria for Motorized and Nonmotorized Mixed-Use Project. (a) The motorized/nonmotorized mixed-use project will: (select only one) Develop new mixed-use trails: 10 points Repair or restore designated mixed-use trails impacted by normal use: 8 points Develop mixed-use trail facilities on existing motorized recreational trail corridors: 6 points (b) The project will support compatible recreational trail use for the greatest number of the following: Off-Road Motorcycles: 3 points All-Terrain Vehicles: 3 points Off-Highway Vehicles (high clearance vehicles): 3 points Other Motorized Recreational Trail Use: 3 points Bicycling: 3 points Skating: 3 points Day Hiking: 3 points Equestrian Activities: 3 points Fitness Activities: 3 points Overnight or Long Distance Backpacking: 3 points Aquatic Activity: 3 points Other Nonmotorized Recreational Trail Use: 3 points (6) Specific Criteria for Educational Project. (a) The educational project will: Improve trail user safety: 3 points Reduce trail user impacts upon the resources: 3 points 17 39 Reduce trail user conflicts: 3 points Increase public awareness of trail opportunities: 3 points (b) The program has well defined goals and objectives: 6 points (c) The program is sponsored by a coalition of at least two trail interest groups: 8 points (d) The program is targeted towards a variety of recreational trail users and potential trail users, both motorized and nonmotorized: 8 points (e) The program has a well developed evaluation method: 6 points Specific Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History— May 1, 2001. 62S-2.074 FEDERAL APPROVAL. (1) Compliance and Assurances. Projects receiving federal funding must comply with the NEPA and Guidance standards for preconstruction, construction and post- completion compliance. The Grantee's compliance with the FDOT's PD&E constitutes compliance. The Department shall ensure the Grantee's compliance with all requirements of FHWA. (2) Application. The Department shall submit state approved Recreational Trails Program applications to FHWA for federal approval. (3) Transportation Planning. The Department shall submit a list of all projects to be funded to the FDOT for inclusion in the appropriate Statewide Transportation Improvement Program (STIP) or Metropolitan Planning Organization's Transportation Improvement Program (TIP). 18 40 (4) Approval. FHWA shall review all such applications. Once all projects are included in the approved STIP or TIP, FHWA and the Department shall enter into a project agreement to implement approved grant projects. Specific Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History— May 1, 2001. 62S-2.075 GRANT ADMINISTRATION. The following constitutes procedures for administration of program grants: (1) Project Agreement. Following FHWA approval of Department submitted applications, the Department and grantee shall enter into a project agreement which sets forth the responsibilities and duties of each regarding administration of the approved project. The project agreement shall contain terms and conditions particular to each project. (2) PD&E Process. All approved projects are required by FHWA to complete the PD&E Process. This is accomplished by the applicant's submittal of the PD&E Data Survey, OGT-15, effective date May 1, 2001, hereby incorporated by reference and available from the Department's Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399-3000, (850)488-3701. Upon final Class of Action Determination and Department approval of the commencement documentation, the Department shall notify the grantee to proceed with project construction. Grantee may not proceed without such notification. (3) Payment Basis. Grantees shall be paid program funds by the Department subject to the following conditions: 19 41 (a) Project Costs. Payment of project costs shall be reimbursed as provided for in this rule and in the project agreement. Costs must be incurred between the effective date of, and the project completion date identified in, the project agreement except for pre- agreement costs. Costs for surveys (boundary and topographic), title searches, and project signs are eligible project expenses. If the total cost of the project exceeds the grant amount and the required match, the grantee shall pay the excess cost. (b) Cost Limits. Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, project inspection, and other similar fees are eligible project costs provided that such costs do not exceed fifteen percent of the total project cost. (c) Retention. The Department shall retain ten percent of the grant until the grantee completes the project and the Department approves the completion N.- documentation as set forth in subsection 62S-2.075(5), F.A.C. (4) Accountability. Each grantee shall maintain an accounting system which meets generally accepted accounting principles and shall maintain financial records to properly account for all program and matching funds. (5) Project Completion Certification. When the Project is completed, the grantee shall submit to the Department a Project Completion Certificate, OGT-14, effective date May 1, 2001, hereby incorporated by reference and available from the Department's Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399-3000, (850)488-3701. (6) Reverted Project Funds. RTP funds remaining after termination of a grant award or completion of project shall revert to the State's program funds under the provisions of TEA-21. If any funds awarded during a funding cycle are not accepted by the ,No- 20 42 �-- grantee or become available before termination of the fiscal year for which the funds were appropriated, the Department shall offer the funds to unfunded applicants in order of priority. (7) Development Projects. The following constitute the specific procedures for administration of development projects. (a) Grant Period. The grantee will have two years from the effective date of the project agreement to complete the project. At the written request of the grantee, Department staff will extend this period for good cause such as financial hardship, public controversy, material shortage, unexpected weather conditions, or other major factors beyond grantee's control. Only two one-year extensions shall be allowed. After four years all funds not paid revert to FHWA. (b) Procurement of Goods and Services. The grantee shall secure all goods and services for accomplishment of the project according to its adopted procurement procedures and applicable federal requirements identified in the FHWA Recreational Trails Guidance manual. (c) Project Development& Environment Process. The grantee shall provide all information and appropriate documentation as required by OGT-15, referenced in subsection (2) of this section. The Department shall complete the process on the grantee's behalf. (d) Commencement Documentation. Prior to commencement of project construction, the grantee shall submit for approval the documentation described in the Recreational Trails Program Project Commencement Documentation Form, OGT-11, effective date May 1, 2001, hereby incorporated by reference and available from the 21 43 Department's Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399-3000, (850)488-3701. 1. Project Preconstruction Certification. The grantee shall submit to the Department a Project Preconstruction Certificate, OGT-12, effective date May 1, 2001, hereby incorporated by reference and available from the Department's Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399-3000, (850)488-3701. 2. Survey. For all projects, the grantee shall submit to the Department a survey and legal description of the project site. The survey must provide a legal description, and show the site's boundaries, all known easements, and all encroachments, if any. 3. Commencement Documentation Time Period. The Department shall terminate the project agreement if the Commencement Documentation is not received and approved by the Department within twelve months of the project agreement's execution. This time period may be extended by the Department for good cause, such as natural disaster. (e) Completion Documentation. Upon completion of the project and prior to release of the final payment, the grantee shall submit all documentation described in the Recreational Trails Program Project Completion Documentation Form, OGT-13, effective date May 1, 2001, incorporated by reference and available from Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399- 3000, (850)488-3701. (f) Inspections. The Department shall perform an on-site inspection of the project site to ensure compliance with the project agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to disbursement of final payment. 22 44 Specific Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History— May 1, 2001. 62S-2.076 COMPLIANCE RESPONSIBILITIES. The following constitute the general requirements for program compliance: (1) Site Dedication. Land owned by the grantee, or, in the case of a nonprofit grantee a governmental entity, which is developed or acquired with RTP funds, shall be dedicated for ninety-nine (99) years as an outdoor recreational site for the use and benefit of the general public. Land under control other than by ownership of the grantee such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum of twenty-five (25) years from the completion date set forth in the project completion certificate. The lease must not be revocable at will; must extend for twenty-five (25) years after project completion date; and must contain a clause which enables the grantee to dedicate the land for the twenty-five (25) year period. The dedication must be recorded in the public property records by the grantee, or in the case of a nonprofit grantee, by the land owner. (a) Continuing Recreational Use. At the option of the Grantee, the project site may be afforded Section 6(f)(3) protection of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 4601-8(f)(3)]. The Grantee must have sufficient control and tenure of the project site as specified in the LWCF Manual in order to provide reasonable assurance that a conversion will not occur without approval of the National Park Service. The Grantee shall notify the Department that it requests Section 6(f)(3) protection prior to the FHWA authorizing the project. - 23 45 (b) Equipment. All equipment purchased with RTP funds is to be used for trail maintenance and construction purposes on those trails indicated in the project application. The equipment shall be stored and maintained per the manufacturer's recommendations. The equipment shall be available for inspection by Department staff. 1. On July 1 of each year, the Grantee will submit proof of insurance for the current fiscal year, and an annual report indicating the previous year's operating and maintenance schedule. 2. All equipment whose value is in excess of$5,000 remains property of FHWA and shall be surplused in accordance with their Guidance. All equipment whose value has depreciated to less than $5,000 but greater than zero will be surplused in accordance with DEP Directive 320. A copy of the directive may be obtained from the Division of Administration, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. .... Should the equipment be lost or stolen, it is the Grantee's responsibility to replace the equipment at its current value, as determined by the Department. (2) Management of Project Sites. Grantees shall ensure by site inspections that facilities on project sites developed with RTP funds are being operated and maintained for public outdoor recreational purposes for a period of twenty-five (25) years from the completion date set forth in the project completion certificate. All project sites shall be open at reasonable times and shall be managed in a safe and attractive manner. (3) Conversion. Should a grantee, within the periods set forth in subsections 62S- 2.076 (1) and (2), F.A.C., convert all or part of the project site to other than public outdoor recreational uses, the grantee shall replace the area, facilities, resource, or site at its own expense with a project of comparable scope and quality. ".. 24 46 °A- (4) Non-Compliance. The Department shall terminate a project agreement and demand return of the program funds (including interest) for non-compliance by a grantee with the terms stated in the project agreement or this rule. If grantee fails to comply with the provisions of this part or the project agreement, the Department shall declare the grantee ineligible for further participation in RTP until such time as compliance has been obtained. (5) Public Accessibility. All facilities shall be accessible to the public on a non- exclusive basis without regard to age, gender, race, religion, residence, or ability level. (6) Entrance Fees. Grantees may charge user fees for the project area, as described in the Guidance. Reasonable differences in entrance fees for program projects may be maintained on the basis of residence, but only if the grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the grantee in park maintenance costs clearly justifies a higher fee for nonresidents. (7) Native Plantings. In developing a project area with program funds, a grantee shall primarily use vegetation native to the area, except for lawn grasses. (8) Post Completion Inspections. Department staff shall periodically inspect completed program sites to ensure compliance with program requirements as stated in subsections (4)-(7) of this section. Specific Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History — May 1, 2001. 25 47 Indian River County Consent Agenda Interoffice Memorandum Office of Management & Budget To: Members of the Board o o ty Commissioners From: Jason E. Brown Director, Office of Manage ent Budget Date: February 26, 2014 Subject: Miscellaneous Budget Amendment 010 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The Utilities Department is in need of additional Renewal & Replacement funding. The attached entry appropriates funding in the amount of$362,000 from Utilities Cash Forward Oct 1St 2. Failed drainage pipes at the Golf Course have been repaired. The attached entry appropriates funding in the amount of$40,510 from Golf Course/Cash Forward Oct 151 3. Repairs to the storage building roof at the Shooting Range have become necessary. The attached entry appropriates funding from MSTU Fund/Reserve for Contingency in the amount of $7,112 for this expenditure. 4. Building Division overtime has been authorized for Inspectors to catch-up on backlogged construction activity. The attached entry appropriates funding in the amount of $11,593 from Building Division revenues. 5. The attached entry appropriates $125,000 from the Transportation Fund to Fleet Management to account for fuel tax reimbursement received from the State. 6. Employee turnover has resulted in salary and benefit costs exceeding the budget in various departments. The attached entry appropriates funding from General Fund Reserve for Contingency in the amount of $22,980, MSTU Fund Reserve for Contingency in the amount of $30,459, Transportation Fund Reserve for Contingency in the amount of $3,331, Emergency Services District Cash Forward Oct 1St in the amount of $285,430, County Building Cash Forward Oct 1St in the amount of $28,288, and Utilities Cash Forward Oct 1St in the amount of $14,894. 48 U \JVUI v.. tivagec ✓ ,� � FOR: March 11, 2014 Department Risk Management RESOLUTION NO. 2014- .- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2013-2014 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2013-2014 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2013-2014 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2013-2014 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: �- Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of 12014. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY 14� BY COUNTY ATTORNEY 50 xhibit"A" Resolution No 2014- Budget Office Approval: Budget Amendment:010 Jason .Brown, udget Director Entry Fund/Depar6aeccount Name Account Number Increase Decrease Number 1. Revenue Utilities/Non-Revenue/Cash Forward Oct 1st 471039-389040 $362,000 $0 Expenses Utilities/General&Engineedng/R&R/Lime Slurry 47123536-044699-12515 $43,000 $0 Injection Utilities/General&Engineering/R&RIS RD Piping 47123536-044699-13507 $36,000 $0 Utilities/General&Engineering/R&R/S RD Process 47123536-044699-13521 $160,000 $0 Room Utilities/General&Engineering/R&R/Blue cypress 47123536-044699-14503 $73,000 $0 Retrofit Utilities/General&Engineering/Other Professional 47123536-033190 $50,000 $0 Services 2. Revenue Sandridge/Non-Revenue/Cash Forward Oct 1 sl 418039-389040 $40,510 $0 Expenses Sandridge/Golf Course Maintenance/Renewal& 41822172-044698 $40,510 $0 Replacement 3. Expenses MSTU Fund/Shooting Range/Maintenance-Buildings 00416172-034610 $7,112 $0 MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $7,112 4. Revenue County Bulding/Building Permits/County 441032-322010 $11,593 $0 Expense County Building/Building Department/Overtime 44123324-011140 $10,000 $0 County Building/Building Department/Social Security 44123324-012110 $620 $0 Matching County Building/Building Department/Retirement 44123324-012120 $695 $0 County Building/Building DepartmentANorker's 44123324-012140 $133 $0 Compensation County Building/Building Department/Medicare 44123324-012170 $145 $0 5. Revenue Transportation Fund/Reserves/Cash Forward-Oct 1st 111039-389040 $125,000 $0 Fleet Fund/Non-Revenue/Transfer In 501039-381020 $125,000 $0 51 xhibit"A" Resolution No.2014- Budget Office Approval: Budget Amendment:010 Jason E. row n, udget Direc T Entry Fund/Departa Account Name Account Number Increase Decrease Number Expense Transportation Fund/Reserves/Fund Transfers Out 1119981-099210 $125,000 $0 Fleet FundNehicle Maint/Gas-Diesel 50124291-035530 $125,000 $0 6. Revenue Emergency Services DistricUNon-Revenue/Cash 114039-389039 $285,430 -$1 Forward Oct 1st County Building/Non-Revenue/Cash Forward Oct 1 st 441039-389040 $28,288 $0 Utilities/Non-Revenue/Cash Forward Oct 1st 471039-389040 $14,894 $0 Expense General Fund/Parks/Regular Salaries 00121072-011120 $1,214 $0 General Fund/Parks/Social Security Matching 00121072-012110 $75 $0 General Fund/Parks/Worker's Compensation 00121072-012140 $85 $0 General Fund/Parks/Medicare Matching 00121072-012170 $18 $0 General Fund/Facilities Management/Regular Salaries 00122019-011120 $18,831 $0 General Fund/Facilities Management/Social Security 00122019-012110 $1,168 $0 Matching General Fund/Facilities ManagementANorker's 00122019-012140 $1,316 $0 Compensation General Fund/Facilities Management/Medicare 00122019-012170 $273 $0 Matching General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $22,980 MSTU Fund/Gifford Pool/Regular Salaries 00410572-011120 $14,330 $0 MSTU Fund/Gifford Pool/Social Security Matching 00410572-012110 $888 $0 MSTU Fund/Gifford Pool/Workers Compensation 00410572-012140 $444 $0 MSTU Fund/Gifford Pool/Medicare Matching 00410572-012170 $208 $0 MSTU Fund/County Planning/Regular Salaries 00420415-011120 $13,529 $0 MSTU Fund/County Planning/Social Security Matching 00420415-012110 $839 $0 MSTU Fund/County Planning/Worker's Compensation 00420415-012140 $24 $0 MSTU Fund/County Planning/Medicare Matching 00420415-012170 $196 $0 MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $30,459 52 Resolution No.2014- hibit "A" Budget Office Approval: Budget Amendment:010 Jason E. rown,B dget Director Entry Fund/Departm ccount Name Account Number Increase Decrease Number Transportation Fund/Road&Bridge/Regular Salaries 11121441-011120 $2,906 $0 Transportation Fund/Road&Bridge/Social Security Matching 11121441-012110 $180 $0 Transportation Fund/Road&Bridge/Workers Compensation 11121441-012140 $203 $0 Transportation Fund/Road&Bridge/Medicare Matching 11121441-012170 $42 $0 Transportation Fund/Reserves/Reserve for Contingency 11119981-099910 $0 $3,331 Emergency Services District/Fire Rescue/Regular Salaries 11412022-011120 $256,083 $0 Emergency Services District/Fire Rescue/Social Security Matching 11412022-012110 $15,877 $0 Emergency services DistricUFire Rescue/Worker's Compensation 11412022-012140 $9,757 $0 Emergency Services District/Fire Rescue/Medicare Matching 11412022-012170 $3,713 $0 County Building/Building Division/Regular Salaries 44123324-011120 $25,794 $0 County Building/Building Division/Social Security Matching 44123324-012110 $1,599 $0 County Building/Building Division/Worker's Compensation 44123324-012140 $521 $0 County Building/Building Division/Medicare Matching 44123324-012170 $374 $0 Utilities/Water Production/Regular Salaries 47121936-011120 $13,442 $0 Utilities/Water Production/Social Security Matching 47121936-012110 $833 $0 Utilities/Water Prod uction/Worker's Compensation 47121936-012140 $423 $0 Utilities/Water Prod uction/Med!care Matching 47121936-012170 $195 $0 7. Revenue Law Enforcement Trust Fund/Confiscated Property 112035-358220 $56,000 $0 Expense lLanforcement w Enforcement Trust Fund/Sheriff-Law11260086-099040 $56,000 $0 53 Consent Item Agenda INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF UTILITY SERVICES Date: March 3, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services � Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AW Jesse Roland, Plans Reviewer Subject: Amend Resolution No.2003-151-Temporary Water Connection Agreement DESCRIPTIONS AND CONDITIONS: On December 3, 2013, BCC approved amending Policy 5.7 of the Potable Water Sub-element and Policy 5.8 of the Sanitary Sewer Sub-element to allow connection to the centralized water and sewer services for properties outside the USA that are not contiguous to the USA boundary but are within a limited distance(500 feet)of existing main lines that serve the overall utility system. On January 15, 2014 Mr. Kitner requested connecting to the existing County water distribution system located on 661h Avenue. He is currently on private well for potable water. ANALYSIS: Staff evaluated Mr.Kitner's request and prepared a Temporary Water Service Agreement per Resolution No. 2003-151, which has been utilized in the past for similar request. After further evaluation, staff realized that the Agreement approved as part of Resolution No.2003-151 was tailored more for Future Special Assessment Projects and may not suffice for other line extensions that are not assessment related. Therefore,staff is proposing to make some minor changes to the existing agreement Resolution No. 2003451, specifically to add language to include line extension projects in addition to special assessment projects. The proposed Resolution No. 2014-xx to include projects such as line extensions will assist residents such as Mr.Kitner who live outside the USA to connect to County potable water. This will also assist the County to recoup some of the Capital costs when a service line is replaced and extended as a transmission or distribution line in the future to serve new consumers. The revisions are highlighted for ease of reference in the amended agreement as part of the subject agenda item. FUNDING: No County funding is required to satisfy this amendment since per the revised comprehensive plan amendment Policy 5.7 and 5.8, any and all costs associated with connecting a property to the potable water system, including costs associated with survey, design, permitting, construction, restoration, inspections, and certifications,will be borne by the owner of the connecting property. 54 RECOMMENDATION: Staff recommends approval of Resolution No.2014- Temporary Water Connection Agreements and requests the Board to authorize the Chairman to adopt Resolution No. 2014-. ATTACHMENTS: I. Resolution No 2014 Temporary Water Service Agreement with the revisions highlighted. APPROVED FOR AGENDA: J ' By: Indian River Co. Approv d Date Jose A. Baird, County Administrator AdministrationZP I Legal 3 For: 11 A o) Budget 3 �� Date Utilities 3 3 Utilities-Financeuw w. FAUtilities\UTILITY-Engineering\Projects-Temp Service Agreements\6680 4th Street-Harry Kitner III\Agend-Temp Service Agreement 2-26-14.docx 55 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE TEMPORARY WATER CONNECTION AGREEMENTS ON BEHALF OF THE BOARD. WHEREAS, the Indian River County Board of County Commissioners (Board) enters into Temporary Water Service Connection and Participation in Future Special Assessment Program Agreements or Line Extension Projects {Temporary Agreements); and WHEREAS, the Temporary Agreements are in substantially the form attached hereto as Exhibit "A" and incorporated herein in its entirety by this reference; and WHEREAS, it is in the customer's and the Board's best interest to be able to provide the water service expeditiously; and WHEREAS, Section 101.05.1.q. of The Code of Indian River County, Florida, allows the Board to authorize the County Administrator, or his designee,to perform other duties on behalf of the Board; The rules and regulations hereafter adopted by the board under the provisions of this " The shall supersede the existing Resolution No. 2003-151. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY that the Board hereby directs and authorizes the County Administrator,or his designee, to execute the Temporary Agreements on its behalf, provided that the Temporary Agreements are in substantially the form attached as Exhibit "A" and contain the signatures of the County Attorney, or an Assistant County Attorney, and the Director of Utilities. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon• declared the resolution duly passed and adopted this day of March, 2014 56 RESOLUTION NO. 2014- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk.of Circuit Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 57 AGREEMENT 'WSW Re:TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM & LINE EXTENSIONS THIS AGREEMENT, effective this day of by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960 (COUNTY) and whose address is (OWNER). BACKGROUND RECITALS A. OWNER desires to have temporary water service ("temporary connection") made available to property located at and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property") before the COUNTY installs water services, on B. COUNTY requires the OWNER to pay certain fees immediately at the time of the installation of temporary connection and to participate in certain costs of the special assessment line or line extension when the COUNTY undertakes the special assessment or line extension project, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNER agree as follows: 1. The background recitals are true and correct and form a material part of this Agreement. 2. OWNER shall pay, on signing this Agreement, the following amount per Equivalent Residential Unit (ERU): Capacity Charge $ Tap Fee 5/8 inch $ Security Deposit $ Recording Fee (This Agreement) $ Meter Fee 5/8" inch $ Inspection Fee $ Total $ 3. COUNTY shall make service available for OWNER from a water main on . and OWNER shall make a connection from the Property to a temporary water connection point of COUNTY'S choosing. When service is available from the special assessment line or line extension, OWNER may be required to disconnect from the temporary connection and to reconnect to the special assessment line or I\U ilitiestUTILITY-Engineering%Projects-Temp Service Agreements\000-Temp Sery.4grmnt MASTER TEMPLATE-12-04-20I31A1asterTempServAgrmn1,3-3-14 doe [Form approved by County Attorney and Utilities Departmem 12/_0131 58 extension line. Any such reconnection shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the capacity charge, security deposit, or meter fee again. 4. Whether OWNER is required to reconnect to the special assessment or extension line or remain connected to the temporary connection, OWNER shall participate in the cost of the special assessment or line extension project for costs associated with survey, design, permitting, construction, restoration, inspections, certifications, administration and recording. By accepting the temporary connection, OWNER waives any right to contest the receipt of special benefit from the special assessment or line extension project. In addition, OWNER's signature on this Agreement may be considered to be an affirmative vote for construction of the special assessment line or line extension. 5. This Agreement shall be recorded in the official records of Indian River County, Florida, and shall be a covenant running with the land. This Agreement shall bind the OWNER, jointly and severally, and the OWNER's heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of the date first written above. Sign By Witness Printed Name Sign By Witness Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , by who is personally known to me or who produced a NOTARY PUBLIC Printed Name: Commission No.: Commission Expiration: F:\Utilities\UTILITY-Fngineerin8Trojects-Temp Service Agrcemcnts\000-Temp Sen•Agrmnt MASTER TEMPLATE-12-04-2013WasterTempSen Agrmnt,3.3-14.doc (Form approved by Countv Attorney and Utilities Department 12120131 59 "THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY" mow INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Sign Witness Printed Name: By Sign County Administrator Witness Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the above State and County to take acknowledgments, personally appeared JOSEPH A. BAIRD, to me known to be the person described in and who executed the foregoing instrument as the County Administrator for the Board of County Commissioners of Indian River County, Florida, and Ifto- acknowledged to and before me that he executed the same as the act and deed of such county. WITNESS my hand and official seal in the above county and state this day of 120 . NOTARY PUBLIC Printed Name: Commission No.: Commission Expiration: Approved for form and legal sufficiency: Approved for Utilities matters: By BY County Attorney Utilities Director F:1Ulilities�UTILITY-FngineeringTrojeos-Temp Service 4,reements\000-Temp Sery Ag nuit MASTER TEMPLATE-12-04-2013',Masictl empSm,Agrmnt,3-3-14.doc [Form approved by County Attorney and Utilities Department IJ20131 60 i Consent Agenda Item Halt INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 24, 2014 To: Joseph A. Baird,County Administrator From: Vincent Burke,P.E., Director of Utility Service `.�) Through Jennifer Hyde,Purchasing Manager'�� Prepared By: Terry Southard, Operations Manager,Utility Services Subject: Request for purchase of Sodium Hypochlorite tanks for the Norah County RO Water Plant BACKGROUND/ANALYSIS: In 2007 as part of the North County Water plant expansion,three(3)-6,500 gallon HDLPE Snyder Captor Containment Systems (tanks)were installed for sodium hypochlorite storage. Due to the ongoing filling and draining of the tanks for normal operations, these tanks expand & contract, are exposed to the elements,and are nearing the end of their useful service life. The life span of these tanks average five(5)to seven(7)years. In the FY 13-14 budget$135,000 was approved for storage tank replacement. Staff has received three quotes for additional Snyder tanks. Three companies submitted bids,and Ryan Herco Flow Solutions was the lowest bidder. 1. Ryan Herco Flow Solutions $ 81,970.00 2. TND Services,Inc. $ 95,000.01 3. Process Systems&Components $100,000.00 RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners authorize the Purchasing Department to issue a Purchase Order to Ryan Herco Flow Solutions for$81,970.00 for the purchase of three 6,500 gallon Snyder Captor tanks. FUNDING: Funds for this project are derived from the Other Equipment budget in the operating fund. Operating funds are generated from water and sewer sales. Description Account Number Amount Other Equipment 471-166002 $81,970.00 CADocurnents And Settings\Aobertautsch\Desktop\Agenda-Chlorine Tanks North County RO Water Plant March 2014-AO- Page 1 of 2 Final 2-25-14(3).Doc `rare 61 ',,. Sodium Hypochlorite Tanks Page 2 ATTACHMENTS: Quotes From : Indian River Co. Approved Date Administration 3 1. Ryan Herco Flow Solutions Legal 5 2. TND Services, Inc., and Budget 314 3. Process Systems&Components utilities Utilities-Finance APPROVED FOR AGENDA: By: - /-1 M Jose A. Baird, County Administrator For: Date C:\Documents And Settings\Aobertautsch\Desktop\Agenda-Chlorine Tanks North County RO Water Plant March 2014-AO-Final 2-25-14 (3).Doc 62 Terry Southard ` - From: JAsha@rhfs.com Sent: Tuesday, February 18, 2014 5:46 PM To: Terry Southard Cc: TMarx@RHFS.com; KONeill@rhfs.com Subject: Ryan Herco-IRC Snyder Captor Tanks Proposal Attachments: WEBMAIL.HTM; Snyder 6500 gallon Captor.pdf; Indian River County Snyder EPSA Form.xlsx Hi, Terry, Pricing attached for the (3)6,500 gallon Snyder Captor tanks with fittings requested to replace your existing tanks. The proposed tanks will have the same dimensions, fittings, opaque resin, etc per the approved submittal drawing for the existing tanks you provided. As requested, we are not to include Flexmasters, Ladders, ladder attachment assy's, and cable tie down systems, as you will reuse the ones from your existing tanks. Net price: $24,435 per tank Price is FOB Factory Freight estimate to ship tanks(combo load) from Snyder to IRC WTP Vero Beach-$8,665. .�._ Please review and let us know If you have any questions. PLEASE NOTE: I have attached the Snyder EPSA form, which will provide us an extra 5% cost advantage for our site visit and time spent/efforts to insure the fittings on the replacement tanks are exactly what you would like. Please sign the form, scan and return. The 5% cost advantage is factored in to the attached pricing. Thanks again,Terry! Kind regards, ,ohn E.Asha "Technical Sales ' Ryan Herco Flow Solutions Mobile: 954-683-4063 'a1 shano rhfs.com www.rhfs.com i 63 TND Services,Inc. dba TD Fabrication 12792 W.Colonial Dr. � ti m a to Unit 140 1� Winter Garden,PL 34787 !19 Plione 4 407-614-2776 ddichiria gmail.com 2014 l i9 �r Indian Rivcr County Captors Attn:A9r.Southard �51ftiT4'7"0 FOB Net 30 see below 0 Double t5'alt Sodium Hypochlorite StoraseTunk 3 31,666.67 95,()OD.U1T 1,500 gallon}IDLPE Snyder Captor Containment Syslcm {CCS},120"S 200",L9 Specific Gravity,including discharge,fill,level and uvent fittings per approved shop drawing provided.,24"maarny,siphon tube,tante wrap, opaque resin for outdoor bleach tank install,and hydro test are included,as wcll. Signed shop drawing shall be required prior to releasing faults to manufacture. Once the tanks are approved,they are non-re(urnable. Standard Blanufucturers Warrant),to Apply Pricing shall be valid until 3/6/14. Estimated Lend Time:8\Veers to ship utter signed approval drawings NOTES: -Flexible connections,ladders,external fill assembly, budder attachment,and seismic tic down ruble systems are not included. -Level Controls Not Included -Labels/Signs by others -Anchor bolts by others -Freight to ship 3 tanks via combo load from Snyder factory to Vero Beach,FL is included in price above. Sakes Tax 0.00% 0.00 x Total 59i,f►t10.0 1 Customer Signature 64 Process Systems & Components "Partners In Progress" Project: Indian River County\`i TP—Snyder Bleach Tank Replacement 775158 Avenue Vero Beach, FL 32967 Contact:Terry Southard—Operations Manager Snyder Industries Captor Containment System BIeach Storage Tanks: Qty(3) 6,500 gallon HDLPE Captor Containment System Opaque\`Flue Resin#880059 120"Diameter X 199"Height- 1.9 Specific Gravity Primary Tank Each tank to include the following: (1) Protective Wrap For Shipping (1) 2"UFO Assembly(Viton) (1) 2"Double Bolted Flange(PVC,Viton,Titanium) (1) 3"U-Vent w/ Screen (1) 24"Mamvay (2) 2"PVC/Viton Bulkhead fittings for 611 and level (1) 2"siphon tube (1)Factory hydrostatic test Net Price: $30,000.00 per tank Price is FOB:Snyder Factory Freight to deliver 3 tanks to Vero Beach Is Estimated At$10,000 Non Cancelable/Non Returnable Pricing Valid:Until 3/6/14--Price increase from Snyder effective 3/7/14 Lead Time: 8- 10 Weeks to slip After receipt of Signed Approval Drawings Tax not included Clarifications/Exceptions: • Ladder,ladder attachment assembly;external fill pipe assembly, flevnasters,and 304SS wind restraint cables from original tanks to be reused, per owner request. These items are not part of this scope. Tanks will include fittings noted on submittal drawing provided,minus the appurtenances noted above. Anchor bolts by others Installation,crane rental,and removal/disposal of existing tank by others. Freight quoted as a combo shipment Dedicated shipment available for additional cost. Regards, Scott Rhoades General Manager Process Systems&Components,Inc. 5321 W Crenshaw St. Tampa,FL 33634 (813)888-6300 x 207 (813)293-5094 cell (813)881-1561 fax srhoades@psconline.net ` 5321 W. Crenshaw Street, Tampa, Florida 33634 Phone (813) 888-6300 Fax (813) 881-1561 65 CC)N S FNTA61 N1),, INDIAN RIVER COUNTY 0 L OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 4, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrato Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manager 0 SUBJECT: Approval of Bid Award for IRC Bid No. 2014006 Central WWTP Sludge Holding Tank Modifications and Request for Budget Amendment BACKGROUND: The Department of Utility Services requested the solicitation of bids for improvements to the Central WWTP Sludge Handling Facility. The proposed work includes demolition and removal of equipment and materials no longer in use at the plant and construction of new truck filling facilities and a new sludge recirculation system. These improvements are designed to improve safety and efficiency in the sludge handling operation at the plant. BID RESULTS: Bid Opening Date: December 18, 2013 Advertising Date: November 25, 2013 Demandstar Broadcast to: 762 Subscribers Specifications/Plans Downloaded by: 50 Vendors Replies: 3 Vendors Bidder Location Base Bid Price Florida Design Contractors Lake Park $705,000.00 R. J. Sullivan Corp. Pompano Beach $654,000.00 Summit Construction of Vero Beach, LLC Vero Beach $707,000.00 The Department's Consulting Engineer for this project, Masteller & Moler, Inc. reviewed the bids submitted and has determined all three bids accurately reflect the work as defined by the plans and specifications, and recommended award to R.J. Sullivan Corp. ENGINEER'S ESTIMATE: The engineer's estimate for the work, initially developed several years ago, was $400,000. Staff worked closely with Masteller & Moler throughout the design and final scope development and is confident the project, as bid, is necessary to facilitate efficient and safe operations at the plant. 1.[Sids:2013-?Ola Pl'(�OI aoUJl ola 106 Centr. w%%-I ISludge I Icld�nE r3A Modr•Agenda-2014006 doc 66 CONSENT AGENDA SOURCE OF FUNDS: Funding in the amount of$563,500 is currently available and funded in the Sludge Holding System w` Retrofit account. Additional funding of approximately proposed project. Staff recommends utilizing Utilities Cash ForwaOrd to fund he differential. is needed to l execute the Account Number Account Description Budget Amount 47123536-044699-13514 Sludge Holding System Retrofit --------------- $563,500 RECOMMENDATION: Staff recommends award of the bid to R.J. Sullivan Corp. of Pompano Beach as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute it after it has been approved by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required certificate of insurance and Public Construction Bond. Staff further requests the Board authorize the necessary budget amendment to provide additional funding in the amount of$90,500 from Utilities Cash Forward. ATTACHMENTS: Recommendation of Award Sample Agreement �- APPROVED AGENDA ITEM Indian River Co A d Da BY: Admin Legal seph . Baird, County Administrator Budget n Utilities FOR. C\Documents and Scttings'JtjiruskalLocal Settings\Temporary Internet Fi1es\Con1ent.0ut1ook1J I 1`ZZGQK\Agcnda-2014006(2)doc 67 '0. E!?_ro, INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES INTEROFFICE MEMORANDUM DATE: March 3, 2014 TO: Jennifer Hyde, Manager, Purchasing Division FROM: Vincent Burke, P.E., Director of Utility Services PREPARED BY: Arjuna Weragoda, P.E.,Capital Projects Manager ho SUBJECT: Bid Award Recommendation for Sludge Holding Tank Modifications at the Central Regional Wastewater Treatment Facility IRC Bid No.: 2014006 UCP No.: 4102 WIP No.: 47123536-044699- 13514 On Thursday, December 18, 2013, three (3) Bids were received and opened at 2:00 PM for the above referenced project, as follows: Bidder(s) City/State Total Bid Price 1. R.J.Sullivan Corp. Pompano Beach, FL $654,000,00 2. Florida Design. Lake Park, FL $705,000.00 3. Summit. Vero Beach, FL $707,000.00 The County's Consulting Engineer, Masteller and Moler, Inc. has reviewed the bids and has recommended that the bid be awarded to the lowest responsive, responsible bidder, R. J. Sullivan Corp., Pompano Beach, FL for a Total Bid Price in the amount of$654,000.00. Please find attached the recommendation of Award letter from Masteller and Moler as a reference. The engineer's estimate was$400,000.00. Staff was hesitant to move forward with recommending the award. Therefore, staff will be requesting a budget amendment from fund balance to be transferred to the Renewal and Replacement Account number 47123536-044699-13514 on March 11, 2014. The Department of Utility Services acknowledges and accepts Mastreller and Moller's recommendation to award the bid in the amount of $654,000.00 to R. J. Sullivan Corp. A sample contract has been prepared and is attached to this memo for pre-approval (in form) by the BCC in awarding the project. If you have any questions, please call Arjuna Weragoda at Ext. 1821. Cc: Cindy Corrente, Finance Manager, Utilities ccorrente@ircgov.com Terry Southard, Manager of Operations, Utilities tsouthard@ircgov.com Rich Meckes,Wastewater Plant Superintendent, Utilities rmeckes@ircgov.com Earl H. Masteller, P.E., Masteller and Moler, Inc. mastmolr@bellsouth.net Pagc I F',Utilm,UT FFY-ErVrcering:%M-IT•Central RegiormlTerval%AWR-Sludge Hnldmg Tank Mod-UCP 4102.4gcnda Ita SID REC0MA1F'NDATI0N Memo to PURCFLASING Jan'_7 2014 da p 68 MH MASTEILLER. & MOLER, INC. —CIVIL ENGINEERS " December 30, 2013 Mr. Vincent Burke, PE - Director Indian River County Utilities Department 180127" Street Vero Beach, Florida 32960 RE: Indian River County Central WWTF Sludge Holding Tanks Modifications Review of Bids Indian River County, Florida Our File# 1305 IRC Project# UCP 4102/Bid No 2014006 Dear Mr. Burke: Bids were received for the referenced project and opened on December 18, 2013 at 2:00 p.m. The original bid packages are included with this letter. Three (3) qualified General Contractors submitted bids, which varied from a low of Six Hundred Fifty-Four Thousand Dollars ($654,000.00) to Seven Hundred Seven Thousand Dollars ($707,000.00). The Utility Department's budget and the Engineer's Estimate is Four Hundred Thousand Dollars ($400,000.00). A copy of the bid tabulation sheet is attached. The low bidder is R. J. Sullivan Corporation of Pompano Beach, Florida. I have reviewed each of the three (3) bids and find the information in all three (3) bids to be complete and in order. The bids are substantially over the amount which has been budgeted by the Utility Department, as well as our engineering estimate amount. The budget amount established for this project was done several years ago and our office made every effort in order to develop a project scope which would fit in to that budget amount. Prior to developing the final project scope, our office along with a local contractor and Utility Department Staff spent several months conducting site visits, meetings, and discussions to develop the most cost effective project which would reliably and effectively operate to the satisfaction of the Utility Department. This extra effort was deemed necessary by all parties with the knowledge that accurately estimating the cost of demolition and rehabilitation projects of this type is more difficult as compared to new projects. However, despite these efforts the three (3) project bids were in excess of the Utilities budget amount and our estimate for constructing this project. The project breakdown of cost has been acquired from two (2) of the three (3) bidding contractors and the Utility Staff and I have met and reviewed this information. It is the opinion of the Utility Staff and our office that the three (3) bids which were received are correct and accurately reflect the project cost as shown on the plans and described in the specifications. The low bid from R. J. Sullivan reflects the fact that they are under contract with Utilities Department on several projects currently and, therefore, their mobilization amount is less. It is our recommendation that the Utility Department should award the contract to R. J. Sullivan in the event that additional funding can be obtained to construct the project. As an alternative, the project cost can be reduced by eliminating the painting portion of the project, as well as the amount for contingencies which would result in approximately $150,000.00 in savings. This would reduce the project cost to approximately $500,000.00. The elimination of these bid items would also require that the project be rebid. In summary, it appears that it is not possible to construct this project based on the utility budget of $400,000.00. It will be necessary to increase the utility budget for this project in order to either award 1655 27"'Street,Suite 2 • Vero Beach, Florida 32960 Phone: (772)567-5300 • Fax: (772) 794-1106 mastmolr@bellsouth.net 69 Mr.Vincent Burke, PE 12/30/13 Page 2 of 2 the contract based on the bids which have been obtained or rebid the project at a lesser amount. WAW Both project amounts are at least $100,000.00 in excess of the amount presently available in Utility Department budget for this project. Please do not hesitate to contact me if you have any questions or comments. Respectfully submitted, MASTELLER & MOLER, INC. Earl H. Masteller, PE, BCEE President EHM/cab cc: Jennifer Hyde,Purchasing Aduna D.weragoda,PE,Utilities Administration Cindy Corrente,Utilities Administration Terry Southard,Utilities Operations Center File#1305 (ircu_VBurke_Bids over amount_13-1230.doc) M 70 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement' or"Contract"), dated the day of in the year 20_ by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and .(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following. Indian River County (IRC) proposes to demolish and remove useless equipment, appurtenances, and piping and construct a new sludge recirculation system and tank truck filling facilities related to the existing sludge holding tanks at the Central Sub- regional Wastewater Treatment Plant Facility. An important element of the project will be the necessity for the contractor to conduct his work in a manner which will allow the continuation of sludge handling and removal operations at the treatment plant. There are two (2) existing concrete sludge holding tanks at the plant which store waste activated sludge which is pumped on a regular basis into tank trucks. The project consists of, but is not limited to: demolition and removal of all odor control system tanks, pumps, piping and appurtenances located west of the existing sludge holding tanks; demolition of useless piping, equipment, and appurtenances located on the concrete top of the sludge holding tanks as shown on the plans; demolition and removal of pumps, piping, and appurtenances on the south and east end of the existing sludge holding tanks as shown on the plans; relocation of the existing sludge drum thickener unit with necessary appurtenances and piping as shown on the plans; cleaning the interior of both sludge holding tanks; preparation and coating the interior walls and ceiling of each of the sludge holding tanks; preparation and painting of exterior walls of the sludge holding tanks; construction of a triplex recirculation pump system and tank truck filling facility along with necessary valves, piping, flow meter as shown on the plans; furnish and install level sensing units; provide all necessary electrical equipment and devices as shown on the electrical plans; provide all concrete slabs and site work shown on the plans; and all other items as required for an operational project. B. The OWNER shall have the option of direct purchase of all material and equipment for the project in accordance with Rule 12A-1.094 of the Florida Administrative Code. The contractor will be responsible for preparing the purchase documents for purchasing by the owner. The contractor will be responsible for scheduling, receiving, handling, and storage of all direct purchase material and equipment. 00530-1 71 ARTICLE 2 ENGINEER The project has been designed by Masteller& Moler, Inc., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 31 calendar days to 150 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Demolish and remove items shown on Plans as described in specifications. 2. Install all process piping, process elements, and appurtenant items. 3. Construct all site work elements. 4. Perform all miscellaneous/incidental construction. 5. Perform all testing. 6. Restore all disturbed areas to their pre-construction condition. 7. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 151 calendar days to 180 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but 00530-2 72 not as a penalty) CONTRACTOR shall pay OWNER Four Hundred Fifty Dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Completion. 3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above-stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above-stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this Agreement. 3.3.2. In addition to the above-stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred by OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 4.2 Any direct purchase material and equipment will be deducted from the lump sum price specified in Article 4, 4.1 plus all applicable sales tax. ARTICLE 5 PAYMENT PROCEDURES �., CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the 00530-3 73 County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final ,,a„ Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished inconnection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable, ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface -- conditions and drawings of physical conditions which are identified in the Supplementary 00530-4 74 Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS, The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Public Construction Bonds (Section 00610). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8.6 Specifications bearing the title "Central WWTP Sludge Holding Tank Modifications" as listed in the table of contents hereof. 00530-5 75 8.7 Drawings, inclusive with each sheet bearing the following general title "Central VVWTP Sludge Holding Tank Modifications" 8.8 Addenda numbers to - inclusive. 140.- 8.9 CONTRACTOR'S Bid (Section 00300). 8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards SEPTEMBER 2011" or the latest version thereof. 8.11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the past of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 00530-6 76 9.7 Pledoe of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. w.. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Compliance with Chapter 119 Florida Statutes. A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 2. Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 9.10. Term_ This Agreement shall remain valid for one (1) year from execution. `tlir 00530-7 77 IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on OWNER CONTRACTOR Indian River County Board of County Commissioners By: By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and A'test: (CORPORATE SEAL) Comptroller By: Deputy Clerk Approved By: Address for giving notices Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: License No. Dylan Reingold, County Attorney Address for giving notices Agent for service of process: 1801 27`h Street Vero Beach, Florida 32960 *END OF SECTION 00530-8 78 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development Director FROM: Sasan Rohani, AICP Chief, Long-Range Planning DATE: February 26, 2014 SUBJECT: Authorization to Advertise for a Public Hearing to Consider Revising County Code Chapter 308, Indian River County Housing Assistance Program " It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 11, 2014. BACKGROUND Pursuant to the requirements of Section 420.907, F.S., and Rule 67-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the County's first Local Housing Assistance Plan (Ordinance #93-13) on April 6, 1993. Subsequently, the Florida Housing Finance Agency approved the county's plan and authorized the disbursement of State Housing Initiatives Partnership (SHIP) Program funds. The County's Local Housing Assistance Program was then codified as Chapter 308 of the County Code. The portion of Chapter 308 related to the SHIP program has not been updated since it was adopted in 1993. Planning staff, in coordination with the County Attorney, has identified three types of changes that need to be made to Chapter 308. Because changes are needed, staff is requesting authorization from the Board to initiate the process to formally amend certain sections of Chapter 308. ANALYSIS Currently, there are three issues that require revisions to Chapter 308. First, since Chapter 308's adoption, the Florida Housing Finance Agency became the Florida Housing Finance Corporation and the Florida Administrative Code (FAC) citation changed from Chapter 9I-37 FAC to Chapter 67-37 FAC. As a result, references in Chapter 308 to the Florida Mousing Finance 1 79 and the Florida Administrative Code (FAC) citation changed from Chapter 91-37 FAC to Chapter 67-37 FAC. As a result, references in Chapter 308 to the Florida Housing Finance Agency and the old Florida Administrative Code citation are outdated. Consequently, those references must be updated. Second, there are many sections of the state's housing program requirements that were repeated verbatim in Chapter 308. Because of that structure, Chapter 308 wording of state requirements becomes out of date whenever the state changes its requirements. To avoid that problem, Chapter 308 needs to be modified to merely refer to state housing statutes rather than recite state requirements. Third, several sections of Chapter 308 must either be updated or revised to clarify the intent of the County's SHIP and NSP programs. These revisions are minor in nature and needed throughout Chapter 308. In summary, the proposed changes are needed to make sure that Chapter 308 is up to date, consistent with the state requirements, and clearly express the intent of the SHIP and NSP programs. At this time, the Board needs to consider authorizing staff to advertise for a public hearing to update and revise Chapter 308 of the County Code. RECOMMENllATION Staff recommends that the Board of County Commissioners authorize staff to advertise for a public hearing to update and revise Chapter 308. ATTACHMENT 1) Copy of Draft Update and Revisions to Chapter 308 Approved Agenda Item: Indian River Cn Approved Date Admin j 1:or: /1�1 li'�/� I.cga! l Budget 3 By. Department L j > /- Risk Manager Purchasing F:\Community DevelopmeiMSHI13\1.11AP\13CC authorization for amending ch.308.docx w.. 2 80 CHAPTER 308. INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PROGRAM Part I. In General V j i' Sec. --- - --- - Title. - 308.01 Sec. Purpose and intent. 308.02 Sec. i Definitions. 308.03 I Sec. Creation of the Indian River County 308.04 :Local Housing Assistance Trust Fund. j Establishment of the Indian River Count Local Housin Assistance Sec. -- -. 308.05 Y g ce Program. Sec. Designation of responsibility for administration and implementation of the Indian 308.06 River County Local Housing;AssistanceProgram. i Sec. Creation of the Indian River CountYAffordable Housing Advisory Committee. ' 308.07 ,.. r I Ses -- ---- —-- --- _ - Ge Rtivp Plan Sec 'Severability. 308.088 A 77 Sec. Effective date. i 308.0940 r r Part II. Indian River County Neighborhood Stabilization Program Acquisition, Rehabilitation,and Sale Procedures and Standards Sec. Title. i? ltitrt ru` , n- 1 81 308.10-1 Sec. Purpose and intent. 308.112 Sec. Establishment of procedures for county acquisition of foreclosed or abandoned 308.123 properties with NSP funds. Sec. Establishment of procedures for county rehabilitation of properties purchased with 308.134 NSP funds. Sec. Establishment of criteria for the sale of NSP properties that constitute an 308.145 alternative property disposition procedure to sections(1) and (2)of chapter 125.35, F.S. PART I. - IN GENERAL PART II. - INDIAN RIVER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM ACQUISITION REHABILITATION AND SALE PROCEDURES AND STANDARDS PART 1. 1N GENERAL m Section 308.01, Title, Section 308.02. Purpose and intent Section 308.03. Definitions. Section 308.04. Creation of the Indian River County Local Housing Assistance Trust Fund Section 308.05. Establishment of the Indian River County Local Housing Assistance Program. Section 308.06. Designation of responsibility for administration and implementation of the Indian River County Local Housing Assistance Program cS,e,�ctt'i�o,,n, '3n0�8,0��7. Creation of the Indian River County Affordable Housing Advisory Committee d�iG H8-. &-A ffnrd;;bIo HP 'nn I n n Ve Section 308.089. Severability. _ Section 308.09-1-0. Effective Date. Section 308.01. Title. This chapter, the terms and provisions contained herein, shall be known as "Local Housing Assistance Program Ordinance"of Indian River County, Florida. ti�3 i 3. 1-L3 �;3) 2 82 Section 308.02. Purpose and intent. The purpose of this chapter is to comply with the requirements of the sections 420-097-420- 9079 F.S. State Housing Initiatives Partnership (SHIP) Act Rregrana'-and Rule 67-37 9#-3 .994 Florida Administrative Code (FAC). As such, this chapter provides for.- (1) or:(1) Creation of the Indian River County Local Housing Assistance Trust Fund in accordance with Rule 67-37.008 91 37-088 FAC; (2) Establishment of the Indian River County Local Housing Assistance Program in accordance with Rule 67-37.005 91-37-807 FAC, under which the Indian River County Local Housing Assistance plan has been adopted; (3) Designation of the responsibility for the implementation and administration of the Indian River County Local Housing Assistance Program; and (4) Creation of the Indian River County Affordable Housing Advisory Committee in accordance with the section 420-9076 F.S. and Rule 67-37.010 91-37 909 FAC, C.) PJ:;. 9; -3 4-6-�)3i Section 308.03. Definitions. The definitions provided in Rule 67-37.002 943 -002, Florida Administrative Code (FAC State-Housing-Initiatives-Ra rtaer&hip_P-rogfare-Re1es1, section 420-9071 F.S. and in the Indian River County Local Housing Assistance Plan shall apply to the terms used in this chapter. Section 308.04. Creation of the Indian River County Local Housing Assistance •... Trust Fund. (1) The Indian River County Local Housing Assistance Trust Fund (IRCLHATF) is hereby created and established consistent with the section 402-9075 F.S. and Rule 67-37.008 FAC, The Indian River County Local Housing Assistance Trust Fund shall be a separate fund account maintained by the Indian River County Board of County Commissioners. Expenditures from the trust Fund must meet all requirements of section 420-9075 F.S. and Rule 67-37 FAC R}--Alt meni�eG;Ted from-the--state--as 1-Housing-Bistr4butioR uflder-the Mate-Heusing4nmitiative Partaershl nd_eth or budgeted ing-for--the-tndian-River--� Rr$gfam shall be deposited irate t al+lousing-Assistance Trust F4.4nd-Ad+nin slag-Assists all be-Gens sten 07 -Ftorida-Administfat4*-cede. All--funds deposited inte the1Rdian4R6ver-GeuntV LOG 1-Heusfag--Assistance-T-u+st-end-will be-subject te4#e reguife��^t��f thv 't' v, rv,v�R RiveF GGURty LOsal k#ousmg-Assistance-PfegraR, and-Rlan a"eatified-by-t#is-chapter, and-the-pfGvisiGns-Gf_Rule 67-37.009 91,37.097, Flofida AdrnInistfa4ve-Code- (3) Expenditures otheF an--for----the--admi f the indian-P+ver County Local Housing-Assistaf+Ge T-Fust--Fund. dministfation expend res Ma de, but - of be 4mAe(_4o:-6a4 poncib fnr ep3tafien repotingand-attiRistratjon fGr- endian-Rivef- nty-Losal Housing-Assistance PpFam;sexpenses of personsresponsible-for-- ndue'in� dian--River-Gnu nth-6oeal--Housing-Assistance-�regrafn production eta naatioa Ma#ef+als utilised-in sond��stiag t#3e-Indian PWeF CGURty LoGal HOUSiRg Assistance 4G9r-arnj t„ el expenses Felated to LOGal Housing 3 83 'NowtG-aff araable`h�G ursafr�n-activitiennd-'"'--�t+ootod+eRd-G �ata-relat+nga ^ids-and-demands-u44he GGURty- (4) -Rmounts-GA-deposit 44he-4iMaR-P,4ver-Gounty_Leval-bot+sing-Assistaase-must Fund rnay ),e invested-as-permitted-by-Fe era"'3tate-and--Lo-. law—Altinv�en+ retained-fn-the-IR� aty�.00 «=d--us slaall--l�e n-Diver-Ceu al-l-#ousing-Assistance-�.st-�-t}nd�nd-E+..ed fvr zne f ufpGses thereof r-tlae-purpeses-thereof-r GR4& the-lndia;i River-GnuntyLosaV_"G rsfpg Assistance--Trust-FURd shah be hog 1 } ur�ty L�isal feusira y the�ot�r�ty-selefY der-use-p-wsuaRt to the g-Assista� (6) The-IndiaR-R4ver-Gounty Lo al-Housiflg-Arsistaase-Trust-Fund shall--be-se ara peda4eve„�G�p„d-+n-the-Gou P tely-stated as a s r, ,e f,n RVS--acted-#+nancial s flaansial-&Wt- en±shall be4orwarded4G the F-{orada-1 lous�Pies s�+ch audited available. '►}9 F�nanse Agency-as-seon as (Ord No. 93-13, 4-6-93) Section 308.05. Establishment of the Indian River County Local Housing Assistance Program. (1) Consistent with the section 420-9072 F.S. and Rule 67-37 FAC the Indian River County Local Housing Assistance Program is hereby created and established. (2) The intent of the Indian River County Local Housing Assistance Program is to increase the availability of affordable housing units to Eligible Persons by combining local resources and cost-saving measures into an Indian River County Local Housing Partnership and using private and public funds to reduce the cost of housing. (3) The Indian River County Local Housing Assistance Program shall use the funds held in the Indian River County Local Housing Assistance Trust Fund to implement the Indian River County Local Housing Assistance Plan. (4) the distribution and-expend't e of funds ffern-tl�e IadiaR-Riv Fuad-#erplemeati mesal Housingrst �egr bQ-a�-�ebdt�stir}g-t#e-Indian-R+v ©usir}g-,4ssistanse � trio u#+on-req uirerx�ents= (a) A min+murn-e#-s+xty fiveefarl rcent-of-the-funds all h, seP,red frt�. al-1{Dosing Assistan isb-resultnD, eowne eve�ty-five-F7�-percent-0f-t#� f�ur,ds�f�ali bG reve..ed-fDr-sertstrustior}; and r rehabilitation er- gensy-repair--o€ ausin bl (G) 6 maximurxl-e#f+v f ndministrat+on-and plernentat+Dn-Of4he-Ind” I-H rd-of�ounty--Comn�issiDners�ay-m^'�e�T„cling CDunty-l.osaI--He c,^^ n " e-administer-and-implernenthe�ndian River va ...y.s���:sWeYer-at-io time shall-the funds-expended-for-admiaistrat" r GOURty LGGal4ous4iq-Assic',tanse r$gra (d) The percentages-identlfied4A-+tem bove-s#all--b _,,ed upoR44e--existing mabalanGe-w4un-ds in the Indian River CouRt)��! Heu6ing ar d on the first—ds o ' albca" -�-�f the�'f^ssal-ye xpeoted-aaat�al ameur�ts--determined-b rr�or�etary y t#e�erDentage-allosatipnr, shag-he sis durir*g he-fiscal-ye PAbe-_ful4ds4ece4ved4FGn!4 e-s#ate-asp-part of the seunty4 local.ho.usifl9 distribution itiORal contribulinng to thp in, n-River 4 84 County-t_-esal-Housing Trust mad-from-other-se P-4equJati�s-w+11 SUPefGede-the-PeFGen es ued fa+tems (al,4t)-and4O-, (5) The-housing units provided or a6sisted-"e4ndia Mousing Assistance Program shall-cGmply with the4G4Gwing4str4b6qiGn4,eq-uifementc,-.L (a)-Allhousingunites-provided-or assfsted-by-the_Indiansaver CountyLoclousing Assistance Program must-be-eGc_upi gihlp e PeFSO,s_ (b) A minimum e€t#+rty-PO) percent-of-the-h provided or assist by the IRd+ar+ River-County-Local-Housing-Assistance- Must be GGGUpied by Very I lnsorn (r.) A minimum of thi4y404ersent of the housing units pFev0ded-Gr-assisted-by--the4ndian River-Ceunty--Local-Housing AssistanGe-PTogram must be GGGUp;ed by LOW IRGOMe Persons.._ (6) All-housing-units-provided-or-assis+e�'��Gu by-the-1 i;-;i-River County-Leoal-Heusi,.g-Assistance PrsgramS#alaGOMPIY Witllowing�riteraa: (a) The-sale e of new or sting-eligible-housing units s#alt ex;°ed ninety-{9a} pew4N4"f the-medlar-area PUFGhase prire-for-the-area where the eligible housing-4s lesatedTh inety-(99) Percent-Iim+t--pr+Ge-s#all-be established-by-the-United-States Department of Treasury Qgepagftment in-aGGerdanGe-wit"ec#on 3(b) 2 of the I Ir.lted State Hous' Act of 1937; (b) The amount of nthly mortgage-payments-op4he-anioun order to or_ purGha e the hG-using-unit must be affordable-to-e4gible persons GGGupy+ng4he housing ua+t; (4 G)Loans to income eligible households #on#ausing-units-from the Indian River County Local Housing Assistance Trust Fund shall be provided for periods not exceeding thirty (30)years. However, deferred payment soft-second loans or loans that extend beyond thirty (30) years may be provided with the condition that each assisted housing unit financed in either manner must be occupied by income eligible persons for the same period of time as the extended loan period. (5 d)Whenever an owner-occupied housing unit which was purchased or rehabilitated with a deferred payment loan seRstructed-retiab4i'tated, or othepMse assisted #fern proceeds provided from the Indian River County Local Housing Assistance Program is sold, refinanced with a cash out, or occupied by someone other than the original loan recipient, the entire loan amount and accumulated interest shall be due and payable to the local housing assistance program. shall be subjeGt to subsidy FeGa re identical-te- ose pecified434m}of t#e Revsnu . The funds obtained through these repayments recapture-provisions shall be redeposited into the Indian River County Local Housing Assistance Trust Fund for redistribution by the Indian River County Local Housing Assistance Program. (e) Deconstructed-rehabMated, or et# ed from the Indian-River County-LeGal-Housing Assistance program shall be reserved-her eligible persons for the greater of fifteen (15) years or the term Of the a66i6taRGe. Eligible Whoe4-ental ng for sale -before fifteen (15) yea F6 Gf ththat-have f"M`ernainin9-msrtgag F; Rover County LoGal Housing Assistance Program s4lve a first right of refusal to eligible nonprofit organizations for-purchase at the Gurfer:-market v lue for GOR ed GGsupanGy-of the housin";nits by e igible-persons- (6 7)The activities and strategies to be undertaken by the Indian River County Local Housing Assistance Program in providing and encouraging affordable housing shall be consistent with the most recent Indian River County Local Housing Assistance Plan approved by the Board of County Commissioners and Florida Housing Finance Corporation (FHFC)and meet 5 85 requirements of the Section 420-9075 F S and Rule 67-37 FAC insldde but n+ h li .} d „.. to;t(a) impaGt#e#sllew�r�g; arse:-E€ ible-persofls-or—c roserte-may-be-awaFded-loaes-04:_�� th"aymentof4m-pact fees for eligible hous=ing-for- dale-peFFso;s: 0*-�-�rs#ase-assistaflse:-Gweef-ship-Gppo#-unities may b_�Qt g peFseF�s t#fey+g4-4nof49age-4flterest-redur.4 R .--aAd/GF 10W GF RG inteFest-loans--for-down payments and-dosing costs: �efla♦t--ft��st�nnc�� CI' h , , rJ r1 pp�� =*gible--r�e'FBgno--FRay vc--Cf "9RL `._pad{'. leans. Predevelopment GGrnmunity-based-efgaa+zatiGRG R;ay be--awarded-loans-#or sf#e-acquisition-fe"h"evelopment of eligible housing (d)- Re#abiJitatien--€ligible-pefsons-who-own substandard--housing n4s-4!Ray-be-awarded loans4G4enevate-such-un4s4or use- as eligibf ousing. (e) Land b nk:-4ndian4R+ver-Go ;;"aye# r-donatiGR-acquire land-independent--o{f a-spee+fic-pFofect--feF-#e—e Fes„ed-Yur-pG&e-Gf-providing,,� eligible #Dosing-at-a-#ut�+rG�tme- (7 8)The Indian River County Board of County Commissioners may elect to provide additional funding to supplement and/or augment funds provided from the Indian River County Local Housing Assistance Trust Fund for administration and implementation of the Indian River County Local Housing Assistance Program. (9) The lRdian . rrty LDca11=1eusfng-Assfstince Rfegfan}shall include arram as#+v+t to anRwa4y4nGniteranddeter:,,n, �te+}ant�l�g+bili#y-and-amount-D€-subsidy-pursuant-#e4#e prov+siens-ef bis-hapter-a unty-Leval iGus�ng Ass�stance-Wan: (10) The-reunty--shall-Gemply--wit"4--Pules--and-Peg ulations--of-t#e-Florida Housing Finance GGwp a#GP,-Agency-artd4h" e porting-o -the status-ef-the-lr►d. ty-LesaN eusfng,4ssi nse-Wt-h t#e-State SHIP--Progran4--requirements-and- be-aadia^ �rt,.e��Di nty--.Lacal--�using Assis}�nncp Plan- (444-4GUsing-units Feceiufpg-assistance-frGM-bGt ih #y-#tea} ng Assis of the lRdfan Rfver-Gounty-Loval-Houstng-Assista+�ce R�ograrn and re; the State SHIP Pfogra as well as the requiremeRtS Of thethen-state-ander-#ederapregFams. em e4ble W&GR ince #rang mx.ult+pl se-pFDgFams have different-regulations, FeGipiepts--sha#-GGmp4-w#44-he-pfogram having the most restriGtive FequiFementsi ho ever, at no time-n4ay-persons-of-s nsnr_rove; ' assistaRce violate the Fequiren46Pts--D#-any--- f ##fie-ether applicable-pragrams-4nclu444g44e4n4faR RiveF Gounty nce-RFegfam-and-##eState-Sul, P ogfam-. r{d 1 Lln icing Ace /17�. 1� r�,v�a..ymataflee-PfDg{am--ahall�nslud., all n}V,or I,+wfd objectives4K4-pfey+eq ives-hav a #ndfan s}stanse-Wan-i^ the-,nannex-pFovided-fo�estions 420m907 420.9079, PleFida Statutes-and-Rule . (Old No, 93-13. 4-6-93) Section 308.06. Designation of responsibility for administration and implementation of the Indian River County Local Housing Assistance Program. (1) The Indian River County Community Development Department is hereby designated the agency responsible for the implementation and administration of the Indian River County Local Housing Assistance Program. In its capacity as the responsible agency, the community development department, with concurring approval from the board of county 6 86 commissioners, may contract with various profit or non-profit agencies for various administrative activities. (2) The community development department shall monitor the success of the Indian River County Local Housing Assistance Program, and provide advice and suggestions as to whether and in what ways the Indian River County Local Housing Assistance Program might be improved from year to year. (3) The total aMOURt paid-frornthe 4adia I Heus419-As&,s� t-F44F]d for airy administrative-expenseEeuety Local- ousing Ar-sist-aprVe Drnnparri shall et exceed-five4,9 percent of-the€rinds e#-the-Indian River Soonty Local Housing-AssistanseT—R- nd,--unaess-otherwise-approved b Prover Gourityard-O€-Eeunty Se Should to the Indian River County card of County Commissio ieFs,approve-such a-reselt+tion -the.,total arneun#-laid-from," the Indiae leiver County Local-Housing Assistance Trust Find#©r aaY-adMiaistfat XPenses-shah riot exceed-ten !„ 4-percent-Gf4 funds of thdiaR4R!v9F-Saunty Local Housing-Assist Trus n_c; ation 399-0�(4)(G) of this-G-hapter: (4) the seufrty-shall-aot4reatas admir+istrat+v t6 previausly-bor-ae by another fURding-souirGe-4VhiGh-6oukI-Go stink a tn- benva4ah�n4rme t„. ndia��ty Local-Housi tq_Assistaace WaR4"ubrnitted4er-review-and-approval by-the-State-ef Florida- (Crd No 93-13, 4-6-93) Section 308.07. Creation of the Indian River County Affordable Housing Advisory Committee. (1) The Indian River County Affordable Housing Advisory Committee is hereby created and established pursuant to the requirements of Section 420.9076(2) F S The members of the advisory committee shall be appointed by resolution of the board of county commissioners. (2) The resolution appointing the Indian River County Affordable Housing Advisory Committee shall define affordable housing as applicable to the county in a way that is consistent with the adopted local comprehensive plan. (3) The affordable housing advisory committee shall consist of sixteen-46-) seventeen (17) members. Sixteen (16) Aline (9) members shall be voting members, and five (5) nine 9 of those voting members shall constitute a quorum. The committee may not take formal actions unless a quorum is present, but may meet to hear presentations and undertake other informal activities if duly noticed. (a) The Indian River County Board of County Commissioners shall appoint the voting members of the affordable housing advisory committee in conformance with the following representational criteria: 1. One(1)citizen who is actively engaged in the residential building industry. 2. One (1)citizen who is actively engaged in the banking or mortgage industry. 3. One (1) citizen who is a representative of those areas of labor engaged in home building. 4. One (1)citizen who is designated as an advocate for low-income persons. 5. One (1) citizen who is actively engaged as a for-profit a provider of affordable housing. 6. One (1) citizen who is actively engaged as a not-for-profit provider of affordable housing 7. One (1) citizen who is a real estate professional. 7 87 8. One (1) citizen who actively serves on the county's local planning agency (Planning and Zoning Commission). is-a-repr-eser}taWe of-peFsons with spesiat housing-+needs sushas-but-net--Iin;ited-to, the-e;de�y -o;-�entagy--andlaF phys, aiiy-shaiienged- 9, One (1) citizen who resides Number / /� within the county. is--a-repFesentat«,. of lnd+an-Rive ♦ r 10. One (1) citizen who represents employers within the county. ndian R-ive y hoard ef=Cep+nty-Gommissicane;s-vrhe-shall senors-the semrrnittee ohairpersen shagged-wit#-the-duty-ef-sanduGting-meetings-1R a senso nt with lav . 11. One (1)citizen who represents essential service personnel. 12. One (1) member who is a representative of the City of Fellsmere appointed by the City of Fellsmere. 13. One (1) member who is a representative of the City of Sebastian, appointed by the City of Sebastian. 14. One (1) member who is a representative of the Town of Indian River Shores appointed by the Town of Indian River Shores. 15. One (1) member who is a representative of the Town of Orchid appointed by the Town of Orchid. 16. One (1) member who is a representative of the City of Vero Beach, appointed by the City of Vero Beach, (b) The Indian River County Board of County Commissioners shall appoint one member of the Indian River County Board of County Commissioners as a the non-voting member of the affordable housing advisory committee. In Gonferm nee-witia--#he following �.r representational sg+teria: 1. On ember who is a repFesentative-GP e Cif„ of Vern Reach-appGi&pted-by r� the City of Vega-Beasta- + ,, ,,� Fell rpr,�',�,,♦��'" ^'! 2. Ones.-(��ymher who i repro a -0f-t tt�Yf Fell r��r�-, i�ppointed-by the To ere 3—GRe(1)member who is a FepFesentative-of-the City-ef-�ian appeinte"y-the City of Sebastian- epgesentative-ef-t raS; appoint ian +ver Sh_ -S-. s a F2preSent ppoiPAed by the Town of Orchid- L `;`, ' j 6. Tern(2) members who are actively eRgaged4n44e-bar4ki Kj-GF nqnFtgage-if�str - (4) The following terms of membership shall apply to members of the committee: �'7 (a) Voting members shall serve for two-year terms and may be reappointed for subsequent terms. (b) Non-voting members shall serve for one-year terms and may be reappointed for subsequent terms. (5) Meetings shall be held as needed. rnontfily-reg-the-first-year-�4Pittee-exist ence--and quarterly, or mGre frequently, thereafter-- (6) The Indian River County Affordable Housing Advisory Committee shall comply with the Government in the Sunshine Law, the public records law, and the special provisions ti... 8 88 regarding notice of Affordable Housing Incentive Plan considerations found in F.S. Ch. .. 420.9076. Minutes of all meetings shall be kept by-4 e-.Glprk „f th ty Gommicci�norc ov*vrrcr.�. (7) The Indian River County Affordable Housing Advisory Committee shall annually elect a chairperson and a vice-chairperson, and such other offices as it deems necessary.-44444e absence--Gf-tbe- h ' -- tysf-sendest+eg meetings ire a manfle�cer�sis�e law, (8) Staff, administrative and facility support for the Indian River County Affordable Housing Advisory Committee shall be provided by the Board of County Commissioners. (9) Triennially, consistent with requirements of Section 420-9076 F S and Rule 67-37 FAC the advisory committee shall review the county's established policies and procedures ordinances, land development regulations and adopted local government comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value (9)—T-h&- 4-ndiaAff9Fd_@b1e-44QU&4WJ-­A"8GFY GGM O++ tin reviev.x the established--pelisies and-presedares, erdiRaRG&G, -land-demep}atjGR�nd adepted4GGal- pe s�o encourage-er- faeil+tate-affer-dabie-ho�+sir g-�nFhile-pr$test' -to appreciate in value-. (10) Resernn}enda4ens-may-44clude4be-wedificat' in erdirrances---regulations;-er--pian--prsuisions:—Af--�-a3+nin3 �y Affor-dable44ousing-A ' e shall rnake resernrnendations�n a#eFdable k�oes+ng inGe.ntives-in-the-foliowing-ayeas= sing-def+nit4GR4n4he-appo4Aing-reseN,tien: /(mob.\)- The-exped�ited�-prof ring-of-peRT its-#cam-a#©r1able-.housing-pr-ojects- .. (c)The-modiftGation-o foo ron�lire €-irx�Y`^"t-n'z-��.�g,.�ments, inGluding4eduGtioA-G�waiveF-of fees-'and alternative methods (d) The allowaRGe ofncreased Tensity levels. (e) Thereseara' ashy-fur-housin�eFy-low-ins e-pereans-and law-inserne persons: The g-hts-as-a44nansing-meG4an4sre-far-� g4o"ery4ow- in4z;erne-persons-aad4Gw4n4cGm persons (g) The redustiea of parking and-setback-requirernents,-. (h) The aA9wance-Gf4ere4aNine senfiguratiens. (i) The mod tions of sidewalk-and-stFeet Fequiremen+s_ tom+—The est ss-by-v+,hich-the-ceunty-sensi leis, before-adoption procedures and-pslisies that have-a-signiftant-impact OR the Gest of housing-: (11) The Indian RiveF ty Afferdable Housing-Advisory- ;ommittee-reGommendations shall also-include-ether-a#orsable-housing_insent' by the Indian-River-County Afferdable lousing-AdvisoFy GGMFRFttee (12) To the rn.axi ,,.,,,,,,,1 r�+---extent•---feasible, the—approved- off-ordable--hGusing—incentive recGMMenda nem- �ic+ n�i•� e affarda atw*at "'�-�� eGifas rer.c)m aenda#Ga- (43)-WitNn-nine49} ths-franc t#e-adoption-Gf-4his-c4apter-t#e-4ndia Grdable i�ausing Advisey+ GGmmittee-sha4-Gonvene-a-public#nearing whereupG"t e-cGmmittee--shall 9 89 undertake-final,�;e,:aad-Gonside-rationeveloped-0ve ;se e�4he previews tjngs:The-#jqa s,-approved-by-a ma 'ttee's-member-ship-at-this publicng, erdabie 11e616iagincentiv"a view-and-adoption by-the beard Notice of the time;da#e7--and-place-ef the--public-hearing ee,4Pdian-Rjv py--Gomn*lee4a adopt+nal-affordable reusing incee#+ve-resommendatisnss#� wspaper ef•-general--paid-sirsula' uch---no#jce-shall Gon ain a short an nc+se sumrnary--ef�-t# affordable atiens-t Indian River County Affordable ousing--Adv+soryL-Committee. The no ice shall-also-state-the public-place-w4:ere-a-Gopy-0€-the-te44tat+ve4ndia using-AdviseFy G()mm;tee4eGommendatiGn can be obtained ('-)rd No. 93-13, 4-6-93) Sept+eo Og- .-Adeption4"he-t"an-Diver-GoE+-n"#ferdable-Housin tive Plan. (4-}--Wth4-ni�%-day6 ter-the-da#e sf-the-rEceipt-of-tk�e-a#erdable-housing-insen#ive recommendations#rem the-lndian-l?�+ver-So ble444Dus' t#ee the Board of isri ;4ers-shall-,adapt the Indian a Housing InGpntivp PIR e-Indian4Ziver--Gour}ty-A#ordable�ng pcenive-;4an-s4all consist-of the-adoption-af-specific-initis ' enraoufage--GF-fa-�jfitate affordable housing and a sshedule-fer--implementation and a-at-a-mi ' e; (, schedule €er-implementation-0f-eked+ted-permit-W-Gr ssing-far-a#ordable Dousing projects;and (b) An-ems Mations—and cerraprehensive--WaR previs st-o€-heusing. �2)--Upor--adoptior,>^t tPhe;ndia ble Hnusing-4ncentive4;z4an-,44e-8oarr#-ef Gounty-Gemmissieners� ing-Finance-Agency-by-certified-rnail- The-notice chat ' d ver--Geunty-Affordable-klousing Incentive-Wary. (Ord. No. Section 308.089. Severability. If any phrase or portion of this chapter, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phases and their application shall not be affected thereby. (Ord. Na 93-114-6-93) Section 308.094-0. Effective Date. This chapter shall become effective thirty (30)days after the date of formal adoption. K-)'rd Nc 93-13, 4 6.93) 10 90 PARTY. INDIAN RIVER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM ACQUISITION, REHABILITATION, AND SALE PROCEDURES AND STANDARDS Section 308.104. Title. Section 308.112, Purpose and intent Section 308.123- Establishment of procedures for county acquisition of foreclosed or abandoned Properties with NSP funds Section 308.134. Establishment of procedures for county rehabilitation of properties purchased with NSP funds. Section 308.145. Establishment of criteria for the sale of NSP properties that constitute an alternative property disposition procedure to sections (1)and (2) of chapter 125 35 F.& Section 308.104. Title. This Part of Chapter 308, the terms and the provisions contained herein, shall be known as the Indian River County Neighborhood Stabilization Program Acquisition, Rehabilitation, and Sale Procedures and Standards. Ord No. 2012-006, g 2 5-1-12) Section 308.112. Purpose and intent. Since 2009, Indian River County has participated in the Neighborhood Stabilization Program, ... NSP, as created by the Housing and Economic Recovery Act of 2008, afld the American Recovery and Reinvestment Act of 2009, and the Wall Street Reformed Consumer Protection Act of 2010. The purpose of this chapter is to set forth procedures and standards whereby Indian River County can acquire foreclosed or abandoned properties using Neighborhood Stabilization Program (NSP) funds, rehabilitate those properties with NSP funds, and sell those properties to qualifying low and moderate income households. As such, this chapter provides for: (1) Establishment of competition and qualification standards for county acquisition, rehabilitation and sale of foreclosed or abandoned properties in accordance with the NSP; (2) Provisions for notice to participants in the NSP; (3) Establishment of a form and manner to acquire property; (4) Establishment of negotiation or qualification standards that must be met in order for a person to buy a property under the NSP; (5) Establishment of a process to provide notice to potential qualified buyers for NSP rehabilitated housing. (Ord No. 2012-006 y 2. 5-1-12) Section 308.123. Establishment of procedures for county acquisition of foreclosed or abandoned properties with NSP funds. (1) The community development director is hereby designated as the person responsible for administering the county's Neighborhood Stabilization Program. In this capacity, the community development director shall comply with all procedures in the Community 11 91 Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) Housing Assistance Plan (HAP)and NSP Program Manual (as applicable). (2) Consistent with NSP guidelines, the county will acquire foreclosed or abandoned properties to rehabilitate and sell or rent to qualified low and moderate income households. All properties acquired through the NSP will be located in the designated NSP target area and will be acquired at no more than ninety-nine (99) percent of current appraised value. (3) To acquire properties, the county will work with qualified local real estate brokers, financial institutions, and federal housing agencies. For each potential purchase, the county will undertake all applicable pre-acquisition due diligence activities. This will involve obtaining surveys, appraisals, inspections, and title reports, as applicable. (4) In acquiring NSP properties, the community development director is hereby authorized to execute purchase contracts, due diligence contract work orders, and other applicable documents. On a regular basis, the community development director shall provide an NSP acquisition status report to the board of county commissioners. C rte No 2012-000, 2,- 1 121 Section 308.134. Establishment of procedures for county rehabilitation of properties purchased with NSP funds. (1) For each NSP property acquired by the county, an inspection of the property will be conducted to determine the specific rehabilitation work required. That inspection will be based on the county's NSP construction specifications document. Based on the inspection report prepared for the property, a scope of work will be developed, and bid documents will be prepared. (2) To procure contractors for NSP rehabilitation work, the county will comply with applicable NSP regulations and Indian River County Policies and Procedures for CDBG programs and projects. For each NSP rehabilitation project, the county will solicit bids from those firms on its list of pre-qualified contractors. A contract will then be awarded to the lowest, most responsive bidder. (3) The community development director is hereby authorized to execute rehabilitation contracts with NSP contractors. Those contractors will be responsible for obtaining all required permits and completing all items in the applicable scope of work within the timeframe established in the contract. Once the work is completed and inspected, releases of liens are provided, and invoices are submitted, the contractors will be paid. ((Jfd No. 2012-006 § 2 5-1-12) Section 308.145. Establishment of criteria for the sale of NSP properties that constitute an alternative property disposition procedure to sections (1) and (2) of chapter 125.35, F.S. (1) Pursuant to NSP requirements, the county will sell houses acquired with NSP funds to qualified low and moderate income households. In so doing, the county will comply with the resale property disposition criteria in the county's CDBG NSP HAP or NSP Program Manual (as applicable). (2) To be eligible to purchase an NSP house, a buyer must meet the qualification standards listed in the HAP. Specifically, a potential buyer must have an income in the low or moderate income category, have the minimum downpayment amount, and qualify with a financial institution for a principal mortgage in an amount adequate to purchase an NSP house with county/NSP gap financing assistance. For each prospective NSP buyer, the county will 12 92 conduct an income qualification assessment. NSP houses will then be sold on a first come/first served basis. (3) The county will provide notice of intent to sell NSP houses in several ways. These may include, but not be limited to, newspaper advertisements, brochures, multiple listing service, and website notice. (4) Once the rehabilitation of an NSP house is complete, the county will have the rehabilitated house appraised. The lower of the appraised value or the total of the acquisition maintenance and rehabilitation cost of the house The appraised- We will then be the house's selling price. exccept4ha the sembined tease price and Fe biGtatiGn cost.Once the selling price is set, the county will sell the house at the selling price to the first qualified buyer. If, however, a new appraisal indicates that the house's value is less than the selling price, the house will be sold for the new appraised value. The manner of acquisition will be by warranty deed from the county. (5) All sales of NSP properties will comply with the county's comprehensive plan and zoning. (6) The chairman of the board of county commissioners is hereby authorized to execute deeds and other documents associated with the sale of NSP properties, irk d fJ;, ?0 ,2-r00- § 2, 1'-1-1L F:\Community Development\SHIP\LHAP\CHAPTER 308 underline and strikethru.doc 13 93 Pub Hearing -N.. Legislative INDIAN RIVER COUNTY, FLORIDA 10A:- MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE T'HRU: Stan Boling, AICP Community Development Director FROM: Sasan Rohani, AICP <4 ' Chief, Long-Range Planning DATE: February 26, 2014 SUBJECT: Consideration of an Ordinance to Temporarily Extend the Suspension of 'Three Impact Fees for One Year or Until the Current Impact Fee Review is Completed and a New Impact Fee Schedule is Approved and Becomes Effective, Whichever. Occurs First It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 11, 2014. DESCRIPTION AND CONDITIONS On March 3, 2009,the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the County. After discussion,the Board decided to suspend collection of five of the County's nine impact fees for six months. The five suspended impact fees were: the Emergency Services Facilities Impact Fee, the Correctional Facilities Impact Fee, the Public Buildings Impact Fee,the Law Enforcement Impact Fee,and the Solid Waste Facilities Impact Fee. As approved, the impact fee suspension ordinance applied only to impact fees associated with a building permit, and it required that a certificate of occupancy be obtained within eighteen months of building permit issuance. Otherwise, the fee amount attributable to the five suspended fee categories became payable. Subsequently the Board extended the impact fee suspension several times. In 2011, however, the Board voted to suspend only three impact fees (correctional facilities, public buildings, and solid waste facilities). Those impact fees were suspended from April 1, 2011 until March 31, 2012. 'Then, on March 13, 2012. the Board extended suspension of the three impact fees i'or two years until March 31, 2014, I 94 In addition to temporarily suspending certain impact fees, the County has lured a consultant to update the current impact fee schedule and address various impact fee issues raised by the Board, including fee reduction alternatives. At this time, the conclusion of the fee schedule update process is still several months away. Therefore, unless the three impact fee suspension is extended, the suspension will end before the new fee schedule is adopted. On February 4, 2014, the Board directed staff to advertise for a public hearing to extend the current suspension of three impact fees for an additional one year, from April 1, 2014 until March 31, 2015 or until the current impact fee review is completed and a new impact fee schedule is approved and becomes effective, whichever occurs first (see attachment41). Pursuant to the county's ordinance adoption procedures, staff advertised for an impact fee suspension public hearing to be held on March 11, 2014. Besides advertising for the public hearing, staff also prepared a draft impact fee suspension ordinance and provided the municipalities with thirty day notice of the hearing. A copy of the draft ordinance is attached to this staff report. The Board is now to consider adoption of an ordinance to temporarily suspend three impact fees for one year, or until the current impact fee review is completed and a new impact fee schedule is approved and becomes effective, whichever occurs first. ANALYSIS As of this time, the county's impact fee suspension has been in effect for five years. During that time, the number of single family building permits applied for declined in the first suspension period and then remained the same until the last two suspension periods which increased significantly, mainly due to improving economic conditions. The amount of commercial building permits decreased compared to the period prior to the suspension. While the extension of the impact fee suspension will result in additional unrealized revenues, the anticipated revenue loss will not be substantial due to slow to moderate pace of development that the county is currently experiencing. Further, this loss of revenue will not have a substantial adverse effect on the county's ability to fund capital needs in the three areas where impact fees are proposed for suspension (public buildings, correctional facilities, and solid waste facilities). Comparison of Selected Impact Fee Rates Before and After Suspension The table below shows current impact fee rates for selected land uses with no fees suspended and with the three fees suspended. Over the past few years, the suspended impact fees have resulted in lower impact fee payments for both residential and commercial projects. During the suspension periods, however. commercial projects fared better, with an average impact fee reduction of 23% to 34%, compared to an average of 6%reduction for residential projects. The reason for the difference between commercial and residential is that only 6 of the 9 impact fees imposed by the county apply to commercial projects, while all nine apply to residential projects. Since the three suspended impact fees all apply to both residential and commercial projects,the suspension resulted in commercial projects paying only three impact fees (Transportation, Fire[EMS, and Law Enforcement), while residential projects paid six impact fees. 2 95 Land Use Impact Unit Impact Fee Rate Impact fee rate Difference Percentage Prior to with three Impact Decreased Suspension Fees are Suspended (10/1/09) (Public Buildings, Correctional Facilities, Solid Waste Facilities) Single family less DU $7,519 $7,100 $419 -6% than 1500 sq. ft. Multi-famih DU -$4,817 $4,532 $285 -6% Office 1000 sq. ft. $5,696 $4,366 $1,330 -23% Retail Center 1000 sq,ft. $6,340 $4,209 $2,131 -34% General 1000 sq. ft. $3,539 $2,695 $844 -240//oIndustrial Justification for Temporary Suspension The intent of the temporary impact fee suspension was to incentivize construction activity during the economic downturn. Although it is unclear whether the temporary impact fee suspension has stimulated construction activity since it has been in effect, there are valid reasons to extend the suspension. One reason is that the three impact fees suspension does not cost the county a significant amount in unrealized impact fees. Another reason is that the temporary suspension enhances the county's "open for business" image. The third reason is that the updated impact fee schedule will be in place in several months and extending the suspension until that tune will avoid a short-temp change(increase) in impact fee rates that would run contrary to fee reduction alternatives currently being considered. For those reasons,the Board should extend the impact fee suspension period until the updated impact fee schedule becomes effective. Attached to this staff report is the proposed ordinance (see attachment 42). If adopted, the ordinance will extend the suspension of the three currently suspended impact fees for one year until March 31, 2015, or until the current impact fee review is completed and a new impact fee schedule is approved and becomes effective, whichever comes first. According to the County's impact fee interlocal agreements with each of the County's five municipalities, the County must give the municipalities at least thirty days notice prior to making any amendment to the impact fee ordinance. Said notice was provided to the municipalities by email. ALTERNATIVES With respect to the suspended impact fees, the Board has the following options: 1. To extend the suspension of the three impact fees 2. To not extend the suspension of the three impact fees Staff supports Option 1. 3 96 RECOMMENDATION Staff recommends that the Board of County Commissioners approve Option 1 and adopt the attached ordinance to extend the temporary suspension of three impact fees for public buildings, correctional facilities, and solid waste facilities for one year until March 31, 2015, or until the current impact fee review is completed and a new impact fee schedule is approved and becomes effective, whichever occurs first. ATTACHMENTS: 1. Minutes from February 4, 2014 BCC meeting 2. Ordinance Extending the Suspension of Three Impact Fees Approved Agenda Item: Indian River Co. Approved Date , Admin. (� For:` �QiI�C! I I+ 2,�i�1 Legal ?- Budget s By , Dept. Risk Mgr. .r. F:Tonununity DevelopmenBJmpact Fee12014-IF Study\2014-13CC staff report temporary suspension ol'IFs March 11,2014.doc 4 97 Minutes from February 4, 2014 13CC meeting are not available at this time Attachment #1 5 98 ORDINANCE NO. 2014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING TITLE X, IMPACT FEES, OF THE CODE OF INDIAN RIVER COUNTY, TO AMEND CODE SECTION 1000.06 "IMPOSITION" TO PROVIDE AN EXCEPTION TEMPORARILY SUSPENDING FOR ONE YEAR OR UNTIL THE CURRENT IMPACT FEE REVIEW IS COMPLETED AND A NEW IMPACT FEE SCHEDULE IS APPROVED AND BECOMES EFFECTIVE, WHICHEVER OCCURS FIRST, THE IMPOSITION OF IMPACT FEES FOR PUBLIC BUILDINGS, CORRECTIONAL FACILITIES, AND SOLID WASTE FACILITIES; AND PROVIDING FOR CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida, finds that the dramatic downturn of the local economy warrants measures to stimulate the local economy; and WHEREAS, the Board of County Commissioners temporarily suspended five (5) impact fees from April 1, 2009 until March 31, 2011; and WHEREAS, the Board of County Commissioners, temporarily suspended three (3) impact fees from April 1, 201]until March 31, 2014; and WHEREAS, the Board of County Commissioners has hired a consultant to update the current impact fee schedule and the process for updating the impact fee schedule is still several months away; and WHEREAS, the Board of County Commissioners has determined that allowing the temporary suspension to end prior to the effective date of the updated impact fee schedule would result in a temporary "spike" in impact fees, contrary to the Board's overall efforts to reduce impact fees to stimulate economic development; and WHEREAS, the Board of County Commissioners has determined that it is in the best interests of the public to extend the temporary impact fee suspension until the updated impact fee schedule is completed and goes into effect. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: SECTION ONE: AMENDMENT OF CHAPTER 1000. Section 1000.06 of Chapter 1000 of Title X of the Indian River County Code is hereby amended to read as follows: Section 1000.06. Imposition. (1) Any person, who after the effective date of this ordinance, seeks to develop land by applying for a building permit or an initial concurrency certificate, shall be 1 99 ORDINANCE NO. 2014 assessed impact fees and shall be required to pay all applicable impact fees in the mamier and amount set forth in this title. Exception: the imposition of impact fees for public buildings correctional facilities and solid waste facilities is temporarily suspended for the one year period from April 1, 2014 to March 31, 2015 or until the current impact fee review is completed and a new impact fee schedule is approved and becomes effective, whichever occurs first. This exception applies only to applications for buildmjZ permits and initial/final concurrency certificates needed prior to release of a site plan. The exception does not extend to applications for initial-1, initial-3, or initial-7 coneurrenev certificates not associated with the release of site plans. Applicable impact fees must be paid at the time of building permit application or initial/final concurrency application If a certificate_ of occupancy is not obtained within eighteen (18) months of issuance of the building permit, then no certificate of occupancy may be issued until impact fees for public buildings, correctional facilities, and solid waste facilities are paid at the then current rate (2) No building permit or initial concurrency certificate for any activity requiring payment of impact fees pursuant to this title shall be issued unless and until all impact fees required by this title have been paid. O) Any person, who after the effective date of this ordinance applies for an initial concurrency certificate or for a permit to set up a new mobile home, shall be assessed impact fees and shall be required to pay all applicable impact fees in the manner and amount set forth in this title. (4) No permit or initial concurrency certificate for the set up of a new mobile home requiring payment of impact fees pursuant to this title shall be issued unless and until all impact fees required by this title have been paid. SECTION TWO: APPENDIX A IMPACT FEE SCHEDULES Appendix A, Impact Fee Schedules, of Title X, Impact Fees, of the county code is hereby revised to exclude suspended impact fees (Appendix A is attached). SECTION THREE: CODIFICATION. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. 100 ORDINANCE NO. 2014 SECTION FOUR: SEVERABILITY. I-aw If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION FIVE: EFFECTIVE DATE. This ordinance shall take effect on April 1, 2014. This ordinance was advertised in the Vero Beach Press-Journal on the 24th day of February 2014, for a public hearing to be held on the 11 th day of March 2014, at which time it was moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote: Peter D. O'Bryan, Chairman Wesley S. Davis, Vice-Chairman Bob Solari, Commissioner Tim Zore, Commissioner Joseph E. Flescher, Commissioner The Chairman thereupon declared the ordinance duly passed and adopted this 11 m day of March 2014. Board of County Commissioners Indian River County, Florida By: Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORMA ND LEGAL SUFFICIENCY i i' ylan Rei 'gold,County Attorney 3 101 ORDINANCE NO. 2014 APPROVED AS TO PLANNING MATTERS Stan Boling,AICP; Co ' nity Development Director FXommunity DevelopmentUmpact I-ee12014-IF Study\2014 Ordinance Suspension of impact fees April 1,2014 to March 31,2015.doe w. +arr 4 102 Appendix "A" Ordinance No. 2014- Unincorporated Indian River County Impact Fee Schedule Effective April 1,2014-tllarch 31,2015(Excludes three suspended impact fees) Net Impact Fee Impact Law Park and jTolalNAdministration Fee Land Else Unit Transportation Fire/EI11S Enforcement Libr$S430 Schools Recreation r,2.S'%Residential Total Impact Fee SingleFamily Lower than 1,500 sf(under air) du $2,974 5247 $21R S 1,756 $1,302S173 $7.)00.00 1,500 to 2.499 sf(under air) du 54,4R3 5278 $245 51.756 51,463 5218 S8 92G 2,SO0sforGreater(under air) du $5,031 5301 $265 S1,75G $1,587 cod64 �, $_�7 Accessop�Single Famil)' du 52,428 5176 $148 5285 $500 $884 54,421 59,701 51 11 Multi Family du $2,428 5176 $148 ,2 R.S S4.S32 5500 $884 54.421 $111 54,532 Mobile Home du 51.745 S182 $158 5349 SG23 5942 53,999 Transient,Assisted,Group 5100 54,099 Hotel Room 52,804 5160 $140 53,104 $78 53.182 Motel Room S1.516 $160 $140 51.816 k35 SI,R61 Nursing Home Bed 5432 $172 SI51 5755 $)q ACLF Bed $620 $172 5151 5774 Office and Financial 5943 $24 $967 Medical Office 1,000 sf 513,411 5299 5262 $13,972 $349 _ Bank 514,321 1,000sf 510,634 $341 S299 $11,274 5282 511,556 Bank w/Drive-in 1,000 sf Sl3,020 5280 5245 $13,545 5339 5131ISS6 884 Office 1,01X)sf 53,798 5246 5216 54,260 5107 Research&Development Center 1,000 sf $2,798 $130 S114 S3 04� 576 Industrial Manufacturing 1,000 sf. $1,318 S88 S77 $1,483 Warehouse 1,000 sr $1,228 568 S59 S37 51,355 534 Mini-Warehouse 1,000 sf 5862 S13 $12 General Industrial 1.000 sf S2,404 $120 5105 -$2629 522 S66 Concrete Plant Acre S5,382 $265 $232 55,879 Sand Mining Acre 5690 $34 S30 5754 5147 Retail,Gross Square Feet S19 5773 Retail Center 1200 If $3,163 S5031 5441 $4,107 $103 $4,210 Gas Station Fuel pos 55,587 5303 $265 $6,155 New and Used Car Sales $154 $6,309 1,000 sf $10,108 5300 5263 Restaurant 510,671 $267 $10,938 1,000sf $22,152 51.289 51,129 $24,570 $614 $25,I R4 Fast Food Rest+v/Drive-Thru 1,000 sf $34,781 $1,389 51,217 $37,387 $935 $38.322 Supermarket 1,000sf $11,179 $357 S313 $11,849 _ Auto Repair 1.000 sf S296 S 12,145 $7,830 $107 5114 $8,051 Car Wash Bays $14,589 $332 $201 $8,252 $`91 515,212 $380 515.592 Convenience Store 1,000 sf $25,430 $746 $653 S26,929 Furniture Store 549 $671 S27 500 LOOOSf S1,373 $55 $1,478 537 $1.515 O W Unincorporated Indian River County Impact Fee Schedule Ordinance No. 2014- Effective April 1,2014-March 31,2015(Excludes three suspended impact fees) Net Impact Fee Impact Law Park and Total Net Administration Fee Land Use Unit Transportation Fire1EM1IS Enforcement Library Schools Recreation Impact Fee rd 2.5% Total Impact Pee Recreational Golf Course hole $11,248 $429 $376 S1105--5301 $12,355 Racquet Club/Health ClubrDance Studio 1000 sf $10,824 $417 $366 511 607 $�90 $I 1897 County Park Acre $718 $27 523 $768 $19 5787 Tennis Court Court $12,180 $408 $357 $12,945 5324 513,269 Marina Berths $973 $27 S241 $1,023 S26 51049 Governmental Post Office 1,000 sf $14,199 $312 $273 514,784 5370 $15,154 Library 1,000 sf $17,925 $302 S265 $18,492 5462 $18,954 Government Office Complex"' 1,000 sf $9,632 $238 5209 $10,079 �S252 S10,331 Jail"' Bed $389 $153 5134 $676 S17 $693 Miscellaneous Day Care Center 1.000 sf $8,847 5177 $155 $9,180 5230 59,410 Hospital 1,000 sf 55,309 5275 $241 $5,825 5146 51 Veterinary Clinic 1,000 sf $3,511 $287 2 55'971 $ $4,050 $101 54,151 Church 1,000 sf $2,588 $94 $82 $2,764 S69 52,833 Movie Theater Screen 522,743 S1,490 51,305 525.538 $638 $26.176 School(Elementary and Middle) Student $149 S17 $14 S1801 S5 $185 School(High) Student $538 $21 $18 5578 S14 School(college) Student $653 518 $16 $592 $G87 517 Fire Station"' 1,000 sf $983 $704 $97 $1,0801527 51,107 (1)Government uses are exempt from paying impact fees used to develop that same use. This is because legally,if the development does not create a demand for the facility,or indeed,mitigates the need for the facility,it should not pay the fee. In other words,a newjail will not pay the correctional facilities impact fee,a new fire/EMS station will not pay the fire/EMS impact fee,and a new government office building or office complex will not pay the public buildings impact fee,etc. Specific government uses that are not included in the schedule,such as a sheriffs office,will be classified under government office building or complex as appropriate. These uses will not pay the impact fee used to develop them(e.g.,a sheriffs office will not pay the law enforcement impact fee,etc.). VAC>HMENT 0 Master Impact Fee Schedule- City of Fellsmere,Town of Orchid, City of Sebastian, City of Vero Beach Ordinance No.2014- Effective April I,2014-March 31,2015(Excludes three suspended impact fees) Net Impact Fee Citv County Impact Total Net Administration Administration Total Impact Land Use Unit Transportation Fire/EINiS Library Schools Impact Fee Fee 2%, Fee 1 /o Residential n ° Fee Single Family Lower than 1.500 sf(under air) du $2.974 5247 $430 S1.756 55,407 S108 554 55,569 1,500 to 2,499 sf(tinder air) du $4.483 $278 $48311.756 $7,000 S140 $70 S7?10 2.500 sf or Greater(under air) du $5,031 $301 $524 $1,756-S7.612 515 $76 $7 840 Accessory Single Family du $2.428 $176 $285 $500 S3,389 $68 Multi Familv du $2.428 5176 $285 $500 $J4 53.491 $3.389 Mobile Home du $1,745 5182 $349 $6231 52,899 $58 $34 53,491 "transient,Assisted,Group $29 S2,986 Hotel Room $2,804 $160 $2,964 $59 S30 $3.053 Motel Room $1.516 $160 $1.676 $34 1.72 Nursing Home Bed $432 5172 $604 $12 $Sb 16 $$622 ACLF Bed 5620 $172 5792 Office anti Financial 516 S8 S816 Medical Office 1,000 sf $13.41 1 $299 $13,710 $274 $137 $14,121 Bank 1.000 sf $10,634 5341 $10,975 $220 $109 S 1 1.304 Bank w/Drive-in 1,000 sf S13.020 $280 513.300 $266 office 1,000 $13.699 1,000 sf $3.798 $246 $4,044 S81 $40 54.165 Research and Development Center 1,000 sf $2,798 $130 $2.928 $59 $29 Industrial 53.016 Manufacturing 1,000 sr $1.318 $88 $1,406 S28 $14 $1448 Warehouse 11000 sf 51,228 $68 $1,296 $2(i $13 51,335 Mini-Warehouse 1,000 sr 5862 $13 $875 General Industrial 1.000 sf $2,404 $120 $2.524 $18 $8 $901 Concrete Plant Acre 55.382 $265 $50 $26 $2'600 $5.647 S 1 13 $56 $5.816 Sand Mining Acre 5690 $34 $724 $14 $8 Retail,Gross Square Feet $746 Retail Center 1.000 sf $3,163 5503 $3.666 $73 $37 Gas Station Fuel pos $5,587 $303 $3.776 55.890 $118 $54 $6,067 New and Used Car Sales 1,000 sf $10.108 $300 $10.408 5208 Restaurant 1.000 sf $22,152 $1,289 S 104 $10,720 $2 3.441 S4(i9 $234 $24.144 Fast Food Rest w!Drive-Thru 1.000 sf $34.781 $1.389 $36.170 5723 $362 Supermarket $37,255 p 1,000 sf S 1 1.179 5357 $11.536 S231 S 1 15 $11,882 Auto Repair 1.000 Sf $7,830 S107 S7,937 S159 S79 $8.175 Car Wash Bays S14.589 $332 $14.921 S298 Convenience Store 1,000 sf $25.430 $746 $26. 6 $524 $261 S26.961 $1�0 -S15,369 17 Furniture Store 1.000 sf' S1.373 S56 S1.429529 514 $1.472 Ordinance No.2014- Master Impact Fee Schedule-City of Fellsmere,Town of Orchid, City of Sebastian,City of Vero Beach Effective April 1,2014-March 31,2015(Excludes three suspended impact fees) Net Impact Fee City County Impact Total Net Administration Administration Total Impact Land Use knit Fransportation Fire/EMS Library Schools Impact Fee Fee(a 2% Fee a 1% Fee Recreational Golf Course hole $11.248 $429 $11.677 $234 S116 $12,027 Racquet Club/Health Club/Dance Studio 1.000 sf $10,824 $417 $11.241 $225 $112 $11,578 County ParkAcre $718 $27 $745 $15 $7 $767 Tennis Court Court $12,180 $408 $12,588 $252 $126 $12,966 Marina Berths 1 $973 $27 S1.000 $20 $10 $1,030 Governmental $0 Post Office 1,000 sf S14,199 $312 S14.511 $290 $145 $14,946 Library 1.000 sr $17,925 $302 $18,227 5365 $182 $18,774 Government Office Complex(l) 1,000 sf $9,632 $238 $9,870 $197 $99 $10,166 Jail"' Bed $389 $153 $542 $11 $5 5558 ;Miscellaneous Day Care Center 1.000 sf $8,847 $177 $9.024 $180 $91 $9,295 Hospital 1,000 sf $5,309 $275 $5,584 -S112 $56 $5,752 Veterinary Clinic 1,000 sf $3.511 $287 $3,798 $76 $38 53,912 Church 1,000 sf $1588 S94 52.682 $54 $26 52,762 Movie Theater Screen $22,743 $1,490 $24,233 $485 $242 $24,960 School(Elementary and Middle) Student $149 $17 $1661 S3 S2 $171 School(High) Student $538 $21 $559 $11 $6 $576 School(College) Student $653 $18 $671 $13 $7 $691 Fire Stational 1,000 sf $983 $983 $20 $9 $1,012 (1)Government uses are exempt from paving impact fees used to develop that same use. This is because legally,if the development does not create a demand for the facility,or indeed,mitigates the need for the facility,it should not pay the(ee In other words.a newjad will not pay the correctional facilities impact fee,a new fire/EMS station will not pay the fire,EAIS impact fee,and a new government once building or office complex will not pay the public buildings impact fee,etc. Specific government uses that are not included in the schedule,such as a sheriffs office,will be classified under government office building or complex as appropriate. These uses will not pay the impact fee used to develop them(e.g.,a sheriffs once will not pay the law enforcement impact fee,etc I O tT INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 10BI 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: Althea McKenzie ADDRESS: 2405 16`'Avenue,Vero Beach PHONE: 772-501-2385 SUBJECT MATTER FOR DISCUSSION: Gifford Expense Analysis FY 2013/14 IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED X� YES Ej NO IS THIS AN APPEAL OF A DECISION a YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Review and Discuss—Consideration for 2014/15 FY Budget ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR: �.CJ?� Fax Joseph A. Baird Mail -X_ Hand Delivered MEETING DATE: Phone Documem2 Board Approved I L7/06 ,+err, 107 BOARD OF COUNTY COMMISSIONERS 1801 27`"Street, Vero Beach, Florida 32360-3388 Office of Management& Budget Telephone: (772)226-1214 February 27, 2014 �l4RiOp' Ms. Althea McKenzie 2405 16°i Avenue, 4201 Aero Beach, FL 32960 Dear Ms. McKenzie: Please find attached a report which addresses some of your concerns that were presented to the Board of County Commissioners at the meeting of January 21, 2014. If you would Iike any additional information or if you would like to schedule a meeting to discuss this report,please contact me at 226-1214. Sincerely, Jaso E. rown I Dire r;Management &Budget Enclosure cc: Board of County Commissioners Joseph A. Baird,County Administrator 108 low Staff Report Gifford Expense Analysis - Estimated Portion of Total Budget (Fiscal Year 20 1 3/14) DRAFT 109 Background On January 21, 2014, Althea McKenzie made a presentation to the Board of County Commissioners regarding the Gifford Neighborhood Plan. During this presentation, Ms. McKenzie presented a docurnent she had completed which calculated that the County was only expending between 0.2% and 1.0% of the total budget in the Gifford area. An extensive discussion regarding the County's provision of services and infrastructure in Gifford followed. Ms. McKenzie asserted that the County was underserving Gifford. In support of this point, it was asserted that the residents were paying more in taxes than the County was spending in the area and that the area did not receive services in proportion to the other areas of the County. Staff has prepared an analysis of County revenues and expenses associated with the Gifford area in an effort to address some of the concerns raised by Ms. McKenzie. For many years, Gifford community leaders have requested an accounting of projects completed in Gifford. The Office of Management & Budget periodically provides a report of these expenditures ("Gifford Expenses" report). It appears that the annual totals from this report were used as the basis for analyzing the County's expenditures on Gifford in the document presented by Ms. McKenzie on January 21, 2014. These amounts ($463,824 for fiscal year 2012/13) were divided by the total County budget to arrive at a percentage of the total budget expended for Gifford. This analysis is flawed. The"Gifford Expenses" report was not intended to provide the total of all County expenses for Gifford. This report focuses primarily on capital improvements and operating expenses associated with those improvements in the Gifford area. Valuing Government Services—Challenges and Limitations The question of whether taxpayers are receiving value from the taxes paid is a legitimate concern and is asked frequently by taxpayers. However, it can be difficult to quantify the value received by taxpayers individually or collectively in a neighborhood. Most of the services provided by government, including Indian River County, are public goods (e.g. law enforcement, fire protection, road construction and maintenance, etc.). These services are available for use by all citizens and even visitors to the area. The actual value of public goods (services)for each individual or neighborhood is difficult to measure, and can only be estimated based upon an allocation of expenses based upon some metric (e.g. population, calls for service, usage of service, etc.). Such analyses always have limitations. For example, Fire Rescue expenses may be valued and allocated to an area based upon the number of calls for service. However, each individual may value these services differently. It should be noted that taxes are not fees for service. According to the Merriam-Webster dictionary, tax is defined as: "an amount of money that a government requires people to pay according to their Income, the value of their property, etc., and that is used to pay for the things done by the government." Additionally, Merriam-Webster's definition provides: "Taxes are a general obligation of taxpayers and are not paid in exchange for any specific benefit." It is important for proper government and fiscal management to ensure that tax dollars are expended efficiently, and that the taxpayers receive a good level of service for their tax dollars. However, payment of a tax is not a fee for service and there Is no guarantee that a taxpayer receives services equivalent to the amount of tax paid. For example, all property owners in the County pay school district taxes. Many of these taxpayers have no children in the school system. Others that pay a February 27,2014 FABudgetUason\MISC\Gifford Expense as Portion of Budget Analysis.doc 110 similar amount of taxes may have several children in public schools. While the two groups of taxpayers in this scenario paid the same amount, they are not receiving the same benefit. For the reasons stated above, staff is typically reluctant to perform an analysis of the dollar amount of government services provided to any one taxpayer or group of taxpayers. These exercises have limitations and it is inherently divisive and unproductive to attempt making distinctions between the benefits received by different individuals or neighborhoods within the County. However, staff has developed the attached analysis in an effort to address the concern that Gifford may not be receiving a fair level of service from the County. Analysis and Methodology Staff has prepared the attached analyeis to estimate the amount of County expenses benefitting the Gifford neighborhood. This analysis is based upon the fiscal year 2013/14 budget. Where possible, expenses have been assigned based upon a metric that indicates the usage of such services. For example, the transit system expenses were allocated based upon the number of boardings and alightings within Gifford. According to a survey of Go-Line ridership activity from 2012, an average of 6,026 boardings and alightings occur on the Go-Line during a typical weekday. Of those 6,026 boardings and alightings each day, an average of 753 boardings and alightings occur In Gifford. This represents 12.5% of boardings and alightings, excluding transfers. Therefore, 12.5% of the expenses of the transit system were allocated to Gifford for purposes of the analysis. Fire Rescue expenses were allocated based upon the number of calls for service within Gifford as a percentage of the total calls for service within the County (excluding the Town of Indian River Shores, which provides its own Fire Rescue services). For calendar year 2013, Fire Rescue received 1,262 calls for service in the Gifford area out of 25,923 total calls for service. This represents 4.9% of the total calls for service. Therefore, 4.9% of Fire Rescue expenses were allocated to Gifford in the analysis. Staff has requested a breakdown of Sheriff's Office expenses for Gifford, but has not received this information as of this date. In an effort to provide a timely response, staff has allocated expenses to the Gifford area based upon the percentage of population. As additional information is received, the analysis will be updated in the future. i In instances where a metric showing the usage of a service was not available, the expenses were allocated based upon population according to the 2010 census. The total approved fiscal year 2013/14 budget is $255,107,975. Staff has deducted interfund transfers and charges (G&A expense, insurance charges, fleet charges)totaling $49,571,228 from the original amount as these items are counted twice in the total. Such entries need to be removed to avoid "double counting"expenditures. Enterprise Fund expenses ($52,795,420) have been deducted from the total budget as well. These funds (Utilities, Building, and Golf Course) charge user fees to cover expenses and are not funded from taxes. For example, each Utilities customer is charged the same rate for their water consumption regardless of their location in the County. Each fund is fully supported by user fees and there is no contribution from the taxpayers to support these operations. Since the focus of this analysis is on the expenditure of tax dollars, the Enterprise Fund expenses have been deducted from the total. Summary and Conclusion The analysis (attached) shows that estimated County expenses for services to Gifford total approximately$11 million. This represents 7,2% of the total budgeted expenses of$152.3 million (as ` February 27,2014 FABudgetWasoMMISMIfford Expense as Portion of Budget Analysis.doc 111 adjusted), This estimate ($11 million) differs substantially from the amount shown in the analysis Now presented by Ms. McKenzie on January 21, 2014 due to the inclusion of all County services rather than only the expenses identified on the "Gifford Expenses"report for reasons outlined above. Please see the table below for a comparison of the estimated expenses for selected service areas, FY 2013/14 Budget Service Area "Gifford Expenses" Staff Analysis_ Increase report Estimate Decrease Law Enforcement $0 $3,619,336 $3,619,336 Fire Rescue $0 $1,222,879 $1,222,879 Go-Line(transit) $0 $77,559 $77,559 Parks $500,000 $137,036 ($362,964) As illustrated in the table above, the "Gifford Expenses" report included no law enforcement expenses for Gifford. The Sheriff's Office provides law enforcement in Gifford as well as other areas of the County. Clearly, expenditures in this service area for Gifford exceed $0, and the analysis results in an estimate of$3.6 million based upon population. According to the 2010 census the population of Gifford was 9,590. The County population at the time was 138,028. Therefore, as of 2010 Gifford residents accounted for 6.9% of the total population of the County. The estimated expenses for Gifford are 7.2% of the total based upon the analysis, Therefore, estimated expenses as a percentage of the total budget are in line with (slightly above) the percentage of total population. w.. Staff has also estimated the amount of ad valorem taxes paid by owners of property within Gifford. For this analysis, staff used the taxable value of the Gifford Street Lighting District as the basis for the amount paid by these taxpayers. For fiscal year 2012/13, the taxable value with the Gifford Street Lighting District was about $98.4 million. For the same year, the taxable value for the entire county was $12.7 billion. The table below shows the property taxes by fund for Gifford and the County as a whole. FY 2012/13 Taxes Levied Fund Name Gifford Total Countywide % of Total General Fund $304,088 $39,315,374 0.77% M.S.T.U. Fund $105,651 $7,482,512 1.41% Emergency Services $168,798 $17,763,664 0.95% Land Acquisition Bond $37,396 $4,834,880 0.77% Gifford Street Lighting District $69,450 n/a n/a Total—All Taxing Funds $685,383 $69,396,430 0.99% .. February 27,2014 FABudgetUasonWISMifford Expense as Portion of Budget Analysis.doc 112 As illustrated above, ad valorem taxes paid by Gifford area property owners equal about 1% of the total property taxes paid in the County. The estimated expenses for Gifford are 7.2% of the total �" based upon the analysis, Therefore, estimated expenses as a percentage of the total budget exceed the percentage of property taxes paid by the Gifford area. In conclusion, the estimated expenditures for Gifford area residents as a percentage of the total County budget (7.2%) equals or exceeds the percentage of total population (6.9%) and taxes paid (1.0%) by area residents. Based upon these measurements, it appears that Gifford citizens are receiving services at a level proportionate with other areas of the County. February 27,2014 FABudgetUason\MISC1G1fford Expense as Portion of Budget Analysis.doc 113 Analysis of Total Budget - Gifford Area Expenses Fiscal Year 2013/14 -Total Budget Less Transfers 8t Charges Fund Number and Description FY 2013/14 Est. Gifford Area Est. Gifford Area Proposed Budget /o Exp. Expenses Ad Valorem Taxing Funds: 001 General Fund $6.7,248,981 8.3% $5,599,376 004 Municipal Service Taxing Unit Fund 5,003,708 10.3% 517,595 111 Transportation Fund 12,601,809 _ 6.9% 875,557 114 Emergency Services District 25 264,788 4.8% 1,222,879 245 2004 Land Acquisition Bonds 4,775,560 6.9% 331,799 Total-Ad Valorem Taxing Funds: $194,894,846 $8,547,206 Solid Waste Disposal District: 411 1 Solid Waste Disposal District $0 n/a $0 Special Revenue Funds: 102 New Traffic Improvement Fees $1,721,220 6.9% $119,588 103 Additional Impact Fees 1,579,146 6.9% 109,717 106 Court Facilities Fund 30,000 6.9% 2,084 108 Section 8/Rental Assistance - 1,972,759 6.9% 137,065 109 Secondary Road Construction 8,000,599 6.9% 555,871 117 Tree Ordinance Fines 50,000 6.9% 3,474 119 Tourist Development Fund 728,313 0.0% 0 120 911 Surcharge 727,440 6.9% 50,542 121 Drug Abuse Fund 68,509 6.9% 4,760 123 IRCLHAP/SHIP 440,078 6.9% 30,576 124 Metro Plan Organization 706,080 6.9% 49,057 127 Native Uplands Acquisition 55,000 0.0% 0 128 Beach Restoration 11,158,755 0.0% 0 133 Florida Boating Improvement Prog. 44,300 0.0% 0 134 Library Bequest Fund 50,000 6.9% 3,474 135 Disabled Access Programs 20,000 0.0% 0 136 Intergovernmental Grants 274,206 6.9% 19,051 137 Traffic Education Program 13,593 6.9% 944 140 Court Facility Surcharge Fund 147,675 6.9% 10,260 141 Additional Court Costs 96,914 6.9% 6,733 142 Court Technology Fund 401,939 6.9% 27,926 145 Land Acquisition Series 2006 40,000 6.9% 2_,_779 171 E.Gifford Stormwater M.S.B.U. 940 100.0% 940 181 Gifford Streetlighting 76,432 100.0% 76,432 18*-19* Other Streetlighting Districts 158,982 0.0% 0 185 Vero Lake Estates M.S.B.U. 969,532 0.0% 0- 308 Dodgertown Capital Reserve Fund 250,000 0.0% 0 Total- Special Revenue Funds: $19,782,412 $1,219,275 Other Debt Service Funds: 204 1 Dodger Bonds $877,513 6.9% $60,968 Capital Project Funds: r:\Budget\Jason\MISC\Gifford Percentage of Total Budget Analysis(Aut�SSraf 2/27/2014 114 Analysis of Total Budget - Gifford Area Expenses Fiscal Year 2013114 - Total Budget Less Transfers & Charges Fund Number and Description FY 2013/14 Est, Gifford Area Est.Gifford Area Proposed Budget /o Exp. Expenses 315 Optional One Cent Sales Tax $17,186,556 6.9% $1,194,099 Total- Capital Project Funds: $17,186,556 $9,994,099 Enterprise Funds: 418 Golf Course $0 n/a $0 441 County Building Department 0 n/a 0 471 Utilities 0 n/a 0 472 Utilities-Impact Fee 0 n/a 0 Total-Enterprise Funds: $0 $0 Internal Service Funds: 501 Fleet Management $0 n/a $0 502 Self-Insurance 0 n/a 0 504 Employee Health Insurance 0 n/a 0 505 GIS/Information Technology 0 n/a 0 Total-Internal Service Funds: $0 $0 Total-All Funds: $952,749327 7.2% $11,013,548 Notes. This analysis utilizes the fiscal year 2013/14 budgeted expenditures to estimate the portion of total expenditures for the Gifford area. Where possible, appropriate metrics representing the usage of a service (e.g, percentage of calls for service, hoardings and alightings, etc.) were used in allocating expenditures to Gifford. Otherwise, the population of the Gifford area as a percentage of the relevant service area (countywide, unincorporated area,etc.)based upon the 2010 census were used. lnterfund transfers and charges(e.g. G&A charge, Insurance premiums,fleet charges, etc.)have been deducted from the total budget to avoid"double counting" these expenses. Likewise, Enterprise Fund expenses have been deducted from the total budget. These funds charge user fees to cover expenses and are not supported by the taxing funds. Since the focus of this analysis is on the expenditure of tax dollars, the Enterprise Fund expenses should not be Included In the totals. This worksheet shows the total amount by fund. Additional detail within each fund Is included In a separate detailed worksheet. F:\Budget\)asoo\MISC\Gifford Percentage of Tota!Budget Analysis tAutQS�Jed'j f` 2/27/2014 115 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: Jacque Warrior ADDRESS: 4190 East 16`h Square,Vero Beach,FI 32967 PHONE: 772 559-7405 SUBJECT MATTER FOR DISCUSSION: Governor Scott's Race Based Educational Goals IS A PRESENTATION PLANNED? a YES a NO IS BACK-UP BEING PROVIDED a YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Oppose Legislation that lowers expectations for certain students REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: , J Interactive Web Form COUNTY ADMINISTRATIt E-Mail / Joseph A.Baird Fax Mail MEETING DATE: Hand Delivered Phone Documrnt2 Board approved 11/7106 ner. 116 TELL GOVERNOR i ! HALTFLORIDNSEDUCATION POLIC)l ! r you knowthat rrida policy tells students that the colorof and r r r work, determine their • • demic success? • f '1 Si> 4•, i FACTS ABOUT THE POLICY • Ensures black and Latino children will have lower reading and math skills than white children. __� • Lowered expectations will lead to lowered results. �' • Violates the Civil Rights Act. ( o,�.'cl-1101-Scottclski,-Igf( ; egtlal go,�is sol-all)--,tibli:` 1, , � r . � S P LC 0o stuat:r is 1,,ie iiiil . �, Southern Poverty Se17L1 L7C[i"Efitl ti"r'ri %Ile I`igli Law Center 1I 1 es Sage 0boitt c d t1,c0t(;1it! ., LEARN MORE www.splcenter.org/FLeducation 117 CONSENT INDIAN RIVER COUNTY, FLORIDA EMER mM March 11, MEMORANDUM Agenda Item II •A . TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Direc Christopher J. Kafer,Jr., P.E., County Engine Michael D. Nixon, P.E., Roadway ProductionPanaagger FROM: Etienne B. Bourgeois, P.E., Project Engineer,% '� -D SUBJECT: Award of Bid No: 2014026 Indian River County Public Shooting Range Improvements to Skeet &Trap Facility Phase 1 IRC Project No. 1213 DATE: March 7, 2014 DESCRIPTION AND CONDITIONS The proposed improvements to Phase 1 of the Indian River County Public Shooting Range include mulching of the sporting clays trails, construction of a new concrete wall and minor regrading to create a small action pistol range, repairs to 2 rifle range baffles, placement of fill material to create a large action pistol range with 20'tall berms, and stormwater management improvements. The bid included two (2) alternate bids. Alternate Bid #1 entertains an alternate unit price for County owned embankment material stockpiled at the County Fairgrounds, should the County haul the material to the site. Alternate Bid #2 removes the large action pistol range, its associated stormwater management improvements,and the majority of the mulching from the construction. Alternate Bid #2 was added to the Request for Bids due to agency approval constraints stemming from the impacts to wetlands caused by the large action pistol range footprint.The Shooting Industry Masters event organizers have confirmed that the construction of the Alternate Bid #2 items will satisfy the requirements of the event. Construction of the items in Alternate Bid #2 will be completed in time-to host the Shooting Industry Masters event and will allow Indian River County to quickly transition into construction of Phase 2, including the Skeet & Trap buildings and fields, following the event with the remaining funds allocated to this project. I11.�t - I. F:\Public Worksv ENG IN EER ING DIVISION PROJECTS,1213 IRC Shooting RangeSkeet&Trap Improvemnts&Hunters Crain BldglAdmimwagenda itemsBC'C Agenda Award of Bid 03-11-14 doc PAGE 2 Indian River County Public Shooting Range—Award of Bid Etienne B. Bourgeois, P.E., Project Engineer March 11, 2014 Agenda Item The bid opening was held on March 7, 2014. Nine (9) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Contractor Location Base Bid Alternate Alternate Bid Bid#1 #2 Dickerson Florida Fort Pierce, FL $763,249.35 $5,250.00 $168,720.00 Summit Construction Vero Beach, FL $802,112.79 $14,700.00 $139,966.26 Construction Management Vero Beach, FL $950,856.89* $15,438.50 $175,654.04* of Florida Sunshine Land Design Stuart, FL $967,721.98 $8,050.00 $149,620.53 Close Construction Okeechobee, FL $872,520.40 $21,000.00 $155,250.00 D.J. Haycook New Smyrna, FL DQ DQ DQ Ag-scape Services Vero Beach, FL $640,311.67 $10,465.00 $1001119.00 Jobear Contracting Palm Bay, FL $723,509.06 $10,360.00 $150,130.50 Timothy Rose Contracting Vero Beach, FL $692,116.43 $4,375.00 $146,806.00 *Due to mathematical errors,values in the bid tabulation are different from those shown on the submitted bid form. Ag-Scape Services is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling$100,119.00 for Alternate Bid#2. Ag-Scape Services has completed various construction projects for the County and has consistently performed work in a satisfactory manner. FUNDING Funding in the amount of $86,231.00 is budgeted and available from Impact Fees/Parks/Sporting Clays Course-Skeet Trap, Account#10321072-066510-12001. Under the County's code, all funds collected from public impact fees shall be used for the purpose of capital improvements to public facilities under the jurisdiction of the County and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the County. The proposed improvements are a component of the overall Shooting Range Master Plan. Funding in the amount of $13,888 from MSTU Fund/Shooting Range /Contractual Services. Account No. 00416172-0033490 to be authorized by budget amendment from reserves for contingency fund. C?.UsersJasonh\Desktop\BCC Agenda Award of Bid 03-11-14.doc PAGE 3 Indian River County Public Shooting Range—Award of Bid Etienne B. Bourgeois, P.E., Project Engineer March 11, 2014 Agenda Item RECOMMENDATION Staff recommends that the project be awarded to Ag-Scape Services for the construction included in Alternate Bid #2 in the amount of $100,119.00 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS 1. Sample Agreement DISTRIBUTION 1. Michael C. Zito, Esq., Assistant County Administrator 2. Ag-Scape Services Indian River county App -W Date APPROVED AGENDA ITEM Administration s� FOR March 11, 2014 Budget Legal B ^r Public Works Engineering Recreation Purchasing w. 7. A •3. E:\Public Works ENGINEERING DIVISION PROJE(`I'S\121 I-IRCShooting Range-Skeet&Trap Improvemnts&Hunters Train Bldg'Admim'agenda items,B('(' Agenda Award of Bid 03-11-14 doc SECTION 00520 -Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1 -WORK.................................................................................................................................2 ARTICLE 2 THE PROJECT..................................................................................................................2 ARTICLE3—ENGINEER..................................................................................... ................................2 ARTICLE 4-CONTRACT TIMES..................................................................................... ...............2 ARTICLE 5-CONTRACT PRICE..................................................................... . ...............3 ARTICLE 6-PAYMENT PROCEDURES...............................................................................................3 ARTICLE 7-INDEMNIFICATION........................................................................................................5 ARTICLE 8-CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9-CONTRACT DOCUMENTS.............................................................................................6 ARTICLE 10-MISCELLANEOUS.........................................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] A.q 00520-Agreement(Public Works)SAMPLE 00520-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improverrints&Hunters Train Bldg\Admimlagenda items\00520-Agreement (Public Works)SAMPLE.doc SECTION 00520 -Agreement(Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project involves all work necessary to construct improvement to the Indian River County Shooting Range as depicted in the construction,drawings prepared by Donadio & Associates, Architects, P.A.'The improvements"include but are not limited to, clearing & grubbing, filling, mulching, andsodding, construction of earthen berms, a concrete wall, and a raised/dry pathway for the specific purpose of developing two new action pistol ranges and a sporting clay shooting trail. Work on this project must comply with all local, state, and federal regulating agency criteria and permits. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase 1) County Project Number: 1213 Bid Number: 2014026 Project Address: 10455 102nd Terrace, Sebastian, Florida ARTICLE 3— ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520-Agreement(Public Works)SAMPLE 00520-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts 8 Hunters Train Bldg\Admim\agenda items\00520-Agreement (Public Works)SAMPLE.doc A. The Work will be substantially completed on or before the 60th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 7e day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work isY�not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated-damages will commence for this portion of work. The parties also recognize the delays, exp ense, and difficulties involved_in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not-xompleted on time. Accordingly, instead of requiring -any such proof, OWNER and,t-bNTRACTOR agree that as liquidated damages forwdelay (but-:not as a penalty), CONTRACTOR shall pay OWNER $1,148.00 for each calendar day�that expires after`-the time specified in paragraph 4.02 for Substantial Completion_until the Work is"substantially complete. After Substantial Completion, if CONTRACTOR shaB'a neglect, refuse, or fail to complete the remaining Work within the Contract-Time or--any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER$1,148.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount- in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. P( 7.A • ' 00520-Agreement(Public Works)SAMPLE 00520-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train Bldg\Admim\agenda items\00520-Agreement (Public Works)SAMPLE.doc A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in ••- accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to_one half (1/2) of the retainage held by the County as OWNER, �.. and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are:the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of "a,claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or_materials-supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(s)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the 00520-Agreement(Public Works)SAMPLE 00520-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train Bldg\Ndmim\agenda items\00520-Agreement (Public Works)SAMPLE doe CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to.-the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding` ents. B. CONTRACTOR has visited the Site"and become familiar with and�ls=satisfied as to the general, local, and Site conditions that may affect=cost, progress;and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may,affect cost, progress; and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relatng.to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions ds .pr`oinded, in paragraph 4.02 of the General Conditions and (2) reports and drawings of a_Hazar"dous;.Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. - E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate:to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 00520-Agreement(Public Works)SAMPLE 00520-5 /17,4- 8 F:\Public WorkslENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train Bldg\Admim\agenda items\00520-Agreement (Public Works)SAMPLE.doc H. CONTRACTOR has corre4ated the information known to CONTRACTOR, information and observations obtained fnaarn visits to the Site, reports and drawings identified in the 14.. Contract Documents, anck all additional examinations, investigations, explorations, tests, studies, and data with the <,ontract Documents. I. CONTRACTOR has givem ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof bW ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents -are generally sufficientto indicate and convey understanding of all terms and conditions fiwr performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCtMENTS 9.01 Contents A. The Contract Documents,consist of the following j 1. This Agreement(pagem 00520-1 to00520 9-*usivli 2. Notice to Proceed (pane 00550-1) 3. Public Construction Bernd (pages 00610-1 tam 10-3, inclusive); 4. Sample Certificate of c +ability Insurance(pagetC>20-1)' �... 5. Contractor's Applicatkrafor Payment(pages M6 to 00622-6 inclusive); 6. General Conditions (pies 00700-1 to 0070042, inclusive); 7. Supplementary Condit inns (pages 00800-1 toD0800-11, inclusive); 8. Specifications as listeW 9"t",Division 1 (General Requirements) and Division 2(Technical Provisions. 9. Drawings consisting cat a cover sheet and sheets numbered A0.10 through A6.11, inclusive, with each deet bearing the following general title: Skeet and Trap Facility Improvements; 10. Addenda (numbers to , inclusive); 11. Appendices to this Agement (enumerated as follows): Appendix A—Permits 12. CONTRACTOR'S BID, (pages 00310-1 to 00310-6, inclusive) 13. Bid Bond (page 0040-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), Liis of Subcontractors (page 00458-1 inclusive). 14. Sworn Statement Ur>dr Section 105.08, Indian River County Code, on Disclosure of Relationships (pages x' 3452-1 to 00452-2, indusive) 00520-Agreement(Public Works)SAMPLE 00520-6 J,-7.A. q IF\Public Works\ENGINEERING DIVISION PROJECTSN2'3-4te Shooting Range-Skeet&Trap Impmnnts 8 Hunhws Train BldgWdmim\agenda items\00520-Agreement (Public Works)SAMPLE.doc 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive) 16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17. Contractor's Final Certificate of the Work (page 00632---1.to_00`632- 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the'4General Conditions. 10.02 Assignment of Contract .e. A. No assignment by a, party hereto"bf any rights under or interests in the Contract will be binding on another--',oarty,hereto v r�ut the written'-consent of the party sought to be bound; and, specifically bffy. hout 111 itation, moneys that may become due and moneys that are due may not-bei=asstgned wrthout such consent (except to the extent that the effect of this restrictionmay be Yir�trted=by law), and unless specifically stated to the contrary in-arty=written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns y - A. `OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract 00520-7 /17. /`t 00520-Agreement(Public Works)SAMPLE p . !O, APublic Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts 8 Hunters Train Bldg\Admim\agenda items\00520-Agreement (Public Works)SAMPLE.doc shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southem District of Florida. �•- 10.06 Other Provisions NOTE TO USER 1. Insert other provisions here if applicable. [The remainder of this page was left blank intentionally] 00520-Agreement(Public Works)SAMPLE 00520-8 11-7,A , F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap knprovemnls&Hunters Train Bldg\Ndmim\agenda items\00520-Agreement (Public Works)SAMPLE.doc lPd WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of The Contract Documents have been signed or identified by OWNER and CONTRACTOR or on ttimar behalf. Tfiiis Agreement will be effective on _, 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, vAiich is the Effective Date of the AUpreement). COWNER: CONTRACTOR: MAN RIVER COUNTY - By: Peter D. O'Bryan, Chairman (Contractor) WE (CORPORATE=SEAL) Joseph A. Baird, County Administrator Attest' APPROVED AS TO FORM AND.... LEGAL ry SUFFICIENCY: Dylan Reingold, County Attorney AddWss#br giving notices: Je frey R. Smith, Clerk of Couit Ind Comptroller License No. A92est: (Where applicable) Deputy CIer1C (SEAL), - _ Agent for service of process: Designated Representative�_­- die: Christopher1_-Kafer, ,f-s, P.E. Designaited Representative: TM- e: County Engineer w Narrate: 1801 27th Street _ Title: o Beach, Florida 329% Address-- (T-72) 226-1221 Facsimile: (772) 778-9391 Phone. FacsiknNec (If CONTRACTOR is a corporation or a parir* shi#), attach evidence of authority to sign.) * * END OF SECTION; 3t�20-Agreement(Public Works)SAMPLE 00520-9 -7, A. t Fi ?-=Aic Works\ENGINEERING DIVISION PROJECTSX1213-IRC Shooting Range-Skeet&Trap Imprwermrt3[i;:+lnii -Frain Bldg\Admim\agenda i1ems=520•Agreement (P.::�Works)SAMPLE.doc COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY BUILDING DIVISION INTEROFFICE MEMORANDUM TO: ,JOSEPH A. BAIRD COUNTY ADMINISTRATOR DATE: FEBRUARY 13, 2014 SUBJECT: CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES LOCATED AT 4196 29""' AVENUE. 4460 33R1' AVENUE, AND 1865 38f11 LANE THROUGH: STAN BOLING, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT FROM: SCOTT P. MCADAM, MCP, CBO BUILDING OFFICIAL It is requested that the data herein presented be given formal consideration by the Board oi'County Commissioners at its regular meeting of March H., 2014. DESCRIPTION AND CONDITIONS: The structures listed in the attached condemnation list have been condemned and ordered repaired or removed by the Building Official. Said structures have been inspected by staff and are considered unsafe and detrimental to the health, safety, and welfare of the general public. As per county code requirements, the owners of the properties and others with an interest in the properties were issued notices to repair or remove the structures within 60 days, and advised of their right to appeal the condemnation order before the Indian River County Building Code Board of Adjustments and Appeals. In addition, condemnation cards were posted on the properties. The owners were also notified that the Board would consider a Resolution to demolish the buildings and impose liens, if they failed to demolish the structures or obtain permits to repair the structures. None of the owners have applied for repair permits, demolition permits. or appealed the decision of the Building Official. %fileserver2`QubliC'%COIII III U11itY DevelopinenC,BUILDINGIBCC Agendas'\03.1 1.14.doc 118 ANALYSIS: a The subject structures have been vacant for a considerable time. During that time, the buildings have continued to deteriorate and have been frequented by vandals and transients. Not only have the owners failed to maintain the structures in compliance with the Minimum Standard Codes, they have failed to bring the structures into compliance as required by posted notice. Since the owners have not filed an appeal to the condemnation order, the county may now proceed with demolition of the structures and with assessing a lien against the property for demolition and removal. Recent County demolition contracts have averaged $4.175 per structure. The County Attorney's Office has reviewed the title reports on these three parcels and found no encumbrances (i.e. mortgages, liens) other than code enforcement liens or tax certificates from unpaid taxes. FUNDING Funding in the amount of$12,525.00 (3 x $4,175) for the demolition and removal of the three (3) unsafe structures is available in the MSTU Fund/Reserve for Contingency. After demolition bids are received and a demolition contract is awarded, a budget amendment will need to be processed to move those funds to the MSTU/Road & Bridge/Other Contractual Services- Account # 00421441-033490. RECOMMENDATION Staff recommends that the Board of County Commissioner's declare the referenced structures unsafe and a nuisance and order the buildings demolished, with related debris removed from the property by a private vendor approved through standard bid procedures. Staff further recommends that the Board adopt the attached resolution authorizing the Building Official to report the county's demolition and debris removal cost for said structures to the County Attorney for the preparation and recording of a lien to be placed on the real property of the owners of the demolished unsafe structures for the purpose of recovering the County's demolition costs. Indian River APPROVED AGENDA ITEM: CD, Approved Admin. 3 ' BY: FOR: March 11, 2014 Budget Dept. �z�liy Risk N1gr. 1lfileserver2lpublic\Community Development`,BUILDIN&BCC Agendas103.1 1.14.doc 119 �- Attachments: I. Resolution 2. Condemnation List �. Pictures of Condemned Structures W... fIleserver2'ypublic'+ComIll Lin ity Development';aIIILDINGiBCC A,endas'+03.1 1.14.doc 120 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE DEMOLITION OF UNSAFE STRUCTURES AND THE RECOVERY OF COSTS. WHEREAS, Indian River County has adopted the Property Maintenance Code at Chapter 403, Indian River County Code; and WHEREAS, Section 403.08 of the Property Maintenance Code provides for the recovery of the costs of repairs to and/or demolitions of unsafe structures; and WHEREAS, Section 100.080 of the Indian River County Code provides that the Board of County Commissioners may cause, by resolution, a lien to be filed in the Official Record Books of the County against properties on which the county has incurred demolition costs; and .. WHEREAS, A notice of intent to adopt a lien resolution has been given to the proposed lienee(s), NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the unsafe structures on the properties described on the attached Condemnation List be demolished; and that any costs incurred by County government as a result of such demolition undertaken at the direction of the Board of County Commissioners shall be recovered from the property upon which each unsafe structure is located, as identified in the attached Condemnation List. The costs of such demolition shall be reported to the Building Director who shall notify the County Attorney's Office to prepare lien(s) for the recovery of those costs, �., ATTArHMFNT 1 \\filese.rver2\public\Community DevelopmentWILDINGWC Agendas\03.1 1.14.doc 121 RESOLUTION NO. 2014- to be placed upon the real property of the unsafe structures as listed in the attached Condemnation List, any such liens bearing interest at the rate established by the Board of County Commissioners for the calendar year in which the lien is recorded, such interest to commence accruing from the date the lien is recorded in the Public Records of Indian River County, Florida, until such time as the lien, including interest, is paid. The foregoing resolution was offered by Commissioner and seconded by Commissioner and upon being put to a vote, the vote was as follows: Peter D. O'Bryan, Chairman Wesley S. Davis, Vice-Chairman Joseph E. Flescher, Commissioner Bob Solari, Commissioner Tim Zorc, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 11th day of March, 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk By Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 14 By&/ J1 _ William K. DeBraal Deputy County Attorney \\fi1eserver2\public\Community Development\BUILDING\BCC Agendas\0.3.1 1.14.doc 122 CONDEMNATION LIST: 1. Owner: Daisy Mae Holmes, Elijah Cannon, Jr. & Joe Nathan Bullock Property: 4196 29th Avenue Tax ID#: 32-39-27-00006-0000-00005.0 Legal Desc.: Lot 5, Jackson's Subdivision, according to the Plat thereof, as recorded in Plat Book 2, at Page 54, of the Public Records of Indian River County, Florida. 2. Owner: Julia Mae Brown Property: 4460 33,d Avenue Tax ID#: 32-39-27-00000-1000-00006.0 Legal Desc.: Commencing at the Northeast corner of the Northwest Quarter of the Northeast Quarter Section 27, Township 32 South, Range 39 East, and run South on the East boundary line of said Northwest Quarter .r. of the Northeast Quarter 70 yards, thence run West on a line parallel to the North line of said Northwest Quarter of Northeast Quarter 70 yards to the point of beginning, thence run West 70 yards, then run South 70 yards, thence run East 70 yards, thence run North 70 yards to the point of beginning, containing one acre, more or less. 3. Owner: Mattie Nichols Property: 1865 381h Lane Tax ID#: 32-39-26-00010-0050-00066.0 Legal Desc.: Lot 66, Block 5, W.E. Geoffrey's Subdivision, according to the Plat thereof, as recorded in Plat Book 2, at Page 32, of the Public Records of St. Lucie County, Florida. Said lands now lying and being in Indian River County, Florida. 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A . 2 4196 29TH AVE �f ry 5 419629TH AVE 6 � 3S•l4.3 4196 29TH AVE 03/07/2014 7 419629TH AVE 03/07/2014 w s 4 419629TH AVE 03/07/2014 ��. . . :.��{ . .. . .. ... , 419629TH AVE 03/07/2014 0 !3S A, 5 4196 29 AVE MINIM., u 419629TH AVE 03/07/2014 N�. ahn 12 13s.A.6 3/24/2014 41962 9TH AVE 03/07/2014 R ij 13 419629TH AVE 03/07/2014 MN�eik4 �II�II'll 14 t A. 7 3/24/2014 419629TH AVE 03/07/2014 s 419629TH AVE 03/07/2014 a | \3.x . 8 3/24/2014 9446033,dAvenue 17 446033 RD AVE 03/07/2014 RE /- ro 18 9 3/24/2014 446033 RD AVE 03/07/2014 19 446033 RD AVE 03/07/2014 zo 1'�5•/�•10 3/24/2014 446033 RD AVE tl 3-y r d� 21 446033 RDAVE .s 3 �.v 22 13S'A 11 3/24/2014 446033 RD AVE a /r i e ;ai+r 23 4460 33RD AVE k. �/ EI b3 �� S •. 24 �3S.A. 12 3/24/2014 446033 RD AVE 03/07/2014 i G ray„- 25 446033 RD AVE 03/07/2014 IT / 26 / 35• A• 13 3/24/2014 446033 RD AVE 03/07/2014 w ƒ© \ � \ _ 446033 RD AVE 03/07/2014 s 135- A . 1 3/24/2014 446033 RD AVE 03/07/2014 a 9186538th 186538th Lane e 15S.A. 15 3/24/2014 186538 TH LAN E r 3, I p� ,. ��rl« 31 186538TH LAN E 03/07/2014 r wl� a InoViiYVil� I � �p 32 16 3/24/2014 186538 TH LANE iLq q 0 k x€� 33 186538 TH LAN E 1 &� 1.. b sf m J. ' EA 34 X35 A .17 3/24/2014 186538 TH LANE 03/07/2014 rai 35 186538 TH LAN E 03/07/2014 36 3s-q• 18 3/24/2014 186538 TH LANE 03/07/2014 37 13.'5'•Q.19 COMNILINITY DEVELOPINIENT INDIAN RIVER COUNTY,FLORIDA INTER-OFFICE MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: c Stan Boling,AICP Community Development Director 0_1' FROM: Roland M. DeBlois,AICP Chief, Environmental Planning &Code Enforcement DATE: March 3,2014 RE: Board Consideration of St. Christopher Harbor Homeowners Association's Request that the County apply for a Florida Inland Navigation District Cost-Share Grant and Fund a Cost-Share Match for Channel Restoration at Head Island(a.k.a.the Green Salt Marsh LAAC Site) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 11, 2014. DESCRIPTION AND CONDITIONS Head Island, also known as the Green Salt Marsh Conservation Area or Moorings South Impoundment, is located along the east shore of the Indian River Lagoon, west of St. Christopher Harbor Subdivision(see location map,Attachment 1 to this report). Historically, Head Island was a "stand-alone" marsh island separated from the barrier island by a narrow channel (see Attachment 2, 1943 aerial). In the mid 1950s, however, in conjunction with development of St. Christopher Harbor Subdivision, that channel was filled in and connection of Head Island to the barrier island was established(see Attachment 2, 1957 aerial). In 1996, the owners of Head Island (Susan Green, et al), donated the +16 acre island to the County for conservation under the County's environmental lands program. On June 15, 2010, the Board of County Commissioners conceptually approved a proposal by Mr. Peter Tyson, on behalf of the St. Christopher Harbor Homeowner's Association (HOA), to restore the channel between Head Island and the barrier island. The main purpose of the proposal was to restore the area to a natural condition and provide navigable passage to the north for boaters from St. Christopher Harbor (and from other nearby waterfront homes), which would result in less boater impact to lagoon resources in the area and improve water circulation (see minutes, Attachment 3). At that time, the Board 1 136 conceptually approved the project with the understanding that it would be privately funded by the St. Christopher Harbor HOA at no cost to the County. Since 2010, the HOA has proceeded to obtain permits from the Florida Department of Environmental Protection (FDEP) and from the U.S. Army Corps of Engineers (USAGE) to conduct the work. In hiring consultants and obtaining the jurisdictional permits, the HOA expended approximately$38,000 in private funds. Not including the cost of obtaining the permits, the HOA estimates the cost for engineering oversight and construction of the project to be approximately $143,000 (see HOA summary of costs, Attachment 5). As permitted, the project consists of: - removing 0.1 acre of fill (the manmade land bridge to Head Island) with proper siltation control and disposal of removed material; - installing navigation and manatee protection signage; - breaching Head Island mosquito control dikes at two locations to improve tidal flushing; and - removing nuisance exotic vegetation along the Head Island mosquito control dike. This past year, St. Christopher Harbor HOA representatives approached county staff to see if the County would consider applying for a 2014-cycle grant from the Florida Inland Navigation District (FIND) to partially fund construction of the channel restoration project. Initially, the HOA indicated it would look to raise funds and provide a cost-share match for the FIND grant. More recently, however, the HOA advised staff it does not have sufficient funds to provide a 50% match that is required by FIND (i.e., +_$71,500), and the HOA is now requesting that the County consider applying for the FIND grant and providing matching funds for the project. To that end, this matter is now being presented to the Board of County Commissioners for the Board to consider the St. Christopher Harbor HOA's request that the County apply for a FIND grant and provide matching funds for construction of the channel restoration project. ANALYSIS Generally, dredging of new channels in the Indian River Lagoon is discouraged by jurisdictional agencies due to negative environmental impacts associated with such dredging. In this case, however, the proposal is to restore a natural channel that existed +60 years ago prior to man-made alterations. In issuing permits for the project, the FDEP and USACE determined that the channel restoration will result in an overall net benefit to area boaters and to lagoon resources by directing boat traffic away from seagrass flats and into established channels associated with the Moorings development north of St. Christopher Harbor. Although the proposed channel restoration would improve navigational passage primarily for residents of St. Christopher Harbor, the project would result in general public benefits relating to boater navigation, seagrass protection and water circulation in the Indian River Lagoon. Moreover, Head Island and the connection to St. Christopher Harbor that is to be removed for channel restoration is part of the County's conservation ownership, such that the project will improve County conservation land resources. For those reasons, it would be appropriate for the County to consider the Head Island channel restoration project as having overall public benefits warranting expenditure of public funds. From the standpoint of the St. Christopher Harbor HOA benefiting from the project more so than the general public, the HOA has expended to date approximately$38,000 in engineering design, environmental assessment and permitting fees for the project. 2 137 Costs The following table provides a breakdown of estimated cost by project elements: Head Island Channel Restoration FIND Waterways Assistance Program Pro'ect Project Elements Estimated FIND Cost(50%) County Cost(50%) St. Christopher Cost Harbor HOA Environ. assessment, project $38,000 N/A N/A $38,000 design and permitting Barge mobilization and project $125,000 $62,500 $62,500 N/A construction Project management, $18,000 $9,000 $9,000 N/A engineering oversight and contingencies TOTAL $181 000 $71,500 $71,500 $38 000 Funding Since the proposed project would result in boating improvements, the County's Florida Boating Improvement Fund would be appropriate to use as the County's funding source for the estimated $71,500 cost-share match required for the FIND grant application. According to the County Budget Office, there are sufficient reserves in that fund to use as a county match. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize staff to apply for a Florida Inland Navigation District Waterways Assistance Program grant for the Head Island channel restoration project and authorize expenditure of an estimated $71,500 in Florida Boating Improvement Fund reserves as County match for the project. ATTACHMENTS 1. Location map. 2. Pre-fill and post-fill aerials of the site. 3. BCC minutes 6/15/10. 4. Jurisdictional permit site plan drawings of the project. 5. St. Christopher Harbor HOA summary of expenditures and estimated project cost. I.R.County AppMyed Date APPROVED: Admin. Legal l FOR: March 11,2014 Bud et Dc t. ' Risk Mgr. BY: MAL C\Grcen Salt Marsh\bead Cove restorationVicad Cove FMD grant app staff report for BCC 4-11-14.doc 3 138 _ r. torr trn{•nXPar4e l� - I - �. �n,: I e.�'� r I � �y 47fiS((CITRUS e _ S, 18 �' t'+ ec Ger lens ' Cu reA. cS'/ I SPA ?� _ 1�N. ? a I' i ' ." ` Lf tdc Smrrar;,m, AIA Core 1 v S N 11• r ! � �_ Je^n d -- "-- - ------ 't"'=f uy.• ti 1Q..- ` ^e.t,.�? i/' pcnRo;se PC PorPoiae Bay shell l 4TH ST"S: SLO R 25 29.1 ,Yrr l� V.tY , j .• �'� � Sl:ir.a;iCn�.e v` _ ., t ,tit" N _ !z •rrx p Head Island,a.k.a. Green Salt Marsh C.A. 171 JJ \t a1 r.« 3RD STS��11 YV - � �. ,�',i .f. � ' hound� I'��-+•'� Ip ••' ,�; 1NDIAI, RIYEA _._. INFORMATIONAL MAP-NOT A SURVEY Location Map ATTAC14MENT � e The information on this map is taken from reliable sources. However,its accuracy is not guaranleea. N W ti r y� 1 L i The MOC—gs �1 Boat Ch.nm-1 ♦ $�'�` %l RTH PASSAGE ou R 'i" R • AREA OF FILL 4nPovntlment Breach JL I 1P.1 Y W- r , WEST Y:554GE J v Y /L b��P - •+A. . otEr '$ Location Map August 20, 2009 ENVIRONMENTAL ANC GIS CONSULTING 206 Aerial Figure No. 3 A O • .xAl Ak x. •4 L �a r! S. • . • ' 1 / 1 • 1 I r tF: ` r 1 • ' i ! • dh , BCC minutes excerpt June 15, 2010 The Chairman CALLED THE QUESTION, and th Amended Motion carried. The Board unanimously: (1) approved the Settlement Agreement with Grov Isle of Vero Beach Condominium Association, In ., and River Shores; (2) deleted Grove Isle's sit plan approval condition requiring maintenance of nal navigability; (3) authorized the Chairman to exec a the document(Release from Covenant to Maint . to terminate and release Grove Isle's covenan o the County to maintain canal navigability; and 4) directed the County Attorney to attach a copy the Settlement Agreement between Grove Isle and iver Shores to the Release from Covenant to Mai ain, when the latter document is recorded in the ublic Records. AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.A.2. BOARD CONSIDERATION OF PETER TYSON'S REQUEST FOR CONCEPTUAL APPROVAL OF PROPOSED CHANNEL RESTORATION AT HEAD COVE/HEAD ISLAND(A.K.A. THE GREEN SAL T MARSH LAA C SITE) WEST OF ST. CHRISTOPHER HARBOR SUBDIVISION Chief of Environmental Planning and Code Enforcement Roland DeBlois used a PowerPoint Presentation(on file)to present description and conditions of Peter Tyson's proposal to restore the channel between Head Island and the Barrier Island to allow for passage to deep water from St. Christopher Harbor. He relayed that the County Conservation Lands Advisory Committee (CLAC) has reviewed the proposal, and along with staff, unanimously recommends conceptual approval, with the conditions outlined in staff's report (see page 169 of the backup). 17 ATTACHMENT 3 June 15, 2010 143 Peter Tyson, Island Drive, Vero Beach, representing the St. Christopher Harbor Homeowners' Association, confirmed the need for the channel and responded to questions from Vice Chairman Solari regarding what agencies would be overseeing the environmental aspects of the channel restoration. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Wheeler, the Board unanimously approved the proposed channel restoration project at Head Island (a.k.a. the Green Salt Marsh LAAC Site) west of St. Christopher Harbor Subdivision, contingent upon approval from jurisdictional permitting agencies, proper removal and disposal of dredged materials, and installation of appropriate navigation and manatee protection signage, as recommended in the memorandum of June 4, 2010. 12.A.3. REQUEST TO ENTER INTO A COUNTY INCENTIVE GRANT PRO AM AGREEMENT WITH THE FLORIDA DEPARTMENT OFT SPORTATION AND A REVISED INTERLOCAL AGREEMENT WTHE CITY OF VERO BEACH FOR IMPROVEMENTS TO AVI ON BOULEVARD Staff Director of the Metropolitan Pla ng Organization (MPO) Phillip Matson used a PowerPoint Presentation(on file)to ide description and conditions on the Aviation Boulevard Project, which is el' . le for funding through FDOT's Intermodal Projects Program. He thereafter presented ffs recommendation: (1) to re-enter into a County Incentive Grant Program Agreeee t with the Florida Department of Transportation (FDOT) for partial funding of the Ami tion Boulevard improvements; and (2)to approve the updated Interlocal Agreement '"'t'he City of Vero Beach for completion of the Aviation Boulevard design and construction. 18 June 15, 2010 144 Up of Meng— U S.Army Corps OiEngineers Appl.#.S9r.V-Z-0 019 Z3 Date Drawing# .,;P _of 13_ Initials lAf-4,,% New ChnmiM CL m.nv—Vc..d-Corer Edea of M-2— Head Island Mitigation Site NoA 1096 Atm htsltla ife herm5 New Channel Location ....... . .. .... ANd� . ............................:..:..:.... ............. ......... .. ... .................... .......... . .... .. ....................... N�Breech Lawib� ... ................. 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NEW BREACH AREAS EXISTING BREACH AREAS NEW CHANNEL AREA Edged Merolrpres m ewESTmA A-1 ST.CHRISTOPHER HARBOR HOA pig Dphl"PH.M., HEADISLANbPROJECT MffIQATION PLAN PERMITTING APPLICATION E"m LLC pEXVERO BE VERSION 1-2 FILE NO.31-30683"01 FIGURE NO.13 4.-- ANY ZAMORA P.E.011T= PT WAY40"n,01110A OAX AMORA & ASSOCIATES; INC, DOWNIMMOLAND PLANNIND 11410 N KENIIAU BRIW WA'E 302 ARAIA FIANDA WM I-A 273-7W FAX(305)773-OM4 4PA, th Edge of Mangroves New Channel CL Berms with Mangrove Vegetation Cover Berm Berms with Mangrove Vegetation New Channel Location Cover O.loacres MANGROVE VEGETATION New Breach Location No,2 0.03 ACRES MANGROVE VEGETATION 4. LEGEND Edge of Mangroves BERM AREAS D MITIGATION AREA NEW BREACH AREAS ® EXISTING BREACH AREAS ® NEW CHANNEL AREA SHEET TIRE A_' ST.CHRISTOPHER HARBOR HOA SITE PLAN Philip Hanley DATE:oi.2soi HEAD ISLAND PROJECT PERMITTING APPLICATION !S Po se.�o RGIISSLLLC�T DETAIL A FILE NO.31-306838-001 RED", VERO BEACH FL VERSION 1.2 Fh X361.54"1" FIGURE NO.14 SCALE:1-50 GIMNe Oee�r yMXe MermelMn tr.»n.PerNaeni 01lP GAMkeNon Munger;B2U1 JERRY ZAMORA P.E. CIVIL ENGINEER P.E. No. 44207 E.B. 0006791 U.S.Arm Co S STATE OF FLORIDA I nW r Y IP r���r� of Engineers ZAMO APpL# -54, -ZoIt- !! 9 & A OCIATES, INC. DateENGINEERI G LAND PLANNINDrawing#�of Q Initials11410 N. KENDALL DRI SUITE 3D2 MIAMI,(305)273-7501 A C1 Berms with Mangrove Vegetation f Cover e orM an6'ro�e N s Ch New Channel Location an�P� 0.10 Acres MANGROVE VEGETATION �5 OVeS � Ed a vt Man 3.0 Berms with Mangrove Vegetation Cover LEGEND New Breach Location No.2 BERM AREAS 0.03 ACRES MITIGATION AREA MANGROVE VEGETATION NEW BREACH AREAS ® EXISTING BREACH AREAS NEW CHANNEL AREA SHEET TITLE SITE PLANPhilip Hanley A-' ST.CHRISTOPHER HARBOR HOA DETAIL B PERMITTING APPLICATION is ERQIS LLC DATE:01.25-01 HEAD ISLAND PROJECT FILE NO.31-306838-001 Po Sm 1072 Cl—we.OK 7401S REV: NEW BREACH NO. &2 Ptienec ael saa9ese RE,,, VERO BEACH FL FIG VERSION 1.2 URE NO. �.„„bae..�.Phk�,, SCALE 1--30' OnP C.Nf1a.X.n q.m6.r:�a1Af .ERRY ZAMORA P.I— CIVIL ENGINEER P.E. N0. 791 STATE OF FLORIDA DATE: 1 r r U.S.Army Corps r II r of Engineers &A AOSOC►AYES, INC. Appl.# S[\,7- Zn - d{92� Date (�/6g//Z i ENGiNEERIN LAND P Drawing#�of L3. Initials ,1 11410 N. KENDALL DRIVE S MIAMI, FLORIDA 33178 (305) 273-7801 FAX (305) 273-9514 1 Existing Breach Location 0.02 ACRES MANGROVE VEGETATION Berms with 30� Mangrove Vegetation Cover Q' CD 0� LEGEND BERM AREAS O` MITIGATION AREA 0 N NEW BREACH AREAS ® EXISTING BREACH AREAS NEW CHANNEL AREA SHEET TITLE ST.CHRISTOPHER HARBOR HOA SITE PLAN91s Philip Henley DATE 01-25-OIC HEAD ISLAND PROJECT DETAIL C PERMITTING APPLICATION ERGIS LLC REV' VERO BEACH FL EXITING BREACH FILE NO.31-306838-001 POe••10T2 Cla—,OKr4ole Of V: FIGURE NO.16 �•+•2slasswess scrLLE:itiaa VERSION 1.2 o.wKba ,,.,.m.. ...,,,, oisv anKi„�b„n.mw�sues JERRY ZAMORA P.E. CIVIL ENGINEER P.E. No. 44207 SATEOOOF7FLORIDA ;oD U.S.Army Corps Z AMORof Engineers & ASS Appl.# SST- Zd I)ENGINEERING nflYe11410 N. KE) ALL DRIVE6 D[aWing S of J Initials (305) 273-7801 A GC EAR.a M-ge.v.s :.4.r Naw aainnN CL .,`•;:t, ..rA B—w h gar Meng.ove VegelsO.n Ca«r E.ge.t Man(nms `a i!. ..r5. New Ch—I Lo bn M.- raAOPE xlxunon Berms whb Nmr 5—N L-. Mangrove V.&NAbn Cover & N.,2 O.D3 ACRES .,:a, MANGROVE VEGETATION E,Nari2 Or L.e2Oon 0.02 ACRES MANGROVE VEGETATION Head Island Man DB Ve"I grove VlN1elAtlnn Cann 1 12.68 Ades TaAlAea + EngA d m-g— C, 2.33 Aa«N Burma ' 10.35 A.—IW.Berms Mangrove Swamp NM Breed,i—.Io LEGEND N'1 0.03 ACRES AUNGNOVE VEGETATpN ® BEgM AREAE Ben-vnln ANTIOAnOH AREA t Wove wtlebHon ? NEM BREACH AREAS EltlBT[NO BREACH AgEAB NEW CNANNEL AREA EAge.I Ma ff— sacr nrre ST.CHRISTOPHER HARBOR HOA PERMITTING APPLICATION �RARIPH.Msg wTeoue.o HEAD ISLAND PROJECT SITE PLAN OVERALL Lwau tte "fl VERSION 1.2 FILE N0.31.308838-001 •«we" VERO BEACH FL seun,y3m FIGURE NO.12 a.« . .w u....M_....,,. or ow.e.r�.._a,ee .EMV ZAMORA►- E,BL,pNpOp70� 'i /�I U.S.Army CorpsZAM A of EngineersdE SOCIATES, INC. Appl.#947- 2 011 ' O ) 9 Z 3 I ORNE SUITE 30�OwwK{{pAIpAB Date)SOI ►A2(MIS)273-06 4 Drawing#__fo of-L3_ initials MAAA, Berm New Channel Locatlon fo5eot�ya 0.10 Acres 70yes :1e` 718 Nei ti ch n yea o. yea 'r �o• o° 5` Ed a o1 Men roves New Breach Location LEGEND Benn BERM AREAS MITIGATION AREA NEW BREACH AREAS EXISTING BREACH AREAS NEW CHANNEL AREA SHEET nrle CS ST.CHRISTOPHER HARBOR HOA SITE PLAN PERMITTING APPLICATION IS PhilipHanley ERGIS LLC onTE:02-13.11 HEAD ISLAND PROJECT STATION CROSS SECTIONS FILE NO.31-306838-001wr PO a- 1 Cl--,091401! REV. VERO BEACH FL VERSION 1.2 FIGURE NO.20 P�...,aoisseaoP Rev: e.Mnw o..o.Pnro I.1...w1..er•1•m•Prefenbm BGLE:i-100 eHP caona.e..hw.n..#mq JERRY ZAMORA P.E. CIVIL ENGINEER P.E. No. 44207 E.B. 0006791 *.,. STATE OF FLORIDA D ��' �•zU.S.Army Corps L'.oT-,' of Engineers Z AMORA ADPI.# Saar-zo it - v19 23 & ASSO(IATES, INC. Date jr v //z ENGINEERINGLAND PLANNING Drawing# 7 of I2 Initials /ZAK11410 N. KENDALL DRIVE SU02 MIAMI, DA 33176 (305) 273-7801 273-9514 O Existing Grade Level Channel CL DREDGE AREA BELOW MLLW 1.52 1.71' TOP OF BERM 2.25'NAVD 88 Annual High Title Line 1.13'NAVD 88 HW Line -0.58'NAVD 88 5.40' LLW line -1.39'NAVD 88 4 BOTTOM DEPTH -5.98'NAVD 88 -4.61'MLLW 2 °' 30.0' 20.0' LEGEND 70.0' M DREDGE AREA BELOW MLLW 4 SHEET TITLE � 1(— CUT BANK SLOPE RATIO CS-1 ST.CHRISTOPHER HARBOR HOA CHANNEL CROSS SECTIONAL PERMITTING APPLICATION Js PhilipManl�y_• DATE-02-12-03 HEAD ISLAND PROJECT STATION NO.1 ERGIS LLC Rm. VERO BEACH FL FILE N0.31-306838-001 �ee.1o,��.,.�.,..aK„�3. REV: VERSION 1.2 FIGURE N0.21 Ph—"1S4"618 SCALE 1'-10' b�tn.4 GM(rWft I0—W..ye...ProM1.dnn.1 615P Grd6.Mlsn W.~..67188 JERRY ZAMORA P.E. CIVIL ENGINEER P.E. No. 44207 E.B. 0006791 /b J'�• �( STATE OF FLORIDADATE: 711410N. A ORA & SSOCIATES, IN INEERI LANNING LL DRIVE SUITE 302 MIAMI, FLORIDA 33176 U.S.Army Corps (305) 273-7801 FAX (305) 273-9514 m of Engineers . A,] —201J a J9�3 Date 6 Drawing#--it-0f 3 Initials �j w.+ � i Existing Grade Level Channel CL DREDGE AREA BELOW MLLW 1.52 1.71' TOP OF BERM 2.25'NAVD 88 Annual High Tide Line 1.13'NAVD 88 5.40HW Line •0.58'NAVD 88 " LLW Line -1.39'NAVD 88 Ir- BOTTOM DEPTH -5.98'NAVD 88-4,61'MLLW 20.040 30.01 20.0' LEGEND 70.0' ® DREDGE AREA BELOW MLLW a SHEET TITLE CUT BANK SLOPE RATIO CS-1 ST.CHRISTOPHER HARBOR HOA CHANNEL CROSS SECTIONAL PERMITTING APPLICATION IS Philip Hanley DATE:02-12-01 HEAD ISLAND PROJECT STATION NO.2 � ERfl LLC REN FILE N0.31-308838-001 PO e..1872 CI.,.m...,OK 74019 REV: VERO BEACH FL VERSION 1.2 FIGURE NO.22 SCALE:i'=10' amnw 8.esr.phb ti,r°m.u."s,.am.pwmm"1 IN OIBP c-m"..O."N""b°C 82289 JERRY ZAMORA P,E, CIVIL ENGINEER P.E. No. 44207 ! STATEO91 OF7FLORIDA ATE: �arJ ? t Z AMOR & ASS CIATES, INC. ENGINEERING G U.S.Army Corps 11410 N. KENDALL DRIVE SUITE 302 MIAMI, FLORIDA 33176 of Engineers (305) 273-7801 FAX (305) 273-9514 Appl.#_S A LT- ZO l 1 -1119.23 Date /bg/i z Drawing#9,of Q initials 1-c,4 *A to k Existing Grade Level Channel CL DREDGE AREA BELOW MLLW 1.52 1.71' TOP OF BERM 2.25'NAVD 88 Annual High Tide Line 1.13'NAVD 88 5.40' HW Line -0.58'NAVD 88 d LLW Line -1.39'NAVD 88 1F 20 0' BOTTOM DEPTH -5.98'NAVD 88 -4.61'MLLW 30.0' 20.0' 70.0' LEGEND ® DREDGE AREA BELOW MLLW CUT BANK SLOPE RATIO �. SHEET TITLE CS-' ST.CHRISTOPHER HARBO]HOA CHANNEL CROSS SECTIONAL PhlllpHantey DATE:02.12-011 HEAD ISLAND PROJEPERMITTING APPLICATION 15 --I STATION NO.3 FILE NO.31306838-002 ERGIS LLC aEv. VERO BEACH FL Pae.=m=3 Cl.ramar,,aK,aa,e sc�E:1_1a VERSION 1.2 FIGURE NO.23 P —39144"S" aanlflad Gaopagda Information Byst r pwa j_f LISP CerGlhatba llumear.x2189 JERRY ZAMORA P.E. CIVIL ENGINEER P.E. N0. 44207 E.B. 0006791 ,1 1 STATE OF FLORIDA DATE: Z AM ORA & ASSO TES, I ENGINEERING LAND PLANNING 11410 N. KENDALL DRIVE SUITE 302 MIAMI, FLORIDA 33176 (305) 273-7801 FAX (305) 273-9514 ILS,Army Corps of Engineers � I Appl.#"> Date l 4 I Drawing /4-0_U1 Initials SCE w IRC St Christopher Harbor - Head Island Restoration Expenditures 2005-2012 ACOE& DEP PERMITTING EXPENSES ----------------------------------------------------------------- A. 12//12/05 ERIS Permitting Contract Estimat. $20,650 Chk# Date Payee Description HOA Pmts 1. 1057 7/31/04 ERIS Seagrass Survey $ 500 2. 1097 4/04/06 ERIS Deposit 6 200 A 12/12/2005 ERIS Deposit Paid (6,200) 3. 1112 11/12/06 ERIS Field Work, GIS 4,394 B 4. 1170 12/07/07 ERIS Travel, CAD/GIS Drawings 61500 B 10/23/06 ERIS Invoice (10,594) 5. 1211 12/07/09 ERIS itit 3,500 C 6. 1215 2/01/10 ERIS 1,097 C 7. 1217 3/01/10 ERIS 21500 C 8. 1222 4/11/10 ERIS 1,400 C 11/22/2009 ERIS Invoice (81597) 9. 1281 1/31/12 ERIS Final Payment(-$10FedEx) 5,990 D ERIS Invoice (6,000) ATTACHMENT �► 154 Permits:ACOE& FL DEP. HDA Total Pmnts. $325081 St Christopher Harbor- Head Island Restoration Other Expenditures Chk# Date Payee Description HOA Pmts 10. 1252 2/11/11 FL DEP DEP Permit $ 500 11. 1264 7/08/11 FL DEP ACOE Permit Applic. 210 12. 1268 8/22/11 S. Yoke Engineer Permit Review 670 13. 1286 3/07/12 Knight/McOuire ACOE Permitting 575 14. 1302 6/12/12 ri `I 21600 15. 1353 11/27/12 it Final Pmt ACOE Permit 1,137.50 HOA PAYMENTS: $ 5,,692.50* ERIS HOA PAYMENTS: 32,081.00* ST. CHRISTOPHER HARBOR/ HEAD ISLAND RESTORATION ACOE/DEP PERMIT EXPENDITURES TO DATE: $ 37,773.50* ------------------------------------------------------------- Final Phase: Dredging & Project Mgmnt Bids2012 SE Services of the TC w/Barge Transport (2012 bid- updating) $124,369.00 Project Manager, Engineering, Contingencies 18,000 2013 bid updating GRAND TOTAL Head Island Restoration Expenses $142,369.50 FIND`s WAP Grant Application 155 Regular Agenda item INDIAN RIVER COUNTY, FLORIDA r * ;' DEPARTMENT OF UTILITY SERVICES Date: March 03,2014 To: Joseph A. Baird,County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: West Wabasso Sewer and Drainage Improvements Phase 1—Impact Fee Refunds-UCP 4078 DESCRIPTIONS AND CONDITIONS: On July 19, 2011, the Board of County Commissioners (BCC), at an advertised public hearing, directed staff to apply for a $750,000 Community Development Block Grant (CDBG) in the Neighborhood Revitalization category to install a centralized sewer system within the West Wabasso Community. The Department of Economic Opportunity (DEO) executed the federally funded sub-grant agreement on February 14th, 2012. On October 16, 2012 the BCC awarded the bid to Mancil's Tractor Service, Inc. and a Notice to Proceed was issued to Mancil's to begin construction on January 7, 2013. The construction was completed July, 2013. The DEO conducted the monitoring visit on October 23, 2013. A total of forty three (43) households which included two (2) churches connected to the centralized sewer system which was less than the fifty three (53) hook-ups originally anticipated. Please note that the Citizens Advisory Task Force (CATF) on December 19, 2013 recommended approval of reducing the number of hook-ups and related beneficiaries estimated at the time of application. The modification number 3 to the sub-agreement to reduce the number of hook-ups will be submitted to the DEO by the end of March, 2014. The DEO's visit as mentioned above resulted in a letter from the DEO dated December 20, 2013 where the County incorrectly charged imapct fees on Low and Moderate Income (LMI) households. ANALYSIS: The LMI households were encouraged to apply for a State Housing Initiative Program (SHIP)funding to cover impact fee and hook-up (connection) cost. Only seventeen (17) out of the forty three (43) properties qualified for SHIP funding. SHIP funding paid the impact fee of$2,796.00 and the hook-up fee of 2,204.00 for these qualified households. Therefore, on December 27, 2012 Indian River County Department of Utility Services (IRCDUS), in order to assist the homeowners within the West Wabasso community, sent a letter encouraging all households that did not qualify for SHIP funding to connect to the centralized sewer before March 1, 2013 to avoid paying the hook-up fee of$2,204.00. '■' F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso(Whitfield) Sewer Phase 1,Community Gravity Sewer System-UCP 4078\Agenda Items\Agend-I m pact Fee Refunds 2-26-14.docx 156 Although, some of these households did not qualify for SHIP funding, their income surveys were checked as either Very Low Income (VLI) or LMI households and therefore DEO,during the monitoring visit determined that the County should not have charged Impact fees. A total of ten (10) household's impact fees will have to be refunded to the LMI households. Concurrently the sewer impact fees will need to be covered by another funding source. Please note that two (2) out of the 10 households are rental properties generating income where the owners are LMI households residing in the project area. Some of these impact fees were paid in full and some were financed. Attached is a list of the ten (10) households that will be refunded the impact fees. Upon board approval, staff will process the refunds to the LMI households and will provide documentation to the FDEO to satisfy the finding from their letter dated December 20, 2013. FUNDING: On October 16, 2012 the Board of County Commissioners approved Bid Number 2012034 and the associated funding for the West Wabasso Sewer and Drainage Improvements CDBG Project. Revenue provided by General Fund Reserve for Contingency in the amount of$28,000 is being requested to cover impact fees for several homes associated with this project. Similar funding was approved on March 18, 2008 for the West Wabasso Community Water Project. Account Description Account Number Funding General Fund/Planning/Other Professional Services 00120415-033190 $28,000 RECOMMENDATION: Staff recommends approving the use of General Fund Reserve for Contingency to cover $28,000 in impact fees, and approving the necessary budget amendment. ATTACH M E NTS: 1.DEO letter dated December 20, 2013 2.Ten (10) LMI household refunds APPROVED FOR AGENDA: By: (f Indian River Co. App d Date Jose h A. Baird, County Administrator Administration (0 Legal F r: ��,(� ��T/ Budget J Date Utilities AT- 3 ! Utilities-Finance 3_ _!q vw.► F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso(Whitfield) Sewer Phase 1,Community Gravity Sewer System-UCP 4078\Agenda Items\Agend-Impact Fee Refunds 2-26-14 cmc.docx 157 Rick Scott '' '' GOVERNOR Jesse Panuccio -------.------- _ EXECUTIVE DIRECTOR FLORIDA DEPARTMENTIf ECONOMIC OPPORTUNITY December 20,2013 Certified Mail Return Receipt Requested The Honorable Joseph E. Flescher, Chairman Indian River County Board of County Commissioners 1801 27th Street Vero Beach,Florida 32960 RE: On-Site Monitoring Report—October 23,2013 Small Cities Community Development Block Grant(CDBG)Program Contract Number. 12DB-OH-10-40-01-N 01 Dear Chairman Flescher: Roger Wilburn,grant manager for the County's contract,met with representatives of the County on October 23,2013,to monitor the CDBG project identified above. This letter,which contains one finding and no concerns,is a summary of that visit. Monitoring includes an examination of documents related to the project for compliance with the CDBG program rules,state statutes,and federal regulations and viewing the construction site(s)if sufficient work has been completed. The following areas were monitored for compliance: • Audit Review • Equal Employment Opportunity,Section 504/ADA and Section 3 Requirements • Fair Housing Requirements • Financial Management Transaction Testing • Labor Standards • Neighborhood Revitalization/National Objective • Procurement • Program Administration A finding is a specific issue of noncompliance with federal or state regulatory requirements. Please respond to the finding within 35 days after receipt of this letter. The Department will grant one 15-day extension to the response period if an undue hardship exists. If you require an extension,it must be requested within the 35-day response period. Requests for Funds will not be processed if the response is past due until the finding is cleared. The following is a summary of the monitoring activities and the conclusions that were reached. Florida Department of Economic Opportunity I Caldwell Building 1 107 E.Madison Street I Tallahassee,FL 32399 866.FLA.2345 1850.245.7105 1850.921.3223 Fax www.floridaiobs.org y_n.�,_+tter-comic i.�F� I www,facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTVTDD equipment via the Florida Relay Service at 711. 158 The Honorable Joseph E. Flescher �,.. December 20, 2013 Page 2 of 5 Audit Review A Single Audit under Office of Management and Budget(OMB) Circular A-133 must be performed and submitted to the Department for any Federal Fiscal Year(FFY) during which the subgrant was open and the total of all federal funds that your community expended during the year was at least$500,000. Audit reports are due to the Department by June 30 following the end of the fiscal year for which an audit was required. The audit is submitted to ensure compliance with all federal and state regulations and to ensure that the local government has taken corrective actions in response to findings from a previous audit report, if applicable. The audit for FFY 2013 was submitted and there are no issues. Equal Employment Opportunity,Section 504/ADA Requirements and Section 3 Recipients of federal funds must comply with Equal Employment Opportunity(EEO) requirements. The monitoring consisted of a review of the County's employment policy, employment advertising and hiring practices. Section 504 of the Rehabilitation Act of 1973 (29 USC 794) required recipients of federal funds to complete a self-evaluation of their physical facilities and to make all public facilities handicap accessible by July 1, 1991. The Americans with Disabilities Act(ADA) of 1990,as amended, (Title II,28 CFR 35,and Title III,28 CFR 36)prohibits discrimination on the basis of disability in employment,state and local government services,public accommodations,commercial facilities,transportation,and telecommunications. Section 504/ADA issues were not monitored during this visit because the County was found to be in compliance with state and federal requirements during the first monitoring visit. The grant manager checked to make sure that the County had designated a coordinator for EEO, published the contact information as required,and established and maintained a system for tracking EEO complaints. The grant manager reviewed compliance with Section 3 of the Housing and Community Development Act of 1968 (24 CFR 135). Section 3 requires recipients of United States Department of Housing and Urban Development(HUD) funds and the contractors they employ to make efforts to ensure economic opportunities generated by HUD funds are open to local low-income residents and businesses owned and operated by low-income persons. There were no findings or concerns related to Equal Employment Opportunity, Section 504/ADA Requirements or Section 3. Fair Housing Requirements The County's Fair Housing Ordinance and all activities conducted in accordance with Attachment K to the subgrant agreement were reviewed. Compliance with Sections 760.20 through 760.37, Florida Statutes, and Title VI of the Civil Rights Act of 1968 was also reviewed. The County has developed a public information program using ads,brochures,posters, displays,and presentations at public events to inform all segments of the community of their Fair Housing rights and responsibilities. The County has also designated a Fair Housing Coordinator,published contact information as required,and established and maintained a system for tracking Fair Housing complaints. 159 The Honorable Joseph E. Flescher December 20, 2013 Page 3of5 The County has completed the following Fair Housing(FH) activities since the last monitoring visit: First Quarter 2012 — Public Service Anouncement posted on County's website- March 30. Second Quarter 2012 — FH display at Gifford Community Center-June 25. Third Quarter 2012 — FH presentation in West Wabasso-August 6. Fourth Quarter 2012 — Landloard meeting at Indian River County Rental Assistance Department-December 13. First Quarter 2013 — FH material on display in county administrtion building- March 12. Second Quarter 2013 — FH table at Seacoast Bank's "Take control of your credit score" event-June 11. Third Quarter 2013 — FH materials placed in the County library September 25. There were no findings or concerns related to Fair Housing Requirements. Financial Management Transaction Testing A random sample of Requests for Funds (RFFs)was traced through the financial management system to verify the basis upon which the requests were made. The grant manager traced the canceled checks for these RFFs through the County's financial management system to ensure it maintained proper documentation(invoices,payment vouchers,detailed journal entries and ledger postings). RFF numbers two, three,and four were reviewed. Additionally,the grant manager traced the following transactions through the County's system: 1. Check#285773 Guardian CRM,Inc $3,500.00 2. Check#292780 Mancil's Tractor Service 3. Check#295225 Mancil's Tractor Service $15,000.00 $420,310.25 There were no findings or concerns noted under the area of Financial Management Transaction Testing. Labor Standards The Davis-Bacon Act,Copeland Act,and Contract Work Hours and Safety Standards Act require federal grant recipients to monitor construction contractors and subcontractors to ensure that they comply with specific labor standard requirements. This review consisted of monitoring payrolls and project files to determine whether the County is documenting the following. 1. The proper wage decision is included in each contract. 2. Any needed wage conformance requests are processed. 3. Payrolls are being obtained and reviewed. 4. Employee interviews are being conducted. 5. Any problems that arise are resolved in a timely manner. The grant manager noted that when payrolls were reviewed the County had identified some workers who were underpaid. The County is commended for discovering that wage restitution was owed and paid. There were no findings or concerns related to Labor Standards. 160 The Honorable Joseph E. Flescher December 20, 2013 Page 4 of 5 Neighborhood Revitalization/National Objective During the application review period, the Department determined that each service area met the national objective of benefiting primarily low-and moderate-income (LMI)persons. Construction plans were previously reviewed for consistency with the application. During monitoring,any addendums issued after the construction plans were approved and any change order(s) executed after contract award were reviewed for eligibility. The grant manager drove through each service area to observe the work that had been done. The primary activity was sewer line installation and hook up. Based on document review and the service area visit, it appears that the funded activities remained consistent with the application and that at least 51 percent of the persons served by the activities were low-or moderate-income. The project includes new sewer hookups funded by the subgrant. The grant manager reviewed hookup files to ensure that the homes connected were LMI households.Additionally, since sewer hookups were funded,he reviewed compliance with the hookup notice requirements in Section 381.00655(1), Florida Statutes. Finding: It appears the County has charged impact fees, connection fees and closing costs to LMI households. The letters of December 27,2012, from the County to the residents of the service area describe the costs to the homeowners for the sewer hookups. One letter states that the SHIP program will pay the costs for those who apply and qualify. Not all LMIs, however,qualify for SHIP,so it is not clear whether LMIs were charged connection and impact fees for the CDBG work. Required Action: The County is required to either refund the fees or return all subgrant funds. If the County decides to refund the fees,the following documentation must be submitted to the Department to resolve the finding. Identify all LMI households within the service area and their status as to whether they were charged connection fees,impact fees or both. Identify those households that received SHIP funding and what the funding paid. Identify the amounts of fees already paid by any LMI households and the amount of refund due. Provide documentation that the refunds were paid to the LME households. Submit copies of letters sent to the LMI households stating that they are not responsible for the fees for being hooked up now nor will they be charged in the future for this work. Provide documentation of the receipt of those letters by the LMI households. Procurement CDBG-funded activities must comply with applicable federal procurement regulations and state laws. The principal federal procurement regulation is contained in 24 CFR 85.36. Procurement of some professional services is also subject to Section 287.055,Florida Statutes, (also known as the Consultants Competitive Negotiation Act or CCNA). Construction procurement must comply with Section 255.0525, Florida Statutes. There were no findings or concerns related to Procurement. 161 The Honorable Joseph E. Flescher December 20, 2013 Page 5 of 5 Program Administration This review focuses on whether the County has a project management system that complies with program requirements. The grant manager reviewed the filing system and record retention procedures for compliance with 24 CFR 570.490(b),(c),and (d). Project progress was compared to the Activity Work Plan to determine if performance and expenditures were on time. The grant manager was able to document that i$134,337.00 of leverage funds had been spent. Thus, the required leverage expenditures have been met. He also observed that the County had not received any citizen complaints related to the project. There were no findings or concerns noted under the area of Program Administration. The County must continue to administer the subgrant according to federal and state laws,the program rules,and sound management practices. At this time,no additional monitoring visits are planned. I appreciate the cooperative attitude of those who provided assistance during the monitoring visit If you have questions about this report or the County's subgrant,please contact Roger Wilburn,Government Operations Consultant II,at(850) 717-8424 or by e-mail at Roger.Wilburn@deo.myflorida.com. Sincerely, Bob Dennis Community Program Manager BD/RD/rw cc: Mr.Arjuna Weragoda,P.E.,Capital Projects Manager,Indian River County Mr.Bill Gearing,Guardian CRM,Inc. 162 M date: March 3, 2014 CDBG Program Agreement�D No. 12DB-OH-10-40-01-NO1~ LMa I HOUSEHOLDS IN THE WEST WABASSO CDBG PHASE I SEWER PROJECT AREA ° `� o °i M ° c - 4-' ' U — U > ° E C LMI HOUSEHOLDS THAT ARE NOT SHIP ELIGIBLEc o ° M M `� ° ` "-' o E � � U _0o0 L � as a) ~ a) 80 N ° M C 00 040 Hookup Impact Fee Impact Fee - E L C r 4) = o a Occupied Impact Fee Fees Paid to date to be Paid By ( a) o o a a) N a) Account# Name Address By Paid By $2204 Each to be refunded General Fund -0 aa) > a) > > o a) Covered by County/ o ) � — N o 0 034538 Anderson, Eunice 6596 86th St Owner financed Local funds leveraged $265.23 $2,796.00 -a M M N E N F- +Z a) s Covered by County/ cn � � L- W 034726 Bradley, John & Beverly 6475 86th Ln Owner financed Local funds leveraged $415.06 $2,796.00 ;= c Cn (n3 N Covered by County/ o +- o a 0 044022 Cummings, Jerry 8755 64th Ave Owner financed Local funds leveraged $475.00 $2,796.00 >� o c o � m � a a) a) � : r a) Covered by County/ t a) 0 0 o U o -t3 039696 Cummings, Jerry 8755 64th Ave Tenant financed Local funds leveraged $475.00 $2,796.00 U 1- �> N Q In N a) E Covered by County/ U ?' a) M o 03336Q Douglas, Levan 8686 65th Dr Owner financed Local funds leveraged $413.93 $2,796.00 a E L -a v- Covered by County/ zrN ami a) Q-15 " a) (n = 034720 English, James&Gloria 8685 65th Ct Owner financed Local funds leveraged $472.72 $2,796.00 t cB u_ o Covered by County/ a) � E 0 — N 5 S 080926 Harris, Julius 8680 64th Ave Owner financed Local funds leveraged $236.78 $2,796.00 0 E a) cc ami o 0 � :.0 o a Covered by County/ o 3 -6 C E o 034714 McIntosh, Sylvester Sr 6485 86th Ln Owner paid Local funds leveraged $2,796.00 $2,796.00 Cn po = Q 3 0 -a CO (D -0 -0 Covered by County/ M M ° a) o co a) E 068936 McIntosh, Sylvester Sr 8545 64th Ave Tenant paid Local funds leveraged $2,796.00 $2,796.00 ' o .r 0 co> _o y m Covered by County! E E 3 (D Lno -oo =3 cu034608 Teague, Tamara Johnson 8635 65th Ct Owner financed Local funds leveraged $178.30 $2,796.00 0 Z E a) a) o M -CamiE Total= $8,524.02 $27,960.00 C M -0 L) c a) +' v Co a) C cB a) o �''X ` oU o a M N c M NcuE � C0a) � ° L7U 3:cn U N a) C CU a) a� <:) ~ a) M O O > t y c a) � c�0 � N < U) EZ °' UC� �3. A - IVE: �., OfjZCB D f ATTORNEY'S MATTERS: 3/11 /14 z INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney Wham K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Roland DeBlois, Chief, Code Enforcement and Environmental PlannerZ� FROM: William K. DeBraal, Deputy County Attorne DATE: March 5, 2014 SUBJECT: Code Enforcement Lien located at 168 35th Square SW Water's Edge Subdivision The property at issue in this matter is a single family house located in the Water's Edge subdivision. Foreclosure proceedings were initiated against the property owner, Rose Cunningham, in August 2011. The foreclosure matter concluded in October 2013 with Deutsche Bank taking ownership of the property. While the foreclosure was proceeding, the County initiated code enforcement action against Cunningham in December 2012. The owner and the mortgage holder, Deutsche Bank National, were cited for junk, trash and debris violations, an unmaintained swimming pool and a defective pool screen enclosure. The code enforcement case was concluded in February 2013 resulting in a violation and a fine of $100 per day. After the foreclosure case was concluded, the property was listed for sale and Carla and Steven Greenawalt have contracted to purchase the property. The Greenawalt's have a mortgage rate that is locked in until March 13, 2014. During the due diligence portion of the contract, the Greenawalts discovered the County's unresolved code enforcement lien. The existence of this lien would delay the closing if it were to be placed on the next Code Enforcement Board meeting scheduled for March 24, 2014. Thus the Greenawalts have decided to seek relief from the Code Enforcement Order from the ! 3 164 Code Enforcement Lien 168 35th Square SW March 5, 2014 Page 12 Board of County Commissioners as prompt resolution of this matter would be in their financial interests. The filing of a Lis Pendens on the public records is notice to all that the property is subject to a lawsuit. Any lien filed after the notice of Lis Pendens and before the foreclosure is complete would be "scrubbed" (deemed unenforceable) at the end of the foreclosure lawsuit. It would be questionable as to where the County's lien could survive against the property and even more questionable of whether it could be enforced against the Greenawalts should they proceed to close on the property. The County's Code Enforcement lien will still be valid against Mrs. Cunningham's estate as it is our information that she passed away recently making the lien a part of her estate. The property has been brought into compliance and no current violations exist. The Greenawalts are currently renting and have informed their landlord of their intention not to renew the lease as they wish to move into the Water's Edge home after a short period of rehabilitation. They seek to have the Board enter an order setting the fine in an amount certain. The Greenawalts would seek to have the bank pay the fine out of closing proceeds and allow the Greenawalts to close on the property at the lower interest rate and with clear title. County Code Enforcement staff estimates administrative costs associated with this enforcement lien to be approximately $1,700.00. FUNDING: There is no County funding in this matter. RECOMMENDATION: Staff recommends the Board set a fine certain in Code Case No. 2012-20007 and upon payment of the fine, satisfy its lien against the property. c: Roland DeBlois Vanessa Carter Carla Greenawalt 165 iy s �" wa RECEIVE[ MAR 2 6 2013 ���` COUNTY ATTORNEY'S OFFICE v Z Cd1�o S hr, 1(111? 1!V v J \ J v 1 f �' lb5. A. IO. w C 4T �,�`� � 1 i�jv i �VzED y T1 EMERGENCY AGENDA ITEM ITEM .114. A . I. March 11, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 10, 2014 SUBJECT: Correspondence from Fred Mensing FROM: Peter D. O'Bryan, Commissioner District 4 Correspondence from Fred Mensing. 14o5 .A. 1. . P a � P-1 w, g; . } k ` t r L , t. s 40 �� �Cd�i•/U TS � y .. �AP p� ,,,mss ,4,,,t �nw •...r I 1 FR!--D MENSING PH. 772. 7680129TH 67'. i a. AS ((- �L T-T-L.41 GO U40 �-� R —s i C 5 l II 1 67(10,7 C-C(4 1 JC�r m �/ t� FRM MENSING PH. 772, 1 ' 7680 SEBASTIAN, FL 329E58 Lea- cy-, C, �41 fi re C-- L4 PC-4 V<'X' LA--��-j eA T— LAJ L -now A.4 KNSiNG PH, 772, 0. 6.AIRTi. , 7 j1-'1�� '` �� �,�� c2 crZ��— C e`�1��' S ._`. 4/�S ��G S �_� �_ �� 4E- Col c /2- T L C" C- C-- L J J---- c t#-Z_ UAj L 4T Fo- �4L 41 .� f t Martln County trey j. � �, Currents STFebruary 2014 � - -1r r� - N, P.1 Martin County C retrieved emails from the public email a ndments,which will be heard by an s1 database referencing Lake point,so they a inistrative law judge beginning Commission Chair expanded their February 2013 public Ap . 14 in Stuart. records request to include Heard's emails acific Legal Foundation attorney Sarah Heard may from her home computer,as well as her C stina Martin sent a letter Jan. 14 to learn on Monday, notes during the Jan.15,2013,county all ve Martin County commissioners, commission meeting,and her calendar of Coty Administrator Taryn Kryzda Feb.24,if a judge will compel her to appointments for the previous year.Their an, n County Attorney Michael Durham submit to a deposition regarding miss- request has been expanded again to in- sa g that PLF was tipped off about ing emails from her private email ac- ;° clude text messages with Hurchalla. ^a eptions of public records violations" count.Attorne for the Lake Point Ma Heard informed Lake Point that her in a lawsuit between Martin County ys Maggy Hurchalla Sarah Heard email account had been"hacked,"thus a landowner Lake Point. Water Restoration Project in western Martin County asserted in motions filed she could.not provide them all the According to the letter,"The plain- the 19th Circuit Court that Heard's se- mentDepartment staff provided infor- Poinrowth Manage- t req es ed Hwere eard's permission on toe fs'Motion to Inspect Electronic De- incret correspondence with former com- mation to the county commission in a access her Yahoo account Heard re- cesoli to Determine if Evidence has been missioner Maggy Hurchalla regarding public meeting and in staff memos in tained a private attorne . poliated suggests that various commis- Lake Point are public records that January 2013 that apparently verified y Toners have used private email accounts should have been preserved. Lake Point's stance against Hurchalla's thehearingFeb.24 at he Marwill tin County public reside at to reco ds have nobbusiness,and these Heard's private attorney,Scott Zap- claims,including that no wetlands had Courthouse to determine if Lake Point posted on the county's t ublice records preserved, polo,contended in a protective order he been destroyed and that there was no may depose Heard.■ �' p filed in Palm Beach County last August evidence its rock pits were deeper than website,and in some instances they have that Heard's private emails are not public 20 feet,as required by the county's Com- been altered or improperly manipulated. record,that she is not a party to Lake prehensive Growth Management Plan. "If the statements contained in the mo. Point's case against former CountyCom- 1 tion are accurate,Pacific Legal Foundation The staff also produced a copy of the Martin County's missioner Maggy Hurchalla,and that her 2008 Martin County resolution reclassi- is concerned about how such conduct im- service provider,Yahoo,cannot release fying Lake Point from a residential handling of public Plicates Martin County landowners,their any information regarding a private ac- housing development Lake Point ability to freely access the government on count unless it's part of a verified,official Ranches,to a public works project that records has come important Property rightsissues,and their criminal investigation,which this is not. Commissioner Fielding said,"wasn't ability to access government records with- Much of Zappolo's motion was de- worth the paper it is written on." under scrutiny by out a fear that such records will be manip- nied by a Palm Beach County judge,and Following the county's resolution, a Sacramento-based public affairs law �aTheir public ted or yords request was for Heard was ordered to produce all her the Lake Point project was designated gn firm,the Pacific Legal Foundation,and meeting transcripts and emails pertaining 'mail correspondence with Hurchalla.If part of the Northern Estuary Everglades also led to charges being filed against to the county's forgiveness of court-or- 'he was unable e s eneeded accordingto g Martin Countyfor tortious interference dered fees and sanctions for the Martin Restoration Program. :ourt records,then she needed to verify According to court records,Lake Point , ler actions in her failed attempts to re- attorneys discovered that Heard had been (interfering with a company's ability to County County Conservation Alliance,all grieve the requested,private emails from routinely using her private,Yahoo ac- do business). commissioners'calendars,phone calls ier personal computer. count to conduct coup business as they After Martin County took no action and text messages,public and private, ' ey over the past year to fulfill the Lake used to conduct public business from Point Water Restoration Project's public Nov 1,2012 to the resent;payments records request for public and private made to Mag ggyy H Via, ginia emails between County Commissioners "Ginny"Sherlock,Howard Heims,or and former Commissioner Maggy Hur- their firm,over the past 5 years;all docu- challa that referenced the Lake Point menu in which Maggy Hurchalla is men- court records,then she needed to verify According to court records,Lake Point (interfering with a company's ability to County County Conservation Allianc� her actions in her failed attempts to re- attorneys discovered that Heard had been do business). commissioners'calendars,phone calls trieve the requested,private emails from routinely using her private,Yahoo ac- After Martin County took no action and text messages,public and private, her personal computer. count to conduct county business as they over the past year to fulfill the Lake used to conduct public business from Point Water Restoration Project's public Nov 1,2012,to the present;payment`.3 WW y1 records request.for public and private made to Maggy Hurchalla,Virginia .r �6.,•'° :.c>x+ �; ;..ti:.. L9 X71 ^ �r`T} " '� �...,�-t,•�. �;a,,,k. 'i"'+o- k'(:: ,i,�. emails between County Commissioners "tinny"Sherlock,Howard Heims,or and former Commissioner Ma Hur- their firm,over the past 5 -ears;all da Maggy F Y ehalla that referenced the Lake Point ments in which Maggy Hurchalla is m project,attorney'Ethan Loeb filed a tor- tioned relating to.the comprehensive F� tious interference claim against Martin amendments for Martin County;and t r >{ County for failing to comply with county's retention policy for emails,to �, �E � � ���, �� �� ,,, 5�.• � '�.,� ;,� x � ,.. Florida's Public Records Act. messages,phone records,and calends Martin County immediate) filed a "If the County will not produce any of motion to block the amended motion requested documents,"Martin said 00, however,in a hearing Jan.28,Circuit "please provide Pacific Legal Foundat . Court Judge James McCann dismissed with the stated basis for the refusal." MAY 4 the county's motion and granted Ieave to Lake Point to file their amended mo- ' ;, !` tion,thus their tortious interference Martin claim against Martin County will stand County Ta) h' s �•{•` until ruled upon by Judge McCann. nnay/ rs Associatioi Lake Point also charged tortious in- terference against Hurchalla a year ago. Pre ' Hurchalla's attorney sought to have the dent Ric rd charge dismissed in October,however G e iS I ¢"e r „U Judge McCann denied their motion. i7 M °, According to court records,Loeb "the full weig t"c his ox nization v "` claimed that the secret email corres on- the middle of t e Stuart ity Commis. k Bencebetween the county commissioners sion's decision t levy a versa)fire JUNE 15 and Hurchalla regarding Lake Point are perhaps saving S art esidents.and bi vital to Lake Point's case against Martin Hess owners a blo their pocketboc County and the South Florida Water Man- In the Feb. 10 p ked-house City ��� agement District for breach of contract. Commission me in that lasted moi RkMWr ; On Jan.6,2014,Lake Point ex- than four hour ,Geis ger offered to x T, panded their public records request to analyze an o z fram artin County include all public and private emails, Commissio z Ed Field g to consoli eks all text messages and phone records date police nd fire se es for effi- k; r , from all commissioners in their com- ciency an cost savings, ich had m Six Weeks munications with the Growth Manage- ! been par of the county's a lier strat h tiya ment staff to and from Hurchalla gic plan 'ng discussions. �x regarding not only Lake Point,but an The ' e fee resolution as ed,but g g Y Y P .t'�� -�.� q1 $•�, h , .� � g�• � �� r ��,� reference to the proposed amendments with sone-year sunset clause oxde to the county's Comprehensive Growth pursue possible consolidation h tl >, Cal I rani � fktiQt Management Plan. county's services.Geisinger promisee tY� - aral�a EY3ari+s Lake Point also is a party to the legal return results of their research to the 4 r r ,. _' ccs z:., a ,.. • :.:,: �.._ ..+2 > �4 4 challenges of the rewritten Comp Plan within 60 days.■' uR- VEMONG }9 ,S Thy rbc, 1295 NJ pf-I. Y72, i T N. Fl IA -T- 1 77, C7, i\A 'Iv - --------- x"L i kL L k rA IL L IL- �y{- a Fiji 1V f V g-F kv 12 ov) to s t 4 ( - •q. March 11 , 2014 ITEM 14.B.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 5, 2014 SUBJECT: Maintenance of a parcel of land FROM: Wesley S. Davis Commissioner, District 1 1 kindly request your consideration for a discussion with possible action regarding the maintenance of a parcel of land east of US1, North of Indian River Drive, and immediately South of the Brevard/Indian River County line (depicted on the attached backup documentation), owned by the Florida Department of Transportation. q.. WSD:mIp C:\Users\droy\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EKXE60HB\Maintenance of parcel of land.doc 166 a� Ike ��,F��k �y �a•y7�Rr�k:.'S.N �a,H h A �•u.ir�t��,1�'�'�d z F+t .r-,tt'i +r�3 , 4_1,k'4'� r' ''P � '°F + gstyG f , �' µ �# •"�.� ss �, r p rk., �Q#j��ti��,",������`�A�t"My� �� i r, "4 IN kt'.ad �� � }' Yah ?✓.A" y + 1 +�''""I pYY y j ��� �r k° '$e. F' /tib f'` prexa �f.t��6'�•�$�" '�' w rr f��s 4�h'�t,3Y +jaa Yi^Y of �a"rr x a ar"a e My'*�r", $ ww � r � , 7.e:��'.W`+ a:4E d '� 1:� �J.�,(�,�, ��ik+{�' 't�e"�.y+�Fi• ° 1 '� udi�` '�ae'�s s rs�,' �N""N lir ; .. � 'rt �a+ t,4v w• t $ ��r4'+ r n i-�' 4 'P �"1 rr � ( K .ria ��•ij �x ^ j '% 4' rsr g u s j 1 �N I r r�4 f a A a '4' J'r I d i �`9,•��rss '� Ia y �r��4 �i k ,r rc'" `r,t, w i:� kf�r !'. dQ,'��y� �e�l �`� IRrT •• °fie } -'� � �� ,',� F � F, r� a • p F..,Y 8,>r�M+ ,w� � , � a ,� ate#V' r a� n � • .: P F. h NPR `, eti. � I } � 1 .^ ` S m^ Indian River County, Florida Property Appraiser- Property Data Page 1 of 1 Data For Parcel 30382500000300000001.0 Land Data Parcel: 30382500000300000001.0 Owner: STATE OF FLA DEPT OF TRANS PAR, Site Address: 14510 US HIGHWAY 1, SEBASTIAN, FL 32958 1 �E [-i] Hap this pr,^,pc.rty. Land Record Land Use Amenity Land Unit Type Act. Eff. Depth Acres Zoning Adj. Number Code Units Front Front Code 82X 001 FOREST,PARKS,REC- P- PARK 23958 IRREGULAR 0 0 0 0.55 CL NA EXE Land Totals Total Acres 0.55 Repoit Discrepancy GIS parcel shapefile last updated 3/5/201412:15.•52 AM. CAMA database last updated 3/5/201412:37.•39 AM. http://www.ircpa.org/Data.aspx?ParcellD=30382500000300000001.0 3/5/2014 168 March 11, 2014 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 3, 2014 SUBJECT: City of Vero Beach Electric Sale Discussions FROM: Tim Zorc Commissioner, District 3 Discussion on the Florida Power & Light, Florida Municipal Power Agency and the City of Vero Beach discussions regarding the electric sale. 169 March 11 , 2014 °— ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 5, 2014 SUBJECT: Go-Line Transportation Hub FROM: Tim Zorc Commissioner, District 3 1 would like to request discussion on moving the location of the Go-Line Transportation Hub from the planned 1.6dh Street location to the Vero Beach Municipal Airport. 170 SCRIPPS TREASURE COAST .- -• NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 SCRJPPS 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 Ad Pub Customer o B Number Date Cine PO# INDIAN RIVER CO PLANNING 2601366 2/24/2014 PUBLIC HEARING 3-11-14 HEARING NEWSPAPER E Sheet@) LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Swor to and subscribed fore me this day of, February 24, 2014, by Zt, �� who is Sherri Cipriani ORIGINAL [XJ personally known tom or [ s%produced as identification. J who ha Mary T. Byrne Notary Public r J mow_ ",�"•,,,. MARY T BYRNE Notary Public-State of]F[widsMy Gomm.Explrea Aug Commission#EE 7 j Advertiser: Indian River County Planning Depa... a ,(QUCllal Ad Number: 2601366 NIA ��pf""e� o.s,.E,.,,. . . Agency: Insertion Number: NIA s Size: 1 Col x 176 ag Section-Page-Zone(s): I-1-All Monday, February 24, 2014 Description: BEFORE THE BOARDOF C Color Type: NIA Y- es as �n c� Rv - -- _ eR� _ _ _ _ _ _ ^,g _ _ _ __ _ _ - _ _ a3rna - �z £ nl iE MU -- m�.z - £- _ nag^ane oT _ 5. - - - - x; ms 95 cf _ g aft- =e _ YgA^ _ _ '83n a� - _ z a -. m nm^man maven E ' mo��o�mKo�s ^=R. o ��3..s�. �•.� a ., __ - a _ - o eke o� � s^oe°�moy _ fm moi - - 8= z pyo-.....