HomeMy WebLinkAbout12/10/2013APWAI
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December 10, 2013
INFORMATIONAL ITEM
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
To: Members of the Board of County Commissioners
Date: December 3, 2013
Subject: Resignation of the Attorney Representative to the Environmental
Control Hearing Board
From: Misty L. Pursel
Commissioner Assistant, Districts 1 & 5
Ms. Cynthia VanDeVoorde Hall, Attorney Representative to the Environmental Control
Hearing Board, resigned from that position, effective December 3, 2013.
Chapter 85-427, Special Acts, Laws of Florida, provides that one member of the Indian
River County Environmental Control Hearing Board is to be an attorney licensed by the
State of Florida and appointed to the Hearing Board by the Board of County
Commissioners sitting as the Environmental Control Board, upon the recommendation of
the Indian River County Bar Association.
Anyone interested in serving on the Environmental Control Hearing Board and meets
the requirements will need to submit an application and resume to 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.ircqov.com/boards/committee applications
or the Board of County Commissioner's Office.
Attachment: Ms. VanDeVoorde Hall's resignation letter dated December 3, 2013.
1
VanDeVoorde Hall Law, P.L.
1327 North Central Avenue
Sebastian, Florida 32958
Telephone: (772) 589-4353 Fax: (772) 388-5514
Email: info Cc4vandevoordelaw.com
Rene' G. VanDeVoorde
Cynthia VanDeVoorde Hall*
Attorneys at Law
* Licensed in Florida, Georgia, & before the
U.S. Patent & Trademark Office
December 3, 2013
VIA EMAIL AND FIRST CLASS MAIL
Cheryl Dunn
Environmental Control Officer
Florida Department of Health, Indian River County
1900 27th Street, Vero Beach, FL 32960
cher I.dunn gflhealth.gov
RE: Resignation from Environmental Control Hearing Board
Dear Ms. Dunn:
Mari Parsons
Of Counsel
As I briefly discussed with you several weeks ago, given my current workload in my business, I
do not feel as though I can continue to dedicate the time needed to serve as a member of the
Environmental Control Hearing Board in the next year. Thus, I am hereby resigning from the
Environmental Control Hearing Board of Indian River County, Florida. My resignation is
effective immediately, but I will continue to serve on the Board until a successor is appointed to
my position (attorney appointee).
It has been an honor to serve on this board, and I wish you and your department all the best.
Sincerely,
/s/
Cynthia VanDeVoorde Hall
Cc: Dylan Reingold, Esq., County Attorney
Jennifer Peshke, Esq., Consultant to the Health Department
2
DECEMBER 10, 2013
INFORMATIONAL ITEMS
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
To: Members of the Board of County Commissioners
Date: December 3, 2013
Subject: Resignation of Hugh King to the Construction Board of Adjustment &
Appeals
From: Laura E. Vasquez, Commissioner Assistant; District 2
�— Mr. Hugh King has tendered his resignation, effective October 24, 2013 from the Construction
Board of Adjustment & Appeals, as a Member of the General Public. His Term expires
January 01, 2014. This is a 3 year term.
Anyone interested in serving on the Construction Board of Adjustment & Appeals 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
3
Laura Vasquez
From:
Linda Cichewicz [Icichewicz@ircgov.com]
Sent:
Thursday, October 24, 2013 10:00 AM
To:
hughking@comcast.net
'- Cc:
BCC - Office; 'Reta Smith'
Subject:
RE: Indian River County Construction Board of Adjustment & Appeals
Thank you for your prompt response. We will let the County Commissioners know of your desire not to continue to serve
on this board when your term expires in January 2014.
Again, thank you for your service on the Construction Board of Adjustment & Appeals.
LINDA A. CICHEWICZ
Legal Assistant to County Attorney
Indian River County
Direct: (772) 226-1405
Icichewicz(ai rcaov.com
ABefore printing this e-mail, think if it is necessary. Think Green!
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
From: hughking@comcast.net [mailto:hughking(acomcast.net]
Sent: Thursday, October 24, 2013 9:26 AM
To: Linda Cichewicz
Subject: Re: Indian River County Construction Board of Adjustment & Appeals
Dear Linda,
It has been a pleasure to serve on the IRC Construction Board of Adjustment and Appeals but I will be ending
my service at the conclusion of my present term.
Thank You,
Hugh King
From: "Linda Cichewicz" <Icichewicz(aD_ircgov.com>
To: hug hking(aD-comcast.net
Sent: Wednesday, October 23, 2013 5:21:53 PM
Subject: Indian River County Construction Board of Adjustment & Appeals
Dear Rev. King,
Based on the County's records, your current term on the Construction Board of Adjustment & Appeals (Board) will expire
in January 2014. The County Commissioners need to know whether or not you would like to be considered for a new
term. The new term would begin in January 2014, and continue for three (3) years thereafter.
Please advise the undersigned, no later than Monday, October 28, 2013, whether or not you wish to be considered for
reappointment (email response preferred).
Thank you for your service on the Board.
V»- LINDA A. CICHEWICZ, on behalf of
Dylan Reingold, County Attorney
4
December 10, 2013
INFORMATIONAL ITEM
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
To: Members of the Board of County Commissioners
Date: December 3, 2013
Subject: Resignation of BCC Appointee to the Beach & Shore Preservation
Advisory Committee
From: Misty L. Pursel
Commissioner Assistant, Districts 1 & 5
Ms. Cheryl Gerstner, BCC Appointee to the Beach & Shore Preservation Advisory
.., Committee, resigned from that position, effective November 26, 2013.
Anyone interested in serving on the Beach & Shore Preservation Advisory Committee
and meets the requirements will need to submit an application and resume to 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: Ms. Gerstner's resignation email dated November 26, 2013.
Misty Pursel
Subject: FK Indian River County Beach & Shore Preservation Advisory Committee
From: Cheryl [mailto•cher liliinvero gmail.com]
Sent: Tuesday, November 26, 2013 4:04 PM
To: Linda Cichewicz
Cc: Misty Pursel; James Gray
Subject: RE: Indian River County Beach & Shore Preservation Advisory Committee
Linda: Will this suffice? cig
The Board of County Commissioners
Indian River County
c/o Alan Polackwich, County Attorney
Re: Beach and Shore Preservation Advisory Committee
Mr. Polackwich:
Please accept this communication as my resignation from membership on the Beach and Shore Committee. I
have had an enjoyable tenure there, and am pleased to have served and participated in the important issues
encountered and resolved over these last years. As I have expressed, I am willing to continue to serve until a
replacement can be enlisted from Sector 7. Hopefully, that can be accomplished by January 15, 2014, if not sooner. My
appreciation to all for the opportunity to have participated in a small way in the management and preservation of what I
`'think is this county's most valuable asset. I wish my friends and neighbors on the committee well in their efforts for the
future. My best wishes to them all.
Very truly yours,
Cheryl I. Gerstner
772.539.2100
6
-7b
INFORMATIONAL ITEMS
DECEMBER10, 2013
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: December 2, 2013
SUBJECT: 2013-14 Indian River County School Board Committee Appointments
FROM: Laura E. Vasquez, Commissioner Assistant for District 2
Attached is the Indian River County School Board Committee Appointments for 2013-2014
Attachment / lev.
7
District School Board Organization Meeting—Cou11ty Commission Committee Assipr meats 111/19/20i3 I
Stang, judy
District School Board Member Assignments
To
County Commission Committees
Effective: 11/20/2013 (unless otherwise indicated)
The following appointments are for one-year only, unless otherwise indicated.
County Commission's Metropolitan Planning Organization (MPO), Committee Member
and an Alternate — Voting Position
Duties included attending monthly meetings on the 2nd Wednesday of the month at
10 a.m. in Room 131-501. Last year Mr. McCain completed the year for Mr. Pegler,
with Ms. Jimenez as Alternate.
Mrs. Disney-Brombach - Committee Member
Ms. Jimenez — Alternate
County Commission's Economic Development Council (EDC), Committee Member —
Two -Year, Voting Position
Duties included attending monthly meetings on the 3rd Tuesday of the month at 3
p.m. in Conference Room 61-501. Last year Ms. Jimenez served, with Mrs. Disney-
Brombach as Alternate. Chairman Johnson stated that this would be Ms. Jimenez's
seconded year; therefore, no changes were needed.
Indian River County Obesity and Diabetes Taskforce Meeting, Liaison
Duties included attending meetings as called. Last year Ms. Jimenez served.
Ms. Jimenez - Liaison
Indian River County Planning and Zoning Commission, Two -Year, Non -Voting Position
with an Alternate
The Commission met on the 2nd and 4th Thursday of the month at 7 p.m. in County
Commission Chambers. These were two-year positions. The appointments were for
2014 and 2015 calendar years. Last year Mrs. Johnson continued for her second
year, with Mr. Pegler as Alternate.
Chairman Johnson - Member
8
District School Board Organization Meeti rig —County Cornniission Committee Ass ignmetits 113/19/201:3
Stang, luf3y
Approval of Appointment of a Citizen to the Indian River County Citizen Advisory
Committee, re: MPO Transportation
Ryan Wilson volunteered and was appointed to the position on September 11, 2012.
The term of this position was to coincide with the Board's organization meeting. The
CAC holds at least four meetings each year. Mr. Wilson submitted a yearly report
and agreed to do an additional term.
Chairman Johnson stated that Mr. Wilson had served since 2012 and was interested
in continuing in this position. She said that a motion was in order for approval to re-
appoint Mr. Wilson to the Indian River County Citizen Advisory Committee, MPO
Transportation.
Mr. Wilson was appointed to this position unanimously, with a 4-0 vote
Approval of Appointment of a Citizen to the Indian River County School Planning
Citizen Oversight Committee re: Interlocal Agreement for Public School Planning
Peter Robinson served on this Committee since its inception in 2003. The purpose
of the Committee was to monitor implementation of the Interlocal Agreement and
to report to participating local governments --the District School Board and the
general public --on the effectiveness with which the Interlocal Agreement was being
implemented. The Committee met once per year on a date and time to be
determined. The effective date of this appointment was January 1, 2014. Board
Members would vote on this appointment. Mr. Robinson sent in his report and
agreed to do an additional term.
Chairman Johnson stated that Mr. Robinson had continued to serve since its
inception in 2003 and was interested in continuing in this position. She said that a
motion was in order for approval to re -appoint Mr. Robinson to the Indian River
County School Planning Citizen Oversight Committee.
Mr. Robinson was appointed unanimously, with a 4-0 vote
Approval of Appointment to Indian River County, School Concurrency Sub -Committee
Workgroup, Non-voting Member
This workgroup was established in 2007. The purpose of the workgroup was to
discuss school concurrency as a small, working group. The Board must elect a Board
Member and a Staff Member. Last year Chairman Johnson and Mr. Sanders served.
Chairman Johnson and Mr. Sanders were appointed unanimously, with a 4-0 vote
9
District School Board Organization Meeting —County Commission Committee /Assignments 111./191/2013 j
Stang, Judy
Approval of Appointment to County Commission's Value Adjustment Board (VAB),
One Committee Member and One Alternate
Reference: Florida State Statute 194.015. The Committee met each year as needed.
The appointment would be effective upon approval by the County Commission. Last
year Mrs. Johnson was appointed as Committee Member and Mrs. Disney-Brombach
was appointed as Alternate.
Mrs. Disney-Brombach was appointed as a Member unanimously, with a 4-0 vote.
Mr. McCain was appointed as Alternate unanimously, with a 4-0 vote.
Approval of Appointment to County Commission's Value Adjustment Board (VAB),
One Citizen Member
The Committee meets each year as needed. Eligibility was set forth in Florida State
Statute 194.015. Last year Mrs. Rose Spytek continued as the citizen member
through the end of the 2012 Tax Cycle. On January 22, 2013, Chairman Johnson
recommended Todd Heckman who was appointed by the School Board. The
position was for a calendar year/tax cycle starting January 1, 2014. Mr. Heckman
had submitted his yearly report and was interested in continuing as the Citizen
Member,
Mr. Heckman was appointed unanimously, with a 4-0 vote.
Information
Staff Appointments to Indian River County Committees
Attached was a list of staff appointments to Indian River County Committees that
were required by law and approved by the Superintendent for the 2014 calendar
year.
Superintendent will send a list of appointees to the County.
County, School Planning, Elected Officials Oversight Committee
Membership bylaws required that the Chairman of the School Board hold this
position.
10
PROCLAMATION
�F
DESIGNATING DECEMBER 12, 2013 AS
POLL WORKER APPRECIATION DAY
WHEREAS, on November 6, 2012, more than 250 Indian River county voters served as
poll workers to conduct the Presidential Election; and
WHEREAS, poll workers represent every facet of our society and community and provide
a tangible link between the voting public and the election process; and
WHEREAS, poll workers volunteer to serve their fellow citizens with distinction and
provide an invaluable service to our community; and
WHEREAS, poll workers' dedicated service is the backbone of American democracy and
allows our democracy to flourish; and
WHEREAS, poll workers provide an invaluable function to our community and are one of
our county's most valuable resources.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, in appreciation of these Gatekeepers
of Democracy, the Board does hereby proclaim December 12, 2013 as Poll Worker
Appreciation Day and extends our gratitude and admiration for the poll workers of Indian River
County and the vital services they perform in conducting Indian River County's elections.
Adopted this 12th day of December, 2013.
BOARD OF COUNTY COMMISSIONERS
AN RIVER CQUNTY, FLORIDA
Pe er D. O'Bryan, Chair an
Wesley S. Davis, Vice Chairman
Jo ph . Flescher
Bob Solari
Tim
11
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director
FROM: Christopher J. Kafer, Jr., P.E., County Engines
SUBJECT: Amendment No. 2 to Indian River County South County Regional Park
Intergenerational Recreation Facility Professional Civil Engineering and
Architectural Services Consultant Agreement
RFQ No. 2012024 — IRC Project No. 1135
DATE: November 20, 2013
DESCRIPTION AND CONDITIONS
On March 20, 2012, the Board of County Commissioners approved a Professional Civil Engineering and
Architectural Services Consultant Agreement with Borrelli & Partners, Inc. to provide design, survey and
cost estimating services for a two phase, 40,000 sq. ft. (approximate) Intergenerational Recreation
Facility at the South County Regional Park for the amount of $613,232.03.
Phase One was originally to include a 22,000 sq. ft. building, with two (2) high school -sized
basketball/volleyball courts, offices, multi -activity and multi-purpose rooms and associated restrooms.
Amendment No. 1 was approved by the Board of County Commissioners on August 20, 2013 for
$243,783.00 to increase the building to approximately 36,380 sq. ft., bringing the total contract cost to
$857,015.03.
During the preliminary drainage design, it was determined that existing utilities and stormwater facilities
make connecting the drainage outfall to the IRFWCD canal on the south side of Oslo Road unfeasible.
The outfall is being modified to discharge into the existing stormwater pond on County owned site east
of the South County Regional Park property. Additional survey services are necessary to establish
pertinent information on the adjoining site. A proposal from Borrelli & Partners, Inc. has been received
for this work, totaling $2,000.00 for additional survey work.
FUNDING
Under the County's code, all funds collected from public impact fees shall be used for the purpose of
capital improvements to public facilities under the jurisdiction of the County and notfor maintenance or
operations. Such acquisitions and improvements shall be those which are necessary to accommodate
new growth and development in the County.
F:\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\BCC Agenda
Amendment No. 2 I 1-20-2013.doc
12
PAGE TWO
Christopher J. Kafer, Jr., P.E., County Engineer
December 10, 2013 Agenda Item
Funding for Amendment No. 2 to the Intergenerational Recreational Facility at South County Park is
available through a combination of 50% Optional Sales Tax/Parks and 50% Recreation Impact Fees.
Optional Sales Tax Fund/Parks & Recreation/South Account No. 31521072-066510-03028
County Park Intergenerational Recreation Facility -($1,000.00)
Additional Facility Impact Fee Fund/South County Account No. 10321072-066510-03028
Park Intergenerational Recreation Facility ($1,000.00)
RECOMMENDATION
Staff recommends the Board of County Commissioners approve Amendment No. 2 in the amount of
$2,000.00 with Borrelli & Partners, Inc. and authorize the Chairman to execute the agreement.
ATTACHMENTS
1. Amendment No. 2
2. Proposal from Borrelli & Partners, Inc. dated October 15, 2013
DISTRIBUTION
1. Borrelli & Partners, Inc.
APPROVED AGENDA ITEM
FOR December 1%0, 2013
By
Indian River County Approved_Date
Administration
Budget
613
Legal
2
Purchasing
12 3
Recreation
�� - 3 - 3
Public Works
—4
Engineering C
/ _ > C _ 13
F:\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\BCC Agenda
Amendment No. 2 11-20-2013.doc
13
Board of County Commissioners
180127th Street
Vero Beach, Florida 32960
Telephone. (772) 567-8000 FAX.- (772)-778-9391
INDIAN RIVER COUNTY SOUTH COUNTY REGIONAL PARK
INTERGENERATIONAL RECREATION FACILITY
IRC Project No. 1135
AMENDMENT NO. 2
to
CONSULTANT AGREEMENT
FOR
PROFESSIONAL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES
WITH
BORRELLI &. PARTNERS, INC.
This is an amendment to the existing CONSULTANT AGREEMENT between BORRELLI & PARTNERS, INC.
(CONSULTANT j and INDIAN RIVER COUNTY '(COUNTY) for Professional Civil Engineering and
Architectural Services. All provisions of the CONSULTANT AGREEMENT shall remain in full force and
effect, unless otherwise specifically modified. This amendment addresses changes in "SCOPE OF
SERVICES" and "COMPENSATION" of CONSULTANT AGREEMENT as follows:
SCOPE OF SEE 1 cs
Additional survey related services required due to unforeseen existing conditions.
COMPENSATION.
The section of CONSULTANT AGREEMENT entitled COMPENSATION shall be revised to include the
additional fees:
Surveving
$ 2,000,00
Total Additional Services forAmendment No. 2 CO
[Remainder of page left intentionally blank. Next page is signature page.]
F NPatrlic NVnr1 ek-CV4 VEERING DIVISION PROJECIVII135-S CountyPork irttsgenexatHunat Ret FadItty Admar agenda kwis Ammdwwil Na2 Berm & Parings 12-M
20B.doc
14
PAGE TWO
�•- AMENDMENT NO.,2 to CONSULTANT AGREEMENT (B-ORRELLI & PARTNERS, INC.)
FOR DECEMBER 10, 2013 BCC
IN WITNESS HEREOF the Iparties hereto have executed these presents this day of
2013.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA.
Peter D. O'Bryan, Chairman
Approved by BCC
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
Deputy Clerk
Approved as to Form and Legal
Sufficiency;
avian. Rengol ., CountyA#torney
Baird, County Adm
BORRELLI &r PARTNERS, INC.
Jorge .Borrelli, President
Wltnessed ,y ,.
(Printed name)
FA%blk WtmWFNGTNEEFJNG ]XVISiON AROJECTS:1135-5 Courcy PA Jat"S-=1ilona1 Rm FacilkyAdmimlagenda heuLv'vlmeadmau:W, 2 BormflS & I'mivas..12,10-
15
BORRELLI + PARTNERS
-C-TECTUAE -I.A-ING L-NDII-E
October 15th, 2013
Mr. Christopher J. Kafer, Jr., P.E.
County Engineer
Engineering Division
1801 271h Street (Building A)
Vero Beach, FL 32960
Re: Fee Proposal for Additional Surveying Services for the Indian River County Intergenerational Recreation Facility at
South County Regional Park Vero Beach, Florida
Dear Mr. Kafer--
Borrelli, + Partners, Inc. .(B.+P) respectfully. submit this. scope and additional services fee proposal for the above referenced
project for your review and consideration.
The additional surveying services w I e are requestim- are as follows:
As part Of the preliminary, Aormwatercesign for the IRCintergenerational Recre
tion Center, Steve Moler and John Boyer,
our Civil Engineers determined that existing, ,4fili.ties'and ,stdrmw4ta facilities make. connecting to the drainage canal (our
site's legal outfall) along the south side of0slo Road I unfeasible. Our project will need to outfall to an existing stormwater
pond on the County -owned site to the east of,the .South County Park site.
In order to support the design of a stormwater pipe to connect to the existing pond (Pond 100 - see aerial in attached
proposal) we will need additional topography of the adjacent site.
The specific scope of services are as follows-
I- Recover existing horizontal and vertical control. Elevations shall be basedupon NAVD'88.
2. Obtain elevations on 50 foot grid Within, the project UrnIM.
3. Locate and obtain elevation$, on all visible improvements, including pavement, utilities, fences. etc.
4. Locate and obtain elevations of existing retention, pond, including top of bank and toe slope.
5. locate and identify all trees,4' or larger., as required by County code.
6. Integrate with existing topogn(phic-sorvey and prepare, updated topo
graphi i c survey as necessary.
7- Upon completion, provide ten 00) signed and sealed copies and one digital file of the survey.
NOTINCLUDED IN SCOPE OF SERVICES.. -
The following services are not included Within our scope of services and: fee proposal:
A. Geotechnical Engineering services:
B. Environmental Consulting Services.
C. Traffic Engineering/ Studles..
D. Food Servike Consuitant,
E; Audio VIWOVS-gcurtty/CoMrhunications Equipment, Design [design incl, conduit onlyl,
F, LEED SerVices I Commissioning,
G. Interior Design Services [incl. material selection boards, interior renderings, FF&E].
H. Public Pr6entabons (other than noted herein),
1. Models or Renderirig5 (other than >noted herein).
J. Permit Review Fees.
JAIME F- BGkRELLI, AIA, NCARE3 :: JORGE A- UORRELLI, ASLA :, JIM BORRELI-1, CGC :,. JUDY A. CARTY, AIA, NCARS
h.l. 407-'141K 1 AM :: fits 417.418:1342
72t1 VaisayStreet, 0danJo. rlorhfa 32,M) I
AAC 06P-14 I
16
Mr. Christopher J. Kafer, Jr., P.E.
October 15t� 2013
Page 2 of
COMPENSATION,
We propose to accomplish the additional surveying required for the project for a lump sum of Two Thousand Dollars
($ZOW.OQ).
If you have any questions or if l can provide any additional clarification regarding our proposal, please feel free to contact
me at your convenience. Please notify us if this proposal meets with your approval. We look forward to our continued
working relationship with you on this very exciting project.
Sincerely,
t
ivy Twl�
Jorge A. Borrelli, ASIA, 1.EED AP'BD+C, OPTED
President
Borrelli + Partners, Inc.
Architects' Planners
17
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director
FROM: Christopher J. Kafer, Jr., P.E., County Engine �y
SUBJECT: Work Order No. 3 with Bridge Design Associates, Inc.
13th Street S.W. Bridge over the IRFWCD Sub -Lateral B-8 Canal (58th Avenue)
IRC Project No. 0530
DATE: November 19, 2013
DESCRIPTION AND CONDITIONS
On October 3, 2006, County Commissioners approved Work Order No.1 with Bridge Design Associates, Inc.
for design of a three -lane bridge on 13th Street S.W. over the Sub -Lateral B-8 Canal (58th Avenue) in the
amount of $32,050.00.
In 2008, the Board of County Commissioners approved the Capital Improvement Element of the
Comprehensive Plan, eliminating the funding for the construction of the 13th Street S.W. Bridge over the
IRFWCD Sub -Lateral B-8 Canal (58th Avenue).
On August 21, 2012, the Board of County Commissioners approved terminating the design project for the
bridge and paid Bridge Design Associates, Inc. 50% of the contract amount.
Recently, the Florida Department of Transportation (FDOT), through their Bridge Inspection Program,
inspected the subject bridge and determined that substantial repair is required to insure safe travel across
the bridge. Estimated cost to provide repairs to this bridge is $50,000.00. The existing bridge is a narrow 2 -
lane bridge, built in 1962 and is classified by FDOT as "Functionally Obsolete." The repairs to the existing
bridge would include removal of the entire bridge, replacement of all the wooden piles, construct pile caps,
and re -installation of the deck units. When completed, the bridge would still be a narrow 2 -lane bridge,
classified by FDOT as "Functionally Obsolete," and have a 52 year-old superstructure (deck surface).
Therefore, to avoid putting money into an old bridge that may have an extended life expectancy of 5 to 10
years, staff considers designing and constructing a new 3 -lane bridge and installing asphalt millings on the
unpaved portion of 58th Avenue from 13th Street S.W. to south of Oslo Road as a long term solution to
improve the roadway network in this area.
FUNDING
Due to the fact that this project was previously eliminated, funds are not currently budgeted. However,
funding is available for this project from Secondary Roads/13th Street, SW/43`d Avenue to 58th Avenue in
the amount of $53,665.00.
F:\Public Works\ENGINEERING DIVISION PROJECTS\0530-13th St SW East of 58th Ave\Admim\agenda items\BCC Agenda for Bridge
Design Assoc. WO 3 for BCC 12-10-2013.doc
19
PAGE TWO
Agenda Memo for December 10, 2013 BCC Meeting
Christopher J. Kafer, Jr., P.E., County Engineer
RECOMMENDATION
Staff recommends the Board of County Commissioners approve Work Order No. 3 to Bridge Design
Associates, Inc. for a lump sum of $53,665.00 for design of a 3 -lane bridge on 13th Street S.W. over the
IRFWCD Sub -lateral B-8 Canal and construction related services. Also, staff requests the Board to authorize
the Chairman to sign the attached Work Order No. 3.
ATTACH M E NTS
1. Work Order No. 3
2. Bridge Design Associates, Inc. proposal dated November 18, 2013
DISTRIBUTION
Bridge Design Associates, Inc.
'•- APPROVED AGENDA ITEM
FOR December 10, 2013
BY
Indian River County
Approved
Administration
��Dttate��LL
Budget
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Legal
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F:\Public Works\ENGINEERING DIVISION PROJECTS\0530-13th St SW East of 58th Ave\Admim\agenda items\BCC Agenda for Bridge
Design Assoc. WO 3 for BCC 12-10-2013.doc
20
WORK ORDER NUMBER 3
13th Street S.W. Bridge Over IRFWCD Sub -Lateral B-8 Canal
This Work Order Number 3 is entered into as of this day of , 20_
pursuant to that certain Continuing Contract Agreement for Professional Services entered into as
of November 15, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida ("COUNTY") and Bridge Design and Associates, Inc.
("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference.
The professional services will be performed by the Consultant for the fee schedule set forth in
Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference.
The Consultant will perform the professional services within the timeframe more particularly set
forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this
reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to
paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the
terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in
each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date
first written above.
CONSULTANT:
Bridge Design an Associates, Inc.
By: By:
Title: Brian C. Rheault, P. E.,
President
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Peter D. O'Bryan, Chairman
BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
4saeph�aircl, County Administrator
Approved as to form and legal sufficiency'//
41-- !� Dylan T. Reingold, County Attorney
F:\PublicWorks\ENGINEERING DIVISION PROJECTS\0530-13th St SW East of 58th Ave\Admim\agenda items\Bridge Design Work Order No. 3.doc
21
BRIDGE DESIGN ASSOCIATES, INC.
C ON S U L T ING E N G IN E E R S
November 20, 2013
Indian River county
18002 Ph Street
Vero Beach, Florida 32960
Attention: Chris Kafer, P.E.
Regarding: 1Vh Street S.W. over Sub lateral B-8 Canal
Project No.: 06-624
Dear Chris:
BRIAN C. RHEAULT, P.E.
President
Pursuant to your request, Bridge Design Associates, Inc. can provide all necessary structural
engineering for the above referenced project.
The proposed bridge will be a three -lane bridge with an 8'-0 and 5'-4" shoulders and a sidewalk on the
north side of the bridge and utility shelf on both sides. The bridge will be approximately 37'-0 long.
Our design will be based on applicable County and F.D.O.T. Standards and AASHTO LRFD Design
Standards.
Our services will include design, permitting through Army Corps of Engineers, St. John's Water Control
District and Indian River Farms Water Control District. Construction Phase services will also be
provided.
Design Phase services and permitting will be complete within 180 days following notice to proceed.
Construction Phase Services will be performed contiguous with construction.
Any surveying or property owner research required for permitting is not included in our scope of
services. Permitting fees will be the responsibility of the County.
The attached Exhibits "A" and "B" are manhour breakdowns of tasks with commensurate fees.
If you have any questions, please give me a call.
Respectfully,
BRIDGE,6ESIGN ASSOCIATES, INC.
Rheault, P.E., #38797
BCR:kedS:12006-Jobs\06-624 13th St SW over 58th Ave Bridge101 AdminlProposaMproposal 11-20-13.wpd
1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach, Florida 33411
(561) 686-3660 • Fax: (561) 791-1995
22
BRIDGE DESIGN ASSOCIATES, INC.
13TH STREET AND 58TH AVENUE BRIDGE REPLACEMENT
November 20, 2013
HOURLY BREAKDOWN OF SERVICES
EXHIBIT W
ACTIVITY
SHEET
#
PROJECT
MANAGER
PROJECT
ENGINEER
FIELD
REP
E.I.
CAD
TECH
TOTAL
HOURS
BY
ACTIVITY
LABOR
COST
BY
ACTIVITY
$150.00
$115.00
$70.00
$90.00
COORDINATION
Ufilfty Coodination
WA
4.0
4.0
8.0
1 $1,080.00
Permit Meetings / IRFWCD / SJRWMD / ACOE / DE
WA 1
4.0 1
1 1
1
4.0
1 $600.00
DESIGN
General Notes/ ConstrUdlon Notes / Specdications N/A 2.5 8.0 10.5 $1,295.00
Design Sheet pile wall system for end bent WA 6.0 6.0 $690.00
Design end bent pile ca N/A 6.0 6.0 $690.00
Design superstructure deck slab N/A zo 12.0 14.0 $1,680.00
Design closure pours WA 3.03.0 $345.00
Design post tension system WA 4.0 4.0 $460.00
Design barrier system & guardrail WA zo 4.0 8.0 $760.00
Design slope protection WA 2.0 4.0 6.0 $750.00
PLANS PREPARATION
Index of Sheets / Location Ma / Summ of Q B1 6.0 8.0 $540.00
Bridge Cross section existing & prop B2 4.0 4.0 $360.00
General Notes / Design Criteria / Constr. Notes B3 2-0 zo $180.00
Bridge Plan Sheet B4 12.0 12.0 x1,060.00
Bridge Elevation B5 3.0 3.0 $270.00
Substructure Plan B6 6.0 6.0 $540.00
Pile Data Table / Soll Borings B7 6.0 6.0 $540.00
Finish Grade Plan B8 1zo lzo $1,060.00
End Bent Plan & Elevation B9 6.0 6.0 $540.00
End Bent details B10 12.0 12.0 $1,060.00
Superstructure typical cross section B11 4.0 4.0 $360.00
Precast slab layout plan & post tension B12 1 4.0 4.0 $350.00
Precast slab plan elevation B13 6.0 8.0 $720.00
Precast slab details, bar banding diag B14 18.0 18.0 $1,620.00
Sheet pile wall details, notes etc. B15 6.0 6.0 $720.00
Approach slab layout sheet B16 6.0 6.0 $540.00
Index sheets (600,601,614,700-1,700-2, 810 617-
8201- 820-2) B24 1 9.0 1 9.0 3810.00
Load Rating Analysis WA 5.0 18.0 21.0 $1,695.00
MISCELLANEOUS
Quantities & Estimates WA
1.0
2.0 12.0
15.0 $1.220.00
Permit Application &Responses WA
4.0
6.0
5.0
17.0 $1,970.00
TOTAL MANHOURS
21.5
68.0 28.0
131.0
248.5
DIRECT LABOR COST
$3,225.00
$7,590.00 $1,960.00
$11,790.00
$24,565.00
ENGINEERING FEES $24,565.00
S:12006 Jobs%DM24 13th St SW over 58th Ave BfteWl AdminWmpcwIs%ExNbit A Design 11-20-13E)Hbit A Design 11-20-13
23
BRIDGE DESIGN ASSOCIATES, INC.
13TH STREET OVER SUB LATERAL B-8 CANAL
CONSTRUCTION PHASE
November 20, 2013
HOURLY BREAKDOWN OF SERVICES
EXHIBIT "B"
ACTNITY
PROJECT
MANAGER
PROJECT
ENGINEER
FIELD REP CAD
El TECHNICIAN
TOTAL
HOURS
BY
ACTIVITY
LABOR
COST
BY
ACTIVITY
$150.00
$115.00
$70.00 $90.00
Pre Construction Meeting
2.0
2.0
4.0
$530.00
Shop Drawing Reviews
8.0
16.0
24.0
$3,040.00
Pile Casting
2.0
8.0
10.0
$790.00
Pile Driving
16.0
40.0
56.0
$4,640.00
Pile Cas
8.0
32.0
40.0
$3,160.00
Pre -Stressed Decks - Casting
8.0
16.0
24.0
$2,040.00
Prestressed Decks - Placement
8.0
8.0
$560.00
Closure Pours
8.0
8.0
$560:00
Post Tensioning
B.D
8.0
$920.00
-End Closure Pours
8.0
8.0
$560.00
Sidewalks
16.0
16.0
$1,120.00
Barriers
16.0
16.0
$1,120.00
Approach Slabs
8.0
8.0
$560.00
Approach Slabs Sidewalk
8.0
8.0
$560.00
Approach Slab Barrier
8.0
6.0
$560.00
Final Inspection
4.0
4.0
8.0
$880.00
Final Report & Certification
8.0
8.0
$1,200.00
TOTAL MANHOURS
22.0
60.0
180.0
0.0
262.0
DIRECT LABOR COST
$3,300.00
$6,900.00
$12,600.00
$0.00
$22,800.00
$22,800.00
PDA TEST (2) $6.300.00
TOTAL $29.100.00
S:t200&JobsV)"24131h St SW over SBIh Ave BrldgeWl Admin\ProposalslExnbit B CPS
24
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director
(7_y�
FROM: Christopher J. Kafer, Jr., P.E., County Engine ,
SUBJECT: Historic Dodgertown (fka Vero Beach Sports Village)
Room Renovations — Change Order No. 2
IRC Project No. 1341
DATE: November 22, 2013
DESCRIPTION AND CONDITIONS
On October 22, 2013, the Board of County Commissioners approved the contract with OAC
Action Construction, Corp. for construction of the Historic Dodgertown Room Renovations
and approved Change Order No. 1 in the amount of $31,979.29 to reduce the original bid of
$599,345.00 to $567,365.71. The reduction involved eliminating five (5) room renovations.
On November 12, 2013, the Board of County Commissioners approved funding all 66 rooms
for renovation at Historic Dodgertown.
The attached Change Order No. 2 supersedes Change Order No. 1, which reduced the
contract amount due to eliminating 5 rooms for renovations.
The amount of the contract after approval of Change Order No. 2 would be $599,345.00.
Also, the County has direct purchased chairs and TVs for the rooms at a total of $32,634.29,
bringing the total cost of the room renovations to $631,979.29.
FUNDING
Funding for the Change Order No. 2 in the amount of $31,979.29 is approved and available
from Dodgertown Reserve Account/Construction Account No. 30816275-066510-01002.
RECOMMENDATION
Staff recommends approval of Change Order No. 2 to the contract with OAC Action
Construction, Corp. in the amount of $31,979.29.
F'Public Works\ENGINEERING DIVISION PROJECTS\ 1341 -Historic Dodgertow (&a VB Sports Village) Room Renovations)\Admin\agenda items\BCC Agenda Change Order
No. 2 12-10-2013.doc
25
Page 2
Christopher J. Kafer Jr., P.E., County Engineer
For December 10, 2013 BCC Meeting
ATTACHMENTS
1. Change Order No. 2
DISTRIBUTION
1. OAC Action Construction, Corp.
2. Craig Callan, Verotown, LLC
APPROVED AGENDA ITEM
FOR December 1
,-a- BY(LaC?_A 4 AC44
Indian River County
Ap
Date
Administration
D
wy i3
Budget
Legal
Public Works
If
Engineering
F:\Public Works\ENGINEERING DIVISION PROJECTS\1341-Historic Dodgertown (fka VB Sports Village) Room Renovations)\Admin\agenda itemslBCC Agenda Change Order
No. 2 12-10-2013.doc
26
SECTION 00942 - Change Order Form
DATE OF ISSUANCE: 12/10/2013
No. 2
EFFECTIVE DATE: 12/10/2013
OWNER: Indian River County
CONTRACTOR OAC Action Construction, Corp.
Project: HISTORIC DODGERTOWN ROOM RENOVATIONS
Project No. 1341
Bid No. 2014003
You are directed to make the following changes in the Contract Documents:
Description:
Add renovations for Small Rooms 164, 165, 166, 167 and 168.
Reason for Change Order:
To renovate all rooms
Attachments: (List documents supporting change)
Description of Itemized Changes
CHANGE IN CONTRACT PRICE:
Description
Amount
Original Contract Price
(days or dates)
Final Completion:
$599.345.00
Net decrease from previous
(days)
Change Order No. 1:
$31.979.29
Contract Price prior to this Change
(days or dates)
Order.
$567,365.71
Net increase of this Change Order.
252 days
Net increase Change Order 2:
$31,979.29
Contract Price with all approved
19 days
Change Orders:
$599.345.00
M
Date:
CHANGE IN CONTRACT TIMES
Description
Time
Original Contract Time:
(days or dates)
Final Completion:
271 days
Net decrease Change Order No.1:
(days)
Final Completion:
19 days
Contract Time prior to this Change
(days or dates)
Order.
Final Completion:
252 days
Net increase Change Order 2:
(days or dates)
Final Completion:
19 days
Contract Time with all approved
(days or dates)
Change Orders:
Final Completion:
I 2ZI days
RECOMMENDED:
By:
ENGINEER (Signature)
Date:
APPROVED:
By:
OWNER (Signature)
Date:
00942 - Change Order No. 2 12-10-2013
00942-1
Fllublic Works%ENGINEERING DMSION PROJECTS11341-Historic Dodgenovm (&a VB Sports Pillage) Room Renovabons)Wdminlagenda items\00942-Change Order No.
2 12-10-2013.doo Rev. 05101
27
CHANGE ORDER No. 2
Description of Itemized Changes
HISTORIC DODGERTOWN ROOM RENOVATIONS
PROJECT NO.1341 / BID NO. 2014003
12/10/2013
Item No. Des"cription Unit Quantt ,Unit Price Price Increase.:Price Decrease
PRICE INCREASES
48
SMALL ROOM #164 RENOVATIONS
EA
1
7 410.00
7,410,00
49
SMALL ROOM #165 RENOVATIONS
EA
1
7,410.00
7,410.00
50
SMALL ROOM #166 RENOVATIONS
EA
1
7,410.00
7,410.00
51
SMALL ROOM #167 RENOVATIONS
EA
1
7,410.00
7,410.00
52
SMALL ROOM #168 RENOVATIONS
EA
1
7,410.00
7,410.00
PRICE DECREASE
1000
FORCE ACCOUNT
LS
1
5,070.71
5,070.71
HISTORIC DODGERTOWN ROOM RENOVATIONS SUBTOTAL
37,050.00
5,070.71
TOTAL
31,979.29
FAPvWc Woda1ENGINEERING MIsION PROJEC7511341 "tock Dodgarto MA' VB Spoft Wage) Room R—aS0M)AdrlMa9enda ke=s Change Order No. 2 12-10.2013 00310-1
28
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Joseph A. Baird,
County Administrator
FROM: Christopher R. Mora, P.E., Crv---,
Public Works Director
SUBJECT: 26th Street Right -of -Way Property
Address: 5020 26th Street
DATE: November 26, 2013
DESCRIPTION AND CONDITIONS
CONSENT AGENDA
In August, 2013 the County purchased a foreclosed house and property located at 5020
26 thStreet for the purchase price of $64,800 plus closing costs. After the purchase, staff
had planned to extract the right-of-way necessary for widening 26th Street and
subsequently resell the remaining house and property via a sealed bid auction.
After more closely reviewing the condition of the house and the size/location of the
property, staff determined that it would be advantageous for the County to demolish the
structure and retain the 0.7 acre property for future use as a retention area for treating
stormwater runoff from 26th Street. The future 5 -lane section of 26th Street, between 58
Avenue and 43rd Avenue, will require 2-3 acres of stormwater retention on the north side of
26th Street and potential pond sites may be limited.
ALTERNATIVES AND ANALYSIS
The alternatives presented are:
Alternative No. 1
Demolish the structure and retain the 0.7 acres of remaining property for future 26th Street
stormwater treatment.
Alternative No. 2
Sell the house and property (minus the needed right-of-way) via sealed bid auction.
FUNDING
Funding in the amount of $100,000 has been budgeted for FY 13/14 from Traffic Impact
Fees/District 11/26th Street/43rd to 66th Avenue, Account # 10215241-066510-06011, and is
�- available for use to cover the costs for an asbestos inspection and for demolition of the
structure.
FAPublic Works\Luanne M\Agenda Items\26 St ROW Property 5020 26th St BCC 12-10-13.doc
29
26th Street R.O.W. Property
Address: 5020 26th Street
CONSENT AGENDA Item
BCC meeting 12-10-2013
Page Two
RECOMMENDATION
Staff recommends Alternative No. 1 — Demolish the structure and retain the 0.7 acres of
remaining property for future 26th Street stormwater treatment.
DISTRIBUTION
Jason Brown, Director, Management & Budget
APPROVED AGENDA ITEM
FOR
Indian River County
Approved
Date
Administration
/,;)#//,3
Budget
County Attorneyq7-/
Risk M nYPublic
WorksCV~Engineering
G
%
I
FAPublic Works\Luanne MWgenda Items\26 St ROW Property 5020 26th St BCC 12-10-13.doc
30
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird; County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, AIC• lanning Director
THROUGH: Phil Matson, AICP; MPO Staff Director qi,/L^
FROM: Brian Freeman, AICP; Senior Transportation Planner [-�Ji
DATE: November 27, 2013
SUBJECT: Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the
Florida Department of Transportation (Public Transportation Block Grant)
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of December 10, 2013.
DESCRIPTION & CONDITIONS
For the past several years, Indian River County has applied for and received mass transit operating
assistance through the Florida Department of Transportation (FDOT) Public Transportation Block
Grant program. Each year, the County combines Block Grant funds with local funds as a match
towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also
known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the
Nonurbanized Area Formula Grant program). These state and federal grant funds are passed through
to the Senior Resource Association (SRA), Indian River County's designated transit service provider.
SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit
services.
For FY 2013/14, $369,707 has been allocated through the state Block Grant program to the county.
Because the Block Grant has a 50% match requirement, the county is required to provide a local
match of $369,707. As was the case in previous years, matching funds will come from the County's
normal transit allocation. Together, the Block Grant funds and local funds will be applied as a
local/state match towards $739,414 in federal operating assistance through the Section 5307 program
($670,075) and the Section 5311 program ($69,339). As a result, the county will receive $1,109,121
in combined federal and state transit operating assistance.
FACommunity Development\Users\MPO\Transit\Grants\Block\2010-2014\2014 staff report.doc
31
In terms of transit, the County receives most of its funding through the federal Section 5307 grant
program. To obtain those federal Section 5307 funds, the County must complete an application and
follow a process that includes several steps. For FY 2013/14, the first step is to apply for state Block
Grant funds. Subsequent steps include applying for federal capital and operating assistance and
applying for Florida toll revenue credits for use as a soft match for federal capital assistance.
According to state regulations, Block Grant funds may be used for both eligible capital and operating
costs of public transit providers. Because the local match requirement for the capital portion of the
County's FY 2013/14 Section 5307 grant may be met by soft -match rather than cash -match funds
(which effectively provides for 100% federal funding of capital expenses), the entire FY 2013/14
Block Grant is proposed as a partial match for Section 5307 operating funds.
Pursuant to state regulations, Block Grant funds may not exceed 50% of the nonfederal share of total
eligible operating expenses of transit service provision. Also, activities funded with Block Grant
funds must be consistent with applicable approved local government comprehensive and transit
plans. To receive the Block Grant funds, the County must enter into a Supplemental Joint
Participation Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2).
ANALYSIS
As with the FTA Section 5307 grant program, only public agencies may be designated recipients of
Block Grant funds, although the funds may be passed through to a nonprofit provider. Under these
�.. restrictions, SRA has requested that the Board of County Commissioners apply for state Block Grant
funds on its behalf.
The attached Supplemental Joint Participation Agreement (SJPA) is an agreement between FDOT
and Indian River County specifying the requirements which the County must meet in order to receive
Block Grant funds. One of the most important of these requirements is that the County prepare and
approve an annual update to its Transit Development Plan (TDP).
The attached resolution (Attachment #1) authorizes the Chairman of the Board of County
Commissioners to execute the SJPA for Public Transportation Block Grant funds. Upon the Board's
adoption of the resolution and the Chairman's execution of the SJPA, County staff will transmit the
SJPA to FDOT. Once the SJPA has been executed by FDOT, the funds will be transmitted to the
County and passed along to the Senior Resource Association (SRA), the County's public
transportation provider, so that the SRA can continue providing fixed route and demand -response
transit service. The provision of such service is consistent with the findings of the MPO's adopted
10 -year Transit Development Plan and 2035 Long Range Transportation Plan.
FUNDING
Funding in the amount of $369,707 is budgeted and available in the General Fund / Community
Transportation Coordinator account (Account Number 00111041-088230). These funds are part of
the allocation given to the Senior Resource Association to provide transit service in the county.
FACommunity Development\Users\MPO\Transit\Grants\Block\2010-2014\2014 staff report.doc 2
32
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached Public
Transportation Supplemental Joint Participation Agreement and adopt the attached resolution
authorizing the Chairman to sign the agreement.
ATTACHMENTS
1. Authorizing Resolution for the Execution of a Public Supplemental Transportation Joint
Participation Agreement
2. FDOT Public Transportation Supplemental Joint Participation Agreement
3. Grant Budget Form
APPROVED AGENDA ITEM:
1 'INU4+_
BY:
Indian River Co,
Approved
Date
Admin.
414L-5
Legal
z--3-13
Budget
Dept.
jat
/2�1lZat 3
Risk Mer.
F:\Community Development\Users\MPO\Transit\Grants\3lock\2010-2014\2014 staff report.doc
3
33
RESOLUTION NO. 2013 -
1*M1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as
a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and
WHEREAS, Indian River County intends to submit an FY 2013/14 application for funding
assistance under 49 USC Section 5307, with the required funding match to come from local funds
and an FY 2013/14 Florida Public Transportation Block Grant; and
WHEREAS, Indian River County is eligible to receive grant funding under Section
341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and
WHEREAS, the Florida Department of Transportation provides Public Transportation Block
Grant funds to Indian River County to assist in the continuance and expansion of local public
transportation services.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a public transportation Joint Participation Agreement with the Florida Department
of Transportation to obtain FY 2013/14 Florida Public Transportation Block Grant funding to
be used as a partial match for operating assistance as part of the County's FY 2013/14
Section 5307 grant application.
2. That the Indian River County Community Development Director or his designee is
authorized to furnish such additional information as the Florida Department of
Transportation may require in connection with the County's FY 2013/14 Public
Transportation Block Grant.
THIS RESOLUTION was moved for adoption by , and the
motion was seconded by and, upon being put to a vote, the vote was
as follows:
Chairman Peter D. O'Bryan
Vice -Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Bob Solari
Commissioner Tim Zorc
FACommunity Development\Users\MPO\Transit\Grants\Block\2010-2014\2014 bcc resolution.doc Page I of 2
Attachment 1
34
RESOLUTION NO. 2013 -
The Chairperson thereupon declared the resolution duly passed and adopted this 10th
day of December , 2013.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
Deputy Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the
Board of County Commissioners, and , as Deputy Clerk, to me known to be
the persons described in and who executed the foregoing instrument and they acknowledged before
me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this _10th day
of December , 2013.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY
SEAL:
BY: "J�
Dylan Reingold,
4y: County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
BY: �"
Stan Boling, ifP, Planning Director
Community Development Department
FACommunity Development\Users\MPO\"I'ransit\Grants\Block\2010-2014\2014 bcc resolution.doc Page 2 of 2
35
Financial Project No.:
407190-1-84-02
( item -seg m ent-phase-sequence )
Contract No.: APT70
CFDA Number:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 4
Fund:
DDR,DPTO
Function:
215
Federal No.:
N/A
DUNS No.:
80-939-7102
CSFA Number: 55.010
FLAIR Approp.: 088774
FLAIR Obi.: 750010
Org. Code: 55042010429
Vendor No.: VF596000674007
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Indian River Board of County Commissioners
1840 25th Street Vero Beach, FL 32960
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 13 th day of January . 2010
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $ 1,651,938.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
Transit Block Grant Operating. To provide operating funds for public transportation services.
725-030-07
PUBLIC TRANSPORTATION
6/11
Page 1 0! 3
Attachment 2 36
726-030-07
PUBLIC TRANSPORTATION
6/11
Page 2 of 3
2.00 Project Cost:
Paragraph 3.00 of said Agreement is • increased 0 decreased by $ 739.414.00
bringing the revised total cost of the project to $ 3,303,876.00
Paragraph 4.00 of said Agreement is • increased 0 decreased by $ 369,707.00
bringing the Department's revised total cost of the project to $ 1.651,938.00
3.00 Amended Exhibits:
Exhibit(s) A of said Agreement is amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of said Agreement 12/31/2014 .
5.00 E -Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
37
Financial Project No. 407190-1-84-02
Contract No. APT70
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated 1/13/2010
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
F-MV12 '1
Indian River Board of County Commissioners
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
APPROVED AS TO FORM
AND LEGAL UFF
BY y� -
WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
Gerry O'Reilly
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
725-0347
PUBLIC TRANSPORTATION
wi l
Page 3 of 3
38
Financial Project No. 407190-1-84-02
Contract No. APT70
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and Indian River County Board of County Commissioners
1840 25th Street, Vero Beach FL 32960-3365
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
To provide operating funds for public transportation services in Indian River County.
I.
Project Cost
Fund
Department:
Agency:
Federal:
Total Project Cost
Comments:
As Approved As Amended
$2,564,462.00 $3,303,876.00
As Approved
DDR/DPTO
$1,282,231.00
$1,282,231.00
As Amended
DDR / DPTO
$1,651,938.00
$1,651,938.00
Net Change
$ 739,414.00
Net
DDR/DPTO
$369,707.00
$ 369,707.00
$2,564,462.00 $3,303,876.00 $739,414.00
Page 1 of 4
39
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
The above budget is based upon Contract APT70 for Indian River County Block grant funds. A new contract is
submitted to the block grant funding every 5 years. 2014 will be the last year of funding under APT70.
Deliverables shall include:
1. Submit a copy of the National Transit Data Base (Section 5335) report submitted to FTA each year by:
a. August 29 for agencies with fiscal years ending in the months of January through June.
b. January 30 for fiscal years ending July through September.
c. April 30 for fiscal years ending October through December.
2. Submit for approval the performance measures indentified in Table A-1 Required Performance Measures for
Newspaper Publication of FDOT Procedure 725-030-030 by September 15 of each year, as indentified below:
a. Passenger Trips
b. Revenue Miles
c. Total Operating Expense
d. Operating Revenue
e. Vehicles Operated in Maximum Service
f. Base Fare
g. Revenue Miles Between Vehicle System Failures
h. Days/Hours Service is Available
i. Operating Expense per Passenger Trip
3. Submit the publisher's affidavit from a newspaper covering the transit service area that the performance measures
indentified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure
725-030-030 were published by November 1 of each year.
4. Submit a copy of the Transit Development Plan (TDP) annual progress report or plan update by September 1 of
each year.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Agency must submit quarterly progress reports via TransCIP, the web -based state grant management software,
by logging onto www.transcip.com, and clicking on the "quarterly update" tab.
Please submit an invoice on the project every three (3) months, please include three (3) hard copies of the back-up
and (three) 3 original Invoice Summary Sheets. Please refer to your JPA, Sections 6.0 and 7.0, for correct payment
provisions through the Department of Transportation. Supporting documentation for each amount for which
reimbursement is being claimed must indicate that the item has been paid. All invoices must be accompanied by
appropriate back-up, and check and/or check numbers that paid the invoice. Please contact your Florida Department
of Transportation Project Manager for any additional questions before invoicing.
SPECIAL CONSIDERATIONS BY AGENCY
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that
will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where
applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local
funding action and the funding action from any other source with respect to the project.
The Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding
for public transit. The block grant funds may be used for eligible operating costs of public transit providers including
the total costs of administration, management, and operations directly incident to, the provision of public bus transit
services, but excluding the depreciation or amortization of capital assets. Up to 50% of eligible operating costs can
be paid with program funds, or an amount equal to the total revenue, excluding farebox, charter, advertising revenue
and federal funds, received by the provider for operating costs, whichever amount is less.
The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Specifically,
w.. if the Agency is acting on behalf of a public agency the Agency shall:
(1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in
order to perform the services being performed by the Agency.
(2) Provide the public with access to public records on the same terms and conditions that the Department
Page 2 of 4
40
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida
14ow Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public
records in possession of the Agency upon termination of the contract and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the Department in a format that is compatible with the
information technology systems of the Department.
Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this
Agreement by the Department. The Agency shall promptly provide the Department with a copy of any request to
inspect or copy public records in possession of the Agency and shall promptly provide the Department a copy of the
Agency's response to each such request.
The Department is providing these funds as a Grant -In -Aid for the public transit program. The Department does not
receive goods or services directly for this funding. The Department is authorized under Florida Statutes to enter into
this agreement as specified elsewhere in this agreement.
Page 3 of 4
41
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING
If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds
are programmed in the Department's Work program in the following fiscal year(s):
FY Amount
N/A $ N/A
Page 4 of 4
42
GRANT NAME: Florida Public Transit Block Grant GRANT #: 407190-1-84-02 (APT70)
AMOUNT OF GRANT: $369,707
DEPARTMENT RECEIVING GRANT: Communi Development (pass through to Senior Resource Association)
CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990
1. How long is the grant for? One Year Starting Date: January 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? X Yes No
If yes, does the grant allow the match to be In Kind Services? Yes No
4. Percentage of grant to match: 50 %
5. Grant match amount required: $ 369,707
6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency?
$369,707 County match already budgeted ed in general fund
7. Does the grant cover capital costs or start-up costs? Yes X No
If no, how much do you think will be needed in capital costs or start-up costs?
(Attach a detailed 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
Life and Health Insurance
012.14
Worker's Compensation
012.17
Soc. Sec. Medicare Matching
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating?
Salaries and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the County over five years? $369.707
Signature of Preparer: Date: r 2 2 Attachment 3
43
Grant Amount
Other Matching Costs
Match
Total
$369,707
$
$369,707 (County Match)
$739,414
First Year
Second Year
Third Year
E=
Fourth Year
Fifth Year
Signature of Preparer: Date: r 2 2 Attachment 3
43
INDIAN RIVER COUNTY, FLORIDA
07 P
MEMORANDUM
TO: Joseph A. Baird; County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, P; Planning Director
THROUGH: Phil Matson, AICP; MPO Staff Director
FROM: Brian Freeman, AICP; Senior Transportation Planner P i%
DATE: November 27, 2013
SUBJECT: Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the
Florida Department of Transportation (Nonurbanized Area Formula Grant)
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of December 10, 2013.
DESCRIPTION & CONDITIONS
For the past several years, the County has applied for and received transit operating assistance under
49 USC Ch. 53, Section 5311 (also known as the Nonurbanized Area Formula Grant program)
through the Florida Department of Transportation (FDOT). These grant funds have been passed
through to the Senior Resource Association (SRA), Indian River County's designated transit service
provider.
According to federal regulations, Nonurbanized Area Formula Grant funds may be used to provide
transit service to rural or small urban areas. Such transit service includes fixed route service
(GoLine) and demand -response service (Community Coach).
For FY 2013/14, $69,339 in Section 5311 funds is allocated to the county. In this case, the grant has
a 50% nonfederal match requirement for operating assistance. Matching funds will consist of
$34,669.50 from the state Public Transportation Block Grant and $34,669.50 from the County's
normal transit allocation. No additional local funds are necessary.
While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program
within the state of Florida. In order to receive these funds, the BCC must enter into a Supplemental
FACommunity Development\Users\MPO\Transit\Grants\5311\1314\sjpa staff report. doe
44
Joint Participation Agreement (SJPA) with FDOT, a copy of which is attached to this staff report
(Attachment 2).
ANALYSIS
The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant
program. Because a portion of Indian River County is designated as rural, the County is also eligible
to receive transit funding through the Section 5311 (Nonurbanized Area) grant program.
The attached resolution (Attachment 1) authorizes the Chairman of the Board of County
Commissioners to execute the SJPA for Nonurbanized Area Formula Grant funds. Upon the Board's
adoption of the resolution and the Chairman's execution of the SJPA, County staff will transmit the
SJPA to FDOT. Once the SJPA has been executed by FDOT, the funds will be transmitted to the
County and passed along to the Senior Resource Association (SRA), the County's public
transportation provider, so that the SRA can continue providing fixed route and demand -response
transit service to nonurbanized areas of the county. The provision of such service is consistent with
the findings of the MPO's adopted 10 -year Transit Development Plan and 2035 Long Range
Transportation Plan.
FUNDING
Funding in the amount of $34,669.50 is budgeted and available in the General Fund / Community
Transportation Coordinator account. Funding for this expenditure is part of the allocation given to
the Senior Resource Association to provide transit service in the county.
Account Number 00111041-088230
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached Public
Transportation Supplemental Joint Participation Agreement and adopt the attached resolution
authorizing the Chairman to sign the agreement.
ATTACHMENTS
1. Authorizing Resolution for the Execution of a Public Supplemental Transportation Joint
Participation Agreement
2. FDOT Public Transportation Supplemental Joint Participation Agreement
3. Grant Budget Form
APPROVED AGENDA ITEM:
FOR: (o 9,(-)L3
M.
FACommunity Development\Users\MPO\Transit\Grants\5311\1314\sjpa staff report, doc
Indian River Co,
Approved
Date
Admin.
Legal
Budget
tf j3
Dept.
J
lz/zl7u3
Risk Mer.
2
M1
RESOLUTION NO. 2013 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
WHEREAS, Indian River County has the authority to apply for and accept grants and make
purchases and/or expend funds pursuant to grant awards made by the Florida Department of
Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit
Administration Act of 1964, as amended; and
WHEREAS, Indian River County is eligible to receive grant funding under Section
341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and
WHEREAS, the Florida Department of Transportation provides Nonurbanized Area
Formula Grant funds to Indian River County to assist in the continuance and expansion of local
public transportation services.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a public transportation Supplemental Joint Participation Agreement with the
Florida Department of Transportation to obtain $69,339 in FY 2013/14 Nonurbanized Area
Formula Grant (Section 5311) funds, for operating assistance as part of the County's ongoing
public transportation service.
2. That the Indian River County Community Development Director is authorized to furnish
such additional information as the Florida Department of Transportation may require in
connection with the County's Nonurbanized Area Formula Grant.
THIS RESOLUTION was moved for adoption by , and the
motion was seconded by , and, upon being put to a vote, the vote was
as follows:
Chairman Peter D. O'Bryan
Vice -Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Bob Solari
Commissioner Tim Zorc
The Chairperson thereupon declared the resolution duly passed and adopted this 10th
day of December 12013,
F:ACommunity Development\Users\MPO\Transit\Grants\5311\1314\sjpa resolution. doc Page I Of 2
Attachment 1
46
RESOLUTION NO. 2013 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
M
Peter D. O'Bryan, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the
Board of County Commissioners, and , as Deputy Clerk, to me known to be
the persons described in and who executed the foregoing instrument and they acknowledged before
me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this I Oth day
of December , 2013.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY
SEAL:
BYA11141—A f
Dylan R6ingbld,
County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
BY:
Stan Bolin , ICP, Planning Director
Community Development Department
F:ACommunity Development\Users\MPO\Transit\Grants\5311\1314\sjpa resolution.doc Page 2 of 2
47
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 04
725030-07
PUBLIC TRANSPORTATION
Bn1
Page t of 3
Financial Project No.:
Fund: DU
FLAIR Approp.: 088774
407182-1-84-08
Function:
215
FLAIR Obj.: 790004
(item -segment -phase -sequence)
Federal No.:
FL -18-X033
Org. Code: 55042010429
Contract No.: APT03
DUNS No.:
80-939-7102
Vendor No.: VF596000674007
CFDA Number: 20.509
CSFA Number:
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Indian River County
1801 27th Street Vero Beach Florida 32960
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 21 st day of December . 2009
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
Iftow WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $ 311.703.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
To provide funding assistance to Indian River County for a non -urbanized area Public Transportation project
consisting of operating assistance for a public transportation system as authorized under Section 5311 of the
Federal Transit Administration's (FTA) Program, 49 U.S.0 5311
Attachment 2
48
725-030-07
PUBLIC TRANSPORTATION
6/11
Page 2 of 3
2.00 Project Cost:
Paragraph 3.00 of said Agreement is • increased O decreased by $ 138.678.00
bringing the revised total cost of the project to $ 623,406.00
Paragraph 4.00 of said Agreement is • increased O decreased by $ 69,339.00
bringing the Department's revised total cost of the project to $ 311,703.00
3.00 Amended Exhibits:
Exhibit(s) A of said Agreement is amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of said Agreement 12/31/2014 .
5.00 E -Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
IM
725-030-07
PUBLIC TRANSPORTATION
6/11
Page 3 of 3
Financial Project No. 407182-1-84-08
Contract No. APT03
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated 12/21/2009
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
Indian River County
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
APPROVED AS TO KSR!
AND GALISUM
8 Y . ��� . -1-----.---V
WILLIAM K. DEBRAAL
DEPUTY CouN T Y ATTCKNEY
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
50
Financial Project No. 407182-1-84-08
Contract No. APT03
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and Indian River County
1801 27th Street Vero Beach, Florida 32960
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
To provide funding assistance to Indian River County for a non -urbanized area Public Transportation project consisting of
operating assistance for a public transportation system as authorized under Section 5311 of the Federal Transit
Administration's (FTA) Section 18 Program, 49 U.S.0 5311
Comments:
Page 1 of 3
51
As Approved
As Amended
Net Change
l Project Cost
$484,728.00
$623,406.00
$138,678.00
As Approved
As Amended
Net
II.
Fund
DU/LF
DU/LF
DU/LF
Department:
$
$
$
Agency:
$242,364.00
$311,703.00
$69,339.00
Federal:
$242,364.00
$311,703.00
$69,339.00
Total Project Cost
$484,728.00
$623,406.00
$138,678.00
Comments:
Page 1 of 3
51
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Deliverables:
1.) Refer to Exhibit C and Exhibit D of original JPA.
�.► 2.) Comply with Transparency Act where applicable.
3.) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps
and allocate system -wide costs accordingly, driver's logs can be maintained to segregate mileage or hours inside and
outside the urbanized area.
4.) Certification verifying adoption of a System Safety Program Plan.
5.) Quarterly reports submitted via TransCIP.
6.) Submit invoice every three (3) months at minimum.
7.) A copy of the most recent active CTC agreement, if applicable and requested by FDOT project manager.
Public Records:
The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Specifically,
if the Agency is acting on behalf of a public agency the Agency shall:
(1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in
order to perform the services being performed by the Agency.
(2) Provide the public with access to public records on the same terms and conditions that the Department
would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public
records in possession of the Agency upon termination of the contract and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the Department in a format that is compatible with the
information technology systems of the Department.
Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this
Agreement by the Department. The Agency shall promptly provide the Department with a copy of any request to
inspect or copy public records in possession of the Agency and shall promptly provide the Department a copy of the
Agency's response to each such request.
Page 2 of 3
52
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
`"""` III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING
If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds
are programmed in the Department's Work program in the following fiscal year(s):
FY Amount
N/A $ N/A
Page 3 of 3
53
GRANT NAME: 49 USC Ch 53 Section 5311 (Formula Grants for Rural Areas) GRANT #: APT03
AMOUNT OF GRANT: $69,339
DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association)
CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990
1. How long is the grant for? Twelve Months Starting Date: January 1, 2014
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? X Yes No
If yes, does the grant allow the match to be In Kind Services? Yes No
4. Percentage of grant to match: 50 %
5. Grant match amount required: $ 34,669.50
6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency?
Match consists of $34,669.50 in County funds already budgeted for public transportation and $34,669.50 in FDOT grant funds
7. Does the grant cover capital costs or start-up costs? Yes X No
If no, how much do you think will be needed in capital costs or start-up costs?
(Attach a detailed 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
Life and Health Insurance
012.14
Worker's Compensation
012.17
Soc. Sec. Medicare Matching
$
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating?
Salaries and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the County over five years? $34,669.50
Signature of Preparers / — �/`L�Date: j Z 2 Attachment 3
54
Grant Amount
Other Matching Costs
Match
Total
First Year
$69,339
$
$34,669.50 in local funds &
$34,669.50 in FDOT grants
$138,678
Second Year
$
$
$
$
Third Year
$
$
$
$
Fourth Year
$
$
$
$
Fifth Year
$ i--
$
$
$
Signature of Preparers / — �/`L�Date: j Z 2 Attachment 3
54
CONSENT AGENDA
INDIAN RIVER COUNTY"`
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: December 2, 2013
SUBJECT: FLORIDA DEPARTMENT OF LAW ENFORCEMENT
FY 2013/2014 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGPAM
FROM: Jason E. Brown
Director, Management & Budget
DESCRIPTIONS AND CONDITIONS
On July 16, 2013, the Board of County Commissioners approved the Application for Funding
Assistance from the Florida Department of Law Enforcement for the Substance Awareness
Council Drug Testing Program for fiscal year 2013/2014.
Indian River County has received notification of the grant award for the Substance Awareness
Council Indian River County Drug Testing Program. The Certificate of Acceptance, which
constitutes official acceptance of the award, must be approved and received by the Department
within thirty (30) calendar days from the date of the award and prior to the reimbursement of any
project expenditures.
Also included for approval by the Board is a state -required agreement between the Board of
County Commissioners and the Substance Awareness Council of Indian River County for the
Substance Awareness Council Drug Testing Program grant.
For the current fiscal year (2013/2014), Indian River County was allocated $72,427 in federal
grant funds, with no match requirement. The amount of $10,575 has been approved for the
Substance Awareness Drug Testing Program and the balance of the award has been approved for
the Multi -Agency Criminal Enforcement Unit (M.A.C.E.) in the amount of $61,852. The
Certificate of Acceptance for the MACE award will be presented to the Board of Commissioners
for their approval at a future date after receipt from the Florida Department of Law Enforcement.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the Certificate of
Acceptance of Subgrant Award for the Indian River County Substance Awareness Drug Testing
Program Grant in the amount of $10,575; and also the agreement between the Board of County
Commissioners and the Substance Awareness Council of Indian River County.
55
Board of Commissioners
December 2, 2013
Page 2 of 2
ATTACHMENTS
Letter from Florida Dept. of Law Enforcement
Certificate of Acceptance of Subgrant Award
Subgrant Award Certificate Notification
Agreement with Substance Awareness Council
Grant Form
APPROVED AGENDA ITEM:
BY:
h Baird
YoQsuepnty
o. Administrator
FOR: December 10, 2013
Indian River County
AppLoved Date
Administrator
Legal
Budget
Department
Risk Mana ement
56
Florida Department of
Law Enforcement
Gerald M. Bailey
Commissioner
NOV 2 22013
Business Support
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, FL 32302-1489
(850) 617-1250
www.fdle.state.fl.us
The Honorable Joseph Flescher
Chairman
Indian River County Board of Commissioners
1801 27th Street
Vero Beach, FL 32960-3388
Re: Contract No. 2014-JAGC-INRI-1-E5-230
Dear Chairman Flescher:
Rick Scott, Governor
Pam Bondi, Attorney General
Jeff Atwater, Chief Financial Officer
Adam Putnam, Commissioner of Agriculture
The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance
Grant to your unit of government in the amount of $ 10,575.00 for the project entitled, INDIAN RIVER COUNTY
DRUG TESTING PROGRAM. These funds shall be utilized for the purpose of reducing crime and improving public
safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All
correspondence with the Department should always refer to the project number and title.
As you may be aware, information from subgrants and performance reports are currently provided to the Department
of Justice under the Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency
Act (FFATA) to meet current federal transparency requirements. However, the State of Florida recently passed
legislation requiring all contracts, including grants for state or federal financial assistance, be provided to the
Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant
contract and all subsequent correlating information including performance reports, expenditure reports, grant
amendments, etc. are provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of
Florida for transparency in government spending. If this grant agreement contains confidential or exempt information
not subject to disclosure under the public records law, Chapter 119, F.S., (such as the names of personnel and
disclosure of equipment for certain undercover operations, etc. that may result in officer names or other sensitive
information on grant documents and expenditure reports) please contact the Office of Criminal Justice Grants for
information on requesting exemption from public records disclosure.
Please complete and return the enclosed Certification of Acceptance to the Office of Criminal Justice Grants within 30
calendar days from the date of award. This certificate constitutes official acceptance of the award and must be
received by the Department prior to the reimbursement of any project expenditures. We look forward to working with
you on this project. Please contact Planning Manager Annamarie Whatley at (850) 617-1250 if you have any
questions or we can be of further assistance.
Sincerely,
Petrina Tuttle Herring
Administrator
PTH/al
Enclosures
Service - Integrity • Respect - Quality
O
20 3
WA
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award
number 2014-JAGC-INRI-1-E5-230, in the amount of $ 10,575.00, for a project entitled, INDIAN RIVER COUNTY
DRUG TESTING PROGRAM, for the period of 10/01/2013 through 09/30/2014, to be implemented in accordance with
the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions
and any special conditions governing this subgrant.
(Signature of Subgrantee's Authorized Official)
Peter D. O'Bryan, Chairman
(Typed Name and Title of Official)
Indian River County Board of Commissioners
(Name of Subgrantee)
December 10, 2013
(Date of Acceptance)
Rule Reference 11 D-9.006 OCJG-012 (rev. June 2012)
58
SUBGRANT AWARD CERTIFICATE
Subgrantee: Indian River County Board of Commissioners
Date of Award: f 1 l'u/043
Grant Period: From: 10/01/2013 TO: 09/30/2014
Project Title: INDIAN RIVER COUNTY DRUG TESTING PROGRAM
Grant Number: 2014-JAGC-INRI-1-E5-230
Federal Funds: $ 10,575.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 10,575.00
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the
Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice
Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law
Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law
Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special
conditions.
Naw This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and
Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and
Local Governments and A-87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is also
subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal
Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690.
This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date
of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department.
r
Authorized Official
Petrina Tuttle Herring
Administrator
Date
( ) This award is subject to special conditions (attached).
59
Substance Abuse Drug Testing Program
2014-JAGC-INRI- I -E5-23 0
AGREEMENT
THIS AGREEMENT made this 10th day of December , 2013, between the BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, 180127 th STREET,
Vero Beach, Florida 32960 (the "County") and The SUBSTANCE AWARENESS COUNCIL OF
INDIAN RIVER COUNTY, 1507 20TH Street, Vero Beach, FL 32960 (the "Contractor").
I. SCOPE OF SERVICES
A. The Contractor will provide a comprehensive range of coordination and
administration of Byrne State and Local Law Enforcement Formula Grant activities for Indian River
County pursuant to the Anti -Drug Abuse Act of 1988 and the application submitted by the County to
the State of Florida, Department of Law Enforcement, Office of Criminal Justice Grants, ("grant
agreement").
B. The Contractor will provide the following range of services:
1. Substance Abuse Policy Board meetings
2. Substance abuse prevention issue and research papers
3. Monitoring and coordination of programmatic and fiscal reviews of funded
programs
C. The Contractor shall perform and maintain records consistent with the grant
agreement. Said records shall be made available to the County upon request.
II. TIME OF PERFORMANCE
The Contractor agrees to begin to provide the services described above to the offenders
between October 1, 2013 through September 30, 2014, and to perform such services in a professional
and timely manner. Such services shall be provided five days a week (Monday through Friday).
60
III. COMPENSATION
The Contractor shall provide all required services as described above at a cost not to exceed
$10,575 to be paid as set forth herein. This charge includes all budgeted items for actual
documented cost incurred in connection with the Substance Abuse Council Drug Testing Program.
The payment shall be on a monthly reimbursement basis for counseling fees in accordance with
schedule attached hereto as Exhibit "A" beginning October 1, 2013 and ending on September 30,
2014. The Contractor shall provide the County with monthly financial claim reports on State
required forms without deviations. The monthly reports shall be due on or before the 10t' of each
month beginning November 10, 2013. The final report shall be due on or before October 10, 2014.
IV. TERM OF AGREEMENT
The term of this Agreement shall begin October 1, 2013, and shall run through and including
September 30, 2014.
V. INDEMNIFICATION AGAINST CLAIMS
The Contractor is, and shall be an independent contractor and operator, responsible to all
parties for all of her acts or omissions and the County shall in no way be responsible for such acts or
omissions. The Contractor shall indemnify and hold harmless the County, and its officers, agents,
and employees, from and against any and all liability, claims, demands, damages, fees, fines,
penalties, suits, proceedings, actions, judgements and causes of action, including costs and attorney
fees of any kind and nature arising out of or in any way connected with the Contractors performance,
administration or supervision of the above described services, or the use or occupation of any facility
hereunder by the Contractor or her agents, employees, clients, or invitees, or resulting from injury to
person or property, or loss of life or property, of any kind or nature whatsoever, or from professional
malpractice, during the term of this agreement.
0a
61
VI. INSURANCE
The Contractor shall, at least ten (10) days prior to the commencement of any work, provide
to the County a certificate of commercial general liability insurance with a reputable insurance
company, subject to approval by the County's Risk Manager, in an amount not less than $1,000,000
combined single limit for bodily injury and property damage, in accordance with the County's
Administrative Policy Manual. The Contractor shall, at least ten (10) days prior to the,
commencement of any work, provide to the County a certificate of business auto liability insurance
with a reputable insurance company subject to approval by the County's Risk Manager in an amount
not less than $500,000 per occurrence combined single limit for bodily injury and property damage
in accordance with the County's Administrative Policy Manual. The general liability and auto
liability insurance policies shall name Indian River County, a political subdivision of the State of
Florida, as an additional insured. In addition, if required by law, the Contractor shall, at least ten
(10) days prior to the commencement of any work, or at such subsequent time that it becomes
required by law, provide to the County a certificate of worker's compensation insurance with a limit
of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee)
in accordance with the County's Administrative Policy Manual. The Contractor shall provide to the
County at least thirty (3 0) days' written notice by registered mail, return receipt requested, addressed
to the County's Risk Manager, prior to cancellation or modification of any required insurance.
VII. REPORTS
The Contractor shall provide the County with monthly financial claim reports on State
required forms without deviations. The monthly report shall be due on or before the 10th of each
month beginning on November 10, 2013. The final report shall be due on or before October 10,
2014.
3
62
VIII. NOTICES
All notices, requests, consents, and other communications required or permitted under this
Agreement shall be in writing and shall be (as elected by the person giving such notice) hand
delivered by messengers or courier service, telecommunicated, or mailed by registered or certified
mail (postage prepaid) return receipt requested, addressed to:
As to County:
Jason Brown, Budget Director
Indian River County
180127' STREET
Vero Beach, F132960
(772) 226-1214
As to Contractor:
Substance Awareness Council of IRC
1507 20th Street
Vero Beach, FL 32960
(772) 770-4811
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered (a) on the date delivered, if by personal
delivery, (b) on the date upon which the return receipt is signed, or delivery is refused, or the notice
is designated by the postal authorities as not deliverable, as the case may be, if mailed.
IX. TERMINATION
Either party shall have the right to terminate this agreement for any reason upon written
notice provided to the respective party thirty (30) days prior to termination. The County shall have
the right to terminate this Agreement for failure to comply with terms and conditions set forth herein
upon ten (10) days prior written notice to the Contractor. In the event of termination, the County
shall pay the Contractor for all services rendered prior to the date of termination.
M
G1c2
X. NON DISCRIMINATION
Contractor covenants and agrees that Contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of the Contract with respect to
hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly
related to employment because of age, sex or physical handicaps (except where based on a bonafide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestry.
XI. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, state, and local laws and regulations
in the provision of services hereunder.
XII. ASSIGNMENT
The Contractor shall not assign this agreement without the prior written approval of the
County.
XIII. CONFLICT OF INTEREST
Contractor hereby represents and warrants that neither it nor any of its directors, officers,
members, partners, or employees has any interest nor shall they acquire any interest, directly or
indirectly, which would or may conflict in any manner or degree with the performance or rendering
of the services herein provided. Contractor further represents and warrants that in the performance
of this agreement no person having such interest or possible interest shall be employed by it. No
elected official or other officer or employee of the County of Indian River nor any person whose
salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to
this agreement which affects his/her personal financial interest or the financial interest of any
corporations, partnership or association in which he/she is, directly or indirectly, interested, nor shall
any such person have any financial interest, direct or indirect, in this agreement or in the process
thereof.
E
64
,law XIV. ENTIRE AGREEMENT
This Agreement contains the Entire Agreement of the parties and shall not be extended or
modified except in writing and agreed to by both parties.
XV. VENUE
In the event it is necessary for either party to initiate legal action regarding this Contract,
Venue shall be in the Nineteenth Judicial Circuit for Indian River County, Florida, or the State
District Court for the Southern District of Florida.
IN WITNESS WHEREOF, the County and the Contractor has subscribed this agreement as
follows:
ATTEST:
Witness
APPROVED:
i�-Z-J
ounty Administrator
6
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
BCC Approved:
County Attorney
SUBSTANCE AWARENESS COUNCIL OF
INDIA _7ER COUNTY
BY: - -
obin Da p, Executive DOcti, r
65
Exhibit "A"
Schedule of reimbursement expenses is attached hereto as Exhibit A.
Contractual Services
$10,575
Total services $10,575
66
GRANT NAME: Substance Awareness Council IRC Drug Testing Program GRANT # 2014-JAGC-INRI- I -E5-230
AMOUNT OF GRANT: $10,575
DEPARTMENT RECEIVING GRANT: Indian River County Board of County Commissioners
,*MP CONTACT PERSON: Jason E. Brown TELEPHONE: 772-226-1214
1. How long is the grant for? One Year 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 X No
4. Percentage of match to grant N/A
5. Grant match amount required N/A
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? Yes X No
If no, how much do you think will be needed in capital costs or start-up costs: N/A
(Attach a detail listing of costs)
8. Are you adding any additional positions utilizing the grant funds? 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
1 Retirement — Contributions
012.13
Insurance — Life & Health
012.14
Worker's Compensation
012.17
S/Sec. Medicare Matching
Fourth Year
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
First Year
$10,575
$ $
$10,575
Second Year
$
$ $
$
Third Year
$
$
$
Fourth Year
$
$
$
Fifth Year
$
$
$
10. What is the estimated cost of the grant to the county over five years?
Signature of Preparer:
Date: December 2. 2013
67
Grant Amount
Other Match Costs Not CoveredMatch
Total
First Year
$10,575
$ $
$10,575
Second Year
$
$ $
$
Third Year
$
$
$
Fourth Year
$
$
$
Fifth Year
$
$
$
Signature of Preparer:
Date: December 2. 2013
67
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: November 26, 2013
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administrator
Jason Brown, Director, Office of Management and Budget
FROM: Jennifer Hyde, Purchasing Manageq—*`
CONSENT AGENDA
E
SUBJECT: Consultant Selection for RFQ No. 2013049 for Professional Roof Design and
Evaluation Consulting Services for Continuing Services Agreement
BACKGROUND:
On behalf of the Facilities Management Division and in accordance with FS 287.055, Requests for
Qualifications (RFQs) were solicited for professional roof design and consulting services. Work to be
performed under the agreements may include evaluations of existing roof conditions, design of
solutions for remedial work, design solutions for roof replacement, and preparation of design
documents.
`NNW RFQ RESULTS:
Advertising Date:
RFP Opening Date:
DemandStar Broadcast to:
Specifications Requested by:
Replies:
June 21, 2013
July 23, 2013 at 2:00 pm
659 Firms
35 Firms
13 Firms
Proposing Firm
Location
ACAI Associates, Inc.
Fort Lauderdale, FL
A/R/C Associates, Inc.
Orlando, FL
Building Technology Associates, Inc.
Tampa, FL
DBY Building Sciences, LLC
Orlando, FL
Gale Associates South, Inc.
Altamonte Springs, FL
GFA International, Inc.
Port St. Lucie, FL
International Roof Consulting Services, LLC
Deland, FL
Jay Ammon Architect, Inc.
Longwood, FL
MBV Engineering, Inc.
Vero Beach, FL
Nova Engineering & Environmental, Inc.
Tampa, FL
REI Engineers, Inc.
Bonita Springs, FL
Ralph L. Reeger
Gainesville, FL
Terracon Consultants, Inc.
Winter Park, FL
Bold/italics indicate firms short listed for interviews.
\\Fileserver2\Public\Purchasing\Bids\2012-2013 FY (2013000)\2013049 Continuing Roofing Services\Agenda-2013049.doc
68
CONSENT AGENDA
ANALYSIS:
A selection committee comprised of the Facilities Manager, Public Works Director and County Engineer
140W independently evaluated and scored the statements of qualifications in accordance with FS 287.055
and the County Purchasing Manual. Their scores were compiled by the committee to develop an
overall ranking of the submittals. The top five ranked firms were selected for interviews, with the
resulting top two firms identified for negotiation of continuing agreements.
FUNDING:
Although no money is directly allocated for these services, funds are available in the Facilities
Management Other Contract Services Account to cover such as needed expenditures. After approval
and execution of contracts with the selected firms, tasks will be presented to the Board prior to
commencement as individual work orders. If necessary, the use of funds from any other accounts
would be requested at that time.
Account
Title
Available
00122019-033490
Other Contractual Services
$549,975.34
RECOMMENDATION:
Staff recommends the Board approve the selection of REI Engineers, Inc. of Bonita Springs and Jay
Ammon Architect, Inc. of Longwood, and authorize the Public Works Department to enter into
continuing contract negotiations with both firms.
w APPROVED AGENDA ITEM
BY:
oseph . Baird, County Administrator
FOR:
\\Files—e r2\Public\Purchas ing\Bids\2012-2013 FY (2013000)\2013049 Continuing Roofing Services\Agenda-2013049.doc
Indian River Co Ap roved Date
Admin 1-2/11113
Legal �(c H
Budget 44W� n14112
Department
Risk Manager --
69
INDIAN RIVER COUNTY, FLORIDA CONSENT
AGENDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
THROUGH: Stan Bolin�ICP; Planning Director
FROM: John W. McCoy, AICP,,\
Senior Planner, Current evelopment
DATE: December 2, 2013
SUBJECT: VB Three Oaks, LLLP's Request for Final Plat Approval for a Plat -Over -
Site -Plan Multi -Family Development to be Known as The Villas at Three
Oaks 12004110182-71035 / SD -05-10-461
It is requested that the data herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of December 10, 2013.
DESCRIPTION AND CONDITIONS:
The Villas at Three Oaks is a 108 unit multi -family development on 18.11 acres located south of
SR60 on the west side of 74th Avenue. At a density of 5.96 units per acre, the project is
consistent with the site's RM -6 zoning (Residential Multi -family up to 6 units/acre) and M-1
land use designation (Medium Density 1 up to 8 units/acre). The project is being developed as a
plat -over -site plan project so that each multi -family unit can be sold with an individual lot.
On January 26, 2006, the Planning and Zoning Commission granted preliminary plat and site
plan approval for the entire Villas at Three Oaks development project. Approval was granted to
plat over a site plan for 108 multi -family units, in accordance with county regulations. Project
construction commenced shortly after approval. While completion of construction was delayed
for a number of years due to market conditions, the project approvals remained valid. Recently,
a new developer completed construction necessary for platting. Development of the units
(vertical construction) is proceeding according to the parameters of the approved site plan, and
CO's (certificates of occupancy) will be issued on a building by building basis.
The applicant is now requesting final plat approval and has submitted a final plat for The Villas
at Three Oaks that is in conformance with the approved preliminary plat and site plan.
ANALYSIS:
The final plat will establish an individual lot for each unit, and common area tracts for
conservation areas, landscape buffers, and infrastructure improvements such as roadways,
utilities, and stormwater management facilities. All of the required site improvements for The
14w_ Villas at Three Oaks have been completed and inspected, and a certificate of completion for
subdivision improvements was issued on December 2, 2013. As part of the certificate of
F:ACommunity Development\CurDevAFinal Plats\BCC staff reports\VillasatThreeOaksreport.doc
70
completion process, the applicant posted a maintenance bond to guarantee required road and
drainage improvements. In this case, all subdivision improvements (stormwater tracts, landscape
easements, roadways) will be private, with the exception of certain utility facilities which have
been dedicated and guaranteed to Indian River County as required by the Utility Services
Department. All requirements of final plat approval for The Villas at Three Oaks have been
satisfied.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of County Commissioners grant
final plat approval for The Villas at Three Oaks.
ATTACHMENTS:
1. Application
2. Location Map
3. Aerial
4. Final Plat Layout
Indian River County
Approved Date
Administrator
Legal
/a y
f-1
Budget
12
Risk Management
Department
/,�15 ra s uL3
FXommunity Development\CUrDevAFinal Plats\BCC staff reports\VillasatThreeOaksreport.doc
2
71
�f'D JU�tiI 2013
y
1^.
FINAL PLAT (PLTF) APPLICATION
l�.
PROJECT NAME PRINT): villas at `three Oaks (FKA oak Grove Subdivisiou,1 fic�y�
NOTE: THIS IS THE NAME THAT WILL BE USED FOR ALL REFERENCE TO THIS PROJ C
(SUCH AS "WOODY BIG TREE SUBDIVISION').
CORRESPONDING PRELIMINARY PLAT PROJECT NAME AND PLAN NUMBER:
vZDD-7j/pl�� f���J SD- 05 -10 - 46
PROPERTY OWNER: (PLEASE PRINT) AGENT (PLEASE PRINT)
vB Three Oaks, LLLP Schulke, Bittle and Stoddard, LLC
NAME NAME
12270 SW 3rd St ste 200 1717 Indian River Blvd., Suite 201
ADDRESS ADDRESS
Plantation, FL 33325 Vero Beach, FL 32960
CITY, STATE, ZIP CITY, STATE, ZIP
613-692-527 772-770-9622
PHONE NUMBER PHONE NUMBER
McKinley@kingston.net jschulke@sbsengineers.com
EMAIL ADDRESS EMAIL ADDRESS
Bob McKinley Joseph W. Shulke. P.E.
CONTACT PERSON CONTACT PERSON
(rATURE OF OWNER OR AGENT
PROJECT ENGINEER: (PLEAS )
PROJECT SURVEYOR: (PLEASE PRINT)
Same as Agent
Meridian Land Surveyors
NAME
NAME
1717 Indian River Blvd, Suite 201
ADDRESS
ADDRESS
Vero Beach, FL 32960
CITY, STATE, ZIP
CITY, STATE, ZIP
772-794-1213
PHONE NUMBER(s)
PHONE NUMBER(s)
ris5755@bellsouth.net
EMAIL ADDRESS
EMAIL ADDRESS
Charles Blanchard
CONTACT PERSON
CONTACT PERSON
I801 27`h
Street, Vero Beach FL 32960
FACommunity Development\Users\CurDevWpplications\FinalPiatApplication.doc
Reviscd January 2011 1 of 3
72
SITE PARCEL TAX ID#'S: 33380100001009000001.0 and 33380100001009000002.0
COUNTY LAND DEVELOPMENT PERMIT (LDP) #: See attached LDP waiver
DATE LDP ISSUED: LDP waiver issued 5/19/2006
ZONING. RM -6
FLUE: M-1
TOTAL (GROSS) ACRES: 1841 ac TOTAL NUMBER OF LOTS: 1 o 8
AREA OF DEVELOPMENT (NET) ACREAGE: 18.10
DENSITY (UNITS PER ACRE): 5.9
"PLEASE COMPLETE SUBMISSION CHECKLIST*
NOTE; "N/A" should be marked in the "YES" column if "Not Applicable"
MATERIAL YES NO
1. Fee - $1400.00 (checks payable to Indian River County) x
b..r
2. Completed Final Plat Application Form x
3. Ten (10) Copies of the Final Plat (Must be signed and sealed by surveyor) x
4. Letter of Authorization (if applicant is not owner)
5. Letter from developer providing timeline for achieving the
75% completion threshold for the overall subdivision improvement X (completed)
6. ONE OF THE FOLLOWING SETS OF REQUIRED IMPROVEMENT DOCUMENTS:
CONSTRUCTION COMPLETE - BUILD OUT:
(a) Certificate of Completion from Public Works or copy of letter to
Public 'Works and Utilities requiring inspection of improvements. X (pending)
IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC:
(b) Original Engineer's Certified Cost for Improvements(signed and sealed) x (N/A)
Failure to provide information on which option is being selected may result in a delay in
processing the application,
=—=OR----=
1801 27''' Street, Vero Beach FL 32960
FACommunity Development\Users\CurDevWpplications\FinalPlatApplication_doc Revised January 2011 2 of 3
ATTACHMENT I
73
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ATTACHMENT
77
Consent Agenda
Indian River County
Interoffice Memorandum
Office of Management & Budget
To: Members of the Board of ty Commissioners
From: Jason E. Brown
Director, Office of Manag ment & Budget
Date: December 2, 2013
Subject: Miscellaneous Budget Amendment 002
Description and Conditions
The attached budget amendment appropriates funding necessary for the following:
The Emergency Services District is in need of 20 replacement tablets. These tablets are used to
record information required for ALS billing. The attached entry appropriates funding for this
expenditure in the amount of $49,729 from Emergency Services District/Reserve for
Contingency.
2. On November 6, 2013 payment from the State Criminal Alien Assistance Program (SCAAP) in
the amount of $55,721 was received by the County. The program provides funding to
participating jurisdictions for the partial reimbursement of costs incurred by incarcerating
undocumented criminal aliens in their correctional facilities. At the Board meeting of November
19, 2013 the BCC approved distribution of these funds to the Sheriff. The attached entry
appropriates these funds.
3. On November 12, 2013 the Board of County Commissioners approved moving forward with an
Economic Development Positioning Initiative to provide funding in the amount of $75,000 over a
two year budget cycle. Funding for this expenditure in the amount of $37,500 will be provided by
General Fund/Reserve for Contingency.
4. On November 12, 2013 the Board of County Commissioners approved additional funding for
Historic Dodgertown room renovations in the amount of $34,000. The attached entry
appropriates these funds from Optional Sales Tax/Cash Forward -Oct 1 st
5. On October 22, 2013 the Board of County Commissioners approved the condemnation,
demolition and removal of two unsafe structures. On November 12, 2013 the Board of County
Commissioners approved an additional two structures. The attached entry appropriates funding
in the amount of $16,700 from M.S.T.U. Fund/ Reserve for Contingency.
6. The Florida Dept. of Labor has invoiced the County for unemployment compensation in various
departments for the quarter ending September 30, 2013. The attached entry appropriates
unemployment compensation from Fleet/Cash Forward -Oct 1St $275.
78
Board of County Commissioners
December 2, 2013
Page 2 of 2
7. Cases of water were purchased for the 2013 Veterans Day Ceremony held on Veterans
Memorial Island Sanctuary. Additional water purchases are planned for Memorial Day services
as well. The attached entry appropriates funding in the amount of $300 from General
Fund/Reserve for Contingency.
8. On October 1, 2013 the Board of County Commissioners approved authorizing up to $6,000 from
General Fund Reserve for Contingencies for the sole purpose of paying landfill fees associated
with the PACE Project. The attached entry appropriates these funds.
9. Final Taxable Values for the Community Development Agencies (CRA) came in higher than
anticipated. Additional funding for CRA payments in the amount of $6,929 will be provided from
General Fund/Reserve for Contingency.
10. On October 8, 2013, the Board of County Commissioners approved the Collective Bargaining
Agreement between Indian River County and Teamsters Local 769 effective 10/1/2013 through
9/30/2016. The agreement included a 3% cost of living increase effective 10/4/13. The Board
has also approved a 3% cost of living increase for Non -Union employees. The attached entry
appropriates funding from the various reserve for contingency funds for the Teamsters and Non -
Union employees.
11. On July 16, 2013, the Board of County Commissioners approved acceptance of grant funds
($68,509) from the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial JAG
Program to fund local anti-drug abuse programs in Indian River County. On July 18, 2013, FDLE
increased funding for each county in the State of Florida and an additional $3,918 in grant funds
was awarded to Indian River County. The attached entry appropriates these additional funds to
the Multi -Agency Drug Enforcement Unit (M.A.C.E.).
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached budget resolution
amending the fiscal year 2013/2014 budget.
Attachments
Budget Amendment 002 and Resolution
APPROVED AGENDA ITEM:
r
BY:
Z, &Z"q
Jos 4A
. Baird
County Administrator
For: December 10, 2013
Indian River Count
roved
Date
Administrator
Legal
Budget
Department
Risk Management
79
RESOLUTION NO. 2013-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2013-2014 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2013-2014 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2013-2014 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
2013-2014 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner ,
and, upon being put to a vote, the vote was as follows:
Chairman Peter D. O'Bryan
Vice Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Bob Solari
Commissioner Tim Zorc
The Chairman thereupon declared this Resolution duly passed and adopted
this day of )2013.
Attest: Jeffrey R. Smith
Clerk of Court and Comptroller
Deputy Clerk
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
Peter D. O'Bryan, Chairman
APPROVED AS TO FORM
ANQ. LEGAL SUFFI IENCY
BY PRJ� - kM
COUNTY ATTORNEY
CW
80
hibit "A"
Resolution No. 2013 -
Budget Office Approval: Budget Amendment: 002
Jason E. I
own, udget Director
Entry
Number
Fund/ Departccount Name
Account Number
Increase
Decrease
1.
Expense
Emergency Services District/Fire Rescue/EDP
Equipment
11412022-066470
$49,729
$0
Emergency Services District/Fire Rescue/Reserve for
Contingency
11412022-099910
$0
$49,729
2.
Revenues
General Fund/Intergovernmental/DOJ/SCARP Grant
001033-331207
$55,721
$0
Expense
General Fund/Sheriff/Detention Center
00160086-099140
$55,721
$0
3.
Expense
General Fund/Agencies/Economic
Development/Economic Development Positioning
Initiative
00111052-088010-14003
$37,500
$0
General Fund/Reserve for Contingency
00119981-099910
$0
$37,500
4.
Revenue
Dodgertown Capital Reserve Fund/Non-Revenue/Fund
Transfer In
308039-381020
$34,000
$0
Optional Sales Tax/Cash Forward Oct 1st
315039-389040
$34,000
$0
Expense
Dodgertown Capital Reserve Fund/Maintenance
Buildings/Dodgertown Complex
30816275-034610-01002
$34,000
$0
Optional Sales Tax/Reserves/Fund Transfer Out
31519981-099210
$34,000
$0
5.
Expense
MSTU Fund/Road & Bridge/Other Contractual Services
00421441-033490
$16,700
$0
MSTU Fund/Reserves/Reserve for Contingency
00419981-099910
$0
$16,700
6.
Revenue
Fleet/Cash Forward -Oct 1st
501039-389040
$275
$0
Expense
Fleet/Vehicle Maint/Unemployment Compensaion
50124291-012150
$275
$0
7.
Expense
General Fund/Veterans Services/Other Professional
Services
00120653-033190
$300
$0
General Fund/Reserve for Contingency
00119981-099910
$0
$300
8.
Expense
General Fund/Planning & Development/Other
Professional Services
00120415-033190
$6,000
$0
General Fund/Reserve for Contingency
00119981-099910
$0
$6,000
81
t "A"
Resolution No. 2013 -
Budget Office Approval: Budget Amendment: 002
Jason E. Br wn, B get Director
Entry
Number
Fund/ Departm t/A ount Name
Account Number
Increase
Decrease
S.
Expense
General Fund/Redevelopment District/Sebastian
Redevelopment
00113719-086220
$6,766
$0
General Fund/Redevelopment District/Fellsmere
Redevelopment
00113719-086221
$163
$0
General Fund/Reserve for Contingency
00119981-099910
$0
$6,929
10.
Expense
General Fund/BCC Dept/Executive Salaries
00110111-011110
$12,000
$0
General Fund/BCC Dept/Regular Salaries
00110111-011120
$3,208
$0
General Fund/BCC Dept/Part-Time Salaries
00110111-011130
$600
$0
General Fund/BCC Dept/Social Security
00110111-012110
$941
$0
General Fund/BCC Dept/Retirement Contribution
00110111-012120
$4,955
$0
General Fund/BCC Dept/Medicare Matching
00110111-012170
$208
$0
General Fund/County Attorney/Salaries
00110214-011120
$14,395
$0
General Fund/County Attorney/Social Security
00110214-012110
$892
$0
General Fund/County Attorney/Retirement Contribution
00110214-012120
$2,383
$0
General Fund/County Attorney/Medicare
00110214-012170
$208
$0
General Fund/Main Library/Salaries
00110971-011120
$23,015
$0
General Fund/Main Library/Part-Time Salaries
00110971-011130
$3,236
$0
General Fund/Main Library/Social Security
00110971-012110
$1,627
$0
General Fund/Main Library/Retirement Contribution
00110971-012120
$1,783
$0
General Fund/Main Library/Medicare
00110971-012170
$372
$0
General Fund/NC Library/Salaries
00111271-011120
$11,475
$0
General Fund/NC Library/Part-Time Salaries
00111271-011130
$1,944
$0
General Fund/NC Library/Social Security
00111271-012110
$832
$0
General Fund/NC Library/Retirement Contribution
00111271-012120
$933
$0
General Fund/NC Library/Medicare
00111271-012170
$195
$0
General Fund/Brackett Library/Salaries
00111371-011120
$3,643
$0
General Fund/Brackett Library/Part-Time Salaries
00111371-011130
$971
$0
General Fund/Brackett Library/Social Security
00111371-012110
$286
$0
General Fund/Brackett Library/Retirement Contribution
00111371-012120
$321
$0
82
Resolution No. 2013- ()N_
hibit "A"
Budget Office Approval: Budget Amendment: 002
Jason E. fown, dget Director
Entry
Number
Fund/ Depart nt/ count Name
Account Number
Increase
Decrease
General Fund/Brackett Library/Medicare
00111371-012170
$67
$0
General Fund/Soil-Water Cons/Salaries
00111837-011120
$761
$0
General Fund/Soil-Water Cons/Social Security
00111837-012110
$47
$0
General Fund/Soil-Water Cons/Retirement Contribution
00111837-012120
$53
$0
General Fund/Soil-Water Cons/Medicare
00111837-012170
$11
$0
General Fund/Law Library/Salaries
00111914-011120
$1,302
$0
General Fund/Law Library/Social Security
00111914-012110
$81
$0
General Fund/Law Library/Retirement Contribution
00111914-012120
$90
$0
General Fund/Law Library/Medicare
00111914-012170
$19
$0
General Fund/Administrator/Salaries
00120112-011120
$8,880
$0
General Fund/Administrator/Social Security
00120112-012110
$552
$0
General Fund/Administrator/Retirement Contribution
00120112-012120
$1,626
$0
General Fund/Administrator/Medicare
00120112-012170
$129
$0
General Fund/General Services/Salaries
00120213-011120
$2,387
$0
General Fund/General Services/Social Security
00120213-012110
$148
$0
General Fund/General Services/Retirement
Contribution
00120213-012120
$166
$0
General Fund/General Services/Medicare
00120213-012170
$35
$0
General Fund/Human Resources/Salaries
00120313-011120
$4,675
$0
General Fund/Human Resources/Part-Time Salaries
00120313-011130
$812
$0
General Fund/Human Resources/Social Security
00120313-012110
$340
$0
General Fund/Human Resources/Retirement
Contribution
00120313-012120
$381
$0
General Fund/Human Resources/Medicare
00120313-012170
$80
$0
General FundNeterans Services/Salaries
00120653-011120
$2,825
$0
General FundNeterans Services/Part-Time Salaries
00120653-011130
$627
$0
General FundNeterans Services/Social Security
00120653-012110
$214
$0
General FundNeterans Services/Retirement
00120653-012120
$240
$0
General FundNeterans/Medicare
00120653-012170
$51
$0
General Fund/Emergency Mgmt/Salaries
00120825-011120
$7,612
$0
General Fund/Emergency Mgmt/Social Security
00120825-012110
$472
$0
83
INN "A"
Resolution No. 2013-
Budget Office Approval: Budget Amendment: 002
Jason E. P
rown, udget Director
Entry
Number
Fund/ DepartAccount Name
Account Number
Increase
Decrease
General Fund/Emergency Mgmt/Retirement
00120825-012120
$530
$0
General Fund/Emergency Mgmt/Medicare
00120825-012170
$110
$0
General Fund/Parks/Salaries
00121072-011120
$25,300
$0
General Fund/Parks/Social Security
00121072-012110
$1,568
$0
General Fund/Parks/Retirement
00121072-012120
$1,758
$0
General Fund/Parks/Medicare
00121072-012170
$367
$0
General Fund/Human Services/Salaries
00121164-011120
$799
$0
General Fund/Human Services/Social Security
00121164-012110
$49
$0
General Fund/Human Services/Retirement
00121164-012120
$55
$0
General Fund/Human Services/Medicare
00121164-012170
$11
$0
General Fund/AG Extension/Salaries
00121237-011120
$2,017
$0
General Fund/AG Extension/Social Security
00121237-012110
$125
$0
General Fund/AG Extension/Retirement
00121237-012120
$140
$0
General Fund/AG Extension/Medicare
00121237-012170
$29
$0
General Fund/Purchasing/Salaries
00121613-011120
$3,443
$0
General Fund/Purchasing/Social Security
00121613-012110
$213
$0
General Fund/Purchasing/Retirement
00121613-012120
$239
$0
General Fund/Purchasing/Medicare
00121613-012170
$50
$0
General Fund/Facilities Mgmt/Salaries
00122019-011120
$20,302
$0
General Fund/Facilities Mgmt/Social Security
00122019-012110
$1,259
$0
General Fund/Facilities Mgmt/Retirement
00122019-012120
$1,411
$0
General Fund/Facilities Mgmt/Medicare
00122019-012170
$294
$0
General Fund/Office of Mgmt/Budget/Salaries
00122913-011120
$6,668
$0
General Fund/Office of Mgmt/Budget/Social Security
00122913-012110
$413
$0
General Fund/Office of Mgmt/Budget/Retirement
00122913-012120
$463
$0
General Fund/Office of Mgmt/Budget/Medicare
00122913-012170
$97
$0
General Fund/FPL Grant/Salaries
00123725-011120
$1,144
$0
General Fund/FPL Grant/Social Security
00123725-012110
$71
$0
General Fund/FPL Grant/Retirement
00123725-012120
$80
$0
84
hibit "A"
Resolution No. 2013 -
Budget Office Approval: Budget Amendment: 002
Jaso*Firo-wn,dg.t tor
Entry
Number
Fund/ Depart n cco int Name
Account Number
Increase
Decrease
General Fund/FPL Grant/Medicare
00123725-012120
$17
$0
General Fund/Emergency Base Grant/Salaries
00123825-011120
$1,801
$0
General Fund/Emergency Base Grant/Social Security
00123825-012110
$112
$0
General Fund/Emergency Base Grant/Retirement
00123825-012120
$125
$0
General Fund/Emergency Base Grant/Medicare
00123825-012170
$26
$0
General Fund/Animal Control/Salaries
00125062-011120
$7,271
$0
General Fund/Animal Control/Social Security
00125062-012110
$451
$0
General Fund/Animal Control/Retirement
00125062-012120
$505
$0
General Fund/Animal Control/Medicare
00125062-012170
$105
$0
General Fund/Mailroom/Salaries
00125119-011120
$597
$0
General Fund/Mailroom/Part-time Salaries
00125119-011130
$716
$0
General Fund/Mailroom/Social Security
00125119-012110
$81
$0
General Fund/Mailroom/Retirement
00125119-012120
$91
$0
General Fund/Mailroom/Medicare
00125119-012170
$19
$0
General Fund/Reserve for Contingency
00119981-099910
$0
$206,028
MSTU/NCAC/Salaries
00410472-011120
$4,603
$0
MSTU/NCAC/Part-Time Salaries
00410472-011130
$4,056
$0
MSTU/NCAC/Budgeted Temp Salaries
00410472-011190
$2,854
$0
MSTU/NCAC/Social Security
00410472-012110
$714
$0
MSTU/NCAC/Retirement
00410472-012120
$800
$0
MSTU/NCAC/Medicare
00410472-012170
$167
$0
MSTU/GAC/Salaries
00410572-011120
$2,233
$0
MSTU/GAC/Budgeted Temp Salaries
00410572-011190
$2,702
$0
MSTU/GAC/Social Security
00410572-012110
$306
$0
MSTU/GAC/Retirement
00410572-012120
$343
$0
MSTU/GAC/Medicare
00410572-012170
$72
$0
MSTU/Recreation/Salaries
00410872-011120
$9,427
$0
MSTU/Recreation/Part-time Salaries
00410872-011130
$671
$0
MSTU/Recreation/Budgeted Temps
00410872-011190
$913
$0
85
hibit "A"
Resolution No. 2013-
Budget Office Approval: If wr- Budget Amendment: 002
Jason E. B wn, B get Director
Entry
Number
Fund/ Departm nU count Name
Account Number
Increase
Decrease
MSTU/Recreation/Social Security
00410872-012110
$683
$0
MSTU/Recreation/Retirement
00410872-012120
$765
$0
MSTU/Recreation/Medicare
00410872-012170
$160
$0
MSTU/Ocean Rescue/Salaries
00411672-011120
$11,974
$0
MSTU/Ocean Rescue/Part-time Salaries
00411672-011130
$2,547
$0
MSTU/Ocean Rescue/Social Security
00411672-012110
$900
$0
MSTU/Ocean Rescue/Retirement
00411672-012120
$1,009
$0
MSTU/Ocean Rescue/Medicare
00411672-012170
$211
$0
MSTU/Shooting Range/Salaries
00416172-011120
$3,506
$0
MSTU/Shooting Range/Part-time Salaries
00416172-011130
$1,907
$0
MSTU/Shooting Range/Social Security
00416172-012110
$335
$0
MSTU/Shooting Range/Retirement
00416172-012120
$376
$0
MSTU/Shooting Range/Medicare
00416172-012170
$78
$0
MSTU/Planning & Dev/Salaries
00420415-011120
$4,545
$0
MSTU/Planning & Dev/Social Security
00420415-012110
$282
$0
MSTU/Planning& Dev/Retirement
00420415-012120
$1,585
$0
MSTU/Planning& Dev/Medicare
00420415-012170
$66
$0
MSTU/Planning/Salaries
00420515-011120
$14,503
$0
MSTU/Planning/Social Security
00420515-012110
$837
$0
MSTU/Planning/Retirement
00420515-012120
$1,218
$0
MSTU/Planning/Medicare
00420515-012170
$196
$0
MSTU/Code Enf/Salaries
00420724-011120
$5,620
$0
MSTU/Code Enf./Social Security
00420724-012110
$349
$0
MSTU/Code Enf./Retirement
00420724-012120
$391
$0
MSTU/Code Enf./Medicare
00420724-012170
$82
$0
MSTU/Parks/Salaries
00421072-011120
$1,634
$0
MSTU/Parks/Social
Security
00421072-012110
$102
$0
MSTU/Parks/Retirement
00421072-012120
$114
$0
MSTU/Parks/Medicare
00421072-012170
$24
$0
86
xhibit "A"
Resolution No. 2013-
VB,..,,B.dg.t
Budget Office Approval: Budget Amendment: 002
Jactor
Entry
Number
Fund/ Departt/Account Name
Account Number
Increase
Decrease
MSTUrreiecommunications/Salaries
00423437-011120
$1,686
$0
MSTU/Telecommunications/Social Security
00423437-012110
$105
$0
MSTUrrelecommunications/Retirement
00423437-012120
$117
$0
MSTUrrelecommunications/Medicare
00423437-012170
$25
$0
MSTU/Reserves/Reserve for Contingency
00419981-099910
$0
$87,793
Transportation Fund/Road & Bridge/Salaries
11121441-011120
$86,314
$0
Transportation Fund/Road & Bridge/Social Security
11121441-012110
$5,359
$0
Transportation Fund/Road & Bridge/Retirement
11121441-012120
$8,625
$0
Transportation Fund/Road & Bridge/Medicare
11121441-012170
$1,253
$0
Transportation Fund/Public Works/Salaries
11124319-011120
$4,392
$0
Transportation Fund/Public Works/Social Security
11124319-012110
$273
$0
Transportation Fund/Public Works/Retirement
11124319-012120
$439
$0
Transportation Fund/Public Works/Medicare
11124319-012170
$64
$0
Transportation Fund/Engineering/Salaries
11124441-011120
$35,114
$0
Transportation Fund/Engineering/Social Security
11124441-012110
$2,177
$0
Transportation Fund/Engineering/Retirement
11124441-012120
$3,492
$0
Transportation Fund/Engineering/Medicare
11124441-012170
$510
$0
Transportation Fund/Traffic Engineering/Salaries
11124541-011120
$24,920
$0
Transportation Fundrrraffic Engineering/Social
Security
11124541-012110
$1,545
$0
Transportation Fundrrraffic Engineering/Retirement
11124541-012120
$1,732
$0
Transportation Fund/Traffic Engineering/Medicare
11124541-012170
$362
$0
Transportation Fund/Stormwater/Salaries
11128138-011120
$5,378
$0
Transportation Fund/Stormwater/Social Security
11128138-012110
$334
$0
Transportation Fund/Stormwater/Retirement
11128138-012120
$374
$0
Transportation Fund/Stormwater/Medicare
11128138-012170
$78
$0
Transportation Fund/Reserves/Reserve for
Contingency
11119941-099910
$0
$182,735
SWDD/Sanitary Landfill/Salaries
41121734-011120
$11,191
$0
SWDD/Sanitary Landfill/Social Security
41121734-012110
$720
$0
SWDD/Sanitary Landfill/Retirement
41121734-012120
$1,263
$0
87
nT;
Resolution No. 2013-
Budget Office Approval: (A—CBudget Amendment: 002
Jason E. I
own, 7
dget Director
Entry
Number
Fund/ Depart n .count Name
Account Number
Increase
Decrease
SWDD/Sanitary Landfill/Medicare
41121734-012170
$169
$0
SWDD/Sanitary Landfill/Reserves/Reserve for
Contingency
41121734-099910
$0
$13,343
Impact Fees/Planning Admin/Salaries
10320415-011120
$1,955
$0
Impact Fees/Planning Admin/Social Security
10320415-012110
$122
$0
Impact Fees/Planning Admin/Retirement
10320415-012120
$136
$0
Impact Fees/Planning Admin/Medicare
10320415-012170
$29
$0
Impact Fees/Planning Admint/Reserve for Contingency
10320415-099910
$0
$2,242
Section 8/Rental Assistance/Salaries
10822264-011120
$3,289
$0
Section 8/Rental Assistance/Social Security
10822264-012110
$201
$0
Section 8/Rental Assistance/Retirement
10822264-012120
$225
$0
Section 8/Rental Assistance/Medicare
10822264-012170
$47
$0
Section 8/Rental Assistance/Reserve for Contingency
10822264-099910
$0
$3,762
Secondary Roads/Road& Bridge/Salaries
10921441-011120
$357
$0
Secondary Roads/Road& Bridge/Social Security
10921441-012110
$23
$0
Secondary Roads/Road& Bridge/Retirement
10921441-012120
$46
$0
Secondary Roads/Road& Bridge/Medicare
10921441-012170
$6
$0
Secondary Roads/Engineering/Salaries
10924441-011120
$4,103
$0
Secondary Roads/Engineering/Social Security
10924441-012110
$265
$0
Secondary Roads/Engineering/Retirement
10924441-012120
$297
$0
Secondary Roads/Engineering/Medicare
10924441-012170
$62
$0
Secondary Roads/Real Estate Acqusition/Salaries
10924741-011120
$1,125
$0
Secondary Roads/Real Estate Acqusition/Social
Security
10924741-012110
$70
$0
Secondary Roads/Real Estate Acqusition/Retirement
10924741-012120
$78
$0
Secondary Roads/Real Estate Acqusition/Medicare
10924741-012170
$17
$0
Secondary Roads/Reserves/Reserve for Contingency
10919981-099910
$0
$6,449
911 Surcharge/Communication Center/Salaries
12013325-011120
$2,552
$0
911 Surcharge/Communication Center/Social Security
12013325-012110
$158
$0
911 Surcharge/Communication Center/Retirement
12013325-012120
$178
$0
911 Surcharge/Communication Center/Medicare
12013325-012170I
$37
i
$0
88
hibit "A"
Resolution No. 2013-
! Budget Amendment: 002
Budget Office Approval:
Jason E. B wn, dget Director
Entry
Number
Fund/ Departm n c=ount Name
Account Number
Increase
Decrease
912 Surcharge/Communication Center/Reserve for
Contingency
12013325-099910
$0
$2,925
SHIP/Ship Program/Salaries
12322869-011120
$1,845
$0
SHIP/Ship Program/Social Security
12322869-012110
$61
$0
SHIP/Ship Program/Retirement
12322869-012120
$68
$0
SHIP/Ship Program/Medicare
12322869-012170
$14
$0
SHIP/Ship Program/Reserve for Contingency
12322869-099910
$0
$1,988
MPO/Planning/Salaries
12420415-011120
$7,322
$0
MPO/Planning/Social Security
12420415-012110
$452
$0
MPO/Planning/Retirement
12420415-012120
$509
$0
MPO/Planning/Medicare
12420415-012170
$106
$0
MPO/Planning/Reserve for Contingency
12420415-099910
$0
$8,389
Beach Restoration Fund/Salaries
12814472-011120
$3,412
$0
Beach Restoration Fund/Social Security
12814472-012110
$212
$0
Beach Restoration Fund/Retirement
12814472-012120
$237
$0
Beach Restoration Fund/Medicare
12814472-012170
$49
$0
Beach Restoration Fund/Reserve for Contingency
12814472-099910
$0
$3,910
Sandridge Golf Course/Admin/Clubhouse/Salaries
41823672-011120
$4,021
$0
Sandridge Golf Course/Admin/Part-time Salaries
41823672-011130
$8,590
$0
Sandridge Golf Course/Admin/Clubhouse/Budgeted
Temps
41823672-011190
$1,872
$0
Sandridge Golf Course/Admin/Clubhouse/Social
Security
41823672-012110
$898
$0
Sandridge Golf Course/Admin/Clubhouse/Retirement
41823672-012120
$1,268
$0
Sandridge Golf Course/Admin/Clubhouse/Medicare
41823672-012170
$210
$0
Sandridge Golf Course/Admin/Clubhouse/Reserve for
Contingency
41823672-099910
$0
$16,859
County Building/Building Dept/Salaries
44123324-011120
$22,848
$0
County Building/Building Dept/Social Security
44123324-012110
$1,583
$0
County Building/Building Dept/Retirement
44123324-012120
$1,775
$0
County Building/Building Dept/Medicare
44123324-012170
$370
$0
County Building/Building Dept/Reserve for Contingency
44123324-099910
$0
$26,576
Utilities Dept/WastewaterTreatment/Salaries
47121836-011120
$25,119
$0
89
hibit "A"
Resolution No. 2013-
w...
Budget Office Approva4Depa
Budget Amendment: 002
. B wn, B dget Director
Entry Furtm n count Name Account Number Increase Decrease
Number
Utilities Dept/WastewaterTreatment/Social Security 47121836-012110 $1,557 $0
Utilities Dept/WastewaterTreatment/Retirement 47121836-012120 $1,746 $0
Utilities Dept/Wastewater Treatment/Medicare 47121836-012170 $3,964 $0
Utilities Dept/Water Production/Salaries 47121936-011120 $22,227 $0
Utilities Dept/Water Production/Social Security 47121936-012110 $1,378 $0
Utilities Dept/Water Production/Retirement 47121936-012120 $1,545 $0
Utilities Dept/Water Production/Medicare 47121936-012130 $322 $0
Utilities Dept/General & Engineering/Salaries 47123536-011120 $27,053 $0
Utilities Dept/General & Engineering/Social Security 47123536-012110 $1,677 $0
Utilities Dept/General & Engineering/Retirement 47123536-012120 $1,880 $0
Utilities Dept/General & Engineering/Medicare 47123536-012170 $392 $0
Utilities Dept/Customer Service/Salaries 47126536-011120 $24,444 $0
Utilities Dept/Customer Service/Part-time Salaries 47126536-011130 $387 $0
Utilities Dept/Customer Service/Social Security 47126536-012110 $1,540 $0
Utilities Dept/Customer Service/Retirement 47126536-012120 $1,726 $0
Utilities Dept/Customer Service/Medicare 47126536-012170 $360 $0
Utilities Dept/Wastewater Collections/Salaries 47126836-011120 $20,216 $0
Utilities Dept/Wastewater Collections/Social Security 47126836-012110 $1,253 $0
Utilities Dept/Wastewater Collections/Retirement 47126836-012120 $1,405 $0
Utilities Dept/Wastewater Collections/Medicare 47126836-012170 $293 $0
Utilities Dept/Water Distribution/Salaries 47126936-011120 $32,716 $0
Utilities Dept/Water Distribution/Social Security 47126936-012110 $2,028 $0
Utilities Dept/Water Distribution/Retirement 47126936-012120 $4,365 $0
Utilities DeptlWater Distribution/Medicare 47126936-012170 $474 $0
Utilities Dept/General & Engineering/Reserve for 47123536-099910 $0 $180,067
90
connnency
Fleet/Vehicle Maint/Salaries
50124291-011120
$8,888
$0
Fleet/Vehicle Maint/Social Security
50124291-012110
$552
$0
Fleet/Vehicle Maint/Retirement
50124291-012120
$1,260
$0
Fleet(Vehicle Maint/Medicare
50124291-012170
$129
$0
90
xhibit "A"
Resolution No. 2013 -
Budget Office Approva4Jason
Budget Amendment: 002
row Budget Director
Entry
Number
Fund/ Depart UAccount Name
Account Number
Increase
Decrease
Fleet/Vehicle Maint/Reserve for Contingency
50124291-099910
$0
$10,829
Self Insurance/Risk Management/Salaries
50224613-011120
$2,125
$0
Self Insurance/Risk Management/Social Security
50224613-012110
$208
$0
Self Insurance/Risk Management/Retirement
50224613-012120
$233
$0
Self Insurance/Risk Management/Medicare
50224613-012170
$49
$0
Self Insurance/Risk Management/Reserve for
Contingency
50224613-099910
$0
$2,615
Information Tech/Computer Services/Salaries
50524113-011120
$8,210
$0
Information Tech/Computer Services/Social Security
50524113-012110
$509
$0
Information Tech/Computer Services/Retirement
50524113-012120
$571
$0
Information Tech/Computer Services/Medicare
50524113-012170
$119
$0
Information Tech/Geographic Information/Salaries
50510319-011120
$6,170
$0
Information Tech/Geographic Information/Social
Security
50510319-012110
$383
$0
Information Tech/Geographic Information/Retirement
50510319-012120
$429
$0
Information Tech/Geographic Information/Medicare
50510319-012170
$90
$0
Information Tech/Reserves/Reserve for Contingency
50519981-099910
$0
$16,481
Emergency Services/Fire Rescue/Salaries
11412022-011120
$24,361
$0
Emergency Services/Fire Rescue/Social Security
11412022-012110
$1,397
$0
Emergency Services/Fire Rescue/Retirement
11412022-012120
$1,565
$0
Emergency Services/Fire Rescue/Medicare
11412022-012170
$326
$0
Emergency Services/Fire Rescue/Reserve for
Contingency
11412022-099910
$0
$27,649
11.
Revenue
Drug Abuse Fund / MACE Grant
121033-331697
$3,918
$0
Expense
Drug Abuse Fund / Sheriff Drug Task Force
12111021-088930
$3,918
$0
91
Consent Agenda
Indian River County
Interoffice Memorandum `6
Office of Management & Budget
To: Members of the Board of Coun ommissioners
From: Jason E. Brown
Director, Office of Management B get
Date: December 4, 2013
Subject: Miscellaneous Budget Amendment 003
Description and Conditions
The attached budget amendment appropriates funding necessary for the following:
1. Each year it becomes necessary to "roll over" certain projects that were initiated in fiscal year
2012-2013 to the current fiscal year. The attached entry appropriates funding for these
projects for fiscal year 2013-2014.
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached budget resolution
amending the fiscal year 2013/2014 budget.
Attachments
Budget Amendment 003 and Resolution
APPROVED AGENDA ITEM:
County Administrator
December 10, 2013
Indian River County
Awroved
Date
Administrator
Legal
(Z ' ( 3
Budget
Iz 13
Department
Risk Management
92
RESOLUTION NO. 2013-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2013-2014 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2013-2014 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2013-2014 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
2013-2014 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
and the motion was seconded by Commissioner ,
and, upon being put to a vote, the vote was as follows:
Chairman Peter D. O'Bryan
Vice Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Bob Solari
Commissioner Tim Zorc
The Chairman thereupon declared this Resolution duly passed and adopted
this day of , 2013.
Attest: Jeffrey R. Smith
Clerk of Court and Comptroller
Deputy Clerk
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
Peter D. O'Bryan, Chairman
APPROVED AS TO FORM
qAD LEGAL SUF CIENCY
BY--Lo-
4
OUNTY ATTORNEY
93
Exhibit "A"
Resolution No. 2013 -
Budget Office Approval:
Budget Amendment: 003
Jason E. rownBudget Director
Entry
Number
Fund/ Depart
Account Name
Account Number
Increase
Decrease
1.
Revenue
General Fund/Cash Forward -Oct 1st
001039-389040
$166,177
$0
MSTU Fund/Cash Forward -Oct 1st
004039-389040
$24,366
$0
Traffic Impact Fees/Cash Forward -Oct 1st
102039-389040
$1,928,409
$0
Impact Fees/DEP PH3 Greenway Grant
103033-331700-11001
$109,000
$0
Impact Fees/FIND PH2 Greenway Grant
103033-337711-11001
$156,000
$0
Impact Fees/Cash Forward -Oct 1st
103039-389040
$4,953,373
$0
Section 8/FY13 TBRA Grant
108033-331672-13806
$495,782
$0
Secondary Roads/Cash Forward -Oct 1st
109039-389040
$3,795,138
$0
Secondary Roads/DEP Grants/45th Street
Beautification
109033-334414-03023
$25,000
$0
Transportation Fund/Cash Forward -Oct 1st
111039-389040
$12,500
$0
Emergency Services/Cash Forward -Oct 1st
114039-389040
$103,942
$0
911 Surcharge/Cash Forward -Oct 1st
120039-389040
$50,000
$0
Beach Restoration/Cash Forward -Oct 1st
128139-389040
$176,721
$0
NSP3 Grant/CDBG/NSP3 Grant
130033-331554-11803
$538,543
$0
NSP3 Grant/Program Income
130038-369919-11813
$575,936
$0
FIBB/FIND Boat Island Grant
133033-337710-13816
$7,500
$0
FIBB/Cash Forward -Oct 1st
133039-389040
$214,500
$0
Library Bequests/Cash Forward -Oct 1st
134039-389040
$9,904
$0
Federal/State Grants/Alcohope Renewal Program
FL01141-41-1091205
136033-331601-13807
$41,475
$0
Federal/State Grants/New Horizons 2 Program
FL044014H091201
136033-331601-13808
$64,423
$0
Federal/State Grants/Transitional Housing
Renewal/F L011514 H 091205
136033-331601-13810
$46,708
$0
Federal/State Grants/Indian River
Chronics/FL036014H091203
136033-331601-13809
$64,767
$0
Federal/State Grants/New Chronics
Renewal/FL011910091205
136033-331601-13812
$92,771
$0
94
Exhibit "A"
Resolution No. 2013 -
Budget Office Approval: J, Budget Amendment: 003
Jason E. rown, udget Director
Entry
Number
Fund/ DepartAccount Name
Account Number
Increase
Decrease
Federal/State Grants/New Horizons 1
Pro ram/FL012014h091205
136033-331601-13813
$121,602
$0
Federal/State Grants/HMIS Expansion
Renewa I/FL011614h 091205
136033-331601-13811
$34,724
$0
Series 2006/Reimbursement/Shadowbrook Env. Land
Remediation
145038 369940-12002
$42,669
$0
Series 2006/FIND Grant/Jones Pier
145033-337304-09008
$15,000
$0
Series 2006/Cash Forward -Oct 1st
145039-389040
$15,000
$0
Dodgertown Reserves/Cash Forward -Oct 1st
30839-389040
$600,000
$0
Optional Sales Tax/FDOT Trip Grant/SR 60 to 41 st st
315033-334404-06040
$5,394,256
$0
Optional Sales Tax/FDOT Lap Grant/Old Dixie
Sidewalk/8th to 20th
315033-331400-12814
$619,153
$0
Optional Sales Tax/Cash Forward -Oct 1st
315039-389040
$14,048,944
$0
Information Technology/Cash Forward -Oct 1st
505039-389040
$150,299
$0
Expense
General Fund/Parks/Fairgrounds Ag Pavilion Metal
Roof
00121072-036750
$165,000
$0
General Fund/Parks/Other Operating Supplies
00121072-035290
$1,177
$0
MSTU Fund/Road & Bridge/Other Contractual Services
00421441-033490
$24,366
$0
Traffic Impact Fees/District 11/12/27th Ave
10215241-066510-02033
$612,037
$0
Traffic Impact Fees/District II/37th Street/US 1 to IR
Blvd
10215241-066510-13009
$100,000
$0
Traffic Impact Fees/District II/66th Ave/12th to SR 60
10215241-066510-06021
$945,740
$0
Traffic Impact Fees/District II/66th Ave/SR 60 to 49th St
10215241-066120-06040
$270,632
$0
Impact Fees/Emergency Services/Rec Storage Dist Ctr
10312022-066510-12011
$95,265
$0
Impact Fees/Emergency Services/Station 13
10312022-066510-08006
$1,253,795
$0
Impact Fees/Parks/Flinn Tract -Lagoon Greenway
Phase B2
10321072-066510-11001
$302,000
$0
Impact Fees/Parks/Oslo Boat Ramp & Parking
10321072-066510-03017
$281,491
$0
Impact Fees/Parks/S.County Intergenerational Mulit-
Purpose Facility
10321072-066510-03028
$1,974,513
$0
Impact Fees/Parks/Wabasso Beach Parking Expansion
10321072-066110-07016
$36,612
$0
95
Resolution No. 2013 -
Budget Office Approval:
Exhibit "A"
Jason E. growl Budget Director
Budget Amendment: 003
EntryI Fund/ De art a Account Name
p Account Number
Number Increase Decrease
96
Impact Fees/Parks/Sporting Clays & Skeet/Trap
10321072-066510-12001
$573,325
$0
Impact Fees/Public Buildings/Crime Scene Unit
10312113-066510-01004
$172,228
$0
Impact Fees/Correctional/New Courtroom Facilities
10322019-066510-12009
$0
$250,000
Impact Fees/Law Enforcement/Crime Scene Unit
10360021-066510-01004
$279,144
$0
Section 8/FY13 TBRA Grant Expense
10822264-036730-13806
$495,782
$0
Secondary Roads/45th Street Beautification
10921441-066510-03023
$225,000
$0
Secondary Roads/ROW/66th Ave/4th to 12th Street
10921441-066120-02031
$26,000
$0
Secondary Roads/66th Ave/4th to 12th Street
10921441-066510-02031
$419,000
$0
Secondary Roads/Oslo Road/43rd to 58th Ave
10921441-066510-05004
$1,780,000
$0
Secondary Roads/VLE Petiion Millings
10921441-066510-06060
$250,000
$0
Secondary Roads/Other Contractual Services/Annual
Survey Services
10921441-033490-05007
$368,480
$0
Secondary Roads/Other Contractual
Services/Township/Section Horizontal Control
10921441-033490-05008
$26,372
$0
Secondary Roads/Other Contractual
Services/NGVD/NAVD88 Vertical Control
10921441-033490-05009
$4,379
$0
Secondary Roads/13th Street. SW, West of 27th Ave
10921441-066510-03024
$100,000
$0
Secondary Roads/Other Contractual Services/RAN
Mapping
10921441-033490
$362,998
$0
Secondary Roads/Road Resurfacing
10921441-053360
$257,909
$0
Transportation Fund/Stormwater/Automotive
11128138-066420
$12,500
$0
Emergency Services/Station 13
11412022-066510-08006
$103,942
$0
911 Surcharge/Communication Center/Communicaiton
Equipment
12013325-066450
$50,000
$0
Beach Restoration/Sector 3 Beach Renourish-Post
Hurricane Sandy
12814472-066510-13014
$176,721
$0
NSP3 Grant/House Rehab/Other Contractual Services -
Rehab
13013854-033490-11803
$237,841
$0
NSP3 Grant/House Rehab/Home Maintenance Costs
13013854-049100-11803
$46,381
$0
NSP3 Grant/House Rehab/Acquisition/Closing Funds
13013854-088052-11803
$235,557
$0
NSP3 Grant/House Rehab/NSP Developer Fee
13013854-088053-11803
$18,764
$0
96
xhibit "A"
Resolution No. 2013 -
Budget Office Approval: , Budget Amendment: 003
Jason E. 110
wn, udget Director
Entry
Fund/ Departm Account Name
Account Number
Increase
Decrease
Number
NSP Grant/Program Income/Other Contractual
13013854-033490-11813
$575,936
$0
Services
FIBB/Parks/Other Contractual Services/Boat Island
13321072-033490-13816
$22,000
$0
Repair
FIBB/Parks/Oslo Boat Ramp
13321072-066510-03017
$200,000
$0
Library Bequests/North County/Books
13411271-035450
$9,904
$0
Federal State Grants/Alcohope Renewal Program
13616364-036730-13807
$41,475
$0
FL01141-41-1091205
Federal/State Grants/New Horizons 2 Program
13616364-088871-13808
$64,423
$0
FL044014h091201
Federal/State Grants/Transitional Housing
13616364-088871-13810
$46,708
$0
Re newa 1/F L011514 h 0912 05
Federal/State Grants/Indian River
13616364-036730-13809
$64,767
$0
Chronics/F L036014 H 091203
Federal/State Grants/New Chronics
13616364-088871-13812
$92,771
$0
Renewal/FI-01 11914h091205
Federal/State Grants/New Horizons 1
13616364-08871-13813
$121,602
$0
Pro ram/FL012014h091205
Federal/State Grants/HMIS Expansion
13616364-088871-13811
$34,724
$0
Re newa I/FL011614h 091205
Series 2006/0ther Professional Services/Shadowbrook
14514639-033190-12002
$42,669
$0
Series 2006/Other Professional Services/Jones Pier
14514639-033190-09008
$30,000
$0
Dodgertown Reserves/Dodgertown Complex
30816275-066510-01002
$600,000
$0
Optional Sales Tax/Emergency Services/Automotive
31512022-066420
$690,000
$0
Optional Sales Tax/Parks/S.County Regional Park
31521072-066510-11006
$278,601
$0
Athletic Field
Optional Sales Tax/Parks/S.County Intergenrational
31521072-066510-03028
$2,694,805
$0
Multi Purpose Facility
Optional Sales Tax/Parks/Gifford Ballfield
31521072-066390
$220,000
$0
Improvements & Lighting
Opitonal Sales Tax/Parks/Gifford Park SR Ballefield
31521072-066510-05058
$60,000
$0
Lighting
Optional Sales Tax/Parks/Gifford Comm Ctr
31521072-066510-10005
$17,160
$0
Improvements
Optional Sales Tax/Road & Bridge/12th St/27th Ave
31521441-066510-02033
$867,740
$0
Optional Sales Tax/Road & Bridge/1st St SW/43rd Ave
31521441-066510-05014
$750,000
$0
Optional Sales Tax/Road & Bridge/66th Ave/12th to SR
31521441-066120-06021
$200,731
$0
60
Optional Sales Tax/Road & Bridge/66th Ave/CR 510
31521441-066120-06004
$1,000,000
$0
interesection Improvements
97
Exhibit "A"
Resolution No. 2013 -
Budget Office Approval: Budget Amendment: 003
Jason . Bro n, get i
Entry
Number
Fund/ Dep m tIAccount Name
Account Number
Increase
Decrease
Optional Sales Tax/Raod & Bridge/66th Ave/49th to
81 st
31521441-066120-07806
$715,859
$0
Optional Sales Tax/Road & Bridge/66th Ave/49th to
81 st
31521441-066510-07806
$99,945
$0
Opitonal Sales Tax/Road & Bridge/66th Ave/SR 60 to
49th St
31521441-066510-06040
$5 ,551887
,
$0
Optional Sales Tax/Road & Bridge/4th St/82nd Ave
31521441-066120-13008
$650,000
$0
Opitonal Sales Tax/Road & Bridge/Oslo Road/66th Ave
Intersection
31521441-066510-13005
$24,700
$0
Optional Sales Tax/Raod & Bridge/Old Dixie
Sidewalk/8th to 20th
31521441-066510-12814
$619 ,153
$0
Optional Sales Tax/Road & Bridge/41st Street/US 1
East Bound left turn
31521441-066510-14001
$25,000
$0
Optional Sales Tax/Road & Bridge/66th Ave/4th to 12th
31521441-066510-02031
$1,500,954
$0
Optional Sales Tax/Facilities Mgmt/Crime Scene Unit &
Rennovations
31522019-066510-01004
$506,786
$0
Optional Sales Tax/Facilities Mgmt/Jail fire Alarm
Improvements
31522019-066510-03006
$77,554
$0
Optional Sales Tax/Public Works/PC South
31524338-066510-06050
$2,583,378
$0
Optional Sales Tax/Public Works/Oyster Reefs
31524338-066510-13015
$34,900
$0
Optional Sales Tax/Public Works/Drainage System
31524338-066340
$893,200
$0
Information Technology/GIS/Other Professional
Services
50510319-033190
$150,299
$0
r':
INDIAN RIVER COUNTY, FLORIDA
.. AGENDA ITEM
Department of Public Works
Division of Facilities Management
Date: November 15, 2013
To: Joseph A. Baird, County Administrator
Through: Christopher R. Mora, P.E., Public Works Director(LIA
From: Chris Burr, Manager, Facilities Management Division
Subject: Approval of Amendment #3 to JMC Agreement for Custodial Services
BACKGROUND:
On January 24, 2012 the Board of County Commissioners approved the agreement with
JMC Services of Winter Park, Florida for custodial services in County facilities.
Amendment #1 was approved on April 3, 2012 and added two locations to the
agreement. Amendment #2 was approved on March 1, 2013, and extends the contract
through February 2014 at which time an additional renewal will be available with
satisfactory service from the Contractor.
Amendment #3 to the JMC agreement adds the new Crime Scene building located at
3885 41St. The cost of the additional building will be $912.60 per month. The pricing is
consistent with the original agreement pricing and specifications.
FUNDING:
Funding for the Custodial services is included in the operating budget Account
#00122019-033490 for Facilities Management.
RECOMMENDATION:
Staff recommends that the Board accept Amendment #3 and authorize the Chairman to
execute the amendment.
Approved Agenda Item
For: (a he 113
Indian River Co.
Approved Date
Administration
County Attorney
j
Budget
Department
Division
)3
Al.
C:\Users\cathyd\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.0utlook\N1 QWODEQ\Ammendment #3 to JMC Contract BCC 12-10-13 (2).doc
99
THIRD AMENDMENT TO CUSTODIAL SERVICES AGREEMENT
... This Third Amendment to Custodial Services Agreement ("Third Amendment") is entered
into effective December 10, 2013, by and between Indian River County, a political subdivision of
the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and JMC Services, Inc., a
Florida corporation, having a principal place of business at 37 West Smith Street, Winter Garden,
FL 34777 ("Contractor").
BACKGROUND RECITALS
WHEREAS, the County and the Contractor entered into a Custodial Services Agreement
("Agreement') dated January 24, 2012; and
WHEREAS, since that time, the County and the Contractor have amended the
Agreement on April 3, 2012 to include two additional buildings not included in the initial
Agreement; and
WHEREAS, since that time, the County and the Contractor have amended the
Agreement on April 16, 2013 to extend the agreement for an additional year; and
WHEREAS, since that time, the County has built a new facility and has begun utilizing the
space not included in the Agreement; and
WHEREAS, the County and the Contractor desire to amend the Agreement to add the new
facility to the cleaning contract.
`"a- NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto, intending to be legally bound, covenant and
agree to amend the Agreement as follows:
1. The background recitals are true and correct and form a material part of this Third
Amendment.
2. Contractor agrees to clean, in accordance with the terms of the Agreement, the new
facility, to wit:
a. The Crime Scene building located at 3885 41St Street.
3. In exchange for these additional services, the County agrees to pay Contractor the sum
of $912.60 per month for cleaning the Crime Scene Building.
4. All terms and conditions of the Agreement not amended herein remain in full force
and effect.
C:\Documents and Settings\sandyw\Local Settings\Temporary Internet Files\Content.Outlook\5B39W 1 BL\Third
Amendment to JMC custodial services contract 2013.doc
100
IN WITNESS WHEREOF, the County and the Contractor have caused this Second
Renewal to be signed by their respective duly authorized officers as of the day and year first stated
*4"-- above.
Contractor: JMC SERVICES, INC.
By
Debra Cito, President
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Peter D. O'Bryan, Chairman
Date approved by BCC:
Attest:
Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency:
By:
AU "
William K. DeBraal
Deputy County Attorney
F:\Public Works\Luanne M\Facilities Management\Sheriff Storage -New Bldg & Future Facility\Third Amendment to JMC
custodial services contract 2013.doc
101
CONSENT
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEMk.
Assistant County Administrator /
Department of General Services
To: The Honorable Board of County Commissioners
Thru: Joseph A. Baird, County Administrator
Thru: Michael C. Zito, Assistant County Administrator
From: Brad Bernauer, Human Services Director'
Date: December 3, 2013
Subject: Renewal of Florida Power & Light (FP&L) Care To Share Agreement
DESCRIPTION AND CONDITIONS:
Attached, is a copy of a proposed renewal agreement to be entered into between Florida Power and Light
(FP&L) and Indian River County. The "Care To Share" program is established by FP&L via contributions from
the electrical utility's customers to provide emergency energy assistance to low-income residents in Indian
River County who are in special need of emergency funding to pay a delinquent power bill from FP&L.
Pursuant to this renewal agreement, FP&L's Assistance and Referral Representatives (ASSIST' Reps) will serve
as the utility's primary liaison on a day-to-day basis with the County's Human Service Department. FP&L has
found the "Care To Share" Program to be a great match for other Health and Human Services type departments.
The program tends to align well with the missions of these departments to assist residents in need and help
foster self-sufficiency. The FP&L program is intended to be a funding option of last resort after all Federal and
State resources have been used.
Staff has found this program to be relatively easy to administer and does not cause any significant burden on
existing staff. The program will continue providing a source of non-governmental funds that can be used to
help citizens in a energy crisis situation and will continue to supplement public funding that is provided through
the Human Services operation of Indian River County.
FUNDING:
There are no funding requirements for this item.
RECOMMENDATION:
Staff recommends the Board's approval of the renewal of the Care To Share Agreement with Florida Power and
Light and authorization for the Chairman to execute the Agreement.
ATTACHMENTS:
1. FPL CARE TO SHARE® PROGRAM AGREEMENT
Approved Agenda Item
r
By:
Jos h A. Baird
County Administrator
For: December 10, 2013
FAAssistant County Administrator\AGENDA ITEMS\2013\BCC 12 DEC 2013\BCC Memo FPL Care to Share 5 year Agreement.doc
102
Florida Power & Light Company
FPL CARE TO SHARE° PROGRAM AGREEMENT
FPL East Service Area
5 -Year -Agreement from to
THIS AGREEMENT is entered into between FLORIDA POWER & LIGHT COMPANY,
hereinafter referred to as "FPL" and Indian River County, hereinafter referred to as the
"Agency." The Agency should provide each of its intake offices involved in the program
with a copy of the executed agreement.
FPL's facilitation of this program agreement is delegated to FPL's Area Special Consumer
Services Manager, hereinafter referred to as the "FPL Manager." ASSIST Agency
staff/volunteers handling intake for the program will hereinafter be referred to as
"Caseworkers."
To assist the emergency needs of people in times of hardship, FPL shareholders,
emplolees and customers are providing a contribution fund known as the "FPL Care To
Share R" emergency energy assistance fund for electric utility payment, also referred to as
"C2S."
As part of its obligations under this agreement, the Agency will administer the FPL Care To
Share funds to provide emergency energy assistance (payment of FPL bills) to residents
in Indian River County Florida.
The Agency will work with the appropriate social service providers in their area by sharing
FPL Care To Share program information and promoting broad access to these community
resources through the formal FPL Care To Share structure.
As a condition to this Agreement becoming effective, the Agency will furnish to FPL a copy
of its letter of determination of tax exempt status (not applicable for agreements with
county/municipal entities).
The Agency will determine the eligibility of energy assistance recipients, subject to the
Care To Share program standards. FPL will play no part in determining the eligibility of the
applicant for assistance, or the amount of funding an approved applicant might receive.
Before proceeding with eligibility assessment, the Agency must secure from the Account
Holder (or Applicant) a signed "Authorization for Release of Information" form, in order to
have access to FPL billing information. FPL reserves the right to request the Agency to
provide copies of the forms as part of the program audit requirements.
The Agency shall ensure that no person shall be subjected to discrimination in connection
with the FPL Care To Share program on the basis of age, gender, disability, race, color,
creed, national origin, religion or ancestry contrary to applicable law.
FPL Care To Share Program Agreement (rev 2013-1015)
103
FPL customers who are potential recipients of Care To Share funds shall have equal
opportunity for assistance, and assistance remains available twelve months per year, as
funding and resources permit.
These standards cannot be added to or deviated from without the prior consent of the FPL
Manager.
The Agency signing this Agreement does hereby bind itself to the following terms and
conditions:
Eligibility Requirements
Potential recipients must contact the administering Agency and follow the agency's
intake process, which could include receiving preliminary screening and making an
appointment with the Agency representative when appropriate.
An eligible applicant (or member of applicant's household) is one who meets all the
following criteria:
1. Must physically reside in FPL's service area at the address for which assistance is
sought.
2. Must have an account with FPL or reside at the service location. Should an
Agency employee seek to apply for Care To Share assistance through the
Agency, an Agency supervisor — such as the Primary or Secondary contact listed
on FPL ASSIST record - must contact the FPL Manager in advance for approval
and commitment placement.
3. Must have identification that reflects the client (customer) name and the same
address as the FPL account. Some examples of acceptable identification include
a driver's license, a rent receipt, a water or phone bill, a tax bill or a mortgage
statement
4. Must have a delinquent FPL bill, final notice, or disconnect notice for the FPL
account. Current bill is also eligible, if Agency caseworker reasonably deems it
appropriate.
5. Must NOT have received a benefit under the FPL Care To Share Program within
the last twelve months, at the current service address or any other address. This
applies to the applicant and members of the applicant's household, either together
or individually. The commitment set-up date is used to determine the 12 -month
time period.
6. Must show proof of a family or personal crisis. The Agency is responsible for
reasonably determining what constitutes a family or personal crisis.
2
FPL Care To Share Program Agreement (rev 2013-1015)
104
7. Must consider all other available government -funded sources for electric service
.., payment assistance first, unless the applicant is in imminent danger of losing
electricity (service disconnect), and time does not allow the client to apply for
government funds. In addition, FPL recognizes that government funds may not be
available at the time due to limited resources. If that's the case, the caseworker
should record the circumstances in the client's file. But if time does permit and
government funds are available, then C2S should be considered only after the
government funds for which the applicant qualifies have been applied for or
committed.
8. Must have a plan in place to maintain additional/future household expenses, if
C2S assistance is provided.
9. Must have a household income level that falls at or below 150% of the Federal
Poverty Level (as revised annually by U.S. Health and Human Services). The
incomes of all persons residing at the service address are to be included in
determining household income eligibility. The Agency may exercise flexibility in
expanding income limits based on special recipient situations and needs.
10. Must NOT have a history of fraud or service tampering. This applies to the
applicant and all members of the applicant's household. This may include, but is
not limited to, using a minor or fictitious name, unauthorized connection, re-
connection or by-passing of the electric meter, current diversion, or tampering with
the FPL service in any way.
FPL views fraud and service tampering very seriously. If a client with a history of
fraud or service tampering is permitted to receive an FPL Care To Share Program
commitment, FPL reserves the right to pursue return of payment from the
customer for any charges related to the fraud or service tampering activity. None
of those charges can be paid for by FPL Care To Share Program funds.
II. FPL Care To Share Application, Documentation and Records Retention
Caseworkers will ask the client to sign an Authorization for Release of General
and/or Confidential Information form and retain that signed original. If telephone
pre-screening is conducted, the caseworkers will review the information from the
release form and seek the client's verbal approval to share information.
Caseworker should note on the file that the client's verbal approval was obtained.
2. Caseworkers will use the Agency's standard intake form for the FPL Care To
Share program.
3. Caseworkers will record the client's proof of crisis and plan to sustain future bills.
3
FPL Care To Share Program Agreement (rev 2013-1015)
105
4. Caseworkers will secure and retain a copy of the client's actual bill (or FPL
facsimile provided through the FPL ASSIST Web Portal or by FPL staff), notating
w` the balance eligible for the program. (Balance should be verified by calling FPL
ASSIST Office).
5. Regarding income, caseworkers will:
a. Use potential recipient's current participation in Temporary Assistance for
Needy Families (TANF), Medicaid, Supplemental Security Income (S.S.I.),
food stamps, and public housing for means testing.
b. Verify and record "self -declaration" of recipient's income based on
established Agency guidelines to limit inappropriate disbursements.
6. Caseworkers will note the call they make to the FPL ASSIST Office to confirm the
customer's eligibility, noting the date of the call and the first name of the FPL
ASSIST representative who handled the call.
7. Caseworkers will retain all approved applications, disapproved applications, and
other pertinent records described in this section, for a period of three calendar
years plus the current calendar year.
8. Caseworkers will maintain a list of retracted commitments, indicating reason for
retraction and when FPL was notified.
III. FPL Care to Share Payment Requirements
All FPL charges with the exception of deposits, non -electric optional products and
services, return check fees, and additional billings resulting from service
tampering (non -inherited current diversion charges) are eligible for the program.
Late payment fees assessed to customer accounts during the time the Agency's
disbursement process to the utility is pending are applicable.
2. If funds are available, and the recipient has no other means to pay, the Agency
must pay the entire delinquent amount up to the currently prescribed upper limit,
as determined by FPL. While this limit can be increased or decreased at the
discretion of FPL, the standard upper limit for the program is $500.
3. No recipient or a member of recipient's household, either together or individually,
may receive more than a one-time benefit in a twelve-month period. No recipient
or member of recipient's household may circumvent this limitation by changing
account names among themselves or by moving to a new location. Commitment
set-up date is used to determine the 12 -month time period.
4
FPL Care To Share Program Agreement (rev 2013-1015)
106
4. Disbursement of funds by the Agency must be by check payable to Florida Power
& Light Company and must be received by FPL's Payment Processing Center no
later than 60 days from the commitment date.
5. Payment must be submitted in the name of the FPL Account Holder (customer of
record) for the household applying for assistance.
6. Exceptions to the requirements listed above require the approval of the FPL
Manager, and may require additional approval by the FPL Coordinator.
IV. Public Energy Assistance Programs
The FPL Care To Share Program is designed to fill voids in existing energy
assistance programs that have exhausted their resources or where recipient's needs
exceed program limits. Agency caseworkers should document efforts to link recipient
with LIHEAP, EHEAEP, and the National Food and Shelter (FEMA) program energy
funds in advance of, and prior to committing any, Care To Share funds to such client.
V. FPL / Agency Interface
Pro_qram Fundin_g
FPL will solicit its customers to contribute to the "Care To Share" fund via the
customer's monthly electric statement, and may as an option supplement customer
contributions with shareholder and employee contributions. FPL will determine in its
sole discretion the method by which contributions will be collected. FPL will collect
and distribute these funds to the administrative Agency proportional to the amount of
donations received in the area to which the Agency has agreed to provide program
services. FPL shareholder and employee contributions will be distributed to the
administrative Agency at the discretion of FPL, with area population and poverty
factors considered. C2S is funded solely by FPL customers, shareholders and
employees. C2S agencies do not fund the program.
FPL will work closely with the Agency on disbursement of Agency funding. FPL funds
from all sources will be disbursed to the Agency on a quarterly basis (subject to
change upon 30 days notice from FPL).
FPL Care To Share Program Agreement (r@v 2013-1015)
107
Program Commitments and Payment
Commitments must be paid and itemized using an FPL Payment Transmittal form (or
alternative transmittal as pre -approved by FPL) that contains the following:
Agency name, address, preparer's contact phone and/or email and date
submitted
Funding type for the payments contained on the specific transmittal
(i.e., LIHEAP, EHEAP, Care To Share, and Other Assist) Note: Please use
separate transmittals for different funding types.
FPL Customer Name of Record
Address where FPL is providing service
Alternative Client Name if not FPL Customer of Record
FPL Bill Account Number
Amount of Commitment to be placed.
Prepared transmittals must be mailed to the following address, and FPL will provide
pre -addressed envelopes upon request:
FPL ASSIST
PO Box 25231
Miami FL 33102-5231
In some cases, the Agency may not be able to use the Transmittal Envelope because
of their processing system. In those cases, and to ensure timely and accurate
1,4, posting of payments, the above identified mailing address must still be used.
Agency commitments may be submitted in the following ways:
Phone call to 1-800-480-7927
Fax to 1-800-480-7928
FPL ASSIST web portal
No deductions from Care To Share funds may be made for overhead, salaries,
administrative costs or any other expense incurred by the Agency. The entirety of
funds disbursed for Care To Share must be applied to payment assistance on behalf
of FPL customers.
FPL Program Staff
FPL's Assistance and Referral Representatives (ASSIST Reps) will serve as the
utility's primary liaison on a day-to-day basis with the Agency (caseworkers)
concerning billing inquiries and commitments. ASSIST Reps will be contacted in a
timely manner concerning committed program funds for each recipient.
The FPL Manager will serve as primary contact concerning the overall administration
of the program, including when the Agency is requesting an exception commitment.
0
FPL Care To Share Program Agreement (r$v 2013-1015)
108
The FPL Manager has the authority to change Care To Share program qualifications
and process requirements on a "temporary" basis, with thirty days notice to the
Agency, if in the best interests of FPL, its customers and partner agencies. This
would include temporary changes to payment limits, number of payments for a client
annually and other such considerations.
Client Education
The Agency should encourage energy efficiency through referral of the client to FPL's
free energy survey service (1 -800 -DIAL FPL) and by distributing FPL energy
conservation and program information, when feasible and as appropriate for the
applicant. FPL will keep the Agency advised regarding available programs.
The Agency should encourage FPL's billing and payment programs, when feasible
and as appropriate for the applicant, including FPL 62PIus, Friendly Reminder, On -
Call, Budget Billing, and others as appropriate. FPL will keep the Agency advised
regarding available programs.
Agency Staff Training
Caseworkers handling intake for the Care To Share Program must first be trained on
the program criteria, either through the agency, FPL Manager or a combination of
both sources. Caseworkers must read, sign and agree to abide by the Program
Eligibility Criteria outlined in the FPL "StaffNolunteer Certification" form.
Caseworkers will sign this form to confirm their understanding of program guidelines,
and their commitment to use account information obtained from FPL for the sole
purpose of conducting the customer qualification process. The form must be
maintained by the Agency and be made available upon request.
Agency Staff/FPL ASSIST Record
The Agency must maintain its list of authorized ASSIST agents and communicate any
changes to that list to FPL through its ASSIST Office or FPL Manager.
VI. Auditing
The Agency will routinely review Care To Share recipient files and program
processes. The Agency will include Care To Share funding in its own internal auditing
schedule and will confirm the completion of such audits by their signature on the
Quarterly Agency Fund Reconciliation report. In this report, the Agency will indicate
any significant irregularities to FPL as found.
On a quarterly basis (due by the 15th day of the first month of each quarter, for the
prior quarter), the Agency will provide to the FPL Manager the following:
the completed Fund Reconciliation Report, signed by a principal of the Agency,
confirming the C2S fund to be "in balance" and verifying that the information
provided is as true and accurate as possible. The completed and signed Fund
Reconciliation Form also demonstrates the Agency's internal reconciliation of
the fund.
FPL Care To Share Program Agreement (r$v 2013-1015)
109
the Fund Reconciliation form also includes the following metrics:
o Previous Audit Ending Balance
o Funds Provided by FPL to Agency
o Transmittals Paid and/or Submitted to Agency Payment Dept for Payment
o Other Adjustments
o Audit Ending Balance
o Number of Customers Served
Copies of all transmittals pertaining to that Quarter's report.
The FPL Manager will audit the records submitted and will request from the agency
copies of signed "Authorization for Release," forms for customers selected at random
from the accounts covered in that quarter. Upon completion of the quarterly audit, the
FPL Manager will provide a completed quarterly audit report to the Agency. The
report will specifically confirm the audit as acceptable (or not), and/or identify any
exceptions cited, along with recommended (or required) steps to eliminate or correct
said exceptions and process shortcomings.
In addition to the quarterly audit, FPL and/or a third -party designee will conduct an on-site
agency Operational Review no more than once every two years. These on-site visits are
intended to be minimally intrusive to the agency's normal operation, and will be scheduled
approximately thirty days in advance. The agency will be advised on what type of
files/documentation/information will be needed for review. The agency may be asked to
review some information in advance, to facilitate an efficient on-site review. FPL is solely
responsible for securing the third party designee to conduct the on-site operational review
and paying for the third party designee's services.
VII. General
The Agency and FPL personnel will strive to provide this community resource with a high degree of
professionalism, reflecting positively on the program's donors, FPL and the Agency. The Agency and
FPL have named the following designees for purposes of this Agreement:
FPL Corporate Contact
Louis Gonzalez
Special Consumer Services Coordinator
P. O. Box 029100
Miami, FL 33102-9100
(305) 442-5801
FPL Area/Regional Contact
Dianne Verner
East Area Special Consumer Services Mgr.
6001 Village Blvd, CSC/CSE
West Palm Beach FL 33407
Phone: 561-640-2540
Agency Contact
Jason Brown
Director of the Office of
Management and Budget
1801 27th Street
Vero Beach, FL 32960
(772) 226-1214
Agency Contact
Bradley Bernauer
Human Services Program Manager
c/o Gifford Health Center
467528 th Court
Vero Beach, FL 32967
(772) 226-1422
FPL care To Share Program Agreement (rev 2013-1015)
110
The Parties understand this program is designed to be flexible to the current !needs of
the community, and modifications may be made from time to time to make the
program more effective. Any modifications to this Agreement must be by mutual
agreement of the Parties in form of a written amendment.
VIII. Miscellaneous
FPL may terminate this agreement at any time without liability to any party. In no
event shall either party hereto be liable to the other for consequential, special,
exemplary, indirect or incidental losses or damages under the agreement, including
loss of use, cost of capital, loss of goodwill, lost revenues or loss of profit, and
Agency and FPL each hereby release the other and each of such persons and
entities from any such liability. This agreement is governed by Florida law. THE
PARTIES HERETO WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL SY JURY
WITH RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS
AGREEMENT.
IX. Approvals
Upon its execution, this Agreement shall supersede any previous agreements and
remain in force for five years -- from January 1St, 2014 to December 31St, 2018.
Either party has the right at any time on ninety (90) days written notice to the other to
terminate or amend the Agreement. Should this occur, any remaining funds will be
returned to FPL along with a complete accounting.
IN WITNESS WHEREOF, Florida Power & Light Company and the Agency caused
this Agreement to be executed on the date indicated below.
FPL
Florida Power & Light Company
P.O. Box 029100
Miami, FL 33102-9100
Aqency
Board of County Commissioners
Indian River County, Florida
Mr. Louis Gonzalez Jr Peter D. O'Bryan
(Print Name) (Print Name)
Special Consumer Svcs Coordinator
(Title)
(Signature /Date)
Chairman
(Title)
(Signature /Date)
FPL Care To Share Program Agreement dev 2013-1015)
� 9 9 (,
111
APPROVED BY BOARD of COUNTY
COMMISSION: December 10, 2013
G
ATTEST: Jeffrey R. Smith, Clerk of Court
and Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency:
h
Dylan Reingold, County Attorney
Indian River County, Florida
Approved:
=1
;eph A. Baird, County Administrator
ian River County, Florida
Indian River County
Approved
Date
Administration
it 3
County Attorney
Budget
Department
Risk Management
END
9 g
FPL Care To Share Program Agreement (rev 12013-1015)
112
CONSENT AGENDA
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: December 2, 2013
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County AdministratprN
Jason E. Brown, Budget Director ( y
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Approval of Bid Award for IRC Bid No. 2014015 and Request for Budget
Amendment
Gifford Park Ballfields Grading Improvements
BACKGROUND:
The Public Works Department/Engineering Division requested the solicitation of bids on',behalf of
the General Services Department for upgrades to the ballfields at Gifford Park. As budg1pted, the
original project included of the removal of existing grass, re -grading, re -grassing by sprigs and
irrigation improvements of the existing Football and Senior Softball fields at Gifford Park. After
staff met with community leaders as part of the Gifford Neighborhood Planning Process and with
the Gifford Little League Board of Directors, the project was expanded to include improvements to
the Little League Field, replacement of existing dugouts, and relocation of existing fencing around
the Softball Field. Alternates were also included in the bid for the addition of off field safety
lighting and for the installation of two storage sheds to enhance the project's value to the
community.
BID RESULTS:
Bid Opening Date: November 20, 2013
Advertising Date: October 16, 2013
Demandstar Broadcast to: 585 Suppliers
Specifications/Plans Purchased by: 14 Vendors
Replies: 5 Vendors
F.\Budget\Jason\agenda 201314\Gifford Ballfield Bid Award Agenda-2014015.doc
113
CONSENT APENDA
BID RESULTS:
Bids received were:
*Mathematical errors noted during bid evaluation. Corrected bid prices are retiectea anove.
The Engineering Division reviewed bids and has determined Summit Construction of Veno Beach,
LLC to have submitted the lowest most responsive and responsible bid.
ENGINEER'S ESTIMATE:
The engineer's estimate for the work, including alternates was $196,728. Some cost savings can be
realized if County staff is utilized for completion of required record drawings/as-built drawings by
(bid item 3) and construction of two concrete benches (bid item 17). These items accounted for
$3,570 and $4,200, respectively, on the overall low bidder's itemized bid schedule. Deduction of
these items from the total bid price would result in an overall cost savings of $7,770, and reduce
the overall project cost to $378,742.36.
SOURCE OF FUNDS:
Funding in the amount of $160,000 has previously been approved for the original scope of the project
from Optional Sales Tax. Due primarily items added by County staff in response to feedback received
from the community leaders, additional funding of approximately $220,000 is needed for the''proposed
project. Staff recommends utilizing Optional Sales Tax Cash Forward to fund the differential.
Account Number Account Description Budget Am unt
315039-389040 Optional Sales Tax — Cash Forward Oct. 1 $30,000
F:\Budget\Jason\agenda 201314\Gifford Ballfield Bid Award Agenda -2014015. doc
114
Alternate 1
Alternate 2
Total Bid
Bidder
Location
Base Bid Price
(lights and
(two storage
(with
Installation)
sheds)
alternates)
Santa Cruz
Merritt
$395,173.00*
$91,100.00
$34,800.00
$521,073.00
Construction Inc.
Island
Sports Turf One,
Boynton
$273,459.49
$51,804.00
$72,940.00
$398,203.49
Inc.
Beach
Summit
Construction of
Vero
$345,352.36
$10,500.00
$30,660.00
$386,512.36
Beach
Vero Beach, LLC
Sunshine Land
Stuart
$337,648.11
$56,658.25
$60,984.00
$455;290.36
Design, Inc.
Timothy Rose
Vero
$344, 254.66*
$17,520.00
$27,110.52
$388885.18
Contracting, Inc
Beach
*Mathematical errors noted during bid evaluation. Corrected bid prices are retiectea anove.
The Engineering Division reviewed bids and has determined Summit Construction of Veno Beach,
LLC to have submitted the lowest most responsive and responsible bid.
ENGINEER'S ESTIMATE:
The engineer's estimate for the work, including alternates was $196,728. Some cost savings can be
realized if County staff is utilized for completion of required record drawings/as-built drawings by
(bid item 3) and construction of two concrete benches (bid item 17). These items accounted for
$3,570 and $4,200, respectively, on the overall low bidder's itemized bid schedule. Deduction of
these items from the total bid price would result in an overall cost savings of $7,770, and reduce
the overall project cost to $378,742.36.
SOURCE OF FUNDS:
Funding in the amount of $160,000 has previously been approved for the original scope of the project
from Optional Sales Tax. Due primarily items added by County staff in response to feedback received
from the community leaders, additional funding of approximately $220,000 is needed for the''proposed
project. Staff recommends utilizing Optional Sales Tax Cash Forward to fund the differential.
Account Number Account Description Budget Am unt
315039-389040 Optional Sales Tax — Cash Forward Oct. 1 $30,000
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114
CONSENT AGENDA
RECOMMENDATION:
Staff recommends awarding the total bid with both alternates (totaling $386,512.36) to Summit
�- Construction of Vero Beach, LLC., as the lowest responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid.
Staff further requests that the Board of County Commissioners approve the attached sample
agreement and Change Order #1, deducting line items 3 and 17 from Summit's bid (reducing the
total project price to $378,742.36), and authorize the Chairman to execute both after'',they have
been approved by the County Attorney as to form and legal sufficiency, and after receipt and
approval of the required Public Construction Bond.
Finally, staff recommends the Board authorize the necessary budget amendment to provide
additional funding in the amount of $220,000 from Optional Sales Tax Cash Forward.
ATTACHMENTS:
Bid Breakdown
Sample Agreement and Change Order #1
APPROVED AGENDA ITEM
` Indian River Co
Admin
By: Legal
seph Al Baird, County Administrator Budget
Public Works
General Services
FOR: /`O. ,?0/3
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115
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SECTION 00520 - Agreement (Public Works)
TABLE OF CONTENTS
Title
ARTICLE 1 - WORK ...............................
P_ aqe
.....................................................................................2
ARTICLE 2 - THE PROJECT.................................................................................................................2
ARTICLE 3 — ENGINEER........................................................................................................................2
ARTICLE 4 - CONTRACT TIMES.............................................................................................'.............2
ARTICLE 5 - CONTRACT PRICE..........................................................................................................3
ARTICLE 6 - PAYMENT PROCEDURES..............................................................................................3
ARTICLE 7 - INDEMNIFICATION........................................................................................... ...........5
ARTICLE S - CONTRACTOR'S REPRESENTATIONS......................................................................5
ARTICLE 9 - CONTRACT DOCUMENTS.............................................................................................6
ARTICLE 10 - MISCELLANEOUS........................................................................................................7
[THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY]
00520 - Agreement (Public Works) REV 04-07.doc
00520- 1
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SECTION 00520 - Agreement (Public Works)
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
.«� State of Florida organized and existing under the Laws of the State of Florida, (hereinaftier called
OWNER)
and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the ',Contract
Documents. The Work is generally described as follows:
Project consists of the removal of existing grass, re -grading, re -grassing by sprigs
and irrigation improvements of the existing Football, Senior Softball and Little
League Fields at Gifford Park. Also included in this project is the replacement,, of
existing dugouts and relocation of existing fencing around Softball Field.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole',or only a
part is generally described as follows:
Project Name: Gifford Park Ballfields Grading Improvements
County Project Number: 1336
Bid Number: 2014015
Project Address: 4715 43rd Avenue Vero Beach, Fl.
ARTICLE 3 — ENGINEER
3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER
and will act as OWNER's representative, assume all duties and responsibilities, and have
the rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Final Completion, and readiness for final payment as
stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Final Completion and Final Payment
A. The Work will be completed and ready for final payment in accordance with paragraph
14.07 of the General Conditions on or before the 293rd calendar day after the date when
the Contract Times commence to run. (minus holidays and suspended time)
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B. This project will be completed in three phases
Phase L Includes the following work to the "Little League Field", removal of a "lip" at
the edge of the infield and existing grass, and filling in a dip in the outfield. Fill-in will be
with 4" thick clay material and will create an extended infield area.
Phase I will begin on December 18, 2013 and will be complete no later than January
8, 2014. (20 calendar days) (Work and time suspended from January 9, 2014
through January 26, 2014)
Phase 11: Includes all work on the "Football Field and "Senior Softball Field" and the
installation of the new light poles along the drive.
This work will commence on January 27, 2014 and will be ready for final completion
August 27, 2014. (210 calendar days.)
Phase III: Includes the work on the "Little League Field" including removal of existing
outfield fence.
Phase III work will commence on June 30, 2014 and shall be finished and ready for
play on October 31, 2014. (122 calendar days)
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within ;the times
specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. Liquidated damages will commence for thisl, portion of
work. The parties also recognize the delays, expense, and difficulties involved in proving in
a legal proceeding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall
pay OWNER $278.00 for each calendar day that expires after the time specified in
paragraph 4.02.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an, exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract::
Numerical Amount: $
Written Amount:
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
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A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14
of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Do uments.
6.02 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of
the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent
(10%) of the payment amounts due to the CONTRACTOR until fifty percent
(50%) completion of the work. After fifty percent (50%) completion of toe work is
attained as certified to OWNER by ENGINEER in writing, OWNER shall retain
five percent (5%) of the payment amount due to CONTRACTOR ;until final
completion and acceptance of all work to be performed by CONTRACTOR under
the Contract Documents. Pursuant to Florida Statutes section 218.735(o)(b), fifty
percent (50%) completion means the point at which the County as OWNER has
expended fifty percent (50%) of the total cost of the construction sear ces work
purchased under the Contract Documents, together with all costs assoc ated with
existing change orders and other additions or modifications to the construction
services work provided under the Contract Documents.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application for
payment form supplied by OWNER and the application for payment shall contain
the CONTRACTOR'S certification. All progress payments will be on the basis of
progress of the work measured by the schedule of values established,' or in the
case of unit price work based on the number of units completed. After fifty
percent (50%) completion, and pursuant to Florida Statutes' section
218.735(8)(d), the CONTRACTOR may submit a pay request to the ounty as
OWNER for up to one half (1/2) of the retainage held by the County as OWNER,
and the County as OWNER shall promptly make payment to the CONTRACTOR
unless such amounts are the subject of a good faith dispute; the subject of a
claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject
of a claim or demand by the County as OWNER or the CONTRACTOR. The
CONTRACTOR acknowledges that where such retainage is attributable to the
labor, services, or materials supplied by one or more subcontractors or suppliers,
the Contractor shall timely remit payment of such retainage Ito those
subcontractors and suppliers. Pursuant to Florida Statutesi section
218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1)
the County as OWNER shall receive immediate written notice of all decisions
made by CONTRACTOR to withhold retainage on any subcontractor at greater
than five percent (5%) after fifty percent (50%) completion;', and 2)
CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the
County as OWNER which are paid for, in whole or in part, with federal funds and are subject to
federal grantor laws and regulations or requirements that are contrary to any provis on of the
Local Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
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6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with' the work
under this Contract and for every act and neglect of the OWNER and others
relating to or arising out of the work. Any payment, however, final or otherwise,
shall not release the CONTRACTOR or its sureties from any obligations under
the Contract Documents or the Public Construction Bond.
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied) as to the
�.. general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local, Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the Site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the Site which have been
identified in the Supplementary Conditions as provided in paragraph 4.06 of the General
Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work
or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by CONTRACTOR, including applying the
specific means, methods, techniques, sequences, and procedures of constructlion, if any,
expressly required by the Contract Documents to be employed by CONTRACTOR, and
safety precautions and programs incident thereto
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F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
,,w conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-9, inclusive);
2. Notice to Proceed (page 00550-1)
3. Public Construction Bond (pages 00610 to 00610-3, inclusive);
4. Sample Certificate of Liability Insurance (page 00620-1);
5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive);
6. General Conditions (pages 00700-1 to 00700-43, inclusive);
7. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive);
8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical
Provisions);
9. Drawings consisting of a cover sheet and sheets numbered 1 through 10,', inclusive,
with each sheet bearing the following general title: Gifford Park Ballfieldo Grading
Improvements;
10. Addenda (numbers to inclusive);
11. Appendices to this Agreement (enumerated as follows):
12. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive)
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13. Bid Bond (pages 00430-1 inclusive), Qualifications Questionnaire (pages 0456-1 to
00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive).
.. 14. Sworn Statement Under Section 105.08, Indian River County Code, on Di8:closure of
Relationships (pages 00452-1 to 00452-2, inclusive)
15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive)
16. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
17. Contractor's Final Certificate of the Work (page 00632 — 1 & 2 of the Specifications)
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys
that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assilgns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
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10.05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this1 Contract
shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the
United States District Court for the Southern District of Florida.
10.06 Other Provisions
[The remainder of page intentionally left blank]
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions
of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on
their behalf.
This Agreement will be effective on , 20_ (the date the Contract is approved
by the Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement).
OWNER:
INDIAN RIVER COUNTY
, Chairman
Joseph A. Baird, County Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIEN Y-.
S
l: Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: Christopher J. Kafer, Jr., P. E.
Title: County Engineer
1801 27th Street
Vero Beach, Florida 32960
(772) 226-1221
Facsimile: (772) 778-9391
CONTRACTOR
(Contractor)
(CORPORATE SEAL)
Attest
Address for giving notices:
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
(If CONTRACTOR is a c
partnership, attach evidence of
* * END OF SECTION * *
n or a
to sign.)
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125
SECTION 00942 - Change Order Form
No. 1
DATE OF ISSUANCE: EFFECTIVE DATE:
OWNER: Indian River County
CONTRACTOR Summit Construction of Vero Beach LLC
Project: Gifford Park Ballfields Grading Improvements
OWNER's Project No. 1336
ENGINEER's Bid No. 2014015
You are directed to make the following changes in the Contract Documents:
Description:
Remove Line Items 3 and 17 from work. These tasks will be completed by County staff.
Reason for Change Order:
Reduce contract price.
Attachments: (List documents supporting change)
Description of Itemized Changes
CHANGE IN CONTRACT PRICE:
Description
Amount
Original Contract Price
$386,512.36
Net Increase (Decrease) from
$ 7 770
previous Change Orders No.
Final Completion:
to
Net change from previous Change
Contract Price prior to this
$386,512.36
Change Order:
Substantial Completion:
Net increase (decrease) of
$ 7 770
this Change Order:
Contract Time prior to this Change
Contract Price with all
$378,742.36
approved Change Orders:
Substantial Completion:
ACCEPTED:
By:
CONTRACTOR (Signature)
Date:
CHANGE IN CONTRACT TIMES
Description
Time
Original Contract Time:
(days dr dates)
Substantial Completion:
Final Completion:
Net change from previous Change
Orders No. to
(days)
Substantial Completion:
0
Final Com letion:
0
Contract Time prior to this Change
Order:
(days or dates)
Substantial Completion:
Final Completion:
Net increase (decrease) this
(days or dates)
tantial Completion:
0
Final Com letion:
0
ith all approved
LChangeOrders:
(days or dates)
antial Completion:
Final Completion:
RECOMMENDED:
By:
ENGINEER (Signature)
Date:
APPROVED:
By:
OWNER (Signature)
Date:
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CHANGE ORDER No. 1
Description of Itemized Changes
GIFFORD PARK BALLFIELDS GRADING IMPROVEMENTS
PROJECTS NO. 1336 / BID NO. 2014015
Item
No.
Description
Unit
Quantity
Unit Price
Price
Increase
Price
Decrease
PRICE DECREASES
3
RECORD DRAWINGS/AS-BUILT DRAWINGS
1
LS
$3,570.00
b
$3,570.00
17
CONCRETE BENCH W/CONCRETE BLOCK
SUPPORTS (18'L X VW X 20" H) (SENIOR
SOFTBALL FIELD)
2
EA
$2,100.00
Qa
$4,200.00
GIFFORD PARK BALLFIELD GRADING IMPROVEMENTS SUBTOTAL $7,770.00
TOTAL $7,770.00
127
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
Of ce of
INDIAN
MEMORANDUM
Consent Agenda 12/10/2013
RIVER CO
ATTO
TO.- Board of County Commissioners
FROM: William K. DeBraal, Deputy County Attorney
Oil—
DATE: December 2, 2013
SUBJECT: First Amendment and Modification of Agreement for 16th Street Ball Fields
On August 20, 2013, the County and Indian River Sports Complex, Inc. entered into a ten
year lease agreement for the land commonly known as the 16th Street Ball Fields, (the
Property) located at the intersection of 16th Street and 17th Avenue, Vero Beach. An aerial
photo of the Property is attached to the proposed First Lease Amendment and Modification
as Exhibit "A". The 11.76 acre Property consists of three softball/little league/baseball
diamonds with lights, fencing, parking, concession, press boxes and announcers' booths.
The lease provides for Indian River Sports to make significant improvements to the
Property including changing the position of the ball fields.
Indian River County holds title to a 0.52 acre parcel of vacant land (Additio al Parcel)
abutting the Property to the north along its border with St. Francis Manor. An E erial photo
depicting the Additional Parcel is attached to the proposed First Amendment and
Modification as Exhibit "B". In order for Indian River Sports Complex to efficiently reposition
the existing ball fields and add an additional field, they desire to add the 0.52 acre vacant
land to its Leased Premises. The County has no current use for the Additional Parcel and
does not see a future use for the Additional Parcel. Staff has no objection to adding the
Additional Parcel to the Leased Premises.
Funding. No County Funding is required under this lease amendment and modiification.
_. D r oit ��e i ---
ENT AGENDA
128
First Amendment and
Street Ball Fields
December 2, 2013
Page 12
Modification of Agreement for 16th
Recommendation. Staff recommends approval of the First Amendment and Modification
of Agreement for 16th Street Ball Fields to include the 0.52 acre Additional Parcel in the
leased premises. Staff further recommends that the Board authorize the Chairman to
execute the document on behalf of the Board.
129
FIRST AMENDMENT AND MODIFICATION
OF
LEASE AGREEMENT
THIS FIRST AMENDMENT AND MODIFICATION OF AGREEMENT made and
entered into by and between INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, by and through its Board of County Commissioners,
whose address is 1801 27th Street, Vero Beach, Florida hereinafter referred to as
Lessor, and INDIAN RIVER SPORTS COMPLEX, INC., a Florida non-profit corporation
hereinafter referred to as Lessee:
WITNESSETH:
WHEREAS, on August 20, 2013, the Lessor did execute a Ten Year L ase with
the Lessee covering certain lands commonly known as the 16th Street B;II Fields,
located at the intersection of 16th Street and 17th Avenue, Vero Beach, Florida
(hereinafter the Property) an aerial photo is attached as Exhibit "A"; and
WHEREAS, the 11.76 acre Property consists of three s ftball/little
league/baseball diamonds with lights, fencing, parking, concession, press boxes and
announcers booths; and
WHEREAS, there exists a 0.52 acre parcel of vacant property (Additional Parcel)
owned by the Lessor abutting the Property to the north along the Property's border with
St. Francis Manor as depicted in the aerial photo attached as Exhibit "B"; and
WHEREAS, Lessee desires to add the 0.52 acre Additional Parcel to its Leased
Premises; and
WHEREAS, the Lessor has no use for the Additional Parcel and does �not see a
future use for the Additional Parcel; and
WHEREAS, the execution of the First Amendment and Modification Ihas been
duly authorized by the Lessor and accepted by the Lessee;
NOW, THEREFORE, upon the good and valuable consideration set forth in said
original Lease, the Lease is hereby Amended and Modified as followed:
A. That the real property depicted and described in Exhibit "B" attahed and
incorporated by reference herein, shall be added to the lease and beco a part of
the Property, together with all improvements thereon. The property de�cribed in
Exhibit "B" shall be subject to the terms of the ten year lease.
B. The Lessee shall be responsible for all maintenance of the Additional Parcel.
C. The Lessee shall cause the Additional Parcel to be covered under it' existing
policy of insurance and the County shall be named as an additional insured.
1
130
Proof of insurance of the Additional Parcel shall be provided to the County within
ten (10) days of execution of this lease amendment.
law D. This First Amendment and Modification is subject to all of the terms and
conditions of the original Lease executed on August 20, 2013, except as
amended by this agreement, so that the same shall constitute one Leas .
IN WITNESS WHEREOF, the undersigned have approved and ed this
First Amendment and Modification to Ten Year Lease, to take effect on thisxe !day
of
'2013.
Attest: Jeffrey R. Smith, Clerk of Court Indian River County, Florida
And Comptroller Board of County Commissio
By: Deputy Clerk
Witness:
Printed name:
Approved as to form and legal
Sufficiency.
el-" J/1/
(W�
William K. DeBraa
Deputy County Attorney
Attached: Exhibits "A" and "B"
2
Peter D. O'Bryan, Chairman
Indian River Sports Complex, loc.
By:
Its President
131
http://www.ircpa.org/PrintMap.aspx
7/23/2013
132
In
[L=X`IIBIT"8"�� ���
http://www.ircpa.org/PrintMap.aspx
11/22/2013
*beriff
4055 41st AVENUE
December 3, 2013
DERYL LOA • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS' ASSOCIATION
MEMBER OF NATIONAL SHERIFFS' ASSOCIATION
VERO BEACH, FLORIDA 32960-1802
The Honorable Peter D. O'Bryan, Chairman
Indian River Board of County Commissioners
180127 th Street
Vero Beach, FL 32960-3388
Re: Forfeiture Trust Fund
Dear Chairman O'Bryan:
Florida Statute 932.7055, the Florida Contraband Forfeiture Act, provides that proceeds
earned from the forfeiture of real or personal property shall be used for providing additi
equipment and may not be used to meet normal operating expenses of the law enforcem
These funds are the direct result of our deputies' diligent law enforcement efforts and ar
�— mainly from drug related offenses. None of the funds are derived from county tax dolla
Pursuant to the above statute, I am requesting that $47,287.00 from our Law Enforc
Fund be used to purchase one hundred thirty two (132) external vest carriers. This 1
essential in the implementation of a mandatory wear policy of designated deputies.
PHONE (772) 569-6700
and interest
Inal
n agency.
derived
Trust
tent is
Please place this item under Constitutional Officers for the December l Oth board agend . If you
have any questions or require additional information, please contact me at 978-6406.
Thank you for your consideration.
Sincerely,
Deryl Loar, Sheriff
DL:heh
cc: Joseph A. Baird, County Administrator
Jason E. Brown, OMB Director
Harry E. Hall, Comptroller
IJ
The 173rd International - Accredited Lai',- E iforceinent Agency
Accredited by the Commission on Accreditation for LaNN EnforcementAge.ncies, Incorporated
134
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
.�j
FROM: Stan Boling, AICP
Planning Director
DATE: November 25, 2013
SUBJECT: Consideration of Amendment to Land Development Regulations (:
915.20(8) to Allow Drive-through and Drive -up Facilities in M
(Planned Developments) [LDRA-13-12-01 / 2013090051-71480]
N
3) Section
Use PDs
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its regular meeting of December 10, 2013.
BACKGROUND
In 2012, the County adopted regulations for mixed use PD (planned development) projects, allowing
projects with a mix of residential and commercial uses on certain residentially designated properties,
,,,,,,w subject to various criteria. Those regulations implemented Future Land Use Policy 5.6 which was
adopted in 2010 and provides for mixed use PDs. In 2013, the county modified the mixed use
regulations to allow a limited amount of up -front commercial development within ixed use
projects.
Prior to the 2013 change, no mixed use projects had been proposed. Since the 2013 change, two
mixed use projects have been proposed at the pre -application level, and staff anticipates that a
formal application will soon be filed for each of those two projects. For one of those mixed use
projects, the developer desires to incorporate a restaurant with a drive-through or drive -up facility as
part of the project. Under current regulations, restaurants are allowed in mixed use PDs, ut drive-
through or drive -up restaurants are not allowed.
On behalf of the referenced mixed use project developer, Attorney Bruce Barkett has cojordinated
with staff and filed an LDR amendment to allow restaurants with drive-through or drive-u� facilities
within mixed use PDs, subject to certain criteria.
• PZC Hearing
At its meeting of November 14, 2013, the Planning & Zoning Commission (PZC)
recommend that the Board of County Commissioners adopt the proposed ame
attachment #3).
F:ACommunity Deve1opment\CurDevABCC\2013 BCC\915drive-thrusandups. doc
5-0 to
t (see
135
ANALYSIS
As adopted, the County's mixed use policy and implementing regulations serve the o jective of
having a diverse mix of land uses, development patterns, housing densities, and housing types. To
achieve that objective, the County requires that mixed use projects be developed as PD (planned
developments) to provide necessary project design control and ensure that specific design criteria are
adequately addressed up -front with initial project approval. Several of those specific desi n criteria
are structured to ensure that the commercial component of mixed use PD projects is integrated into
the residential component of the project and is located and designed in a manner that is compatible
with residential areas within and adjacent to the mixed use PD. Consequently, commercial uses
within mixed use PDs are limited to lodging, institutional, personal services, retail (excluding gas
stations but including fuel sales), and restaurants, because those types of commercial u es can be
integrated into a residential area and be designed for compatibility with residential uses
Currently, the mixed use criteria allow banks and pharmacies with drive -up facilities and allow
restaurants, but they do not allow restaurants with drive -up or drive-through facilities. The reason
that banks and pharmacy drive -up facilities are allowed is because such facilities are typically
designed in a manner that does not dominate or wrap around the bank or pharmacy building and cut
off convenient pedestrian traffic to the building. Conversely, drive -up and drive-throug facilities
for restaurants, particularly fast-food restaurants such as McDonalds, are now typically designed
with drive-through facilities and queuing lanes that wrap around three sides of the restaurant
building and impede convenient pedestrian traffic to the building from off-site and even from on-site
parking areas. In addition, idling cars and speaker systems used with drive-through order boards can
create adverse noise impacts on adjacent residential uses, especially when facilities are used at night.
Because motorist -dominant fast-food restaurant designs do not integrate well with pedestrian traffic
from adjacent residential areas, and because idling cars and order board outdoor speakers stems can
create noise nuisances for nearby residences, restaurant drive-up/drive-through facilities were not
considered appropriate for mixed use projects at the time the existing criteria were dev loped.
Although some fast-food restaurant drive-up/drive-through facilities conflict with c nvenient
pedestrian traffic, some restaurant drive-through designs do not. For example, the Sonny's BBQ
restaurant at 5001 201h Street is a restaurant with a drive-through facility that does not impede
pedestrian access to the building and does not dominate the sides of the restaurant building visible
from the adjacent public street (SR60). Developed as a commercial PD project with a drive-through
facility on two sides of the restaurant, Sonny's has its order board and vehicle queue located far from
nearby residential areas, provides convenient pedestrian access to the building, and effectively
screens the drive-through facility from the SR60 vantage point. Because drive-through fa ilities for
restaurants can be carefully located and designed in a manner that provides for adequate pedestrian
access and visual screening from adjacent public roads, staff's position is that it is appropriate to
allow such facilities for restaurants in mixed use PDs, subject to design and locational criteria.
• Proposed Criteria for Restaurant Drive-through Facilities in Mixed Use
As structured, the proposed ordinance allows restaurants with drive-through and drive -up facilities
in mixed use PDs subject to six criteria. One proposed criterion prohibits drive-through facilities
from being located adjacent to off-site residential uses to ensure that idling cars and order board
F:ACommunity Deve1opment\CurDevA13CC\2013 BCC\915drive-thrusandups.doc 2
136
outdoor speaker systems do not create nuisances for adjacent residents. The other fi
criteria ensure that a restaurant drive-through facility is designed to:
• Wrap around no more than two sides of the restaurant building and provide
convenient pedestrian access to the building
• Provide well articulated and conspicuous pedestrian routes into the building
• Provide visual screening from adjacent public roads and major access drivew
• Minimize noise impacts from order boards and vehicle queues on adjacent res
• Minimize outdoor lighting impacts on adjacent residential uses
Staff has determined that the six proposed criteria are adequate to ensure that restat
through facilities in mixed use PDs are located and designed to be compatible wi
residential uses and to provide safe and convenient pedestrian access to restaurant bu
manner that allows the restaurant use to be integrated into the project's adjacent resid
Staff has also determined that the proposed LDR amendment is consistent with compreh
policies, including Future Land Use Element Policy 5.6, and does not conflict with
interest or any other LDRs.
• Impacts on Development Costs and Affordable Housing
proposed
safe and
uses
1t drive -
adjacent
,ngs in a
ial area.
>ive plan
e public
The proposed amendment to the mixed use development requirements of Chapter 915 w'll expand
flexibility for development of restaurants within mixed use projects and will no increase
development costs, including the cost of developing housing.
RECOMMENDATION
Staff recommends that the Board of County Commissioners adopt the proposed
ATTACHMENTS
1. LDR Amendment Application
2. Future Land Use Element Policy 5.6 (mixed use policy)
3. Draft Minutes from November 14, 2013 PZC Meeting
4. Proposed LDR Amendment Ordinance
APPROVED AGENDA ITEM:
FOR: December 10, 2013
Indian River Co,
Approved
E
ate
Admin.
j
Legal
Budget
Dept.
,
1-2.1
Ll 19
t /16/13
Risk Mgr.
F:\Community Deve1opment\CurDev\BCC\2013 BCC\915drive-thrusandups.doc
3
137
LAND DEVELOPMENT REGULATION (LDXL) AMENDMENT .APPLICATION
ASSIGNED FILE NUMBER: L DRA-
APPLICANT: (PLEASE PRINT) AGZNT: (PLEASE PRINT) L D Q #9 - I
Bruce Barkett Bruce Barkef
NAME i1AME
SR 60 VERO LLC Collins, Brown, Caldwell_ of m
COMPANY NAME
756 Beachland Blvd.
ADDRESS
Vero Beach, Florida 32963
CITY, STATE, & ZIP
772-231-4343
PHONE
bb@verolaw.com
EMAIL ADDRESS
Bruce Barkett
CONTACT PERSON
COMPANY NAME -7
756 Beachland Blvd.
ADDRESS
Vero Beach, Florida 32963
=, STATE, & ZIP
772-231-4343
PHONE
EMAT ADDRESS
CONTACT PERSON
SIGNATURE OF APPLXCANT OR AGENT
I. (PROJECT/REQUEST DESCRIPTION)
CHAPTER(s)/SECTION(s) OF LAND DEVELOPMENT REGULATIONS PROPOSED
AMENDMENT: Amend Section 915.20 (8) by deleting "Drive-thru anH Hriva-I to fne ili+ioe
W
II. PURPOSE OF REQUEST: (attached additional sheets if necessary)
This revision will allow drive-thru and drive -up facilities for ne
in
180127" Street, Vero Beach FL 32960
FACommunity DevctopmontlUun%OlrDtvkApplicatioralLDR Ammdnrnl App,&c Rcviud 7anuM 2011 Page 1 of 2
FOR
138
M. JUSTIFICATION FOR REQUEST: (attach additional sheets if necessary)
By the use of modem and creative site planning and desi n restaurants with drive -
and drive-thru facilities may be utilized in mixed use PD's without interruntina
pedestrian traffic flow, while maintaining the neighborhood characteristics desired in tale
the current lifestyles of modern families. Take-out and take-home meals are more
The applicant is encouraged to seek a pre -application conference with the Community
Department staff in order to resolve or avoid problems related with the LDR text amendment p
IV. A check or money order made payable to Indian River County or cash in the amount of
must accompany this application.
1 �r i 270i Street, Vero Beach FL 32960
F.,\Commnueity Development\Usm\CLtTDov\AppBcaGom\LDR Amendment App,doc Revised J,muary 1011 Page 2 of 2
139
BRUCE D. BARKETT 7
IBI/
LISA THOMPSON BARNES
CALVIN B. BROWN
GEORGE G. COLLINS. JR. Z
JANET CARNEY GROOM L;a
MICHAEL J. GARAVAGLIA a
RONALD KEITH LAWN 4,s
NXNOLAS L. BRUCE
AARON v. JOHNSON
C. OOUGLAS VTTUNAC
WILLIAM W. CAL.PWO-L. OF COUNSEL
STEVEN L. HENDERSON. OF COUNSEL 2
Stan Boling
Planning Director —
Indian River County
1801 27'� Street
Vero Beach, FL 32960
Coflims, BrOW11, GILA,
use P.D.s
Barlett, GYaravagh- & Lawn
CHARTERED
BOARD CERT1F7m CC
ATTORNEYS AT LAW
Z BOARD CERTIFIED RE
means which provide clear visibility.
BOARD CERTIFIED BL
7S6 BEACHLAND BOULEVARD, VERO BEACH, FLORIDA 32963
4 MASTER OF LAWS TA
POST OFFICE BOX 3686. VERO BEACH, FL 32964-3686
5 MASTER OF LAWS REA
serve the restaurant. In addition, drive-through circulation shall not "wrap around"
6 MASTER OF LAWS ESU
than two sides of the restaurant building.
03tTIPIED CINCI)IT MI
TELEi�FiONE: 772-231-4343
8 ALSO ADMITTED IN AI
772-234-5213
g ALSO ADMITTED IN DI
,.,,,�..//�� ��FAC:SIMILE:
EMAIL: CDC@V FtOLAW.COM . WEBsm WWW.VEROLAW.COM
10 ALSO ADMITTED IN G1
October 22, 2013
71 ALSO ADMITTED IN TI.
C. Outdoor lighting shall be designed to minimize impacts on adjacent residen
THE BAHAMAS . W-
within the mixed use PD and outside the PD.
1•
� J
f
RE: MXD ordinance amendment: standards for drive-through restaurant
Dear Stan:ti
STRUCTION LAW
L ESTATE
NESS LOIGATIOg1
ATION
PROPERTY DEVMAPMENr
E PLANMRG AND ELDER LAW
IATOA
AND SC
COMMONWEALTH OF
Based upon our discussions today, I propose the following criteria for the proposed
amendment:
"Drive-through and drive -up facilities for restaurants are allowed in mixed
use P.D.s
subject to the following criteria:"
a. The project design shall provide conspicuous and well articulated pedestrian
routes
clearly signed and marked by decorative paving, textured or colored paving, or
similar
means which provide clear visibility.
b. Drive-through circulation patterns shall not adversely impact safe and corivenient
pedestrian access from adjacent residential areas, public sidewalks, and parking areas
that
serve the restaurant. In addition, drive-through circulation shall not "wrap around"
more
than two sides of the restaurant building.
C. Drive-through facility shall not be located adjacent to an off-site property with
xisting
residential use, residential zoning, or residential land use designation.
d. Order board for the drive-through facility shall be located to minimize noise impacts
on
adjacent residential uses within the mixed use PD and outside the PD.
C. Outdoor lighting shall be designed to minimize impacts on adjacent residen
al uses
within the mixed use PD and outside the PD.
Please let me know if these criteria are acceptable.
cry truly y urs,
Bruce Barkett
WBI- For the Firm
BB:bb I
1i i
REAL PROPERTY LAW 6 REAL ESTATE CLOSMGS, PLANNING, ZONING, LAND USE LAW . WILLS. TAUST & ESTATE PLJWNM . CIVIL 6 BUSINESS TRIAL PRACTICE . COR ORAWE Ir. BUSINESS ORUANM=31147..
CONSTRUCTION LAW • INSLIRANC.E LAW . HEALTH LAW . PERSONAL INJURY AND WRONGFUL DEJQH . CRIMINAL.. PROBgII 8 TR RLS, ADMIMSTR,4UMN • FAULy LAW
140
Mixed Use Policy
Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing mix
in residentially-designated areas. All mixed use PDs in residentially designated areas shall
the following criteria:
Development Parameters
The maximum project area for a mixed use PD in i residential area shall
Mixed use projects exceeding 40 acres shall be designed as Traditional N
Design (TND) developments and shall comply with Future Land Use Eler,
18.1, 18.2, and 18.3.
use PDs
.et all of
40 acres.
t Policies
2. Mixed use PDs shall be limited to areas designated L-1, L-2, M-1, and M-2 and shall be
located along SR 60, US 1, Indian River Blvd., 58th Avenue, CR 510 (west of the Indian
River Lagoon), CR 512, or Oslo Road. Alternatively, mixed use PDs in M- I and M-2
designated areas may be located on sites that are adjacent to C/i nodes.
Mix of Uses
3. To ensure that mixed use PDs contain an appropriate mix of residential and c mmercial
uses, commercial uses shall be allowed to constitute no more than 25% of a project's land
area.
4. The vertical mixing of uses is allowed and strongly encouraged. Where residential and/or
office uses are designed and located above commercial uses, the amount of commercial area
may constitute up to 30% of the project's land area.
5. For purposes of these mixed use regulations, commercial area shall include uildings,
parking areas, and adjacent improvements that serve commercial uses. Open space areas and
common areas/improvements that are shared with residential uses, however, shall not be
treated as commercial area.
6. Commercial uses allowed in mixed-use PDs shall be limited to lodging,
retail (including fuel sales), personal service, and restaurant uses
7. Within mixed use PDs, the Floor Area Ratio (FAR) for commercial uses shall be
the commercial area. For the commercial area, the maximum FAR shall be 0.35
8. Within mixed use PDs, the maximum number of allowable residential units shall
by applying the applicable comprehensive plan land use designation density al.
the entire area of the project and, in addition, may include any applicable densit
9. Within mixed use PDs, commercial areas maybe internal to the projector may
along a project's boundary, where such boundary abuts a thoroughfare road or is
C/I-designated property. Where such commercial uses would face residential u,
outside the project, buffering and compatibility improvements shall be required 1
any adverse impacts.
ATTACHMENT #2
office,
to
derived
,ance to
e located
ljacentto
s located
mitigate
141
Mixed Use Policy
10. On -street parking shall be allowed within mixed use projects.
11. All mixed use PDs shall be designed to include a transit stop within the
Building_ Design and Setbacks
12. Within mixed use PDs, common architectural themes, conunon hardscape
themes, and multiple pedestrian connections shall be required to integrate n
uses with residential uses. Common architectural themes shall apply to both co
residential areas of the project.
13. Within mixed use PDs, no individual commercial building shall exceed 25
commercial floor area. Lodging uses shall be exempt from this limitation.
signage
idential
cial and
sq. ft. in
14. Where a nonresidential building in a mixed use PD is adjacent to residential buildings
located outside the project, the nonresidential buildings shall be compatible w th nearby
residential buildings. The scale of such nonresidential buildings may be minimized by
articulating the building's mass, using sloped roofs instead flat roofs screened b parapets,
and/or by planting canopy trees around the building's foundation. For residential buildings
adjacent to a mixed use PD, an existing buffer may be used to satisfy the co patibility
requirement.
Street Network
15. Each mixed use PD shall offer alternative routes and connections between
within the project and to appropriate uses on adjacent sites by designing and ci
street network that consists of a grid or modified grid pattern that ac
connections to appropriate uses on adjacent sites
a
16. The project shall contain a network of interconnected streets, sidewalks, and pathways.
Streets shall be designed to balance pedestrian and automobile needs, to discourage high
automobile speeds, to effectively and efficiently accommodate transit systems, and to
distribute and diffuse traffic rather than concentrate it.
17. Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk
automobile traffic.
Timing of Construction
18. In each mixed use PD, no more than 3 acres or 50% of the total commercial art
whichever is greater, shall be constructed until at least 25% of the proposed
development has been constructed, and no certificate of occupancy shall be
commercial area exceeding 3 acres or 50% of the total commercial area allowed,
is greater, unless at least 25% of the total residential development has received i
of occupancy.
ATTACHMENT #2
•eas from
allowed,
sidential
sued for
hichever
rtificates
142
mentioned the tower was a replacement facility and the existing facil
remain operational while the proposed facility was being built; however
tower was required to be removed within a time frame after the nE
became operational.
Ms. Lauralee Westine, Ms. Mary Guy and Ms."Sharon
representing the applicant, came forward and stated theX agreed
conditions recommended by IRC staff. ,i
Vice -Chairman Brognano closed the public hearr'rig at 7:11 p.m.
ON MOTION BY Dr. Day, SE NDED BY Mr.
Stewart, the members voted animously (5-0) to
grant administrative permit/, se approval for the
replacement stealth wireless communications
facility as presented, witti�staff's conditions.
Vice -Chairman Brognano read the following into the record:
B. Vero I, LLC's R94uest for Administrative Permit Use App
Boat Sales & ental Business to be Known as Marine C
[AA -14-01-0 /Z 96110082-71526]
ty wo d
the Ider
tower
Dingus,
with the
val for a
nnection
Mr. McCoy r iewed the information contained in his memorand m dated
November 14, 7ission
3 and gave a PowerPoint presentation, copies of whi h are on
file in the Com Office.
Vic Chairman Brognano opened the public hearing at 7:15 p.m
no one fished to speak, the public hearing was closed.
ON MOTION BY Mr. Stewart, SECONDED BY Dr.
Day, the members voted unanimously (5-0) to grant
administrative permit use approval for the boat
sales and rental business as presented, with staff's
condition.
Public Hearings
Vice -Chairman Brognano read the following into the record:
A. Consideration of Amendment to Land Development R
(LDRs) Section 915.20(8) to Allow Drive-through and
Facilities in Mixed Use PDs (Planned Developments).
PZC/Unapproved 3
F:\BCCWII Committees\P&Z\2013 — AGENDAS & MINUTES\P&Z-11-14-13.doc
A"ACHMENT 3
since
3ulations
Drive -up
,pplicant:
Novemb$r 14, 2013
143
attorney Bruce Barkett [LDRA-13-12-01 / 201309005 -714801
[Legislative]
Mr. Boling reviewed the information contained in his memorandum dated
November 1, 2013 and gave a PowerPoint presentation, copies of whicl are on
file in the Commission Office. He concluded with staff's recommendatior that the
PZC recommend that the Board of County Commissioners (BCC) adopt the
proposed ordinance to allow drive-through and drive -up facilities in Mi ed Use
PDs.
Mr. Rednour asked how far the residential property had to be froa drive-
through.
Mr. Boling responded staff did not propose a particular dista ce and
thought it might depend on the type of residential property and any buffering that
may be between it and the drive-through; so it would be design based depending
on where the residential buildings were.
Vice -Chairman Brognano opened the public hearing at 7:25 p.m. and since
no one wished to speak, the public hearing was closed.
ON MOTION BY Mr. Rednour, SECONDED BY Mr.
- Stewart, the members voted unanimously (5-0) to
approve staff's recommendation.
Vice -Chairman Brognano read the following into the record:
B. Consideration of Amendments to Land D"opment Re
ulations
(LDRs) Chapter 911, Zoning; C apter 912, Sin
le -family
Development; and Chapter 974,Ise and Vibration Control,
to
Regulate the Location and So ndMitigation of Outdoor Mechanical
Equipment in Planned D elopments and Small -lot Su
divisions
with Reduced Setbacks to Minimize Potenti
I Noise
;Yar
Disturbance to Acent Properties. County -initiated. [Legi
lative]
Mr. Roland De bis, IRC Chief of Environmental Planning a d Code
Enforcement, revi ed the information contained in his memorandu dated
November 5, M3 and gave a PowerPoint presentation, copies of whi h are on
file in theC mission Office. He mentioned the Code Enforcement cas dealing
with thicAlssue had been resolved because the Respondent had agree to keep
his tdoor electric pool heater off while he was out of the country and would not
rn it on when he returned until appropriate mitigation measures were te ken.
PZC/Unapproved 4 Novemb r 14, 2013
F:\BCCWII Committees\P&Z\2013 — AGENDAS & MINUTES\P&Z-11-14-13.doc
144
ORDINANCE 2013 -
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS
TO CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR
DEVELOPMENT, BY AMENDING MIXED USE STANDARDS SECTION 915.20; AND BY
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND
STANDARDS FOR DEVELOPMENT, BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 915.20, Mixed use standards, to read as follows:
Mixed use P.D.s may be located within residentially designated areas, subject to the criteria below.
Approval Process
(1) Mixed use P.D.s shall be approved through the P.D. rezoning process.
Development Parameters
�-- (2) The maximum project area for a mixed use P.D. in a residentially designated a ea shall be
forty (40) acres. Mixed use projects exceeding forty (40) acres shall be designed as
Traditional Neighborhood Design (TND) developments and shall comply with the
requirements of section 915.21
(3) Mixed use P.D.s shall be limited to areas designated L-1, L-2, M-1, and M-2 and shall be
located along SR 60, US 1, Indian River Blvd., 58th Avenue, CR 510 (west of the Indian
River Lagoon), CR 512, or Oslo Road. Additionally, mixed use P.D.s in M 1 and M-2
designated areas may be located on sites that are adjacent to C/I nodes.
Mix of Uses
(4) To ensure that mixed use P.D.s contain an appropriate mix of residential and commercial
uses, commercial uses shall be allowed to constitute no more than twenty-five ( 5) percent
of a project's land area, except as modified below in subsection (5), where uses are
vertically mixed.
(5) The vertical mixing of uses is allowed and strongly encouraged. Where reside
office uses are designed and located above commercial uses, the amount of
area may constitute up to thirty (30) percent of the project's land area.
(6) For purposes of these mixed use regulations, commercial area shall includ,
1.01 parking areas, and adjacent improvements that serve commercial uses. Open
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°'-'� n' Win: Deleted Text from Existing Ordinance *"It��T ji•�,
F:\Community Development\CurDev\Ordinances\2013\2013- 915.
:ial and/or
Immercial
buildings,
)ace areas
145
ORDINANCE 2013 -
and common areas/improvements that are shared with residential uses,
be treated as commercial area.
(7) Commercial uses allowed in mixed-use P.D.s shall be limited to lodging,
office, retail (excluding gas stations but including fuel sales), personal
restaurant uses.
(8) Drive -up windows are permitted for banks and pharmacies or similar retail
windows shall be designed to not impede pedestrian access to any buildi
and drive -up facilities for restaurants are net allowed in mixed use P.D.s.,
following criteria:
a. Drive-throu h facilities shall be desi ned to not "wrap around" r
the restaurant building and to not a
pedestrian access from adiacent 1
areas that serve the restaurant.
b. Proiect designs shall provide con
clearly signed and marked by de
similar means.
c. Drive-through facilities shall not be located adiae
an existing residential use, a residential zonin
designation.
d. Drive-through facilities shall be visually screened fr
maior access driveways.
e. Order boards for the drive-through facilities shall
impacts on adiacent residential uses within the mixe
impact safe
blic sidewal
rticulated p
�r, shall not
istitutional,
rvices, and
s. Drive -up
Drive-thru
iiect to the
than two
convenient
id parking
•ian routes
paving, or
n off-site moperty
a residential land
acent
PD
PD.
L Outdoor lit!htinp, shall be desi ned to minimize impacts on adjacent residential
uses within the mixed use PD and outside the PD.
(9) Within mixed use P.D.s, the Floor Area Ratio (FAR) for commercial uses shal be applied
to the commercial area. For the commercial area, the maximum FAR shall be 0.35.
(10)Within mixed use P.D.s, the maximum number of allowable residential units shall be
derived by applying the applicable comprehensive plan land use designation maximum
density to the entire area of the project and, in addition, may include any applicable density
bonuses provided in other sections of the land development regulations.
(11) Within mixed use P.D.s, commercial areas may be situated internal to the pi
be located along a project's boundary, where such boundary abuts C/I-design
or a road designated in the comprehensive plan as a collector or arterial roa
commercial uses are situated adjacent to residential uses located outside
buffering and compatibility improvements shall be provided in accordance wi
Bold Underline: Additions to Ordinanc011&e 4
St-� through: Deleted Text from Existing Ordinance
WV
F:ACommunity Development\CurDevAOrdinances\2013\2013- 915.2 rus.doc
ect or may
;d property
iay. Where
he project,
subsection
NJ
146
ORDINANCE 2013-
915.16(2). In addition, the design of nonresidential buildings adjacent to residential uses
located outside the project shall comply with the requirements of paragraph (16) below.
(12) On -street parking along internal streets shall be allowed within mixed use proj
(13) All mixed use P.D.s shall be designed to include at least one (1) transit stop
project.
Building Design and Setbacks
(14)Within mixed use P.D.s, common architectural themes, common hardscape
themes, and multiple pedestrian connections shall be provided to integrate n
uses with residential uses. Common architectural themes shall apply to both
and residential areas of the project.
within the
signage
ial
(15)Within mixed use P.D.s, no individual commercial building shall exceedtwenty-five
thousand (25,000) square feet in commercial floor area. Lodging uses are exempt from this
limitation.
(16)Where a nonresidential building in a mixed use P.D. is situated adjacent to residential
buildings located outside the project, the nonresidential buildings shall be des gned to be
compatible with nearby residential buildings. The scale of such nonresidential buildings
may be minimized by articulating the building's mass, using sloped roofs instead flat roofs,
and/or by planting canopy trees around the building's perimeter. Perimeter buf ers may be
waived where residential uses within a mixed use P.D. are situated adjacen to similar
residential uses located outside the project.
Street Network
(17) Each mixed use P.D. shall offer alternative routes and connections between destinations
within the project, and to appropriate uses on adjacent sites, by designing and constructing
a street network that consists of a grid or modified grid pattern and sub -outs or
connections to adjacent sites.
(18) The project shall contain a network of interconnected streets, sidewalks, an pathways.
Streets shall be designed to balance pedestrian and automobile needs, to discourage high
automobile speeds, to effectively and efficiently accommodate transit systems, and to
distribute and diffuse traffic rather than concentrate it. Sidewalks shall be provided on both
sides of project streets.
(19) Street trees shall be provided so as to shade sidewalk areas and buffer
automobile traffic.
Timing of Construction
(20) In each mixed use P.D., construction of no more than three (3) acres or fifty (5(
the total commercial area allowed, whichever is greater, shall be constructed 1
�- twenty-five (25) percent of the proposed residential development (units or to
constructed, and no certificate of occupancy shall be issued for commercial are
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
F:ACommunity Development\CurDevAOrdinances\2013\2013-_915.20(8) MIMMEta 4
areas from
) percent of
ntil at least
s) has been
a exceeding
3
147
ORDINANCE 2013 -
three (3) acres or fifty (50) percent of the total commercial area allowed,
greater, unless at least twenty-five (25) percent of the total residential deN
received certificates of occupancy or certificate of completion.
SECTION #2: SEVERABILITY
lichever is
Dment has
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #3: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in
the provisions of this Ordinance are repealed to the extent of such inconsistency or con
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code o
Ordinances of Indian River County, Florida. The sections of the Ordinance may be rer
relettered to accomplish such, and the word "ordinance" may be changed to "section",
any other appropriate word.
SECTION #5: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 25th day of November, 2013,
hearing to be held on the 10th day of December 2013, at which time it was moved for
Commissioner , seconded by Commissioner , and adc
following vote:
Chairman Peter D. O'Bryan
Vice Chairman Wesley S. Davis
Commissioner Tim Zorc
Commissioner Joseph E. Flescher
Commissioner Bob Solari
The Chairman there upon declared the ordinance duly passed and adopted this
, 2013.
Bold Underline: Additions to Ordinance
Strike thFOUgh: Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\2013\2013- 915.20(8)drive-thrus.doc
e-rLr.%MENT
with
Laws and
imbered or
'article", or
a public
ption by
d by the
day of
L,
148
ORDINANCE 2013 -
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
I�
Peter D. O'Bryan, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
IC
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan Reingold,
aIA-ountyttorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AI P; Planning Director
Bold Underline: Additions to Ordinance
Strike Mush= Deleted Text from Existing Ordinance y�
F:ACommunity Development\CurDevAOrdinances\2013\2013-_91�
149
LDR Amendment to Allow
Restaurants with Drive-through
Facilities in Mixed Use PD
Projects
Board of County Commissioners
December 10, 2013
Background
• 2010 adopted land use policy for mixed
use PDs (residential and commercial)
• 2012 adopted implementing LDRs
• 2013 amended LDRs to allow limited
amount of upfront commercial
development
z
12/10/2013
• Current code limits drive-through
facilities in mixed use projects to
banks and pharmacies: no
restaurant drive-throughs
• Intended to avoid drive-through
dominated "fast food" designs that
cut-off pedestrian access and
prevent integration with residential
• Mixed-use applicant proposes LDR
change to allow restaurant drive-
throughs subject to special criteria
• Location and design criteria
proposed
3
4
12/10/2013
/4' 2
12/10/2013
1y 9.3
Proposed PD Criteria
• Locate drive-through away from
residential
• Limit drive-through to two sides of
building
• Articulate pedestrian routes to building
Proposed PD Criteria (cont'd)
• Visually screen drive-throughs from
public roads and major driveways
• Minimize noise impacts on residential
(order boards, idling cars)
• Minimize outdoor lighting impacts on
residential
8
12/10/2013
I LI 9. 4
PZC Action
The PZC voted 5-0 to recommend that the
Board approve the proposed LDR
amendment
Recommendation
That the BCC approve the LDR amendment
10
12/10/2013
JLJ 9. 5
SCRIPPS TREASURE COAST
W
-■ NEWSPAPERS
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
SCRIPPSAFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and
that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in
Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer
INDIAN RIVER CO PLANNING
Sworn tto and subscribed
Ad Pub
Number Date Copyline
2576627 11/25/2013 PUBLIC HEARING
before me this day of, November 25, 2013, by
Sherri Cipriani
[X] personally known to me or
who is
[ ] who has produced as identification.
Mary T. Byrne Notary Public
MARY T BYRNE
Notary Public - State of Florida
�= fey Comm. Expires A' 2, 2{114
Commission # EE 7134W 1111111111 RP 11111111
Po #
12-10-13 MIXED USE
NEWSPAPER -Sheet®
LEGAL N TICE
ATTACHED
*********************
DO NO
SEPARATE OAG
ORIG
I' -I 9.6
TCPALM.COM CLASSIFIED
IR MONDAY,
NOVEMBER 25,
2013 - SCRIPPS
TREASURE COAST
NEWSPAPERS - Il
ORDINANCESORDINANCES
NOTICE OF
NOTICE OF
(NOTICE OF
NOTICE OF
NOTICE OF
NOTICE OF
NOTICE OF
NOTICE OF
„4+r dPE11TI0NS
PETITIONS
FORECLOSURE
FORECLOSURE
FORECLOSURE
FORECLOSURE
FORECLOSURE
FORECLOSURE
FORECLOSURE
FORECLOSURE
NOTICE OF
a PUBLIC HEARING
ing Division office
10C+Ied in 1M1e com-
entitled, m no cost to
you, r0 [M1e provision
NOTICE IS HEREBY
an teres[ in Cha sur-
plusnlmm fhe sale, rl
are hes iii, or voice
i Faire, call )11.
Plaintiff antl DEBRA
K. KERSEY NK/A BE �
T HE S U SPLU S
FROM THE SAIF, IF
Pub: November 25,
December 1, 2013
ASSOCIATION, AS
TRUSTEE, SUCCES
C NOTICE IS HEREBY
dlvi.siontlon the firs[
P1eaa, L.HUIzCorde
ElnaEJudsuant to a
olM1er than rhe
Pub: November 10,
ARA NAY KERSEY
ANY, OTHER THAN
TCN25]5]92
BOB IN INTEREST
Q. GIVEN hat the
floor of the County
Johnson, ADA Loor-
gmentof
Foreclosure entered
,.perry owner av of
the date of the lis
15.2013
TCN2574198
A/KIA OEBRA KER-
BEY; SANDRA RAMI
THE PROPERTY
OWNER AS OF THE
TO BANK OF AMERI
CA, NATIONAL
IN THE CIRCUIT
COURT Of THE
Board oI County
Admininratmn Com.
'A'.
tlinator, 250 NW
Alyast 2, 2013 in
entlens, us[ file a
claim
REZ; ATLANTIC
DATE OF THE LIS
AS�
SOCIATION AS
--FN CIRCUIT
COURT OF THE
Q Commissioners of
Intlmn fliver Counry,
lex fiuildiiR
Any° w may
Country Club Drive,
Suite 2ll, Port St
Civil Lese No. 1011
CAOW825 o1 fhe Cir-
within 60 Oays
eher lM1e sale.
CREDIT &FINANCE
INC: UNKNOWN
ENCENS MUST
FILE A CLAIM WITH-
NINETEENTH
JUDICIAL CIRCUIT,
TRUSTEE AS UG.
Florida shall M1oltl a
p blis M1earing at
ai which 'sores rn ro
I'd <itizena
wish t0 eDpeal any
tlec which may
pa rmaLae oris
m edng; will need tp
Lucie, Fl 34986,
(]]3180)-d3>0 et
least)tleys bellre
your seM1eduled cavo
cult Court OI the
NINETEENTH
Judicial Circuit i"
nit for Indran Rrver
County,
Angela Brenwelt Ezy
McCalla Raymer, LLC
AR.'eY for PlainriN
NNETEENTH
JUDICIALCIRCUR
IN AND FOR INDIAN
RIVER COUNTY,
TENANTS era rM1e
Oelendantlal. Jeffrey
q, Srmith as the Clerk
e CircuNl CDurl
IN 60 DAYS AFTER
THE BALE.
Dated this 6 da of
y
IN AND FOR INDIAN
RIVER COUNTY,
FLORIDA
Case Nd.
CESBOR BY MERG
E TO LASALLE
BANK NATIONAL
ASSOCIATION, As
TRUSTEE OR CER
_ HOTzAave an LN-
IL be heard, in
•� /��t// Ire aunty Commis-
[°o�Cha
en ure hat A verba-
t m recd d of the
ceedin gs is
v.— Dr im
m atel upon re
vng tM1iv notifica
Vero Beech,
Florida, id, i,, THE
BANK OF NEW
2i5 R gobinson650C
Pte
Orlando, FL 32001
FLORIDA
CML ACTION
LASE NO:
wfill sell tote high
antl best bitlder
ca wwaw.intl
November, 1013
Byy:9ruce K. Fd,
Nu
12
J OOfiCA011]fi2XX%
XX%
TIFILATEH O L D E RS
OF BEAR STEAR NS
E•6 r tubers OI
rp"r50
ede, which in
born the nine be
YDRK MEILON FKA
P ne: 140)16]4-1050
hFax:
311p11 CA 000820
e,
Ian-riv r. Ilor-Sub
mar .9]300
dby:
LASALLE BANK NA-
ASSET BACKED SE-
URITIEBIILC, AS -
the Counry gtlminis
(� Q [ration 6uil0in1 II
eludes testimony
a d evidence upon
fore the sc M1etlu letl
a pe ce is less
THE BANK OF NEW
YORK,AS TRUSTEE
021)2. -CAN
Email:
DIVISION:
¢close com at 10:001aw
DECEM
OMce of
TIONAL ASSOCIA
TION, AS TRUSTEE
SEL -BACKED CER
0AHES,
etl at 1801 27th
W Street, Ver° Beach,
which the appeal is
based.
IIIc nh) days; if you
FOq THE BENEFIT
OF THE CE
MgService@
WELLS FA q G 0
BANK, NA,
20M3 n BER 3,
wr^9
opn
Choice legal Group.
PA.
R T I
O R C E q T l F l
TIF SERIES
2006
Flontla, on Tuesday,
Dege9mber
Please
A or voice
paired, call ]11.
RTI FI
TATE IOLOE RS OF
mer com
F Bar lJo.: 92260
PleintiH,
dese�ibed
a set forth in seiy
final
O NW 49tM1 street,
Suite 120
CATEHOE OF
EAR STEARNS AS
THOMAS STA EhLT
10, 2013
U 0e.m. to com
Sider adoption of an
direct plain
ning related goes
do t0 [M1e
Pub. November 18,
25,2013
TCN2574189
HE CWABS INC.,
pS SET BACKED
13-03)464 NOS
Notice to Person'sERAFIN
vs.
GAP[Iq,e[
Jutlgment, ID
RLautlerdale, FL
33309
RET BACKED SECU.
ES I LLC, ASSET
MAN; ATE OF
FLORIDA;
ordinance; entitled:
environ-
mental Lanni g.ee
CERTIFICATES, BE.
ES BKOI SET
wi[h Dizabihties: I
yr GG nDetentlantlel.
w�ha To
LOT 23. OSLO RIDGE
DUBDIVISION,
T.1 POCH 453-0365
OESIGNATEO
BACKED CE RTIFI
LATES, SERIEB
KNOWN SPOUSE OF
MILIA J. TUMOLO
THE CIRCUIT
COURT OF THE
J AN ORDINANCE OF
r0na12]bt13).
Plain[plf Kind SHAS
q0N ITC H ELL
tlivabil7
needy any arcommo-
NOTICE OF
ACCORDING TO THE
PLAT THEREOF, AB
PRIMARYE-MAIL
FOP SERVICE
3006HE>,
PLAINTIFF,
Tq.; UNKNOWN
ENANT N/KD (ISA
N DNA N O VER
O OUNTY, FLORICA
N Y O N E W N O
NEEDS A SPECIAL
NINETEENTH
JUGICIP CIRCUIT
a n d T M O T H Y
MITCHELL Celan-
dation m order S
ici Lout is
FORECLOSURE SALE
_OROEDAIN PLAT
PURSUANT TO FIA.
VS.
MA RIAs K. MpRTI
STADELM AN; ON
U ON ERRING AN
ACCOMMODATION
OF FLORICA
IN AND FOR
ora
dans, the Clert OI
pa rt peg
protea rn yo are
NOTICE IS HEREBY
BOOK 1 , T PAGE
, OF THE PUBIIL
R. JUD. ADMIN 2518
esery e@
NEI, ET AL
KNDWN TENANT
N POSSESSION
^ AM ENOMENT TO
ITS LAND DEVELOP
I.L
FOR THIS MEETING
MUST CONTACT
DIOUN VER
Coun will sell to rhe
hrghez[ antl best bid
emided, e[ n0 cost to
you, to the provision
LIVEN pursuant m a
incl Judgment °f
RECORDS OF IND(
AN RIVER COUNTY,
clegalgr0up com
1210 1-9 NOS
DEFENDANTISI.
OF THE SUBJECT
IRCI.TY de
L MENT RESULA-THE
TIONS (LOR): PRO-
COUNTY'S
AMERICANS WITH
TY
GENERAL
JURISCONCTION
der for cath electro
nit a[ www.indeac
fcenain assistance.
Mort Da B. Foredo
FLORIDA
Notice OR Persons
wilM1 Disabilities'. II
NOTICE OF
FORECLOSURE SALE
are
ndanta. the ClerY
DI this Court shall
OLL' V I D I N G F 0 R
AMENDMENTS TO
DISABILITIES ACT
AAAI COOq DINA-
sION
nr
o en ea cc°°rtla ce
JOM1nsory ADA LOor-
dinator[ 250 NW
18, 2013 end enteM1ed
Case No. 313012-
Any person claiI'd'?in
a
[other
you a.
w , a sabiPtyrwho
NOTICE IS HEREBY
sell to the M1ighesl
an^Oesr bidtlei for
CHAPTER 915,
VENT IF DEVELOP-
W NT IF D.l Pfl0
TOR AT 2361213 AT
EAST 40 HOURS IN
ADVANCE OF THE
2 CASE NO.
011LA41W825
THE BANK
w^1M1 Chap[er 45^
FDritla St IP- o
the antl d2Y0111,
COuntrY tub Drive.
.- 217, Port St.
Lucie, GL 34986,
�-0WBN OI 1M1e Cir.
c r Court of th
NRIETEENTH Judi
yuan lerestlM1etsale, f
enoy, than the
pr eery owner as of
needs enry accemmo-
p ci rare rid<oP
GIVEN Pursuant to
en Ord., of Final
Summary Jutlgment
c IY ar
w elenrnn�River
real) re tloze com in
1 CESS ANO STAN-
BASIS FOR REVEL
MEETING.
OF NEW
YORK MELLON FKA
cam per, at
190 M o^ Cha 101'
1]]21 B0] 43)0 at
leant ] tldul SO—
cialI 0 U1 M and for
IN ER Coun
the tlate of [Ire lis
1 l must lila a
p etling, you are
e dIiId,
of F°r<bcl0sure datetl
he 1 tM1 day °f
accor4503 wr h sec
'on FI°ritla
cc D P M E N T, a Y
Q MENDING MIXED
k UBE STANDARDS
Q
INDIAN RIPER
C
BOARD OF COUNTY
THE BANK OF NEW
YOq K,AS TRUSTEE
FOR THE BENEFIT
1el.
Pros any as set'D"h
d Summary Fr-
CpDearancee orclm
WELLS LrS aF AhR GrO
BANK. NA is IF,
pe
Eilhm
sale, 60 tlays
at no cost to
yl certai^h azsista^ce.
Antlgentered 2nOLee
N °
1
ona11, 9thttlay °I Dei
O ON 915.20;
COMMISSIONERS
Of THE CERTIF I-
nal Jutlgment to wit:
etliately upon re-
ceivinl heztimelibe
of
Det
Please contact Carne
ADA1..,rv,
312OO8Cf
m e.. 2013, the
deveribed
AND BY PH IDING
Z F Z FOR REPEAL OF
BY sPeter D.
D' Bryan, Chairman
CA ERS OF
THE CWABS INC,
LOT 1BLOCK 3,
UNIT INC.,, WNIS-
lore the schetluletl
SEflAFINrCARCI Atl
EVANGELINA PERE2
NDdl
Nt 3Dy
ey:
e aao
Coontr Club Drive.
the Circu
Court OI the Nine
OOII0win0
ape e atls set fonM1
s r Fine l
CONFLICTING PRO-
VISIONS; CODIFILA-
Pub: N vember 15,
0
ASSET BACKED
CERTIFICATES SE
pEflINO PALMS,
[CORDING TO THE
a peers nee is less
1- ]tlays; if you
A/K/A EVANGELINA
GABON; relhe De-
ptlam Malley
FL Bar x: 6986)
Buife 311, Port St.
Lucie, FL 34986,
tevnrh Jutlrcial Cir
A 1 and 1°r Indran
J^
Lpigt gena LlOCFrt�603,
TION; SEV ERABILI-
TY; EFFECTIVE
1013
TCN35]6629
N07 SDI,
PlaintiX,
FLAT THEREOF, RE-
CORDED IN PLAT
are M1wtlring m'Dice
im
fi-R tz, TM1e Clert
OI the Coun will sell
or
1]]21 80)43]0 at
fliivern County, Flpri�
tla. T1e Clerk
SEBASTIAN IGH
E.
v+-
TIMOTHY MITCHELL,
8 O 4, FACE 56,
cite c II 1
1- November 1a,
Cha highest antl
best
Corey Lewis
Flontla Bar ]2560
least ]tlays before
y schetluletl tour:
of
Covn will sell to the
LANDS UNIT ]
LLOROING TO THE
N•
AdiA Dr, not ke, ill
d[etl, will vIIOw
rivntd.a and ari.e-
ai up facilities res-
NOTICE OF
FORECLOSURE
[a
Cefentlana
NOT( OF
OF PUBLIC RE
CORDS OF INDIAN
RIVER COUNTY,
PLDgmA.
A
25,3013
TCN35]d194
bitltler for cash
a wwwJ than river-
IealloOreOclpsMcom at
o: n
1210312013, the fol
q -I -h n, A--.
i,, e,,P.L.
At1p NyM II rPlaimiH
30 i-
Su"T3
a +i nee °rim-
m pan re�
ce tl ehisun0lilica.
ion nil :ne tomo be-
highest antl best b,d�
tlec for EOI ar [Fre lit-
Lan fliver [Dunry's
Pablic aani0n web.
CLAT EEREOF HE.
DEO NPLAT
BOOK B,q A6E d6,
PUBLICE<O Rps
IN THE CIgcu1T
CURT OF THE
lOy
t ure s rn
Mixedn. ` ED sub-
lett o carte' n
IN OF THE
N INETEENTN
FORECLOSURE SALE
y p .on claimr g
JUOCALTEENTH IN
AND FOR INCIAN
10 es
Prop'"e res vett IS"
Final
e 0
Boca Ratonr FL
11- 1539 NOS
Notice to Persons
forpeaM1ance uletl
iv less
"Ad I days; it you
ww den
� �
riv<r.reallOR Aase co
at 10'. M. on
he t3 h day 01!p
f INDIAN VER
COUNTY, FLORIDA
N
A tlreft
DILIFLRIDAT
OF FLORIDA
AND FOR
NOTICE OF ACTION
NOTICE OF ACTION
gIVFR COON
LOgIDp
sE NO.
JAdymenrd
LOTS A AND B,
BLOCK 31, REPEAT
y_ Disabilities: If
y u are a arson
are a
im ab tl, call>llOCe
Pub: November 18,
Ohecamber, 2013,
t allowing de:
AM
NG PERSONTELRES
I THE SURPLUS
of the pro-
posebordinance is
Np R ER
COUMY
31-3012tA000]54
OG A PART OF THE
wyh a di<abiliry who
needs any acc0mm0
25, 2013
TCN2114111
etl pro Y a
set ilonh in aeltl Final
FROM THE SALE, IF
p OTHER
IN THE CIRCUIT CAOURT OF THE
FIOR INDEAN RIVER CoUNTY, AND
• aveila le at [M1e Plan
EO loiI, d in mi—
the cl0ime
GENERAL
JURISDICTION
W E l L 5 F A R G 0
BANK, NIL
TOWN OF FELLS-
qE, ACCORDING
T O T H E P L A T
tl order to
participiare in this
tlin
J d m tf. wit
l0 q], El1CALTPTUS
p LE ACCORDING
THE PROPERTY
Op NEO AS OF THE
IN THE LIELUR
COURT OF THE 19TH
rily develOpmem
ay••ttFOR
W O
DIVISION
CSE NO: 31Mlmilled,
PlainuR(sl
THEREOF, AS BE-
IN T
pr Oce ,you are
e g
0. ^ no Cost to
01CIAL CIRCULI IN
0 T N E PLAT
THEREOF, RECORD
D OF THE LIS
ENICENs MUST
FILE A CLAIM WITH,
pltlor of thelLounty
Q minim ion Com
1011- A50030fi5
TYNE BANK OF NEW
WELLS FARGO BANK,NA.,
R-Iff,
tiNE RE DITH L. BEN-
ETT nal.,
pelendantlsl.
BOOKEe, PAGE 5D
PPUBLIC RECEEDs
yf certain azpsizfanrce
(vase contact Corrie
RIVDER COUNTYINDIAE
FLORIUA
FAIN PLAT BOOK 5,
GE )2, OF THE
60 CAPS AFTER
THE SALE.
Builtl in0 'A'.
�+ V O A",','.ne wM1v may
URN MELION FKA
S
JANET GRINSTEAD; DALE GRINSTEAD; et
F INDIAN RIVER
CANUNITY, FLORIDA.
tlOhnson, AO5 Coon
GENERA(
JURISp ION
pO N, C RECO BDS
OF INDIAN RIVER
iJ rsh Io appeal any
"A
matle this
THE BANK OF NEW
yORK, AB TRUSTEE
FS FOR THE CERTIFI
aI"
Oefendanllsl.
NOTICE OF
FORECLOSUEE
SALE PURSUANT TO
0 LOTS 11 AND
13, BLOCK 33,
TOWN OF FELLS-
i1— 2 0 NW
Country Clop Drive,
Butte 2l ), Port Sr.
VIS IDN
31201 C ASWE CO..
tsD
COUNTY, FLORIDA.
Any
Dared this a day of
NDvemeber, 2011.
V: BruceK Fay
at
Q% ¢¢ting; will needm
n
l/Y ore hat a verba
WAATENOLOERS DEC
BS,BCASSET
NOTICE OF ACTION
CHAPTER 45
MERE, ACCORDING
T 0 T H E PLAT
Lucie, F134986,
1]12160)43)0 et
least ]tlays before
HpLCO N PEACE
on claiming
en ioeres in e +u'Submm¢d
it
Bar Number: 9)3 00
by:
Law Office
r
Q Q 121 eco rd DI [M1e
m
BACKED CE RTI FII
LATES. SERIES
TO: Jane[ Grinstead
NOVICE IS HER
EN [het Bale
THEREOF, AS RE-
your scheduled won
OMEEWNER$' AS
SOCIAT ON,
pluenfr0rmlN ^sale,
n Ot erten he
yPeM
II
Choice leg al Group,
catlinggs s
etl¢, -A h
clutlev es11 any
2W61,
F'eintilf,
last Known gezrde"ce:.... WM1iR Heron
Lane, Vero B.Vh, FL 32963
wit
be made pursuant t0
an Order pr Final
COODED IN PLAT
BOOK 2, PAGES
ND PPUBLIC EE
a nee im
ar re�
¢etl tryivueofllice-
NL., a
n°n-profit Flo title
tr
Drp ra on,
owner as of
1�e dare of the Lis
Pentlensi muz�lile a
pA,
1800 NW 49th Street
5une 120
Bird evidencenupon
ICM1 fhe appeal re
r
JAYNE E. JOHN"yl-AJ
STEN; et al.,
YOU ARE NOTIFIED IM1a[ an ac[i0n to lore-
lose a mart age on fhe following proper
9
9vmmery JudOmem.
Final Judgment was
JIY 12.
CORDS FST. LU-
CIE COUNTY, FLORI-
i°n111 the [Line be
fore [M1e scheduled
Alar"trX,
v
'.6CO
c wi M1in ays�Ft
vhernthe sale d
Lautlerdale, Fl
133309
Oamd.
Delendanta.
ryIndian River Counry, Florida:
awarded O^
i" Civil ease
NA; SAID IINp
OW LYING
+ODaarance rs less
A. CAST.
an ANDREA CAS.
Dated 8th AaY
Te19541453�03fi5
Plevsa tli.ect Plein
d
S."IPler< gAes
-
NOTICE OF
FORECLOSURE SALE
LEGAL DESCRIPTION
ppRCEL ONE'
F24013
°' 1-2012CA
000754, of the Circuit
LOun Ol the 19th Ju-ired,
BEING IN INDIAN
RIVER COUNTY,
) tlays; it You
are nM1eenng or voice
im call 711.
TRO, et el.;
Cefonda G),
th� III
vein r 2013.
°Michael P Bruning,,
DESIGNATED
E-MAIL
FDR SERVICE
oche current
develo menf section
EMERALD COVE SUBDNISION, UNIT5
SITUATED IN THE STATE OF FLORIDA,
tlicial Circuit i^ and
FLORIDA./LORIDA
IIA 55 SOAK
P u b: November Ie,
25, N13
TCN2574619
NOTICE OF
Esg.�pURSUANT
Florida Bara: 3)361
TO FIA.
ADMIN 2516
It 324123].
NOTICE IS HERESY .
GNENpursuant Si e'�
COUNTY OFINDIAN RIVER, AND BEING
for INDIAN RIVER
Coud[Y, Florida,
STIFF T, FELLS-
FORECLOSURE SALE
C DI C—PY, AD
o"^11"1
esenD.
eDu
IN THE CIRCUIT
COURT Of HE 19TH
ONE W N D
L{i ALo
_E_m Y Final
Jutlgment of Fore-,
PORTION OF EMERALD COVE SU BDIVI-
SIGN AS RECORDED IN PLAT BOOK II,
wherein, WELLS
FM1RGO BANK. NA P,
MERE. FL 32941
6 1
NDTICE IS HEPEBV
GIVEN
Willard, PG
The Blackstone
tie ga gr Dm
11 I OPers
ACCOS A SPECIAL
ACCOMMODATION
closure eyed Au ,�
2, 2013 i^ Civil
PAGE 45 OF THE PUBLIC RECORDS OF IN-
OIAN RIVER COUNTY, FLORIDA, BEING
t Plamtifl, antl,
Any person claiming
JUDICIALCUR,
pursuant toe
0 e f e u t F I n a
BUAding
LOO South 00,11
N.
with Disabilities: II
FOR THIS MEETING
un
Case NO. 2011 CA-
MORE PARTICULARLY DESCRIBED AND
MEREDITH L. BEN-
NETT; TROPIC
a ares in 1M1e sun
if
F OR
INDIAN RIVER
Judgment DI Fore-
closre J+d the 7T1
Highway, suite NO
y ion
(y MUST C O N T A C T
HE CO UN TI'S
r
003065 oltha Circuit
NINE-
BOUNDED AS FOLLOWS:
CN MMENCING AT THE NORTHEAST CDR-
GROVES VILLAS
CONDOMINIUM
puvnlrolmltM1N sale,
a of er [ an th
COUNTY, FLORIDA
day OI NDve ".bar,
West Palm Beach, FL
wire a disablie
tY who
nee a any aoccommo-
AMERICAN
MERICA NS WITH
Toun Of the
EENT` Jutlicral
HER OF SAID EMERALD COVE SUBDIVI
AS
SOCIATION, INC.;
popeM owner av pf
M1e d Li
CIVIL END ON
CASE NO.:
2013 antl PRI .A rn
C a v < N o
Primary Elm 11
dation in der ID
N DISABILITIES ACT
X (AOA) COORDINA-
circuit in antl for In-
an Rrver County,
9500NO THENCE B 15°00'00' E A DISTANCE
EIT TO A POINT: THENCE S
AND UNKNOWN
TENANTS) IN POS-
f a of fhe s
pendens mon file a
3120t3CA000)67XX%
%%X%
3„201]CA000150, Of
r e Crrc oil Court
pctlaAings®
p tee itlpaty Louth is
" . Yo are
w TOR AT 226-122] AT
LEAST 48 HOURS IN
V r° Beach, Flontla.
39°2)'44' WA DISTANCE OF 43.01 FEET
TO
0 A POINT, THENCE B 15°00'00' E A DIS
SESSION are Dalen -
laim within six[ Y
1601 tlays after iM1<
Df
rhe 19th Jutlicral Cir-
Sewnda E-mail
rY
mbruning@
e ^tided, eM1eno canto
you, fd [ e provision
Q DVANCE OF THE
wherein THE BANK
OF NEW YORK MEL-
OF 46.50 FEET TO A POINT:
dents.
TM1e clerk of [M1e coon,
sale.
THE BANK OF NEW
YORK MELLO N,
t
ur n antl for Intlian
fliver CDAn[y. Flori
actllaw.c0m
oI certain assistance.
MEETING.
LON INA THE BANK
THENCE S 11°01'52' W A DISTANCE OG
FEET TO A POINT; THENCE S
93ORK,
JeNrey R Bmith, will
LE—ld R Wolfe V
F/KIA THE BANK OF
da, wherein FALCON
TDII Free
15611422L65B
please canton Corrie
JaM1nsonr ADOA Coar
N r INDIAN RNEq
COUNN
BOARD OF COUNTY
COMMIBSIO.'IS
AS.71
OF NEW YGOTHE
TRUSTEE FOO THE
CERTIFICATEHOLDE
RS OFCWABS, ING.,r
8950'D9'WADISTANCE OF IOfi.fi9 FEET
TO A POINT; THENCE B 00°20'0)' W A
DISTANCE OF 60.56 FEET TO A POINT,
THENCE N. 89°5D"09' W A DISTANCE OF
bitltlro ltheh `
a Or cac�hon
li^+a!r
w w.indianriver.rea-
Assolates.PL
P.O. Box 15010
Tz 336 ElOhda
NEW YORK, MSU[
LESSOR IN TEP-
EST TO JPMORGAN
E BANK, N.A.
TRACE HOME
OWNERS' AGSOCIA'
TION, INC., A Florida
non profit corpora
Fauimile:
(5611 24 9-0)21
Counsel for Plainirtt
L61.N10o NOB
mato 0NW
Country Club Drive,
vita 117
ByTo
L O'Bryan, Chairmen
ASSETBAC KED
CERTIFICATES, SE-
RIES 2006] is plain-
10 5 FEET TO A POINT; THENCE N
T4°19'0]' E A DISTANCE OF 24.1] FEET
ILO reel os ¢.com at
1090 AM on Oecem-
bar 1, 2013, the fol
S'-5010
18131 2 - ]66
BY Mahhew Wolf
Flontla
AS TRUSTEE FOR
STRUCTURED A5
SET MORTGAGE IN-
tion, is the Plaintiff
and MARCO A. CAS-
TRO and ANCREA
If Coir are a person
vii h a disebili AD
ry w
30 986
Lucie, FL 4
1]]21 80]-43]0 at
('72 ]tlays before
Pub; November 25,
Iff antl JAYNE E.
jOM
0 A POINT; THENCE N. 53°2fi'44' E A
DISTANCE OF 36.84 FEET TO A POINT,
Iowrnrg tla scribed
ear No.
92611
VESTMENTS 11 INC.,
CASTRO are the pe-
needs any eccomm0-
dation in order to
your scheduled coon
•Q 2013
NBTO N; THE
UNKNOWN SPOUSE
SAND POINT BEING THE POINT OF BEGIN
tea art s
p a e
forth i^ Final
F12006293 NOS
BEAfl STEARNS
AL T'A TRUST,
lentlants, The CIGE
Coun
pV 'E, in this
meEelatelnce, or m
"
unotl
TCN. ]
]�
OF JAYNE E JOHN-
NI G; THENCE N. 53°26'44' E A CIS-
LANCE OF 41.00 FEET TO A POINT;
said
summery Judgment,
R<od Sia for Accp m-
m a on y er
MORTGAGE PASS
Of will sell t0
the hi hent bitlder
9
OI,—
ervicee
p a1gy Ou are
nntled, cost 10
c Fi I ca
n�111M1estrime
NOTCE
• PUBLIC HEARING
ST ANY AND
ALL UNKNOWN
THENCE N 36°33'16' WA DISTANCE OF
1O W16
CONDOMINIUM UNIT
with Disabili-
yea sll
THROUGH CERIES
LATES. SERIES
for cash on the 11IM1
day December.
you, 10 the Drovisivn
10 c etlaletl
PARTIES CLAIM LNG
13.00 FEET TO A POINT; THENCE N
5 °26'44' E A DISTANCE Df 11.00 FEET
IS -D, Tfl OPIC
s° n `lou are a Deo
a Orsabiliry
2005),
of
2013, the f011owing
fcenain assistance.
Please contact Carne
ap adance a ass
Z NOTICE IS HEREBY
BY, THROUGH, IN
TO A POINT; THENCE N. 36°33'16' W A
TO
GROVES VILLAS
wh n� tiv any ac.
Plai h"
described property
JMlhnson, ADA Coon
t Foe )r dayz;rif ylu
are M1ear ng vice
Q LIVEN thea [M1e
-Q oartl CE—y
CER. AND AGAINST
THE HEREIN NAMED
DISTANCE OF 24.p0 FEET TO A POINT;
CONDOMINIUM -E',
A LONCOMINIUM,
commodarron in Or-
vs.
SALEMMA
s s t IorrE in seitl
Final
inator 350 N W
mpaNd"Vb') 1.
Of
C L�+ C°m m i zsi°ners OI
C f tllen fliver Counry,
DIVIOUAL CEFEN-
CANTIS) WHO AT
THENCE S. 53° 26'44' W A DISTANCE OF
36°33 6EET i0 A POINT; THEN CE 5.
'1 E A DISTANCE OF 40.00 FEET
ACCORDING TO THE
DECLARATION OF
M1er Io °participate in
t seeding, You
yip entitled aI
H q p
SOMI
ME
A ED
JAd,g_id, tO
it
X— wmv.intlian-riven
Caunrry Club Drrve,
sone 21), P- 1,
Lucie, FL 3
FIT,
Ovember 35,
p¢cemberT22013
[N35762R
y- FI°etla ^hall hold a
at
lI, io
OF KNOWN TO BE
DEAD OR ALIVE,
IN
TO A POINT, SAIL POINT BEING THE
FAOCNTEF BEGINNING.
CONDOMINIUM
THEREOF, RECORD-
IN OFFICIAL qE
gO
ca t0 t e
p onool certain
T H E U N
KNOWN TENANT; IN
POSSESSION OF
eellDreclOse.com,
Ira CIe IN's website
for
1]]21 Bo] -43]0 a�
east 1 tlays before
IN THE CIRCUIT
Z O wp.panlsi
eves nd citizens
WHETHER SAID
PARTIES
PARCELEO
SMERALp COVE SUBDIVISION UNITfi
CORD BOOK 59],
as please
coauvta Du d—
THE OBJECT PROP
ool ine auctions
IF io OR a.m.
your sch Itl dcourt
are m
CNINETEENTH OF THE
(n N O shall have an DppOr
to be Feer
AN IN-.
MAY CLAISIT
E 5 T A 5.
ITUATED IN THE STATE OF FLORIDA,
PAGE IN, PUBLIC
RECORDS DF IND(-
istreti OC 250 NW
EgTY,
Detendanis.
t ck A, of
LFALLON TPAC,
ro.
medei p`�M1eisinoeiliya_
JUDICIAL CIRCUIT
nM rn
;11
Q the County Commis-
o Chambers Dt
S EU
P SES. HEIRS,(
GRANT-
COUNTY OF INDIAN RIVER, AND BEING
PORTION OF EMERALD COVE SUBDIVI-
SIGN AS RECOflDEO IN PLAT BOOK I6,
AN RIVER COUNTY,
FLORIDA, AND AS
CounrrV Club Drive,
Suite 21 ], Pon St.
FL 34986. ))2
NOTICE OF
2, az
recorAed in Plar B.
at Page ]6, of theFLORIDA
tory RII
fore the scheduled
INR DD 1.1 NIGIAI
[he Counry Ad -D
trati n Builtlrng lO-
EEG, IS,
LLS,MON OTHER
TS; TEN-
FACE 45 OF THE PUBLIC RECORDS OF IN
DIAN RIVER COUNTY, FLORIDA, BEING1156
P ENDED.
r0p y Address:
e6[TH
Eucie,
0]43]0 at least ]
d
FORECLOSURE SALE
Pu Elic fl<wrds of lit-
than River County,
a ¢¢rant ass
a
tM1 ]tlays; al you
CASE NO
N13 CA INC.,
[etl et 1BD1 211h
Street, Varo Beech,
Florida, Qn Tuesday,
OegeOmOber 10, 2013
ANT at, TENANT p2;
TENANT
TENANT fit the
n ee being licI."
MORE PARTICULARLY DESCEIBED AND
BOUNDED AS FOLLOWS'
COMMENCING AT THE NORTHEAST COB
NEE OF SAID EMERALD COVE SUBDIVI.
AVENUE
UNIT 15 0. VERO
B960C 96 FLOCIDA
32 - 6
shy d r
p¢ rancbeed0c metli
ately upon receiving
Ibis notdication it ¢rhe
NOTICE IS HEREBY
GIVEN pursuant to
Final Jutlgment Df
Faroe l Isar¢ dated
Florida.
AIK/A 1941 GBET
FALCON CIRCLE sW
3EF0 BEACH, FL
im shearing or voice
tl, Call 711.
pub: November 25,1
Dezember 2, 2013
pT10NGTAR MORT
GAGE LLC,
Plamnh,
si r etloption of en
p r
p¢ns1po etc nl ee
SIGN, THENCE B 15°00'00' E A DISTANCE
95.00 FEET TO A POINT; THENCE 5 39°
ANY PERSON CLAIM-
a be to re t e
scheduled aplpear
yhe IBIh day DI Eno-
er, 3013, antl em
Any, person claiming
TCN25)500]
vs
CARMEN W M1'IC
ordl"ance entitled:
on are Defendants,
h Clerk of Court
2]'44' W DISTANCE OF 43,01 -0 FEET TOA
G AN INTEREST
IN SURPLUS
ante les an
syous
Iered in Case No.
311013Cp0o076)X%
a ares m es -
frolmr [fheh aaleuil
IN THE CIRCUIT
CO OF THE
NTRA; DEBORAH A.
IC OTEA;
ANORDINANCE OF
D IA N RIVER
COUNTY, FLORIDA
C 0 N C E fl N N G
will sell m the high-
e ani bin bitltler
N c s eemron cal
Yerat www.intlianri-I
H
POINT, THE 5 5° Op"00' E q 015-
TANCE OF 46.50 FEET TOT POINT:
9HENLI S 11° 01'52' W A DISTANCE OF
3.)1 FEET TOA POINT; THENCE 5 09°
50'09' W A DISTANCE OF 10fi.69 FEET TO
E
T
M THE SALE. IF
ANY, OTHER THAN
THE PROPERTY
OWNER p5 OF THE
are
tlayv if Fear
r voic
pa Sed, call 711E m
p b: NDvem Oer tB.
j5, 201]
%X%Xc, of tM1a Ca
° D t e
IlTH utl tial Circuit
nd3for Indian Rw
plus
Dt er t an the
of M owner as Df
the date of the hs
pendi:ns hie a
Hfli
JUDICIAL
CIRIND.IN AND FOR
INDIA N, RIVER
LOUNtt, FLORIDA
KNOWN TENANT(S)
N POSSESSION YL
OTHER UNKNOWN
AMENOMENTS TO
ITS LANG DEVELOP
a ease..
c cc0......
¢Cha
gppOlNi; THENCE 500° 10'OT' W DIS-
NCE OF 60.509 FEET TO A POINT;
DATE OF THE LIS
HEN0EN5 T
T[N25]46t]
—
<r COurrty, Flontla,
wh r THE BANK
NEW
rmust
claim wt in W tlays
after the sale.
CIVIL DIVICRIC
CASE
PARTIES,
e
D en anlsl.
MENT REG ULA
TIONS ILLRSI; PRO
V 0 N G F 0 R
w tlr pier 45,1
",
F d SiMalutes n
tM1 rN,l zy of Oe -I
THENCE N. e - W A CISTANCE EF
45 FEET i0 AOPOINT; THENCE N 24°
1yOTE OF 24.1] FE TO A
E A CLAIM WRN-
IN 60 DAYS AFTER
THE SALE.
IN TRE CIRCUR
COURT OF THE
NINETEENTH
OF YORK MEL
ION, F/K/A THE
BANK 0 F N E W
DATED this ]tM1 tlay of
November, 2013, rn
OZO:
2012 CA OSE
U S. BANK NATION-
NOTICE OF
FORECLOSURE SALE
AMENOME NTS N-
M CHAPTER 9115 TO
10 W A r, 013 et
000 AM on [M1e 101'
NDISTANCE
POINT ENCS N. 53° 26'44' E A 015
Daretl 1M1fis 111, of
JUDaTIpN CIRCUIT
0 FOR
YOR, SUCCESSOR
IN INTEREST TO
Palm Beach Counry,
Florida
Al ASSOCIATION,
AS TRUSTEE, SUC
NOTICE IB HEREBY
ING, AND CHAPTER
lowing des[ C.b '
TANCE OF 36.3416FEET TO A POINT;
N. 3 W A DISTANCE OF
N o vein e., 2013
INDIAN RIVER
JPAMIJORGAdN CHASE
SIEGFRIED, RIVERA,
ESBOfl IN (NTE B-
GIVEN pursuan[ m a
912, SINGLEFAMILY
DEVELOPMENT, BY
Prlpedv as set fo FJI
ummary Fil
THENCE
0 FEET TO A POINT, SAID POINT BE
ING THE POINT OF BEGINNING; THENCE
POI
AIpflIDGE
CONNOR%LLP
COUNTY, FLORIDA
L
N, A s
TRUSTEE FOR
UNNER
DE LA TOflRE,N
EST TO BANK OF
AMERICA, NATION
Final Summary
JutlgmenlEfFore-
ENDING SEC-
O TUBE 911. 5(21
al Judp
n menf to
LOT 23, BLOCK 562,,
N 3THE
W A DISTANCE OF 40.00
y
A.00ne for Plalnbfl
ZVI Pitmen°
JURISDICTION
DIVISION
STHUL TURED AS-
SET MORTGAGE IAttorneyslo.
OBEL, PA.
Ph,miN
AL ASSOCIATION
AS TRUSTEE
closbure dated Sep -
N AND 0711)1B16
TO REGULATE THE
SEBASTIAN NIGH
LANDS, IT 6.
FEET TO A POINT; THENCE N ° ]' ' E
T DISTANCE Of 53.00 FEE OTO A POINT,
HENCES36°33't b'E (STANCE OF
P+r lAll Buife 30]
Boce Ratan, FL 33433
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INDIAN RIVER COUNTY
MEMORANDUM
TO: Joseph A. Baird
County Administrator
THROUGH: Stan Boling, AICP
Planning Director
FROM: Roland M. DeBlois, AICP-M>
Chief, Environmental Planning and Code Enforcement
DATE: November 26, 2013
RE: Consideration of Amendments to Land Development Regulations (LD
Chapter 911, Zoning; Chapter 912, Single-family Development; and Chaff
974, Noise and Vibration Control, to Regulate the Location and So
Mitigation of Outdoor Mechanical Equipment in Planned Developments
Small -lot Subdivisions with Reduced Yard Setbacks to Minimize Potential Nc
Disturbance to Adjacent Properties
It is requested that the Board of County Commissioners formally consider the following information at
the Board's regular meeting of December 10, 2013.
BACKGROUND
Charles (Chuck) Fannin and Lisa Fannin own a residence at 2820 Grand Isle Way SW in Millstone
Landing, a Planned Development (PD) with reduced (five-foot minimum) side yard setbacks. At an
evidentiary hearing on May 20, 2013, the Indian River County Code Enforcement Board found the
Fannins in violation of the County's Noise and Vibration Control Ordinance (County Code Chapter 974)
pertaining to an outdoor electric pool heater in the southwesterly side yard of their residence
(approximately 2 '/z feet from the lot line). More specifically, the Code Board found that, after c nsidering
evidence and testimony, the pool heater (when running) exceeds the 60 decibel (day) and 55 decibel
(night) sound thresholds set forth in Chapter 974 for residential zoning districts (as measured from the
neighbor's property). Consequently, the Code Enforcement Board entered an Order Finding Violation,
directing the Fannins to:
"install a sound barrier or take other actions as necessary to reduce the sound level (in decibels A -scale
(DBA)) of the pool heater so as not to exceed 60 DBA (from 6 a.m. to 10 p.m.) or 55 DBA (from 10p.m. to
6 a.m.) when measured from the neighboring property, or otherwise apply for and obtain approi al of an
ordinance amendment that changes the decibel level threshold requirement and comply with the revised
ordinance, as applicable. "
On July 2, 2013, Mr. Fannin addressed the Board of County Commissioners under public
items about the matter and contended that most outdoor electrical units in the neighbor
elsewhere in the county) exceed the Chapter 974 sound thresholds for residential zoning distric
reason, Mr. Fannin recommended that the Board revise the ordinance by raising the sound
1
od (and
For that
150
Alternatively, the Fannins voiced a willingness to build a cinderblock wall around the h
noise, but only with assurances beforehand that building the wall would resolve the code
to abate the
Denise Kelly, the Fannins' neighbor who filed the noise complaint, also spoke at the July 2 Board
meeting and urged the Board to require the Fannins to reduce the current sound level of the pool heater by
installing a sound barrier (wall) or by undertaking other measures. (Note: the Fannins ultimately agreed to
not run the pool heater until a sound barrier or other sound mitigation measure is undertaken to reduce the
decibel level of the heater, and the code case has since been closed.)
As a result of the July 2 public discussion item, the Board directed staff to research the sound levels of
modern, efficient outdoor mechanical equipment so a determination can be made as to what changes to
the County Code relating to decibel thresholds might be warranted. The Board also directed staff to
survey other local governments to determine how other jurisdictions address the issue.
Subsequently, staff conducted research on the matter and reported back to the Board of County
Commissioners at the Board's September 10, 2013 meeting (see minutes, Attachment 1 this report). After
conducting the research, staff recommended that the Board not change the County's residential district
decibel thresholds in LDR Chapter 974. Rather, staff recommended (and the Board agreed) that the
County should develop procedures to minimize potential noise disturbances from outdoor mechanical
equipment in PDs and small—lot subdivisions that have reduced yard setbacks.
To that end, attached for the Board's approval consideration is a proposed ordinance that amen s the
County's LDRs to regulate the location and/or sound mitigation of outdoor mechanical equipment in PDs
and small -lot subdivisions with reduced yard setbacks.
Proposed LDR revisions
As proposed, the ordinance (Attachment 4 to this memorandum) amends similar sections of LDR Chapter
911, Zoning, and LDR Chapter 912, Single -Family Development, by adding the following (nderlined)
language as it pertains to encroachment of mechanical equipment into required yard setbacks:
"Air conditioners, pool heaters and similar mechanical equipment. Air conditioning equipment, pool
heaters, sprinkler system controls and similar mechanical equipment (including utility pad mounted
equipment) may project into any required yard provided that the equipment is mounted adjacent to the
building.
setbacks shall be:
such as a porch or natio; or
• located at least 10 feet from all property lines; or
ibel model unit or installed
or other county -approved noise-mitigatingimprovement."
The proposed ordinance also amends LDR Chapter 974, Noise and Vibration Control, by adding the
following (underlined) exemption to decibel level threshold restrictions established in Chapter 74:
" Noises resulting from an air conditioner,pool heater, and similar outdoor mechanical equipment that is
properly located or county -approved as a "quiet" low decibel model unit or installed wit a coun -
2
FXommunity Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend BC 7 Item 12-10-
13.doc
151
y1 t.1J111(c) of Chapter 911 Zoning and Section 912.07(1)(b)6. of Chanter 912. Single -Family
Development."
Planning and Zoning Commission Recommendation
At a public hearing on November 14, 2013, the County Planning and Zoning Commission (PZC)
considered the proposed ordinance. At that hearing, the PZC voted 4-1 to recommend that tf e Board of
County Commissioners adopt the ordinance (see unapproved minutes, Attachment 2 to this rep rt).
ANALYSIS
As reported to the Board of County Commissioners at the Board's September 10, 2013 mee�ing, staff s
research on outdoor mechanical equipment noise led to the following findings and conclusions:
Sampled AC unit decibel levels: Based on samplings, staff found that AC units installed in the
county are generally in compliance with the County's current residential district decibel
thresholds in "standard" subdivisions with minimum side yard setbacks of ten feet or more. Staff
also found that the noise level of sampled AC units drops between one-half and one decibel for
each foot from the noise source. The decibel readings of the sampled AC units installed at
residences were consistently and substantially lower than the manufacturer's decibel ratings for
the unit models.
Comparison to other- jurisdictions: Indian River County's residential district decibel level
restrictions (60 dBA daytime, 55 dBA nighttime) are in line with the other jurisdictions that have
decibel standards. Of the jurisdictions researched, two have stricter decibel thresholds: Malabar
(50 dBA daytime, 45 dBA nighttime) and Tigard, Oregon (50 dBA daytime, 40 dBAnighttime).
Specific to outdoor mechanical equipment, Volusia County and the City of Daytona Beach
exempt air conditioners that meet manufacturer's specifications from the County's and City's
decibel thresholds; all other researched jurisdictions with decibel standards require outdoor
mechanical equipment to meet established decibel thresholds.
Site specific issues: The Fannin pool heater in Millstone Landing PD that resulted in code
enforcement action for noise threshold violations has the following site-specific characteristics:
the pool heater unit is approximately 2 '/z feet from the side property line, +8 feet from the
neighbor's lanai and +11 feet from the neighbor's bedroom window. Secondly, the Fool heater
unit is located between two two-story concrete homes, causing reverberation. Although Mr.
Fannin had taken measures to reduce the sound (i.e., lowering the RPMs of the unit, installing a
compressor insulator, and limiting use of the pool heater during night hours), the decibel reading
of the heater at the neighbor's property line was still in the mid 60s and in violation of county
requirements.
After conducting the research summarized herein and considering the site-specific characteris ics of the
Fannins' residence and pool heater that led to the noise complaint, staff drafted the proposed LDR
amendments to address the potential noise disturbance of outdoor mechanical equipment in dev lopments
with reduced yard setbacks. As proposed, the amendments offer three alternatives for homeow iers when
installing outdoor mechanical equipment in reduced yard setbacks: 1) locate the mechanical quipment
adjacent to a garage or other non -living area, and not adjacent to an outdoor living area such as a porch or
patio; or 2) locate the equipment at least 10 feet from all property lines; or 3) obtain county approval of a
"quiet" low decibel model unit or county approval for installation of a sound barrier or o her noise
mitigation improvement.
3
F:\Community Development\Users\RO LAN D\LDR\M ech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend BC Item 12-10-
13.doc
152
The proposed amendment adds language to LDR Chapter 974 that would exempt outdoo
equipment installed in PDs and small lot subdivisions that meet one of the three installatiol
from the County's residential decibel level restrictions. As written, the proposed amendmer
exempt outdoor mechanical equipment properly located (i.e., adjacent to the building)
subdivisions that do not have reduced setbacks. In that noise complaints relating to outdoo
equipment in developments with standard setbacks (10 feet or more) are rare (if any), sta
proposed amendment is appropriate.
Consistency with Comprehensive Plan Policies
County Comprehensive Plan Future Land Use Element (FLUE) Policy 1.4 provides that
LDRs shall, through building setbacks or other means, ensure that adjacent land uses are cc
minimizing the potential noise nuisance of outdoor mechanical equipment to adjacent prope
setbacks or other means), the proposed LDR amendment is consistent with FLUE Policy 1.4
conflict with the public interest or any other LDRs.
Impacts on Development Costs and Affordable Housing
The proposed amendment, which provides three alternatives for the location or sound r
outdoor mechanical equipment in developments with reduced yard setbacks, is likely
development costs to a limited degree. As discussed at the Board's September 10 meeti
difference between a standard AC unit or pool heater unit and a "quiet" model unit is approxi
(see minutes, Attachment 1).
The amount of potential increase in development costs associated with the amendment varier
' on which alternative a homeowner chooses. For example, if a homeowner chooses to in:
mitigating improvements instead of locating mechanical equipment adjacent to non -living are
from property lines, there will be costs associated with that sound mitigation. That cos
depending on the method of sound mitigation chosen (e.g., installation of a "quiet" unit, or sot
Simply locating the equipment 10 feet from lot lines, on the other hand, is likely not
development costs. In that the amendment provides flexibility in how a homeowner meets tt
requirements (including flexibility in cost), the proposed LDR amendment has minimal effect
of development, including the cost of affordable housing.
RECOMMENDATION
Staff recommends that the Board of County Commissioners adopt the proposed ordinance
Chapters 911, 912 and 974.
ATTACHMENTS
1. Minutes from 9/10/12 BCC meeting.
2. (Unapproved) minutes from 11/14/13 PZC meeting.
3. County Code Chapter 974, Noise and Vibration Control.
4. Proposed Ordinance amending LDR Chapters 911, 912 and 974
APPROVED:
FOR: December 10 2013
BY: 9��, lk�uo
4
F:\ immunity Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend
13.doc
mechanical
alternatives
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I.R.County ApRWved Date
Admin. -
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Budget K Z
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Risk Mgr. I—
LDR
Item 12-10-
153
BCC 9/10/13 eeting
Minutes Exc rpt
1O. C.1.B. ROBERT WILLIAMS' RE UEST TO REZONE 0.15 ACRE RS -6 To
RM -6 (OUASIJUDICIAL)
Attorney Reingold read the not'�ntoecord.
11. CQLM ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF RESIDENTIAL DECIBEL LEVEL THRESH
LDS IN
THE COUNTY'S NOISE AND VIBRATION CONTROL ORDINANCE
DR
CHAPTER 974 AS APPLIED TO OUTDOOR MECHANICAL EoUIPAIENT
�- Chief of Environmental Planning and Code Enforcement Roland DeBlois, using 0.
PowerPoint presentation (on file), provided background information on a pending electrical
pool
heater noise violation, at the residence of Charles and Lisa Fannin, that came before the Board
of
County Commissioners on July 2, 2013. He provided an analysis on the sampling of central AC
outdoor units, how other jurisdictions address the noise regulation issues, site-specific issues, and
possible alternatives. He recommended the Board not change the current decibel thresholds, but
direct staff to develop procedures to minimize potential noise disturbances from outdoor
mechanical equipment in planned developments and small -lot subdivisions with reduced
setbacks.
Discussion ensued among the Commissioners and staff regarding cost factors a
equipment efficiency; the County's Noise and Vibration Control Ordinance; the small
likelihood of noise problems; possible solutions; and whether to change the ordinance.
Chairman Flescher opened the floor to public comments.
ATTACHMENT 1
September 10, 2013
15
;and
154
Lisa Fannin, 2820 Grand Isle Way, Millstone Landing, provided background
pertaining to the noise from her electric pool heater, her neighbor (Denise Kelly) who
details
complained about the noise, and the Code Enforcement Board violation. She explainedby a
sound barrier cannot be built around the unit, believed the decibel limits in the ordinanc are set
too low, expressed concerns on how this issue has impacted her family's quality of life,
asked the Board to give resolution to this issue.
Stanford Erickson, Millstone Landing, informed the Board that if Ms. Fannin hod spent
about $100 more (for a total of about $500), she would have had a quieter pool heater that meets
specifications.
Dan Lamson, 737 Timber Ridge Trail, Executive Director of the Indian River
Neighborhood Association (IRNA), read a statement (on file) on behalf of the IRNA,
staff's recommendation that the residential district decibel levels remain unchanged.
Warren Dill, Attorney representing Pat and Denise Kelly, noted that the pool heater is a
unit that does not turn off and on like an air conditioner, and is approximately two to three feet
from his client's property line (aerial map on file). He explained how the noise problem is
compounded by the small lots and the five to six-foot setbacks. He believed this to be a one
owner problem, not a County -wide issue; therefore, he encouraged the Board to accept staff s
recommendation to not change the residential district decibel thresholds currently in the
County's Noise and Vibration Control Ordinance (LDR Chapter 974), and allow staff to evel<
rules to address this situation in the future.
Denise Kelly, 2830 Grand Isle Way, neighbor of Lisa Fannin, spoke about the stress of
hearing the constant nine -hour noise of her neighbor's pool heater. She said she had
an acoustic engineer, and was told that: (1) the residential houses being so close together
the noise to bounce from house to house, and (2) installing a barrier wall would not
September 10, 2013
16
lunless
155
,"MOW it is totally enclosed. She felt the cheapest and most effective solution would be for the F nnin's
to move their pool heater.
Bob Johnson, Coral Wind Subdivision, felt the County has some responsibility in the
situation, and suggested waiving the additional costs for permitting if the solution is tomove the
pool heater.
Mrs. Fannin said that she and her husband entertained the idea of installing a barrier
wall until they realized it would infringe on their neighbor's property line, and were told by the
County that even if they install it, their heater would not conform to the decibel limits.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Flescher, the Board unanimously approved to
NOT change the residential district decibel thresholds
currently in the County's Noise and Vibration Control
1*40- Ordinance (LDR Chapter 974), but instead direct staff to
develop procedures to minimize potential noise
disturbance from outdoor mechanical equipment in
planned developments and small -lot subdivisions that
have reduced yard setbacks, as recommended in the
memorandum of August 29, 2013.
I2A EMERGENCY SER VICES -NONE
12.D. HUMANB&E OVRCES-
HUMAN SERVICES - NONE
September 10, 2013
17
156
PZC 11/14/13 Neeting
(Unapproved) Minutes Excerpt
PLANNING AND ZONING COMMISSION
There was a meeting of the Indian River County (IRC) Plan ing and
Zoning Commission (PZC) on Thursday, November 14, 2013 at 7:00 p.rn. in the
Commission Chambers of the County Administration Building, 1801 27 1h Street,
Vero Beach, Florida. You may hear an audio of the meeting; review the meeting
agenda, backup material and the minutes on the Indian River Count website
www.ircgov.com/Boards/PZC/2013.
Present were members: Vice -Chairman Todd Brognano, Member -at -
Large; Charles Rednour, District 1 Appointee; Maria Caldarone, District 3
Appointee; Dr. Jonathan Day, District 4 Appointee; and Jordan Stewart,
Member -at -Large.
Absent were Chairman Sam Zimmerman, District 2 Appoint e; Brad
Emmons, District 5 Appointee; and Carol Johnson, non-voting Scho I Board
Liaison (all excused).
Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan
Boling, Planning Director; Roland DeBlois, Chief of Environmental Plan ling and
Code Enforcement; John McCoy, Senior Planner; and Reta Smith, Recording
Secretary.
Call to Order and Pledge of Allegiance
The meeting was called to order at 7:00 p.m. and all stood for Pledge
of Allegiance.
Mr. Stan Boling, IRC Planning Director, noted th ollowing chang s to the
agenda:
the
thiF
• Addition of Item #3 B. under Ite Not on Consent for an Administrative
Permit Use Approval for Mar' Connection
• Postponing of Ite 6 A., Consideration of Planning Staff's Re iew and
Evaluation of County's Wireless Master Plan and Wireless Reg lations
Mr. ring explained staff had added Item #3B due to time constraints with
Jidoa'y schedule. He confirmed no notice or posted notice was req ired for
m.
A'tTwiMENT 21
PZC/Unapproved 1 N
F:\BCC\All Committees\P&Z\2013 — AGENDAS & MINUTES\P&Z-11-14-13.doc
14, 2013
157
attorney Bruce Barkett [LDRA-13-12-01 / 20130900 -71480]
., [Legislative]
Mr. Boling reviewed the information contained in his morand m dated
November 1, 2013 and gave a PowerPoint presentation, pies of which are on
file in the Commission Office. He concluded with staff' ecommendatio that the
PZC recommend that the Board of County Com issioners (BCC) adopt the
proposed ordinance to allow drive-through and rive -up facilities in M xed Use
PDs.
Mr. Rednour asked how far th>106
dential property had to be frorr� a drive-
through.
Mr. Boling responded tall did not propose a particular dista ce and
thought it might depend o e type of residential property and any buffering that
may be between it and a drive-through; so it would be design based depending
on where the reside 'al buildings were.
Vice -Ch man Brognano opened the public hearing at 7:25 p.m.
no one wisW to speak, the public hearing was closed.
ON MOTION BY Mr. Rednour, SECONDED BY Mr.
Stewart, the members voted unanimously (5-0) to
approve staff's recommendation.
Vice -Chairman Brognano read the following into the record:
B. Consideration of Amendments to Land Development Rec
(LDRs) Chapter 911, Zoning; Chapter 912, Sing
Development; and Chapter 974, Noise and Vibration Co
Regulate the Location and Sound Mitigation of Outdoor Me
Equipment in Planned Developments and Small -lot Sub(
with Reduced Yard Setbacks to Minimize Potential
Disturbance to Adjacent Properties. County -initiated. [Legis)
d since
ulations
e -family
itrol, to
;hanical
ivisions
Noise
ative]
Mr. Roland DeBlois, IRC Chief of Environmental Planning and Code
Enforcement, reviewed the information contained in his memorandum dated
November 5, 2013 and gave a PowerPoint presentation, copies of which are on
file in the Commission Office. He mentioned the Code Enforcement case dealing
with this issue had been resolved because the Respondent had agreed to keep
his outdoor electric pool heater off while he was out of the country and would not
turn it on when he returned until appropriate mitigation measures were taken.
PZC/Unapproved 4 November
F:\BCC\All Committees\P&Z\2013 —AGENDAS & MINUTES\P&Z-11-14-13.doc
I14, 2013
158
Discussion followed.
Mr. Boling pointed out the advantage of the way the ordinance was
structured was that the builder or the owner would need to think ab ut and
choose an option up front before the building permit was issued. He related one
of the unfortunate things in the Code Enforcement case in question was that the
owner of the unit obtained a permit and there was still a noise issue; ho ever if
the ordinance was adopted the decisions would be made up front as part of the
normae process.
Vice -Chairman Brognano asked what costs would be connectedith the
proposed ordinance.
Mr. DeBlois thought it would cost approximately $500 more to get a quieter
unit versus the one involved in the Code Enforcement case, and as far as
installing a sound barrier it would depend on what option was decided on. He
noted another issue concerned the homeowner's association going along with
whatever measures the Respondent proposed for the noise barrier; whereby an
ordinance would instigate the associations to have to come to terms with dealing
with this issue up front.
Vice -Chairman Brognano
forward with new developments
built.
inquired if the ordinance affected only going
and not retroactive to what had alrea y been
Mr. DeBlois stated it would apply to a new house in an existing
only to new construction.
Vice -Chairman Brognano asked how many complaints the
received annually about this type of noise violation.
Mr. DeBlois said complaints about mechanical equipment were p
PD, but
County
rare.
Vice -Chairman Brognano felt the County was going to great lengths for
what was a nominal complaint and it would add money to the cost of new
housing. He favored IRC staff addressing the complaints as they came in.
Dr. Day liked the three options added by staff and thought it woul� put the
onus on the developer at the beginning of the project
Vice -Chairman Brognano opened the public hearing at 7:45 p.m. a d since
no one wished to speak, the public hearing was closed.
PZC/Unapproved 5 November 14, 2013
F:\BCCWII Committees\P&Z\2013 — AGENDAS & MINUTES\P&Z-11-14-13.doc
159
ON MOTION BY Dr. Day, SECONDED BY Mr.
Stewart, the members voted (4-1) to recommend
that the Board of County Commissioners adopt the
proposed ordinance amending LDR Chapters 911,
912 and 974. Vice -Chairman Brognano opposed.
Chairman Brognano read the following into the record:
C. Consideration of Amendment to Subdivision Ordinance pter 913
to Allow Additional Two Year Extension for Sidewalk C nst uction in
Certain Active Subdivisions Platted Prior to 2009. ounty initiated.
[Legislative]
Mr. Boling reviewed the information contained in memorandum dated
October 31, 2013 and gave a PowerPoint /Ig
copies of whichare on
file in the Commission Office.
Ms. Caldarone thought two years wasfor individuals living on
streets with no sidewalks when they had bose believing thy would
have sidewalks.
Mr. Boling agreed someone wh ought a residence early on v
get a functional sidewalk segment un ' the development was built out, \A
why the County had an end date at the sidewalk must be installed.
the County now allowed a two ar period and the amendment would
additional two years; howeve sidewalks alongside a main entrance
common areas were requir d to be built up front or bonded out with
time frame. Mr. Boling nowledged this was a trade off so develop(
not have to complete ewalks located in front of currently vacant lots
them up during subs uent home construction.
DiscussioVensued.
Vice- airman Brognano opened the public hearing at 7:55 p.m.
no one wi ed to speak, the public hearing was closed.
ON MOTION BY Dr. Day, SECONDED BY Vice -
Chairman Brognano, the members voted
unanimously (5-0) to recommend that the Board of
County Commissioners adopt the proposed
amendment.
)uld not
ich was
e noted
Illlow an
)ad and
shorter
s would
ind tear
since
PZC/Unapproved 6 November 14, 2013
F:\BCC\All Committees\P&Z\2013 — AGENDAS & MINUTES\P&Z-11-14-13.doc
160
NOISE AND VIBRATION CONTROL
CHAPTER 974. NOISE AND VIBRATION
CONTROL*
Sec. 974.01.
Short title and purpose.
Sec. 974.02.
Definitions referenced.
Sec. 974.03.
Noise and vibration restrictions, in general.
Sec. 974.04.
Specific noise and vibration prohibitions.
Sec. 974.05.
Additional noise control standards by zoning
district.
Sec. 974.06.
Exemptions.
Sec. 974.07.
Opportunity for administrative approval.
Section 974.01. Short title and purpose.
This chapter shall be known and may be cited
as the "Indian River County Noise and Vibration
Control Ordinance."
It is the purpose and intent of this chapter to
regulate uses and activities in such a manner as
to prevent excessive noises and vibrations which
degrade the quality of life, disturb the public
peace, and jeopardize the health, safety and wel-
fare of the citizens of Indian River County. It is
further the intent of this chapter to recognize that
factors such as the time of day, location (e.g.,
proximity to residences), and necessity of sounds
incidental to allowed uses and activities must be
considered in balancing the protection of public
peace, individual freedoms and private property
rights.
(Ord. No. 90-16, § 1, 9-11-90)
Section 974.02. Definitions referenced.
The definitions of certain terms used in this
chapter are set forth in Chapter 901, Definitions,
of the Indian River County Land Development
Code.
(Ord. No. 90-16, § 1, 9-11-90)
Section 974.03. Noise and vibration restric-
tions, in general.
It shall be unlawful for any person to make,
continue, or cause to be made or continued any
excessive, unnecessary, or unreasonably loud noise
or vibration which disturbs the peace or quiet of
any neighborhood or which would cause discom-
fort or annoyance to any reasonable person of
normal sensitivity. Moreover, it shall be prohib-
*Cross reference --Sounding of train horns or whistles
between certain hours, § 306.04.
Supp. No. 78
974/1
ited for any person to engage
activity that creates any such n
contrary to the specific provision
(Ord. No. 90-16, § 1, 9-11-90)
§ 974.04
in any use or
ise or vibration
of this chapter.
Section 974.04. Specific noisand vibration
prohibitions.
The following standards and restrictions shall
apply to uses and/or activities in unincorporated
Indian River County, except as may conflict with
the provisions of section 974.06, Exemptions, of
this chapter. Uses and/or activities in compliance
with the standards and restrictions of this section
shall not be subject to the noise control standards
set forth in section 974.05.
(1) Radios, television sets, ,
ments, and similar devi,
unlawful to use, operate,
played, used, or operate(
ceiving set, musical inst
graph, television set, or of
device for the production
of sound between the hou
and 6:00 a.m. in such man
a noise or vibration distux
boring premises.
Pertaining to radios, casse'
players and similar devices
motor vehicles, no such
operated in such a manne
noise or vibration disturba
dred (100) feet or more frc
when operated on a public
public space.
(2) Construction equipment a
shall be unlawful to oper
ment or perform any outsii
or repair work on buildin
roads, or projects within
tween the hours of 8:00 p.n
unless an administrative ,
forth in section 974.07 for
tion or repair work betwe
has been obtained from
County on the basis of goon
(3) Engine mufflers. It shall 1
operate any internal coml
including such an engine e
ATTACHMENT 3
usical instru-
s. It shall be
r permit to be
any radio re-
.ment, phono-
er machine or
reproduction
of 10:00 P.M.
er as to create
ince to neigh -
e players, disk
ssociated with
vice shall be
as to create a
ce at one hun-
i such device,
fight -of -way or
id activity. It
.te any equip -
e construction
;s, structures,
he county be -
and 6:00 a.m.
pproval as set
;uch construc-
n such hours
Indian River
cause shown.
unlawful to
tion engine,
)ciated with
161
§ 974.04
INDIAN RIVER COUNTY CODE
a motor boat, or motor vehicle without a
muffler or other device which will effec-
tively prevent loud or explosive noises
therefrom.
(4) Animal noises. It shall be unlawful to
keep or maintain any animal (including
birds) without providing and maintaining
adequate sound -control techniques to elim-
inate any excessive, offensive, and unnec-
essary noise. This provision shall not ap-
ply to property within an agricultural
zoning district.
(5) Vehicle repair in residential areas. It shall
be unlawful to repair, rebuild, or test any
motor vehicle between the hours of 8:00
p.m. and 6:00 a.m. on property within or
abutting any residential zoning district in
such a manner as to disturb the peace,
quiet, and comfort of the residents of the
area.
(6) Activities in the vicinity of schools, courts,
churches, and hospitals. It shall be unlaw-
ful to create any excessive noise on any
street adjacent to any school, court, church,
or hospital which unreasonably interferes
with the workings of such institution, or
which disturbs or unduly annoys patients
in a hospital.
(7) Loading or unloading of vehicles, opening
bales, and boxes. It shall be unlawful to
make, create, or maintain any loud or
excessive noise within the county that
would result in a disturbance to neighbor-
ing properties in connection with the load-
ing or unloading of any vehicle or the
opening or destruction of bales, boxes,
crates, or containers.
(8) Peddlers, hawkers, or vendors. It shall be
unlawful for peddlers, hawkers, or ven-
dors to shout or cry along or on a roadway
to the disturbance of the peace or quiet of
a neighborhood.
(9) Drums, cymbals, and loudspeakers. It shall
be unlawful to create, make, or maintain
any noise by the use of any drum, cym-
bals, loudspeaker, or other similar instru-
ments in the county for the purpose of
Supp. No. 78
974/2
attracting attention to any performance,
show, sale, or display of merchandise, or
place of business. This provision shall not
apply to ice-cream trucks or approval pub-
lic events.
(10) Bells or sirens on vehicles. It shall be
unlawful for any person to use inconjunc-
tion with any unauthorized vehicle any
bell or siren similar to that used on am-
bulances or vehicles of the she iff, fire
departments, and other public safey agen-
cies.
(11) Skateboard ramps. It shall be unlawful to
use any skateboard ramp or similar con-
figuration between 8:00 p.m. and 6:00
a.m. in a residential zoning district in
such a manner that would result in a
disturbance to neighboring prope ties.
(12) Air -blow cleaners. It shall be unlawful for
any person to operate any air -blow clean-
ing equipment or similar devices for the
cleaning of parking lots, walkways, drive-
ways, or similar areas between the hours
of 10:00 p.m. and 6:00 a.m. that would
result in a disturbance to neighboring
properties.
(13) Places of public entertainment. It hall be
unlawful for any public entertainment
establishment or person associated with
or working for said establishmen to op-
erate, play or permit the operation or
playing of any radio, television, phono-
graph, drum, musical instrument sound
amplifier, or similar device between the
hours of 9:00 p.m. and 6:00 a.m. in such a
manner as to create noise or vibration
that is a disturbance to neighbori g pre-
mises.
(14) Sounding of train horns or whis les. It
shall be unlawful for any engineer, con-
ductor, fireman or other person in charge
of or in control of any locomotive or rail-
road train of any railroad compan oper-
ating wholly within this state to sound
any railroad train horn, whistle or other
audible warning signal between 10:00 p.m.
and 6:00 a.m. in advance of or ata y rail
highway crossing located within ndian
162
NOISE AND VIBRATION CONTROL
River County, providing that the crossing
is equipped with train -activated auto-
matic traffic -control devices, which shall
include, flashing lights, bells and crossing
gates.
(15) Landscape maintenance. It shall be un-
lawful for any person to undertake land-
scape maintenance activities in such a
manner as to create a noise or vibration
disturbance to neighboring premises be-
tween the hours of 8:00 p.m. and 6:00 a.m.
(16) Power generators. It shall be unlawful for
any person to manually or automatically
exercise or test a power generator in such
a manner as to create a noise or vibration
disturbance to neighboring premises be-
tween the hours of 6:00 p.m. and 8:00 a.m.
Manual or automatic exercising or testing
of power generators sha
imum duration necessa
facturer's specifications.
(Ord. No. 90-16, § 1, 9-11-90; O
§ 1, 10-13-09)
§ 974.05
be for the min -
to meet manu-
No. 2009-016,
Section 974.05. Additional noise control
standards by zoning district.
Except as may conflict with the specific noise
and vibration provisions of section 974.04, it shall
be unlawful to project a sound or noise from one
property into another property within the bound-
ary of the zoning district which exceeds the lim-
iting noise spectra set forth in Table I below.
(1) Sound or noise projecting from one dis-
trict into another zonii
different noise level sh,
limits of the district int
is projected.
(2) The limits hereinabove
be in accordance with tl
TABLE I. APPLICABLE NOISE LIMITS
Measurement period one-quarter hour (continuous), as measured at the
receiving parcel. In multifamily developments (including duplex deve
ment shall be taken from the receiving premises.
district with a
not exceed the
which the noise
:ferred to shall
following table:
boundary of the
), the measure -
Level L(1). That noise (A -weighted sound level) exceeding one percent of a n
equivalent to at least fifteen (15) minutes.
Level L(10). That noise (A -weighted sound level) exceeding ten (10) percent (
time equivalent to at least fifteen (15) minutes.
Level L(50). That noise (A -weighted sound level) exceeding fifty (50) percent c
time equivalent to at least fifteen (15) minutes.
*Residential developments within Agricultural Zoning Districts shall be subj
level thresholds for the "Residential" Zoning Districts.
Supp. No. 88
974/3
time
a measurement
a measurement
to the decibel
163
Sound Level in Decibels A -Scale (DBA)
Zoning District
Day
6:00 a.m.-10.00 p.m.
Night
10:00 p.m. -6:
0 a.m.
L
1
L
10
L
50
L
1
L
10
L
50
Conservation
65
60
55
60
55
55
Residential
70
65
60
65
60
55
Commercial
1 75
70
65
70
65
60
Industrial
75
70
65
75
70
65
Agricultural*
75
1 70
65
75
70
65
Level L(1). That noise (A -weighted sound level) exceeding one percent of a n
equivalent to at least fifteen (15) minutes.
Level L(10). That noise (A -weighted sound level) exceeding ten (10) percent (
time equivalent to at least fifteen (15) minutes.
Level L(50). That noise (A -weighted sound level) exceeding fifty (50) percent c
time equivalent to at least fifteen (15) minutes.
*Residential developments within Agricultural Zoning Districts shall be subj
level thresholds for the "Residential" Zoning Districts.
Supp. No. 88
974/3
time
a measurement
a measurement
to the decibel
163
§ 974.05
(3)
(4)
INDIAN RIVER COUNTY CODE
If the noise occurs at any time on Sunday
or holidays, the decibel level applicable
between 10:00 p.m. and 6:00 a.m. shall
prevail.
Noise levels shall not exceed the peak
noise levels, independent of time dura-
tion, set out in Table II below:
TABLE II. PEAK NOISE LEVELS
Zoning District
NBA)
Sound Level
in Decibels
A -Scale
Conservation
75
Residential
80
Commercial
85
Industrial
85
Agricultural
85
(5) For noise of impulsive character (hammer-
ing, etc.), the permissible decibel levels
set out in Table I shall be corrected by
subtracting five (5) decibels. Impulsive
sound is any sound of short duration,
usually less than one second with an
abrupt onset and rapid decay, e.g. explo-
sions and blasting.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2011-008,
§ 2, 9-13-11)
Section 974.06. Exemptions.
The following noises or vibrations shall be
exempt from the restrictions set forth in the other
sections of this chapter.
(1) Noises of authorized safety signals and
warning devices;
(2)
(3)
Noises resulting from any authorized emer-
gency vehicle, when responding to an emer-
gency call or acting in time of emergency
or any other public safety operation;
Noises resulting from emergency work,
which is to be construed as work made
necessary to restore property to a safe
condition following a public calamity, or
work required to protect persons or prop-
erty from any imminent exposure to dan-
ger;
Supp. No. 88
974/4
(4) Noises incidental to mosquito control ac-
tivities by the Indian River County Mos-
quito Control Board;
(5) Noises incidental to the activities of bona
fide agricultural operations;
(6) Noises resulting from use of an emer-
gency power generator during a power
outage, provided that the generator is
operated in accordance with manufactur-
er's specifications, with all standard equip-
ment, and is in proper operating condi-
tion. Notwithstanding, noises resulting
from use or testing of a generator by a
utility company to support installation,
repair, maintenance, or restoration of ser-
vice operations are exempt from the re-
strictions set forth in this chapter;
(7) Noises or vibrations associated with uses
or activities whereby an administrative
approval to produce such noises orvibra-
tions contrary to the restrictions
of this
chapter has been obtained from the
com-
munity development director, as set
forth
in section 974.07 of this chapter.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 200
-016,
§ 2, 10-13-09)
Section 974.07. Opportunity for administra-
tive approval.
A deviation from the provisions of this chapter
may be granted via an administrative approval
from the community development director. In
reviewing a request for an exemption from the
noise and vibration restrictions of this chapter,
the community development director shall con-
sider the following factors:
Whether or not the proposed use or activity
necessarily warrants a deviation from the noise
and vibration restrictions of this chapter;
Whether or not the noise and/or vibration as-
sociated with the proposed use or activi y is
compatible with surrounding land uses so as not
to create a disturbance to adjacent properti s;
Whether or not the applicant has taken c
take all effort to limit excessive noises or
tions associated with the proposed use or ac
to meet the intent of this chapter; and
will
ibra-
ivity
164
NOISE AND VIBRATION CONTROL
In cases where the use or activity is proposed
between 8:00 p.m. and 6:00 a.m., whether or not
such hours of operation are necessary, and if so,
are noises and vibrations associated with the use
or activity minimized.
(Ord. No. 90-16, § 1, 9-11-90)
Supp. No. 77
974/5
§ 974.07
165
ORDINANCE 2013 -
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AM INDMENTS
.,,,w„ TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AM ENDMENTS
TO CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE-FAMILY DEVELO MENT, BY
AMENDING SECTIONS 911.15(2) AND 912.07(1)(B)6. TO REGULATE THE SITING OF
OUTDOOR MECHANICAL EQUIPMENT IN DEVELOPMENTS WITH REDUCED YARD
SETBACKS; AMENDING SECTION 974.06 OF CHAPTER 974, NOISE AND VIBRATION
CONTROL, TO EXEMPT PROPERLY SITED AND PROPERLY SOUND -MITIGATED
OUTDOOR MECHANICAL EQUIPMENT IN DEVELOPMENTS WITH REDUCED YARD
SETBACKS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IND AN RIVER
COUNTY, FLORIDA THAT INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 911, ZONING; CHAPTER 912, SING E -FAMILY
DEVELOPMENT; AND CHAPTER 974, NOISE AND VIBRATION CONTROL, BE
AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Chapter 911, Zoning, Section 911.15(2), Yard encroachments, to read as follows:
(2) Yard encroachments. Every part of a required yard shall be open and unobstructed from the
ground to the sky, except as hereinafter provided or as otherwise permitted in this ordinance.
No structure shall be erected within any easement, except as specifically authorized by this
ordinance.
(a) Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural
overhangs, at least seven (7) feet above grade, may extend up to four (4) feet into any
required yard, provided that no such overhang shall extend to within six (6) feet of any
property line.
(b) Sills and belt courses. Sills, belt courses and similar ornamental features may extend six
(6) inches into any required yard.
(c) Air conditioners,pool heaters and similar mechanical equipment. Air conditioning
equipment, pool heaters, sprinkler system controls and similar mechanical equipment
(including utility pad mounted equipment) may project into any required yai provided
that the equipment is mounted adjacent to the building.
lot subdivisions with reduced -yard setbacks shall be:
• located adjacent to a garage or other non -living area and not located adiacen
to an outdoor living area such as a porch or patio; or
• located at least 10 feet from all property lines; or
• county -app roved as a"quiet" low decibel model unit or installed with a
E ounty-approved sound barrier or other coun -a roved noise- iti atin
improvement.
Bold Underline: Additions to Ordinance ATTACHMENT
S • e-tJ%f&ugl, Deleted Text from Existing Ordinance 1
FXommunity Development\Users\ROLAND\LDR\Meeh equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 20131c
166
ORDINANCE 2013 -
SECTION #2:
Amend LDR Chapter 912, Single -Family Development, Section 912.07(1)(b)6., (";
certain types of structures], to read as follows:
acks for
6. [Setbacks for certain types of structures.] Setbacks for certain types of structures
are
reduced or waived, in accordance with the "yard encroachment" provisions
of chapter
911, Zoning. The following yard encroachments are allowed.
a. Structural overhangs. Cornices, awnings, eaves, gutters or other simil
ir structural
overhangs, at least seven (7) feet above grade, may extend up to four
4) feet into
any required yard, provided that no such overhang shall extend to w
thin six (6)
feet of any property line.
b. Sills and belt courses. Sills, belt courses and similar ornamental features
may
extend six (6) inches into any required yard.
c. Air conditioners, pool heaters and similar mechanical equipment.
Air
conditioning equipment, pool heaters, sprinkler system controls
and similar
mechanical equipment (including utility pad mounted equipment)
may project
into any required yard provided that the equipment is mounted adjacent
to the
building.
In order to minimize potential noise nuisance to adjacent Properties.
air
conditionerspool heaters and similar mechanical equipment i
Planned
Developments and small -lot subdivisions with reduced yard sett
acks shall
be:
• located adjacent to a garage or other non -living area. and i
adiacent to an outdoor living area such as a porch or patio;
• located at least 10 feet from all property lines, or
• county -approved as a "quiet" low decibel model unit or ins
a county -approved sound barrier or other county-aDDro
mitigating improvement.
SECTION #3:
Amend LDR Chapter 974, Noise and Vibration Control, Section 974.06, Exemptions, to read
as follows:
Section 974.06. Exemptions.
The following noises or vibrations shall be exempt from the restrictions set forth in the other
sections of this chapter.
(1) Noises of authorized safety signals and warning devices;
(2) Noises resulting from any authorized emergency vehicle, when respond ng to an
emergency call or acting in time of emergency or any other public safety operati n;
Bold Underline: Additions to Ordinance 2
S#ike dwoughi Deleted Text from Existing Ordinance
FXommunity Development\Users\ROLAND\LDR\Meeh equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 2013. oc
167
SECTION #4: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #5: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or confl'ct.
SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", 'article", or
any other appropriate word.
SECTION #7: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
Bold Underline: Additions to Ordinance 3
Sttike thretghi Deleted Text from Existing Ordinance
F:\Community Development\UsersUROLAN D\LDR\Meeh equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 201 .doc
168
ORDINANCE 2013-
(3)
Noises resulting from emergency work, which is to be construed as work madc
to restore property to a safe condition following a public calamity, or work required
necessary
to
protect persons or property from any imminent exposure to danger;
(4)
Noises incidental to mosquito control activities by the Indian River County
Mosquito
Control Board;
(5)
Noises incidental to the activities of bona fide agricultural operations;
(6)
Noises resulting from use of an emergency power generator during a power
provided that the generator is operated in accordance with manufacturer's specifications,
with all standard equipment, and is in proper operating condition. Notwithstanding,
resulting from use or testing of a generator by a utility company to support installation,
repair, maintenance, or restoration of service operations are exempt from the
outage,
noises
estrictions
set forth in this chapter;
7
Noises resultin2 from an air conditioner,pool heater, and similar outdoor I
equipment that is properly located or county -approved as a " uiet" It
model unit or installed with a county -approved sound barrier or oth
noise -mitigating improvement as set forth in Section 911.5(2)(c)
Chapter 911 Zoninyz, and Section 912.07 1 b 6. of Chapter 912 Sin,ale-Family
iechanical
iw decibel
r countyapproved
of
Development.
Noises or vibrations associated with uses or activities whereby an administrative
to produce such noises or vibrations contrary to the restrictions of this chapter
obtained from the community development director, as set forth in section 97
approval
has been
.07 of this
chapter.
SECTION #4: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #5: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or confl'ct.
SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", 'article", or
any other appropriate word.
SECTION #7: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
Bold Underline: Additions to Ordinance 3
Sttike thretghi Deleted Text from Existing Ordinance
F:\Community Development\UsersUROLAN D\LDR\Meeh equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 201 .doc
168
ORDINANCE 2013 -
This ordinance was advertised in the Press -Journal on the day of
a public hearing to be held on the day of , 2013, at which time it
adoption by Commissioner , seconded by Commissioner
by the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Bob Solari
The Chairman there upon declared the ordinance duly passed and adopted this
, 2013.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
Peter D. O'Bryan, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and
_, 2013, for
moved for
and adopted
day of
BY:
Deputy Clerk
EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of
2013.
APPROVEP AS TO FO EGAL SUFFICIENCY
Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AIC , Planning Director
Bold Underline: Additions to Ordinance 4
Strike tkreu& Deleted Text from Existing Ordinance
FXommunity Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 2013 doc
169
LDR Amendment to Regulate
Location and Sound Mitigation of
Outdoor Mechanical Equipment
in Developments with
Reduced Yard Setbacks
Board of County Commissioners
December 10, 2013
Background
7/2/13 and 9/10/13 BCC public discussion items:
• Pool heater noise violation code case in Millstone
Landing (Charles and Lisa Fannin, 2820 Grand Isle Way)
• Pool heater located in side yard of a Planned
Development (PD) with reduced setbacks (5' minimum)
• Question: should County noise ordinance decibel levels
be revised, or other solution (i.e., sound barrier wall)
• Conclusion: decibel thresholds should not be changed.
Instead, County should develop procedures to minimize
noise impacts of mechanical equipment in developments
with reduced yard setbacks.
C A, I
Ia l0 Z01�
169.1
Staff research / analysis
• Sampling of decibel levels of AC units
commonly installed in the county
• Comparison of County regulations to other
jurisdictions
• Consideration of site-specific
characteristics
Sampling of AC unit decibel levels
Staff's findings:
• AC units aregenerally in compliance with County's
residential decibel thresholds in "standard" subdivisions
with side yards of 10' or more)
• Decibel levels drop '/z to 1 decibel each foot from the
noise source
• Decibel readings are consistently and substantially lower
than the manufacturer's decibel rating of the units
169.2
Comparison to other local government
noise regulations
Staff's findings:
• Indian River County's decibel levels (60 dBA day, 55
dBA night) are consistent with other jurisdictions
• Some jurisdictions do not use decibel thresholds, rely on
%,qualitative" criteria
• Some jurisdictions require soundproofing of mechanical
equipment to eliminate off-site disturbance
• Two jurisdictions (Volusia County and City of Daytona
Beach) exempt AC units that meet manufacturer's
specifications from decibel thresholds
Site-specific characteristics
. Fannin pool heater site-specific characteristics:
• ±2.5' from property line
• ±8' from neighbor's lanai/porch
• ± 11' from neighbor's bedroom window
• Located between two 2 -story concrete homes
(reverberation)
Efforts to reduce noise to date:
• Lowering of rpms
• Installation of compressor insulator
• Limitation of use during nighttime hours
Current decibel reading at PL: mid -60s dBA
1x9.3
0 Gti,�ornc
pSE�P v w'.• 4r
goo �9► ,' <_'t � ��
Stpg •e�� cy'.'• � `
Proposed
Lot 145
J
44
r
•\ \ i was / by 0
\ '\ Proposed
\\ Lot 147 $ /�
±2.5 feet from PL
±8 feet from neighbor's lanai
±11 feet from neighbor's bedroom window
10.4
Proposed LDR Revisions
(LDR Chapters 911 and 912)
...[mechanical equipment] in Planned
Developments and small -lot subdivisions with
reduced yard setbacks shall be:
• Located adjacent to a garage or other non -living area,
and not located adjacent to an outdoor living area such
as a porch or patio; or
• Located at least 10 feet from all property lines; or
• County -approved as a "quiet" low decibel model unit or
installed with a county -approved sound barrier or other
county -approved noise mitigating improvement.
I(,9.5
Proposed LDR Revisions
(LDR Chapter 974)
. Add exemption to decibel level threshold
restrictions in LDR Chapter 974 (Noise
Ordinance):
• Noises resulting from [outdoor mechanical equipment]
that is properly located, or county -approved as a "quiet"
low decibel model unit, or installed with a county -
approved sound barrier or other county -approved noise -
mitigating improvement as set forth in [LDR Chapters
911 and 912].
Planning & Zoning Commission (PZC)
Recommendation
. 11/14/13 public hearing: PZC voted 4-1 to
recommend that the Board adopt the
proposed ordinance amendment.
169. 6
Staff Recommendation
• Staff recommends that the Board of
County Commissioners adopt the
proposed ordinance amendment.
W- SCRIPPS TREASURE COAST
NEWSPAPERS
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
SCRIPPS AFFIDAVIT OF PUBLICATION
IZ-10-2o 13
�0\-� -
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and
that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in
Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer
INDIAN RIVER CO PLANNING
Ad Pub
Number Date Copyline
2576629 11/25/2013 PUBLIC HEARING
Po #
12-10-13 MECH EQUIP
NEWSPAPER E -Sheet®
LEGAL NOTICE
ATTACHED
************* *******
DON 1
SEPARATE P
Sworn to nd subscribed beforq'"me this day of, November 25, 2013, by
j A : , �.� I Q who is
Sherri Cipriani ORIG,
[X] personally known to me or
[ ] who has produced as identification.
1
_J
I
Mary T. Byre Notary Public
"r"•• MARY T BYRNE
Notary Public - State of Florida
My Comm. Expires Aug 2, 2014
Commission # EE 7134
AL
TCPALM.COM CLASSIFIED
IN MONDAY,
NOVEMBER 25,
2013 • SCRIPPS TREASURE
COAST NEWSPAPERS
IT
ORDINANCES
&PERTIONS
ORDINANCES NOTICE OF NOTICE OF
&PETITIONS FORECLOSURE FORECLOSURE
NOTICEOF
FORECLOSURE FORECLOSURE
NOTICE OF
FORECLOSURE
NOTICEOF
FORECLOSURE
NOTICEOF
FORECLOSURE
NOTICE OF
FORECLOSURE
NOTICE OF
NOTICE OF
• PUBLIC HEAPING
ning Dwi VI, office entitled, at no con 1.
located in the com you, ID 11,¢ provision NOTICE IS HERE By
eres in IM1e .ury
pusniromithe sale, if
are eerin0 or voice
aged, call)11.
ti:
Plaintiff and DEBRA
K. KERSEY AIK/A DE
F H E SURPLUS Pub:
FROM THE SALE. IF
N—mber 25.
December 2, 2013
TCN25757921
ASSOCIATION, AS
TRUSTEE,SUB ES
INTEREST
NOTICE IS HEREBY
munity development of cenein assistance. GIVEN pursuant !° a
division on the first Pleeae comaq Corrie Find Judgment of
any, o[ner IM1en the Pu
p1, peM owner es of
November 18,
25,2013
BPA KAY KERSEY
A/KLA DEBRA KER
ANY, OTHER THAN
THE PROPERTY
TO BANK OF AMEN
N THE CIRCUIT
COURT OF THE
NINETEENTH
JUDICIAL CIRCUIT,
Q GIVEN that the
Boa,d of Count
Co mmiss Tonere o�
floor of the County Johnson, ADA Coon Foreclosure a Im,
Admirastration Com- dinalo r, 250 NW Au 2, 2013
fez Build Ing 'A'. Country Club Or.v. CMlluCase Nm. 2012
a dale of the lib
pendens, moat file a
claim wi[hin 60 tlaya
TCN2574198
SEY; SANDRA RAMI-
REZ; ATLANTIC
CREDIT & FINANCE
OWNS AS OF THE
DATE OF THE IS
PENDENS MUST
CA, NATIONAL q5-
SOCIAT ON AS
TRUSTEE AS SUC-
CESSOR BY MEFG-
IN THE CIRCUIT
COURT OF THE
Q Indian River County,
Florida shall hold a
nearing a[
Anyone who may Suite 21 ), Port St. CA000825 of the Ciry
wish to appeal vny uci FL 34906, tui Court of the
deasion^whicM1 may I))21e 80]-4370 et NINETEENTH
cher the sale.
Angela Brenwalt, Esp.
JUNINIAL�NTH
CIRCUIT
NAND FOR INDIAN
INC: UNKNOWN
TENANTS ere he
palandantlsl-JeHreY
Smhh Clerk
FILE A CLAIM WNN-
IN 60 DAYS AFTER
THE SALE.
IN ANp FOR INDIAN
RIV`fl COUNT",
FLORIDA
EP TO LASALLE
BANKN TION
SC ATION, AS
Wublic
hlcM1 ponies in im
and citizens
be me e t [niz lees[) c. before Judmial Circui, in
meeting, will need io your scheduled court and for Indian Rwer
M Calla Raymer. LLC
Artorney IN, PI
RIV FLORIDAII
az IM1e
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rhie 260taay of
312001CACI 1]62%XX
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hat a verba epepBI1a I, or im- County, Vero Beach,
[i "mu record of [he diAiiIV, anon re- Florida, wherein THE
225E F n"Sc
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CIVIL ACTION
wi se i1C1. the
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ABACKEORSE
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Dli-1L32801
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CASE rv0 -
012 -CA -030520
2 DIVISION:
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¢close com, at 10:00 Law
Bar LASALLEBANKNA-
by:
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SET BACKED CES
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chides IIIII ny scheduled
and evidence upon a pears nce is less PK,AS TRUSTEE
is ) days; if FOR THE BENEFIT
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W E l L 5 FA R G 0
AM ] n DECEMBER 3, CIF;.
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LeOal Group,
HU 1
TION, AS TRUSTEE
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aced e[ 1801 1]th
W Street, Vero Beach,
which F. appeal 1Fan you
based, are hearing or voice OF THE CE RTIFI-
mcc llaraymescom
a
BANK, NA,
cried propenyl 100
NW 69th'I""
BAP SOLDERS OF
E iEARNS A5
p�aintili ands
Florida, on Tuesday,
peires, call 711. CATEHOLDE RS OF
Punb: November 18, TARE CWpRS INC.,
Fla Bar NO.: 922 Plaintiff,
NOS
s
1 Ih in said Sune
Fi`zal Judgment, to
120
FL
BACKED SECU-
THOMAS STADEL-
MAN; STATE OF
pecember 10. 1013 Please
eId900aa monoo'
direct plan-
r aced Ruen 25,1013 SSET-BACKED
to the environ- TCN2574189 CERTIFICATES, BE
T3-02)464
D ice to Pers arts SEAFIN
with Disa billies: II
GARCIA, et
1. LOT
Defentlani sl.
wi: 33LDa3utlerdale,
13, OSLO flIDGE III'
1510 N.
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OWN USE
PHILIP J LO
ordinance Pentitletloan
meal plan Sim sec- RIES 10D1SD1 1s
ton et 226123). THE CIRCUIT pleinUli and SHAwnM1
yo r u
atlisabil'MrwnO
gCCO DIN GTO TNEP
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A.; UNKNOWN
J AN ORDINANCE OF
COURT OF THE FON P. MITCHELL
needs any auommo-
de[ian in
NOTICE OF
FOgELLOSURE SALE
PLAT TN EEOC, AS POK
RECORDED IN PLAT
SERV ICEPLAINTIFF,
SUANTTO FIA.
M5
TENANT NIKA LISA
N-
O M N DI AN R IVER
I.Y COU HTV, FLORIDA
ANYONE WHO NINETEENTH e d TIMOTHY
NEEDS A SPECIAL JU CIAL CIRCUIT MITCHELL are G.N.-
OF FLORIDA Iamb, the Clerk
°iderhi
pert cip n t s
NOTICE IS HEREBY
BOOK 11, AT PAGE
16, THE PUBLIC ¢service®
1. JUD. ADMIN 2.516
TTNIAS K. MARTI-
AL.,
ATAGELMAN;
KNOWN TENANT
IN POSSESSION
U ONCE RNING AN
A ME NOMENT TO
ACCOMMODATION of
FOR THIS MEETING NN ANp FOR Coon will sell to IM1e
prpceedieg
en eI o wnaip
GIVEN pursuant to a
Jutlg
OF
BEC qE5 OF IN01-Ice
algr0up.com
nO8d9
DEFENCANTISI-
OF TME UBJECT
OF
PU., STYT1areC I,
ITS LAND DEVELOP-
L ENT flEG ULA-
MUST CONTACT DIAN HIVE ighen end bas[ hid-
THE COUNTY'S COUNTY 1BBI I.,911, cash elecfr0
younlm MA provision
ieenain assistance.
mens of
Moe[I Boge Foredo-
sur ea October
qN FIVE COUNTY,
FLORIDA.
NOS
T2
ori to Parsons
Disabilities: II
CLOSUNOTICEOF
FORECLOSURE SALE
lendantb. a ek
of shall
U- TIONS IOFI: PRO-
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AMENDMENTSTO
AMERICANS WITH GENERAL virally et www intl�a
DISABILITIES ACT JURISDICTION n e teat oreclove.c
COORDINA DIVISION ora n-1,111se
Please contact Corrie
Johnx°n, AOA CN-
dina[o,C 150
1B, 3 and enleretl
Z01a
Case No. 311012
a m'
qn 0
a in ltM1e boo
witM1c
you area "NOTICE
Title gsabilrymwno
IS HEREBY
This hou ^[
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s[biddei for
Cele
915
PLANNEDEOEVELOP
TAODAI
R Ai 2261123 AT CASE NO. iIh CM1a Ater
IEASi 48 HOUflS IN 2012{g0ooe25 Florida 5lecuces on
Court[ry lab Drive.
Suite 31 ). Port St
LAL0A8N ,1 [rte I[ir-
< of he
p mi 11,^sale, fi
a an the
nee a any a mo
dation in order to
° EN Du rsuan! [o
an Order 1 Final
town ton ca at
w w.IndianRi�e r
N&•• W .ENT IP.D.) 1F0-
ADVANCE OF THE tM1e 2Bntl tlZyOol De
BANK OF NEW
Lucie. FL 34986,
BG> 43)0 a1
NINETEENTH Jutli-
ci Ci u in and for
poop nyM1 owner ab of
the dale of the lis
par[ici bU in this
are
ou mmary Judgment
Fo'eBi are da otl
r re<mse com in
a rtlance with sec
U SAND STAN-
DARDS FOR PC El
MEETING. c
ORB MELLON FKA 1 00 AM�Km IM1e fol-
least) days before
INDIAN RIVER Coum
Fl in
pendens must file a
procle Btling, eau
nate al n cos[ 10
rte d aY t
A u 9 u.t, 2010,
'on x5.031, Florida
SPL_U. 1000 AM
0 P M E N T . B Y
M Q I..� AMENDING MIXED
USE STANDAR OS
INDIAN RIVER THE BANK OF NEW lowing described
COUNTY YORK,AS TRUSTEE pr pen es set IonM1
BOARD OF COUNT" SFO' THE BENEFIT Ino iay5ummery Fi-
your 111,1led court
gip era c¢ or m
mediately u^on ire-
[�, Dritle woe re
S F A R G O
BANK, NA is the
BAR'
clIFi,m Rib SO days
a er esele.
yoou, to the provision
i cenein assistance.
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tl emend in Caxe
on 1 e AM1 Jay of Oe.
20 3, IM1e
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•
SECTION 915.30:
r O AND BY PROVIDING
FTHE CERTIFI-
COMBMISSIONERS nal Ju agmen[, to -wit:
- Peter O. CATEHOLOEflS OF LOT BLOCK 3,
eivn is
c otLRca
tion it IM1e Time be-
Pla inliGp n
SEAFIN PLIA:
Dated thio 5 day °f
November, 2013.
Johnson, ADA COor
dinalo NW
311XOBCA011]62XX
% X, of [rte Circuit
Nine
ober
wino aexeriEN,
Prope a
sF li
Z F Z FOR EPEAL OF
D'Bryan,Ch.irman THE CWABS INC., UNIT N0.1. WHIN-
ASSET-BACKED PALMS,
lone the"bch¢diled
'a
EVANGEIINA PEEZ
A/K/A EVANGILINA
BY
Ad— Malley
Dunt Club Drive,
Suite 31), Port St.
Cout of the
e n JUBtlirialJudgment,
n y d noanl
to wrt:
CONFLICTING PRO-
VISIONS; COGIFICA-
TION; SEVERABILI-
PERU
Pub: November 25, ETIFILATES, SE- ACCORDING TO THE
2013 RIE52D015E,, PLAT THEREOF, RE
PaintiH, IN PLAT
a para ce ass
iFen I tlaYs; if you
re hearmg or voice
Impaired, )11.
GAPCIA; arei G.
tandems, The Clerk
o11M1e Court will sell
GL Bar Y: 6986]
for
Coreylrniz
Lucie, FL 31986;
()12) 80143]0 a
leap ]days before
qu n an 101 Indian
ear County, Flori-
tl The Clerk of
LOT t9, BLOCK 603,
"'ASTI AN HIGH -
NOS UNIT 17.
TY; AN EFFECTIVE
° DATE.
TCN25]6629 COgDEO
OOOK S PAGE 58,
TIMOTHY MITCHELL, 0 F P U B l C R E-
call
Pub: November 1B,
Z5, 2013
IM1e highest and
best bidder for casF
'an-nv
Florida Bar: ]2580
gObenson, Anschutz
y cheduled cpun
a r a
medately
Courz wdl sell to the
�gM1eq end best bid-
der for uzM1 et IM1e ln-
CCORDING TO THE
pkpT THEREOF RE -
CORDED IN PLAT
Said ordinance, if
adopted, will allow
tlHve-tM1ru and drive-
facilities for
el a. CORDS OF INDIAN
NOTICE OF Oefendanm. RIVER COUNTY,
FORECLOSURE FLORIDA
NOTICE OF My person claiming
0SAIF A
TCN3514194
IN THE CIRCUIT
COURT OF THE
at in r
reallorecl°se com¢ Al
1 0:0 0 A M , O n
11/03/2013, the fol
&-mod, P.
nays for PI.i.RY
010rN. Military Trail,
3 Sune 3DB
a4.R red
cawing this monfica-
ion it IM1e Cine be
fore the acheduletl
digin Rrver County's
Public Auction web-
"UI, ww.indlam
POOL 8, PAGE 45,
IC AEC ORDS
OF INDIAN FIVER
u res
A within e
[s
etlnUve POtsub-
IN THE CIRCUIT FOR
COURT OF THE
NINETEENTH
JUDICIAL CIRCUIT IN
wi 9
to n desc ribetl
prOD. set fonM1
B oca Pa mm, FL 33431
11.11539 NOS
appearance is less
then) tlaya; it you
ri realloreclose.co
h 10:00 A M, o;
11lth deyo
COUNT", FLORIDA
O Io
NLNETEENTH
UDIC14 CIRCUIT
AND FOR INDIAN
RIVER COUNT",
aYies
,n s d Final
Judgment:
Notice to Persons
with Disabilities: R
are M1earing or voice
uh aired, call 111
the
DM1e cam be r, 2013.
ANY 1AESON[LAIM
NO AN INTEREST
N
OF FLORIDA
FOR NOTICE OFACTION NOTICEOFACTION
FLORIDA
CAS E NO.
LOTS A AND 0
BLOCK 33, AEPLAT
ou era a person
w- abnM wnm
Pu E:CN.,_ er 181
z5, 2 u
fa1-9l tle-
prop¢r a
THE SURPLUS
11- Fill VALE,
draft of IM1e pro
Nos d ortlinence is
To AND flIVEP
COUNTY CIRCUIT COURT OF THE
3t-2012-CA000)51
OF A PART OF THE
TOWN OF FELLS-
eede amy accomm.
daliB1 in rattler to
TCN257103
forth in said incl
Ju[tlgment, to wn'
ANY, OTHER THAN
THE PRO PE RTE
available et the Plan
0 hR1 Division office
IN THE
GENERAL NINETEENTH JUDICIALLIRCUIT IN AND
WELLS FARGO
NA.
MEF, ALLO"'
E P l T
a ici ate In this
proce ding,
IN THE CIRCUIT
COURT OF TME 19TH
LOT EUCALYPTUS
PLACE, ACCORD NG
OWNER AS OF THE
DATE OF THE L S
° C located in the com
I!'11 O munity development
Irst
JURISDICTION FOR INDIAN FIVER COUNTY. FLORIDA
DIVISION CASE N0: 312013 CA000906
CASE N0.
PBANK
ainulHsl,
v
T 0 T H A
EEOF, AS RE-
CORDED IN PIgT
you are
¢raided, e[ "o cost to
JUDICIAL CIRCUIT IN
AND FOE INDIAN
RIVER COUNT",
T O T H E P L A T
THEREOF, RECORD.
pE N DE N5 MUST
FILE A CLAIM WITH.
L.� _ division ran the
Iloor OI IM1e Coun1Y
2011 -CA -0030651 WELLS FARGO BANK,NA.,
Plaintiff,
MEREDITH L. BEN
ETT: et el,
OOK e, PAGE 5,
P ELIC flECORGS
oPueena n1, assistance
pease cont Corne
LO),IOR
ED IN IAT BOOK 5,
PAGE >2, OF THE
IN 60 DAYS AFTER
HE SALE.
Atlmininretion Com-
T Diez buildi^o 'A'.
Y--• �! Q
THE BANK OF NEW S
IS ME LLON FKA JANET GRINSTEAD; DALE GRINSTEAD; et
Delendanilsl.
OF INDIAN FIVER
OUNTY, FLORIDA.
JBohmzon, AOA Coon
inator 350 N W
GENEPI
JURISDICTION
DIVISION
PUBLIC RECORDS
OF INDIAN RIVER
pared thin 6 day OI
A new m
F sy
iso to ap edl a"y
decision, wnlch may
THE BANK OF NEW
YORK AS TRUSTEE plFn
R THE CERTIFI- ee demfisl.
NOTICE OF
FORECLOSUPF
SAIECPURSUANT TO
ANO LOTS 22 3yp
BLOCK
MOWN OF FELLS-
Suitetrlt)LUPort X50.
Lucie, F 3
312 CASE NC.:,.
01 CAQW150
COUNtt,fLORIDA.
Amy
November, 2013.
BV: brace K. Fay
Bar Number 9]306
i 4% U be nada et thisgTB50LDE5
'6 0) eenngilwill need to
OFC- NOTICE OF ACTION
AP R45
RE, AORDING
T O T H DEC P L A T
leastl) 3belore
FALCON TRACE
�hst l�M1eh zale1ugl
I—
OIIce of
Q '^ Q at e verba-
Vl °f t
,INC., ASSET-
BACKED CERTIFI-I TO: Janes Grinmead
NOTICE IS HEREBY
Sale
THEREOF, AS RE
days
n tluled conn
a ac
SOOATTION NCAHOMEOWNERSSa
mpeM owner ax of
pA ice Legal Group,
ee ^V
a awhichvi
ml
TES, SERIES a
Z0061, Ltil,W,LR H—h, FIL DISE31 WhiteH
pl R ran
GVEN that will
bamdepuzuan o
n Order or F nal
ORDE1D IN PLAT
0011 P1BASES
AND a RE
ar °r Ira
Iy -
Qede 99 i nofiliti .
-prof^[Florida
a �a
Ane of the Lis
Pl.ndevi mu a
1800 NW 49th Seree[
Suite 130
dev [estim On
and evidence upon
vs' YOU ARE NOTIFIED that a^ auion io fore
JAYNE E. JOHN the following
Summery Judgment.
Final Judgment was
LOADS OF ST U
CIE COUNT", FLORI
ion"ii lheatime e-
jure iha scheduled
Bc sin iff,
VB
cam whin ,=
aher [he sales dlays
Lautlerdele, FL
3309
which the appeal is
based.
close A mortgage °n D Pi,e
ETON; e1 al., W in Indian Rrver County, Florida:
a warded on July l2,
20[3 Civil Case
OA. SAID LAND
a pea anceI, ass
MAPCO A. GASTRO
and AN1. A I.
ON ed [III Btn day of
T'I. 1954145303E5
Please direct plan-
Detentlants.
LEGAL DESCRIPTION
OF
N.: 12 -CA-
3n1
DDO)51, ol2tha Cirtuli
NOW LYING ANO
8EI NG IHINDIAN
FIVER OUNTY,
thanh7r days; it you
ae etl maorvoice
11711.
TRO, et al;
Delendanllsl.
Micner, 1013.
Quem aelPOruning.
DTIMGANATEO
YE -MAIL
SERVICE
nim.- refuted Rues
O the current
122&opment soaion
ryOTICE PARCEL ONE:
FORECLOSURE SAIF PARCEL
LOVE SUBDIVISION, UNIT
SITUATED IN THE STATE OF FLORIDA.N
Court 0 Cha 1911, Ju
diciel Circuit in end
INDIAN RIVER
FLORIDA.
q/KLA 55 5 OAK
it sire ,c
Pub: November le,
25,2013
O TICS OF
FORECLOSURE SALE
ESR.
Florida Bart: 3)361
Connolly, GB—Y, Ab -les
POR
gSUANT TO FLA.
A. JUD. ADMIN 2516
q 23)
NOTICE IS HEEBV COUNTY OF INDIAN FIVE, AND BEING A
GIVEN punuanl m a ,OPTION OF EMERALD COVE SUBUIVI
of
County, Florida,
WELLS
STREET. FELLS-
MERE, FL 32918
TCN1 5]4 y
6
NOTICE IS HEREBY
The Blackstone
nice@
li galgr p.eom
3020 NOS
IN THE CIRCUIT
COURT OF THE 19TH
CIS ANYONE W H 0
Summary Final SIGN AS RECORDED IN PLAT BOOK 16,
Judgme nl Of Fore- OF THE PUBLIC RECORDS OF IN
w1, a I1'n,
FARGO BANK, NA k
6 3
GIVEN pursuam io a
Budding
No i ice tm IIIII—z
NEEDS A SPECIAL
ACCOMMODATION
PAGE 45
1pbp,¢ ¢mer:a qu N PNEP COUNTY, FLORIDA, BEING
rte Plaintiff, and,
MEREDITH L. BEN
s
cihm nr�
JUDICIAL LIPCUIT,
IN AN
0 e I a u t F n e
ant o
Jutl f Fore
100 S°u[n pixie
ghway, Suite 200
with Disabilities: II
u re a ersOn
aha
O FOR THIS MEETING
gun 2, 2.12 in Civil MORE PAATICULARLV OESCPIBED AN
2011CA-
NETT; TO 0"'
a^yime Ini
plus from [1,e sale, if
EVER
IN RNEfl
ox �re dated the ]11,
West Palm Bea3n, FL
p
w edizebiiiry who
MUST CONTA CT
COUNTY'S
da bNo. BOUNDED AS FOLLOWS:
5 of the Circuit COMMENCING AT THE NORTHEAST COR
GROVES VILLAS
ny A1h than the
COUNTY, FLORIDA
CIVIL DI VISION
day of November,
2013 and enVtered in
3401
P,imleaHdation
¢¢ds any accomme
THE
AMERICANS WITH
Court of IM1e NINE NEP OF SAID EMERALD LOVE SUBDIVI-
-NTH Judicial E
CONDOMINIUM AS
pOCIATIO N, INC.;
opeM owner as o f
Phe °f IM1e Lis
CASE NO.:
°
C o0 ] e
p �n0sw
in order 10
ci ate in this
DISABILITIES ACT
N X IAGA1 CGOGG,"A
SION. THENCE S 15°00'00' A DISTANCE
Circuit in end for In- 5.00 FEET TO A POINT: THENCE 5
than River Caun[y, 39°2)'44' WA DISTANCE OF 43.01 FEET
ND UNKNOWN
TENANILS) IN POS
Bdate
en en 1,u^ tile[¢
tle wi s z y
312D13CA000761XXX
%%%X
31 1 CA000150, of
U. Cim.it Court pl
S cdlaw.com
econOR Cm .,
proceetling, you are
entitled, eI n° cost Io
TOO AT 2251213 AT
— LEAST U HOURS IN
Wero Bevch, Florid., TO A POIM, THENCE 5 15°00'M' E A DIS
herein THE BANK
SESSION ere GBE.
160) tlaya et[er�iM1e
sola'
THE BANK OF NEW
Iuii in Judicial Cu�
end for lntlian
uning VY
acdlaw.com
you, 10 I U. 5 rovision
c s
°lease
_ - ADVANCE OF THE
r rQ / 1 - 1 MEETING.
OF NEW YORK MEL TANCE OF 46.50 FEET TOA NCE 01
- THENCE 5 I1°01'51' W A DISTANCE OF
ION FKA THE BANK )1 FEET TO A POINT; THE S
TM1aml.rk of [1,e court,
¢ ce
Je�Ir 1Y R� Smdn, will
goneld fl WOl(e &
YORK ELLON.
F/IUA TME BANK OF
River County, Fiore
?a, wherein GAICON
CE HO M E
Toll Free:
(5611411-1668
p comae Corrie
Johnson, AOA Coon
V amid` INDIAN PIVEq
COUNTY
N Z r BOARD OF COUNTY
OF NEW YORK, AS 50'09' W A DISTANCE Of 10fi fig FEET
B9
TRUSTEE FOR THE TO A POINT; THENCE S. 00°20'07' W A
CERTIFI CATEHOLDE DISTANCE OF 60,56 FEET TO A POINT:
e o the 1,igg1,est
bidder for ca" on
^waintlian r
Associates, PL
0. Boz 25018
Til FlOnda
NEW YORK, SUC
CENSOR IN INTE
EST TO JPMO'GAN
CHASE BANK, N.A.
O ES' ASSOCIA-
WN
TION, INC., a Flo"da
n P1ro`i^ corpora-
Facsimile:
1561) 2490121
Counsel for Pla�nuH
061.201011 NOS
cinat°r, 250 NW
Dun r Clvb Drtv¢,
Suite 31F, Pon 51.
L 34986,
COMMISSIONES
0Y -s Peter D.
ES OFCWAIS INC.. THENCE N. 89°50'09' W A DISTANCE OF
SSET- BACKED 101.45 FEET TO A POINT; THENCE N.
r'ver
- . ea
(foreclose com eI
AM Decem-
36-5010
18131 2114— -
AS TRUSTEE FOP
STRUCTURED AS-
n
Ii a PlITI"
and MAPCO A LAS
t [ou area parson
w h a disabilirymw1,o
uci
1]721 BO) 1310 of
tlaByi before
° ° O'Bry.n, Ch—man
CERTIFICATES SE
ES IFICA is Plain- 24°19'03' E A DISTANCE OF 24.1) FEET
TOA POINT: THENCE N. 53.26'44' E A
10:D0 on
bar 2, 2013, Cha fol
By: Manhrn Woll
Florida Bgr No.
ET MORTGAGE IN
VESTMENTS II INC,
TAO and ANDREA
C ere the pe-
n eetls any au° mo-
datipn in to
¢ st)
y our ache a ed court
Pub: November 15,
it end JAYNE E DISTANCE OF 3684 FEET TO A POINT.
SAID POINT BEING THE POINT OF BEGIN-
lowing describes
real
2611
TV
order
parUcipat�eo
a epBeervnce, or in.
elyuponre-
M13
TCN25 662)
UNKNOWN SPOUSE
Of JAYNE E. JOHN NINE; THENCE N. 53°26'44' E A ORS-
- TANCE OF 11.00 DEET TO A POINT'
M1propertidaFinal
s
Iumm•ry Jutl9—C
gpQ00psts3loO Accom�
modati°nb by Per-
ALTpA TPU 5T5
MORTGAGE PASS-
THROUGH DER
of"Courtw leselllato
IM1e high- t bidder
for cash n the 1111,
ou ere
a iniad A n co
Ih minp M1est11
f
joie
NOTICE OF
PUBLIC RAPING
,TON; AN AND HENCE N 36°33'16' WA DISTANCE OF
lL UNKNOWN 16.00 FEEL TO A POINT; THENCE N.
CLAIMING
CONDOCiao
1 5-D, NiT P 0 P L
with Disabili-
5R lou ere a Neo
son wi M1 a diseOilry
GATES. EPIES
31b5-],
Za; of December,
0 3, IM1e iollowiny
ou, 1 t e pr virion
y D o
please acoraanzC."I,
the sc M1ediled
¢¢¢
Thane 1 I"; I, You
G NOTICE IS HEREBY
GII ENIhaI IM1e
PARTIES 53°1644' E A DISTANCE OF [280 FEET
BY, THROUGH, UN TO A POINt; THENCE N. 36°33'16' W A
CE, AND AGAINST
GROVES VILLAS
CONDOMINIUM 'E',
wry needs any oc
commodmion in °r -Ss
PlaindX,
described property
set loris in said
oM1nzon, ADA C°°r
din oto r, 250 NW
r M1earing or voice
hIL-1
m d, cell )11
Q
BDard OI County
C O Lam missioners of
Indian Rrver County,
GISTANL E OF 1400 GEST TO A POINT;
THE HEREIN NAMED THENCE 5.53° 26'44' W A DISTANCE OF
INp1TS) W EFEN- ARE
DANTISI WHO ARE X6'33 FEET TO A POINT; THENCE ET
'16' E A DISTANCE OF 40.00 FEET
H OONEOMINI UM,
C OPOING TO TME
pE L L ARATION OF
her Ropartmipate in
t ceding, you
eat
a fled, at no
q�ENM A B I E L
H EU: SUMIA
AB D ELHAMMED:
Final Judymem, to
wit
IXr¢ wm Lb,fian�I.—
Country Club Drive,
Surte 211, Part 51.
° , FL 3(986,
c
Pub mbar 25,
Gece—,2,2013
CN25]6222
C
Florida shall IDItl a
blit 1,earin
pu y eI
NOT KNOWN TO BE A POINT, SAID ICINT BEING THE
DEAD OR ALIVE, TO
PINT OF BEGINNING.
INTOF
CON D 0 M IN IN M
TO..
RECORD-
OFFICIAL BE
cost o°, to IM1e
f pertain
A N 0 T H E U N-
KNOWN TENANT; IN
POSSESSION OF
OH-11close cam,
the Clerk'. website
for online auctions
17)21¢ 80143)0 aI
e ] da
sI uletl c0°un
acne
IN THE CIIRCUIT
FINE
CN
_
1,mM1 paniea in in-
Z QJ Q% _� ere t otl citizens
shalls1,eve an Op o1r-
(n N Q m
WHETHER SAID ON: pP
KNOWN PARTIES EMERALD COVE SUBDIVISION UNITE
MAY CLAIM ANINSITUATED IN THE STATE OF FLORIDA,
EO IN
COgO BOOK 58),
PAGE 570, PUBLIC
RECORDS OF IN01-
aprovisio�n
ce. lease
con�aaa Court Admin
LILA— 250 NW
Club
HE SUBJECT POOP
ETV.
Defe"dams.
1110:00am.
Lq 216, Block NSA, of
FALCON TRACE 2, as
year
appearance, os im-
mediately upon re
c -
NRT
JUDIL ALC PCUIT
IN AND FOR INDIAN
IunM to be 1,¢a n
Q l!N f 1 the County Commis,
V� V
T E q E S T COUNTY OF INDIAN FIVE, AND BEING A
SPOUSES, HELPS, PORTION OF EMERALD COVE SU BOIVI
VI
OF EMED
DEVISEES. GRANT
AN RIVER COUNTY.
FLOP IDA, AND AS
Country Dnve,
Suite 21 ), Port SI.
Lucie FL. 31985, JI2
NOTICE OF
r ecord,d Im Alar Booa
19, e, Page ]6, d the
Ii B, if IM1e timed be.
r
to a IM1e scheduled
FIVBD COUNTY,
LORI'C'
— o Lhembem of
the Lounry Adminis
PION AS IN PLAT BOOK
EES, OF OtHEfl OF THE PUBLIC PECOFOS OF IN
AMENDED.
88"I" at Ie ass ]
FORECLOSURE SAIF
Public Pemrds OI Ira
County,
ap Deara"ce is less
E NO
2013 LA M88
(ration Buildin Zlo-
1801 >[h
PAGE 45
,NAI M ANTS; TEN SPIN FIVE COUNTY. FLOflIOA, BEING
T Y1, TEN Y2;
p Address:
1x166 6TH AVENUE
ays before your
schetlu ed coon ap-
NOTICE IS NEflEBY
Floritle rver
ifen ] tlraByso Hvoy cu
a r
MORT�
aced et
S[reet, Vero Beach,
Floritle, °^ Tuesday,
December 10, 1013
3Ni ORE PARTICULARLY OESCRI0E0 ANO
TENANT Y e d BOUNDED AS FOLLOWS:
TENANT Y4 the COMMENCING AT THE NOHTHEAST COR-
n es being licii '.
UNIT 51, V111
BEACH, FLORIDA
3 9W 5966
pear...., or immedi
a e u on rete in
l I.11ficlii. I'HE
GIVEN pursuant to
Final Judgment Of
Foreclosure dated
AIK/A 1942 GREY
FALCON CIRCLE SW
NANO BEACH, FL
,m aired, call 711.
puE: November 25,
December 201]
NATIO TOO,
GAGE LLC,
IPleinnff,
G. a m: t0 com
NE OF SAID EMERALD COVE SUBDIVI-
act Rt for, SION, HENCE 5 IS°00'00' E A DISTANCE
ea'
�em�OePntlanm,
ANY PERSON CLAIM
a be f ore 1 e
scfhedulitl appear
1ne tBIM1 day of Oqo-
bar, 2013, a"d em
Anyf Defeo. 0l^mm,
iCN2575BD7
vs.
�LARMEN W. HIS
OTRA; DEBORAH A.
side, a ,,iRn OI a"
oNinenu entified:
p 9500 FEET TOA POINT; THENCE 5 39°
21'61'WApISTANCE OF 0.301 FEET TO A
1,e5CIBK mf Court E A 015
ING AN INTEREST
N THE SU PPLUS
a 1 ea M1an7
tl ys ilayous are M1ear-
Lina m Lana No.
3 0 3CA000767X%
a [esu
plus ham Cha sale, it
IN THE CIRCUIT
COURT OF THE
NIOCOTRA: ON
N WN TENANTISI
ORDINANCE OF
ED IF THENCE 5 15° 110'00'
w II [o Ina nigh- TANCE OF 46.50 FEET TO A POINT;
AflOM TIIE SALE, IF
Y, OTNE THAN
r o ce m
w11711. 1
%%%X%, of the Cir-
Cour[ of the
ny, other roan the
propeM ower es of
19TH JUDICIAL
LIRBNIT, IN ANC GOO
IN POSSESSIBO gat
INC IAN FIVER
COUNTY, FLORIDA
st end best Bi— THENCE 511° 01'52' W A DISTANCE OF
Iorl casM1 elearonical- 93.11 FEET TO A POINT; THENCE 5 B9°
THE PROPERTY
OF
pei9ed.
Pub: November 18,
19TH Judicial Circun
d for Indian Riv
1,e date o fhe lis
pendens mug Ilea
DIAN RIVE
COUNT", FLORIDA
e d 2, an ALL
OTHER UNKNOWN
C 0 N C E F N N G
AMENDMENTS TO
ITS [AND ITS
MENT ISGULA
I a[ www.in dianri- 50'09' W A DISTANCE OG 106.69 FEEL TO
nail... cl os a. p POINT; THENCE S W° IS ET' W A DIS
cot in ....dance TANCE OF 60.59 FEETTOA POINT:
imM1 Chapter l5.
OWNS AS
LIE
DATE OF THE 5
pENGENS MUST
KNLE CLAIM WITH
25, 2013
TCN257461]
er County, Floritle,
M1erein THE BANK
OFF NEW YORK MEL-
claim within 60 days
aher Ne sale.
CIVIL DIVISION:
LASE NO.:
1012 CA 002056
PARTIES, eeal.,
F—danW.
NOTICE OF
IN THE CIRCUIT
TIONS (L ORPRO-
V IRNID
AMENDMENTS
M HA
INS,A fl 911. $ON-
THENCE N.e OISTANCET,
fSorila Statutes On t01g5 FEET TOSA OPOINT; dTHENOE N 14°
eoam bar a2013AT DaI 19'03 E A DIS TANCE OF 3.17 FEET TO
POINT; THENCE N. 53° 26'44' E A DI5
1 :W AM on the foL T NCE OF 36.84 FEET TO A POINT;
GA
THE6I YS AFTEfl
Dated a 11 day of
N vember,p 13
CNI RT OF ETEEN HE
pl[IAT LIPCUIT
IN AND FOR
INDIAN RIVED
B A N�KF/0 FANTEHW
YIORK, SUCCESSOF
INTEREST SE
JPMOflG NN PHASE
DNovAm ,, AIR
2o13Y in
I—Beach County,
F ride
SIEGFRIEp, RIVEPA
U 5. BANK NATION-
qL ASSOCIATION.
5 TRUSTEE, SUR
CESSOF IN INTER-
RECLOSURE SALE
NOTICE IS HERBY
GIVEN pursuant 10 a
AND CHAPTER
t� 912, SINGLE-FAMILY
lowing described HENCE N. 3fi° 33'16' W A DISTANCE OF
sal forth N 00 FEET TO A POINT, SAID POINT BE
propetl
ORIOGE
CON NORG LLP
COUNTY, FLORIDA
GENERAL
BANK.
t fl U ST E E G 0
S LENEF
R OE PRE. &
AST IC BANK OF
AMERICA, NATION
n a Sum m a r
Jutlgm of Fore
O DEVELOPMENT. BY
AMENDING SEC-
TIONS IIN 121
Sas
s ummary Fi- G THE POINT OF BEGINNING; THE
nal Jadgmem, m-wie N. 36°33'1fi' W A DISTANCE OF 60.00
LOT 23, BLOCK 562.1 EET TO A FOIA HENCE N.5]° 26'aa' E
YYLor Plainnff
]000"VJen Palmeno
JUFISFICi1FN
DIVISION
STRUCTURED AS
SET MORTGAGE IN
SOB EL, PA.
Attorneys ilr PI FnnH
I°or
AL ASSOCIATION
AS TRUSTEE AS
Ant
FIFE, tlaeetl Sep
Fm,, m er 0, 101CIbU3 ¢n
¢x213
AND 912.0t1111016
N TO EGULATE THE
SEBASTIAN HIGH p OISTANS E3 OF 333 O0 FEET TO A POINT:
LANDS, NIT THENCE '16" E (STANCE 0
B ekgq°ad'FSui133a33
F e loniele
201 SE NO
CCA D30032
v TMESTEAI INC,
BESAR flNS
ALT A TRPASS
Ih
101 AInombra Circle
oral Gabl,s,1FL
MgiGER3TF Nq-
lq 6AANK
°: 0 CA 00oeB1
[IM1e Circuit boort
SITING OF OUT-
DOOR MECHANICAL
EQUIPMENT IN BE-
,^ VELOPMENTS WITH
ACCORDING TO
P OR PLAT40 0 FEET TO POINT; THENCE S
THEREOF E 5'4 W A DISTANCE OF 53.00 FEET
CORDED IN PLAT 2 POINT. SAID POINT BEING THE
]h631
561 g
j
S6tF 1b926965
AN
HSBC BANK USA,
NATIONAL 50-
5 CIATION, AS TRUE.
M RT GE
T GAG
CERTIFI-
CATES. SERIES
-
ale ho No:
05) 442
1 F L SSOCIA-
S
ION, AS TRUSTEE
FNP CERTIFI
TEHOLDERS OG
.1
O nt
tlocsel �Jeu fie .nd
i River
Cou"
—I REDUCED YARD
N SETBACKS; AMEND
G SECTION 9]4.06
BOOK S, PAGE545 OINT OF BEGINNING.
AND 45A THROUGHL naz heart Ted against you ens your are re
d5J, INCLUSIVE. OFA ui Id Io serve a copy of your wrinen de
'� d, any, Io iI on Aldred Be Connors
pr5mary9EMMAI
ai
"IwlilS-sM1
iFBN:
¢primary
TEE FOR URA
0 M E E 0 U I T
LOAN, INC ASSET-
":'FO EFT IFI-
2005-7 A fbe PI.. YR
Y end SALEM ABOEL
HAMME EO NUA
ANKNHA � en
Email: Pg.—KE
aw com
E-mail: Collecuonx2
R—cf:wdlaw[o".
BEAR STEARNS AS
SET BACKED SECU
BAER I LLC. ASSET-
"vN"i":
where iM TION
STAR ORTG AGE
' lC. Plai nti:I,
OF CHAPTER 9]4,
NOISE AND VIB'A-
L TION CONTROL, TO
PU¢LIC LLPeP
CORDS' INGIAN Dlain[ill a vllorney, at 1615 Sono
RIVER COUNTY, Con Oresa Avenue, Sui[e 200, pelraY
8eac1,, FL 334451PM1°ne Number: 15611
43)00
EMail'
ServicelMailg^
LATES. SERIES
2006-FM2,
PlainuH,
OWN TENANT
ISI IN POSSESSION
OF THE SUBJECT
1 :flENEE
M. fl`NUART, ESS.
ontle N°.
0 CKED BETIFI-
COTES, ERI ES
2 6HE),
E1nd
OiFA EN W. IC-
' DEBORAH A.
'ICOTRk are Defen-
/E\ EXEMPT PROPERLY
�/ SITED ANO pFIRER-
AFLORIDA.
ny Feraon c10iming 392-63911, wilM1in 30 days of the first dale
of publiralon of this n°uce, and file fM1e
ac aw com
5ec°ndarylESMaiI:
G4EBflA K. KERSEY
PROPERTY ere de
R.dents. Th. Clerk
Bar
A 639)[
Re com
VlaintiR,
'R S
J R SMITH, TM1e Clerk
LY SOUND MITIGAT
ED DO 00 ME-
MHANI CAL EEUIP
ENT IN DEVELOP
a n eres! L e sur g mal .pith the clerk of this coon either
pl�ua from the sale, if before DECEMBEfl 26, 21113 on plainb
any olM1er IM1vn t1, or immetliarely IAertleeher; other
r eM owner as of ertorne Eelaul!
NSi"g1,. egawll
°
11»11422 NOS c
. AK/A DEBRA KAY
m KERSEY A/K/A DE
BPA KERSEY, gib al.
of this Court Snell
se to the M1ig1,esl
Aid best bidder for
m nsrp ycPer
s awitM1 �sabNi
t a.slftl^u ere a Dery
a
THOMAS STADEL
M N; STATE O1
F L 0 q D A: U N-
o e Circui[ Court,
will sell 10 fie FIR'
est bidder for cash,
�� - MENTS WITH RE-
OULED YARD SET
BACKS; ANDBY
will be against you
She dere f tM1fel lis for Ina rebel demendedn in the omp a
pentlenvr muss a or Dent pn m
im wi hin WEays
IMPORTANT
re
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird; County Administrator
141/5
FROM: Stan Boling, AICP
Planning Director
DATE: November 25, 2013
SUBJECT: Consideration of Amendment to Subdivision Ordinance Chapter 913 o Allow
Additional Two Year Extension for Sidewalk Construction in Certai Active
Subdivisions Platted Prior to 2009
It is requested that the following information be given formal consideration by the Board oCounty
Commissioners at its special meeting of December 10, 2013.
BACKGROUND
Currently, the County's subdivision regulations require that sidewalks within new subdi inions be
constructed up -front during development of the subdivision or be guaranteed to be constructed in the
future through a contract for construction. The sidewalk construction contract is between the
subdivision developer and the County, is guaranteed by security posted by the developer ("bonding -
out"), and allows the developer to delay sidewalk construction for a limited number of ears.
In 2009, the County changed its subdivision regulations to add another option for gu anteeing
construction of sidewalks along internal subdivision streets where those sidewalks front individual
lots. That code change allowed such sidewalks to be constructed at the time a residence is built on
an individual lot, rather than requiring that sidewalks be built in advance of home construction.
Under the code change, the construction deferral allowance applies only if the subdivision ovenants
and restrictions contain a requirement that the sidewalk be constructed at the time of home
construction.
For subdivision projects platted after the 2009 code change, it is simple for devf
appropriately structure the original subdivision covenants and restrictions to take advant
code change. In subdivision projects platted prior to the change, where a significant num
had already been sold, it is not feasible for developers to obtain the numerous owner
consents necessary to change the subdivision covenants and restrictions. Therefi
developers still have the obligation to complete sidewalk construction in front of curren
lots. In lieu of completing those sidewalks now and tearing them up during subseql
construction, several affected developers recently requested that they be allowed to "
sidewalk construction for two years in addition to the years that they have already been ;
bond -out under the existing code. Allowing two more years of "bonding -out" requires a
Chapter 913 regulations.
FACommunity Development\CurDev\13CC\2013 BCC\Chapter913Sidewa1ks.doc
opers to
ge of the
er of lots
d lender
e, those
y vacant
nt home
, -
Bowed to
change to
1
170
In August, the County Attorney's Office, with planning staff's support, requested that the
County Commissioners (BCC) authorize staff to initiate a change to the subdivision ord
allow a two year bonding -out extension for developers unable to take advantage of the 2
change (see attachment #1). At its meeting of August 20, 2013, the BCC considered th
Attorney's Office request and authorized initiation of an amendment to the land dev
regulations (LDRs) (see attachment #2). Based on the Board's authorization, the County P
Office, in coordination with staff, has drafted and advertised the proposed LDR an
ordinance.
• PZC Hearing
At its meeting of November 14, 2013, the Planning & Zoning Commission (PZC)
recommend that the Board of County Commissioners adopt the proposed am(
attachment #3).
ANALYSIS
As structured, the proposed amendment will allow a two year bond -out extension for p
were platted prior to September 8, 2009 and under contract with the County as of August
construct sidewalks that front individual lots. At this time, there are only a handful of f
meet both criteria, and those are the same projects for which a two year sidewalk c
deadline extension is being sought. For those projects, the proposed two year extension
reasonable amount of time for home construction to proceed, while guaranteeing comp]
internal sidewalk system at the end of the two year extension.
According to staff's analysis, the developments affected by the proposed ordinance are
Millstone Landing (Phase 3), Provence Bay, Vero Lago (Phases 1, 2, 3, and 5), and
Village (Plat 1C). Since those projects are still active, it would be wasteful to require the
of those projects to construct internal sidewalks prior to home construction, since a maj(
sidewalks would be demolished during home construction due to grade changes and cc
activities. Staff estimates that replacing damaged sidewalks could cost $500 - $1,51
depending on lot frontage. Because the number of affected developments is limited, bec
developments are active but unable to take advantage of the 2009 code change, and becau
construction of sidewalks would be wasteful, the proposed amendment is justified. Thi
amendment is consistent with comprehensive plan policies and does not conflict with
interest or other LDRs.
Impacts on Development Costs and Affordable Housing
The proposed amendment to Chapter 913 will allow developers of certain active subdivisi
to avoid the cost of re -constructing sidewalks damaged during home construction.
proposed change is likely to decrease development costs in the affected projects. The
proposed LDR amendment will not increase the cost of development, including t
developing housing.
The County Attorney's Office, Planning, and Public Works support the proposed
F:ACommunity Deve1opment\CurDevABCC\2013 13CC\Chapter913Sidewa1ks.doc
Board of
Bance to
)9 code
County
opment
orney's
ndment
5-0 to
t (see
ects that
, 2013 to
ects that
allow a
n of the
mited to
aterway
ty of the
) per lot,
usethose
up -front
proposed
he public
in projects
Thus, the
•efore, the
ie cost of
2
171
RECOMMENDATION
Staff recommends that the Board of County Commissioners adopt the proposed land dev lopment
regulation amendment.
ATTACHMENTS
1. County Attorney's Office Report to BCC
2. Minutes from August 20, 2013 BCC Meeting
3, Draft Minutes from November 14, 2013 PZC Meeting
4. Proposed Ordinance
APPROVED AGENDA ITEM:
FOR: /D� aGl3
BY:
Indian River Co,
jkpvxcved
Date
Admin.
Legal
BudgetA/R—
Dept.
Risk Mgr.
—
—�
FXommunity Deve1opment\CurDevABCC\2013 13CC\Chapter913Sidewa1ks.doc
3
172
Dylan Reingold, County Attomey
William K DeBiaA Deputy County Attorney
ATTORNEY'S MATTERS:
Ofi ce Df
INDIAN RIVER CO
MEMORANDUM
ATTO
TO: Board of County Commissioners
ol�_
FROM: William K. DeBraal — Deputy County Attomey
THROUGH: Dylan Reingold — County Attorney
DATE: August 7, 2013
SUBJECT: Developer Request for Additional 2 -Year Extension to Construct Required Sidewa
Improvements
There are currently seven subdivisions (Millstone Landing, Phase 3; Provence Bay; Vero Lago, Ph ses 1,
2, 3 and 5; -and Isles at Waterway Village PD Plat 1C) that are operating under the sidewalk bondi g -out
regulations that were in effect prior to 2009 where the developer is responsible for the construction of
the sidewalk segments fronting or contiguous to individual lots. Funds currently held by the County for
sidewalk guarantees for these subdivisions total $311,730.39. Ordinance No. 2012-018, adopted by the
Board in June of 2012, amended Section 913.09(5) to allow developers to amend the restrictive
covenants (if the developer still had control of the subdivision) to make it the responsibility of the lot
owner prior to receiving a Certificate of Occupancy on the residence, to construct, at the lot owner's
expense, the sidewalk segment fronting or contiguous to the lot owner's lot provided that the consent
of the lot owner and any mortgagee be obtained. Additionally, the consent would also need to be
obtained from any existing lot owner if the sidewalk segments not built are within the exist ng lot
owner's property line and the entrance to the subdivision, as the existing lot owner under the former
code is guaranteed sidewalk continuity by the developer from his lot to the subdivision entrant . If a
developer were able to accomplish this, then the posted security was able to be released and re urned
to the developer.
Obtaining consents of lot owners and their mortgagees have proven to be quite challenging, and in
some instances impossible. Thus these developers continue to have in place the sidewalk s curity
guaranteeing the construction of the sidewalk segments. In June of 2012, the Board also amend d the
,LVED FOR
01 �L._..._, Z l i_p2i t
3.C.C. MEETING - REGU ENDA
8-13 4
173
code to allow a 1-time, 2-year extension to a sidewalk contract if a contract was in effect prior to:
30, 2012. The time has now come where one of these developers is approaching the end of its 1
2-year extension for these sidewalks, and because the market is not yet at the point where to
being sold and built on, the developer Is requesting that the Board revisit this portion of the cc
consider granting a second 2-year extension so that the developers are not forced to construct
sidewalk segments now, knowing full well that when the tots are sold and later a residence constr,
the construction equipment will destroy the sidewalks and the developer will be required to
construct them before a certificate of occupancy will be issued, thus paying for the same constr
twice.
RECOMMENDATION:
June
are
a to
again
1. Staff has no objection to the Board holding a public hearing to consider amending the code to
provide that an additional 2 -year extension be available to the developers who are operating
under the sidewalk bonding -out regulations that were in effect prior to 2009, and who have a
sidewalk contract currently in effect prior to June 30, 2012.
2. For the sidewalk contracts for the above-named subdivisions which will be expiring prior o the
holding of a public hearing and the possible adoption of an amendment, allow a grace period for
the developers from having to construct the sidewalks while the Board considers the adoption
of an ordinance amendment and, in the event the Board does not adopt an ordirlance
amendment, give the developers 90 days from the date of the public hearing to complete the
sidewalk construction so long as the security, if in the form of a letter of credit, is approp lately
extended. is is noted that no security will be expiring prior to January, 2014,
FUNDING:
The only cost associated with this issue is the cost of advertising the notice of public hearing. The ost is
estimated to be approximately $130.00. Funds are available from General Fund/County Attorney legal
Account No. 00110214-033110.
REQUESTED ACTION:
I.
2.
nhm
Authorize staff to proceed with advertising for the Board to hold a public hearing to consider
amending portions of Chapter 913 with respect to sidewalk extensions on subdivisions that
were platted prior to 2009; and
Allow a grace period for the developers from having to construct the sidewalks while the Board
considers the adoption of an ordinance amendment to provide for an additional -year
extension to the existing sidewalk contracts and, in the event the Board does not adopt an
ordinance amendment, allow the developers a 90 -day grace period from the date of the public
hearing to complete the sidewalk construction so long as the security, if in the form of a letter of
credit, is appropriately extended. If the Board does not adopt such an ordinance amen Jiment
and the developer does not complete the sidewalk construction within the 90 -day grace eriod,
authorize staff to proceed to call the security due to the contract being in default.
2
x
174
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Chairman Flescher, to request an
additional sixty days to notify the State of Florida on the
Board's decision regarding the purchase of the former
Indian River Correctional Institute nronerty.
Further discussion ensued in response'to Chairman Flescher's disclosure that there
be heavy pollutants in the area and i side the lake.
Attorney DeBrraa conveyed that the Board could make successful Phase II
Environmental Ass s� sment part of the conditions for purchase of the site.
The Chairman CALLED THE QUESTION, and the
Amended Motion carried unanimously.
M.B. DEVELOPER REQUEST FOR ADDITIONAL 2 -YEAR EXTENSION TO
CONSTRUCT REQUIRED SIDEWALK IMPROVEMENTS
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously: (1)
authorized staff to proceed with advertising for the Board
to hold a public hearing to consider amending portions of
Chapter 913 with respect to sidewalk extensions on
subdivisions that were platted prior to 2009; (2) approved
a grace period for the developers from having to construct
the sidewalks while the Board considers the adoption of an
ordinance amendment to provide for an additional 2 -year
extension to the existing sidewalk contracts; if the
Ordinance amendment is not adopted, the Board will
allow the developers a 90 -day grace period from the date
August 20, 2013 58
I'T-fAC11X1EEtT 2
175
of the public hearing to complete the sidewalk
construction so long as the security, if in the form of a
letter of credit, is appropriately extended; if the developer
does not complete the sidewalk construction within. the
90 -day grace period, staff was authorized to proceed to
call the security, due to the contract being in default.
)VAL OF EXPERT
108
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to approvstaffs
recommendation.
Commissioner O'Bryan declared his opposition t,tfie Motion.
The Chairman CALLED TWQUESTION, and by a 4-1
vote (Commissioner%Bryan opposed), the Motion
carried. The Bo d approved the Stipulated Order
awarding the defendant, William Bethel, experts' costs
and fees i/ amount of $102,960.34, as recommended
in therfiemorandum of August 14, 2013.
14. CO
E. F.
4.A.1.
OF
BETHEL:
Chairman Flescher proposed that the Board seek assistance from the President to
Lake Okeechobee freshwater releases.
August 20, 2013 59
AYTACHMEHT 2
the
176
ON MOTION BY Dr. Day, ED BY Mr.
Stewart, the members ed (4-1) to recommend
that the Board ounty Commissioners adopt the
pr�and
rdinance amending LDR Chapters 911,
74. Vice -Chairman Brognano opposed.
Chairman Brognano read the following into the record:
C. Consideration of Amendment to Subdivision Ordinance Cha
to Allow Additional Two Year Extension for Sidewalk Constr
Certain Active Subdivisions Platted Prior to 2009. County -
[Legislative]
Mr. Boling reviewed the information contained in his memorandu
October 31, 2013 and gave a PowerPoint presentation, copies of whirl
file in the Commission Office.
)ter 913
action in
nitiated.
dated
are on
Ms. Caldarone thought two years was a long time for individuals iving on
streets with no sidewalks when they had bought their house believing th y would
have sidewalks.
Mr. Boling agreed someone who bought a residence early on w
get a functional sidewalk segment until the development was built out, wl
why the County had an end date that the sidewalk must be installed. F
the County now allowed a two year period and the amendment would
additional two years; however sidewalks alongside a main entrance r
common areas were required to be built up front or bonded out with
time frame. Mr. Boling acknowledged this was a trade off so develope
not have to complete sidewalks located in front of currently vacant lots
them up during subsequent home construction.
Discussion ensued.
Vice -Chairman Brognano opened the public hearing at 7:55 p.m
no one wished to speak, the public hearing was closed.
ON MOTION BY Dr. Day, SECONDED BY Vice -
Chairman Brognano, the members voted
unanimously (5-0) to recommend that the Board of
County Commissioners adopt the proposed
amendment.
PZC/Unapproved
P A
rctiE 3
Auld not
ich was
a noted
Ilow an
ad and
shorter
would
ind tear
since
NovembOr 14, 2013
177
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CONCERNING AMENDMENTS TO ITS
LAND DEVELOPMENT REGULATIONS (LDRs)
WITH REGARD TO THE DELAY IN THE
CONSTRUCTION OF SIDEWALKS, AMENDING
SECTION 913.09 "DESIGN STANDARDS AND
REQUIREMENTS" OF CHAPTER 913
"SUBDIVISION AND PLATS" OF THE INDIAN
RIVER COUNTY CODE IN ORDER TO ALLOW AN
ADDITIONAL EXTENSION FOR SIDEWALK
CONSTRUCTION; AND PROVIDING FOR
CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, several subdivisions are operating under the si
bonding -out regulations that were in effect prior to 2009 where the devel
responsible for the construction of the sidewalk segments fronting or con'
to individual lots; and
WHEREAS, the Indian River County Code has provisions for alter
solutions where the developer does not have to "bond -out" by either constr
the sidewalk segments before a residence is constructed or the lots are s(
by amending the restrictive covenants to transfer the responsibility to t
owner to construct his individual sidewalk segment fronting or contiguous
lot prior to receiving a certificate of occupancy. In the first instance,
sidewalks are constructed, the likelihood of them having to be redone is
due to heavy equipment and construction traffic breaking the segments
home construction; thus paying twice for the same sidewalk construction.
latter instance where transfer is an option and the lots have been sold,
become quite burdensome, challenging or impossible to obtain homeownE
lender consents after the fact. In other instances where some lots have
sold, the developers do not want to amend the restrictive covenants as the)
uniformity within the subdivision, that is they do not wish to single out certa
with a restriction that is not for the entire subdivision; and
Coding: Words/letters underscored are additions to text; words/letters in
cirelcoth
format are deletions to text.
ATTACHMENT 4
walk
)er is
uous
iative
acting
Id, or
ie lot
;o his
f the
trong
uring
n the
t has
r and
been
want
n lots
178
ORDINANCE NO. 2013 -
WHEREAS, the time is fast approaching where the developers are at the
,%NW end of their 1 -time, 2 -year extension which was approved by the Board,
and due to market conditions not being at a point where lots are being steadily
sold and residences constructed, it has become apparent that there is a need to
amend the code to assist the developers that are operating under the sid walk
bonding -out regulations that were in effect prior to 2009,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Section 913.09,
Design standards and requirements, of the Indian River County Code is hereby
amended as follows:
SECTION 1. Section 913.09(5)(b)2.e, Timing, is amended to read:
e. Timing. The developer shall be responsible for providing his required
internal sidewalk segment(s) in compliance with subsections
913.09(5)(b)2.b. and 913.09(5)(b)2.d.i. above, prior to receiving a
certificate of completion for required subdivision improvements with
the following exceptions:
i. The developer may delay construction of the required sid
walk
segment(s) beyond the final plat approval date of
the
corresponding subdivision development if such delay is needed
to accommodate development of the common area or
meet
sidewalk requirements for multiple phase projects. I
the
developer qualifies for delay and elects to delay, then
the
developer shall provide a completed contract for construction
for remaining required sidewalk improvements and
post
security to guarantee the completed contract in conforrr
ance
with subsection 913.10(1). The construction contract shall
be
for a period of two (2) years and may be extended subject
to
payment of the applicable extension fee adopted by the
board
of county commissioners and the conditions and timefr
mes
provided in these regulations. The construction contrac
and
security arrangement may provide for annual reductions in
the
posted security amount based on completed and insp
cted
sidewalk segments. Reduction requests are subject to payment
of the applicable reduction fee adopted by the board of c
unty
commissioners and the conditions and timeframes provi
ed in
these regulations. The developer may delay construction
Of the
required common area sidewalk segment(s) for a period
of up
to four (4) years following final plat approval. For
hose
subdivisions platted before September 8 2009 with [Mc
rd to
re uired sidewalks fronting and/or contiguous to individual lots
a 2-vear extension not to exceed December 12. 2016 m
v be
granted so long as a vara siaewalK
existence as of August 20, 2013,
Coding: Words/letters underscored are additions to text; words/letters in
efroLcoth
format are deletions to text.
ATTAHMENT 4 179
ORDINANCE NO. 2013 -
subject
to payment of the applicable extension fee adopted by the
board of county commissioners and the conditions and
timeframes provided in these regulations.
SECTION 2. CODIFICATION.
It is the intention of the Board of County Commissioners the
provision of this ordinance shall become and be made part of the Indian
County Code, and that the sections of this ordinance may be renumbered
lettered and the word ordinance may be changed to section, article or such
appropriate word or phrase in order to accomplish such intention.
SECTION 3. SEVERABILITY
If any section, sentence, clause, or phrase of this ordinance is h
be invalid or unconstitutional by any court of competent jurisdiction, then said h,
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect upon filing with the Florida Depai
of State.
This ordinance was advertised in the Vero Beach Press -Journal
29th day of November, 2013, for a public hearing to be held on the 10th
December, 2013, at which time it was moved for adoption by Commi:
, seconded by Commissioner , and adop
the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Bob Solari
Coding: Words/letters underscored are additions to text; words/letters in
efrokoth
format are deletions to text.
it the
River
)r re -
other
;Id to
ilding
>n the
lay of
�ioner
ad by
ATTAdHMEHT 4 180
ORDINANCE NO. 2013 -
The Chairman thereupon declared the ordinance duly passe and
adopted this 10th day of December, 2013.
BOARD OF COUNTY COMMISSIOP
INDIAN RIVER COUNTY, FLORIDA
IN
Peter D. O'Bryan, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller Approved as to form and le iciency:
Deputy Clerk
Effective Date
day of
Dylan Reingold, County Attorney
This ordinance was filed with the Department of State
2013, and becomes effective
Coding: Words/letters underscored are additions to text; words/letters in
format are deletions to text.
CHMENT 4 181
LDR Amendment to Allow
Additional Two Year Extension
for Sidewalk Construction in
Certain Developing Subdivisions
Board of County Commissioners
December 10, 2013
Background
• Subdivision developments construct or
"bond -out" sidewalks
• 2009 added option to build sidewalks
with home construction
— Avoid tearing up sidewalks during home
construction
z
12/10/2013
io.A.3
M
12/10/2013
• Obligation to build sidewalk at time
of home construction must be in
covenants and restrictions
• Some subdivisions are still being
developed, with too many lot
owners to change covenants now
• Those subdivisions still under
"bond -out" obligation
• Need 2 year extension to coincide
sidewalk and home construction
• Need LDR amendment
• Staff supports change, obtained BCC
authorization to initiate
12/10/2013
181.3
Proposed amendment allows 2 year
extension, will apply to 4 active
subdivisions
PZC Action
The PZC voted 5-0 to recommend that the
Board approve the proposed LDR
amendment
12/10/2013
161' 4
12/10/2013
Recommendation
That the BCC approve the LDR amendment
SCRIPPS TREASURE COAST
NEWSPAPERS
INDIAN RIVER PRESS JOURNAL
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared Sherri Cipriani, who on oath says that she is
Inside Classified Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero
Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Vero
Beach Press Journal in the following issues below. Affiant further says that the said Indian River Press
Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the 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 nor 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 Office in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer Name Ad # PubDate s Co line
INDIAN RIVER CO 2578441 11/29/2013 NOTICE OF INTENT -
ATTORNEY HEARING
Sworn to and subscribe before me this DECEMBER 2, 2013, by
r
who is
ShaWi Cipriani t
[ X ] personally known to me or
[ ] who has produced
Mary T. By
Notary Public
"'PAY pie'00 w%, MARNEENE
'ro` 0 °�: Notary Public - a of Florida
iN` : r= My Comm. Expires Aug 2, 2014
OF o?� Commission # EE 7134
as identification
PO #
SIDEWALKS
E: . W1 � V E V
NEWSPAPER E -(Sheet®
LEGAL NOT CE
ATTACHE
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DO NOT SEPARATE
PAGES
Z -o13
p. A. 3,
E10 - SCRIPPS TREASURE
COAST NEWSPAPERS
- FRIDAY,
NOVEMBER 29,
2013
paring via video con-
Terence. Individuals
c n elan to attend at
ealher of ine three lo�
or Ps,,IP to
aaWebinar. For
DATE/TIME/LOCATIO
IN
FROWARD Co-:
Tuesday, December
3, 2013 at6:30pm
DOLLARS
Treasure
WORK
Coast
FOR YOU
Classifieds.
TCPALM.COM CLASSIFIED
N- rr a t rve Complex,
TS 1601 27th Street,
iS Vero BeacM1, Florida.
between July 1, 2014
end June 30, 2019
a ail julie.luca-
s@tl of stata.fl.0 z.
Fon Pierce. Florida
34982
webiner registiali'nFDOT/DinriciFourAu-
information, please
ditorium
tepalm.eom
rP'
Find your
NOTICE OF MEETING
NOTICE OF MEETING
NOTICE OF MEETING
NOTICE OF MEETING
NOTICE OF MEETING
NOTICE MEETING
NOTICE OF MEETING
NOTICED LNG
Treasure
Way into
NOTICE OF INTENT-
pear at the ¢ting
M1earin to which ell
9
d to race, color,
net
COUNTY:
Which
on which there are
pike Enter Prise SVsI
t n day period after
i,,ibd
1, Coast
PUBLIC MEANING
and be heard¢ with
respect to the ora-
ted persons
n
aeinvlled to anend.
on origin, ge,
a rligion, disabdi.
ay alamily
Tuesday, December
3, 2013 at 6:30pm
n o delinquent wa-
ter con of x
em a ,applicable,
he public hearing.
Comments should
cyberspace Classifieds
NOTICE IS HEREBY
GIVEN hat the
posed ordinance.
PURPOSE:
or smtua.
Persons who r .is
FDOTIPaIl Beach
Operations Center
will be eligible to
.A st said me e[
All inter s ed person
invit d to a rid
be addressed to Mr.
James A. WOIfs, P.E.,
sex, religion, di lr.
Iy 'r lamily status
Board of 1aunty
Commissioners
The prop°, ad ordi-
be
This public hearing is
special accomm da-
Auditorium
ng.
sed be heard. This
C!,rrict Secretary,
Locate your
of
Indian River County,
Florida,
hent ay in-
paned by the public
during burl-
being conduced our
xua t Section
ons under he
Americans with Disa-
]900 ForestH.11Blvd.
Wesr Palm Beach,
Dated this 29th day
PFublic M1earing zv,,
Ee moderated at the
Florida Department
f Trans D anon
MAKE
Com uter
p
will conduct
A Public Hearing to
onsider thea op-
regular
nes, hours (0:30
m. to 5:00 p.m.,
339.1351411[1, Florida
SratIt_as amend
d. Tha hearing will
bilines Act or per
sons who require
anslation service
Florida 33413
MARTIN,ST.LUCIE,
AND INDIAN flIVER
f November, 2013.
Board i Si, pervi-
or o/ the Nonh
District Four Head-
quarters with the
palm Beach rid
DI°Ili ur, 3400
West Commercial
Boulevard, Fon Lau-
YOUR
S stem
y ADVERTISER
n of a proposed
oirtlinance entitled:
Monday through FI-
da Yl at the Office of
begin at 6:30 pm
with a
(free of char9el
should coma`# Ant'-
COUNTIES:
Tuesday. December
St. Lucie River Wa-
er Control District
Treasure Coast Opt,
on Centers s
derdale, Florida
33309-3421
in the
RIDI I
he Clerk to tM1e
OF Board of County
OF Commizzionera I.
5 aretl n the 2nd
AN Boor of Building A of
'Y, the County Adminis-
plaPning the
FDOT's work pro
gram process lot-
lowed by a presents
t n'I the Dreh Ten
tativa Work Program
ane Adams at l6fifil
33fi-6435 x 4624 or
mail antonette.ade.
x s@dot.stete , I'. o
Julie Lucas at 16661
33fi-8435 4631 or
3, 2013 a16�Opm
FDOTRreasureC.
Operations Center
Auditorium
3601 Oleander
Avenue
By:Palricia Kuta,
Secretary -Treasurer
Publish: November
29, 2013,
TCN2577341
paring via video con-
Terence. Individuals
c n elan to attend at
ealher of ine three lo�
or Ps,,IP to
aaWebinar. For
DATE/TIME/LOCATIO
IN
FROWARD Co-:
Tuesday, December
3, 2013 at6:30pm
DOLLARS
Treasure
WORK
Coast
FOR YOU
Classifieds.
FLOflIDA
OEPANTMENi OF
TRANSPORTATION
N- rr a t rve Complex,
TS 1601 27th Street,
iS Vero BeacM1, Florida.
between July 1, 2014
end June 30, 2019
a ail julie.luca-
s@tl of stata.fl.0 z.
Fon Pierce. Florida
34982
webiner registiali'nFDOT/DinriciFourAu-
information, please
ditorium
tepalm.eom
rP'
which conimns s list
ib g f prolIan pphases
You ma�zlso cM1o'se
to conte antler par-
Pub: Npv. 19, 26, 21,
The Florida Depart-
visit hteps:/Iwww2
e 99 °mire
3400 West
Commercial Blvd,
•
tepalm.emn
A- Anyone who may
TI wish to avppeeI any
to be untle rtaken in
Broward, Palm
ry at rhe H.,11a De-
28, 29, 30, Dec 1, 2,
2013
m of Transporla-
9010
gisrer 505696722
Fon Labderda le,
Florida
classified
classified
DE- decision nich ay
IN ba made ° this
Reach, Marlin, St Lu-
Indian River
partment of Trans-
F n District
Fou a�i3400 West
TCN25)4]93
onlDisrrict Four an-
niounc a public
Public panic,palion is
solicited wi hoot re-
33309
PALM BEACH
COUNTY:
N:
BROWARD COUNTY:
0 F meeting will need C
c and
count s. A publ,s
Commercial 6oule
hearingeto which all
t d pers'ns
^aid to a color,
ational origin, age.
'
Tuesday, December
ti'na'r P12,7 pea
a Webinar. For
S ensure that a erb e-
C- t m record (the
IS mr°ceedingg
omm ,H period wi
f'llewethe presents-
ion he hear-
-rd, Fort Lauder-
dale, Florida 33309-
3421. Requests
NOTICE
a a mud to anend.
sex, religion, di lr.
Iy 'r lamily status
3, 2013 at 6'33pm
FDOTRaIm BeacM1
Operanonseemar
The #1 Your
NO ade, wM1ichsi
OF dudes
and
ing will adlourn at
mus
be made at lea ten
OF MEETING
T. LANDOWNERS
PURPOSE:
This public M1earing is
Persons whoregphe
special ac mmoda-
Auditorium
Advertising
esIbb.
'U- a d evidt¢nce a
VD
heconclusionoithe
Vh,H, om m ants
(101workingsdeys
V e the public
OF NORTH ST,
LUCIE RIVER
be,gcondunedpur.
sue l l Section
tons under he
Americans with Disa-
]900 Forest Hill Blvd.
West Palm Beach,
Source For ultimate
which the aPPeal�s
IDI based.
This public hearing
also will include ebb
hearing. Written
w m s ill be ry
WATER CONTROL
DISTRICT
339.1351411[1, Florida
Statutes, as amend
bil!ties Act or per
s who re
Florrda33413
MARTIN, ST. LUCIE,
Recent Home
TY
TO Anyone who needs a
sideration of pro-
far
ceivedeb' the Depen-
III— the
AND ALL WHOM IT
d. TM1e M1earing will
t anslation rev ice¢
AND INDIAN RIVER
COUNTIES:
source or
DI- s c 1 e<co mod.-
ON lion for this -Pill
posed prelena
he Florida's Turn-
public
hearin and within a
MAY CONCERN:
TM1e Annual Meeting
beggi el 6 30 pori
witM1 a presentat
Ilree ofntahargel
should co ct Ant°-
Pit- December
Buyers loUsr
LK It co tact the
N; County's Americans
pike Enterprise Sys
m es applicable.
t n day period cher
he public M1earing.
Comments should
of he Landowners
H the Nonh SL r,
re Fiver Water
p a n n g the
FDOi's work pro-
za fol
a Adams at 18661
336-0435 x 4624 or
em aurone e.ada
3.2013 at 6:3opm
FDOTlfreasure Coan
OperarionsCenter
Treasure Coast homes
VG With lni es pct
All in s;ed person
be addressed ro Mr.
Control District hoz
gram proce
lowed by ta-
ms@d'Lslate.fl.uz o
Audit'rium
Cds51NEdS
C...
NO 77 2 Coordinator at
NO ]]22161213 least
r rid
a bi,
James A. Wolfe, PE.,
been called io meet
lion of tM1e Drah Ten
Julie iotas at 18661
3601 Oleander
small) SB MONS , 9
VE 48 flours in advance
rid be head. This
, .
Dubh[ hearing will
Pemoderared
District Secretary,
Florida Department
the office of the
Dtiztricl, 14666
tativa Work Program
between July 1, 2014
336-6435 4631 or
email lulie.luca-
Avenue
Fort Pierce, Florida
palm.comclazslfied wheels &
of the mening.
tthe
District Four Head-
i,A. F,,orrau'n,
District Four, 3400
OrangeA ¢nue,
Fon Pie« a ,Florida
and June .0, 2013
which m a list-
s@d't z r ate.fl.us
You may also choose
34952
stuff
The Public Hearing
ill be held on Tues-
INDIAN RIVER
COUNTY BOARD
quarters wi h the
palm Beach
West Commercial
Boulevard, Fort Lain
at 10:00 a.m. on Fri
ing of �rolen hares
to contact either par
Pub: Nov. 19, 26, 27.
2B, 29, 30, Dec. 1, 2,
°
day, December 10,
OF COUNTY
ntl
Treasure Coast Oper-
eereale, Florida
day, December 6,
2013.
be n0ertaken in
Broward, Palm
tV ar the Florida De-
partment of trans-
2013
It's Always Treasure
2013 n S. a.m., or
a n thereafter as
°Detre
COMMISSIONERS
PETER 0. 0'BR,
et on Centers partici-
'deo
313093421.
mlete Serv]m°
iro°e s°oe.Mnrnslsq
Beach, Martin, St Lu
oo talion District
TCN25I4J86
A Buyer's
Y
ha y be
CHAIRMAN
sting via co
(¢...... Individuals
DATE/EIMEILOCATID
The purpose a the
trig is ie elect
ee
ce and Indian River
taunt s. A public
Feur, 3400 Wezt
Commercial Boole-
Coast
Market at
heard, in the County
Commission Cham-
CFI
Pub: November 29,
2013
c n elan to a^end at
either of the three to
N:
BROWARD COUNTY:
SruCperviso. for
°ter }three
comm Et period will
follow¢ the presents-
a d, Fan loader-
dale, Florida 33309
Classifieds
Treasure Coast
I,— mated
fire floor I Building
rexzs76441
FLORIDA
ti'na'r P12,7 pea
a Webinar. For
Tuesday, December
3, 2013 at 630pm
ears l near the
Aon o} the Foard
non a e ha bear.
g will adlourn at
34n. Negae,t, m
be ade at least ten
TREASURE
Classified
A of the County Ad-
- Lom-
CUUPARTMENT OF
w binar regisrrauon
FDOT,21) in Fobt'u
of Supervisors and
the conclusi'n of the
1101 working days
COAST
rmcom
e
taut pin
TRANSPORTATION
information, please
ylslt nHps11w 2
ditorium
3400 West
tra ,act any oth-
e° buaineaa mat
ublic tour anis
This p b nearI,,
r °the public
Rearmq. w II
CLASSIFIED
c crusit,en CLo N HpUUp
Street Vero Beach[
Florida 33960, a
The Florida Depen
[ of Transpona
.golomeeting.comlre
grsmrl505B56722
Commercial Blvtl,
Fort Lauderdale,
ith legally tom
be fore the meeting¢
also ill include co
sideration of pre-
m n will be re
c rvede b; the Depart-
Your 50DFCe For
z sellnno loIrrsnger wanted
of wrdream:
M1icM1 rime a st
ed parties magiap
on Dislrin Four en-
n.b,c.s A public
Public partic`pation is
solicited wi hoot re
Florida 33 N.
PALM BEACH
Only owners Of land
posed pro)acts for
. Florida's Turn-
menta Iha public
M1earing and w hip a
A Quick Sale
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INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall
form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public dis
items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION:
ADDRESS: 5920 0 Street SW, Vero Beach
complete this
ess
Dr. Grant Gilmore, President, Estuarine, Coast1, and Ocean
Science, Inc. (ECOS)
SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramn
PHONE: 772-475-9363
IS A PRESENTATION PLANNED? YES
NO
IS BACK-UP BEING PROVIDED YES
NO
IS THIS AN APPEAL OF A DECISION YES
NO
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION. Request Commission cancel the Oslo Boat Ramp Proje4
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Fax
Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR:
MEETING DATE:
1! /y • -"J1, IL:LL
Joseph A. Baird
/c/ /V 6011
Documents
Approved 11/7/06
f 37
PRESENTATION TO THE
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Im
R. GRANT GILMORE, JR., PH.D.
SENIOR SCIENTIST
ESTUARINE, COASTAL AND OCEAN SCIENCE, INC.
VERO BEACH, FLORIDA
NOVEMBER 10, 2013
12/10/2013
ti�n.1
12/10/2013
12/10/2013
12/10/2013
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Joseph A. Baird,
County Administrator
THROUGH: Christopher R. Mora, P.E.
Public Works Director
FROM: James D. Gray, Jr. Q
Coastal Engineer
SUBJECT: Notice of Scheduled Public Meeting to discuss the goals and objectives
of the forthcoming update to the County's Beach Preservation Ian
DATE: November 27, 2013
It is requested that the following information be given formal consideration by the
County Commissioners during the regularly scheduled meeting on December 10, 2013.
DESCRIPTION AND CONDITIONS
Board of
Indian River County is currently updating the County Beach Preservation Plan (BPP). In an effort
to keep the public informed staff intends to conduct two (2) public meetings. The first public
meeting will explain the goals and objectives of the BPP update and will solicit public input on
potential beach management strategies. The second public meeting will be held following
development of the beach management strategies and completion of coastal numerical
modeling.
Please be advised that the first public meeting for the BPP update will be held in the County
P
Commission Chambers on Wednesday, December 18, 2013 from 6:00 PM until 8:00
RECOMMENDATION
The recommendation of staff is to include the above referenced public meeting noti�e on the
December 10, 2013 Board of County Commission Agenda.
APPROVED AGENDA ITEM
FOR: December 10, 2013
V. OA
Indian River County
Approved
Date
Administration
Budget
Legal
Public Works
Coastal Eng. Division
F:\Public Works\JamesG\BPP Update 2013-14\Work Order # 3\Public Notide Informational Agenda Item -- Beach Preservation
Public Meeting 12-10-13.docx
183
December
ITEM
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: November 22, 2013
SUBJECT: Social Media and Public Records
FROM: Wesley S. Davis
Commissioner, District 1
2013
14.13.1
I kindly request your consideration in discussing, with possible action, the parameters of
the State of Florida laws regarding government in the Sunshine and public records
extending to the social medias; i.e. Facebook.
WSD:mlp
F:\BCCWgenda Items\2013\Davis\Socia1 Media.doc
184
BCC AGENDA
December 1
ITEM
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: December 4, 2013
SUBJECT: Mensing fax of 12-2-2013
FROM: Commissioner Bob Solari
On December third I received a copy of a fax from Fred Mensing, (copy,
as back-up). It was received in an envelope marked private, evidently be
Mr. Mensing wanted it to be private and "not accessible to the press".
I, 2013
14.D(1)
It is my understanding that the simple request from a member of the public does
not make it so. I would appreciate the County Attorney's opinion on this.
Additionally, with the Board's support, I would like a page or two from the
Attorney, articulating as best he is able under the circumstances, why Mr
Mensing is suing a select group of Commissioners, Attorneys and other
malefactors.
Thank you.
ounty
185
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DEC 0 3 2013
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