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HomeMy WebLinkAbout10/01/2013AP PROCLAMATION RECOGNIZING NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, each day in America four women are murdered by their intimate partners; and WHEREAS, every 60 seconds in America four women are abused by their intimate partners; and WHEREAS, one-third of ALL American women report being physically or sexually abused by a husband or boyfriend sometime during their lives; and WHEREAS, National Domestic Violence Awareness Month provides all Americans the opportunity to recommit to ensuring that every relationship be violence free; and WHEREAS, that all domestic violence victims deserve a safe place, where they can live with respect, resources, restoration and justice; and WHEREAS, in Indian River County, SafeSpace, Inc. joins forces with law enforcement, victim service programs, criminal justice officials, social service organizations, and concerned citizens throughout the County to fight domestic violence; and WHEREAS, together, their commitment and compassion help to ensure that our community steps forward to lend a hand to domestic violence victims in need. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the Board recognizes and honors the month of October 2013 as Domestic Violence Awareness Month and furthermore expresses our sincere appreciation for those committed to promoting peace and preventing domestic violence in our community. Adopted this 1St day of October, 2013. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA seph . Flescher, Chairman esley S. Davis, Vice Chairman Bo)a4plari Peter D. O'Bryan Ti PROCLAMATION DESIGNATING OCTOBER 6 THROUGH OCTOBER 12, 2013, AS MENTAL ILLNESS AWARENESS WEEK IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, serious mental illness such as major depression., bipolar disorder, schizophrenia, obsessive-compulsive disorder, severe anxiety disorders, borderline personality disorder, and post- traumatic stress disorders affect one in every four people annually; and WHEREAS, serious mental illness is a highly treatable medical illness of the brain posing the same concern as cancer, heart disease, diabetes and other illnesses; and WHEREAS, scientific research is producing tremendous breakthroughs in the understanding of mental illness, resulting in more effective treatments to allow people to reclaim full and productive lives; and WHEREAS, misunderstandings exist about mental illness and social culture often wrongly imposes a stigma on mental illness. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of October 6, through October 12, 2013 be designated as MENTAL ILLNESS AWARENESS WEEK in Indian River County, Florida to increase public awareness of mental illness and to promote treatment and recovery. Adopted this 1st day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA J e . Flescher, Chairman S. Davis, Vice Ch*rman ,iL� Peter D. O' Bryan ORIO , Bob Solari Ti rc PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2013 AS INDIAN RIVER COUNTY FAMILY HISTORY MONTH WHEREAS, the month of October is recognized as Family History Month and the genealogical study of our past contributes to the preservation and nurturing of essential values of personal identity; and WHEREAS, the Julian W. Lowenstein Archive Center and the Genealogy Department of the Indian River County Main Library affords those who avail themselves with a rich, substantive and diverse repository of multimedia resources unparalleled in quality for a community of our size; and WHEREAS, the Indian River Genealogical Society over the past 30 years has taken pride in the promotion of interest in family and local history and furthered genealogical research ; and WHEREAS, the Indian River Genealogical Society educates the public in family history each year through its lectures, workshops, seminars and community outreach; and WHEREAS, the Indian River Genealogical Society published works such as the Cemeteries of Indian River County and the Indian River County Postcard History have increased the public awareness of the historic Indian River County community ; and WHEREAS, the Indian River Genealogical Society has helped preserve access to family records and the availability of records required for researching, organizing, documenting and articulating the story of permanent and seasonal residents; and WHEREAS, the Indian River Genealogical Society is committed to "Paying it Forward" in the pursuit of community projects like the indexing of census records and the documentation of cemetery markers of Indian River County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board designates the month of October as Indian River County Family History Month and hereby congratulates the Indian River Genealogical Society on its contribution to promoting the legacy of Indian River County and its residents over the past 30 years. Adopted this 1s' day of October, 2013 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA se E. !R!escher, Chairman � F u:. u r I QC, W S. Davis, Vice Chakr93.an Qd t Peter D. O'Bryan Bob Solari Tim Z�' _ o B oa Q a -IR Icy MOW On�jlllll f o r � O Air Show & Classic Car Event Vero Beach, . Municipal#Airport 9E It' s- ���OCTO S 4 I e �► 20431- S 0 3 AVAILABLE ET ONLINE www.VeroAirShow.com SKYDIVING e MILITARY ZONE FEATURING THE GEICO SKYTYPERS Navy UDT SEAL Museum AIRCRAFT ;S Wide_ Array of Concessions ad Merchant Boos o Booths 11 F r 7he t 7"ru�kd. • �� ,� facebook.com/veroairs-how MAv,a,, 818 SHOW,- • •■ �. ,, .- 2014 1%11 041 ORCHE RA Beginning Orchestra Students 31 Pre-Advance&Advance Orchestra Students At the merson Center 1590 27th Avenue • Vero Beach, FL 32960 Tickets available in the box office (772)778-5249 $25.00 donation for 2:00 p.m. reception & performance $15.00 donation for 3:00 p.m. performance only * $5.00 children 12 & under performance More Violins - Less Violence - Better Tomorrows Saturday • November 2, 2013 For more information call 1.B Jennings (772) 453-5233 or Dr. Crystal Bujol (772) 778-5118 The Gifford Community Youth Orchestra • 8 Vista Gardens Trail#102 • Vero Beach, FL 32962 • (772)778-5118 • gVo@gyotigers.org Printed by the inmate vocation of Design Publication - Indian River County Sheriff's Office 1. V vJ Florida Children's Council • The Florida Children's Council represents the 8 Children's Services Maximizing & Accessing Community Resources Councils(CSC)statewide. to Improve Child Outcomes • The Council is located in Florida's Capital city,Tallahassee-the hub of the state's legislative and policy activities. • The Council was created in 2006 and serves as an association to meet the mission to promote policies that build effective primary prevention and early intervention systems of supports for Florida's children and families by engaging and enhancing the collective strengths of the individual 8 CSCs. Presented to Indian River County Commissioners October 1,2013 b. Z About Children's Services Councils About Children's Services Councils • A CSC is a government entity created by the county commission(local • Nearly 60%of Florida's children younger than age 5 live in CSC county. ordinance)or approved by taxpayers(special taxing district)to fund . 50%of the state's children 18 and younger live in a CSC county. children's services in the county where it exists. • Chapter 125.901 of Florida Statutes governs the creation and operation • 2 of the 8 counties with a CSC are among the most populous counties in of a CSC. the nation: Miami-Dade county and Broward county. • Florida is the only state in the nation with a law enabling communities • 49%(9.3 million)of the state's entire population(19.3 million)live in to create a local government with the sole purpose of investing in these 8 counties. children's services. **It is part of the mission of the Council to support efforts in other communities to create local CSCs across the state. 3 .b. 2 E. ' About Children's Services Councils CSCs are either approved by the local electorate or created by elected Florida Children's officials(county commissioners). Services Councils Their governing boards are representative of the community, including local elected officials,gubernatorial appointees,local leaders and state Florida Children's Council(FCC) employees. JacksonvilleChildren's Commission(Duval County) Juvenile Welfare Board(Pinellas County) •.a. �..a..b.. �. • CSCs offer a local funding stream by investing public dollars into local am. children's programs, which helps decrease counties'dependence on HillsboroughChUchen's Board limited state and federal funds. Children's SemicesCouncil of St.Lucie County Children's Services Council of Martin County w+. Children's Services Council of Palm Beach County Children's Services Council of Broward County a•' The Children's'Bust of Miami-Dade County 3 .b. 3 About Children's Services Councils The CSC Landscape in Florida • Subject to the same rules and requirements that apply to city and In 7 of the 8 counties,voters have approved a CSC with"independent" county governments,CSCs operate with multiple levels of taxing authority to ensure that a dedicated funding source is available accountability for children's programs and services. • Pinellas,Miami-Dade,Broward,Palm Beach,Martin,St.Lucie, • CSCs are a proven investment,not only because they leverage local Hillsborough counties. dollars to secure millions in state and federal matching money and private donations,but also by investing local resources in evidence- The one remaining CSC operates as a"dependent"district under local based services and supports for children)youth and families. ordinance.They rely on funding from the county government,and other sources,to pay for children's programs and services(Duval County/Jacksonville). Nx, Independent Vs. Dependent CSCs Independent Vs. Dependent CSCs Independent CSCs: Dependent CSCs: • Special taxing districts established by vote of county electors pursuant • Perform similar functions as independent CSCs;however,funding comes to Florida law(Chapter 125.901).The governing board is not under the from the county's property tax revenues and falls under the 10 mill-cap authority of the county commission. for county services. • Single-purpose local governments with ad valorem taxing authority up • The governing board of the dependent CSC district is appointed by,and to.5 mill.Voters in 2 counties have authorized up to 1 mill for their CSC operates under,the authority of the county commission. —Pinellas and Palm Beach. • Independent CSCs -Pinellas,Miami-Dade,Broward,Palm Beach, • Dependent CSC Duval county. Martin,St.Lucie,Hillsborough counties. t 3,b. 5 A Shared Mission Focus of CSCs CSCs invest in programs that focus on early childhood Whether independent or dependent, development (typically birth-8 yrs). Specific programs Florida's CSCs share the same mission... depend on the community.Common areas include: to invest in primary prevention and -Programs promoting healthy families and healthy births early intervention programs. -Programs supporting quality early care and education -After school and summer programs "00.. � 3 . b. 6 Florida CSC's Benefit Children, Families and Florida CSC's Benefit Children, Families and Communities Communities • St.Lucie County Population:285,000 • Martin County Population: 150,000 • Total Budget: $7.8 million(about$25 per year,per resident) • Total Budget: $7.7 million(about$25 per year,per resident) • Created more than 20 years ago • Created 25 years ago • Children Served: 32,500 across 54 funded programs. • Children Served: 9,000 across 24 funded programs. • Program emphasis:Strengthening Families,Nurse Home Visitation, • Program emphasis:Maternal and Child Health,After School,Mental increased local match for early learning,and after school programs. Health and Substance Abuse,and Child Abuse Prevention. • Funding for Early Learning: 23% • Funding for After School:35% Dollars leveraged annually: $5.9 million Dollars leveraged annually: $3.3 million w _ a Examples of programs funded by CSCs Local Children's Services Councils • EasterSeals—EarlySteps • Healthy Beginnings Summary: • Early Learning Coalitions • Home Safe • Healthy Start Coalitions • Sickle Cell Foundation • Kids at Hope • YMCA Each CSC is a local dedicated funding source committed to • Home Visitation Programs • The Village Youth Services research-based programs based on the extent to which • Boys and Girls Clubs • Forever Family programs impact child/family outcomes. • Take Stock in Children • Children's Harbor • PACE Center for Girls • United Cerebral Palsy The ARC WorkForce One CSCs are created locally and define top priorities based on • • Safe Families Project • Hispanic Unity of Florida community needs. • Help Me Grow • Children's Hospitals Ail i 3,b, 8 10/9/2013 Florida Children's Council Thank you! The Council serves as a catalyst for a Florida children's policy agenda that focuses on improving the lives of all Florida children. Contact Information The 2012-2013 Children's Agenda includes the following priority areas: Jacki Jackson Elizabeth Barbella 1. Adequately fund and improve early childhood and afterschool programs Executive Director/CEO Executive Director 2. Healthy children ELC of IRMO House of Hope-Martin County 3. Supports for children and families liackson elcirmo.org elizabethCWhohmartin.org 4. Youth services 772-359-7342 772-286-4673 x 1001 Brittany Birken, Ph.D, Chief Executive Officer r The Florida Children's Council pt ;_ ,,$50 402 5437 , 1444 z art- SRI-- gg OCTOBER 1, 2013 INFORMATIONAL ITEMS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: September 19, 2013 Subject: Resignation of Todd Westover to the Enterprise Zone Development Agency (EZDA) From: Laura E. Vasquez, Commissioner Assistant; District 2 Mr. Todd Westover has tendered his resignation, effective immediately, from the Enterprise Zone, as Member at Large effective immediately. His term expires in January, 2015. Anyone interested in serving on the Enterprise Zone Development Agency and meets the requirements will need to submit an application and resume to Laura E. Vasquez at the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Applications can be accessed on-line at www.ircgov.com/boards/committee applications or the Board of County Commissioner's Office. Attachment: Emailed Resignation 4 „,,,.,-aura Vasquez From: twestover@gottagogreen.net Sent: Wednesday, September 18, 2013 5:06 PM To: Laura Vasquez Subject: RE: EZDA Hello Laura After much more reflection than I would like to admit it is clear that I must spend more time on my current business to be fair to all concerned. So with much regret I must resign my seat on the Enterprise Zone Committee. I know it will go on to do many more great things. I Tell the gang I said hello, good luck and will see them all around the village! Thank you, TODD WEITOVER 772-453-8867c. -------- Original Message -------- 9 9 Subject: EZDA From: "Laura Vasquez” <Ivasquez@ircgov.com> Date: Thu, September 12, 2013 10:12 am To: <TWESTOVER@GOTTAGOGREEN.NET> I 5 rGA II1IlIIEDUTE RELEASE September 10, 3013 South Florida Section 136 Atlantis Boulevard Atlantis,FL 33462 Contact: Jo.Uuia Smith Tel: 561.729.0544 jsmitIi4 pgahq.conn Fax: 561."'29.0914 561.7 29.0544 x102 BELA NAGY N_HIED 2013 SFPGA AIERCnkNDISER OF THE YEAR-PUBLIC CATEGORY SEB_-1STDA- ESIDE-7 TO BE RECOGNIZED ATANNUALAWARDSNIGHTINNOVEMBER ATLANTIS, FL —Bela Nagy. PGA Head Professional at Saiidridge Golf Club in Vero Beach, has been named the 2013 South Florida PGA Merchandiser of the Year it the Public Category. This award is presented to the PGA Member that has demonstrated superior skills as merchandisers iii the promotion of golf Ivith a focus on the individuaN inventory, shop display,staff, and merchandising tecluii(lues at a public facility. "Being chosen by my peers as SFPGA Merchandiser of the Year is a tremendous honor,"says Nagy. "This award is one that I will share with nnv xuluable staff who are an instrumental part of the succes of Sandridge Gulf Club and our merchandising plan." Nag}'has proved that with dedication to customer service and determination to give the customer the best overall buying experience possible. he has still been able to maintain a steady increase in. merchandise sales (5.roi from 2012) at Sandridge Golf Club.Nagy believes that whenit comes to merchandising, no idea is too exhavagannt or unusual.He believes that being open to nnexv ideas will help to train new perspectives and ultinnately give the customer something they have never experienced before. By constantly changing the appearance of the Shop and offering new, opportunities for the customer to gain additional value out of their purchases.Nagy has created a top-of-the-line bu)inng L-periennce at his facility. One of Nagy's most beneficial ventures was the new Callaway Golf Club rental program that he implemented Sanndridtre Golf Club. Each rental set included a souvenir pouch with six Callaway balls and tees. Nagy saw a large increase in club sales to customers rho had utilized these rental clubs during:their rounds at Sandridge Golf Club. In addition to providing the customers of Sandridge Golf Club an outstanding buN inng experience.Nagy has been an influential nnember of the Southeast Chapter of the South Florida PGA through his work in helping to grow the game throUaln junior golf and Play Golf Annerica initiatives. In 1999, Nagy was honored as the Southeast Chapter of the South Florida PGA Junior Golf Leader. He has also previously been recognized as a US kids Top 50 teacher in both 2005 and 2009. Nagy has been instrumental to groMh of the game initiatives focused on bringing more women and children into the panne. He has created beginner ladies programs and 9-hole ladies leagues at his facility. He is able to conduct junior cannps, after-school classes, and a sunllmer tour for local humors while offering a year-round discounted rate to all junior .golfers. "Within the PGA. I take the responsibility of being a role model to kids,"expresses Nagy. "With the Treasure Coast Junior Golf Tour and the Junior Golf Cannps, Axhile playilntr the game and learning hoer to score are important, gro«-ring as individuals takes precedence, and honesty and integrity are critical attributes that a leader must teach." hi 200& as au added effort to help grow the game of golf in South Florida at public facilities. Na_gn, founded the Florida Municipal Golf Course Association where Ire conchicts yearly meetings and surveys with municipal golf courses throughout the State of Florida. This allows all municipal golf courses to see and learn from best practices at facilities like Sandridge Golf Club and ultimately grow the public interest in the game all over South Florida. 6 Bela Nagy, along with the ten(10) other South Florida PGA wnual Award Nvftiners,«will be recognized at the SFPG.k Awards Niollt held in November at. About the South Florida PGA The South Florida PGA, one of 41 PGA Section offices throughout the United States, is a not-for-profit oraa111Zat1o11 that promotes the game of golf while continuing to enhance the standards of the profession. The South Florida Section is one fi ik in the Grass-roots network used to facilitate communication amongst the nation's 25 million amateur golfers and the PGA': 28,000 members. The South Florida Section PGA is comprised of over 1.600 men and women PGA Professionals dedicated to growth-participation 111 the game of golf. I 7 JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27TH Street +�pRIpA Vero Beach, Florida 32961-1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: September 12, 2013 SUBJECT: APPROVAL OF WARRANTS September 6, 2013 to September 12, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of September 6, 2013 to September 12, 2013. Attachment: DB: MS 8 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 302699 9/12/2013 CLEMENTS PEST CONTROL 190.00 302700 9/12/2013 PORT CONSOLIDATED INC 84,187.47 302701 9/12/2013 STURGIS LUMBER&PLYWOOD CO 28.75 302702 9/12/2013 JORDAN MOWER INC 361.61 302703 9/12/2013 TEN-8 FIRE EQUIPMENT INC 741.45 302704 9/12/2013 RANGER CONSTRUCTION IND INC 238.26 302705 9/12/2013 FISHER SCIENTIFIC COMPANY LLC 2,113.94 302706 9/12/2013 VERO CHEMICAL DISTRIBUTORS INC 45.80 302707 9/12/2013 COPYCOINC 322.18 302708 9/12/2013 METAL CULVERTS 8,757.15 302709 9/12/2013 RICOH USA INC 18.03 302710 9/12/2013 VELDE FORD INC 631.11 302711 9/12/2013 STEWART MINING INDUSTRIES INC 348.07 302712 9/12/2013 RUSSELL CONCRETE INC 1,223.00 302713 9/12/2013 AT&T WIRELESS 533.44 302714 9/12/2013 DATA FLOW SYSTEMS INC 34,955.75 302715 9/12/2013 COLD AIR DISTRIBUTORS WAREHOUSE 125.88 302716 9/12/2013 DELTA SUPPLY CO 54.32 302717 9/12/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 16.47 302718 9/12/2013 GRAINGER 3,719.99 302719 9/12/2013 KELLY TRACTOR CO 2,308.58 302720 9/12/2013 SAFETY KLEEN SYSTEMS INC 1,008.00 302721 9/12/2013 DAILY COURIER SERVICE 586.00 302722 9/12/2013 INDIAN RIVER MEDICAL CENTER 3,377.86 302723 9/12/2013 LFI FORT PIERCE INC 337.50 302724 9/12/2013 HD SUPPLY WATERWORKS,LTD 8,877.54 302725 9/12/2013 SCHULKE BITTLE&STODDARD LLC 2,685.42 302726 9/12/2013 AMJ EQUIPMENT CORPORATION 1,446.00 302727 9/12/2013 VERO INDUSTRIAL SUPPLY INC 267.09 302728 9/12/2013 JAMAR TECHNOLOGIES INC 175.24 302729 9/12/2013 TIRESOLES OF BROWARD INC 2,779.70 302730 9/12/2013 FIRESTONE COMPLETE AUTO CARE 520.37 302731 9/12/2013 BARTH CONSTRUCTION INC 176,081.69 302732 9/12/2013 R&G SOD FARMS 180.00 302733 9/12/2013 GOLF SPECIALTIES INC 1,250.00 302734 9/12/2013 GENERAL PART INC 1,301.45 302735 9/12/2013 UTILITY SERVICE CO INC 114,497.73 302736 9/12/2013 BAKER&TAYLOR INC 1,738.69 302737 9/12/2013 MIDWEST TAPE LLC 713.59 302738 9/12/2013 LOWES CO INC 2,683.49 302739 9/12/2013 PRECISION CONTRACTING SERVICES INC 10,495.47 302740 9/12/2013 MELODY MUSIC 107.00 302741 9/12/2013 PALM TRUCK CENTERS INC 153.10 302742 9/12/2013 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 302743 9/12/2013 LINDSEY GARDENS APARTMENTS 1,146.00 302744 9/12/2013 TINDALE-OLIVER&ASSOCIATES INC 3,447.06 302745 9/12/2013 CLERK OF CIRCUIT COURT 7.80 302746 9/12/2013 INDIAN RIVER COUNTY HEALTH DEPT 1,005.27 302747 9/12/2013 INDIAN RIVER COUNTY HEALTH DEPT 128.00 302748 9/12/2013 INDIAN RIVER COUNTY HEALTH DEPT 192.00 302749 9/12/2013 CITY OF VERO BEACH 7,453.39 302750 9/12/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 302751 9/12/2013 CHAPTER 13 TRUSTEE 472.06 302752 9/12/2013 COMPBENEFITS COMPANY 243.70 • 302753 9/12/2013 COLONIAL LIFE&ACCIDENT INS CO 158.94 302754 9/12/2013 AERC,COM INC 3,261.41 302755 9/12/2013 INDIAN RIVER ALL FAB INC 938.35 302756 9/12/2013 LAERDAL MEDICAL CORPORATION 486.00 1 9 CHECK NBR CK DATE VENDOR AMOUNT 302757 9/12/2013 UNITED PARCEL SERVICE INC 144.08 302758 9/12/2013 PETTY CASH 11.63 302759 9/12/2013 FLORIDA EAST COAST RAILWAY LLC 1,964.18 302760 9/12/2013 JANITORIAL DEPOT OF AMERICA INC 2,499.29 302761 9/12/2013 HUMANE SOCIETY 24,900.00 302762 9/12/2013 PUBLIX SUPERMARKETS 20.00 302763 9/12/2013 PUBLIX SUPERMARKETS 11.72 302764 9/12/2013 MARRIOTT FT LAUDERDALE NORTH 270.00 302765 9/12/2013 TOTAL TRUCK PARTS INC 29.97 302766 9/12/2013 AQUAGENIX 297.00 302767 9/12/2013 INDIAN RIVER HABITAT 15,336.55 302768 9/12/2013 IRC CHAMBER OF COMMERCE 9,799.37 302769 9/12/2013 FEDERAL EXPRESS 23.56 302770 9/12/2013 MORGAN&EKLUND INC 49,500.00 302771 9/12/2013 PERKINS INDIAN RIVER PHARMACY 34.05 302772 9/12/2013 ROSEN CENTRE HOTEL 89.00 302773 9/12/2013 FLORIDA POWER AND LIGHT 6,347.90 302774 9/12/2013 FLORIDA POWER AND LIGHT 1,908.17 302775 9/12/2013 FLORIDA POWER AND LIGHT 5,148.07 302776 9/12/2013 JAMES GRAY JR 198.03 302777 9/12/2013 PUBLIC DEFENDER 2,610.40 302778 9/12/2013 THOMAS S LOWTHER FUNERAL HOME 425.00 302779 9/12/2013 BRE-CLEARWATER OWNER LLC 424.00 302780 9/12/2013 BRE-CLEARWATER OWNER LLC 424.00 302781 9/12/2013 GAIL E FLINN 192.50 302782 9/12/2013 CITY OF FELLSMERE 188.19 302783 9/12/2013 GLOBAL GOLF SALES INC 56.75 302784 9/12/2013 COMMUNITY ASPHALT CORP 71,939.55 302785 9/12/2013 CATHOLIC CHARITIES DIOCESE OF PALM BCH 850.00 302786 9/12/2013 STRUNK FUNERAL HOMES 425.00 302787 9/12/2013 KEVIN S HAWKINS 500.00 302788 9/12/2013 TREASURE COAST SPORTS COMMISSION INC 24,942.27 302789 9/12/2013 COX GIFFORD SEAWINDS 425.00 302790 9/12/2013 STEPHENS PUBLISHING CO 3,780.75 302791 9/12/2013 TRANSPORTATION CONTROL SYSTEMS 6,996.00 302792 9/12/2013 COUNTY VETERAN SERVICE OFFICERS 250.00 302793 9/12/2013 RANGE ROAD MINE LLC 5,411.28 302794 9/12/2013 MISDU MICHIGAN STATE 445.75 302795 9/12/2013 ARNOLD AIR CONDITONING INC 2,974.00 302796 9/12/2013 G K ENVIRONMENTAL INC 8,910.00 302797 9/12/2013 CHILDRENS HOME SOCIETY OF FL 1,250.00 302798 9/12/2013 NEW JERSEY FAMILY SUPPORT CENTER 330.13 302799 9/12/2013 ADVANCED XEROGRAPHICS IMAGING 22,215.18 302800 9/12/2013 DONADIO AND ASSOCIATES ARCHITECTS 26,902.54 302801 9/12/2013 VERO CLUB PARTNERS LTD 679.00 302802 9/12/2013 DAVIDSON FORD LTD 38,712.14 302803 9/12/2013 ECONOLITE CONTROL PRODUCTS INC 1,559.00 302804 9/12/2013 THE PALMS AT VERO BEACH 311.00 302805 9/12/2013 RUSSELL PAYNE INC 181.44 302806 9/12/2013 TREASURE COAST MATS 476.00 302807 9/12/2013 MALCOLM PIRNIE INC 5,789.20 302808 9/12/2013 CELICO PARTNERSHIP 1,961.52 302809 9/12/2013 CONTROL SYSTEMS DESIGN INC 3,100.00 302810 9/12/2013 VAN WAL INC 354.00 302811 9/12/2013 ADAMS HOMES OF NORTHWEST FLA 139.21 302812 9/12/2013 FLORIDA SECTION AMERICAN WATER WORKS 285.00 302813 9/12/2013 JOHNS EASTERN COMPANY INC 54.86 302814 9/12/2013 CENTRAL PUMP&SUPPLY INC 677.07 302815 9/12/2013 ANIXTER INC 52.50 302816 9/12/2013 MASTELLER&MOLER INC 9,431.65 2 10 CHECK NBR CK DATE VENDOR AMOUNT 302817 9/12/2013 ARTCRAFT&FOREMOST INC 923.23 302818 9/12/2013 BEACHLAND CLEANING SERVICE 837.00 302819 9/12/2013 GLOVER OIL COMPANY INC 766.91 `,. 302820 9/12/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.53 302821 9/12/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.29 302822 9/12/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.11 302823 9/12/2013 RICHARD M HERREN 223.39 302824 9/12/2013 EXTREME CONTROL SYSTEMS INC 1,487.30 302825 9/12/2013 KNIGHTS,SUSAN D 18.16 302826 9/12/2013 SEACOAST NATIONAL BANK 101.74 302827 9/12/2013 1 ST FIRE& SECURITY INC 135.00 302828 9/12/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 118.50 302829 9/12/2013 WILLIAM HOLMES 27.33 302830 9/12/2013 COMPLETE ALARM INC. 76.00 302831 9/12/2013 SPACE COAST CREDIT UNION 66.19 302832 9/12/2013 SAMANTHA HOGUE 19.82 302833 9/12/2013 CEMEX 376.00 302834 9/12/2013 ABBOTT,JOHN C&SUSAN W 45.00 302835 9/12/2013 SCHERPF,JOSEPH&CYNTHIA 130.00 302836 9/12/2013 SUNSHINE FURNITURE 598.00 302837 9/12/2013 MURPHY U S A#5788 1,500.00 302838 9/12/2013 TERRI COLLINS LISTER 15.59 302839 9/12/2013 BENNETT AUTO SUPPLY INC 331.72 302840 9/12/2013 MARINCO BIOASSAY LABORATORY INC 2,950.00 302841 9/12/2013 YOUTH GUIDANCE DONATION FUND 14,258.89 302842 9/12/2013 DAVID L HANCOCK 883.50 302843 9/12/2013 CENTEX HOMES SE FLORIDA 77.53 302844 9/12/2013 OMNI ORLANDO RESORT 278.00 302845 9/12/2013 CHRISTINA RIPPLE 62.37 302846 9/12/2013 FLORIDA CITY GAS 470.74 302847 9/12/2013 NORTH HARRIS COMPUTER CORPORATION 57,881.25 302848 9/12/2013 EVERY FLORIDA HOME 46.72 302849 9/12/2013 WILDLIFE FOUNDATION OF FLORIDA 25.00 302850 9/12/2013 FEDERAL NATIONAL MORTGAGE ASSOCIATION 260.38 302851 9/12/2013 MELVIN BUSH CONSTRUCTION INC 4,807.00 302852 9/12/2013 LYON FINANCIAL SERVICES INV 271.70 302853 9/12/2013 INEOS NEW PLANET BIOENERGY LLC 60,044.95 302854 9/12/2013 LISA BEZAK 73.91 302855 9/12/2013 TREASURE COAST MOTOR CYCLE CENTER INC 90.72 302856 9/12/2013 SAFEGUARD PROPERTIES 35.61 302857 9/12/2013 BOULEVARD TIRE CENTER 3,497.46 302858 9/12/2013 DALE SORENSEN REAL ESTATE 120.53 302859 9/12/2013 PNC BANK NA 19.43 302860 9/12/2013 JANCY PET BURIAL SERVICE 144.50 302861 9/12/2013 MURPHY&WALKER P L 11,192.16 302862 9/12/2013 SAFETY SCHELL CORPORATION 943.50 302863 9/12/2013 PACE ANALYTICAL SERVICES INC 7,282.70 302864 9/12/2013 DELRAY MOTORS 52.06 302865 9/12/2013 DATA TRANSFER SOLUTIONS LLC 7,200.00 302866 9/12/2013 XYLEM WATER SOLUTION USA INC 658.00 302867 9/12/2013 MICHELLE MOORE 6.14 302868 9/12/2013 ORLANDO FREIGHTLINER INC 475.09 302869 9/12/2013 WRIGHT EXPRESS FSC 20,165.08 302870 9/12/2013 ERIC YOUNG 50.00 302871 9/12/2013 JOSHUA GHIZ 765.86 302872 9/12/2013 VERO BEACH BUILDERS LLC 43.72 • 302873 9/12/2013 GHO SOUTHLAKES CORP 60.13 302874 9/12/2013 GHO HOLDINGS CORP 77.69 302875 9/12/2013 ACORN OFFICE PRODUCTS LLC 252.12 302876 9/12/2013 LABOR READY SOUTHEAST INC 13,086.24 3 11 CHECK NBR CK DATE VENDOR AMOUNT 302877 9/12/2013 GAUDET ASSOCIATES INC 1,100.00 302878 9/12/2013 CARDINAL HEALTH 110 INC 404.62 302879 9/12/2013 PPG ARCHITECTURAL FINISHES INC 28.50 302880 9/12/2013 WALKERTALK LLC 400.00 302881 9/12/2013 GULF STATES INDUSTRIES INC 126,900.00 302882 9/12/2013 VWR FUNDING INC 7,130.38 302883 9/12/2013 IMPECCABLE SIGNS INC 1,098.00 302884 9/12/2013 WILLIAM C CARROLL 86.22 302885 9/12/2013 STEPHANIE PARE 79.52 302886 9/12/2013 ELINOR MORGAN 117.75 302887 9/12/2013 SAND DOLLAR INVESTMENTS LLP 17.40 302888 9/12/2013 LEROY VAN TASSEL 30.93 302889 9/12/2013 CAITLIN SALMON 22.87 302890 9/12/2013 MARILYN PARSONS 22.87 302891 9/12/2013 BOBBIE SOARES 50.00 302892 9/12/2013 LESA HEIZMANN 50.00 302893 9/12/2013 KIM GRAHAM 50.00 302894 9/12/2013 ARIEL ROWLES 50.00 302895 9/12/2013 ROBRIELLE EVANS 50.00 302896 9/12/2013 STACIE BARRETT 50.00 302897 9/12/2013 TIMOTHY BROOKS 38.49 302898 9/12/2013 GHO FIELDSTONE RANCH CORP 83.85 302899 9/12/2013 MARRERO TEAM.COM 35.90 302900 9/12/2013 EDWARD THORNBURG 21.43 302901 9/12/2013 BRITTANY SMITH 27.93 302902 9/12/2013 SUSAN CAIRNS 5.40 302903 9/12/2013 THE HOUSING LEAGUE INC 63.85 302904 9/12/2013 CAROL TOMPKINS 42.51 302905 9/12/2013 CORALSTONE CONDO ASSOC 8.43 302906 9/12/2013 CELINA DAMPIER 69.96 302907 9/12/2013 GEORGE WASHINGTON 11.89 302908 9/12/2013 RANDY P BAKER 55.85 302909 9/12/2013 MICHAEL W COLE 41.77 302910 9/12/2013 MANDA KARST 1.50 302911 9/12/2013 WILLIAM STEELMAN 27.24 302912 9/12/2013 SHATIKA RICHARDS 22.27 302913 9/12/2013 RICHARD J ROBERTS 14.96 302914 9/12/2013 CANDICE WILLIAMS 20.92 302915 9/12/2013 TONY Q PRAM 31.16 302916 9/12/2013 DAVID CARLIN 38.11 302917 9/12/2013 MICHELLE COLMENARES 233.98 302918 9/12/2013 RHONDA MC BRIDE 16.24 302919 9/12/2013 CAROLYN PLANTE 67.02 302920 9/12/2013 SCOTT BARRIE 46.44 302921 9/12/2013 WILLIAM CRAMER 43.87 302922 9/12/2013 AMY LOSQUADRO 19.59 302923 9/12/2013 ELISA MORRIS 63.74 302924 9/12/2013 CLINTON BARKER LAND DEV LLC 315.65 302925 9/12/2013 CHARLES LEIVA 14.48 302926 9/12/2013 BRYAN E LONG JR 55.39 302927 9/12/2013 RITTER CYPHERS 32.91 302928 9/12/2013 SPRYRO KARETSOS 80.69 302929 9/12/2013 DENNIS&KATIE CROYLE 28.13 302930 9/12/2013 LASTARSHA MORRIS 18.50 302931 9/12/2013 TCG PROPERTY HOLDINGS LLC 88.57 302932 9/12/2013 NICOLE MORGAN 9.95 302933 9/12/2013 ARMANDO FONT 1.32 302934 9/12/2013 AMERICAN HOMEOWNER 585.76 302935 9/12/2013 MARGARET STUBBS 4.71 302936 9/12/2013 JOSEPH KOVALESKI 51.10 4 12 CHECK NBR CK DATE VENDOR AMOUNT 302937 9/12/2013 BARON MC ELROY 82.50 302938 9/12/2013 PHILIP LE BLANC 50.02 302939 9/12/2013 CHARLES H KIRK 55.84 302940 9/12/2013 C THOMAS&AMBER WIRTH III 37.47 302941 9/12/2013 CARL C&JUDITH ROYSTON 59.00 302942 9/12/2013 GREG L BROCHE 40.68 302943 9/12/2013 RICHARD JOSLIN 58.29 302944 9/12/2013 ELIZABETH MC GINNIS 29.00 302945 9/12/2013 MARY LOMBARDO 21.20 302946 9/12/2013 SHAMEKA MC COMBS 35.24 302947 9/12/2013 MATTHEW MANLEY 66.96 302948 9/12/2013 CHERYL LESTER 31.09 302949 9/12/2013 NATHANIEL LONG 42.05 302950 9/12/2013 JOSE F BENTZ 83.05 302951 9/12/2013 CAR.LA SCHMIDT 77.79 302952 9/12/2013 CAITLIN DURRELL 75.49 302953 9/12/2013 WILMER RIOS 37.94 302954 9/12/2013 ROBERT BROWN 5.97 302955 9/12/2013 WILLIAM DUPRE 77.69 302956 9/12/2013 BRITTANY SANDERS 39.10 302957 9/12/2013 WARD HAINES 25.39 302958 9/12/2013 DANA GANTT 23.95 302959 9/12/2013 CATHERINE NARK 21.09 302960 9/12/2013 ODALYS PEREZ 22.03 302961 9/12/2013 JOHN MC HUGH 26.94 302962 9/12/2013 TOD&TINA KLEIN 52.90 302963 9/12/2013 JESUS AGUILERA 43.70 302964 9/12/2013 FRED L CHAVIS 164.12 Grand Total: 1,214,960.43 5 13 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1002402 9/9/2013 PARKS RENTAL&SALES INC 338.00 1002403 9/9/2013 SAFETY PRODUCTS INC 771.05 1002404 9/9/2013 REPUBLIC SERVICES OF FLORIDA 139.93 1002405 9/9/2013 SVI SYSTEMS INC 382.00 1002406 9/9/2013 RECHTIEN INTERNATIONAL TRUCKS 204.59 1002407 9/9/2013 SYNAGRO-WWT INC 30,471.95 1002408 9/9/2013 SOUTHERN JANITOR SUPPLY INC 1,707.88 1002409 9/11/2013 EVERGLADES FARM EQUIPMENT CO INC 99.80 1002410 9/11/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 29.67 1002411 9/11/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 75.75 1002412 9/11/2013 INDIAN RIVER BATTERY 628.25 1002413 9/11/2013 RING POWER CORPORATION 2,081.75 1002414 9/11/2013 REPUBLIC SERVICES OF FLORIDA 120.21 1002415 9/11/2013 MIKES GARAGE&WRECKER SERVICE INC 509.60 1002416 9/11/2013 GALLS AN ARAMARK CO 179.96 1002417 9/11/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 91.58 1002418 9/11/2013 MIDWEST MOTOR SUPPLY CO 694.05 1002419 9/11/2013 CAPITAL OFFICE PRODUCTS 1,855.51 1002420 9/11/2013 HARCROS CHEMICALS, INC. 7,200.70 1002421 9/11/2013 S&S AUTO PARTS 120.96 1002422 9/11/2013 STAT MEDICAL DISPOSAL INC 585.00 1002423 9/11/2013 HORIZON DISTRIBUTORS INC 59.20 1002424 9/11/2013 OFFICE DEPOT BSD CUSTOMER SVC 517.07 1002425 9/11/2013 WASTE MANAGEMENT INC 145.00 1002426 9/12/2013 REPUBLIC SERVICES OF FLORIDA 230.76 1002427 9/12/2013 DAVIDSON TITLES INC 44.38 1002428 9/12/2013 APPLE INDUSTRIAL SUPPLY CO 882.95 1002429 9/12/2013 ALLIED UNIVERSAL CORP 2,869.90 1002430 9/12/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 652.96 1002431 9/12/2013 APPLE MACHINE&SUPPLY CO 1,847.50 1002432 9/12/2013 FERGUSON ENTERPRISES INC 1,424.50 1002433 9/12/2013 COMO OIL COMPANY OF FLORIDA 1,893.75 1002434 9/12/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 109.98 1002435 9/12/2013 CAPITAL OFFICE PRODUCTS 864.76 1002436 9/12/2013 AUTO PARTNERS LLC 679.48 Grand Total: 60,510.38 1 14 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2589 9/6/2013 JMC SERVICES INC 41,853.85 2590 9/6/2013 KIMLEY HORN&ASSOC INC 6,340.00 2591 9/6/2013 CDM SMITH INC 4,735.96 2592 9/6/2013 FL RETIREMENT SYSTEM 574,100.96 2593 9/9/2013 IRS-PAYROLL TAXES 19,014.35 2594 9/10/2013 BENEFITS WORKSHOP 5,741.35 2595 9/12/2013 ATLANTIC COASTAL LAND TITLE CO LLC 10,793.90 2596 9/12/2013 ATLANTIC COASTAL LAND TITLE CO LLC 86,347.70 Grand Total: 748,928.07 1 15 d 1� i PROCLAMATION HONORING L YNN WILLIAMS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS/FACILITIES MANAGEMENT WHEREAS, Lynn Williams is retiring from Indian River County effective October 2, 2013; and WHEREAS, Lynn Williams began employment with the County as a Maintenance Supervisor in the Buildings and Grounds Division on July 10, 1981. Lynn was promoted to the position of Buildings and Grounds Superintendent on October7, 1982. He spent four years,from October 1, 1983 to October 1, 1896, as a Superintendent/Safety Officer. From October 1, 1986, Lynn continued in the capacity of Buildings and Grounds Superintendent until his retirement; and WHEREAS, Lynn Wfiliams was the project representative on numerous Indian River County projects, including the Courthouse, the County Administrative Complex, the North County Library, the Flections/43rd Avenue Annex, among many others. He served in that capacity with utmost professionalism; and WHEREAS, Lynn Williams has served this County and the Public with distinction and selflessness. During his thirty-two years of service, he was dedicated and his work was greatly appreciated by the employer, and co-workers alike; and NOW, TI1E1?EF0RI;, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Lynn Williams' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-two years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes.for success in his future endeavors. Adopted, tris 1st day of October 2013. MSV c BOARD OF COUNTY COMMISSIONERS INDIA N RIVER COUNTY, FLORIDA 1, � R,� Joseph E. Flescher, Chairman Q� � _v i° 9 f °\ r 1 i u` a° a 9 N 0 ° B � N J ° 9 N ,r a° �. �- � I I I • •I/ r / I I I r r �. ��.. P • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director AND Christopher J. Kafer,Jr., P.E., County Enginee FROM: David W. Schryver, PSM, County Surveyor / SUBJECT: Selection of Continuing Professional Surveying and Mapping Services. RFQ# 2013043 - IRC Project No. 1333 DATE: September 10, 2013 DESCRIPTION AND CONDITIONS On August 20, 2013 the Board of County Commissioners approved the five (5)firms selected for the continuing Surveying and Mapping services Contract with Indian River County. This contract is for one (1)year with an option for two (2) one-year extensions at the county's discretion. County staff has negotiated standard fee schedules and the"master"agreement with each individual firm on the selection list. The fee schedule(s) reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects and work orders. The selected firms below have accepted the "master" agreement and submitted fee schedules that have been accepted by reviewing staff: Carter Associates, Inc. Vero Beach, Florida Kimley-Horn &Assoc., Inc. Vero Beach, Florida Masteller, Moler& Reed, Inc. Vero Beach, Florida Morgan Eklund, Inc. Wabasso, Florida Southeastern Surveying & Mapping Corp. Orlando, Florida FUNDING Funding is available from Secondary Roads—Annual Survey Services and various Other Professional Services accounts. The approved budget for Annual Survey Services is approximately $368,479.50, including rollover amounts. Funding for other professional services accounts is included within the relevant capital project budgets. F:\Public Works\ENGINEERING DIVISION PROJECTSA333-2013 Annual Survey Services Contract\Admin\agenda items\RFQ Selection BCC agenda item contracts 09-010-13.doc 18 PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. OL For October 1, 2013 BCC Meeting RECOMMENDATION Staff recommends approval of attached fee schedules and agreements between the County and the five (5)firms selected and requests the Board to authorize the Chairman to execute the agreements. DISTRIBUTION 1. David Silon, PSM, Assistant County Surveyor 2. Keith McCully, P.E., Stormwater Engineer 3. Arjuna Weragoda, P.E., Capital Projects Mnager 4. Selected Firms ATTACHMENTS 1. Carter Associates, Inc. Agreement and Fee Schedule 2. Kimley-Horn &Assoc., Inc. Agreement and Fee Schedule 3. Masteller, Moler & Reed, Inc. Agreement and Fee Schedule 4. Morgan Eklund, Inc. Agreement and Fee Schedule 5. Southeastern Surveying & Mapping Corp.,Agreement and Fee Schedule Indian River County ApproveA Date APPROVED AGENDA ITEM Administration f/:<u J' FOR October 1, 2013 Budget 14k ZOO 13 BY Legal 04W —/!e " ( 3 Purchasing 12-41 L.3 Public Works 9—,7—o "l3 Engineering (y Aa _1✓ F:Tubhc Works\ENGINEERING DWISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\agenda items\RFQ Selection BCC agenda item contracts 09-010-13.doc 19 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES - IRC PROJECT NO. 1333 THIS AGREEMENT, entered into this day of , 2013, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and SOUTHEASTERN SURVEYING AND MAPPING CORPORATION, hereinafter referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice-to-Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION If — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit F:\F1ub1icWorks\ENG1NEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selecdon\2013 documents\Master Agreement- Southeastern.doc 2 O Page 1 of 8 L requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above-ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services ContracMdmin\2013-2014 selection\2013 documentsWaster Agreement- Southeastem.doc '(J�^ 1 Page 2 of 8 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV—TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V— COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others— as defined in individual Work Orders. SECTION VI —ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Southeastem.doc ^ ^ Page 3 of 8 L L SECTION Vill — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX— RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X— OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the (W COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the F:\PublicWorksNENGINEERING DIVISION PROJECTS\13332013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Southeastem.doc 2 3 Page 4 of 8 L {J COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV— AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV— SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI —WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor (or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XI I — "Termination." This Agreement may be extended for two additional one year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. FAPublic Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin12013-2014 selection12013 documents\Master Agreement- Southeastem.doc 24 Page 5 of 8 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of$100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non-owned vehicles. COUNTY shall be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A-VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims-made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services ContradWdmin\2013-2014 selecdon\2013 documentsWaster Agreement- Southeastem.doc 25 Page 6 of 8 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX— SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI —.-CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this 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. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documentsWlaster Agreement- Southeastem.doc Page 7 of 8 26 IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2013. SOUTHEASTERN SURVEYING AND MAPPING CORPORATION INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY BY: Gary B. Krick, PSM Joseph E. Flescher, Chairman Title: President Board of County Commissioners Approved by the BCC: WITNESS: ATTEST: Jeffrey R. Smith Clerk of Court & Comptroller BY: NAME: Brian R. Garvey, PE BY: DEPUTY CLERK OF COURT SEPH A. BAIRD COUNTY ADMINIST TOR dIlyli- , 6 k) VV DYLAN REINGOLD COUNTY ATTORNEY • F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services ContradWdmin\2013-2014 selection\2013 documents\Master Agreement- Southeastem.doc ^ Page 8 of 8 1 Steven L.Anderson,Jr.,PSM,PLS James E. Mazurak,PSM Charles M.Arnett,PSM Thomas K. Mead,PSM,PLS Russell G. Daly,PSM;PLS Timothy O.Mosby,PSM Michael L. Dougherty, PSM � �� James L.Petersen,PSM Bruce C. Ducker, PSMCSQj]fIlie� _ William C. Rowe,PSM James M. Dunn, II, PSM �iirret Tony G.Syfrett,PSM,PLS Mark J.Efird, PSM John S.Thomas,PSM homas F.Ferguson,PSM 9 \ Rick J.Travis,PSM fate B.Flowers, PLS ' Catherine E.Galgano,GISP Robert W.Gardner, PSM Patrick J. Phillips,GISP Brian R.Garvey, PE Southeastern Surveying and Mapping Corporation Kirk R. Hall,EI Jennings E. Griffin, PSM Serving the Southeast Since 1972 Donna L.Canney,CST IV Daniel J. Henry,PSM,PLS Frank B. Henry,CST IV Gary B. Krick,PSM www.southeasternsurveying.com David M. Rentfrow,CST IV Brad J.Lashley, PSM,PLS info@southeasternsurveying.com Steve D.Smith,CST IV Myron F. Lucas, PSM Celeste B.van Gelder,CST IV Land Surveying&Mapping Services•Sub-Surface Utility Designation&Location Services•Geographic Information Systems•GPS Asset Inventories October 1, 2013 - September 30, 2014 Fee Schedule Surveying Services Personnel Typical Work Tasks Hourly Billing Rate Classification Professional Surveyor&Mapper Project Management,Project Surveyor,Quality $120.00 ControUQuality Assurance Reviews Expert Witness If required $230.00 Senior Technician Project Calculations,Preparation of Descriptions $85.00 CAD Technician Drafting of Projects,Preparation of Descriptions and Sketches $75.00 2 Man Crew Completes field data collection and inventory.Performs $115.00 reconnaissance activities for completion of survey related tasks. 3 Man Crew $135.00 4 Man Crew $165.00 Utility Services Personnel Typical Work Tasks Hourly Billing Rate Classification Utility Division Project Manager $115.00 Senior Utility Technician On site field team management for complex projects and $85.00 Project Management support. Utility 2 Man Crew Utility Designation, Location, Test Holes $185.00 Utility 3 Man Crew Utility Designation, Location, Test Holes $205.00 Vacuum Excavation/Per Hole Single Test Hole-Dirt $410.00 each Single Test Hole-Asphalt/Concrete $510.00 each Test Holes-Dirt(2-19) $350.00 each Test Holes-Concrete/Asphalt(2-19) $400.00 each Additional Test Holes-Dirt(20-49) $320.00 each Additional Test Holes-Asphalt/Concrete(20-49) $360.00 each Additional Test Holes-Dirt(50-99) $275.00 each Additional Test Holes-Asphalt/Concrete(50-99) $320.00 each 100 or more Test Holes-Dirt $245.00 each 100 or more Test Holes-Asphalt/Concrete $280.00 each GPR Bore Route $500.00 each 0500 All American Blvd 1130 Highway 90 Cypress Business Center 119 West Main Street 10 East Lake Street University Corporate Park Orlando,FL 32810 Chipley,FL 32428 8301 Cypress Plaza Tavares,FL 32778 Kissimmee,FL 34744 10770 North 461h Street 407.292.8580 850.638.0790 Drive,Suite 104 352.343.4880 407.944.4880 Suite C-300 407.292.0141 Fax 850.638.8069 Fax Jacksonville,FL 32256 352.343.4914 Fax 407.944.0424 Fax Tampa,FL 33617 904.737.5990 813.898.2711 904.737.5995 Fax 813.898.2712 Fax Licenses: PSM:Florida Professional Surveyor&Mapper•PLS:Alabama Professional Land Surveyor•PE:Professional Engineer ^ /� Certifications: El:Engineering Intern•GISP:Geographic Information Systems Professional• CST. Certified Survey Technician L l8 Page 2 Utility Coordination Services Senior Utility Coordinator $115.00/per hour Utility Coordinator $85.00/per hour CAD Technician $75.00/per hour Vacuum Excavation for Monitoring Wells, Soil Samples,etc.(pricing based on Environmental Services excavation up to 10 feet) 1 -9 Monitoring Wells/Soil Samples $250.00/each 10- 19 Monitoring Wells/Soil Samples $200.00/each 20-49 Monitoring Wells/Soil Samples $150.00/each UTILITY CLEARING Using GPR/Conventional Electronic Line Locators $115.00/per hour Exploratory Excavation Projects Larger excavation projects which require specialized $285:00/per hour equipment(shoring,de-watering,etc.)will be quoted on a task by task basis. Concrete Radar Concrete assessment/inspection,grid scans,density . Mapping/Imaging and debris assessment 1 Man Crew $115.00/per hour Closed Circuit Televising Services $115.00/per hour Maintenance of Traffic (MOT) If required MOT specialists will be contracted and cost for same will be passed on with a 10%mark-up for coordination of same. hr SSMC MOT Lane Closures Per Lane Closure $350.00/day Per Lane Closure $500.00/night Survey Services for Utility Projects Project Manager/PSM $115.00/per hour 2 Man Crew $115.00/per hour 3 Man Crew $145.00/per hour Clerical $50.00/per hour GIS Mapping Services Personnel Classification Professional Engineer Project Management,Quality Control/Quality Assurance $115.00/per hour Project Reviews GIS Analyst Database Design,Programming,Quality Control/Quality $85.00/per hour Assurance GIS Technician Data Entry,Date Editing $75.00/per hour 1 Man GPS Crew Field Asset Inventory(sub-meter) $65.00/per hour 2 Man GPS Crew Field Asset Inventory(sub-meter) $115.00/per hour If HAZWOPER CERTIFIED personnel are required there will be a 20% increase in the Hourly Rate. i Gary B. Krick, PSM/President Date: AGA Aerial Carfographics of America, Inc. Digital Mapping - LAMP - Helicopter LiDAR - Mobile LMAR - Digital Orthophotography - HD Video October 1, 2013 — September 30, 2014 Fee Schedule Project Control Classification Typical Work Task Hourly Billing Rate Project Manager Manages each Department Activities $143.00 Clerical Performs, prepares files, letters, shipping $ 41.80 Flight Crew Typical Work Task Hourly Billing Rate Pilot (Fixed Wing) Secures Aerial Sensor Data for $121.00 each project Pilot (Rotary wing) Secures Aerial Sensor Data for $ 99.00 each project Sensor Operator Operates Aerial Sensors in Aircraft $ 96.80 Orthophoto Production Typical Work Task Hourly Billing Rate FAAT Technician Performs Aerial Triangulation Activity $ 94.60 Imagery Analyst Performs Digital Imagery Production $ 85.80 Imagery Supervisor Supervise Imagery Production Activities $ 99.00 Photo Lab Technician Performs All Aerial Film Processes $ 66.00 QA/QC Manager Manages All QA/QC Activities for Project & $126.50 Prepares Meta Data QC/Edit Supervisor Supervises The Imagery Editors $ 99.00 QC/Editor Performs Image Adjustments for $ 85.80 Radiometric Continuity LiDAR/Photogrammetry Typical Work Task Hourly Billing Rate Production LiDAR-Scientist Sr. LiDAR Processing & Project Planning $115.50 LiDAR Processing Technician Performs Feature Extraction from LiDAR $ 94.60 Data Sets Stereoplotter Operator Performs Stereocompilation from the $115.50 Aerial Photography QA/QC Manager Manages all the QA/QC activities of the $126.50 LiDAR Photogrammetry staff QC/Edit Supervisor Supervises the CADD Editors $ 99.00 QC/Editor Performs All CADD Drafting Activities $ 94.50 Aircraft Typical Work Task Hourly Billing Rate ACA's Jet Turbin208 Aircraft Used to Acquire Sensor Data $580.00 w/ABGPS ACA's Single Engine Piston Aircraft Used to Acquire Sensor Data $390.00 w/ABGPS 423 SOUTH KELLER RD.,SUITE 300,ORLANDO,FLORIDA 32810 P:407.8517880 P:407855-8250 mm.aca-net= 30 Sensor/Cameras Typical Work Task Hourly Billing Rate ACA's Vexcel UCX Digital Camera Large Format Digital Camera $ 500.00 ACA's Riegl Q680i LiDAR Sensor UDAR Sensor $1,000.00 ACA's RC-30 aerial film camera Aerial Film Camera $ 90.00 Steve Kuda/Senior Vice President Date: September 12, 2013 • 423 SOUTH KELLER RD.,SUITE 300,ORLANDO,FLORIDA 32810 P:407-851-7880 P:40i-855-8250 www.amnei= 31 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT • PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES - IRC PROJECT NO. 1333 THIS AGREEMENT, entered into this day of , 2013, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and KIMLEY-HORN AND ASSOCIATES, INC., hereinafter referred to as the "SURVEYOR". N WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice-to-Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the t COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Kimley.doc Page 1 of 8 31 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES R The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above-ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. • f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services ContractlAdmin\2013-2014 selection\2013 documentsWaster Agreement- IGmley.doc 3 3 Page 2of8 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV—TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V— COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI —ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documentsWaster Agreement- tGmley.doc A Page 3 of 8JJ SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X— OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the (W COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contfad\Adminl2013-2014 Bele ton\2013 documents\Master Agreement- Kimley.doc 35 Page 4 of 8 COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV—AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV— SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI —WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor(or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Termination." This Agreement may be extended for two additional one year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\AdmW2013-2014 selection\2013 documents\Master Agreement- Kimley.doc 3 6 Page 5of8 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non-owned vehicles. COUNTY shall be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A-VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims-made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Kmley.doc Page 6 of 8 37 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX— SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI — CHOICE OF LAW AND VENUE IMP This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this 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. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services ContractWdmin\2013-2014 selection\2013 documents\Master Agreement- Kimley.doc Page 7 of 8 38 IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2013. KIMLEY-HQ-kN- �4ASSOCIATES, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS B BY: Joseph E. Flescher, Chairman Title: Board of County Commissioners Approved by the BCC: WITNESS: ATTEST: Jeffrey R. Smith BY: Clerk of Court & Comptroller � NAME: CANS Qw-to > BY: DEPUTY CLERK OF COURT Dn JOSEPH A. BAIRD COUNTY ADMINISTRATOR '-\ - ice DYLAN REINGOLD COUNTY ATTORNEY F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documentsWaster Agreement- Kimley.doc Page 8 of 8 39 EXHIBIT `A' Annual Surveying and Mapping Services—IRC Contract No 1333 FEE SCHEDULE October 1,2013 through September 30,2014 HOURLY RATES BY EMPLOYEE CLASSIFICATION: CLASSIFICATION RATE Professional Surveyor and Mapper (PSM) $135.00 Project Surveyor $120.00 Survey technician/CADD technician $80.00 Geodetic Processing Technician $100.00 40 GIS Specialist $120.00 GIS analyst/Technician $85.00 Administrative, Research, Clerical $40.00 Three-Man Field Crew $135.00 Two-Man Field Crew $120.00 GIS Data Collection- one person $80.00 Authorized Reimbursable Expenses Blueprints (24"X 36") $2.00/sheet Concrete Monuments $15.00 Global Positioning System (GPS) $10 per unit per hour *All other expenses relevant to project. Consultant's Signature and Position Date � 13 40 le Fa ROODS & ASSOCIATESq INC. Ag PHOTOGRAMMETRY Annual Surveying and Mapping Services-IRC Contract No 1333 Fee Schedule October 1, 2013 through September 30, 2014 001Aerial flight-fixed wing Hour $ 600.00 002Aerial flight-helicopter Hour $ 11500.00 003Film Processing-B&W 0-50 Each $ 12.00 004Film Processing-B&W 51-70 Each $ 11.00 005Film Processing-B&W 71-100 Each $ 10.00 006Film Processingt-B&W 101-125 Each $ 9.00 007Film Processing-B&W 126-150 Each $ 8.00 008Film Processingt-B&W 151-200 Each $ 7.00 009Film Processing-color 0-50 Each $ 17.00 010Film Processingt-color 51-70 Each $ 15.00 011 Film Processing-color 71-100 Each $ 14.00 012Film Processing-color 101-125 Each $ 13.00 013Film Processing-color 126-150 Each $ 12.00 014Film Processing-color 151-200 Each $ 10.00 015Film Processing-CIR 0-50 Each $ 17.00 016Film Processing-CIR 51-70 Each $ 15.00 017Film Processing-CIR 71-100 Each $ 14.00 018Film Processing-CIR 101-125 Each $ 13.00 019Film Processing-CIR 126-150 Each $ 12.00 020Film Processing-CIR 151-200 Each $ 10.00 021 Contact Print-B&W additional Each $ 12.00 022Contact print-B&W 2 or more Each $ 9.00 023Contact print-color additional Each $ 17.00 024Contact print-color 2 or more Each $ 11.00 025Contact print-CIR additional Each $ 17.00 026Contact print-CIR 2 or more Each $ 12.00 027Mapping Dense Urban 2D 100 ft width Mile $ 1,398.00 028Mapping Dense Urban 2D 200 ft width Mile $ 2,162.00 029Mapping Dense Urban 2D 300 ft width Mile $ 2,797.00 030Mapping Dense Urban 2D 400 ft width Mile $ 3,077.00 031 Mapping Dense Urban 2D 500 ft width Mile $ 3,687.00 032Mapping Dense Urban 2D 600 ft width Mile $ 4,476.00 033Mapping Dense Urban 2D add. 10'width Mile $ 71.00 034Mapping Moderate Urban 2D 100 ft width Mile $ 1,131.00 035Mapping Moderate Urban 2D 200 ft width Mile $ 1,621.00 036Mapping Moderate Urban 2D 300 ft width Mile $ 2,269.00 037Mapping Moderate Urban 2D 400 ft width Mile $ 2,480.00 038Mapping Moderate Urban 2D 500 ft width Mile $ 3,051.00 039Mapping Moderate Urban 2D 600 ft width Mile $ 3,527.00 040Mapping Moderate Urban 2D add. 10'width Mile $ 44.00 041 Mapping Suburban 2D 100 ft width Mile $ 823.00 042Mapping Suburban 2D 200 ft width Mile $ 1,314.00 043Mapping Suburban 2D 300 ft width Mile $ 1,865.00 044Mapping Suburban 2D 400 ft width Mile $ 2,117.00 045Mapping Suburban 2D 500 ft width Mile $ 2,575.00 046Mapping Suburban 2D 600 ft width Mile $ 2,862.00 047Mapping Suburban 2D add. 10'width Mile $ 42.00 048Mapping Rural 2D 100 ft width Mile $ 686.00 049Mapping Rural 2D 200 ft width Mile $ 1,188.00 050Mapping Rural 2D 300 ft width Mile $ 1,739.00 051 Mapping Rural 2D 400 ft width Mile $ 2,003.00 106 N.W. DRANE STREET • PLANT CITY, FLORIDA 33563 PHONE: (813) 752-2113 • TOLL FREE: (800)495-3240 • FAX: (813) 752-3102 Page 1 of 4 41 052Mapping Rural 2D 500 ft width Mile $ 2,429.00 053Mapping Rural 2D 600 ft width Mile $ 2,669.00 054Mapping Rural 2D additional 10'width Mile $ 38.00 055Mapping Dense Urban 3D 100 ft width Mile $ 3,857.00 056Mapping Dense Urban 3D 200 ft width Mile $ 4,850.00 057Mapping Dense Urban 3D 300 ft width Mile $ 5,050.00 058Mapping Dense Urban 3D 400 ft width Mile $ 5,250.00 059Mapping Dense Urban 3D 500 ft width Mile $ 6,050.00 060Mapping Dense Urban 3D 600 ft width Mile $ 8,550.00 061 Mapping Dense Urban 3D add. 10'width Mile $ 101.50 062Mapping Moderate Urban 3D 1 O width Mile $ 3,603.00 063Mapping Moderate Urban 3D 200ft width Mile $ 4,364.50 064Mapping Moderate Urban 3D 300ft width Mile $ 4,550.00 065Mapping Moderate Urban 3D 400ft width Mile $ 4,750.00 066Mapping Moderate Urban 3D 500ft width Mile $ 5,550.00 067Mapping Moderate Urban 3D 600ft width Mile $ 7,409.50 068Mapping Moderate Urban 3D add. 10'width Mile $ 76.00 069Mapping Suburban 3D 1 O width Mile $ 2,436.00 070Mapping Suburban 3D 200ft width Mile $ 3,045.00 071 Mapping Suburban 3D 300ft width Mile $ 3,250.00 072Mapping Suburban 3D 400ft width Mile $ 3,450.00 073Mapping Suburban 3D 500ft width Mile $ 4,050.00 074Mapping Suburban 3D 600ft width Mile $ 4,550.00 075Mapping Suburban 3D additional 10'width Mile $ 61.00 076Mapping Rural 3D 100 ft width Mile $ 1,319.50 077Mapping Rural 3D 200 ft width Mile $ 1,928.50 078Mapping Rural 3D 300 ft width Mile $ 2,150.00 079Mapping Rural 3D 400 ft width Mile $ 2,350.00 080Mapping Rural 3D 500 ft width Mile $ 2,850.00 081 Mapping Rural 3D 600 ft width Mile $ 3,250.00 082Mapping Rural 3D additional 10'width Mile $ 61.00 083Mapping Dense Urban 3D LAMP 1 00f width Mile $ 7,409.50 084Mapping Dense Urban 3D LAMP 200ft width Mile $ 8,350.00 085Mapping Dense Urban 3D LAMP 300ft width Mile $ 8,650.00 086Mapping Dense Urban 3D LAMP add 10'width Mile $ 101.50 087Mapping Moderate Urban 3D LAMP 1 O width Mile $ 7,460.00 088Mapping Moderate Urban 3D LAMP 200ft width Mile $ 8,150.00 089Mapping Moderate Urban 3D LAMP 300ft width Mile $ 8,350.00 090Mapping Moderate Urban 3DLAMP add 10'width Mile $ 76.00 091 Mapping Suburban 3D LAMP 100 ft width Mile $ 7,206.50 092Mapping Suburban 3D LAMP 200 ft width Mile $ 7,750.00 093Mapping Suburban 3D LAMP 300 ft width Mile $ 7,950.00 094Mapping Suburban 3D LAMP add 10'width Mile $ 61.00 095Mapping Rural 3D LAMP 100 ft width Mile $ 6,699.00 096Mapping Rural 3D LAMP 200 ft width Mile $ 7,250.00 097Mapping Rural 3D LAMP 300 ft width Mile $ 7,450.00 098Mapping Rural 3D LAMP additional 10'width Mile $ 61.00 099CAD Dense Urban 2D 100 ft width Mile $ 513.00 100CAD Dense Urban 2D 200 ft width Mile $ 770.00 101 CAD Dense Urban 2D 300 ft width Mile $ 1,027.00 102CAD Dense Urban 2D 400 ft width Mile $ 1,156.00 103CAD Dense Urban 2D 500 ft width Mile $ 1,477.00 104CAD Dense Urban 2D 600 ft width Mile $ 2,227.00 105CAD Dense Urban 2D additional 10'width Mile $ 30.00 106CAD Moderate Urban 2D 100 ft width Mile $ 411.00 Page 2 of 4 42 107CAD Moderate Urban 2D 200 ft width Mile $ 647.00 108CAD Moderate Urban 2D 300 ft width Mile $ 889.00 109CAD Moderate Urban 2D 400 ft width Mile $ 991.00 110CAD Moderate Urban 2D 500 ft width Mile $ 1,220.00 111 CAD Moderate Urban 2D 600 ft width Mile $ 2,227.00 1125CAD Moderate Urban 2D additional 10'width Mile $ 24.00 113CAD Suburban 2D 100 ft width Mile $ 329.00 114CAD Suburban 2D 200 ft width Mile $ 526.00 115CAD Suburban 2D 300 ft width Mile $ 743.00 116CAD Suburban 2D 400 ft width Mile $ 846.00 117CAD Suburban 2D 500 ft width Mile $ 1,029.00 118CAD Suburban 2D 600 ft width Mile $ 1,145.00 119CAD Suburban 2D additional 10'width Mile $ 20.00 120CAD Rural 2D 100 ft width Mile $ 273.00 121 CAD Rural 2D 200 ft width Mile $ 476.00 122CAD Rural 2D 300 ft width Mile $ 691.00 123CAD Rural 2D 400 ft width Mile $ 800.00 124CAD Rural 2D 500 ft width Mile $ 973.00 125CAD Rural 2D 600 ft width Mile $ 1,068.00 126CAD Rural 2D additional 10'width Mile $ 16.00 127CAD Dense Urban 3D 100 ft width Mile $ 1,471.50 128CAD Dense Urban 3D 200 ft width Mile $ 1,725.50 129CAD Dense Urban 3D 300 ft width Mile $ 1,979.00 130CAD Dense Urban 3D 400 ft width Mile $ 2,233.00 131 CAD Dense Urban 3D 500 ft width Mile $ 2,486.50 132CAD Dense Urban 3D 600 ft width Mile $ 2,740.50 133CAD Dense Urban 3D additional 10'width Mile $ 25.38 134CAD Moderate Urban 3D 100 ft width Mile $ 1,050.00 135CAD Moderate Urban 3D 200 ft width Mile $ 1,150.00 136CAD Moderate Urban 3D 300 ft width Mile $ 1,350.00 137CAD Moderate Urban 3D 400 ft width Mile $ 1,550.00 138CAD Moderate Urban 3D 500 ft width Mile $ 2,177.00 139CAD Moderate Urban 3D 600 ft width Mile $ 2,370.00 140CAD Moderate Urban 3D additional 10'width Mile $ 19.25 141 CAD Suburban 3D 100 ft width Mile $ 725.00 142CAD Suburban 3D 200 ft width Mile $ 925.00 143CAD Suburban 3D 300 ft width Mile $ 1,125.00 144CAD Suburban 3D 400 ft width Mile $ 1,325.00 145CAD Suburban 3D 500 ft width Mile $ 1,725.50 146CAD Suburban 3D 600 ft width Mile $ 1,877.50 147CAD Suburban 3D additional 10'width Mile $ 15.25 148CAD Rural 3D 100 ft width Mile $ 525.00 149CAD Rural 3D 200 ft width Mile $ 539.50 150CAD Rural 3D 300 ft width Mile $ 925.00 151 CAD Rural 3D 400 ft width Mile $ 1,125.00 152CAD Rural 3D 500 ft width Mile $ 1,446.00 153CAD Rural 3D 600 ft width Mile $ 1,598.50 154CAD Rural 3D additional 10'width Mile $ 15.23 155CAD Dense Urban 3D LAMP 100 ft width Mile $ 2,359.50 156CAD Dense Urban 3D LAMP 200 ft width Mile $ 2,613.50 157CAD Dense Urban 3D LAMP 300 ft width Mile $ 2,880.00 • 158CAD Dense Urban 3D LAMP additional 10'width Mile $ 25.38 159CAD Moderate Urban 3D LAMP 100 ft width Mile $ 2,370.00 160CAD Moderate Urban 3D LAMP 200 ft width Mile $ 2,562.50 161 CAD Moderate Urban 3D LAMP 300 ft width Mile $ 2,635.00 Page 3 of 4 43 162CAD Moderate Urban 3D LAMP add 10'width Mile $ 19.25 163CAD Suburban 3D LAMP 100 ft width Mile $ 2,309.00 164CAD Suburban 3D LAMP 200 ft width Mile $ 2,461.00 165CAD Suburban 3D LAMP 300 ft width Mile $ 2,613.50 166CAD Suburban 3D LAMP additional 10'width Mile $ 15.25 167CAD Rural 3D LAMP 100 ft width Mile $ 2,182.00 168CAD Rural 3D LAMP 200 ft width Mile $ 2,334.50 169CAD Rural 3D LAMP 300 ft width Mile $ 2,486.50 170CAD Rural 3D LAMP additional 10'width Mile $ 15.23 171Analytical Triangulation Each $ 68.00 1721ntermediate delivery of digital files Each $ 100.00 173Misc. mapping services (CAD) Hour $ 54.00 174B/VV film diapositives from original aerial film Each $ 12.00 175Color film diapositives from original aerial film Each $ 17.00 176Aerial Ph. Scan,computer rectification&geocoding Unit $ 347.00 177Merg.Vector(DGN Files)w/recitifed Dig.Aerial Imag. Unit $ 57.00 178Raster(image)plot file Unit $ 62.00 179Compact Disk Unit $ 9.00 180DVD Unit $ 12.00 181 Mos. Dig.Aerial imag. Into 1 cont. (TIFF)file VV/Color Unit $ 102.00 182Photogrammetric Field Review(PSM) Hour $ 75.00 1 do hereby certify that the above fees are the current I. F. Rooks &Associates, Inc.'s fees for Photogrammetric Mapping services whether performed for private or governmental clients. 9/5/2013 Date Isa o ,1r. Pre 'dent A Page 4 of 4 44 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES O MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES - IRC PROJECT NO. 1333 THIS AGREEMENT, entered into this day of 2013 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and MORGAN & EKLUND, INC., hereinafter R referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying Opal and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice-to-Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. ® C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit C:Tocuments and Settings\sharon.MORGANEKLUND\Local Settings\Temporary Internet Fi1es\0LK3E\Master Agreement-Morgan.doc Page 1 of 8 45 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above-ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the F:\PubIicWcrks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Hdmin\2013-2014 selection\2013 documents\Master Agreement- Morgan.doc Page 2 of 8 46 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV—TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V— COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders SECTION VI —ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. F:\Public Works\ENGINEERING DIVISION PROJECTS11333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Morgan.doc Page 3 of 8 47 SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X— OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Morgan.doc Page 4 of 8 4p O COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV—AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV— SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI —WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor(or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Termination." This Agreement may be extended for two additional one year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documentsWaster Agreement- Morgan.doc Page 5 of 8 49 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of$100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non-owned vehicles. COUNTY shall be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A-VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims-made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each F:\PubJicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin12O13-2014 selecUon\2013 documents\Master Agreement- Morgan.doc Page 6of8 50 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX — SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other parry 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. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. • F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Morgan.doc 51 Page 7 of 8 IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2013. MORGAN & EKLUND, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: / v� BY- Joseph Joseph E. Flescher, Chairman Title: JeJ Board of County Commissioners Approved by the BCC: WITNESS: ATTEST: - Jeffrey R. Smith BY:4� Clerk of Court & Comptroller NAME: G"i��2�S �`������, BY: DEPUTY CLERK OF COURT OSEPH A. BAIRD COUNTY ADMINISTRATOR yh11-4 - i- V- e DYLAN EI GOLD COUNTY ATTORNEY C:\Documents and Settingslsharon.MORGANEKLUND\Local SettmgstTemporary Internet Res\OLK3EWasterAgreement-Morgan.doc Page 8 of 8 52 i MORGAN & EKLUND INC. PROFESSIONAL SURVEY CONSULTANTS Morgan & Eklund, Inc. Exhibit "A" Fee Schedule October 1, 2013 to September 30, 2014 Office• Chief Surve or/P -- -_ y. . SM,PLS $120/hr. oiect Surveyor/Mana. er/PSM PLS ___ . . ._ $95/hr. _. field Operations Supervisor : $75/hr. Senior Survey Computer Technician(CAD/Processing) $75/hr. Survey Technician(CAD/Processing) - detic Processing -- - $85/hr. Adminisbubve Assistant(Research—Clerical) $40/hr. Field: Supervisor $50/hr. Three Man Survey Crew __ $125/hr. Two Man Survey Crew Three Man GPS Crew �RTK/GPS� --_—._-._ _ i $165/hr. Two Man GPS Crew (RTK/GPS) $135/hr. GIS Data Collection GPS with Data Collector) $130/hr. __...__._...._......._ _._.... _.. . --�---- Specialized Equipment: 26' Parker Survey Boat $450/day _ ... eica NA 3003 Digital Level $55Mq Additional GPS Receivers -- $200_er receiver per day Trimble DGPS - - _ - ----- $300/day Digital Fathometer - ' $85/day_ Motion Compensator $200/da -Hypack Nava at q! Software&Computer _-- Submersible TideGauge -— ---�! $50/da Polaris 6 WD Beach Vehicle $75 t 8745 U.S.HIGHWAY 1,P.O.BOX 701420,WABASSO,FL 32970-1420•PHONE:(772)388-5364•FAX: -3165•imorgan@morganeklund.com 1500 S.E.COURT,SUITE 110,DEERFIELD BEACH,FL 33441 •PHONE:(954)421-6882•FAX:(954)421-0451 0 Pvoute@morganeklund.com 53 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT • PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES - IRC PROJECT NO. 1333 THIS AGREEMENT, entered into this day of 2013, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and CARTER ASSOCIATES, INC., hereinafter referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice-to-Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the ® COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit CADocuments and Settings\sybilwlocal Settings7emporary Internet Files101-K67Waster Agreement-Carter.doc 5 4 Page 1 of 8 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above-ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the C:\Documents and Settings%sybilw\Local Settings\Temporary Internet HeMOLK67Waster Agreement-Carter.doc 5 5 Page 2 of 8 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items ® furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV— TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V— COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. r B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI —ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. C:Oocuments and Settingslsybilw1ocal Settings\Temporary Internet Files10LK67\Master Agreement-Carter.doc Page 3 of 8 56 SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX— RIGHT OF DECISIONS r All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and r the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X— OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES R Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the COUNTY to the SURVEYOR, shall be considered delivered when posted by certified C:\Documents and Settings\sybilwlocal Settings\Temporary Internet Files\01-1<67\1Naster Agreement-Carter.doc Page 4 of 8 57 mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV — AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV— SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each t separate specialty of the work to be inserted on the reports or other data. SECTION XVI —WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor (or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Termination." This Agreement may be extended for two additional one year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR F shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. C:1Documents and Settings\sybilMI-oval Settingffemporary Internet Files\OLK67\Master Agreement-Carter.doc Page 5 of 8 58 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of$100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non-owned vehicles. COUNTY shall be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. ® This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A-VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims-made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. C.0ocuments and Settings\sybilw\Local Settings\Temporary Internet Files\OLK67\Master Agreement-Carter.doc Page 6 of 8 59 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX— SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this 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. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. C:\Documents and Settings\sybiWl-oval Settings\Temporary Internet Files\01-K67Waster Agreement-Carter.doc 6 O Page 7 of 8 V„ IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2013. CARTER ASSOCIATES, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS B I BY: Joseph E. Flescher, Chairman Title: VICE Board of County Commissioners Approved by the BCC: WITNESS: ATTEST: Jeffrey R. Smith -� Clerk of Court & Comptroller NAME: b t7 . l l� 1 ISL�R S v BY: DEPUTY CLERK OF COURT v OSEPH A. BAIRD COUNTY ADMINISTRATOR djl"� - DI) DYLAN EINGOLD { COUNTY ATTORNEY C:\Documents and Settings\sybilw\Local Settings\Temporary Internet Files\OLK67Master Agreement-Carter.doc 61 Page 8 of 8 "EXHIBIT A" INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING CONTRACT 1333 —OCTOBER 1, 2013 — SEPTEMBER 30, 2014 FEE SCHEDULE OFFICE: Surveyor I (Director/ P.S.M.) $140.00 Surveyor II (Project Manager/ P.S.M.) $125.00 CADD Technician I (Senior Survey Technician) $ 80.00 CADD Technician II (Gadd/Processing) $ 70.00 Geodetic Processing $140.00 GIS Technician /Analyst $105.00 Word Processing (Administrative Assistant (Research - Clerical) $ 40.00 FIELD: 3-Man Survey Crew $130.00 2-Man Survey Crew $120.00 SPECIALIZED EQUIPMENT: 12' Airboat $1,000/Day All Terrain Vehicle (ATV) $300/Day Swamp Buggy $800/Day ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00 Ea. Mylar $7.00 Ea. Photocopies: 8.5" x 11" $0.15/Ea. 8.5" x 14" $0.25/Ea. 11" x 17" $0.35/Ea. Concrete Monuments $15.00/Ea. Rebar $ 2.50/Ea. Laths $ 0.75/Ea. Su.b-�sulta ----�.� Cost + 10% David E. Luetlje, Vice-President Date _ Savin Florida Su7cc 1911 62 PICKETT 4Q,-4 SURVEYING & PHOTOGRAMMETRY INDIAN RIVER COUNTY: CONTRACT TERM (OCT. 1, 2013—SEPT. 30,2014). SUB-CONSULTANT HOURLY RATE SCHEDULE CATEGORY HOURLY RATE Senior Surveyor/Mapper $135.00 Professional Surveyor/Mapper $120.00 Survey Technician $70.00 GIS Technician $70.00 Lidar Analyst $75.00 Photogramme Compiler $75.00 Photograrnmetry CAD Editor $60.00 Aircraft crew(pilot&sensor operator) $120.00 Survey Crew 4 Man with Equipment&Vehicle) $190.00 Survey Crew(3 Man with Equipment&Vehicle) $150.00 Survey Crew(2 Man with Equipment&Vehicle) $115.00 Survey Crew(1 Man with Equipment&Vehicle) $100.00 Clerical $50.00 SPECIALIZED EQUIPMENT DAILY OR HOURLY RATES Airboat $500.00 per da 4 Wheel Drive ATV/Jeep/Buggy $300.00 er da Single Beam Hydrographic Sounder&Computer $300.00 per da Multi Beam Hydrographic Sounder&Computer $1,000.00 per da Boat&Motor $400.00 per da RTK/RTN GPS 1 rover $50.00 per hour Static GPS(per unit $25.00 per hour GPS Pro XR GPS $25.00 per hour Aircraft&Sensor $1,500.00 er hour PICKETT&ASSOCIATES,INC. September 9`h,2013 -� _Jf S�&j T.Jeffrey Young,PSM, CP Vice President,Director of Photogrammetry 0 Pickett&Associates, Inc. • 475 South First Avenue • Bartow, FL 33830 • 863-533-9095 63 GROUND HOUND DETECTION SERVICES, IN?? A Professional Utility Locating Service September 9,2013 Mr.David E.Luethje,PSM Carter Associates,Inc. 1708 21st Street Vero Beach,FL 32960 (772)562-4191 (772)473-9439 DavidL@carterassoc.com Re: Indian River County Professional Surveying and Mapping Services Fees Contract Term October 1,2013—September 30,2014 Mr.Luethje: Ground Hound Detection Services,Inc. is pleased to provide the following summary and outline of services and fees. Using a variety of techniques,Ground Hound can provide the following: Electromagnetic Induction Method (EM) Electromagnetic induction is a method in which a transmitter signal is applied by directly coupling to a target. As long as the target is metallic,a receiver is used to detect the transmitted signal. Passive detection is another technique used to locate naturally occurring magnetic fields that exist on power cables generating a 50/60 Hz signal. Additionally, passive VLF signals can be detected on other metallic utilities that are typically long in length and are well grounded electrically. , Ground Penetrating Radar(GPR) GPR method is used in identifying both metallic and non-metallic utilities/structures that are unidentifiable using traditional electromagnetic methods. GPR is also a highly effective technique for locating sub-surface structures such as Underground Storage Tanks (UST's). EM,GPR Investigation Half Day $900.00 EM,GPR Investigation Full Day $1,700.00 Mobilization to Indian River County 2 hours Q$75/hr $150 per day 2930 NW Commerce Park Dr.,Suite 1 8810 Commodity Circle,Unit 23 5570 Florida Mining Blvd.S.Suite 405 Boynton Beach,FL 33426 Orlando,FL 32819 Jacksonville,FL 32257 561-737-9800 t 561-737-1742 f 407-658-1030 t 407-658-1380 f 904-854-9700 t 904-854-9701 f 66 Page 2 Mr.David E.Luethje September 9,2013 Vacuum Excavation* This is a non-destructive method used to safely expose utilities by using a combination of compressed and vacuum air. Once the utility has been exposed, vertical elevation, diameter and material type can be obtained. The vacuum method is also used as a"utility clearance"tool prior to borehole excavation. $275/Soft Surface Excavation $375/Hard Surface Excavation (includes 10"x10"Cold Patch Asphalt Restoration) Daily rate services from$1,950/day(includes mobilization) *There is a four excavation minimum for vacuum excavation services. Any required MOT or Permit Fees are additional. Daily rate services are available using a combination of any of the listed services starting at: $1,900/day(includes mobilization) Costs are subject to change upon unforeseen conditions and/or actual time necessary to complete any individual project. Any changes will be negotiated accordingly. h Mr.Luethje,please feel free to contact us should you have any questions or require additional information. Sincere Sean Halsey,South Florida Director Ground Hound Detection Services,Inc. 2930 NW Commerce Park Dr.,Suite 1 8810 Commodity Circle,Unit 23 5570 Florida Mining Blvd.S.Suite 405 Boynton Beach,FL 33426 Orlando,FL 32819 Jacksonville,FL 32257 561-737-9800 t 561-737-1742 f 407-658-1030 t 407-658-1380 f 904-854-9700 t 904-854-9701 f 67 i 67 1809 East Broadway Street Riverside Landings Suite 336 Oviedo,FL 32765 (407)366-1683 reese@ecginc.org SCHEDULE OF FEES CONTRACT TERM OCTOBER 1, 2013—SEPTEMBER 30, 2014 Senior Ecologist $135.00 per hour Ecologist 95.00 per hour Biologist 85.00 per hour Field Technician 65.00 per hour Secretarial/Administrative staff 60.00 per hour Auto Mileage 4-wheel drive .60 per mile Global Positioning System 100.00 per day All Terrain Vehicle 100.00 per day Miscellaneous Equipment (gopher tortoise burrow camera, etc.) 50.00 per day Reese H. Kessler, Jr., PWS, President September 9, 2013 68 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES - IRC PROJECT NO. 1333 THIS AGREEMENT, entered into this day of , 2013, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and MASTELLER, MOLER, REED & TAYLOR, INC., hereinafter referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice-to-Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit F:\F1ublicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services ContracMdmin\2013-2014 selection\2013 documents\Master Agreement- Masteller.doc Page 1 of 8 69 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon ® public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. O3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR.shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above-ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services ContradVAdmin\2013-2014 selection\2013 documents\Master Agreement- Mastellecdoc �O Page 2 of 8 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV—TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V— COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI —ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. R:Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Masieller.doc Page 3 of 8 71 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of$100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non-owned vehicles. COUNTY shall be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by ® SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A-VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims-made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Masteller.doc Page 6 of 8 74 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attomeys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX— SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. 4 SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this 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. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Masteller.doc 7 5 Page 7 of 8 SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X— OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Masteller.doc Page 4 of 8 /7 2 COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII —TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV—AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV— SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI —WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor(or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Termination." This Agreement may be extended for two additional one year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement- Masteller.doc Page 5 of 8 /'] 3 IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2013. MASTELLER, MOILER, REED & TAYLOR, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: BY: Joseph E. Flescher, Chairman Title: e& Board of County Commissioners Approved by the BCC: WITNESS: ATTEST: Jeffrey R. Smith Clerk of Court & Comptroller 'acko�� BY: NAME: f1f i Iia fE BY: DEPUTY CLERK OF COURT OSEPH A. BAIRD COUNTY ADMINISTRATOR "-w' .a zdj DYLAN REl OLD COUNTY ATTORNEY 4 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documentsWasterAgreement- MastellerAm 76 Page 8of8 w. MASTELLER, MOLER, REED & TAYLOR, INC. n PROFESSIONAL SURVEYORS& MAPPERS Exhibit "A" Fee Schedule Professional Surveying and Mapping /GIS Services Indian River County Project#1333, Renewal Dates - October 1St, 2013 to September 30t`', 2014 OFFICE: Project Manager/P.S.M.: $120.00 Survey Technician (Cadd/Processing): $ 75.00 Administrative Assistant(Research-Clerical): $ 40.00 FIELD: Field Supervisor: $ 90.00 2-man survey crew: $115.00 3-man survey crew: $130.00 GIS Data Collection (RTK survey accuracy): $110.00 SPECIALIZED EQUIPMENT : Hydrographic Vessel: $ 20.00 Digital Level: $ 35.00 Additional GPS Unit: $ 15.00 All Terrain Vehicles: $ 10.00 ANTICIPATED REIMBURSABLE EXPENSES: Printing Reproduction: $0.30/sq.ft. Concrete Monuments $15.00 Consultant's Signature and Title: ,President Date:—, ate: ! 2 David M. Taylor ® El 1655 27`"Street, Suite#2 Vero Beach, Florida 32960 Ph(772)564-8050 Fax(772)794-0647 77 &0'jW%0q,6 1PICKETT SURVEYING & PHOTOGRAMMETRY INDIAN RIVER COUNTY: CONTRACT TERM (OCT. 1, 2013—SEPT. 30, 2014). SUB-CONSULTANT HOURLY RATE SCHEDULE CATEGORY HOURLY RATE Senior Surveyor/Mapper $135.00 Professional Surveyor/Mapper $120.00 Survey Technician $70.00 GIS Technician $70.00 Lidar Analyst $75.00 Photograrnmetry Compiler $75.00 Photogrammetry CAD Editor $60.00 Aircraft crew(pilot&sensor operator) $120.00 Survey Crew 4 Man with Equipment&Vehicle $190.00 Survey Crew(3 Man with Equipment&Vehicle) $150.00 Survey Crew 2 Man with Equipment&Vehicle $115.00 Survey Crew 1 Man with Equipment&Vehicle $100.00 Clerical $50.00 SPECIALIZED EQUIPMENT. DAILY OR HOURLY RATES` Airboat $500.00 per da 4 Wheel Drive ATV/Jeep/Buggy ATV/Jeep/Buggy $300.00 per da Single Beam Hydrographic Sounder& Computer $300.00 per da Multi Beam Hydrographic Sounder&Computer $1,000.00 per da Boat&Motor $400.00 per da RTK/RTN GPS 1 rover $50.00 per hour Static GPS(per unit $25.00 per our GPS Pro XR DGPS $25.00 per hour Aircraft& Sensor $1,500.00 per hour PICKETT&ASSOCIATES,INC. September 9th,2013 T.Jeffrey Young,PSM, CP Vice President,Director of Photogrammetry 0 Pickett&Associates. Inc. • 475 South First Avenue a Bartow, FL 33830 • 863-533-9095 78 CONSENT AGENDA INDIAN RIVER COUNTY ' DEPARTMENT OF GENERAL SERVICES PARKS DIVISION 1%W DATE: August 14,2013 TO: The Honorable Board of County Commissioners THRU: Joseph A. Baird,County Administrator FROM: Michael Zito,Assistant County Administrator General Services/Parks Division SUBJECT: Renewal of Agreement with Indian River County Fair Association for Use of County Fairgrounds BACKGROUND: Since 1986, the Indian River County Fair Association, Inc. has contracted with Indian River County for use of the County Fairgrounds to host the annual Firefighters Fair. The Fair and the Fair Association are organized under Florida Statutes, Chapter 616. The present agreement is about to expire. County staff has worked with representatives of the Fair Board and the parties have mutually agreed to submit an updated agreement to the Board of County Commission for approval. The term of the proposed agreement would run from November 1, 2013 through October 31, 2016. The Agreement has been prepared and reviewed by the attorneys for the County and the Association. The updated Agreement contains substantially the same material terms as the prior agreement. Essentially, the Fair Association will pay the County one-third of �- the net profits from the event in exchange for the exclusive use of the fairgrounds facility during the fair. The balance of the net profits go to support the Indian River County Burn Fund, local high school scholarships, fairground improvements and various other charitable organizations. FUNDING: Funding is accepted for and identified by separate General Fund Account#001038-369960. The county uses these funds to make improvements to the Fairgrounds. RECOMMENDATION: Staff recommends the Board of County Commission approve the attached Agreement and authorize the Chairman to sign. Attachments: Agreement for Use of Indian River County Fairgrounds Indian River Co App ved Date APPROVED AGENDA ITE*Administrator Admin Leggy BY. Budget Cj Joseph A.Baird, Coun 411- Department j • FOR: OCTOBER 1,2013 Risk Manager 79 RENEWAL OF AGREEMENT FOR USE OF INDIAN RIVER COUNTY FAIRGROUNDS THIS RENEWAL AGREEMENT is made and entered into this day of 2013, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and the INDIAN RIVER COUNTY FAIR ASSOCIATION, INC., a Florida not-for-profit corporation, organized pursuant to Chapter 616, Florida Statutes, 1818 Commerce Avenue, Vero Beach, FL 32960 ("Association"). WHEREAS, on October 5, 2010, the County and the Association entered into that certain Agreement for Use of Indian River County Fairgrounds (the "Agreement"), pursuant to which the Association has conducted a public fair and exposition at the Indian River County Fairgrounds in calendar years 2011, 2012 and 2103; and WHEREAS, the Agreement, existing for a limited term of three years, will expire on October 31, 2013, if not renewed by the parties; and WHEREAS, recognizing that the Agreement has served the parties and the residents of Indian River County well during its three year term, the parties desire to renew the Agreement for an additional three year term commencing November 1, 2013, NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Renewal. The Agreement is hereby renewed for an additional three year term, commencing on November 1, 2013 and terminating on October 31, 2016, unless sooner terminated as provided in the Agreement. 2. Remaining Terms. All remaining terms and conditions of the Agreement shall remain in full force and effect during the renewal term. Page I of 2 80 IN WITNESS WHEREOF, the proper officials of County and Association have executed this Agreement, effective on the date first written above. ATTEST: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY BOARD OF Circuit Courts and Comptroller COUNTY COMMISSIONERS By: By: Deputy Clerk Joseph E. Flescher, Chairman Date approved: OCTOBER 1, 2013 Approved: Approved as to form and legal sufficiency: Josephy. Baird, County Administrator �w_ Dy an eingold, ounty Attorney Witnesses: INDIAN RIVER COUNTY FAIR ASSOCIATION Sign: Printed name: By: Sign: Print e: Printed name: Title: Page 2 of 2 81 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 20, 2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator FROM: Jennifer Hyde, Purchasing Manag* SUBJECT: Approval of Bid Award for IRC Bid No. 2014004 Annual Bid for Asphalt Paving and Resurfacing BACKGROUND: The Road and Bridge Division requested the solicitation of annual bids for asphalt paving and resurfacing services, for the period October 1, 2013 through September 30`h, 2014, with the option for two additional one-year renewals. BID RESULTS: Bid Opening Date: August 30, 2013 Advertising Date: August 9, 2013 DemandStar Broadcast to: 318 Suppliers Specifications Requested by: 16 Vendors Replies: 2 Vendors BID TABULATION: y Total-Bid`Items Total Bi`d Item 10 , adder artyjPi /State k ; -Community Asphalt Vero Beach, FL $863,290.00 $38,000 Ranger Construction Industries, Inc. Fort Pierce, FL $1,017,447.00 $34,000 ANALYSIS: Actual expenditures to date for FY 12/13 are $616,275.00. Bid prices were based on estimated quantities provided by Road and Bridge, with Items 1-9 representing approximately 11.6% increase and Item 10 showing a 4% decrease over current year prices. SOURCE OF FUNDS: Estimated expenditures for FY 13/14 are $950,000 and available as follows: Account Number' Account Description, . Amount' 10921441-053360 Road Resurfacing $900,000- 11121441-035310 90000011121441-035310 Paving Material $50,000 CADocuments and SettingAjasonbUcal Settings\Temporary Internet Files\Content.Outlook\YQ6BJEH\Agenda-2014004.doc 82 CONSENT AGENDA RECOMMENDATION: Staff recommends awarding the bid as follows: • Award of Bid Items 1-9 to Community Asphalt Corp. of Vero Beach, and award Bid Item 10 to Ranger Construction Industries, Inc. of Fort Pierce, as the lowest responsive and responsible bidders meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2013 through September 30, 2014 to the recommended bidders and • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. ATTACHMENTS: Recommendation of Award(Department) Bid Tabulation Bid Submittals APPROVED AGENDA ITEM Indian River Co A ed Date BY: Admin Lec{ Joseph A. Baird, Co my Administrator Budget � Department FOR: Risk Manager ♦r` CADocuments and Settings\jasonb\I.ocal Settings\Temporary Internet Files\Content.Outlook\YQ6BJIEH\Agenda-2014004.doc 83 INDIAN RIVER COUNTY MEMO DATE: September 10, 2013 TO: QEDinrgLannagger THRU: Chris Mora, Director Public Works Department FROM: Terry R. Cook, Superintendent �C Road & Bridge SUBJECT: I.R.C. Bid# 2014004 Annual Bid for Paving and Resurfacing The staff recommends that the contract for Paving and Resurfacing be awarded as follows: Items 1 thru 9: Community Asphalt Corp., of Vero Beach Item 10: Community Asphalt Corp., of Vero Beach and Ranger Construction Industries, Inc. of Ft. Pierce The amount of funds used for Asphalt Paving and Resurfacing used in the 2012-2013 year was approximately$616,275.00. The estimated expenditure for the 2013-2014 year is $950,000.00 10921441-053360 $900,000.00 11121441-035310 50,000.00 E:WCCOUNTINGMD ACCEPANCE MEMOS\2013-2011 84 Bid No. 2014004 Indian River County Purchasing Division 1800 27th Street,Vero Beach, FL 32968 Witness: Sheila Votzi Bid Title: Annual Bid for Asphalt (772)226-1416 Paving and Resurfacing Witness: Jennifer Hyde Bid Opening Date: 08/30/2013 BID TABULATION SHEET Time: 2:00 pm .a z° Bidders Name Location ° 2 o Total for Items 1-9 Item 10. Pickup by IRCO N 4- _ ca Q Q a) U X W COMMUNITY ASPHALT CORP. PFORTT CH Y Y N $863,290.00 $38,000.00 RANGER CONSTRUCTION INDUSTRIES, INC. CE Y Y N $1,017,447.00 $34,000.00 COMMENTS: 00 01 Indian River County Purchasing Division VAVERC, 1800 271h Street z Vero Beach, FL 32960 Phone (772) 226-1416 * _ Fax (772) 770-5140 �LORW ' Bid Form Annual Bid for Asphalt Paving and Resurfacing Bid #: 2014004 Bid Opening Date and Time: August 30, 2013 2:00 P.M. Bid Opening Location: Purchasing Division 180027 th Street Vero Beach, FL 32960 Bidder Name: In accordance with all terms, conditions,specifications,and requirements, the Bidder offers the following: Item Description Estimated Quantity Unit Price Total Cost SP 9.5 Traffic Level C including hauling and 1 spreading by an approved spreader. For projects 7,000 tons $ 0/ /ton $ requiring 300 tons or more per mobilization SP 9.5 Traffic Level C including hauling and 2 spreading by an approved spreader. For projects 2,000 tons $ /ton $ / CCG requiring 100-299 tons per mobilization SP 9.5 Traffic Level C including hauling and 3 spreading by an approved spreader. For projects 40 tons $ 7i /ton $ — requiring 20-99 tons per mobilization 4 Increase or Decrease to use SP 12.5 Traffic Level C in _ lieu of SP 9.5 Traffic Level C 1,000 tons $ -3 /ton $ _3 �— 5 Increase or decrease for subdivision work 2,000 tons $ /ton $ - 6 Additional flagmen (over and above two flagmen included in asphalt price) 550 hours $ 27 /hr $ - 7 Tack coat as per DOT specs 8,000 gal $ 3 VC, /gal $ 8 Prime as per DOT specs 3,000 gal $ _3 9`_ /gal $ 9 Tie-ins 1,000 sq yd $5-to /sq yd. $ — Total for items 1-9 10 SP 9.5 for pickup by Indian River County 500 tons $ 76 — /ton $ Page 12 of 16 86 2014004 Annual Asphalt Paving and Resurfacing Will your company extend these prices to other governmental agencies within the State of Florida? ye No 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: (/U h-) Company Address: 2275 f rid US7-y1 q 1 /31 ✓tel City, State rO j e 4 ch Zip Code 3 V`9 V Telephone:�7 7�' 7 ?0—37 -71 Fax: -77-1 ) 770- 37 !7 7 E-mail: bhee,-Oe , C0rp ne Business Tax Receipt Number::6-1 02 5 — FEIN Number: Authorized Signature: Date: 61 i zTr� Name: �l'1 Gl h /3e e I Title: V/Ge od re `!of of4 (Type/Printed) Page 13 of 16 87 Indian River County Purchasing Division " VER C, 180027 th Street 4 Vero Beach, FL 32960 Phone (772) 226-1416 Fax (772) 770-5140 Bid Form Annual Bid for Asphalt Paving and Resurfacing Bid #: 2014004 Bid Opening Date and Time: August 30, 2013 2:00 P.M. Bid Opening Location: Purchasing Division 180027 th Street _ 7 Vero Beach, FL 32960Li Bidder Name: RANGER CONSTRUCTION INDUSTRIES, INC. In accordance with all terms,conditions,specifications,and requirements,the Bidder offers the following: 'tern Description Estimated P Unit Price Total Cost Quantity SP 9.5 Traffic Level C including hauling and G 1 spreading by an approved spreader. For projects 7,000 tons $ ton $ requiring 300 tons or more per mobilization SP 9.5 Traffic Level C including hauling and 2 spreading by an approved spreader. For projects 2,000 tons $ %/ton $ requiring 100-299 tons per mobilization SP 9.5 Traffic Level C including hauling and 3 spreading by an approved spreader. For projects 40 tons $ r i /ton $ requiring 20-99 tons per mobilization l 74/02 Increase or Decrease to use SP 12.5 Traffic Level C in 4 lieu of SP 9.5 Traffic Level C 1,000 tons $ _ y� /ton $ / 5 Increase or decrease for subdivision work 2,000 tons $ S 2Y- /ton $ ll 2 ov 6 Additional flagmen (over and above two flagmen - included in asphalt price) 550 hours $�,2 /hr $ «J 1j�— 7 Tack coat as per DOT specs 8,000 gal $ L /gal $ 8 Prime as per DOT specs 3,000 gal $ /gal $ L 0 9 Tie-ins 11000 sq yd $ ,?yam/sq yd. $ d Total for items 1-9 $ /0/ 7 41L/7 0�=' J SP 9.5 for pickup by Indian River County 500 tons $ /ton $ 0 �° Page 12 of 16 88 2014004 Annual Asphalt Paving and Resurfacing Will your company extend these prices to other governmental agencies within the State of Florida? Yes❑ NoLIN 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: Ra n yCr Company Address: �/S //9 City, State `r7- Qr'�'rcc Zip Code 36/9P-1 Telephone:_ 7 702 /6,/— /6O Fax: 7 702 E-mail: J'c0V" /-/G' tvky (� na/I �-c�h IJ`rayc'�ior y., Business Tax Receipt Number: 12b1110Z// FEIN Number: _�9aQ lg�6Z Authorized Signature- Date: Name: ,F J al 24'A., Title: (Type/Printed) Page 13 of 16 89 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Public Works Division of Facilities Management Date: June 11, 2013 • To: Joseph A. Baird, County Administrator Through: Christopher R. Mora, P.E., Public Works Director C, From: Lynn Williams, Facilities Manager/Project Manager Subject: Change Order#4 Crime Scene Facility Proctor Construction Company BACKGROUND: An agreement with Proctor Construction to construct the IRC Crime Scene Facility located at 3885 41st Street was approved by the Board on December 18, 2012. The original contract amount was for $1,299,317.00. Included within the contract amount is an owner contingency line item in the amount of$50,000. The contingency was established due to the uncertainty of renovating an existing structure and possible unforeseen conditions with existing underground facilities. Change Order#2 ($499,115) was approved at the June 18, 2013 meeting of the Board and added the Evidence Compound to the project. Change Order#3 was approved by the Board at the July 16, 2013 meeting and added a total of$73,013.73 to the project. Change Proposal CSI-004 Item #1- CSI-020 - This change increases the amount of asphalt and base to the parking area. Earlier change was approved to correct poor drainage in existing parking area. Additional area was removed in order to correct elevations and transition to added vehicle storage compound Add-$4,188.87 Item #2- CSI-021-Vapor barrier under epoxy flooring. This change is required to provide and install a vapor barrier primer to the existing concrete slab to insure adherence of the floor product. Moisture readings in slab exceeded manufacturers' recommendations for application of Epoxy flooring materials. Add- $4,097.22 Item #3- CSI-022-Added curb @Parking- This change is required to install D-curb on three landscape islands and re-grade landscape area to match. Islands were cut into existing asphalt and old asphalt was failing at the edge. Add-$3,450.29 Item #4- CSI-023- Credit Bamboo removal and Glass- This credit removes the cost of removing bamboo along the 41 Street side of the project. Sheriff's Department preferred the screening it provided. The credit also includes a reduction in the amount of glass needed for the transaction window of the Evidence area. Deduct -$5,827.00 These items have been accepted by the project team and are brought forward as a single change order for Board approval. The consultants have reviewed all items and I have received their concurrence. FAPublic Works\Luanne M\Facilities Management\Sheriff Storage-New Bldg& Future Facility\Change Order#4 1 Crime Scene Project Proctor BCC 09-23-13.doc 90 Page Two Agenda Item for October 1, 2013 Change Order#4 Crime Scene Facility Proctor Construction Company FUNDING: Funding for change order # 4 is budgeted and available from Optional Sales Tax (Acct# 31522019-066510-01004). RECOMMENDATION: Staff recommends that the Board approve Change Order # 4 to the Crime Scene Facility contract with Proctor Construction Company in the amount of$5,909.38 increasing the contract amount to $1,877.355.11 and authorize the Chairman to execute the document. Approved Agenda Item Indian River Co. Approved Date For: October 1, 2013 Administration County Attorney B Budget l� Department _z y-i3 Division Ci..� 4^)N_ FAPublic Works\Luanne M\Facilities Management\Sheriff Storage-New Bldg&Future Facility\Change Order#4 Crime Scene Project Proctor BCC 09-23-13.doc o Proctor ConmcCongo. Prime Contract Change Order 2050 US-1,Suite 200 Vero Beach,Florida 32960 Detailed, Grouped by Each Number Telephone: (7 72)234-8164 Fax:(772)2 34-8188 Indian River Crime Scene Investigation Facility Project# IRC-CS10112013 Proctor Construction Co. 3885 41st Street Tel: 772.234.8164 Fax: 772.234.8188 Vero Beach,Florida 32960 Date: 9/16/2013 To Contractor: Architect's Project No: Proctor Construction Co. Contract Date: 1/4/2013 2050 Hwy US-1 Suite 200 Contract Number: CSI-028 Vero Beach, FL 32960 Change Order Number: 004 The Contract is hereby revised by the following items: Paving Changes-Moisture System-Credit PCO Description Amount CSI-020 Additional Base&Asphalt @ Parking 4,188.87 CSI-021 Vapor Barrier under Epoxy 4,097.22 CSI-022 Added Curb @ Parking 3,450.29 CSI-023 Credit Bamboo&Glass (5,827.00) The original Contract Value was....................................................................................................................... 1,299,317.00 Sum of changes by prior Prime Contract Change Orders................................................................................ 572,128.73 The Contract Value prior to this Prime Contract Change Order was................................................................ 1,871,445.73 The Contract Value will be changed by this Prime Contract Change Order in the amount of.......................... 5,909.38 The new Contract Value including this Prime Contract Change Order will be.................................................. 1,877,355.11 The Contract duration will be changed by........................................................................................................ 0 Days The revised Substantial Completion date as of this Prime Contract Change Order is..................................... Donadio&Associates,Architects Proctor Construction Co. Indian River County Board of County Commissioners ARCHITECT CONTRACTOR OWNER 609 17th Street 2050 Hwy US-1 Suite 200 1801 27th Street Vero Beach,FL 32960 Vero Beach, FL 32960 Vero Beach, FL 32960 Address Address Address By Anthony Donadio By Donald Tolliver By Joseph E.Flescher SIGNATURE SIGNATURE SIGNATURE DATE DATE DATE Prolog Manager Printed on: 9/16/2013 Prolog Main Office Page 1 APPROVED AS TO FORM AND "FF-0BYJ WILLIAM K.DEBRAAL DEPUTY COUNTY ATTORNEY P t filk LU r General Contrdeturs CGC034069 tvww roctorcc.com Wednesday,August 28,2013 Mr.Lynn Williams Indian River County Board of County Commissioners 1801 27th Street Vero Beach,FL 32960 RE: Potential Change Order Number CSI-020 Indian River Crime Scene Investigation Facility-IRC-CSI01/2013 Dear Mr.Williams, Reference is made to Indian River County Board of County Commissioners request from Proctor Construction to provide pricing covered under PCO Number CSI-020,for the following extra work:Additional Base&Asphalt @ Parking . The following is a detailed itemization of all extra costs. Item Number Description Proposed Amount Company 001 Additional 98 SY of Grading, 10"Rock $3,369.00 CATHCO and Asphalt for Extra Concrete Area Removed 002 Additional 98 SY of Grading, 10"Rock $516.00 CATHCO and Asphalt for Extra Concrete Area Removed ® Level 5.00%Profit Markup $213.68 Level 3 1.00%Insurance Markup $44.87 Level 4 1.00%Bond Markup $45.32 Total Amount $4,188.87 Days Requested 0 This Change Order Request includes but is not limited to,the following qualifications and/or clarifications: 1. Work specifically outlined within the summary as further described herein. 2. No additional building permit costs have been included for these changes to the contract.Proctor Construction shall not be held responsible for proceeding with changes prior to the building department review if applicable. 3. This proposal is figured on performing said work during normal working hours. If you have any questions regarding this Change Order Request,please call me at your earliest convenience, Respectfully, Nick Bischoff Project Manager Cc:PCO#CSI-020 File,Fax/Indian River County Board of County Commissioners 772.778.9391 Mike Sturgis 2050 US Ilighway I I Suile 20() 1 Fero Reach,Fl.32960 Phone: 772.234.8164 Fax: 772.234.8188 93 a Procter Gcncral Contractors iCGC034069 ww%v_proctorcc com Please sign below signifying approval to proceed with the above stated scope of work. Architect Date Owner Date t. ZOO US I lighway 1 ;Suite 200 1 Fero Beach, FI.32960 Phone; 772.234.8164 Fax: 772,234,8188 94 CKNO81 INCM 5550 41St STREET * VERO BEACH,FL 32967 * (772)562-8814 *FAX(772)562-0173 CHANGE ORDER # 7 Date: August 15, 2013 To: Proctor Construction Company 2050 US Highway 1, Suite 200 Vero Beach,FL 32960 Re: Indian River County Crime Scene Investigation Facility We hereby agree to make the following changes to the above referenced project: 1) Additional 98 SY of Grading, 10 Rock & 1.5 Asphalt ADD $ 3,369.00 Added to Change Order#2 for Extra Concrete Removed TOTAL CHANGE $3,369.00 Subject to Existing Contract Conditions and Exclusions Proctor Construction ComnaUl By Printed Name: Date Cathco Inc. By Matthew S. Eisert, as agent for Cathco, Inc. Date 95 AtL CATNOOP INCE 5550 41St STREET *VERO BEACH,FL 32967 *(772)562-8814 *FAX(772)562-0173 CHANGE ORDER # 8 Date: August 27, 2013 To: Proctor Construction Company 2050 US Highway 1, Suite 200 Vero Beach, FL 32960 Re: Indian River County Crime Scene Investigation Facility We hereby agree to make the following changes to the above referenced project: 1) Addition 15 SY of Grading, 10" Coquina and Asphalt ADD $ 516.00 Per Mike Sturgis Extending Parking Stalls and Radius TOTAL CHANGE $516.00 Subject to Existing Contract Conditions and Exclusions Proctor Construction Company By Printed Name: Date Cathco Inc. By Matthew S. Eisert, as agent for Cathco, Inc. Date 96 M1 cter General Contractors �� � CGC434069 tvu,%v proctorcc corn Thursday,August 29,2013 Mr.Lynn Williams Indian River County Board of County Commissioners 1801 27th Street Vero Beach,FL 32960 RE: Potential Change Order Number CSI-021 Indian River Crime Scene Investigation Facility-IRC-CSI01/2013 Dear Mr.Williams, Reference is made to Indian River County Board of County Commissioners request from Proctor Construction to provide pricing covered under PCO Number CSI-021,for the following extra work:Vapor Barrier under Epoxy. The following is a detailed itemization of all extra costs. Item Number Description Proposed Amount Company 001 Dex-o-Tex Vapor Control Primer $3,800.00 TRIDENT Level 2 5.00%Profit Markup $209.00 Level 3 1.00%Insurance Markup $43.89 Level 4 1.00%Bond Markup $44.33 Total Amount $4,097.22 Days Requested 0 This Change Order Request includes but is not limited to,the following qualifications and/or clarifications: 1. Work specifically outlined within the summary as further described herein. 2. No additional building permit costs have been included for these changes to the contract.Proctor Construction shall not be held responsible for proceeding with changes prior to the building department review if applicable. 3. This proposal is figured on performing said work during normal working hours. If you have any questions regarding this Change Order Request,please call me at your earliest convenience, Respectfully, Nick Bischoff Project Manager Cc:PCO#CSI-021 File,Fax/Indian River County Board of County Commissioners 772.778.9391 Mike Sturgis 20541 US I lightitilay 1 ! Suile 200 1 Vero Beach, Fl. 329641 Phone: 772,234.8164' Fax: 772.234, 1188 97 Fm—, Proctor Gencral Contractors CGC034069 r COMMON ft ,,.rrtiv_proctDrcc.com Please sign below signifying approval to proceed with the above stated scope of work. Architect Date Owner Date 2050 US highway 1 1 Suite 2()0 1 Vero Reach,Fl.32960 Phone: 772.234.8164 Fax: 772,2.34,8188 98 V -COMPOSITION FLOORS&DECKS •RACQUETBALL COURTS •ATHLETIC SURFACES •RESILIENT SURFACES z?€ -WOOD FLOORS „Y -WATERPROOFING SYSTEMS TRIDENT August 26, 2013 Mr. Mike Sturgis Proctor Construction Company 2050 US Highway 1, Suite 200 Vero Beach, FL 32960 (772) 559-5459 Re: IRC - Crime Scene Facility Dear Mr. Sturgis, This letter is in regards to moisture tests performed from 8/23/13 — 8/26/2013. Please see the results below: Start/End Weight Change in Weight Moisture Transmission Rate Test #1 32.5g/ 38.0g 5.5g 8.31 lbs/1,000SF/24hrs Test #3 32.5g/ 38.3g 5.8g 8.76 lbs/1,000SF/24hrs Test #4 32.4g/40.Og 7.6g 11.48 lbs/1,000SF/24hrs The moisture levels are far above the manufacturers' recommended rate of 31bs/1,000SF/24hrs. It is our recommendation to use Dex-O-Tex "Vapor Control Primer 200" moisture mitigation system in order to keep the full manufacturer warranty. The total cost for the addition would be $3,800.00. Please call me at (305) 520-5744 should you have any further questions or concerns. Very truly yours, TRIDENT SURFACING, INC. Mark Mandich Project Manager Re:33-3463\01 TRIDENT SURFACING, INC. • 5399 N.W. 161st STREET • MIAMI, FLORIDA 33014 PHONE:(305)620-4220 FAX:(305)620-9311 A Lotspeich Company 99 Proctor General Contrwors CGC034069 ,vwtiv.prortorcc.c om Thursday,August 29,2013 Mr.Lynn Williams Indian River County Board of County Commissioners 1801 27th Street Vero Beach,FL 32960 RE: Potential Change Order Number CSI-022 Indian River Crime Scene Investigation Facility-IRC-CSI01/2013 Dear Mr.Williams, Reference is made to Indian River County Board of County Commissioners request from Proctor Construction to provide pricing covered under PCO Number CSI-022,for the following extra work:Added Curb @ Parking. The following is a detailed itemization of all extra costs. Item Number Description Proposed Amount Company 001 Furnish and install D-curb or 8 x 8 $3,200.00 CATHCO Header Curb around the three islands to include regrading islands to match curb Level 2 5.00%Profit Markup $176.00 Level 3 1.00%Insurance Markup $36.96 Level 4 1.00%Bond Markup $37.33 Total Amount $3,450.29 Days Requested 0 This Change Order Request includes but is not limited to,the following qualifications and/or clarifications: 1. Work specifically outlined within the summary as further described herein. 2. No additional building permit costs have been included for these changes to the contract.Proctor Construction shall not be held responsible for proceeding with changes prior to the building department review if applicable. 3. This proposal is figured on performing said work during normal working hours. If you have any questions regarding this Change Order Request,please call me at your earliest convenience, Respectfully, Nick Bischoff Project Manager Cc:PCO#CSI-022 File,Fax/Indian River County Board of County Commissioners 772.778.9391 Mike Sturgis '_(150 US Ilighway I (Suite 2()0 1 Vero Reach,FI.32960 Phone; 772,234.8164' Fax: 772.234,8188 100 a Proctor General Contractors CGC034069 wwwproctorcc.coin Please sign below signifying approval to proceed with the above stated scope of work Architect Date Owner Date 2050 US highway 1 !Suite 200 1 Vero Reach.Fl.32960 Phone: 772.234.8164 Fax: 772.2'.34.8188 101 OUNCOw INCm 5550 415`STREET *VERO BEACH,FL 32967 * (772)562-8814 *FAX(772) 562-0173 CHANGE ORDER # 9 Date: September 4, 2013 To: Proctor Construction Company 2050 US Highway 1, Suite 200 Vero Beach, FL 32960 Re: Indian River County Crime Scene Investigation Facility We hereby agree to make the following changes to the above referenced project.- 1) roject.1) Install 200 LF of D-Curbing or 8x8 Header Curb Around ADD $ 2,910.00 Three Islands Per Mike Sturgis. Price Includes Grading Islands to Match Curb. 2) Overhead and Profit ADD $ 290.00 TOTAL CHANGE $3,200.00 Subject to Existing Contract Conditions and Exclusions Proctor Construction Company By Printed Name: Date Cathco Inc. By Matthew S. Eisert, as agent for Cathco, Inc. Date 102 1 INDIAN RIVER COUNTY, FLORIDA ,"^° MEMORANDUM TO: Joseph A. Baird, County Administrator I THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer,Jr., P.E., County Enginee �w SUBJECT: FDOT Local Agency Program (LAP) Supplemental Agreement and Resolution Authorizing the Chairman's Signature Old Dixie Highway Sidewalk from 8th Street to 20th Street I IRC Project No. 1102 - FM#: 425710-1-58-01 DATE: September 13, 2013 DESCRIPTION AND CONDITIONS On May 22, 2012, the Board of County Commissioners entered into a Local Agency Program Agreement(LAP)FM#425710-1-58-01 with the Florida Department of Transportation(FDOT)for construction of a 5-foot wide concrete sidewalk along the east side of Old Dixie Highway from 8th Street to 20th Street in the amount of$934,475.00. Timothy Rose Contracting, Inc.was awarded the bid for this project, with Change Order No. 1 on November 13, 2012 in the amount of $329,327.97. A Supplemental Agreement was approved by the Board on November 20, 2012, reducing the amount of the grant with the FDOT from$934,475.00 to$347,930.87(which includes construction engineering and inspection services). Change Order No. 2 was approved by the Board of County Commissioners on August 20, 2013 increasing the contract amount by $37,473.97 for various field changes that were made throughout the project including drainage, driveway and minor landscape modifications, additional hand rail, curb replacements, curb ramp deletions/additions and miscellaneous sidewalk re-alignments to avoid unforeseen conflicts, bringing the contract total to$366,801.94. The FDOT has requested Indian River County execute and deliver to the FDOT the attached Supplemental Agreement for the addition of LAP funds in the amount of$37,474.00 for Change Order No. 2. Also attached, please find a Resolution authorizing the Board of County Commissioners to execute this Local Agency Program Supplemental Agreement for LAP Contract No. AQN-64 (FM #425710-1-58-01). FUNDING Funding for this project is budgeted and available from the Optional Sales Tax — 31521441- 066510-12814, Old Dixie Highway Sidewalk(8th Street to 20th Street) and is being funded by the FDOT Local Agency Agreement FM 425710-1-58-01. No County match is required. F:\Public Works\ENGINEERING DIVISION PROJECTSA 102-Old Dixie Hwy Swk 8th St to SR 60-LAP\Admim\agenda items\BCC Agn LAP O Suppliemental Agreement and Resoltuion 09-13-2013.doc PAGE TWO BCC Agenda Item for October 1, 2013 Christopher J. Kafer,Jr., P.E., County Engineer RECOMMENDATION Staff recommends approval of the Local Agency Program(LAP)Supplemental Agreement FM No. 425710-1-58-01 and further recommends adopting the Resolution and authorizing the Chairman to sign the Agreement. ATTACHMENTS 1. Authorizing Resolution 2. MOT Local Agency Program (LAP)Agreement No. 425710-1-58-01 DISTRIBUTION APPROVED AGENDA ITEM FOR: October 1, 2013 B Indian River County Approved Date Administration 0/5 Budget Legal Public Works Engineering FAI`ublic Works\ENGINEERING DIVISION PROJECTSA 102-Old Dixie Hwy Swk 8th St to SR 60-LAP\Admim\agenda items\BCC Agn Resoltuion FDOT 1 O 4 Supp Agree 09-1133-2013.doc I RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT FOR THE SIDEWALK CONSTRUCTION ON OLD DIXIE HIGHWAY FROM 8TH STREET TO 20TH STREET WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION WHEREAS, the State of Florida, Department of Transportation and Indian River County have entered into a LOCAL AGENCY PROGRAM AGREEMENT on May 22, 2012, in which the State of Florida, Department of Transportation agreed to provide funding to the County in connection with the sidewalk construction on Old Dixie Highway from 8th Street to 20th Street in Indian River County, Florida for FM# 425710-1-58-01 and hereinafter referred to as the PROJECT in the amount of $934,475.00 and then entered into a SUPPLEMENTAL AGREEMENT on November 20, 2012, for reduction of funds in the amount of $586,444.13 for the aforementioned project, resulting in remaining funds of$347,930.87. WHEREAS, the State of Florida, Department of Transportation, has now requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this SUPPLEMENTAL AGREEMENT, for addition of funds in the amount of $37,473.97 for the aforementioned project, resulting in available funds in the amount of 385,404.87. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. Approves SUPPLEMENTAL AGREEMENT to the LOCAL AGENCY PROGRAM AGREEMENT (FM # 425710-1-58-01) between State of Florida, Department of Transportation and Indian River County; and 2. Authorizes the Chairman to execute SUPPLEMENTAL AGREEMENT; and 3. Directs the County Engineer to transmit the executed SUPPLEMENTAL AGREEMENT to the State of Florida, Department of Transportation. THIS RESOLUTION was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc FAPublic Works\ENGINEERING DIVISION PROJECTS\1102-Old Dixie Hwy Swk 8th St to SR 60-LAP\Admim\agenda items\BCC Agn Resolution FOOT Supp Agree 09-17-2013.doc 105 RESOLUTION NO. 2013- r' The Chairman thereupon declared the resolution passed and adopted this day of , 2013. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Approved as to Form and Legal Sufficiency: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller William K. Dehraal, Deputy County Attorney Deputy Clerk Approved: By: Jos A. Baird, County Administrator R\Public Works\ENGINEERING DMSION PROJECTSU 102-01d Dixie Hwy Swk 8th St to SR 60-LAP\Admim\ageoda itc=\BCC Aga Rewlutioa MOT Supp Agree 09-17-2013.doc 106 525-010-32 PRODUCTION SUPPORT 09111 Pae 1 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN TWO LOCAL AGENCY PROGRAM 425710-1-58-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT AQN-64 The Florida Department of Transportation and Indian River County desires to supplement the original Agreement entered into and executed on June 5',2012 as identified above. All provisions in the original Agreement and supplements, if any,remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements,if any,are described as follows: PROJECT DESCRIPTION Name Old Dixie Highway Length 2.149 Miles Termini 8`h Street to 20th Description of Work: Construction of a 5'sidewalk along the east side of Old Dixie Highway from 8`h Street to 20`h Street. Reason for Supplement and supporting engineering and/or cost analysis: The terms of the original Agreement,referenced above and Supplemental Agreement Number One,are hereby amended as follows: This Supplemental Agreement increases the Total Federal Funds in the Original Agreement by$37,474.00,as explained below. Project Costs $347,930.87 Change Order#2 Additional Work $37,474.00 Total Project Costs(Project Cost+Change Order#2) $385,404.87 -Paragraph 3.01 of the Original Agreement and Supplemental Agreement Number One are hereby amended to adjust the total cost of the project to$385,404.87. - Exhibit 1 and exhibit A included in the Original Agreement and Supplemental Agreement Number One are hereby amended to adjust the amount of Federal Funds to$385,404.87. -See Exhibit B attached hereto and made a part hereof which replaces Exhibit B attached to the original Agreement and Supplemental Agreement Number One. 107 525-010-32 PRODUCTION SUPPORT 09/11 ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM TWO SUPPLEMENTAL 425710-1-58-01 DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 AQN-64 TYPE OF WORK FUNDING B Fiscal Year (`) (3) (d) (5) Y PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE& PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Planning Cost 0.00 0.00 $0.00 0.00 0.00 Project Development& Environment(PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00 Design FY: FY: FY: FY: FY: FY: Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00 Right-of-Way FY: FY: FY: FY: FY: FY: Total Right-of-Way Cost $0.00 $0.00 $0.00 $0.00 0.00 Construction FY: 2006-2007 FY: 2007-2008 FY: 2008-2009 FY: 2009-2010 FY: 2011-2012 SR2S $347,930.87 $37,474.00 $385,404.87 $385,404.87 FY: Total Construction Cost $347,930.87 $37,474.00 $385,404.87 $0.00 $385-404.87 Construction Engineering and Inspection(CEI) FY: FY: FY: FY: FY: FY: Total CEI Cost $0.00 $0.00 $0.00 $0.00 $0.00 Total Construction&CEI Costs $347,930.87 $37,474.00 P85,404.87 $0.00 $385,404.87 TOTAL COST OF THE $347,930.87 $37,474.00 $385.404.87 $0.00 $385,404.87 PROJECT 108 525-010.32 PRODUCTION SUPPORT 09111 Pa e3of3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN TWO LOCAL AGENCY PROGRAM SUPPLEMENTAL 425710-1-58 01 DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 AQN-64 IN WITNESS WHEREOF,the parties have caused these presents to be executed the day and year first above written. AGENCY INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Joseph E. F1 escher Name: Gerry O'Reilly, P.E. Title: Chairman Title: Director of Transportation Development Attest: Attest: Name: Name: Title: Title: Date: Date: Legal view See attached Encumbrance Form for date of funding approval by Comptroller. 109 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA O� MEMORANDUM TO: Joseph A. Baird; County Administrator Voe-rot TMENT HEAD CONCURRENCE: OF F /1-**,. - M. Keating, AIC , Communi evelopment Director THROUGH: Phillip J. Matson, AICP; MPO Sta Director /0,/� FROM: Brian Freeman, AICP; Senior Transportation Planner (� DATE: September 20, 2013 SUBJECT: Consideration of the Indian River County Transit Development Plan (TDP) Major Update It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 1, 2013. SUMMARY According to state and federal regulations, Indian River County, in conjunction with the Indian River County MPO, must prepare and adopt a Major Update of its Transit Development Plan (TDP) in October of 2013. At its September 11, 2013 meeting, the MPO Board endorsed the TDP major update with one change. That change was to expand GoLine weekday service hours from 6:00 am to 7:00 pm in 2014. The change has been incorporated into the final TDP.Because the County is the designated recipient of federal and state transit grant funds, the County must approve the TDP Major Update. Staff recommends that the Board of County Commissioners review the attached draft final plan, provide staff with any comments on the report, and approve the draft final plan. DESCRIPTION AND CONDITIONS According to state and federal regulations,Indian River County,in conjunction with the Indian River County MPO, must prepare and adopt a Major Update of its Transit Development Plan (TDP) in October of 2013. That TDP must include a comprehensive review of the management and operations of the transit system and must culminate in a ten year service and capital improvements plan for the transit system. Adoption of a TDP is a condition of receiving state Public Transit Block Grant F\Community Development\Users\NDO\Ivleetings\BCC\2013\TDP adoption 10-1-13.doe 1 110 (PTBG) funding. In 2012, the Metropolitan Planning Organization (MPO) issued a Notice to Proceed (NTP) to its General Planning Consultants, Stanley Consultants and the Center for Urban Transportation Research(CUTR), to initiate plan development. Then, MPO staff and its consultants proceeded to collect data,initiate public involvement activities,conduct peer assessments,analyze socio-economic data projections, and coordinate with FDOT and a number of public agencies. Prepared by Indian River County MPO staff and its consultants,the draft final report was presented to the MPO Board on September 11, 2013. At that time, the MPO considered the report and approved the report subject to one change. That change involved advancing one of the proposed alternatives(expanded weekday service hours)from year 2015 of the ten-year improvements plan to year 2014. Along with advancing the weekday service hour expansion alternative, the MPO also voted to increase service by three hours per day,instead of the two hours as was originally proposed. With that expansion,the GoLine will operate on weekdays from 6:00 am to 7:00 pm.The change has been incorporated into the attached final report. ANALYSIS Since the inception of Indian River County's fixed-route transit system,the total number of annual passenger trips provided by the system has grown substantially and now exceeds 1,000,000 trips/year. A major reason for the increase in ridership has been the addition of new routes and service improvements identified in the 2005 and 2008 Transit Development Plans.According to the consultant,transit service in Indian River County is provided in an efficient manner when compared to a peer group of similar transit agencies. One of the essential tasks in serving the area's transit dependent population is identifying the location and needs of that population. According to data collected for the 2013 TDP Major Update, ridership on the GoLine is younger, more diverse and more likely to use transit every day than was the case in 2008. Based upon an analysis of potential transit demand, current operating characteristics, and estimates of available future funding, the consultant has proposed a series of transit service improvements to meet the current and future needs of Indian River County. Those improvements appear in Chapter 7 of the draft TDP Major Update. As a result of implementing the initiatives reflected in previous TDP Major Updates, the existing route structure has proven highly successful. Because of that and because of the constraints on local funding in recent years, the consultant has proposed maintaining the existing route structure with only minor changes to existing routes. One proposed change would affect Route 11, the system's lowest ridership route. Under the proposed change, Route 11 would no longer serve the US 1 corridor, but would connect the new Publix on US 1 at 53rd Street to the Indian River Mall hub through the Gifford area, improving transportation offerings for the Gifford community. While the proposed improvements include only a small number of new routes and route changes,the report contains several significant operational improvements. Those include extending weekday operating hours from 6:00 am to 8:00 pm; increasing Saturday hours;and reducing the headways on F-\Community Development\Users\IvfPO\Meetings\BCC\2013\TDP adoption 10-1-13.doc 2 111 the most popular routes(from 60 minutes to 30 minutes).By undertaking those initiatives,the county will improve service on its most productive corridors and raise the countywide transit system level- of-service. Proposed service improvements to the system are shown in Chapter 7 of the plan. In Indian River County, the MPO is the agency responsible for transportation planning and is therefore also the agency responsible for development of the County's TDP. According to state guidelines, however, the Board of County Commissioners, as the designated recipient of transit operating and capital funding in Indian River County, must also approve the TDP. RECOMMENDATION Staff recommends that the Board of County Commissioners review the attached Transit Development Plan,provide staff with any comments on the report,and approve the draft final report. ATTACHMENTS 1. Transit Development Plan—Major Update Draft Final Report(on file in the Board of County Commissioners office) APPROVED AGENDA ITEM: FOR: /, BY: Indian River Co, Approved Date Admin. Legal Budget pt 25I'� Dept. Risk Mer. FACommunity Development\Users\MPO\Meetings\BCC\2013\TDP adoption 10-1-13.doc 3 1 * 112 Sheriff Deryl Loar Indian River County 9/18/2013 Mr. Joseph A. Baird, County Administrator Indian River County 1801276' Street Vero Beach, FL 32960 RE: Request for Agenda—Fiscal Year(FY) 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation Dear Mr. Baird: The filling for the FY 2013 Edward Byrne Memorial Justice Assistance Grant(JAG) Formula Program: Local Solicitation was completed on Aug 20, 2013. Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the October 1,2013 Board of County Commissioners Agenda. By application requirements,the public must be given opportunity to comment on this item on the agenda, however, a Public Hearing is not required. As permitted under JAG—"funds can be used for state and local initiatives technical assistance training personnel equipment supplies contractual supportand information systems for criminal justice..." The JAG grant in the amount of$21,928.00,with no match required,has been allotted to the County. The Sheriff s Office is requesting these funds to be used to purchase needed Information technology items as described as: Message Switch and three computers. Thank you for your assistance in this matter. If you have any questions,please contact Kim Poole, Planner, at 978-6214. Sincerely, Deryl Loar, Sheriff DL/kmp Attachment 4055 415`Avenue, Vero Beach, Florida 32960 www.ireslieriff.org (772)569-6700 iloi Sheriff Deryl Loar k_ Indian Rive' County 9/18/2013 Mr.Joe Baird, County Administrator Indian River County 1801 27Th Street Vero Beach, Florida 32960 RE: Request for Public Notice to be placed on the County's Website Dear Mr. Baird: The Sheriff's Office will be applying for the FY 2013 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation-which requires that"The Local JAG application must include a statement that the application was made public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations". In an effort to remain completely transparent in our request for funds, we are asking the County to allow the following to be published on the County's Website on the main page: Notice Subject PUBLIC NOTICE FY 2013 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation Notice is hereby provided that the Board of County Commissioners at its regular meeting held on Tuesday, October 1, 2013, at 9:00a.m. or as soon thereafter as the matter may be heard, in the County Commission Chambers of the County Administration Building A, located at 1801 27th Street, Vero Beach, Florida,to discuss the proposed use for the grant funds received by the Indian River County Sheriff's Office through the FY 2012 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation.These funds and their proposed uses are as follows: Local Solicitation- $21,928.00 Federal Funds Local Match- No Match Required Grand Total Monies- $21,928.00 4055 41'' Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 The Indian River County Sheriff's Office is requesting these funds to be used to purchase needed Information Technology items listed as Message Switch and computers. Anyone who wishes to inspect any documents pertaining to this grant may do so at the Indian River County Sheriff's Office. Please contact the Planner at(772) 978-6214. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coordinator at (772)226-1223, at least 48 hours in advance of the meeting. Indian River County Sheriff's Office Sheriff Deryl Loar By: -s- K. Poole, Planner IRCSO Sincerely, i i Deryl Loar, Sheriff Indian River County Sheriff's Office DL/kmp 115 GRANT NAME: 2013 Byrne Memorial/JAG: Local Solicitation GRANT# 2013-DJ-BX-0298 AMOUNT OF GRANT: $21,928.00 DEPARTMENT RECEIVING GRANT: Indian River County Sheriffs Office CONTACT PERSON: Kim Poole Planner TELEPHONE: 772-978-6214 1. How long is the grant for? Three(3)Years Starting Date: October 1,2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes _X___No If yes,does the grant allow the match to be In-Kind services? Yes No 4. Percentage of match to grant 0 % 5. Grant match amount required %0.00 6. Where are the matching funds coming from(i.e.In-Kind Services;Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X Yes No If no,how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 'R 2 1,2tt�00 Grant Amount Other Match Costs Not Covered Match Total First Year $ 21,928.00 $ $ $21,928.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ Signature of Preparer: �.b� Date: 116 Public Hearing 0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator RTMENT HEAD CONCURRENCE Robert M. Keating, ICP; munity Development Director FROM: Sasan Rohani,AICP; Chief, Long-Range Planning DATE: September 3,2013 RE: Robert Williams's Request to Rezone f 0.15 Acres from RS-6 to RM-6 (RZON- 2006010104-70995) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 1, 2013. DESCRIPTION AND CONDITIONS This is a request to rezone ±0.15 acres from RS-6 Single-Family g amily Residential District (up to 6 units/acre), to RM-6, Multi-Family Residential District (up to 6 units/acre). The subject property is located at 910 9`'' Court S.W., approximately 650 feet south of Oslo Road. The purpose of this request is to secure the zoning necessary to allow multi-family residential uses on the subject property. e 117 On August 22, 2013, the Planning and Zoning Commission voted 4—0 to recommend that the Board of County Commissioners approve this rezoning request. Existing Land Use Pattern In this area of the County, residential uses and residential zoning districts predominate south of Oslo Road, while commercial uses and Commercial zoning districts exist north of Oslo Road. Currently, the subject property is vacant land, and it is zoned RS-6 (attachment#4). The property to the north of the subject property is zoned RM-6, and it is vacant. To the east, west and south of the subject property, land is zoned RS-6 and is vacant. Future Land Use Pattern The subject property and all surrounding properties are designated L-2, Low density Residential-2 (up to 6 units/acre), on the Comprehensive Plan's Future Land Use Map. The L-2 designation permits various residential zoning districts up to 6 units/acre (attachment#4). Environment The Comprehensive Plan does not designate the subject property as either environmentally important or environmentally sensitive. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. Utilities and Services The site is within the Urban Service Area of the County. Wastewater service is available to the site from the South County Wastewater Treatment Plant, while potable water service is available to the site from the South County Reverse Osmosis Plant. Transportation System The subject property's west boundary abuts 9t' Court S.W., a local road. That roadway provides the subject property with access to Oslo Road. Classified as an Urban Principal Arterial on the Future Roadway Thoroughfare Plan Map, Oslo Road is a four lane paved road with approximately 160 feet of existing public road right-of-way. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing RS-6 district and the proposed RM-6 district (see Attachment #3). Their respective purpose statements best illustrate the differences between the zoning districts. Those purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: 118 The single-family districts are established to implement p ent the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing single-family housing opportunities, and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply. The multiple-family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing opportunities for multifamily residential units and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply. One principal difference between the RS-6 and RM-6 districts that is particularly applicable in this case is that the RS-6 district does not permit duplex uses, while the RM-6 district allows that use. ANALYSIS In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include: • An analysis of the request's impact on public facilities; • An analysis of the request's consistency with the county's comprehensive plan; • An analysis of the request's compatibility with the surrounding area; and • An analysis of the request's potential impact on environmental quality. Concurrency of Public Facilities The subject property is located within the County Urban Service Area, an area deemed suited for urban scale development. Within the urban service area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation. The adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for concurrency determination. For rezoning requests, that review is undertaken as part of the conditional concurrency determination application process. As per the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. In this case, the request is to change the zoning of the subject property from RS-6 to RM-6. Because both of those districts allow up to 6 units per acre, the proposed rezoning represents no change in land use density or intensity. Therefore, this rezoning request is exempt from concurrency review. z 119 It is important to note that, as with all projects, a detailed concurrencyanalysis will be don Y em conjunction with site development. That concurrency analysis will address facility service levels and demand. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezoning requests must also be consistent with the land use designations depicted on the Future Land Use Map. In this case, the subject property is designated L-2 on the Future Land Use Map. Since RM-6 zoning is allowed under the L-2 land use designation, the proposed zoning is consistent with the Future Land Use Map. Other than the Future Land Use Map, the goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are following Future Land Use Element objectives and Policies. Future Land Use Element Objective 1 ,. Future Land Use Element Objective 1 states that the county will have a compact and energy efficient land use pattern; an overall low density character; and adequate land for utility facilities necessary to support development. By allowing the site to be developed in a manner that is consistent with the site's land use designation, the request allows a more compact land use pattern within the urban service area. For those reasons, the request is consistent with Future Land Use Element Objective 1. Future Land Use Element Policy 1 11 Future Land Use Element Policy 1.11 states that the Low-Density Residential land use designation shall be applied to those areas which are suitable for urban and suburban development. In addition, Future Land Use Element Policy 1.11 states that those residential uses must be located within the urban service area. Since the subject property is located within an area designated as L-2 on the county's Future Land Use Map and is located within the county's urban service area and the proposed zoning district permits residential uses no greater than 6 units/acre, the proposed request is consistent with Policy 1.11. Future Land Use Element Policy 2.2 Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the urban service area through zoning, subdivision regulations, and LDRs. Since the proposed 120 rezoning would allow and encourage more development on the subject property and the subject property is within the urban service area, the request implements Future Land Use Element Policy 2.2. Consistency Summary As part of its consistency analysis, staff compared the proposed request to all applicable objectives and policies in the plan and found no conflicts. Therefore, staff s position is that the request is consistent with the comprehensive plan. Compatibility with the Surrounding Area In this case, the subject property is a parcel in Pompey's subdivision. That subdivision has split zoning, with the lots north of the subject parcel zoned RM-6 and the tracts located south of the subject parcel zoned RS-6. Currently, the owner of the RS-6 zoned subject property also owns the RM-6 zoned lots to the north of the subject property. Staffs position is that either the current zoning district or the requested zoning district is appropriate for the site and that development under the requested zoning district will be compatible with surrounding land uses. Because property to the north is zoned RM-6 and owned by the same owner, the proposed zoning will be a continuation of that zoning, and development on the subject property under the RM-6 zoning district should not have any adverse impacts on the property to the north. Even though the proposed rezoning, if approved, would be an extension of the RM-6 zoning to the north, the result will be an RM-6 zoned parcel with RS-6 on three sides. While it could be problematic if it were commercial zoning that was extended such that it abutted single-family residential on three sides, that is not the case with RM-6 abutting RS-6. Generally, RM-6 is considered a transitional district between single-family zoning and other more intense zoning. Therefore, RS-6 and RM-6 are generally considered compatible zoning districts. For those reasons, it is staff s position that development of the site under the requested RM-6 district will be compatible with surrounding areas. Potential Impact on Environmental Quality Since the existing zoning and the proposed zoning are both residential and since the property has no important environmental characteristics, there will not be any adverse environmental impacts from rezoning the site from RS-6 to RM-6. CONCLUSION The requested zoning district is compatible with the surrounding area and is consistent with the Le goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for 5 121 .. residential uses, the subject property meets all applicable criteria to be rezoned RM-6. For those reasons staff supports the request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from RS-6 to PM-6 by adopting the attached ordinance. ATTACHMENTS 1. Summary Page 2. Rezoning Application 3. Table of Uses for Residential Zoning Districts 4. Existing and proposed zoning maps and land use map 5. Rezoning Ordinance Approved Agenda Item: Indian River Co. Approved Date For: j�h 3 Admin. 2A6/3 Legal By: Budget l3 Dept. —AA ,--V— Risk Mgr. F:\Community Development\Rezonings\Pompey's subdivision\Staff repoerts\PZC staff report Pompeys Subl 8-8,2013.rtf 122 SUMMARY PAGE GENERAL Ap lip cant: Robert Williams Location: 910 9th Court S.W. Acreage: ±0.15 Land Use Designation: L-2, Low Density Residential-2 (up to 6 units/acre) Existing Zoning: RS-6 District(up to 6 units/acre) Requested Zoning: RM-6 District, (up to 6 units/acre) Existing Land Use: Vacant ADJACENT LAND North: RM-6, Multi-Family Residential District(up to 6units/acre) South: RS-6, Single-Family Residential District(up to 6units/acre) East: RS-6, Single-Family Residential District(up to 6units/acre) West: RS-6, Single-Family Residential District(up to 6units/acre) INFRASTRUCTURE Wastewater service is available to the site from the South County Regional Wastewater Treatment Plant, while potable water service is available to the site from the South County Reverse Osmosis Plant. ENVIRONMENTAL CONSTRAINTS None/Flood Zone X PUBLIC NOTIFICATION Zo"Map AMA/Y Planning and Board of County Zoning Commissioners Commission Staff Contact: Sasan Rohani Sasan Rohani Date Advertised: August 5,13 Sept.16,2013 #of Surrounding Property app-15 ,P°,".'' Owner Notifications: 17 17 ,,�, c Date Notification Mailed: August 5,13 Sept.16,2013 Date Sign Posted: August 5,13 Sept.16,2013 S- IIYN6 4` � —� 47M1i moo R54 ... �a STAFF RECOMMENDATION Approval ATTACHMENT 1 123 Existing and proposed zoning maps and land use map Ern,Fut—Land Use Map LZ - , rutin u»a w• I i iif-- -- ~- � E%KI�Zpnenp Map 1rM•rM 9�tjws Proparh r RRn i "r6b PlA-0 • R —SI u ..t Legend t ZOMN6 _ �m RS _ Prt4x.d Z—.g Map •ran w M oa.tP wpt5w i RM-6 pan Ft&a C .Legend 1 l 1 q R'� F� 13 x P34 Suo iK(:aniu.p.[rw.unw<Lawr�awb l't9 - I Attachment#4 a 124 APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY ' i Each application must be complete when submitted and must include ;atl, required attachments. An incomplete application will not be processed and will be ret�r_Ae to the applicant. Ass i ned Pro'ect Number: RZON Current Owner Applicant(Contract Agent Purchaser Name: ' tib Complete Mailing e7l 10SX, cT Address: F 2_y,/Z_ Phone #: (including area V20-0c�a4c Li /3Zy code) Fax#: (including area code) -- _ E-Mail: Contact Person: 1 Signature of Owner or Agent: Property Information Site Address: �! Site Tax Parcel I.D. #s: Subdivision Name, Unit Number, Block and Lot Number (if appl' able) o �v D✓'J�io .. .� Existing Zoning District: Existing Land Use Designation: Requested Zoning District: Total ross2 Acreage of Parcel: SGCC, Acreage net to be Rezoned: , Existing Use on Site: VC� Proposed Use on Site: '�� ATTACHMFNT 2 I 125 THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE-APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate"N/A" if an item I is not applicable. ITEMS A licant's Checklist Staff Checklist 1. Fee: NProperty Size -Less than 5 Acres $1,550.00 - 5 to 40 Acres $2,000.00 -41 to 100 Acres $2,300.00 -More than 100 Acres $2,500.00* * $125.00 for each additional 25 acres over 100 acres 2. Completed Rezoning Application Form front page) 3. Letter of Authorization from Current Owner(s) / OR Current Owner is Applicant (_9 Verified statement(separate letter) naming every individual or entity having legal or equitable AJIA ownership in the property. One 1 Copy of the current Owner's Deed 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the property. 7. One(1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: tlegal description of the land to be rezoned he size of the land to be rezoned ;""the public road right-of-way width of adjacent roads; and north arrow 8. Electronic version (MS Word is preferable)of the legal description 9. Copy of Approved Concurrency Certificate VIA Copy of filed application for Concurrency Certificate, including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAFE OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10,2008 ' FACommunity Development\Users\VICKIE\FORMS\rezoningrequestform.doc ATTArHMFNT tl C. 2 126 Municode Page 1 of 11 Section 911.07. Single-family residential districts. (1) Purpose and intent. The single-family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing single-family housing opportunities, and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply. (2) Districts established. The following districts are established to implement the provisions of this code: RS-2 RS-3 RS-6 RT-6 (3) Relationship with land use map. Single-family districts may be established in the following land use designations: Land Use Desi nations Zoning District L-1 L-2 -1 -2 REC RS-2 RS-3 RS-6 y RT-6 (WI X - District permitted T - District permitted when used as transition from less intense/dense development or consistent with existing development - District not permitted (4) Uses. Uses in the single-family districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except for single-family dwellings. District Uses RS-2 RS-3 RS-6 RT-6 Agricultural Noncommercial kennel and animal boarding laces Noncommercial nursery and greenhouse ` loncommercial A A A A !' table esidential http://library.municode.com/print.aspx?h=&clientID=12232&HTI Request=htt .1/o34! /o2flibra... 7/12/2 1 Municode Page 2 of 11 ccessory single family dwelling unit )mall lot single- �,.iamil subdivision Single-family P P P P dwelling N SF dwelling P (attached) Duplex P Guest cottage and A A A servant's quarters Single-family docks and private observation/fishing piers on vacant lots Subdivisions with special side yards Bed and breakfast S S Institutional Child or adult care S S S S facilities Foster care facilities P P P P Group home (level 1) Adult congregate living facility (8 residents max.) Group home (level II - - S rt III) .dint congregate S living facility (20 residents max.) Places of worship S S S S Cemeteries S S S S Community Service Emergency services Educational centers S S S S including primary and secondary schools Governmental S S S S administrative building Community centers S S Colleges/universities S S S S Libraries S S Recreation Country clubs S S S S Golf courses S S S S Public parks and playgrounds Private/public docks S S S S utility ommunications 1 1 Al 1 wers (wireless acilities including ell towers) http://library.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2f°/o2flibra... 7/12/21) " Municode Page 3 of 11 Communications towers (non-wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 P P P P feet 80 feet or taller IS Is S S (see 971.44(4) for sped I. criteria) Commercial Up to 70 feet: Camouflaged P P P P Non- camouflaged 70 feet to 150 feet: Camouflaged Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower .ypes (see 971.44(1) forspecial criteria) Limited public and S S S S private utilities Public and private S S S S utilities heavy P - Permitted use A-Administrative permit use S - Special Exception Use 1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. (5) Accessory uses and structures as provided in Chapter 917 (6) Required improvements. All future subdivisions and site plans for development in single-family districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County and the State of Florida. District RS-2 RS-3 RS-6 RT-6 Bikeways X X dewalks X ,treetli _ X http://library.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2f%2flibra... 7/12/20'1 2 9 Municode Page 4 of 11 (7) Size and dimension criteria: Regulation Unit RS-2 RS-3' RS-6 RT-6 Maximum d.u./gr.ac.2 3 6 6 density Minimum square lot size feet SF 16,000 12,000 7,000 7,000 Duplex 12,000 Minimum feet 100 80 70 70 lot width Minimum feet and Front* 25 25 20 20 Side* 15 15 10 10 Rear` 25 25 20 20 Maximum feet 35 35 35 35 building height Maximum percent of 25 30 30/40" 35/40* building lot coverage 3 Minimum percent of 0 40 40 40 open lot space ' Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet the RS-6 yard requirements. 2 In no case shall the density exceed the maximum permitted gross density. 3 Maximum building coverage for single-story detached single-family homes in RS-6 and RT-6 is forty (40) percent. For purposes of this regulation, single-story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings is thirty (30) percent in RS-6, thirty-five (35) percent in RT-6. *Note:A one-foot additional setback is required for every one (1) foot in building height over twenty- five (25) feet in building height. For example, a building or portion of a building that has a thirty-five- foot building height, as defined in the land development regulations, must have an additional ten-foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR (Ord. No. 90-16. § 1, 9-11-90: Ord. No. 91-48, §§ 15, 16, 12-4-91: Ord. No. 92-39, § 11. 9-29-92; Ord. No_ 93-8§28. 3-18- 93: Ord. No. 93-29. § 5A, 9-7-93; Ord. No. 94-1, §§2C, 6B, 9A, 1-5-94,- Ord. No. 96-5, § 1(B), 2-27-96; Ord. No. 97-16, §3 (2), 5-6-97, Ord. No. 98-9. §§2B, 9, 5-19-98: Ord. No. 2000-004, §2B, 2-15-00: Ord. No. 2000-026, §3B, 7-18-00: Ord. No. �.. 2002-016, § 1B, 4-2-02: Ord. No. 2002-031, § 1B, 11-12-02: Ord. No. 2005-030, § 1. 9-6-05: Ord. No. 2010-001, § 1, 1-5-10: Ord. No. 2012-016, §§4, 5, 7B, 7-10-12) http://library.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2f'/o2flibra... 7/12/2113-) 0 Municode Page 5 of 11 Section 911.08. Multiple-family residential districts. (1) Purpose and intent. The multiple-family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing opportunities for multifamily residential units and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply. (2) Districts established. The following districts are established to implement the provisions of this chapter: RM-3 RM-4 RM-6 RM-8 RM-10 (3) Relationship to land use map. Multiple-family districts may be established in the following land use designations: Land Use Desi nations Zoning District L-1 L-2 -1 -2 REC RM-3 X X X RM-4 RM-6 RM-8 Ix RM-10 X District permitted District not permitted (4) Uses. Uses in the multiple-family districts are classified as permitted uses, administrative permit I uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. l District Uses RM-3 RM-4 RM-6 RM-8 RM-10 Agricultural Noncommercial nurseries and greenhouses Noncommercial tables Residential Accessory single family dwelling unit mall lot single- amil subdivision http://Library.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2f%2flibra... 7/12/23,51 Municode Page 6 of 11 Single-family P P P P P dwellings SF dwelling P P P P P (attached) Duplex P P P P P Multifamily P P P P P dwellings Single-family docks and private observation/fishing piers on vacant lots Uses RM-3 RM-4 RM-6 RM-8 RM_10 Bed and breakfasts S S S Residential resort S S S Guest cottage and servant's quarters Small-scale Traditional Neighborhood Design TND Institutional Child or adult care S S S facilities Foster care P P P P P facilities Group home (level A A A P P 4L,I ,dult congregate A A A P P Iiving facility (8 residents maximum Group home (level S S S II &t III) Adult congregate S S S living facility (20 residents maximum) Group homes S S S S S (residential centers) Adult congregate S S S S S living facility (21+ residents) Residential S S treatment centers Total care S S facilities Places of worship S S S Cemeteries S S S S S Community Service ulturat and civic S S facilities emergency P P P P P 2rvices drools, primary S S S S S and secondary http://Iibrary.municode.coin/print.aspx?h=&clientID=12232&HTMRequest=http%3 a%2P/o2flibra... 7/12/A 9 Municode Page 7 of 11 Colleges and S S S S S universities Libraries S S S S S Community S S S centers Government S S S S S administrative buildings Civic and social S S membership organizations Recreation Beach clubs S S S S S Country clubs S S S S S Golf courses S S S S S Public parks and playgrounds Tennis facilities S S S S S Yacht clubs S S S S S Health and fitness S S clubs Public/private S S S S S docks Utility Communications ' > > > i towers (wireless facilities including cell towers) :ommunications towers (non- wireless facilities including TV and radio broadcast towers Amateur radio (accessory use) Less than 80 P P P P P feet 80 feet or S S S S S taller (see 971.44 (4) for special criteria) Commercial Up to 70 feet: P P P P P Camouflaged Non- camouflaged 70 feet to 150 feet: Camouflaged Monopole 'minimum of 2 sers) http://Iibrary.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2f%2flibra... 7/12/201 V Municode Page 8 of 11 Not camouflaged and iot monopole Over 150 feet: All tower types (see 971.44 (1) for special criteria) Limited public and S S S S S private utilities Public and private S S S S utilities heavy P - Permitted use A -Administrative permit use S - Special exception use For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. (5) Accessory uses and structures as provided in Chapter 917 (6) Required improvements. All future subdivisions and site plans for development in multiple-family districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County and the State of Florida. District RM-3 RM-4 RM-6 RM-8 RM-10 Bikeways Sidewalks Streetlights Curbs X X Green Space/Recreation Space Storm Water Management Dedication of Rights-of-Way A. Bikeways. The project developer shall be responsible for providing a bikeway(s) along the project site's frontage on all rights-of-way or easements if such bikeway facility is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan. B. Sidewalks: The project developer shall be responsible for providing a sidewalk(s) along the project site's frontage on all rights-of-way (existing or created via the project plat) and/or street easements (existing or created via the project plat) if such sidewalk facility is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan or required in the site's applicable zoning district. Five-foot wide sidewalks shall also be required on both sides of all interior streets within rights-of-way and/or easements (existing or created via the project plat). A minimum six-foot strip of irrigated, approved ground cover or sodded landscape area shall http://library.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2f%2flibra... 7/12/21�4 Municode Page 9 of 11 be provided between the curb and the sidewalk with canopy trees provided every fifty (50) feet. *C• Curbs: Curbing, or other barrier approved by the county engineer, is required to be installed between all sidewalks and adjacent interior roadways and parking areas. *D• Green space and/or recreation space:All multi-family developments must set aside a minimum of seven and one-half(7.5) percent of the total project site area as dedicated to green space and/or recreation space. Upland preserve, wetland areas, and created littoral zones may be credited toward this requirement. Recreation tracts shall be located, designed, constructed, maintained and operated in such a manner that minimizes adverse noise and lighting impacts on adjacent or nearby developments. For purposes of this regulation, "recreation space" may include recreational facilities and amenities such as parks, ball courts, and pools. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized, located, and designed to function as a project amenity such as a park, conservation area, open air recreation facility, or other similar type of amenity. 1 Recreation tracts located within one hundred twenty-five (125) feet of the boundary of the development shall be either: a• Designated on a final plat, or other document recorded in the public records, as being used for passive recreation uses: no active uses, such as but not limited to basketball or tennis courts, shall be permitted on these tracts. b• Buffered from adjacent development boundaries with a minimum twenty-five (25) foot wide Type B (or better) buffer with a six-foot opaque feature (see Chapter 926). 2• Any and all lighting used within recreation tracts shall be approved by the county and shall be adequately shielded to prevent lighting or glare from encroaching on to properties adjacent to or nearby the development. *E• Stormwater management:Open swales along the sides of internal project streets are not permitted. A stormwater management system shall be constructed in accordance with the requirements of Chapter 930. Stormwater shall be retained in a lake for all multi-family developments. Drainage swales shall be permitted only for conveyance purposes and not for capacity calculations. Dry detention may be used only in circumstances where retention in a lake conflicts with the aquifer recharge criteria, where existing trees and vegetation can be preserved in and around a dry detention area, or where approved by the public works director if warranted by soils or other site characteristics in accordance with Chapter 930 provisions and regulations. *F• Dedication of rights-of-way:All right-of-way areas set aside for future roadway improvements shall be landscaped, and irrigated to the edge of the paved roadway by the developer and/or homeowner's associations. Maintenance of the right-of-way areas shall be the responsibility of the developer and/or homeowner's association. *G• Internal pedestrian systems:Within projects an internal pedestrian system shall be provided which connects to the off-site public sidewalk/pedestrian system. The internal system shall provide five-foot wide sidewalks, or other surface approved by the county engineer, which serve each unit and internal recreation and amenity area. *NOTE: The requirements of items C, D, E, F, and G shall not apply to legally established individual lots and parcels of record upon which no more than three (3) residential units are proposed. (7) Size and dimension criteria: Regulation Unit RM-3 RM-4 RM-6 RM-8 RM-10 http://library.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2f%2flibra... 7/12/201Y J Municode Page 10 of 11 Maximum d.u./gr.ac. 3 4 6 8 10 density Minimum lot size . I SF sq. feet 12,000 10,000 7,000 7,000 7,000 MF and Duplex 24,000 20,000 12,000 10,000 10,000 Minimum lot feet 80 80 70 70 70 width Minimum yard feet Front 252 25' 25' 25 252 Side 1101 102 102 102 102 Rear 252 252 252 252 252 Maximum feet 35 35 35 35 35 building height Maximum percent of lot building ,coverage 3 SF 30 30 30/40 30/40 30/40 MF/Duplex 25 25 25 25 25 inimum open percent of lot 0 0 0 30 30 Space ' In no case shall maximum density be exceeded 2 One (1) foot additional yard for each two (2) feet in height over twenty-five (25) feet in building height shall apply. Also, the RS-6 yard requirements shall apply to RM-3, RM-4, RM-6 RM-8, and RM-10 zoned nonconforming lots of record lawfully created prior to June 18, 1991. 3 Maximum building coverage for single-story detached single-family homes in RM-6, RM-8, and RM -10 is forty (40) percent. For purposes of this regulation, single-story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings in RM-6, RM-8, and RM-10 is thirty (30) percent. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR (8) Required buffer yards: Where a multi-family project in the RM-6, RM-8 or RM-10 district directly adjoins a single-family zoning district, buffer yards shall be provided along the boundary between the multifamily project and the single-family zoning district. Buffer yards shall be located in common areas or separate buffer tracts, and are required along rear/side property lines, measured at right angles to lot lines, as follows: Multifamily District Buffer Type RM-6 C-3 ft. Opaque RM-8 C-3 ft. Opaque RM-10 C-3 ft. Opaque a. http://library.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2f%2flibra... 7/12/21,36 Municode Page 11 of 11 Wall variation. Subdivision ordinance section 913.09(9)(c), design requirements for walls along roadways, shall apply in multi-family projects where walls are proposed along roadways. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §33, 2-27-91; Ord. No. 91-48, § 17, 12-4-91; Ord. No. 92-39, § 12, 9-29-92; Ord, No. 93-8§§2, 12, 24, 3-18-93;Ord, No. 93-29, §5B, 9-7-93; Ord. No. 94-1, §§2D, 4C, 6C, 1-5-94; Ord. No. 94-25, §§ 8, 22, 8-31-94; Ord. No. 96-5, § 1(C), 2-27-96, Ord, No. 97-16, §3(3), 5-6-97;Ord. No. 98-9, §9. 5-19-98; Ord. No. 2000- 004, §2C, 2-15-00;Ord. No. 2000-038, § IB, 11-21-00;Ord. No. 2002-016, § IC, 4-2-02;Ord. No. 2002-031, § 1C, 11-12- 02; Ori'. No. 2006-014, § 1, 5-16-06;Ord. No. 2007-012, § 1, 3-20-07;Ord. No. 2010-001, §2, 1-5-10;Ord. No. 2012-016, §§4, 6, 7C, 7-10-12) http://library.municode.com/print.aspx?h=&clientID=12232&HTMRequest=http%3a%2fn/o2flibra... 7/12/4 7 Existing and proposed zoning maps and land use map 6,,:,,g Fanuc Land Ux Map f i i i s r" --T r ; 1._V aU Enfuing Z—g Map S-bPd P." a 4 Tr Legend �. zoa RI I -- Proposed Zonmg Map ast kwrr ZOMM Attachment#4 138 ORDINANCE NO. 2013- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±.15 ACRES LOCATED AT 910 9`h COURT S.W. FROM RS-6, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO RM-6, MULTI- FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to-wit: THE NORTH 50 FEET OF THE EAST 135 FEET OF THE TRACT A, POMPEYS SUBDIVISION ACCORDING TO THE PLAT THREROF AS RECORDED IN PLAT BOOK 2, PAGE 69 OF THE PUBLIC RECORD OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINING 0.15 ACRES MORE OR LESS. Is changed from RS-6, Single Family Residential District (up to 6 units per acre), to RM-6, Multi- Family Residential District(up to 6 units per acre). All with the meaning and intent as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department-ofState: ATTArtMENT Pajae 1 of 2 1 �9 ORDINANCE NO. 2013- Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 1 st day of October, 2013. This ordinance was advertised in the Press-Journal on the 16th day of September 2013, for a public hearing to be held on the 1 st day of October, 2013 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Bob Solari, Commissioner Tim Zorc, Commissioner Peter O'Bryan, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: APP VEDAS O FO EGAL SUFFICIENCY County Attorney APP VED AS TO PLANNING MATTERS _L/f 1 .4/ '14b /;VlIe Robert M. Keating, A CP ommun' evelopment Director FACommunity Development\Rezonings\Pompey's subdivision\Ordinance\Ordinance pompey's sub rezoning.doc Pap,e 2 of 2 140 Indian River County Board of County Commissioners October 1 , 2013 Robert Williams Request to Rezone ± 0.15 Acres, from RS-6 to RM-6 Now LOCATION 910 9t" Court S.W. s4ed 0* U , x,7 1,40-k- 1 Purpose • Secure the zoning necessary to use the site with uses that are allowed under the RM-6 zoning district PZC Action On August 22,2013, the PZC voted 4-0 to recommend approval of the request (4d - A- 2 Existing Land Uses • North : RM-6, Pompey's Subdivision • East , West, and South: RS-6 ` e 2 !� (( a i 33�2�AQ25.0 1 E €k d { a_ f% � 33392500QC�Yip](OOW24.0 fl 9 s EES Y• ' I ^� ,. 3339250000l002i�Q010.0 '. Subject Property 333925CbD003PRt.�NJ i �33392soogra3000co No-A- 3 Proposed Zoning Map � v vv E; ELI Criteria Analyzed • Concurrency • Consistency with the Comprehensive Plan • Environmental impact • Compatibility with surrounding uses iyo -A. 4 Concurrency • Exempt from Concurrency Review • No Increase in density • A detailed concurrency review will be done at the time of project development Consistency with the Comprehensive Plan Future Land Use Element Objective 1 and Policies 1 .11 , 2.2 Site's Land Use Designation: L-2 Request is consistent with the Comprehensive Plan 140- 4- 5 Environmental Impacts • Impact will be the same for existing and requested zoning No Adverse Impacts Anticipated YAP. y?. f ,£ Compatibility • North: RM-6, no incompatibilities, • Continuation of that " zoning district • West, East, and South • RS-6 • Residential zoning, no incompatibilities • NO -A 6 Conclusion Requested CL is: • Compatible with surrounding uses • Consistent with the comprehensive plan • Exempt from Concurrency test • No additional environmental impacts • Staff supports the request Recommendation Staff and the PZC recommend that BCC approve the rezoning request from RS-6 to RM-6 by adopting the attached ordinance -4 L) -A 7 FDEP Proposed Surplus of 3 Sites associated with St. Sebastian River Preserve State Park Board of County Commissioners October 1, 2013 Background . The 2013 Florida Legislature has authorized up to $50 million to acquire conservation lands funded by sale of state-owned lands no longer needed for conservation purposes. . To identify surplus lands, the Florida Department of Environmental Protection (FDEP) is undertaking a State Conservation Land Assessment. . Of 95 sites identified statewide, 3 are located in Indian River County (in St. Sebastian River Preserve State Park). s�u 11 Y 7 71 LU d E E> V) (D Q N aL+ ro 0 j i F-- O N C 0 M U X N 4. s- a DRP-30 • Former pasture (south portion +20 Ac); isolated wetlands, flatwoods (north portion) • IRC has petitioned the State in the past (1996) to have this tract surplussed for economic development • Trans-Florida Central Railway: historic resource, MPO designated regional greenway funded by FDOT • SW corner was part of a County/State land swap for construction of a stormwater pond for CR512 expansion (2007-09) a %4 110. b. 3 s„ Alternatives • Keep all 3 sites on the list. • Take all 3 sites off the list. • Take the islands (DRP-49, DRP-50) off of the list, keep DRP-30 on the list except for Trans-Florida Central Railway corridor. • Keep only the southern pasture portion of DRP-30 on the list. NO �. 4 Staff Recommendation . Staff recommends that the Board recommend to FDEP that only the southern pasture portion of DRP-30 (south of the Trans-Florida Central Railway corridor) stay on the surplus lands list. I {0•Q. 5 MAWSCRIPPS TREASURE COAST /D . . I NEWSPAPERS �� Indian River Press Journal i�Ii�t + 1801 U.S. 1, Vero Beach, FL 32960 k7�.. pdpp AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO PLANNING 2554115 9/16/2013 PUBLIC HEARING 10-1-13/9TH CT REZON NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Sworn to,and�subscribed before me,thiS day of, September 16, 2013, by , who is Sherri Cipriani [X] personally known to me or ORIGINAL [ ] who has produced as identification. i '/ a : i,` - Mary T. Byrne Notary Public ... .......... "'.''y MARY T BYRNE s g+= Notary Public-State of Florida �a My Comm.Expires Aug 2,2014 Commission#EE 7134 I'yd • C . �. i DECEASED•UN- days if you in hoar- -opy°r yea:wrla.A al::-n7:.-cobbiy. trust coffin♦ Irt TM- E AWIT INDIAN NIVEH Court-p�-person claiming AUGUST J.RUIZ,at Q KNOWN SPOUSE OF Ing or valca i m- defenses,if any,to it Florida,wherein RA FLORIDA. v (A OF THE 19TH t,Florida wherein y' I, Ary,p, cleimin GEIRID MONOOE; Paired,u11711. counsel for Plain- HOME LOANS SERV•A person clalm(ng anCIA CU y an interest in the sur- 9 Q COLLEEN MONROE;Pub:September 16, tiff,whose address is ICING,L.P.F/K1A interest in the sur- JUDIN AND OR R, TME BANK OF NEW plus from the sale,if Defendantle). an Interact in the aur- SHEILABOOTH- 23,2013 3010 North Military COUNTRYWIDE plus from[he sale,if INDIAN RNER YORKMELLON EW any other than the plus from the sale,II O U ALBERSTADT;SA- TCN2564138 Trail,Suite 300,Bou HOME LOANS SERV- any,other than the THE BANK OF NEW proDerry owner as of any,ether then the MANTRA BROWN; Raton,Florida 33431 ICING,L.P.Ie the property ow"er ea of COUNTY,FLORIDA YORK,AS TRUSTEE the date of the Us NOTICE OF prapeM owner as of U UNKNOWN SPOUSE IN THE CIRCUIT o n r b a 1 3 r e Plaintiff and FRANK the date of the lie CIVIL DIVISION FOR THE CERTIFI- pendens m..t Nle a RESCHEDULED the date of the Lie Of SAMANTHA COURT OF THE OCTOBER 18,2013 JOSEPH LOCICERO; p CASE NO.: CATENOL DE RS claim within sixt FORECLOSURE SALE Pendens must file e indene must fila a Y 312010CA010509XXX CWALT,INC.,ALTER• 60 BROWN;UNKNOWN NINETEENTH (30 day.from Date M 0 R T G A G E claim within 60 deye XXX ( I deya after the claim within sixty r��Y••1� PERSON(S)IN PO JUDICIAL CIRCUIT f Firm Publication of ELECTRONIC REGIS- akar the sale. NATIVE L 0 A N sale. NOTICE IS HEREBY (60)days after the Q Q VJ SESSION OF THE IN AND FOR this Notice)end file TRATION SYSTEMS TRUST 2008-OA18, GIVEN r Linc"t 1l. sale. SUBJECT PR ER. INDIAN RIVER the origincl with the INCORPORATED AS Dated this 19th day WELLS FARGO BANK MORTGAGE PASS- Ronald R Wolfe& an Order fleschedul- TV; COUNTY,FLORIDA clerk of this court ei- N 0 M I N E E FOR of August 2013. NATIONAL ASSO- THROUGH CERTIFI- Associates,P.L. Ing Foreclosure Sale Ronald R Wolfe& Defendants. GENERAL then before service COUNTRYWIDE StacyI Robina,Eaq. CIATION, CATES,SERIES P.O.Box 25018 dated August 14, Auociates,P.L. JURISDICTION that Plaintiffs otter" BANK,N.A.;IUD Bar.NO.:OOB078 Plaintiff, 2006-OA16.is the Tempa,Florida 2013 end entered In P.O.Box 25018 NOTICE OF ACTION DIVISION r I m m a d I a t e I y KNOWN SPOUSE OF vs. Plaintiff and LARRY 33622.5018 Case NO.31-2011- Tampa,Florida CASE NO: thereafter•,otherwise FRANK JOSEPH LO-Submitted Y. JILL WINTERBERG WATERS;VICKY (8131251-4766 CA-001666 of the C(r- 33622.5018 the fallowing T013CA001091 o default will bs en- CICERO NIK/A CAR-K+hana&Asaociaras, A/K/A JILLIAN WIN- WATERS; TENANT By: cult Court of the (813) 251.4768 Detend.ntlal- tared a ainn you far MELD LOCICERO; PA TERBERG; VERO 91 N/K/p BILL WA- Brian R.Hummel NINETEENTH Judi- To 8y Scott R.Un P LAKE ESTATES TERS one the Dafen- Florida Bar No. I Circuit in and for Florida Bar No. NATIONSTAR MORT- the relief demanded CHESTER W.AN-8201 Porins Road, PROPERTY OWN- dents,The Clerk of 48162 INDIAN RIVER Coun- 11277 ALL UNKNOWN GAGE LLC DIB/A in the complaint or DERSON;JOHN Ste.3000„Plantation, ERS,INCORPORAT- the Court will ark to F08000273 NO t,Florida wherein F70011395 NOS HEIRS CREDITORS CHAMPION MORT- petition filed herein. p A L L A D I N 0; FL 33324 E D; UNKNOWN the hi hest end best WELLS F A R G O Requests for Accom- DEVIS�ES,BENEFI• GAGE COMPANY, UNKNOWN TEN-Tale hone: 9 Requests for Accam- CIARIES,GRANT-%aindff, WITNESS my hand ANTISI: IN POSSES-(954382-3486, SPOUSE OF JILLIAN bidder for cash et modations by Per• BANK,NA,is the madottons by Per- EES,ASSIGNEES,vs. and the seal of this SIGN OF THE SUB- Telefeutmile: WINTERBERG;UN- www.tndian-river- sons with Dlublli- P I s i^tiff a^d eons with Diaebili- LIENORS,TRUS-THE U N KN 0 W N Court at County, JECT PROPERTY are (9511382-5380 KNOWN TENANTISI; realforeclose..om at dna.If you ere a per• AUGUST J RUIZ; lien.If you are aper- IN POSSESSION OF 1 0:0 0 A M, o n son with a diseblli KALLIE E RUIZ; con with a disehlliry TEES AND ALL HEIRS,BENEFICIA- Florida,this 9th day defendants. The Casignat.d sarv(ce ty OTHER PARTIES RIES,DEVISEES, of September,2013. Clerk of this Court email: THE SUBJECT PROP- 09/3012013,the fol- who needs any ae• VERO BEACH HIGH- who needs any ec- 00 CLAIMING AN IN- GRANTEES,AS- J.R.SMITH shall..If to the high.notice@kahaneand ERN• lowing described commodation In or, LANDS PROPERTY commodation in or- T E R E S T B Y, SIGNEES,LIENORS, CLERK OF THE set end beat bidder essociatas.com Defendant.. ropertY ae set forth der to participate in OWNERS'ASSOCIA- der to participate in THROUGH,UNDER CREDITORS,TRUS- CIflCUIT COURT for cash elactronlcal-11-08785 NOS Pn o.i d F I n a I this Droceeding,you TION INC.; are the [his Droceeding,you OR AGAINST GEIRID TEES AND ALL 0TH. By: JenniferP r I at www.lndi.n-Requests for A,.om- NOTICE OF Judgment: are entitled,at no Defendant+,The ars entitled, ' no r" 'Y° y FORECLOSURE SALE THE WEST 1/2 OF cost to you,to the x M 0 N R 0 E, D E ERS W H 0 MAY Deputy Gerk Hive r.raalforeclose.c modations by Per- cost to you,to the Clark of t e Dort T CEASED CLAIM AN INTEREST INDIA om In accordance son+with Dlsnbill- TRACT 2236,OF UN- provie(an of certain will sell to the high- erovlalon of certain (RESIDENCE UN- IN THE ESTATE OF Re uest+far Accom- with section 45.031, ties.If you ore a Pm-NOTICE IS HEREBY SURVEYED TOWN- cantata nce.Please at ash best bidder nt ct Court Please rod GIVEN Judgment to SHIP 31.SOUTH, tract Court Admin• ill cash at re.1fod- contact Court Ad NW Q KNOWN) PATRICIA A.flCIA odawith by Per- Florida Sutures he son with o it Final Judgment of RANGE 37 EAST, Ietration,Z50 NW len-river.resifor- Iatrstlon,250 NW A!K!A PATRICIA sone with Disahill- 10:00 AM n the who need Ion ac- Foreclosure dated FELLSMERE FARMS aclose.com et Count Club Drtva, _ YOU ARE NOTIFIED RAPP,DECEASED,et ties.If you are aper- 23rd day of Septum. commodation fn or- Country Club Drive, ry Lr)N Z M Z that an action for al. does. with c diaablll bar,2013,the follow- der to participate in Cha 23rd day of Au- C 0 M P A N Y Suits 217,Part St. 1 0:0 0 A M, o n Sutra 217,Port St. ty goat,2013,and en- ACCORDING TO THE 08/30/2013,the fol- Lucia,FL,34986,772- Foreclosure of Mort-Defendamis) who needs any ac- Ing described Drop- this proceeding,you tared in Caae No. Lucie,70349le 772- gege on the follow- commodation In or- ea set forth In ars entitled,a[no PLAT THEREOF AS 807-4370 at least 7 lowing described 807-4370 at least 7 arty 312010CAO10509XX RECORDED IN PLAT d° before your roper?ce sat forth day.before our Ing described prop- NOTICE OF ACTION- der to participate in ceid Final Judgment, cost to you,to the XXXX,of the Circuit y+ n e a(d F I n a I y arty: CONSTRUCTIVE this ro.eeding,you to wk: provislon of certain BOOK 2,PAGE 1 scheduled court app scheduled court aVV P Court of the 19TH AND 2,PUBLIC RE- rents,or immedF Judgment peararlu,or immedi- y: LOTS 1 AND 2, SERVICE are entitled,at no LOT 10,BLOCK 22, ■a+letsncs.Plsasa Judlcl+l Circuit in CORDS OF ST.LU- pea L BLOCK 7,VALENCIA coat to you,to the SEBASTIAN HIGH. coma Court Admin- ately upon receiving OT T2,BLOCK 29, rely upon receiving PARK,ACCORDING TO:GAIL S.VAN provision of certain LANDS,UNIT 1,A end for Indian River CIE COUNTY,FLORI- Q I+tration 260 NE this notification if the VERO BEACH HIGH- this notification i1 the Ccu.. Florida, DA;SAID LAND TO PLAT THEREOF KAMPEN AIK/A GAIL aseiatcnce.Please SU B OIVI O THE Country Club Drive, wherein WELLS FAR- time before ra the LANDS, Z, time before the RECORDED IN PLAT VAN KAMPEN contact Court Admen- ACCORDING TO THE Sults 217,Port St. GO BANK NATION- NOW LYING AND scheduled appear- ACCORDING TO THE scheduled appear- BOOK 1,PAGE 46,LAST KNOWN AD. istratton,250 NW PLAT THEREOF AS Lucie,FL,34986,772- AL ASSOCIATION to BEING IN INDIAN once is less than 7 PLAT THEREOF,AS an co Is less than 7 PUBLIC RECORDS DRESS:555 20TH Country Club Drive, RECORDED IN PLAT 807-4370 at least 7 RIVER COUNTY, deya if you are hear• RECORDED IN PLAT days if you are hear- OF INDIAN RIVER. STREET,VEflO Suite 217,Port St. BOOK 6,PAGE 15, deya before your the Plaintiff and JILL FLORIDA. Ing or vo I. im- BOOK 5,PAGE 78, Ing or voice im- L WINTERBERG A/K/A p/K/A 13295 83RD aired,call 711. OF THE PUBLIC RE• paired,.al1711. COUNTY,FLORIDA. BEACH FL 32960; Lucie,FL,34886,772- PUBLIC RECORDS scheduled court ap- D Z AIK/A 4225 13TH ST, 1700 WATERFORD 807.4370 at least 7 OF INDIAN RIVER parents.or immedi- JILLIAN WINTEfl- STfl EET,FELLS-pub:September 16, CORDS OF INDIAN pub:September 18, VERO BEACH, OR,9304,VERO days before your COUNTY,FLORIDA. erely upon receh, BERG; VERO LAKE MERE,FL 32948 23,2013 RIVER COUNTY, 23,2013 FLORIDA 32960 BEACH,FL 33960; scheduled court e0- this notification If the ESTATES PROPERTY Any person claimin9 TCN2554268 FLORIDA TCN2554269 C O ANY PERSON CLAIM- time before the OWNERS,INCOflPO- en inramst In the aur- A/K/A 509 20TH C RATED;UNKNOWN us from the sale,if IN THE CIflCUIT PLACE SW,VERO IN COU CIRCUIT ING AN INTEREST I scheduled appear- SPOUSE OF JILLIAN W COURT OF THE COURT OF THE THE S U R P L U 5 ansa is lass then 7 any,other than the BEACH,FL 32962 z_ ORDINANCES ORDINANCES ORDINANCES WINTERBERG;UN- r owner as of NINETEENTH qty pareon claiming NINETEENTH Z 0 &PETITIONS 8 PETITIONS 8 PETITIONS FROM THE SALE,IF doye o you are hear- D oparty JUDICIAL CIRCUIT JUDICIAL CIRCUIT ANY,OTHER THAN Ing or volts tm• KNOWN TENANTISI: the date of the Lls an interest in the eur- T H E P R 0 P E R T V paired,call 711. IN POSSESSION OF pendens must file a IN AND FOR INDIAN plus from the sale,if IN AND FOR INDIAN f!1 IV Q BEFORE THE BOARD OF COMMISSIONERS OWNER AS OF THE Pub:September 9,18, THE SUBJECT POOP- claim within atxty RNER COUNTY, any,other than the RIVER COUNTY, �f/^� INDIAN RIVER COUNTY DATE OF THE LIS 2013 ERTY are Befit (60)day.after the FLORIDA property owner es of FLORIDA Q VJ U NOTICE OF REZONING-PUBLIC HEARING PENDENS MUST TCN2561841 dente. Ths Clerk of a.la. CIVIL ACTION the dale of the Lfs CIVIL ACTION FlLE A CLAIM WITH- this Court shall se11 CASE N0: pendens must file o CASE NO.: The Board of County Commissioners of Indian River Court Flod- IN 60 DAYS AFTER IN THE CIRCUIT to the highest end Ronald R Wolfe& 31-2008-Cq-0858 lei within sixty 31-2010-CA-010459 ry. COURT OF THE best bidder for cash Associates,P.L. DIVISION: (60)days after the DIVISION: de,will consider the adoVfion of a count ordinance rezoningg lend THE SALE. NINETEENTH eleetronleally at P.O.Box 25018 sale. within the unincorporated pore no of Indian River Coun�. A pub- JUDICIAL CIRCUIT www.I ndl.n-Rtvar. T.in .,Florida BANK OF AMERICA, WACHO CO MORT- 1.hearing st vieeh tie? es in in[eran end citizens she 1 have an Dated this a day of IN AND FOR .reeforeclose.c..in 33622-5018 NA., Ronald R Wolfe& GAGE CORPORA- apponuniry to be heard,will be held on Tuesday October 1,2013, August 2013- INDIAN RIVER sccordance with neo- (8131 251<786 Plaintiff, Associate.,p,L TION, at 900 a.m.in tit•County Commission Chambers of the County By:Broca K.Fay COUNTY, FLORIDA tion 45.037,Florida BY.G P.O,Bax 25018 Plaintiff, Administration Building A,located at 1801 27th Street,Vero Bar N bar.97308 CNIL ACTION Statutes at,1000 AM Brian R.Hummel GUILFORT DIEUVIL, Tempa,Florida Beach,Florida. The proposed ordinance to rezone the subject Submitted by: CASE NO.: on the 30th day of Florida Bar No. a el, 336223018 THE UNKNOWN Property is en[ftl.d: Law Office of 312012CA001770XXX September,2013,Ch a 46162 Daend.00. 1813) 251.4766 HEIRS,DEVISEES, Choice Legal Group, GRANTEES,AS- XXX following described Fl...W NOB By:Trent A.Kennelly (Quasi-judicial) PA• Fro any as set forth Requests for Ac.om- Florida Bar IN SIGNEES,LIENORS, AN ORDINANCE OF INDIAN RNER COUNTY,FLORIDA,AMENDING 1800 NW 49th Street CITIMORTGAGE,INC. P said F i n e I modations by Par• NOTICE OF 0089700 CREDITORS,TRUS- THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING Suite 120 Plaintiff, Judgment,to wit: sone with Dieab(II- RESCHEDULED F10104768 NOS TEES,OR OTHER MAP FOR APPROXIMATELY.15 ACRES LOCATED AT 910 9th Ft Lauderdale,FL vs LOT 4, BLOCK E, ties.If you area per• FORECLOSURE SALE Requests for Accom- CLAIMANTS CLAIM- COURT S.W.,FROM RS-8,SINGLE FAMILY RESIDENTIAL 33309 STEPHEN A.RING,at VERO LAKE ES- son with•di.abiltry modations by Per- ING BY,THROUGH, DISTRICT(UP TO 6 UNITS)ACflEI.TO RM-6,MUL71•FAMILY REST- Tel:(954)453.0365 al TATE S UNIT I, who needs any ac-NOTICE IS HEREBY on+with Olasbill- U N D E R, 0 B DENT DISTRICT(UP TO 6 UNITS/ACRE);AND PROVIDING DESIGNATED Defendants. ACCORDING TO THE commodels"In or- GIVEN pursuant to ties.if you ere aper- AGAINST ROGER M COD FICATION,SEVERABILITY,AND EFFECTIVE DATE. PRIMARY E-MAIL PLAT THEREOF,AS der to pertl.ipate in an Order Reschedul- s n with a dicahrlity FERGUSON A/K/A FOR SERVICE NOTICE OF RECORDED IN PLAT this proceeding,you Ing Foreclosure Sale who"soda any ac- ROGER W.FERGU- The razaning app,,catton may be inspected by the public at the PURSUANT TO FLA. FORECLOSURE SALE BOOK 5,PAGE 69, are entitled,at no dated August 14, .ommoda[ion in or- SON A/K/A ROGER !� Community Development DeVart_an t of the County Adminlctro- R.JUD.ADMIN 2518 OF THE PUBLIC RE- coat to you,to Cha 2013 and entered to der to part(eipits in WILLIAM FERGU- tion Building A,located et 1801 27th Street Varo Beach,Florida, ecerviu@ NOTICE IS HEREBY CORDS OF INDIAN provf+lon of certain Ceea N0.31-2008- the+Droceeding,you SON,DECEASED,ct O between the hours of 8:30 e.m.and 500 pm.on weekdays. For clegelgroup.mm GIVEN pursuant to a RIVER COUNTY, assistance.Please CA-0968 of the Cir- are entitled,at no al, mora intormctlon,contact Susan Rohan("1772)2261250. 09-13823 MOS Summery F I n a I FLORIDA. "tact Court Admin- cult C°u rt of[he cost to you,to the Dafendant(s). N No[Ica to Pe recta Judgment of fora.lo- Ietration,250 NW NINETEENTH Judi- provision of certain The Board of County Commissioners may adopt another zoning with Dil.1el ties;If sure dated August ANY PERSON CLAIM• Country Club Drive, al Ctr.uit in and for asatatance.PI.... diaries,other than the district r*qy aid,provided that the adopt- you are Parson 14,2013,and entered ING AN INTEREST I Suite 217,Pon St. INDIAN RIVER Court. contest Court Admin NOTICE OF ed zoning distela is consistent with the county's comprehensive with a disabi itY who I n Cass N o. THE S U R P L U S Luae,F4 34988,772- WA Florida wherein Ietration,260 NW RESCHEDULED plan dads ahy accornmo- 312012CA00177OXX FROiM 1HE SALE,IF (i FORECLOSURE SALE detlon to order to 807-4370 at least 7 WA OF AMERICA, Country Club Drive, An one who me wash to a I any decision that may be made a participate in this XXXX of the Circuit ANY,OTHEfl THAN deya before your NA.,is the Plaintiff Suits 217,Port St. this meeting y PP++ Court of NINE. THE PROPERTY scheduled coup epp- end GUILFO RT Lucie,FL,34986,772-NOTICE IS HEREBY r� g will need to ensure that a verbatim record of the pro- proceeding,you ere 7EENTH Judicial Cir- OWNER AS OF THE :..ran_,or immedi- DIEUVIL;MAGDA- 807-4370 at leant 7 GIVEN pursuant[o caedings is made,which Inciudea the testimony end evidence emhled,at no cost to it to and for INDI- DATE OF THE LIS taly upon receeving GENE DIE deya before your +n Order Reschedal. upon which the appeal is based. you're the provision qty RIVER COUNTY, PENDENS MUST this natiFxadon If the BANK OF AMER[CA; scheduled court e�- ing Foraciasure Sele of certain essietancs. Florida,wherein FILE A CLAIM WITH time before the FALCON TRACE Poor._ or immedi- dated August 14, L Anyone who needs a spe.iel eccommodetion for thio meeting must Please contact Corrie CITIMORTGAGE, IN 60 DAYS AFTER scheduled appear. HOMEOWNERS AS- Lely upon r...heng 2013 and entered In contact the County's Americans with Disabilities Aa Coordinator Johnson,ADA Coor• LNC.,(s Plaintiff,and THE SALE. once is less than 7 SOCIATION,INC.; this notlfwatian it the Case N0.31-2010- at(772)2261223(TDD9 772-770-5215L at least 48 hours in ad- dinator,250 NW STEPHEN A.RING, days if you are hoer- ars tit+Defendants, time before the CA-010459 of Cha pr- vonce of the meeting. Country Club Drive, et al are Defendants,Dated this 27 day of ing or voice(m- The Clerk of Cha scheduled appear- cult Court of the Suite 217 Port St. the clerk will ell to August,2013. Retrad,ca11711. Court will Ball to ma once's less than 7 NINETEENTH Jud(- Lucie,Ft 34988, the highest end best 8y Bruen K.Fay pub:September 18, highest and bort bid- days if you are hear- 1 Circuit in and for II dist River County 1772)807.4370 at bidder for cash,be- Bar N- bar.87308 23,2013 der for cash at Ing r voice im- INDIAN RIVER Coun- Board of Co ry Commissioners least 7 doye before ginning et 10:00 AM Submitted byy. TCN2554247 www.indlan-river• paned,ca11711. tyy Florldo wherein your scheduled court e[www.indian-river-Law Office of .malforeclosexom at pub:September 18, VYACHOVIA MORT- +.+..ua.,pw appearance,or Im- -realforeclose.com,(n Cholce Legal Group, IN THE CIRCUIT 1 0:0 0 A M, n 23,1013 GAGE CORPORA. ^+ mediately upon re- accordance with P.A. COURT OF THE 09/30/2013,the fol- TCN2554266 TION,is the Plaintiff W .civ it?this notifice• Chapter 45,Florida 1800 NW 49th Street, NINETEENTH lowing described .'rd THE UN, Uon if the time be- Statutes,on the 30 Suite 120 JUDICIAL CIRCUIT roperry as set forth IN THE CIRCUIT KNOWN HEIRS,OEV- �J fore the scheduled n a s I d F i n a l COURT OF THE (SEES,GRANTEES, ] a dayy of Sa�tem bar,Ft Lauderdale,fL IN AND FOR INDIAN P r- appearance ie less 8013,the fallowing 33308 RNER COUNTY, Judgment: NINETEENTH ASSIGNEES,LIE- than 'r,'" deya;if you described property Tal:(954)463-0365 FLORIDA LOT 218,FALCON JUDICIAL CIRCUIT NORS,CREDITORS, are hearing or vole ae set forth to said DESIGNATED CNIL ACTION TRACE-PLAT ONE, IN AND FOR INDIAN TRUSTEES,OR OTH- impaired,call 711. If F I n•I PRIMARY E-MAIL CASE NO.: ACCORDING TO THE RIVER COUNTY, E R CLAIMANTS «�.n Pub:September 9,18, Judgment,to wit: FOR SERVICE 2008 CA 010328 PLAT THEREOF,AS FLORIDA CLAIMING B Y, 2013 A artment Unit t,PURSUANT TO FLA. DIVISION: RECORDED IN PLAT CIVIL ACTION THROUGH,UNDER, TCN1651839 �uilding G2,TIMBER R.JUD.ADMIN 2.518 BOOK 78 AT PAGE CASE NO.: OR AGAINST ROGER �u(� ¢ IN THE CIRCUIT RIDGE VILLAGE I,a eservice@ THE BANK OF NEW 64,OF THE PUBLIC 31-2010-CA-010780 FERGUSON A/K/A tt COURT OF THE 19TH Condominium,clagelgmuP.com YORK AS SUCCES• RECORDS OF INDI- DIVISION: ROGER W.FERGU- JUDIpALCIRCUIT, according to the Qac-10-06178 NOS SOR IN INTEREST AN RIVER COUNTY, SON A/KIA ROGER a IN AND FOR lanlion of Condo-Notice to Persons TO JP MORGAN FLORIDA. CHASE HOME FI- WILLIAM FERGU• a INDIAN RIVER minium thereof,re. with Disabilities:If CHASE BANK N.A.A/K!A 1870 SW NANCE U.C. SON,DECEASED; a COUNTY,FLORIDA corded in Offici.f R. you are a Person AS TRUSTEE FOR SPOTTED 0 W L%ainGff, BRYAN SANTY,AS CIVIL DIVISION cords Book 705, with a dtaabt(ry who THE HOLDERS OF DR I V E VERO va AN HEIR OF THE ES- G45E N0. Page 653 of the Pub needs any accommo- SAMI el 7AUST 2006 BEACH,EL 32982•JASON CAMBfl ON TATE OF ROGER • -. 31-2012-CA- lit Records of Indian dation in order to AR2 MORTGAGE 8605 A!K/A JASON T. FE RGUSON A/KIA • - By s Jonph FI Scher;Chairman 0004�XXXXXX River County,Flori- participate in this PASSTHROUGH Any,person claiming CAMBRON,at al, ROGER W.FERGU- P da,and any amend- proceeding,you-are CERTIFICATES,SERIE an tmereat in tha sur-Defendard(4 SON AIK/A ROGER O P b:September i6,2013 TCN2554115 FEDERAL NATIONAL menta thereto. entitled,rt no tort to S 2006Afl2, plus from Ne sale,if WILLIAM FERGU- 5 MORTGAGE ASSO-Any person claiming you,to the provision Plaintiff, any,other than the SON,DECEASED; 140 .E 1 . PUBLIC HEAIZING OR TRANSMITTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DV<RVMENT HEAD CONCURRENCE: Ro ert M. Keating, A CP; Commun' Development Director THROUGH: Stan Boling, AICP Planning Director FROM: Sasan Rohani, AICP Chief, Long-Range Planning DATE: August 28, 2013 SUBJECT: County Initiated Request to Amend the Text of the Potable Water and Sanitary Sewer Sub-elements of the County's Comprehensive Plan It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 1, 2013. DESCRIPTION AND CONDITIONS This is a county-initiated request to amend the text of the Potable Water and Sanitary Sewer Sub- elements of the county's Comprehensive Plan.The purpose of this amendment is to revise Policy 5.7 of the Potable Water Sub-element and Policy 5.8 of the Sanitary Sewer Sub-element to modify certain policy provisions that allow properties that lie outside the Urban Service Area(USA)to be connected to centralized water and sewer main lines under certain conditions. • Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's Comprehensive Plan regulates the frequency with which the county may amend its Comprehensive Plan. According to the County's Comprehensive Plan, plan amendments are limited to four times per calendar year.For that reason,the county accepts general plan amendment applications only during the "window" months of January, April, July and October. In this case, the subject application was submitted during the July 2013 window. No other general plan amendment applications were received in that window. The procedures for reviewing a Comprehensive Plan amendment involve several steps. First, the Planning and Zoning Commission,as the Local Planning Agency,conducts a public hearing to review the request. At that hearing, the Commission snakes a recommendation to the Board of County Commissioners to approve, approve with modifications, or deny the requested amendment. F:'.Community DevclopmenAComprehensive Plan Text AmendmentWuly 2013,PW policy 5.7 and SS policy 5.8VStalTrepor1ABCC staff report(10-1-13).doe 1 141 Following the Planning and Zoning Commission action,the Board of County Commissioners conducts ( two public hearings. The first of those hearings,known as the transmittal hearing, is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the Comprehensive Plan amendment is transmitted, state and regional review agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board of County Commissioners public hearing,known as the adoption hearing,is conducted. If the Board approves the request at the final hearing, then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Pianning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. At its regular meeting of August 22, 2013, the Planning & Zoning Commission voted 4-0 to recommend that the Board of County Commissioners approve the proposed amendment with changes (see attachment#7). The PZC's recommendation and reasoning for its recommendation are described later in this report. The subject public hearing is the second step in the Comprehensive Plan amendment process. At this time, the Board of County Commissioners must decide whether or not to transmit the proposed amendment to state and regional review agencies. BACKGROUND • Purpose of the Urban Service Area & Connection Policies Since 1990, Indian River County has had a designated Urban Service Area (USA). Located almost entirely east of interstate 95, the USA is that portion of the county where urban services and facilities are provided. As such, the USA is that part of the County which can accommodate higher intensity development. While the principal purpose of the Urban Service Area is to establish where urban facilities such as water and sewer lines are constructed and where urban services are provided,the USA also serves as an urban growth boundary. In that capacity, the USA serves as the area in which urban development is encouraged, and outside of which urban development is prohibited. In its present position,the Urban Service Area boundary provides a clear delineation between urban and rural areas. Since the uses allowed outside the USA are limited to extremely low density residential uses or clustered development,as well as agricultural and natural uses,the USA serves to maintain the rural character of the land outside the urban service area. For that reason, the USA provides an important function in directing urban and rural development to appropriate locations. An important aspect of the County's Comprehensive Plan and Future Land Use Map is to direct residential,commercial,and industrial growth to property inside the Urban Service Area. In so doing, the plan ensures that infrastructure investments are made in an efficient and cost effective manner, while urban development occurs in a generally compact pattern. FACommunity DevelopmentWomprehensive Plan Text AmendmentsUuly 2013,PW policy 5.7 and SS policy 5.8\Staff reports\BCC staff report(10.1.13).doc 2 142 In the Future Land Use Element of the Comprehensive Plan, there are several Urban Service Area policies. Those policies primarily focus on services provided within the Urban Service Area,densities allowed within and outside of the Urban Service Area, and uses allowed inside and outside the Urban Service Area. Those policies also address Urban Service Area expansion. As to the restriction of public facilities outside of the Urban Service Area, that issue is addressed in both the Potable Water Sub-Element and the Sanitary Sewer Sub-Element of the Comprehensive Plan. Through Policy 5.7 of the Potable Water Sub-Element and Policy 5.8 of the Sanitary Sewer Sub- Element,the Comprehensive Plan essentially limits the provision of centralized water and sewer service to areas within the Urban Service Area. Although those policies limit water and sewer service to areas within the USA,each of the policies has a list of exemptions to the overall rule of prohibiting water and sewer outside of the USA. Exemptions to the prohibition of providing water and sewer service outside of the USA are limited. Those exemptions include an allowance for uses, such as agricultural businesses and agricultural industries,which typically and appropriately locate in rural areas. The exemptions also apply to types of uses,such as clustered developments and new town projects,which the County encourages. Finally, there are exemptions for properties with a high risk of private well contamination and properties that are contiguous to (touching) the USA boundary. • Initiation of Amendment Request At its meeting of June 18, 2013,the Board of County Commissioners(Board)heard from a number of property owners who reside along 66th Avenue, south of 16th Street,and currently get their water from individual on-site wells. Those residents expressed a strong desire to connect their homes to a county water line that is being installed along 60h Avenue as part of the 66th Avenue road paving project. Because those residents own properties that are located outside of the Urban Service Area(USA) and not contiguous to the USA boundary, they cannot connect their homes to county water under current Comprehensive Plan Potable Water Sub-element Policy 5.7. During the June 18th meeting, County Planning staff explained the purpose of the USA and the USA- related connection policies. After hearing from residents and planning staff,Board members discussed the merits of allowing residents with"bad water"to connect to an adjacent water line that is planned to be installed with the 66th Avenue road project. In the end,the Board directed staff to take two actions. For a long term comprehensive solution to water connection for properties outside the USA,the Board directed staff to assess Comprehensive Plan connection policies and report back to the Board. To address the near term issue of connecting 66th Avenue residents to County water, the Board directed staff to coordinate with the Health Department to determine if the 66th Avenue residents qualify for connection based on the policy exception for properties with contaminated water(see attachment#1). Consistent with the Board's direction, staff coordinated with the Health Department, assessed the county's Urban Service Area policies,including water and sewer connection policies,and reported back to the Board at its July 16, 2013 meeting. At that meeting, staff reported that, although the Health Department concurred that well water along 66th Avenue was not high quality, the water is not contaminated based on the constituents that the Health Department tests for. Consequently, staff informed the Board that residents along 66th Avenue do not qualify to connect to county water lines based on Policy 5.7's connection allowance for sites with contaminated wells. Also at the July 16th meeting,staff presented its connection policy assessment and three policy options. Those options were: FACommunity Development\Comprehensive Plan Text Amendments\luly 2013,PW policy 5.7 and SS policy 5.8\Staff reports\BCC staff report(10.1-13).doc 143 I. To make no change to existing connection policy provisions. 2. To allow water and sewer connections outside the USA without restrictions or conditions. 3. To allow connections outside the USA for properties adjacent to or near main water/sewer lines but not contiguous to the USA boundary. In the end, the Board directed staff to initiate the process to amend Comprehensive Plan connection policies to allow properties lying outside the USA to connect to major utility lines if located near those lines, regardless of whether or not the properties are contiguous to the USA boundary(see attachment #2). In response to that direction,staff initiated the formal comprehensive plan amendment process and drafted proposed changes to water and sewer connection policies (see attachment#8). • Current Urban Service Area Policies As structured, the County's Urban Service Area policies, which include water and sewer connection policies, address both growth management and utility system expansion issues. From a growth management perspective, the Urban Service Area establishes the urban and rural areas of the County based on where urban services are provided. From a utility system expansion perspective, the urban service area guides utility system design by establishing a set service area where transmission mains, pump stations, storage tanks, and other system components will be constructed. USA—Growth Management Because the Urban Service Area establishes the basis for setting land use designations, it is a determining factor of where higher densities are allowed. That relationship between the USA and higher density development is appropriate because higher density development requires urban services, particularly centralized water and sewer service. Consequently,areas without water and sewer service are not appropriate for urban type development,while those areas with water and sewer service can be appropriate for higher densities. To ensure that water and sewer service is not generally expanded outside of the USA,thereby creating a de facto USA expansion, staff consistently applies the Comprehensive Plan's Urban Service Area policies. As a result,there are no rural areas of the County that would qualify for USA expansion and therefore higher densities based on the existence of water and sewer service. In order to maintain the integrity of the Urban Service Area, it is important for the County to amend its connection policies in a manner that limits the geographic area and geographic extent of properties that lie outside the USA and are allowed to connect to water and/or sewer lines. USA—Utility System Expansion Since the County adopted its Urban Service Area in 1990,the USA has been the basis for utility system expansion. Essentially,the USA established the area where water and sewer service would be provided and the area where it would be prohibited. By so doing,the Urban Service Area has provided the basis for effective utility system planning and capital improvements programming. R\Community DevelopmenAComprehensive Plan Text Amendments\July 2013.PW policy 5.7 and SS policy 5.8\Staff reports\BCC staff report(10-1-13).doc 4 144 Because of the Urban Service Area,the utilities system has grown in an efficient and effective manner. That has involved providing water and sewer service in the higher density urban areas, and limiting utility service outside of the USA. By so doing, the utility system has avoided some of the problems that occur when water system expansion extends into rural areas. Generally, higher costs result when water systems are designed to provide adequate fire flow in areas without the density to utilize the capacity in the transmission mains and other system components necessary to maintain fire flow. In low density/low demand areas,lower velocities flow through mains designed for optimum fire flow, resulting in more detention time for the water and a deterioration of chlorine residue. The result is poor water quality. To address that problem,the utility department has to flush lines on a regular basis, resulting in a loss of saleable potable water and higher operation and maintenance costs. Flushing is not an issue for main water lines that are part of a"looped" system. As indicated in the attached email from former Utilities Department Capital Projects Manager Mike Hotchkiss, there are various system efficiency and service quality issues to consider when extending water service outside of the USA(see attachment#4). According to Mr.Hotchkiss,those issues range from higher costs to lower water quality. Therefore, it is important for the County to amend its connection policies in a manner that efficiently uses existing main lines that are part of a looped system and avoids creation of an inefficient system of county-owned lines that serve only low density areas. • Proposed Amendment With the changes proposed by staff, Policy 5.7 of the Potable Water Sub-element(see attachment#8) will allow connection to the county's centralized system for properties that lie outside of the USA and are located within 500 feet of an existing centralized potable water main distribution line that is part of a looped system. Areas outside of the USA that qualify for connection will be subject to the following criteria: ❑ At least a portion of the connecting site (property) must be located no more than 500 feet from an existing water main distribution line. 0 The provision of centralized potable water service to a property cannot be used as justification for an increase in the property's maximum density as shown on the Official Future Land Use Map. ❑ In no case will potable water lines that are part of the county-owned system be permitted to extend more than 500 feet from any water main distribution line. 0 Any and all costs associated with connecting a property to the potable water system, including costs associated with survey, design, permitting, construction, restoration, inspections, and certifications, will be borne by the owner of the connecting property. Changes proposed to Policy 5.8 of the Sanitary Sewer Sub-element are similar to the changes proposed to policy 5.7 of the Potable Water Sub-element as described above. FXommunity Development\Comprehensive Plan Text AmendmentsUuly 2013,PW policy 5.7 and SS policy 5.8\Staff reports\BCC staff report(10.1-13).doc 5 145 ANALYSIS As structured, the proposed amendment expands the current connection exception by allowing properties within 500 feet of an existing main line to connect to centralized water or sewer service(see attachment#8). To ensure that the County utility system remains efficient with high quality service,the proposed policy includes a 500 foot maximum distance standard applicable to extension of county- owned lines. That 500 foot distance maximum, which is supported by the Department of Utility Services, limits the geographic extent of the county-owned system to an area within 500 feet of a looped main line and thereby ensures continuation of a compact and efficient public system. As proposed, the 500 foot limitation is the maximum distance Utility Services believes should be allowed for extension of the county-owned system outside the Urban Service Area. By limiting the distance that the county-owned system can be extended from a main line,the county can lessen the water quality and system maintenance problems that would result from having a more extensive public system in a low density area. Given that property owners located more than 500 feet from a main line may want to connect to the centralized utility system via privately-owned lines, staff evaluated that possibility. In its evaluation, staff focused on issues associated with extending private service lines beyond the county-owned system to non-adjacent properties. Currently,main lines outside the USA are located within county rights-of-way. Most of those lines are along thoroughfare roads, such as 66th Avenue, Oslo Road,and 77th Street(see attachment#5). While connecting properties adjacent to the main line is relatively straight-forward, with a connection point 4L and meter provided in the right-of-way immediately in front of the connecting parcel, connecting a property that does not immediately front the main line is more problematic. In that case,the connecting property is separated from the main line by intervening property,and a private service line must be run a considerable distance from the end of the county system (the meter), past or across the intervening property, to the connecting property. That private service line typically consists of a 2" PVC line installed by a property owner's contractor. Generally, that private line must be located (buried) in a county road right-of-way in order to access past the intervening property to the connecting property. In that case, the private service line must run along the length of the county right-of-way, parallel to the road and underneath driveways, to the connecting property. According to the Public Works Department, long runs of private water lines within the road right-of- way create conflicts with maintenance and construction activities that occur along roadways. In addition, the Utility Services Department has verified that a property owner can have a difficult time maintaining a long service line and can experience a significantly high water bill if a leak or break goes undetected or is difficult to pinpoint and repair. Thus, long runs of private service lines can cause problems for the county and for residents. In its evaluation, staff considered various maximum distances that a property can be from a main line and connect to the county owned system. Those maximum distances were 500 feet, 1,000 feet, and 2,500 feet. In evaluating distance standards, staff identified the general size and layout of parcels located outside the USA in order to develop a typical connection scenario. IL In the area of the county east of I-95,most properties outside the USA are 5 acres or larger in size and have dimensions of roughly 330' x 660'. Usually,those five acre parcels are oriented with a 330' width along a road right-of-way. Consequently, a typical parcel arrangement outside the USA results in one parcel every 330 feet. Under that arrangement, a property that does not front on the main line is FACommunity Development\Comprehensive Plan Text AmendmentsVuly 2013,PW policy 5.7 and SS policy 5.8\StalTreports\BCC staff report(10-1-13).doc 6 146 separated from the main line by one or more 330 foot wide intervening parcels. Thus, a property separated from the main line by one intervening parcel would typically be within 500 feet of the main line, while a property located 1,000 feet from the main line would be separated from the main line by two or possibly three parcels. A property located 2,500 feet from a main line would be separated from the main line by as many as seven intervening parcels. Based on the scenario described above,where the county-owned system is extended a maximum of 500 feet from a main line,four standard 5 acre(330 foot wide)parcels,including two parcels not adjacent to the main line, could connect to the county centralized system. A 1,000 foot standard would allow connection of 3 to 4 additional parcels not covered under a 500' standard,resulting in a total of 6 to 8 connections. Finally, a 2,500 foot standard would allow connection of an additional 8 parcels not covered under a 1,000' standard, resulting in a total of 16 connections. Attachments 6A,613,and 6C illustrate how parcel layout,limited right-of-way width,and distance from a main line affect connections. That attachment depicts the 66th Avenue main water line, distance marks going west along 12th Street from that line(500' at the green mark; 1,000' at the yellow mark; 2,500' at the red mark), and the actual lay-out of parcels along 12th Street west of 66th Avenue. In addition, the attachment shows individual parcels on both sides of 12th Street and labels those parcels A-D and 1-11. Unlike most areas of the county outside the USA, the parcel layout shown in attachments 6A, 613, and 6C include a number of parcels that are significantly narrower than the conventional 330' width; therefore,attachments 6A,6B,and 6C do not illustrate a worst case scenario with respect to distances along or across intervening parcels. As illustrated by the attachment,a county-owned line extending 500'west of the 66th Avenue main line would serve four parcels (parcels A, B, C, and D). The attachment also shows that, at a point 1,000' west of the 66th Avenue main line (at the yellow mark), three additional parcels along 12th Street (parcels 1,2,and 3)could be served if properties within 1,000' of a main line were allowed to connect. In addition,the attachment shows that,along 12th Street within 2,500' of the 66th Avenue main line(at the red mark),there are eight more properties(parcels 4-11)that could be connected if properties within 2,500' of the main line were allowed to connect. Finally,the second and third pages of the attachment show the limited 12th Street right-of-way (30' width)west of parcel A and show that service lines for properties on the south side of 12th Street would be located in the road right-of-way on the north side of 12th Street(the south side of the road is water control district right-of-way in which utility service lines would not be permitted)and would cross the sub-lateral canal. In the area along 12th Street depicted in attachment 6,the multiple private service lines that would be needed to connect parcels 3 -11 to the 66th Avenue main line would compete for space with the actual + 20' wide roadway and with each other within the limited 30 foot 12th Street right-of-way. In fact,the attachment illustrates that multiple lines probably cannot fit into such a limited space. Based on its analysis, staff concluded that establishing a 500 foot maximum distance between the main line and the nearest point of a connecting property will not result in significant right-of-way conflicts since there will be only one county-owned utility line in the right-of-way for that 500 foot distance. For 1,000 foot or 2,500 foot maximums, however, the result would be significant conflicts from multiple private service lines with long parallel runs sharing the same limited right-of-way space with road and driveway improvements. Therefore,staff supports establishing a 500 foot maximum distance between a main line and the nearest portion of a connecting property. FACommunity Development\Comprehensive Plan Text AntendmentsVuly 2013,PW policy 5.7 and SS policy 5.8\Staff reports\BCC staff report(10-1-13).doe 7 147 Consistent with the Board's discussion and the amended motion passed at the July 16, 2013 meeting, 4W the proposed amendment includes a provision that all costs associated with a connection are borne by the benefitting property owner. That criterion ensures proper funding for the connection and fairness with respect to existing system users. Even that provision, however, will be difficult to implement in some cases. As shown in attachments 6A, 6B, and 6C, lots B and D directly abut the 66`h Avenue main line. Therefore, those parcels could directly connect to the main line. In that example,parcels A and C are within 500' of the main line and could connect to the county system. That connection,however,would require a county water line extension several hundred feet west of the 66`h Avenue mainline. Although the extended line would be installed in the right-of-way adjacent to parcels B and D, the owners of those parcels would not be required to financially participate in a line extension project because those owners would already have service directly from the main line and would not benefit from the extension. Consequently, the owners of parcels A and C would be charged the cost of extending the water line along the frontage of parcels B and D. • PZC Recommendation The PZC considered staff's proposed amendment, scenarios evaluated by staff as depicted in attachments 6A, 613,and 6C,and scenarios where the owner of a remote connecting property obtains a private easement or"slivers"of private property from intervening parcels in order to access and connect to a main line. After discussion, PZC members concluded that extending the county-owned system 500' out from a main line was not efficient. Furthermore, PZC members concluded that extensive private service line runs could lead to maintenance problems and even water pressure and water quality issues for the customer. In the end,the PZC recommended that the Board adopt a revised amendment, allowing connection only for properties immediately adjacent (contiguous) to a main line (see attachment#7). • Consistency with the Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the"Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan. For a proposed amendment to be consistent with the plan,the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions,including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3 of the Future Land Use Element. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. That policy requires that at least one of four criteria be met in order to approve a comprehensive plan amendment request. Those criteria are: FACommunity Development\Comprehensive Plan Text AmendmentsVuly 2013,PW policy 5.7 and SS policy 5.8\S1afPrepons\3CC staff report(10-1-13).doc 8 148 � • Thep roposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites,and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed comprehensive plan amendment meets Policy 14.3's first criterion. When Policy 5.7 of the Potable Water Sub-element and Policy 5.8 of the Sanitary Sewer Sub-element were adopted, those policies were structured to be too restrictive and did not adequately address properties outside the USA that lie adjacent to or near existing main lines but are not contiguous to the USA boundary. In retrospect,it appears that limiting connections to centralized water and sewer services to the extent that Policy 5.7 of the Potable Water Sub-element and Policy 5.8 of the Sanitary Sewer Sub- element currently do was an oversight. The subject amendment will correct that oversight. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason,staff evaluated the subject request for consistency with all applicable plan policies and objectives, including Urban Service Area policies. Based upon that i analysis, staff determined that the request is consistent with the County's Comprehensive Plan. CONCLUSION Staff s position is that amending Policy 5.7 of the Potable Water Sub-element and Policy 5.8 of the Sanitary Sewer Sub-element as proposed is warranted and is needed to allow connection to centralized water and sewer services for properties outside the USA that are not contiguous to the USA boundary but are within a limited distance of existing main lines that serve the overall utility system. As structured,the revised policies provide connection opportunities and"relief'for certain properties that lie adjacent to or near main lines while limiting the area where connections are allowed and preserving the efficiency and function of the county's water and sewer systems. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners: 1. Adopt the attached resolution for transmittal of the proposed comprehensive plan text amendment to the state and regional review agencies. 2. Announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. ATTACHMENTS: 1. Minutes from the June, 18, 2013 BCC Meeting 2. Draft Minutes from the July 16, 2013 BCC Meeting 3. Comprehensive Plan Text Amendment Application 4. Email from Utilities Department Capital Projects Manager R\Community Development\Comprehensive Plan Text AmendmentsVuly 2013,PW policy 5.7 and SS policy 5.8\S1af reports\BCC staff report(10-1-13).doc 9 149 4. Email from Utilities Department Capital Projects Manager ® 5. Map of USA Boundaries and Main Water Lines 6. Maps 6A, 6B, 6C of Sample Area with Distance Alternatives (12`h Street West of 66`h Avenue) 7. Draft Minutes from the August 22, 2013 PZC Meeting 8. Proposed Amendment to Policy 5.7 of the Potable Water Sub-element and Policy 5.8 of the Sanitary Sewer Sub-element 9. Transmittal Resolution Indian River Co, Approved Date APPROVED AGENDA ITEM: Admin. Legal _Z I FOR: �G��� �, a70%� Budget BY: Dept. A Alk Risk Mgr. F:\Community Development\Comprehensive Plan Text Amendments\)uly 2013,PW policy 5.7 and SS policy 5.8\Staff reports\BCC staff report(10-1-13).doc 10 150 William Luther, authorizing him to use and occupy the real property and improvements located at 7780 85th Street, Vero Beach, Florida 32967, as recommended in the memorandum of June 7, 2013. 14. COMMISSIONER ITEMS 14.A. Commissioner Joseph E. Flescher, Chairman -None 14.B. Commissioner Wesley S. Davis, Vice Chairman 14.B.1. COMPREHENSIVE PLAN TEXT AMENDMENT Vice Chairman Davis requested to discuss the Comprehensive Plan Text Amendment to change Policy 5.7 as it relates to County water connections outside the Urban Service Area (USA). He spoke on behalf of several County residents that were present with their request to have County water on their property. These residents reside adjacent to the parcels on 66th Avenue between 8th Street and 12th Street, where the County is installing a water line. Commissioner Zorc added that there was a second set of property owners along 66th Avenue in Pine Tree Park where the USA line stops short. He suggested that there be a Master Plan when they design the major roadways. Director of Community Development Bob Keating stated that one solution would be to amend the Comprehensive Plan by putting in another exception to the Urban Service Boundary requirement. Commissioner Solari wanted three issues addressed in this discussion going forward: 1) to change the Comprehensive Plan Land Use regarding the USA impacting the whole County, not just residents on 66th Avenue; (2) to contact the Planning& Zoning Commission for their June 18, 2013 20 ATTACHMENT 151 input before this Board makes a decision to change the Comprehensive Plan; and(3) to discuss the impact of rationing and development of the water and sewer utility in the County. Director Burke said he would look at the engineering cost and change order to the contract, to loop into 16th Street, at an estimated cost of$53,000, without violating the Comprehensive Plan and bring back for the Board's consideration. Steve Moler, Masteller, Moler, Reed and Taylor, Inc. said the way the policy is written now, the residents cannot get water. He thinks the Code should recognize when they have a string of residential properties and provide those residents with a means to legitimately obtain water. The following residents in the USA addressed the Board with their personal concerns and situations regarding the poor quality of the water on their properties: Robert Brice, 7765 91st Avenue, Vero Beach Robert Lindsey, 6585 12th Street, Vero Beach Richard Holland, 1140 66th Avenue, Vero Beach Diane Lembo, 940 66th Avenue, Vero Beach Alex Walters, 125 66th Avenue, Vero Beach There was further discussion by the Board, and the following motion was made: MOTION WAS MADE by Vice Chairman Davis, and SECONDED by Commissioner Solari, to: 1) direct the Utilities and Community Development staff to look at the overall water and sewer quality Countywide; 2) look into looping the 66th Avenue water connections project outside the Urban Service Area; 3) return to the Board to further June 18, 2013 21 ATTACHMEWT 1 152 discuss the possibly of amending the County's water policies; and 4)pursue involvement of the Health Department. Some discussion on the Motion followed. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 14.0 Commissioner Peter A O'Bryan 14.0.1. PRoaAMAnoNPOLICY Commissioner O'Bryan recalled the lack of overall support from the Commissioners regarding the Humanist Proclamation presented to the Board on June 11, 2013. In an effort to reduce potential future conflicts, he did some research and made the following motion for Board approval. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Commissioner Solari, to adopt a single Proclamation to recognize individual religious groups. After discussion and hearing comments from Commissioner Solari regarding the date for the Proclamation, a consensus was reached. There was a Board CONSENSUS to ask Commissioner Solari to do further research and to prepare a draft of a single Proclamation to bring back for further Board action. Attorney Polackwich supported the Motion and preferred that the Proclamation Policy be changed. June 18, 2013 22 ATTACHMENT 1 153 The County Attorney read the Notice into the record. 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITYDEVELOPMENT 12.A.1. CONSIDERATIONOF WATER CONNECTIONPOLICYFORPROPERTIES LYING OUTSIDE THE URBAN.SER VICEAREA Community Development Director Bob Keating recalled the Board meeting of June 18, 2013, when residents living outside the Urban Service Area (USA) expressed a strong desire to connect to the County water line that is being installed along 66`h Avenue, as part of the 66`h Avenue road paving project. Staff made contact with the Health Department and determined that the Health Department does not consider certain characteristics in their water testing that would find the water to be contaminated. After evaluating the water connection policy outside the Urban Service Area (USA), staff determined there was no need to change the policy, but they identified three options for the Board to consider, recommending Option 3: Option 1: Not to change the Urban Service Area(USA)policies; Option 2: Allow properties, regardless of geographic location, to connect to the County utility system; or Option 3: Amend the County Comprehensive Plan to incorporate an additional exemption to the County's prohibition of extending utility service outside of the USA to allow properties adjacent to an existing utility line to connect to the County utility system. The Commissioners made comments regarding determining a specified distance, and having a cost-sharing agreement. July 16, 2013 13 ATTACHMENT 2 154 MOTION WAS MADE by Commissioner Solari, SECONDED by Chairman Flescher, to direct the Utility Department to analyze the distance of all abutting 66`h Avenue properties and bring specific recommendations back to the Board. County Attorney Dylan Reingold clarified the motion, and questioned if Commissioner Solari intended to include the cost-sharing factor. MOTION WAS AMENDED by Commissioner Solari, SECONDED by Chairman Flescher, to include the condition that any property owner requesting a water extension would have to pay for the extension. Commissioner Zorc suggested that staff have a better thought process when looking at a long term road plan and including a utility component in that plan, as well as a cost-sharing agreement that would benefit the system. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved Option 3, to amend the County Comprehensive Plan to incorporate an additional exemption to the County's prohibition of extending utility service outside the Urban Service Areas to allow properties adjacent to an existing utility line to connect to the County utility system, and directed Utility Department staff to analyze the distance and cost, and bring back to the Board specific recommendations. I2A EMERGENCY SER VICES-NONE • July 16, 2013 14 ATTACHMENT 2 155 ........... . APPLICATION FORM - 4, COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA) ,, '' �� INDIAN RIVER COUNTYdul- 7W `J PIanning Division accepts Comprehensive Plan Text Amendment applicatio nipdiiritig` ` r' the months of January and July of each year. Each application must be c { plete when �~J submitted and must include all required attachments. An incomplete applica 'o1 ;will not be processed and will be returned to the applicant. Assigned Project Number: CPTA-_dQ)3 D 7 D p 6 r '7/l 355 �� ~ 977 Current Owner/Applicant licant A ent Narne: �q rAis,� V�[` /J �a�r as Q�✓t�v` Complete Mailing 1 01 ;7-77 r Address; Phone#(including area code) Fax #(incIuding area code) C-17 2) 7 0.4 2 IS E-Mail: S ro H aw; %rc `r. (a,� Contact Person: A aa+ /f_J_r_c Signature of Owner or Agent: ' (' Please attach the following items to this application. Do not ignore any of the following items. Indicate r "N/A"if an item is not applicable. � � ne, G�������P �'►����5,�� �e � �- �'" 1. What is the proposed amendment's cltatio�i in h C prehensive Plan? Include the element or sub- element, page number, and if applicable, the objective and policy number(s). 2. What is the exact language proposed to be added and/or deleted from the plan? 3. What is the purpose of the request? 4. What is the justification for the request? 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. 7. Provide an analysis of the proposed amendment's environmental impacts. 8. Provide a check, money order or cash in the amount of$2,600.00,made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE-APPLICATION CONFERENCE WITH LONG- RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Users\V1CKJE\FORMS\CPTAAAIENDMENTFORM.doc ATTACHMEW 3 156 Bob Keating From: Mike Hotchkiss Sent: Friday,June 28,2013 5:07 PM To: Stan Boling; Bob Keating Cc: Vincent Burke Subject: RE: Issues Related with Expanding Water and/or Sewer Service Outside the USA Issues related to expanding.water and sewer outside the USA: 1 . The current system has been designed with transmission mains, pump stations, storage tanks, treatment facilities, etc. to only serve a finite region with a relatively standard density. To suddenly make the decision to expand beyond that finite region to an infinite area that is generally lower density is verydifficult. It is also difficult to design the lower density areas, because you need large transmission mains and larger pumps to provide fire flow, but the normal demands associated with a lower density means that the large pumps rarely flow at their optimum efficiency. 2. To design transmission mains, treatment facilities, storage facilities, etc. to be adequate to provide fire flow to a remote region with a relatively low density is very expensive per capita compared with serving a region designated for a higher density. This results in higher impact fees and higher maintenance ® and depreciation costs than would normally be seen in a higher density region. 3. There are also issues related with water quality on serving lower density areas that have the same fire flow demand, but have a lower average daily demand. This is due to lower velocities flowing thru water mains designed for large fire flows. The chlorine residual deteriorates due to longer detention times in the main and results in poor quality water. The customers then complain resulting in the need to flush water mains, that waste water that would normally be sold. This results in increased operation and maintenance cost per capita[ resulting in higher rates for customers because all customers must subsidize the treatment and maintenance cost of the lower density. areas. 4. The larger transmission mains, treatment facilities, storage facilities and pumps also result in higher depreciation due to the higher value of the infrastructure. 5. Unidirectional extensions of the utility lines outside the USA without the possibility of looping the distribution creates potential dead-end lines that could contribute to water quality concerns and reliability issues. , Michael C. Hotchkiss, P.E. (FL) Capital Projects Manager Indian River County Utilities 1801 27th Street ATTACHMENT 4 � 157 INDIAN RIVER COUNTY PRESSURIZED WATER MAINS 510 85TH,ST N W E 77TH ST S is G U1 69TH ST c Z� 65TH ST �c 53RD-ST0. 49TH ST oo Ln 45TH ST OCG w O 41 ST-ST Q z° 37TH ST— N 00 26TH ST 6Lv� PN��G STATE ROAD 60 so 20TH ST-- -16TH a 16TH STo > 16TH ST coO x rn Q O O) 12TH ST m Z 8TH ST Q Q x x 4TH ST N—r U Q x STH ST-SW f- 9TH,ST•SW Legend — Urban Service Area Built ����■ Proposed Source:IRC Community Development Department August 14,2013 " AVACHMENT 5 158 i i i i r 33M700002000000000.1 Main y, �07000020�OQ4a0a00.3 4 4 Q _ A B 33M700a010W"003 a 11 9 6 2 12TH S7 O SEOAL :.R, Q oun ine u- 110 8 7 5 4 3 C Q 33390700001011000001,0 2,500' 33390700001010000002.0 1 , 0' 500' j 33390700001006000001.1 3339070000 1 33390700001006000002,2 Main Line Service Connections 33390700001007000002.0 To County Line 33390700001006000001,0 9070000100000403.0zz- c� Multiple Lines q 33390700001006000002.1 Do Not Fit In A g D Z 115' road rlv,,, a Q IlCountv Li ie 500' VV ._-___..._._--. .__ _--:...�ul�►-,,.r�r: ,ori-.a .,� .w. _ �.�._..�.,,. -.,,� �.._.-,,._,M,.-_ .<__ _,,-- ffb'ate _ 12t'' Street Service Connection Service Roadway To County Line Lines 33390700001009000004.0 33390700001009000003.0 33390700001009000001.1 33390700001009000001.0 C ') JL r a r 33390700001007000001.0 3339070000100rl000002.0 33390700001007000001.1 M u i ti p f e Lin e Cao Not Fit In r f.. 11 9 6 12TH S EDALE RD r 30` road rhe. 50' c anal ,n 7 5 4 `° 10 � Privat � O Service Lines r 12" Street .. Road,,n,ay 33390700001010000002.0 33390700001010003.0 Chairman Zimmerman closed the public hearing at 7:12 p.m. ON MOTION BY Mr. Stewart, SECONDED BY Mr. Emmons, the members voted unanimously (4-0) to approve staff's recommendation. Chairman Zimmerman read the following into the record: A. County Initiated Request to Amend the Text of the Potable Water and Sanitary Sewer Sub-Elements of the County's Comprehensive Plan [Legislative] Mr. Stan Boling, IRC Planning Director, reviewed the information in his memorandum dated August 7, 2013 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. Mr. Boling related the purpose of the two amendments was to allow properties along 66th Avenue that were not contiguous to the Urban Service Area (USA) to be allowed to connect to water and sewer lines where there was construction of a road project with a main water line being installed at the same time, under certain conditions. He said the question was how near to the main line should a property be in order to connect to that line and, as structured, the amendment would expand the current connection exception by allowing properties within 500 feet of an existing main line to connect to centralized water or sewer service. Chairman Zimmerman brought up a scenario whereby property owner "A" got an extension out 500 feet and a neighbor (property owner "B") behind him made an agreement for an easement across property owner "A's" land; and property owner "C" behind property owner "B" wanted to do the same on his property, and so on. Mr. Keating noted there would have to be a separate line and separate meter for each lot that was served because two people could not be served from one service line. Chairman Zimmerman felt 500 feet was not really a limitation because there could be private agreements amongst an endless number of contiguous property owners. Mr. Boling clarified the extent of the County-owned system off of the main line and the distance between the connecting property and the main line could never be more than 500 feet, as proposed. PZC/Unapproved 3 August 22, 2013 162 Chairman Zimmerman stated he would feel much better about keeping the policy as it was and changing the criteria of what constituted bad water. Mr. Vincent Burke, IRC Utility Services Director, indicated in a case when a utility system was designed with low densities and additional lines that were not master-planned were put in it was almost like plugging an extension cord into an extension cord, and it became a question of where would it end and how efficient the operation would be. He noted within the USA there were higher population densities and lines could be split off to accommodate more users; however when you started looking at one unit per five or 10 acres you would lose the economies of scale. Discussion ensued. Chairman Zimmerman observed the County had the USA to control growth through the use of its sewer and water lines and there had to be a boundary somewhere, and he thought it would be opening up a can of worms to extend the boundary 500 feet. Mr. Keating agreed that was one of the reasons when staff originally bought this to the BCC they had recommended that only those properties (W contiguous to the new line be allowed to connect into the system. He explained the USA not only delineated the extent of urban development but it allowed for efficient planning because staff knew exactly where water and sewer services needed to be. Attorney DeBraal recalled when this matter was before the BCC several of the landowners west of 66th Avenue said they had shallow wells with water high in minerals and the issue became whether or not the line could be stretched a little bit to accommodate those people who had been suffering with the well water and were very close to County water. Mr. Emmons said one of the criteria referenced for meeting consistency with the Comprehensive Plan (Comp Plan) was whether or not the proposed amendment would correct an oversight in the approved plan, and he did not think allowing 500 feet had anything to do with an oversight. Mr. Boling felt it was an oversight where lines were being installed to serve the overall system and people who fronted lines that were going to be there anyway should be allowed to connect; however staff could see some problems once the contiguous criteria went away. (W PZC/Unapproved 4ATTACHMERT 7 August 22, 2013 163 Mr. Chris Mora, IRC Public Works Director, agreed connecting contiguous properties only would be better; but felt it could be managed within 500 feet if he had to choose a distance because it would be more difficult beyond that due to the narrow rights-of-way outside of the USA. Chairman Zimmerman reiterated he could understand why staff's original recommendation was that if a property was contiguous to the main line it was okay to connect; however he had serious doubts about allowing 500 feet extending in any direction. Chairman Zimmerman opened the public hearing at 8:10 p.m. and since no one wished to speak the public hearing was closed. Mr. Emmons felt there was a public policy argument that could be made; however he did not believe any of the four criteria of meeting consistency with the Comp Plan had been met by the 500 feet distance currently proposed. ON MOTION BY Mr. Emmons, SECONDED BY Mr. Rednour, the members voted unanimously (4-0) to recommend that the Board of County Commissioners allow the provision of centralized water and sanitary sewer to properties contiguous to the Urban Service Area boundary or to main lines. Commissioner's Matters There were none. Planning Matters Mr. Stan Boling, IRC Planning Director, updated the members on recent action taken by the BCC on planning matters that had been before the PZC. He did not foresee there would be a PZC meeting on September 12, 2013; however he thought there would be one held on September 26, 2013. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 8:16 p.m. PZC/Unapproved 5 August 22, 2013 �#TitAc"ME+RT (7 164 Potable Water Sub-Element Policy 5.7 ® POLICY 5.7: Consistent with the policies of the Future Land Use Element of thisp lan centralized water service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; • Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existing; centralized potable water main distribution line that is part of a looped system. Theose areas are subject to the following provisions: O The maximum density of such land shall be as shown on the Official Future Land Use Map, and the provision of centralized potable water service shall not be justification for an increase in maximum density; O Potable water- line exte * as shali be limited to laterals and miner- line.s eenneetingland uses main lines; a-ad ® O In no case shall ems ti ize potable water lines that are part of the county- owned system be permitted to extend more than 500 feet from any water main distribution line; and the-eenter-line-o€araadi;ay whieh is aft Urban Serviee Area beundai:-y, or more than 500 feet from the Urban Ser-viee beiindai=y whefl O Any and all costs associated with connecting a property to the potable water system, including costs associated with survey, design permitting construction, restoration, inspections and certifications shall be borne by owner of the property • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: O clustering of residential development within agricultural areas; O clustering of residential development within privately owned upland conservation areas; O clustering development within mixed use districts; or O traditional neighborhood design communities. O public facilities such as public schools. O agricultural businesses and industries (including biofuel plants) • Areas where, consistent with Potable Water Sub-Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. Bold Underline: Additions to Ordinance StFim,,�„threagh Deleted Text from Existing Ordinance FACommunity Development\Comprehensive Plan Text AmendmentsVuly 2013,PW policy 5.7 and SS policy 5.8\Staff reports\POLICY 5.7 underline and strike-thru potable water sub-element.doe Attachment 8 165 Sanitary Sewer Sub-Element Policy 5.8 POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; • Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existing sanitary sewer line that is part of the county sanitary sewers s� These areas are subject to the following provisions: o The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; • Sanitat-y sewer line extensions shall be limited to laterals and Flainer- lines v vaalavvtalib 1LLill1 LLJVJ lV main Tlines; QIZQ o In no case shall ^e�*r�a sanitary sewer lines that are part of the county- owned s, s�tem be permitted to extend more than 500 feet from any sanitary sewer line, and the eenteFline o f^ readway Y hi Urban b c VV11.V1 V1 LL LVLLU YY LLy YY lIItil boundary, or- mer-e than 500 feet ftem the Urban Serviee Area bounder-Y when 111V boundary is not a readwa�- o Any and all costs associated with connecting a property to the sanitary sewer system including costs associated with survey, design permitting, construction, pumps and lift stations, restoration, inspections and certifications, shall be borne by the owner of the property_ • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural; o clustering of residential development within privately owned upland conservation areas; o clustered development within mixed use districts; o traditional neighborhood design communities; o public facilities such as public schools; and o agricultural businesses and industries (including biofuel facilities) • Areas where, consistent with Sanitary Sewer Sub-Element Policy 2.4, the lack of 4 centralized sanitary sewer service is determined to be a public health threat. Bold Underline: Additions to Ordinance Strike threu& Deleted Text from Existing Ordinance F:\Communily DevelopmenAComprehensive Plan Text AmendmentsVuly 2013,PW policy 5.7 and SS policy 5.8\Staff reports\POLICY 5.8 underline and strike-thru sanitary sewer sub-element.doc Attachment 8 166 A Caw RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,APPROVING THE TRANSMITTAL OF A PROPOSED INDIAN RIVER COUNTY COMPREHENSIVE PLAN TEXT AMENDMENT TO STATE AND REGIONAL REVIEW AGENCIES. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received a comprehensive plan amendment application during its July 2013 amendment submittal window, and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on August 22, 2013, and WHEREAS, the Local Planning Agency, after receiving public comments, made a recommendation to the Board of County Commissioners; and WHEREAS,the Board of County Commissioners held a Transmittal Public Hearing on October 1, 2013, after due public notice; and WHEREAS, The Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The following proposed amendment is approved for transmittal to State and Regional Review Agencies(Appendix A,proposed policy 5.7 of the Potable Water Sub-Element and Policy 5.8 of Sanitary Sewer Sub-element): FACommunity Development\Comprehensive Plan Text Amendments\July 2013,PW policy 5.7 and SS policy 5.8\Resolutions and Ordinances\Transmittal Resolution.doc ® 1 of 2 ATTACHMENT 9 167 RESOLUTION NO. 2013- AN ORDINANCE OF INDIAN RIVER COUNTY,FLORIDA,AMENDING THE TEXT OF POLICY 5.7 OF THE POTABLE WATER SUB-ELEMENT AND POLICY 5.8 OF THE SANITARY SEWER SUB- ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The forgoing Resolution was offered by Commissioner and seconded by Commissioner and upon being put to a vote,the vote was as follows: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Peter D. O'Bryan, Commissioner Timothy Zorc, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 1 st day of October 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller AP OVED AS T D LEGAL SUFFICIENCY William K. De raal, Deputy County Attorney APP ED AS TO PLANNING MATTERS aF Obert M. Keating, Community Development Director FACommunity Development\Comprehensive Plan Text AmendmentsVuly 2013,PW policy 5.7 and SS policy 5.8\Resolutions and Ordinances\Transmittal Resolution.doc 2 of 2 ATTACHMENT 9 168 Appendix A Potable Water Sub-Element Policy 5.7 POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan, centralized water service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; • Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existing centralized potable water main distribution line that is part of a looped system. Theose areas are subject to the following provisions: O The maximum density of such land shall be as shown on the Official Future Land Use Map, and the provision of centralized potable water service shall not be justification for an increase in maximum density; O eenneeting land uses to main lines; and (moo, O In no case shall ^e zed potable water lines that are part of the county- owned system be permitted to extend more than 500 feet from any water main distribution line; and the eenter-line of a ,,.,a.,ay .,,I ieh is_a Urban Serwiee Area boundafy, or mei!e than 500 feet from the Urban Ser-viee betmdar-y whe the boundary is not a madway. O Any and all costs associated with connecting a property to the potable water system, including costs associated with survey, design,permitting, construction, restoration, inspections, and certifications, shall be borne by the owner of the property. • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: O clustering of residential development within agricultural areas; O clustering of residential development within privately owned upland conservation areas; O clustering development within mixed use districts; or O traditional neighborhood design communities. O public facilities such as public schools. O agricultural businesses and industries (including biofuel plants) • Areas where, consistent with Potable Water Sub-Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. Bold Underline: Additions to Ordinance ATTACH 9 c*- h: Deleted Text from Existing Ordinance C F:\Community Development\Comprehensive Plan Text Amendmentslluly 2013,PW policy 5.7 and SS policy 5.8\StafPreports\POLICY 5.7 underline and strike-thm potable water sub-element.doc V Appendix A Sanitary Sewer Sub-Element Policy 5.8 POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; • Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existingsary sewer line that is part of the county sanitary sewer system. These areas are subject to the following provisions: o The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; • Sanitary sewer line extensiens shall be limited to latefals and mifier lines eenne etiig-iziuses to o In no case shall ^ems sanitary sewer lines that are part of the county_ owned system be permitted to extend more than 500 feet from any sanitary sewer line; and the eenter-lineof a roadway whieh is an Urban Se e Afea b6tindary,6r-m6"' than than 5 0 feet from the Urban Ser-viee Areabetmdar-y when 11 111V�JV o Any and all costs associated with connecting a property to the sanitary sewer system, including costs associated with survey, design, permitting construction, pumps and lift stations, restoration, inspections, and certifications, shall be borne by the owner of the property_ • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural; o clustering of residential development within privately owned upland conservation areas; o clustered development within mixed use districts; o traditional neighborhood design communities; o public facilities such as public schools; and o agricultural businesses and industries (including biofuel facilities) • Areas where, consistent with Sanitary Sewer Sub-Element Policy 2.4, the lack of centralized sanitary sewer service is determined to be a public health threat. Bold Underline: Additions to Ordinance RTTACHME'N 1 StFilce t#reUgl} Deleted Text from Existing Ordinance O F:\Community Development\Comprehensive Plan Text Amendments\July 2013,PW policy 5.7 and SS policy 5.8\StafPrepons\POLICY 5.8 underline and strike-thru sanitary sewer sub-element.doc Board 1County Commissioners October 1 Comprehensive Plan Text Amendment Potable Water ComprehensiveSanitary Sewer Policy 5.8 Amendment Process Application Submitted to Community Development Department 1 Public Hearing before Planning And Zoning Commission Transmittal public hearing before Board of County Commissioners 1 Application transmitted to State and Regional Review Agencies 1 State and Regional Review Agencies send their Comments to the County and to the State Land Planning Agency Board of County Commissioners holds final public hearing 1 Adopted amendment is transmitted to State and Regional Review Agencies and State Land Planning Agency Amend Water Policy 5.7 and Sewer Policy 5.8 to allow connection of certain prope�ies outside Urban Service Area: increases the number of properties allowed to connect Initiated / BCCin responseto property owners along661hAve not allowed toconnecttowater under current policy 5 1 � i 0REUAR @ V Q kNT C ,- I. Y a� Lr� 4.11 ,W 3 O K E E C H O U,E E COUNTY'M1 t �•.6 T. L U C I E C 0 U N r Y fm� t.,m.m..... 6 I�0 3 Current PW • olicy 5.7 and SS Policy 5.8 Limitations Provision of Centralized Utilities limited to: Inside USA Outside USA for: - Clustered development - Public-facilities such as schools - Agricultural businesses - Private well contamination - Site is contiguous to USA boundary USA focuses infrastructure in areas targeted for "urban" development Obligation to serve a geographic area Efficient system functions Planning utility improvements Quality of service Cost (construction and maintenance) Exceptions are limited to Certain "urban" type uses Health/contamination relief Properties contiguous to USA boundary (already next to main lines) AVOID creating a low density utility system outside USA Water quality (flushing) Cost on entire system (all rate payers) Proposed Amendment Will allow properties within 500' of a main line of a "looped" system to connect to 12 water or sewer How near the main line? ® Contiguous (fronting) • 500' • 1,000' • 2,500' vx ` c�' 'rJi d yf ac y a y A � 7 3 ' � sr $ y Y t Practical Constraints Limited • • roadsCosts to property owners for lines under • canals Sharing costs among property owners 14 170-A . 7 3334^47 .+ Main Line rr^ ALS ' ra�mlocea7aros.a 11 9 6 2 s 0` 32TH ST OMEQAL .RIS i 10 8 �7 ,..5 4 3 i C D 31340744001000)O 01A 2.600 ,,, 4o7oa 14 s mz 4 3 1. 0' 504' pii l ? 73 )IX3001 333SW?p'1k 144",>44i;1'.i41 t 3339t44U'.D1 i OffAt�540£.£ M aM lin= SemiaCoama<tions i D744Ci?t4rYl4O4f,4 To County Une ?3�7044014�4:A41.4 3�D9700�t3A .<�...» Ni //pPp Multipiw.lipes A f ti ho Not Fit A B r° In rlwv it n 6 2 j15'roadriw S 4 rlvaCe j2`A Str eRt Serdce Conneatfon Sarwce Roadway To County Line PLines 7449 .4 333447C�+J1Ct4trMSO43A 333A07pfg0900040fJ4D1,1 W�v1iA i S3DQ0T00�40CII0@3001.0 � ?)LA06t0070�i0G2A a^33JTLKp47CKitt}p{yA19,1 i Multiple Line. Ua Not fit j in r ry 12 9 6 2 iziHSt SEDALERD) 10 8 / 7 5 4 O Prl,eatE� � v� 5,4 Lines p� 12"Street » t'� Foa<Avav E 333; 7 90 "s.0 7Q3907M A K I Proposed Amendment justificationConnecting properties within 500' of main line Connecting to water or sewer no • • use change County-owned system cannot extend • - than 500' from Costs to connect borne by benefiting property owner 18 1-70 'A " 9 Consistency • Comprehensive Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. An oversight in the approved I . A mistake in the approved plan; 19 A substantial change in circumstances; or A swap or reconfiguration of land uses at separate sites PZC Consideration Evaluated a number of connection 20 1'7 scenarios Focused on system efficiency and avoiding problems of long private service lines • PZC Recommendation BCC adopt revised amendment: , • ; connection only for properties adjacent to main line 21 w 1 Main .✓ ..:line W„rr M,r^ w' Y '`^a339U7UUUU2UC9aUtli�0003 ,,..s-" ✓"'�+ > y to �x LA 11 9 6 au 5bG 12TH$7(RPSED41__fid — 10 S7 5 4 3 1 '333GtY7tl4CM�,o„oaooa+a 3 3,500333W70000fUS000OW2A 1.{00' 0600' �, 1 Comments • ervices Director . • Public Works - • 23 ��o7a�2vanec7cxro.+ �y Main Line ..-.." ray}l` ✓'""„-Y"`�33�7GN5DD20il0002W043 ;,,.✓"' .O' ] r :b ,..._..w_.�......IX _. 11 9 6 i ou �bG' 10 E a7acnaao�+ar000aa 2,5003 �a >arc��o�wx�a2o 1, D' 1 ���'� 12 Recommendation That BCC approve resolution to transmit the amendment and announce intention to adopt amendment at future final hearing 25 170 - A 13 1 P.O. Box 1268 Vero Beach, Florida 32961 562-2315 Proo 3so COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Debbi Vickers who on oath says that she is Manager Display Advertising of the Press Journal, a daily newspaper published in Indian River County, Florida; that v es+, d a n of r a F'" nJj billed to O V)nl(In ._ was published in said newspaper in the issue(s) of 1421 Sworn to and subscribed before me this day of i1A.D. CATHERINEPOLICARE fA MY COMMISSION#FF 028015 +r +- EXPIRES:September 25,2017 lRF Bonded Thru Notary Public Underwriters Ul r 'LILL- Advertising Manager 110 .B- 1 BEFORETHE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY GET A SECOND OPINION NOTICE OF „ r COMPREHENSIVE PLANSEMENS TEXT AMENDMENT S STARKEY REXTON _ TRANSMITTAL PUBLIC LAMES H.A.S.,CE B& OWNER BC-HIS HEARING My Hearing Aids Fit "I've been wearing hearing aids for The Board of County Commissioners of Indian from Mild To Severe over 30 years, and I know what they River County, Florida, will consider transmittal of an can and can't do! You will always get amendment to the text of the comprehensive plan to Hearing Loss it straight from me." state and regional review agencies. A public hearing, at which parties in interest and citizens shall have y Hello, Vin, Jim Cesiro, H.4 an opportunity to be heard, will be held on Tuesdasda October 1, 2013, at 9:00 a.m.in the County Commission Chambers of County Administration Building A,located at Board Certified in Hearing 1801 27th Street, Vero Beach, Florida.; The proposed amendment is included in proposed ordinance entitled: (Legislative) Nobody Beats Our Price, Experii AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE POLICY =® 5.7 OF THE POTABLE WATER SUB-ELEMENT ANDLet My THE POLICY 5.8 OF THE SANITARY SEWER SUB- "Verien ELEMENT OF THE COUNTY'S COMPREHENSIVE I PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. ALTHOUGH A VOTE ON WHETHER TO TRANSMIT u. back to fi THE AMENDMENT TO THE STATE AND REGIONAL YO REVIEW AGENCIES WILL BE TAKEN, NO FINAL ACTION ADOPTING THE PROPOSED Did you k AMENDMENT WILL BETAKEN AT THIS MEETING. The plan amendment application may be inspected by the public at the Community Development Department WiFi Hearing Aids can communicate with each in County Administration Building A, located at CELL PHONE,AND BLUE TOOTH. Many of my cli 27th Street, Vero Beach, Florida, between the hours with this Technology and would like to share it with hours of 8:30 a.m.and 5:00 p.m.on weekdays.For more gy information, contact Long Range Planning Section at hearing right through the hearing aids, than digitall3 41. Anyone whowho exactly. That's what you can expect when you deal i Anyomay wish to appeal any decision which may be made at this meeting will need to ensure that hearing aids and is Nationally Board Certified in thl a verbatim record of the proceedings is made, which Manufacturers need to"SELL ME"before I fit includes the testimony and evidence upon which the *Call today for appointment for a F appeal is based. Anyone who needs a special accommodation for 'Where honest service & technology come this meeting must contact the county's Americans Call today ! / 7 G 9 7 8 with Disabilities Act Coordinator at (772) 226-1223 (TDD# 772-770-5215), at least 48 hours in advance of 2110 5th Ave., Vero Be the meeting. Agp(just off Miracle Mile, on west side of Gc Indian River County OPEN: Mon-Thurs 9am-3 m • Fridai Board of County Commissioners P A Hearing Aid Will Not Restore Normal Hearing,Nor Will It Proven!Further Hearing Loss.The Patient And Any Other Person Responsible For Payment I By:-s-Joseph E.Flescher, Chairman Payment For Any Other Service,Examination,Or Treatment That is Performed As A Result Of And Within 72 Hours Of Responding To The Advertisement /DOS Public Hearing-10.1.13 r Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorne#Z--� DATE: September 18, 2013 SUBJECT: Proposed Amendment to Fertilizer and Landscape Management Ordinance BACKGROUND. At its August 20th meeting, the Board approved a comprehensive Fertilizer and Landscape Management Ordinance. At its September 10th meeting, the Board directed the County Attorney's Office to draft an ordinance containing two amendments to the Fertilizer and Landscape Management Ordinance. The first amendment limits the applicability of the Fertilizer and Landscape Management Ordinance to only the unincorporated areas of Indian River County. Pursuant to Section 403.9337, Florida Statutes, every city in Indian River County has its own responsibility to adopt its own regulations concerning the use of fertilizer. And at its September 10th meeting, the Board encouraged that each of the cities adopt a fertilizer ordinance consistent with the Fertilizer and Landscape Management Ordinance adopted by the Board. The ordinance will also require that at the time the Fertilizer and Landscape Management Ordinance becomes effective, fertilizer that contains nitrogen applied to turf or landscape plants within Indian River County must contain at least 25% slow release nitrogen. The ordinance then would require that by June 1, 2014,the percentage of slow release nitrogen to be increased to 50%. Indian River Co. A p oved Date Approvedfor B.CC/Public Hearing Admin. l a October 1,2013 Co.Atty. • Budget 2 Department 9-� - Risk Management --- --- COUNTY ATTORNEY F.Wu—yV/ida%GZV AL0 CC4genda Memms Ferlillzn Mdm 171 Board of County Commissioners September 18, 2013 Page Two FUNDING. There is no additional funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Chairman open the public hearing, take public input, and close the public hearing, and that the Board of County Commissioners then consider adoption of the attached proposed ordinance. ATTACHMENT. Proposed Ordinance Amending the Fertilizer and Landscape and Management Ordinance DTR:LAC r • F.•l411—,y%Dnd,IGENEMLIB CCl4genda MemoslFereiBzer 06.d- 172 ORDINANCE NO.2013 - 11-14.1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING CHAPTER 316 TO UNICORPORATED INDIAN RIVER COUNTY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted an ordinance regulating the proper use of fertilizers in order to protect the water quality of Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies, and WHEREAS, the new fertilizer regulations require that the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label, and WHEREAS, the new fertilizer regulations go into effect on October 14, 2013, and WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide additional time for retailers to eliminate their supplies of such non-conforming fertilizer, and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,THAT: Section 1. Enactment Authority. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. F.WUyVJnda1GENFR4LVtesolu1io &Ordinan iOr&nanc F'enilizerWmortization Fenilizer OrdYna d— Page 1 of 173 ORDINANCE NO. 2013 - Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County(the "Code"). Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates. (b)As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 2550% slow release nitrogen per guaranteed analysis label. As of June 1, 2014, the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label. Section 4. Amendment of Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County(the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted; proviQea�wei er-, that this ,hapter- shall not apply matte. This chapter shall be prospective only, and shall not impair any existing contracts. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by-such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. • FW i1—,y%Dm*1G£NMALWt.1.1)—& ...Ord--d— Page 2 of 3 174 ORDINANCE NO. 2013 - Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the day of , 2013, for a public hearing to be held on the day of , 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,FLORIDA By: Joseph E.Flescher,Chairman ATTEST: Jeffrey R. Smith,Clerk of Court Approved as to form and legal sufficiency: and Comptroller By: Deputy Clerk 431ylan Reingold,County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. RlAlrorneylLfndatGENER9LIRemlmions&OrdinanceslOrdinamces�rtili:eL9mord:arion Fmon—Ordinmice.d— Page 3 of 3 175 W ' ( SCRIPPS TREASURE COAST 0•A 3 . NEWSPAPERS Indian River Press Journal itECiElV E D �g 1801 U.S. 1, Vero Beach, FL 32960 1 9 M3 ���.L" AFFIDAVIT OF PUBLICATION SEP COUNTY ATTORNEY'S STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared.Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO# INDIAN RIVER CO ATTORNEY 2554503 9/16/2013 NOTICE OF INTENT FERTILIZER ORD NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Sworn to and subscribed be re ane this day of, September 16, 2013, by Sherri Cipriani who is [X] personally known to me or ORIGINAL [ ] who has produced as identification. Mary T. Byrne i Notary Public MARY T BYRNE Notary Public•Stats of Florida My Comm.Expires Aug 2,2014 s,, �� Commission#EE 7134 12 SCRIPPS TREASURE COAST NEWSPAPERS •MONDAY,SEPTEMBER 16,2013 •IN TCPALM.COM CLASSIFIED NOTICE OF 'NOTICE OF NOTICE OF NOTICE OF NOTICE OF :NOTICE OF NOTICE OF FBR&YDEURE , ;'FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE ADMINISTRATION NOTICE OF SALE, NOTICE OF SALE NOTICE OF MEETING ESTNER SIEEN AS of September,2013 THE SALE. INC..ASSET-Oied:August 21, COURT OF THE Karen L SA lot as N u.HOld Goods& decision which may AN HEIR OF THS ES- the following de- BALKED PASS- 3013 NINETEENTH ...bonne BANK OF AMERICA Mix, be mode at this TATE OF ROGER scribed real property DATED at Vero THROUGH CERTIFI- FLORIDA JUDICIAL GRCUIT M.Han.m Trutt NATIONAL ASSO-335 Gras Bretton sting will need to FERGUSON A/KIA est forth In cold Beach,Florida,on CATES.SERIES FORECLOSURE IN AND FOR INDIAN 530 N.Tropic Lone, CIATION AS SUC-Household Good°& en re that a verba- HAA ROGER W.FORGE. Final Judgment,to August 27,2013. 2006-W2,UNDER ATTORNEYS.PLLC RIVER COUNTY, UnitA CESSOR BY MERG- Moo. record of the pro- SON A/K/A ROGER , SMITH PA. THE POOLING AND 9y:Al PLO//DO V.w Baxn,nod. ER TO LASALLE 358 Gracie,Stinson a rings is made, WILLIAM FERGU-LOT 36,BLOCK 2, 0HIA SERVICING AGREE Bud S.Abremeon,Es- GVIIACTION 329W BANK NATIONAL 0100.AOldGoods&which includes testi- SON,DECEASED; IXORA PARK PLAT Avwney,for Plains% HENT DATED SEP- quire CASE NO.:ALL INTERESTED ASSOCIATION,AS Mix. many and evidence (r) ANY AND ALL UN. NO.5,AS PER PIAT D BOX 11438 TERSER 1,2005, (FM 87554) 31.2013-CA.01437 PERSONS ARE NO. TRUSTEE FOR CER-403 JanetYoung upon which the w- KNOWNPARTIES THEREOF,RECORD- FaG Fort uderdale.FL PMImm 4855 Technology DIVISION: TRES THAT: TIFICATEXOLDERS HouaeHold Goods& al N... C I A I M I N G BY. ED IN FIAT BOOK 8 333391438 vs. Wry,Suite 500 All creditors of the es OF BEAR STEARNS Misc. ANDCAGAINSTT A? PUBLIC PAGE 3RECOROF DSeeds a 19541556440071 JUAN LUEVANO,.t Bon Raton,74i6M26 PENNYMAC AS ,rd tote perthe sonsdecedent lav n5 CURITESAICLEt AS--lou eOoldJGoods&Apec�ial accoe who nsmodo- C HEREIN NAMED IN. OF INDIAN RIVER Facsimile:Defendemlel email,erykeR%apak. SERVICING AGENT claims or demands SET-BACKED LER- Mise. on for this mem. t_ DIVIDUAL DEFEN- COUNTY,FLORIDA 196x15648252 m FOR PENNYMAC aualmt the estate of TIFICATE6,SERIES 512 Kasha Robertson u must contact the o ANTIS)WHO ARE Dentine Email: NOTICE OF SALE CA13-00449 NOS LOAN TRUST 2011- he decedent other 208-NHou. Hold HouHold Goods& Countyy's Amrican. e O NOT KNOWN TO BE If you area pardon mere@ Request,for Awom- MM. then toss for whom P.M. Mix. With OieabilUlee Act nth, n DEAD OR ALIVE, I°Iming a right to °hdleu•19rop.com Notice I5 hereby giv- madam.by Per-PI°intlH, provision for lull vs. 526 Christina West (ADA)Coordinator 1 .1., CL WHETHER SAID UN-funds...ming By:Gavin MacMillan on that,y u n to so^ with Oiebili-vas Dement woo made MOSLEY,PAMELA Hou,Hold Goods&7722261223 at least < KNOWN PARTIES otter the le,you Bar No.0037641 n Final Judgment of ge°.�/1 you we°per-KIMBERLY W.LEATH. In the Order of Sum-ANN,et al. Miec. 44 hour In advance I MAY CLAIM AN IN.mustNI.a Wm WAN lot Foredo..dated son wird a disability ERMAN,ON. melt Adminlotration plend+rt.. 531 Robert Andrews oft.meeting. T E R E S T A 5 the clerk no later Ralph W.Contr. May 30,2013,en-who need.any 10-Del.Mwtl.F mu Me Nell A°Im° Ceblcourt WITH- RE-NOTICE OF yyneto,Business VISEESE'GMNTEES,the Dale..than 60 4e,after 11040 fill RIVER No.0086794 Number 201 IFrtrida Ber tared In Mil 0 CA der e. ^ooparticiipx°In NOTICE OF SALE IN in or- r THEA TIME PEP FORECLOSURE SALE 532 James Pump/rey COUNTY BOARD O DOF / C Z OR OTHER CLAIM.to Ilia 1 claim you 11629512 NOS 0003AI,in e.Groh Nie Enooceding,you PURSUANT TO ODS SET FORTH IN NC COUNTY ANTS; CITRUS will not Se.m/E.d 0 IF YOU ARE A PER. Court 101 Indon Riv-are ntl[Ied,at^o CHAPTER 45 SECTION 733.102 OP NOTICE IS HEREBY KNoW,,Tools,&Mix. COMMISSIONERS SPRINGS VILLAGE soy remaining hod. SON WITH A MA- err Court Florida e to you,to Cha THE FLORIDA PRO-GIVEN ointment to 632 Oe,R Air By Ds- JOSEPH E. 3 • E HOMEOWNERS Ayer fi0 Reye,only BILITY WHO NEEDS wherein UEUTSCNE provision at to NOTICE IS HEREBY BATE CODE. Ord Final alpp ea FLESCNER, Q I . ASSOCIATION.INC.;the owner of record ANY ACCOMMODA- BANK NATIONAL eeivto..Ploes. GIVEN Pursuant to,ALL CLAIMS AND DE Judgmentlenured in MC^Equip.,Tools,& CHMRMAN U Z MASTER HOME.ITRUS li De nden ses of the data amN.the PARTICIPATE ION IN IN ASER TO UTRUSST �EE FOR Istruinioo,260 NE Foren Admin- lclosur.doted FILED WILL BEJudgment of HANDS FOR- G-010480 oSO Corie No. lthe 0CU.65 Ds'bash Flynn Pub:September 16, OWNERS ASSOCIA- TION, aNm t.surplus. THIS PROCEEDING, REGENT SECURI-Country Club Drive,August 14,2013,end EVER BARRED. I[Court of the Ho asalloo Goods 8 2013 >. TION,INC.;TENANT YOU ARE ENTITLED, TIES INC.,ASSET-Suite 217.Port Sr.entered In Case Na,NOTWITHSTANDING 19TH Judicial Circuit Mix. TGN2661b03 LI. It: TENANT 12;Dated this 9 clay of AT NO COST TO BACKED PASS- Lucie,FL,34666.772.31-2012-CA-001437 ANY OTHER APPLIG in ane for INDIAN 103 Patricia Wwoa T E N A N T 0 3; September,2013. YOU,TO THE PROVE THROUGH CERT1f1-807-4370 at loom 7 of the Circuit Court ABLE TIME PERIOD, RIVER County,Ron Household Goods& NOME OF IN TST- N O TENANT 04 are the By:ha/Joshua Sober SION OF CERTAIN CATE B,SERIES days before your INR Nilwteanth Jo.ANY CLAIM FLED da herein,BANK Misc. PUBIJC NEARING Ce Defendente,The Esouire A55IST AN CE. 2006-W2,UNDER ereduled coon ap- dicial Circuit In end TWO 121 YEARS OR Of AMERICA,NA.734 Debra HSR • NOTICE IS NEEBY Clerk of the Court FN.Bar No.:85358 PLEASE CONTACT THE POOLING AND pearance,or immedi- lot IROIan River MORE AFTER THE TIONAL ASSOCIA-Household Goods& GIVEN hat the W 011.......high Pmnary Email: COURT ADMINIS- SERVICING AGREE- Nolo upon receiving County,florid.In DECEDENT'S DATE TION AS SUCCES- MirC Board 01 County 1 ed boot bidder JSabn®Envlmcwn TRATION 350 NW HENT DATED SEP.this notification it the which PennyMe 0 F D E A T H'S SUE BY MERGER TO 267 Ramiro Solis BO.nd 0 ansa of V tor cash at...wind-Secondary Email!: COUNTRY CLUB TERSER 1,2006 Is time bet ore the Loon Service..LLC BARRED. pu LASALLE BANK NA, Houehold Good.S ComInd.InfRiveo County, _�.0 Act Q n°0I ria ei•c o mbar`tlpphvrvke®arvdm. PORTEST.LUCIE,FL, JUAN ILUEVAIS,et once I.ed less Non r] for Penn IRIo Loan ent Th anion of o dart Il/rI.N rice TON,ASTIONAL A TRUSTEE Pub:Sept 18 23,2013 Florida,will conduct • N O 0lowing0described 10 Avobeth P.Wellborn,I014310 AT AE34TTT6.772 LEASTT 7 OUTS dour,tIndian dian kivot.g 01 voice If you aro hew -the be 1./TOP W.and Kens• 201Is 3,A D[embVr O. BEAN STEAHNSF F TfN2650N2 °Public Nearingoo- anelaer the rAA NOTICE ei f a aapo,ed Z I Z pr parryh as sat forth P.S. SCHEDULED COURT Court rtwill sell the Pub:aSeptemb.r le, man,Steven J. Peron Giving Notice: SET-BACKED SEC/- OF PUBUC SALE ordinance entitled: In rot d FI 1350 Jim Moran BNd. APPEARANCE.OR P1tllin Riv ruelth In County,20201)TCN2561200 Set,Ton.#2�T1e 630 NrTroPlc Lanai SACKES ED CERTSFI-Phe8eby 0 ioenTth I AN ORDINANCE BOARDCE OF OF Jud Su.100 IMMEDIATELY ET- L 0133 CITRUS 03442 dBeach,FL UPON RECEIVING Florid B,000ed sly Unknown Spouse o1 UnitA •CATES,SERIES b.gin ning 0^the COUNTY COMMIS. SPRINGS VILLAGE E 33442 THIS NOTIFICATION LOT 8,DA VIL LA IN THE CIRCUIT Kimberly W.Leather- Vera Beach,Florida 2W0HE1,I.FlaitElff, tins a.ono..., SIONERS OF.RAN .• -P,D.,A000RDING TOleyyhone: IF THE TME BEFORE PARK,ACCORDING COURT OF THE mo T.Unknown 32860 d,MOSLEY, plow,end con. RIVER COUNTY, TO THE le l A T 195x13543644 THE SCHEDULED TO THE PLAT NINETEENTH Soo.of Steven J.Mornay for Penton PAMELA AIN.N sl., b ham ray to Y. FLORIDA,CON- THEREOF,AS RE-Facsimile: APPEARANCE TIIHN NCE IS THEREOF,AS RE- JUDICIALINCIRCUIT Leatherman,are de- Giving Notice; a 5 of Court the until all good.are CERNING POLICIES LORDED IN PLAT(9541 3543545 LESS THAN 7 DAYS; CORDED IN PLAT IN AND FOR fondants,the Indian Lawrence Y.Leonard Clerk of Court will ,old.We will se11 at GOVERNING OP- a) OFBOOK THE2 PUBLICERE�IN ACCORDANCE INS OR VOICE1 NOS IF YOU E IN-R- BOOK PUBLIC RE69 F COUNTY,FLORIDA the CiINDIAN RIVER River rcuit Couunr of will Campion,Bar �one, bide toot D A 011 to th. hN` Y---...- the Mohr.W.. MEMBERto S THE C CORDS OF INDIAN WITH THE AMERI. PAIRED,CALL 711. CORDS OF INDIAN GSE NO. ad!to the highest&Leonard,P. oe oe,h,n Secom�', MEMBER TO BE RIVER COUNTY, CANS WITH DISA. RIVER COUNTY, 31.2012'CA-000316 end beet bidder for 1115 N.Highway RIVER.REALFORECL WI Storage the fol-HEAARD;AMENDING 0 FLORIDA SIXTIES ACT,If you Pub:Slptembir 18, FLORIDA,AND AD- ugh electronically.AIA STE 110 OSE.COM,at the Iowin,r,----!%•--_odsome SECTION 102ND NB N A/K/A 681 SW TAN- a person with a 23,2013 JACENT SOUTH 1/2 U.S.BANK NATION- I I n e t Vero Beech,FL 32963 hour of 1040 AM,on endndUt °DRESSING THE GELO CIRCLE,VERO dfublllry who need. TCN'2554240 OF ABANDONDEO ALASSOCIATION hypo://www.lndian-Phone:177216789502 the 23RD dry a SEP ups a r o her COMMISSION)AND BEACH,FL 32168 any awommodatlon 27TH STREET PER PMntlff, rlvel.realforeclose.co Pun September 9,16, TERSER,2013,the Ararg5 of wh.rh o COMMISSI N)A D a) order to partici- IN THE GRCUA O.R.BOOK 366,Y. I ndl.n River 2013 following described Clams claimed,to NEW SECTION Any person°leiminp a in thio p eb COURTOF THE PAGE 434,PUBLIC CLAUSE TT K N. County,Florid.at TCN2652022 prop.: an Interest In the eur- Ing,you are wt0l.d, NINETEENTH RECORDS OF INDI- BROWN A/K/A 1040AM on.30th LOTS 10 AND 11.IN w%'nAll Pa.MI°w 02.11(PUBLIC OP- IN C plus from t.ale,if n tic wet to you,u JUDICIAL CIRCUITRY AN RIVER COUNTY, C L A U D E T T E dey of September, IN THE OfTCIRCUIT BLOCK H,OF DXIE a1. 1°c.here„trod PORTUNITY TO BE L ^ COURT.THE lams,unless other- HEARD)OF CHAP- ID a— propether rty owner x of lainn the eeisilet+nceno- . RIVER COINDIAN UNTYFLORIDA.blob,to Cha SOUSE UNKNOWNOFC e0e:ciie e following JUDICIAL EC CIRCUIT • 1A, ACDUNG TO Sxuriry Self Storwe,CTER 102 OUNTY(COMMISR CD Cn he date of the Lie Plevee oma.Co. FLORIDA hiphem bidder,for DETTE N.BROWN 5 sot forth In end IN AN...FOR INDIAN THE PIAT THEREOF.8185 20th 5t ISR 601 STONERS;MEET. C Q Pendens must file a Johnson,ADA COor- CIVIL ACTION cash.a[...Indian- AIM CLAUDETTE Final Judgment 01 RIVER COUNTY AS RECORDED IN Vero 855th,FL INCAS AND PROCE- DURES):within sixty dinetor,250 NW CASE NO.: nr it ealfa.cloee.co BROWN UNKNOWN Foreclosure: PLAT BOOK 1, pURE51:MAKING 0 L 1601 days eller the Gunny Club Drive, 2012 CA000472 0 10:00 AM,on TENANT 1;UN-LOT 2,FOX HAVEN FLOgICo 440. P LAT 86 OF THEM op SALE ' — 0 gale, Suite 217,Pon St. Ns 30th d of Sep KNOWN TENANT 2; 5 U B DMS ION 20,X,00,7 PUBLIC RECORDS son.,28,2013 FINDINGS AND EO Lucia,FL 34866,BANK OF AMERICA,umber,2013..Any AND A L L U N- ACCORDING TO THE OF INDIAN RIVER TIME OF SALE:4:00 VIDING FOR SEVE- C) Ronald R Wol/e& (772)807-4370 a NA.,AS SUCCES- porton claiming an KNOWN PARTIES PLAT THEREOF,AS COUNT".°.IM VIDINGY, R SEEM 0) ///D1 CD Associates,PL. least 7 cloys before SOR BY MERGER TO 1..1 i^the nth CLAIM 1 NG BY, RECORDED IN PLAT Iporn.,8,08,0NF Any Dor°on claiming BOMfe Georpe Klee,TION NAND AN EF. DATE Q Q Ci) 0 P.O. mpea,Fl d.26018 ippearour .delad coo;BAC SERVICING,HOME LOANS pluse other o asmle alf THROUGH,UNDER BOOK 11,PAGE 70,NAN,l AOR BOVE AGAINST THE CO HE PUEILIIO RE.8..0 NS RNE, 'lasen ster.In the other than a solthif e A 25550•00 PD o It The Public Hearing 5622-6016 mediately upon re-Pleiml% 1en.np deo0pt will 18131 2514766 n9 hi°notifin x. the date of the lie FENDANT(S).WHO RIVER COUNTY, NOTICE TO II.dmf ow^at as of bc collected at t. et Si t'o w In By:tithing if the Um.be-WILLIAM A.CAMP- Rendon must tiles 1ISIARE I N 0 T FLORIDA. CREDITORS he date of the Ile time OI N.Ute.rM day,October 1,2013 ROboo D.DeLeon tore[h.scheduled BELL,x sl. cisim within 60 day, KN OWN T O B E A/K/A 435 3300 AVE dens mon i.la a at oto,„s.m.,or as Florida Bar No. appear..i.less Def...) °her Ne ole. DEAD OR ALIVE,VERO BEACH,FL AND NOTICE OF claim within 80 dry,will born,oro a hereafter as 0083901 than 7 cloys;If you WHETTER SAID UN- 32Bfi62037 Apo... shay Ne xle. .n the con, he m.[lor may ba F10002569 NGS are hooting or vol. NOTICE OF SALE Oaten June 10,2013 KNOWN PARTIES The edminivtretion of left broom clean. heard,In Ns County he emote of NANCY TNF ABOVE IN- Commission Ch.m- Rmoeutsfor yPer. paired,call 711. FLORIDA CLAIM AS HEIRS,Any person e.our- NIRS FINE,de-°ATE°Nie3.ray of FORMATION ISTD b.located an the cla011/ by Per.Pub:September 18,Not,is hereby RN- FORECLOSURE DEVISEES,GRANT- rap In the our- ',LIN:,File Number August,2013' BE PUBLISHED e.Alf with Disyou ath nbill-23,2013 TCN2661188 en that,pursuant of ATTORNEYS,BY IA l ENO ScSICNEOIT, i Y,otherhe oale,LII 12CPA00697 pend- AttornGPEENfor SPOOH ONCE EACH WEEK Ar oft or CouB tuyileAs wily a diaabUlir.ry Forecl0sora,reed Monica LBorne, OTS,TRUSTEES yrODeM ower e.of CguU4nfwhnW ern cHnt HARDER,PA FOR TWO WEEKS .nlatrativI Com- who need°soy ac- CIRCUIT COURT Jun.21,2013,en- E Ire SPOCSES,OR OTS: a date of thee: TRADE CENTRE SAID SALE TO BE ilex,1801 27th FOR INDIAN RP/ER p0 r Countyy.F��••, UNDER AND BY VIE- gree Vero Beach, CO ommodeflan in or. COUNT••ftORIDA rad •M Civil Case ISPN03/30917,E CLAIMANTS;pendens mum Ihle• Probate gvialoi..... _'iIJ H•SUI E100 TUE OF THE STAT-Florida 32860,.t der to erticlpme In Number 2012 CA FBN 65138) EMSL MANAGE-Galm..BO rax address of which.. -'••'ESTCYPESS UTES OF THE STATE high rima Interest- d. this roceeding,you CML DIVISION 000472,M the Groh 4855 Tad, 0 HENT,INC.D/B/A gher Ne gale. 2000 lith Avenue.,,.•_ E ROAD OF FLORIDA.IN A entitled,are et n0 CASE NO. Court tor Indion RN- Way,Suite 500 SERVER()OF SOUTH DE DALE, a parties mry op eo In cost to you,to the 312012.100004XX or County Florida, Bou futon,FL 33431 BREVARD:FLORIDA Dated in Hillsborough Vero B sac h,F L p AND OVIDCASMADE poo at she mee[iI XXKX wherein RANK OF DMitsei 828 HOUSING FINANCE County,Florida on hte AND PROVIDE,. end b,heard with provision of certain Thi-eeure is repo.. Nb:Sept.B.1Q 201J M T as not e.Plemsa U.S.BANK NATION. AMERICA,N.A.,AS ema.leervia@ffewll. CORPORATION his 22nd dry of Ate The name end ad- 3 TLN0001025 reepnctp•t s pro- a Cour Mmihe SUCCESSOR BY mGfeMama gust,2013. d.0 ofthe Patton' sox 0 0 �( ist.tion,250 NW Al ASSOCAS TRUSTEE,ON,OF MERGER TO BAC CA11.02241 NOS /MZ.RMermen,EW. peprevenutiv we (M The proposed ortli- in — Sulu1fl1'A o1o°rhSt.@ARBOR P010 1006 HOME LOANS Sia theme Requests by par. NOTICE OF SALE FL Bar/69 the 0IlCai l flepn- 19541fen. 343 A'983 nonceeY be In- aCr Ct Lucie,FL,31986,712- 13 TRUST FUND, Plaintiff,and WIl- on with Di°ablll-Natio Is hereby giv-AlbertNI1 Lm can[ Iva'e oorey Email:NOTICE OF MEETING soetted by the public IC) x07.4310 n leer 7 PIa11N%, LINA A.CAMPBELL, sons with you area net,punuent to Mom,far Plaimi% ss[IMO bele,. leoren.ein.rn® eurirhp regular buvi- _ deo.before eLa.Ne Defem a with a Nandi, she Summary Final p.0.8as2332B Printer...persona gmlaw.wm NOTICE OF INTENT- nes holo.18:30 En uheduler court FP"pYOUB J.SABGA;ET On,.Indian River who n tla any ac the of tau-Tem R 3365 ham•copy of Email 2: PUBLIC HEARING m to 5:00 V. ., N Z r Z Al Count Clerk f...dation lone entered on pppaaa tri:Notice to Gedit- Honda through Fof onlyup,or immedi-DeleMame Y to ran in or. (8131 x114143 is nerved must 9mforxlOcun@ NOTICE IS HEREBY tla he OXia of only upon If the Court will eel he der to ran,.In May 30i 2013,n Nis(B13 221.8111 pmlew.wm YI at t ....Bon lf[. Pe .[u.udin this plweedlng.'Z e,1 rd/Circuit fxamlle file obldcnons that BY:Lauren E EW.m. GIVER that the he Clerk to the NOTICE OF SAIF Pdian RWer Gun re Gun ofnindien Riven ohallxye the validity Board of County Board I County time be tor.the pURSUPNT TO N' a ntltled,at no awn.: f Ne WON,the quoit Eo I minis.tier°of Commissioners lo- i.: scredulsr w7nri Fbed&deaibed ea coot t0 You,to the County,H."'the ase ealaw@ of of Na par FlorMa Bar No:85198 InNen River Conry, red n he 2nd ca le lava N.n] ONPIERIS LOT 21,BLOCK a2, provision of cattalo clerk shall gall the Ibe^elli,wcom teg114615 NOS d.°N hen- VERO BEACH HIGH- rei.ttoae.Pleas property situated In 008751RM NOS xnal repreaentativ.,Dao a[ Ior Accam- Florid°,will conduct para Bulking A a y yw an m NOTICE IS HEREBY contactlurb 1015 a Public Hearin the CoonryC Adminu ,.-"Li,all m111 l GWOrdeponSumms p CORDI EDTO EOFTHE Caonti�Nub Drive LFOTri116,R..Med.as: with°Whimelf th.f•••N too o4rymhe5 coaslfwith DeobVlii.°�0/050 RS0p�s- 180177,habtraat, E R2i 2013 tember 18,r;Flnl Judg tint f RECORDED IN SBT LOUts R.31BBq]St. PALMS.UNIT 1 with s disabilityyoo o„ab0lmI M Irtft t,%•••g GVR who iies0 digay llld t ORDINANCE 0 emi[CE et V..Beth,RMa. TCN3654211 Mayc30,21313,am PUBLIC RECORDS .7-4370.,,.beat 7 ACCORDING TO THS den.porno.orderUto t/r Flor d Prodete ommOdanonnin or-Oe In RERBIOA no OF pnlen no who ....1.1' I z Q IN THE OF ant r d In GCe SENo.COUNTY,RORIDA AN N enc/r duI 4 court apt RECO RECORDED AS .ioceedl^g,youiea. Rues,MTV THREE oto prxaeNng,you COUNTY COMMIS- wish which may COURT OFTNE ...redCA000004%X PLAT THEREOF, IN FLAT • C � NIO CIC, XXXX of t0 CP.B40/.o[public We,to the nuance,or Mime&BOOK 5,AT PAGE nti.d.m no wpm TME GALS OF gFTEBVR ar mied,at no RIVER SCOUNDTMYN, ba Inpclwlll.ad ite . JUDICIAL CIRCUIT Court M and br NEN highest bitlde1,for sly upon 1ec°Wing 11,OF THE PUBLIC yo,to Ne provision ICE Of A COPY OF cat••o you,;,Cha FLORIDA CONCERN. me.re that rb D - IRIVER COUNTN AND FOR Y. Florida,wrherein U.S. rrver..viforaclsh,at o-eco this eotCs los 11the th. ANCRTVER COUNTY,pleeunAwnnun Cords THIS NOTICE TO ...Mance.Fl,sea ING THE NFERTLIZERDSCAPE Mi mu r.cord of the FLORIDA BANK NATIONAL 10:00 AM,on scheduled appear- FLORIDA. Johnson,ADA Coo r-AIlsM,dilo re oI t.wnun.Colon Adm. AND AAGEMENT ORF prat :ding•Is Z O CAVIL DIVISION ASSOCIATION,AS lm 23 day of Sayonce s lea than')Olds 428 an AVE. dineor,250 NW dx.dot od ooher ist.uon,260 NE DINANCE AMEND :LP 0:e whichsin- _ G00 TRUSTEE,OF HAR. tem.3013. Any x if yo..hear SW,VERO BEACH, Country Club D1iva , Country Club Dol., cludaa.etimgny 13 Cn of 31-2011-GL03111 BORVIEW 200613 ye n c.,.o gar vo.A im- FL32883 Su.31],Port Si.plelms n0 demands EV:1f),Pon StI1FERNG TIL ZIER ON CONT elu�hv[.appeidence al 0 TRUST FUND le Pteren.n the err- paired,call 711. a public sale,to the Lucls,FL 34 37 0 claims decedent's Luue,FL 34986,772-TENT pN0 APPLICA- .sod, Q BANK OF AMERICA,J.SA%end AYOUB[ELIA iso,otherme from hthwle if the 23,, September 18, • derr,lot c^andel/art online beef]day80 .wore ot a tuned c0oto diin0e^t 4.beforeNon y.r SECTION 31616 A h d N.A.,SUCCESSOR J.ES/A d CELLA BY MERGER TO BAC SABGA;SYLVAN LAKES PROPERTY property owns ase of TCN2fi6a186 by dlMronk.the m:our scheduled co.or uniipuld.[etl xhedulod coon,,p- PPLICABILITY)OFA'"I w o nae s a INC INN G ALP FEKA OWNER'S ASSOGA' he dee of the Tie IN THE CIRCUIT w.ledinrver.re, ....Pm.or.m- Lima,on whom a peeraora,a is med• CHAPTER 318(IND- 000 for tri,meevng COCOUNTRYWIDE NTRY I DDE TION, ITN C.'.olaimawithin ld Nays COURTN NINETEENTH THE September 30,1013 calvioaY[ollyleunotntla- copy of Nis nrtO•lo/must file ,.to no„P4000^Ifvt i FEIAN RTILIZER AND County's tyy1 Americana - IGNGP NO.I;UNKNOWN °%O,rho xle. JUDICIAL CIRCUIT IN °[1040 AM. [loan H.raatime ba-oiad lima with tyle... before .r. LANDSCAPE MAN.With 0 bllitle.An Plaintiff, TENANT NO.2;and pled:Join 3,2013 AND FORINDIAN Any person claiming fppe.lra co to lee° Court WITHIN THE °CasdI.le sly 0 7 AGEMENT ORDI- (ADA)Coordinator at ALL UNKNOWN FLORIDA RIVER COUNT/, ° inures,the WI- tha7 ds:If you LATER OF THREE(3) ate„0 you a.Sen NANCEI OF THE 7)2.2261223 at lean D A W N M A R I E PARTIES CLAIMING FORECLOSURE CML FLORIDA plus from Ne.1e,N .r..,..,'g or vola THE MONTHS AFTER S AFTER Ing r va10.int_RODE COODE UNTY INDIAN TN 0441 the hour. aeuny0vence CAMPO;ET.AL, INTER ESTS BY. ATTORNEYS,PLLC ey,other than the paire0 Il Ill. ...alp all Ofl. Delen0enu, THROUGH,UNDER By:/e/ CASE NO.: property M 0w.as f Pub:September 10. FF THISONOnCNOS Pub:September 9,M.ALLOW FOR THE INDIAN Rn/ER OR AGAINST A EAAT.Silevieh, 31.2013-CR-05064 e date 01 tlhe Ifs a 2013 SF THIS(361 DAY& 2013 TIZATION Of THE COUN1yB5AR0ER NOTICE OF NAMED DEFENDANT Evquir.IFBN 92048) pen..must file a TCN000015 TH IRR THE MTA OF TCN2561803 SUPPLY OF CERTAIN COUNTY FORECLOSURE SALE TO THIS ACRON,OR 48550eche010g,SUNTRUST BANK. claim within 60 day. SEDUCE E OHi OOF NITROGEN CON- HAVINGORCLAIM- woo.SU.500 Plaintiff oberthe vel.. • A LIEN SALE COMMISSIONERS NOTICE IS HEREBY ING TO HAVE ANY Baa Raton,FL 33431 vs OF THIS NOTICE ON NEWSPAPER TAINING FERTILIZER JOSEPH E. GIVEN po.uant to a RIGHT TITLE OR IN- tont.,64028 ANDREW W.WAT- Douglas C Zahm,NOTICE OF THEM. LEGALNOTICE AND APPLYING FLESCHER, Final Judgment de- TEREST IN THE ennilverv.a011,Ilc. SON,et al PDI. All other Fr...of UNIT 100CHAIRMAN4-Amy CHAPTER 318 TO CHAIRMAN M ed My 30,2013,ern PROPERTY HEREIN m Defendant, Designated ADMINISTRATION e e decedent and Shnayes-Furnkure UNINCORPORATED .d in Civil Cease DESCRIBED,are p-G13ouSsEI NOS Email Address: iN THE CIRCUIT .r persons Sewing end mix,lama INDIAN RISER pub:September 1E. No.:3i-2011-CA- fondant.,JEFFREY p.qu...for Accam- NOTICE OF SALE afii/n_0duahmcam COURT FOR INDIAN claims 0r demands UNIT acts•Amy COUNtt AND MAK-2013 � 003111,o/No Gmub K.BARTON,Clerk of modatlon-by Per- 12425 2&r Street RIVER COUNTY, genet the dace- Shreava°.Fernitu. TNG FINDINGS AND TCN2554506 0 LOun of[M1e MIN-tw G.vit Gun.will n wnh OIi.blliI.NOtke k hereby Riv- North,Suite 200 FLORIDA dgnM1*Note,Inc.- M m.hems PROVIDING FOR A Ne. o rhe00 TE'n In ane for Indian and S,ei bid.for°an wiih gAdianbfliry enFnalt'Judgment of SL Pnerabur 16 PROBATE 0099/0No. tinge^Randfeunliqui-Ut,yooscrota,.pF CODIFICATION:AND Work..Meeting N River County,Flor.-Dash by electronic who needs any.0. Foreclosure,dazed Tele heas No. 312013LNWBW dated claims,most &ng AN EFFECTIVE DA- proposed be res for the OF AMEgIIA,BN.AK nivlar..all0rxlo9ae et la;tlorAuoDnnllilpnuolrn gr Inust Civil Lasa A172710 4 0 IN RE:ESTATE OF fileNEtheir NcTHREEouERnliWITHIN UNIT !ETV Hugo Greg h lon r &Su%xAlocated et CS, MERGES TORO BY C^beginFlorida,irle plliii.0,0 yap Number 000050.in20n3-CA- 87:n/Tere ELAMONO.141.EIONA AFTER TXE DA OMONTHF Datldin9 Ix i A A•The Public Hering et SW co.,of Wh n UNIT 1E419-Kt her- b...M o^Tun Avenue::°M, nd 20th HOME LOANS SERV- 10:60 a.m.o^Ire t you,to the cult Court for IMlo McD0.ld,Esquire E LAMONT THE FIRST YUBWCA- Iv W 1 M1-Computer Rey.Onbber I,x013 p.e.on Se bo ICING,LP FKA 30th day of Seplem- provision of arta. River County,MCI. TM Mc°^neld...ski!. TION OF THIS NO-wattle, e urn, °[8:05 am.,ore 30.2013 @Spm. COUNTRYWIDE bey,2013,the Y°° 000inoo,o.Plea do,wherein SUN- FBN Y13B11 bexu,mastry.itlm4 on tM1eleiter e.Mea%ny lomton ie eIR* LUNG• E LP,la pI./Oinin,arty tlas,atefonh In i t.tion,350 NE PleinOlIl,and T BANK gAN-the 120003 NOS 06 R3 TO GEINONCLTLIRS AFILES WILL BE FOOT R OSItTMed 4k Ill-Boxes, .mrd,I^[.C un a Su1[e0201 h0 t Verto and DAWN MARIE m.10 Order.or Finn Count Club DriveDREW W.WATSON.Requaste for Aaom- (Summery EVER BARRED.yot begs,Misc.hem. COmmis.Ion Cham- Bdxh,FL tim0Al SPOUSE OF• KDAWN LOWN edT 27Cfi YL VAN FIs FL 34988�n2 deSt N mi,alndi. RiRiiver cons with DIsabPili.TO ANLth 'PE MS OR Ti tion September eISaonn lle N0100 home 014001 on IOl/0/1] flat A o'600 the 01 Building p11 S e pt em b e r 110. 10. L Y/ MARIE CAMPO; LAKES SUBDIVI-00743]6 at Ideal] County Cloth of B..%you or,a per. 000ISSDEMANDS AGAINSTIMS I. S. @33oPM-ISHPAPI Am0°Ire Tou C NO; UNKNOWNBANK OF ETIONT ACCORDINGE P T wneeul:E Doan your VLaurt.ny will iwmlmO.d It socon o r,dSdanY alc TXE ABOVE ESTATE, Robert Loa FIns 6500IIh StreollA olex,180127th a TENANT Yl;UN-THEREOF AS RE. pear..,or immed4 P'oian H.as County,eommosmi0n In or-You ere hereby roll- fO50u 0000,Orb. Vere Bexh FL 32962 Street,Vero Beach, ���•E••.�} 8 ^+ ALLKNOOTHER KNOWN N-ES BOBKI1R,C PAGE 17,DS t01.NT l& CORDED IN PLAT y00/10.1,ine WO.jthe LVE C,BLOCK LH KI77,this proceeding, roce EI 5,00no Summery notion ehia b.^i enRod.,de..oth dor to participate io fled Nu on Order / A 30342-2400 en„ Pub:Sept TCN2553981 d 2013 dl hrtfl iln'2oeYieSpt LOOKING ✓ i CLAIMING INTER- OF INDIAN RIVER sohedulad.Dpesr. LANDS UNIT THREE o[00you 00 the tared in Me estate of StephenN Armen USI Self Storage,L0-pear at the meetingFOR A ✓ ES1$BY,THROUGH,COUNTY,FLORIDA. on,is Ice Cho 7 ACCORDING TO THE p.vislon of cen.ln Ed.Katherine La-FL Bar @0.0528955 CATED AT 9883 N.and be heard witBARGAIN? Public Hearing-B.C.C. 10.01.13 V Office Of INDIAN RIVER COUNTY *. ATTORNEY Dylan Reingold,County Attorney William K DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney iQK— DATE: September 18, 2013 SUBJECT: Ordinance regarding reasonable opportunity to be heard, per Senate Bill 50 BACKGROUND. Earlier this year, the Florida Legislature adopted Senate Bill 50, which goes into effect on October 1, 2013. Pursuant to new Section 286.0114, Florida Statutes, "[m]embers of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission." Section 286.0114, Florida Statutes, also provides that the opportunity to be heard on such a proposition shall be subject to certain rules and policies adopted by the board or commission considering the proposition. Additionally, Section 286.0114, Florida Statutes, provides that if a board or commission adopts rules or policies in conformity with the scope of the limitations set forth in Section 286.0114, Florida Statutes, then "when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance" with Section 286.0114, Florida Statutes. Thus pursuant to Senate Bill 50, on September 10, 2013, the Board of County Commissioners adopted a resolution establishing policies and rules governing the opportunity for members of the public to be heard. The Board of County Commissioners also at that time authorized the County Attorney's Office to draft an ordinance to incorporate such rules and policies in the Indian River County Code. Indian River Co. Ap r ved 4at Approved for October 1,2013 BCC Meeting Admin.Public Hearing Co.Atty. IhBudget 4WDepartment C TY ATTORNEY Risk Management--72, --- F.W it meylLindaIGENDUL0 CCt4genda Memos%Pub(M Meetings Ordinance(SB 50).dw 176 Board of County Commissioners September 18, 2013 Page Two The County Attorney's Office has drafted the ordinance, which establishes Section 102.11 (Public opportunity to be heard). Section 102.11 provides an opportunity for the public to comment prior to the undertaking by the Board on any action on the agenda, including those matters on the Consent Agenda, except for those items exempt under Section 286.0114, Florida Statutes. Public comment will also be allowed on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. The ordinance also allows representatives of large groups or factions the option to address the Board, rather than having all members of such groups or factions speak. The ordinance exempts these requirements from those official acts of the Board involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations. Also the requirements do not apply to those meetings that are specifically exempt pursuant to Section 286.011, Florida Statutes. Finally, the requirement does not apply when the Board is acting in its quasi-judicial capacity. FUNDING. There is no additional funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office respectfully requests that the Board open the public hearing and then adopt this ordinance establishing policies concerning the public's opportunity to be heard at meetings consistent with State law. ATTACHMENT(S),. Proposed ordinance. DR:LAC 'W U—YlLindaIGENER9LIB CCWgenda MemoslPnblicMee(ings Ordinance(SB 50).dac 177 ORDINANCE NO. 2013- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING POLICIES GOVERNING OPPORTUNITIES FOR MEMBERS OF THE PUBLIC TO BE. HEARD; AMENDING SECTION 102.07 (ADDRESSING THE COMMISSION) AND ESTABLISHING A NEW SECTION 102.11 (PUBLIC OPPORTUNITY TO BE HEARD) AND OF CHAPTER 102 (BOARD OF COUNTY COMMISSIONERS; MEETINGS AND PROCEDURES); MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Section 286.0114, Florida Statutes, requires that "[m]embers of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission"; and WHEREAS, Section 286.0114, Florida Statutes, provides that the opportunity to be heard on such a proposition shall be subject to certain rules and policies adopted by the board or commission considering the proposition; and WHEREAS, Section 286.0114, Florida Statutes, provides that if a board or commission adopts rules or policies in conformity with the scope of the limitations set forth in Section 286.0114, Florida Statutes, then"when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance" with Section 286.0114, Florida Statutes; and WHEREAS, the Board of County Commissioners by adoption of this ordinance desires and intends to adopt rules and policies in conformity with the scope and limitations set forth in Section 286.0114, Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. Enactment Authority. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes, vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. 178 ORDINANCE NO. 2013- Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Amending Section 102.07 (Addressing the commission) in Chanter 102 Board of County Commissioners; meetings and procedures) of the Code of Indian River County). Section 102.07. County officer addressing Addressing the commission. 4: The county officers shall have the right to take part in discussion,upon recognition by the presiding officer, at any time but may not vote. address,2. Any ether- per-son who desir-es to address the eenunissien may be r-eeegnized by the presiding offleer-, and when r-eeegnized shall step to the mier-ephene, give Ms name and and then give his remarks, lifniting his remarks to dffee mintAes upAess additional time is gffifited bthe-eeiierr Section 4. Establish Section 102.11 (Public opportunity to be heard) in Chapter 102 Board `• of County Commissioners; meetings and procedures) of the Code of Indian River County. Section 102.11. Public opportunity to be heard. 1. Members of the public shall be given a reasonable opportunity to be heard on a proposition before the Board of County Commissioners The Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda, which falls outside the scope of those items listed in subsection (2) below. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting• 2. The requirements in subsection (1) do not apply to: a. An official act that must be taken to deal with an emergency situation affecting the public health, welfare or safety, if compliance with the requirements would cause an unreasonable delay in the abili , of the Board to act; Coding: Words/letters underscored are additions to text; words/letters in format are deletions to text F.Lt0omryVJdo1GFNFRALIResnfudont h OrdfnanaalOsilnanceslPublfcMernngalOrd7nmice 09.13.13.d— 2 179 ORDINANCE NO. 2013- b. An official act of the Board involving no more than a ministerial act including, but not limited to, approval of minutes and ceremonial proclamations; C. A meeting that is exempt pursuant to section 286.011, Florida Statutes such as a meeting with the County Attorney's Office concerning settlement negotiations or strategy sessions related to litigation expenditures• or d. A meeting during which the Board is acting in a quasi-judicial capacity. 3. Any person who desires to address the Board of County Commissioners maybe recognized by the presiding officer, and when recognized shall step to the microphone, give his or her name and address, and then give his or her remarks limiting his or her remarks to three minutes unless additional time is granted by the presiding officer. 4. Representatives of groups or factions on a proposition may address the Board of County Commissioners, rather than all members of such groups or factions at meetings in which a large number of individuals wish to be heard. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. Coding: Words/letters underscored are additions to text;words/letters in stpiketkwough format are deletions to text F.•14m—yU du1GENFRAL&-lunau&Ordlnanasl0rdinmutslPubllc MeellrtgslOrdlnmlce 09.13.13.docr 3 180 ORDINANCE NO. 2013- This ordinance was advertised in the Vero Beach Press Journal, on the day of ,2013, for a public hearing to be held on the day of 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2013. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY,FLORIDA By: By: Deputy Clerk Joseph E. Flescher, Chairman Approved as to form and legal sufficiency: Dylan Reingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. ® Coding: Words/letters underscored are additions to text;words/letter ' g sm s4ik@*&ough format are deletions to text F.l90omryVJndo10ENFRALVkaohnlons&OMln .10,1.—APub11.MicftAOMM—09.13.13.d., 4 181 MAWSCRIPPS TREASURE COAST l� '� NEWSPAPERS Indian River Press Journal R�CE�V 1801 U.S. 1, Vero Beach, FL 32960 $,.S.. �,, a.�. . �� AFFIDAVIT OF PUBLICATION SEP 19 2013 C' pUN p���RNEY'S STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po # INDIAN RIVER CO ATTORNEY 2554505 9/16/2013 NOTICE OF INTENT OPPORTUNITY HEARD NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Sworn to and subscribed before me this day of, September 16, 2013, by , who is Sherri Cipriani ORIGINAL [X] personally known to me or [ ] who has produced as identification. Mary T. byrje Notary Public [:My MARY T:Aujq Notary PuDiic- Florida Comm.Expir ,2014Commission 34 ISI- A • I • 12 •SCRIPPS TREASURE COAST NEWSPAPERS •MONDAY,SEPTEMBER 16,2013 •IR TCPALM,COM CLASSIFIED • NOTICE OF NOTICE OF NOTICE OF NOTICE OF NOTICE OF NOTICE OF NOTICE OF FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE ADMINISTRATION NOTICE OF ELLE NOTICE OF SALE NOTICE OF MEETING ESTHER SIEGEN,AS of September,2013 THE SALE. INC.,ASSET Dated:August 21, COURT OF THE Koren L Shute,as Household Goode& decision which may AN HEIR Of THE ES-the following de- BACKED PASS• 2013 NINETEENTH trustee of Ne Joanne BANK OF AMERICA, Mise be mede et this • TATE OF ROGER ecrbed reel prop,DATED it V•r o THROUGH CERTIFI. FLORIDA JUDICIAL CIRCUIT M.Haltom Trutt NATIONAL ASSO.335 Carole Srenan meeting will need to • ni FERGUSON A/K/A es eon forth In said Beech,Florida,on CATES,SERIES FORECLOSURE IN ANO FOR INDIAN 530 N.Tropic Lane, CIATION AS SAC-Nou,eAold Gods S ensure that a verb. ROGER W.HMV- Final Judgment,to Augu127,2013, 3006.W2,UNDER ATTORNEYS,PLLC RNER COUNTY. Unk A CESSOR BY MERG- Misc. An,record of he pro- () SON A/K/A ROGERk WILLIAM FERGU-LOTSMITH,HMT75 THE POOLING AND Ely:NI FLORIDA Vero Beach,Florida ER TO LA SALLE 358 Omni.StiHouseholdson a dingo is mode. 36,BLOCK I, DIA0 PA- SERVICING AGREE-Brad S.Abramson,Es- CML ACTION 32980 BANK NATIONAL HouseholdGoods& which Alludes testi. SON,DECEASED; I%ORA PARK PLAT Attorneys for Plaintiff MENT DATED SEP. quire CASE NO.:ALL INTERESTED ASSOCIATION,AS Rho. many end evidence N ANY AND ALL UN- NO,6,AS PER PUT PO BOX 11430 TENSER 1,2005, (FON 815541 31.2012-0500143/ PERSONS ARE NO. TRUSTEE FOR CER-403 Jena Young upon which the ap- T KNOWN PARTIES THEREOF.RECORD- Fort Lauderdale,FL Plaintiff 4855 Technology ONISION: TIFlED THAT: TIFICATEHOLOERS Household Goods N Deal is based, CLAIMING BY,ED IN PUT BOOK 6, 33338 1438 vs, Way,Suite 500 All creditors of the ea- OF BEAR STEARNS Mkc. THROUGH,UNDER PAGE B3 OF THE Telephone:JUAN LUEVANO,et Bae Raton FL33931 PENNYMAC LOAN tate of the decedent ASSET-BACKED SE,451 Wanda Jones Anyone who needs a 195 ANO AGAINbT THE PUBLIC I!ELORDS 4)564 00)1 1. 172114464826 SERVICES LLC AS end persons having CURITIES I LLC,AS.Hoo.,Hald Goods& special incommode- = HEREIN NAMED IN-OF INDIAN RIVER Facsimile:Defendemlel emellservceeffe aet l°. SERVICING AGENT lalme or damnds SET-BACKED CER-Net. bon sfor thio medrp L. DIVIDUAL DEFEN- COUNTY,FLORIDA. (9541564 9252 m FOR PENNYMAC gar the estate of TIFICATES,SERIES 512 Kindle Robertson t co tact the DANTIS)WHO ARE Service E-mail: NOTICE OF SALE 0513-00148 NOS LOAN TRUST 2011. the decedent other 2006HE7 Household Goods B County's Americana Act O NOT OROAN LOIVE,cE If himing a rou are a igrson answers@ ht to hdl,Gel rot.cont Notice Ie hereby RN.Requests odationar by Per-Plaintiff, Drovlslov for than those for lull vs om 116 `26 Chdde West IA`DA)Coordinator a Q IL WHETHER SAID PARTIES offend the sale, &r NB,Garvina 003)&1 acMillan en Flna•,Judgmant to nt tI Resewith ll you Oe°s pe-KIMBERLY W.LEATH- In 0.ret wee t made ANNLE Y,PAMELA :'u, Goods& 40-hours226-1223 at In advance leaste MAY CLAIM AN IN-must Ns,claim with br Foreclosure dated • wlh a di.eD:llry ERMAN,tt el, maty Adminlrtrnl°n prod•ma : I...Andrew. of he meeting. T E R E S T A S the cleft no later Ralph W.Cenhde Rey 30,2013.en-who need's any et.DelendenHe4 _No their Nelthis coun ms _1.I Business N_ H ORrys efts. EOTHEAACLTRIM rho sale.e-than 60 del lou tell 1181Rod.Ben tared in Civil Ce.83312 o.00085� Num er 2011 CA hemp°p.Rton In or-ici at inu NOTPURICE OF SALE IN THE ODS SET FORTH PERI. FORECLOSURE SALE i I OF lf1 LPu Mphrey COUNTYO� ff Z ANTS: CITRUS will not A,.022etlm IF YOU AREA PED- Caul lot Indian RN- are.1111led,l it no CRAFTER 45 SECTION103.102 OP NOTICE IS HEREBY Earp COMMISSIONERS S ,.I SPRINGS VILLAGE M remaining hid+. SON WITH A DISH- a County,Flor12,.cost you,to the THE FLORIDA PRO- GIVEN pursuant t°5022 Us On. JOSEPH E. O ASSOCIAATION,INCS the ownerr o 60 f record ANY ACBILITY COMO M ED BrANK Nin ATIONAL eseletenear Please GIVENEIS Pursuant toe ALL CLAIMS AND DE. JudBATE CODE. an gmentEBY ,enteror ed In A/Cnho B CFHmRMARN U Z CITMASTER HUS RINGS OME. Iie pof ardons dote of PAON IN ORDER TO RTICIPATE PATE IN ASUST TRUSOTEE FOR letnect llonurt Admin-final 250 NE Foreclosure dated FILED WILL Ement of RANDS T SO Case No.FOR- 05010480 oflthe Gr 5313 Deborah Flyn Pub:September 16, OWNERS ASSOCIA-claim the surplus. THIS PROCEEDING,ARGENT RECUR!. Country Club Drive,August 14.2013,and EVER BARED. cult Court of the Household Goad.S 2013 Be.. TION.INC;TENANT YOU ARE ENTITLED, TIES INC„ASSET-Suite 217,Port St.entered In Case No.NOTWITHSTANDING 19TH Jud.lel Circuit Mies, - TCN2554503 LL 01 TENANT 02;Dated this 8 day of AT NO COST TO BACKED PASS-Luce,FL 34904,712-31.2012-CA-001437 ANY OTHER APPLIC. In and for INDIAN 703 Patrick Wargo T 0 N A N T 6 S; September,2013, YOU,TO THE PROVO THROUGH CERTIFI.8074310 et leen] of the Circuit Court ABLE TIME PERIOD, RIVER County,Florl-Household Goods S NOTICE OF INTENT- O TENANT 04 ere the By:ls/Johua Rabe, SION OF CERTAIN CATES.SERIES drys before yoeuur of the Nineteenth.-ANYTWO'CLAIM FLED de,wherein,BANK Miec. PUBLIC HEARING •Ce CI fkn f thee CTD•Flq Be'N:85356 K EASE CONTACT THESPOOLING AND pear..DER duidor court m.tl4 Io°relCircuit In lndian Riven MORE2AFTERSTHE TIONAL ASSOF OCIA-Hoo,NA.234 eNoldra ail Goads&NOTICE IS HEREBY `� W will.11to the hI H-Primary Ental; COURT ADMINIS- SERVICING AGREE. ry upon reuiving Countthe y,Florid,in DECEDENT'S DATE TION AS SUCCES. Miac Board 005.8 the y U la end cash n1,nuR t And-Secondary EmailLOrn COAUNTRY CLUB EMBER 1,2005 le rim.•OeS,I ore tion Rthe Loin Services YALLC BARRED. A T e.g.f Mat X'S LNSALLER BY MBANKRNA-267 hold Goods IB Commiseloners of • CD L tic lose,0 omt ert•com nice®amlaw. DRIVPORT ST.LADE,PL.JUAthe N Plaintiff, sd et en°edIsled lees then rx for...icing Loan The date of this NotT10N.tL ASATRUSCIA.TEE Pub Sept 18,23,2013 Florida,veII Clduot r 1 0:0 0 A M,on eevy 34086,772 807 4370 el..ere th°Defen. days It you ere Mer-Trust 2011-NPLI Is I September 8,0FOR L E R T I F - TCN2553B82 °PODIlO Hhe`eeop- Q N o l000w09 descrllbeld Attorney R.forWellbor, BEFORE Yeindth AT LEAST 7 OUR AYS Coaunty Clerkiyer of paired.ca111or 11. 1m berlthe ptfeiW..hff endIds2013. Giving BEAR 9TEARNS AS. NOnCE LE liansfehe.od ' CU- 17'1711'A nae 1 300 Jim Moran Blvd. ASPPEARANCE,DR propertyOURT Anteurt d will ehoetelld to 23.201he Pub: 3 umber lila mleethermer.Ten.; Person Bf+O NwenL Shuter RI11ESET-s IC LIE,DASSETT- PUBLIC NOTICE is ANORDINANCEOF Judgment: Suite 100 IMMEDIATELY Indian River County, TCN2554200 I 1,Tenant 02,The 530N,Trop.Lane, BACKED CERTIRI- hereby elven,O. THE BOARD OF LOT 33 CITRUS Deerfield Beach,FL UPON RECEIVING Floride,Mecibed es: Unknown Spouse Cl UnNtA CATES.SERIES beginning on the COUNTY COMMIS- SPRINGSVILLAGEE 33442 THIS NOTIFICATION LOT 6.DAV ILIA IN THE CIRCUIT KimberlyW.tether- Vero Beech,Florida 20060E.Is Plaintiff,doe oe m•r ed SIGNERS OF INDIAN -P,D.,A000RDING Telephone: IF THE TIME BEFORE PARK.ACCORDING COURT OF THE a^,Te Unknown 32060 ed,MOSLEY, below,Srs coo, RIVER COU NTY, TO THE PEAT(8843643644 THE SCHEDULED TO THE PLAT NINETEENTH Spouse of Steven J.Attorney for Person PAMELA ANN,e,I..In^Rem deem dry,FLORIDA.CON- P. THEREOF,AS RE.Facsimile: APPEARANCE IS THEREOF,AS RE- JUDICIAL GRCUR Leatherman,are ds Giving Notice: a Deleneante,the u 11,II 0°oda are FLORID POLIUE- CORDEO IN PLAT(964)3543515 LESS THAN 7 DAYS; CORDED IN PLAT IN ANDFOR fondants,the Indian Lawrence Y.Leonard Clerk of Court well Id,We who sell• GOVERNINGCORNINGPI L IES BOOK 21,PAGE 3,83)IST-29841 NOS IF YOU ARE HEAR- BOOK 3,PAGE 69 OF INDIAN RNER River County Clerk of FL Bar No.0000331 ll to the hlgheet PUBLIC AUCTION,t° PORTUNITIES FOR (I) OF THE PUBLIC RE.IN ACCORDANCE LNG OR VOICE IN. THE PUBLIC RE. COUNTY.FLORIDA the Circuit Coon will Campiou,Campton. bidder for wish in. he two9hest hisser, MEMBERS Of THE c CORDS OF INDIAN WITH THE AMERI- PAIRED,CALL 711. CORDS OF INDIAN USE NO. sell t0 the highest&Leonard,P.A. WWW,I N D I AN-for ust,et sewn& PUS TO SE RIVER COUNTY,CANS WITH DISH- RIVER COUNTY, 31.2012'CA000226 and beet bidder for 4405 N.Highway RIVER.REALFORECL Sell Seore92,eh 1a1 PEARL:CMTNOING OK N FLONDA BRIDES ACT,II to Pub:September le, FLORIDA,AND AD- cash eleetronical.l.MARIE 110 OSE.COM,at the lowing poach,wens SHEARD: 102.07164 A/K/A 687 SW TAN. re a person with,23,2013 JACENT SOUTH 12 U.S,BANK NATION- I I n e t Vero Beech,FL 32961 hour of 1000 AM an ane merchendne M DD TION 10,THE GELD CIRCLE,VERO disability who needs TCN2954240 OF ABANDONDED AL ASSOCIATION hnpnJ/www.lndien-Phan:171210169582 the 2300 dry of SEP- storage red other COMMISSION)AND BEACH.FL 32968 any....dation 27TH STREET PER Plaintiff, rivernielforevloe.co Pub:September 8,18, TENSER.2013,the oho °f WOch COMMISESTABLSION) RING A In order t°Da rficl- IN THE CIRCUIT O.R.BOOK 366 v. •Inydle^River 2013 follpowiiing describes lien la elelmed,to NEW SECTION Any bperson est ln the pate In t alre proceeentitled, MNRETOFTHE RECORDS OFPUBLIC -[BLR O W NTA EK NA 1096464,rel0aa3031 T012552022 LOT5•IO AND 11 IN colt.ngll he o ld 10211(PUBLIC OP- CD C rty plus from the sale,fl n°m to you,ro Jt0015 GRCUR IN AN RIVER COUNTY C L A U D E T T E day of Sap[ombor, IN THE CIRCUIT BLOCK N.OF DIXIE e Ion hot 0thold PORTUNI00 TO 8E U) Q property other than the the prevision of....nos AND FOR WOIAN FLORIDA. BROWN:UNKNOWN 2013,the f°II°wlnp COURT OF THE HEIGHTS.UNIT N0.wi•mi 1 her- TEHR 102)IBDAOF Lno OF Q _ Pup,owner n N too seateta nce. RNER COUNTY, a Dublk tier to the SPOUSE OF CLAD-.,eel 111 property JUDICIAL NINETEENTH 1-A ACCORDING TO Secures ell5mnge, COUNTY COMMIS • - Cr) the date of the I. Please cornett Correa FLORIDA at bidder,for DETTE N.BROWN •[bnM1 in said IN AND FOR INDIAN THE PUT THEREOF,B9B5 20h S[15R 6p1,SIGNERS;MEET- >v C 0- •— Pendent mutt file J°hnaon,ADA Cool- CIVIL ACTION h,,t wwwAd'un-A/K/A CLAUDETTE foal Judgment of RNER COVNY. AS RECORDED IN Vero Beech,FL INGSAND PPOCE- IC • la1m wlhln slx[y dlnetor,250 NW CASE NO.: cash, BROWN;UNKNOWN Foreclosure: PLAT BOOK 4 OUflf SI;MAKING E.1 >` (YO)deYa afar the Country flub Drive. 2012UIg64)t a 10:00 AM,on TENANT 1;UN•LOT 2,FOX HAVEN ROMDA�ENOI LAT 85,OF DS owyE of SALE: RNDINGS AND PRO' O — 0 e. Suite 217,Port St. the 30th day o1 Sep.KNOWN TENANT 2. S U B D M S ION, 70,00s. 067 PUBLIC RECORDS 5 pt be126 2013 AIDING FOR SDP. • Q) 0 Lucke,FL 34906,BANK OF AMERICA. mbar,2013.,Any AND A L L U N-ACCORDING TO THE OF INDIAN RIVER TIME OF RALE:400 flABILRY,COgFICA- 0) 0 R°ne*ism, is°„P.L leastl7 days before SO.SY MERGER TO interestCER- person In claiming the us CLen AM I NGS BY.TIES RECORDEAT D INLATIN RE-ESTATE Of:stoff Any CLINperye sla in PM TION AND AN EF. • Q U) Q P.O.Box 25018 yon nit°cued court OAC HOME LOANS lue horn the sale,a THROUGH.UNDER BOOK 11 PAGE 70,NAN„oft, NINSRgpiss, a Intern(in the sur-BB293 Georg. PDeneoln°' FECTIVE DATE. Vl Tampa,Florida appearance,or Ir-SERVICING,LP, any,other than the OR AGAINST THE OF THE OUBLIC RE-Deceased. lue Nom he sale,R A S50.00 per unit The Publls Retiring 33822.5018 oe diately upon r•-Pleidfl property owner eve of ABOVE NAMED DE-CORDS OF INDIAN any,other then the ceenln deposit 001 I1 be held on Tues (8131 2614766 calving this noelfiu-vs, he date of he Iia FEND110IANTI61.WHO RIVER COUNTY. NOTICE TO Flee&°di S•eat be collected at the dory,October 1,2013 BY ion It the time be-WILLIAM A.CAMP- pendens must file, (1 S/A R E I N 0 T FLORIN CREDITORS he date°f the lie time of the eel.and et BIOS e.m..°r as Rohan D.DeLeon fare the scheduled BELL,et it claim within 60 dare ANOW N TO BE MOA 435 33RD AVE AND NOTICE OF P•nd•n+mu.dee will be returned °n the se alter as Florida Bar No. appearance N lase Dehdnds) Ow he sale. DEAD OR ALIVE,VERO BEACH,Fl AOhtheis .riow calm noir 60 days when he unklel era tee masse may be 0087801 [hen J days:it You WHETHER SAID UW 329867032 ,her he sale. F10002563 NOS re hearing or vet NOTICE OF SALE Datd:June 10,20/3 KNOWN PARTIES The aeminlentkn of left bu°m clan. Mab,M the County he emu of NANCY THE ABOVE IN-Commission Cham- flmouesfs for Accent- ImDelnd,ull 711. FLORIDA CLAIM AS HEIRS,Any garcon claiming NIRS FINE,de-UTE.hie 2x say of FORMATION IS TO ben located on he dation°by Per-Pub:September 16,Notice to hereby giv- FORECLOSURE DEVISEES,GRANT- Imerert,n M.sw-ceased,RN Number August,2013. B E PUBLISHED first Bon of We. with Dlsebir-23,2013 n hat,pursuant ci ATTORNEYS,PLLC EES,ASSIGNEES, Fly frorn Lhie 12CP-00887 pend- A...GRENYNN.ENSPOOH ONCE EACH WEEKAd Wself you en,per- TCN2554286 a Final Judgment o1 B:hl LIENORS,CREDIT. Ing In[D.Urouit FOR TWO WEEKS Ajdesteathe Cons wlh•disability IN CIRCUIT COURT Foreclosure,dated mom.L some, ORS,TRUSTEES, prop,own•,a of Court IOr Indian RFs- MAROER.PA. SAID SALE TO BE olein,1801 27th who needs any ac- FOR INDIAN RIVER June 21,2013,•- Exulre SPOUSES,OR 0TH- Lha date of Cha Lea er County.Florida, TRADE IFNDIE UNDER AND BY MR-Street,Vero Beach, mmodeli0n In or- tared In Civil Case ISPN 03133917, ER CLAIMANTS; Pendens must Fila+ Pr°bet Division,he SOUDLSUITE700 TUE OF THE STAT- Fla r Ids 32960,at Ca der to penicipete In COUNT,FLORIDAARION Number 2012 CA FEN 85)38) EM 5 L MANAGE-Calm wnhtn 60 drys address of which is 100 WEST CYPRESS UTES OF THE STATE beth time interaat- this roceding•youCML 000472.In the Chou° 4855 Technology MENT,INC.D/B/A ever he sale. 2000 lath Avenue CREEKROAD OF FLORIDA,IN 0d r , entitled,et no USE NO. Court for Millen RN- Wry,Sults 500 SERVPRO OF SOUTH FORT UTUDEROALE, • nettle may ep- 312012U0000041X id County,Florid, Baa Raton,FL 33431 BREVARD:FLORIDA ped In Hillsborough y°ro Beach,FL FL33708 ANDH CASE MADE Fear at the meeting cont not to XADIX herein BANK 00 (727/4464826 HOUSING FINANCE County Florida an 32980 Telephone:AND PROVIDED.DEDI rte be heard wiel emersion nes,°n a S UCCE,N.A.,AEC emellxrvlce®ffapmllc. CORderS, hie 2day°I Au Thk seam k taeata. (984)3436n3 Pub:sow.TCNO2013 re ed O tt the Pre- lane..Plvaaa U.S.BANK NATION- SUCCESSOR BY m pkndanK The name and ad- Hearing Lin°: TLNx5518xe eased ordnance. sm.,Court Admin 9:1'11.0°,14.......E, deeq of he PerwnN 0 X ).Crehan 250 NW AL ASSOCIATION. MERGER TO EAC G1n-02N1 NOS ;INN.Oror,rd 18 881 4914120 The,posed ordi- _ co...,Olub Drive,AS TRUSTEE,OF NOME LOANS SERV.pmoueta for Accom. NOTICE OF SAIF FIB.,89309 4.7:111;W:".-nFswimile: LO Len': ul21),Pon 9r HAPBORVIEW 2006 ICING LP is the datl°e by P.r. (s64i 343 b982 eY be in- 13 T9115T FUND. PI•IntlTl,red COIL- on with Dlxbili.Notlr le MrebY gN-Albnelll Lrx sena r e Morn, Email: x.�e�y he public • 0 807.4370 rt3661". IFavt)v. you area y far Plaine sof eve h Mlnv. kuren.Nnhomh NOTICE OF MEETING tlurinp rs9uler buv4 I 1 —.6—, LIAM A CAMPBELL, rl•AP per- Det,pursuant to gnome ell Intereaud prep• NOTICE Of INTENT- nrsa hours 18:30 U _ da before AYOUB J.SARGA ET 81 N.,an the DNem with•diseb,liry she Summary Final p,0.Box 23028 ham a eopY 1 gm1.6•66 PUBLIC HEARING m t°5:00 "in Iled court e•y•• dams,Indian River who needs any tic- JudOmnt 7 Fore-Tempo,FL 33623 hes Notice a Gdit- Email 2: C • O•I Z . Z r..7 nu or Inanedl'4,r,,.... County Clert f °mmo2NIon In an closure entered n 181312214743 a Is served mutt °mf 1,76,,wreO NOTICE IS HEREBY d y) 15h OrIh Fof ty FF r B A: Court wilt WI this der to participate In 360 30,201X in hk N131221.9171 ore objections that Iaw.com GIVEN that the the Clark to the hk nofllke2orepi H hepropertysituated In We proceeding,you ,In he Circuit hcwm,le ileothe soled' se.Laura^K.Ei s.0"th GIVE °I Count • time before the NOTICE OF SALE IndlenRNer County, ere ntltled,at no Court of Indian'mar e5enice: challenge 'tY Fe Y Board of County scheduled appear. PURSUANT TO nodal.,descriedae: coat to you,to the County.Florida,the . ealaw@ d he Will,he gals Fluids Bar N°.:95198 c...1."...f C°mmisai°nen 1°- •Is lase,hen) C./0,U. LOT 24,BLOCK 82, provision ei certain clerk shall sell the ,,,,,„..,„„m bcatlon.of ha per-18941 rt15 NOS Indian River County, d n the 2nd CD K hear VEflO BEACH RIGH- xs4setance.Plsee ,pettyy lee rtdln pd9)51Fg1 NOS tuna)representative,R„o for we. Florida,will conduct lkor of on A°f tlrye you ea NOTICE IS HEREBY UTNOSUNIT FIVE, n Court Admin- Pdtsn R ear County,Notice t°Pion. I rsdhllon dations by Per. Pella Hearing the County Admin.. pe d,ull711e Int- GIVEN N r 0150mmo-ACCORDING TO EOF AS 0[rnrii CIubSDrv,ve,LOTrida,BLOCK 9.eOF with Disabilities If ofP beton•O-0g,06,-,use,sonsB with Daaebm-llonai01 ilP,poop 5,01y2Jth StE reet. P 0010 ember 16, 66 ly One' Judg detect RECORDE IN PLAT Su Suite �217.P01,51.W H I SP E RI N reed+u ryebelxyyou ere e rmmho t. all.N wlhrhl°punk, soh ho with dnYlllK ordlxme ammed: Ven Ruhr Fbdea. TLN2654274 M,y 30,2013,end pOBLIC RECORDS 804370,1 lel.7 ACCORDING TD THE date°^In Order a rhe accord.. with t• °mmddon(n or,AN TXORDI BOARD OF Anyone ne who I°ay a) Z IN THE CIRNIT tend In Ci No. OF INDIAN RIVER Bays before your PLAT THEREOF,A& paniclVyate In this res.WITHIN THREE der t°DanwepN.in COUNTY COMMIS- dec'b°a Which en, SD Q- NINRETEENTHF E %1%XX21t The Clrtult eCOUNY,FLORIDA scheduled court•- RECORDED IN PUT praeatllnB.You aro (31 MONTHS AFTER hie Fraeaeln0•you GONERS OF INDIAN be Im mend*n this pblb'sale,to the poorer',a imm•d. BOOK 5 AT PAGE.mined,•t n0 cost mE°ATE a ntltled,At no 0 >' JUMCV.L CROAT Court In and for WE-highest bidder,for •ry upon re/ANing 11,OF THE PUBLIC you,m he„oriel. ICE OFA COY OF coat you•[°the FLORIDA CONCERNVER . erdare ff. need to I— INRIARD FOR VER COUNTY,INDIAN en Florida.wherein U.S.rlve.reafforecloseso t www.Ndias ti aie lief ore the ANnn if the CORDS OF INDI.RIVER COUNTY, please certain co^ua Corrie THIS NOTICE TO Fr Is an°°r please ING THE FERTILIZER elm record of the D f L FLORIDA BANK NATIONAL [10-00 AM,°n 'scheduled epee,- FLORIDA. Johnson,AOA COar-ATllrltemtore of he .nice pun Admin' MAMA EMENawn T OA mr°...ed ys Z Q CIVIL DNMSION ASSOCIATION,AS he 23rd dry°I S,P n.Is levee than 7 a/t/a 425 6TH AVE, afoot,,250 NW ll oedent end other Istretivn,260 NE MNA GE AMEND-elude)reatlm Iny o Q) _ Casa N°:TRUSTEE.OF NAR-umber,2013. Any deye If you ora hear- SW,VERO BEACH,Country Club Drive, s 5 1 g Coul Uub Diva,ING SECT ON 310.6 ,d•vlesnce co upon N 312011{-0003111 BORVIEW 2006 13 Imaeon eldming en Ins or voice int- FL 32962 SuI1v 317,',gag: elatm+os demands Sum,as 211,Pon St. FERTILIZER CON TRUST FUND Ie t In the neer-Roane,co,711. •public sale,to the Lucie,FL 34888, 011tnv[de°donde L RE.' °77' 1 AND ARROW-v:.111:11 the ems!Is .Cf U BANK OF AMERICA,Plaintiff A8 one AYOUBCELLA ems,othehom r than the Pub:p1�timber 18. hist de der, nd for best bid. In21J doe Wore m orad c°nine un. d I-66I6I61 I°Y°tee I TION r SECTION 3ES116 I AND A • h d �l — N.A..SUCCESSOR J.6ABGA;CELLA east ° rfi e BY MERGER TO BAC SAMOA;SYLVAN prop,oven.,as N • TCN2554196 by Ixrtr.M.els st,our scheduled court°I`u 11 deed scheduled court tip ppLICABILITY)OF ,°r i:tetm`atd: HOME LOANS SERV- LAKES PROPERTY the dee of the lieICINGIRCUIT .Ineranrlver.resl Tpearance,or Int- ^ our 666'6666'or 6"r"d apace COUNTRGYWIDE TII OEN'S INOCIA ooimew10 pfld•y, ICOURT N THE COF THE SepteI mber 30,°283 xNln mediately upon c40nd d,e no file 0.I. hknu)Cation Hhon e IANRILEI FERTILIZER must COAmeticthe HOME LOANS SERV. UNKNOWN TENANT eheldleule. NINETEENTH et hlo Ad, tion if Ne thee be- Im�belare[he County's ICING IP NO.1'UNKNOWN JUDICIAL CIRCUIT IN fora the acheduletl I°Imo with this echedu lee appear-LANDSCAPE RAN-With Disabilities AN v.Plaine, rdinator so ALL UNANTNKNOWN FLORIDA Death July 3,FO AND FOR COUNTY, Asylmeravr In tM xst toape7rdeya;Iif Nee UTTER OFourt THIN THEEl31 dvself YlWs r'fw NANCE)OF THIE 070lZgj223 at least FLORIDA E DAWN M A fl E PARTIES CLAIMING OR E0.05URE COIFLORIDA CDDAON Fins ham he oak,N re hearnq or v°.e THEDATEHS OF THE Ing°r vole.Im-RIVER COUNTYDE OF AN TO Rhe meeunpdvanu CAMPO:ET,Al., INTERESTS BY, ATTORNEYSPLLC ,other hen the 1,0.1.0011711. 1.11'—'6•••711. Defendants, THROUGH,UNDER By:Ad USE NO,:property owner es of pub:September 18, OFSTHSUNOTICBL E OR Pb:September P,18,ONADUAEOAMOR-o INDIAN RIVER OR AGAINST A Ery T,N0000h, 31.7013{-0-000464 the dee,of the Ila 23,2013 THIRTY 1301 DAYS 2013 TIZATION OF THE COUNTY BOARD OF NOTICE OF NAMED DEFENDANT Ex040 IFRN BN18) pendens must file a TCN25642R IRR THE DATE OF TCN205143 SUPPLY OF CERTAIN COUNTY FORECLOSURE SALE TO HAVHISING ACLAON,IM. 4B Suite . SUNTRUST BANK calm n.•. SERVICE OF A COPY NITROGEN CON- COMMISSIONERS HAVITO OR ANY Way,FLi 0 031 cher he de. LW PAPE VINE r HEREBY ING TO HAVE ANY Baa R,[n,4S33131 vOF THIS NOTICE ON NEWSPAPER TAMING FERTILIZER ING JOSEPH E. GIVEN WreWntoe RIGHT TITLE OR IN. F/2)IN048A ANDREW W.COAT puglas C.Lhm,NOTICE OF THEM. LEGAL NOTICE AND APPLYING FLESCHEU fine Judgmentde-TEREST IN THE er„ago,,,,sufeos SON,et el, pA. All other creditors of UNIT 0C9a-Amy CHAPTER 318 TO CHAIRMAN M ed Mry ,2013 n- PROPERTY HEREIN m DetedadN OniYynand AIIN NISTRATION a decedent rte Sh aa -Furniture 15010 UNINCORPORATED tared In Clvll Oax DESCRIBED,ere p-G13-07095T NOS Email Aderees: IN THE CIRCUIT o her persons he de end mi..kerne INDIAN 01 A N RIVER Pub:September 18, No.:31-2011-CA- lendsnts,JEFFREY R•oueete for Aaom. NOTICE OF SALE filtnlodc00 Street COURT FOR INDIAN claims or t the loco's UNIT PC96-Amy MG COUNTY, AND 2013IIt TCN2534506 003111,of he Circe oh BARTON,Clerk of m dation+By pen. 0 12425 29h S°.e RNER COUNTY, get^, Shreve-Furnbura 0 Court of the NLN-he Chalk Colin,will on with',b..Naeka le hereby pis- Nash.Suite 200 FLORIDA den's estate,Imlud- emN°how. pROVie NG FOR A we.YY h, ,,tied TEENIH luNOIR Cir- sell to the highest 0.if you anepen Net,pureuen[b St.Offend/m.0 FL PROBATE.RSIGN log unmatured,a0.UNrt 0E300-pnuda 5EYERABILITY.Wgr4 Maetin N oak in d b Indian .red beet bides,for n with a din e5. •feel Judgment of 33116 Fla 000 ted red unll It Zoya -Fur i[ur CO EFFECTIO AND ill be held for he River County,Flo.cash by electronic who needs any cl Foreclosure,doted Telephone N°, 317013CP000B00 dazed N•,ms,mus 9 mie N.ms°'TANO EFFECTIVE DA- d Ham da,wherein BANK le Ie www.lndlan mm°detian In or- August,l4,2013•°^' (TI)53fi-4911 Rte hal'Naimz HIN UNIT Hall-Greg TE P.T:s pt11 OF AMERICA,N.A.,rivermelforeclosest der to prticige•in tared,n Civil three Attorney for he IN RE:ESTATE OF HR court WITHIN sew,.g0,,tu00,00. b. 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Beech,FL o .LL� UMPOr UNKNOWN Judgment ttwk Safra f J,Port SL tt at,ars I.Dyer m Codons he per AdL Lnk2 1 The Mdien °t Ma p Nit a a0 ben floor of on the T W MARIE CF DAWN LOT S SYLV01. 501- FIVSear Cant•County Cle k of eons withOteblll-TO ALG CHAVING AIMS OR OR Inionpttht.er 5. Rddel . HAOP 3 Aifire. .of,1WABuilding PUO:Rap..,..IEC, '. V/ BANK O A EPO;LAKES C CORDING Bg]-a 5e°t,eet r 010,1w l Clerk of 0550 Hthu db e iII DEMANDS AGAINST 203.2 Dtember 8. ®230PM-IbHARPI Alni prativntom-p13 TCN2554461 XI�r,� BANK OF AMERICA,SIGN ACCORDING evys before your CouVrtrrywill sell the non with a disability Fine Sb0 g SI6'69e 1fi NA; UNKNOWN T 0 tot P L A T echeduled mune thryeth Pre11°Ply it Coo d In wmmeeateoa in tr-TME .a crew no I. naso pm°veRoben r 11 0. 4^'Spee gltaai VerotA.eoh, TKNOWN TENANT 82:CORDEDFIN PLAT AS RE- etely uponrre°iv p Flori.,deuribed e: der to particle.In fled the an Order of NE Pub.Sept tfi�x33Me 110 Florida 32880,et LOOKING KNOWN PARTIES PUBLIC OTHER UN- S RECORDAGE S tirme E forekthe LVEROT O6BEACH CHIGHK .glee entitI entitled, no nation you eheepbeennan-Stephen 30342.2400 TCNxSO 9S5390 which meyyrepy: FOR A �d ESTS B,CLAIMING RINTER-OF INDIAN RIVER scheduled a pee°7 LANDS UNIT THREE,ono iaion 0f cert:n Edna(n the Katherine eof La-FL Bel No.001BB55 CITED AT 98901 N. end,at be heard we leth BARGAIN? J ESTS BY,TNRA N S TCOUNTY,GETH FLORIDA. ce'e 1•ea then)ACCORDING TO THE UNDER,AND TOGETHER WITH day II 700 ere two. PLAT THEREOF RE- eaate,enoo,Please ret deceased,File Stephen H.Artman, U.S.Hwy.1,Saber rondo to the as ' slW AGAINST ANAMED ALL THE TEN E- Ing or vel°,Int- CORDED IN PLAT port Adel. Number 312013CP P (an,FL 32058]72- Dosad erdmar,o. V Office of the INDIAN RIVER COUNTY ADMINISTRATOR �ORt� Joseph A. Baird, County Administrator Michael C. Zito,Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator* DATE: September 24, 2013 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting Please be advised that the following public hearing has been scheduled: �✓ Public Hearing Scheduled for October 15, 2013: • Board consideration of the approval of a plan of finance to provide capital, including the issuance from time to time by the Escambia County Housing Finance Authority, on behalf of Indian River County and other participating counties, of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds. This notice of public hearing is provided for the Board's information. No action is required at this time. APPROVED AGENDA ITEM Indian River Co Appr ved Date Administrator BY: Legal Budget FOR: _October 1, 2013 Ef 182 COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator e FROM: Robert M. Keating, AIC ; Commu ' evelopment Director DATE: September 23, 2013 SUBJECT: Report on Current Zoning of County Administration Campus It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 1, 2013. DESCRIPTION & CONDITIONS At its meeting of September 17,2013,the Board of County Commissioners directed staff to identify the current City of Vero Beach zoning for the area where the County Administration Complex is located. This staff report provides that information. As shown in Attachment 1, the County Administration Complex has two zoning designations. On the north side of 26`h Street, where buildings A and B, the Health Department building, and associated parking lots are located, the zoning is GU, Government Use. On the south side of 26`h Street,where the school district offices,the former County Administration building site,and the east parking lot are located, the zoning is H, Hospital and Institutional District. To the east of the County Administration campus and north of 26`h Street,the property is zoned M, Industrial. To the east and south of 26`h Street,the property is zoned RM-10/12,Medium and High Density Multiple-Family Residential District. Other than a small parcel zoned P-2,Park District,the property to the west of the County Administration campus is zoned R-IA, a Single Family Residential District. Attached to this staff report are excerpts from the City of Vero Beach's zoning ordinance for the two zoning districts that cover the County Administration Campus. As shown in Attachment 2,the GU, Government Use, District covering the County Administration Campus north of 26`h Street allows: • Educational Institutions • Government Use • Hospitals • Public Health Facilities • Public and Private Utilities • Accessory Uses F:\Community Development\Users\CDADMIN\AGENDA\2013\Report on Current Zoning of County Administration Campus 100113.doc ] 183 Since the uses on the portion of the County Administration Campus north of 26`h Street consist of government administration buildings,a public health facility,and accessory uses,all activities on the north portion of the County Administration Campus conform to the City's zoning regulations. With the south portion of the County Administration Campus being zoned H, Hospital and Institutional District, the situation is different. As shown in Attachment 3, the permitted uses allowed in the H District are as follows: • Administrative Services • Cultural or Civic Activities • Business and Professional Offices • Day Care Services • Educational Institutions • Hospitals • Medical Services • Multiple-family Residential Dwellings • Nursing Homes and Congregate Living Facilities • Parking Garages and Lots • Public and Private Utilities • Accessory Uses Unlike the GU Zoning applicable to the portion of the County Administration north of the 26`h Street, the H Zoning of the portion of the campus south of 26`h Street does not permit government use. Consequently, the school district administration building located on the H zoned portion of the County Administration Campus is a non-conforming use. That H zoning is also the reason that the Go-Line Bus Hub could not be permanently located in the east parking lot south of 26`h Street. RECOMMENDATION This is an informational report. There is no recommendation. Attachments: 1. City of Vero Beach Zoning Map Excerpt 2. Excerpt from City of Vero Beach GU, Government Use, District 3. Excerpt from City of Vero Beach H, Hospital and Industrial, District APPROVED AGENDA ITEM• Indian River Co, Approved Date Admin. FOR: LLegal 1-L i Budget A 117 BY: Dept. Risk Mgr. F:\Community Development\Users\CDADMIN\AGENDA\2013\Report on Current Zoning of County Administration Campus 100113.doc 2 184 y Admin � • 1 • ' r L 0 J+- .. ®51 53 ?J f 7.1 NJ wit r � ' . I .47 .L -0 40 Y3� ' `ateMINAL e tr WZ_Waster Plan ZDm W:InduWal br, PLI:Part tr" ff�t; POI:Pro6essio"Office and Iristitutional — -« • RW:ResidmU Mutfifan*Medium Densky RWID: Density • • ARTICLE XII. -GU,GOVERNMENT USE DISTRICT Page 1 of 1 ARTICLE XII.-GU,GOVERNMENT USE DISTRICT c Sec.62.414.-Permitted uses. Sec.62.415.-Minimum orooertv size. Sec.62.416.-Density. Sec.62.417.-Building height. Sec.62.418.-Lot coverage. Sec.62.419.-Setbacks. Sec.62.420.-Open space. Sec.62.421.-Floor/area ratio. Sec.62.422.-Parking regulations. Sec.62.423.-General modifications. Sec.62.424.-Building height modifications. Sec.62.425.-Accessory building. Sec.62.426.-Walls and fences. Sec.62.414.-Permitted uses. Site plan review is required for all uses in this district.A building or premises may only be used for the following: (a) Educational institutions; (b) Government use; (c) Hospitals; (d) Public health facilities; (e) Public and private utilities;and (f) Accessory uses. (Oid.No.2004-03,§2,2-3-2004) N 186 htf—H14hron,m„n;rnila rnm/T-TTN,fT /11Ar,d/1—,.IA/PTTTTT ATIFAF TTTATT7nnT? (`AA)ATnT)T AD'r VTT!-:T T(-.() 0/17/1)(W2 ARTICLE IV.-M INDUSTRIAL DISTRICT Page 1 of 2 ARTICLE IV.-M INDUSTRIAL DISTRICT f Sec.62.47.-Purpose of district. Sec.62.48.-Permitted uses. Sec.62.49.-Performance standards. Sec.62.50.-Buildina height. Sec.62.51.-Front yard. Sec.62.52.-Side and rear yards. Sec.62.53.-Open space. Sec.62.54.-Refuse collection. Sec.62.55.-Parkin reaulations. Sec.62.56.-General modifications. Sec.62.57.-Buildina height modifications. Sec.62.58.-Front yard modifications. Sec.62.59.-Rear yard modifications. Sec.62.60.-Side Yard modifications. Sec.62.61.-Accessory buildings and structures. Sec.62.62.-Walls and fences. Sec.62.47.-Purpose of district. ' This district is designed to accommodate a wide range of industrial and related uses which conform to a high level of performance standards. Industrial establishments of this type within completely enclosed buildings shall,wherever practical,provide a buffer between commercial districts and other higher intensive industrial uses.The uses which this district is designed to accommodate include general assembly,warehousing,and distributive activities.In addition,major repair and service activities,as well as manufacturing activities meeting performance standards,are intended to be accommodated in this district.Finally,commercial trade and service activities not compatible with activities adaptive to more restrictive districts,but which satisfy site plan criteria and performance criteria of the M District,should be accommodated in the M District.Residential development is excluded from this district to protect residences from an undesirable environment and to ensure the preservation of adequate areas for industrial development.Community facilities and trade establishments which provide needed services to industrial development also are intended to be accommodated in this district. (Ord.No.86-43.§1,12.2-1986) Sec.62.48.-Permitted uses. - In this district,a building or premises may only be used for the following: (a) Community facilities limited to public and private utilities; (b) Commercial activities limited to: (1) Business and professional offices; (2) Commercial amusement activities; (3) Restricted sales and services; (4) General retail sales and services; (5) Plant nurseries and landscape services; (6) Trade service and repair; (7) Vehicular sales;service and maintenance subject to the following provisions: a• All hydraulic hoists,pits,lubricating,washing,repairs,and services not of an emergency nature or short-term diagnostic or minor repair work shall be conducted entirely within a building. b• All merchandise and material for sale shall be displayed within an enclosed building,except that oil for use in motor vehicles may be displayed or sold from an appropriate rack or compartment at the gasoline station pump island for the convenience of the customer and station attendant. C. Flammable materials shall be stored within the building setback lines and in a manner satisfactory to the Indian River County Fire District and the director of building and zoning. d• Storage of inoperative or unregistered motor vehicles generally shall not be permitted on the premises.However,motor vehicles which are being serviced may be stored in appropriate outside parking areas for a period not to exceed eight weeks.Also,motor vehicles which have been towed from the scene of an accident may be held or stored in appropriate parking areas for a period not to exceed three working days. e• When a service station dispensing flammable materials becomes vacant for a period exceeding one year,the property owner shall be required to remove or treat in a safe manner,approved by the Indian River County Fire District and the building and zoning director,all flammable materials,storage tanks or areas. „ (8) Veterinary services provided all such activities are located in a fully enclosed,soundproofed building; (9) Boarding of domestic dogs and cats provided such activity is located no closer than 1,000 feet from a residential district;or where the animal refuge will be in a fully enclosed soundproofed building and any animal run is fully screened to a height of six feet and set back from all property lines by at least 25 feet and the outdoor run is only utilized during the hours between 8:00 CA a.m.and 6:00 p.m.All animals shall be housed within the required soundproof structure between the hours of 6:00 p.m.and 8:00 a.m.; (10) Restaurants; a 01) Wholesale trades and services where all activities and storage are contained in an enclosed building; (12) Medical uses; 187 hth+•//lihrar�rmnnirnlarnm/T4TkfT /11A'SA1Ia .IA1PTTTTT AnPRF TTTVT7(1rlA ("T-TA'lATnT)T AT7TTVTTTXTT)T1, 0/17/7(112 3 �a < v p -JJILULMI H ec.62.178.Permitted uses. to plan review is required for all uses in this district.A building or premises may only be used for the following: dministrative services, ultural or civic activities, usiness and professional offices, ay care services, ducational institutions; ospitals; edical services; ultiple-family residential dwellings; ursing homes and congregate living facilities, arking garages and lots, ublic and private utilities,and ccessory uses. rd.No.86-43,§1,12-2-1986;Ord.No.91-07,F 5,3-5-1991) ec.62.414.Permitted uses. ite plan review is required for all uses in this district.A building or premises may only be used for the following: ducational institutions; overnment use; ospitals; ublic health facilities; ublic and private utilities;and ccessory uses. rd.No.2004-03,§2,2-3-2004) 197- A - 2 ? INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator rQA TMENT HEAD CONCURRENCE: o rt M. Keating,A CP Community Development Director FROM: Roland M. DeBlois, AICPeW Chief, Environmental Planning and Code Enforcement DATE: September 23, 2013 RE: Consideration of the Florida Department of Environmental Protection's Proposed Surplus and Sale of Three Conservation Land Parcels associated with St. Sebastian River Preserve State Park It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 1,2013. DESCRIPTION AND CONDITIONS In 2013, the Florida Legislature appropriated $20 million to fund the Florida Forever program for statewide acquisition of conservation lands. In addition to that appropriation, the Legislature authorized up to $50 million for conservation land acquisition funded by the sale of state-owned lands no longer needed for conservation purposes. To determine which state lands are no longer needed for conservation, the Florida Department of Environmental Protection (FDEP) is undertaking a process called the State Conservation Land Assessment. As part of its land assessment, FDEP developed a preliminary list of potential sites for surplus and sale. Of 95 sites statewide that are currently on the preliminary surplus lands list, three are wholly or partially located in Indian River County. All three of those sites are associated with St. Sebastian River Preserve State Park (see maps, Attachment 1 to this report). Before finalizing the list, FDEP is soliciting public comments on the preliminary list of surplus sites. To that end, this matter is being presented to the Board of County Commissioners for the Board to consider submitting comments and recommendations to the FDEP regarding the three sites on the preliminary list that are (wholly or partially) located in Indian River County. ANALYSIS The three potential surplus sites in Indian River County are identified by FDEP as Sites DRP-30, DRP 49 and DRP-50. Following is a description of the three sites. i 188 SITE ID DESCRIPTION DRP-30 27.6 NW corner of CR 512 and 102nd Terrace next to an industrial park; former pasture with areas of pine flatwoods and isolated wetlands; bisected by historic Trans-Florida Central Railroad rail-bed greenway. DRP-49 12.0 Island in the south prong of the St. Sebastian River, mixture of upland and wetlands, located mostly in Brevard County; southern 2 1/2 acres in Indian River County. DRP-50 3.8 Island in the south prong of the St. Sebastian River; wetlands with some upland; acquired by Indian River County and deeded to State in 2009 as art of a land swap for a CR 512 stormwater management tract. DRP-30: This site(approximately 27.6 acres) consists of former pasture (the southern portion) with areas of isolated wetlands and pine flatwoods (the northern portion). The site is located south of and contiguous to an industrial park and is segregated from the overall State Park by 102nd Terrace, the road serving the adjacent industrial park. Dating back to 1996, Indian River County has petitioned the State to surplus this parcel to make it available as an expansion to the industrial park for economic development reasons. DRP-30 is bisected by a segment of the Trans-Florida Central Railway railroad bed, a 100-foot wide linear corridor that is listed in the Florida Master Site File as a historic site (Site File No. 8IR989). That corridor is a surviving railroad bed of an early to mid-201h century freight and passenger standard gauge rail line that ran from Sebastian to Fellsmere and Broadmoor. Recently, the Trans-Florida Central Railway roadbed was formally designated by the Indian River County Metropolitan Planning Organization (MPO) as a greenway trail and is the MPO's top Transportation Alternatives priority project. A first phase of the Trans-Florida Railway Trail has already been constructed, and the Florida Department of Transportation (FDOT) has committed to fund the next phase of the rail trail project (from North County Regional Park to west of I-95) in 2016/17. In this case, State surplus and sale of the railway roadbed segment part of site DRP-30 for potential private development would disrupt the Trans-Florida Railway Trail project that is well underway to be constructed as a regional public greenway. While the Trans-Florida Central Railway roadbed occupies the north portion of DRP-30, a stormwater tract is located southwest of DRP-30. That stormwater tract property was originally part of the DRP-30 parent tract. When Indian River County was designing the CR 512 roadway widening project, in 2007, land was needed for a stormwater pond. Since the stormwater pond site was needed in the vicinity of the DRP-30 property, the County approached the State with the objective of obtaining State land for the pond site. After negotiation, the State approved a land swap with the County for property at the southwest corner of DRP-30, adjacent to County Road 512, for the stormwater management tract needed to serve the CR 512 expansion. As part of that land swap, the County purchased Calvit Island (now DRP-50), restored the island to a natural condition, and deeded the island and another property to the State. In return, the State deeded the property southwest of DRP-30 to the County for use as a stormwater pond. DRP-49 and DRP-50: These two sites consist of undeveloped islands within the south prong of the St. Sebastian River, a scenic river and major tributary of the Indian River Lagoon. While the southern 2.5 acres of the 12 acre DRP-49 site are located in Indian River County, the remainder of the island is located in Brevard County. Formerly known as Calvit Island (3.84 acres), DRP-50 is located wholly in Indian River County and was acquired by the County in 2007 for conservation, then deeded to the State in 2009 2 F:\Community Development\Users\ROLAN D\LAAC\CORACI\FDEP surplus consery lands BCC item for 10-1-13.doc 189 as part of a land exchange. As a condition of that exchange, the county conducted nuisance exotic plant �• eradication on the island,restoring it to a natural condition. As the name suggests, St. Sebastian River Preserve State Park was acquired by the State primarily to buffer and preserve the north and south prongs of the St. Sebastian River. Combined, DRP-49 and DRP- 50 have approximately 1.6 miles of shoreline interfacing the St. Sebastian River and are more appropriately preserved in public conservation than sold for private development. In fact, development of the islands could negatively impact the adjacent St. Sebastian River. FDEP Review Criteria To determine which state—owned lands have relatively low conservation value and should be considered for surplus listing, FDEP established a Technical Advisory Group comprised of representatives from state environmental agencies, private industry and non-profit environmental groups. The Technical Advisory Group then adopted review criteria in the following categories: [] Connectivity [] Ecological Significance [] Historic and Cultural Resources [] Geological/Aquifer Significance [] Water Quality Protection [] Recreation Resource Elements [] Market Value Attachment 2 to this report provides a summary of the Technical Advisory Group's preliminary score for each of the three sites using the referenced criteria categories. As shown on the preliminary score summary for DRP-30, the Advisory Group failed to recognize that the site contains historic and cultural resources (the Trans-Florida Central Railway corridor) and failed to recognize that there are FDEP Office of Greenways and Trails (OGT) opportunity routes (the MPO designated regional greenway) and connectivity value associated with the site. Similarly, the preliminary scores for sites DRP-49 and DRP- 50 fail to reflect the water quality protection value of the islands (i.e.,no value assigned for the sites being "within [a] 1,000, 500 or 100 meter buffer on [a] major river"). Based on staff's analysis, it appears that the preliminary scoring for all three sites was flawed. In fact, FDEP's criteria warrant the assignment of a higher conservation value for the railroad bed portion of DRP-30 and for all of DRP-49 and DRP-50. Therefore, staff's position is that those sites should not be surplussed. Alternatives There are a number of alternatives that the Board can consider in providing comments and recommendations to the FDEP regarding the three proposed surplus sites described herein. Those alternatives include: • Recommend that the three sites remain on the surplus lands list; • Recommend that all three sites be taken off of the surplus lands list; • Recommend that the river islands (DRP-49 and DRP-50)be taken off of the surplus lands list, but that DRP-30 remain on the list, less and except the 100-foot wide Trans-Florida Central Railway corridor portion; or • Recommend that only the southern pasture portion of DRP-30 (south of the Trans-Florida Central Railway corridor) stay on the surplus lands list, and that the remainder of DRP-30 (the Trans- Florida Central Railway corridor and the flatwoods portion north of that corridor), and all of DRP-49 and DRP-50, be taken off of the list. 3 R\Community Development\Users\ROLAND\LAAO\CORAL[\FDEP surplus consery lands BCC item for 10-1-13.doc 190 �Mr County staff's position is that the islands (DRP-49 and DRP-50), with a combined shoreline of approximately 1.6 miles directly interfacing the St. Sebastian River, are more appropriately conserved in public ownership than sold for potential private development. For that reason, the islands should not be considered for surplus by the State. Consequently, DRP-49 and DRP-50 should be removed from the surplus lands list. Because the majority of site DRP-30 at the northwest corner of CR 512 and 102"d Terrace is former pasture, it does not have the resource value that would warrant protecting the site for conservation. While most of the property could be surplussed, it would be inappropriate for the State to surplus the Trans- Florida Central Railway corridor portion of the site that is historically significant and is part of an established regional public greenway trail that is partially constructed and earmarked for completion with funding from the FDOT. Notwithstanding the Trans-Florida Central Railway corridor, the County has expressed an interest in the past in having site DRP-30 surplussed for economic development reasons or for uses other than resource conservation (particularly the southern pasture portion of the site). According to FDEP, surplussed lands will initially be noticed to public agencies (such as the County) for those agencies to consider acquiring the sites, after which the sites will be made available for anyone to purchase. If the County has an interest in acquiring a portion of DRP-30 for a use other than resource conservation, it would be appropriate for the County to recommend that the State surplus that particular portion of the site. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Board Chairman to write a letter to the Florida Department of Environmental Protection recommending, for the reasons described herein, that the southern pasture portion of DRP-30 (south of the Trans-Florida Central Railway corridor) stay on the surplus lands list, and that the remainder of DRP-30 and all of DRP-49 and DRP-50 be taken off of the list. ATTACHMENTS 1. Maps of proposed surplus lands associated with St. Sebastian River Preserve State Park. 2. Summary of State evaluation criteria and preliminary scores for DRP-30, DRP-49 and DRP-50. 3. State Conservation Land Assessment Frequently Asked Questions (FAQ). APPROVED: I.R.County Ap ed Date Admin. FOR: October 1, 2013 Legal Budget Dept. Risk Mgr. BY: 4 FACommunity Development\Users\ROLAND\LAAC\CORACI\FDEP surplus consery lands BCC item for 10-1-13.doc 191 Florida DEP Conservation Land Assessment - Proposed Surplus Sites St. Sebastian River Preserve State Park Brevard County, Indian River County, Florida .yyam r ;t� t �J DRP 50: DRP-49 St.Sebastian Ri etr Preserve ytatePark �! r E .731191.1 DRP-30i; i Florida DEP Conservation Land Assessment - Proposed Surplus Sites St. Sebastian River Preserve State Park - 27.6 Acres (GIS) A, a •. &A �* St.SebasCiart s.<. River Preserve A t. State Park,_ e .T Yl XF 1, q' _ • .5,+.-�.a-"o•".t V a t kM '/•yi,t.�p5'�X:� Yi J �l �.;�����` • m°gy ! 5 X � v . SC b .n-..=...:+,. ,c=am._..d,.....w='+•�« �,...- _ -. y. x 0 u.:,,.Y`..ry w � ryry e�e t,fOX.s ree�•u.{n+tl¢ t a.�aT i 1l, sfw + Florida DEP Conservation Land Assessment - Proposed Surplus Sites St. Sebastian River Preserve State Park - 12.0 Acres (GIS) yY .DRP-50 fir IN N IRF �f � ;jr 1 , � ♦, i 14 r ;. � ;' DRP-49 - Ali , St.Sebastian ,x - +` River Preserve. �. �. � State Park, •��.� s„ t g. y k ." r "P 'R � of A +, -1 Sul, c Ir N. r. MOWN • � . i Florida DEP Conservation Land Assessment - Proposed Surplus Sites St. Sebastian River Preserve State Park - 3.8 Acres (GIS) Y t DRP-49; , ;. DFi'.50 see r - • 111 • • 1 '. •- `��� �� • � • • •. Vii` t �� )t' Reference(D: DRP-30 Site Acres(GIS): 27,6 County: Indian River County Section 021,Township 31-S,Range 38-E Physical Inspection:Pending Local Ordinance Investigation:Pending Overall Coarse Filter Score: 18 out of 100 Surplus Study: Proposed Surplus Site ■ State Owned Conservation Land Identified by TAG Managing Agencies(FFS,FWC,DRP),DSL Phase I Vetted Properties Connectivity Criteria: Recreation Resource Elements Criteria• Adjacency to other conservation areas(yes/no) 0 Size-acres 27.6 %within Ecological Greenways Network 0% Water Area-acres 0 %within Highest Priority Landscape Integrity Areas 0% Shoreline(yes/no) 0 Includes Unaltered Land Uses(yes/no) 1 %Significant Wildlife Habitat 0% OGTTrail Opportunity Routes-meters 0 Natural Features-Sinkholes(yes/no) 0 Within Military Base Buffers (yes/no) 0 Natural Features-Caves(yes/no) 0 %within Florida Forever Project Areas 0% Natural Features-Karst Features(yes/no) 1 Natural Features-Swallets(yes/no) 0 Ecological Significance Criteria: Natural Features-Steepheads(yes/no) 0 %Highest Prioiny Strategic Habitat Conservation Areas 0% Natural Features-Springs(highest magnitude) 0 %Moderate Prioirty Strategic Habitat Conservation Areas 97.4% %National Historic Register Areas 0% %Highest Priority Rare Species Habitat Conservation Areas 0% Accessible to Urban Areas(yes/no) 1 %Hunting Areas 0% %Moderate Priority Rare Species Habitat Conservation Areas 58.7% %Roadless and Wilderness Area 15.2% %Landscape Linkages Areas 0% %Beach Area 0% %Highest Priority Under-represented Ecosystems 0% %Moderate Priority Under-represented Ecosystems 22.5% Market Value Criteria: %Functional Wetlands 0% Adjacent to Residential(yes/no) 1 %100 Year Floodplain 57.1% Adjacent to Industrial(yes/no) 1 %Biological Richness Index Area 20.9% Adjacent to Commercial(yes/no) 0 %Beach Area 0% Road Frontage(yes/no) 1 Water Frontage(yes/no) 0 Historic and Cultural Resources Criteria, Coastline(yes/no) 0 %National Historic Register Areas 0% Close to Urban Areas(yes/no) 1 Impending Development(yes/no) i GeologicdAquifer Significance Criteria• Timber Acres 6.2 %Most Vulnerable Aquifer Areas 781% Close toDRls(yes/no) 0 Springs(highest magnitude) 0 Mineral Resources(yes/no) 0 Sinkholes(yes/no) 0 Oil and Gas Resources(yes/no) 0 Caves(yes/no) 0 Mitigation Bank Service Area(yes/no) 1 Karst Features(yes/no) 1 %Agricultural Land 0% Swallets(yes/no) 0 %Uplands 42.3% Steepheads(yes/no) 0 No assigned manager(yes/no) 0 University Lands(yes/no) 0 Water Quality Protection Criteria: Small disjunct property(yes/no) 0 Springs(highest magnitude) 0 Within 1000,500,or 100 meter buffer on Major Lake 0 Within 1000,500,or 100 meter buffer on Major River 0 Within Nutrient Impaired Basin Management Action Plan(yes/no) 1 Within CERP Everglades Restoration Boundary(yes/no) 0 Includes a Wellhead Protection Zone(yes/no) 0 ATTACHMENT 2 September 10,2013 196 Florida DEP Conservation . • Assessment Sebastian Reference ID: DRP-49 Site Acres(GIS): 12 County: Brevard County Section 022,Township 30-5,Range 38-E St.Sebisnan Physical Inspection:Pending Local Ordinance Investigation:Pending Overall Coarse Filter Score: 17 out of 100 O Proposed Surplus Site f State Owned Conservation Land Surplus Study: Identified by TAG Managing Agencies(FFS,FWC,DRP) Connectivity Criteria: Recreation Resource Elements Criteria: Adjacency to other conservation areas(yes/no) 0 Size-acres 12 %within Ecological Greenways Network 0% Water Area-acres 0 %within Highest Priority Landscape Integrity Areas 0% Shoreline(yes/no) 1 Includes Unaltered Land Uses(yes/no) 1 %Significant Wildlife Habitat 0% OGT Trail Opportunity Routes-meters 0 Natural Features-Sinkholes(yes/no) 0 Within Military Base Buffers (yes/no) 0 Natural Features-Caves(yes/no) 0 %within Florida Forever Project Areas 0% Natural Features-Karst Features(yes/no) 0 Natural Features-Swallets(yes/no) 0 Ecological Significance Criteria: Natural Features-Steepheads(yes/no) 0 %Highest Prioirty Strategic Habitat Conservation Areas 0% Natural Features-Springs(highest magnitude) 0 %Moderate Prioirty Strategic Habitat Conservation Areas 0% %National Historic Register Areas 0% %Highest Priority Rare Species Habitat Conservation Areas 0% Accessible to Urban Areas(yes/no) 0 %Hunting Areas 0% %Moderate Priority Rare Species Habitat Conservation Areas 0% %Roadless and Wilderness Area 0% %Landscape Linkages Areas 0% %Beach Area 0% %Highest Priority Under-represented Ecosystems 0% %Moderate Priority Under-represented Ecosystems 0% Market Value Criteria: %Functional Wetlands 85.4% Adjacent to Residential(yes/no) 1 %100Year Floodplain 100% Adjacent to Industrial(yes/no) 0 %Biological Richness Index Area 29.7% Adjacent to Commercial(yes/no) 0 •Beach Area 0% Road Frontage(yes/no) 0 Water Frontage(yes/no) 1 Historic and Cultural Resources Criteria: Coastline(yes/no) 1 %National Historic Register Areas 0% Close to Urban Areas(yes/no) 1 Impending Development(yes/no) 1 Geologic/Aouifer Significance Criteria: Timber Acres 0 %Most Vulnerable Aquifer Areas 0% Close to DRIs(yes/no) 1 Springs(highest magnitude) 0 Mineral Resources(yes/no) 0 Sinkholes(yes/no) 0 Oil and Gas Resources(yes/no) 0 Caves(yes/no) 0 Mitigation Bank Service Area(yes/no) 1 Karst Features(yes/no) 0 %Agricultural Land 0% Swallets(yes/no) 0 %Uplands 0% Steepheads(yes/no) 0 No assigned manager(yes/no) 0 University Lands(yes/no) 0 Water Quality Protection Criteria: Small disjunct property(yes/no) 1 Springs(highest magnitude) 0 Within 1000,500,or 100 meter buffer on Major Lake 0 Within 1000,500,or 100 meter buffer on Major River 0 Within Nutrient Impaired Basin Management Action Plan(yes/no) 1 Within CERP Everglades Restoration Boundary(yes/no) 0 Includes a Wellhead Protection Zone(yes/no) 0 September 10,2013 197 Reference ID: DRP-50 Site Acres(GIS): 3.8 County: Indian River County Section 000,Township 30-S,Range 38-E Title Review:Pending Physical Inspection:Pending Local Ordinance Investigation:Pending Overall Coarse Filter Score: 19 out of 100 0 Proposed Surplus Site ■ State Owned Conservation Land Surplus Study: Identified by TAG Managing Agencies(FFS,FWC,DRP) Connectivity Criteria: Recreation Resource Elements Crater6as Adjacency to other conservation areas(yes/no) 0 Size-acres 3.8 %within Ecological Greenways Network 0% Water Area-acres 0 %within Highest Priority Landscape Integrity Areas 0% Shoreline(yes/no) 1 Includes Unaltered Land Uses(yes/no) 1 %Significant Wildlife Habitat 0% OGT Trail Opportunity Routes-meters 0 Natural Features-Sinkholes(yes/no) 0 Within Military Base Buffers (yes/no) 0 Natural Features-Caves(yes/no) 0 %within Florida Forever Project Areas 0% Natural Features-Karst Features(yes/no) 1 Natural Features-Swallets(yes/no) 0 Ecological Significance Crateraa' Natural Features-Steepheads(yes/no) 0 %Highest Prioirty Strategic Habitat Conservation Areas 0% Natural Features-Springs(highest magnitude) 0 %Moderate Prioirty Strategic Habitat Conservation Areas 0% %National Historic Register Areas 0% %Highest Priority Rare Species Habitat Conservation Areas 0% Accessible to Urban Areas(yes/no) 0 %Hunting Areas 0% %Moderate Priority Rare Species Habitat Conservation Areas 0% %Roadless and Wilderness Area 0% %Landscape Linkages Areas 0% %Beach Area 0% %Highest Priority Under-represented Ecosystems 0% •Moderate Priority Under-represented Ecosystems 0% Market Value Criteria: %Functional Wetlands 86.8% Adjacent to Residential(yes/no) 1 %100 Year Floodplain 100% Adjacent to Industrial(yes/no) 0 %Biological Richness Index Area 23.1% Adjacent to Commercial(yes/no) 0 %Beach Area 0% Road Frontage(yes/no) 0 Water Frontage(yes/no) 1 Historic and Cultural Resources Criteria: Coastline(yes/no) 1 %National Historic Register Areas 0% Close to Urban Areas(yes/no) 1 Impending Development(yes/no) 1 ologidAa uif r Significance Criteria- Timber Acres 0 %Most Vulnerable Aquifer Areas 0% Close to DRIs(yes/no) 1 Springs(highest magnitude) 0 Mineral Resources(yes/no) 0 Sinkholes(yes/no) 0 Oil and Gas Resources(yes/no) 0 Caves(yes/no) 0 Mitigation Bank Service Area(yes/no) 1 Karst Features(yes/no) 1 %Agricultural Land 0% Swallets(yes/no) 0 %Uplands 0% Steepheads(yes/no) 0 No assigned manager(yes/no) 0 University Lands(yes/no) 0 Water Quality Protection Criteria: Small disjunct property(yes/no) 1 Springs(highest magnitude) 0 Within 1000,500,or 100 meter buffer on Major Lake 0 Within 1000,500,or 100 meter buffer on Major River 0 Within Nutrient Impaired Basin Management Action Plan(yes/no) 1 Within CERP Everglades Restoration Boundary(yes/no) 0 Includes a Wellhead Protection Zone(yes/no) 0 e September 10,2013 198 State Conservation Land Assessment FAQ 1. Why is the state selling surplus conservation land? The 2013 Legislature provided up to$50 million of funding for important conservation lands, if up to$50 million of land no longer needed for conservation is sold as surplus. The Department is taking this opportunity to conduct a large-scale scientific and environmentally based assessment of state-owned conservation land in order to determine which parcels could potentially be sold.The money from any sales will allow the state to purchase land with better, more critically needed resources, such as springs protection, water quality or quantity resources and military buffering. 2. Who gets to buy the surplus land? Under the law,these lands will initially be noticed to state agencies, universities and county and city entities to see if they need them. After that,anyone in the public is eligible to purchase surplus land. 3. What will the buyers do with the property? Land use is up to the buyer, but usage must comply with city and state zoning and land usage rules.The majority of land being sold is currently zoned for conservation land use and public use. 4. Is DEP targeting State Parks for closure? No specific parks are targeted for closure, but some Division of State Park parcels no longer needed for conservation purposes may be sold. 5. How will you determine which lands to sell as surplus? A review committee has created criteria and through a scientific and environmentally based process has determined which land has the lowest conservation resources.These lands will meet further criteria before being listed for sale. 6. Who decides what land is sold? Surplus land proposed for sale will be reviewed by the Acquisition and Restoration Council, which includes representatives from the private sector as well as government agencies including DEP, Florida Fish and Wildlife Conservation Commission, Florida Forest Service and the Department of State's Division of Historic Resources. Final approval will come from the Governor and Cabinet. 7. Is this surplus land for sale now? This land will not be for sale until after public meetings and after each parcel has been reviewed by various state agencies. 8. How much land will be sold? We do not know how many acres will be sold, but the state can sell up to$50 million worth of surplus land. 9. Will the state lose money? Market value continues to fluctuate and impacts the value of parcels being sold. However,the state will be able to buy new land with higher levels of resources and therefore, conservation value. O10. When and where are the public meetings going to be held? ATTACHMENT 3, 199 Meetings are scheduled for Aug. 21 in Tallahassee,Aug. 22 and 23 via webinar as well as public meetings of the Acquisition and Restoration Council on Sept. 12 and 13 in Tallahassee.The Department is also scheduling additional public meetings regionally throughout the state later in the fall to accept additional public comment. 200 ta. A .a. BOARD OF COUNTY COMMISSIONERS Joseph E.Flescher �VEJq Tim Zorc Chairman OG District 3 District 2 q Peter D. O'Bryan Wesley S. Davis * * District 4 Vice Chairman District 1 ORM Bob Solari October 3, 2013 District 5 Herschel T. Vinyard Jr., Secretary Florida Department of Environmental Protection 3900 Commonwealth Boulevard, M.S. 49 Tallahassee, Florida 32399-3000 Re: State Conservation Land Assessment- Preliminary Listing of Proposed Surplus Sites in Indian River County Dear Secretary Vinyard: I am writing on behalf of the Indian River County Board of County Commissioners to provide comments and recommendations on FDEP's Conservation Land Assessment and three Indian River County sites identified on FDEP's preliminary list of surplus lands (as of September 25, 2013). Those three sites, all of which are located wholly or partially in Indian River County and are located in the St. Sebastian River Preserve State Park, are identified by FDEP as Sites DRP-30, DRP-49 and DRP-50. At its meeting on October 1, 2013, the Board of County Commissioners considered the three sites proposed for surplus and voted unanimously to recommend that FDEP remove all three sites from the surplus lands list, for reasons explained hereinafter. DRP-30: this 27.6 acre site is bisected by a segment of the Trans-Florida Central Railway railroad bed, a 100-foot wide linear corridor that is listed in the Florida Master Site File as a historic site (Site File No. 81R989) and is, according to the State Historic Preservation Officer (SHPO), eligible for listing in the National Historic Register. That corridor is a surviving railroad bed of an early to mid-201h century freight and passenger standard gauge rail line that ran from Sebastian to Fellsmere and Broadmoor. Recently, the Trans-Florida Central Railway roadbed was formally designated by the Indian River County Metropolitan Planning Organization (MPO) as a greenway trail and is the MPO's top Transportation Alternatives priority project. A first phase of the Trans-Florida Railway Trail has already been constructed, and the Florida Department of Transportation (FDOT) has committed to fund the next phase of the rail trail project (including the segment bisecting DRP- 30) in 2016/17. In this case, State surplus and sale of DRP-30 for potential private development would disrupt the Trans-Florida Railway Trail project that is well underway to be constructed as a regional public greenway. 9809 27ff Street, Building A Vero Beach, FL 32960 (772) 226-1490 QOO . A . October 3, 2013 Proposed Surplus Lands Page 2 A review of the Conservation Land Assessment Technical Advisory Group's preliminary score for DRP-30 indicates that the Advisory Group failed to recognize that the site contains historic and cultural resources (the Trans-Florida Central Railway corridor) and failed to recognize that there are FDEP Office of Greenways and Trails (OGT) opportunity routes (the MPO designated regional greenway) and connectivity value associated with the site. For those reasons, the Board of County Commissioners recommends that site DRP-30 be taken off of the surplus lands list. DRP-49 and DRP-50: These two sites consist of undeveloped islands within the south prong of the St. Sebastian River, a scenic river and major tributary of the Indian River Lagoon. While the southern 2.5 acres of the 12 acre DRP-49 site are located in Indian River County, the remainder of the island is located in Brevard County. Formerly known as Calvit Island (3.84 acres), DRP-50 is located wholly in Indian River County and was acquired by the County in 2007 for conservation, then deeded to the State in 2009 as part of a land exchange. As a condition of that exchange, the county conducted nuisance exotic plant eradication on the island, restoring it to a natural condition. As the name suggests, St. Sebastian River Preserve State Park was acquired by the State primarily to buffer and preserve the north and south prongs of the St. Sebastian River. Combined, DRP-49 and DRP-50 have approximately 1.6 miles of shoreline interfacing the St. Sebastian River and are more appropriately preserved in public conservation than sold for private development. In fact, development of the islands could negatively impact the adjacent St. Sebastian River. The Land Assessment Technical Advisory Group's preliminary scores for sites DRP-49 and DRP-50 fail to reflect the water quality protection value of the islands (i.e., no value assigned for the sites being "within [a] 1000, 500 or 100 meter buffer on [a] major river"). For the reasons described herein, the Board of County Commissioners recommends that sites DRP-49 and DRP-50 be taken off of the surplus lands list. Thank you for the opportunity to provide these comments and recommendations prior to the surplus lands list being finalized. Indian River County appreciates the State's ongoing efforts to conserve Florida's valuable natural resources for current and future citizens of Florida and Indian River County. Sincerely, C dseph E. Flescher, Chairman Board of County Commissioners Indian River County Cc: Board of County Commissioners Regular Agenda Iterm INDIAN RIVER COUNTY, FLORIDA ¢,r a •3ti'� DEPARTMENT OF UTILITY SERVICES Date: September 12, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Gordon Sparks, P.E., Environmental Engineer 64�—g Arjuna Weragoda, P.E., Capital Projects Manager k) Subject: Vero Shores 10" Force Main Replacement Under US 1 Final Pay to Andrew Sitework, LLC DESCRIPTIONS AND CONDITIONS: On February 19, 2013 the Board of County Commissioners (BCC) awarded Bid No. 2013019 to Andrew Sitework, LLC (Andrew) of Fort Meyers, FL for the replacement of a 10" force main across US 1 from the Vero Shores lift station to the FEC Railway for $184,217.70. Replacement of the force main, built in 1958, was necessary to eliminate a conflict with proposed drainage facilities now under construction by the FDOT. A Notice to Proceed dated March 27, 2013 was issued to Andrew with a start date of April 1, 2013 and a completion date of June 14, 2013. ANALYSIS: The construction has been successfully completed and an Application for Payment No. 4 Final was received from Andrew on September 12, 2013 for retainage in the amount of$8,092.75. The total cost of the construction was $161,855.04 or$22,362.66 less than budgeted. FUNDING: Funds for this project are derived from the Renewal and Replacement (R&R) budget in the operating fund. Operating funds are generated from water and sewer sales. ACCOUNT NO.: Description Account Number Amount Renewal & Replacement-Retainage - Andrew 471-206000-09506 $8,092.75 Sitework RECOMMENDATION: The staff of the Department of Utilities Services recommends that the BCC approve the project's total construction amount of$161,855.04 and approve payment of Pay Request No. 4 Final from Andrew Sitework in the amount of $8,092.75 to release the retainage. Payment of the retainage will release the County's obligation to the Contractor. Z:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Vero Shores 10-INCH Force Main Replacement Page 1 of 2 UCP#4004\OA-Agenda-Final Pay Vero Shores Sept.12,2013\Agenda-Vero Shores Final Pay cmc 9 18 13.doc 201 ATTACHMENT(s): 1. Application for Payment No. 4 Final APPROVED FOR AGENDA: By: A!� Indian River Co. Approv Date Joseph A. Baird, County Administrator Administration 11R�10 Legal 67 ��yB � .�J For: 6 /. �D/3 Budget M Date Utilities 1 is I3 Utilities-Finance q-103- 202 `103202 Created by Amy Andrew Document Report User Profile Name: Amy Andrew Location: Work Phone: 239-226-1606 Mobile: 239-940-4473 Fax: 239-226-1605 Draw #4 Information Summary Information Folder Name: Indian River Total Documents: 4 Folder Type: Draw#4 Total Images: 4 Folder Label: Final - Retainage Period End: Purpose: Client: i Page 1 203 APPLICATION AND CERTIFICATE FOR PAI'NIENTCU.,4bTRuc-•tovMA•14AGER-,U)VISEREDI?1ON AIA DOC9L'WN'r G'1F2'Y1ti ifu+n.tiw ao r a..r.ks r,.;(t au cr n.,ra:as 7 CtA-11ACTOR InBaa Rna C'aYH) r1(t s1T1't tm"*.0h r-A—.".i 4l1—%1— . %O u0.":mM " rFaTuuttr 716,013 OWNER to P,"Il.3,40 rullth'T u(ffi 47M 8CC>h'Cr1IL.A-llflh uv-W'&CIER FR()VI(-(l'.MwillR hr.>ti..Sita—k lJ1 C%7%-M CT UATT- •IXI) ARCtIMfT Frn lNsn ll.)Iwf (irrTT{•ACIt( tIACOV117R('C-130N NW;VAX Oo-A.s"k. MNTFLACT HDR7,{.tRctl(T1;Ci liyrdaa-:gar\• CONTRACTOR'S APPLICATION FOR PAN'NIENT 7 YIWGL`t-lL(Y).\rR,1(7 ALM b f#�1J1tm ..b(-Mw n7lT.r,ar.- s ) l t'kNIVACT MAll TO O(C FV(lsa l--2) S t11,117.N t TOTAL C Otlrl.lTFA A CT3r11FA Tlr IIAi?. Y 1.123394 1 Nra:"'Mu1.; a h`a ull-trpldtad N',vL 5 Moir,P m%k,drlaryl j M a" b P. nf.hl+n./UMaW 5 ��rF.� k[,q/w��ilDryT7 I re.I Raas..ap:t l wu 3.•!A w Y e f'F.RTIFICAT-k FOR PAYMUNT !, TOT.V.FAWNED MAS R7T.%j%-tGr. 4 It:1,R17 Po 1.—fdb cr—1,1%.C:.w(u Uata.sa brad-c aw.•A..rn.e.r..4 dv dw iv t(..4q�uw app-,Dr 41—7.W.4 r.r r I W!) Cvlb((U7NA Si~.Qd N.i~Yntb W M((../M dtn 1.-OW Ira 4 q tr 6-c kdde..a&.Md—.Ad bgl.rf Qr LIM r%Z%IYL'S C?3MFIC':4TL-tOk►.{YWAS 1 1fi,1ri.7._) �" �'Mi00' Mb'lkratdr•butt}ddwH'tvh wrl wc.Nbwc+Wh d%C'_.j Ch.tfwa. udi da 1)atr.barn pr.0 Cetdhtrl - - C+I1A'1tM r.argl.d Mi pa.t..rq ldr AtItR yti1 CFR III Ito 7 ti-MUNT r%t 41,10 111 Y 1 LM2`3 v R%"%CE TO FIN11-11.INC"IA D1vT:RCTAIti.((:r killot N1 lY:kT lfl/:b ► Il�.r blp.M 7.qr 6i $ h r.ra4..v.v4y„wwlrrnnnrL Jsf,r,h:w.nlr:.wsorq.yp:...f rrr .n;nt.,it,:gr,ry n.Mn,y.�.!y(.In!r aaf CII A+:(3F/'NLl)f-k V'117dAR5 ,1,iNHl1(A`ik W:OL'471(>\t Lit Co "M -: y� e•'-� T.td drrtiaa.plr+v.tid.n ����n'} .c ��� pmmw n..+nW M c axn 1r u � Tatil .natltln ticnq. Hz .1_,. _ .... liaa f(Yf,JS I'�.iahtw.wc n,ra lai3a,.F1: TLa (ANI CE1!.TIMD n 4-K--d, th C.ar»,r a.an1 haem NF 7(11,001's h C7. (*,A. 4a.oa.F..+w.m("—K—K—f paw re..,t—payd—w rn rrdv.:i eha i'r+m,t C.maa ead.0.. C:.r.rt Document 4 Page 5 207 Oft APPLICATION AND CERTIF'IC'ATE FOR PAYMENT CONSTRUCTION MANAGER-ADVISER HDITION AIA DOCUMENT G70VCMa(Instruction on reverse side) PACE ONE OFTWO PAGES CONTItAt'1'OR Indian RiverCourrty PROJECT:Vero Shores Purap Station No.43 Force Main Replaoetrtent APPLICATION NO.: 4 Distribution to: 180027111Strcot PERIOD TO: 7/161201.3 OWNER Vero Beach,FL.32960 PROIECf NOS.: 4004 RCONSTRUCTION MANAGER FROM CONTRACTOR: Andrew Sitework LLC CONTRACT DATE: 4/V2013 RCONTRACTOR ARCHITECT•4646 Elevation Way Fort Myers,FL.33965 VIA co-,i RUCTIO1v MANAGER:Gordm Sparks CONTRACT FOR: Utilities VIA ARCHITECT.Gordon Sparks CONTRACTOR'S APPLICATION FOR PAYMENT Application is trade fmpxymeM as shown beton;incmoecl with the Contrut_ C otioustimShout,ALA D ocwoea GM,is attached 1. ORIGINAL CONTRACT SUAI $ 18.4,217.70 2, Net Ckmkge By Change Orders $ 3. CONTRACT SUM TO DATE(i ire i+I.2) $ 184,217.70 , 4. T OTAL COMPLETED&STORED TO DATE $ 161,855.04 i. RETAINAGE: o Notary Puttte a. 0% of Completed Work $ s � Kaittyt� Slate Of FlEuldW �g�p GartrmIs oF,ti Expires 03t3t3 a7982a b. 0°r'o ofStoredMaterial ,& - n Total Retainage(Line Sa+5b or C4X� � l Total in column I of W03) y CERTIFICA FOR PAYM NT 6. TR'I'AL EARNED LESS RETAINAGE S 161,855.04 In acoordersce with the Contract Documetils,hosed on on-site observations and the data oamprising this application,the (Lime 4leas Line 5 Total) Construction Manager and Architect certify to the Owner that to the best of their knowledge,information and belief the 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 3 153,762.24 WorL has Proceed as rodreated,the quality of the Work is in accordwi-x with Uw Contract Documeats, and the (Line 6 from prior Certificate) Contractor is entitled to payment ofthe AMOUNT CERTIFIED. 8. CURRENT PAYMENT DU $ 8 042.71 9. BALANCE TO FINISH,INCL•UDLNG RETAINAGE AMOUNT CERTIFIED 3 (Line 3 less Line 6) $ - (Attach expLmrrtion if amount certified dllers from the amount applied for. Initial allfgures on this appircaliotr and on the ConUmatios Sheet that changed to conform to the amount cert fed j CHANGE ORDER SUMMARY ADDITIONS DEDUCnONS CON [ON AN �y p Total changes approved in � �VVA&L Date: "4 + previous month by Owner AR HI Total approved this Mow& By: Date: TOTALS T7ris Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Corrttactcr named herein. NET CHANOES by Chwe Order Issuance,pa)metu mad acceptance of payrnent are without prejudice to any rights of the Owner or Contractor under oris Contract. N O 00 Indian River County PAGE-2—CF--2— ESTIMATE AGE_2OF2_ESTIMATE AND REQUESTION FOR PAYMENT Bid No: 2013919 Project Dame: Vero Shores Pump Station No.43 Force Main Replacement Contraallo. 4064 F,Tbnuta No: 4 Project No: 4004 Reyuistion bele: 9/1112013 Period From: 6/1112013 To: 7110f2013 A B C D E F TOTAL SCHEDULED VALUE WORK COMPLETED TOTAL COMPLETED TO DATE ITEM THIS REQU ISITION WUR1r. (DtE) NO. DEESTIMATED DESCRIPTION ©F WORK Units Uhit Price PREVIOUS REQUISTION(S) IN-PLACE QUANTITY QUANTITY _ CCOMPLE3TE VALUE COMPLETE ILTY VAI tJE COMPLETE VALUE Install 12"I1DPE Directional Drill Farce Main Lf $66.89 700 .546,823.00 576 $38,528.64 $Q00 576 $38,528.64 Ing&ll 10"PGC Face Main Lf 525.30 400 $10,120.00 300 $7,590.00 ZOO 340 $7,590.00 Inst&ll4'PVC Force Main Lf $8.74 100 5874.00 1 60 $524.40 $CLOG 60 $524.40 Install 2'PVC Form Main Lf 526.82 100 $2,682.00 100 $2,682.00 $-aco 140 $2,682.00 Install 4"GV&B Ea $1,080.00 4 $4,320.00 4 $4,320.00 ZOO 4 $4,320.00 Install 10"GV&B Ea $2,229.00 4 $8,916.00 4 $8,916.00 $Q00 4 $8,916.00 Install 10"X l0"88 wet'I'ap W1(W&B M 55,353.00 3 $16,059.00 3 $16,059,00 $4.00 3 $16,059.00 Install 10"X 4"88 Wet Tap w/civ&B Fa $3,207.00 1 $3,207.00 1 $3,207.00 $10L00 1 $3,207,00 Install lo"X 4"Tee Es $2,072.90 2 $4,144.00 4 $8,288.OD $Q00 4 $8,288.00 32"Rim&nd Cover Ea $840.00 2 $1,680.00 2 $1,680.00 $Q00 2 $1,680.00 Replace Carrior pipe under FEC RailwayLs SL9,454.00 1 $19,454.00 1 $19,454.00 $Q00 1 $19,454.00 Clearing and grubbing AC $81,712.00 0.25 $20,428.00 0.25 $20,428.00 $Q00 0.25 $20,428.00 Mobilim6on Ls 514,620.00 1 $14,620.00 1 $14,620.00 $Q00 1 $14,620.00 ��+s C.antingeney Ls 515,332.70 1 $15,332.70 $4.00 $(100 4 $0.00 Pubho Constructioki Bond IS $15,558.00 1 $15,558.00 1 $15,558.00 $Q0G 1 $15,558.00 TOTALS $184,217.70 $161,85.5.04 $0 017 $161,$55.04 TO'T'AL DUE THIS APP.LJCATION BEFORE RETAIN $OLOO Na O SECTION 00622 - Contractor's Application for Partial Payment Application for Payment No. 4_ For Work Accomplished through the period of 6/171.13 through 7/16113 To: Indian River county (OWNER) From: Andrew Sitework LLC. (CONTRACTOR) Contract: Indian River County Project: Vero Shores Pump Station No. 143 Force Main Replacement OWNER's Contract No. 4004 ENGINEER's Contract No. ENGINEER Gordon Sparks. 1. Original Contract Price: $184,217.70 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (I plus 2): X184,217,70 4. Total completed and stored to date: $161,865.04 5. Retainage (per Agreement): 0%of completed Work: $00 0% of retainage: $00 Total Retainage: S. Total completed and stored to date less retainage (4 minus 5): $161,855.04 7. Less previous Application for Payments: $153,762.29 8. DUE THIS APPLICATION (6 MINUS 7): $8,092.75 N CorktractVs Application for Partial Payment#4 Q 00622-1 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 9111113 (CONTRACTOR) By: Amy Andrew-Administrative Controller State of Florida County of . Lee Subscribed and swo before me this I aY day of - 1 e7 . Matary Public Stabe or Florida Kaitlyn Baker 79823 to, Notary Public My Commission expires: 3131115 CERTIFICATION OF ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material suppljed by the Contractor. f Dated (ARCFi1TE:CT 1 ENGINEER} SI ATURE GERTIFICATION OF ENGINEER f INSREGi9111: 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. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid t amount re ested above. Dated Z10 3 —(AKCRFrffff 1 ENGINEER) SI NATURE Accompanying Documentation_ * * END OF SECTION N 00622-2 Contractor's Application foT Partial Payment#4 gtvER Office 0 f Attorney's Matters 10/1/13 Z INDIAN RIVER COUNTY 4L *�LoRto�* ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pin-olt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney C� 9 DATE: September 25, 2013 SUBJECT: Fourth Amendment and Extension to Contract for Providing Animal Shelter Services for Indian River County Since October 1, 1995, the County and the Humane Society of Vero Beach and Indian River County, Inc. have contracted for animal shelter services. The contract was most recently extended in February 2010. The contract calls for the Humane Society to take in stray dogs, cats and other unwanted animals, provide for veterinary care if needed and attempt to adopt the animals out. Under the existing agreement, the County pays the Humane Society $70.00 per animal that is brought to the shelter either by the public or by animal control, with some exceptions. The agreement has been mutually beneficial to both parties. The County has a dependable, safe place to house stray animals without the overhead and staffing needed to operate an animal shelter and the Humane Society has community support and an income stream to run their program. The two main changes to the Contract are: Increase in fees charged to the County for the next three years and N • A flat rate of $10 per day per animal kept longer than 10 days. At times, animals involved in cruelty cases or Petitions for Custody may have to be kept longer than 10 days resulting in additional boarding costs from the Humane Society that will now be reimbursed by the County up to $12,000 per year of this agreement. FUNDING: Funds for the Humane Society are budgeted in General Fund/Quasi Non-Profit Agencies. For Fiscal Year 2013/14 $395,547 has been allocated to the Humane Society. radian Rwrr Ca AO '� d Date Arun, ,. 9 61 Legal Z r"PROVED FOR1 — I I J Budget B.C.C. MEETING - REGULAR AGENDA .. Deft. 13 Risk Mgr. i '-,COUNTY ATTORNEY) _ - 12 MEMORANDUM — Humane Society Fourth Extension September 25, 2013 Page 12 STAFF RECOMMENDATION: Staff recommends the Board approve the Fourth Amendment and Extension to Contract for Providing Animal Shelter Services for Indian River County and authorize the Chairman to execute the document on behalf of the Board. WKD 213 FOURTH AMENDMENT AND EXTENSION TO CONTRACT FOR PROVIDING ANIMAL SHELTER SERVICES INDIAN RIVER COUNTY, FLORIDA This Fourth Amendment and Extension to Contract for Providing Animal Shelter Services for Indian River County, Florida, entered into September , 2013, nunc pro tunc to October 1, 2012, ("Fourth Amendment") is by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("County") and the Humane Society of Vero Beach and Indian River County, Florida, Inc. a Florida Non Profit Corporation, ("Society"). BACKGROUND RECITALS WHEREAS, Effective October 1 , 1995, the County and the Society entered into a Contract for Providing Animal Shelter Services for Indian River County, Florida ("Contract"); and WHEREAS, the Parties have renewed and extended this Contract on three different occasions, most recently on February 2, 2010 and the Parties desire to extend the Contract for an additional period of three years; and WHEREAS, Paragraph 5.1 of the Contract contains the compensation and method of payment terms; and the Parties desire to amend Paragraph 5.1 of the Contract by this Amendment. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the County and the Society agree as follows: 1. The background recitals are true and correct and are incorporated into this Amendment. 2. From and after the date of this Fourth Amendment, Article 3 is amended in its entirety and shall read as follows: This Contract shall be effective from October 1, 2013 until September 30, 2016, nunc pro tunc February 2, 2010, unless otherwise terminated according to the provisions of the Contract. 3. From and after the date of this Fourth Amendment, Paragraph 5.1 is amended in its entirety and shall read as follows: COMPENSATION & METHOD OF PAYMENT: The County agrees to pay the Society per animal for each animal received as follows for and in consideration of the services as described in this Contract: +r. 1 214 October 1, 2013, through September 30, 2014 - $75.00 per animal; October 1 , 2014, through September 30, 2015 - $77.50 per animal; and October 1, 2015, through September 30, 2016 - $80.00 per animal, excluding requested euthanasia, foster pets, and out of county animals. Said sum shall be paid in monthly increments, to be paid in accordance with the Local Government Prompt Payment Act after receipt of the monthly Animal Control Report. 4. The Society shall be entitled to reimbursement for animal stays that extended longer than ten days at a rate of $10 per animal per day for the following times: October 1, 2010, through September 30, 2011: 51 animals 213 days $2,130 October 1, 2011, through September 30, 2012: 144 animals 573 days $5,730 October 1 , 2012, through September 30, 2013 118 animals 436 days $4,360 (numbers reported only through August) Upon approval of this Fourth Amendment, the Society shall submit documentation of the above cited longer animal stays to the County for reimbursement in accordance with the Local government Prompt Payment Act. Effective upon approval of this Fourth Amendment, the Society shall be paid $10 per day per animal held over 10 days, up to a maximum of $12,000.00 per year during the term of this Fourth Amendment 5. All terms and provisions of the Contract not amended by this Fourth Amendment shall be and remain in full force and effect. • 2 215 IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be executed effective the day and year first set forth above. ATTEST:Jeffrey R. Smith, Clerk of the INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By: Deputy Clerk Joseph E. Flescher, Chairman Approved: BCC Approval Date: / /2013 Joseph A. Kaird, County Administrator Approved as to form and legal sufficiency: l illiam K. DeBraal, Deputy County Attorney WITNESS: HUMANE S TY O VERO BEACH AND INDIANrER Y, FLORIDA, INC. By: Ch er . Morse Executi e Director/CEO (CORPORATE SEAL) Date: S ��cL+�-�-- 2s 2.01.3 3 216 ATTORNEY'S MATTERS: 10/1 /13 gIVER�o Ofce of Z INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Roland DeBlois, Chief, Environmental Planning And Code Enforcement Section FROM: William K. DeBraal Deputy County Attorney 1I Po— DATE: September 24, 2013 SUBJECT: Request for Satisfaction of Code Enforcement Lien at 24432 d Place SW Ixora Park Subdivision The Bank of New York Mellon is under contract to sell a single family home located at 2443 2nd Place SW, Vero Beach. The Bank acquired the property via foreclosure which started in December 2011 and completed with the judicial sale on July 29, 2013. The property is improved with a 1 bedroom, 1 bath concrete block house constructed in 1960. A photo of the residence is attached to this memo. Closing on the sale was supposed to take place on September 20, 2013, but an active code enforcement lien was found to exist on the property. There is a 2011 Code Enforcement lien upon the property for allowing grass and weeds in excess of 12 inches to grow on the residentially zoned property. The current fine is approximately $85,000. Normally, a home in foreclosure would proceed to final judgment and a sale date would be ordered by the court. After the judicial sale occurs, the code enforcement lien is "scraped" from the property. In this case, the foreclosing law firm erroneously served the law suit papers on the Clerk of the Court instead of serving the Chairman of the County Commission or the County Attorney's Office. Because of this error, the Code Enforcement Lien still encumbers the title on the property. The buyer and seller have agreed to delay the sale pending resolution of the code lien. lina: - ive Ca APP oyed Date .,d��in. 9/ 3 a� � 3-C.C. MEETING REGULAR AGENDA i Budget ""Co TY ATTQRNEYi �Risk Mgr. _ -- 7 MEMORANDUM — 2443 2nd Place SW September 24, 2013 Page 12 There are three methods of resolving the lien. The bank could mow the property thus bringing it into compliance and appear in front of the Code Board, but that process would take 30 days, further jeopardizing the pending sale. The bank could re-foreclose on the property properly by serving the County correctly and proceed to summary judgment which would take 120 days. The third and most viable option is to bring the property into compliance and appear before the Board of County Commissioners, which has the authority to order the lien satisfied for a sum reimbursing the County for its costs incurred in the code enforcement process. The Bank has asked to have this matter brought before the Board of County Commissioners and has agreed to pay $1,500.00 to satisfy the lien and reimburse the County for administrative costs incurred. The bank has had the lawn mowed and the property is now in compliance with the code. The County would receive the $1,500.00 from the closing proceeds. Code Enforcement staff recommends settlement at that amount. FUNDING: There is no expenditure of County funds associated with this matter. If the short sale falls through and completion of the foreclosure is necessary, the County's lien will be "scraped" in the process and it is doubtful that it would collect on its lien. STAFF RECOMMENDATION: Staff recommends the Board approve settlement of the Code Enforcement lien at 2443 2nd Place SW for $1,500 and authorize staff to execute a satisfaction of the lien upon payment of the settlement amount. WKD 218 OCTOBER 1 , 2013 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 18, 2013 SUBJECT: Appointment for Tourist Development Council (TDC) A Person Interested in Tourism Development / Not an Owner of Hotel / Motel / or Tourist Accommodations FROM: Joseph E. Flescher Commissioner, District 2 The Board of County Commission received the resignation of Ms. Ursula Gunter from the Tourist Development Council (TDC). Ms. Gunter served as A Person Interested in Tourism Development/ Not an Owner of Hotel / Motel / or Tourist Accommodations, her term expires in January, 2015. The announcement of Ms. Gunters' resignation and the opening of A Person Interested in Tourism Development / Not an Owner of Hotel / Motel / or Tourist Accommodations on the Tourist Development Council was published under Informational Items on the Board of County Commission Agenda of September 10, 2013. The following individuals have submitted applications (Applications and Resumes are on file in the Commission Office) and meet the requirements to serve on the Tourist Development Council (TDC) as A Person Interested in Tourism Development / Not an Owner of Hotel / Motel / or Tourist Accommodations: • Steve Hayes • Oscar Sales, Jr. • Sophie Bentham Wood (Shanaphy) • Karen Mechling Board action is required to appoint a replacement to the Tourist Development Council to serve as A Person Interested in Tourism Development / Not an Owner of Hotel / Motel / 4 or Tourist Accommodations with a term to expire in January, 2015. F:\BCC\Agenda Items\2013\2013 Appointments & Resignations\2013-14-TDC APPOINTMENT.doc JEF:Iev 2 1 9 ITEM 14.C.1 October 1 , 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 24, 2013 SUBJECT: Update on the Indian River Lagoon Counties Collaborative FROM: Peter D. O'Bryan, Commissioner District 4 1 would like to provide the Board with an update on the Indian River Lagoon Counties Collaborative and request permission from the Board for the following: 1 . Permission to use the County Commission Chambers for the next meeting of the Collaborative. 2. Permission to allow County staff, in particular GIS staff, to work with other County staff on data collection and storage. 220 BCC AGENDA October 1 , 2013 ITEM 14.1)(1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 23, 2013 SUBJECT: Electronic Cigarettes FROM: Commissioner Bob Solari The sale of Electronic Cigarettes targeted at children under the age of 18 appears to be a growing problem. I wanted to discuss the issue with my fellow Commissioners to see if they wanted to add Electronic Cigarettes to our present cigarette ordinance. Thank you. 221 E-cigarettes threaten to undo years of gains:Our view 9/24/13 8:46 AM E-cigarettes threaten to undo years of gains: Our view The Editorial Board,USATODAY 7:12 p.m.EDT September 22,2013 Battery-operated nicotine inhalers can be just as addictive as the real thing. t7ii)y 838 46 SHARE CONNECT TWEET tI 1 (Iittps•//twitter.com/intent/twect?u rl=11ttl2://usat.Iy/1 f8 G 1 ZT&text=E-cigarettes%20threat( While most people weren't paying attention, leading tobacco companies popped out a new product line— §` electronic cigarettes. Sales are already soaring. OPPOSING VIEW:'Apromising harm-reduction product' (http//www usatoday com/story/opinion/2013/09/22/electronic-cigarettes-blu-ecigs-editorials-debates/2850859/) (Photo:Dean J.Koepf/er,AP) The good news is that these battery-operated nicotine inhalers contain no tobacco and might help some smokers quit.The bad news?Just about everything else. E-cigarettes can be just as addictive as the real thing. In about half the states, children can buy them legally(http://voices.yahoo.com/electronic-ciclarette- sales-minors-will-other-states-12314905.html).The industry advertises on television,with the same sexy or macho come-ons that made smoking look glamorous for decades, before TV ads were banned in 1970(http://www usatoday com/story/news/nation/2013/09/03/bio-tobacco-tv-ecigarette- ads/2608427/). Little is known about the long-term health effects of e-cigarettes.And they can be annoying: Because the devices aren't subject to indoor smoking bans in most states, a thick white vapor,which looks like smoke even if it isn't, could be coming soon to movie theaters, restaurants and workplaces near you.As celebrity Jenny McCarthy pitches in an ad for Lorillard's blu eCigs,"I feel free to have one almost anywhere." ,n two more major tobacco companies,Altria and R.J. Reynolds, introducing entries in test markets this past summer, it's time to decide: Does the country really want another product that can addict users, especially kids?And if e-cigarettes turn out to be dangerous, isn't it better to find out before millions of people are addicted, rather than after? There are plenty of reasons for caution. Nicotine in traditional cigarettes is so addictive that it rivals heroin and cocaine,says nicotine expert Neal Benowitz of the University of California-San Francisco. It's one reason that 20%of adults still smoke even though they know it can kill them and even though smokers have become pariahs who must huddle outside to light up. Teenagers are particularly vulnerable. Despite the industry's well-worn insistence that e-cigarettes are for adults only,teen use has taken off—not accidentally. E-cigarettes come in flavors,from traditional menthol to cherry and pina colada. The share of middle-and high-school students who had tried them doubled last year from 2011 —for a total of 1.8 million teenagers (http://www.cdc.clov/mmwr/preview/mmwrhtml/mm6235a6.htm). Even more troubling?One in five middle-school students who tried them (httr)://www usatoday com/storms/news/nation/2013/09/05/e-cigarette-use-doubles-among-us-teens/2768155/)said they had never smoked before. E- cigarettes could easily serve as a gateway to the real thing. Even in states that have banned sales to teens,the industry has exacted a price, lobbying for measures that allow e-cigarettes to escape indoor smoking bans and the high cigarette taxes that are the most potent weapon against youth smoking. As for whether e-cigarettes might help some smokers quit,the jury is still out. The best scientific study to date, in New Zealand, found them to be only �inall more effectve than nicotine atches htt ://wwwthelancetcom/ournals/lancetarticle/PIIS01406736 13 61842-5/abstractat's the right response?At least until more studies are done, states ought to treat these devices as they do traditional cigarettes,with bans on youth sales and indoor smoking.The federal government, slow to move so far, should speed up its decision to oversee contents,flavors and perhaps advertising. 2 http://www.usatoday.com/story/opinion/2013/09/22/e-cigarettes-smoking-addiction-editorials-debate/2850921/ Pe�o agf E-cigarettes threaten to undo years of gains:Our view 9/24/13 8:46 AM After decades of hard-fought gains against nicotine-delivery devices and the problems they cause,this is no time to relapse. USA TODAY's editorial opinions are decided by its Editorial Board(http://www.usatoday.com/reporters/opinion.html), separate from the news staff. Most aditoria/s are coupled with an opposing view—a unique USA TODAY feature. SHARE 838 1 46' CONNECT TWEET (httl2s:Htwi tter com/intent/tweet?url=htip•//usat ly/lf8G 1ZT&text=E-ci;arettes%20threaten%20to%20undo%20years%20( O +. FEMM PF�_ , The HP EtiteBook Folio Ultra-thin.Ultra-light Ultra-secure.Made forW"ndows 8 and powered by the Inter Core'7 processor. ® Make it matter. otodtxMysoftware nati luded QUICK POLL What do you think of this editorial? Strongly agree Agree Don't know Disagree Strongly disagree Vote View Results USA NOW h'`�IP6�i�f�ldtfti>�P>31��K�s��1�� sts- ® Sep 23,2U3-twitter-usa-now-video/) UP NEXT X Punchlines: Do you know where your new Whone is? http:/lwww.usatoday.com/story/opinion/2013/09/22/e-cigarettes-smoking-addiction-editorials-debate/2850921/ 45of �'"'k•�y f F�r�'"f''S: ,r �� fir �iw a 1�a�� � ���y� � i f'� � <� tl"�u �y �<: ; # se. &r� �y.,;;r .�• ,,+V .�; .x;•: M " � � »tea _ _ a •��dh.`s.s �,� � �r g" �`"� �' I ation 'n'; o�•�. �-� �,; at ads'�'r' dr t .• ken- electiox ca k . fee ~to, eep the 'tNV die ho ave Morn a- W rye w �"cotm 'l3q ��iapq> rose o +a. . t sI0a1F' a I hela£er" °y poweze� deui-e� ' k,13,}yT 493 t+ ' /' •7'F! aren'- ie ate �fe e rr 4 o'rities uti A0 win le t b AN an x 3blllnd@Ld4InF a* X+s does a have move t 1 a rte. she day"Pta Y4ti om US Mad of adi J 'ra eratio ''� us bl� rapt w picrals say a)so NJ lC z" z� s r t inoreapeo as en t© � a Igo; tijro affoid poiz sa ey 1` P o d serge i `ate eet i s ab a d , chve;o f a ez s do ' e , , a pix a tc ios>� - ut o Loril e K tQ�s,� okuig s e�l�Q X31 deadline for pro- they "added. Minnesota is' tksP you Ret r5 ctt�£fes are re at:ons. oniv state with a special e ciga lardhas ­`fend� = us 'of fla >•x expe2ted to.to f o s The attorne s r 4. �t1?i y 'general e ettc tax, in contrast to tradi- vors andsa�sy ,fres age ver year, a bit mor pressed concern that e-cigarettes tiniaal cigarettes,which are taxed i ication`for onluie sales. � } i overall U.S.tobaccd marke� are marketed on prune-time;TV, heavilyq at the state and federal The attoz neyS;generaI not Unlike regular smoked making it easier for those ad- level. that nicotine is "highly addic- rettes are sold on the Itlternet vertisements to reach children." Rechargeable e-cigarette kits tive"with"immediate bio-chem- and ni 4keted on television.They They noted'that some makers require a larger initial invest- ical effects on the brain and.. also colt In a dizzying array of pitch e-cigarettes with the help ment than a pack of regular ciga- body citing a U.S.Surgeon Gen- flavorsfi�Cluding chocolate and of cartoon characters like mon- rettes but typically are cheaper eral report Public-health author- cher e FDA banned the sale keys,years after makers of tradi- over time, Disposable e-ciga- ities say nicotine can affect the of flavored cigarettes, with the tional cigarettes were banned rettes are often priced similarly neurological development of mi- exception of menthol,in 2009, from using cartoons in their ads. to traditional cigarettes. nors and recommend that preg- In a letter to FDA Commis- The officials said e-cigarette Several leading, e-cigarette nant women abstain. 224 c INDIAN RIVER COUNTY �1�'rn�, D oG Q. JFW . SOLID WASTE DISPOSAL DISTRICT Q. �\n� RneRn MEMORANDI Inn Date: September 19, 2013 To: Joseph A. Baird, County Administrator 1,, From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Request for General Funds- PACE Project and Other Community Projects DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) has in the past used the General Fund to cover the disposal cost for fees associated with community projects including the Indian River County Health Department Division of Environmental Health's PACE (Protocol for Assessing Community Excellence) program. The PACE project focuses on identifying issues in a community, one of which is abandoned homes. These abandoned homes are safety and health hazards, and provide safe havens for drug dealers. It has been determined that there are several homes that need to be demolished in order to affect the well-being of the community. Other community projects include removing illegal public dumping and Keep Indian River Beautiful's (KIRB) clean-up projects that involve volunteers throughout our community. Last fiscal year, the Board approved an allocation of $7,000 from the General Fund which was utilized for disposal of approximately 56 tons or 112,000 pounds. The PACE project utilized $1,779 last year and $1,057 was used for other cleanup /illegal dumping projects with the remaining unused funding of $4,164. SWDD has received the attached request from Cheryl Dunn, Environmental Manager at the Health Department, for an allocation of $6,000 for next year. We have also received a letter of support from Julianne Price, President for Every Dream Has A Price, Inc. to continue to provide the annual allocation. Based on last year's usage, staff recommends a total $6,000 funding to cover other cleanup/illegal dumping projects. ANALYSIS: Each project will have labor and machinery donated toward this effort. It is the request of the partners involved in each project that the Board of County Commissioners allocates funds to cover associated landfill fees. This will include disposal of debris from the demolition and reconstruction of homes involved in the PACE project, and illegal public dumping debris that is cleaned up by County/SWDD staff or by volunteers organized by KIRB. The total estimated landfill fees are not expected to exceed $6,000.00 for all projects involved in clean-up efforts. SWDD Agenda-Request for General Funds-PACE Project and Other Community Project FY2013-14 Page 1 of 2 225 + FUNDING: The funding to cover landfill disposal fees for cleanup events and illegal dumping debris is available through the general fund reserve for contingency account. ACCOUNT NO.: Description Account Number Amount General Fund - Planning Other Professional Services 00120415-033190 $6,000.00 RECOMMENDATION: Staff recommends the Board of County Commission authorize up to $6,000.00 be donated to the project from the General Fund Reserve for Contingencies for the sole purpose of paying associated landfill fees. ATTACHMENT(s): 1. Letter from the Health Departement & Every Dream Has A Price, Inc. APPROVED FOR AGENDA: f Indian River Co. Appro_.yed Date By: Administration Joseph A. Baird, 6ounty Administrator legal For: ' X4 Budget Date SWDD SWDD-Finance ` Yvx G SWDD Agenda-Request for General Funds-PACE Project and Other Community Project FY2013-14 Page 2 of 2 226 Mission: Rick Scott To protect,promote&improve the health "" Governor of all people in Florida through integrated state,county&community efforts. HEALTH John H.Armstrong, MD, FACS State Surgeon General&Secretary Vision:To be the Healthiest State in the Nation INDIAN RIVER COUNTY HEALTH DEPARTMENT September 16, 2013 Himanshu Mehta Indian River County Solid Waste Disposal District 1801 27th Street Vero Beach, FL 32960 RE: Landfill Fee Allocation Dear Himanshu, Since April 2009, the Indian River County Health Department Division of Environmental Health has been implementing the Protocol for Assessing Community Excellence in Environmental Health (PACE • EH) in the Gifford community. One of the top issues that has been identified by residents and the health department is abandoned homes. These abandoned homes are safety and health hazards, and provide safe havens for drug dealers. In addition to PACE EH, Environmental Health responds to complaints associated with abandoned homes throughout the county. This type of complaint response has increased with the current economic stress on the community. Last year, the Commission allocated $6,000 to assist with landfill fees while labor and equipment were donated by private contractors in order to assist the very low income owners with demolishing the hazardous structures. It has been determined that there are other abandoned structures and illegal dumping sites that need to be demolished and cleaned up to improve the well-being of the community. It is the request of the partners involved that the County Commission allocate funds to cover associated landfill fees. The total associated landfill fees are not expected to exceed $6,000. Sincerely, / Cheryl L. Dunn, R.S. Environmental Manager Florida Department of Health www.FloridasHealth.com Indian River County Health Department TWITTER:HealthyFLA 1900 271,Street.Vero Beach,FL 32960 • FACE BOOK:FLDepartmentofHealth PHONE:772-794-7400 1 www.myirchd.com 1 YOUTUBE.fldoh2 2 7 mail;ih 0*096 EVERY DREAM HAS A PRICE. INC. August 24, 2013 Himanshu Mehta Indian River County Solid Waste Disposal District 1801 27th St. Vero Beach, FL 32960 Re: Landfill Fee Allocation Dear Himanshu, Please accept this letter as a formal request for a landfill fee allocation. In previous years, the landfill fee allocation has allowed our organization to demolish crime ridden, abandoned homes. In fact,two thirds of the demolitions would not have occurred without the allocation. Our organization supports such an allocation and will be able to keep improving the quality of life in our communities by continuing to eradicate unsafe and abandoned housing. Likewise, Every Dream Has A Price vows to restore housing and rebuild housing,too. Currently, we are building a permanently affordable duplex for housing challenged Veterans. Every Dream Has A Price, Inc. prides itself on creating solutions for those in need of affordable housing. Our organization's board and administration operate solely as volunteers so donations can be applied directly to housing projects for those in desperate need of a safe home. Our non-profit organization continues because of our partnerships, volunteers, and donors. Working together, we can make a difference. On behalf of our organization, thank you again for your consideration of this request. Sincerely, E Julianne R. Price President, Every Dream Has A Price, Inc. 22r