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02/10/2015 (2)
INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 2, 2015 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Chris Mora, Public Works Director Cjw•- FROM: Jennifer Hyde, Purchasing Managt*( CONSENT AGENDA 9 SUBJECT: Approval of Firm Selection for RFP 2015014 — Custodial Services for County Buildings BACKGROUND: The current custodial agreement with JMC Services, Inc. expires on February 28, 2015, and a Request for Proposals (RFP) was issued to obtain services for the new term. County facilities were divided into four geographical groups and firms were asked to submit on one or more groups, with only one group to be awarded per firm. The geographical areas are: Group 1: Judicial Complex: Judicial Center, Main Library, Administration Annex Group 2: Administrative Complex: County Administration Buildings A & B, Health Department Group 3: 43rd Avenue Complex: 43rd Ave. Administration Annex, Emergency Operations Center, Traffic Operations Center, Sheriff's Administration Buildings, Sheriff's Human Resources (modular), Sheriff's Crime Scene Facility, Sheriff's Mall Office Group 4: North County Facilities: North County Library, North County Offices RFP RESULTS: Advertising Date: RFP Opening Date: DemandStar Broadcast to: Local vendors contacted by Purchasing Specifications Requested by: Replies: December 1, 2014 January 6, 2015 at 2:00 pm 349 Subscribers 35 37 Firms 14 Firms (one disqualified for failure to acknowledge issued addenda) ANALYSIS: A selection committee comprised of the Facilities Manager, Public Works Director, Budget Director and the Clerk of the Circuit Court Chief Deputy, Courts & Recording independently evaluated and scored the proposals, based on qualifications, staffing, references and price. These scores were compiled by 0 129 CONSENT AGENDA the committee and an overall ranking of the submittals developed. The final rankings established by the committee are: Group 1 (Judicial Complex) 1. K's Commercial Cleaning 2. KeeClean Management, Inc. 3. Tribond LLC 4. Admire Cleaning Service Corp. 5. Nash Janitorial Service 6. Marsden Services 7. American Janitorial, Inc. 8. CHI -ADA Corporation 9. BBC Management 10. All N Professional 11. W&G Maintenance 12. JMC Services Group 2 (Administrative Complex) 1. CER Signature Cleaning 2. Tribond LLC 3. KeeClean Management, Inc. 4. Admire Cleaning Service Corp. 5. Nash Janitorial Service 6. American Janitorial, Inc. 7. Marsden Services 8. CHI -ADA Corporation 9. All N Professional 10. BBC Management 11. JMC Services 12. W&G Maintenance Group 3 (431 Avenue Complex) 1. KeeClean Management, Inc. 2. CER Signature Cleaning 3. Tribond LLC 4. Nash Janitorial Service 5. Marsden Services 6. American Janitorial, Inc. 7. BBC Management 8. All N Professional 9. JMC Services Group 4 (North County Complex) 1. CER Signature Cleaning 2. KeeClean Management, Inc. 3. Marsden Services 4. Nash Janitorial Service 5. CHI -ADA Corporation 6. Tribond LLC 7. American Janitorial, Inc. 8. BBC Management 9. All N Professional 10. W&G Maintenance 11. JMC Services CER Signature Cleaning was ranked first in both groups 2 and 4, and the Committee determined they should be selected for Group 2. If they were selected for Group 4 and the #2 firm for Group 2 selected for those facilities, the total annual cost of services would increase by $13,011.14. The selection committee recommends the award of the RFP as follows: 130 Group 1: Judicial Complex K's Commercial Cleaning Port St. Lucie $203,448.96 Group 2: Administrative Complex CER Signature Cleaning Vero Beach $191,400.00 Group 3: 43rd Avenue Complex KeeClean Management, Inc. Orlando $78,780.00 Group 4: North County Facilities Marsden Services Miramar $27,262.32 130 CONSENT AGENDA The total annual cost for cleaning services will be $500,891.28. Current annual cost for these facilities is $558,071.00. The proposed new agreements represent an annual savings of $57,179.72 or approximately 10.2%. The proposed term of the award is one year, with two one-year extensions available. FUNDING: Funding for Custodial Services is included in the Facilities Management Budget in account 00122019- 033490 (other contractual services). Funding for Traffic Engineering is budgeted inn account 11124541- 034610 (building maintenance), funding for the Main Library is budgeted in account 00110970-033490, and funding for the North County Library is budgeted in account 00110971-033490. These departments are all included in the General Fund, which is supported primarily by Ad Valorem Taxes in addition to various other revenue sources (Half -Cent Sales Tax, State Shared Revenues, etc.). RECOMMENDATION: Staff recommends the Board approve the committee's final rankings and authorize the Chairman to execute the attached agreements, after receipt and approval of the required insurance certificates and after the County Attorney has approved them as to form and legal sufficiency. ATTACHMENTS: Proposed Agreement APPROVED AGENDA ITEM BY: Joseph A. air , County Administrator FOR: Indian River Co Apprkyo Datg Admin f,/ Legal Budget N-4 1 K I Risk /.S/,.l a Ot= 6-/5 131 AGREEMENT BETWEEN OWNER AND CONTRACTOR CUSTODIAL SERVICES INDIAN RIVER COUNTY RFP N0. 2015014 THIS AGREEMENT for CUSTODIAL SERVICES ("SERVICES"), entered into as of this day of , 2015 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and , ("CONTRACTOR"). BACKGROUND RECITALS: A. Through the competitive Request for Proposal (RFP) process, the COUNTY has selected CONTRACTOR to provide custodial services at various facilities as more fully set forth in Exhibit 1 (Required Duties and Frequencies) and Exhibit 2 (Contractor's Price Proposal Form) attached to this Agreement and made a part hereof by this reference. B. The proposed work consists of scheduled custodial services at County - owned facilities, as described in the Request for Proposal document (RFP 2015014, issued on December 1, 2014, "RFP") ("Services"). C. The CONTRACTOR is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and D. The COUNTY and the CONTRACTOR wish to enter into this Agreement for the Contractor's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 CONTRACTOR will provide services at the following facilities: Group _ Facility/Address Facility/Address Agreement — 1 132 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide explanation of layout of individual buildings and familiarization with any restrictions. 2.2 The COUNTY shall provide training for operation of security systems. 2.3 The COUNTY shall provide emergency call list for all facilities. 2.4 The COUNTY shall provide the following supplies for utilization for restrooms and offices: a. Paper towels for dispensers b. Toilet paper C. Trash can liners d. Hand soap for dispensers 3. RESPONSIBILITIES OF THE CONTRACTOR. 3.1 The CONTRACTOR agrees to provide the services in accordance with the scope of the RFP. 3.2 The CONTRACTOR shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to render its Services as described in this Agreement. 3.3 A list of holidays the service will not be provided for the term of the Agreement is attached as Exhibit 3. 3.4 The CONTRACTOR shall be responsible for any and all damage to COUNTY equipment, furnishings and facilities directly attributable to his or her negligence or cleaning practices. 3.5 CONTRACTOR shall provide all necessary equipment to execute the work under this Agreement. Such equipment shall be maintained and operated in a safe manner at all times. a. Vacuums used shall be equipped with HEPA filters. CONTRACTOR shall have available a log showing the date and responsible party for replacing the filter cartridge. 3.6 To insure the safety of the public and the employees of Indian River County as the occupants of County facilities, it shall be the policy of Indian River County that the use of any chemicals or materials used in the cleaning and maintenance of County facilities be certified green. If it is determined for sanitary reasons that a non- green product must be used, then it shall only be utilized at times when the employees and public are not within the confines of the facilities being cleaned or sanitized. Agreement — 2 133 CONTRACTOR shall provide a list of materials used in their daily cleaning routine and provide evidence of their certification as being a green product. 3.6 No person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the Services to be performed by CONTRACTOR under this Agreement. CONTRACTOR does hereby covenant and agree that in connection with the furnishing of Services to the COUNTY, it shall not discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing the Services to the County, CONTRACTOR shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. 3.7 The CONTRACTOR will cooperate fully with the COUNTY in order that all work may be properly scheduled and coordinated. 3.8 The CONTRACTOR shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. 4. TERM OF AGREEMENT. 4.1 This Agreement shall remain in effect for a term of one year, unless otherwise sooner terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto for a maximum two additional one-year terms. 5. COMPENSATION. 5.1 CONTRACTOR shall bill the COUNTY monthly, after completion of work. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No advance or prepayment will occur. 5.2 Adjustments shall be made to compensation due under any of the following circumstances: a. If any work which is scheduled for daily, weekly or monthly performance is omitted or unsatisfactorily performed, the CONTRACTOR will be notified in writing of the failure or omission. An adjustment or deduction may be made from any monies due or to become due the CONTRACTOR. Adjustments or deductions will be consistent with the per square foot rate for the building the deficiency occurs and for the period of time the deficiency remains uncorrected. b. In the instance where room cleaning has not been satisfactorily performed or portions of the work have been omitted or improperly performed a deduction will be made for the entire room. 6. INSURANCE AND INDEMNIFICATION. Agreement — 3 134 6.1 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.2 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein 6.2.1 Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. 6.2.2 General Liabilitv: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 6.2.3 Business Automobile Liabilitv: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.3 Contractor's insurance coverage shall be primary 6.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A- VII or better. 6.5 The insurance policies procured shall be occurrence forms, not claims made policies. 6.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement — 4 135 Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 7. TERMINATION. 7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon sixty (60) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon sixty (60) days' prior written notice to the COUNTY; or (c) by the mutual agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall be payment for those portions of satisfactorily completed work. Such payment shall be determined on the basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to employ other persons to perform the same or similar services. 7.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 7.4 In the event that the CONTRACTOR merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement upon 30 days written notice. 7.7 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false invoice to the COUNTY. 8. MISCELLANOUS PROVISIONS. 8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Agreement — 5 136 8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 8.9 Public Records. 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: 8.9.1 Keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. 8.9.2 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. 8.9.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 8.9.4 Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR 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. 8.9.5 Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Agreement. The CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 8.10 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Countv: Indian River County Attn: Chris Burr 4305A 43rd Avenue Vero Beach, FL 32967 Facsimile: (772) 226-3495 Contractor: Agreement — 7 138 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 8.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 8.14 Sovereiqn Immunitv. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. Agreement — 8 139 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Contractor: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners By By Printed name: Wesley S. Davis, Chairman Title: Date Approved by BCC: Date Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By Deputy Clerk Approved: Joseph A. Baird County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney Agreement — 9 140 Exhibit 1 Required Duties and Frequencies Agreement — 10 141 Required Duties and Frequencies The following list represents the minimum allowable standards for duties to be covered by this service contract. Some buildings may require more frequent attention due to operating hours/days, traffic or specific use patterns. Proposals should be provided that ensure that acceptable standards are met and adjustment to frequencies can be made in order to maintain these standards. The County shall be the sole determination of acceptable standards. Minimum Allowable Frequencies Daily — Offices, Hallways and Common Areas Empty trash cans; replace liners, police building perimeter for trash • Empty and clean ashtrays and trash receptacles at entrances (big and small) • Clean and sanitize drinking fountains and public telephones Spot clean walls, doors, trim and switch plates • Clean elevator walls, floors, doors and door tracks • Clean entrance doors and surrounding glass (inside and out). • Empty recycle containers and place materials in designated bins outside the building Empty wastebaskets and remove trash from building (replace liners) Vacuum all floors and corridors (both carpet and tile) throughout building Daily — Restrooms Remove Trash • Restock Paper Towels • Restock Toilet Paper • Refill Soap Dispensers Clean Mirrors • Damp Wipe Counters and Sinks Sanitize Toilets Sanitize Urinals Clean Toilet Partitions Sweep and Damp Mop Floors Scrub Floors under Urinals Clean Stainless with Stainless Cleaner Agreement — 11 142 Weekly • Spot clean all floors, including all offices • Dust all Flat Surfaces Monthly • Dust all a/c vents and wall mounted fixtures in all corridors and offices • Clean mildew off outside metal doors • Dust all furniture and window ledges • Damp wipe and sanitize inside and outside of waste receptacles • Wash and spray buff all vinyl floors in kitchen and elevators Quarterly Strip and wax the floors Dust light fixtures, window wills and blinds Daytime Building Attendants: 16th St. Complex (Judicial Complex and Main Library) and Administration Complex (Administration Buildings A and B and Health Department) For Group 1: 16" Street Complex and Group 2: Administrative Complex, the awarded contractors shall provide and include their submitted monthly cost an employee (minimum of 6 hours per day) for the purpose of attending to the daytime custodial needs of specified buildings as a part of this proposal. This person must be able to speak and understand English. Attendant Duties: The attendant position is to supplement the Contractor's work staff by attending to restrooms and other heavily used public areas while the building is open. The attendant's duties shall not impede or significantly interfere with the operation of the building. However, temporary closing of restrooms for cleanup will be allowed. Examples of other duties Check and refill soap dispensers, toilet paper and paper towel dispensers. Cleanup of spills and other emergency type cleaning duties. Keep entrance doors and windows clean. • Empty trash and smoke receptacles at entrances. • Dust baseboards and conference room furniture when not occupied. Perform duties outlined in the daily, weekly or quarterly duties that do not adversely affect the occupants, or visitors to the building. Agreement — 12 143 Exhibit 2 Contractor's Submitted Price Proposal Form Agreement — 13 144 Exhibit 3 Scheduled Holidays Agreement — 14 145 The following Holidays will be observed during the initial term of the agreement (March 1, 2015 through February 29, 2016) Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Day Friday, April 3, 2015 Monday, May 25, 2015 Friday, July 3, 2015 Monday, September 7, 2015 Wednesday, November 11, 2015 Thursday, November 26, 2015 Friday, November 27, 2015 Thursday, December 24, 2015 Friday, December 25, 2015 Friday, January 1, 2016 Agreement — 15 146 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine; SUBJECT: Change Order No. 1 and Release of Retainage 12th Street and 27th Avenue Intersection Improvements IRC Project No. 9334 Bid No. 2013021 DATE: December 29, 2014 DESCRIPTION AND CONDITIONS On July 16, 2013, the Indian River County Board of Commissioners awarded Bid No. 2013021 in the amount of $1,525,216.32 to Timothy Rose Contracting, Inc. for improvements to the 12th Street and 27th Avenue intersection consisting of the milling and resurfacing of 121h Street approximately 1200 LF east and west of 27th Avenue and the addition of left turn lanes, eastbound and westbound on 12th Street at 27th Avenue. The improvements also include filling the canal along the south side of 12th Street with 60" RCP, as well as curbing, sidewalks, new traffic signal and pavement markings. The project has been completed and Change Order No. 1 is to make final adjustments to bid line items to decrease the total contract price by $100,799.05 for a final contract price of $1,424,417.27 and to add time to contract for delays caused by utility conflicts, weather and design modifications. Timothy Rose Contracting, Inc. has been paid $1,353,196.41 to date, with $71,220.86 held in retainage. Timothy Rose Contracting, Inc. has submitted Contractor's Pay Application No. 6 in the amount of $71,220.86 for release of retainage. FUNDING Payment for Timothy Rose Contracting, Inc. Contractor's Pay Application No. 6 is budgeted and available from the following: Optional Sales Tax, 12th St/27th Ave Intersection Retainage Utilities Relocations 12th St/27th Ave Relocation Retainage Account No. 315-206000-02033 ($70,515.86) Account No. 471-206000-13518 ($705.00) F:\Public WoMTNGINEERING DIVISION PROJECTS\9334-12th Street & 27th Avenue Intersection Improvements\Admim\agenda items\BCC Agenda Change 147 Order No. I and Release of Retainage 2-10-201 S.doc Page Two Change Order No. 1 & Release of Retainage — 12th St/27th Ave For February 3, 2015 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 1 to Timothy Rose Contracting, Inc., decreasing the contract total to $1,424,417.27 and of Timothy Rose Contracting, Inc. Contractor's Application for Payment No. 6 in the amount of $71,220.86 for release of retainage. ATTACHMENTS 1. Change Order No. 1 2. Description of Itemized Changes 3. Timothy Rose Contracting, Inc. Contractor's Application for Payment No. 6 DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent 2. Timothy Rose Contracting, Inc. Indian River County Approved, Date Administration /J APPROVED AGENDA ITEM Budget Legal 1. `` � ?- IS! FOR February 10; 2015 - Utilities 3• s BY 7 Public Works Engineering c F:\Public Works\ENGINEERING DIVISION PROJECTS\9334-12th Street & 27th Avenue Intersection Improvements\Admim\agenda items\BCC Agenda Change 148 Order No. 1 and Release of Retainage 2-10-2015.doc SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 2/10/2015 EFFECTIVE DATE:2/10/2015 OWNER: Indian River Countv CONTRACTOR Timothv Rose Contractina. Inc. Project: 121 Street & 27th Avenue Intersection Improvements OWNER's Project No. 9334 OWNER'S Bid No. 2013021 You are directed to make the following changes in the Contract Documents: Reason for Change Order: To make final adjustments to bid line items for final payment. Attachments: (List documents supporting change) Letter from Timothy Rose Contracting, Inc. dated 1/6/2015 explaining additional days to contract. Description of Itemized Changes CHANGE IN CONTRACT_ PRICE: Description Amount Original Contract Price $1.525.216.32 Net increase of this Change Order: ($100,799.051 Contract Price with all approved $1,424,417.27 Change Orders: ACCEPTED- By CMITRACTOR (Signature) Date: j ��/ /S CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days and dates) Substantial Completion: 180 3/27/2014 Final Completion: 210 4/27/2014_ Net increase this Change Order: Substantial Completion Final Completion Contract Time with all approved Change Orders: Substantial Completion Final Completion RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: (days) 57 57 (days and dates) 237 5/24/2014 267 6/24/2014 By: OWNER (Signature) Date: 00942 - Change Order Form 2-10-2015 149 00942-1 F:%Public Works\ENGINEERING DIVISION PROJECTS\9334-12th Street & 27th Avenue Intersection ImprovementsWdmim\agenda items\00942 - Change Order Form 2-10- 2015.doc Rev. 05/01 12th Street and 27th Avenue Intersection Improvements IRC No. 9334 Description of Itemized Changes (Item No. (Description of Change I Quantity I Unit I Unit Price I Price Increase I Price Decrease I 12th Street and 27th avenue Intersection Improvements Project No.9334 334-1-13 Superoave Asphaltic Concrete.(Traffic C) (SP 12.5) (1.5" Thick) 466.84 SY 10.57 $4.934.50 334-1-13A Suoeroave Asphaltic Concrete, (Traffic C) (SP 9.5) (1" Thick)(overbuild) 3.694.46 SY 6.68 $24.678.99 334-1-138 Superoave Asphaltic Concrete,(Traffic C ) (SP 12.51 (1.5" Thick)(overbuild) 296 TN 114.00 $33.744.00 430-175-112 Concrete Pipe Culvert Class III (12") 10 EA 98.00 $980.00 430-175-115 Concrete Pipe Culvert Class III (15") 79 LF 32.06 $2.532.74 1 430-175-118 Concrete Pipe Culvert Class 111 (18") 48 LF 37.96 $1.822.08 430-175-124 Concrete Pipe Culvert Class 111 (24") 40 LF 56.84 $2.273.60 1 522-1 Concrete Sidewalk (6" Thick) 738 SY 33.00 $24.339.48 706-3 R.P.M. Bi -Directional Amber/Amber 1 79 EA 6.00 $474.00 706-3-1 R.P.M. Bi -Directional White/Monor 22 EA 6.00 $132.001 711-11-121 Thermoplastic Solid TRaffic StriDe (6" White) 910 LF 1.10 $1.001.00 711-11-141 Thermoplastic Skip TRaffic Stripe (6" White 6-10"1 127 SY 1.10 $139.70 711-11-170 Thermoplastic White Standard Tum Arrows 4 EA 75.00 $300.00 711-11-221 Thermoplastic Solid Traffic Stripe (Double 6" Yellow) 421 1 LF 1 2.20 $926.20 711-11-224 Thermoplastic Solid Traffic Stripe (16" Yellow) 1 94 LF 3.30 $310.201 WCD1 18" x 23" elliptical Reinforced Concrete Pipe 8 1 LF 1 124.001 $992.00 WCD2 Additional Drainage (Risers) 1 1 LS 1 3.594.78 $3.594.78 WCD3 Additional Drainaqe 1 LS 4,452.03 $4,452.031 430-174-112 Aluminized Corrugated Metal Pipe (12") 23 LF 65.73 430-174-115 Aluminized Corruqated Metal Pipe (15") 72 1 LF 1 53.53 430-174-118 Aluminized Corruqated Metal Pipe (18") 1 25 1 LF 1 76.00 430-174-124 Aluminized Corrugated Metal Pipe (24") 1 25 1 LF 1 42.00 1 1I 711-11-125 Thermoplastic Solid Traffic Stripe (24" Stripe) 23 LF 4.80 1 1 Force Account 1 LS 200.000.001 1 SUBTOTALS 1 $107,627.30 1 Final Change Order F Wubk Work41ENGINEERING DIVISION PROJECTS0334-12th Sheet 6 27th Avenue Intefeection ImpovementsVldremlagenda ft Copy of Foal Change Order $1.511.79 $3.854.16 $1.900.00 $1.050.001 $110.40 $200.000.00 $208,426.35 -$100,799.05 150 January 6, 2015 Timothy Rose Contracting, Inc. 1360 Old Dixie Highway SW, Suite 106 Vero Beach FL 32962 (772) 564 7800 Phone (772) 564 7888 Fax Tim rose7(dcomcast.net Mr. Chip Boyette Indian River County 180127 1h Street Vero Beach FL 32960 Re: 12th Street & 27th Ave Intersection Improvements Dear Mr. Boyette, Chip, as you are aware, we had delays on this project due to AT&Ts lack of knowing where and what there cables were. Once we exposed AT&T cables/conduit, we determined that the only way to get under cables/conduit was to add two type H structures, one on either side of 27th Ave. We also had to change pipe from round to elliptical so we could get under AT&T. There was an additional 14 days lost due to procurement and installation. We were also delayed at 29th Ave waiting on AT&T and FP&L to bore and splice where cables were in conflict with installation of 60" RCP, which caused 14 days of delay. Again we had delays due to AT&T at the east end of project. There was a 50 pair cable in conflict with under drain and riprap, which delayed us another 6 days. We also had several rain events that ceased our operation, due to several ditches from north and south that drained directly into our pipe. On November 20th, we received 2.59" of rain and on November 21St, 4.23" of rain before the area had drained, we received another 1.5" of rain on December 1st. Due to these major rain events we could not begin installing 60" RCP east of 27th Ave until December 51h, 2013, of which was a total of 12 days delayed, due to 3 rain events. On January 15t 2014, we received 0.75" of rain which stopped RCP installation again until January 61h, in which 4 more days delayed. Another rain event was on January 29th, we got 0.50" and January 30th, we got 0.83" of rain where 5 days were lost. On February 12th, we received 0.75" of rain, in which we were delayed 1 day again and on February 21 we received 0.50" again we were delayed another day. The total days delayed were 57 days which would extend final completion date from April 27th to June 24th. Total of 57 days lost due to rain and AT&T. Sincerely Timothy Rose President, Timothy Rose Contracting 151 SECTION 00622 - Contractor's Application for ��l Payment REVISION # 2 Application for Payment No 6 For Work Accomplished through the period of 04/12/14 through 09/23/14 To: Indian River Countv (OWNER) From: Timothv Rose Contractinq, Incorporated Contract: 9334 Project: T27 -Street and 27th Avenue Intersection Improvements OWNER's Bid No. 2013021 ENGINEER I.R.C. Public Works. (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): 5 % of completed Work/Materials: $0 % of retainage: $ Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: 8. DUE THIS APPLICATION (6 MINUS 7): $1,525,216.32 0.00 $1,525,216.32 $1,424,417.27 $1,424,417.27 $1,353,196.41 $71,220.86 CONTRACTOR'S CERTIFICATION: I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below. Dated 10/03/14 State of Florida County of Indian River Subscribed and sworn to before me this 03 day of October 2014 Notary Public My Commission expires: 10/03/15 Timothv Rose Contractina, Incorporated (CONT o. �MAAnn.�r� DEBORAH DE'EST MY COMM[SSION J r??1368gy E)UTM: fn -fAXY C3, _u i 3 v �. h :ter `� wr. hmae to Page 1 of 2 00622-1 152 C:\Users\0wner\Documents\12th St. 27th Ave. Intersection Imps\Cover PA #6.doc Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determinet isue. 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O S O O S S S O O $ S S O O O S S S O r r Cf b Pl (G m r m r r ' m m r r S 0 o 8 c co o S 0 S 0 S 0 S 0 S 0 S S S S S S S S S S S I S S S S a o 0 0 0 0 o c 0 0 0 0 0 0 I 0 6 0 ~ J ~ ' O m _ S S S o S S S S S S m - - S- SS y S- - o S S - �- ooF mmS ♦S mS- m600 m S pS N Or v < S iD m tV t+i avr •- 0 •- 0 0 0 Q fV 0 0 0 m 0 O 0 0 0 ' r Pl m r r r r r r O SG 8 0p O O N O O N N m S m < O S C 6 O n S O S N m n N N Y O Q b m O fV S N Oj a.� N G p_ 8 S S � S S S O S O O S S O O O S P fV 8� m n n n GO CCk N m y Y Y < :Sm y m H m pj 03 W O O s w 0 J IL m Lu W J C O U Q O Q W twig N ~ O f W Q m F Kp Sw Z Z S f W 1' % U 9 W m W C J LL _ 5 LU ZS 0 w F m Y J K W Q Z m w w O K W a ZO m O w i F=- J Nm O U w Z Q m U F w w m J Z w w C7 W w U U U U (,9 Z O (7 H J a.f F- � V1 w m W O Q U (Q� Z O O O Oow V p U W U U 0 m m m m W N K W z cn J J J W F f Q O W W F J v Fj Lou QZ_ to i f z w 3 ID N z J J J J co U w w m w uj y h z N 2 z � O O h z U 0 mg O f U >U U y W W U = m w wX IL y ~ z 9 g m N - `� _ O 7 157 iC u5 Ji d m of c'+ m W s rn m m 0 O O- !! m m m n n n n m m m m m m m m m (}I a . � 2 ! } , f / } k / § — — s \ ■. e ! - �� Cl N CS { \ 2 ! f \ — |! 2 ) k � a | ■ ! - �§ � 6 ) | - \ � � – —�— k ( � § k [ (}I a . � 2 ! } , f / } k / § — — s \ ■. e ! - �� Cl N { \ 2 ! f \ — |! 2 ) k � a | ■ ! - � § | - \ � � – —�— k ( � § k [ (}I a . 2 ) 7 } , f / } k / § — — s \ ■. e ! - �� Cl N { \ 2 ! f \ — |! 2 ) k | - � – —�— k 158 a . 2 ) 7 / } k / \ ■. e ! - Cl N { \ § f \ 158 INDIAN RIVER COUNTY, FLORIDA n' MEMORANDUM 1 v TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engineer SUBJECT: Work Order No. 1, MBV Engineering, Inc. East Gifford Drainage (411t Street to 43rd Street) IRC Project No. 1502 DATE: January 28, 2015 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with MBV Engineering, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 1 is to provide Stormwater improvements in the historic Spruce Park subdivision located in the Gifford area of Indian River County. The area of focus is a residential contributing basin comprised of approximately 40 homes bordered by 4111 Street to the south, 43rd Street to the north, the Florida East Coast Railroad to the east and 28th Avenue to the west. The neighborhood is currently underutilizing an available wet detention treatment facility due to the lack of a modern conveyance system. The proposed design improvements will consist of conveyance swales, culverts, and Stormwater structures within the County right of way and previously attained drainage easements. MBV Engineering, Inc. will provide the surveying, design, permitting and bidding services related to the above activities for a lump sum amount of $54,400.00. The design of this drainage improvement will be combined with the design of the West Wabasso Sewer Phase II project and submitted as one application for a Community Development Block Grant (up to $750,000.00). FUNDING Funding is budgeted in Account No. 31524319-066340-15017, Optional Sales Tax, East Gifford Drainage, in the amount of $54,400.00. 159 F:\Public Works\ENGINEERING DIVISION PROJECTS\1502-E Gifford Drainage -41st St to 43rd SI\Ndmin\agenda items\BCC Agenda MBV Work Order No I .doc Page 2 Work Order No. 1, MBV Engineering, Inc. East Gifford Drainage (4111 Street to 43rd Street) For February 10, 2015 BCC Meeting RECOMMENDATION Staff recommends approval of Work Order No. 1 to MBV Engineering, Inc. authorizing the above-mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a lump sum amount of $54,400.00. ATTACHMENTS 1. Work Order No. 1 2. Scope of Work (Exhibit A) DISTRIBUTION MBV Engineering, Inc. Indian River County APPROVED AGENDA ITEM Administration Approved/ Date FOR February 10. 2015 BudgetLegal1 �/15 BY Public Works Engineering 160 F:\Public Works\ENGINEERING DIVISION PROJECTSA502-E Gifford Drainage -41st St to 43rd StWdtnin\agenda items\BCC Agenda MBV Work Order No. I .doc WORK ORDER NUMBER 1 EAST GIFFORD DRAINAGE (41sT STREET TO 43RD STREET) This Work Order Number 1 is entered into as of this _ day of , 201J pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 0 day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MBV Engineerin -lnc. By: Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Wesley S. Davis, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approve Josep . Baird, County Administrator Approved as to form and legal sufficiency:_ Qylan T. Reingold, County Attorney 161 EX WIT 1 INDIAN RIVER COUNTY ENGINEERING DIVISION GIFFORD STORMWATER PROJECT E X H I El T A GENERAL It is our understanding that Engineering Division intends to provide stormwater improvements in the historic Spruce Park subdivision located in the Gifford area of Indian River County. The area of focus is a residential contributing basin comprised of approximately 40 homes bordered by 411 Street to the south, 43' Street to the north, the Florida East Coast Railroad to the east, and 281 Avenue to the west. As per coordination with County staff, the neighborhood is currently under utilizing an available wet detention treatment facility due to the lack of a modem conveyance system. The proposed design improvements will consist of conveyance swales, culverts, and stormwater structures within the County right of way and previously attained drainage easements. MBV Engineering will provide the surveying, design, permitting, and bidding services related to the above activities. SCOPE OF WORK specific The scope of work has been detailed below and represents the services provided for the above referenced project site. TASK 1— SURVEY (EXISTING CONDITIONS) CONSULTANT will obtain the boundary and topographic survey for the area to receive the improvements. In addition, the CONSULTANT shall locate all visible aboveground utilities, structures, paved areas, and buildings within the improvement area. TASK 2 DESIGN SERVICES 2.1 CONSTRUCTION PLANS CONSULTANT will prepare 24" x 36" design drawings for the above described improvements. The design drawings will include Site Plan layout, Pavement Design Details and Erosion Control Plan and Details. 2.2 SPECIFICATIONS CONSULTANT will prepare technical specifications for the proposed improvements. County will provide in an electronic format of the Division specifications that are applicable and CONSULTANT will modify them as required to make project specific. 2.3 CONSTRUCTION COST ESTIMATE CONSULTANT will prepare estimates of probable construction costs at approximately 60, 90 and 100 percent levels of design completion. Pagel of 3 162 2.4 COUNTY REVIEWS CONSULTANT will attend three (3) progress review meetings with Engineering Division staff at approximately 60, 90 and 100 percent levels of design completion. A single set of review comments shall be provided to CONSULTANT from Engineering Division staff prior to each review meeting. TASK 3 PERMITTING/ BIDDING SERVICES CONSULTANT will prepare the following permit applications and associated submittals for the following agencies: • Indian River County ROW Permit • Indian River County Land Clearing Permit • Indian River County Tree Removal Permit (if required) No wetlands, endangered species or other ecological permitting is anticipated or included herein. CONSULTANT shall respond to up to one (1) request for additional information by each of the permitting agencies. County will be responsible for all permit fees. The County shall be responsible for setting the bid opening date, advertisement of the bid, scheduling the pre-bid meeting and scheduling the bid opening. The CONSULTANT will prepare a .pdf of the bid documents for the County's use in distributing bid documents to prospective bidders via Demand Star. DELIVERABLES CONSULTANT shall provide the following: • One (1) hard copy (24" x 36") of bid documents Final Drawings • One (1) hard copy (11" x 17") of bid documents Final Drawings • One (1) PDF electronic copy of bid documents (drawings and specifications) • Technical Responses for one addenda as required for clarifying responses from pre-bid meeting • Bid Award Recommendation Letter The services described herein will be provided based on the following number of days from the County issuing the Notice to Proceed (NTP), unless otherwise noted: TASKS 1-2 50 days from NTP TASK 3 90 days from NTP Page 2 of 3 163 COMPENSATION: Compensation for Engineering Division Work Order No. 2 services described herein are detailed below for each location and will be based on the lump sum Method in accordance with Section 5 of the Agreement. The total estimated fee shall not exceed $54,400 without mutual agreement by the County and CONSULTANT. The compensation for each location shall be as follows: Gifford Stormwater Proiect Task 1— Survey Task 2 — Design Services Task 3 — Permitting/ Bidding Services Total ADDITIONAL SERVICES: $33,400 $18,500 $ 2.500 $54,400 (Lump Sum) When required by the County or the Contract Documents, where circumstances exist beyond the CONSULTANT'S control, CONSULTANT shall provide or obtain from others, as circumstances require, those additional services not listed as part of the Work Order. CONSULTANT shall notify County promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement. Professionals and vendors intended to provide additional services shall first be approved by the County, in writing, by the County's Project Manager. Page 3 of 3 164 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM So_ TO: Joseph A. Baird; County Administrator F1102.11911-51 W 11 01COMIARROMM Stan Boling, AIC Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: January 26, 2015 SUBJECT: Indian River Preserve, LLC Request for Extension of Site Plan Approval for a Multi -Family Development to be Known as The River Preserve (SP -MA -12-12-22 / 2001030063-69561) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 10, 2015. DESCRIPTION & CONDITIONS On January 24, 2013, the Planning and Zoning Commission granted major site plan approval to construct a 96 unit apartment complex on the western 16 acres of the overall River Preserve development site located at 9900 U S Highway 1. Currently, the site plan approval expiration date is January 24, 2015. On January 16, 2015, John H. Blum, P.E., of Carter Associates, Inc., on behalf of Indian River Preserve, LLC, the project applicant, filed a request to extend the site plan approval expiration date. The developer has requested an extension due to the economic downturn which has delayed construction activities (see attachment #1). ANALYSIS Although minor amendments have been made to the LDRs since the development was initially reviewed and approved, the Technical Review Committee (TRC) members agree that the amendments are not significant enough to require revisions or redesign of the project. Accordingly, all TRC members have reviewed and approved the extension request. As allowed under provisions of the LDRs, the developer is requesting a one-year extension of the site plan and related preliminary plat approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with conditions the requested extension. Staff has no objections to the Board granting the request since the site plan conforms to existing LDR requirements. Granting the request will set anew major site plan approval expiration date of January 24, 2016. 165 FACommunity Deve1opment\CurDev\13CC\2015 BCC\TheRiverPreserveExtensionrpt.rtf 1 RECOMMENDATION Staff recommends that the Board of County Commissioners approve Indian River Preserve, LLC's request for a one-year extension of the site plan approval for The River Preserve multi -family development with all original approval conditions to remain in effect. The new site plan approval expiration date will be January 24, 2016. Attachments: 1. Request Letter 2. Location Map 3. Site Plan 4. List of Approval Conditions APPROVED AGENDA ITEM: FOR: February 10. 2015 BY: At Indian River Co, Admin. Legal Budget Dept. Risk Mgr. App�o 'ed Date 7 �31 2 166 FACommunity Deve1opment\CurDev\BCC\2015 BCC\TheRiverPreserveExtensionrpt.rtf CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET • VERO BEACH, FLORIDA 32960-3472 • 772.5624191 • 772-562.7180 (FAX) JOHN H. BLUM, P.E., PRINCIPAL DAVID E. LUETHJE, P.S.M., PRINCIPAL GEORGE A. SIMONS, P.E., PRINCIPAL PATRICK S. WALTHER, P.E., PRINCIPAL MARVIN E. CARTER, P.S.M., Consultant to the Firm DEAN F. LUEPHJE, P.E., (FL& nn Consultant to the Firm January 16, 2015 Mr. John W. McCoy, AICP Senior Planner, Current Development Indian River County Planning Department 180127 th Street Vero Beach, Florida 32960 Re: The River Preserve Major Site Plan 2001030063 / SP -MA -12-12-22 Dear Mr. McCoy: FRANK S. CUCCURESE, P.S.M. CLINTON J. RAHJES, P.E. STEVE D. SNOBERGER, P.E. BENJAMIN D. SPEED, P.E. RECEIVED JAN 2015 4 COMMUNITY DEVELOPiv1ENT / By means of this letter, please be advised that we request a 12 -month extension on the expiration of the site plan approval for the above referenced project. As you may recall, the site plan was approved by the Planning & Zoning commission on January 24, 2013 with an expiration date 24 months from the date of approval. The approval extension is being requested due to the economic downturn in housing. Should you have any questions or require any additional information, please do not hesitate to contact me at our office. Sincerely, C TER ASSOCIATES, INC. ' Jo H. Blum, P.E. ncipal Cc: Mark Hoffman, Garden Homes N:IJHffiN 1-39E GH River Preserve\PermittinglCountylPlannninglSitePlanExtension.doc Serving Florida Since 1911 167 ENT 07r LO 0 0 0 0 d 0 O O 0 0 M (3D t'7 {TY} � z o °C o 0 0 8 0 0 0 0 0 T CV CD co SW J t LL y _ Uir Lr4D LL 3 LL _ J - r� t C�� • o cr66 I I T 0 -J w O 0 8 O O T o 0 O T OO O 0 O O M 0 O 0 f7 O T M � 0 m / oc M O %y� 0 Cl ~~ T rJY % 0 y0 C� o OD ENT 07r LO 0 0 0 0 d 0 O O 0 0 M (3D t'7 {TY} � z o °C o 0 0 8 0 0 0 0 0 T CV CD co SW J t LL y _ Uir Lr4D LL 3 LL _ J - r� t C�� • o cr66 I I T 0 -J w O 0 8 O O T o 0 O T OO O 0 O O M 0 O 0 f7 O T M � 0 m r 5 z 169 INDIAN RIVER COUNTY g' P MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI Community De el intent Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 2/2/2015 RE: D. R. Horton, Inc. Request for Partial Release of an Easement at 2253 West Ocean Oaks Circle (Lot 8, Ocean Oaks West Subdivision) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting on February 10, 2015. DESCRIPTION AND CONDITIONS The County has been petitioned by D. R. Horton, Inc., on behalf of the owners of a lot at 2253 West Ocean Oaks Circle in Ocean Oaks West Subdivision, for release of a one -foot portion of a ten -foot rear yard drainage easement on the lot. The purpose of the partial easement release request is to allow for an unenclosed swimming pool deck (see attached maps). ANALYSIS The request has been reviewed by AT&T; City of Vero Beach Electric, the Vero Beach Water and Sewer Department; Comcast Cable Services; the Ocean Oaks West Property Owners Association; the County Road & Bridge and Engineering Divisions; and the County surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested partial release of easement. Therefore, it is staff's position that the requested partial easement release would have no adverse impact to drainage or utilities pertaining to the subject property or to other properties. 19 0LK83u_lu13a.1XV Is13i;l Staff recommends that the Board, through adoption of the attached resolution, approve release of the one - foot portion of the rear yard drainage easement described in the resolution. 172 D R HORTON INC Release of Easement Page 2 ATTACHMENTS 1. Map(s) depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. APPROVED: FOR: February 10. 2015 BY: I.R. County Appr750 Date Admin. -M' Legal r Is Budget (�I 15 Dept. 4-79 2/jls- Risk Mgr. ease.bccmemo proj./appl. no. 2014040035/73794 173 10 v w Z(D Z O� F H O M M Oa. mcn Z ¢ '�'^O VJ O LL �o Z Wwo F -w �o R F- Z Z <m ❑ Ox z w Z° Q" Wz Z O U� O° IL LL O F— .9 a <SYNa oc y oJvl $ .WY < ks j pier, O?Ws m O � <�k��j 2. ` Q83h � ¢ Y r w cYj g Q o w`�: a� a pE �' n O w F- W `gaS� _ 8 LL O Wz �t Q LL 1 0OW O U• z x ZX U W a � ggF- "" 9 .4 d~ �❑ 6 4Qz F n bi a�1 ` LL � as �W IL F g H 4� - QN w �� Y v cWi v w Z(D Z O� F H O M M Oa. mcn Z ¢ '�'^O VJ O LL �o Z Wwo F -w �o R F- Z Z <m ❑ Ox z w Z° Q" Wz Z O U� O° IL LL O F— .9 a U r Z W w ATTACHMENT ........ ....... .,.,.. _... , - _ _ — � .� , 174 <SYNa U r Z W w ATTACHMENT ........ ....... .,.,.. _... , - _ _ — � .� , 174 00 N Ln @ �h i rot 0= Ts 1115 8 88.mwW,,3888w882888888 8888 888 m R X ft8s�Ss��&s��rs88as�gsas�:Va"r `eras- a:_�eaR_x_asv��aao�€� a a G ZONINOSE, l't FAH OPKS alE +, i"� �hH` OC DOK \3���� „00 Poo Oil " r►$ aovarrt iae.00•I d IN j8j� �t 8 �0x�e e9 fl;, � ar3ns o �o ATTACHMENT 1 175 IW-d C..* $1 724-2N0 NSD IMAMN 110U u. MPE , 141 { 1r." `t'"" 132'x'- 1 !mwL�o+a~ we i Aol 1 "OYSTER BAY SUBDIVISION" I -s f N 5/8" IRON ROD V OMANAN LFENCE (PLAT BOOK 12, PAGE 96) >� (/3909) � a1 MTrTI NB930'S9`E =100.00'(R 99.83'(Y� k' N8I922134"E 100.00 (R .' UMIT OF PLAT (,• ter: _ 1- =s 6 10' DRAINAGE EASEMENT '�k ' owLLADoom g , t ; �:, « . • _ 'fes �.�sti.�.:�r��r`o�r e MAP OF SURVEY 0 5`h.NF CERTIFICATE OF-AUTHORIZATION POOL L.B. 7426 - - - - - zs auhk'41- ACCORDING TO MAP N0. 12Do1CW" K. DATED OEC. A THIS PROPERTY I UES N f7A00 201E ')'.. MSO LRS ■11d 110 CES H 4 J � � _ - GNAPEE CWlS7AL rARI11TA ME5011NCE2 SYS"a ESTAHIMm 10/01/11W �g�. At 7�� EEVA11M4 BATED a MaRIH s DOWS AAETOCAN /2;RTCAL OATAI 6 IMTS I - FMaEao F2rsIED i2.3G FOOL O v 7 Ems- [�ua M04 77 ww4ae�lis s1a,N2 �� f tb 1re� 6+ ' I F glr tr�woays Alf�ON 7%MAN RIVER C"m /auP.b+kA•T9N.-./A..w....E (V :v d 1 r11MwYMIA/ n M 2 STCM CAR 4 Y. PUN rr.6- L57• F I W V ♦n LSM z .ovi C-4 w I ov +io tl.a PAVER N> I 8M 1 --27 , hPI F I ao� I oc� C7 Now 1 fL - OJ 6. � 4 ZPAVER"OoP w I I 8 crt- aI3' 3.4' 04 I N CURVE DATA: $ r I I M C35: R=25' D-533'23` A-Z42' zO r ss O C36: R=125' D-16'23'06" A=35.75' ?CTS 1T _lli N N� .- FR T-. a CION PLANS M E. 15' OMOPIC ♦ POOL 5' PATO 1 DEIXS 4' OFFSET ¢ FIEAIC 25' O LO M 2L3Y t5.t4'- O 3' PATO t OECIS , ,R/W �70' 0 1 2' MIAMI �4.� CUB ♦ OUTTER-r. �/ N n ll P �l T \ ' k.-p% �jV,q T7 3� PROPERTY ADDRESS: 2253 WEST OCEAN OAKS CIRCLE rt �? "TC�71 �k O VERO BEACH. FLORIDA 32963 pI CERMED T0: O.R. NORTON, INC, THIS SURVEY DOEs,OR DETERMINE OOLERSNr I OCOPYROGM 2014 SYRH ♦ ALSSOMaM SLNYETNG AND HtM*WjC, PNC. NOT VALID T ODW THE 9ONAtt1RE AND THE ORIGINAL RAISED SEAL Or A FLORIDA AND NAIiIER. SURVEYORS NOTES LILL&W. f N UAL - ME MTM INN 0Ti MR 10 NKDA1 1. IA0 MMMI NQEOM NMIE MO /M101CRD FOR A0/0NM 0®L RIQQ-0f-NN. 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Il IAT ONOIMON MM EM■IOO AE TOCOIM AND LO7aNm uwm 011aNSE IDLED. COM. ' APPOOM OOiWE (i1PJ - TOM ® - 2�1 6W1 MNIIOLF ❑ - n r_NG m;w W1Mm 14 lMPK W O6 AM TELT I [OMNI 1111E APOIINNIIE LOCKTOG AND 01END E PW LOP.. OE 0 11MmO e • ipMMM ML NMMLEAMYOU ♦ W ! MI 1EIrNf- In WIWl � OY COMIMMw FOO OOMEQ POW" AMO IMPAR MN TAX . AFMOL NE O PIAPE ■ . o011OA1 ML 1001 A . Q 111/ME MM. IL MORN ROMP M MrON COMES UN M040M TME NNW M WAD NOOK R N RM LOO.. APWL 0K OF 0001 p . 062 M{IMN low O . AM a NIR all APNgYr[ PMBOM OLY. LaF 8. ,L ANL MP-0I-NMT. M1L1'N. OFR ROAM. MID AMME7 OErI i NON II[ �� TON1 Cell, M rDNOE tPUNS OIaME NNW O MOOED 1D `PLAT OF OCEAN OAKS 1M1~ST SUBDMSKMi 17. PMMAM a NON a NOT qAM TME NfMOLm BY C0I111100M AS REDOROED N PLAT BOOK 1II, PAGES 21-23 PUBW RECORDS OF Now ROVER CDIRRY, FLORA► A. ll®IIM FOLNFE AOCIOICL TOPONOMM IAM FD6NET oLEA, 1rL1Q, NMMooes, 11 i;1C. By F0U1 Frio. MNLEMaL DAMEL AD INA NM1oW A FWOM: AlMM1.7 ism O PUS ON IANLG GM FEET. 15 J . Io. 1DMOE FUAME AOCLftCr. LYIMO1Ofb M INE VIE FOIOIIQ IMIEOO, bum m { .. INYE A 1QIOE FWW ACOMCf O PUG OA IMM L/0 FEf. �A�piO� P 1 a TNM MAW MMR INE SKE MEMITT Or THE POM NAEP HEI M Ar FOR W � PLAN IMII . 6: .EVM r 110E ,MM ■MND MOTE R6i0 OPON n AW OTIEN QTY. M ■ IVOW ANT &UM ONE. 1 11 IS1 21. TE MPCm IME Or 09 LAID r OurUNE. we M6NM MANE Noun A�ONCT r : r r t no 7M2 /7FE Or rxpowit swou M 1 mN N 7.ow /ECF 1NNL W MET N K OAK OF 710 MOEY. i 1 . ! . 21 ML IOIIRUR 11110) M PO P0IMNC 71E FUO WON AM001W m Im M011AT O1N(` } mm me OYMOM. AL low 1« PMPCOM "m AM . 7001 swam i L t L : (S L - - ODO M OLELiY 10 A IMAM Or 2 EOOM2 PER MOI 101 A MiTAQ AOOIIN.Y O 1 NNT N MOOD. ALL OMA OMI 1' 1 1- IrOM A FUD WA OOLICIOR AM P'ROF[SMpNAI MTNE1'OR t 1NP1'pl N 1E7NP0■9E OIMrE OW"OIOIPL FWD IIOIM ONE OONMMY 06 FOVOINED E OFANC A CLONE) NEVI A ANI/1 - PLORr1A Ct1RIP10AlE Ir. H97 OTMRTNC NRR ASD Alli' SK MMM ,M MINE ZION A OfDIFMNOY O IOpNOBPL AIPIILIY J. 911fIM - RIPIOA CERNN A, E M0. -POOL 1= t IIGE W 44 - "IE rnra it w 4K n 176 RESOLUTION NO. 2015 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 8, OCEAN OAKS WEST SUBDIVISION WHEREAS, Indian River County has an interest in a drainage easement on Lot 8 of Ocean Oaks West Subdivision; and WHEREAS, the retention of a portion of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement portion: the south one (1) foot of the north ten (10) foot drainage easement less and except any portion of the east five (5) foot drainage easement of Lot 8, Ocean Oaks West Subdivision, according to the plat thereof recorded in Plat Book 18, Page 21, of the Public Records of Indian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner seconded by Commissioner , and adopted on the day of 2015, by the following vote: Chairman Wesley S. Davis Vice -Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman declared the resolution duly passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk ATTACHMENT 2 177 RESOLUTION NO. 2015 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2014040035/73794 Cc: Applicant: D R HORTON INC 100 RIALTO PL STE 800 MELBOURNE, FL 32901 178 INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Develo ment Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 2/2/2015 RE: TRG CFG PROJECT IV, LLC Request for Partial Release and Replacement of a Conservation Easement at 6055 and 6059 Sequoia Circle (Huntington Place Subdivision) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting on February 10, 2015. DESCRIPTION AND CONDITIONS The County has been petitioned by TRG CFG PROJECT IV, LLC , owner of lots at 6055 and 6059 Sequoia Circle in Huntington Place Subdivision, for release of a portion of a conservation easement on the lots (Lots 10 and 11) within the subdivision. The purpose of the easement release request is to allow for a subdivision monument sign at the southwest corner of the intersection of 58th Avenue (King's Highway) and 61st Street where the lots are located. Concurrent with the requested partial release of easement, two new, comparable replacement conservation easement areas on the lots are to be dedicated to Indian River County (see attached survey sketches and descriptions). ANALYSIS County environmental planning staff has evaluated the condition and location of the existing upland conservation easement at the location of the proposed sign area and the condition and location of the proposed replacement conservation easements. Staffs finding is that native upland vegetation within the replacement easements, if supplemented with native plantings, will be comparable to vegetation in the portion of the easement proposed for release. Also, there is an existing fence along the conservation easement boundary that will need to be relocated to incorporate the replacement easement areas. Subject to those parameters, release of the requested portion of the conservation easement will allow for placement of the proposed subdivision monument sign at a reasonable location without a net loss to conserved upland resources. frM TRG CFG PROJECT IV, LLC Partial Release and Replacement of Easement Page 2 This request has been reviewed by County planning staff, County attorney staff, County engineering staff, and the County surveyor. None of the reviewing staff expressed an objection to the requested easement release and replacement, provided the relocation of the conservation easement boundary fence and planting of supplemental native vegetation in the replacement easements (previously referenced herein) occur prior to County recording of the easement release. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Adopt the attached resolution, approving release of a portion of the conservation easement in Huntington Place subdivision as described in the attached resolution, subject to the following conditions: (a) Prior to recording of the resolution, the conservation easement boundary fence shall be relocated to incorporate the replacement easement areas, and (b) Prior to recording of the resolution, the replacement easement areas shall be supplemented with native plantings subject to county environmental planning staff approval. 2. Accept the proposed replacement conservation easements and authorize staff to have the replacement easements and resolution simultaneously recorded in the public records (subject to the above noted conditions). ATTACHMENTS 1. Copy of easement release application. 2. Plat excerpt and sketch showing proposed easement release and replacement areas. 3. Proposed County resolution partially releasing easement (with survey sketch exhibit). 4. Proposed replacement easement with survey sketch (to be recorded concurrently with the easement release resolution). APPROVED: FOR: February 10, 2015 BY: I.R. County Approv Date Admin. /y Legal Budget 7 15 Dept. Ix / 5' Risk Mgr ease.bccmemo proj./appl. no. 2015010048/73975 180 Indian River County Board of County Commissioners 1801 17`h Street Building A Vero Beach, Florida 31960 772-226-1237 TRG CM PROJECT IV, LLC , hereby petitions the Indian River Coun County Commissioners, to vacate a Conservation Easement described as: (describe street, alley, road, easement, etc.) Lot 10 A portion of--__ -,-- - — - -. — - located in (address) Huntington Place starting at (subdivision name, parcel or tract) and terminating at laying adjacent to (or in) Block , Lot , Section , Township _ ` , Range , as recorded in Plat Book 22 Page 44 , Public Records of Indian River County, .Florida. The reason for this request is (should include intended use of property): To construct a monument sign at the southwest corner of 58th Avenue and 61 st Street to be located on Lot 10 in the rear 25 feet of the conservation area; create new conservation area on Lot 10 1,073 sf) and Lot 11 (594 sf) Petitioner Name (Please Print): TRG CFG PROJECT IV, LLC Address: 135 2nd Avenue North, Jacksonville Beach, FL 32250 Telephone: 904-242-9195 _ _ E-mail: clint@resource--groulD t Signature: ��- _ .. _ Date: Property owners abutting the portion of the road requested to be vacated: (if any) N/A Name Address Please submit to the Indian River County Community Development Department with required fee (payable to Indian River County), with a copy of appropriate plat, tax or description map NOTICE Prior to formally applying for a right-of-way abandonment request, planning staff strongly encourages you to contact the planning division, public works department, the utility services department, and road and bridge to ascertain any preliminary staff objections or comments regarding your proposed request. Staff also encourages you to contact any neighbors that could be affected. Such preliminary contacts with staff and neighbors may save you time and money. Note: Later in the process, the right-of-way abandonment applicant will be responsible for having a surveyor provide a legal description and sketch for the right-of-way abandonment area. 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S^^�_YIPTVni Y'..�i^PIPrr pp 1^ Vnn O q q f n q^ V Y raj V INO Y01 N a w m OOi -- p m a � O ����jj8p8p8p88pp8p8og88p8p8888888$8g8S88888 `N 000 NNNN VOf YOfm hlmV NNN N N'a NYl Ylm N NH H W q'^mmillNN IV m NN V O�Oi O� V 01 OnGnnq P �J N u n n elf N V n n n N n I� YY11 > n V mNnmUO rvn V m101nt10 u u u b� tl ry n n n 2 12 tc� 183 k _ ppH V N Rai OQ W O Z+aig LO mKN � m a w L4j Q Q- O in _ 62, V2QSW''d aWm�3o ,ny J2p y Q y cos D;NkYNp�a ' 0 -K . orCL 0, Q Q �o,m CL a — q n �yY— (NU 0118/W .OPI m ^ - M-90,YO.00S 3nN3AV 4185 •69 LY9 M, dVO.00S I �' I �� - P•E I � ==Aq°f =_- -- mea► '+'• : 3SV3 MDU AN3SNOO ^", I Pira/ b16h._ xIa g�M.I£i0.02M 25 n y I ml I� �I gY s os•srtlseai'_—I ,c C4 l` ai' �. �Stj it zi I I , co W I\ i'n I R I i stqr r rso.ra' s• r I �•.' T' i I$I�_ $' 39i 0418 i ,a m l l i I Wjj I� I � rg L"!2 o z. !Nn $� IH$ r I J Ico Itosoo sslr_Isozz_ I I I iF 01 e e W1 11,12: $ R =I �� M; ra. RIS 25' 125' I I I I I - I I I $ AV -.401HOW G9J i '� YNUd AL iR slooW-11: laa saza s rc.cnoo s I g l � I >e'I mb•,Iwrr�amaz I. � � •c t I' e '.� .a.lM'al l0 2y�pp� 25• =I lr � I k loo I N �+ is w�)s•sl_r_rsasJ__ i'.N`, B' �� r M 1 A -'1 zs• zs• � + I loos s+ I s { o u ' �oobs•sl• r lso.er_ 9f S O�'IJ'SO• C 1]0.00 Y 13ss 3rnoiv� 3 �h� y�mmiC=nom i✓v � � � � �r!m � �o ion no -<h V nen r\+Innvvn` W tV lV q' b n n i-) 1� N V Y V m N V iV Ih m PP!'����. PInn VppI �•TI {.v�oil i<nl�VfP�rY�ppf �N�OOO mmO HOPP, 2 2 2 Z Z Z Z VI Z Z 2 2 2 2 2 2 0 2 2 10/1 , 10/1 q Y V z z �===Z �'4 _ OO IG CIi�00a?vq=m monnn+v m nomvm �nnn Id 1i rvrmi .+a nnln iin l°�nn�m+lnnn nn9i nnmm itm_ �W PPPP!oPmN VY! S^^�_YIPTVni Y'..�i^PIPrr pp 1^ Vnn O q q f n q^ V Y raj V INO Y01 N a w m OOi -- p m a � O ����jj8p8p8p88pp8p8og88p8p8888888$8g8S88888 `N 000 NNNN VOf YOfm hlmV NNN N N'a NYl Ylm N NH H W q'^mmillNN IV m NN V O�Oi O� V 01 OnGnnq P �J N u n n elf N V n n n N n I� YY11 > n V mNnmUO rvn V m101nt10 u u u b� tl ry n n n 2 12 tc� 183 -Z , \ cv 12 a, F.F.E. = 25.0 ✓' o I I I ( y I: 6Ln N z 0.$5' I En � t3` 50 R 158.9 1 ' I z rAA 11 ui F.F.E. = 25.4 �q ADDITIONAL 594 SF a 20.41' ON 25'R 530:14• �o�� \ AREA ERVATION N o R R R\ m o ------------ bp��q W W I I� 9 % " o I Ln 10 " ?S m bD F.F.E. = 25.4 qR� 9 of ES`��;ENo\F\Eo � RES N F.F.E. = 25.1 0 2NSER�RE �0, eS\GNP o; o GS. Al 0�IONSFL CONSERVATION NP(NE ..•... I \ AREA �� •!:;::'s::``: vii I : o V � _ e a 80.00 ' 1, — N►-- —9 85.89 X m � STING PROPOSED E�CIDS-54\ I 5 SIDEWALK N x x MONUMESIGN NT w $ V m J 58TH AVENUE 48LSTRCP�_ C o --------- ---� -- ------------ �--------- ----x----------- - —— � u N >-N x o I 0 Ix 184 RESOLUTION NO. 2015 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF A CONSERVATION EASEMENT IN HUNTINGTON PLACE SUBDIVISION WHEREAS, Indian River County has an interest in a conservation easement in Huntington Place Subdivision; and WHEREAS, a portion of the conservation easement, as depicted as "Sign Easement Area" on Exhibit A attached, is being replaced by comparable conservation easement areas on Lots 10 and i 1 in Huntington Place Subdivision, and therfore retention of the easement portion serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described conservation easement portion: ��r� rrrrlry; ��.�a � •f: ��:�rr� This partial release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner seconded by Commissioner , and adopted on the day of 2015, by the following vote: Chairman Wesley S. Davis Vice -Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman declared the resolution duly passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk ATTACHMENT 3 185 RESOLUTION NO. 2015 - APPROVED AS TO LEGAL FORM: 1". - ov County Attorney ease.bccdoc proj/apl. no. 2015010048/73975 Cc: Applicant: TRG CFG PROJECT IV, LLC 135 2nd Avenue North Jacksonville Beach, FL 32250 186 SKETCH OF LEGAL DESCR/FT/ON (NOT A SURVEY) EXHIBIT "A" 61ST STREET P.O.C. 8 0' R I G H T OF WAY NE CORNER TRA Cr L " P.O.B. L2 S 89.54'09"W n SOUTH LINE OF �p 55.00' SUB -LATERAL A-11 CANAL `P'c A FS %9? (� Q J z o �O J U LJ Li LINE BEARING DISTANCE V z 0 L 1 S 08'04'08"W 35.30'Q ~} W L 2 N 89'54'09"E 35.30' Q 3 Q O Z ry 0 00 0 00 2 Lf) GRAPHIC SCALE 1 SKETCH OF DESCRIPTION® ® 'f II°f5 SKETCH OF LEGAL DESCRIP7701V NOT A BOUNDARY SURVEY North IN FEET ( ) 1 inch = ET ft. PR051. N0, 05 -216 -SIGN EASE PLAT OF SURVEY FOR: SIGN EASEMENT DWN. BY. C.H.B. DATE: 01-28-15 CKD. BY: S.P.T. THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE MERIDIAN AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED /� SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND LAND SURVEYORS 17117 INDIAN RIVER BLVD, SllITE 201 / I \ SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE VFRO BEACH, FL 32960 LW6905 FRS' 772-794-1213,FLS 772-HAE`96 \,4NOTHER. E-hL1ll.: LB69US/a18ELLSUU7H.f�E7 / TAWI,kmg F9 -2W5 )85W-216 VPDATEy,EGNW5-216-SIGH EASE.dn V2%WIS N2:22 PK COYWGE(i MLS PAGE 1 1 01r 2 18% SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 05-216—SIGN EASE) • TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 N Legal Description: EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING A PORTION OF HUNTINGTON PLACE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT 1", SAID HUNTINGTON PLACE SUBDIVISION; THENCE RUN SOUTH 89'54'09" WEST (BASIS OF BEARINGS) ALONG THE NORTH LINE OF SAID TRACT "L", A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE, RUN SOUTH 45'00'51" EAST, A DISTANCE OF 42.36 FEET TO THE WEST LINE OF SAID TRACT "L"; THENCE RUN SOUTH 08'04'08"WEST ALONG SAID WEST LINE, A DISTANCE OF 35.30 FEET; THENCE LEAVING SAID WEST LINE OF TRACT "L", RUN NORTH 45'00'51" WEST, A DISTANCE OF 92.21 FEET TO THE SOUTH LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB—LATERAL A-11 CANAL; THENCE RUN NORTH 89'54'09" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 35.30 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1681.913 SQUARE FEET, MORE OR LESS. Legend & Abbreviations: (symbols not scaleable for size) PLS — PROFESSIONAL LAND SURVEYOR CR — COUNTY ROAD PSM — PROFESSIONAL SURVEYOR do MAPPER R/W — RIGHT OF WAY LB — LAND SURVEYING BUSINESS O.R.B. — OFFICIAL RECORD BOOK C — M — CENTERLINE MEASURED VALUE P.O.C. — POINT OF COMMENCEMENT P — PLAT VALUE P.0.8 — POINT OF BEGINNING SKETCH OF DESCRIPTION PLAT OF SURVEY FOR: SIGN EASEMENT SKETCH OF LEGAL DESCRIP77ON NOT A BOUNDARY SURVEY MERIDIAN NS SURVEY IS NOT VALM w11HOUT THE LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUrrE 201 SIGNATURE AND THE OFWNAL USED SEAL OF THE FLORIDA LICENSED SURVEYOR AND uAPPER VERO BEACH, FL. 32960 LB#690561// PHONE: 772-794-1213, FAX: 772-794-1096 NAMW BELOW. VN \ \-Iv E-MAIL: L86905Ca_�BELLSOUTH.NET CHARLES H. glµ ARD Pak 15755 T.'SWOAIOB FBefVM *BSWS-216 UVDATEµEC44"5-216-yf.N msLd p. L,,W-n1S WN M [OP WHT MLS PACE 2 OF 2 188 CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT, made and executed this _day of , 2015 by TRG CFG PROJECT IV, LLC, a Florida Limited Liability Corporation, whose mailing address is 135 2nd Avenue North, Jacksonville Beach, FL 3 2 2 5 0, hereinafter called Grantor, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called Grantee, WITNESSETH: WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County, Florida, which is currently undergoing development; and WHEREAS, Grantor finds that it is appropriate to retain certain land or water areas on Grantor's property in their natural, scenic, open, or wooded condition; retaining such areas as suitable for habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archeological, or cultural significance; and WHEREAS, the establishment of a conservation easement is required by Indian River County Wetland Protection Ordinance, section 928.06(3) to overlay all preserved, created, or enhanced wetlands or deep water habitats (and upland buffers, as applicable) associated with development site mitigation; and WHEREAS, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation Element, Policy 6.12 to preserve certain native plant communities in viable condition with intact canopy, understory, and ground cover: NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid, by Grantee, by these presents does grant a conservation easement upon and across that real property described in Exhibit "A" to Grantee which conservation easement shall run with the land and be binding upon the owner, its heirs, successors and assigns, and remain in full force and effect, enforceable by the Grantee either by injunction or proceeding in equity or at law, said easement specifically prohibiting any of the following activities: (a) constructing or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. (b) dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. (c) removal or destruction of trees, shrubs, or other vegetation. ATTACHMENT 4 189 (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface. (e) surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) acts or uses detrimental to the retention of land or water areas. (h) acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, archeological, architectural, or cultural significance. Notwithstanding any provision to the contrary herein contained, Grantor reserves the right for certain passive recreational uses not detrimental to the health of the ecological system. Notwithstanding any provision to the contrary herein contained, the above - stated conservation easement shall not transfer to Grantee any of the normal duties and obligations of the Grantor to maintain the fee simple property in a safe condition. Notwithstanding any provision to the contrary herein contained, the above - stated conservation easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purpose of mosquito inspection, treatment, and management. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servient estate. This easement shall be assignable to other governmental bodies or agencies, charitable organizations, or trusts authorized to acquire such easements. This easement may be enforced by the Grantee by injunction or proceeding in equity or at law. This easement may be released by the Grantee to the owners of the servient estate. This easement shall be recorded and indexed in the same manner as any other instrument affecting the title to real property. Grantor hereby covenants that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this day of 12015. 2 190 Signed in the presence of: GRANTOR: TRG CFG PROJECT IV, LLC, a Florida limited liability Corporation sign: print name: By sign: print name: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2015 by , the of TRG CFG PROJECT IV, LLC, a Florida limited liability corporation, on behalf of and as the act and deed of said corporation. He/she is personally known to me or has produced (passport/driver's license) as identification. NOTARY PUBLIC.- Printed UBLIC: Printed Name: Commission No.: Commission Expiration: 191 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) EXHIBIT "A" 61ST STREET 80'RIGHT OF WAY LINE BEARING DISTANCE L 1 S 00'05'51"E 25.00' L 2 S 00'05'51 "E 25.16' SKETCH OF DESCRIP11ON SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY P.O.C. NE CORNER TRACT L V i- V) Q u� z Y � O w +— Z O Ld >O Q 00 00 Ln GRAPHIC SCALE ® ® 30 0 IS 30 North ( 1N FEET ) 1 inch = 30 ft. PROD. NO. 05 -216 -CE -1 PLAT OF SURVEY FOR: CONSERVATION AREA DWN. BY: C.H.B. DATE: 01-28-15 CKD. BY: S.P.T. MERIDIAN THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE LAND SURVEYORS AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED 1717 INDIAN RIVER BLYD,SIITrE 20l SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND VFRO BEACH, FL. 32960 LBM6905 SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PHONE: 772-794-1213, FAx: 77I-794-1096 PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE E -NAIL: 1.116905(a)BELLSOL7HACT `AN?THF.R, r T:\Wwdkq EWVM MSE,05.216UPDATE\LEGALS\OS'T16CE•I.dns 1/24201S 4A&AS PM COPYMM MLS PAGE 1 OF 2 MN S 89'54'09"W rA SOUTH LINE OF 250.63' SUB -LATERAL A-11 CANAL J 49.01' N 89'54'09"E N 89'54'09"E 66.63' ONSERVA TION P.O.B. N S AREA N sass?3 LINE BEARING DISTANCE L 1 S 00'05'51"E 25.00' L 2 S 00'05'51 "E 25.16' SKETCH OF DESCRIP11ON SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY P.O.C. NE CORNER TRACT L V i- V) Q u� z Y � O w +— Z O Ld >O Q 00 00 Ln GRAPHIC SCALE ® ® 30 0 IS 30 North ( 1N FEET ) 1 inch = 30 ft. PROD. NO. 05 -216 -CE -1 PLAT OF SURVEY FOR: CONSERVATION AREA DWN. BY: C.H.B. DATE: 01-28-15 CKD. BY: S.P.T. MERIDIAN THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE LAND SURVEYORS AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED 1717 INDIAN RIVER BLYD,SIITrE 20l SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND VFRO BEACH, FL. 32960 LBM6905 SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PHONE: 772-794-1213, FAx: 77I-794-1096 PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE E -NAIL: 1.116905(a)BELLSOL7HACT `AN?THF.R, r T:\Wwdkq EWVM MSE,05.216UPDATE\LEGALS\OS'T16CE•I.dns 1/24201S 4A&AS PM COPYMM MLS PAGE 1 OF 2 MN r SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 05-216—CE-1) * TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY * THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.c. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. 05755 N Legal Description: EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING A PORTION OF HUNTINGTON PLACE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "L", SAID HUNTINGTON PLACE SUBDIVISION; THENCE RUN SOUTH 89'54'09" WEST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB -LATERAL A-11 CANAL, A DISTANCE OF 250.63 FEET; THENCE LEAVING SAID SOUTH LINE, RUN SOUTH 00'05'51" EAST, A DISTANCE OF 25.00 FEET; THENCE RUN NORTH 89'54'09" EAST, A DISTANCE OF 66.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'54'09"EAST, A DISTANCE OF 49.01 FEET; THENCE RUN SOUTH 00'05'51" EAST, A DISTANCE OF 25.16 FEET; THENCE RUN NORTH 62'55'23" WEST, A DISTANCE OF 55.09 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 516.536 SQUARE FEET, MORE OR LESS. Legend & Abbreviations: (symbols not scaleable PLS - PROFESSIONAL LAND SURVEYOR CR - PSM - PROFESSIONAL SURVEYOR & MAPPER RAW - LB - LAND SURVEYING BUSINESS O.R.B. - - CENTERLINE P.O.C. M - MEASURED VALUE P.O.B - �- P� - PLAT VALUE SKETCH OF DESCRIPTION PLAT OF SURVEY FOR: CONSERVATION AREA for size) COUNTY ROAD RIGHT OF WAY OFFICIAL RECORD BOOK POINT OF COMMENCEMENT POINT OF BEGINNING SKETCH OF LEGAL DESCRIPT70N NOT A BOUNDARY SURVEY THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE AND THE D SURVEYOR USED SEAL OF THE FLORIDA LICENSED SURYEYOR AND MAPPER 61 k x7w. CHARLES H. BLANCHARD, P.S.W. 15755 / PAGE 2 OF 2 193 MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUrrE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 E-MAIL: LB6905Q),BELLSO1I3'H.NET T�ww gEil.,V005 S�051-9, V24201SIM7 VM Cp R)GHT MIS for size) COUNTY ROAD RIGHT OF WAY OFFICIAL RECORD BOOK POINT OF COMMENCEMENT POINT OF BEGINNING SKETCH OF LEGAL DESCRIPT70N NOT A BOUNDARY SURVEY THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE AND THE D SURVEYOR USED SEAL OF THE FLORIDA LICENSED SURYEYOR AND MAPPER 61 k x7w. CHARLES H. BLANCHARD, P.S.W. 15755 / PAGE 2 OF 2 193 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) EXHIBIT "A" 61ST STREET 80'RIGHT OF WAY SOUTH LINE OF SUB -LATERAL A-11 CANAL P.O.C. NE CORNER TRACT "L " L1 LINE BEARING DISTANCE L 1 S 89'54'09"W 25.00' L 2 N 89'55'52"W 25.00' L 3 S 89'55'52"E 24.87' L3 Z � L 00 P c 3 CO 0 Oo P tj 0 t-3. o P.O.B. L2 U Q CD z O w I-- z0 w � Q 0 00 00 Ln i GRAPHIC SCALE 1 SKETCH OF 30 0 i5 30 DESCRIPTION ® ® I I I r SKETCH OF LEGAL DESCRIPT70N ( IN FEET ) NOT A BOUNDARY SURREY North 1 inch = 30 ft. PR0,1. NO. 05-216--CE-2 PLAT OF SURVEY FOR: CONSERVATION AREA OWN. BY! C.H.B. DATE: 01-28-15 CKD. BY: S.P.T. MERIDIAN THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE LAND SURVEYORS AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED 1717 RVDTAN Ri�'ER BLVD, SRS 201 SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND V INDIANRO RIVER 42960 "'.TE SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PHONE: 772-794-1213, FAX: 772-794.1094 PLAT AND REPORT ARE NOT FULL AND COMPLETE WTHOUT ONE E-T1ALL: LB6905!a1BELLSOL!TH.NET ANOTHER. J T:\Wwbn FOeF\2005101S\05-216 LNDATE\LFGALS\05 216 CE-2awg, V29/2015 1:41:22 PM. COPYI TM PACE 1 OF 2 194 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 05-216—CE-2) • TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.a. MERIDIAN LAND, SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 Legal Description: EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING A PORTION OF HUNTINGTON PLACE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "L", SAID HUNTINGTON PLACE SUBDIVISION; THENCE RUN SOUTH 89'54'09" WEST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB—LATERAL A-11 CANAL, A DISTANCE OF 25.00 FEET; THENCE LEAVING SAID SOUTH LINE, RUN SOUTH 00'04'08" WEST, A DISTANCE OF 195.69 FEET; THENCE RUN NORTH 89'55'52" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 16'06'47"WEST, A DISTANCE OF 89.22 FEET; THENCE RUN SOUTH 89'55'52" EAST, A DISTANCE OF 24.87 FEET; THENCE RUN SOUTH 00'04'08" WEST, A DISTANCE OF 85.69 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1065.377 SQUARE FEET, MORE OR LESS. Legend & Abbreviations: (symbols not PLS — PROFESSIONAL LAND SURVEYOR PSM — PROFESSIONAL SURVEYOR do MAPPER LB — LAND SURVEYING BUSINESS C — CENTERLINE (M) — MEASURED VALUE (P) — PLAT VALUE SKETCH OF DESCRIPTION scaleable for size) CR — COUNTY ROAD R/W — RIGHT OF WAY O.R.B. — OFFICIAL RECORD BOOK P.O.C. — POINT OF COMMENCEMENT P.0.8 — POINT OF BEGINNING PLAT OF SURVEY FOR: CONSERVATION AREA SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURREY MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL, 32960 LB46905 PHONE: 772-794-1213, FAX: 772-794-1096 E-NIAIL: LB6905(a),BELLSOUTH.NET T�W,,Wnp F,les\2005"5\05.216UPMTE\IEG L5\p5-216CE.2.dwq 1/29MR51s/131 PK CdPYP TMIS THIS SURVEY IS NOT VALID NITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA UCSLSED SURVEYOR AND MAPPER ()" ELOW. ® cHARLES H. BLANCHARO, P.S.M. J5755 PAGE 2 OF 2 195 INDIAN RIVER COUNTY MEMORANDUM 2 Rl� TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: -,,� 0;-e547 li Stan Boling, AICP(J Community Development Director FROM: Roland M. DeBlois, AICP-M> Chief, Environmental Planning DATE: February 3, 2015 RE: Approval of Change Orders and Release of Retainage under a Contract Agreement with Bayshore Construction, Inc. for Construction of a Wetland Boardwalk and Observation Deck on the Flinn Tract of the Lagoon Greenway It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of February 10, 2015. DESCRIPTION AND CONDITIONS On April 8, 2014, the County entered into a construction agreement with Bayshore Construction, Inc. to construct "Phase 213" wetland boardwalk and observation deck improvements on the Flinn Tract of the Lagoon Greenway (see Attachment 3). The Lagoon Greenway is located on the east side of Indian River Boulevard, south of Vero Beach city limits. Under the original construction agreement, the cost estimate for constructing the wetland boardwalk and lagoon observation deck was $278,393.91. For the Board's approval consideration, attached to this report are to two change orders that will revise the project cost to $283,903.76 (a net increase of $5,509.85). The Change Orders are summarized as follows: • Change Order 1: $6,452.00 for an additional 20 linear feet of wetland boardwalk and 116 additional linear feet of ADA hand railing, based on the actual linear footage needed to traverse the wetland vs. the bid contract estimate. Change Order 2: -$942.15 to account for an adjustment in building permit costs. The actual cost was $306.00, which is $942.15 less than the $1,248.15 estimate in the bid contract (re: a combined building permit was issued vs. two individual permits for the structures). 196 At this time, the Phase 213 wetland boardwalk and lagoon observation deck improvements have been completed. To that end, staff is requesting that the Board approve the change orders and final payment to Bayshore Construction, including release of approximately 5% of the project cost ($13,558.29) that has been retained pending completion of the project. ANALYSIS The Lagoon Greenway Phase 213 project entails construction of a +1,140 foot long wetland boardwalk and a lagoon observation deck. The County has been awarded a Florida Department of Environmental Protection (FDEP) Recreational Trails Program (RTP) grant and a Florida Inland Navigation District (FIND) Waterways Assistance Program (WAP) grant for the project. On September 13, 2011, the Board appropriated $209,000 in Park Impact Fees for the overall project. The allocated funds are reflected in the County's Five -Year Schedule of Capital Improvements. Account number 10321072-066510-11001 has been set up for this project. The budgeted cost estimates for the Phase 213 are summarized as follows: Lagoon Greenway Phase 2B Budgeted Cost Estimates Project Element Total Cost FIND Grant RTP Grant County Cost (50%) Construct +1,140' of wooden $200,000 $100,000 $100,000 N/A boardwalk Lagoon observation deck $92,000 $46,000 N/A $46,000 Project engineering oversight, $20,000 $10,000 $9,000 $1,000 permitting and inspections Totals $312,000 $156,000 $109,000 $47,000 Bayshore Construction Inc.'s bid contract of $278,393.91, adjusted to $283,903.76 by the attached two change orders, is within the estimated cost -range that has been budgeted for this project. To date, the County has paid Bayshore Construction $257,607.47 for the contracted work, leaving $26,296.29 (as adjusted by the attached change orders and including retainage) to be paid to close out the contract. County staff is in the process of applying for reimbursement from FIND and FDEP for matching grant funds. Funding The County Commission has approved up to $209,000 in Park Impact Fees for use as a match towards the Lagoon Greenway overall public access improvements. Account number 10321072-066510-11001 has been set up for this project. This expenditure is to be reimbursed from Account number 10321072- 066510-11001. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached change orders and release of retainage under the Lagoon Greenway Phase 213 Construction Agreement with Bayshore Construction, Inc., and authorize staff to process the final payment of $26,296.29 to Bayshore Construction using funding from the referenced account. 2 M:\LAAC\Flinn Tract aka Lagoon Greenway\FIND Grant App Phase B\Bayshore Construction Change Ord Rel of Retainage BCC item for 2-10- 15.doc 197 ATTACHMENTS: 1. Change Order No. 1 2. Change Order No. 2 3. Contractor's Application for Payment, including a table summary of costs. 4. Construction Agreement with Bayshore Construction, Inc. APPROVED: FOR: February 10, 2015 I.R.County Ap yed Date/ _ Admin.j-//j Legal / t Budget Dept. � Risk Mgr. v 3 M:\LAAC\Flinn Tract aka Lagoon Greenway\FfND Grant App Phase B\Bayshore Construction Change Ord Rel of Retainage BCC item for 2-10- 15.doc 198 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: EFFECTIVE DATE.- OWNER: ATE: OWNER: Indian River Countv CONTRACTOR: Bayshore Construction, Inc. Bid No.: 2014029 Project: LAGOON GREENWAY PHASE 2B BOARDWALK & OVERLOOK OWNER's Proj. # IR -12-53 This Change Order authorizes the following changes in the Contract Documents for the Lagoon Greenway Phase 2B Construction Agreement: Description: Change Order No.1 is to account for an additional 20 linear feet of wetland boardwalk needed to traverse the mangrove impoundment, beyond the estimated 1,140 linear feet specified in the original contract, and to account for an additional 116 linear feet of ADA hand railings to meet building code requirements. Reason for Change Order: • Actual linear footage of wetland boardwalk needed to traverse mangrove impoundment vs. linear footage estimated in bid contract agreement. • Actual linear footage of ADA hand railings to meet building code requirements vs. linear footage estimated in bid contract agreement. Attachment: (List documents supporting change) Bayshore Construction, Inc. December 22, 2014 correspondence with cost for additional 20 linear feet of boardwalk and 116 linear feet of ADA railings. CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $278,393.91 Net Increase of this Change Order: I $6,452.00 Contract Price with all approved Change Orders: $284,845.91 ACCEPTED By: CONTRAC b&gn�ature) Date: APPROVED: By: OWNER (Signature) Date: Approved by the BCC / /15 ATTACHMENT, 199 00942- 1 M:\LAAC\Flinn Tract aka Lagoon Greenway\FIND Grant App Phase B\Bayshore Construction Contract Change Order 1.doc 6834 Areca Blvd Bayshore Construction, Inc. Sarasota, FL 34241 Telephone (941) 927-8565 Fax (941) 927-5027 December 22, 2014 Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Roland Deblois Re: Indian River lagoon Greenway Change order #1 1. Additional linear footage needed to be constructed through the mangrove from dike to dike; 20 additional L.F. @ $195 per foot = $3,900.00 2. Additional linear footage of ADA railings to meet correct elevation; 116 additional L. F. @ $22 per foot = $2,552.00 Total change order: $6,452.00 Sincerely Submitted, Doug Martin President 200 SECTION 00942 - Change Order Form No. 2 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River Countv CONTRACTOR: Bayshore Construction, Inc. Bid No.: 2014029 Project: LAGOON GREENWAY PHASE 2B BOARDWALK & OVERLOOK OWNER's Proj. # IR -12-53 This Change Order authorizes the following changes in the Contract Documents for the Lagoon Greenway Phase 2B Construction Agreement: Description: Change Order No.1 is to account for an adjustment to actual cost for the County building permit for the work (less than contract estimate). Reason for Change Order: • Actual cost for building permit (less than contract estimate): $306.00 (actual) - $1,248.15 (contract estimate) = -$942.15 Attachment: (List documents supporting change) Summary of actual permit costs and payment receipts CHANGE IN CONTRACT PRICE_ : Description Original Contract Price Net Increase of this Change Order: Contract Price with all approved Change Orders: ACCEPTED: Amount $278,393.91 -$942.15 _ $283,903.76 APPROVED: By: By - CONTRACTOR (Signature) OWNER (Signature) Date: Date: Approved by the BCC / /15 ATTACHMENT 2 201 00942- 1 M:\LAAC\Flinn Tract aka Lagoon Greenway\FIND Grant App Phase B\Bayshore Construction Contract Change Order 2.doc BP 2014070746 (Lagoon Greenway wetland boardwalk and observation deck) Edit Detai �� Update It -if d Audit Infc), Code IDescription jAmount Due jDate Paid 1Amount �Status PAPPL APPLICATION FEE • 75 OR 200 $200.00 7/24/2014 $200.00 POSTED FCPR FIRE CONSTRUCTION PLAN RE' $100.00 9/2/2014 $100.00 POSTED - DBPR DEPT BUSINESS & PROF REG S $3.00 9/2/2014 $3.00 POSTED I DCA DEPT COMMUNITY AFFAIRS SU $3.00 9/2/2014 $3.00 POSTED PERM PERMIT FEE BUILDING DIVISION $200.00 9/2/2014 $200.00 POSTED PAPCR APPL CREDIT -AUTO ($200.0019/2/2014 ($200.00) POSTED } MW } Paid Fees $306.00 Pending Fees $0.00 Hold Fees $0.00 ►� + Return = IF 202 Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 2014071583 7/24/2014 11:18.08 AM 7/24/2014 PT 2014070746 Address: 850 INDIAN RIVER BLVD Owner: INDIAN RIVER COUNTY, SJRWMD, FL INLAND NAVIGATION COA #: Permit Type: BCADD Job Desc: WETLAND BOARDWALK & LAGOON OBSERVATION DECK Applicant: MARTIN, DOUGLAS, E DBA: BAYSHORE CONSTRUCTION, INC. Swr Meter: Wtr Meter: Payor: BAYSHORE CONSTRUCTION, INC. Fee Information Fee Code Description GL Account PAPPL I APPLICATION FEE - 75 OR 20011-441032-322010 Payments Payment Code I Account/Check Number MASTERCARD 02470G Memo: Total Total Cash Total Non Cash Total Paid Cashier/location: BLD12 User:BLD12 Amount Waived $200.00 $200.00 Amount $200.001 $0.00 $200.00 $200.00 /1 Indian River County CD -Plus for Windows 95/98/NT/2000/XP Printed: 2/2/2015 2:40:46 PM 203 Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 2014090004 9/2/2014 8:50:04 AM 9/2/2014 PT 2014070746 Address: 850 INDIAN RIVER BLVD Owner: INDIAN RIVER COUNTY, SJRWMD, FL INLAND NAVIGATION COA #: Permit Type: BCADD Job Desc: WETLAND BOARDWALK & LAGOON OBSERVATION DECK Applicant: MARTIN, DOUGLAS, E DBA: BAYSHORE CONSTRUCTION, INC. Swr Meter: Wtr Meter: Payor: BAYSHORE CONSTRUCTION, INC. Memo: Cashier/location: BLDDBW / 1 User:BLDDBW Waived Indian River County CD -Plus for Windows 95/98/NT/2000/XP Printed: 2/2/2015 2:39:47 PM 204 Fee Information Fee Code Description GL Account Amount j FCPR FIRE CONSTRUCTION PLAN RF114034-342210 $100.00 DBPR DEPT BUSINESS & PROF REG 14-441-208012 $3.00 DCA DEPT COMMUNITY AFFAIRS -441-208001 $3.00 PERM J14 PERMIT FEE BUILDING DIVISI1-441032-322010 $200.00 PAPCR APPL CREDIT - AUTO 1-441032-322010 $-200.00 Total $106.00 Payments Payment Code Account/Check Number Amount MASTERCARD 00287Z $106.00 Total Cash $0.00 Total Non Cash i $106.00 Total Paid $106.00 Memo: Cashier/location: BLDDBW / 1 User:BLDDBW Waived Indian River County CD -Plus for Windows 95/98/NT/2000/XP Printed: 2/2/2015 2:39:47 PM 204 c ca m N � p ON a t an o 7 O rn E « U N a i o O YO S _N o U ° 0) Y 1 a U N. L N �. mN a y ui C a, Z — o a Z � Zcc U m .� d C ° t >. 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U p O D U) N N LL O Qp OW c Cl) N W O N O m > -p C 2) :o :o EW o m p N 7 p = -VUU v z co< O N ` O O m C m Q Q mU Q J Z a •a' W p o a� o E J 60 C �- C Y C y o V Q O c c U U v Q i m aoi O a°i (o (YO = `m C `m F. N O Q O^ Co F aa-, C 00 O O m > Y C C m p Y C U N C O N N (a 2 •� N a 3 a' (0) N m O O N p� .. r0-• Z aa)i U w -o v_ > > Z m '2 m N U '2 aCU o, z U .5 o a� U 3 co 3 irn .0 O � O m a cn Q m o v. m SO a s f0 U �° c= U »r m 0 E .0 Q Q W O N (h (n O) U) co co Q�j a N 206 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and 3Avslgol�tE (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: Construction of Indian River Lagoon Greenway, Phase 2B 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 Lagoon Greenway, Phase 2B Bid Number: 2014029 Project Address: 850 Indian River Boulevard Vero Beach, FL ARTICLE 3 — ENGINEER 3.01 Knight, McGuire & Associates, Inc. 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 specifications are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 96th day after the date when the Contract Times commence to run. Page 1 of 7 ATTACHMENT 4- 207 ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work 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 Documents: Numerical Amount: $ ) c� WrittenAmount: 1 `n "I.ViLe t� V1 � VIA U fec ac&�, 1 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Progress Payments. 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 Bid and Specification 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. 6.02 Pay Requests. A. Each request for a progress 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 Page 2 of 7 208 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. 6.03 Paragraphs 6.01 and 6.02 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. 6.04 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 CONTRACTOR for all things done or furnished in connection with the work under this Agreement 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 this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, ENGINEER, and their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the 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 Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is 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. Page 3 of 7 209 D. 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. E. 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. F. 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. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A, The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive); 2. Notice to Proceed 3. Public Construction Bond (pages _ to ___, inclusive); 4. Certificate of Liability Insurance S. Invitation To Bid, Including Appendices A through C 6. Drawings consisting of a cover sheet and sheets numbered 1 of 3 throueh 3 of 3, with each sheet bearing the following general title: Indian River County Lagoon Greenway; Page 4 of 7 210 7. Addenda (numbers 1 to 2, inclusive); 8. CONTRACTOR'S Bid form (pages 11 to 12 of 26, inclusive); 9. Bid Bond (page 1 inclusive); 10. Bidders Questionnaire (page 9 to 10 of 26, inclusive); 11. Affidavit of Compliance (page 14 of 26); 12. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 15 to 16 of 26, inclusive); 14. Schedule of Work (submitted with bid, pages X through.X inclusive) 15. 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). 16. Contractor's Application for Payment (pages 1-5 inclusive); 17. Contractor's Final Certificate of the Work (Pages 1 to 2, inclusive) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal Page 5 of 7 211 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 shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 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. B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on AM V, . 24the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: Page 6 of 7 212 INDIAN RIVER COUNTY B 6'�� Y Peter D. O'Bryan, Chairman G By: ;U! seph A. Baird, County Administrator C Approved: 04-08-14 (Contractor) *t i (CORPORATE SEAL APPROVED AS TO FORM AND t -SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Co and Comptroll F Atte .� Deputy Clerk (SEAL) Designated Representative: Address forgiving notices: jr� . nTA,t_�11 4 l License No. C h C I< 1cj 7 41_ (Where applicable) Agent for service of process: Name: Roland M. DeBlois, AICP Designa4gd Representative: Title: Chief. Environmental Planning and Code Name: K. 16 ' CA LAV 0 i 6 Enforcement Section Title: V . p 180127` Street Address: Vero Beach, FL 32960 io$,34 A-Rec �) J� (772) 226-1258 !�(x e —,A- FL 34_�LAl Facsimile: (772) 978-1806 Phone: �1 �? r1- S?S6S Facsimile: 1 r`7 - $-0 a-1 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 7 of 7 213 2014029 Lagoon Greenway Phase 2b Construction Bid Form - Addendum 1 Indian River Lagoon Greenway Phase 2B Construction Bid #: 2014029 Bid Opening Date and Time: March 25, 2014 2:00 P.M. Bid Opening Location: Purchasing Division 1800 2771h Street Vero Beach, FL 32960 The following addenda have been received and are hereby acknowledged: Addendum Number Date In accordance with all terms, conditions, specifications, plans and requirements, the Bidder offers the following: Item a 1.10 J Mobilization 1 1.20 Clearing (Mangrove in boardwalk path) 1140 1.30 T wide Mangrove Boardwalk 1140 1.40 5' wide Lagoon Boardwalk (Grate Deck) 50 1.50 J Observation Deck Mangrove , 160 1.55 Observation Deck Lagoon (Grate Deck) J 160 1.60 ! Ramp Handrail (total 2 sides) 220 1.80 Surveying—Stake Submerged Lease Area/As-Buil 1.90 Indian River County Building Permit - Boardwalk 1.95 Indian River County Building Permit -- Observation Deck 2.00 J Public Construction Bond Unit �Prllce;per urAt Extended piript . is $ X11 $ 63H LF $ I $ cl LF J $ ��is I $?�13-00 1$ X19, �� $ , SF ) $ 33, 9:2. $S SF $ q,7, IS" 1$ LF$ x;,00 I$ LS$35x $� i 1 1 EA $ 954.90 $ 854.90 1 1 EA J$ 393.25 $ 393.75 1 J EA J$ �$ Total Bid Price I $'� Bid Price In Words Page 11 of 26 214 2014029 Lagoon Greenway Phase 2b Construction The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the Items above, subject to all Instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: n daV C, i Company Address: Lth) hKcry 1vJ, City, State A I Fl. Telephone: 9Yi- 9,;t E-mail: h&4 �'� ChlSf: r)1�f Business Tax Receipt Number:,2 3W 7 Autl►ori:ed Signatu Name: 11c1�1q rA�drP1 (type /Printed) Page 12 of 26 Zip Code 3 ya yi Fax: Y..2 7 -- 50, P_'? FEIN Number: , + ,` 397C Date: 3h y1 L_� Title: pp -es 1„j- ,1 - 215 the boara of county commissioners as specified in Section 312.18 of the Indian River County Code. The last ledger update was approved by the Board in April, 2014. FUNDING There is no funding impact generated by this action. ATTACHMENTS Draft Resolution and Ledger Documents RECOMMENDATIONS EXHIBIT "A" INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 TABLE OF CONTENTS ■ Traffic Signals ................................................ Page 2 ■ Flashing Beacons ............................................. Page 6 ■ 20 M.P.H. School Flashing Beacons ................... Page 7 ■ Speed Warning/Driver Feedback Signs .................. Page 8 • Traffic Cameras .............................................. Page 8 ■ Speed Limit Zones ........................................... Page 10 ■ School 20 M.P.H. Speed Limit Zones ................... Page 15 ■ Traffic Calming ............................................... Page 18 Page 1 of 18 220 11N MAIN K1VLK UUU.N FY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 I. TRAFFIC SIGNALS 1. 4th Street and 20th Avenue 2. 4th Street and 27th Avenue 3. 4`h Street and 43rd Avenue 4. 4`h Street and 58th Avenue 5. 4`h Street and Old Dixie Highway 6. 4th Street/Indian River Boulevard and U.S. 1 7. 5th Street SW and 20th Avenue 8. 5th Street SW and 27th Avenue 9. 5th Street SW and 43rd Avenue 10. 8th Street and 6th Avenue 11. 8th Street and 20th Avenue 12. 8`h Street and 27th Avenue 13. 8th Street and 43rd Avenue 14. 8`h Street and 58`h Avenue 15. 8th Street and Old Dixie Highway 16. 8th Street and U.S. 1 17. 12`h Street and 6`h Avenue 18. 12th Street and 20`h Avenue 19. 12`h Street and 27th Avenue 20. 12" Street and 43rd Avenue 21. 12th Street and 58th Avenue 22. 12th Street and Commerce Avenue 23. 12th Street and Indian River Boulevard 24. 12th Street and Old Dixie Highway 25. 12th Street and U.S. 1 26. 15th Place and U.S. 1 27. 10 Street and 14th Avenue 28. 16th Street and 17th Avenue 29. 10 Street and 20th Avenue 30. 16th Street and 27th Avenue 31. 10 Street and 43rd Avenue 32. 16th Street and 66th Avenue 33. 16th Street and Old Dixie Highway 34. 17th Lane SW and 27th Avenue 35. 17th Street and 10th Avenue 36. 17th Street and Indian River Boulevard 37. 17th Street/Causeway Boulevard and SR A-1 -A Page 2 of 18 221 Al I "&L'11 I 1V V r 1x \. V U 11 1 1 PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 I. TRAFFIC SIGNALS (continued) 38. 17th Street and U.S. 1 39. 201h Place and 6th Avenue 40. 21" Street and 6th Avenue 41. 21" Street and 14th Avenue 42. 21" Street and Indian River Boulevard 43. 23rd Street and 14th Avenue 44. 23rd Street and U.S. 1 45. 20 Street and 43rd Avenue 46. 20 Street and 58th Avenue 47. 26th Street and 60 Avenue 48. 26th Street and St. Lucie Avenue 49. 26th Street and U.S. 1 50. 32°d Street/Aviation Boulevard and U.S. 1 51. 37" Street and 10"h Court 52. 37th Street and Indian River Boulevard 53. 37"h Street and U.S. 1 54. 38th Lane/Old Dixie Highway and U.S.1 55. 41' Street and U.S. 1 56. 41S" Street and 43rd Avenue 57. 41' Street and 58th Avenue 58. 41" Street and Indian River Boulevard 59. 45th Street and 43rd Avenue 60. 45" Street and U.S. 1 61. 45"h Street and 58th Avenue 62. 45th Street and Indian River Boulevard 63. 53rd Street and U.S. 1 64. 53rd Street and Old Dixie Highway 65. 53rd Street and 24"h Avenue (Publix) 66. 53rd Street and 51" Court 67. 53rd Street and 58"h Avenue 68. 57" Street and 58th Avenue 69. 57"h Street and 66th Avenue 70. 69th Street and U.S. 1 71. 81" Street and 66th Avenue 72. 87th Street and CR 510 73. Aviation Boulevard and 27th Avenue 74. Bahia Mar Road and SR A -1-A 75. Barber Street and Schumann Drive 76. Barber Street/Pelican Pointe Drive and U.S. 1 Page 3 of 18 222 1114Lltil14 1" V Gll %-%jU114 1 1 PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 I. TRAFFIC SIGNALS (continued) 76. College Lane and 58th Avenue 77. College Lane and Schumann Center 78. CR 510 and 58th Avenue 79. CR 510 and 66th Avenue 80. CR 510 and CR 512 81. CR 510 and SR A -1-A 82. CR 510 and Treasure Coast Elementary 83. CR 510 and U.S. 1 84. CR 512 and I-95 (NB) 85. CR 512 and I-95 (SB) 86. CR 512 and 101" Avenue 87. CR 512 and 108th Avenue 88. CR 512 and Barber Street 89. CR 512 and Delaware Avenue 90. CR 512 and Easy Street 91. CR 512 and Fleming Street 92. CR 512 and Roseland Road 93.. CR 512 and Sebastian River Middle School (West Driveway) 94. CR 512 and Willow Street/130th Avenue 95. CR 512 EB and U.S. 1 96. CR 512 WB and U.S. 1 97. Fred Tuerk Drive and SR A -1-A 98. Highland Drive and U.S 1 99. Jackson Street and U.S. 1 100. Jaycee Park and SR A -1-A 101. John's Island Drive and SR A -1-A 102. Main Street and U.S. 1 103. Oslo Road and 20th Avenue 104. Oslo Road and 27th Avenue 105. Oslo Road and 43' Avenue 106. Oslo Road and 58th Avenue 107. Oslo Road and Old Dixie Highway 108. Oslo Road and U.S. 1 109. Roseland Road and U.S. 1 110. Round Island Park and SR A -1-A 111. Royal Palm Place/Boulevard and Indian River Boulevard/SR 60 112. St. Edward's School and SR A -1-A 113. Schumann Drive and U.S. 1 114. Sea Oaks and SR A -1-A 115. Sebastian High School (North Intersection) and CR 510 116. Sebastian High School (South Intersection) and CR 510 Page 4 of 18 223 11NMA1V K1 VEX LUU11i 1 Y PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 I. TRAFFIC SIGNALS (continued) 117. SR 60 and 43rd Avenue 118. SR 60 and 53rd Avenue 119. SR 60 and 58th Avenue 120. SR 60 and 66th Avenue 121. SR 60 and 74th Avenue 122. SR 60 and 82°d Avenue 123. SR 60 and 901h Avenue 124. SR 60 and 98th Avenue 125. SR 60 and I-95 (NB) 126. SR 60 and I-95 (SB) 127. SR 60 and Indian River Mall 128. SR 60/20th Street and 6th Avenue 129. SR 60/20th Street and 20th Avenue 130. SR 60/20th Street and 27th Avenue/Buena Vista Boulevard 131. SR 60/20 1h Street and Indian River Boulevard 132. SR 60Beachland Boulevard and Mockingbird Drive 133. SR 60Beachland Boulevard and Riverside Park Drive 134. SR 60Beachland Boulevard and SR A -1-A 135. SR 60/Merrill Barber Bridge and Indian River Boulevard 136. SR 60 Eastbound/19th Place and 14th Avenue 137. SR 60 Eastbound/20th Street and 10th Avenue 138. SR 60 Eastbound/20th Street and Commerce Avenue 139. SR 60 Eastbound/20th Street and U.S. 1 140. SR 60 Westbound/20th Place and 10th Avenue 141. SR 60 Westbound/20th Place and 11th Avenue 142. SR 60 Westbound/201h Place and Commerce Avenue 143. SR 60 Westbound/20th Place and U.S. 1 144. SR 60 Westbound/20th Street and 14th Avenue 145. U.S. 1/21s'Street and 10th Avenue 146. U.S. 1/21St Street and 111h Avenue 147. Vista Royale Boulevard and U.S. 1 NEW TRAFFIC SIGNALS UNDER DESIGN OR CONSTRUCTION 148. 41St Street and 66th Avenue 149. 45th Street and 66th Avenue 150. 1St Street SW and 27th Avenue 151. 1" Street SW and 43rd Avenue 152. SR60 and 94th Avenue 153. 53rd Street and Indian River Boulevard 154. Aviation Boulevard and 20th Avenue 155. Aviation Boulevard and 34th Avenue Page 5 of 18 224 11VL1AIN K1VEK UUU1V 1 Y PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 II. FLASHING BEACONS 1. 1St Street SW and 27th Avenue Intersection Control Beacon 2. 8th Street and Indian River Boulevard Intersection Control Beacon 3. 8th Street west of U.S. 1 Railroad Warning Beacon 4. 21' Street SW and 27th Avenue Warning Beacon 5. 21' Street and U.S. 1 at Curve Warning Beacon 6. 41' Street and 6616 Avenue Intersection Control Beacon 7. 41' Street and Old Dixie Highway Four Way Red Beacon 8. 45th Street and 66" Avenue Intersection Control Beacon 9. 45th Street and Old Dixie Highway Four Way Red Beacon 10. 491h Street and 58th Avenue Intersection Control Beacon 11. 49th Street and Old Dixie Highway Four Way Red Beacon 12. 491h Street and 51s' Court Intersection Control Beacon 13. 651" Street and 58th Avenue Intersection Control Beacon 14. 651" Street and Old Dixie Highway Intersection Control Beacon 15. 69th Street and 58th Avenue Intersection Control Beacon 16. 69th Street and Old Dixie Highway Intersection Control Beacon 17. 77th Street and 58th Avenue Intersection Control Beacon 18. CR 510 and 64th Avenue Intersection Control Beacon 19. CR 510 at 901" Avenue Curve Warning Beacon 20. CR 512 and CR 507 Intersection Control Beacon 21. CR 512 and Cypress Street Intersection Control Beacon 22. Highland Drive and 6th Avenue SW Intersection Control Beacon 23. Highland Drive and Old Dixie Highway Four Way Red Beacon 24. Oslo Road and 74t" Avenue Intersection Control Beacon 25. Oslo Road and 82°d Avenue Intersection Control Beacon 26. South Carolina and CR 507 One Way Red Beacon 27. SR60Beachland Blvd. and WB Barber Bridge Warning Beacon 28. SR60/I.R. Boulevard Main Relief Canal Warning Beacon 29. SR60 EB/20t" Street and Commerce Avenue Warning Beacon 30. SR60 EB/201h Street and Commerce Avenue Railroad Warning Beacon 31. SR60 WB/201" Place and U.S. 1 Warning Beacon Page 6 of 18 225 1114V1A14 K1Vr1jK%-VU11411 PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 II. FLASHING BEACONS (continued) NEW FLASHING BEACONS UNDER DESIGN OR CONSTRUCTION 32. 49" Street and 43rd Avenue Intersection Control Beacon 33. 53rd Street and 43rd Avenue Intersection Control Beacon III. 20 M.P.H. SCHOOL FLASHING BEACONS 1. Beachland Elementary School on SR 60/Beachland Boulevard 2. Citrus Elementary School on 4th Street 3. Citrus Elementary School on 27th Avenue 4. Dodgertown Elementary School on 43rd Avenue 5. Fellsmere Elementary School on CR 512 6. Glendale Elementary School on 8th Street 7. Highlands Elementary School on 6th Avenue SW 8. Gifford Middle School on 45" Street 9. Osceola Magnet School on 18th Avenue SW 10. Oslo Middle School on 20th Avenue SW 11. Rosewood Elementary School on 16th Street 12. Sebastian Elementary School on CR 512 13. Vero Beach Elementary School on 12th Street 14. St. Edwards School and SR AlA Page 7 of 18 226 111 MAIN K1VLK UUUIN 1 V PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 IV. SPEED WARNING/DRIVER FEEDBACK SIGNS 1. Old Dixie Highway north of 691b Street - southbound 2. Old Dixie Highway south of 65`h Street - northbound V. TRAFFIC CAMERAS 1. 0' Street and U.S. 1 2. 4`h Street and Old Dixie Highway 3. 4`b Street and 27`h Avenue 4. 4`h Street and 58`h Avenue 5. 5`h Street and 27`b Avenue 6. 8`h Street and U.S. 1 7. 8`h Street and 6`h Avenue 8. 8`h Street and 20`h Avenue 9. 8`h Street and 43rd Avenue 10. 8`h Street and Old Dixie Highway 11. 12`h Street and U.S. 1 12. 12`h Street and Commerce Avenue 13. 12`h Street and Indian River Boulevard 14. 12`h Street and 6`h Avenue 15. 12`h Street and 27`h Avenue 16. 12`h Street and 58`h Avenue 17. 15`h Place and U.S. 1 18. 16`h Street and 14`h Avenue 19. 16`h Street and 43rd Avenue 20. 16`h Street and Old Dixie Highway 21. 17`b Street and 10`h Avenue 22. 17`h Street and U.S. 1 23. 20`h Place and 11`h Avenue 24. 20`h Street and 14`h Avenue 25. 20`h Street and Commerce Avenue (EB) 26. 21s` Street and Indian River Boulevard 27. 23rd Street and U.S. 1 28. 37`b Street and Indian River Boulevard 29. 37`h Street and U.S. 1 30. 38`b Lane and U.S. 1 31. 41s` Street and U.S. 1 32. 41" Street and 43rd Avenue 33. 41" Street and 58`h Avenue 34. 41" Street and Indian River Boulevard Page 8 of 18 227 1114 MAIN K1 VER CUUIN 1 Y PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VI. TRAFFIC CAMERAS (continued) 35.451h Street and Indian River Boulevard 36. 45th Street and U.S. 1 37.45th Street and 43rd Avenue 38. 49th Street and 51" Court 39. 53rd Street and 51St Court 40. 53d Street and U.S. 1 41.53rd Street and Old Dixie Highway 42. 53rd Street and 24th Avenue 43.571h Street and 58th Avenue 44.57 1b Street and 66th Avenue 45. 69th Street and U.S. 1 46.87' Street and CR 510 47. Barber Street and U.S. 1 48. CR 510 and SRAIA 49. CR 510 and U.S. 1 50. CR 510 and 66th Avenue 51. CR 510 and Treasure Coast Elementary School 52. CR 512 Eastbound and U.S. 1 53. CR 512 Westbound and U.S. 1 54. CR 512 and Easy Street 55. CR 512 and Roseland Road 56. CR 512 and CR 510 57. CR 512 and Sebastian River Middle School 58. CR 512 and 101' Avenue 59. CR 512 and 108th Avenue 60. CR 512 and 1301h Avenue 61. CR512 and Southbound I-95 62. Highland Drive and U.S. 1 63. Jackson Street and U.S. 1 64. Main Street and U.S. 1 65. Oslo Road and U.S. 1 66. Oslo Road and 20" Avenue 67. Oslo Road and 27th Avenue 68. Oslo Road and 43rd Avenue 69. Oslo Road and 58th Avenue 70. Roseland Road and U.S.1 71. Royal Palm Place and Indian River Boulevard 72. Schumann Drive and U.S. 1 73. Schumann Center and College Lane 74. SR 60 and 20th Avenue Page 9 of 18 228 11VUTA1N IUVEK C;OUIN'1'Y PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 IV. TRAFFIC CAMERAS (continued) 75. SR60 and 27th Avenue 76. SR 60 and 43" Avenue 77. SR 60 and 58" Avenue 78. SR 60 and 66" Avenue 79. SR 60Beachland Boulevard and Riverside Park Drive 80. SR 60/Merrill Barber Bridge and Indian River Boulevard 81. SR 60 Eastbound/20th Street and U.S. 1 82. SR 60 Westbound/20th Place and U.S.1 83. SR 60 and 74th Avenue 84. SR 60 and 82°d Avenue 85. SR 60 and 90th Avenue 86. SR 60 and I-95 (NB) 87. SR 60 and I-95 (SB) 88. SR60/20th Street and 6th Avenue 89. SR60/201h Street and Indian River Boulevard [3. Ii i�. 17'Street and SRA1A . College Lane ���ater To"'c -Hobart 77"' Street Water Towe . *Roseland Water Tomv-e Page 10 of 18 229 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS ROADWAY FROM TO SPEED LIMIT(M.P.H.) 17th Lane SW 27th Avenue 20" Avenue 35 17th Lane SW 201h Avenue 6th Avenue 35 Oslo Road West End 82°d Avenue 35 Oslo Road 82°d Avenue 58th Avenue 55 Oslo Road 58th Avenue U.S. 1 45 Oslo Road U.S. 1 Indian River 35 5th Street SW 58th Avenue 43'd Avenue 45 5th Street SW 43rd Avenue 27th Avenue 35 5th Street SW 27th Avenue 20" Avenue 40 5th Street SW 20th Avenue 12th Avenue 35 1St Street SW 66" Avenue 58th Avenue 45 1St Street SW 43rd Avenue 27th Avenue 35 1St Street SW 27th Avenue 20th Avenue 45 I' Street Old Dixie Hwy U.S.1 35 2°d Street 20th Avenue Old Dixie Hwy 30 4th Street 74th Avenue 58th Avenue 35 4th Street 58th Avenue 43`d Avenue 45 4th Street 43`d Avenue U.S. 1 35 8th Street 90th Avenue 82°d Avenue 45 8th Street 82°d Avenue 66th Avenue 40 8th Street 66th Avenue 27th Avenue 45 8th Street 27th Avenue Old Dixie Hwy 40 8th Street Old Dixie Hwy I.R. Blvd 30 Page 11 of 18 230 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED LIMIT(M.P.H.) 12th Street 82°d Avenue 74th Avenue 45 12th Street 66" Avenue 58th Avenue 35 12" Street 58th Avenue 43rd Avenue 40 12th Street 43rd Avenue 20th Avenue 35 12th Street 20th Avenue Old Dixie Hwy 35 12th Street Old Dixie Hwy U.S.1 30 12th Street U.S. 1 6th Avenue 30 12th Street 6th Avenue I.R. Blvd 35 16th Street 82nd Avenue Pointe West Drive 45 16th Street Point West Drive 74th Avenue 35 16th Street 74th Avenue 66th Avenue 45 16th Street 58th Avenue 20th Avenue 30 16th Street 20th Avenue U.S. 1 30 16th Street U.S. 1 I.R. Blvd 45 College Lane 58th Avenue 66th Avenue 35 21St Street SW 27th Avenue 20th Avenue 45 26th Street 74th Avenue 66th Avenue 40 26th Street 66th Avenue 58th Avenue 40 26th Street 58th Avenue 43rd Avenue 35 33rd Street 66th Avenue 58th Avenue 40 37th Street U.S. 1 I.R. Blvd 35 41St Street 66th Avenue U.S. 1 35 41" Street 58th Avenue 43rd Avenue 45 41" Street 43rd Avenue Old Dixie Hwy 35 41" Street U.S. 1 I.R. Blvd 45 45th Street West end of pavement 66th Avenue 35 45th Street 66th Avenue 43rd Avenue 45 45th Street 43rd Avenue U.S.1 35 45th Street U.S. 1 I.R. Blvd 45 Page 12 of 18 231 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED LIMIT(M.P.H.) 49th Street 58th Avenue 33rd Avenue 45 49th Street 33'd Avenue U.S. 1 30 'n3"' Street 58"' Avenue 45 53rd Street U.S. 1 I.R. Boulevard 45 57th Street 66th Avenue 58th Avenue 40 65th Street 66th Avenue Old Dixie Hwy 45 65th Street Old Dixie Hwy U.S.1 40 691h Street 82°d Avenue Old Dixie Hwy 45 69th Street Old Dixie Hwy East End 35 73'd Street Cemetery Road U.S. 1 35 77th Street 74th Avenue U.S. 1 45 CR 510 CR 512 500' E of Elem. School 45 CR 510 500'E of Elem. School 66th Avenue 55 CR 510 66th Avenue 58th Avenue 35 CR 510 58" Avenue U.S. 1 40 CR 512 SR 60 W Fellsmere City Limits 55 CR 512 W Fell Cty Lmt E Fell Cty Lmt 30 CR 512 E Fell Cty Lmt 1 Mile E of Fell 45 CR 512 1 Mile E of Fellsmere W of I-95 45 CR 512 W of I-95 108th Avenue 45 CR 512 108th Avenue Sebastian Middle School 50 CR512 Sebastian Middle School CR510 45 CR 512 CR 510 Easy Street 45 CR 512 Easy Street Indian River Drive 35 Page 13 of 18 -I r 232 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED LIMIT(M.P.H.) Roseland Road CR 512 125th Place 45 Roseland Road 125th Place U.S. 1 35 Roseland Road U.S. 1 I.R. Drive 35 CR 507 CR 512 South Carolina 30 CR 507 South Carolina North County Line 55 Willow Street 85th Street Fellsmere City Limits 45 82°d Avenue Oslo Rd SR 60 45 82°d Avenue SR 60 69th Street 35 74th Avenue 12th Street 26th Street 45 66th Avenue Oslo Rd 16th Street 45 66th Avenue 16th Street SR 60 45 60 Avenue SR 60 33rd Street 45 66th Avenue 33rd Street 45th Street 45 66th Avenue 45th Street 77th Street 55 66th Avenue 77th Street CR 510 45 *-66"' Avenue CR 510 Sebastian City Limits 40 58th Avenue South County Line Atlantic Boulevard 45 58th Avenue Atlantic Blvd 26th Street 35 58th Avenue 26th St 200' South of 81St St 45 58th Avenue 200' S of 81St St CR 510 35 43rd Avenue South County Line 13th Street SW 55 43rd Avenue 13th Street SW 5th Street SW 45 43rd Avenue 5th Street SW 4th Street 40 43rd Avenue 4th Street 2700 Block 35 43rd Avenue 2700 Block 4000 Block 45 43rd Avenue 4000 Block 49th Street 35 Page 14 of 18 233 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED LIMIT(M.P.H.) 27th Avenue South County Line 17th Street SW 50 27th Avenue 17th St SW Oslo Road 45 27th Avenue Oslo Road 14th Street 40 27th Avenue 14th Street SR 60 35 201h Avenue 25th Street SW 21' Street SW 35 20th Avenue 21' Street SW 17th Lane SW 35 201h Avenue 17th Street SW Oslo Road 30 20th Avenue Oslo Road 1" Street SW 45 20th Avenue 1" Street SW SR 60 35 Old Dixie Hwy South County Line 12th Street 40 Old Dixie Hwy 12th Street Seminole Avenue 35 Old Dixie Hwy Seminole Avenue 20th Street 30 Old Dixie Hwy U.S. 1 49th St 35 Old Dixie Hwy 49th St 65th St 45 Old Dixie Hwy 65th St 69th St 40 Old Dixie Hwy 69th St CR510 45 I.R. Drive South U.S.1 Sebastian Cty Lint 30 I.R. Drive Sebastian City Lint North U.S. 1 30 6th Avenue U.S. 1 21St Street 30 I.R. Boulevard U.S. 1 37th Street 45 I.R. Boulevard 37th Street Grand Harbor Blvd 50 I.R. Boulevard Grand Harbor Blvd 53rd Street 45 NOTE: In accordance with Florida Department of Transportation speed zoning regulations, Florida Statutes Chapter 316, and nationally adopted traffic engineering practices (M.U.T.C.D. — Manual on Uniform Traffic Control Devices), the speed limit on County roadways shall be set as close as possible to the 85th percentile speed; that is, the speed which 85 percent of free-flowing vehicles are traveling at or below. In business and residential areas, the speed limit on paved roadways shall be posted at 30 miles per hour. All unpaved roadways shall remain unposted due to variable surface conditions. Page 15 of 18 234 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VII. SCHOOL 20 M.P.H. SPEED LIMIT ZONES SCHOOL LOCATION A.M. P.M.* HOURS HOURS ELEMENTARY BEACHLAND I SR60 BEACHLAND BLVD 7:45-9:15 2:45-3:45 CITRUS 4TH STREET 7:45-9:15 2:45-3:45 27TH AVENUE 7:45-9:15 2:45-3:45 DODGERTOWN 43RD AVENUE 17:45-9:15 2:45-3:45 FELLSMERE CR 512 17:45-9:15 3:45-4:50 GLENDALE + 8TH STREET 7:45-9:15 , 2:45-3:45 HIGHLAND 16TH AVENUE SW 7:45-9:15 2:45-3:45 OSCEOLA MAGNET 118TH AVENUE SW 17:45-9:15 2:45-3:45 PELICAN ISLAND SCHUMANN DRIVE N/A I N/A ROSEWOOD 16TH STREET 7:45-9:15 2:45-3:45 SEBASTIAN CR 512 7:45-9:15 ! 2:45-3:45 ST. EDWARDS SR AlA 7:40-8:20 3:20-4:00 VERO BEACH 12TH STREET 7:45-9:15 l 2:45-3:45 MIDDLE SCHOOLS OSLO 20TH AVENUE SW 7:15-8:15 2:20-3:20 GIFFORD 45TH STREET 7:20-8:10 2:35-3:10 Page 16 of 18 235 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VII. SCHOOL 20 M.P.H. SPEED LIMIT ZONES (continued) SCHOOL LOCATION A.M. P.M. HOURS HOURS HIGH SCHOOL VERO BEACH 16TH STREET N/A N/A FRESHMAN CENTER 19TH STREET N/A N/A WABASSO SCHOOL U.S. 1 N/A N/A Page 17 of 18 236 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2015 VIII. TRAFFIC CALMING ROADWAY FROM TO CALMING DEVICE 1. 50th Avenue SR 60 26" Street Speed Humps 2. 53�d Avenue SR 60 26" Street Speed Humps 3. 30th Avenue 45th Street 49" Street Speed Humps INDIAN RIVER COUNTY TRAFFIC CALMING POLICY To be considered for traffic calming measures, a County roadway must be a paved, straight and uncontrolled residential street at least one-half mile long, and exhibit the following characteristics. Uncontrolled is defined as containing no STOP signs, traffic signals or other traffic control devices. County arterials, collectors, and other thoroughfare plan roadways designed to promote traffic flow will not be considered. Characteristics (street meets three or more of the following): 1. High speed — average vehicle speeds greater than 35 miles per hour 2. Heavy traffic — traffic volume greater than 1000 vehicles per day 3. Cut-thru traffic — greater than 50% cut-thru traffic 4. Crash history — pattern of traffic crashes that would be alleviated by traffic calming measures 5. Pedestrians — within one -mile proximity of school, park or recreation area with high pedestrian activity Once a location has been determined by the Public Works Director to be eligible for traffic calming measures, one or more of the following measures may be applied: 1. Speed limit enforcement by appropriate law enforcement agency 2. 4 -way STOP control if warrants are met as contained within the Manual On Uniform Traffic Control Devices 3. Speed humps 4. Roundabout, small traffic circles, chicanes or other geometric features to slow traffic, if adequate right-of-way is donated to the County Prior to implementing #3 or #4 above, a petition demonstrating two-thirds (67%) neighborhood consensus must be received and verified. Page 18 of 18 237 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney PUBLIC HEARING: 2/10/15 -LEGISLATIVE Office of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: January 16, 2015 )0A1 RIVER COUNTY ATTORNEY RE: Public Hearing for Amendment to Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 106 Section 125.68(1)(a), Florida Statutes requires counties to maintain a current codification of all ordinances and an annual publication of such codification by the Board of County Commissioners. FUNDING: There is no additional cost associated with this item. RECOMMENDED ACTION: Open the public hearing, take public comment, close the public hearing, and adopt the ordinance to codify and publish the ordinances published in The Code of Indian River County up to and including Supplement 106. /nhm Attachment: proposed ordinance indhn River Co ' Aim' d Date Admin. APPROVED FOR-- - ^ Legal 1 B.C.C. MEETING 'p ( fes �� �,� n9 Dept, _ eDt _-\COUNTY ATTORNEY! 238 ORDINANCE NO. 2015 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 106 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 125.68(1)(a), Florida Statutes, requires counties to maintain a current codification of all ordinances; and WHEREAS, Section 125.68(1)(a), Florida Statutes, requires annual publication of such codification by the Board of County Commissioners; and WHEREAS, Municipal Code Corporation publishes periodic supplements to The Code of Indian River County more often than annually on behalf of the Board of County Commissioners; and WHEREAS, Subsection 100.03(1) of Chapter 100 of The Code of Indian River County, provides: The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted, BE IT ORDAINED by the Board of County Commissioners of Indian River County, as follows: SECTION 1. CODIFICATION AND PUBLICATION. Section 100.03, Amendment or repeal of ordinances, of The_ Code of Indian_ River County is hereby amended to read as follows: CODING: Words in 6trike-through format are deletions to existing text; words in underlined format are additions to existing text. 239 ORDINANCE NO. 2015- 1. The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted. 2. All chapters, sections, subsections, or paragraphs to be repealed should be specifically repealed by reference to the chapter, section, subsection, or paragraph as appropriate. 3. The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed or amended took effect. 4. All ordinances published by the Municipal Code Corporation in The Code of Indian River County up to and including Supplement No. 4-99 106 thereto are deemed to be codified and published. The Code of Indian River County, including such supplements, is hereby readopted, and The Code of Indian River County, as readopted, shall be the best evidence of the current law of Indian River County, Florida. SECTION 2. SEVERABILITY. If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full force and effect. SECTION 3. CODIFICATION. The amended language contained in Section 1 of this ordinance shall be codified as Section 100.03 of The Code of Indian River County. Additional codification, renumbering, or relettering of this ordinance is left to the discretion of Municipal Code Corporation. SECTION 4. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. 2 CODING: Words in strikes format are deletions to existing text; words in underlined format are additions to existing text. 240 ORDINANCE NO. 2015 - This ordinance was advertised in the Vero Beach Press Journal on the day of January, 2015, for a public hearing to be held on the 10th day of February, 2015, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the ordinance duly passed and adopted this 10th day of February, 2015. Attest: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY r BY DYLAN REINGOLD COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA as Wesley S. Davis, Chairman Effective Date: This ordinance was filed with the Department of State and becomes effective on the day of , 2015. 3 CODING: Words in strike through format are deletions to existing text; words in underlined format are additions to existing text. 241 �.W" SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal �TT T7--� 1801 U.S. 1, Vero Beach, FL 32960 PJP 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 afFant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of -one year next preceding the first publication of the attached copy of advertisement. Customer INDIAN RIVER CO ATTORNEY Sworn to nq1 subscribed I Nv �. Sherri Cipriani [X] personally known to me or [ ] who has produced Sandra Coldren ,,�r�•, Ad Pub Number Date Coi3vilne 2671881 1/26/2015 NOTICE OF INTENT me this day of, January 26, 2015, by Notary Public , who is as identification. J03D 20i PO # RE CODE CODIFICATION NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Z.y 1. 1 SANDRA COLDREN _r t= MY COMMISSION N FF 004035 3 EXPIRES: April 1 2017 %'Rpf �? Bonded Thru Notary Public Underwriters Notary Public , who is as identification. J03D 20i PO # RE CODE CODIFICATION NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Z.y 1. 1 v 0 N Q) 0 CES LL 0 V Q 70 0) (1) (1] Q Q 0 0 r r r 00 x N Z N Z Q) �C C 5 Q) Z Q) Q � C C Q :3 n N 0 Ui U TCPALM.COM CLASSIFIED NOTICE OF FICFICIOUS NAME NOTICE OF ACTION NOTICEOF ACTION FORECLOSU NOTICE LANDER UORINA h I -I, B Axed- en Mt Dur RCITIIOUS NAME ze o. f P.A., 850 B. FInN Jud UW PURSUANT TO 1Wiii Palk Dr., F11111..u' SECTION M... Sun. 330. CaxNbM- above-u01 RORIOA STATUTES BEN STRUM, ry, Florida 33)0], on Ileo, tA. RwmM, w yMon Febrvary a. Cpu% wlll NOTIC IS EBY m 2015, Ill GIV6E.rciOnR. dI SNATIONALMAS50- CU,iil uil(Zi,111. w pr: pd. Y cit deN.inp to .pep 'n DATIONn aL 1M1er halon low4: Cw bualne,c under eh W.M. . %ainriM, own Y TM1at orHo N<Nll.u. n 1 r mad I_IV s..1Rw leeal Awo i Cycle AMENDER NOTICE th,-1; o rwi°< 1 111. No Evcnanp° 1^ltd M Of AC110N A It".. VAR M °n- Ou°nn .1 Al. CwnryC.,d IIA. 1. TO,. THE UNKNOWN BEEC SE, HMOS. U.e.oil demo d An. SO E Rinr, In Ue ", d VISEE6, ORANfE"A 4' V Cwrwiw'nL bar Iylncyo Seui 328 IS�IA,.n daF.l to OTHCA ER] PARTIES N. U14n D cam the S U npin.r IM1. aAid CLAIMING BY. JEFFREY0. S11 MNN way Ilne O I v I, l o n 11, h l ORRAGA NST AOB- By. N 1MEr�L R^p " 0 Corp.glow If IM1. ERT T. I -S. WHO NnlseyY farm Roa f'o'ld. 0*D.rtm.nt IS KNOWN TO BE Al Deputy [lah ant ,Flu Mna TNI.M1uw. OECEASE4 a;-. DRAW Oub4< vel :bWa YOU ARE NOTIFIED Pup: January 6, 12. Rlmi.n Dared N Vero Bang hal a ac len +4343015 Flpdd., thla 14 1.Y uM M1. M U. Iii T.C.... R red OI a Jww.ry. Mli lowing p'opany l ii I. raW1 MN Auto Ead.npe Ineim Arv, [ounry, nln.r.aHZ P IH.n; J°nu.ry 26. e M Block M5, Se- NOFICEOF fa b�uary 3 M i a.ILn Hiphla.d.. FORECLOSURE I9:o1 aaa, TCN 61314] UnH I. RA LM1e ler :4f Por pie WTHE CINLUD Final III, fan recorded COURT. ..Iedoaur IjR°jj Dp�Bpn JUGItlAL CIRCUIT. IN aApedr44SS.031 0, Inclu.I.. of IM1. DFOR Slwutea. Public Rewraa of I. INCL N RIVERRRCOUM eon clelml dian River Coun1Y• TV ROIUOA .nn In U FhHWa CASE NO_li)961 Irwn U. u NOTICE OF ACTION lu. tIlu you I?ellan IBEPoABANK, • Lwhi- em°aym°q" IN THE CACUIT Rnne 1 serve a all Mn<bnrW wrporo- data of U. COURT OF THE ropy dwur wdwn uon,w Imo- den. mu NINETEENTH d '""i Rani. to n 1 u I Surli^9 mim WW JUgUAL tlANIT A,.dlord Pertino, Banti.. FloNOa Car- hN Up pM IN AND FDA WMAN IM %aintilP, anon ° AMERICAN ER COUNTY, nw. who, addnu %°'^t'N DISABILIT zwv,�,,,e a n.ev lulu IADAU N-. NOTICEOFMEETING NOTICEOFMEETING NUI NOTICE OF INTENT -MBUC NEARING ESS11 NOTICE IS HEREBY GIVEN INTI Ina SI.Id ANC x1 C.unry Commiadonen of Indian River A D oun,a Find.. will conduct Publl< Li PGNQ ordlea<r.:�rdioueelpptlpn of a pre IRE AN ORDINANCE OF INDIAN RIVER COUN yMwi lA N O%AMENDNG SECiK1N 1WN FIN AMENDMENT OA RfPEA OF ORDI LLC, NANCFS' OF CHAPTER 100 'GENERAL Bed PROVISIONS' OF THE CODE OF INDMN A n RHEA COUNTY I'DN [ODE'1, COpMNG for AND PUBLISHING THE ORDINANCE'S UP TO AND INCLUDING SUPPLEMENT 106 {e' MEPETO, READOPNNG ME CODE, CIES IGNATING THE CODE AS THE BEST EW W. DENCF OF THE CURRENT LAW OF INDIAN Min AMR COUNTY, FLORIDA AND MI— Nor ANG, AN EFFECINE DATE T H The Pudic Re .rg will M MW . Tued. , U NWary 10, -1 n 945 RA aeon D.fn InaE, as Ina mane' mry M M1MN..n County COm,Rl Bul Cb.mb,h-uid N Bwr of Buildin A 011114 C.um ryotii SRamiMalr.Nr. cam 9.=. Bol nm oeq. Vero BvaM, florid. 32960, n rAV<n reatd par8n may M Mertl wlln raped o Ue POwved ardnmw Tha propoyyzd orfnan ow mry be Inap.netl M1ounaIB:301amu tare 5'.00 p.m,bpondry UraupM1 Gridryl M tM OHNe d 1M tlrk to M1 BoaW of County C.mmi.Nown 111. Itl on III. Ntl Boor d BuilNnp A d 7ne County Mmini,r.lAI Compiev, leo 2711, $11441. V,o Bead, Honda. Dap Mr.e wxo mry e'U le apwal ani -1 %6 PIw icM1 mry v ad, at 1M1i. mveGnO Jw wait M lull'. dut . wrbnim rtwr0 Wo txe P c 'dines h mea., which In °goal ahM uRi PpJ blRud.°vid.nw upon all An wed.. aP,w enommod. i an lorwtpia maetin M1e l clot''. Nnd[.. L�'m mxennAt Rn o; �comtll�a re of)Yw r�wepl]^Y. n lean ur D INDIAN RIVER COUNTY COMMISSIONE0.5 Ruh January M, SI SY E. DAVIS, CHNAMM' TCNM)1M1 r.. IR MC NDAY, JANUARY 21. 2015 - SCRIPPS REASURE COAST NEWSPAPERS - 11 NOTICEOF NOTICE OF NOTICE OF NOTICEOF RE FORECLOSURE FORECLOSURE FORECLOSURE ADMINISTRATION CALL ]11. e n yw an .per- S,zawgm.f 11 FIRST PUBO emlut of DATED IN. nn day OI a un h • tll. III gnunhl,.wm TION OF THIS I In tna Jenwry, 3015 wM10 n d4 enY , - I'll TICS. I'd "i mmpdrtion in or -Id Al Svaw Ede ALL CLAIMS N Clerk of ROGE. TOWERS, d, to DaNtiwte in RddA &r Na FILED WITHIN 1 Ill IM1s PA Ui. erlc.dinp. you 3)SII1 TIME PERIODS tier d In ADRIAN RUST era n Itl.d. al no Pub: Jenwry 24 F.4 FORT. IN SECTI bb uFIloL Fledda W Ra010, Itul OeM pr.Nalonod <enNn .IRIS F T MNM)116) FLORIDA PRO., ROBERT A NEASON aul.�xnw. PMn° IN THE OA= CODEMLi n of th. Fbrida Bar I. . Coun -I,. EVER BAPRE4 CWRT OF IFIE 01uan.r 0, Suit. Ixra Ho n, 150 .. NHETEEQ NOTMTMSTANDI I 11p AIR N.A Sdre But. yCluDOHve, JUNDFDA RNITIX THETIMEMAIAG �eS t. 140 "I 11 ). Pan b[. AND FDA INDIAN bA FORTH ABO Spu1M1, Pom° Vdn Beaty, lddcie. FL 3[814 ))D NVER COUNTY. V CLAIM FII aFM,r- Flori4.33403 )Jl)0 N. YIVI ROPoM N O 131 YEARS loritla. IVAISY14M tl.Ya Delors Your CIVIL ACTION ORE AFTER 1 ,.X It Iwq M313BBIIaxL d.7. ad I, Im - CMUE1 _ OSCE DENT'S Di I 1.1 Dv�ran H or R- 3010 OF DEATH ro to b W ATTORNEYS FOA digely upen�redon� II A TMl da[v4d bq P IR Un wi c' SW M1E and S I,- I • time before the BANK OF AMERICA, •'on of Mia nD d. Inds- Ary Emd Mdr.u- . u e e .a RNidjN hLnwryt43n ntla s cn.dla I.a, in,n rl �a Pen yy fNaw.cwn dM M You ne M1xr JOAN MORRM. n d no Wld�r P3udD: J ®ry tp,ci6. P �I� �ry111'3B. �endantlal By. Wa ARBiNK. NOTICE OF SALE at 5 MI5 Notice I. M1e1abY pis- P- 6-- TCNM)1p53 T --e W Sua. Nm n M1,I, purauan 1 M 16, n IN THE CIRCUIT W THE tlTM[UIT an OrOer RvaNetlul- GOHEN A GNG _lAR COURT Of THE COURT OF E 19TH rnp i.ndaaura Sah CO on Bmmb NINEIEENTX JUDICIAL CIRCUIT Bald J.... ry B, v of th, JUDICIAL ORCUf IN W AND AND FOR M14 .turd i" a. Ali a; for Pit— mm°^'In AND FOR IN= ...RIVER Caa. Number 3010 wMr S.o- RWER COUNTY, COUNTY, RORMA CA 010311. in IM SuuneN'aMSNi Flo'Ida ROPoOA CASE NO. CNM faun f. IMr M.mey or P<r.w [ML DMSIIXI 313013Upot3M Rlver County, ynenpin Cax.: Florld,. wM1ereln F. --N... " Mx�Ckk0401. MAT SANK. BANK OF PMERICA. k i111m,• flWuA. N.A h IM1. %NmiH' (%H1ENlA GPoGSB` Ae pre Deut,[ne Bank Na- vA d JOAN L. MOR _u -Sui1a 621 a M Ba u...1 FIRM Comw- KENNETH D. GIRDS RIS. el L. are the B1t0 Sv,d Ran Iia y Y. a. T-1 A. A. THEAS TRUSTEE De(endan[a, Indl.n Rafolpnh,R 31140 ,I lila • Hold.or'rdli Io AVENU E6TRUST, t wl a�llntM 13]913 LL 500 Wn. WI UAL .:.1d ea ch Mollp... KIM A, OIBBS, y pe .it.e in F-12111 1-1 9. 3 WITH L.an Trutt 3005- KORY W. GIBBS, Prdlan River County, E aR: saiWufn WL3 Axel-B,1ked UNKNOWN TENANT R.M*. dxuae Al IFS ACT Cerlllicate., Snl.. 1 1— ANDIS RE. THE LAND REFERREG di"''l`" Y W A A 20084011 D E R S 0 N, UN. TO HEREIN IS SITU- Snondary E#lail: fYl TH WHO RW^RR• KNOWN TENANT 4 ATED IN TXE STATEliew,tifu NY AC- - lkla DEANNA PE- OF FL, COUNTY OF Pub' J.wry 19, ,TON IN Aupu.[ Pui+, Jr. and DERSON, KENNETH INDIAN RIVER CITY pApylCy Mur, LMn Ruh, Ni, 0. GIBBS. JR., INDL OF VEAO BEACH MI5 TCNMJ RIS PRO- Yi Sank of Amg4 Yu. -Y, ND DESCRIBED AS . All- AARIL. CRI -IN FOLLOwi y0U ARE Liao Unknown Par- THE SOUTH ONE- IN THE CIA AT NO 1L. Peu.xIII NOTICE OF HALF OF LOT 6 AND COURT VDU, - , Il ng, and aR FORECLOSURE SAIF ALL OF LOT 6 IA- A SIGN OF Ulnknown Pall ie. Pu.iaM1NIM VERO BLOCK 3. HULTX. COUNTY. fL01 UEESCON. dalmin, by. INaupM1. BEAC. PRESS LAN. SUBOMSION, PROBATE DMI JF ROHM under and QBnnal JOURNAL ACCORMNO TO TME FILE E 1.11 °Deva m d NOTICE IS HEREBY MAP OR PLAT 2o14CPo0 ORD"O�fentl.nLl woo GIVEN punwnt tp TNI RE OF AS RE - 5C N W of known to M n Conaen[ Flnn CORDED IN PLAT W RE: ESTATE OF Y CLUB esd .r NHe. wM1atn- Judpmenl of Fora- BOOK 4. PAGE 39. KATHLEEN L.1. U� 1FL aid Unknown <lo.ure daLd SED- PUBLIC RECORDS Decuae4 13I M. PNx mry Wim m IwnM 10. MI4, eM Of INDIAN RIVER FAST ) I l r°n byyouaa t tl In Gx No. CWNTY, FI.ORMA f FORE H.ira, Devla ea, 31 3013 CA Oo1334 a DTI[ xl,, tp Lha EDUCED Granlaea, or Otner of [he Clrcuil C.un NpM1M and Mq Did PPEAR- daim.MaPUnknown 1 U. 19tn Judleial ear. for ea,h, al NOMEDF MEET IMMEDI. M1w P.Non CNi in a�W M1 IN- wd,..-Iivar- ,0N AE- Y2. 11 ..d,.Il GAN RIVER County. irullorvdon.wm al - NS NOTE Un�nown P.rlie, Florid°, w,v, 0:00 AM, on 1M IF THE ^9a by. ou.rMlr, MAT BANK la Ina 1M dry d fMmary. REbOLUTION ORE THE uder d a...... P."T"fl and KE A. MIS OF INDIAN FAY .ED AP- M1, above nem.tl METH D, GIBBS, JR, Any D,zpn clalminp MAIN EXTEN6 IS LE55 Oalendantlal wh. AS TRUSTEE OF THF Imggl in Ue Bw- KNOWN . AN IAYS' IFii,buil,, M M )1816 104TH AVENUE It, fro. IM1. ole. If 3400 NORTH I NEARING tivd w a0ve, aheU- TRUST. KIM W. .-I. -'A-, I an M FLORIDA: PRO' MPNAEO. r ald Unknown GIBBS. KORYM own, Aa of OF PAYMENT P.Nx may claim . GIBB$. UNKNOWN Ue Lata of _ R. 9 AtENTS,I �R lotion as SPouae. 6 .RIT .1 Mr. AJB ndma .tier ill . REA9.s del H.Ix Oevia.. WS IEOFRSOH, UN. d,1m wimin M dM Cwn Gonne,, or Other KNOWN TENANT 11 ah. Ue sale. a Rn ry I tlNmanM lila DEANNA PE- Oeud 11 -IS determined nI DVIXWad.l DERSON. KENNETH _ RORIW "Bill -11"1111 NOTICENOTICE - and d or NDe1.d,nnN wnp ne na .pwn 10 dei for e tluwhe"A incl "Md' bnrpnie lbs St. JPM1na River Water Manalemenl Sulu. P.N., mry dNm aR interez Spwu, rytl allwwv Hain, D.uivna GnMew or tO1Mr tlaim. .......10, OiaVin IDiavinl give. rntolWe OI receipt pl tnv Idbwinp peon appR[ni.lel: Bm' Unknown P.Nx In Pd .11 U YS u m D.y in Unit 1516. 11 litinp, area all Unknown 10.00 AM, Public IL Dept, (lean Rlv, Pani., th, inp by, ... M1, ,^dre ad ry 3 3B 5 VV a1 lni boY. n. ADeL^d.nnd ippowlnp a. ek^own O1 )th St. Vero BeecM1, L 33981 1. V , 3388 .ppliuuon o863B)-4 1. r�pect ududu, not to b° dead or alNe• I lmllA whelhar xid Unknown Penia mry 'Lim SD..... Haire. Oevi.eea' h I -,.d in Indian RI— COun rnleren pam.n b JuPF-.' Ment, '1,1` Olher tlaim.m° LOT A, BLC 39 Eat .d I..W-3L. aU�n, TheREm oral Reaourw Permit ,Ppli... LAND$SEBASTIA LANDS U Ilon 1� Ill . n .1 • gormwn, Mry 1 RlVoraeCounN rFii� NOTICE OF SPIE D c NOTICE IS HEREBY GIVEN punuant to . FLATACCOTER, lan<Iwura F_ PUT TNER klwneme Indian d Gr.0 P,tki a rrp Mea tlar renM1dulin0 xle .r mmL luwd in Ovi feu No. MIY CORDED Y BOOR PP prwn The 614141 <. inirrp Ua permR epnpBca- Gd E. L0090 0l i. Orwd Cwn d Ina 19U 3y -A FRED JuOiclel Cilcuil In end let Intllan RIVs1 0 INCLUI FNHde, Grnn Tree S., 1.1 urs vi lace for InryMlOn M n- d,Ayy hlw0e FHdn..n pt for ..H. CounlrS•• wherein pllBllC Pi rep LLC. Phi 0 and Juan Pond. are INDIAI ndld.y , Y a.m, t" 5 Pm. aI tnv OW OF -N ""`H`R.CT.Y d Cwn, j." 0. C LA(" L IIt', H°,dy 4049 Reld S1., PaMha, FL 331))13518. Y.. mry alae Smith, will adl to Ue M1lpneq ane LI dtr deryO ..M1 DY electron II Bele at ANY. ppR50 Waw Rle. n Dtnne. Sem ke Gntera bre you anoultl till Serv- .inaian rivv.......radoucom• IND AN 11 h11D'nn' p al 0:00 A.M. en Fp n_' 1. IN THE S ice Center n N advance I. make Ston Ina lilee ar. et • aDecllic MIS, tM Idlowin9 deuribee propsM x FROM THE loon in "Id FNN JudYYm,A to-wie ANY OTHI VMce Cantel. AAdid..Mly, mon P•- ,pplicnion fll, decumenn xn M LOT 5. BLOCK I, VAATRIGAN SUB."" TN, PRO SIGN, ALCOR DINB TO THE PLAT OWNER AS RECORDED IN PUT BOOK 1. V I, d reline n R^ridnwater.c^mlp- THEREOF, DATE OF PAGE 19. PUBLIC RECORDS OF INDIAN e.np'ruiflnaev.nvnl. PENDENT RIVERCWXTY,It- cn�o Gwlll be meM °[ I e DablcN 541sT Y PERSON CLAIMING Art INMAEST IN IH EO DIAY appliullon is Prweawtl (il Ueaappl c,tlon h aVproved) it OY IM1. THE SURPLUS FROM THE SALE, IF ANY, 0 dSAinAt. OTHER ]NMI THE PTLOPEATY OWNEA AS Govelnirp Boartl (il tree eppli.H. i, rawmm dd for tlenbl4 OF THE DATE OF THE LIS PENDENS 'P 'l MUST FILE A CLAIM WITHIN 60 DAYS °^ Y.. an • vl.etl I.nolifY the Dlatricl wnhin l4dMdU'w noun it you new Af1EN THE BALE 3.6141 L1 Dred We 5tlryo J.wry, M14 ^LinHll'. Pur,u,nt Fla. R. Jud. Admin. dui blenipna. com 0r uebY 2.51Mb11TI(AI, R ,uR'c wuu.N hereby inloemgion repertlinp h. ° 101 Pro- PNaa° I.Blpwte[ In onmary email adravf Ipr d Ua al .nil xrvk° a SFGBo- wd In Ue -I, epVVl'vavoa P.. V Vo tlenw I Bureau Wrpoan A. I ems wSeMnfkapa.wm• : SFGBoi O. B. ur1ID., lof elkA,.1 331]0 -Ill. M BRA'AD FISHMAN B EACH, LLP flops<^m' pIn gamnA.mmal ,Dp�lauE: n:iin m % innll :a3a NOM Faa<rMaiNNn ay. su 3M SR'w yi FlOMi 3401 Ilia ermlt Ap liw[lol num 0' the P Nd, N.... fyou make a -inen re- pu • 10 UA Di.vid fpr add111onel In- Bora Raton. y TdepM1one:15611998-8]00 Njd3j ljoi fee 156119909)0) Hiphwv TO rep,rtlinp Deciticy apppwd., ... R.S . M1uniMetl .wren '%Inelinn = F0' Emal Service Only SFG0eu5erviu Bou Bat fl^pa.wm %M1 ave I.ble • [ a B1inp bjea F.r ail olner Inwiriee lu9eneflopewm TNepMn, BY: Ludana Uwnt E.p. ease note 1 at , wtinlu Awa nm .tide You t. • CN.Per FR 14533 1561 RFo1 in . Florida Statutsc, .dmininrnive MaHIS. F .1-1FC01 GAR Em O^Iv. SFO Neu.. If N.111. Dnhio..1 Ml.naed Punuanl Io roe Fair OeI, CRRd .O. Prer uw Aet wu na edviwd -1 IM1I. olRw fa d O1M DlaVin Oecitlon will be Idea m ed 1ndMew ry M aeem.d .clad wlleII0l and my b inlo.nlon m,y M Uxd 1. lore woad wN. owe . pu I r,.nw. A r.R.wt io. mEirmwl No• odvind By Lud, m..a Ols I Dn.Lt Deda pr Imana.e atrin Declalon a v Ilution Rs.new lOr Accommodniom Dy Pnww R p Oia,d6naa H wu arA • pmon m1M1 a 113593IX n M N. by tM DinenY Bu- ull ,dte nosh iio[ISuy rosu bier iBull., [ . a c. diubiliry w dB • Y medalion In ,der [^ panldw�e In IM1i. DrymuwdiNa. fpr p t Ir Yw lura [. col btlC I a., perwaldNwdwn Bureau LM1iet auis�we. Re c^n Pr Loun AdmlR,atndon, 350 NE Coumry dNeei sl Club Drina Stilt. 31), Port St Lude. FL 111 Marwrn Daniela Bureau of Rc9Ulabry Support De e 34886,, h 390)-43)0 M Nap ] dM Mon deemed , < eduletl court ,pwarl"I r m• SL Johw River Waur anaBemem bt9 Yu lector aA me44 u . lump I.ORutl. lormnlon Reid Sir- PNNLe, FL 331)]-2539 I I me haloI. me un.em.a may M ua Ma h,leu U.) dM N yw an I nHrp u329 -a5] 0 IM) P. -ii -MI- January M.2015 TLN26]1206 m i ,11)11. BTeuinh . Jluwry 119, 38. 3015 TCN38)I1T) dAllon vane wi1F NOTICE OF ADMINISTRATION NOTICE OF ADMINISTRATION HEATH IS M.D. the tlate ^1 Ilra+ p.�bnun. r 1M h Jamnry 19.. 3015 CMdea E. MY. En FI0J0.H1. Bar No. BB) E. Prima Vit, ))2.3383)45 IfcomuK n Pub Tan: January I9, T[nPMA]I.»[ Z.LI l e I -L 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 Countv 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 Countv Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION ADDRESS: 240516 1h Avenue, Vero Beach Althea McKenzie PHONE: 772-501-2385 SUBJECT MATTER FOR DISCUSSION: CDBG Citizen Advisory Task Force and Thresholds for Water Utilities IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES a NO IS THIS AN APPEAL OF A DECISION YES NO CDBG: Review of Recent Selection, Election and Vote and surplus WHAT RESOLUTION ARE YOU funds payment to MSBU for East Gifford Stormwater drainage; REQUESTING OF THE COMMISSION? Utilities: Establish monetary thresholds for cut-offs and establish specific payment dates that do not change month to month 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 Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: �- ?11J�sepph A. Baird MEETING DATE: DocumenO Bond Approved I in106 242 F Print Form 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 Countv 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 Countv Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: //� " e l o 0 Y n t C, l .S' e rntp ADDRESS: q 4 Yom" rr W lr 6`l PC' �. C / 4�__z -f 44 / e -r " ( 61,.r 27 01 e- t1c &- PHONE: f 7 SUBJECTM TTER FOR DISCUSSION: ItA/An o ✓t C,'Ylo� C / IS A PRESENTATION PLANNED? Yes ❑ No IS BACK-UP BEING PROVIDED? ❑ Yes `: No IS THIS AN APPEAL OF A DECISION? ❑ Yes ' g] No f L � c�Y1 ory� i � • � E � E(� rIr �-ti WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? A ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ Yes 1 ® No WHAT FUNDS ORACTIVITIESARE REQUIRED TO MEET THIS REQUEST? �-�' e ---j ��-n Transmitted to Administrator Via: Interactive Web Form E -Mail COUNTY ADMINISTRATOR: --— -- -- Fax Jos . A. Baird Mail Hand Delivered MEETING DATE: _ _ O Phone 243 PUBLIC NOTICE ITEM: 2/10115 LEGISLATIVE Indian River County Inter -Office Memorandum �� C Office of Management and Budget TO: Members of the Board of County Commissioners DATE: January 29, 2015 SUBJECT: Public Notice of Public Hearing Scheduled for February 17, 2015 to Consider Amending the Code of Indian River County to Create "The Indian River County Driver Education Program Trust Fund" to Implement the Dori Slosberg Driver Education Safety Act FROM: Jason E. Brown Director, Management & Bud t The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday, February 17, 2015, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 305.08, MAINTENANCE OF TRAFFIC EDUCATION PROGRAM TRUST FUND; SECTION 305.09, RESERVED; AND SECTION 305.10, USES AND PURPOSES OF TRAFFIC EDUCATION PROGRAM TRUST FUND, OF THE CODE OF INDIAN RIVER COUNTY TO CREATE "THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND" IMPLEMENTING THE DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, AND MERGING THE INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND INTO THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; PROVIDING FOR THE CREATION AND ADMINISTRATION OF THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; PROVIDING FOR THE CLERK OF THE CIRCUIT AND COUNTY COURT TO COLLECT AN ADDITIONAL $5.00 WITH EACH CIVIL TRAFFIC PENALTY ASSESSED IN THE INCORPORATED AND UNINCORPORATED AREAS OF INDIAN RIVER COUNTY TO BE DEPOSITED INTO THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND TO FUND DRIVER EDUCATION PROGRAMS IN PUBLIC AND NONPUBLIC SCHOOLS; PROVIDING FOR A QUARTERLY REPORT; PROVIDING FOR GRANTS FROM THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. /nhm APPROVED AGENDA ITEM: Indian River Co. Ap�pryed Date BY:,�ABaird Admin.Jos ph Co. Atty. County Administrator Budget Department Risk Mgmt 244 FOR: February 10, 2015 _ _ /oGOL, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIG); Community Development Director THROUGH: John McCoy, AICP; Chief, Current E �veYooi ent FROM: Ryan Sweeney; Senior Planner, Current Development DATE: January 23, 2015 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 10, 2015. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: February 17, 2015 Tracy Sabol's Request for Abandonment of a Right -of -Way for a 16' Alleyway Running from 1291h Place to 130th Street and Lying Behind Lots 1-10, Block 1 of the Townsite Plat of Roseland Subdivision [2014060049-72768 / ROWA-14-09-03] [Legislative] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. FOR: 1:)'41 APPROVED AGENDA ITEM: February 10, 2015 Indian River Co. A Date Admin. 4�r9ved Legal Budget Dept. l ZG�iS Risk Mgr. 245 FACommunity Development\CurDev\public hearings\BCC\2015\2-10-15 public hearing notice to board.docx 1 DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: February 2, 2015 SUBJECT: Quarterly Budget Report FROM: Jason E. Brown Director, Office of Management & ud t )a El - Attached is the staff report for the first quarter of fiscal year 2014/2015. Staff will make a presentation at the Board meeting. ATTACHMENT Quarterly Budget Report APPROVED AGENDA ITEM: BY: ; > J' ph A. Baird ounty Administrator FOR: February 10, 2015 Indian River County Administrator County Attorney Budqet Department Risk Manaqement A p oyed I at 12141 L'� � � I 246 Indian River County 2 5 q • ) ot, 'r,* F P 2 5 q • ) TABLE OF CONTENTS INTRODUCTION.......................................................... FUNDBREAKDOWN .................................................. REVENUE MATRIX .......................................... GENERAL FUND Revenue Manual ............................................... 2 AdValorem Property Taxes......................................................................................................................... 4 Inter -Fund Transfer....................................................................................................................................... 5 Half -Cent Sales Tax...................................................................................................................................... 6 Federal& State Grants.................................................................................................................................. 7 Inter -department Reimbursement ................................................................................................................. 8 StateRevenue Sharing.................................................................................................................................. 9 Sales& Use Taxes......................................................................................................................................10 Non -Major Revenue Sources...................................................................................................................... l l MUNICIPAL SERVICE TAXING UNIT (MSTU) FUND AdValorem Property Taxes....................................................................................................................... 12 FranchiseFee (Electric)..............................................................................................................................13 Half -Cent Sales Tax....................................................................................................................................14 Franchise Fee (Water & Sewer)..................................................................................................................15 StateRevenue Sharing................................................................................................................................ 16 CommunicationService Tax.......................................................................................................................17 FranchiseFee (Solid Waste).......................................................................................................................18 FranchiseFee (Natural Gas).......................................................................................................................19 Non -Major Revenue Sources...................................................................................................................... 20 TRANSPORTATION FUND Inter -Fund Transfer ............................. Constitutional Gas Tax ....................... County Fuel Tax ................................. Non -Major Revenue Sources .............. EMERGENCY SERVICES DISTRICT .................................................................................. 21 .................................................................................. 22 .................................................................................. 23 .................................................................................. 24 AdValorem Property Taxes....................................................................................................................... 25 AdvancedLife Support Charges................................................................................................................. 26 FireProtection Services.............................................................................................................................. 27 FireSafety Inspection/Plan Review............................................................................................................ 28 Non -Major Revenue Sources...................................................................................................................... 29 ENVIRONMENTALLY SENSITIVE LAND ACQUISITION BOND ............................................... 30 f - Revenue Manual SOLID WASTE DISPOSAL DISTRICT ServiceAssessments................................................................................................................................... 31 DemolitionCharges.................................................................................................................................... 32 RecyclingSales........................................................................................................................................... 33 Non -Major Revenue Sources...................................................................................................................... 34 SPECIAL REVENUE FUNDS TrafficImpact Fees..................................................................................................................................... 35 TrafficImpact Fee Districts........................................................................................................................ 36 ImpactFees................................................................................................................................................. 37 Secondary Roads (Local Option Tax)......................................................................................................... 38 TouristDevelopment Fund......................................................................................................................... 39 911 Surcharge............................................................................................................................................. 40 BeachRestoration Fund..............................................................................................................................41 CourtFacility Surcharge Fund.................................................................................................................... 42 AdditionalCourt Costs Fund...................................................................................................................... 43 CourtTechnology Fund.............................................................................................................................. 44 Federal/State Grants.................................................................................................................................... 45 Section 8 Rental Housing Assistance..................................................................................................... 45 State Housing Initiative Partnership Program (SHIP).......................................................................... 45 Metropolitan Planning Organization (MPO)........................................................................................ 45 IntergovernmentalGrants...................................................................................................................... 45 Miscellaneous Special Revenue Funds.......................................................................................................46 SpecialLaw Enforcement......................................................................................................................46 TreeOrdinance Fines............................................................................................................................. 46 DrugAbuse Program Fund.................................................................................................................... 46 Florida Boating Improvements Fund..................................................................................................... 46 LibraryBequests....................................................................................................................................46 Disable Access/Awareness.................................................................................................................... 46 TrafficEducation Fines.......................................................................................................................... 46 Municipal Services Benefit Unit(MSBU).................................................................................................. 47 East Gifford Stormwater Watershed MSBU.......................................................................................... 47 VeroLake Estates MSBU...................................................................................................................... 47 StreetlightingDistricts................................................................................................................................ 48 Gifford................................................................................................................................................... 48 Laurelwood............................................................................................................................................ 48 Rockridge............................................................................................................................................... 48 VeroHighlands......................................................................................................................................48 PorpoisePoint........................................................................................................................................48 LaurelCourt ...........................................................................................................................................48 TierraLinda........................................................................................................................................... 48 VeroShores............................................................................................................................................ 48 IxoraPark............................................................................................................................................... 48 PoincianaPark....................................................................................................................................... 48 RoselandRoad.......................................................................................................................................48 WhisperingPines................................................................................................................................... 48 Z!54. 3 Revenue Manual SPECIAL REVENUE FUNDS CONT'D Moorings................................................................................................................................................ 48 Walker's Glen........................................................................................................................................ 48 GlendaleLakes....................................................................................................................................... 48 FloraltonBeach...................................................................................................................................... 48 WestWabasso........................................................................................................................................ 48 OTHER DEBT SERVICE FUNDS Refund& Improvement Bond.................................................................................................................... 49 CAPITAL PROJECTS FUND OptionalSales Tax...................................................................................................................................... 51 ENTERPRISE FUNDS GolfCourse Fund................................................................................................................................... 52 CountyBuilding Department................................................................................................................. 52 UtilitiesFund......................................................................................................................................... 52 UtilitiesImpact Fee Fund....................................................................................................................... 52 25y.Y- Revenue Manual Introduction INDIAN RIVER COUNTY REVENUE MANUAL Indian River County, as a government agency, receives revenue from many sources. Along with these revenues come the "rules" on how the money can be spent. These "rules" are based on specific Florida Statues, County Ordinances or Codes, and Laws of Florida. The Uniform Accounting System of the State of Florida also dictates the funds (which we have characterized as "buckets" in this document) where revenue can be housed and spent. Therefore, the various funds which work like individual "buckets" for holding money, can only be used for specific things. The following is a breakdown of the various "buckets" where the revenues received by Indian River County are placed. Housed in the various funds are the individual revenues showing: • Revenue Description: Explanation of the revenue. • Legal Authorization: The specific Florida Statue and/or County Code that authorizes the collection of the revenue. • Special Requirements: How the rate/revenue is approved. • Source: How the revenue is generated. • Authorized Use: How the revenue can be spent. • Method of Payment: How the money is received by the County. • Frequency of Collection: How often the County receives the revenue • Approximate Annual Collection: How much revenue is received annually. • Finally, a chart showing the five year history of the revenue. The Indian River County Budget Office Staff hopes this revenue manual will give the reader a better understanding of how money is received and, more importantly, how it can be spent. Florida Statues can be found at: www.leg.state.fl.us Indian River Code can be found at: www.m u n icode.com/library/fl/ind ian_river_county/codes/code_of_Ordinances 1 aY� s Revenue Manual Introduction The Revenue Manual is organized first by various funds (buckets), then from largest revenue source to smallest. General Fund Municipal Services Taxing Unit (MSTU) Transportation Fund Emergency Services District Fund Ad Valorem taxes paid by all Indian River County property owners. Ad Valorem taxes paid by all unincorporated Indian River County property owners. Specific gas tax and transfers from the General & MSTU Fund. Ad Valorem taxes paid by all Indian River County property owners -except property owners in Indian River Shores. Environmentally Sensitive Land Acquisition Ad Valorem taxes paid by all Indian River County Bonds -Series 2006 property owners. Solid Waste Disposal District Municipal Service Benefit Unit (MSBU) Service Assessments paid by all Indian River County property owners that generate or are capable of generating solid waste. Assessment per parcel/acre for stormwater improvements to the specific benefit unit. Special Revenue Funds Revenues that are derived from things other than Ad Valorem taxes or Service Assessments but have restrictions in how they may be spent. Enterprise Funds Activities of government, which are operated and accounted for as a business. Enterprises rely principally on user fees earned by the business to fund operations. In Indian River County, the Utility System, Solid Waste Disposal District, Golf Course and Building Department are enterprises. 2 Taxes Series x General MSTU * Secondary Revenue Manual Beach 2001 Spring Matrix of Major Revenues Revenue Fund 001 Matrix of Major Revenues Fund 111 Roads Fund Property Taxes/Non-Ad Valorem Assessments Training Sales Tax MSTU Emergency Environmental Solid Waste Revenue General Fund Services District Sensitive Land Disposal MSBU and Street Bonds Fund 001 004 Fund 114 Acquisition Bond District Fund Lighting District Funds Fund 245 411 Ad Valorem Fund 204 Half Cent Sales Tax Property Tax Non -Ad Valorem Taxes The matrix above illustrates major revenues and their assigned funds. This is a quick reference and does not include all revenue received by Indian River County. 3 2_59,1 Series General MSTU Transportation Secondary Tourist Dev. Beach 2001 Spring Optional Revenue Fund 001 Fund 004 Fund 111 Roads Fund Restoration Training Sales Tax Fund 109 119 Fund 128 Bonds Fund 315 Fund 204 Half Cent Sales Tax State Revenue Sharing Constitutional Gas Tax County Gas Tax I - Local Option Gas Tax Tourist Tax Optional Sales Tax The matrix above illustrates major revenues and their assigned funds. This is a quick reference and does not include all revenue received by Indian River County. 3 2_59,1 Revenue Manual General Fund Ad Valorem Property Tax Fund 001 REVENUE Property taxes computed as a percentage of the value of real or personal property DESCRIPTION: expressed in mills. LEGAL AUTHORIZATION Florida Constitution Article VII, section 9(b), further defined in Florida Statutes FOR COLLECTION: sections 200.065, 200.071 County Resolution adopted annually for current millage rate. SPECIAL Two public hearings with appropriate public notice. REQUIREMENTS: Maximum millage rate is 10.0 mills. SOURCE: All Indian River County property owners. AUTHORIZED USE: All General Fund expenditures. arIN METHOD OF PAYMENT: Property owner pays tax bill to Tax Collector's Office who then remits payment to the County. FREQUENCY OF Annual property taxes are due by March 311t, however a maximum 4% discount is COLLECTION: given if paid by November 30th. The discount decreases by 1% for each month paid thereafter. APPROXIMATE $41,000,000 ANNUAL REVENUE: $50 $48 $46 — $44 — $42 — c $40 — $38 — $36 — $34 $32 -- $30 — Historical Revenues —$47.17 2009/10 0 2010/11 0 2011/12 0 2012/13 0 2013/14 4 2,fP • v REVENUE DESCRIPTION: Revenue Manual General Fund Inter -Fund Transfer Fund 001 Budgeted amounts transferred from one governmental accounting fund to another for work or services provided. In the General Fund this transfer revenue is the Municipal Services Taxing Unit (M.S.T.U.) portion of Law Enforcement services. SPECIAL The transfer rate given to the General Fund is 65.5% of Law Enforcement services. REQUIREMENTS: This is the unincorporated County residents' share of those services provided by the Sheriff's Office. The four Cities within the County have Police Departments that are funded through their City tax revenue. SOURCE: Funds are charged the amount budgeted for work or services provided by another fund. AUTHORIZED USE: All General Fund expenditures. METHOD OF PAYMENT: The Clerk of Court's Finance Department processes a journal entry to charge each fund for the budgeted amount of the transfer. FREQUENCY OF Journal entry is processed monthly. COLLECTION: APPROXIMATE $14,900,000 ANNUAL REVENUE: Historical Revenues $15,400,000 $15,245,000 $15,200,000 ti � mn oc� $15,000,000 $14,800,000 $14,600,000 $14,400,000 $14,200,000 2009/10 W 2010/11 n 2011/12 ■ 2012/13 ■ 2013/14 5 Z5 • 9 QR: Half -Cent SaIes Tax Fund 001 Revenue Manual General Fund REVENUE The Half -Cent Sales Tax program began in 1982 and generates the largest amount of DESCRIPTION: revenue for local governments from state -shared revenue sources. The program's primary purpose is to provide relief from ad valorem and utility taxes in addition to providing counties and municipalities with revenues for local programs. LEGAL AUTHORIZATION Florida Statute Sections 202.18(2)(c), 212.20(6), 218.60-.67, 409.915. FOR COLLECTION: SPECIAL Only those counties that meet the eligibility requirements for revenue sharing REQUIREMENTS: pursuant to Florida Statute 218.23 may participate. SOURCE: State receives sales and use taxes and multiplies the amount by 8.814% after the reduction for State Trust Funds. Monies are then distributed to counties and municipalities based on a distribution factor. These funds are then split between the General and M.S.T.U. Funds. AUTHORIZED USE: All General Fund expenditures. METHOD OF PAYMENT: Based on consumer spending, collected by the State and remitted to the County. FREQUENCY OF State remits payment to the County on a monthly basis. COLLECTION: APPROXIMATE $3,500,000 ANNUAL REVENUE: Historical Revenues $3,313,200 $3,966,441 ia 2009/10 u, 2010/11 ■ 2011/12 ■ 2012/13 ■ 2013/14 6 2-f y- 1 Federal & State Grants Revenue Manual General Fund Fund 001 REVENUE The County receives numerous Federal and State grants pertaining to emergency DESCRIPTION: management, transportation, library services, etc. Grant amounts received vary each year depending on eligible projects, available funding, and requests submitted. SPECIAL Only those operations that meet the eligibility requirements per each individual grant REQUIREMENTS: agreement may be awarded funding. SOURCE: Funds are received from the Federal or State Governments based upon each grant agreement. AUTHORIZED USE: Limited to only eligible expenditures outlined by each individual grant agreement. METHOD OF PAYMENT: Various methods of payment occur with different grant types, some being reimbursable and others being awarded incrementally. FREQUENCY OF COLLECTION: APPROXIMATE ANNUAL REVENUE: $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 Grants are received following award. $3,300,000 Historical Revenues $4,306,038 2009/10 a 2010/11 ■ 2011/12 ■ 2012/13 ■ 2013/14 VA ZSy• r i z * Revenue Manual F�ORI General Fund Inter -department Reimbursement Fund 001 REVENUE Charge to user funds for services provided by another fund. For instance, the General DESCRIPTION: Fund provides payroll support, legal services, administration, etc. to all other County funds. This charge helps prevent duplication of administrative services within funds. SPECIAL Funds charged the General and Administration charge must be users of services REQUIREMENTS: provided by the General Fund. SOURCE: User departments are charged 9.1954% (recalculated annually by the Finance Department) on their total salaries and benefits budgeted for the fiscal year. AUTHORIZED USE: All General Fund expenditures. METHOD OF PAYMENT: The Clerk of Court's Finance Department processes a journal entry to charge each fund for their share of the General & Administrative expenses. FREQUENCY OF Journal entry is processed monthly. COLLECTION: APPROXIMATE $3,200,000 ANNUAL REVENUE: $3,900,000 $3,700,000 $3,500,000 — $3,300,000 — $3,100,000 — $2,900,000 $2,700,000 $2,500,000 - Historical Revenues $3,754,457 $3,545,224 —$3;006777- — $2,690,952 2009/10 ■ 2010/11 02011/12 ■ 2012/13 ■ 2013/14 8 zsY- 12 REVENUE DESCRIPTION Revenue Manual General Fund State Revenue Sharing Fund 001 The Florida Revenue Sharing Act of 1972 was created by the Legislature to ensure a minimum level of revenue parity across units of local government. LEGAL AUTHORIZATION Florida Statute Sections 210.20(2), 212.20(6), 218.20-.26, 409.915 FOR COLLECTION: SPECIAL Several statutory requirements must be met to participate in the revenue sharing REQUIREMENTS: program beyond the minimum entitlement as stated in Florida Statute 218.23 (1). SOURCE: State receives 2.9% of net cigarette tax collections and 2.044% of sales and use tax collections. Counties receive their portion of the tax collection based on formulas considering population and sales tax collections from the previous year. AUTHORIZED USE: All General Fund expenditures with the exception of funds that can be used as a pledge for indebtedness. METHOD OF PAYMENT: Based on consumer spending, collected by the State and remitted to the County. FREQUENCY OF State remits payment to the County on a monthly basis. COLLECTION: APPROXIMATE $1,400,000 ANNUAL REVENUE: 9 2 -sq. V3 Revenue Manual General Fund Sales and Use Taxes (FKA Pari-Mutuel Tax) Fund 001 REVENUE Each year, the sum of $29,915,500 is divided into as many equal parts as there are DESCRIPTION: counties in the state. LEGAL AUTHORIZATION Florida Statute Sections 212.20(6)(d)6.a. FOR COLLECTION: SPECIAL All Counties are eligible to receive proceeds. REQUIREMENTS: SOURCE: State receives sales and use tax collections. Counties receive their portion of the tax collection based on number of counties in the state. AUTHORIZED USE: All General Fund expenditures. METHOD OF PAYMENT: Based on consumer spending, collected by the State and remitted to the County. FREQUENCY OF State remits payment to the County on or before January 5th and continues monthly COLLECTION: for a total of four months. APPROXIMATE ANNUAL REVENUE: $446,500 $500,000 $480,000 $460,000 $440,000 $420,000 $400,000 $380,000 $360,000 $340,000 $320,000 $300,000 Historical Revenues $446,500 $446,500 $446,500 $446,500 $446,500 2009/10 ■ 2010/11 ■ 2011/12 ■ 2012/13 ■ 2013/14 10 241-1q Revenue Manual General Fund Non -Major Revenue Sources Fund 001 Average Revenue Type —i -Collection Revenue Sources Other Licenses Fees & Permits $120,000 Animal Licenses and Developer Extension/Modification Fees Governmental Revenues $462,000 Misc. Sheriff Revenue including Fingerprinting, Accident Report Copies, Prisoner Revenue, etc. Culture/Recreation Revenues $150,000 Park & Recreation Fees and Building Rentals Court Related Revenues $70,000 County Civil Court Facility Fees and Court Revenues Other Charges for Services $25,000 Value Adjustment Board Fees Judgments &Fines $120,000 Domestic Violence Fines, Surcharges on Criminal Traffic Offenses Library Fines $55,000 Fines incurred at County Libraries Violation of Local Ordinances $55,000 Environmental Fines, Animal Control Fines, Animal Impoundment, Animal Redemption Penalty Interest $120,000 Interest Revenue received on outstanding fund balance Rents & Royalties $230,000 Building Rent and Radio Tower Rents Donations $130,000 FPL Disaster Preparedness Grant and donations from the Libraries Other Miscellaneous Revenue $625,000 Tax Deed Surplus, Prior Year Accounting Adjustments, Reimbursements, Fairground Fees, and other Misc. Revenue 11 REVENUE DESCRIPTION: Revenue Manual MSTU Fund Ad Valorem Property Tax Fund 004 Property taxes computed as a percentage of the value of real or personal property expressed in mills. LEGAL AUTHORIZATION Florida Constitution Article VII, section 9(b), further defined in Florida Statutes FOR COLLECTION: sections 200.065, 200.071 County Resolution adopted annually for current millage rate. SPECIAL Two public hearings with appropriate public notice. REQUIREMENTS: Maximum millage rate is 10.0 mills. SOURCE: All Indian River County property owners within the Unincorporated Area. Property owners in the Cities of Vero Beach, Sebastian, Fellsmere, Indian River Shores and Orchid do not pay this tax. fi AUTHORIZED USE: All MSTU Fund expenditures. METHOD OF PAYMENT: Property owner pays tax bill to Tax Collector's Office who then remits payment to the County. FREQUENCY OF Annual property taxes are due by March 3111, however a maximum 4% discount is COLLECTION: given if paid by November 3021. The discount decreases by 1% for each month paid thereafter. APPROXIMATE $7,800,000 ANNUAL REVENUE: Historical Revenues $10 $9.33 $9 , $8.11 $ $7 $6 y' c o $5 2 $4 $3 $2 $1 $0 _...... .__ $7.41 $7.21 $7.30 2009/10 U 2010/11 ■ 2011/12 0 2012/13 ■ 2013/14 12 ZS`f•It, REVENUE DESCRIPTION Revenue Manual MSTU Fund Franchise Fee (Electric) Fee -in -Lieu of Franchise Fee Fund 004 Revenues generated from franchise rights granted to Florida Power and Light (FP&L) and City of Vero Beach Electric to utilize county roads, streets, rights of way and other public places to supply electricity and other electric related services. LEGAL AUTHORIZATION Home Rule Authority FOR COLLECTION: County Code: 211.02 and 312.20 FP&L franchise agreement effective October 2007 for 30 years City of Vero Beach Electric agreement effective March 1987 for 30 years RATE: FP&L 5.9%, City of Vero Beach Electric 6% of gross sales SOURCE: FP&L and City of Vero Beach Electric customers of Indian River County within the Unincorporated Area. AUTHORIZED USE: All MSTU Fund expenditures. METHOD OF PAYMENT: Paid by FP&L and City of Vero Beach Utility customers through their monthly bill. FP&L & City of Vero Beach Electric remit funds to the County. FREQUENCY OF Monthly COLLECTION: APPROXIMATE $6,702,000 ANNUAL REVENUE: Historical Revenues 6C A, l n— $6,552,104 $6,930,957 2009/10 22010/11 IN 2011/12 im 2012/13 ■ 2013/14 13 1.77' 19 Half -Cent Sales Tax Fund 004 Revenue Manual MSTU Fund REVENUE The Half -Cent Sales Tax program began in 1982 and generates the largest amount of DESCRIPTION: revenue for local governments from state -shared revenue sources. The program's primary purpose is to provide relief from ad valorem and utility taxes in addition to providing counties and municipalities with revenues for local programs. LEGAL AUTHORIZATION Florida Statute Sections 202.18(2)(c), 212.20(6), 218.60-.67, 409.915. FOR COLLECTION: SPECIAL Only those counties that meet the eligibility requirements for revenue sharing REQUIREMENTS: pursuant to Florida Statute 218.23 may participate. SOURCE: State receives sales and use taxes and multiplies the amount by 8.814% after the reduction for State Trust Funds. Monies are then distributed to counties and municipalities based on a distribution factor. These funds are then split between the General and M.S.T.U. Funds. USE: All MSTU Fund expenditures. METHOD OF PAYMENT: Based on consumer spending, collected by the State and remitted to the County. FREQUENCY OF State remits payment to the County on a monthly basis. COLLECTION: APPROXIMATE $3,600,000 ANNUAL REVENUE: Historical Revenues $4,128,336 2009/10 �h2010/11 a 2011/12 ■ 2012/13 a 2013/14 14 Z s''l• I Q 010 REVENUE DESCRIPTION Revenue Manual MSTU Fund Franchise Fee (Water/Sewer) Fee -in -Lieu of Franchise Fee Fund 004 Revenues generated from franchise rights granted to Indian River County and City of Vero Beach Utilities to utilize county roads, streets, rights of way and other public places to supply water and other sewer related services. LEGAL AUTHORIZATION Home Rule Authority FOR COLLECTION: County Code 201.02.1 (a&b) City of Vero Beach franchise agreement effective 1987 for 30 years RATE: 6% of gross receipts SOURCE: Indian River County and City of Vero Beach Utilities customers of Indian River County within the Unincorporated Area. AUTHORIZED USE: All MSTU Fund expenditures. METHOD OF PAYMENT: Paid by Indian River County and City of Vero Beach Utilities customers through their $1,700,000 $1,600,000 $1,500,000 $1,400,000 $1,300,000 $1,200,000 $1,100,000 $1,000,000 Historical Revenues $1,591,733 $1,567,662 $1,573,516 $1,588,468 rA 2009/10 U, 2010/11 a 2011/12 0 2012/13 ■ 2013/14 15 monthly bill. Indian River County and City of Vero Beach Utilities remit funds to the County. FREQUENCY OF COLLECTION: Monthly APPROXIMATE $1,575,000 ANNUAL REVENUE: $1,700,000 $1,600,000 $1,500,000 $1,400,000 $1,300,000 $1,200,000 $1,100,000 $1,000,000 Historical Revenues $1,591,733 $1,567,662 $1,573,516 $1,588,468 rA 2009/10 U, 2010/11 a 2011/12 0 2012/13 ■ 2013/14 15 4 Revenue Manual MSTU Fund State Revenue Sharing Fund 004 REVENUE The Florida Revenue Sharing Act of 1972 was created by the Legislature to ensure a DESCRIPTION: minimum level of revenue parity across units of local government. LEGAL AUTHORIZATION Florida Statute Sections 210.20(2), 212.20(6), 218.20-.26, 409.915 FOR COLLECTION: SPECIAL Several statutory requirements must be met to participate in the revenue sharing REQUIREMENTS: program beyond the minimum entitlement as stated in Florida Statute 218.23 (1). SOURCE: State receives 2.9% of net cigarette tax collections and 2.044% of ""Ol sales and use tax collections. Counties receive their portion of the tax collection based on formulas considering population and sales tax collections from the previous year. USE: All MSTU expenditures with the exception of funds that can be used as a pledge for indebtedness. METHOD OF PAYMENT: Based on consumer spending, collected by the State and remitted to the County. FREQUENCY OF State remits payment to the County on a monthly basis. COLLECTION: APPROXIMATE $1,400,000 ANNUAL REVENUE: $1,700,000 $1,600,000 Historical Revenues $1,556,192 2009/10 W 2010/11 0 2011/12 0 2012/13 M 2013/14 16 4� R Communications Service Tax Fund 004 Revenue Manual MSTU Fund REVENUE The Florida communications services tax includes both a state tax and a gross receipts DESCRIPTION: tax. Communications services, except direct -to -home satellite service, are subject to the state tax of 6.65% and the gross receipts tax of 2.52%. Direct -to -home satellite service is subject to the state tax of 10.8 % and the gross receipts tax of 2.37% The Communications Service Tax encompasses voice, data, audio, video or any other information or signals, including cable services that are transmitted by any medium. Indian River also levies a local communications services tax of 1.84%. LEGAL AUTHORIZATION Florida Statute Sections 202.12(1)(a,b), 203.01(b) 202.19(2)(b,c) FOR COLLECTION: County Ordinance 2001-019 SOURCE: Florida consumers of communications services which originate and terminate in the state, or originate or terminate in the state and are billed to an address within the state. AUTHORIZED USE: All MSTU Fund expenditures. METHOD OF PAYMENT: Consumers pay the tax to the dealers who submit payment to the Florida Dept. of Revenue (DOR). The DOR administers the tax proceeds to the County based on the same formula used for the state revenue sharing. The local service tax portion is based on the actual collection amounts FREQUENCY OF COLLECTION: State remits payment to the County on a monthly basis. APPROXIMATE ALREVENUE Changes in communication service consumption along with service which are "bundled" do not pay this tax. Therefore, the Communications Service Tax is on the decrease. $1,250,000 $1,500,000 $1,400,000 $1,300,000 $1,200,000 $1,100,000 - $1,000,000 Historical Revenues 51,360,000 $1,382,865 2009/10 2010/11 M 2011/12 m 2012/13 iv 2013/14 17 Z fJ• 2.1 a Revenue Manual MSTU Fund Franchise Fee (Solid Waste) Fund 004 REVENUE Revenues generated from franchise rights granted to Republic Services and Waste DESCRIPTION: Management for collection of regulated solid waste. LEGAL AUTHORIZATION Home Rule Authority FOR COLLECTION: County Code 204.08.1 Agreement with franchise haulers effective October 2008 for 7 years RATE: 6% of gross receipts SOURCE: Republic Services and Waste Management customers of Indian River County within the Unincorporated Area. AUTHORIZED USE: All MSTU Fund expenditures. METHOD OF PAYMENT: Paid by Indian River County customers to Republic Services and Waste Management through their monthly bill. Republic Services and Waste Management remit funds to the County FREQUENCY OF COLLECTION: Monthly APPROXIMATE $447,600 ANNUAL REVENUE: Historical Revenues $500,000 $450,000 $429,957 $428,174 SdFF nm $479,871 18 REVENUE DESCRIPTION: Revenue Manual MSTU Fund Franchise Fee (Natural Gas) Fund 004 Revenues generated from franchise rights granted to Florida City Gas. LEGAL AUTHORIZATION Home Rule Authority FOR COLLECTION: County Code 312.21 Effective 7/1/2013 for 25 years RATE: 6% of gross receipts SOURCE: Florida City Gas customers of Indian River County within the Unincorporated Area. AUTHORIZED USE: All MSTU Fund expenditures. e�p METHOD OF PAYMENT: Paid by Indian River County customers to Florida City Gas through their monthly bill. Florida City Gas remits funds to the County. FREQUENCY OF COLLECTION: Monthly APPROXIMATE $60,707 ANNUAL REVENUE: $100,000 $85,000 $70,000 $55,000 $40,000 $25,000 $1Q000 2009/10 62010/11 ■ 2011/12 ■ 2012/13 ■ 2013/14 Historical Revenues $98,046 19 Non -Major Revenue Sources Fund 004 Revenue Manual MSTU Fund Revenue Type Average Revenue Sources Collection Gifford Aquatic Center, North County Aquatic Center, Culture/Recreation Revenues $741,000 Shooting Range and Recreation program fees Building Permits $185,000 Land development review fee -to pay for planning services Business Tax collected by Tax Collector and remitted to the Local Business Tax $180,000 County Other Miscellaneous Revenue $115,000 Tree Ordinance Inspection Fee, Mobile Home License Violation of Local Ordinances $105,000 Code Enforcement Fines Interest $95,000 Interest Revenue received on outstanding fund balance 20 2 J y' Zy Inter -Fund Transfer Fund 111 Revenue Manual Transportation Fund REVENUE Budgeted amounts transferred from one governmental accounting fund to another DESCRIPTION: for work or services provided. In the Transportation Fund this transfer revenue is provided by a combination of General Fund and M.S.T.U. Fund Dollars. SPECIAL The Transportation Fund receives interfund transfers from the General Fund and REQUIREMENTS: M.S.T.U. Fund to support expenses of the fund not covered by other fund revenues (e.g. gas taxes, interest, etc.). SOURCE: Funds are charged the amount budgeted for work or services provided by another fund. AUTHORIZED USE: All Transportation Fund expenditures. METHOD OF PAYMENT: The Clerk of Court's Finance Department processes a journal entry to charge each fund for the budgeted amount of the transfer. FREQUENCY OF Journal entry is processed monthly. COLLECTION: APPROXIMATE $7,904,000 ANNUAL REVENUE: $9,500,000 $9,000,000 $8,500,000 - $8,000,000 - $7,500,000 $7,000,000 - $6,500,000 Historical Revenues $8,951,106 $7,657,704 $7,499,582 $7,459,882 2009/10 2010/11 ■ 2011/12 ■ 2012/13 ■ 2013/14 21 zsy�� Constitutional Gas Tax Fund 111 REVENUE State tax of 2 cents per gallon on motor fuel. DESCRIPTION: Revenue Manual Transportation Fund LEGAL AUTHORIZATION Florida Statute 206.41(1)(a), 206.45, 206.47, 336.023, and 336.024 FOR COLLECTION: SPECIAL All Counties are eligible to receive proceeds. REQUIREMENTS: SOURCE: Motor Fuel purchases. AUTHORIZED USE: The first call on the tax proceeds is to meet the debt service' requirements, if any, on local bond issues backed by the tax proceed. The remaining balance is used for the acquisition, construction, and maintenance of roads. METHOD OF PAYMENT: The tax is paid into the state treasury by the Department of Revenue (DOR) and is then transferred to the State Board of Administration (SBA). The SBA calculates a monthly allocation based on statutes and credits each County's account. FREQUENCY OF Taxes are received monthly. COLLECTION: APPROXIMATE $1,595,000 ANNUAL REVENUE: $1,700,000 $1,600,000 i $1,500,000 $1,400,000 $1,300,000 $1,200,000 Historical Revenues ^, ,^' 61 $1,628,183 2009/10 k 2010/11 ■ 2011/12 0 2012/13 0 2013/14 22 zsyz� County Fuel Tax Fund 111 Revenue Manual Transportation Fund REVENUE Tax of 1 cent per gallon on motor fuel collected by the State and remitted to the DESCRIPTION: Counties. LEGAL AUTHORIZATION Florida Statute Sections 206.41(1) and 206.60. FOR COLLECTION: SPECIAL All Counties are eligible to receive proceeds. REQUIREMENTS: SOURCE: Motor fuel purchases. AUTHORIZED USE: The first call on the tax proceeds is to meet the debt service to requirements, if any, on local bond issues backed by the tax proceed. The remaining balance is used for the acquisition, construction, and maintenance of roads. METHOD OF PAYMENT: The tax is paid into the state treasury by the Department of Revenue (DOR) and is then transferred to the State Board of Administration (SBA). The SBA calculates a monthly allocation based on statutes and credits each County's account. FREQUENCY OF Taxes are received monthly. COLLECTION: APPROXIMATE $698,000 ANNUAL REVENUE: $750,000 $700,000 $650,000 $600,000 $550,000 $500,000 Historical Revenues Icon ncn $699,104 $696.160 $697,832 $705,648 0 2009/10 i 2010/11 0 2011/12 0 2012/13 0 2013/14 23 ®R% Revenue Manual Transportation Fund Non -Major Revenue Sources Fund 111 Revenue Type AverageCollection Revenue Sources Other Licenses Fees &Permits $60,000 Portion of Building Permit revenues used to fund Transportation related expenses State Grants $330,000 Department of Transportation Traffic Signal Enhancement Grant Transportation Revenues $35,000 Water/Sewer Paving Services Other Charges for Services $55,000 Metropolitan Planning Organization Services and Planned Residential Development Applications Interest $38,000 Interest Revenue received on outstanding fund balance Impact Fees $75,000 Capital Improvement Assessments Other Miscellaneous Revenue $900,000 Rents & Royalties, Reimbursements, Traffic Sign Production, and other miscellaneous Traffic Engineering Fees 24 ..1. 11 1 1 IL Z�.LQ _,_I I , L11�. REVENUE DESCRIPTION: Revenue Manual Emergency Services District Ad Valorem Property Tax Fund 114 Property taxes computed as a percentage of the value of real or personal property expressed in mills. LEGAL AUTHORIZATION Florida Constitution Article VII, section 9(b), further defined in Florida Statutes FOR COLLECTION: sections 200.065, 200.071. County Resolution adopted annually for current millage rate. Authorized via voter referendum in 1992. SPECIAL Two public hearings with appropriate public notice. REQUIREMENTS: Maximum millage authorization is 3.5 mills (County Code 208.05). SOURCE: All Indian River County property owners with the exception of d Indian River Shores.` AUTHORIZED USE: All Emergency Services District expenditures. METHOD OF PAYMENT: Property owner pays tax bill to Tax Collector's Office who then remits payment to the County. FREQUENCY OF Annual property taxes are due by March 311t, however a maximum 4% discount is COLLECTION: given if paid by November 30th. The discount decreases by 1% for each month paid thereafter. APPROXIMATE $19,252,000 ANNUAL REVENUE: $24 $22.01 Historical Revenues $20.03 2009/10 W 2010/11 0 2011/12 0 2012/13 112013/14 25 Zf y .Z 9 �r Revenue Manual Fj RV Emergency Services District Advanced Life Support Charges Fund 114 REVENUE Patients transported to the hospital by Advanced Life Support Ambulances are billed DESCRIPTION: by the County for the service. LEGAL AUTHORIZATION Florida Statute Section 191.006(11) FOR COLLECTION: Fee schedule approved by the Board of County Commissioners on April 17, 2001 and allows the fee schedule to be the maximum allowed by Medicare. SPECIAL Home Rule authority allows for funds to be derived from service charges enforced by REQUIREMENTS: a dependent special district. SOURCE: Charges are paid by citizens who are transported by Fire Rescue personnel. AUTHORIZED USE: All Emergency Services District expenditures. °Fa METHOD OF PAYMENT: The Clerk of Court's Finance Department processes a journal entry to record the revenue received from patients via a lockbox service. FREQUENCY OF Journal entries are processed daily, or as often as necessary when funds are received. COLLECTION: APPROXIMATE $4,741,632 ANNUAL REVENUE: Historical Revenues $5,500,000 26 2sy-30 $5,213,165 $5,183,003 $5,000,000 - $4,777,547 $4,523,264 $4,500,000 1 N// $4,011,182 $4,000,000 $3,500,000 - 2009/10 2010/11 2011/12 ■ 2012/13 ■ 2013/14 26 2sy-30 �E Revenue Manual Rl Emergency Services District Fire Protection Services Fund 114 REVENUE The City of Vero Beach operates and maintains the Vero Beach Municipal Airport. DESCRIPTION: Federal regulations set rigid standards for certification of airports with air carrier operations and in order to remain in compliance, aircraft rescue and firefighting protection are necessary. The Emergency Services District provides these services. LEGAL AUTHORIZATION Agreement with the City dated July 1989. FOR COLLECTION: SPECIAL Home Rule authority allows for funds to be derived from service charges enforced by REQUIREMENTS: a dependent special district. SOURCE: City of Vero Beach — Vero Beach Municipal Airport AUTHORIZED USE: All Emergency Services District expenditures. METHOD OF PAYMENT: The City of Vero Beach remits a check for services. FREQUENCY OF Checks are received monthly. COLLECTION: APPROXIMATE $159,000 ANNUAL REVENUE: Historical Revenues $250,000 27 zfy- -�?l Revenue Manual Emergency Services District Fire Safety Inspection/Plan Review Fund 114 REVENUE In accordance with the Florida Fire Prevention Code and the Florida Building Code, DESCRIPTION: the Emergency Services District reviews plans for new occupancies, renovations, additions, and subdivisions for compliance with said codes. The Emergency Services District is authorized to charge a fee to recover costs incurred in the review. LEGAL AUTHORIZATION Florida Statute Section 125.56 (2), 191.009 (3) (d), Indian River County Resolution FOR COLLECTION: #2004-071. County Code 208.11 SPECIAL REQUIREMENTS: Fire Safety Plan Review and Inspection is required by the Florida Fire Prevention Code and Florida Statutes. SOURCE: All new construction, renovations, alterations, or changes of occupancy. , AUTHORIZED USE: All Emergency Services District expenditures. cr METHOD OF PAYMENT: Fees are paid in full at time of application. No permits may be issued unless the applicable fee has been received. FREQUENCY OF Journal entries are processed daily, or as often as necessary when funds are received. COLLECTION: APPROXIMATE $144,000 ANNUAL REVENUE: Historical Revenues $250,000 $204,144 $200,000 28 Lfy��z Revenue Manual Emergency Services District Non -Major Revenue Sources Fund _114 Revenue Type AverageCollection Revenue Sources State Shared Revenues $45,000 Interest $45,000 Other Miscellaneous Revenue $100,000 Firefighters Supplemental Compensation Grants Interest Revenue received on outstanding fund balance Witness Fees, Refunds of Prior Year Expenses, and Reimbursements 29 2.riP Revenue Manual Land Acquisition Bonds Environmentally Sensitive Land Acquisition Bonds -Series 2006 Fund 245 REVENUE In November 2004, Indian River County voters approved a referendum to issue DESCRIPTION: general obligation bonds in the principal amount not to exceed $50,000,000 to acquire Environmentally Sensitive Land. LEGAL AUTHORIZATION Florida Statute 200.065 & 125.013. FOR COLLECTION: County Resolution adopted annually for current millage rate. Voter Referendum approved November 2004 SPECIAL REQUIREMENTS: Two public hearings with appropriate public notice. Not to exceed % mil and not for more than 15 years SOURCE: All Indian River County property owners. AUTHORIZED USE: Acquisition by the County of lands to protect water resources and/or drinking water sources, environmentally significant lands, historic sites, and/or agriculture land. METHOD OF PAYMENT: Property owner pays tax bill to Tax Collector's Office who then remits payment to the County. FREQUENCY OF Annual property taxes are due by March 315`, however a maximum 4% discount is COLLECTION: given if paid by November 30th. The discount decreases by 1% for each month paid thereafter. APPROXIMATE ANNUAL REVENUE: $4,700,000 Historical Revenues $6,000,000 i $5,000,000 $4,815,153 $4,653,588 $4,652,136 $4,656,488 $4,722,412 $4,000,000 b — �s SMF �s x $3,000,000 — $2,000,000 o 2009/10 a 2010/11 2011/12 ■ 2012/13 ■ 2013/14 30 zry 3y V Revenue Manual I xa Solid Waste Disposal District Service Assessments Fund 411 REVENUE Service Assessments are computed on a per waste generation unit (WGU) basis. All DESCRIPTION: improved residential real property, improved commercial real property, and any other improved real property that generates or is capable of generating solid waste is charged a residential or a commercial rate based on the number of WGU's they are anticipated to generate. LEGAL AUTHORIZATION Florida Statute 125.01(5)(a), 403.7049, County Code 204, Ordinance 87 - FOR COLLECTION: 67, County Resolution adopted annually for current assessment rate. SPECIAL Two public hearings with appropriate public notice. REQUIREMENTS: SOURCE: All improved residential real property, improved commercial real property, and any other improved real property that generates or is capable of generating solid waste. AUTHORIZED USE: All Solid Waste Disposal District expenditures. METHOD OF PAYMENT: Property owner pays assessment to Tax Collector's Office who then remits payment to the County. This assessment is collected on the tax bill via the "uniform method" of collection in accordance with Florida Administrative Code Chapters 12D-18. FREQUENCY OF Annual service assessments are due by March 31St, however a maximum 4% discount COLLECTION: is given if paid by November 30th. The discount decreases by 1% for each month paid thereafter. APPROXIMATE $7,600,000 ANNUAL REVENUE: $8,250,000 $8,000,000 $7,750,000 $7,500,000 $7,250,000 $7,000,000 Historical Revenues $8,093,461 $7,724,113 $7,730,820 31 zfy-3s g � Revenue Manual rzV Solid Waste Disposal District Demolition Charges Fund 411 REVENUE Landfill customers disposing of construction and demolition debris must pay a tipping DESCRIPTION: fee based on tonnages disposed of. LEGAL AUTHORIZATION Florida Statute 403.7049, County Code 204, Ordinance 2003-014, County FOR COLLECTION: Resolution 2012-001. SPECIAL Must be a dependent special district to levy charges. REQUIREMENTS: SOURCE: Tipping fees are paid by landfill customers disposing of construction and demolition debris. AUTHORIZED USE: All Solid Waste Disposal District expenditures. METHOD OF PAYMENT: The Clerk of Court's Finance Department processes a journal entry to record the revenue received from tipping fees. FREQUENCY OF Journal entries are processed daily. COLLECTION: APPROXIMATE $890,000 ANNUAL REVENUE: $1,100,000 $950,000 Historical Revenues $1,057,524 32 fly•-�6 Recycling Sales Fund 411 Revenue Manual Solid Waste Disposal District REVENUE The Solid Waste Disposal District awards contracts to various vendors to process i DESCRIPTION: recycled materials. 11 LEGAL AUTHORIZATION Florida Statute 403.7032, County Code 204 FOR COLLECTION: SPECIAL Home Rule authority allows for funds to be derived from service charges REQUIREMENTS: enforced by a dependent special district. SOURCE: Tipping fees are paid by select vendors who have contracts with the County to process recycled material. AUTHORIZED USE: All Solid Waste Disposal District expenditures. METHOD OF PAYMENT: The Clerk of Court's Finance Department processes a journal entry to record the revenue received from recycling sales. FREQUENCY OF Journal entries are processed when received. COLLECTION: APPROXIMATE $516,000 ANNUAL REVENUE: Historical Revenues $67.9,168__.___ __ 33 I 37 1 Revenue Manual Solid Waste Disposal District Non -Major Revenue Sources Fund 411 Revenue Type Average Revenue Sources Collection Septage/Sludge Disposal, Landfill Assessments, Lot Clearing Physical Environment $400,000 Revenue, Garbage/Solid Waste Sales, Tire Dumping Charges, Revenues Ash Byproduct Charges, Landfill Gas Sales, and Emission Reduction Proceeds Interest Rental Revenue ■ JI U■1. •Yi1. i.�ilrV■lYu d� $100,000 Interest Revenue received on outstanding fund balance $75,000 Rental Income received from use of District land 34 2A1,- 38 Revenue Manual Special Revenue Fund Traffic Impact Fees Fund 102 REVENUE A one-time charge in the development of land by applying for the issuance of a DESCRIPTION: building permit or an initial concurrency certificate to make an improvement to land which will generate additional impact on the roadways. LEGAL AUTHORIZATION Home Rule Authority FOR COLLECTION: County Code Chapters 1000-1012 RATE: Based on the fee schedule in Title X of the Code of Indian River County. Updated periodically as required in section 163.31801 Florida Statutes. SOURCE: The person applying for a building permit, mobile home set up permit or an initial concurrency certificate shall pay the impact fees assessed to the county community development department or to the participating municipality prior to the issuance of a building permit, mobile home set up permit or an initial concurrency certificate. AUTHORIZED USE: Traffic Impact fees are divided into 3 districts. Based on where the land development is located, the revenue will be used in that specific district for the capacity increasing transportation projects. See Traffic Impact Fee Districts on the following page. FREQUENCY OF One time charge on new development generating demand for additional COLLECTION: infrastructure. APPROXIMATE $2,310,000 ANNUAL REVENUE: Historical Revenues $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,715,230 $1,592,031 _ $1,500,000 $1,000,000 $3,098,221 $3,022,241 $2,125,965 2009/10 2010/11 2011/12 ■ 2012/13 M2013/14 35 Lfy 3 9 Revenue Manual Special Revenue Fund Traffic Impact Fee Districts Appendix B CR S12 J �Q 2 $R 60 4 3 Major Roads �Dstdct Boundaries 3 0 3 6 Was Indian River County Impact Fee Benefit Districts 36 2-1y- 1-f' Impact Fees (other) Fund 103 Revenue Manual Special Revenue Fund REVENUE A one-time charge in the development of land by applying for the issuance of a DESCRIPTION: building permit or an initial concurrency certificate to make an improvement to land which will generate additional facilities or services necessary as the result of the new development. LEGAL AUTHORIZATION Home Rule Authority FOR COLLECTION: County Code Chapters 1000-1012 RATE: Based on the fee schedule in Title X of the Code of Indian River County. Updated periodically as required in section 163.31801 Florida Statutes. SOURCE: The person applying for a building permit, mobile home set up permit or an initial concurrency certificate shall pay the impact fees assessed to the county community development department or to 0 < > the participating municipality prior to the issuance of a building permit, mobile home set up permit or an initial concurrency certificate. j 1 AUTHORIZED USE: Impact fee categories: Corrections, Law Enforcement, Fire/EMS, Solid Waste, Libraries, Public Buildings, and Administrative Fees. Capital improvement projects can expend monies collected in the category specified for the project. School District impact fees collected by the County are transferred to the School District. All impact fees must be used on capital projects to serve new development. FREQUENCY OF One time charge on new development generating demand for additional COLLECTION: infrastructure. APPROXIMATE ANNUAL REVENUE: $850,000 Historical Revenues $1,600,000 $1,408,031 $1,400,000 -- $1,200,000 $1,088,455 $1,000,000 — $789,741 $800,000 — ...... $600,000 — $491,835 $488,703 $400,000 2009/10 2010/11 ■ 2011/12 ■ 2012/13 M2013/14 37 2f I/- 1W Revenue Manual Special Revenue Fund Secondary Roads (Local Option Gas Tax) Fund 109 REVENUE In addition to other taxes allowed by law, there may be levied a 1 -cent to 6 -cent local DESCRIPTION: option fuel tax upon every gallon of motor fuel sold in a county and taxed under the provisions of part I of chapter 206. This revenue is split between the County and the five municipalities. LEGAL SUTHORIZATION Florida Statute Sections 206.41, 206.87, 336.025 FOR COLLECTION: County Code 209.02 Effective 9/1/1996 to 8/31/2026 RATE: Six Cents (6 Q) per gallon of motor fuel and special fuel sold in Indian River County SOURCE: The percentage of total revenue allocated to each eligible entity equals one-third (1/3) each of the entity's percentage of total equivalent lane miles of road plus the entity's percentage of transportation expenditures over the previous five (5) years plus the entity's total percentage of population residing in the area based upon the most recent estimate from the Florida Bureau of Economic and Business Research. AUTHORIZED USE: Transportation expenditures for the construction of new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing graded roads. Expenditures shall not include routine maintenance of roads. Local governments may pledge the revenues from local option fuel taxes to secure the payment of the bonds. METHOD OF PAYMENT: Paid by Indian River County fuel consumers and transmitted to the state by the vendor. The State of Florida submits the tax to the county monthly. FREQUENCY OF COLLECTION: State remits payment to the County on a monthly basis. Zfy yz z Revenue Manual R1 Special Revenue Fund Tourist Development Fund Fund 119 REVENUE Revenues generated from a levy of local option tourist development tax. DESCRIPTION: LEGAL AUTHORIZATION Florida Statue 125.0104 FOR COLLECTION: County Code 210 RATE: 1 % cents (1 %�) of the total levy of 4 cents for every dollar paid for tourist accommodations as described below. SOURCE: Recipients of the revenue generated by a person who rents, leases, or P, lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment `9 motel, rooming house, mobile home park, recreational vehicle park, y, condominium, or timeshare resort for a term of 6 months or less. AUTHORIZED USE: Annually, the Tourist Development Council awards funds to agencies for the promotion of tourism in Indian River County. These funds can also be used for paying the debt service on allowable bonds and operation and maintenance costs of a convention center (see Florida Statute 125.0104 (3)(1)1-4). METHOD OF PAYMENT: Paid by Indian River County dealers to the IRC Clerk of Court. The Clerk of Court deposits the money into this fund. FREQUENCY OF Monthly COLLECTION: APPROXIMATE $610,000 ANNUAL REVENUE: $800,000 $700,000 Historical Revenues $719,325 39 2 Xy y 3 1 911 Surcharge Fund 120 Revenue Manual Special Revenue Fund REVENUE Revenues generated from a 40 cent surcharge on all telephone and cell phone bills of DESCRIPTION: customers with an Indian River County billing address. J LEGAL AUTHORIZATION Florida Statue 365.172(9) and 365.173(2) FOR COLLECTION: RATE: 40 cents (40 �) per monthly phone bill SOURCE: Paid by Indian River County telephone and cell phone customers through their monthly bill. AUTHORIZED USE: To pay recurring and non-recurring costs of providing 911 or E911 services METHOD OF PAYMENT: Paid by Indian River County telephone and cell phone customers through their monthly bill. Phone providers remit payment to the Florida 911 and E-911 Board. The Board then transfers payment to Indian River County based on the allocated percentage. FREQUENCY OF Florida 911 and E-911 Board transmits payment monthly. PAYMENT: APPROXIMATE $762,000 ANNUAL REVENUE: Historical Revenues $900,000 40 o2ry yy C' Revenue Manual Special Revenue Fund Beach Restoration Fund Fund 128 REVENUE Revenues generated from a levy of local option tourist development tax. DESCRIPTION: State Grants for beach renourishment and artificial reefs are also located in this fund. LEGAL AUTHORIZATION Florida Statue 125.0104 FOR COLLECTION: County Code 210.01 RATE: 1 % cents (1'/: �) of the total levy of 4 cents for every dollar paid for tourist accommodations as described below. SOURCE: Recipients of the revenue generated by a person who rents, leases, or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, rooming house, mobile home park, recreational vehicle park, condominium, or timeshare resort for a term of 6 months or less. AUTHORIZED USE METHOD OF PAYMENT: To finance beach improvement, maintenance, renourishment restoration and erosion control, including shoreline protection, enhancement, cleanup, restoration of inland lakes and rivers to which there is public access. Paid by Indian River County dealers to the IRC Clerk of Court. The Clerk of Court deposits the money into this fund. FREQUENCY OF Monthly PAYMENT: APPROXIMATE $610,000 ANNUAL REVENUE: Historical Revenues $900,000 $750,000 $636,645 $653,731 $601,845 $600,000 $496,858 $544,85 $450,000 $300,000-$234,041 $150,000 $101,232 $o 1 11 0 1 $0 2009/10 2010/11 2011/12 2012/13 ■ Local Option Tourist Tax ■ State Grants 41 $719,326 $285,766 2013/14 r +� + Revenue Manual Special Revenue Fund Court Facility Surcharge Fund Fund 140 REVENUE An additional court cost paid by offender. DESCRIPTION: LEGAL AUTHORIZATION Florida Statue 318.18 FOR COLLECTION: County Code 305.13 RATE: $15 or $30 dependent on the infraction. SOURCE: Paid by the offender. AUTHORIZED USE: Interlocal Agreement between the 19th Judicial Circuit of the State of Florida (Chief Judge) and Indian River County, Martin County, 19 Okeechobee County and St. Lucie County. 25% of the revenue is transferred to the County's General Fund/Law Library .The remaining 75% of the revenue is used to fund other state -court facility construction as may be certified by the chief judge. METHOD OF PAYMENT: Paid by offender to the IRC Clerk of Court. The Clerk of Court deposits the money into this fund. FREQUENCY OF PAYMENT: APPROXIMATE ANNUAL REVENUE: $200,000 $150,000 $100,000 $50,000 Funds are transmitted monthly. $163,000 $0 - 2009/10 2010/11 2011/12 ■ 2012/13 2013/14 Historical Revenues c,7c; k7r $187,210-- $50,000 187,210- 42 Q +� +► Revenue Manual Special Revenue Fund Additional Court Costs Fund Fund 141 REVENUE An additional court cost paid by offender. DESCRIPTION: LEGAL AUTHORIZATION Florida Statue 939.185 FOR COLLECTION: County Code 305.11 Interlocal Agreement between the 19`h Judicial Circuit of the State of Florida (Chief Judge) and Indian River County, Martin County, Okeechobee County and St. Lucie County. RATE: While the penalty is $65.00, $16.25 or 25%, is transferred to the County's General Fund/law Library. The remaining $48.75 or 75% is deposited into this fund. SOURCE: Paid by the offender. 25% of the revenue is transferred to the County's General Fund/Law AUTHORIZED USE: Library. The remaining 75% of the revenue is distributed as follows: 25% to legal aid, 25% to teen court, and 25% to fund facility rent, maintenance, utilities & security of courthouse, court administration and drug court. METHOD OF PAYMENT: Paid by offender to the IRC Clerk of Court. The Clerk of Court deposits the money into this fund. FREQUENCY OF Funds are transmitted monthly PAYMENT: APPROXIMATE $82,000 ANNUAL REVENUE: Historical Revenues $100,000 $90,440 $80,000 ;,k„; .,• $60,000 $40,000 $20,000 $p $87,955 $84.323 0 2009/10 L 2010/11 0 2011/12 8 2012/13 0 2013/14 43 .Zfy• y 7 Court Technology Fund Fund 142 REVENUE An additional court cost paid by offender. DESCRIPTION: LEGAL AUTHORIZATION Florida Statue 28.24912)(e)(1) Revenue Manual Special Revenue Fund FOR COLLECTION: Constitution of the State of Florida: Article V, Section 14 Interlocal Agreement between the 19th Judicial Circuit of the State of Florida (Chief Judge) and Indian River County, Martin County, Okeechobee County and St. Lucie County. RATE: $2.00 per page recording fee SOURCE: Paid by the offender. AUTHORIZED USE: To fund court and court -related technology for the Court Administration, Guardian Ad Litem, State Attorney, and Public Defender's offices. METHOD OF PAYMENT: Paid by offender to the IRC Clerk of Court. The Clerk of Court deposits the money into this fund. FREQUENCY OF PAYMENT: APPROXIMATE ANNUAL REVENUE: Funds are transmitted monthly $246,000 Historical Revenues $350,000 $312,315 $300,000 $245,704 $253,796 $250,000 $221,882 — 1------ 44 lrzl- y8 Special Revenue Funds Federal/State Grants Revenue Manual Special Revenue Fund Section 8 Rental Fund 108 $2,033,000 Federal Grant Funding provided by a grant from the US LEGAL Dept. of Housing. Provides rental APPROXIMATE assistance for low-income housing. State Housing Fund 123 REVENUE TYPE FUND ANNUAL AUTHORIZATION REVENUE DESCRIPTION Partnership as impact fees, down payment and home Program (SHIP) rehabilitation low or no interest loans and REVENUE grants to eligible applicants. Metropolitan Fund 124 $500,000 Federal/State Pass through Federal/State funding Planning COLLECTION through a joint participation agreement Section 8 Rental Fund 108 $2,033,000 Federal Grant Funding provided by a grant from the US Housing Assistance Dept. of Housing. Provides rental assistance for low-income housing. State Housing Fund 123 $283,700 State Grant Funding provided by SHIP. Provides local Initiative affordable housing through such activities Partnership as impact fees, down payment and home Program (SHIP) rehabilitation low or no interest loans and grants to eligible applicants. Metropolitan Fund 124 $500,000 Federal/State Pass through Federal/State funding Planning Grant through a joint participation agreement Organization (MPO) between the FDOT and the Indian River County MPO. The MPO is a legislative agency responsible for transportation planning in the urbanized are of Indian River County Intergovernmental Fund 136 $1,229,000 State Grant Pass through grants from Department of Grants Housing and Urban Development (HUD). 45 kk REVENUE TYPE Special Law Enforcement Tree Ordinance Fines Drug Abuse Program Fund Florida Boating Improvements Fund Library Bequests Disable Access/Awareness Traffic Education Fines *suspended 9/16/06 reinstated 3/1/15 46 �2Sy S v Revenue Manual Special Revenue Fund Special Revenue Funds Miscellaneous APPROXIMATE LEGAL FUND ANNUAL AUTHORIZATION REVENUE DESCRIPTION REVENUE FOR COLLECTION Fund $45,000 F.S. 775.083(2) Fines collected for a conviction other 112 than a capital felony. Funds are expended on crime prevention programs and safe neighborhood programs. Fund $20,000 County Code 927 Fines assessed against individuals for 117 illegal removal of protected trees. Fund $98,000 F.S. 893.165 & Fines collected on criminal drug cases 121 938.21 and grant funding under the State Anti - Drug Program. Fund $70,000 F.S. 328.72 Boat registration fees. Expenditures may 133 be used for recreation channel marking, public launching facilities and other boating -related activities. Fund $38,700 Donations Donations made to the county libraries. 134 Fund $500 F.S.316.008 Fines collected on parking tickets for 135 illegally parking in handicapped assigned parking spots. Fund $235 F.S.318.125 A traffic surcharge of $S.The "Dori 137 Slosberg Driver Education Safety Act" provides funding for driving programs in schools 46 �2Sy S v x +� +► Revenue Manual Special Revenue Fund Municipal Services Benefit Unit (MSBU) REVENUE DESCRIPTION: Provides funding for the costs of improvements of the existing drainage system and maintenance of the improved drainage system within the boundaries of the unit. LEGAL AUTHORIZATION Florida Statue: 197.3632 FOR COLLECTION: Ordinance/County Code for each MSBU listed below County Resolution adopted annually for current rate. Two public hearings with appropriate public notice. SOURCE: Property owner pays tax bill to Tax Collector's Office who then remits payment to the County. RATE: The Non -Ad Valorem rate for each MSBU is listed below. This assessment is per Parcel/Acre. If the property is 1 acre or less the charge would be that rate. If the property is more than 1 acre- the charge would be the rate times the number of acres. REVENUE TYPE FUND East Gifford Stormwater Fund 171 Watershed MSBU Vero Lake Estates MSBU Fund 185 ASSESSMENT LEGAL AUTHORIZATION FOR PER COLLECTION PARCEL/ACRE $10.00 County Code: 200.30.01-200.30.05 $50.00 47 48 Ordinance # 84-81 1fy s i Vis;. j � $ _ `� 247 ci E m m c N u 0 Ny0 t_ Q7 > L a1 O O W O O d N 1, 1: M O u v > a a 3 Z �6 N °a > Q > ° a opo ELn > m E o �i c z u o N N v`ni al 2 a > > N l0 L O N 6 O y W E cL w Q) ai aJ a) >. C O C c a u " d m a 3 `^ o E C w O 'a CO av W $' D Q1 F- v .�' 7 = ac °° N E E cu 18 C0 al L O O C Y w T L 'i a>+ O. 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E M O Vf O to CO N O a m R o0 m V1 n W O N VI r, N N M .-I tf VT in t0 N M V c V1 VT rl N O) N V1 to O O 0 00 m m o C v O O N O O N O t0 u N N N N N N � C CL c 0 p O �o 00 'i V1 N C 01 e-1 cf 01 M � NID r + a vii 01 0) 00 O en N CO c o OJ N m rn VT ko 01 V1 c - N x m m uO m V1 m N m m 00 m O0 � 0 p Ln Ln n o0O 0 p Ln C 01 e-1 cf 01 M � NID r + a +n ^ r 1 in H ko 01 V1 N N %0 m m uO m V1 m N m m 00 m O0 00 u ti 01 0Ln Qi �c v n vt oo ao ch p ri V? in in 4~ to N N Y1 m m n m O DD M N m t0 N W N P. L!1 m N Ln N toO 01 N R 4n L 254 N m Q =m n c O ^ r N CL C N L ` m O um Q O l7 Y1 m m n m O DD M N m t0 N W N P. L!1 m N Ln N toO 01 N R 4n L 254 —µ„'k'i A - I FJ INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT - TRAFFIC ENGINEERING DIVISION INTER -OFFICE MEMORANDUM DEPARTMENTAL - PUBLIC WORKS TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director FROM: Jeanne Br Traffic Analy SUBJECT: Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for: Upqrades to Traffic Siqnal Svstem Equipment Located on the State Highwav System in Indian River County FM# 228613-4-54-01 DATE: February 3, 2015 DESCRIPTION AND CONDITIONS The FDOT has prepared a joint participation agreement (JPA) between the FDOT and Indian River County to enable the County to receive FDOT funding for upgrades to the County -operated traffic signal system. The JPA provides $695,705 in FDOT funds over a three (3) year period beginning July 1, 2014 and ending June 30, 2017. The FDOT funds will be used for the installation of automated traffic management and data collection equipment which will reduce traffic congestion, streamline vehicle flow and assist County traffic staff in managing a safe and efficient traffic signal system. Items typically purchased with these funds are: data collection modules, poles, video detection cameras, signal monitors and computer / controller equipment. ALTERNATIVES AND ANALYSIS The attached JPA is a standard agreement similar to past agreements the County has executed with the FDOT. The alternatives are as follows: Alternative No. 1 Approve the JPA and authorize the Chairman of the Board of County Commissioners to sign the JPA and accompanying resolution. Alternative No. 2 Deny approval of the JPA and cancel the project. F:\Traffic\Maya\BCC AGENDA ITEMS - RESOLUTIONS\AGENDA ITEMS\jpa upgrades to traffic signal system equipment February 2015.doc 255 FUNDING The JPA is funded in the amount of $695,705 and is funded in Fiscal Year 2014/2015 through 2016/2017 of the FDOT Work Program utilizing DDR (District Dedicated Revenue) funds. Revenue will be deposited into the Transportation Fund -DOT Traffic Signal Enhancement account #111033-334401. The expenditures supported by this JPA are included in the Traffic Engineering budget (account 11124541). RECOMMENDATIONS Staff recommends Alternative No. 1 - approval of the JPA. ATTACHMENT Five (5) Copies of the JPA Amendment No. 1 and Resolution APPROVED AGENDA ITEM FOR: February 10, 2015 Indian River County Administration Budget Legal Risk Management. Approve I Date d 1 lt(11 I Public Works C Traffic Engineerin F:\Traffic\Maya\BCC AGENDA ITEMS - RESOLUTIONS\AGENDA ITEMS\jpa upgrades to traffic signal system equipment February 2015.doc 256 for Road and Bridge Construction (2014), as amended. In the event the PARTICIPANT proceeds with the Construction of the Project with its own forces, the PARTICIPANT will only be reimbursed for direct costs (this excludes general and administrative overhead). However, before the PARTICIPANT can proceed with its own forces, all personnel shall be pre -approved by the DEPARTMENT. The Construction Engineering and Inspection (CEI) services will be provided by hiring a DEPARTMENT prequalified consultant firm. This includes one individual that has completed the Advanced Maintenance of Traffic Advanced Level Training. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida licensed Professional Engineer. The DEPARTMENT shall approve all CEI personnel in writing. The PARTICIPANT is hereby precluded from hiring the same consulting firm providing design services. In the event the PARTICIPANT proceeds with CEI Services of the Project with its own forces, the PARTICIPANT will only be reimbursed for direct costs (this excludes general and administrative overhead). However, before the PARTICIPANT can proceed with its own forces, all personnel shall be pre -approved by the DEPARTMENT. 9. Upon submission by the PARTICIPANT of a quarterly invoice, the DEPARTMENT's Project Manager will notify the DEPARTMENT's Traffic Operations Engineer to inspect and verify that services by the PARTICIPANT meets or does not meet the DEPARTMENT's standards/minimum level of service. 10. Invoices shall be submitted by the PARTICIPANT in detail sufficient for proper preaudit and postaudit thereof, based on the quantifiable, measurable, and verifiable units of deliverables as established in Exhibit B. Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager or designee prior to any reimbursement. Supporting documentation must establish that the deliverables were received and accepted in writing by the PARTICIPANT and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Paragraph 7, has been met. Supporting documentation shall include copies of any invoices for software purchases, hardware, etc., contracts, or vouchers evidencing in proper detail the nature and propriety of the Project charges. 11. The PARTICIPANT must submit the final invoice to the DEPARTMENT within 120 days after the final acceptance of the Project. Invoices submitted after the 120 days time period may not be paid as determined at the sole discretion of the DEPARTMENT. The final balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final cost documentation, and proper submission of a detailed invoice after the Project has been inspected, approved, and accepted to the satisfaction of the DEPARTMENT in writing. Page 3 259 12. The PARTICIPANT acknowledges and agrees that the DEPARTMENT's obligation to pay the sum set forth herein is contingent upon an annual appropriation by the Florida Legislature. 13. In the event the Project costs or Project modifications increase or exceed the amount authorized in paragraph 6, the DEPARTMENT and the PARTICIPANT shall meet and attempt to mutually agree to the amount and distribution of the additional funding needed to complete the Project. Any funding increase or modifications to the Project shall be added by means of an amendment to the Agreement to be signed by both parties before work is undertaken. However, in the event the PARTICIPANT and the DEPARTMENT fail to negotiate an amendment for any reason whatsoever, then the increase in the Project costs will be the sole responsibility of the PARTICIPANT. 14. Project costs eligible for DEPARTMENT participation will be allowed only from the date of this Agreement. It is understood that DEPARTMENT participation in eligible Project costs is subject to: a) Legislative approval of the DEPARTMENT's appropriation request in the Work Program year that the Project is scheduled to be committed. b) Approval of all plans, specifications, contracts, and all other terms of this Agreement. 15. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statues. 16. PARTICIPANT providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice from the PARA IUIPAN 1 the DEPARTMENT has (10) ten working days to inspect and approve the goods and services where working day is defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 110.117, Florida Statutes. The DEPARTMENT has 20 calendar days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 calendar days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 17. If payment is not available within 40 calendar days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one (1) dollar will not be enforced, unless the PARTICIPANT requests payment. Invoices that have to be returned to the PARTICIPANT because of PARTICIPANT preparation errors Page 4 260 will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 18. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 19. The PARTICIPANT shall establish for the Project, in conformity with uniform requirements that may be established by the DEPARTMENT, program guidelines, or procedures to facilitate the administration of the financing program, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the `Project Account'. The Project Account information shall be made available upon request by the DEPARTMENT at any time during the period of this Agreement and for a period of five years after the final payment is made. 20. The PARTICIPANT shall provide to the DEPARTMENT for each of its fiscal years for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or an independent Certified Public Accountant, reflecting the use of the funds of the DEPARTMENT, the PARTICIPANT, and those from any other source with respect to the Project. Audits shall be performed in accordance with Generally Accepted Government Auditing Standards contained in the Standards for Audit of Governmental Oreanizations. Programs. Activities and Functions. issued by the U.S. General Accounting Office and OMB CircularsA-133 where applicable. 21. In determining the amount of any payment, the DEPARTMENT will exclude all Project costs incurred by the PARTICIPANT prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the DEPARTMENT. 22. Prior to performing any of the work set forth in Exhibit A, Scope of Services, the PARTICIPANT must obtain approval in writing by the DEPARTMENT. The PARTICIPANT shall not execute any contract or obligate itself in any manner requiring the disbursement of DEPARTMENT funds to consultants, subconsultants, contractors and/or subcontractors, and/or any other third party with respect to the Project without the prior written approval of the DEPARTMENT. Failure to obtain such approval shall be sufficient cause for nonpayment by the DEPARTMENT. The DEPARTMENT specifically reserves unto itself the right to review the qualifications of any consultants, subconsultants, contractors and/or subcontractors to approve or disapprove the employment of the same. Page 5 261 23. It is understood and agreed by the parties hereto that participation by the DEPARTMENT in a Project with the PARTICIPANT, where said Project involves a consultant contract for engineering, architecture or surveying services, is contingent on the PARTICIPANT complying in full with provisions of Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act. The PARTICIPANT will involve the DEPARTMENT in the Consultant Selection Process for this Project. The PARTICIPANT must certify that any consultant utilized for the Project has been selected in accordance with the Consultant's Competitive Negotiation Act. 24. The PARTICIPANT agrees that the Project facilities and equipment will be used by the PARTICIPANT to provide and/or support enhancements to the operation of the computerized traffic signal system for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the DEPARTMENT. The PARTICIPANT further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment. This paragraph shall survive the termination of this Agreement and may be enforced by the DEPARTMENT. 25. The PARTICIPANT agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the PARTICIPANT, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 26. In the event it becomes necessary for the DEPARTMENT or PARTICIPANT to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 27. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 28. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section Page 6 262 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statues. 29. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the PARTICIPANT's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 30. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 31. The PARTICIPANT will comply with all Federal, State, and Local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under the Agreement. 32. E-Verifv. The PARTICIPANT/ Vendor/ Contractor: a) shall utilize the U.S. Department of Homeland Security's E -verify system to verify the employment eligibility of all new employees hired by the PARTICIPANT/ Vendor/Contractor during the term of the contract; and b) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Page 7 263 33. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 34. To the fullest extent permitted by law the PARTICIPANT's contractor shall indemnify and hold harmless the PARTICIPANT, the DEPARTMENT, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of contractor and persons employed or utilized by the contractor in the performance of this contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the DEPARTMENT's and the PARTICIPANT's sovereign immunity. 35. To the fullest extent permitted by law the PARTICIPANT's consultant shall indemnify and hold harmless the PARTICIPANT, the DEPARTMENT, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused, in whole or in part, by the professional negligence, error or omission, recklessness, or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the DEPARTMENT's and the PARTICIPANT's sovereign immunity. 36. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 37. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 8 264 38. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Jonathan Overton A second copy to: Office of the General Counsel If to the PARTICIPANT: Indian River County 1801 27a' Street Vero Beach, Florida 32960 Attn: Mr. Chris Mora, Public Works Director With A Copy to: County Attorney SPACE INTENTIONALLY LEFT BLANK Page 9 265 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. INDIAN RIVER COUNTY BY: NAME: TITLE: day of , 20_ ATTEST: COUNTY CLERK (SEAL) APPROVED AS TO FORM r _ / BY: G/ COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: COURTNEY DRUMMOND, P.E. DIRECTOR OF TRANSPORTATION OPERATIONS LEGAL REVIEW: BY: OFFICE OF THE GENERAL COUNSEL APPROVED: BY: PROGRAM MANAGEMENT ENGINEER Page 10 266 Exhibit A Scope of Services Upgrade to Traffic Signal System Indian River County The proposed automated traffic management system is designed to collect real time traffic count data which can then be utilized to facilitate traffic -adaptive operation along signalized corridors, to project future traffic needs, and to allow more efficient incident management. The system will be capable of automated reporting and data sharing utilizing email. The proposed traffic count locations are designed to accommodate the PARTICIPANT's existing concurrency management/ link count segments as well as future traffic -adaptive locations. EQUIPMENT The equipment to be supplied by the vendor/controller manufacturer is compatible with the existing system already in place in Indian River County. The count stations will consist of traffic adaptive system modules and data collection modules. The modules will be equipped with Bluetooth for field data collection. PHASING A five phase project, to be submitted by the vendor, poles to be installed by the PARTICIPANT'S current signal maintenance contractor, and to be implemented by the PARTICIPANT is proposed as follows: PHASE 1: SR -60 Consist of nine count stations on SR -60 between 90th Avenue and 20th Avenue, a six -and -one-half mile segment. Six of the count stations will be utilized for advanced detection for real-time traffic -adaptive traffic management. The real-time traffic -adaptive traffic management system will consist of five traffic signals along SR -60 at 66th Avenue, Indian River Mall/Hedden Place, 58th Avenue, 53`d Avenue/Wal-Mart and 43`d Avenue. This is a two mile long adaptive traffic management corridor segment. PHASE 2: Indian River Blvd. Consists of two count stations and five real-time traffic -adaptive signals on Indian River Boulevard / SR60 at 17th Street and also at Beachland Boulevard (Barber Bridge), a 1.3 mile long adaptive traffic management segment. Due to the close proximity of the traffic signals, advance detection will function through the use of both video detection from the upstream intersection as well as the radar. PHASE 3: US-1/SOUTH Consists of six count stations on US -1 between Highland Drive and SR -60, a five mile long segment. The count stations are located to cover existing link counts and future real time adaptive traffic management along US -1 between SR -60 and 4th Street. Page 11 267 PHASE 4: US -1 SEBASTIAN Consists of eight count stations and five real-time traffic -adaptive signals on US Highway 1. This adaptive system will included, CR -512 EB at US Highway 1, CR512 WB at US Highway 1, Main Street & US Highway 1, Jackson Street & US Highway 1 and Roseland Road & US Highway 1, a 2.6 mile long segment. The count stations will be used existing link counts and traffic adaptive advance detection. PHASE 5: US -1 /NORTH Consists of thirteen count stations on US Highway 1 between SR -60 and the city of Sebastian, a 9.8 mile long segment. The count stations are located to cover existing link counts and future real-time adaptive traffic management on US 1 between 23`d Street and 53`d Street. IMPLEMENTATION: Indian River County intends to have the current signal maintenance contractor, currently under contract with Indian River County, install the proposed poles to house the radar equipment. The additional equipment such as solar panels radar units and antennas are proposed to be installed by Indian River County Traffic Operations Staff Technicians. Page 12 F1 Exhibit B Deliverables FM# 228613-4-54-01 The Deliverables for the Project are as follows: Item Unit Estimated Qty. RADIO DATA COLLECTION MODULE W/ BLUE TOOTH EA 38 RADIO DATA COLLECTION HUB EA 23 ONSITE DATA COLLECTOR SETUP SUPPORT EA 1 CENTRAL DATA COLLECTION SOFTWARE MODULE EA 1 STORAGE SERVER OR INCREASE EXISTING SERVER EA 1 STORAGE ADAPTIVE CENTRAL CONTROL MODULE EA 1 CONTROLLER ADAPTIVE MODULE EA 15 DETECTOR CARD RACK EA 25 8 PHASE, SOP10, 16BAY, TYPE V CABINET ASSEMBLY EA 2 VIDEO DETECTION — 4 CAMERA SYSTEM EA 3 VIDEO DETECTION CAMERA EA 13 RACK MOUNTED VIDEO DETECTION CARD PROCESSOR EA 8 SDLC "Y" CABLE EA 23 INTERFACE HARDWARE EA 2 ADAPTIVE INTEGRATION, TESTING AND TRAINING EA 1 25 FOOT WOOD POLE (FURNISH & INSTALL BY EA 38 CONTRACTOR) The Participant will need written approval from the Department, if deviating from the Deliverables shown in Exhibit B. Page 13 -4 269 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A JOINT PARTICIPATION AGREEMENT FOR TRAFFIC SIGNAL SYSTEM EQUIPMENT UPGRADES WHEREAS, it is a policy of the State of Florida to construct and make improvements to the state transportation system in a cooperative partnership; and WHEREAS, such partnership shall be encouraged through the joint funding of projects that improve traffic flow and reduce congestion on the State Highway System; and WHEREAS, the Board of County Commissioners of Indian River County wishes to authorize the Chairman of the Commission to enter into a Joint Participation Agreement with the State of Florida Department of Transportation (FDOT) on behalf of the Commission, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners of Indian River County, Florida hereby authorizes the Chairman of the Commission to enter into a Joint Participation Agreement with the State of Florida Department of Transportation (FDOT) for: 1. The FDOT shall fund the project cost, as detailed in Exhibits A and B of the Traffic Signal System Equipment Upgrades Agreement. The Board authorizes the County Traffic Engineer to annually prepare, update and submit Exhibit A to, the FDOT for compensation. 2. The County shall maintain and operate the traffic signal system. If the project cost exceeds the amount shown in Exhibits A and B, the County shall pay the overage. 270 RESOLUTION NO. 2015 - The resolution was moved to adoption by Commissioner motion was seconded by Commissioner vote was as follows: Chairman, Wesley S. Davis Vice Chairman, Bob Solari Commissioner Joseph E. Flescher Commissioner Timothy Zorc Commissioner Peter D. O'Bryan and the , and, upon being put to a vote, the The Chairman thereupon declared the resolution duly passed and adopted this day of , 2015. Attest: Jeffrey R. Smith BOARD OF COUNTY COMMISSIONERS Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA In Deputy Clerk Wesley S. Davis Chairman 271 INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF UTILITY SERVICES Date: January 28, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service4) Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AP Eric Charest., Environmental Compliance Specialist Subject: Spoonbill Marsh — Update. DESCRIPTIONS AND CONDITIONS: Spoonbill Marsh has successfully been in operation close to five (5) years since its inception in August, 2010. The success is measured through the net environmental benefit associated with the operation of the Spoonbill Marsh wetland treatment system. The net environmental benefit can simply be described as the reduction of nutrients (Total Nitrogen, TN and Total Phosphorus, TP) by the Marsh system when compared to the untreated river water. Using ponds, aquatic plants and even oysters as natural percolation and filtration devices to treat the demineralization concentrate and river water is still considered a cutting-edge practice yet one that has proven to be effective. Apart from achieving its primary goal of water quality, the marsh is home to many migratory birds, fish and other terrestrial and aquatic wildlife, which has created a secondary benefit to the environmental enthusiast. The subject agenda is to update the board with the current operation and performance of the treatment facility known as Spoonbill Marsh. ATTACHMENT(sl: APPROVED FOR AGENDA: ByIndian River Co. Approv : Date r ` JosepfiA. Baird, County Administrator Administration ,'A��'�JS1, Legal . tel. 1.5 For:/ S Budget !b �% / i Date Utilities 2 t� Utilities -finance s► 1:\Utilities\UTILITY - Engineering\WATER\WTP - North RO\Spoonbill Marsh Wetland 2013\Admin\Agenda - Spoonbill Marsh-Update.docx a 272 1.3 .�;. I . 2/12/2015 SPOONBILL MARSH 2010 -2014 DATA REVIEW 2/11/2015 ;Zl2.2 2/11/2015 a 71.3 WATER QUALITY ❖ No Direct Discharge ❖ Total Nitrogen ❖ Total Phosphorus NO DIRECT DISCHARGE ❖ Spoonbill Marsh eliminates direct discharge by blending water from the Indian River with the discharge from the WTP ❖ Spoonbill Marsh creates estuarine water body by reducing salinity in Indian River 2/11/2015 09702.4 SALINITY ❖ Distilled Water 0.0 ppt ❖ WTP 2.8 ppt ❖ Indian River 30.5 ppt ❖ Ocean 36.0 ppt PERMIT REQUIREMENTS ❖USEPA Wasteload Allocation Total Nitrogen is set at 2,759 lb/year Total Phosphorus is set at 96 lb/year ❖Net Environmental Benefit 2/11/2015 NET ENVIRONMENTAL BENEFIT ❖ The total nutrient load to the Spoonbill Marsh equals the annual load from the Water Treatment Plant PLUS the annual load from the Indian River ❖ Must remove all the nutrients discharged from the Water Treatment Plant AND a portion of the nutrients discharged on-site from the Indian River WLA RESULTS TN TP Permit 2,759 lb/yr 96 lb/yr 2011-6,2831b/yr -2,773 lb/yr 2012-6,3101b/yr -2,869 lb/yr 2013 -45101 lb/yr -1,685 lb/yr 2014 -3,966 lb/yr-1,7441b/yr 2/11/2015 NET ENVIRONMENTAL BENEFIT VEGETATION Common Name TN TP Permit > 0 lb/yr > 0 lb/yr 2011 9,283 lb/yr 2,467 lb/yr 2012 9,206 lb/yr 2,784 lb/yr 2013 2,895 lb/yr 1,505 lb/yr 2014 2,910 lb/yr 1,622 lb/yr VEGETATION Common Name Scientific Name Common Name Scientific Name Red maple Acer rubrum Knotgrass Paspalum distichum Black mangrove Avicenna gemtinans Seashore paspalum Paspalum vaginatum Saltwort Batis maritima White indigobeny Randia aculeata Sea oxeye Borrichia frutescens Red mangrove Rhizophora mangle Bayleaf capertree Capparis flexuosa Cabbage palm Sabal palmetto Sea grape Coccoloba uvifera Annual glasswort Salicomia bigelowii Buttonwood Conocarpus erectus Perennial glasswort Salicomia virginica Swamp flatsedge Cyperus ligularis Brazilian pepper* Schinus terebinthifotius Saltgrass Distichlis spicata Saltmarsh bulrush Schoenoplectus robustus Tropical fimbry Fimbristylis cymosa Sea purslane Sesuvium portulacastrum Marsh fnnbry Fimbristylis spadicea Johnson grass* Sorghum halepense Marsh elder Iva fivtescens Smooth cordgrass Spartina altemiflom Black needlerush Juncus roemerianus Saltmeadow cordgrass Spartina patens White mangrove Laguncularia racemosa Seashore dropseed Sporobolus vnginicus Carolina sea lavender Limo ium carolinianum Sea blite Suaeda linearis Symphyotrichum Christmas berry Lycium carolinianum Perennial saltmarsh aster tenuifolium Guinea grass* Urochloa maximum Cattails Typha domingensis 2/11/2015 L71•7 70 60 a� 50 O V) 240 U U w 30 0 U 20 a Z 10 0 WILDLIFE 2005s 2010w 2010s 2011w 2011s 2012w 2012s 2013w 2013s Survey Period -4 -Mammals (Birds -*-Reptiles -*-Amphibians -*-Total FISHERIES Mangrove snapper (Lutjanus griseus) Snook (Centropomus undecimalis) Mullet (Mugil spp.) Sheepshead (Archosargus probatocephalus) Tarpon (Megalops atlanticus) Redfish (Sciaenops ocellatus) Sea trout (Cynoscion nebulosus) Black drum (Pogonias cromis) Needlefish (Strongylura sp) Barracuda (Sphyraena barracuda) 2/11/2015 211,8 2/11/2015 271,9 Oysters ❖ Not previously found within the SBM •'• Recruited on-site immediately ❖ Maintenance program to remove oysters from PS screen ❖ Found throughout ponds & mangroves ❖ Density increased from 2.81 oysters/m2 in 2011 to 5.28 oysters/m2 in 2013 ❖ Filtering 18 gpd to 24 gpd ❖ Potential habitat, refugia, base of food chain SUMMARY ❖ Spoonbill Marsh has meet the pen -nit requirements as shown above since start-up ❖ Mangroves have increased their on-site densities and distribution, and now provide a greater extent of habitat than previously existed on-site ❖ High marsh plant communities continue to exist on-site ❖ The number of terrestrial wildlife species using the Spoonbill Marsh as part of their habitat and/or home range has increased by over 200 percent ❖ Most or all age classes of game fish species have been found on-site since start-up 2/11/2015 21Z.10 u �L 0 c 0 0 CL N o v I N H H O � n oo rn Ln m O O O N o Ln o O X000 e 0 ~O O O O N e N O O N H a ri r` c O mV O rn rn ri O r' m (]Q m NN O CO N N N O N N }� O I O I � E Z O z LL Z _ N l0 ri •� � N ra Ct N 0 H p l� Ol O1 y 0x0 0 N O ei eti r 1 M nNLn.-4Ln0 c - N � > f4 w m m a � � CL N O O 1.1 � >_ ss 2 ry Q +� c w m m 0 0 0 0 3 z I z 3 ( I .> o v I N H H O mD rj �D Ln m m V X000 o Ln o O X000 e 0 0 0 N e N O O N H a ri r` m O mV O rn rn ri O r' m 00 O m M O Ql N N N r-1 N r -I � N O N � E Z O Z _ N l0 ri •� � N 00 Ct N 0 H p l� Ol O1 y 0x0 0 0 •--� �--� r 3 N N N � > o 0 m m Q' � CL N N N 1.1 � >_ 3 Q +� c w oc o 0 CL O 3 a O .> p O >_ 0� cc O o v I N H H O V, mD rj m Ln v 'y m V X000 m o O O X000 e 0 N CL F- N O O N H L ri r` m O mV O rn rn ri O r' m C rn ~O Ql Ql N Q O ry c -I r -I N N O N � E F- O Z _ N l0 ri •� � N O N N 0 3 76 00 Ql y °1 ' 0 o 4- ~ N a o N N N � 3 0 m m o 3 CL N N N 1.1 O >_ Q +� c w oc O 0 c O 3 a v p O >_ :5 O d' O_ oOc oc O m m N o w o 0 � V, l. Ln o Ln v Ln O m O X000 m o O O X000 e 0 E CL F- N O O N H L ri r` m O mV O rn rn ri O r' EN n rn � ON C) o �n o Lo O O O '�b Z O N � E F- Z _ N l0 ri •� � N O N N 0 3 � 00 Ql y °1 ' 0 o o N a LL N N N � 3 � 3 > o 3 CL O < > o O >_ Q +� c w oc O V, l. o O m O o m o O O X000 o 0 E o N O O O H L O mV O NO O O O r' n rn � ON C) o �n o Lo O O O '�b 4:- c O N � E E Z O .2! O •� F- N m m 0 N � 00 Ql y p o o o N 0 r4 N N N � 3 > o 3 < > o Q +� c 3 0 c O 3 a ro p a oOc oc O V, l. o O m O NO O O O o 0 m o N O O O L O mV O NO O O O r' n rn � ON C) o �n o Lo O O O �D tll d' m N N O 4:- c w 0 0 0 0 0 0 � ^ E O .2! O •� � N m m 0 o � 00 Ql z I z I 3 I o m o X000 E L F- Lo � m � E Z F -- I- 00 Ql y o 0 0 N CSD i N N � 3 > o Q LL c 3 ro p a w O Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: Attorney's Mutters - B. CC 02.10.15 Ofce of 13 A INDIAN RIVER COUNTY MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney/ January 27, 2015 Children Services Advisory Committee Vacancy ATTORNEY On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Member At Large" vacancy on the Children Services Advisory Committee, which term expires in January 2017. The vacancy has been advertised on the County's website in excess of 30 days. The following are the names of qualified applicants for this position, whose rdsumds and/or applications are available for review in the Commissioners' Front Office area: Caryn M. Toole Susan M. Blaxill-Deal RECOMMENDATION. The County Attorney recommends that the Board review the applicants' rdsumds/applications, and determine whether to appoint one of the applicants to fill the unexpired term for the "Member At Large" representative to the Children Services Advisory Committee. APPROVED FOR FEBRUARY 10, 2015 B.C.C. MEETING — ATTORNEY'S MATTERS BOUNTY ATTORNEY Fi'ullmrneylChristitm�('OMM17Tt1:'S1(ienrral Matters'Ji('C Agetxb Memosll50127 Committee 1 "cvwy (CSAC ).drxx Indian River Co. Apgrwei Date Admin. —. v als�is Co. Atty. r�� "} S Budget 2 Dept. Risk Mgr. 273 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Ofce of INDIAN MEMORANDUM TO: Aoard of County Commissioners FROM: Dylan Remgold, County Attorney DATE: February 2, 2015 Attorney's Matters - B. CC 02.10.15 06 RIVER COUNTY SUBJECT: Environmental Control Hearing Board Committee Vacancy ATTORNEY On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the vacant position of "Lawyer" on the Environmental Control Hearing Board, which term expires in January 2017. Pursuant to State Statute, Chapter 85-427, this individual has been recommended by the Indian River County Bar Association. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days, and there was one qualified applicant for this position, whose resume and/or application is for review in the Commissioners' Front Office area: KEVIN ROLLIN RECOMMENDATION. The County Attorney recommends that the Board review the applicant's rdsumd/application, and determine whether to appoint the applicant to fill the unexpired term for the "Lawyer" representative to the Environmental Control Hearing Board. APPROVED FOR FEBRUARY 10, 2015 B. C. C. MEETING — ATTORNEY'S MATTERS l())' � IV fj�COUNTTATTORNEY Indian River Co. Ap oyed Date Admin. ,Z Co. Atty. Budget �f Dept. Risk Mgr. F:U9torneylCNrislinalCOMM17TEEAGenernl AlanersIBCCAgenda Memos1I50101 Comminee Vacancy (ECHB).dom 274 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: Attorney's Matters - B. CC 02.10.15 Ofce of 12) C INDIAN RIVER COUNTY MEMORANDUM Board of County Commissioners Dylan Reingold, County January 27, 2015 Attorney r� ATTORNEY 2015 Committee Vacancies — Enterprise Zone Development Agency On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of annual appointments and reappointments. Pursuant to this process, on January 20, 2015, the Board appointed Chad Hamlin to serve as a member at large on the Enterprise Zone Development Agency (EZDA). Soon after the appointment it was discovered that Mr. Hamlin had moved out of Florida and thus was unable to serve on the EZDA. There is one qualified applicant for this position, whose application and resume is available for review in the Commission Office: GEORGE CONNELLY RECOMMENDATION. The County Attorney recommends that the Board review the applicant's application and rdsumd, and determine whether to appoint him to fill the member at large position on the EZDA. APPROVED FOR FEBRUARY 10, 2015 B.C.C. MEETING —ATTORNEY'SMATTERS COUNTYATTORNEY F: 41s.-yVid&VENERALVI C CUg-d.,W--1C—.ft a T--- )I (ELUA).d— Indian River Co. Risk Appr j�pd Date Administrator I? County Attorney �-111 il ;1Budget Vzj t5 v5n Department 17A171115- 7 27/15 Risk Manager 275 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, assistant County Attorney COUNTY ATTORNEY'S MATTERS: 2/10/15 Office of INDIAN MEMORANDUM RIVER COUNTY ATTORNEY 'l TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney lb DATE: February 3, 2015 SUBJECT: Board's Offer of Settlement to Linda and Tom Winkel Property located at 6650 45th Street, Vero Beach On May 4, 2010, the County and Tom and Linda Winkel (Winkels) entered into an Agreement for the Purchase and Sale of Real Estate (Agreement) for the 66th Avenue Road Project. In the Agreement, the County agreed to purchase 1.1 acres of real estate from the Winkels and perform other work in an effort to mitigate for and cure the taking. On August 19, 2014, the parties amended the Agreement (Amendment) to change some of the responsibilities of the parties under the May 2010 Agreement. On January 6, 2015, the Winkels appeared before the Board of County Commissioners raising several new concerns that they alleged were not contemplated in the May 2010 Agreement, including, but not limited to problems with their septic system drain field, driveway slope being too steep, fencing being too low and weeds taking over their yard. Staff refuted the claims. In order to resolve the problems and keep staff and contractor time to a minimum, the Board voted 3-1 (Commissioner Zorc was absent) to offer the Winkels $10,000 in full and final settlement of all possible claims associated with the 66th Avenue Improvement Project, now and in the future. The Board directed the undersigned to draft a document expressing the will of the Board. Indian River Co. A Approved for February 10, 2015 BCC Meeting Admin, County Attorney's Matters ' 1 Co. Atty. a Budget l Department / Risk Management �r�L'Ey COUNTY ATTORNEY ►roved Date 276 Settlement Offer to Winkels February 3, 2015 Page 12 The attached Global Settlement Agreement was drafted and sent to the Winkels. Upon receipt of the Settlement, Mrs. Winkel initially stated they would not sign the Settlement. Shortly after, the original Settlement was returned to the County Attorney's Office signed by the Winkels, but contained a counter offer. The original Settlement, paragraph 2 stated as follows: 2. The County shall pay to the Sellers the sum of ten thousand dollars ($10,000.00) in full and final settlement of all claims for damages of any kind claimed by the Sellers as a result of the 66th Avenue Improvement Project from now until the end of time. The Winkels proposed a counter offer, stated as follows: (in strikethrough and underline format) 2. The County shall pay to the Sellers the sum of ten thousand dollars ($10,000.00) for the issues caused to the NE fence line, septic field failure and for the trees not being saved. an full and final settlement of all Gia'ms fnr damages of any kiRd Glaimed by the Sellers as a result ef the tka Avenue ImpFevement PFejeGt #Gm new until the end of time. Since the legal effect of their counter offer is a rejection of the Board's January 6, 2015 offer, the Board is free to reject the counter offer, accept the counter offer or continue to negotiate with the Winkels. Staff recommends rejection of the counter offer and withdrawal of the January 6, 2015 settlement offer. Following the January 6 meeting, the Winkels proposed further changes to the location of the landscape buffers the County must install along 66th Avenue and 451h Street in accordance with the original 2010 Agreement. Further discussion resulted in a withdrawal of the further changes and the Winkels have agreed to the installation of the landscape materials as originally planned in the 2010 Agreement. Once a slight problem with irrigation is overcome, the planned "Type B" buffer will be installed along 66th Avenue and 45th Street by the County's contractor. Installation of the buffers and final grading will conclude the County's obligation to the Winkels in the 2010 Agreement and the 2014 Amendment. Funding: It is important to note that the original bid did not contain work to be performed on the Winkel property. Thus, no additional compensation is going to the Winkels, as the County had obligated itself to do the work in the original Agreement Funding for this item is available from the road construction account, Traffic Impact Fees/District II/661h Ave -SR 60 to 49th Street, Acct # 10215241-066510-06040. 277 Settlement Offer to Winkels February 3, 2015 Page 13 Recommendation: Staff recommends that the Board reject the Winkels counter offer, withdraw the previous offer extended on January 6, 2015 and terminate negotiations with the Winkels on this matter. Copies to: Chris Mora Dickerson of Florida, Inc. Tom and Linda Winkel 278 GLOBAL SETTLEMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TOM AND LINDA WINKEL THIS GLOBAL SETTLEMENT AGREEMENT BETWEEN ("Settlement") is made and entered into this day of , 2015 by and between Indian River County, a political subdivision of the State of FI rida ("County") whose address is 1801 27th Street, Vero Beach, FL 32960 and Tom and Linda Winkel ("Seller"), whose address '1J e ue, Vero Beach, FL 32967, who agree as follows: �- WHEREAS, the County and Seller entered into an Agreement for the Purchase and Sale of Real Estate (Agreement) on May 4, 2010; and WHEREAS, the County and Seller entered into a Fist Amendment for Purchase and Sale of Real Estate (Amendment) on August 19, 2014; and WHEREAS, in the Agreement, the County was obligated to perform certain duties on and around the Seller's property which were changed in part by the Amendment; and WHEREAS, on January 6, 2015, at a regularly scheduled meeting of the Board of County Commissioners, the Sellers appeared and addressed the Board concerning new and additional issues affecting their property that Sellers' claimed were caused by the County's 66th Avenue Improvement Project ("Project'), and WHEREAS, the Sellers claimed damage to their septic system, yard, driveway, fencing as a result of the Project and sought additional compensation for the damages; and WHEREAS, County staff refuted Seller's claims for damages; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, County and Seller agree as follows: 1. The above recitals are affirmed as being true and correct and are incorporated herein. 2. The County shall pay to the Sellers the sum of ten thousand dollars / W ($10,000.00) ^'� fin I SP�tt�mon F �� f J y r4y1ind iG.J �n TutT-rn�� cri va� i iu co- 301h A.C'Isue I,,,N,. VC1Iir-,it FIvjr_,,t 4ke_ / SJue 3 ea14" 4Aje_ rc anG4 -for 1-4c �rt¢Sno% lxsa f saws �. 3. The County shall remain obligated to perform those duties listed in the May 4, 2010 Agreement as amended by the August 19, 2014 Amendment. 1 279 IN WITNESS WHEREOF, the parties hereto have approved and executed this This Global Settlement Agreement to become effective as of the day and year first above written. "COUNTY" BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Wesley S. Davis, Chairman Date BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: By: Joseph A. Baird County Administrator 2 "SELLERS" /.1tv r Tom Winkel e4Lina mkel Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney 280 DYW Reingold., County Attomey William K_ DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 13E7 Office of Attomey's Matters 02/10/2015 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Robin Miller, Housing Program Manager(h•-, FROM: William K. DeBraal, Deputy County Attorney tf— i DATE: February 4, 2015 ATTORNEY" SUBJECT: Approval of Resolutions Establishing Fair Market Rental Rates and Utility Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution the Fair Market Rental Rates and Utility rates on an annual basis. Previous interpretations of the regulations require a report be approved by the Board every five years but recent changes now suggest an annual rental and utility rate must be approved by the Board. The Housing Choice Voucher Program (HCV) is a federally funded program administered by the County Housing and Rental Assistance Department. While federal regulations govem the program, local demographics can influence the program's administration and its guidelines. The County's Comprehensive Plan, Chapter 7, sets forth the County Housing Element and includes demographics on the county's elderly population. According to the Plan, nationwide, retirees make up 27% of a community's population, while Indian River County's retiree population averages 41 %. While some of our County's retirees are affluent and need no assistance, a larger number of retirees meet the definition of low and very low income residents and thus qualify for some form of housing assistance. Because our County has a larger than average elderly, low income population, federal guidelines allow the County Housing Department to cater to the community need of supplying housing assistance to low income elderly residents. Thus, the County's Housing Choice Voucher Program provides federal housing assistance to our low income elderly residents. it should be pointed out that the Voucher Program also assists veterans, those in the witness protection program and other low income qualifiers. j j� Indwi Rim Ca Ac d Date V '_ I Admin. C.� 5_—rte Legal 2_ �-- M` IN� - AGENDA :7 Budget 2 /5 Dept. - COUNTY ATTORNEY, Risk Mgr. 281 Approval of Resolutions Establishing Fair Market Rental Rates and Utility Rates for Housing Choice Voucher Program February 4, 2015 Page 12 The Housing Choice Voucher Program is designed to benefit all participants. Private providers that own multi or single family homes apply to the County Rental Assistance for participation. The units are inspected and approved for the Voucher program. Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing. The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. An interested low income, full time resident must apply to the County Housing Department. If the resident qualifies, they are given a list of available units to visit. The owners of the units have agreed to accept the Fair Market Rental rates as determined by Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of a unit, the qualified applicant meets again with the Housing Department in order to determine their portion of the rent that will be responsible for paying directly to the landlord and whether they qualify for financial assistance with utilities. After working out the financial details, the tenant signs a lease with the landlord, the County Housing Department processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. The County benefits from the Voucher Program by receiving a $70.00 processing fee from the Department of Housing and Urban Development. The County's Comprehensive Plan objective of providing housing to low and very low income citizens is met by Voucher Program participation. The annual rental rates for our area are established each year by HUD. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolutions approving annual rental rates for Fiscal Years 2012, 2013, 2014 and 2015 are attached for the Board's consideration. Similarly, utility rates for water, sewer, gas, electric, and propane must be approved by the Board. Since those rates have not changed significantly in the past 4 years, only one utility resolution must be considered by the Board. Funding: There is no funding associated with these resolutions. Recommendation. Staff recommends the Board approve the 4 resolutions setting the Fair Market Values for Fiscal Years 2012, 2013, 2014 and 2015 together with approving the utility rate resolution for the same time period and authorize the Chairman to execute the resolutions on behalf of the Board. Copies to: Stan Boling, Community Development Director Robin Miller, Housing Program Manager 043) RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR FISCAL YEAR 2012 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Program Housing Agency by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) Payment Standards in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2011, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR; and WHEREAS, the County has now been made aware that HUD regulations require annual adoption and approval of Payment Standard Amounts both past and present, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) of Fair Market Rent for Fiscal Year 2012 (October 1, 2011 - September 30, 2012) as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $558 $741 $858 $1068 $1099 283 RESOLUTION 2015 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 10th day of February, 2015. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: ` ose A. Baird o County Administrator Approved as to form and legal sufficiency: PilliamK. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 11 Wesley S. Davis, Chairman 284 RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR FISCAL YEAR 2013 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Program Housing Agency by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) Payment Standards in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2012, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR; and WHEREAS, the County has now been made aware that HUD regulations require annual adoption and approval of Payment Standard Amounts both past and present; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) of Fair Market Rent for Fiscal Year 2013 (October 1, 2012 - September 30, 2013) as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $558 $741 $858 $1068 $1099 285 RESOLUTION 2015 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being the vote was as follows: p g put to a vote, Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 10th day of February, 2015. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: 4'�'-4 oseP6 A. Baird County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS :r Wesley S. Davis, Chairman 286 RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR FISCAL YEAR 2014 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Program Housing Agency by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) Payment Standards in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2013, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR; and WHEREAS, the County has now been made aware that HUD regulations require annual adoption and approval of Payment Standard Amounts both past and present; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) of Fair Market Rent for Fiscal Year 2014 (October 1, 2013 - September 30, 2014) as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $558 $741 $858 $1068 $1099 287 RESOLUTION 2015 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 10th day of February, 2015. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jose A. Baird County Administrator t Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS An - Wesley S. Davis, Chairman P&T-11 RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR FISCAL YEAR 2015 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Program Housing Agency by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) Payment Standards in the Federal Register to be used by Program Housing Agencies such as Indian River County, and WHEREAS, Department regulations mandate all Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2014, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR; and WHEREAS, the County has now been made aware that HUD regulations require annual adoption and approval of Payment Standard Amounts both past and present; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) of Fair Market Rent for Fiscal Year 2015 (October 1, 2014 - September 30, 2015) as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $558 $725 $858 $1068 $1099 289 RESOLUTION 2015 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner the vote was as follows: and upon being put to a vote, Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 10th day of February, 2015. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jose eRaird County Administrator ,I Approved as to form and legal sufficiency.- William ufficiency:William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Wesley S. Davis, Chairman 290 RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING REVISONS TO THE HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE SCHEDULE. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires annual review of utility costs to ensure that utility allowances given to Housing Choice Voucher Program (formerly known as Section 8) participants are reasonable and within regulatory compliance; and WHEREAS, in order to assure fair utility allowances, in 2011, the Rental Assistance Program retained an accounting firm, Yeager & Boyd, LLC, to study and review rates for all types of utilities, electric, gas, water, sewer, propane, etc. using methodology analyzing consumption and utility rates by each housing type and bedroom size which resulted in a written report; and WHEREAS, the Indian River County Rental Assistance Program analyzed the written report and established its Utility Allowance Schedule with revisions effective October 1, 2011 in compliance with HUD regulations; and WHEREAS, while Federal regulations require the Board to revise the Utility Allowance Schedule if utility rates experience more than a 10% change, the Indian River Rental Assistance Program has analyzed its utility allowances every year after 2011 and determined that no change was greater than 10% in utility rates; and WHEREAS, changes in the Utility Allowance Schedule effective October 1, 2011 are attached as Exhibit A; and WHEREAS, the use of the Utility Allowance Schedule keeps the Indian River County Housing Choice Voucher Program compliant with HUD regulations and in line with current and past market conditions; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners accepts, approves and adopts the Utility Allowance Schedule attached hereto, which became effective October 1, 2011 and continues to be used by staff to determine individual utility rate allowances in accordance with Housing Choice Voucher Administrative Plan. 291 RESOLUTION 2015 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 10th day of February, 2015. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Joseph�A. Baird County Administrator Approved as to form and legal sufficiency: J" - (0ju William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Wesley S. Davis, Chairman 292 HUD - 52667 (ModAfed) LOCALITY UTILITY OR SERVI HEATING a. Bottle Gas (America Gas) $ 3.52 c. Electric FPL $ 0.128 c. Electric Vero Beach $ 0.125 Air Conditioning FLP $ 0.128 Air Conditioning Vero Beach $ 0.125 COOKING $14 a. Bottle Gas (America Gas) $9 $ 3.52 c. Electric FPL I $12 $ 0.128 c. Electric Vero Beach $27 $ 0.125 OTHER ELECTRIC $11 $13 $19 $22 $24 $30 $7 $9 $11 $11 $12 $14 $7 $9 $11 $11 $12 $14 $20 $27 $29 $31 $32 $36 $20 $27 $28 $30 $31 $35 $16 $19 $24 $33 $40 $47 $3 $3 $5 $5 $5 $7 $3 $3 $5 $5 $5 $7 Lights,Ref,etc+ Bass Charge FPL $13 $ 0.128 $16 $19 $23 $27 $32 Ligh s,Ref,etc+ Base Charge Vero B I $ $ 0.125 $11 $20 $25 $29 $33 WATER HEATING $ a. Bottle Gas (America Gas) $ 3.52 $16 $19 $24 $33 $40 c. Electric: FPL $ 0.128 $11 $16 $21 sm $42 c. Electric Vero Beach $ 0.125 $10 $15 $21 $32 $41 Water Gallons a. Indian River County b. Vero Beach Inside City b. Vero Beach Outside City Sewer Gallons a. Indian River b. Vero Beach Inside City b. Vero Beach Outside City Garbage Vero Beach Garbage Waste Mangement Range✓Micrawave(tf Tenarrt Owned) Refrigerator(If Tenant Owned) Y ADDRESS OF UNIT NUMBER OF BEDROOMS $35 $36 $47 $53 $51 AIR CONDMONING $13 $13 $17 $27 $ $40 $62 WATER $ SEWER $ 3 $ RANGEIMICROWAVE S REFRIGERATOR $ 12 20 25 $26 $26 $32 $45 358 356 $28 $28 $35 $47 $61 $61 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 5$ 5 $ 5 $ 5 $ 5 $ 5 $ 5 $ 5 $ 5 $ 5 $ 5 $ 5 $ 5 $ 5 AIR CONDMONING $ COOKING S OTHER ELECTRIC $ WATER HEATING $ WATER $ SEWER $ TRASH COLLECTION $ RANGEIMICROWAVE S REFRIGERATOR $ DI&OOINNTS) $ LOCALITY $13 UNFT TYPE $17 $27 $ $15 $ WATER HEATING S Apartment $17 11517 17 118 124 2 6 $ $20 20 25 $35 (DISCOUNTS) $26 $26 $32 $45 $28 $28 $35 $47 G -13R p 1-aR 2 -BR p 3-13R i 443R $ 14 HEATING $ 14 $ 14 $ 14 $ 14 $ 14 $ $ 5$ 5$ a. Bottie Gas (Americs Gas) $ 3.52 $8 $9 $13 $15 $17 $21 c. Electric FPL $ 0.128 $5 $7 $7 $8 $9 $10 c. Electric Vero Beach $ 0.125 $5 $6 $7 $7 $8 $10 Air Conditioning FLP $ 0.128 $14 $19 $20 $21 $22 $25 Air Conditioning Vero Beach $ 0.125 $14 $18 $20 $21 $22 $24 COOKING a. Bottle Gas (America Gas) $ 3.52 $16 $19 $24 $33 $40 $47 c. Electric FPL $ 0.128 $3 $3 $5 $5 $5 $7 c. Electric Vero Beach $ 0.125 $3 $3 $5 $5 $5 $7 OTHER ELECTRIC Lkjhts,Ref,etc+ Base Charge FPL$ 0.128 1$ $16 $19 $23 $27 $32 $35 Lights,Ref,etc+ Base Charge Vero 13 0.125 $17 $20 $25 $29 $33 $36 WATER HEATING a. Bottle Gas (America Gas) $ 3.52 $16 $19 $24 $33 $40 $47 c. Electric FPL $ 0.128 $11 $16 $21 $33 $42 $53 c. Electric Vero Beach $ 0.125 $10 $15 $21 $32 $41 $51 Water Gallons a. Indian River County b. Vero Beach Inside City b. Vero Beach Outside City Sewer Gallons a. Indian River b. Vero Beach Inside City b. Vero Beach Outside City Garbage Vero Beach Garbage Waste Mangernent Range/M=cwa,v*If Tenant Owned) ReMgerator(ff Tenant Owned) .y ADDRESS OF UNIT NUMBER OF BEDROOMS $40 $62 CAA E E, S58 $56 $61 $61 14 $ 14 14 $ 14 5 $ 5 5 $ 5 HEATING $13 $13 $17 $27 $ $15 $ WATER HEATING S WATER $17 11517 17 118 124 2 6 $ $20 20 25 $35 (DISCOUNTS) $26 $26 $32 $45 $28 $28 $35 $47 $ 14 $ 14 $ 14 $ 14 $ 14 $ $ 14 $ 14 $ 14 $ 14 $ 14 $ $ 5$ 5$ 5$ 5$ 5$ $ 5$ 5$ 5$ 5$ 5$ $40 $62 CAA E E, S58 $56 $61 $61 14 $ 14 14 $ 14 5 $ 5 5 $ 5 HEATING $ AIR CONDITIONING $ COOKING $ OTHER ELECTRIC $ WATER HEATING S WATER $ SEWER $ TRASH COLLECTION $ RANGEIMICRCWAVE S REFRIGERATOR $ (DISCOUNTS) $ $ HUD - 52667 (ModAed) U,S. i:)LPARTMENT.OF. HOUSING AND U11,111 IJ DLVf:- UPI,rtt.IJ 1 DATE SECTION a, EXISTING HOUSING ALLOWANCES FOR I Vi FURNISkI DUi71i�lE....A OfH RSER1l1C:ES LOCALITY UNIT TYPE Mobile Home 1 UTILITY, OR �— �YIUt�ITNLY DOLLAR ALLOWANCE c.,iVk#,p�is� ff BR' t 3 -BR 4AR 5 -BR HEATING a. Both Gas (per Gas) $ 3.52 $11 $13 $19 $22 $24 $30 c. Electric FPL $ 0.128 $7 $9 $11 $11 $12 $14 c. Electric Vero Beach $ 0.125 $7 $9 $11 $11 $12 $14 Air Conditioning FLP $ 0.128 $20 $27 $29 $31 $32 S36 Air Conditioning Vero Beach $ 0.125 $20 $27 $28 $30 $31 $35 COOKING a. Bottle Gas (America Gas) I $ 3.52 $16 $19 $24 $33 $40 $47 a. Electric FPL ` $ 0.128 $3 $3 $5 $5 $5 $7 c. Electric Vero Beach $ 0.125 $3 $3 $5 $5 $5 $7 OTHER ELECTRIC Lights,Ref,etc+ Base Charge FPL $ 0.128 1$ $16 $19 $23 $27 $32 $35 LVft.Ref,etc+ Base CharW Vero 8 0.125 $17 $20 $25 $29 533 536 WATER HEATING a. Bottle Gas (America Gas) $ 3.52 $16 $19 $24 $33 $40 $47 c. Electric FPL $ 0.128 $11 $16 $21 $33 $42 $53 c. Electric Vero Beach $ 0.125 $10 $15 $21 $32 $41 $51 Water Gallons a. Indian River County $13 $13 $17 $27 $40 $62 b. Vero Beach Inside City 15 $15 $17 $24 $46 b. Vero Beach Outside City 1717 1848 125 rM Indian Sewer Gallons a. Inn River $20 20 b. Vero Beach Inside City $26 $26 $32 $45 $56 $56 b. Vero Beach Outside City $28 $28 $35 $47 $61 $81 Garbage Vero Beach $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 Garbage Waste Mangernent $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 $ 14 Range/Micrawave(If Tenant Owned) $ 5$ 5$ 5 $ 5 $ 5$ 5$ 5 Refrigerator(tf Tenant Owned) $ 5$ 5 $ 5 $ 5$ 5$ 5$ 5 �e�'R+�*#moi .��uu} �/ {/�► �>-To::ba::ua�tl:. IAV.7:W/'Yi�l�f11i:;7:•:: .V�:��...((....•...................... ii;::?k:;i:�<:i<fi:;;:5:2� ;}:}}:;:t�:>::>:->::>:<::>:<::»>::>::s::::.;:.>;:..�.: �:. ... NAME OF FAMILY S AIR CONDITIONING $ ADDRESS OF UNIT COOKING �T OTHER ELECTRIC S WATER HEATING $ WATER $ SEWER $ TRASH COLLECTION $ RANGE/MICROWAVE $ REFRIGERATOR $ NUMBER OF BEDROOMS (DISCOUNTS) $ 95 ITEM 14.A.1 February 10, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 28, 2015 SUBJECT: IRL Council Interlocal Agreement FROM: Wesley S. Davis Commissioner District 1 I kindly invite discussion regarding the attached copy of an email from Ed Fielding, Commissioner, Martin County regarding the Indian River Lagoon Council Interlocal Agreement. 296 Wesley S. Davis From: Ed Fielding <efieldin@martin.fl.us> Sent: Monday, January 19, 2015 1:09 PM To: Wesley S. Davis; Drew Bartlett (drew.bartlett@dep.state.fl.us); Christopher B. Thomas (thomas.chris@epa.gov); Thomas Frick (thomas.frick@dep.state.fl.us); Carolyn S. Ansay (cansay@torcivialaw.com); Maurice Sterling - St. Johns River Water Management District (mstelring @sjrwmd.com); Kathy LaMartina (klamart@sfwmd.gov); Michael Durham Cc: Domenica Labbate Subject: IRL Council Interlocal Agreement Thank you Chairman Davis, Perhaps the most succinct response to questions raised by the copy of Commissioner Solari's memorandum you sent to me would be to quote from his own text. Page 5, item #7: "The first hour, of the August 18 meeting where I tried to generate a meaningful discussion about what I thought were essential issues was omitted from the minutes." Page 5, item #7: His further quoting from the minutes; "The minutes reflect that a discussion about the interlocal agreement took place, but nothing of substance is noted in the minutes that might be of help to any member of the IRL- NEP Advisory Board or the public, which would help them better understand the process and reasoning behind what was done by the design team." In other words, Commissioner Solari's viewpoint was unique from that expressed by the other 25 or 30 who were in attendance. In the time honored tradition, the group expressed their preferences by vote. After extensive discussion and several modified drafts during the past 10 months and further detailed discussion at the December 17`h group meeting, a final Interlocal Agreement was unanimously (save for one)accepted to be sent to the prospective Parties. St. Johns Water Management District and Martin County Commission have already formally approved the Interlocal; review by other Parties under way. As to the questions; a proposed structure for the new NEP (IRL Council) would consist of a Policy Board, Management Committee, staff (probably an executive director, deputy director, communications person and educational outreach person); Technical Committee and Citizens Advisory Committee. EPA would continue as an advisory non-voting member of the Policy Board. Management Board to be composed of those responsible for contributing contamination to the Lagoon. Anticipate this group will recognize levels and sources of contamination, accepting responsibility and agreeing to timetables for mitigation and eventual cessation. The Interlocal Agreement has been created through a multi -iterative process over 10 months, voted upon by the participants, which by the way was unanimous (save for one) and now made available by NEP staff to the Parties. The Design Group decided that it would be more appropriate for the Mission Statement to be formulated by the Policy Board. Funding: historic overhead funding by St. Johns Water Management District of about $400,000. annually; this has allowed the full $500,000. EPA funding to be used as match money for Lagoon projects. Ways to even further reduce the annual operating budget for the IRL Council are being discussed. It is anticipated annual overhead may be less than the previous $400,000. The Interlocal requires that the Policy Board create and 297 approve an annual budget; focusing on the primary purpose of the IRL Council to accomplish water quality improvement projects for the Lagoon. The Water Management Districts (St. Johns & South Florida) contribute $500,000. each, FDEP contributes $250,000., EPA continues to contribute $500,000., and each member County contributes $50,000. Congressmen Murphy and Posey are also working on long term federal funding for the Lagoon. In the exuberance of having worked through an Interlocal Agreement, a member of the group suggested that we should try to raise $16illion for Lagoon projects; just a comment of enthusiasm not an action plan. It may be useful to know that the IRL NEP program begun in 1991 under the local sponsorship of St. Johns Water Management District was being changed as St. Johns no longer wished to be the sponsor. The forth coming IRL Council, an independent body, is an opportunity for the Counties to exercise control over the Lagoon clean-up effort and to receive funding assistance. The five or perhaps four County members of the Policy Board will be able to determine outcomes based on their vote not subject to the subsequent overriding vote of St. Johns Water Management District or other sponsoring agency. As to Chair's further questions: 1) each County has the right to withdraw with minimum notice; 2) Sunset provision, it was decided after discussion to incorporate the item as it now reads; 3) there was considerable initial discussion about agency voting membership on the Policy Board; since the Counties maintain controlling vote and the agencies are contributing significant funds for water quality projects, it was unanimously (save one) agreed it would be appropriate for the two Water Management Districts and FDEP to be voting members. EPA is a non-voting member, since the NEP is a federal program they have reporting responsibilities. Chair Davis, we certainly hope that Indian River County will choose to join the new IRL Council and thereby be in position to benefit from this unified effort of the Counties. Thank you, Ed Fielding Ed Fielding Martin County Commissioner, District 2 Martin County Board of County Commissioners 772.288.5421 (o) efieldin(@martin.fl.us X "The comments and opinions expressed herein are those of the author of tris message and map not reflect the policies ofthe Martin County Board of Counhv Commissioners. Under Florida Law, email addresses are public records. If you do not want pour email address released in response to a public records request do not send electronic mail to this entity. Instead, contact this office by phone or in writing. " 2 298 ITEM 14.13.1 February 10, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 30, 2015 SUBJECT: Resolution Regarding FMPA Audit FROM: Bob Solari, Commissioner District 5 I would like to discuss preparation of a Resolution by the Board of County Commission related to the Florida Municipal Power Agency (FMPA) audit. Attached is a draft resolution that was prepared for the Town of Indian River Shores. 299 RESOLUTION NO. 15-01 A RESOLUTION OF THE TOWN OF INDIAN RIVER SHORES, FLORIDA REGARDING THE FLORIDA AUDITOR GENERAL'S OPERATIONAL AUDIT OF THE FLORIDA MUNICIPAL POWER AGENCY (FMPA) AND THE PLANS OF THE CITY OF VERO BEACH IN RESPONSE TO THAT AUDIT DRAFT Whereas, the Town of Indian River Shores ("Town"), the City of Vero Beach ("City"), and Indian River County ( the "County") are participating in a state -mandated mediation process under Chapter 164, Florida Statutes, to resolve issues associated with a complaint of the Town of Indian River Shores ("Town") against. the City of Vero Beach ("City"), Case No. 312014 CA 000748, pending but presently in abeyance in the Circuit Court in and for Indian River County, Florida (the "Lawsuit"); and Whereas, as part of that state -mandated mediation process the Town, the City, and the County have entered into an Interim Mediation Agreement, which provides among other things that the Town will continue to abate the Lawsuit until the March 2, 2015, so that the Parties can further evaluate options that would resolve the conflicts between them; and Whereas, under the Interim Mediation Agreement the City has agreed to continue to work with "the Florida Municipal Power Agency ("FMPA"), bond trustees and others to effectuate the sale of the City's electric utility system to FPL"; and Whereas, the Florida Auditor General has conducted an operational audit of the FMPA and released its preliminary audit findings on January 21, 2015 (the "Audit Report"); and Whereas, the Audit Report found that FMPA's "fuel hedging practices were not consistent with industry practices" and, as a result of those practices, "the FMPA incurred net total losses of $247.6 million related to fuel hedging activities over the past 12 fiscal years"; and Whereas, the Audit Report found that FMPA entered into a series of pay -fixed interest rate swaps with notional amounts of $700 million associated with the financing of a power plant project in Taylor County Florida that was never built (the "Taylor Swaps"); and Whereas, the Audit Report found: FMPA's decision to enter into the Taylor Swaps "represents risk-taking in excess of industry practice"; the "swaps were not employed consistent with industry practices"; the swaps are likely to result in "significant termination fees"; and in October of 2014 the swaps had a value of "negative $108 Million"; and Whereas, based on discussions at the City's special meeting on January 29, 2015, the Town believes that the value of the Taylor Swaps has dropped significantly since October 2014, and the swaps currently have an approximate value of negative $150 Million: and Whereas, the Audit Report also raises serious concerns about other aspects of FMPA's business practices, including its investment strategies, procurement protocols, professional services contracts, salary and benefit policies, and entertainment budgets; and Whereas, a significant share of the hedging losses, swap termination fees, and other operational costs incurred by FMPA are passed on to the customers of the City's electric utility and other FMPA member utilities, and are a major driver of the electric rate problems facing the citizens of our communities: and Page I of 2 300 DRAFT Whereas, at its special meeting on January 29, 2015, the City voted to encourage FMPA to hire a consultant to protect against these abuses occurring in the future; and Whereas, the Town applauds the City for trying to ensure that FMPA does not repeat mistakes in the future, but also believes that the City should hold FMPA accountable for its mistakes that have already occurred, and which have caused economic harm to the City's electric utility customers; and Whereas, the Town believes that FMPA's intransigence and mismanagement are primary causes of the electric rate problems that confront all of our residents, and the City will never be able to solve those problems without holding FMPA accountable; NOW, THEREFORE, BE IT RESOLVED by the Town Council Of Indian River Shores that: Section 1. The Town adopts as true and correct the recitals stated above and incorporates same by reference as part of this Resolution. Section 2. The Town encourages the City to meet as soon as possible with the FMPA as part of the City's obligations under the Interim Mediation Agreement to try to resolve the lawsuit by working with FMPA "to effectuate the sale of the City's electric utility system to FPL." As part of that meeting the Town encourages the City to. a. Discuss with FMPA the findings in the Audit Report including, but not limited to, FMPA's hedging and swap losses; and b. Discuss with FMPA the need for the City to promptly recover the damages that its electric customers have suffered; and, c. Request that FMPA end its opposition to the sale of the City's electric utility system to FPL, and take whatever action is necessary to allow that sale to move forward. Section 3. The Town Manager shall hand deliver on this day a certified copy of the Resolution to the City Manager along with a letter respectfully requesting that the City consider the Resolution at its meeting on February 3, 2015. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a Special Meeting of the Town Council this 2°d day of February, 2015. ATTEST: Laura Aldrich, Town Clerk Brian M. Barefoot, Mayor Page 2 of 2 301 TO: DATE: SUBJECT FROM: February 10, 2015 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM Members of the Board of County Commissioners January 26, 2015 Parking for Vacation Rentals Peter O'Bryan ^ Commissioner, District 4 �,(P I would like to request the Board of County Commissioners consider directing the County Attorney's office to draft an ordinance regulating parking for vacation rentals. Back up included in the attachments. Thank you. Attachments: 1. Letter from Representative Mayfield dated 9/8/14. 2. Ordering Finding Violation dated 7//28/14. 3. Indian River County Code 911.15 (b). 4. Photographs (2). 302 ATTACHMENT 1 The Florida House of Representatives Representative Debbie Mayfield District 54 U 1053 20`s Place Vero Beach, Florida 32960 Committees (772) 778-5077 Business & Professional Regulation Subcommittee, Chair Fax: (888) 639-0034 Agriculture & Natural Resources Appropriations Subcommittee Energy & Utilities Subcommittee n 303 House Office Building Justice Appropriations Subcommittee 402 South Monroe Street Regulatory Affairs Committee Tallahassee, FL 32399 (850)717-5054 September 8, 2014 Peter D. O'Bryan Chairman Board of County Commissioners 1801 270 Street Vero Beach, Florida 32960 RE: SB 356 Dear Chairman O'Bryan, I am writing on behalf of my constituents Dr. Miles Conway, Dr. Foreman and Dr. Gillman. They have brought to my attention issues related to property located at 2400 23rd Street SE which is owned by Mitchell D, Dudek. It is my understanding that this property is registered and licensed as a vacation rental. After meeting with the Department of Business and Professional Regulation and the Department of Revenue we have come to the conclusion that, as per the latest legislation passed in 2014, the complaints in question are tinder the jurisdiction of the local government. I have attached a letter that I received from DBPR for reference and they have assured me these issues should be addressed by the local authorities. I have attached a most recent email from Dr. Conway with the list of complaints that have yet to be addressed. Dr. Conway has been exceptional in providing information and I will include his contact information in the attached documents. If I or my office can be of further assistance in this matter please do not hesitate to contact us. We would appreciate periodic case updates as you work through this matter. Sincerely, e b i e ay 1"el State Representati District 54 303 cc: Dr. Miles Conway Joseph E. Flescher, Indian River County Commissioners, Commissioner Wesley S. Davis, Indian River County Commissioner, Vice Chairman Tim Zorc, Indian River County Commissioner, Commissioner Bob Solari, Indian River County Commissioner, Commissioner Joe Biard, County Administration 304 ituililaDepalur will Busines Professbhbl Regulation Ken Lawson, Secretary August 29, 2014 Representative Debbie Mayfield House of Representatives 303 House Office Building 402 South Monroe Street Tallahassee, FL 32399 Dear Representative Mayfield: Office of the General Counsel J. Layne Smith, General Counsel 1840 North Monroe Street Tallahassee, Florida 32389.2201 Phone: 850.488.0063 - fax: 850.922.1278 Rick Scott, Governor We appreciate having the opportunity to assist your constituent Dr. Conway and to respond to your Inquiry of August 8, 2014. Dr. Conway submitted a complaint to the division regarding an unlicensed vacation rental on March 20, 2014. The division Investigated the complaint and educated the operator of the vacation rental on the procedures to follow in order to obtain a license. The establishment Is now licensed as a vacation rental and in compliance with all regulations within the divislon's Jurisdiction. There were additional Issues raised by Dr. Conway which fall outside the division's Jurisdiction over vacation rentals. As you know, local governments have always had the authority to inspect vacation rentals for building code and fire safety issues. Prior to Chapter 2011-119, Laws of Florida, local governments could ban vacation rentals of heavily regulate their usage. After 2011-119 became effective, local governments lost that ability, This year Chapter 2014-71, Laws of Florida, (SB 356) returned some of the ability for local governments to regulate vacation rentals. Additional regulations can be enacted by local governments as long as they do not prohibit vacation rentals, restrict the duration of vacation rentals, or restrict the frequency of vacation rentals. Therefore, any further regulations which may be needed to address Dr. Conway's concerns rest with the local government in his area. If you have any further questions or concerns please don't hesitate to contact me. Sincerely, Michael Martinez Deputy General Counsel LICENSE EFFICIENTLY. REGULATE FAIRLY. WWW.MYFLORIDALICENSE.COM 305 Mitchell, Marqaret From: Sent: To: Cc: Subject: Attachments: Categories: Dear Commissioner O'Bryan: mconway@fcast.com Tuesday, September 09, 2014 8:18 AM pobryan@ircgov.com Mayfield, Debbie; Oman@pbradiology.com; Gillmandental@cfl.rr.com; Stan Boling; miles conway Request for Information Commisioner O'Bryan - 9-9-14.pdf; Commisioner O'Bryan - 9-9-14 Attachment.pdf Response Needed Please see attached letter (with attachment) from Drs. Forman, Gillman and Conway. Your assistance in providing a reply prior to 18 September, 2014 would be appreciated. Regards, Dr. Miles Conway. Confidentiality Notice: This message (including attachments) is intended for the person/entity to whom it is addressed and contains privileged and confidential in formation. Should the reader hereof not be the intended recipient, kindly notify us immediately by return e-mail, delete the original message and do not use, disclose, distribute or copy it. 306 Dr. Thomas Gillman Dr. Walter Forman Dr. Mlles Conway White Surf Subdivision Lot 3 White Surf Subdivision Lot 2 Kansas City Colony Lot 18 Indian River County Indian River County Indian River County Commissioner Peter O'Bryan Board of County Commissioners 180127`" Street, Building A Vero Beach, FI 32960. State Representative Debbie Mayfield Florida House of Representatives 1053 20th Place Vero Beach, FL 32960. September 8, 2014. Request for Information/Answers to Indian River Countv's Official Position and Intent to enforce existing Codes and Reeulations in the White Surf Subdivision and surroundine Ocean Front orooertv in the context of Florida CS/HB 307 Bill Passed Into Law on July 1.2014: Dear Commissioner O'Bryan: The above property owners and residents of Indian River County have resorted to corresponding with your office to obtain Information and answers to previously submitted questions and information requests to IRC staff that have unfortunately not been forthcoming. A summary of these previously submitted questions and information requests are as follows: (1) Code Enforcement Board (CEB) Order 2014030066; (a) Photographic evidence of violations of the above order occurring on 8/2, 8/9, 8/16 and 8/23/14 was submitted to staff via email on 8/18, 8/25 and 8/29/2014. A number of questions related to how many (if any) counts would be prosecuted before the CEB and the request of the above residents to again testify before the CEB in light of the plight of Mr. Deblois not being afforded litigation attorney support at the CEB hearing were submitted. Mr. Deblois is a code enforcement administrator, not a litigation or anv other attornev and as such needs the CEB attorney or the County attorney to provide staff with proper legal support and argument at the forthcoming hearing. The respondent's attorney will again attempt to circumvent and or obfuscate the intent of Section 911.15(4)B namely that the visitor exemptlon/preclusion to the code Is intended to apply to visitors of the orooerty owner when In residence W to apply to the visitors of the daily fee paying transient renters of the property while the owner lives and works In China. Should IRC or the CEB legal staff not "step up to the plate" and support Mr. Deblois in applying the proper intent of Section 911.15(4)B then the respondent's attorney will be successful in 'gaming the system', for under their argument all vehicles narked at this commercial business operating on the doorsteps of bona fide single family residences should be precluded/exempted from Section 911.15(4)B as every single car parking there at the moment is a visitor — the daily fee paying transients, their transient visitors and the commercial business/workers supporting the transients. It is for the above and other reasons, the undersigned residents requested a response to their written email questions, as absent lack of IRC attorney support, the undersigned will step into the void and make said argument In support of Mr. Deblois. Commissioner O'Bryan ....._ _.._. _ Page 1 307 Unfortunately, Mr. Deblois nor any other member of staff has responded to the aforementioned requests. In fact other than automatic, electronic email receipt notifications from Mr. Boling no staff communication has been received. The aforementioned automatic receipt notifications used to be received from Mr. Deblois but recently these notifications have also stopped. We accordingly respectfully request the information and answers from your Office, Commissioner O'Bryan. (b) Further photographic evidence of violations of the above order occurring on 8/29, 8/30, 8/31, 9/1 and 9/3/14 — the entire Labor Day holiday weekend and beyond is attached to this letter. A total of 14 daily fee paying transient renter vehicles were parked in the areas embargoed by the CEB order above over the five day period while an additional 6 daily fee paying transient renter vehicles were parked in the driveway over the five day period. In light of this serial thumbing of their nose at the CEB and IRC the CEB may wish to review the wisdom of their decision to ignore the three car restriction of Section 911.15(4)B. We accordingly pose the same questions and request. similar Information and answers from your Office, Commissioner O'Bryan for the Labor Day Holiday weekend serial violation as those for the August 2,9,16 and 23 violations. (2) County Sea Turtle Protection Regulations: (a) On July 17, 2014 Mr. Deblois sent the operators of the transient business in the White Surf subdivision a 'notice of violation' with a list of suggested remedies and possible fines for lack of compliance with the aforementioned regulations. Mr. Deblois received further evidence on August 8, 2014 of continued violations of the regulations occurring on August 1, 2, 5 and 7 of 2014 and evidence that none of his recommendations had been followed. The undersigned have not received any notification from staff that any action has been taken in this regard. We accordingly respectfully request the information and answers from your Office, Commissioner O'Bryan, namely is the Intent and position of Code Enforcement to uphold the County Turtle Regulations 7 if not should the undersgined then be pursuing said enforcement through the State Environmental Law Enforcement 7 (b) In addition to (a) above please find attached on pages 2,3,5,6,7,8,17,18,19,21 and 22 photographic evidence of violations of County Sea Turtle Regulations occurring on August 29 through 31 by the same cohort of 18-22 fee paying transients that parked numerous vehicles in non -designated parking areas during the same period. Please be advised a number of the photographs are time stamped prior to 9PM and after 9PM the time when the Regulations come Into effect. On some days photos for the period after 913M were not taken due to time constraints but sworn affidavits to the effect the same lighting violations existed on the nights in question after 9PM will be executed if required. In addition IRC's own in house Marine Biologist, Richard Herron may be consulted to provide addition evidence gathered through his office on the serial nature of County Sea Turtle Regulation violations at this location. Commissioner O'Bryan, please provide similar answers and information to the questions posed in (a) above. Commissioner O'Bryan _ _ _.._ _ ......_.. Page 2 age2 308 (3) Round Island Park Vegetation, Boundaries and Entrance Protection: IRC Parks officials have advised protected vegetation has been removed and or damaged to allow unauthorized access to Round Island Park via its south boundary with the 0.3 acre property occupied by various fee paying transients at different days and time before and after the park has officially closed. We are advised by Parks staff that this matter has been referred to Code Enforcement for action to be taken. Please note this item has not been submitted by the undersigned to staff on a previous occasion but it is our understanding it has been submitted by Parks staff to Code Enforcement. Commissioner O'Bryan, could you please advise what the Intent and position of IRC is with respect to protecting specifically listed vegetation and unauthorized usage of Its own property with respect to commercial businesses operating and using public property to facilitate beach access for Its fee paying transients, Further with respect to limiting legal exposure of unauthorized use of its park, will the County be erecting a fence on Its south property line and adjacent to the Forman property to limit said legal exposure ? in conclusion, Commissioner O'Bryan we thank you in advance for your responses and good offices in this matter and regret we have been unable to obtain the information requested from staff. Yours Sincerely, �/� r Dr. Walter Forman Dr. Thomas Gillman Dr. Mlles Conway Commissioner O'Bryan Page 3 309 ATTACHMENT 2 Code Enforcement Board of Indian River County ORDER FINDING VIOLATION IN THE MATTER OF: MITCHELL D. DUDEK C/O SHARON A. KRAMER 3 ROYAL PALM POINTE PH -E VERO BEACH, FL 32960 MITCHELL D. DUDEK C/O BARRY G. SEGAL, P.A. 3096 CARDINAL DRIVE, STE. 2C VERO BEACH, FL 32963 , Respondent Case No. 2014030066 RE: VIOLATION OF SECTION 911.15(4)B, of the Code of Laws and Ordinances of Indian River County, Florida. DESCRIPTION OF SITE OF VIOLATION: Location: 2400 23RD ST SE VERO BEACH Tax Parcel ID No.: 33-40-34-00002-0000-00001.0 Zoning: RS -3 Legal Description: LOT 1, WHITE SURF SUB, PBI 10-6 THE CODE ENFORCEMENT BOARD HAS HEARD TESTIMONYAND EXAMINED EVIDENCE ATA HEARING HELD JULY 28, 2014, AND BASED ON THE EVIDENCE, THE CODE ENFORCEMENT BOARD HAS ADJUDGED AS FOLLOWS: FINDINGS OF FACT AND CONCLUSION OF LAW l) Respondent is the legal owner and/or occupant of the subject property, and was duly notified of the hearing, in accordance with Chapter 162, Florida Statutes. The following respondent representatives were present at the July 28, 2014 Code Enforcement Board meeting: Barry G. Segal (attorney for Respondent) and Sharon Kramer 2) The subject property is zoned RS -3 District. As of 6/25/2014, on the property existed the following violation: - VEHICLE PARKING /STORAGE VIOLATION (RESIDENTIAL) [unenclosed parking in a required yard area] 3) The above described is a violation of the following Section of the Code of Laws and Ordinances of Indian River County: Code Chanter/ Section - CHP 911 / 911.15(4)B 4) At the hearing, the Board heard testimony, received evidence, and concluded that a violation of the cited section had occurred on the subject property relating to parking in a required yard area, although the Respondent was in compliance at the time of the hearing. The Board voted to adopt a continuing order to impose a fine if a violation of the cited code section recurs. The Board also heard testimony and received evidence relating to an alleged stormwater drainage violation (in violation of County Code Section 930.05) and alleged unenclosed parking on a single-family zoned lot in excess of limitations set forth in County Code Section 911.15(4)B. On those two allegations, the Board made no finding of violation. 310 e ' , ORDER (Case No. 2014030066) I . IT IS THE ORDER OF THIS BOARD that the Respondent shall maintain compliance with the herein cited sections of the Code of Laws and Ordinances of Indian River County, Florida, by: Ceasing and desisting in parking or storing, or allowing parking or storing, of any vehicle in a required yard area at the subject property except in a designated driveway. Respondent(s) shall not use, or permit the use of, said property in violation of the cited code sections at any time thereafter. If the violation recurs, a fine of $100 per day for each day of noncompliance shall be imposed. 2. FOR QUESTIONS CONCERNING THIS ORDER, CONTACT THE CODE INSPECTOR at 1801 27th Street, Vero Beach, Florida 32960, Telephone (772) 226-1249. 3. IN THE EVENT OF A FUTURE VIOLATION OF THIS ORDER, Respondent will be renotified of a new compliance hearing, at which the Board will review the evidence and impose the fine provided herein. 4. REPEAT VIOLATIONS: A repeat violation of the same Code provision by the violator, even if committed at a different location, can result in the issuance of a notice of violation, without an opportunity to correct, and a hearing before the Code Enforcement Board resulting in imposition of fines of up to $500.00 for each day the repeat violation continues, beginning with the day the repeat violation is found by the Board to have occurred. Rf. F.S. 162.04(5); 162.06(3); 162.09(l) and (2)(a). TAKE NOTE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU FOR FUTURE VIOLATIONS CONSTITUTES ALIEN AGAINST THE REAL PROPERTY ON WHICH THE VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY WHICH YOU OWN. NONCOMPLIANCE MAY RESULT IN FORECLOSURE, JUDICIAL SALE AND LOSS OF YOUR PROPERTY. THEREFORE, IF YOU HAVE ANY QUESTIONS AS TO WHAT CONSTITUTES A VIOLATION UNDER THE CITED CODE REQUIREMENTS, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED JULY 28, 2014, in open session at the County Commission Chambers at 1801 27th Street, Vero Beach, Florida. EXECUTED by the Chairman of the Indian River County Code Enforcement Board, and attested and countersigned by the Recording Secretary of such Board this day of ��� 2014. ATTEST: Reta Smith Frank M. Clements III, Chairman Board Secretary Indian River County Code Enforcement Board AS TO LEGAL Copy furnished to: lAT6 ifer D. Peshif - Respondent(s)Bard Advisin Attorney - Code Officer ROLAND DEBLOIS 311 WJ § 911.15 INDIAN RIVER COUNTY CODE parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and proper- ties. (b) Parking or storage of automobiles. A max- imum of three (3) automobiles (not includ- ing recreational vehicles) may be parked in an unenclosed area on a single-family zoned lot. However, one additional vehicle .for each licensed driver permanently re- siding at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area. The provisions of this section shall not pre- clude the parking of automobiles by per- sons visiting a single family home. (5) Setback and buffer requirements. (a) Street and road setbacks. In the event of the recording of any proposed street or road in the office of the Clerk of the Circuit Court of Indian River County, or in the event of the designation or estab- lishment by the Board of County Commis- sioners of any proposed public street or road, the same shall thereupon immedi- ately be used as the reference point for the purpose of determining setbacks for new construction under the terms of this ordinance. This provision shall not pre- vent the reconstruction of a full or par- tially damaged or destroyed legally non- conforming structure so long as the rebuilt structure is consistent with the county's building code. (b) Required setbacks from natural waterbod- ies. All residential properties which abut the intracoastal waterway, Indian River or other natural water bodies shall pro- vide for a minimum rear yard setback of fifty (50) feet for unplatted parcels and twenty-five (25) feet for existing platted lots, between all structures and the waterbody. In no case, however, with ref- erence to existing parcels or lots of record, shall the buffer exceed twenty (20) per- cent of the parcel or lot depth perpendic- ATTACHMENT 3 ular to the applicable waterway. Addi- tional setbacks may apply to properties adjacent to the St. Sebastian River and Indian River Lagoon Aquatic Preserve as set forth in Chapter 929, Upland Habitat Protection. (c) S.R. 60 front building setback require- ment. All developments adjacent to S.R. 60 right-of-way shall have a minimum front setback of seventy-five (75) feet from the S.R. 60 right-of-way. This seventy -five- foot setback shall not apply to individual lots of record lawfully created prior to October 9, 1992 having a depth of one hundred fifty (150) feet or less as mea- sured from S.R. 60 road right-of-way. (d) Interstate 95 buffer requirement. All de- velopments that are adjacent to the 1-95 right-of-way and that require major site plan approval shall preserve or provide a Type C buffer between any outdoor stor- age area(s) and I-95 where the outdoor storage areas(s) is not visually screened by an intervening building or structure. (6) Required corner visibility. (a) Location. On every comer lot, the triangle formed by the street lines of such lot and a line drawn between points on such street lines which are thirty (30) feet from the intersection thereof shall be clear of any structure or planting of such nature and dimension as to obstruct lateral vision; provided that this requirement shall gen- erally not apply to the trunk of a tree, (but shall apply to branches and foliage), or a post, column or similar structure which is no greater than one foot in cross section or diameter. In addition, when applicable, all sight distance requirements of the Indian River County landscape chapter shall also be maintained. (b) Vertical clearance. Such lateral vision shall be maintained between a height of thirty (30) inches and ten (10) feet above the average elevation of the existing surface of both streets measured along the centerlines adjacent to the visibility trian- gle. Supp. No. 101 911/50.14 312 y. . aL<, fi ,....2-#"A'.�._Z::arr \ q �_'� m. L-ir�y4d,. � $. Y• Rrv� � 11 ,. _.,_ c •^rte' ��1'�� sr7� f c`s V �V 1 hm �SZ moo- N 3 x '1 a► key N Z -- 31t., B",Oi - 4 . . . ........ ......... . ... . ........ . ....... . . ....... Shinning 3601 Ocean, FaA- & River Views - New Pfivaw. Resort Home - White Stiff $990-$11190 ........... 3 1 Li . 314.3 W--v,,--.-,,.---w- WHOE SURF S EXCE 'LENT FOR "IMACATIONS! 31-1- q 31 k- S . 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T 4: C R1 CN 4 1 d f a�+ I 7 its, 9i� 4 �i Rv CN LT e •Jo s}` h - h mss ry-�. l t \ � P i � r• �« I 7 A its, f Rv LT e s}` h - mss ry-�. l t \ � P i � r• �« A jj`,Z_ 9 P � ` � { T• Jar CO j i 4 ggyy ey� * C CNA CDw r F CN IN III II .o { Ot ¢}. 4 CD r IN III II .o 4 r a� � ��� . � �� � �. . \� <� � � { \ � \�� � � � : ?¢ .\ �� \\` -� \ , ?\� d�� c = \ .<� «� » � ? �y i 4 . �� \\ ©�� 2/ .\ . /� � .~ .. �^ \\gid �� \� \ \ \ �. ��\ : y . » . . � . . � /�\ � \ . �` r / \. ��2.�� �. � � \ \ � �� \ ` .��//\� �} : � 2� } .:. � : a�}� / f?/ . §� � \: \� � � ( ^� � � 2�K�^\{\ . �� i 4 � )\ / /� ??� \\ .\ <� . «.. a Xz ! ° » } . � 4� {/ ���. � �\ � ` :�\ .� � » \ 9. � \� ? ��� /w< \\ t \ � \ 3 ^� ��\ .\ � � >� 2ƒ\ \.« . y« _� /� � � �� � ° + : �1 ° .<�°+ \� « \� .,y �rK:%. � � \� \z \\ . .:.. � > . � \� \ � � \ \ } \ , °�� % � � } ©. : :�� � \� \ \� " \��� � ~ � � }{% : »(\ / } ^ . : > / ■� / / \ . � � m \ \ ' ! � � � : .\ �� � � >. !.� � � � � � � < `{�*//{\ } 4 : .� � }� �:. / ■�z<«... . �� � \ \\ � � �� �~< `�\ - N. �lq-33 A Advisory Legal Opinion - Vacation Rentals -- Municipalities -- Land Use Florida Attorney General Advisory Legal Opinion Number: AGO 2014-09 Date: November 13, 2014 Subject: Vacation Rentals -- Municipalities -- Land Use Mr. Kerry L. Ezrol City Attorney City of Wilton Manors 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Paae 1 of 6 Zio. 1.)r A,D / RE: VACATION RENTALS - MUNICIPALITIES - LOCAL GOVERNMENTS - LAND USE - regulation of vacation rentals by municipalities. s. 509.032, Fla. Stat. Dear Mr. Ezrol: You ask the following questions: 1. Does section 509.032(7)(b), Florida Statutes, permit the city to regulate the location of vacation rentals through zoning? 2. May the city prohibit vacation rentals which fail to comply with the registration and licensing requirements in section 509.241, Florida Statutes? In sum: 1. Section 509.032(7)(b), Florida Statutes, as amended by Chapter 2014-71, Laws of Florida, allows a local government to regulate vacation rentals, but continues to preclude any local law, ordinance or regulation which would prohibit vacation rentals or restrict the duration or frequency of vacation rentals.[l] It would appear therefore, that zoning may not be used to prohibit vacation rentals in a particular area where residential use is otherwise allowed. 2. Section 509.032(1), Florida Statutes, makes the Division of Hotels and Restaurants of the Department of Business and Professional Regulation the regulatory agency for transient lodging facilities. Section 509.241(1), Florida Statutes, makes operation of such facilities without a license a misdemeanor of the second degree. The statute specifically recognizes that local law enforcement may provide immediate assistance in pursuing an illegally operating facility, but 311.3 http://www.myfloridalegal.com/ago.nsf/printview/5DFB7F27FB483C4685257D900050D... 2/10/2015 Advisory Legal Opinion - Vacation Rentals -- Municipalities -- Land Use Page 2 of 6 does not otherwise authorize a local government to prohibit the operation of a vacation rental without proper licensure by the state. Question One Section 509.032(7), Florida Statutes, as amended by Ch. 2014-71, Laws of Florida, provides: "(a) The regulation of public lodging establishments and public food service establishments, including, but not limited to, sanitation standards, inspections, training and testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments, is preempted to the state. This paragraph does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodgings and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.206. (b) A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation." Prior to its amendment, the statute, in relevant part, provided: "(b) A local law, ordinance, or regulation may not restrict the use of vacation rentals, prohibit vacation rentals, or regulate vacation rentals based solely on their classification, use, or occupancy. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011." (e.s.) This earlier provision was interpreted by this office to preempt local regulation of the rental of vacation homes. This office also advised that a local zoning ordinance for single-family homes adopted prior to June 1, 2011, could not now be interpreted to restrict the rental of such homes as vacation rentals, when the ordinance did not restrict the rental of such property and the county had no regulations governing vacation rentals prior to June 1, 2011.[2] As originally introduced, Senate Bill 356, repealed the provisions in paragraphs (b) and (c) of section 509.032(7), Florida Statutes (2013), prohibiting local laws, ordinances, or regulations affecting vacation rentals.[3] The bill was amended, however, to reinstate the prohibition against local action which would prohibit vacation rentals or regulate the duration or frequency of vacation rentals.[4] The legislative analysis attendant to the amendment states that the http://www. myfloridalegal.com/ago.nsf/printview/5DFB 7F27FB483 C4685257D900050D... 2/10/2015 0 Advisory Legal Opinion - Vacation Rentals -- Municipalities -- Land Use Page 3 of 6 amendment "maintains the current prohibition against local laws, ordinances, or regulations that prohibit vacation rentals."[5] Finally, the staff analysis prepared for an identical bill proposed in the House of Representatives, for which Senate Bill 356 was substituted, reflects that the bill "removes the preemption to the state for the regulation of vacation rentals" and recognizes that 11[1] ocal governments may regulate vacation rentals, provided those regulations do not prohibit vacation rentals or restrict the duration or frequency of vacation rentals."[6] It is clear that municipalities may zone land to pursue a number of legitimate objectives related to the health, safety, morals, or general welfare of the community.[7] Municipalities have the power to regulate the use of land and buildings within prescribed districts through zoning.[8] Zoning is generally defined as the legislative division of a region into districts with different regulations within the districts for land use, building size, and the like.[9] While a municipality may enact zoning ordinances and regulations, a legislative enactment on the same subject matter controls.[10] Therefore, to the extent a municipal ordinance conflicts with a state statute in regard to the prohibition against any local act which seeks to prohibit vacation rentals, the municipal ordinance must fail.[11] Thus, while a local government may regulate vacation rentals, it may not enact a local law, ordinance, or regulation which would operate to prohibit vacation rentals. To the extent a zoning ordinance addresses vacation rentals in an attempt to prohibit them in a particular area where residences are otherwise allowed, it would appear that a local government would have exceeded the regulatory authority granted in section 509.032(7)(b), Florida Statutes. Question Two A municipality has home rule powers to enact legislation on any subject upon which the State Legislature may act, except, among other things, any subject that is expressly prohibited by the Constitution or any subject that is expressly preempted to state or county government by the Constitution or by general law.[12] Section 509.261(1), Florida Statutes, provides: "Any public lodging establishment or public food service establishment that has operated or is operating in violation of this chapter or the rules of the division, operating without a license, or operating with a suspended or revoked license may be subject by the division to: (a) Fines not to exceed $1,000 per offense; (b) Mandatory completion, at personal expense, of a remedial educational program administered by a food safety training program provider approved by the division, as provided in s. 509.049; and (c) The suspension, revocation, or refusal of a license issued pursuant to this chapter." (e.s.) http://www.myfloridalegal.com/ago.nst7printview/5DFB7F27FB483C4685257D900050D... 2/10/2015 Advisory Legal Opinion - Vacation Rentals -- Municipalities -- Land Use Page 4 of 6 Moreover, section 509.241(1), Florida Statutes, makes it a misdemeanor of the second degree to operate a public lodging establishment without a license. The statute further provides that local law enforcement shall provide immediate assistance in pursuing an illegally operating establishment. Where the Legislature has prescribed the manner in which something is to be accomplished, there is an implied prohibition against its being done any other way.[13] This office has recognized that a municipality has the authority to prescribe penalties for violations of its ordinances, but derives no authority from its home rule powers to exceed penalties prescribed by law.[14] Section 509.271, Florida Statutes, provides that "[a] municipality or county may not issue an occupational license to any business coming under the provisions of this chapter until a license has been procured for such business from the [D]ivision [of Hotels and Restaurants]." Clearly, therefore, a municipality may require through its licensing tax ordinance that a vacation rental obtain a license in order to conduct business within the municipality.[15] This would appear to be an appropriate regulation which the city could impose upon vacation rentals within its jurisdiction. Section 205.053, Florida Statutes, provides the manner in which business tax receipts are to be sold, penalties which may be imposed for delinquent taxes, and penalties which may be imposed for failure to obtain a local business tax receipt. The section further provides that any person who engages in any business covered by the chapter who does not pay the required tax within 150 days after the initial notice of tax due "is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250."16 Where the Legislature has prescribed a penalty for violation of a particular act, a city may not impose more severe sanctions. When discussing the effect of the amendment to section 509.032, Florida Statutes, an example of how such regulation might be implemented was a local ordinance requiring that the name and contact information for a local representative be posted in a vacation rental owned by out-of-state individuals.[17] The sponsor of the amendment addressed the committee and emphasized that the changes would remove the preemption on local government regulation of vacation rentals and allow local ordinances to address local concerns.[18] Accordingly, while the amendment of section 509.032(7), Florida Statutes, by Chapter 2014-71, Laws of Florida, allows a local government to regulate vacation rentals, such regulations may not impose penalties which conflict with those prescribed by law. Sincerely, Pam Bondi http://www.myfloridalegal.com/ago.nsf/priiitview/5DFB7F27FB483C4685257D90005OD... 2/10/2015 r Advisory Legal Opinion - Vacation Rentals -- Municipalities -- Land Use Page 5 of 6 Attorney General PB/tals [1] The statute continues to grandfather in any local law, ordinance, or regulation adopted on or before June 1, 2014. [2] See Inf. Op. to Mr. Albert J. Hadeed, Flagler County Attorney, dated October 22, 2013. [3] See SB 356, filed November 5, 2013. [4] See 486775 - Strike All Amendment by Rep. Hutson, adopted April 29, 2014. [5] See The Florida Senate House Message Summary, SB 356, 1st Eng., House Amendment 1 - 486775, dated April 30, 2014. [6] See House of Representatives Staff Analysis, Local & Federal Affairs Committee, CS/HB 307, dated April 11, 2014. [7] See Scurlock v. City of Lynn Haven, Florida, 858 F.2d 1521, 1525 (11th Cir. 1988). And see Gulf & Eastern Development Corporation v. City of Fort Lauderdale, 354 So. 2d 57 (Fla. 1978) (zoning is a legislative function which reposes ultimately in the governing authority of a municipality). [8] See s. 2(b), Art. VIII, Fla. Const., granting municipalities the authority to exercise any power for municipal purposes except as otherwise provided by law. [9] Black's Law Dictionary (8th ed.), "zoning," p. 1649. [10] See Rinzler v. Carson, 262 So. 2d 661 (Fla. 1972) (municipality may not forbid what the Legislature has expressly authorized, nor may it authorize what the Legislature has expressly forbidden). [11] See City of Miami Beach v. Rocio Corp., 404 So. 2d 1066, 1069 (Fla. 3d DCA 1981) (municipal ordinances are inferior to state law and must fail when conflict arises). [12] See s. 166.021, Fla. Stat. [13] See Alsop v. Pierce, 19 So. 2d 799 (Fla. 1944) (express statutory direction as to how a thing is to be done is implied prohibition of its being done in any contrary manner). [14] See Op. Att'y Gen. Fla. 81-76 (1981) (exercise of municipal home rule power in setting severity of penalties is limited by those 01 .3$ littp://www.myfloridalegal.com/ago.nsf/printview/5DFB7F27FB483C4685257D900050D... 2/10/2015 Advisory Legal Opinion - Vacation Rentals -- Municipalities -- Land Use Page 6 of 6 prescribed by statute). [15] See s. 205.042, Fla. Stat., authorizing a municipality to levy, by appropriate resolution or ordinance, a business tax for the privilege of engaging in or managing a business, profession, or occupation within its jurisdiction. [16] Section 205.053(3), Fla. Stat. [17] See Senate Committee on Community Affairs, discussion of SB 356, dated February 4, 2014. Other discussion included parking controls and limitation on the number of unrelated persons occupying a house. [18] Id. Sen. John Thrasher discussing circumstances in Flagler County which gave rise to need for amendment and return home rule power to local governments. ))q. 31 http://www.myfloridalegal.com/ago.nsf/printview/5DFB7F27FB483C4685257D900050D... 2/10/2015 Fl-l-E-E-j'. 16ppes2@antc Wednesday, August 28.2073 t2! PM Tumor, Pi:r, Fkfthxi , trap : (no subec4 2,10-15, /t1/j,/. DEAR PILAR TURNER AND CRAIG FLETCHER, AS HOMESTEADED HOMEOWNER IN AMBERSAND 1 WOULD GREATLY WELCOME YOUR VOTE OPPOSING TEMPORARY RENTALS OF PROPERTY. IT WAS RECENTLY VOTED TO ALLOW SUCH AND WE ARE IN THE NORTH BEACH ASSOCIATION CERTAINLY OPPOSED TO THIS. THE TEMPORARY RENTALS HAVE 8- 15 CARS AT HOUSES WHICH ARE HOMESTEADED YET LEASED TO ANYONE. THERE ARE FIREWORKS BEING SHOT LATE EVENINGS UNTIL DAWN, LEGAL OR NOT, GARBAGE LEFT AS MANY AS 5 TO 6 GARBAGE CANS OR JUST BAGS LEFT FOR WEEKS AT A TIME TORN BY WILD ANIMALS AND STREWN ACROSS A1A. I PERSONALLY HAVE ASKED FISHERMEN TO LEAVE PRIVATE BOATDOCKS WHEN THE LAW NEVER ARRIVES TO HANDLE THE MATTER. I HAVE HAD NAKED PEOPLE IN THE PUBLIC PARK (BY MY HOME) , NUMBERS OF DOGS DAILY UNLEASHED OR LEASHED COME INTO MY YARD TO RELIEVE THEMSELVES, MY WATER TURNED ON FOR THE PUBLIC USE, SEX ON MY DUNES, SEA OATS DESTROYED, PEOPLE DEFECATING AND URINATING IN MY YARD, PEOPLE UNTIL 9:00 TO 10:00 PM RAGING BECAUSE I TOLD THEM THE PARK CLOSES AT SUNSET, PEOPLE THROWING TRASH IN THE PARK DAILY, BEER BOTTLES AND ALCOHOL IN THE PARK AND TRASH ON THE BEACH DAILY. THE POLICE AND PARKS CAN SEE THE HUNDREDS OF BEER CANS AND ALCOHOL BOTTLES IN THE GARBAGE DAILY BUT DO NOTHING ABOUT IT ALTHO THEY CAN SEE THE ACCUMULATION IN THE GARBAGE CANS WITH THE SIGN IN FULL VIEW ...... NO ALCOHOL. PEOPLE BORROW MY LAWN FURNITURE AND USE MY WALKOVER TO PICNIC ON AS IF IT IS PUBLIC. I HAVE HAD MY WATER LEFT ON FOR SEVERAL HOURS BECAUSE I GO TO CHURCH AND COME HOME AND IT IS ON. IT WOULD BE HELPFUL IF THE COUNCILMEN, PARKS DEPT AND THE SHERIFF'S DEPT WOULD WORK TO HELP US. MANY NIGHTS THE PARK IS LEFT OPEN LATE WHEN MANY PARK USERS WALK THE BEACH AND THEY CAN NOT LOCK GATE BECAUSE THEY ARE NOWHERE TO BE FOUND. IF THEY DO LOCK THE GATE WHILE THEY ARE ON THE BEACH, THEN THEY COME TO MY HOME DEMANDING I CALL THE SHERIFF OR PARKS AND GET THEM TO UNLOCK THE GATE. MR. ALEXANDER AND MR. FLEETWOOD DOA GREAT JOB BUT WITH THEIR DEPT CUTS AND HIRING AN OUTSIDE COMPANY TO CLOSE AND OPEN THE PARKS AND MAINTAIN THEM THEY HAVE FEW OPTIONS. THE PARK HAS BEEN LOCKED AS LATE AS 10:00 PM AND UNLOCKED AS EARLY AS 11:00 PM. WOULD YOU LIKE TO HAVE CARS IN THE PARK HONKING, PEOPLE YELLING, FISHING, ALL HOURS OF THE NIGHT AND DAY??? THE GATES ARE NO LONGER 5" CHAIN LINK WHICH WOULD STOP PEOPLE FROM COMING INTO THE PARK AFTER OR BEFORE HOURS. EVEN WITH SIGNS OUTSIDE THE PARK AND ALONG AIA PEOPLE STILL GO ILLEGALLY AFTER AND BEFORE PARK IS OPENED, SIMPLY WALK IN AT WILL. I HAVE HAD PEOPLE ACTUALLY DEFACATE ON MY FIRST FLOOR, DOGS CHASE ME INTO MY OWN HOME WHEN THEY COME IN MY YARD. THIS SHOULD NEVER HAPPEN. I AM ASKING FOR YOUR SUPPORT IN HELPING TO RESOLVE THESE ISSUES. I THANK YOU IN ADVANCE FOR YOUR HELP IN RESOLVING THESE PROBLEMS. SINCERELY, CHERYL KIPPES 12570 N. AIA VERO BEACH, FL. 32963 388-6649 From: mam shiver � Sent: °" Monday, August 28, 2073013 10-37 0:37 AM To: Fletcher, Craig: a9; Turner, Pilar Subject: APPeaeof Code Enforcement Mame artstudio�cancag T.. Rentals wrn Appeal of Code Enforcemerrt Board Vote on Short Term Rentals Good Morning, I am a Full time homeowner and resident in Ambersand Beach. We have had ongoing problems with owners that are choosing to rent their homes out short term which has had a negative effect on our quiet North Beach community. We have a revolving door of vacationers who leave bagged garbage on the side of the road and have made:our raccoon g g . _- the have population extremely happy. The ripped bags sometimes lay strewn across lawns for several days before they are taken away. Several en - evenings the Sherriffs had to be called because of unlawful fireworks being set off b college b between 2 and 7AM. I have had people walking their dogs on my river property, leaving a mess ys and not cleaning it up. Another serious problem is that when the renters leave, their local friends still / come back and trespass on the docks. When they have been asked to leave, they are uncooperative and some have been hostile. I have had kayaks stolen. It has recently come to my attention that some of these homeowners are homesteaded. They have been reported. When we moved to Vero Beach 15 years ago, we did so because we were drawn to the quiet beau of this town. If we wanted to be surrounded by "Spring Break we would have chosen Fort Lauderdale. My husband and I along with many of our neighbors are deeply concern negative impact that this is already causing in our beautiful Ambersand neiged with the hborhood. We are confident that you can understand our concern and will help us keep our neighborhood from going downhill and becoming an undesirable place to live. Please vote to appeal this decision by Code Enforcement to allow short term rentals. Thank you for your consideration in this matter. Cheryl Martin 12680 Hwy A1A 3H. y) From: Sent: Monde�A�� -� 7o: �• rW9 �. 2913 324 PM Fletcher, Drag Subject: Appeal of Code Enforcement Board Vote on Short Term Rent* Hello, f/ f We are full time resident in Ambersand Beach. My husband and I built our home six years ago because we thought it was a quiet and secure place to live. We have had an influx of renters to our area along with garbage in the street, fires on the beach, parked cars every where, people trespassing on our dock and fireworks at all hours of the night. When we built our home I was not aloud to have living space on the ground floor and now these homes owners are renting the ground floor out. I have counted as many as ten young people packed into one single family home. I am concerned that our property values will decline and we will never return to a peaceful life here in Ambersand. Please vote to appeal this decision by Code Enforcement to allow short term rentals. Thankyou, Mrs Morrow 12760 Highway A1A S. w }.V o`68L9�3'p� J� y. "/�-