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Home My WebLink About02/12/2013AP FFPROCLAMATION HONORING 2-1-1 AWARENESS WEEK FEBRUARY 11 — 17, 2013 WHEREAS, many times when individuals and families need help in meeting life's basic needs and they are not sure where to turn; and WHEREAS, 2-1-1 is an easy to remember, easy to use three-digit number recognized as the central linkage point in providing individuals and families with the guidance, support and information they need to solve their problems; and WHEREAS, Indian River County is fortunate to have a 2-1-1 Helpline, a service of 2-1-1 Treasure Coast, that enables people to access information, provides assessment for and referral to community resources, with telephone counseling for distressed callers including suicide intervention; and WHEREAS, 2-1-1 Helpline service is free, confidential, available 24/7, with highly trained staff who are "here to listen, and here to help," who last year alone assisted over 133,000 callers in need of crisis intervention, assessment and referrals to community services; and WHEREAS, 2-1-1 Helpline looks forward to continuing to provide quality, caring assistance to the people of our community; and WHEREAS, 2-1-1 Helpline staff was also proud to reach beyond our local region to assist thousands of New Jersey victims immediately following the devastation of Hurricane Sandy. The caring 2- 1-1 staff not only provided comfort but also assisted individuals and families in finding shelter, medical help, water, food, warming stations, and so much more as they struggled to survive. During the ensuing two week period, 2-1-1 had received over 3,100 phone calls from individuals and families struggling in New Jersey. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board recognizes February 11 - 17, 2013 as 2-1-1 AWARENESS WEEK in Indian River County and urge all citizens to be aware of the only telephone number they need to know to access information and referral to programs and services at over 2,800 sites in our community that provide assistance in such areas as Healthcare, Insurance, Volunteering, Food, Daycare, Mental Health Counseling, Support Groups, Financial Assistance, etc. . Adopted this 12th day of February, 2013. BOARD OF COUNTY COMMISSIONERS, RIVER COUNTY,F r ep . Flescher, Chairman esley S. Davis, Vice Chairman 777 z * Bob Solari g ,� �LOR1p�' Peter D. O'Bryan C ✓ J Tim Z-c A• Palm Beach/Treasure Coast 2012 211 Treasure Coast 2.�4 Indian River County Service Snapshot Get Connected.GetAnswers. Call Volume per Month y 800 c� ��ti `ate O^ o,°' �^ ti� �^� _ a h h h a h U 600 02011 0 400 ■2012 a 200 0 -r - -T- -T -, -, Z Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Call Types °/o Information and Referrals Call Frequency Assessment&Referral 54 Midnight-8 AM 7°/a Counseling 20% 8 AM-Noon 33% Counseling,Assess&Ref 6% 6,499 -Calls Noon-4 PM 35% Information Only 16% 7,374 referrals made for 821 services 4 PM-Midnight 25% Advocacy/Linkage 2% Emergency Intervention <1%1Top 25 Agencies Receiving Referrals Busiest Hour: 10-11 AM Unknown 1%1 Represents 73%of all referrals made Indian River County Human Services • .. Treasure Coast Homeless Services Council buse/Neglect/Crime 146 1.86% Economic Opportunities Council of Indian River County Call From dmin 18 0.23% St Vincent de Paul Society(Vero Beach) ase Management 59 0.75% Self 92% g Indian River County Free Meals Friend/Relative 7% lothing 39 0.50% Senior Resource Association a risis/I&R Other Areas 119 1.52% Organization 1/o Florida Rural Legal Services Unknown 0% ay Care/Child Care 42 0.54% Florida Department of Children&Families Disabilities 42 0.54% The Salvation Army(Indian River County) Donations Info 16 0.20% St Helen's Catholic Church mployment 104 1.33% St Vincent de Paul Thrift Store(Wabasso) financial Assistance 2,166 27.67% Harvest Food&Outreach Centera ood 483 6.17% Female 74/0 requent Callers 695 8.88% New Horizons of the Treasure Coast Male 25% overnment/Taxes 126 1.61% Mental Health Association In Indian River County Unknown 1% ealth/Medical 362 4.62% Florida Housing Finance Corporation dome Health/Rehab 64 0.82% Your Aging Resource Center/Area Agency on Aging omeless 167 2.13% Treasure Coast Community Health ousehold/Furniture 37 0.47% The Source 0 17 11% dousing 239 3.05% The Food Pantry of Indian River County 18-21 4% urricane 15 0.19% Homeless Family Center 22-34 20% nformation/Other 194 2.48% Indian River County Health Department insurance 134 1.71% Indian River Medical Center 35-54 9% egal 318 4.06% Agency for Health Care Administration(West Palm Beach) 55-59 19/o ental Health 332 4.24% SafeSpace 60-64 % ersonal/Interpersonal 589 7.52% Workforce Development Board of the Treasure Coast 65-74 6%6% Shelter 140 1.79% 75-79 2% Substance Abuse 180 2.30°/0 80&Older 3°/0 Suicide 102 1.30% Transportation 144 1.84% Volunteering 5 0.06% Other 752 9.61% Total: 7,829 100.00% In addition to the above, in the fall of 2012, 211 responded to 3,162 disaster related calls on behalf 211 NJ following Tropical Storm Sandy. (211 PB/TC and 211 NJ have a longstanding reciprocal agreement to provide backup support in times of emergency or disaster) For additional information contact Diane M. Huff, Director of Operations at(561)533-1061 or diane.huff@211 pbtc.org www.211treasurecoast.org ,_A_) 74 INFORMATIONAL ITEMS February 12, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: February 6, 2013 Subject: 2013 ELECTION OF BEACH & SHORE TION ADVISORY COMMITTEE CHAIRMAN AND VICE CHAIRMAN From: Misty L. Pursel Commissioner Assistant, Districts 1 & 5 At the January 21, 2013 Beach & Shore Preservation Advisory Committee (Beach) meeting, the members voted to re-elect Messrs. David Barney as Chairman, and Bob Anderson as Vice Chairman of Beach for the year 2013. No Board action is required. 2 16 INFORMATIONAL ITEMS February 129 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: February 6, 2013 Subject: 2013 ELECTION OF AGRICULTURE ADVISORY COMMITTEE CHAIRMAN AND VICE CHAIRMAN From: Misty L. Pursel Commissioner Assistant, Districts 1 & 5 At the January 24, 2013 Agriculture Advisory Committee (AAC) meeting, the members voted to elect Mr. Louis Schacht as Chairman, and Mr. Bob Adair as Vice Chairman of the AAC for the year 2013. No Board action is required. 3 CLERK OF CIRCUIT COURT INTEROFFICE MEMORANDUMZ TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: JANUARY 31sT 2013 SUBJECT: APPROVAL OF WARRANTS AND WIRES JANUAR)i' 25TH—JANUARY 31 IT 2013 FROM: DIANE BERNARDO- FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of January 25th-January 31St 2013 DB: CC 4 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 294236 1/31/2013 PORT CONSOLIDATED INC 2,289.08 294237 1/31/2013 JORDAN MOWER INC 1,069.60 294238 1/31/2013 TEN-8 FIRE EQUIPMENT INC 1,733.42 294239 1/31/2013 RANGER CONSTRUCTION IND INC 799.45 294240 1/31/2013 COPYCO INC DBA 352.25 294241 1/31/2013 RICOH USA INC 320.99 294242 1/31/2013 CHISHOLM CORP OF VERO 1,181.40 294243 1/31/2013 VELDE FORD INC 663.97 294244 1/31/2013 STEWART MINING INDUSTRIES INC 158.31 294245 1/31/2013 RUSSELL CONCRETE INC 355.00 294246 1/31/2013 DATA FLOW SYSTEMS INC 82.75 294247 1/31/2013 DELTA SUPPLY CO 506.11 294248 1/31/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 46.47 294249 1/31/2013 KELLY TRACTOR CO 194.92 294250 1/31/2013 SAFETY KLEEN SYSTEMS INC 257.95 294251 1/31/2013 AMERIGAS EAGLE PROPANE LP 2,247.03 294252 1/31/2013 ROWMAN&LITTLEFIELD PUBLISHING GROUP INC 213.38 294253 1/31/2013 HD SUPPLY WATERWORKS,LTD 9,200.88 294254 1/31/2013 BOUND TREE MEDICAL 638.78 294255 1/31/2013 EGP INC 819.86 294256 1/31/2013 VERO INDUSTRIAL SUPPLY INC 31.67 294257 1/31/2013 TIRESOLES OF BROWARD INC 1,479.92 294258 1/31/2013 FIRESTONE COMPLETE AUTO CARE 763.30 294259 1/31/2013 CENTER POINT INC 118.45 294260 1/31/2013 NEWMANS POWER SYSTEMS 3,909.86 294261 1/31/2013 HOMELAND IRRIGATION 19.19 294262 1/31/2013 DELL MARKETING LP 3,536.08 294263 1/31/2013 GENERAL PART INC 1,179.40 294264 1/31/2013 GOODYEAR AUTO SERVICE CENTER 264.25 w 294265 1/31/2013 BLAKESLEE SERVICES INC 760.00 294266 1/31/2013 BAKER&TAYLOR INC 663.25 294267 1/31/2013 MIDWEST TAPE LLC 790.45 294268 1/31/2013 LOWES CO INC 1,045.52 294269 1/31/2013 PRECISION CONTRACTING SERVICES INC 1,000.00 294270 1/31/2013 MICROMARKETING LLC 61.99 294271 1/31/2013 FIRST HOSPITAL LABORATORIES INC 51.00 294272 1/31/2013 PALM TRUCK CENTERS INC 58.07 294273 1/31/2013 SOFTWARE HARDWARE INTEGRATION 147.88 294274 1/31/2013 PAULCARONE 3,113.00 294275 1/31/2013 GRACES LANDING LTD 991.00 294276 1/31/2013 LINDSEY GARDENS APARTMENTS 747.00 294277 1/31/2013 CREATIVE CHOICE HOMES XVI LTD 554.00 294278 1/31/2013 CITY OF VERO BEACH 2,680.80 294279 1/31/2013 LSQ FUNDING GROUP L C 4,575.90 294280 1/31/2013 INDIAN RIVER ALL FAB INC 796.99 294281 1/31/2013 UNITED PARCEL SERVICE INC 37.63 294282 1/31/2013 AMERICAN WATER WORKS ASSOC 204.00 294283 1/31/2013 INDIAN RIVER COUNTY SHERIFF 2,769.13 294284 1/31/2013 TREASURE COAST REGIONAL PLANNING 6,000.00 294285 1/31/2013 FLORIDA EAST COAST RAILWAY LLC 7,379.24 294286 1/31/2013 JANITORIAL DEPOT OF AMERICA INC 2,567.41 294287 1/31/2013 HUMANE SOCIETY 20,325.00 294288 1/31/2013 HUMANE SOCIETY 19,500.00 294289 1/31/2013 PUBLIX SUPERMARKETS 12.25 294290 1/31/2013 PUBLIX SUPERMARKETS 74.85 294291 1/31/2013 PUBLIX SUPERMARKETS 35.22 `e- 294292 1/31/2013 ROGER CLEVELAND GOLF INC 221.04 294293 1/31/2013 ACUSHNET COMPANY 682.18 1 5 CHECK NBR CK DATE VENDOR AMOUNT 294294 1/31/2013 INTERNATIONAL GOLF MAINTENANCE INC 83,088.25 294295 1/31/2013 GEOSYNTEC CONSULTANTS INC 34,790.89 294296 1/31/2013 ST JOHNS RIVER WATER MGMT DISTRICT 590.00 294297 1/31/2013 ST JOHNS RIVER WATER MGMT DISTRICT 1,000.00 `wow 294298 1/31/2013 FEDERAL EXPRESS 10.96 294299 1/31/2013 FEDERAL EXPRESS 27.17 294300 1/31/2013 MORGAN&EKLUND INC 7,500.00 294301 1/31/2013 SPRINT SPECTRUM LP 957.41 294302 1/31/2013 TIMOTHY ROSE CONTRACTING INC 9,217.00 294303 1/31/2013 CALLAWAY GOLF SALES COMPANY 4,281.91 294304 1/31/2013 FLORIDA RECREATION&PARK ASSOC INC 43.00 294305 1/31/2013 FLORIDA POWER AND LIGHT 43,292.09 294306 1/31/2013 MIKE CLIFFORD 379.79 294307 1/31/2013 TAYLOR MADE GOLF CO INC 1,349.19 294308 1/31/2013 IRC HOUSING AUTHORITY 100.00 294309 1/31/2013 GIFFORD YOUTH ACTIVITY CENTER INC 6,611.87 294310 1/31/2013 CONTRACT SERVICE ENTERPRISES INC 17,087.42 294311 1/31/2013 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,965.77 294312 1/31/2013 JOSEPH A BAIRD 488.95 294313 1/31/2013 JASON E BROWN 498.50 294314 1/31/2013 HOMELESS FAMILY CENTER INC 1,830.18 294315 1/31/2013 SHERILEE D PARSELL 750.00 294316 1/31/2013 FLORIDA STATE GOLF ASSOCIATION 55.00 294317 1/31/2013 MIKE HOTCHKISS 130.00 294318 1/31/2013 HENRY SMITH 342.00 294319 1/31/2013 FIRST AMENDMENT FOUNDATION 77.55 294320 1/31/2013 INDIAN RIVER COUNTY HISTORICAL 1,595.87 294321 1/31/2013 SCHOLASTIC SPORTS INC 97.50 294322 1/31/2013 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 119.86 294323 1/31/2013 COMCAST 100.29 294324 1/31/2013 ADVANCED XEROGRAPHICS IMAGING 1,129.96 w 294325 1/31/2013 PINNACLE GROVE LTD 1,484.00 294326 1/31/2013 VERO CLUB PARTNERS LTD 2,061.00 294327 1/31/2013 DAVID SPARKS 616.00 294328 1/31/2013 FORT PIERCE HOUSING AUTHORITY 249.00 294329 1/31/2013 INDIAN RIVER INVESTMENT REALTY INC 452.00 294330 1/31/2013 INDIAN RIVER COUNTY HOUSING AUTHORITY 355.00 294331 1/31/2013 MIDWEST MOTOR SUPPLY CO 408.60 294332 1/31/2013 ED SCHLITT LC 1,875.00 294333 1/31/2013 RUSSELL PAYNE INC 395.01 294334 1/31/2013 JOHN COLONTRELLE 542.00 294335 1/31/2013 CINDY CORRENTE 31.15 294336 1/31/2013 ARTHUR PRUETT 560.00 294337 1/31/2013 FLORIDA DEPT OF JUVENILE JUSTICE 45,842.31 294338 1/31/2013 VAN WAL INC 10.00 294339 1/31/2013 JOSEPH W VASQUEZ 144.00 294340 1/31/2013 SYNAGRO-WWT INC 47,807.77 294341 1/31/2013 THE CLEARING COMPANY LLC 680.00 294342 1/31/2013 FLORIDA RURAL LEGAL SERVICES INC 3,060.93 294343 1/31/2013 RANDOM HOUSE INC 30.00 294344 1/31/2013 ALAN HILL 65226 294345 1/31/2013 SHERWIN WILLIAMS CO 1,170.00 294346 1/31/2013 COASTAL TECHNOLOGY CORPORATION 52,296.81 294347 1/31/2013 MILLER BEARINGS INC 729.98 294348 1/31/2013 JOHNS EASTERN COMPANY INC 4,563.60 294349 1/31/2013 PELICAN ISLES LP 274.00 294350 1/31/2013 BEACHLAND CLEANING SERVICE 837.00 294351 1/31/2013 EXTREME CONTROL SYSTEMS INC 1,086.18 294352 1/31/2013 JOHN F BAER 31,152.00 294353 1/31/2013 MICHAEL NIXON 25.00 2 6 CHECK NBR CK DATE VENDOR AMOUNT 294354 1/31/2013 HFB OF FLORIDA LLC 570.00 294355 1/31/2013 METRO FIRE PROTECTION SERVICES INC 1,018.30 294356 1/31/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 376.55 294357 1/31/2013 KENNY CAMPBELL JR 90.00 294358 1/31/2013 D&S ENTERPRISES OF VERO BCH LLC 70.90 294359 1/31/2013 ARJUNA WERAGODA 130.00 294360 1/31/2013 JOHNNY B SMITH 288.00 294361 1/31/2013 EARRING POINT PROPERTIES 642.00 294362 1/31/2013 MUNICIPAL WATER WORKS INC 6,638.55 294363 1/31/2013 SAINT EDWARDS SCHOOL INC 2,670.00 294364 1/31/2013 DANE MACDONALD 126.00 294365 1/31/2013 MARY BAKEMA 25.00 294366 1/31/2013 REDLANDS CHRISTIAN MIGRANT ASSOC 2,408.95 294367 1/31/2013 CHARLES SULLIVAN JR 26.42 294368 1/31/2013 STEVEN F BERNYK 1,494.00 294369 1/31/2013 JAMES &DENISE LAFORTUE 50.00 294370 1/31/2013 MARK KNOWLES 507.00 294371 1/31/2013 VATLAND HONDA 22,267.99 294372 1/31/2013 BENNETT AUTO SUPPLY INC 1,160.95 294373 1/31/2013 VIRGINIA PINES 438.00 294374 1/31/2013 PAULA WHIDDON 553.00 294375 1/31/2013 NICOLACE MARKETING INC 4,589.10 294376 1/31/2013 NEW YORK MET S/ST LUCIE METS 850.00 294377 1/31/2013 GATOR INVESTMENTS 684.00 294378 1/31/2013 SEASIDE LANDSCAPES INC 309.00 294379 1/31/2013 VERA SMITH 162.00 294380 1/31/2013 GLISSON&CO INC 1,020.00 294381 1/31/2013 BRENNTAG MID-SOUTH INC 7,193.76 294382 1/31/2013 DAVID WALSH&ASSOC 576.00 294383 1/31/2013 JAMES W DAVIS 297.00 294384 1/31/2013 WOERNER DEVELOPMENT INC 199.50 �.. 294385 1/31/2013 MDT PERSONNEL LLC 4,563.52 294386 1/31/2013 BOOKER AND BONNIE ENTERPRISES LLC 400.00 294387 1/31/2013 NITAEZELL 427.00 294388 1/31/2013 LINDSEY GARDENS II LTD 350.00 294389 1/31/2013 PACE ANALYTICAL SERVICES INC 656.00 294390 1/31/2013 DELRAY MOTORS 83.61 294391 1/31/2013 AG SCAPE SERVICES INC 3,407.80 294392 1/31/2013 OVERDRIVE INC 1,116.25 294393 1/31/2013 MISS INC OF THE TREASUE COAST 738.00 294394 1/31/2013 SOUTHERN ASSOCIATES LLC 647.00 294395 1/31/2013 CIT FINANCE LLC 138.46 294396 1/31/2013 NATIONAL CINEMEDIA LLC 195.00 294397 1/31/2013 JACQUELINE PATSCHE 54.00 294398 1/31/2013 BORO BUILDING & PROPERTY MAINT INC 4,720.13 294399 1/31/2013 CRAIG LOPES 332.00 294400 1/31/2013 INTEGRITY LAWNS &LANDSCAPING 1,260.00 294401 1/31/2013 INDIAN RUN LIMITED PARTNERSHIP 724.00 294402 1/31/2013 JMC SERVICES INC 400.00 294403 1/31/2013 MADISON VINES 563.00 294404 1/31/2013 COMANCO ENVIRONMENTAL CORPORATION 283,143.79 294405 1/31/2013 AHEAD LLC 479.79 294406 1/31/2013 HAYES E GOVERNMENT RESOURCES INC 40.00 294407 1/31/2013 FREDDA LOZADO 604.00 294408 1/31/2013 JOSHUA GHIZ 2,34 .80 294409 1/31/2013 MTD4 PELED LLC 444.00 294410 1/31/2013 FIVE STAR PROPERTY HOLDING LLC 800.00 294411 1/31/2013 WILD TURKEY ESTATES OF VERO LLC 1.713.10 294412 1/31/2013 TIM ZORC 241.82 294413 1/31/2013 AMERICAN IRRIGATION OF IRC INC 3,000.00 3 7 CHECK NBR CK DATE VENDOR AMOUNT 294414 1/31/2013 JP COOKE COMPANY 10.89 294415 1/31/2013 JORDAN S BURR 176.00 294416 1/31/2013 WILLIAM LEE 1,411.00 294417 1/31/2013 RESCUE TECH 1 INC 548.96 294418 1/31/2013 VINCENT BURKE 130.00 294419 1/31/2013 TOMMY HARRINGTON 108.00 294420 1/31/2013 GOVCONNECTIONS INC 142.00 294421 1/31/2013 MARY LOU E VANDGRIFT 5.36 294422 1/31/2013 ERIK BARKELY 56.67 294423 1/31/2013 JANE MCCALLISTER 26.42 294424 1/31/2013 STARR GUIMARES 33.61 Grand Total: 905,846.47 4 8 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1000784 1/25/2013 REPUBLIC SERVICES OF FLORIDA 87,680.13 1000785 1/25/2013 REPUBLIC SERVICES OF FLORIDA 87,680.11 1000786 1/25/2013 REPUBLIC SERVICES OF FLORIDA 116,653.47 1000790 1/25/2013 REPUBLIC SERVICES OF FLORIDA 116,653.48 1000791 1/28/2013 EVERGLADES FARM EQUIPMENT CO INC 182.82 1000792 1/28/2013 PARKS RENTAL& SALES INC 271.49 1000793 1/28/2013 COMMUNICATIONS INTERNATIONAL 259.10 1000794 1/28/2013 SAFETY PRODUCTS INC 497.65 1000795 1/28/2013 INDIAN RIVER BATTERY 452.35 1000796 1/28/2013 MIKES GARAGE& WRECKER SERVICE INC 55.00 1000797 1/28/2013 ABCO GARAGE DOOR CO INC 172.75 1000798 1/28/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 129.96 1000799 1/28/2013 DEERE&COMPANY 217.36 1000800 1/28/2013 COMMUNITY ASPHALT CORP 1,176.68 1000801 1/28/2013 DYNAMIC BRANDS LLC 115.00 1000802 1/28/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 128.23 1000803 1/28/2013 BRIDGESTONE GOLF INC 1,858.95 1000804 1/28/2013 HARCROS CHEMICALS, INC. 21,769.26 1000805 1/28/2013 AUTO PARTNERS LLC 558.35 1000806 1/28/2013 L&L DISTRIBUTORS 453.60 1000807 1/28/2013 STAT MEDICAL DISPOSAL INC 275.00 1000808 1/29/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 70.16 1000809 1/29/2013 CAPITAL OFFICE PRODUCTS 4.88 1000810 1/29/2013 AT&T 4,630.75 1000811 1/29/2013 OFFICE DEPOT BSD CUSTOMER SVC 972.70 1000812 1/30/2013 COMMUNICATIONS INTERNATIONAL 466.40 1000813 1/30/2013 NORTH SOUTH SUPPLY INC 143.08 1000814 1/30/2013 ALLIED UNIVERSAL CORP 5,604.50 1000815 1/30/2013 HILL MANUFACTURING CO INC 1,240.50 1000816 1/30/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 451.97 1000817 1/30/2013 SOUTHERN COMPUTER WAREHOUSE 1,140.32 1000818 1/30/2013 SEBASTIAN OFFICE SUPPLY CO 6.82 1000819 1/30/2013 CAPITAL OFFICE PRODUCTS 183.89 1000820 1/30/2013 SIMS CRANE& EQUIPMENT CO 823.90 1000821 1/30/2013 S & S AUTO PARTS 1,483.90 1000822 1/31/2013 INDIAN RIVER BATTERY 75.75 1000823 1/31/2013 REPUBLIC SERVICES OF FLORIDA 318.00 1000824 1/31/2013 DAVIDSON TITLES INC 972.69 1000825 1/31/2013 MIKES GARAGE& WRECKER SERVICE INC 100.00 1000826 1/31/2013 RECORDED BOOKS LLC 297.00 1000827 1/31/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 190.07 1000828 1/31/2013 DEERE& COMPANY 581.77 1000829 1/31/2013 COMMUNITY ASPHALT CORP 104.04 1000830 1/31/2013 AUTO PARTNERS LLC 709.19 1000831 1/31/2013 S & S AUTO PARTS 104.82 Grand Total: 457,917.84 1 9 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2267 1/24/2013 BENEFITS WORKSHOP 5,990.86 2268 1/24/2013 BENEFITS WORKSHOP 2,840.00 2269 1/25/2013 KIMLEY HORN&ASSOC INC 18,751.90 2270 1/25/2013 KIMLEY HORN&ASSOC INC 12,526.30 2271 1/25/2013 KIMLEY HORN&ASSOC INC 20,241.00 2272 1/25/2013 VEROTOWN LLC 2,334.00 2273 1/28/2013 VEROTOWN LLC 8,856.88 2274 1/28/2013 CONSUMER TITLE&ESCROW SERVICES CO INC 15,000.00 2275 1/29/2013 BENEFITS WORKSHOP 12,051.49 2276 1/29/2013 BENEFITS WORKSHOP 638.03 2277 1/30/2013 SENIOR RESOURCE ASSOCIATION 151,642.89 2278 1/31/2013 CLERK OF CIRCUIT COURT 74,969.41 2279 1/31/2013 INDIAN RIVER COUNTY SHERIFF 2,964,036.48 2280 1/31/2013 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 70,142.59 Grand Total: 3,360,021.83 1 10 CONSENT: 2/12/2013 S6 v , Office of INDIAN RIVER COUNTY �. ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Alan S. Polackwich, Sr. — County Attorney FROM: W illiam K. DeBraal — Deputy County Attorney DATE: February 5, 2013 SUBJECT: South County Algal Turf Scrubber Stormwater Treatment Facility Project — Declaration of Unity of Title On December 4, 2012 the Board of County Commissioners approved a special exception use application for the referenced project with certain conditions, one of which is to combine the existing water plant (R.O.) site and the site of the new facility into a single, overall water plant site by unifying title under a recorded Declaration of Unity of Title. Attached for your approval is the Declaration of Unity of Title which combines the existing 24.12-acre water plant (R.O.) site located at 1550 9th Street, S.W. with the 12.93-acre site of the new facility (purchased in August, 2012 from Beale Holdings Inc.) located at 1225 5t" Street, S.W. FUNDING: Expenses associated with this item would be the recording fee for recording the Declaration of Unity of Title in the amount of $18.50. Funding is available from the Utilities Fund/WIP/South County Brine Disposal - Account No. 471-169000-12502. "71PIPROVED FOR ILL TINGNSEN END , „ 1 _ 3 RECOMMENDATION: Approve the attached Declaration of Unity of Title and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. /nhm attachment 2 12 Prepared by: Office of County Attorney Indian River County 1801270'Street Vero Beach,FL 32960 772.226.1425 w.. DECLARATION OF UNITY OF TITLE WHEREAS, the undersigned is the fee simple owner of the following described property situate in Indian River County, Florida: Tract 9, LESS the East 15 acres, in Section 23, Township 33 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company as recorded in the Office of the Clerk of the Circuit Court, St. Lucie County, Florida, and recorded in Plat Book 2, Page 25, now being located in Indian River County, Florida, LESS AND EXCEPTING all rights of way for Oslo Road and drainage canals and The East 15 acres of Tract 9, Section 23, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company Subdivision, filed in the Office of the Clerk of the Circuit Court �... of St. Lucie County, Florida, in Plat Book 2, Page 25; LESS the South 165 feet, and LESS all the easements and right-of-way for public roads, canals, etc.; said land now lying and being in Indian River County,Florida and; WHEREAS, the undersigned has made application for issuance of a development order on a project designed in a manner which necessitates the above-described parcels being held in single ownership as one entire tract; and NOW, THEREFORE, the undersigned declares that such parcels will in the future, be held and treated as one single parcel of land, which is not to be divided for sale or transfer of ownership other than as a single tract unless then current land development regulations are met; and The covenant stated herein shall be considered binding on all future successors and owners and shall be strictly enforceable by Indian River County, Florida in accordance with its land development regulations, and shall remain valid until such time as released in writing by 13 an authorized representative of the Community Development Department of Indian River County, Florida, by recorded document. WITNESS the hand and seal of the undersigned,this day of , 2013. OWNER: INDIAN RIVER COUNTY, a political subdivision of the State of Florida MAILING ADDRESS: 180127 th Street Vero Beach,FL 32960 ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Joseph E. Flescher, Chairman By: Board of County Commissioners Deputy Clerk BCC Approved: APPROVED A5 TO FORM AND L GAL SUFF CIFNC aY WILLIAM K.DEI3RAAL DEPUTY COUNTY ATTORNEY STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2013, by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, Florida who is personally known to me. NOTARY PUBLIC signature of Notary Public: printed name: SEAL: Commission Number: Commission Expiration: 2 14 Consent 2/12/13 v : Office 0 .ff f INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney To: Board of County Commissioners From: /illiam K. DeBraal, Deputy County Attorney Through: Alan S. Polackwich, Sr., County Attorreey��(_� Date: February 6, 2013 Subject: Conveyance of Perpetual Easement to Florida Department of Transportation for new U.S. 1 South County Bridge The Florida Department of Transportation (FDOT) is in the process of planning and designing a new bridge on south U.S. 1 at the County line. The new bridge will still span the railroad tracks and Old Dixie Highway but the design will add a third lane to provide for a safer bridge. In order to accommodate the new wider bridge, a new easement is needed to account for the pilings to support the bridge and the aerial portion of the bridge which will be permanently located above the ground. The attached perpetual easement is submitted to the Board for consideration and approval. The attached resolution is required by FDOT to memorialize the Board's approval of the easement. Funding: There is no funding impact as a result of this easement. Recommendation: Staff recommends the Board approve the perpetual easement in favor of FDOT and authorize the Chairman to execute the easement and the resolution of behalf of the Board. c: Chris Poisson, FDOT 9.C. ETt "i - C AGENDA v t IL (eo ,Ill TY PT _ Ems- r - 15 ��. _ 07-PE.11-06/-93 This instrument prepared Parcel No. 806.1 under the direction of: Item/Segment No. 2285.832 vauri.ce C Mayes, Esq.. ay- Section 8.8010-2503 Sketch & Legal .De°scr�}pt.ion .Managing District-: 04 prepared; by:: S.;R. No: 5 (Q-S. I) Louis .Cefolia,, F.S.1+S,..,(.11->02-T2). County Iridian River Aocument .prepared by Grace K. Abed Department of Transportation. 3:40:0 W.. Commercial. Boulevard: ;Ft: Lauderdale, ;Florida 333:09 VERMMUAIL:;SASEMKkT THIS EASEMENT made this aa;y of by INDIAN RIVER .00UNTY,, FLORIDA a poli:t'cal. aub3iyis on:. of the State of. Florida; whose address is:; 1,801- 27 Shreet:.;: Vero, Beach; Florida . 3+2960.:, grantor', to the STATE OF FI,p1;ZAA:.DE$ARTN1E1dT OF `TRANSE?OIZTATION:, its successors and assigns, :grantee•Y WITNESSETH:- That the grantor for and in >consideration of- the suin other valuable...coxjszder4tzL04s paid-,..the :re.ceipt-:and.. :suffic ency .pf which is hereby acknowledged, hereby grants unto the *RAW. grantee:, :its- succes.sprp and. assigmaj a perpetual. eaeem[ent for :right of way purposes, 'tggethe't with the ) 't Light o: enter upon said property. .and construct and ma�ptazp the bridge far State Rb.ad 5. (D:$: i,) .1n, over, imder., upon,ohd through. the fQllowirig desGr ed 1ancT in Ipdian Ritrer County, Florida., viz.: (See. attached Exhibit "A") To HAVE AND To Holb the :same unto :sa°fd .grantee, . .ts. successors and a:Ss:lgng forever-. .IN WITNESS WIMPSOP.., :t ie saki :grantor hast :caused the . presents td be- executedxn =• ts: name by its EQazd sof bounty Gomm ss oners: actipg by the Ciairiian or vice=Chairman of: said.`Boars. the day and year a€oresa3., 16 ATTEST'i:. INDIAN RIVE?R 001q X; FLORIRA By Its Board of :County. print Name: Commissioners Clerk (or Deputy Clerk) By Print Name-: Chairman. AP;PROVED:PS TO FORMAM LEGA4 SUF:PICIENCY 8y ^C County Attorney STATE TE Ol' XMID CQUNV OF- JN?P; N PIVE�t The 'fore.going: ;instrument was acknowledged before me this day of , 201 by Chairman, who i±s pe7rsarrally ;known to. me or who has produced as identification Print Naive Notary -.Public in and. for the County and,_.State last a oresald Jty Commission Esp res.i 5eraZ Na,, if ariy 17 EXHIBIT "A" RGE. 39 EAST RGE. 40 EAST ti OSLQQOSLO— 1 a PARI�� 605 = CRAWFO p:: PT. .. 606�.. �— H DI G H 5 -I Il --I -2s 30-- INDIAN RIVER:.::...,. TMI VERO BEACH VERO BEACH :, p HIGHLANDS 1 29 :T0 FORT PIERCE -7... t/1 AQUATIC M VE :' :PRESERVE ;:: 3 M SHORES x_33 - - - 3 ROU N LrS.0 D -.-ROUND.*.' .. ;.:_.' 32 " <: :::: 15. INDIAN RIVER COUNTY ST. LUCIE COUNTY o ;: ; PARCEL LOCATION / LOCATION MAP SCALE: I" • I MILE GENERAL NOTES 1 ) BEARINGS SHOWN HEREON ARE BASED ON THE BASELINE OF SURVEY OF THE RIGHT OF WAY MAP FOR STATE ROAD 5 (U.S. 1 ), SECTION NO. 88010-2503, SHEET 3 OF 7, BETWEEN STA. 10.69.53 AND STA. 15.00.00, BASELINE BEARING N 27°07'37" E. 2) STATIONS AND OFFSETS ARE RELATIVE TO THE BASELINE OF SURVEY UNLESS OTHERWISE NOTED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. wN.. 4 ) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 5) PERPETUAL EASEMENT AREA OF PARCEL 806 903 S.F. OWNERt INDIAN RIVER COUNTY LEGENDt - BASELINE NO. • NUMBER CL CENTERLINE CONSTRUCTION PGL • PROFILE GRADE LINE C.R. - COUNTY ROAD P.O.B. • POINT OF BEGINNING (E) • EASTING P.O.C. • POINT OF COMMENCEMENT EXIST. • EXISTING P.O.T. - POINT ON TANGENT F.D.O.T. • FLORIDA DEPARTMENT OF RGE. • RANGE TRANSPORTATION R/R • RAILROAD F.E.C. • FLORIDA EAST COAST RAILWAY R/W • RIGHT OF WAY F.P. - FINANCIAL PROJECT SEC. • SECTION HOR. - HORIZONTAL S.R. . STATE ROAD LT. • LEFT STA. • STATION (N) - NORTHING TWP. • TOWNSHIP STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 4 - RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BOULEVARD TIMS:2285832RWMA RWPS806.0GN FT. LAUDERDALE. FLORIDA 33309 FLORIDA DEPARTMENT OF TRANSPORTATION ... PARCEL SKETCH - NOT A SURVEY STATE ROAD NO. 5 (U.S.1) INDIAN RIVER COUNTY BY DATE PREPARED BY: OAiA SOURCE: REVISE BEARING SANCHE2 01.14.13 F.D.O.T.DISTRICT 4 1004328.EFB115433.ARC.1000943 DRAWN SANCHEZ 10.16.12 ♦ (� REVISION Br OA7E CHECKED CEFDUA to•t 6•t2 F.P. NO. 228583-2 SECTION 88010-2503 SHEET 1 OF 3 I jv� EXHIBIT "A" n0 E 1 P.O.C. INDIAN RIVER COUNTY PVF 4 S. 1 /4 COR.SEC.31-33-40 3g S' ♦� SET 5/8 I.R.W/FDOT CAP ACREAGE o IN CONCRETE g�• 60 (N 1172,315.826 a0 1� 00 y o )- , .,1 P.O.T. STA.560.02.62 .� •U1 v3 (E)-859,129.032 SURVEY S.R.713• ST. LUCIE COUNTY �yJy'r� a STA.1191•30.85. 25.70' LT. t�,F coQ a'bQl a SURVEY S.R.5 ,i �• h�' q ';p p (N)•1,172,293.876 `oA�Q Cas 1191 .00.73 (E)•860.602.883 0 O pG 126.17'LT 13.76.79 �` op o0 y 141.00'LT 89.16' 1191.13.26.100.00'LT < -- _ N 27'07'37" E 371.43' S 22°29'41 " W 16. �O- 19.97' SURVEY S.R.S N 89°49.26" W EXIST. R/W LINE - -- -- EXIST. R/W LINE -_ yc� 29.23' P.O.B. 82.14' spy S 27°07'37" W 1191.13.29. a9'LT 98. Q SURVEY 9 \ P.O.T.STA. 1191.63.45 806 .98- QP @SURVEY S.R.S 558 FD. 3" x 3" C.M. F'�556 557 (N)-1.172,311.182 SURVEY S.R.713 (KINGS HWY. ) �? (E)-860.640-624 555 559 560 554 `a� o N 27°04'27- E 553 N 22°29'39" E lb h� �P 5 I 552 CL CONSTRUCTION o�� P 49?1 N 27007'37"E 16.83' a10 32.20' SURVEY S.R.5 (U.S.HWY. 1 ) N 27°07'37" E 12 13 14 SURVEY S.R.S (U.S.HWY. 1 ) o. PT STA. 1191-31.25 o a°3 PTS (N)•1.172,282.520 1 1-22.66. 11 �O v1 o (E)•860.625.940 85.42'RT Ln .89.82 gyp. FP•a0 - � 54.00'RT IS•00' y � a` FD. 3/4•' I.P. EX1ST_R/W LINE qa, o S 63009'15' E \ y� - _ `� \ a� `acs, 240.93' N 27°07 37" E o EXIST. R/W LINEO 14.30.75 UAT EOION: -- l�pQ��h ��, �\1 ACREAGE P.O.T.STA.1191.63.45 BK- i1-20.30hyo' S9.00'RT P.O.T.STA.10.69.53 AN 85.00'RT ��. O~ E_XI_ST.R/W LINE @ SURVEY S.R.S II-22.54,85.42'RT �1�L��O 1 1c��' N 27'0737" E ---(---1.1-72.304.408 Q i' i (E)-860.654-007 F D• 3/4" I.P. ` �� TMS:220SS32lRWMA RWPS806.DGN STATE ROAD NO. 5 (U-S-1) INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF TRANSPORTATIONDnTF pREpPRED BY: DATA SOURCE: F.D.O.T.DISTRICT 4 100032B.EF8135433ARC.1000943 PARCEL SKETCH - NOT A SURVEY REVISE BEARING SANCHEZ 03-14.13 DitAWN SANCHFZ 10.76-12 REVISION BY OATI CHECKED CEF9t1A 10-10-12 F.P. NO. 228583-2 SECTION 88010-2503 SHEET 2 OF 3 '.1 CD EXHIBIT "A" PARCEL NO. 806 PERPETUAL EASEMENT A PORTION OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST IN INDIAN RIVER. COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, COMMENCE AT THE SOUTH 114 (ONE-QUARTER) CORNER OF SAID SECTION 31, THENCE SOUTH 89°4926" EAST ALONG THE SOUTH LINE OF SAID SECTION 31, ALSO BEING THE SOUTH LINE OF TOWNSHIP 33 .SOUTH, A DISTANCE OF 1;370.25 FEET TO A POINT ON THE WESTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD 5 (U.S. 1'), THENCE NORTH 27°07'37" EAST ALONG SAID WESTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 371.43 FEET TO A POINT ON THE WESTERLY EXISTING RIGHT OF WAY LINE OF COUNTY ROAD 605 (OLD DIXIE HIGHWAY) AND THE.POINT OF BEGINNING; THENCE CONTINUE NORTH 27°07'37" EAST ALONG SAID WESTERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD 5 (U.S. 1), A DISTANCE OF 82.14 FEET TO A POINT ON THE EASTERLY EXISTING RIGHT OF WAY LINE OF SAID COUNTY ROAD 605 (OLD.DIXIE HIGHWAY); THENCE NORTH 19'48'0.6' W[ST ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 1.9.97 FEET, THENCE SOUTH 22°29'41"WEST, A DISTANCE OF 89.16 FEET TO A POINT ON THE WESTERLY EXISTING RIGHT OF WAY LINE OF SAID COUNTY ROAD 605 (OLD DIXIE HIGHWAY); THENCE 5OUTH 19°48`06" EAST ALONG SAID WESTERLY EXISTING RIGHT OF WAY LINE,. A DISTANCE OF 10,12 FEET TO THE POINT OF BEGINNING. CONTAINING 903 SQUARE FEET, MORE OR. LESS. °rr.. 1 HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED UNDER. MY DIRECTION AND THAT IT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS; IN CHAPTER 51-17:,050-052 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA:STATUTES, 11/02/12 ?LD DATE UR EYOR & MAPPER NO, 4805 FLORIDA DEPARTMENT OF TRANSPORTATION NOT VALID UNLESS SIGNED AND SEALED. Tl M S:2285832NMP5806.OGN FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL SKETCH - NOT A SURVEY __......_.._.._..__.__..__ -- STATE ROAD NO. 5 INDIAN RIVER COUNTY .m - - ......__._..__..._,,...._..,.,- 8Y UAT@ PICPANEO UY. DATA SOURLE: .......... f.1I,0.T.OISTRECT 4 ID04328,EF8115433.ARC, 1000943 .,. DRAW SA C.0 I0.1642 —."`— ..._.___ • REVISC OEARING I SANCREZ 07-1a•YD '/ O Ov*ZI: BY DATE CHECKED CEFOUA 10.18.12 F.p, NO. 228583.2 SECTION 88010-250 SHEET 3 OF 3 L RESOLUTION NO. 2013- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A PERPETUAL EASEMENT FOR CONSTRUCTION OF A BRIDGE OVER OLD DIXIE HIGHWAY AND THE RAILROAD TRACKS ALONG US HIGHWAY 1 AT THE SOUTH COUNTY LINE. WHEREAS, the construction of the bridge over Old Dixie Highway and the railroad tracks along US Highway 1 at the South County line is part of a Florida Department of Transportation project to widen and improve State Road No. 5 (US Highway 1); and WHEREAS, the Florida Department of Transportation (FDOT) is planning, designing and constructing the bridge and roadway improvement project;and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County to execute and deliver to the State of Florida, Department of Transportation, a Perpetual Easement for the aforementioned project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Perpetual Easement for the aforementioned project. The foregoing resolution was offered by Commissioner ..who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote,the vote was as follows: Chairman Joseph E. Flescher Vice-Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this 12th day of February, 2013. Attest: Jeffrey R. Smith, Clerk BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: BY Deputy Clerk Joseph E. Flescher, Chairman County Attorney Approved as to Form and Legal Sufficiency F:\Attomey\Bi111Resolutions\FDOT Resolution US!bridge easement.doc 21 CONSENT AGENDA INDIAN RIVER COUNTY,FLORIDA 2D MEMORANDUM TO: Joseph A. Baird; County Administrator TMENT HEAD CONCURRENCE: r Robert M. eati g, AI P Commu ' evelopment Director THROUGH: Phillip J. Matson, AICP; MPO Staff Director � J FROM: Brian Freeman, AICP; Senior Transportation Planner [3f- DATE: January 31, 2013 SUBJECT: Consideration of New Three-Year Agreement between Indian River County and the Indian River County Senior Resource Association, Inc. for Provision of Mass Transit Service It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 12, 2013. DESCRIPTION, CONDITIONS, AND ANALYSIS In July 1998,the Federal Transit Administration(FTA)conducted a triennial review of Indian River County's federally funded transit program. One FTA requirement arising from the triennial review was that the County and the Senior Resource Association(SRA),formerly known as the Council on Aging,comprehensively formalize the responsibilities of each parry regarding the provision of public transportation services within the County.In response to that requirement,Indian River County and the Senior Resource Association entered into an Agreement for Mass Transit Service Provision in 1999. Subsequently,that agreement was renewed by both parties in 2002,2006,and 2010.The latest renewal expires February 16, 2013. In cooperation with the SRA,staff has prepared a new Agreement for Mass Transit Service Provision (Attachment#1).The agreement identifies the responsibilities of the County and the SRA regarding grant application and administration,vehicle procurement and maintenance,drug and alcohol testing, public comment on fare and service changes, handicapped accessibility, and other issues. The agreement also provides for County oversight of the SRA's transit activities to ensure compliance with federal regulations. The new agreement has been executed by the SRA's Board of Directors. Once executed by the Chairman of the Board of County Commissioners, the agreement will be in effect for a period of three years. FACommunity Development\Users\MPO\Admin\Agreements\TRANSIT\2013\bcc staff report.doe 1 22 The 2010 renewal contained several minor changes to the agreement. At that time,the agreement was changed to allow the County,at its discretion,to provide payments to the SRA equal to 1/12 of the operating budget on the first of each month in lieu of reimbursement for invoiced expenses each month. Other changes replaced outdated references throughout the document to the former agency name, the Council on Aging, with the new agency name, the Senior Resource Association. For 2013, no modifications are being proposed to the existing agreement. FUNDING This is a continuation of an existing agreement for mass transit service. It does not commit the County to any specified level of financial support. For the current fiscal year, the County is contributing $475,124 for public transportation. Those funds serve as the local match for various state and federal grants. The overall mass transit system operating budget is approximately $1,700,000. RECOMMENDATION Staff recommends that the Board of County Commissioners review the attached Agreement for Mass Transit Service Provision between the County and the Indian River County Senior Resource Association, Inc., make any necessary changes, and authorize the Chairman to execute the agreement. ATTACHMENTS 1. Agreement for Mass Transit Service Provision APPROVED AGENDA ITEM: FOR: A-1a - 3 BY: Indian River Co, Approved Date Admin. I Wis Legal Budget 6 `� Dept. Risk Mar. ETommunity Development\Users\MPO\Admin\Agreements\TRANSIT\2013\bcc staffreport.doc 2 23 AGREEMENT FOR MASS TRANSIT SERVICE PROVISION by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS and INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION, INC. This agreement, entered into this day of , 2013, by and between the Indian River County Board of County Commissioners (County) and the Indian River County Senior Resource Association, Inc. (SRA), establishes the responsibilities of each of the parties with respect to obtaining and administering mass transit capital and operating assistance authorized by 29 USC, Section 5307. The purpose of this agreement is to comply with Federal Transit Administration requirements to establish formal procedures for Section 5307 grant application and administration activities. Recognizing that Indian River County has a need for limited mass transit service, the County agrees to provide the SRA with capital funding and operating assistance to provide such service. County funding will be a combination of federal grant funding, state grant funding, and local funding. In consideration of receipt of this funding, the SRA agrees to maintain and operate a mass transit system within Indian River County according to the provisions of this Agreement. I. The parties mutually agree to cooperate in providing mass transit service within Indian River County. Accordingly, each party acknowledges its responsibilities as detailed below, and agrees to discharge these responsibilities in the referenced timeframes. II. This agreement shall be in effect for the period of three years from the date of execution by both parties. Any revisions or modifications to this agreement must be mutually agreed upon by both parties in writing. This agreement may be terminated by either party upon the provision of at least six months prior written notice. This agreement may also be terminated upon failure of either party to discharge in good faith the duties and responsibilities prescribed in this agreement. III. The parties hereby designate the following official representatives for purposes of this agreement: County: Robert M. Keating, AICP - Community Development Director SRA: Karen Deigl—Chief Executive Officer Indian River County Mass Transit Service Agreement Page 1 24 IV. The responsibilities of the County are: a. To submit grant applications for Section 5307 and Florida Public Transit Block Grant (PTBG) funds: In July of each year, the County will coordinate with the SRA to project capital and operating funding needs for the following fiscal year. Using that information and other data provided by the SRA, the County will prepare and submit grant applications for FTA Section 5307 grant funds and Florida PTBG funds. The County also agrees to provide, on an annual basis, matching funds for mass transit purposes. b. To administer and manage Section 5307 and PTBG funds: The County will prepare and submit all applicable quarterly progress reports, financial status reports, invoices, requisitions, and closeout reports for Section 5307 and PTBG fiinds: These submittals will be based on information provided to the County by the SRA. The County agrees to reimburse the SRA within 30 days of receipt of the SRA's accurate monthly invoice for mass transit funding. The County may at the County's option provide funding on an advance basis. This advance will be provided in monthly draws equal to 1/12th of the annual operating budget paid in advance on the first day of each month. C. To maintain an accurate inventory of capital equipment purchased with Section 5307 funds: As the designated recipient of Section 5307 funds, the County will take title to all rolling stock and other capital items purchased with Section 5307 grant funds. Consistent with its approved procedures, the County will tag all capital assets and add each asset to its fixed assets inventory records. These records will be maintained and updated as necessary. An inventory of all SRA Section 5307 capital purchases will be conducted at least biennially. d. To perform regular vehicle maintenance on SRA vehicles: The County will perform all preventive maintenance as scheduled and in conformance with the Indian River County Transit Vehicle and Accessibility Feature maintenance plan. e. To provide assistance to and oversight of SRA's transit activities: The County will meet with the SRA on a quarterly basis to discuss transit system operations issues, including system performance, status of Section 5307 and PTBG funds utilization, other budget matters, federal requirements, routes, ridership, problems, opportunities, and other issues. Meetings will be held on the last Wednesday in the months of January, April, July and October. Besides Indian River County Mass Transit Service Agreement Page 2 25 attending quarterly meetings, County staff will be available to assist the SRA with any transit planning,budget, grant administration, or other issues. The County will oversee the SRA's mass transit program as specified in this agreement and as otherwise necessary to ensure that the SRA complies with all federal, state, and local requirements in its provision of mass transit service to Indian River County. The County will be responsible for verbal and written correspondence with the Federal Transit Administration on all matters relating to the Section 5307 grant program. f. To staff the Indian River County Transportation Disadvantaged Local Coordinating Board (TDLCB): The County hereby establishes the TDLCB as the formal advisory board for mass transit operations in the county. The County agrees to staff the TDLCB and expeditiously present SRA matters, including transit route or schedule changes, to the TDLCB for consideration. V. The responsibilities of the SRA are: a. To provide mass transit service as identified in the County's adopted Transit Development Plan: The SRA shall provide fixed route/dial-a-ride mass transit service in accordance `'*mow with the route structure, fare structure, and schedule identified in the County's adopted Transit Development Plan (TDP). The SRA agrees to maintain the approved route structure, fare structure, and schedule unless the route or fare structure or schedule has been changed by amendment of the TDP after consideration at a public meeting. Any SRA proposals to change its route structure, fare structure, or schedule will be implemented in accordance with the County's public comment procedures regarding transit fare and service changes. The SRA will maintain a record of all public comment and a record of all responses to public comments regarding proposed route, fare, or schedule changes. b. To invoice the County monthly for mass transit costs incurred: The SRA shall provide (within 14 days after the end of the month) monthly invoices to the County detailing actual expenses for the prior month as compared to the draw received for that month. Subsequent monthly draws will be adjusted as needed to reconcile the actual expended amounts. The invoice form used by the SRA shall be approved by the County, and shall separately list invoice amounts for county funding, state funding, and federal funding. Indian River County Mass Transit Service Agreement Page 3 26 C. To provide the CogRty with quarterly performance and financial information: The SRA transportation coordinator will attend four (4) quarterly meetings with the County as referenced in IV (e) of this agreement. At least one week prior to each quarterly meeting, the SRA will provide the County with a quarterly progress report and a financial status report for the just completed quarter. The quarterly progress report shall include a description of the status of each activity line item contained in each active Section 5307 grant, including the major milestones required by FTA for each activity line item. The financial status report shall summarize all financial activity associated with each active Section 5307 grant for the just completed quarter. This report shall also include the SRA's invoice for the current period. d. To close out any active Section 5307 and PTBG grants within the timeframes required for each grant: The SRA will ensure that all Section 5307 grant funds will be expended within three fiscal years of FTA approval of the grant. The SRA will also ensure that all PTBG funds will be expended within one fiscal year of FDOT execution of the Joint Participation Agreement for PTBG funds. e. To provide the County with annual budget requests: In July of each year, the SRA will provide the County with estimates of needed capital and operating funds for the next fiscal year. These estimates shall be based on the adopted TDP and the Indian River County MPO's adopted Transportation Improvement Program. f. To follow all applicable FTA Section 5307 transit program requirements: The SRA shall adhere to all FTA requirements pertaining to the Section 5307 transit program included in the list of Certifications and Assurances, the Master Agreement, the Federal Register, and in other FTA correspondence. Specifically, the SBA's responsibilities are: 1. To follow all applicable procurement requirements: The SRA shall adhere to all FTA and County procedures in procuring all goods and services with Section 5307 grant funds. In procuring rolling stock,the SRA agrees to utilize the state contract when possible. For state contract purchases, the SRA will ensure that Buy America, pre-award, post-delivery, and other applicable FTA requirements are met. The SRA shall not expend Section 5307 funds on any item unless that item is included in the County's approved Section 5307 grant. The SRA shall obtain written approval from the County prior to making any capital purchase. Page 4 Indian River County Mass Transit Service Agreement 27 2. To comply with all Drug and Alcohol Program Requirements: The SRA will maintain a drug-free workplace and shall administer a drug and alcohol program that complies with all applicable FTA requirements, including the provisions of 49 CFR Parts 653 and 654. This will involve conducting drug/alcohol training and testing, conducting blind performance testing, submitting an annual certificate of compliance, filing MIS forms annually, and maintaining drug test confidentiality. 3. To comply with all ADA requirements: The SRA will ensure that all service personnel receive periodic ADA training that incorporates the seven ADA service provisions. The SRA will provide reasonable accommodations as defined by the ADA to all transit patrons requiring special accommodations and will ensure that its facilities and vehicles are ADA accessible. The SRA will also maintain and adhere to its adopted ADA complaint procedures. 4. To solicit public comment on fare and service changes: The SRA will present any proposed fare and service changes at a public hearing prior to adoption. Comments received during the public hearing must be considered by the SRA in the implementation of fare and service changes,particularly fare increases and service reductions. 5. To collect compile and resort National Transit Database Information: The SRA will collect, compile, and report applicable system information as required under 49 USC, Section 5335(a). This information will be reported in the format and time frame required. At least one week prior to submitting National Transit Database information, the SRA shall submit a copy of that information for the County to review. 6. To comply with all FTA Civil Rights Requirements: The SRA will update its DBE goals on an annual basis or as required by FTA. The SRA will maintain its Title VI program, comply with DBE requirements in hiring and procurement, and file all DBE reports on time. Indian River County Mass Transit Service Agreement Page 5 28 In witness of the foregoing, the parties have read this Agreement and have affixed their signatures, effective on the date first appearing above: ATTEST: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: BY: Chairman Approved as to Form and Legal Sufficiency for County: Ian S. Polackwich, Sr. - - �� County Attorney ATTEST: INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION,INC. BY: BY: President, Board of Directors FACommunity Development\Users\MPO\Admin\Agreements\TRANSIT\2013\Agreement for Mass Transit Service.doc Indian River County Mass Transit Service Agreement Page 6 29 F7CONSENT INDIAN RIVER COUNTY, FLORIDA Ze MEMORANDUM " TO: Honorable Board of Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director of Emergency Services t FROM: Brian Burkeen, Assistant Chief DATE: February 4, 2013 SUBJECT: Frequency Relocation Agreement with AT&T It is respectfully requested that the information contained herein be given formal consideration by the Board of Commissioners. DESCRIPTION AND CONDITIONS: On December 11, 2012, the BCC approved a replacement communication microwave through a cooperative effort with AT&T. The project is ready to move forward and requires the BCC to execute the attached Frequency Relocation Agreement. The referenced county microwave is approximately 25 years old and is nearing end of service life. AT&T commits to coordinating their efforts with the county's communications vendor to ensure this project does not disrupt the daily radio services. AT&T further commits to the county completing an acceptance test of the new installation before the county surrenders our existing license. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends the BCC approve and execute the attached Frequency Relocation Agreement with AT&T. ATTACHMENTS: Frequency Relocation Agreement Copy on file in the Board of County Commission Office 30 APPROVED FOR AGENDA Vnd'anRvLrC.11A v Date Legal FOR• February 12,2013 '6 BYEL Jo ph A. Baird County Administrator 31 FREQUENCY RELOCATION AGREEMENT (CASH) THIS FREQUENCY RELOCATION AGREEMENT (this "Agreement") is made as of the Effective Date by and between AT&T Mobility LLC ("AT&T MOBILITY"), a Delaware limited liability company, with offices located at 1057 Lenox Park Blvd NE, Atlanta, GA 30319-5309, and Indian River County, Florida, (the "Incumbent"), a political subdivision of the State of Florida, with offices located at 4225 43rd Avenue, Vero Beach, FL 32967. RECITALS: A. Incumbent presently is licensed to operate on the Licensed Frequencies within the 2110 to 2155 MHz band; B. The FCC has reallocated and auctioned the 2110 to 2155 MHz frequencies, including those used by Incumbent, from fixed microwave services to the Advanced Wireless Services ("AWS"); C. AT&T MOBILITY, or an Affiliate, is licensed by the FCC to operate AWS systems in the MIAMI-FORT LAUDERDALE, FL market (the "Market"), and desires that the Incumbent vacate the Licensed Frequencies and relocate its system to the Replacement System in order to avoid any potential interference between the Incumbent and AT&T MOBILITY's operations on or use of the Licensed Frequencies; �... D. AT&T MOBILITY and the Incumbent have voluntarily entered into negotiations in goo faith to reach an agreement as to the terms of the relocation; E. AT&T MOBILITY and Incumbent desire that the Incumbent cease use of its Microwave Operations to clear the Licensed Frequencies for use by AT&T MOBILITY on a primary basis, consistent with the FCC's grant of AWS licenses to AT&T MOBILITY pursuant to Public Notice DA 06-2408, dated November 29, 2006, and consistent with the relocation procedures set forth in Part 27 of the FCC's rules and the FCC's Ninth Report and Order in ET Docket No. 00-258; and F. Pursuant to the terms and conditions of this Agreement, the Incumbent will cease all of its operations on the Licensed Frequencies and forfeit,to the FCC, the Incumbent's license(s)to operate on such Licensed Frequencies. NOW,THEREFORE, in consideration of the mutual promises and covenants of the Parties contained herein, and for other valuable consideration,the receipt, sufficiency and adequacy of which are hereby acknowledged, the Parties intending to be legally bound hereby agree as follows: 1. Definitions. 1.1. "Affiliate", with respect to a Party,means any individual or entity that directly or indirectly controls, is controlled by, or is under common control with the Parry. 32 O 1.2. "Agent",means Communications International, 4450 US Highway 1, Vero Beach, FL 32967 Incumbent's authorized agent for receipt of the Compensation due hereunder for the Decommissioning of the Microwave Operations. 1.3. "Confidential Information" means any and all technical,business and financial information, in whatever form, furnished or disclosed by one Party to the other Party, including, but not limited to, information on the Licensed Frequencies, cost estimates, technical data, information and pricing. Confidential information shall also include all information concerning progress of the Parties' dealings, the Parties' positions in negotiations, and each Party's progress in fulfilling its obligations under this Agreement. 1.4. "Decommission","Decommissioned" or"Decommissioning" means that(i) Incumbent has removed, or caused the removal of, microwave equipment from its power source such that no radio frequency emissions are transmitted on the Licensed Frequencies; and(ii) Incumbent has provided to AT&T MOBILITY or its designee electronic or paper copies of the Form 601(s) filed with the FCC using the FCC's Universal Licensing System ("ULS") for deletion or modification of the Licensed Frequencies, together with proof of payment to the FCC for the applicable filing fee(s), if any. 1.5. "Effective Date"means the later of the dates that this Agreement is signed by the Parties, as shown on the signature line below. 1.6. "FCC" means the Federal Communications Commission. 1.7. "Licensed Frequencies" means the 2.1 GHz frequencies identified in the attached Exhibit A. 1.8. "Microwave Operations" means the microwave system currently operated by Incumbent on the Licensed Frequencies on the Paths. 1.9. "Parties" means both AT&T MOBILITY and Incumbent and"Party" means either AT&T MOBILITY or Incumbent. 1.10. "Path(s)"means any or all of the Incumbent's 2.1 GHz microwave links set forth in the attached Exhibit A. 1.11. "Primary" refers to the status of Incumbent's microwave licenses on the Licensed Frequencies and means that they were originally licensed to Incumbent (or Incumbent's predecessor in interest)by the FCC prior to June, 1992, properly recorded with the FCC as primary licenses and no major modifications have been made subsequent to such time that may have resulted in a reclassification of the license as a secondary license. 1.12. "Replacement System" means the system that replaces Incumbent's existing 2.1 GHz system on the Licensed Frequencies, as more fully described in the attached Exhibit B. 2. Decommissioning of the Licensed Frequencies. The Parties agree that Incumbent's Microwave Operations will be Decommissioned within ten (10) days of the Effective Date (the "Decommissioning Date"). 2 33 3. Compensation. As compensation to Incumbent for the execution, delivery and performance of this Agreement, AT&T MOBILITY shall pay to Incumbent's Agent, Communications NOW. International, an aggregate amount of Ninety Nine Thousand Seven Hundred and Seventy Two Dollars and Three Cents ($99,772.03) (the "Compensation"), payable as follows: 3.1. Nineteen Thousand Nine Hundred and Fifty Four Dollars and Forty One Cents ($19,954.41) Twenty percent (20%) of the Compensation due upon Incumbent's (i) cessation of Microwave Operations over the Licensed Frequencies, (ii) removal of the microwave equipment from its power source such that no radio frequency emissions are transmitted on the Licensed Frequencies, (iii) delivery of digital photographs to AT&T MOBILITY demonstrating that the microwave equipment has been removed from each site for each Path, and (iv) submission of receipts and/or other forms of proof of payment to AT&T MOBILITY in support of the third party costs and expenses incurred by Incumbent for the relocation of Incumbent's Microwave Operations to the Replacement System; and 3.2. Seventy Nine Thousand Eight Hundred and Seventeen Dollars and Sixty Two Cents ($79,817.62) Eighty percent (80%) of the Compensation due upon Incumbent's submission to AT&T MOBILITY or its designee of(i) electronic or paper copies of the FCC Form 601(s) filed with the FCC using the ULS for deletion or modification of the Licensed Frequencies, (ii) proof of payment to the FCC for the applicable filing fee(s), if any; and, (iii) a download, in pipe delimited format, of the applicable filing and license data as proof of acceptance by the FCC of the applicable filing for final cancellation of Incumbent's station authorizations. 3.3. AT&T MOBILITY shall pay the Compensation to Incumbent's Agent by checks sent via a means of delivery to be selected by AT&T MOBILITY, such payments to be made sixty (60) days after receipt of Incumbent's and/or Incumbent's Agent's invoice. The first invoice for payment shall be sent upon the Decommission Date; and, thereafter upon the completion of all Incumbent's obligations as set forth in Sections 3.2 above. Prior to any Compensation payments being made hereunder, Incumbent and Incumbent's Agent shall deliver to AT&T MOBILITY a completed IRS Form W-9, "Request for Taxpayer Identification Number and Certification" within ten (10) days of the Effective Date. The agreed upon Compensation represents the full and sole compensation owed by AT&T MOBILITY to Incumbent for all of its expenses associated with Decommissioning the Licensed Frequencies and establishing a Replacement System. 3.4 If Incumbent does not fulfill its obligations under Section 3.2 above by the Decommissioning Date, then in addition to other remedies available under this Agreement, or at law or in equity, AT&T MOBILITY may, at its option, recover up to ten percent (10%) of the Compensation due and owing hereunder by off-setting such amount against the final payment due in Section 3.2 above. 3.5 Incumbent, or Incumbent's Agent, shall send via standard mail to: AT&T Mobility P.O. Box 66786 Saint Louis MO 63166 3 34 3.6 Incumbent, or Incumbent's Agent, shall send all invoices with the Invoice Number and corresponding Purchase Order Number clearly marked on the invoice. 4. Removal Disposal and Replacement of Existing Equipment. 4.1. AT&T MOBILITY shall have no responsibility with regard to the removal and/or disposal of equipment utilized in connection with the Licensed Frequencies or with regard to any aspect of any Replacement System that Incumbent may install. Incumbent shall, at its sole expense, be responsible for purchasing or procuring all equipment and services necessary or appropriate in connection with the removal of its facilities used in connection with its Microwave Operations and the construction, if any, of substitute facilities, and assumes any and all liability thereof as the owner/operator of such Replacement System. 4.2. AT&T MOBILITY shall have no responsibility for the removal of any hazardous or toxic materials or the special treatment of any environmentally sensitive facilities resulting from the Decommissioning of the Licensed Frequencies and the installation of the Replacement System, and Incumbent shall be solely responsible for the management and costs associated therewith. 5. Incumbent Performance. Incumbent shall take, or cause to be taken, all of the necessary and proper acts to Decommission the Licensed Frequencies on or before the Decommissioning Date, including, without limitation, the following: 5.1 Obtain or secure all necessary governmental and third party permits, authorizations, inspections, licenses and consents, including frequency coordination, if necessary. 5.2 Oversee, coordinate and manage the relocation process and construction, if necessary, of a Replacement System, including engaging and paying all agents, contractors or subcontractors. 5.3 Manage the termination of power on the 2.1 GHz equipment utilized in the Microwave Operations on the Paths. 5.4 Provide all necessary technical and engineering support for the Microwave Operations or Replacement System. 5.5 Remove and/or dispose of equipment utilized in Incumbent's existing Microwave Operations or with regard to any aspect of any Replacement System that Incumbent may install. 5.6 Electronically file utilizing the ULS the 601(s) canceling Incumbent's authorization(s) to conduct Microwave Operations on the Paths identified in the attached Exhibit A. 5.7 At least 10 days prior to the Decommissioning Date, Incumbent shall notify AT&T ZD MOBILITY in writing that it expects to satisfy its Decommissioning obligations by the Decommissioning Date. If Incumbent fails to provide such notice, AT&T MOBILITY 4` shall have the right to inquire of Incumbent as to the status of the Decommissioning of 4 35 Incumbent's Microwave Operations. If Incumbent fails to respond within 5 business days of such inquiry, or if Incumbent advises AT&T MOBILITY of its inability to satisfy any `` of its Decommissioning obligations, AT&T MOBILITY may take such action and incur such costs as may be reasonably necessary to ensure that the Decommissioning of the Microwave Operations occurs by the Decommission Date. In such event, Incumbent shall provide AT&T MOBILITY with a copy of its written engineering plan to Decommission its Microwave Operations and, AT&T MOBILITY shall be entitled to an offset of such costs against its payment obligations to the Incumbent pursuant to this Agreement. 6. Covenants of Incumbent 6.1 During the course of this Agreement, Incumbent agrees that it will: (i) not create or permit to be created any encumbrance on the operations on the Licensed Frequencies without the prior written consent of AT&T MOBILITY; (ii) not enter into or become bound by any agreement under which Incumbent's rights to the operations on the Licensed Frequencies would be altered without the prior written consent of AT&T MOBILITY; (iii) take all necessary action, or refrain from taking action,to ensure that any of the representations and warranties of Incumbent contained herein will be true and correct in all material respects during the course of this Agreement and on the Decommissioning Date; and(iv)take all steps as are set forth in Section 5 hereof. 6.2 Incumbent hereby acknowledges that other AWS Licensees may be benefited by this Agreement and the consummation by AT&T MOBILITY of the transaction contemplated •... herein. Pursuant to FCC rules and policies, such other AWS Licensees may bear some of the obligations undertaken by AT&T MOBILITY pursuant to this Agreement. Therefore, Incumbent shall convey to AT&T MOBILITY, on the Decommissioning Date, all of Incumbent's rights, as Primary or co-Primary licensee with respect to the Licensed Frequencies,to protection from interference on the Licensed Frequencies (the "Interference Rights")to the extent permitted by FCC rules and policies and in order to allow AT&T MOBILITY to obtain the participation of such other AWS Licensees in a cost sharing arrangement. 6.3 Incumbent agrees, at AT&T MOBILITY's request, to make reasonable efforts to provide cost-sharing information (as described in Section 36 below) to AT&T MOBILITY, if such information exists and is in Incumbent's possession, or if such information is required by AT&T MOBILITY: (i) to comply with FCC and FCC- established clearinghouse rules and procedures, or(ii) to obtain reimbursement through a private cost sharing plan with other AWS Licensees benefiting from the relocation. 7. Decommissioning and Interference. Incumbent agrees that under no circumstances shall Incumbent recommission, reapply power or put the removed equipment back in service, subsequent to the Decommissioning Date. Subsequent to such date, regardless of whether Incumbent has completed its transition to a Replacement System, Incumbent (i) acknowledges and accepts interference to its Microwave Operations on the Licensed Frequencies from AT&T MOBILITY's operations in the Market and (ii) will not cause interference to AT&T MOBILITY's operations on the Licensed Frequencies in the Market. Until the Decommissioning Date, AT&T MOBILITY agrees to comply with the FCC's policies and ZD5 36 rules governing prior coordination and the prevention of interference to Incumbent's Microwave Operations. 8. Representations and Warranties of Incumbent. Incumbent makes the following representations and warranties to AT&T MOBILITY: 8.1 Incumbent is duly organized and validly existing in the jurisdiction of its organization, is duly qualified to do business in the State(s) in which the Microwave Operations are located, and has all the necessary power and authority to execute and deliver this Agreement and perform its obligations hereunder. Further, Incumbent warrants that the individual signing below on its behalf is expressly and duly authorized by Incumbent to execute this Agreement and to legally bind Incumbent as set forth herein. 8.2 Incumbent's execution, delivery and performance of this Agreement does not conflict with any law,regulation, order, license, contract or instrument to which Incumbent is subject or by which Incumbent is bound. Additionally, Incumbent's authorization to have AT&T MOBILITY pay the Compensation directly to Incumbent's Agent, Communications International, does not conflict with any law, regulation, order, license, contract or instrument to which Incumbent is subject or by which Incumbent is bound. 8.3 This Agreement constitutes a valid and binding Agreement of Incumbent, enforceable in accordance with its terms. 8.4 The information provided on Exhibit A of this Agreement and all other information regarding Incumbent and the Microwave Operations provided to AT&T MOBILITY by Incumbent in connection with this Agreement is true, complete and accurate. 8.5 Incumbent is in material compliance with all FCC rules and regulations relating to the Microwave Operations. Any failure of compliance will not adversely affect Incumbent's status as an FCC licensee, or the use of the Licensed Spectrum by AT&T MOBILITY following the consummation of the transactions contemplated hereby. 8.6 Incumbent's Microwave Operations are fully operational on the date of execution of this Agreement. Incumbent is the authorized legal holder of all necessary FCC authorizations for the Licensed Frequencies, and such authorizations are in Primary status. Such FCC authorizations are in full force and effect, and have not been assigned, suspended or revoked. There is not now pending or threatened by any entity or person, including the FCC or any other governmental authority or agency, any application, petition, objection, pleading or other claim or filing which questions the validity or the authorization of the Licensed Frequencies or would interfere with Incumbent's ability to perform its obligations under this Agreement. To the extent that Incumbent has made or has pending any application,petition or filing which would interfere with Incumbent's ability to perform its obligations under this Agreement, Incumbent shall, within 10 business days following the Effective Date, withdraw any such application,petition or filing and provide evidence thereof to AT&T MOBILITY or its designee. Incumbent has delivered to AT&T MOBILITY true and complete copies of all FCC authorizations, including any and all additions, amendments and other modifications thereto. 6 37 8.7 No agreements, leases, rental arrangements, licenses,or permits, whether written or oral, express or implied, relating to the Microwave Operations, that would adversely affect Incumbent's ability to perform any of its obligations under this Agreement, are in existence. 8.8 No consent, approval, authorization, order of, or registration, qualification, or filing with the FCC or any other regulatory agency, court or other governmental entity is required for Incumbent's execution, delivery and performance of this Agreement, other than such consents, approvals, authorizations, orders, registrations, qualifications or filings contemplated in connection with the Decommissioning of the Licensed Frequencies. No consent of any other party is required for Incumbent's execution, delivery and performance of this Agreement. 8.9 Incumbent has not received or entered into a contract to receive, nor shall it enter into a contract to receive, from a party other than AT&T MOBILITY, any payment or reimbursement for the relocation of its Microwave Operations on the Licensed Frequencies. 9. Representations and Warranties of AT&T MOBILITY. AT&T MOBILITY makes the following representations and warranties to Incumbent: 9.1 AT&T MOBILITY is duly organized and validly existing in the jurisdiction of its organization and has all the necessary power and authority to execute, deliver and perform its obligations contemplated by this Agreement. r..- 9.2 The execution, delivery and performance by AT&T MOBILITY of this Agreement does not conflict with any law, regulation, order, contract or instrument to which AT&T MOBILITY is subject or by which AT&T MOBILITY is bound. 9.3 This Agreement constitutes a valid and binding agreement of AT&T MOBILITY, enforceable in accordance with its terms. 10. Indemnification by Incumbent. To the extent allowed by law and without waiver of its sovereign immunity, Incumbent agrees to indemnify, defend and hold harmless AT&T MOBILITY, its members, owners, officers, directors, and stockholders, and its and their agents, representatives, designees, affiliates, employees and respective successors or assigns (the "AT&T MOBILITY Indemnitees"), from and against, and shall reimburse the AT&T MOBILITY Indemnitees on written demand for, any and all liabilities, losses, damages, claims, demands, actions,costs and expenses (including without limitation, court costs and reasonable attorneys' fees)of any kind or nature (the "Liabilities"),that such AT&T MOBILITY Indemnitees may suffer, sustain, incur, pay or expend by reason of, or as a result, of any and all claims, losses, penalties, forfeitures, damages,judgments, causes of action, suits and liabilities arising out of or related to (a)the breach by Incumbent of any of the terms and conditions of this Agreement, (b) each and every breach or default of, or inaccuracy or omission in any representations,warranties or covenants of Incumbent contained herein, (c) any negligent or willful act, or failure to act,by Incumbent,its owners, officers, directors, agents, representatives, designees or affiliates, in the performance of its obligations under this Agreement, (d) the ownership or operation of the facilities or equipment included with or among the Microwave Operations, whether before or 7 38 after the Decommissioning Date, (e)the ownership or operation of the Licensed Frequencies prior to the Decommissioning Date, and (f) any matter related to any aspect of the design, construction, installation, operation, or maintenance of any Replacement System. Subject to the limitations set forth in Section 13 of this Agreement, such Liabilities shall include,but not be limited to,those which are attributable to personal injury, sickness, disease or death; and/or from injury to or destruction of real or personal property including loss of use thereof, theft,misuse or misappropriation. 11. Indemnification by AT&T MOBILITY. AT&T MOBILITY agrees to indemnify, defend and save harmless Incumbent, its owners, officers, directors, stockholders, agents, representatives, designees, affiliates, employees and their respective successors or assigns (the"Incumbent Indemnitees"), from and against, and shall reimburse the Incumbent Indemnitees on written demand for, any and all Liabilities that such Incumbent Indemnitees may suffer, sustain,incur, pay or expend by reason of or as a result of any and all claims, losses, penalties, forfeitures, damages,judgments,causes of action, suits and liabilities arising out of or related to (a)the breach by AT&T MOBILITY of any of the terms and conditions of this Agreement, (b) each and every breach or default of, or inaccuracy or omission in any representations, warranties or covenants of AT&T MOBILITY contained herein, (c) the ownership or operation of the Licensed Frequencies following the Decommissioning Date, and (d) any negligent or willful act or failure to act by AT&T MOBILITY, its members, owners, officers, directors, and stockholders, and its and their agents, representatives, designees or affiliates in the performance of its obligations under this Agreement. Subject to the limitations set forth in Section 13 of this Agreement, such Liabilities shall include,but not be limited to, those which are attributable to personal injury, sickness, disease or death; and/or from injury to or destruction of real or personal property including loss of use thereof, theft, misuse or misappropriation. 12. Claims for Indemnification. Where indemnification is sought by a Party (the "Claiming Party"), (a) it shall notify the other Party (the "Indemnifying Party")promptly of any claim or litigation or threatened claim to which the indemnification relates; (b) upon the Indemnifying Party's written acknowledgment of its obligation to indemnify in such instance, in form and substance satisfactory to the Claiming Party, the Claiming Party shall afford the Indemnifying Party an opportunity to participate in and, at the option and expense of the Indemnifying Party, control, compromise, settle, defend or otherwise resolve the claim or litigation (and the Claiming Party shall not effect any such compromise or settlement without prior consent of the Indemnifying Party); and (c)the Claiming Party shall reasonably cooperate with the Indemnifying Party at no cost to itself in any compromise, settlement, defense or resolution of such claim or litigation. In the event that the Indemnifying Party does not so acknowledge its indemnification responsibility, the Claiming Party may proceed directly to compromise, settle, defend or resolve such claim, and at any time may enforce its indemnification rights. 13. Limitation of Liability. EXCEPT FOR BOTH PARTIES' OBLIGATIONS OF INDEMNIFICATION (IN SECTIONS 10 AND 11 ABOVE),AND CONFIDENITIALIY (IN SECTION 18 BELOW),BOTH PARTIES AGREE THAT NEITHER PARTY, ITS MEMBERS, OWNERS, OFFICERS,DIRECTORS, STOCKHOLDERS, NOR ITS OR THEIR AGENTS, REPRESENTATIVES, DESIGNEES,AFFILIATES AND EMPLOYEES AND ITS OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR 8 39 INTERRUPTION TO EITHER PARTY'S BUSINESS, OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO ACTIONS TAKEN OR OMISSIONS OF SUCH PARTY IN CONNECTION WITH THIS AGREEMENT,EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 14. Termination. 14.1 Either Party may terminate this Agreement upon 30 days written notice if the other Party materially breaches any term or condition of this Agreement, provided that the breaching Party has not cured the breach within such 30 day period. 14.2 Upon written notice to Incumbent, AT&T MOBILITY may suspend for no longer than 180 days, or terminate this Agreement, upon the entry of an order of the FCC resulting in AT&T MOBILITY's loss of or substantial modification of its authority to construct or operate its system within the Market. In order to suspend this Agreement, AT&T MOBILITY shall provide written notice to Incumbent to cease the Decommissioning of the facilities and the Decommission Date shall be tolled for the duration of the suspension. 14.3 Upon written notice to Incumbent, AT&T MOBILITY may terminate this Agreement if there is a material change in the FCC rules or regulations governing microwave relocation or the issuance of a court order affecting microwave relocation. 15. Release. Performance by AT&T MOBILITY of its obligations under this Agreement shall constitute full and complete satisfaction of any and all obligations and liabilities of AT&T MOBILITY to Incumbent regarding the Decommissioning of the Licensed Frequencies. Provided that AT&T MOBILITY has performed its obligations hereunder, Incumbent hereby releases AT&T MOBILITY from any further obligation, claim, or liability relating to or arising from the operation or relinquishment of the Licensed Frequencies, with the exception of the obligations arising under Section 17 and Section 18 of this Agreement. 16. Notices. Notices to the Parties concerning this Agreement shall be effective upon receipt and only when in writing and delivered personally, or mailed by registered or certified mail, return receipt requested, or by overnight courier delivery, addressed to the authorized representative or corporate officer of the other Party. Notices shall be sent as follows: If to AT&T MOBILITY: With a copy to: AT&T Services, Inc. AT&T Network Counsel 1057 Lenox Park Blvd, NE P.O. Box 97061 Atlanta, GA 30319-5309 Redmond, WA 98073-9761 Attn: Cathy Addison If to INDIAN RIVER COUNTY: With a copy to: 9 40 _Communications h-iternational_ _4450 US Highway 1 _Vero Beach, FL 32967 Attn: Attn: _Steve Fisher Email: Email:—sfisher@ask4cii.com Phone: Phone:_772-978-4105 A Party may change its notice address hereunder by providing thirty (30) days advance notice to the other in accordance with this Section. 17. Publicity. Any claim by either Party for the protection of certain documents or information relating to the subject of this Agreement from disclosure and the associated actions of the Party receiving the claim shall conform to the Florida Public Records Act, Fla. Stat. § 119.01 through § 119.15. Subject to the foregoing, no information relative to this Agreement or the execution thereof shall be released by either Party for publication, advertising or for any other purpose without the prior written approval of the other Party. 18. Confidentiality. Except as otherwise provided in this Section, the Parties agree that all Confidential Information shall be kept in confidence and shall not, without the prior written consent of the disclosing Party,be disclosed by the receiving Party in any manner whatsoever, in whole or in part, and that the receiving Party shall use the Confidential Information disclosed to the receiving Party solely for the purposes of this Agreement unless otherwise specifically authorized in writing by the disclosing Party, or specifically required by an order of a regulatory agency or court of competent jurisdiction, in which case the receiving Party shall first notify the w disclosing Party in writing of the order and permit the disclosing Party to seek an appropriate protective order. Neither Party shall disclose the terms and conditions of this Agreement, except that AT&T MOBILITY may disclose the relevant terms and conditions to other AWS Licensees for cost sharing purposes. Notwithstanding the foregoing, a receiving Party may disclose Confidential Information to its employees, attorneys, agents, parent corporation, partnership or member organization and its and their employees, agents and representatives,provided such disclosure is made only to those persons with a legitimate need to know such Confidential Information for purposes consistent with this Agreement. 19. Incumbent Control. Until the Decommissioning Date, nothing in the Agreement is intended or shall be construed to grant control of the Microwave Operations to AT&T MOBILITY or to otherwise prevent Incumbent from exercising its duties and obligations as an FCC licensee. 20. Future Claims by Incumbent. Incumbent acknowledges that the Decommissioning of the Licensed Frequencies has been fully and fairly negotiated in good faith by Incumbent and AT&T MOBILITY, and agrees not to commence any proceeding, claim, suit,request or other legal or equitable challenge before any governmental agency, including the FCC, or court to (i)reclaim or seek to use the frequencies listed on Exhibit A, (ii) avoid or negate this Agreement or (iii) seek additional consideration, facilities, or frequencies from or seek to share the frequencies listed on Exhibit A with AT&T MOBILITY or other AWS Licensees. 21. Specific Performance. Incumbent acknowledges that the performance of its obligations under this Agreement is special, unique and extraordinary in character, and that in the event of a breach by Incumbent, AT&T MOBILITY shall be entitled, in addition to any other remedies to which it 10 41 is entitled, to seek specific performance by Incumbent. Incumbent hereby waives its defense that an adequate remedy at law exists. 22. Modifications. Except as otherwise provided in this Agreement, no changes, modifications or amendments of any of the provisions of this Agreement shall be valid unless agreed to in writing and signed by the Parties. 23. Severability. In the event that any provision, or any part or portion of any provision of this Agreement shall become or be declared unlawful, invalid, void or otherwise unenforceable, the remainder of this Agreement shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 24. Survival. Neither completion of performance nor any termination or cancellation of this Agreement shall be deemed to relieve either Party of any obligations hereunder that by their nature survive completion of performance, including but not limited to, all confidentiality obligations. 25. Successors and Assigns. This Agreement shall be binding on the Parties and their successors and assigns. Except as otherwise provided in this Agreement, neither Party may assign its rights nor delegate its obligations hereunder without the express written consent of the other Party (which shall not be unreasonably withheld), except that AT&T MOBILITY may assign its rights and delegate its obligations under this Agreement to an affiliate. 26. Third PartyRights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Parties and their successors and assigns. 27. Non-Waiver of Rights. The failure of either Party to demand strict performance of the terms of, or to exercise any right conferred in this Agreement shall not be construed as a waiver or relinquishment of its right to assert or rely upon any such term or right in the future, or consent to any continuing or subsequent failure or breach. 28. Not a Joint Venture. This Agreement.does not and shall not be construed to establish a partnership,joint venture or other form of business arrangement between AT&T MOBILITY and Incumbent. 29. Jointly Drafted. This Agreement shall be deemed to have been drafted by both Parties and, in the event of a dispute, shall not be construed against either Party. 30. Compliance with Laws. Each Party shall comply with all federal, state and local laws,rules, regulations and ordinances applicable to its performance hereunder. 31. Governing Law. The validity and construction of this Agreement shall be governed by the laws of the State of Florida, and jurisdiction of any dispute shall be in the Circuit Court of Indian River County, in case of federal jurisdiction the Southern District Court of Florida. 32. INTENTIONALLY LEFT BLANK 11 42 33. Approvals. Incumbent shall be responsible for obtaining any permit, consent, approval, authorization, registration, or making any filing with any third party, governmental or regulatory authority or agency which is required in connection with the execution, delivery and performance of this Agreement. 34. Fees and Expenses. 34.1 The prevailing Party in any action or proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorney's fees and other reasonable enforcement costs and expenses from the non-prevailing Party. 34.2 Expenses and costs incurred in connection with the preparation of this Agreement, preparing and prosecuting any applications for governmental authorizations or approvals and all other expenses, except as provided herein, shall be borne solely by the Party who incurred such expenses and the other Party shall have no liability with respect thereto. 35. Fines. Any fines or other penalties incurred by either Party or its agents, employees or subcontractors for such Party's noncompliance with any laws, rules, regulations or ordinances shall not be reimbursed by the other Party but shall be the sole responsibility of the Party incurring such fines or penalties. 36. Further Documents and Information. At AT&T MOBILITY's request, Incumbent will provide AT&T MOBILITY with any documentation or information in its possession necessary for AT&T MOBILITY to obtain the participation of other licensees in a cost sharing arrangement including but not limited to information on the existing microwave system currently operated on the Licensed Frequencies such as information on the microwave radios (manufacturer, model number, and type), multiplex equipment (manufacturer, model number, quantity), antennas and waveguide (model number, type, length), pressurization equipment, and towers. Incumbent, at AT&T MOBILITY's request shall provide to AT&T MOBILITY information required by AT&T MOBILITY to comply with FCC and FCC-established clearinghouse rules and regulations. Each party shall, from time to time and as requested by the other, execute any documents reasonably necessary to effectuate the provisions of this Agreement. 37. Headings. Any headings contained herein are inserted for convenience and shall have no effect on interpretation or construction of this Agreement. 38. Counterparts. This Agreement may be signed in counterparts, each of which is an original for all purposes but all of which taken together constitute only one instrument. 39. Time of Essence. Time of performance is of the essence in this Agreement and a substantial and material term hereof. 40. Entirety. This Agreement and the Exhibits hereto constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreement or understanding, written or verbal, between the Parties. Incumbent agrees that no representation of any negotiator, engineer, officer or employee of AT&T MOBILITY or its designee or any contractor or vendor engaged by AT&T MOBILITY or its designee shall .. operate to vary the written terms hereof. No prior course of dealing, usage of trade or course of 12 43 performance shall be used to supplement or explain any term, condition or instruction used in this Agreement, nor be deemed to effect any amendment. IN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have executed this Agreement effective as of the Effective Date. INDIAN RIVER COUNTY AT&T MOBILITY LLC By. By. Print Name—Joseph E. Flescher Print Name: Title: Chairman Title: '0i&6Fw_—&- wAA? Dated: Dated: /��' Attest: Jeffrey R. Smith, Clerk of APPROVED Court and Comptroller By: Deputy Clerk ounty Ministrator APPROVED AS TO JORIM- AND L L S FE1 1 rl BY )kILLIAR K.DEBRAAL DEPUTY COUNTY ATTORNEY 13 44 EXHIBIT A TO FREQUENCY RELOCATION AGREEMENT BETWEEN AT&T MOBILITY AND INCUMBENT Path to be Relocated Path No. Call Sign Site 1 Freq. 1 Call Sign Site 2 Freq. 2 1 2 220008980 WNET232 4055 41ST 21232.4 WNES620 HOBART 2182.4 AV PARK 45 EXHIBIT B TO FREQUENCY RELOCATION AGREEMENT BETWEEN AT&T MOBILITY AND INCUMBENT Replacement System Bill of Materials and Costs 46 • INDIAN RIVER COUNTY, FLORIDA 9F MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine , SUBJECT: Award of Bid - Indian River County Shooting Range Safety Baffle Replacement IRC Project No. 1303 Bid No. 2013018 DATE: January 23, 2013 DESCRIPTION AND CONDITIONS On November 6, 2012,the Board of County Commissioners authorized bidding the replacement of safety baffles at the pistol range at Indian River County Shooting Range. The Board also authorized bidding of major repairs to two safety baffles at the rifle range,however,a thorough design of the required repairs was considered necessary and the repairs to the baffles at the rifle range have been postponed until design of the repairs has been completed. The bid opening for the project was held on January 16,2013. Four(4) bids were received and opened. The bids were lump sum for the replacement of the baffles at the pistol range and the totals are as follows: Summit Construction of Vero Beach, LLC Vero Beach $42,240.00 AWM Construction Fort Pierce $50,502.00 AAC Commercial Building Corporation Vero Beach $60,375.00 (dba Huryn Justice General Contractors) Timothy Rose Contracting, inc. Vero Beach $82,136.00 Summit Construction of Vero Beach,LLC is considered to be the lowest,responsive, responsible bidder for the project with a bid totaling$42,240.00. Summit Construction of Vero Beach, LLC has performed similar construction projects in the County, and for Indian River County. Their work has consistently been performed in a satisfactory manner. FUNDING Funding is budgeted and available from MSTLI/Shooting Range/Other Contractual Services— Account No. 00416172-033490 47 j Page 2 Award of Bid —IRC Shooting Range Safety Baffle Replacement For February 12, 2013 BCG Meeting RECOMMENDATION Staff recommends awarding the bid to Summit Construction of Vero Beach, LLC in the amount of$42,240.00 as the lowest, responsive bidder meeting the specifications as set forth in the Invitation to Bid. Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Holden Kriss, IRC Shooting Range Manager William B. Schuh, Summit Construction of Vero Beach, LLC APPROVED AGENDA ITEM FOR February, 2013 By Indian River County Appro Date Administration AO '2 7 Budget Legal General services Public Works ,2.—/—13 Engineering !_Z Purchasing °Z F:\Public Works\ENGINEERING DIVISION PROJECTS\1303-IRC Shootiing Range Safety Baffle 4 AGREEMENT THIS AGREEMENT made and entered into this day of 20 by and between Summit Construction of Vero Beach, LLC hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER. WITNESSED: That whereas,the OWNER and the CONTRACTOR for the consideration hereinafter named,agree as set forth below: Article 1. SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid# 2013018 Indian River County Shooting Range Safety Baffle Replacement ; CONTRACTOR, as an independent CONTRACTOR and not as an employshall furnish,for the sum of Forty Two Thousand -Two Hundred Forty Dollars and Zero Cents ($ 742.,240 W�; ), all of the necessary labor, material,and equipment to perform the work describedm accorcjance with the Contract Documents. Article 2. TIME OF COMPLETION 7 Working Days from receipt of the Notice Rroceed� Article 3. GENERAL The CONTRACTOR hereby certifies thathiFa" d eveye of the Contract Documents and that he has made such examination of the location oftkje proposedliork as is necessary to understand fully the nature of the obligation herein made; and sl l cortriypxlete t' a the time limit specified herein in accordance with the plans and specifications:` x The OWNER and CONTRACTOR"Ag ee fid4na ntamtrecords,' invoices,and payments for the work.The CONTRACTOR shall provide Perform"". gawork iri"this Agreement. All work under this,° Tract shall be tot s fiction of the OWNER,who shall in all cases determine the amou �qi.. 'ty.fitness, " A ccepta r(ity of the several kinds of work and materials which are to be paid fo ere�liC 4.-- and s ecide all questions which may arise as to fulfillment of .. the Conti ci on the part"othe C T ° CTOIt;' nd his decision thereon shall be final and conclusive; and such determination and deciorr "cas requestion shall arise, shall be a condition precedent to the right of he CONTRACTOR t"Q e any money hereunder. rcR, la Any clause ores 4of"tFias corct or specification which may for any reason be declared invalid by a court of competent jurisdI mon, ifi'cI ding appeal, if any, may be eliminated therefrom; and the intent of portion thereof will remain in full force and effect as thou this Contract and the rema,�xt�l, g p h such invalid g clause or section has not en incorporated therein. Article 4. QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form. Article 5. ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof,that a lump sum payment request in the amount of such work shall be prepared by the ,„„ CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. 49 The final invoice shall be accompanied by a Certificate of Acceptance issued by the COUNTY ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract. In accordance with the Florida Prompt Payment Act, after receipt of the COUNTY ENGINEER'S final acceptance by the OWNER,the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6. THE CONTRACT DOCUMENTS The General Conditions,Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds, and the Drawings,together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7. VENUE This agreement shall be governed by the laws of the State of Florida Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the',U,nited States District Court for the Southern District of Florida. (Contractor) (Owner) Summit Construction of Vero Beach, LLC Indian River CounfY, Florida William B. Schuh, President Joseph E. Flescher, BCC Chairman Witnessed by: Approved by BCC Attest: APPROVED Jeffrey R.Smith, Clerk of Court and Comptroller By: Joseph ABaird, County AdmmDeputy Clerk Approved s to Form and Legai§efficiency BY County Attorney 50 • INDIAN RIVER COUNTY, FLORIDA FA 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 9�_ SUBJECT: South County Regional Park Multi-Purpose Fields IRC Project No. 1126 FPL Underground Easement DATE: January 29, 2013 DESCRIPTION AND CONDITIONS On December 18, 2012,the Board of County Commissioners approved the contract with Barth Construction, Inc.for construction of the South County Regional Park Multi-Purpose Fields. To establish new transformers to power the concession/restroom building, Musco Sports lighting and other facilities, FPL requires an Underground Easement for the service line to the new transformers and for the transformer pad area. FUNDING The cost for the FPL transformer is $4,500.71 and funding is available from Impact Fees/Parks/South County Park Multi-Purpose Fields-Account No. 10321072-066510-11006. RECOMMENDATION Staff recommends the Board approve the Underground Easement and authorize the Chairman to execute the same. ATTACHMENTS Indian River County Approv Date Underground Easement (Business) Administration -21,711,3 APPROVED AGENDA ITEM Budget 6 /3 Legal FOR February 12, 2013 Public Works B Engineering 51 Work Request No. 4570239 UNDERGROUND EASEMENT Sec.23,Twp 33 S. Rge 39 EBUSINESS This Instrument Prepar By Parcel Name: Christopher J.Kafer Co.Name: Indian River Countv I.D.33392300001010000001.0 Address: 1801 21" Street 14"WVlaintained by County Appraiser) Vero Beach,FL 32960 Form 3722(Stocked)Rev. 6/11 pg 1 of 1. The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees,'. agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above ground equipment) to be installed from time to time;with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement described as follows: Reserved for circuit court See Exhibit"A"("Easement Area") Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for FPL's communications purposes;the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on 20_. Signed, sealed and delivered in the presence of: Indian River County, a political subdivision of the State of on a (Witness Signature) '""'Print Name: By:(Witness) Joseph E. Flescher, Chairman, Indian Print Name: River County Commissioners Print Address: 19n1 27th StrPPt (Witness Signature) Vero Beach, FL 32960 Print Name: ATTEST: Jeffrey R. Smith , Clerk of Court and (witness) Comptroller BY: Deputy Clerk STATE OF AND COUNTY OF . The foregoing instrument was acknowledged before me this day of , 20_, by . the Of a who is personally known to me or has produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Notary Public,Signature Print Name APPROVED AS TO FORS? AND LEGAL SUFFICIEs { WILLIAI K.DEBRA?,'_ DEPUTY COUNTY ATTORNeY 52 LEGAL DESCRIPTION: A PORTION OF THOSE LANDS LYING IN TRACT 10, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS ALSO LYING WITHIN THE INDIAN RIVER COUNTY SOUTH COUNTY PARK PARCEL, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 10; THENCE RUN N00'16'40"E, ALONG THE EAST LINE OF SAID TRACT 10, A DISTANCE OF 39.99 FEET FOR A POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE RUN N89'32'17"W, 10 SOUTH OF AND PARALLEL TO THE PROPOSED FENCE LINE FOR THE MULTI—PURPOSE FIELDS AND THE EASTERLY ; PROJECTION THEREOF, A DISTANCE OF 440.90 FEET; THENCE RUN N00'00'00"E A DISTANCE OF 69.28 FEET; THENCE RUN a N90'00'00"E A DISTANCE OF 28.00 FEET; THENCE RUN S00'00'00"E A DISTANCE OF 30.00 FEET; THENCE RUN S90'00'00"W A DISTANCE OF 18.00 FEET; THENCE RUN SOO'00'00"E A DISTANCE OF 29.36 FEET TO A POINT ON SAID FENCE LINE; THENCE RUN S89'32'17"E, ALONG SAID FENCE LINE AND THE EASTERLY PROLONGATION THEREOF, A DISTANCE OF 420.95 FEET; THENCE RUN N00'16'40"E, 10 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID TRACT 10, A DISTANCE g OF 56.26 FEET; THENCE RUN S89'43'20"E A DISTANCE OF 10.00 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 10; THENCE RUN S00'16'40"W, ALONG SAID EAST LINE, A DISTANCE OF 66.29 FEET TO THE POINT OF BEGINNING. CONTAINING: 0.14 ACRES (6,105 SQUARE FEET), MORE OR LESS. ABBREVIATIONS AND SYMBOLS: SURVEYOR'S NOTES: = INDICATES A BREAK LINE 1. THE BEARINGS SHOWN HEREON ARE BASED UPON THE EAST LINE OF TRACT 10, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST; SAID LINE HAVING A GRID a€ (C)=CALCULATED COURSE AND/OR DISTANCE BEARING OF N00'16'40"E. (F)=FIELD MEASURED COURSE AND/OR DISTANCE F/L=FENCE LINE 2. THIS SKETCH OF DESCRIPTION MEETS AND EXCEEDS THE REQUIREMENTS PER P.I.D.=PARCEL IDENTIFICATION PER PROPERTY APPRAISER CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. P.O.B.=POINT OF BEGINNING P.O.C.=POINT OF COMMENCEMENT 3. THIS SKETCH WAS PREPARED WITH THE BENEFIT OF A BOUNDARY AND P.S.M.=PROFESSIONAL SURVEYOR AND MAPPER TOPOGRAPHIC SURVEY FOR SOUTH COUNTY PARK (PROJECT No. 8716), s SEC=SECTION—TOWNSHIP—RANGE PREPARED BY THE INDIAN] RIVER COUNTY SURVEY SECTION, ON THE DATE OF APRIL 19, 2007. THE POSITION OF THE EASEMENT WAS DETERMINED FROM AN AUTOCAD FILE TITLED "SOUTH COUNTY PARK FIELDS", PREPARED BY THE INDIAN RIVER COUNTY ROADWAY PRODUCTION SECTION. CERTIFICATION: RIVER ALL DISTANCES SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY FEET. SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE 5. THE ATTACHED SKETCH IS INTENDED TO BE DISPLAYED AT A SCALE OF 1"=60' 13 OR SMALLER. DAVID M. SILON, P S.M. DATE � FLORIDA REGISTRATION No. 6139 NOT COMPLETE WITHOUT SHEET 2 OF 2 INDIAN RIVER ASSISI-ANT COUNTY SURVEYOR NDIAN RIVER COUNTY ADMINISTRATION BUILDING �av� /ND/AN RIVER COUNTY DRAWN BY: SECTION 23 SKETCH AND DESCRIPTION SHEET 127tH STREET ® P010OHM801 of PublIC Woks APPROVED BY:9.SIL ON VERO BEACH, FL 32960 TOWNSHIP 33S. OF FLORIDA POWER AND LIGHT (772) 567-6000 "(pR,Op Engilleering Division D.SIL ON RANGE 39E. UTILITY EASEMENT of 2 W � � f NW PROPERTY NE PROPERTY CORNER _ _ _ _ _ _ _ _ _ - _ _ CORNER 1286.16' (F) - - - - - - - - - - 0 30 60 120 I I 10 � GRAPHIC SCALE I ( IN FEET ) INDIAN RIVER COUNTY I� R (SOUTH COUNTY PARK) o P.I.D. No. ;z b N9o•oo'oo"E 33-39-23-00001 -0100-00001 .0 s89.43'20"E w 28.00 10.00 S00.00'00"E w PROPOSED F/L & E'LY '0- 30.00 PROLONGATION 10 O 000 THEREOF FOR THE NOO'1 6'40"E 4 .`r O m S90.00'00"IN MULTI-PURPOSE FIELDS 56.26' CD O •o0 18.00 S89'32'1 7"E 420.95' O S00'00'00"E N89'32'1 7"W 440.90' 1 P.O.B. 1 29.36 I o rn " Inv TRACT 10 CO — TRACT 15 — z � P.O.C. SE CORNER OF TRACT vl 10, SEC 23-33-39 o QD , N 1285.84' (F) SW PROPERTY CORNER SE PROPERTY CORNER NOT COMPLETE WITHOUT SHEET 1 OF 2 NDIAN RIVER COUNTY ADMINISTRATION BUILDING WV DRAWN BY: SECTION Z3 SKETCH AND DESCR/PT/ON SHEET y /ND/AN R/VER COUNTY D.SIL ON 2 RO 27th STREET �Deoorlmeni of Pub//c Works. TOWNSHIP 33S OF FLOR/DA POWER AND LIGHT VERO BEACH, FL 32960 APPROVED BY: cil (772) s6�-8000 < ,OP Engineering Division ASIL ON RANGE 39E. UT/L/TY EASEMENT DF 2 .p CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA OFFICE OF MANAGEMENT AND BUDGET """ PURCHASING DIVISION DATE: February 5, 2013 TO: Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator Jason Brown, Director,Office of Ma agement and udg t Jerry Davis, Purchasing Manager FROM: Jennifer Hyde, Buy'9_u_� SUBJECT: Consideration of Hourly Rate Increase for Day Labor Services Bid 2012006 Public Works Department/Road and Bridge Division BACKGROUND INFORMATION: On behalf of the Road and Bridge Division, the Purchasing Division issued bid number 2012006 for an Annual Bid to establish firm fixed pricing for day laborers to be used on an as-needed basis as flaggers, to perform mowing, and for other general labor activities. '440- This annual bid was awarded by the BCC at the October 4, 2011 meeting to MDT Personnel, Clearwater, FL, with workers to be furnished by their Ft. Pierce location. The award was for the period October 4, 2011 through September 30, 2012 with renewal options for two (2) additional one (1) year periods. The hourly rate for the awarded bid was $10.45 per hour. The hourly rate of the second low bidder was $11.91 per hour. The hourly rate paid for day labor services for the three prior years was $11.15. Subsequent to award, MDT Personnel requested, and the Board authorized an increase in their hourly rate effective January 1, 2012 from $10.45 to $10.97 due to a minimum wage increase. Effective January 1, 2013, the minimum wage was increased from $7.67 to $7.79. As a result, MDT Personnel has requested another increase to their hourly rate from $10.97 to $11.09. The requested hourly rate is an increase of 1.09% over the current hourly rate. It is estimated that 24,925 man hours will be needed from February 1, 2013 to September 30, 2013. This will increase the estimated annual cost of these services to about $276,418.25 (a$2,991.00 increase). 55 CONSENT AGENDA ALTERNATIVES: 1. Reject the request for the hourly rate increase and rebid. 2. Accept the request for the hourly rate increase and authorize the Purchasing Manager to renew this bid for one (1) additional one (1) year period at the revised hourly rate, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. FUNDING: The requested additional funds are available in the Road and Bridge Division account 11121441-033490 for Other Contractual Services. RECOMMENDATION: Staff recommendation is to select Alternative 2, and authorize the Purchasing Division to issue blanket purchase orders at the new hourly rate for the period beginning the date of Board authorization through September 30, 2013 with MDT Personnel. ATTACHMENTS: MDT Personnel Email MDT Personnel Letter Road and Bridge Calculation Email APPROVED AGENDA ITEM: Indian River Co A r Date Admin te Legal 3 Budget `J By: ate seph Baird, County Administrator Department Manager 56 Jennifer Hyde F—m: Ft Pierce Branch 3035 [branch.3035@mdtpersonnel.com] Friday, January 18, 2013 3:01 PM Jennifer Hyde Subject: MDT Personnel Attachments: D00011813.pdf Jerry Davis/Jennifer Hyde Due to Florida's Minimum Wage increase as of January 1, 2013 MDT is requesting a rate increase. Accordingly we would like to amend the rate to reflect$11.09. Please call me with any questions. Thank you for all your help. Thank You Chris Edick Branch Manager Ft Pierce Branch 502 S. US HWY 1 Ft.Pierce, FL ne: (772)467-9993 `Im"x: (772)467-9983 OMOT Visit us on the web at www.mdtpersonnel.com 1 57 17757 U 19 N,SUitc 66 1 k O,G!r rGri 1-877-225-3263 January 10, 2013 Jerry Davis Purchasing Manger Indian River County General Services department-Purchasing Division 1800 27`x' Street Vero Beach,Florida 32960 RE: Indian River Bid No. 20122006 Contract Amendment Dear Mr Davis: '4"" Pursuant to Section 2C—Terms and Conditions of the above referenced Bid between Indian River County and MDT Personnel, LLC ("MDT"),MDT is requesting an amendment to the contract due to expire September 30, 2013. Due to Florida's Minimum Wage Increase effective January 1, 2013,MDT Personnel, is requesting a rate increase. Accordingly, MDT would like to amend the rate to reflect$11.09. All other terms and conditions of the original contract shall remain in full force during the effective period of this renewal. We look forward to continuing a successful partnership in the coming year and supporting your staffing needs. Respectfully, MDT O ,LL By. Dave Gerstner, P of Operations 58 Jennifer Hyde From: Susan Forsythe t: Tuesday, February 05, 2013 2:57 PM ,V"- Jennifer Hyde Subject: RE: Agenda- Hourly rate increase request FY13 It is estimated that 24,925 man hours will be needed from February 1, 2013 to September 30, 2013.This will increase the estimated annual cost of these services to about$276,418.25 (a $2,991.00 increase).The requested rate is available in the Road and Bridge Division account 11121441-033490 From: Jennifer Hyde Sent:Tuesday, February 05, 2013 2:47 PM To: Susan Forsythe Subject: RE: Agenda - Hourly rate increase request FY13 Which account should we reference at the end of the last sentence? From: Susan Forsythe Sent:Tuesday, February 05, 2013 1:50 PM To: Jennifer Hyde Cc: Terry Cook Subject: FW: Agenda - Hourly rate increase request FY13 estimated that 24,925 man hours will be needed from February 1, 2013 to September 30, 2013.This will increase tie estimated annual cost of these services to about$276,418.25 (a $2,991.00 increase).The requested rate is available in the Road and Bridge Division account 11121441-033490 Susan F From: Terry Cook Sent: Tuesday, February 05, 2013 1:42 PM To: Susan Forsythe Subject: FW: Agenda - Hourly rate increase request FY13 From: Jennifer Hyde Sent: Monday, January 28, 2013 3:37 PM To: Terry Cook Cc: Susan Forsythe Subject: Agenda - Hourly rate increase request FY13 1 59 `��vER CO INDIAN RIVER COUNTY k PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 180127" STREET ORISI VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: W. Keith McCully, P.E., Stormwater Engineer 0 SUBJECT: APPROVAL OF RELEASE OF RETAINAGE FOR TASKS 3.01 AND 4.01 OF WORK ORDER NO. L-1 AND TASK CO2-2 OF CHANGE ORDER NO. 2 WITH G.K. ENVIRONMENTAL, INC. for EGRET MARSH STORMWATER PARK r.... DATE: January 31, 2013 DESCRIPTION AND CONDITIONS On November 16, 2010, Indian River County approved Work Order No. L-1 with G.K. Environmental, Inc. (GKE) for completion of landscaping at Egret Marsh Regional Stormwater Park (Egret Marsh). The work order was necessary due to the County's termination of the original construction contract with H & D Construction Company, Inc. for breach of contract, and due to the performance bond company's failure to act to complete the project in a timely manner. This Agenda Item is a request to release retainage held through calendar year 2012 for three line items in GKE's Work Order No. L-1 and Change Order No. 2. All work related to the requested retainage release has been performed by GKE and accepted by the County. The retainage amount is $2,539.75. ANALYSIS Alternative Al —Approve the release of retainage requested in the attached invoice. Alternative A2 — Reject the release of retainage requested in the attached invoice. FAPublic Works\KeithM\Stonnwater Projects\Egret Marsh OperationWgenda Items\Agenda-Consent-GKE-Release of Retainage 3.doc 60 Page 2 Egret Marsh Stormwater Park BCC Meeting — February 12, 2013 —CONSENT January 31, 2013 FUNDING The release of the $2,539.75 retainage will be paid from Optional Sales Tax/ Retainage — G.K. Environmental/Egret Marsh - Account Number 315-206003-05057. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative Al, release of retainage held through calendar year 2012 for Tasks 3.01 and 4.01 of Work Order No. L-1 and Task CO2-2 of Change Order No. 2. ATTACHMENTS 1. Invoice from G.K. Environmental, Inc. requesting referenced release of retainage. DISTRIBUTION 1. Christopher R. Mora, P.E., Public Works Director 2. Budget 3. County Attorney Office APPROVED AGENDA ITEM FOR: February 12, 2013 Indian River County A e Date Administrator -21,711,3 BY: ' Budget -,715113 Legal Iitilities Public Works cx�v' Stormwater Engineering 40 I-V-2043 F-\Pi ihlir.%Ainrkc\Kr ithM\CtnrmwatPr Prniartc\FnrPt hAarch Onaratinn\AnPnrJn Itamc\Ananrla-(.nnQant_t;KF-Ralaaca of Ratainnna 61 G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R.KULczym,CEC,CES 155 McKee Lane Vero Beach,FL 32960 Office 772-567-9129 Cell 772-913-0294 Fax 772-567-6245 gke@me.com January 27, 2013 Mr. Keith McCully Stormwater Engineer Indian River County 1801 27th Street(Building A) Vero Beach, Florida 32960 RE: INVOICE—EGRET MARSH STORMWATER PARK 10% Release/Year 2 (2012) Invoice#086 Dear Keith, Please find listed below the items listed for 10%release. BidItem 3.01................................................................... $ 355.00 "�- Bid Item 4.01................................................................... $1,320.75 COS-2........................................................................... $ 864.00 TOTALthis invoice.......................................................... $2,539.75 Please let me know if you have any questions. The site continues to look great. Sincerely, (�wrcge,R. Kuk,3yc4, George R. Kulczycki,President Principal Ecologist A percentage of our annual proceeds goes to support the Navy SEAL Foundation. 62 INDIAN RIVER COUNTY, FLORIDA >� BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Crvv Public Works Director FROM: James D. Gray,Jr. JVv Coastal Engineer SUBJECT: Letter of Support Requesting Legislature for Special and Separate FY 2013/14 Appropriation for Beach Repair Post Hurricane Sandy DATE: February 7, 2013 DESCRIPTION AND CONDITIONS Hurricane Sandy passed approximately 200 miles east of Indian River County producing over 10-foot breaking waves along the coast and 20 to 30 feet waves offshore. As a result of the high surf, 12 miles of Indian River County non-federal engineered shoreline was damaged, resulting in an estimated $9.6 million in beach repair costs. During the regularly scheduled Board of County Commission meeting held on February 5, 2013, Public Discussion Item B.5; Mr. (Tuck) William Ferrell requested the Board's consideration to write a letter of support to Legislature for Supplemental Beach Sand Restoration assistance post Hurricane Sandy. Attached for the Board's consideration is a letter to our local Legislators requesting their support and assistance on a special and separate shoreline erosion appropriation under the statewide beach management for FY 2013/14. A similar letter of support has been transmitted by The Brevard County Board of County Commissioners. FUNDING No funding is required at this time. Any future appropriation may require a local match (amount not yet determined). Local funds are available to provide a required match. Staff will make a recommendation for the source of the match once the local match requirement is known if State funding becomes available. FAPublic Works\JamesG\TS Sandy October 2012\State Funding Letter\Agenda Item\2-12-13 memo to bcc-Letter of support FY 2013-14 special FDEP appropriation for beach repairs.docx 63 Page 2 Consent Agenda Item for February 12,2013 Letter of Support for Post Hurricane Sandy Beach Repairs February 7,2013 `•... RECOMMENDATION Staff recommends that the Board approve the attached letter and transmit to our local Legislative delegation. ATTACHMENTS 1. Letter of Support for a Special and Separate FY 2013/14 Appropriation for Beach Repair Post Hurricane Sandy, Letter dated February 12, 2013 APPROVED AGENDA ITEM Indian River County Approved Date FOR: February 12, 2013 Administration o1 ? Budget 7 �3 Legal —7 Public Works Coastal Engr. Division JD6 F:\Public Works\JamesG\TS Sandy October 2012\State Funding Letter\Agenda Item\2-12-13 memo to bcc-Letter of support FY 2013-14 special FDEP appropriation for beach repairs.docx 64 BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher Tim Zorc `�- Chairman District 3 District 2 Peter D. O'Bryan Wesley S. Davis * * District 4 Vice Chairman Bob Solari District 1 District 5 February 12, 2013 Senator Joe Negron 3500 S.W. Corporate Parkway Suite 204 Palm City, FL 34990 Re: Special and Separate FY 2013114 Appropriation for Beach Repair Post Hurricane Sandy Dear Senator Negron, The Indian River County Board of County Commissioners respectfully requests your support and assistance by bringing to the attention of the Legislature for their consideration, as the State has done in the past for Indian River County, a special and separate shoreline erosion appropriation under the statewide beach management for FY 2013/14. A special appropriation is specifically needed to address the extensive erosion to our dunes and beaches from Hurricane Sandy. Hurricane Sandy passed approximately 200 miles east of Indian River County producing over 10-foot breaking waves along the coast and 20 to 30 feet waves offshore. As a result of the high surf, 12 miles of our non-federal engineered shoreline was damaged, resulting in an estimated $9.6 million in beach repair costs. Please note: Beach repair costs have been refined from the original $12 million estimate to account for post storm natural recovery and publicly and privately funded emergency dune stabilization projects constructed between November 2012 and February 2013, equating to approximately 80,000 cubic yards of emergency dune stabilization projects or$1.7 million. Financial and Recovery Impacts: Without this financial assistance, we risk impacting tourism that is leading the economic recovery in Indian River County and statewide and further leave miles of beaches, public infrastructure and upland development vulnerable to the next storm event. 18012 7th Street, Building A Vero Beach, FL 32960 (772) 226-1490 65 Tourism is one of the largest sectors of the local economy in Indian River County. According to an economic study prepared by the Center for Tourism Research & Development from the University of Florida, tourism provides an economic impact of $154 million annually in Indian River County. The most common activity for tourists in the County was visiting the beach (69%). Accordingly, loss of sand and access to beaches would clearly have the effect of reducing tourism along the County's 22.4 miles of shoreline. Environmental Impacts: Indian River County is home to the Archie Carr National Wildlife Refuge, which is one of the largest sea turtle nesting beaches within the Western Hemisphere. In fact, we have seen increasing sea turtle nesting numbers the last few years. With the recent FEMA denial, Indian River County is not financially able to fully repair the $9.6 million in beach damages without funding assistance from the State, thereby affecting our local tourism. The FEMA denial not only affects Indian River County but all non-federal beach and dune nourishment projects from Brevard thru Broward, total estimated damages of over $50 million, by leaving them in a state of disrepair and significantly vulnerable. The only remaining alternative is for the State to partner with the impacted local governments to assist in the funding of beach stabilization projects. Chapter 161 of the Florida Statues provides a mechanism to provide up to a 75% state funding match for emergency beach stabilization projects. Indian River County respectfully requests your assistance to work in concert with your colleagues in the Legislature to pass a special and separate appropriation under statewide beach management for FY 2013/14. The damage to our statewide beaches not only jeopardizes public and private infrastructure but impacts tourism as well. As detailed above, this action is essential in order to perform necessary beach repairs that are critical to the statewide economy and our community's health and safety, as well as important environmental considerations including sea turtle and shorebird nesting. Enclosed for your reference is our November 7, 2012 Preliminary Damage Assessment Report documenting the immediate Post Hurricane Sandy beach damage throughout Indian River County. Thank you in advance for your assistance. Please let us know if there is anything you may need to further our request. Sincerely, J ph E. Flescher, Chairman Indian River County Board of County Commissioners cc: Joseph A. Baird, Indian River County Administrator Enclosure: Indian River County Preliminary Damage Assessment Report; dated November 7, 2012 66 BOARD OF COUNTY COMMISSIONERS Joseph E. FlescherV CSO Tim Zorc Chairman � �, District 3 District 2 , Peter D. O'Bryan Wesley S. Davis * * District 4 Vice Chairman �IORIOp' Bob Solari District 1 District 5 February 12, 2013 Senator Thad Altman 915 Oakfield Drive Suite D Brandon, FL 33511 Re: Special and Separate FY 2013114 Appropriation for Beach Repair Post Hurricane Sandy Dear Senator Altman, The Indian River County Board of County Commissioners respectfully requests your support and assistance by bringing to the attention of the Legislature for their consideration, as the State has done in the past for Indian River County, a special and separate shoreline erosion appropriation under the statewide beach management for FY 2013/14. A special appropriation is specifically needed to address the extensive erosion to our dunes and beaches from Hurricane Sandy. Hurricane Sandy passed approximately 200 miles east of Indian River County producing over 10-foot breaking waves along the coast and 20 to 30 feet waves offshore. As a result of the high surf, 12 miles of our non-federal engineered shoreline was damaged, resulting in an estimated $9.6 million in beach repair costs. Please note: Beach repair costs have been refined from the original $12 million estimate to account for post storm natural recovery and publicly and privately funded emergency dune stabilization projects constructed between November 2012 and February 2013, equating to approximately 80,000 cubic yards of emergency dune stabilization projects or $1.7 million. Financial and Recovery Impacts: Without this financial assistance, we risk impacting tourism that is leading the economic recovery in Indian River County and statewide and further leave miles of beaches, public infrastructure and upland development vulnerable to the next storm event. 18012 7th Street, Building A Vero Beach, FL 32960 (772) 226-1490 67 Tourism is one of the largest sectors of the local economy in Indian River County. According to an economic study prepared by the Center for Tourism Research & Development from the University of Florida, tourism provides an economic impact of $154 million annually in Indian River County. The most common activity for tourists in the County was visiting the beach (69%). Accordingly, loss of sand and access to beaches would clearly have the effect of reducing tourism along the County's 22.4 miles of shoreline. Environmental Impacts: Indian River County is home to the Archie Carr National Wildlife Refuge, which is one of the largest sea turtle nesting beaches within the Western Hemisphere. In fact, we have seen increasing sea turtle nesting numbers the last few years. With the recent FEMA denial, Indian River County is not financially able to fully repair the $9.6 million in beach damages without funding assistance from the State, thereby affecting our local tourism. The FEMA denial not only affects Indian River County but all non-federal beach and dune nourishment projects from Brevard thru Broward, total estimated damages of over $50 million, by leaving them in a state of disrepair and significantly vulnerable. The only remaining alternative is for the State to partner with the impacted local governments to assist in the funding of beach stabilization projects. Chapter 161 of the Florida Statues provides a mechanism to provide up to a 75% state funding match for emergency beach stabilization projects. Indian River County respectfully requests your assistance to work in concert with your colleagues in the Legislature to pass a special and separate appropriation under ""' statewide beach management for FY 2013114. The damage to our statewide beaches not only jeopardizes public and private infrastructure but impacts tourism as well. As detailed above, this action is essential in order to perform necessary beach repairs that are critical to the statewide economy and our community's health and safety, as well as important environmental considerations including sea turtle and shorebird -nesting. Enclosed for your reference is our November 7, 2012 Preliminary Damage Assessment Report documenting the immediate Post Hurricane Sandy beach damage throughout Indian River County. Thank you in advance for your assistance. Please let us know if there is anything you may need to further our request. Sincerely, seph E. Flescher, Chairman Indian River County Board of County Commissioners cc: Joseph A. Baird, Indian River County Administrator Enclosure: Indian River County Preliminary Damage Assessment Report; dated November 7, 2012 68 BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher ? C`� Tim Zor 3 Chairman District 2 Peter D. O'Bryan Wesley S. Davis * * District 4 Vice Chairman �110R10p` Bob Solari District 1 District 5 February 12, 2013 Debbie Mayfield 1053 20th Place Vero Beach, FL 32960 Re. Special and Separate FY 2013/14 Appropriation for Beach Repair Post Hurricane Sandy Dear Representative Mayfield, The Indian River County Board of County Commissioners respectfully requests your support and assistance by bringing to the attention of the Legislature for their consideration, as the State has done in the past for Indian River County, a special and separate shoreline erosion appropriation under the statewide beach management for FY 2013/14. A special appropriation is specifically needed to address the extensive erosion to our dunes and beaches from Hurricane Sandy. Hurricane Sandy passed approximately 200 miles east of Indian River County producing over 10-foot breaking waves along the coast and 20 to 30 feet waves offshore. As a result of the high surf, 12 miles of our non-federal engineered shoreline was damaged, resulting in an estimated $9.6 million in beach repair costs. Please note: Beach repair costs have been refined from the original $12 million estimate to account for post storm natural recovery and publicly and privately funded emergency dune stabilization projects constructed between November 2012 and February 2013, equating to approximately 80,000 cubic yards of emergency dune stabilization projects or$1.7 million. Financial and Recovery Impacts: Without this financial assistance, we risk impacting tourism that is leading the economic recovery in Indian River County and statewide and further leave miles of beaches, public infrastructure and upland development vulnerable to the next storm event. 1801 27th Street Building A Vero Beach, FL 32960 (772) 226-1490 69 Development from the University of Florida, tourism provides an economic impact of $154 million annually in Indian River County. The most common activity for tourists in the County was visiting the beach (69%). Accordingly, loss of sand and access to beaches would clearly have the effect of reducing tourism along the County's 22.4 miles of shoreline. Environmental Impacts: Indian River County is home to the Archie Carr National Wildlife Refuge, which is one of the largest sea turtle nesting beaches within the Western Hemisphere. In fact, we have seen increasing sea turtle nesting numbers the last few years. With the recent FEMA denial, Indian River County is not financially able to fully repair the $9.6 million in beach damages without funding assistance from the State, thereby affecting our local tourism. The FEMA denial not only affects Indian River County but all non-federal beach and dune nourishment projects from Brevard thru Broward, total estimated damages of over $50 million, by leaving them in a state of disrepair and significantly vulnerable. The only remaining alternative is for the State to partner with the impacted local governments to assist in the funding of beach stabilization projects. Chapter 161 of the Florida Statues provides a mechanism to provide up to a 75% state funding match for emergency beach stabilization projects. Indian River County respectfully requests your assistance to work in concert with your colleagues in the Legislature to pass a special and separate appropriation under statewide beach management for FY 2013/14. The damage to our statewide beaches not only jeopardizes public and private infrastructure but impacts tourism as well. As detailed above, this action is essential in order to perform necessary beach repairs that are critical to the statewide economy and our community's health and safety, as well as important environmental considerations including sea turtle and shorebird nesting. Enclosed for your reference is our November 7, 2012 Preliminary Damage Assessment Report documenting the immediate Post Hurricane Sandy beach damage throughout Indian River County. Thank you in advance for your assistance. Please let us know if there is anything you may need to further our request. Sincerely, Joseph E. Flescher, Chairman Indian River County Board of County Commissioners cc: Joseph A. Baird, Indian River County Administrator Enclosure: Indian River County Preliminary Damage Assessment Report; dated November 7, 2012 70 BOARD OF COUNTY COMMISSIONERS AVER Tim Zorc Joseph E. Flescher COQ District 3 Chairman 'L District 2 L ►C Peter D. 0-'Bryan * * District 4 Wesley S. Davis Vice Chairman �lORIO�' Bob Solari District I District 5 February 12, 2013 Representative Tom Goodson District Office Suite 1-C 400 South Street Titusville, FL 32780-7610 Re: Special and Separate FY 2013/14 Appropriation for Beach Repair Post Hurricane Sandy Dear Representative Goodson, The Indian River County Board of County Commissioners respectfully requests your support and assistance by bringing to the attention of the Legislature for their consideration, as the State has done in the past for Indian River County, a special and separate shoreline erosion appropriation under the statewide beach management for FY 2013/14. A special appropriation is specifically needed to address the extensive erosion to our dunes and beaches from Hurricane Sandy. Hurricane Sandy passed approximately 200 miles east of Indian River County producing over 10-foot breaking waves along the coast and 20 to 30 feet waves offshore. As a result of the high surf, 12 miles of our non-federal engineered shoreline was damaged, resulting in an estimated $9.6 million in beach repair costs. Please note: Beach repair costs have been refined from the original $12 million estimate to account for post storm natural recovery and publicly and privately funded emergency dune stabilization projects constructed between November 2012 and February 2013, equating to approximately 80,000 cubic yards of emergency dune stabilization projects or $1.7 million. Financial and Recovery Impacts: Without this financial assistance, we risk impacting tourism that is leading the economic recovery in Indian River County and statewide and further leave miles of beaches, public infrastructure and upland development vulnerable to the next storm event. 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 71 Tourism is one of the largest sectors of the local economy in Indian River County. According to an economic study prepared by the Center for Tourism Research & Development from the University of Florida, tourism provides an economic impact of $154 million annually in Indian River County. The most common activity for tourists in the County was visiting the beach (69%). Accordingly, loss of sand and access to beaches would clearly have the effect of reducing tourism along the County's 22.4 miles of shoreline. Environmental Impacts: Indian River County is home to the Archie Carr National Wildlife Refuge, which is one of the largest sea turtle nesting beaches within the Western Hemisphere. In fact, we have seen increasing sea turtle nesting numbers the last few years. With the recent FEMA denial, Indian River County is not financially able to fully repair the $9.6 million in beach damages without funding assistance from the State, thereby affecting our local tourism. The FEMA denial not only affects Indian River County but all non-federal beach and dune nourishment projects from Brevard thru Broward, total estimated damages of over $50 million, by leaving them in a state of disrepair and significantly vulnerable. The only remaining alternative is for the State to partner with the impacted local governments to assist in the funding of beach stabilization projects. Chapter 161 of the Florida Statues provides a mechanism to provide up to a 75% state funding match for emergency beach stabilization projects. Indian River County respectfully requests your assistance to work in concert with your colleagues in the Legislature to pass a special and separate appropriation under statewide beach management for FY 2013/14. The damage to our statewide beaches not only jeopardizes public and private infrastructure but impacts tourism as well. As detailed above, this action is essential in order to perform necessary beach repairs that are critical to the statewide economy and our community's health and safety, as well as important environmental considerations including sea turtle and shorebird nesting. Enclosed for your reference is our November 7, 2012 Preliminary Damage Assessment Report documenting the immediate Post Hurricane Sandy beach damage throughout Indian River County. Thank you in advance for your assistance. Please let us know if there is anything you may need to further our request. Sincerely, C JserpohWE. Flescher, Chairman �.- Indian River County Board of County Commissioners 72 cc: Joseph A. Baird, Indian River County Administrator Enclosure: Indian River County Preliminary Damage Assessment Report; dated November 7, 2012 Nmow 73 H`itrncd — " ---- Blte Flbrble h;--e nap i,mgeryr—ur:esy NASA '7vFPoI�F T Fn Cru b f t7 RosWron t N,i dvy - - - Mazu+uh — ,-! .;•" Satellite 2 1 Prvl EDT- GtE 5 t3 nph a r t ��—� 2'10 Pro ED' M1b�e rt t N at.c r^ h� - IKI MiFiincn�P�-aurE �r.�b�235£.hr hESl 3 t `t s z r2 F wundcrground com "fO�=:GyCi i=B!ilCurll Fll! - � 4 t I Introduction �..- The eye of Hurricane Sandy passed approximately 200 miles east of Indian River County on October 26, 2012, with maximum sustained winds of approximately 40 mph and maximum recorded gusts of up to 50 mph producing over 10 foot breaking waves along the coast and 20 to 30 feet waves offshore. This preliminary beach damage report is based on pre and post storm field surveys performed October 25,2012 thru November 6, 2012 by James Gray of the Indian River County Coastal Engineering Division. This report is based on visual inspection only—no topographic surveys were used to determine erosion estimates. Some general comments on the County beaches as a whole are provided, followed by a segment by segment review of beach conditions and damage observed. Segments are divided based of FDEP Reference Monuments (R-1 —R-119). General Comments In most beach segments, the erosion was consistent with what the Florida Department of Environmental Protection(FDEP) defines as: "Condition III: Moderate Dune Erosion and Beach Profile Lowering"; less than 10 feet of dune recession and three to ten feet vertical escarpments. However,the damage throughout the recently completed Sector 3 Beach and Dune restoration project area experienced FDEP "Condition IV: Major Dune Erosion"; dune recession greater than 10 feet. FDEP beach condition descriptions can be seen in Appendix A. It is estimated that storm losses as a result of Hurricane Sandy in the Sector 3 project area were 350,000 cubic yards of sand or$7.4 million. It is important to note that the Sector 3 Project preformed as designed by providing storm protection benefits to public and private infrastructure. The Sector 3 Project Area is located between FDEP Reference Monuments R-20—R-55. Significant beach erosion and damage to the three pedestrian crosswalks and a lifeguard tower in the County owned Tracking Station Beach Park was also observed, total repair and beach sand replacement costs are estimated to be$75,000. Some natural recovery of the beach is to be expected in the coming months, and profile surveys will be required to refine the estimates of damage,but the economic loss due to the countywide coastal erosion, is estimated at 12 million dollars. 10-20-12 10-26-12 Photos taken by the Sebastian Inlet District Web Cam 21 r 75 SEGMENT 1: SEBASTIAN INLET TO AMBERSAND (R-1 TO R-20) �,.. Dune overwash was observed along this segment producing 3-4 foot dune escarpments and berm profile lowering. ,. BEFORE 10-25-12 10-29-12 11 Looking North R-6 10-25-12 10-29-12 Looking South R-6 SEGMENT 2: AMBERSAND TO WINDSOR(R-20 TO R-30) Significant dune retreat was observed throughout this segment. Approximately 10-15 feet of dune retreat was observed along the Windsor beaches. 03-12-11 10-29-12 Windsor Looking South R-28 31 76 SEGMENT 3• WINDSOR TO WABASSO BEACH PARK(R-30 TO R-40) w.► Significant dune retreat and berm profile lowering was observed throughout this segment. Approximately 6-8 feet of dune retreat was observed in Golden Sands Park(R-32) and Wabasso Beach Park(R-40). Approximately 10-15 feet of dune retreat was observed along the Orchid(R-34 - R-37)beaches. 10-25-12 10-29-12 Golden Sands Beach Park looking North R-32 NOW 10-25-12 10-29-12 Golden Sands Beach Park looking South R-32 12-16-10 10-29-12 Orchid looking South R-35 77 BEFORE 10-25-12 10-29-12 Wabasso Beach Park looking North R-40 ,I i��,�• ��,� � lily t; 10-25-12 10-29-12 Wabasso Beach Park looking South R-40 SEGMENT 4: WABASSO BEACH PARK TO OCEAN PEARL (R-40 TO R-50) Dune retreat and berm profile lowering was observed throughout this segment. Approximately 20 feet of dune retreat was observed in the Baytree Subdivision(R- 46+600)undermining the community pool and exposing its foundation. 11-6-12 Baytree Pool looking West R-46+600 51 ' . = _ 78 NNW SEGMENT 5: OCEAN PEARL TO JOHN'S ISLAND (R-50 TO R-60) Minor dune retreat and berm profile lowering was observed throughout this segment. Approximately 8 feet of dune retreat was observed in the Carlton Community(R-51) 10-25-12 10-29-12 Carlton Community looking North R-51 SEGMENT 6: JOHN'S ISLAND TO DELMAR(R-60 TO R-70) Minor dune retreat and berm profile lowering was observed throughout this segment. ter' 11-2-12 Ocean Colony Looking West(R-69) 6 � ' =` _ _ 79 SEGMENT 7: DELMAR TO THE SPIRES (R-70 TO R-80) �... Significant dune retreat and berm profile lowering was observed throughout this segment. Approximately 10-15 feet of dune retreat was observed at Tracking Station Beach Park causing damage to crosswalks and lifeguard tower(R-73). Similar beach erosion was experienced at Caladon Shores (R-76), Ocean Clubs I, II, &, III, (R-77) and Conn Beach (R-78). 6-29-12 10-29-12 Tracking Station Beach Park Looking North(R-73) 11-01-12 Caladon Shores Looking North(R-76) 11-01-12 Ocean Club I, tI, and III Looking South(R-77) 71 :' .� 80 10-25-12 10-29-12 Conn Beach Looking South(R-78) SEGMENT 8: THE SPIRES TO SOUTH BEACH PARK(R-80 TO R-90) Minor dune retreat and berm profile lowering was observed throughout this segment. Approximately 8 feet of dune retreat was observed at Humiston Beach Park(R-83) f 1 k:. 10-25-12 11-01-12 Conn Beach Looking North(R-78) 10-25-12 11-01-12 Conn Beach Looking South(R-78) 811 _ _ 81 SEGMENTS 9-11: SOUTH BEACH PARK TO SOUTH COUNTY LINE (R-90 TO R-119) Minor dune retreat and berm profile lowering was observed throughout this segment. Approximately 3-4 feet of dune retreat was observed at Surfside Terrace (R-104+500) 10-25-12 10-29-12 Surfside Terrace Looking North(R-78) 9 � ' ` . 82 APPENDIX A Beach and.Dune Erosion Conditions (nrcvides a anality ive means to deRcrihe erosion after a storm event) CONDITION 1: I MOR BEACH EROSION CONDITION M MINOR DlAJE AND BEACH EROSION It-3 R aerftal acnrp in dune auuf beach praqk bwarin9? . . .. .......... . CONDMON HE MODERATE DUNE EROSION AND REACH PROFILE LOWERNG (3-10 R rertled scarp .. .,..__.-. .- "'-sesa then to}tdurie reesaaloii:• .... ..:... .._., ...."c._ .. ....:. .,- -- COND9TION IV: MA40R WNE EROSI racaaa m greator than 10-ft (heat„Iw",Q May not be apparent) bum*may I --- - -- - -- -- - -- -- - - - - -- T day to acus Ott 4-•vwma 7otagy Removed I�beseh may 1 Enc to&=a IL. C InAlt-IC 10 � 83 PUBLIC INDIAN RIVER COUNTY, FLORIDA HEARINGS MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director CW11 AND Christopher J. Kafer,Jr., P.E., County Engine /;V FROM: Michael D. Nixon, P.E., Roadway Production Manager /V SUBJECT: PUBLIC HEARING and CONFIRMING RESOLUTION for 7th Place Petition Millings Project from 63`d Avenue to 60th Avenue in the Pine Tree Park Subdivision IRC Project No. 1212 DATE: January 18, 2013 DESCRIPTION AND CONDITIONS Representatives in Pine Tree Park Subdivision presented County staff with a petition to install asphalt millings on 7th Place between 63rd Avenue and 60th Avenue.The project consists of 52 parcels, with 33 in favor of the project. The parcels vary in size. Based on square footage, 75.6%were in favor of the project. The minimum per the IRC code is 66.7%. Therefore this project meets the requirements for petition paving (millings). On January 8, 2013 the Board of County Commissioners adopted Resolution No. 2013-02 providing for certain paving(millings)to 7th Place Petition Millings Project from 63`d Avenue to 60th Avenue in the Pine Tree Park Subdivision. Also on January 8, 2013, the Board of County Commissioners adopted Resolution No. 2013-03 setting the date and time for a Public Hearing to discuss the process to be taken, costs and amount of the assessment against each property owner. The Public Hearing was scheduled for February 12, 2013. The proposed improvements to 7th Place will consist of the installation of 8-inch thick compacted asphalt millings over 9-inches of stabilized sub-grade. The roadway limits will be one block west of 63'd Avenue to 60th Avenue. The adjoining side streets mid-block north and south of 7th Place will be included in the roadway improvements. Two public informational meetings were held by County staff with the petitioners to discuss the project scope and assessment process. The meetings were held on October 24, 2012 and December 5, 2012. At the resident's request,the millings will be placed in the same area as the existing dirt roadway and no roadway widening,shoulder work or drainage will be included as part of the project. At the second meeting, the property owners consented to moving the project forward. F:\Public Works\ENGINEERING DIVISION PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\.Admim\agenda items\1212_-7th Place-Pet.mill PUB HEARING&RES.3 84 -12_lid�n dnc Page 2 PUBLIC HEARING 7th Place Petition Millings Project (63d Avenue to 60th Avenue)— Pine Tree Park Subdivision �,.. For February 12, 2013 BCC Meeting FUNDING The total estimated project cost = $90,398.93 75%to be paid by property owners = $67,799.20 2% Collection fee (75%figure) = $1,355.98 Total assessment = $69,155.18 25%to be paid by the County= $22,599.73 to be allocated from the Road and Bridge Petition Paving Account No. 11121441-035510-13010 7th Place/Pine Tree Park (60th Avenue-63`d Avenue). The cost per square foot is $0.121560748. RECOMMENDATION Staff recommends the Board of County Commissioners move to approve the Assessment Roll and approve the Confirming Resolution with changes, if any, made after input at the February 12, 2013 Public Hearing. The Confirming Resolution and Assessment Roll will be forwarded to the Chairman of the Board for signature. The Assessment Roll and Assessment Plat are available for viewing in the Clerk to the Board of County Commissioners office. ATTACHMENTS 1. Confirming Resolution 2. Assessment Roll and Assessment Plat DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent 2. Vincent M. Burke, P.E., Director of Utilities Services APPROVED AGENDA ITEM FOR February, 2013 BY Lpd Indian River Approved Date County Administration Budget 6 '5 Legal k/r31 Utilities J3 .2-1 to /3 Public Works Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving dmim\agenda items\1212-7th 85 RI�rc ,t mill nTTR iRF PTNr F RF.4 i 1-1?-1 M" '1" Confirming (Third Reso.) RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN ASPHALT MILLING IMPROVEMENTS TO 7'PLACE WEST OF 63rd AVENUE TO 60th AVENUE, IN THE PINE TREE PARK SUBDIVISION. - IRC PROJECT NO. 1212; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS,the Board of County Commissioners of Indian River County adopted Resolution No. 2013-02 providing for certain asphalt milling improvements to 7th PLACE WEST OF 63rd AVENUE TO 60"AVENUE IN THE PINE TREE PARK SUBDIVISION. WHEREAS, said resolution described the manner in which the special assessments are to be made and how the special assessments are to be paid; and WHEREAS,the resolution was published as required by Section 206.06,Indian River County Code; and WHEREAS,the Board of County Commissioners of Indian River County passed Resolution No.2013-03,on January 8,2013 which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all concerns as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on January 28, 2013 and February 4,2013, (twice,one week apart, and the last being at least one week prior to the hearing),as required by Section 206.06,Indian River County Code; and F:%'Public Works:ENG1 MUNG DIVISION PROJECFS'1312 ch Place-60th Ace a 631d Ave-Pedlion P tvi",Mdmnn agenda itenisd212 Rcseludon Confining-_- 12-1_.doc 1 86 RESOLUTION NO. 2013- WHEREAS,the land owners of record were mailed certified notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS,proof of such mailing has been made by signed affidavit(attached); and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, February 12, 2013 at 9:05 A.M. (or as soon thereafter as the Public Hearing was heard) conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: l. The_foregoingxecitals--are_affirmed-.and_rati_fied_in_their_entiret-._ 2. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 3. The special assessments shown on the attached Assessment Roll are hereby confirmed and approved,and shall remain legal,valid,and binding first liens against the properties assessed until paid in full. 4. The County will record this resolution with attached special assessments, which describes the properties assessed and the amounts of the special assessments, on the public records,which shall constitute prima facie evidence of the validity of the special assessments. F:Public Works ENGINEERING DIVISION PROJECTS`%-112-7th Place-6011i Ave to 63rd Aae-Petition Pavin;Admimagenda items 1212 Resolution-Confinning-2- 12-13.doc 2 87 RESOLUTION NO. 2013- The resolution was moved for adoption by Commissioner ,and the motion was seconded by Commissioner ,and,upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice-Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this, day of 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA _ By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Attachment: ASSESSMENT ROLL Approved as to form and legal sufficiency: &i1liamK. eBraal,Deputy County Attorney 1?`.Public Works'FNGIN&EtING DIVISION PRO IFCI'S`1212=ih Place-6011)Ave to 63rd Ave-Petition P'vin�Adrnun ,,euda item>11212 Resolution-Coniirniust I- 12-13.doc 3 88 AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF INDIAN RIVER On this 25th day of January, 2013, I, Michael D. Nixon, P.E., Affiant, mailed the attached NOTICE to each property owner listed on the attached Exhibit "A" whose name and last known address were obtained from the records of the Indian River County Property Appraiser: By:z AFFIANT Acknowledged before me this 25th day of January, 2013 by Michael D. Nixon, P.E., Affiant, who ism na ly known o or produced (driver's license roe roe passpo as identification. NOTARY PUBLIC: Sig pr' ted me: Jill M. Williams Co fission No.: EE 191873 Commission Expiration: June 8, 2016 SEAL: JIL L M.WILLIAMS *• *: Commission#EE 191873 pEXPIres June 8,2016 ftrded Thru Troy Fain Insurance 800.yg.7019 Attachments: NOTICE Exhibit "A" 89 COST ESTIMATE FOR: 7th Place From West of 63rd Avenue to 60th Avenue 2-12-13 ASPHALT MILLINGS ONLY Project #1212 TOTAL S.F. 568,894.00 1. CONSTRUCTION $80,539.00 2. ENGINEERING (5% of construction cost) $4,026.95 TOTAL CONSTRUCTION & ENGINEERING $84,565.95 3. PERMIT FEES $200.00 4. TESTING $2,000.00 5. RECORDING FEE $1,000.00 SUB-TOTAL $87,765.95 6. 3.00% ADMIN. FEE $2,632.98 TOTAL COST OF PROJECT $90,398.93 75% TO BE PAID BY PROPERTY OWNERS $67,799.20 2% COLLECTIONS FEE (75% FIGURE) $1,355.98 TOTAL ASSESSMENT $69,155.18 25% TO BE PAID BY COUNTY $22,599.73 COST PER SQ.FT. $0.121560748 F:\Public Works\ENGINEERING DIVISION PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\Admim\Assessment\Assessment.ASPHALT MILLING ONLY 2-12-13xls.xls 90 ASPHALT MILLING ASSESSMENT ROLL FOR: Cost Per Square Foot = 0.121560748 7th Place-West of 63rd Avenue to 60th Avenue ,. �,�. y ,,,.- �, ,r«�,.�-._ r .�c•�..� � ._ �r� .�.� � �.. �,�y�$, ~� € �, �,.� � alDes`cr SgFt ....,.., . Profe;Gt 18 Verleye Ave., East Northport, NY ;Pine Tree Park Unit No.1 Blk A Lot 11 & $1,270.79 33391700002000100011.0 !Fish,Theodore Kenneth Jr. ;11731 W 1/2 of Lot 12 PBI 3-38 10,454 Pine Tree Park Unit No. 1, PBI 3-38 E 1/2 Borchardt,Wayne W. & of Lot 12&all Lot 13 Blk A Less add RM, 33391700002000100012.1 Rebecca M. ;6376 7th PI.,Vero Beach, FL 32968 ,for 7th PI. as in OR BK 867 PG 891 10,454 $1,270,79: F .... -..__.... -- - ;Pine Tree Park Unit No.1 Blk A Lots 14, 33391700002000100014.0 Schuessler, Glenn & Linda 6356 7th PI Vero Beach FL 32968 115&W 1/2 of Lot 16 PBI 3 38 17,860 $2,171.06 _. T !Pine Tree Park Unit No. 1, PBI 3-38 Blk A. 1E 1/2 of Lot 16 and all of Lots 17 thru 20 36,155 $4,395.02; 33391700002000100018.0 Hall, Robert D. &Elinor B. 1765 63rd Ave.,Vero Beach, FL32968 inc NEVA Y 110 ! Sabonjohn, Peter(TR)& I 430 10th St. S.W.,Vero Beach, FL !Pine Tree Park Unit No. 1, Blk D Lot 10, 33391700002000400010.0 !Cannon, Susan (TR) i132962 ;PBI 3-33 6,970 $847.28, i P.O Box 2173 Vero Beach FL Pine Tree Park Unit No. 1 Blk D Lots ;Alka y ..__ i6,7 8&9, PBI 3-38 28,750 $3,494.87. 33391700002000400006.0 yaly,Ahmad&Sall 32961 2173 ____ `1635 Ayns ley Way, Vero Beach, FL Pine Tree Park Unit No. 1, Blk D Lot 5, 33391700002000400005.0 Green Edward&Theresa `32966 .PBI3-3.3 7,405 $900.16, _ Pine Tree Park Unit No 1 Blk D Lot 4, ; I Vero Beach FL 32968 PBI 3-38 7,405 $900.16: 33391700002000400004.0 Smith, Michelle E. 6335 7th P1.35 7t i Pine Tree Park Unit No 1 Blk D Lot 3, 33391700002000400003.0 Soumar, Joel C. 16325 7th PI Vero Beach FL 32968 PBI 3-38 1,405 $900.16: _. -._ 'Pine Tree Park Unit No. 1, Blk D Lots 1 & 18,295 $2,223.95: 33391700002000400001.0 House[, Kevin L & Edle R 16315 7th PI Vero Beach FL 32968 '2, PBI 3-38 ` Hankinson, Norman J &Sandra Pine Tree Park Unit No 1 Blk B Lots 19 33391700002000200019.0 ;J. _ mi6286 7th PL,Vero Beach FL 32968 1&20 PBI 3-38 17 424 $2,118.07t -- - --- - Plne Tree Park Unit No. 1 Blk B Lots 17 ' 33391700002000200017.0 Russ Wayne H &Shirley A 122205 43rd Dr Lake City FL 32024 j& 18 14 PBI 3 38 810 $1,800.31.- 'Trodglen, Paul M. &Elizabeth Pine Tree Park Unit N0. 1, Blk B Lots 15 16236 7th PI , Vero Beach FL 32968 4 16 PBI 3-38 14,810 $1,800.31 33391700002000200015.0 W. --- - - -- — Pine Tree Park Unit No 1 Blk B Lots 13 14,810 $1800.31.. 33391700002000200013.0 Holman Steven R (TR) (TOK) !6226 7th PI Vero Beach FL 32968 1& 14 PBI 3 38 - - -"-- Pine Tree Park Unit No. 1, Blk B Lots 11 Alcaraz-Lopez Enrique&Zalda 14,810 $1 800.31. 33391700002000200011.0 6206 7th PI.,Vero Beach FL 32968 ;& 1-1 11111 1 2, PBI 3-38 _. - F:\Public WorksIENGINEERING DIVISION PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\AdmimlAssessment\Assessment.ASPHALT MILLING ONLY 2-12-13xls.xls 1 .i ASPHALT MILLING ASSESSMENT ROLL FOR: Cost Per Square Foot = 0.121560748 7th Place -West of 63rd Avenue to 60th Avenue 1'. ,s 4. 9`8:+. .n s n., � .,.�+, v..�'3+`° Y -3. *s+3F•.. 'n- r e., ?4875 Pheasant Ln. S.W. , Vero ;Pine Tree Park Unit No. 1,BIk C Lots 1 & 33391700002000300001.0 ;Burke,Thomas J. & Kathle_en A !Beach, FL 32968 mT`2, P61 3-38 17,424 $2,118.0T ;6275 7th PI SW.,Vero Beach, FL ;Pine Tree Park Unit No. 1, BIk C N 100 ft 33391700002000300003.1 Lopez, Deanna 132962 ';of Lot 3&all Lot 4, PBI 3-38 13,504 $1,641.56 <.— - _. !Pine Tree Park Unit No. 1, Blk C Lots 5 33391700002000300005.0 ;Culp, John& Linn Carol J. ;6245 7th PI.,Vero Beach, FL 32968 ithru 7 inc& Lot 16, PBI 3-38 29,185 $3,547.75` !Pine Tree Park Unit No. 1, BIk C Lots 8 & 33391700002000300008.0 ;Novak William J. 16225 7th PI.,Vero Beach, FL 32968 ;9, PBI 3-38 14,810 $1,800.31 !11196 S. Indian River Dr., Sebastian, Pine Tree Park Unit No. 1, BIk C Lot 10, 33391700002000300010.0 'Meeks, Ronald E. FL 32958-4751 ;PBI 3-38 7,405 $900.16 _ Onley, Danny&Vaughn, !Pine Tree Park Unit No.4, Blk A Lots 23 33391700005000100023.0 jHeather Lynne(Ooley) ;6196 7th PI.,-Vero Beach, FL 32968 &24 PBI 4-57 { 11,761 $1,429.68 ?Pine Tree Park Unit No.4, Blk A Lot 22, 33391700005000100022.0 ;Diaz, Concepcion& Nieto, Jorge F 1620 E. 17th St St.Anna CA 92705;PBI 4-57 5,663 $688.40 .... ....-.... `Pine Tree Park Unit No.4, Blk A Lot 21, 33391700005000100021.0 ;Arnold, Jeffrey P. &Tina M. 16176 7th PI.,Vero Beach FL 32968 1PBI 4-57 5,663 $688.40 :Pine Tree Park Unit No.4, Blk A Lot 20, 33391700005000100020.0 ;Barlow, Myong 16166 7th PI.,Vero Beach, FL 32968 1PBI 4-575,663 $688.40 ;Pine Tree Park Unit No. 4 BIk-A Lot 19, 33391700005000100019.0 !Cambron, Dean D. 16156 7th PI.,Vero Beach FL 32968 1PBI 4-57 5,663 $688.40` ;5500 Military Trail#22-338, Jupiter, !Pine Tree Park Unit No.4, Blk A Lot 18, 33391700005000100018.0 NIC Management LLC (TRS) FL 33458 'PBI 4-57 5,663 $688.4& IGelfo, Maureen J. &Gelfo, P.O. Box 844,Vero Beach, FL ;Pine Tree Park Unit No.4, Blk A Lots 13 33391700005000100013.0 ;Regina 132961-0844 ithru 17 inc, PBI 4-57 28,750 $3,494.87. ;Pine Tree Park Unit No.4, BIk D Lots 1 & 33391700005000400001.0 r 1Scharr John C. &Marsha 16195 7th PI.,Vero Beach FL 32968 12, PBI 4-57 9,583 $1,164.92. _ ._....-.. .- ..-..- ii Pine Tree Park Unit No.4, Blk D Lot 3& 33391700005000400003.0 ;Morris,James Edward 16185 7th PI.,Vero Beach, FL 32968 1W 1/2 of Lot 4, PBI 4-57 i 8,276 $1,006.04 _. . _. _ _.. _ Lachance, Matthew Roland& 1Pine Tree Park Unit No.4 Blk D E 1/2 Lot:' 33391700005000400004.0 Rebecca Lee 16175 7th PI.,,Vero Beach, FL 32968 14&all Lot 5,PBI 4-57 _ 8,276 $1,006.04 ;Pine Tree Park Unit No.4, BIk D Lot 6, 33391700005000400006.0 'Strickland, Kristiana N 16155 7th PI., Vero Beach FL 32968 4PB1 4-157 5,663 $688.40 P.O. Box 3122, Vero Beach, FL Pine Tree Park Unit No. 4, Blk D Lot 7, 33391700005000400007.0 Renz, Carl W. &Mary Ann '32964-3122 ;PBI 4-57 $688.40` --- ;33 Cottontail Ln., North Haven, CT iPine Tree Park Unit No.4, Blk D Lots 8& 33391700005000400008.0 -Rotondo, Louis +06473 J9, PBI 4-57 11,326 $1,376.80 F:\Public Works\ENGINEERING DIVISION PROJ ECTS\1 212-7th Place-60th Ave to 63rd Ave-Petition Paving\Admim\Assessment\Assessment.ASPHALT MILLING ONLY 2-12-13xls.xls 2 N ASPHALT MILLING ASSESSMENT ROLL FOR: Cost Per Square Foot = 0.121560748 7th Place-West of 63rd Avenue to 60th Avenue s CrvProe .No;n1 2r w, ,,, �, L O ner., y.,. Matlln ddcess J. _ „.,, ,.,..,, 9 pp, _,> ,. escr�. Ft Cost n w .,.tam_,l�m..11215 I ..�.� .N,1. 0. w.,..�.,.,.,�. 'a�.� ,.r�..�..,1 �a4..,.�;ra,,o, �x.,e� ._ � ..�'�.:,'�.. 33391700005000400010.0 EPierce, Margaret A. (LE) X6115 7th Pl., Vero Beach FL 32968 1P6 4 57 Park Urnt No 4 Blk D Lot 10 5,663 $688.40 j1621 4th Ave.,Vero Beach, FL !Pine Tree Park Unit No. 4, Blk D Lot 11, 33391700005000400011.0 `Cox, Bret !32960 ;PBI 4-57 6,098 $741.28 iShambora, Robert Douglas & 1735 61st Ave.,Vero Beach, FL !Pine Tree Park Unit No 4, Blk D Lot 12, 33391700005000400012.0 `Diana T. 132968 PBI 4-57 4,792 $582.52 - . . Pine Tree Park Unit No.4, PBI 4-57 Blk B =the W 16 ft of Lot 19&all of Lots 20, 21 & 33391700005000200019.0 Fitzgerald, Jeri L. (Johnston) '6086 7th PI., Vero Beach, FL 32968 122 18,731 $2,276.95 jPine Tree Park Unit No.4, Blk B W 34ft 33391700005000200018.0 1Morgan Gary L Jr. & Robin M 16076 7th PI.,Vero Beach, FL 32962 !Lot 18& 19 Less W16ft, PBI 4-57 7,841 $953.16 (Pine Tree Park Unit No. 4 Blk B Lots 17 33391700005000200017.0 Morgan Gary L Jr. & Robin M 16076 7th PI.,Vero Beach, FL 32968 f.& 18 Less W 34ft, PBI 4-57 7,405 $900.16 _ ... . _..__ _-_ '208 Clark Terrace, Cliffside Park, NJ !Pine Tree Park Unit No. 4, Blk B Lot 16, 33391700005000200016.0 'Donovan,Raymond 07010 PBI 4-57 5,663 $688.40 11095 Morningside Dr.,Vero Beach, :Pine Tree Park Unit No. 4, Blk B Lots 14 33391700005000200014.0 �Hiers Properties LLC FL 32963 `& 15 PBI 4-57 11,326 $1,376.80 Woodyear, Barney R.-&-Br 66k, ;299 Park Trails Dr., Newark, OH !Pine Tree Park Unit No.4, Blk B Lot 12, 33391700005000200012.0 Judith L. 143055 PBI 4-57 5,663 $688.40 1686 3rd PI., Vero Beach, FL 'Pine Tree Park Unit No.4,BikmBLot 13, 33391700005000200013.0 Hiers Properties LLC 132962-3637 n_ jPBI 4-57 6,098 $741.28. 736 61st Ave., Vero Beach, FL !Pine Tree Park Unit No.4 Blk C Lots 1 & 33391700005000300001.0 Korsman,Alan D. &Sharon J 32968 2, PBI 4-57 10,890 $1,323.80 'Pine Tree Park Unit No. 4, Blk C Lots 3 & 33391700005000300003.0 !Fulton, Mindy Sue 16065 7th PI.,Vero Beach, FL 32968 4, PBI 4-57 11,326 $1,376.80 . _ .. ... --._. .. ,Pine Tree Park Unit No. 4, Blk C Lot 5, 33391700005000300005.0 Linzer, Ronald G. & Michele A. ±6055 7th PI., Vero Beach, FL 32968 jPBI 4-57 5,663 $688.40' Pine Tree Park Unit No. 4, Blk C Lot 6, 33391700005000300006.0 Costello Joyce&Street, Kim C 16045 7th PI., Vero Beach, FL 32962 ,PBI 4-57 5,663 $688.40; i Rine Tree Park Unit No.4, Blk C Lot 7, 33391700005000300007.0 'Nelson, Brian C. &Judy 1 035 7th Pl.,Vero Beach,FL32968jPBI 4-57 5,663 $688.40 !Pine Tree Park Unit No.4, Blk C Lot 8, 33391700005000300008.0 Introcaso,Alex 6535 4th PI Vero Beach, FL 32968 jPBI 4_57 5,663 $688.40 _. . ._ _ _.,.-. _ -- _ -- _._..... 1534 SE Euclid Ln., Port St. Lucie, FL !Pine Tree Park Unit No. 4, Blk C Lot 9, 33391700005000300009.0 Roberts Kathy& Derek '34983-2128 FPB!4-57 5,663 $688.40 F:\Public Works\ENGINEERING DIVISION PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\Admim\Assessment\Assessment.ASPHALT MILLING ONLY 2-12-13xis.xls 3 W ASPHALT MILLING ASSESSMENT ROLL FOR: Cost Per Square Foot = 0.121560748 7th Place -West of 63rd Avenue to 60th Avenue .�,., 2 l�tC�Pco e. .. E«.,��;,- .! - Cost 16470 SW 82nd St., Miami, FL ;Pine Tree Park Unit No.4, BlkuC Lot 10 33391700005000300010.0 Iosada, Marta Maria 33143-7912 f PBI 4-57 6,098 $741.28' ;Strada Prov.Le Morronese 13, N2 jPine Tree Park Unit No.4, Blk C Lot 11, 33391700005000300011.0 =Silvestri, Gabriella 167039 Sulmona Italy ;PBI 4-57 5,227 $635.40 Total= 568,894 $69,155.18 F:\Public Works\ENGINEERING DIVISION PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\AdmimWssessment\Assessment.ASPHALT MILLING ONLY 2-12-13x1s.x1s 4 0 1po 100 ,BB CFdPN/C SCA(C a O O O ©91-7�1 ® 0:........ ......... o ..�.__�__.._'O 0 ® ® © 000 IRCC OPB 2 P2P.B I,1 P 031B 6C K A 10 4CK IOivi Sf IU.Si ST. 1),8605A J6155 S.F. r I -1],A SF /(1,61067. �.i.6!0 Sf' Ii,610'S.r 1<B .r. 11,1 5.:.6,6635,6835,663 ..ILL ,6�1 ),{05'S,nfi31' 1 L I io 14 tr, 1 '9 1 ,19 /!tr / 23 $20 r 5'T. s-r. :r.. }g 1, ss. /5.r s. A.em %O .O;O L7 18. r I s' -11B,, 17 O'• lh, 13 .Y`2� 1,1 OO,/O ='21 .�. sssrsr. ;'Nf.N WSOH / 0 22 21 ?l� i•9 r aH." EOR..HppOT SGNU(SSL R /HNL 1 I/.•RISS iTR06CLEy HO�AIAN NGPwi;IOPEZ I �,4 D Z" RIRLO'k WI k6tN GLYrO '' CQ '• ', '6 RRf,VCP MRS PALP=� 2Q `J...�/ /_e/ ,,..:L.io uCll°'� i / -1.4 E�12 E cHAL6 MORGAN A10RGAM R7+ Atc Si f P[MNrH' ALKAYALY.' [0[4W.1�sMRH ISOUMAR /1• I ' ' LO?EZ �HOVAN 4EE }� ';Ts^.': goo"�w„—A. •T— — 1Q 9 $ ] ,' 6 '8 51 (/y�� M Rb15 l WCE R NZ'ROlON00 ERCC _ 3 4 _`l O/O'l\ ''�Q_ / IoK\1/ (ULTJN 4NZrR IIDYf11J11N�XW O/O'�' �1yyy--3��. RSM I ` �: ' I .1".'1 / 1 i01�5.. / / j;!/ �5 / TO`/O�V �'Q �40V S 10� 'SO®O7I OIO 6.9/0 Sf 7tl)0.5.(. / !A�sr),IUs sr:`;a 2.YYY�_�"'sr. +'-112{lS:>`.;' 29�IB5'a.f. I1•41u s:r/l.lm sf. 1 e:re.s(.lens st.,lgf�il t1)16.i.f:M+I S(1Z I.IDLSf. .2.' �Ij+6 f(. L3fl.W Sf i�l d`1't 1117.SI.R P/Zl IRCC ARK R N0. / !TBC UN? 1 � �� - ' OBIO^ G� ® � ��B.4 3 Ab { 13 � ` P/N TRPCB DIRK 3)f I ® � O ©I00 O ®....® O ® © OOIO — _ ® ® — •.. — — ®4 ® ® 119 6 5 4 LEGEND PROPERTY TO BE ASSESSED ASSESSMENT MAP 7TH PL. FROM WEST OF 63RD A VE. TO 60TH A VE. NOTE. S.F. AREAS ARE PER THE /ND/AN RIVER COUNTY PROPERTY APPRAISER No. Revision DD1e B INDIAN RIVER COUNTY AJIMArx I R, ,r / u 180/ 27IH STREET Daporiman1 of Pub/ic Works „, r H _ 77H PL. PETIRON ASPHALT MILL/NGS SNEE' �/��r�� -RO BEACH FL 32960 "` En ineerin D/YTs/on _ _ 121p� ASSESSMENT MAP CHANGED NAME ON LOT 6 UNIT NO.9 BLOCK D 2/5/13 KPH 777 I..Am°e•�567-8000 9 9 CO C COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator Zob A TMENT HEAD CONCURRENCE ert M. Keating, "P;, Co nity Development Director FROM: Phil Matson, AICP; MPO Staff Director DATE: February 4,2013 SUBJECT: Consideration of Revised Federal Highway Administration (FHWA) Urban Boundary Map It is requested that the information presented herein be given formal consideration by the Indian River County Board of County Commissioners(BCC) at its regular meeting of February 12,2013. DESCRIPTION CONDITIONS & ANALYSIS After each decennial census, the US Census Bureau identifies Urbanized Areas throughout the United States. Urbanized Areas are defined as "central places and the adjacent densely settled surrounding territories"that have a minimum population of at least 50,000 and a population density of at least 1,000 persons per square mile. Besides identifying Urbanized Areas that meet the population and density threshold for the first time, the Census Bureau identifies expansions to existing Urbanized Areas. Once the Census Bureau has published its revised Urbanized Area Maps, federal law (23 USC 101(a) 36-37) requires all MPOs to adjust their Urban Boundaries to be consistent with the new Census Urbanized Areas. Recently, the Census Bureau revised the Vero Beach-Sebastian Urbanized Area and included new areas that experienced growth between 2000 and 2010. Subsequently, the Florida Department of Transportation(FDOT)initiated a review of the MPO's Urban Boundary Map based on the revised Census Urbanized Area. As a result,FDOT developed a Draft 2010 Adjusted Urban Boundary Map for Indian River County(Attachment 1). The primary purpose of the Urban Boundary Map is to determine whether roadways should be classified as Urban or Rural in nature. That determination, in turn, is used to develop highway allocation funding formulas, determine appropriate roadway levels-of-service, and determine the eligibility of a roadway to receive certain categories of federal assistance. 96 According to federal law, adjustments can be made to the Urban Boundary, as long as the adjusted boundary includes all of the Census Urbanized Area. Adjustments can be made in order to eliminate inconsistencies in the data and make a more logical, smoother boundary. If, for example,there is a small enclave of rural development between two residential or industrial areas,then FHWA permits the entire area to be included in the Urban Boundary so that any new roadways linking the two areas can be classified as urban roadways and use urban area highway funds. The Attached map reflects a number of adjustments made by FDOT in conjunction with MPO and County staff. As shown on the attached map, the proposed 2010 FHWA Urban Boundary is similar to the 2000 FHWA Urban Boundary. Some of the areas included in the draft 2010 Urban Boundary include areas annexed by the City of Fellsmere near I-95; an area between 58th Avenue and 66th Avenue in Central Indian River County; and the area between 58th Avenue and I-95 in South Indian River County. Since County, MPO, and FDOT staff have coordinated extensively on the Urban Boundary delineation, County staff concurs with the Urban Boundary as depicted on the. attached map. FUNDING There is no funding associated with this item. RECOMMENDATION Staff recommends that the BCC consider the adjusted Urban Area Boundary Map,approve the Map, and adopt the attached Resolution authorizing the Chairman of the Board of County Commissioners to sign a Letter of Concurrence with the proposed Urban Boundary. ATTACHMENT 1. FDOT Adjusted Urban Boundary Map 2. Resolution Adopting Urban Boundary Map APPROVED AGENDA ITEM: Indian River Co, Appr d Date • Admin. V % /zJ FOR: ll,-211-7J Legal 3 Budget 6 SY: Dept. j • Risk Mgr. FXommunity Development\Users\MPO\Meetings\BCC\2013\Urban Boundaries 021213-doe 2 97 1 2010 Draft FHWA Adjusted Urban Boundary PlnnnlnL�nnd Indian River County Cnvttaunlenlallfnnn cl' 13REVARD I { T I 510 OSCEOLA f 5 AlA INDIAN RIVER 1 1 i i i 60 Legend 66-- 60 ----• County Boundary 65 I State Highway System Local Roads I ••. 2010 FHWA Urban Boundary(Draft) r......... 2000 FHWA Urban Boundary f ........ 5 - 2010 Census Urban Area 0 1 2 4 I 2000 Census Urban Area 91 I es ST.LUCIE - _... SATransportafion DevelopmentTLEM\Transportation Statisfics\Highwaffunctional Classificafion\2012 Urban Boundary\GISTublishad Maps\Urban_Boundary_Ora ft_ir.m d Published Date:1/30/2013 Q0 C0 Attachment 1 -Mm- RESOLUTION NUMBER 2013- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO SIGN A LETTER OF CONCURRENCE ON THE PROPOSED 2010 FHWA ADJUSTED URBAN BOUNDARIES INITIATED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Florida Department of Transportation, District Four(FDOT D4) recently initiated the decennial review of the Federal Highway Administration(FHWA) adjusted urban boundaries and Functional Classifications of roads as defined in 23 USC 101(a)(36) -(37) and 49 USC 5302(a)(16) -(17); and WHEREAS, the Indian River County Board of County Commissioners reviewed and concurred with the draft 2010 Federal Highway Administration (FHWA) Adjusted Urban Boundaries for Indian River County; and WHEREAS, FDOT D4 and the Indian River County Board of County Commissioners will continually coordinate and mutually support the Federal Functional Classification .. designation process for all public roads in Indian River County. NOW THEREFORE, BE IT RESOLVED, that the Indian River County Board of County Commissioners: 1. Authorizes the Chairman of the Indian River County Board of County Commissioners to sign a letter of concurrence (attached)to FDOT D4 and agree to forward the proposed boundaries to the FDOT Central Office for subsequent review and approval; and 2. Directs the Community Development Director to transmit the letter of concurrence to the Florida Department of Transportation Central Office for subsequent review and approval. THIS RESOLUTION was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Chairman Joseph Flescher Attachment 9 9 Vice-Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Bob Solari Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this_day of 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: J. K. Barton, Clerk of Court By: Joseph Flescher, Chairman 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 Joseph Flescher, 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 _ day of , 2013. Notary Public APPROVE AS T LEG U ICIENCY SEAL: B Alan S. Polackwich, Sr. County Attorney APPROVE S TO COMMUNITY DEVELOPMENT MATTERS BY: W 4, Obert M. REatinj, AICkpartmeV Directo Community Development 100 February 12, 2013 Mr. Gustavo Schmidt, P.E. District Planning and Environmental Engineer Florida Department of Transportation, District Four 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Dear Mr. Schmidt: SUBJECT: Concurrence on 2010 FHWA Adjusted Urban Boundary Designation The Indian River County Board of County Commissioners (BCC) has reviewed and concurred with the draft 2010 Federal Highway Administration (FHWA) Adjusted Urban Boundaries for Indian River County. The District office may now forward the proposed boundary to the FDOT Central Office and FHWA for final review and approval. The BCC understands that additional coordination on Federal Functional Classification designation for all public roads in Indian River County will be carried out by the District. After FHWA has approved the proposed boundary and functional classification designations, the District will also prepare a final boundary map for signature by the Chairman of the BCC. Thank you for your attention and assistance in this matter. Sincerely, Joseph Flescher Chairman, BCC cc: Jeannelia Liu, P.E., Associate Senior Project Manager, Burns & McDonnell, Inc. Newton Wilson, Highway Data Coordinator, FDOT-D4 101 COMMUNITY DEVELOPMENT �..- INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: p Robert M. Keating, AICP, Comm ' Development Director DATE: February 5, 2013 SUBJECT: Consideration of Scope of Services for Impact Fee Update It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 12, 2013. SUMMARY In May of 2012, the Board of County Commissioners (BCC) considered a r— recommendation from the Economic Development Council (EDC) to suspend all impact fees for a period of two years. After discussing the request,the BCC did not choose that option, but instead directed staff to identify strategies to reduce non- residential impact fees. In response, staff researched and incorporated a number of fee reduction alternatives into the 2012 Impact Fee Review Report and presented that report to the BCC in October of 2012. Subsequently, the BCC authorized staff to initiate an impact fee update. Because the last review of the County's impact fee schedule was performed in 2009 and because the BCC directed staff to revisit the current impact fee schedule,the county is undertaking a review of its impact fees at this time. The attached. Scope of Services contains tasks to review the County's impact fee schedule,identify strategies to reduce non-residential impact fees (while minimizing or avoiding increases to residential impact fees), and develop a revised fee schedule. Staff recommends that the BCC consider the Scope of Service,make any necessary changes, approve the Scope,and authorize staff to issue a Request for Proposals to obtain consultant services to develop an impact fee update. DESCRIPTION & CONDITIONS To address infrastructure costs associated with new growth, Indian River County has, since 1986, imposed traffic impact fees on new development. In 2005,the County adopted impact fees for eight additional services/facilities. Since their adoption,impact fees have generated considerable revenue, and impact fees are now among the largest single source of funding for infrastructure projects in F:\Community Development\Users\MPO\Meetings\BCC\2013\Impact Fees 021213 BUC.doc 1 102 Indian River County. In May of 2012,the Board of County Commissioners(BCC)considered a recommendation from the Economic Development Council(EDC)to suspend all impact fees for a period of two years. After discussion, the BCC voted not to suspend the County's impact fees as recommended by the EDC. Instead,the BCC directed staff to determine how the County could reduce non-residential impact fee rates. In response to the BCC's directive, staff researched the issue of reducing non-residential transportation impact fee rates, identified alternative ways to reduce those rates, and analyzed fee reduction alternatives. The result of that research was incorporated into the 2012 Impact Fee Review Report which was presented to the BCC in October of 2012. Subsequently,the BCC authorized staff to obtain the services of an impact fee consultant to review the current impact fee schedule,update fee formula costs and other inputs,and develop a new impact fee schedule that reduces fees on non- residential land uses while minimizing or avoiding fee increases on residential uses. According to the adopted Indian River County Impact Fee Ordinance, the county will, every three years,review and update its impact fees and change the fee schedules to reflect current economic and development conditions. Because the last impact fee review was performed in 2009,and because the BCC directed staff to revisit the current impact fee schedule,the county has developed the attached Scope of Services do develop an Impact Fee Update. ANALYSIS The attached Impact Fee Update Scope of Services contains tasks authorizing a consultant with expertise in the impact fee process to review the county's existing impact fee formulas and policies; review previously authorized impact fee studies;utilize the latest available data to update impact fee variables and inputs; update land acquisition and infrastructure costs; review existing levels of service (for non-traffic fee categories only); update impact fee credits; and develop an updated impact fee cost schedule. The proposed update involves reviewing each of the major components of the County's impact fee program and also identifying strategies to reduce non-residential impact fees while minimizing or avoiding increases to residential impact fees. The Scope contains specific activities and subtasks as part of the update. For example,the Scope requires that the consultants review traffic impact fee variables, such as trip rate and trip length by land use category,and to incorporate the most up-to-date information from the 2012 Trip Generation Rate Manual (9t' Edition) and other sources, such as locally developed trip rates, to supplement information in the Manual. Along with other tasks,the consultants will review levels-of-service for all non-traffic fee facility/categories, especially Fire/EMS, Corrections, and Parks, and will review the appropriateness of the levels of service. The Scope also involves reviewing cost information and obtaining revised cost data for all phases of facility and project construction. Since the price of land and the cost of construction projects have decreased recently, it is reasonable to expect that a new impact fee update will result in lower overall impact fee rates. In fact, that has been the experience of several local governments which recently completed impact fee update studies. FACommunity Development\Users\MPO\Meetings\BCC\'-)O13\]mpact Fees 021213 BCC.doe 2 103 Consistent with the attached Scope of Services, the consultants are also authorized to explore a number of fee reduction alternatives. Among the alternatives to be considered by the consultants are alternatives contained in the County's 2012 Impact Fee Review Report including: • Subsidizing Impact Fees for Non-Residential Land Uses Only • Updating Traffic Impact Fee Variables • Consolidating Land Use Categories Finally,the consultants are authorized to explore any other alternative that could lead to a reduced fee. It should be noted that proposed fee reduction alternatives may not be mutually exclusive. For example,the County could update impact fee variables and consolidate land use categories. In fact, the County has both updated variables and consolidated land use categories in the past. Therefore,it is possible that the consultants may include several alternatives which may be implemented in combination with one another to achieve the BCC's stated goal of a reduction in non-residential fees. It is anticipated that the total cost of the study will be approximately$150,000. In this case,there are sufficient funds in the impact fee administration account to cover that cost. Consequently, the impact fee update study can be paid for without using any taxpayer funds. FUNDING The cost of the study will be paid for out of the impact fee administration account. There are no impacts to the General Fund or any other funding source from this item. RECOMMENDATION Staff recommends that the BCC consider the attached Scope of Services, make any necessary changes,approve the Scope,and authorize staff to issue a Request for Proposals to obtain consultant services to develop an impact fee update. Attachment: 1. Impact Fee Scope of Services APPROVED AGENDA ITEM• Indian River Co, Appro ed Date • Admin. FOR• /01 �0/ Legal a•G • I3 Budget /j BY- Dept. Risk Mgr. ... F:\Community Development\UsersWPO\Meetings\BCC\2013\lmpact Fees 021213 BCC.doc 3 104 SCOPE OF SERVICES INDIAN RIVER COUNTY IMPACT FEE UPDATE INTRODUCTION: Indian River County is located on south central Florida's eastern coast. With a current population of approximately 140,000,the County has an urbanized coastal area and a rural western area. There are five incorporated municipalities in the County. These municipalities occupy approximately ten percent of the County's land area and accommodate less than thirty-five percent of the total County population. Consistent with this trend, most of the County's growth is occurring in the unincorporated area. In the last several decades, the County's growth rate has been significant. After exceeding 50% in the 1980s, the County's growth exceeded 20% in both the 1990s and 2000s. To address the infrastructure costs associated with new growth, the County instituted a countywide traffic impact fee program in 1986. Also in the 1980's, the County instituted water and sewer capacity charges within the County's water and sewer service area. Because of the amount of growth and development, the Board of County Commissioners, in 2005, approved impact fees for eight additional service/facility categories. These categories are: • Correctional Facilities • Solid Waste Facilities • Public Education Facilities • Libraries • Fire/Emergency Services • Law Enforcement • Public Buildings • Parks Unlike many counties, Indian River County has an impact fee system that includes all five of the County's municipalities. Through interlocal agreements with the County, the municipalities collect impact fees within their jurisdictions and transmit those fees to the County. To cover that cost, the municipalities receive a portion of the impact fee administration charge. While some of the County's impact fees (traffic, corrections, solid waste, education, public buildings, and libraries) are imposed countywide, one fee (fire/EMS) is imposed countywide except for the Town of Indian River Shores (Indian River Shores is the only municipality that does not participate in the County's Emergency Service District). The other fees (law enforcement and parks) are imposed only in the unincorporated county. According to the Indian River County Impact Fee Ordinance, the county will, every three years, review and update its impact fees and change the fee schedules to reflect current economic and development conditions. Since the last impact fee review was performed in 2009, the county is again required to update its impact fees at this time. 105 That 2009 study was a staff initiated update of the County's impact fee schedules based on the 2007 impact fee update study. Although the 2007 study was not accepted by the Board of County Commissioners, the 2007 study was used as the basis of the 2009 update. PURPOSE: The purpose of this project is to update the rates for all nine of the impact fee categories (not including water and sewer capacity changes) referenced above to account for changes to demand variables, credit characteristics, and land and construction costs. This project will also involve a re-examination of level of service (LOS) standards for all service/facility categories other than traffic, with a special emphasis on fire/EMS, corrections, and parks. Finally, the project will involve an analysis of ways to lower impact fees for commercial land uses, including those fees that apply to both new businesses and expansions of existing businesses, while developing alternatives to minimize or avoid increasing those fees on residential land uses. SCOPE OF ACTIVITIES: TASK I —DATA COLLECTION AND ANALYSIS TASK 1.1 REVIEW OF THE COUNTY'S 2005, 2007 AND 2009 IMPACT FEE STUDIES CONSULTANT shall review the County's 2005, 2007, and 2009 (in-house) impact fee study reports in order to become familiar with the impact fee formulas and methodologies used in computing Indian River County Impact Fee rates. The 2007 Study was prepared by a consultant but subsequently not adopted by the board. After review of past studies, CONSULTANT shall identify "need to be updated" independent variables and constants in the formulas applicable to each service/facility category. Those variables shall include, at a minimum, land cost and construction cost; trip generation, trip length, and percent new trip rates; appropriate functional population variables (seasonal population, trip duration, hours of operation, trips per worker, etc); and any other variable that affects the fee. With respect to the traffic impact fee formula variables and constants, CONSULTANT shall utilize the latest available information, including the 2012 ITE Trip Generation Manual (9th Edition); alternatives to the Trip Generated Manual such as locally derived trip rate, trip length, and percent new trips data for other jurisdictions; 2012 FDOT General Level of Service Tables; and any other appropriate guidance and/or methodology. TASK 1.2 TRANSPORTATION COST DATA COLLECTION The CONSULTANT shall review the Indian River County MPO 2035 Cost Feasible Plan and identify which improvements on that plan have not been constructed. For each project not yet constructed, the CONSULTANT shall identify: total number of lane-miles; percent of each project located in various land use categories; and the number and type of various construction components (such as bridges and safety improvements) required by each project. The CONSULTANT shall review the actual costs of construction and right-of-way acquisition for roadway projects completed in Indian River County in the last five (5) years. The 2 106 CONSULTANT shall use this information in identifying an average unit cost for the provision of various construction components, including: per-lane-mile roadway construction costs; bridge construction costs; safety improvement costs (such as lighting, signage, pavement markings etc); and any other cost element necessary to obtain a complete and accurate update of project cost. The CONSULTANT shall develop right-of-way acquisition unit costs based on actual purchase price or appraised value plus acquisition costs on a square foot basis for various future land use plan designation categories, e.g. agricultural, commercial, industrial. The CONSULTANT shall apply unit cost for construction and right-of-way acquisition to those 2035 Cost Feasible Plan improvements which have not been constructed in order to provide an accurate update of the total cost estimate of providing those improvements. For those cost feasible plan improvements not yet constructed for which detailed cost estimates are already available, the CONSULTANT will substitute actual costs of right-of-way acquisition and construction for estimated costs. TASK 1.3 NON-TRANSPORTATION COST DATA COLLECTION For each non-transportation facility/service category referenced above, CONSULTANT shall coordinate with applicable departments, agencies, the school district and the property appraiser's office to compile current information(last 12 months)regarding land and construction costs. Specific information collected/documented shall include: Recent land sales for properties that meet the size and location criteria appropriate for each facility/service category. This information shall, for each land sales transaction, include: Total cost of property Per acre cost of property Recent construction projects for each service facility category. For each project, information collected shall include: Design Cost Construction Cost, including landscape and hardscape site improvements Bids received, contracts awarded, or engineer's cost estimates for applicable projects not yet completed. Current construction cost indices for service facility categories Historic capital costs/facility inventory lists (total costs and unit costs) Programmed and Planned capital costs TASK 1.4 TRANSPORTATION COST PER LANE MILE CALCULATION 3 107 From the total cost and the total lane mile estimates obtained in Task 1.2, the CONSULTANT shall determine the average cost per lane mile for providing Cost Feasible Plan improvements not yet constructed. TASK 1.5 NON-TRANSPORTATION COST PER RESIDENT CALCULATION Using the data collected in Task 1.3, CONSULTANT shall update all appropriate impact fee study Excel spreadsheets to calculate the total land cost per resident and total equipment/building cost per resident for each non-transportation impact fee facility/service category. TASK 1.6 REVENUE IDENTIFICATION CONSULTANT shall update impact fee data spreadsheets for each facility/service category. The following data items shall be updated for each facility/service category: • Revenue sources for capital expenditures including, but not limited to, local option sales tax, local option gas tax, state grants, and federal grants. • Revenue source amount projections by source. All costs shall be in constant 2012 dollars. TASK 1.6 CREDITS/NET IMPACT COST Using the data collected in Tasks 1.2 through 1.6, CONSULTANT shall update the impact fee - Excel spreadsheets to determine a net impact cost per resident for each non-transportation impact fee facility/service category. This task will involve, but may not be limited to, calculating: • Capital Improvements credit per resident • Effective vacant land value percentages, taking into account taxable values of vacant land and total property value for the County • Revenue credit per resident for past property taxes The CONSULTANT shall also adjust traffic impact fee credits, particularly the increasing share of Local Option Sales Tax funds allocated to highway projects since 2009. This may involve revising miles per gallon rate, discount rate, and other components of the traffic impact fee credit calculation formula. TASK 1.7 DATA COLLECTION AND ANALYSIS REPORT CONSULTANT shall prepare Technical Memorandum #1 (TM1), Data Collection and Analysis Report. TM1 shall include all information, estimates, projections, and data analyses produced in Tasks 1.1 through 1.6. TM1 shall also identify any assumptions made and methodologies employed to complete the TM tasks. CONSULTANT shall submit ten copies of the draft TM I. After COUNTY review of draft TM1, CONSULTANT shall make necessary revisions to the draft, prepare the final report, and transmit ten(10) copies of the final report to COUNTY. 4 108 TASK 2—LEVEL OF SERVICE ANALYSIS TASK 2.1 ADOPTED LEVEL OF SERVICE REVIEW Using information from the County's impact fee studies,' CONSULTANT shall review the adopted LOS for all service/facility categories other than traffic, with a special emphasis on fire/EMS, corrections, and parks. This review shall involve a comparison of adopted levels of service with existing service levels and an assessment of the appropriateness of the adopted service levels. Alternative service levels shall be identified,where appropriate. TASK 2.2 LEVEL OF SERVICE ANALYSIS REPORT AND PRESENTATION CONSULTANT shall prepare Technical Memorandum #2 (TM2), Level of Service Analysis Report. TM2 shall include all information, assessments, and analyses produced in Task 2.1. TM2 shall also identify assumptions made and methodologies employed to complete TM2 tasks. CONSULTANT shall prepare TM2 in a manner that is easy to read and understandable by the general public. Ten copies of TM2 shall be submitted to COUNTY for review. After COUNTY review of TM2, CONSULTANT shall make necessary revisions to the draft, prepare the final report, and transmit twenty copies of the final report to COUNTY. CONSULTANT shall also attend one public meeting with elected officials/decision makers to present the level of service issues and alternatives identified in Task 2. CONSULTANT shall prepare all presentation material, including Power Point presentations, presentation boards, and handouts, in a manner that is non-technical and understandable by the public. TASK 3 —METHODOLOGY TASK 3.1 DEVELOPMENT OF ALTERNATIVES FOR LOWERING IMPACT FEES CONSULTANT shall review all applicable laws and regulations governing impact fees; review the impact fee policies of other jurisdictions; review the 2012 Traffic Impact Fee Review Report developed by staff; and consult with legal and technical experts, as appropriate, to develop alternatives for reducing commercial impact fees, while minimizing or avoiding increases in non-commercial impact fees. Specific consultant tasks will include analyzing the legal and policy consequences of each alternative; identifying steps to be undertaken to implement the alternative; and estimating the financial impacts of the alternatives. The alternatives to be explored shall include, at a minimum,the following: 3.1.A Subsidizing Impact Fees for Non-Residential Land Uses Under this alternative, the County may reduce impact fees on non-residential development by subsidizing the payment of the non-residential fee with contributions from other funding sources, such as ad valorem taxes, local option gas taxes, or local option sales taxes. Since this approach may utilize existing capital funding sources (such as the local option gas tax)to subsidize impact fee payment, CONSULTANT will need to 5 109 revise the credit component of the fee formula as appropriate to ensure that rate payers are not paying twice for the same improvement. 3.1.13 Consolidating Land Use Categories Under this alternative, the County may combine two or more non-residential land use categories into a new, lower-fee category with the impact fee rate for the new consolidated category at the level of the use with the lowest rate. CONSULTANT shall review the county's land use categories and identify any consolidation opportunities that exist within those categories. 3.1.0 Other Alternatives CONSULTANT may identify any other approach or combination of approaches that achieves the project's stated purpose of identifying a legally-defensible impact fee program that reduces commercial impact fees for new and expanding businesses and minimizes or avoids increases to non-commercial impact fees. Upon completion of the development of alternatives for lowering impact fees, CONSULTANT shall prepare Technical Memorandum #3 (TM3), commercial Impact Fee Reduction Alternatives Report. The report shall present an analysis of the alternatives in a concise format and include a technical, financial, and legal summary of each alternative. The CONSULTANT shall also attend one public meeting to discuss the alternatives contained in TM3 and modify TM3, as appropriate. TASK 3.2 ADMINISTRATION REVIEW AND ADMINISTRATION FEE UPDATE CONSULTANT shall review current procedures and estimate staff time associated with administering the existing traffic impact fee program. Based on that review, CONSULTANT shall determine the annual costs for administering the impact fee program and shall prepare an update of the administration fees as appropriate. That update shall comply with applicable state requirements for establishing impact fee administrative charges. TASK 3.3 FEE SCHEDULE PREPARATION For each facility/service category, CONSULTANT shall coordinate with COUNTY staff to prepare updated fee schedules. The updated schedules must reflect the preferred alternative or combination of alternatives for non-residential impact fee reduction selected by COUNTY. The revised fee schedules will incorporate all relevant updated land acquisition and construction cost data; updated impact fee credit data (based on recent local option sales tax expenditure trends); and updated independent variable data, including the average cost per lane mile variable data, as described in Task 1. This task may entail revised impact fee formulas, where revision of those formulas have been proposed by CONSULTANT and found acceptable to the COUNTY. 6 110 TASK 3.4 IMPACT FEE SCHEDULES REPORT AND PRESENTATION CONSULTANT shall prepare Technical Memorandum #4 (TM4), Impact Fee Schedules Report. TM4 shall contain all updated fee schedules and shall document the process used to update the schedules. CONSULTANT shall submit ten copies of TM4 to COUNTY. After COUNTY review of TM4, CONSULTANT shall make necessary revisions to the draft, prepare the final report,-and transmit ten(10) copies of the final report-to COUNTY. -- - - -- CONSULTANT shall also attend one advisory group meeting and one public meeting with elected officials/decision makers to present the draft impact fee formulas and fee schedules developed in Task 3. CONSULTANT shall prepare all presentation material, including Power Point presentations, presentation boards, and handouts, in a manner that is non-technical and understandable by the public. TASK 4—FINAL REPORT TASK 4.1 PUBLIC HEARINGS CONSULTANT shall attend two public hearings for adoption of the revised impact fees. At the hearings, CONSULTANT shall present the proposed impact fees and explain the methodology employed to develop the fees. CONSULTANT shall prepare all presentation material, including Power Point presentations, presentation boards, and handouts. TASK 4.2 DOCUMENT PREPARATION CONSULTANT shall compile information from Technical Memorandums 1 - 4 and incorporate that information into a final report. The report shall include all relevant information in the principal document, with other information/data incorporated in technical appendices. CONSULTANT shall submit ten copies of the draft report. After COUNTY review, CONSULTANT shall make necessary revisions to the draft and transmit thirty (30) copies of the final report to COUNTY. TASK 4.3 ELECTRONIC DOCUMENT PREPARATION CONSULTANT shall provide COUNTY with all electronic documents developed throughout the impact fee update. This shall include database files, electronic spreadsheets, Power Point presentations, and others. All documents, graphics, charts, and supporting material generated during the course of this project will be furnished to the COUNTY in formats as identified below. Technical Memoranda and Correspondence Microsoft Office 2000 Spreadsheets Microsoft Excel 6.0/7.0 Graphics As negotiated (.dxf format preferred) Maps/GIS ArcMap 10 Final Reports Microsoft Office 2000 7 111 TASK 5—IMPACT FEE UPDATE REQUIREMENTS AND PROVISIONS OF WORK TASK 5.1 PROJECT SCHEDULE The schedule for completion for the project will be nine (9) months from the date of issuance of the Notice to Proceed. Prior to COUNTY'S issuance of a Notice to Proceed, CONSULTANT shall prepare a schedule of calendar deadlines for deliverables. TASK 5.2 MEETINGS AND PRESENTATIONS CONSULTANT shall attend a Notice to Proceed meeting with COUNTY representatives where relevant project information along with procedures for administering the contract shall be provided by COUNTY. Besides those meetings identified in TASKS 1-4, CONSULTANT shall attend a minimum of three (3) other meetings to be identified by COUNTY. CONSULTANT shall be available, with no more than a seven (7) business day notice, to attend meetings or make presentations at the request of the COUNTY. Such meetings may be held at any hour between 9:00 a.m. and 11:00 p.m. on any day of the week. CONSULTANT may be called upon to provide maps, press releases, advertisements, audiovisual displays, and similar material for such meetings. CONSULTANT shall meet with the COUNTY'S Project Manager as often as is deemed necessary by the COUNTY. CONSULTANT is expected to prepare graphic displays, handouts, and any other appropriate presentation aids for all meetings, as deemed necessary by the COUNTY. TASK 5.3 PROGRESS REPORTING AND INVOICING CONSULTANT shall on a monthly basis provide COUNTY with written progress reports describing the work performed on each task. Also on a monthly basis, CONSULTANT shall submit one originally signed copy of an invoice package to the COUNTY'S Project Manager. Judgment on whether work of sufficient quality and quantity has been accomplished will be made by the COUNTY'S Project Manager using a comparison of reported percent work completed against actual work accomplished. FACommunity Development\Users\MPO\Projects\TIF\2013\Scope 2013 TIF.doc 8 112 DEPARTMENTAL MATTERS INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: January 28, 2013 SUBJECT: Potential Enterprise Zone ntives—Financial Analysis FROM: Jason E. Brown Director, Management & udge BACKGROUND On January 8, 2013, County staff made a presentation to the Board of Commis ioners on possible new incentives in the Enterprise Zone. The staff report identified additional incentives that would be implemented in the Enterprise Zone. At that meeting, the Board requested additional information about the estimated financial impacts of each of the eight (8) additional incentives presented. There was also discussion regarding the implementation of these incentives on a countywide basis rather than limiting the incentives to the Enterprise Zone. As discussed during the meeting, it is difficult to estimate the impact of some of the incentives on a countywide basis. Therefore, the financial analysis is primarily based upon the incentives that would have been available to some real employers that have applied for and received local jobs grants within the County in the last few years. Staff has analyzed three (3) such applications. These are INEOS New Plant BioEnergy LLC (INPB); Communications International Inc. (CII); and SpectorSoft. Estimated New Estimated Incentives Company Name Jobs INEOS New Planet BioEnergy LLC (INPB) 55 $1,397,885 SpectorSoft Corporation 34 $208,000 Communications International Inc. (CII) 12 $68,000 The eight (8) potential additional incentives considered through this process are: 1. Subsidize(in whole or in part) County Impact Fees. 2. Financing of Impact Fees on More Favorable Terms. 3. Waive or Subsidize (in whole or in part) Development Fees. 4. Subsidize (in whole or in part) Water and Sewer Connection Charges. 5. Infrastructure Improvement Program. 6. Modify the Jobs Grant Program to Increase the Bonus for Jobs Created in the Enterprise Zone. 7. Waive or Subsidize the Local Business Tax Receipt for a Limited Period of Time. 8. Waive (in whole or in part) the Franchise Fee or Fee-in-Lieu-of-Franchise Fee for a Limited period of Time. 113 Each of the eight potential incentives is discussed individually in detail below. The impact on the three local jobs grant applicants is detailed along with additional discussion of some considerations regarding the implementation of such incentives. Please note that while the job grant applicants may not be located in the Enterprise Zone, it was assumed that they were within the boundaries for developing an estimate of the impact of the potential incentives. 1. Subsidize (in whole or in part) County Impact Fees. Due to the "proportionate share" nature of impact fees, these cannot simply be waived. Rather, non-payment of the fees by the new or expanding business must be replaced with payment of the fees by the County from another source. This incentive would result in the County funding the impact fees for new or expanding businesses in the Enterprise Zone from another source, such as; general revenues, gas tax revenues or one cent sales tax revenues. It is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. For comparative purposes, please see the table below showing the collection of commercial impact fees over the last five(5) years. FY FY FY FY FY Impact Fee Type 2007/08 2008/09 2009/10 2010/11 1 Traffic Fees $1,566,845 $702,339 $582,873 $583,142 $583,805 Other Facilities $778,057 $175,132 $12,819 $34,998 $125,754 Water & Sewer Fees $771,549 $376,769 $562,150 $408,944 $577,897 Total $3,116,451 $1,254,150 $1,157,842 $1,027,084 $1,287,456 Each of the proposed additional incentives was presented to the Enterprise Zone Development Agency (EZDA) on November 8, 2012. The consensus of the EZDA was to not recommend approval of this incentive. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. 1. Subsidize County Impact Fees Estimated Additional Company Name Incentive Comments/Notes Impact fee credits on the property were more than the fees to be paid on the INEOS New Planet BioEnergy LLC $17,484 new construction for traffic and other facilities. Total is for water& sewer fees only. SpectorSoft Corporation $0 Company operates in leased office space, so no impact fees were paid Company continues to use existing Communications International Inc. $0 facilities. No building expansion, so no ..., fees were due. Total $17,484 114 2. Financing of Impact Fees on More Favorable Terms. The County currently provides financing for water & sewer impact fees for a period of five (5) years, with a hardship extension to ten (10 years. The interest rate charged is adjusted annually, and the current rate is 5.75%. The County does not typically finance the other impact fee types, although this has been done on a case by case basis for large new or expanding employers. The possible incentives include extending the term, reducing rate or both. Extending the term results in a short term cash flow impact, but it does not result in a significant additional expense. Reducing the interest rate would result in lower repayment amounts. There are challenges relating to securing payment with a lien which would survive foreclosure of a pre-existing mortgage. Additionally, the fee payer can typically finance the impact fees along with the construction costs. Lenders have had problems subordinating loans to County loans in such situations, and subordinating the County loan to the bank loans presents a security concern for collection of the County loan. Each of the proposed additional incentives was presented to the Enterprise Zone Development Agency (EZDA) on November 8, 2012. The EZDA did not appear to reach a consensus on making a recommendation for this incentive. It is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. 2. Financing of Impact Fees on More Estimated Additional Company Name Incentive Comments/Notes Based upon $17,484 fees financed at INEOS New Planet BioEnergy LLC $4,714 5.75% for X10 years. This assumes 0% interest. 3% interest rate would be savings of$2,299. SpectorSoft Corporation $0 Company operates in leased office space, so no impact fees were paid Company continues to use existing Communications International Inc. $0 facilities. No building expansion, so no impact fees were due. Total $4,714 For illustrative purposes, the owner of a commercial development that required water & sewer impact fees totaling $10,000 would pay interest of $2,696 over a period of ten (10) years at 5.75% interest. 3. Waive or Subsidize (in whole or in part) Development Fees. This incentive considers waiving development fees and subsidizing building permit fees for businesses seeking to locate or expand in the Enterprise Zone. Development fees are funded from the M.S.T.U. Fund, so they could be waived. This would result in a subsidy of these fees from other M.S.T.U. Fund revenues. The building permit fee subsidy would need to be provided 115 from some other source, likely General Fund dollars. The consensus of the EZDA was to recommend approval of this proposed incentive. It is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. Development3. Waive or Subsidize(in whole or in part) Estimated Additional Company Name Incentive Comments/Notes INEOS New Planet BioEnergy LLC $94,141 Building permit fee of$86,361 and development review fee of$7,780. SpectorSoft Corporation $0 Company operates in leased office space, so no development fees were due Company continues to use existing Communications International Inc. $0 facilities. No building expansion, so no development fees were due. Total $94,141 INPB paid significant building permit fees and development review fees due to the size of this project. It should be noted that building permit fee revenues for last fiscal year totaled $1.6 million. Therefore, the INPB building permit fee was about 5.3% of all building permit fees for the fiscal year. Likewise, development fee collections for fiscal year 2011/12 were about $190,000. These fees were put in place to help recover the cost of planning staff. When such fees are waived, the M.S.T.U. Fund taxpayer subsidizes such costs. 4. Subsidize (in whole or in part) Water and Sewer Connection Charges. Water and sewer connection charges can vary substantially from one applicant to another. Connection fees can be as little as $155 (meter install fee of $130 and service fee of $25). However, connection charges can include line extension fees if service is not available at the current location. The line extension fees are charged on a per foot basis and vary depending upon the frontage of the project. Since the Utility Department is an enterprise fund and must maintain equitable rates, these charges may not be subsidized by other utility customers. Therefore, payment from another source would be required. General Fund revenues would be the likely funding source for this subsidy. The EZDA consensus was to recommend approval of this proposed incentive. Once again, it is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. 116 4. Subsidize 1 1 Connection ' ' Estimated Additional Company Name Incentive Comments/Notes Line extension fees of$12,931 (sewer) INEOS New Planet BioEnergy LLC $23,353 and $9,225 (water) based on 820 feet. Meter install fee of$1,147 and inspection fee ($50) SpectorSoft Corporation $25 Company operates in leased office space, so only service fee was due. Company continues to use existing Communications International Inc. $0 facilities. No additional connection needed, so no such fees were due. Total $23,378 5. Infrastructure Improvement Program. Infrastructure improvements (roads, utility lines, etc.) may be required for a business to locate or expand in the Enterprise Zone. While the County already has general authority to provide such improvements to encourage economic development, a specific program outlining the circumstances does not currently exist. The County has made such improvements on a case by case basis in the past (e.g. CVS). The need for such infrastructure improvements is dependent upon the current infrastructure available to each site. Therefore, the opportunities for such a subsidy would vary on a case by case basis. Funding for such infrastructure could be provided by gas taxes, optional sales tax, gas tax or General Fund revenues. The EZDA consensus was to recommend approval of this proposed incentive. Improvement5. Infrastructure Program Estimated Additional Company Name Incentive Comments/Notes Turn lane from Oslo Road required as INEOS New Planet BioEnergy LLC —$150,000 part of permit. County coordinated resurfacing to help reduce costs slightly To Staff's knowledge, no known SpectorSoft Corporation $0 improvements were funded by the employer that would have applied to this incentive To Staff's knowledge, no known improvements were funded by the Communications International Inc. $0 employer that would have applied to this incentive Total $150,000 117 Due to the significant variance in infrastructure improvement needs for individual sites, it is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Furthermore, the cost would also depend upon the number of applicants applying for this incentive. Please see the table above for the impact that this incentive would have generated for each of the three local jobs grant applicants. 6. Modify Jobs Grant Program to Increase the Bonus for Jobs Created in the Enterprise Zone The County currently grants a 10% "bonus" for jobs created in the Enterprise Zone. The proposal is to increase this bonus to a higher amount ranging from 20% to 50%. The County has had one applicant for the local jobs grant within the Enterprise Zone—Girard Equipment Inc. In 2011, Girard received approval for a jobs grant covering an estimated 20 additional jobs. Girard received a $77,000 local jobs grant, which included $7,000 for the 10% Enterprise Zone "bonus". The applicant would have been eligible for an additional bonus ranging from $7,000 to $28,000 based upon the proposed bonus of 20% to 50%. Thus, the countywide impact for this increased incentive would have been $7,000 to $28,000 over the last four years within the Enterprise Zone. The additional bonus would not necessarily apply to the countywide implementation scenario as that would be more appropriately handled by simply increasing the local job grant amounts. It should be noted that the County has provided local job grants totaling $2,483,000 to fourteen (14) employers representing an estimated 376 additional jobs since 2009. The EZDA consensus was to recommend approval of this proposed incentive. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. While the job grant applicants are not located in the Enterprise Zone, it was assumed that they were for the purposes of this analysis in order to be eligible for the Enterprise Zone jobs grant"bonus". 6.Jobs Estimated Additional Company Name Incentive Comments/Notes Based upon a 50%bonus for the EZ INEOS New Planet BioEnergy LLC $124,000 compared to the current 10%. A 20% bonus would provide $31,000. Based upon a 50% bonus for the EZ SpectorSoft Corporation $83,200 compared to the current 10%. A 20% bonus would provide $20,800. Based upon a 50% bonus for the EZ Communications International Inc. $27,200 compared to the current 10%. A 20% bonus would provide $6,800. Total $234,400 7. Waive or Subsidize the Local Business Tax Receipt for a Limited Period of Time. All businesses pay this tax of $40 per year. The proposal is to waive or subsidize this tax for new businesses for a limited period of time—perhaps three (3) to five (5) years. Initially, the proposal was to cover the Enterprise Zone. It is important to point out that the County only 118 levies this tax in the unincorporated area. Municipalities levy this tax within their corporate limits. Therefore, the businesses within the City of Vero Beach would not receive this incentive, unless it is passed by the County and the City. The EZDA consensus was to recommend approval of this proposed incentive. This incentive would reduce revenues for the M.S.T.U. Fund depending upon the number of eligible applicants per year. It is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. Local Business Tax receipts generated about $180,000 in revenues for the M.S.T.U. Fund last year. This revenue offsets ad valorem taxes in the M.S.T.U. Fund. Waivers of this revenue result in an increased burden on the property tax revenue to fund unincorporated area services. The impact of an individual waiver is not significant. However, the result in some other counties has been a substantial impact to this revenues source. 7. Waive Local Business Tax Receipt r a Limited Period of Time Estimated Additional Company Name Incentive Comments/Notes This estimate assumes a 5-year period. INEOS New Planet BioEnergy LLC $200 A 3-year waiver would equal $120. This estimate assumes a 5-year period. SpectorSoft Corporation $200 A 3-year waiver would equal $120. This estimate assumes a 5-year period. Communications International Inc. $200 A 3-year waiver would equal $120. Total $600 g, Waive in whole or in art the Franchise Fee or Fee-in-Lieu-of-Franchise Fee for a Limited Period of Time Utilities provided in the unincorporated area of the Enterprise Zone are charged a franchise fee or fee-in-lieu-of-franchise fee of about 6%. The utilities operating in the area include Florida Power & Light (electric), City of Vero (electric, water & sewer), and the County (water & Sewer). The proposed incentive is to waive this fee in whole or in part for a limited period of time—again, perhaps three to five years. This waiver would result in reduced revenues for the M.S.T.U. Fund, which funds County municipal services in the unincorporated area of the County. Implementation of this incentive would likely require amendment of the franchise agreements with the City of Vero and Florida Power & Light and amendment to the County Code for the County Utility. The County would also need to coordinate with each utility to administer the program. This incentive would reduce revenues for the M.S.T.U. Fund depending upon the number of eligible applicants per year and each applicant's consumption of utilities. It is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Additionally, it is very difficult to estimate the utility consumption profile of the three local jobs grant applicants. Therefore, staff has used information from FPL to determine an estimate of energy consumption for a 15,000 square foot office building. A typical user would pay franchise fees totaling about $1,300 per year. A five- 119 year waiver would provide an incentive of about $6,500, while a three-year waiver would equal almost $4,000. Franchise fees are now the single largest revenue source for the M.S.T.U. Fund. In the current year, franchise fee revenues are estimated to provide $8.5 million in funding. The second largest source, property taxes accounts for $7.5 million. Any significant impact on this .. revenue source needs to be seriously considered prior to moving forward with a change. SUMMARY Staff has some concerns regarding the financial impact of these incentives on the County. These incentives would result in lost revenues or requirements to subsidize fees in an amount that is difficult to predict. Many of the funding sources for these subsidies are General Fund and/or M.S.T.U. Fund dollars. The County has remained on solid financial footing throughout this economic downturn. However, fund balances could be strained for some time to come due to reduced revenues moving forward while the county may face rising costs. The efficacy and cost of each incentive needs to be considered prior to moving forward with additional incentives. Some of these incentives could be implemented at a relatively small cost to the county. However, others may be relatively significant depending upon the implementation of such incentives. Also, the County needs to look at the combined impact of such incentives in the event that multiple incentives are approved. RECOMMENDATION Staff recommends that the board of Commissioners review this financial analysis and provide ,,.. direction to staff regarding further considerations and/or implementation of additional incentives. ATTACHMENTS Financial Analysis of the Impact of New Incentives on Three Job Grant Applicants Indian River Coun A ved Date APPROVED AGENDA ITEM: Administrator Legal '7 BY: Budget . Baird De artment Ooseph ounty Administrator Risk Management FOR: February 12 2013 120 Possible New Incentives for the Enterprise Zone Analysis of Potential Costs for Previous Local Jobs Grant Recipients INEOS New Comments/Notes �mpany Name Planet Estimated New Jobs (full-time) 55 Current Incentives Available/Previously Provided Existing Incentive/ Funding Agency Estimated Cost Comments/Notes Local Jobs Grant(County) $310,000 QTI Tax Refund Program (State) $132,000 The QTI program requires a 20% match, which was provided by the local jobs grant. Staff estimate based upon fy 11/12 tax rates and $33 million Tax Abatement(County) $955,885 assessed value. Total incentive is over 10-year period. The est.first year abatement is $193,951. Total Current Incentives $1,397,885 Available/Previously Provided Possible New Incentives-Estimated Impact Item Description Estimated Cost Comments/Notes Traffic and other facility impact fee credits on the property 1 Subsidize County Impact Fees $17,484 were more than the fees to be paid, therefore no fees were due. Total amount is water&sewer fees. 10 - year cost of interest at 5.7S% on $17,484 impact fees. Finance Impact Fees on More $4,714 This assumes 0% interest. 3% interest would provide savings 2 Favorable Terms of$2,299 Waive/Subsidize Building Building permit fee of $86,361 and development review fees 3 $94,141 of$7,780 Permit & Development Fees Subsidize Water&Sewer Line extension fees of $12,931 (sewer) and $9,225 (water) for 4 $23,353 Connection Charges 820 feet, Meter install fee of$1,147 and $50 inspection fee. -- Turn lane from Oslo Road required as part of permit. County Infrastructure improvement 5 Irovement $150,000 coordinated resurfacing project to help reduce costs slightly. Program Cost is a rough estimate only. Increase Bonus in Local Jobs Grant Program for Enterprise This is based upon a 50% bonus for the EZ compared to the 6 $124,000 current 10%. A 20% bonus would cost$31,000. Waive Local Business Tax for This estimated assumes a 5-year period. A 3-year waiver 7 $200 Limited Period would equal $120($40/yr.) ---- — - This facility will produce electricity with heat from the process. This electricity can be used to supply the facility or sell back to Waive Franchise Fees in the grid. The net usage of electricity is unknown. Usage is 8 Enterprise Zone expected to be relatively low due to the electric generation capacity. Total Possible New Incentives $413,892 Dr 21/211 F:\Budget\Jason\Economic Development\Enterprise Zone Additional Incentiv rral I xlsx Possible New Incentives for the Enterprise Zone Analysis of Potential Costs for Previous Local Jobs Grant Recipients SpectorSoft Comments/Notes ompany Name Corporation Estimated New Jobs (full-time) 34 Current Incentives Available/Previously Provided Existing Incentive/Funding Agency Estimated Cost Comments/Notes Local Jobs Grant (County) $208,000 Total Current Incentives $208,000 Available/Previously Provided Possible-New Incentives=Estimated-Impact Item # Description Estimated Cost Comments/Notes Company leases office space, so no impact fees 1 Subsidize County Impact Fees $0 were paid. Company leases office space, so no impact fees Finance Impact Fees on More $0 were paid, therefore, no savings would be realized 2 Favorable Terms through financing fees. Waive or Subsidize Development $0 Company leases office space, so no development 3 Fees fees were paid. Subsidize Water& Sewer Service fee of$25. No meter install fee charged as 4 $25 company leased in existing building. Connection Charges — No known infrastructure improvements were Infrastructure Improvement $0 funded by the employer that would have been 5 Program g applicable to this incentive. Increase Bonus in Local Jobs This is based upon a 50% bonus for the EZ 6 Grant Program for Enterprise $83,200 compared to the current 10%. A 20% bonus would Zone Jobs cost$20,800. Waive Local Business Tax for This estimated assumes a 5-year period. A 3-year $200 waiver would equal $120 ($40/yr.) Limited Period __ __ - Waive Franchise Fees in Based upon estimated electric consumption for a 8 $6,861 10,000 sq. ft. office building for 5 years Enterprise Zone Total Possible New Incentives $90,286 v F:\Budget\Jason\Economic Development\Enterprise Zone Additional Incentiv n I I .xlsx Possible New Incentives for the Enterprise Zone Analysis of Potential Costs for Previous Local Jobs Grant Recipients ompany Name Communications Comments/Notes Int'I. Estimated New Jobs (full-time) 12 Expansion of existing business in County Current Incentives Available/Previously Provided Existing Incentive/ Funding Agency Estimated Cost Comments/Notes Local Jobs Grant (County) $68,000 Total Current Incentives Available/Previously Provided $68,000 Possible New Incentives-Estimated Impact Item # Description Estimated Cost Comments/Notes 1 Subsidize County Impact Fees $0 Company continued to use existing facilities, so no impact fees were paid. Finance Impact Fees on More Company continued to use existing facilities, so no 2 Favorable Terms $0 impact fees were paid. Therefore, no savings from financing impact fees 3 Waive or Subsidize Development $0 Company continued to use existing facilities, so no Fees development fees were paid. 4 Subsidize Water& Sewer $0 Company continued to use existing facilities, so no Connection Charges water connection fees were paid. Infrastructure Improvement No known infrastructure improvements were S Program $0 funded by the employer that would have been _ applicable to this incentive. Increase Bonus in Local Jobs This is based upon a 50% bonus for the EZ 6 Grant Program for Enterprise $27,200 compared to the current 10%. A 20% bonus would Zone Jobs cost$6,800. Waive Local Business Tax for This estimated assumes a 5-year period. A 3-year _ 7 _Limited Period $200 _waiver would equal $120 ($40/yr.) Waive Franchise Fees in Based upon estimated electric consumption for a 8 Enterprise Zone $6,861 10,000 sq. ft. office building for 5 years Total Possible New Incentives $34,261 F:\Budget\Jason\Economic Development\Enterprise Zone Additional Incentiv2'Xn31RS f 1t.XIsX 21/21 7_ Y... AL `�LORI�r' INDIAN RIVER COUNTY `— ENVIRONMENTAL CONTROL OFFICE Indian River County Environmental Control Hearing Board Indian River County Board of County Commissioners Cynthia VanDeVoorde Hall Richard D.Cahoy Sitting as the Environmental Control Board Dr.Richard H.Baker Joseph E.Flescher,Chairman Dr.Philip R.Glade Wesley S.Davis,Vice Chairman Patrick Walther,P.E. Peter D O'Bryan Bob Solari Environmental Control Officer Tim Zorc Cheryl L.Dunn,R.S. Jennifer Peshke,Attorney INTEROFFICE MEMORANDUM DATE: December 17, 2012 MEMO TO: Board of County Commissioners sitting as Environmental Control Board, Indian River County FROM: Cheryl L. Dunn, R. S., Environmental Control Officer SUBJECT: Report of Activities for Third Quarter FY11/12 (April through June, 2012) The following is a summary of enforcement activities conducted by the Environmental Control Office during the above quarter: 1. The Respondent Santosh International, Inc., 2514 Island Crossing Way, Merritt Island, FL 32952, which owns real property located at 6 South Oak Street, Fellsmere, FL 32948, which comprises of two businesses, a gas station and a restaurant. Initially, on January 22, 2008, the City of Fellsmere Interim Utility Director provided Respondent with written notice of the availability of the public sewerage system to the property. Respondent has failed to connect the property to the available public sewerage system within 365 days listed in the notification and was found to be in violation of Chapter 381.00655(1) (a), Florida Statutes. A Notice to Correct Violation was issued by the Indian River County Health Department Environmental Control Hearing Board on June 8, 2009, requiring correction. Subsequent to the issuance of the Notice to Correct Violation, the City of Fellsmere became involved in this matter and all parties have agreed and entered into a Stipulation. The Stipulation allows the Respondent one (1) year from Stipulation Order Approval date to connect to sewer provided no sanitary nuisances occur during this time period. Should a sanitary nuisance occur prior to one (1) year passing, the Respondent has stipulated to immediately connect to sewer. 1900-27th Street Vero Beach,FL 32960 Phone:(772)794-7440 FAX:(772)794-7447 124 In addition to connecting plumbing fixtures to sewer, Respondent stipulated that it would have all septic tanks on the subject property properly abandoned pursuant to Health Department abandonment permits within 90 days after connection to the sewer system. Respondent also agreed to provide the Health Department with written updates detailing Respondent's progress in complying with the deadlines set out in the aforementioned Stipulation. The City of Fellsmere gave consent to the Stipulation and has been amenable to the Respondent entering into the Stipulation. The Hearing Board did approve the Stipulation at their June 7, 2012 hearing board. Case No 479-10 (Suspended Penalty) 2. The Respondents, Serafina and Salinas Bedolla, owners of real property located at 4115, 4125 and 4135 30th Avenue, Vero Beach, FL 32967 with a parcel of land with three structures containing a total of five living units (multifamily). This case was brought before the June 7, 2012 hearing board, at which time a Stipulation, which the parties entered into prior to the hearing board, was approved by the hearing board. Respondent stipulated that on or before thirty (30) days from the signed Stipulation date, the Respondent would complete connection of all plumbing structures on the property to the County sanitary sewer system. The parties to the Stipulation also agreed that any violation in the interim resulting in a sanitary nuisance would require immediate connectivity and would result in the Respondent incurring a daily fine for any violations that occurred. Additionally, the Respondent stipulated that any septic tanks on the subject property would probably be abandoned pursuant to Health Department abandonment permits within ninety (90) days of connection of the structures formerly served by the septic tanks to the County's sewer system. Respondent also agreed to provide the Health Department with written updates detailing the Respondent's progress complying with the deadlines set out in the Stipulation. Respondent agreed to pay a minimal fine of One Thousand Dollars ($1,000.00) and at this point has entered into a payment plan with the Health Department. Case No. 498-12 (Payment Plan) 3. The Environmental Control Office, as well as the Respondent, Reliable Treasure Coast Indian River Septic, have entered into a Settlement Stipulation with regard to work performed by Reliable Treasure Coast Indian River Septic on property located at 1965 13th Ave. S.W. Vero Beach, FL 32962. Upon inspection of the property by the Health Department, spoils were found to have been buried and the property failed inspection on or about October 17, 2011. The Respondent was notified that the inspection failed due to the buried spoils, and that the spoils must be excavated and removed prior to re-inspection. The Respondent has come into compliance and excavated the buried spoils and passed re-inspection at the present time. Due to the foregoing, the Respondent has agreed to and has entered into a Settlement Stipulation regarding this matter agree to pay a $500 fine set forth in the Settlement Stipulation in connection with entering into the Stipulation. The Order adopting Settlement Stipulation is set for board approval before the Environmental Control Hearing Board at their next meeting. Case No. 503-12 125 r 4. The Respondent, Gwinn, Inc. d/b/a Sunset Cafe and Vero Beach Shopping Center Associates Limited Partnership made payment pursuant to the Environmental Control Hearing Board Order and lien on file, case number 488- 11, in the amount of One Thousand Dollars ($1,000.00). Accordingly, Satisfaction and Release of Lien was prepared and recorded and this file has been closed. The Lien was filed in the Public Records of Indian River County. Case No 488-11 (Fine $1,000 Paid in Full) 5. The Respondent, O & N Investments, Inc. with a fictitious business name of "Country Trailer Park" and the Health Department entered into a Stipulation dated January 28, 2011, which was approved by the hearing board via Order adopting the Stipulation dated February 18, 2011. Upon an inspection, and subsequent re-inspections of the trailer park starting on January 19, 2012, Respondent was found to be out of compliance with the Stipulation. During a routine inspection, the Health Department found the Respondent out of compliance with paragraphs 3, 6 and 9 of the Stipulation. Respondent achieved compliance May 9, 2012 upon re-inspection by the Health Department; however, a sanitary nuisance did occur and the Stipulation was violated. A fine of Four Thousand Five Hundred Dollars ($4,500.00) was recommended when the matter was brought back before the June 2012 hearing board meeting. Respondent did appear and argued its case; however, the hearing board did go ahead and entered the fine. Case 485-11. 6. A Satisfaction and Release of Lien was recorded in the case of Respondents William R. Buchanan and Rachel Buchanan owners of real property located at 861 46th Avenue, Vero Beach, Florida. Buyer's Title Inc Escrow paid the Two Thousand Five Hundred Dollar ($2,500.00) fine levied. Case No. 468-09 (Fine $2,500 Paid in Full) 7. Lamb's Enterprises, Inc. owned and operated by Gladys B. Lamb. A civil penalty of one thousand eight hundred dollars ($1,800.00) was levied for the violations. The parties entered into a six (6) month payment plan and the first installment payment of $300.00 was paid in March. Respondents failed to make April payment as agreed so staff contacted Respondent via phone and certified mail. Case No. 494-11. (Partial Fine $1,200 Collected) 8. Environmental Health staff continued archiving case files and completed work on a case and fine tracking system. 9. Other enforcement matters have been commenced which have not yet been brought before the Hearing Board. cc: Miranda Swanson, MPH, Administrator, Indian River County Health Department Jason Brown, Management and Budget Director, Indian River County Mayur Rao, Business Manager, Indian River County Health Department 126 ;N --i �LOR1�P INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICE Indian River County Environmental Control Hearing Board Indian River County Board of County Commissioners Cynthia VanDeVoorde Hall Sitting as the Environmental Control Board Richard D.Cahoy Joseph E.Flescher,Chairman Dr.Richard H.Baker Wesley S.Davis,Vice Chairman Dr.Philip R.Glade Peter D O'Bryan Patrick Walther,P.E. Bob Solari Tim Zorc Environmental Control Officer Cheryl L.Dunn,R.S. Jennifer Peshke,Attorney INTEROFFICE MEMORANDUM DATE: December 31, 2012 MEMO TO: Board of County Commissioners sitting as Environmental Control Board, Indian River County FROM: Cheryl L. Dunn, R. S. Environmental Control Officer SUBJECT: Report of Activities for Fourth Quarter FY11/12 (July through September, 2012) The following is a summary of enforcement activities conducted by the Environmental Control Office during the above quarter: 1. The Respondent, Juliet Bruno, owns real property DBA Crab Cove, Inc. located at 11320 South Indian River Drive, Sebastian, Florida, which address houses numerous lots for mobile homes and cottages. Upon inspection of the premises, the Petitioner noted that a violation existed as to units 7 and 8, and as to the septic tank utilized by lots 13 and 14. There are a total of 4 violations in existence. Specifically, the septic tank behind units 7 and 8 does not have a proper lid, creating a safety hazard. The septic tank on the property located next to Unit#14 was found to be open wherein a submersible pump had been placed inside the tank which also serves unit #13. Septage was found to have been illegally discharged over the fence into a wooded area onto the property directly to the south. Septage was not being pumped by a licensed contractor or being transported and disposed of properly. The tank lid had been broken open, and had not been replaced and sealed properly. The tank was recommended to be abandoned. The Respondent came before the hearing board in August, 2012. At that point in time, the Respondent had taken corrective actions as to the violations existing on lots 13 and 14; however, the violations existing as to lots 7 and 8 remained uncorrected. A civil penalty in the amount of three thousand five hundred dollars ($3,500) was entered and the Respondent has entered into a repayment plan and is making $300 monthly payments. Respondent has also corrected the outstanding violations on the property and is providing the departments with W-- updates on the status of their sewer connection. Case No. 493-11 1900-27th Street Vero Beach,FL 32960 Phone:(772)794-7440 12 7 FAX:(772)794-7447 2. The Respondent, Dewey Root, owned real property located at 28 South Willow Street, Fellsmere, FL 32948, where he operated a poodle breeding business, known as, Poodles by Dewey. On February 13, 2012, the Health Department conducted an inspection of Respondent's premises following a nuisance complaint that was called into the Health Department stating that there were unsanitary conditions on and around the premises. These conditions were capable of introducing and perpetuating human disease organisms and vectors into the community. Specifically, the allegations were that Petitioner was washing animal waste into the perimeter of his property and adjacent property, rather than disposing of it according to the Florida Statutes and the Florida Administrative Code. Upon inspection of the premises, the Petitioner did note that there were four (4) violations that existed. The facility had allowed unsanitary conditions capable of introducing and perpetuating human disease organisms and vectors into the community. The Respondent had also failed to properly maintain appropriate animal husbandry conditions and dispose of animal wastes properly on the property and the Respondent had created conditions capable of producing pathogenic organisms communicable to man. Additionally, it was found that the Respondent had altered and changed the original designed and approved conditions of the Onsite Sewage Treatment and Disposal System (OSTDS) by increasing the sewage flow and characteristics without re-approval of the department and without the required permit. Due to the use of the premises with the breeding of poodles, the facility by definition was found to produce commercial waste and the Respondent has failed to bring the OSTDS into full compliance with the provisions and requirements of current rules when the `aw changes in sewage flow and characteristics was made. The Respondent did attend the August, 2012 hearing board and a civil penalty in the amount of two thousand dollars ($2,000.00) was levied against him with a five thousand dollar ($5,000.00) suspended penalty due within thirty (30) days if the Respondent did not comply. The Respondent did initiate that he wanted to enter into a payment plan with the Hearing Board, which the Hearing Board was agreeable to offer. However, the Health Department has been notified that Mr. Root passed in late December, 2012, that the animals were removed from the property and that the structure is now a single family residence. Case No. 499-12 3. The Respondent Deutsche Bank National Trust Company has owned real property located at 2555 44TH Street, Vero Beach, FL 32967 which was being used as a rooming house. On June 12, 2012, the Petitioner did conduct an inspection of the premises following a nuisance complaint that was called in to the Health Department, stating that there were unsanitary conditions on and around the premises of the rooming house with accumulated junk, trash, and debris, causing rodents, odor, and sanitary nuisance to be present. Upon inspection of the premises, it was noted that several violations did exist at the address, including unsanitary conditions capable of introducing and perpetuating human disease organisms and vectors into the community constituting a sanitary nuisance. Specifically, the exterior of the home has accumulated debris and solid waste, and the house was attracting transient populations. Additionally, debris contained around the exterior of the home had created prime conditions for rodent harborage, and attracting raccoons that were visibly observed at the time when the violations were discovered. 128 An attorney for the bank did attend the August, 2012 hearing board, and despite the arguments, the board did enter civil penalty of two thousand dollars ($2,000.00), with an additional five thousand dollar ($5,000.00) suspended penalty due if the Respondent did not come into compliance. As of the date of the hearing, the property had been significantly cleaned up by the bank, and the $2,000 fine was paid in September, 2012. The department also received notice that the property was demolished and agrees that the Respondent is in compliance. Case No. 500-12 4. The Respondents, Nathan and Laura Foster, entered into a written OSTDS Permit Payment Plan Agreement with the Health Department in regard to permits pulled regarding work to be performed by them upon real property located at 3355 6T" St. Vero Beach, FL 32967, with regard to a site evaluation, a permit application, and an initial inspection fee. The Health Department agreed to allow Respondent to enter into a payment plan for the evaluation, permit application and initial inspection fees to be repaid to the Health Department totaling $245.00, which initially was not paid until the Respondents, Nathan and Laura Foster, were served with Hearing Board paperwork. Case No. 502-12 5. The Respondent, O & N Investments, Inc. with a fictitious business name of "Country Trailer Park" satisfied the lien of four thousand five hundred dollars ($4,500.00) Case 485-11. 6. The Environmental Health Staff have continued to work with the County Attorney's office regarding revisions to the Grease Trap Ordinance. The matter is undergoing final review at the present time and should be finalized and able to be brought before the Board of County Commissioners before the end of the next fiscal year. 7. Lamb's Enterprises, Inc. owned and operated by Gladys B. Lamb. A civil penalty of one thousand eight hundred dollars ($1,800.00) was levied for the violations and Respondent entered into a six (6) month payment plan. The Respondent has corrected violations and is in compliance with the order and paid the civil penalty in full. Case No. 494-11. (Civil Penalty $1,800 Paid in Full) 8. Environmental Health staff continued archiving case files and completed work on a case and fine tracking system. 9. Other enforcement matters have been commenced which have not yet been brought before the Hearing Board. cc: Miranda Swanson, MPH, Administrator, Indian River County Health Department Jason Brown, Management and Budget Director, Indian River County Mayur Rao, Business Manager, Indian River County Health Department 129 C / �LOR1�P INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICE Indian River County Environmental Control Hearing Board Indian River County Board of County Commissioners Cynthia VanDeVoorde Hall Sitting as the Environmental Control Board Richard D.Cahoy Joseph E.Flescher,Chairman Dr.Richard H.Baker Wesley S. Davis,Vice Chairman Dr.Philip R.Glade Peter D O'Bryan Patrick Walther,P.E. Bob Solari Tim Zorc Environmental Control Officer Cheryl L.Dunn,R.S. Jennifer Peshke,Attorney INTEROFFICE MEMORANDUM DATE: January 8, 2013 MEMO TO: Board of County Commissioners sitting as Environmental Control Board, Indian River County FROM: Cheryl L. Dunn, R. S. Environmental Control Officer SUBJECT: Report of Activities for First Quarter FY12/13 (October through December, 2012) The following is a summary of enforcement activities conducted by the Environmental Control Office during the above quarter: 1. The Respondent, Juliet Bruno, doing business as Crab Cove, Inc. did come before the hearing board in August, 2012 regarding owned property at 11320 South Indian River Drive, Sebastian, FL 32958. The Respondent had taken corrective actions as to the violations existing on lots 13 and 14 at the time of the hearing. The existing violations on lots 7 and 8 were corrected after the meeting date. A three thousand five hundred dollar ($3,500) civil penalty and fine was entered and the Respondent has entered into a payment plan and continues to make timely payments. Respondent requested an extension of time to connect to water and sewer, this extension was granted after review of Respondent's engineering plans and correspondence with Respondent regarding the same. Respondent was given a five (5) month extension to connect. Respondent has until June 10, 2013 to connect to sewer and water unless additional extensions are necessary and are granted. Respondent has provided the department updates via email correspondence with regard to the sewer connection. Case No. 493-11 (Partial Fine of$1,500 collected) 1900-27th Street ^ O Vero Beach,FL 32960 13 Phone:(772)794-7440 rev.—� Inn ^A— 2. The Respondent, Dewey Root, has owned real property located at 28 South Willow Street, Fellsmere, FL 32948, where he operated a poodle breeding business, known as, Poodles by Dewey. Respondent did attend the August hearing board and a civil penalty in the amount of two thousand dollars ($2,000.00) was levied against him with a five thousand dollar ($5,000.00) suspended penalty due within thirty (30) days if the Respondent did not comply. The Respondent did initiate that he wanted to enter into a payment plan with the Hearing Board, which the Hearing Board was agreeable to offer. On December 6, 2012 the Hearing Board was given information on the case as circumstances had changed with the passing of the Respondent, Dewey Root. The animals were removed from the business and the structure has been reverted to a single family residence. The case will be coming before the Hearing Board in February, 2013 with a recommended amended order as portions of the approved order are no longer applicable. Case No. 499-12 3. Glendale Trade Center case came before the December 2012 hearing board. The facility located at 1995 US Highway 1, Vero Beach, FL 32960 was formerly a gas station and was taken out of service by the former owner in an effort to achieve compliance with the code and laws of the State of Florida. The facility was allowed to be out of service for up to two years without the requirement for the abandoned storage tanks to be removed. At the time Respondent purchased the subject property, the two year time period during which the facility was allowed to be out of service, while the tanks were allowed to remain in the ground had passed. Accordingly, Petitioner notified the Respondent of the existing violation and the need for corrective action with regard to the improperly abandoned storage tanks as required by the Florida Administrative code. Additionally Petitioner advised Respondent at this time that the abandoned tanks which are out of service also require third party financial responsibility to cover costs from releases, as required by the Florida Administrative Code. Respondent requested and was given three (3) continuances of this matter. Ultimately, Petitioner set the matter for the December 2012 hearing board to address the matter. Respondent attended the hearing board and advised board members that Delta Petroleum had been contacted and was scheduled to remove the tanks from the ground on Monday January 7, 2013 which would bring Respondent into compliance with the violations found at the December 6, 2012 hearing board. Respondent received a Civil Penalty of $2,500.00 for the violations found and an additional $2,500.00 suspended penalty if the violations were not remedied within 45 days from the date of the Order. Case No. 495-12 4. This case came before the December 2012 hearing board. At all times pertinent to this action, Respondent, Tina Cruce owned real property located at 16 N. Cypress St. Fellsmere, FL 32948. The property is presently in foreclosure however at the time the matter was investigated and brought before the hearing board, the property was not bank owned. On or about April 19, 2012 the Petitioner inspected the premises and found two (2) violations which constitute a sanitary nuisance and a public health threat. Specifically, the above ground onsite sewage treatment and disposal system on the property was found to be in failure and the septic tank lid and plumbing lines were broken causing a public health threat. There was also a broken well on the property that was found to be leaking water continuously, and improperly treated septic tank effluent was found �-- to be exposed thus causing a sanitary nuisance. There was additional concern for the safety of children as this property is adjacent to a school yard, and the fence between this property and the school yard was damaged. 131 Respondent attended the December 2012 Hearing Board and it was determined that corrective action has been taken as to the well; however, corrective action has not been taken as to the septic tank. A piece of plywood was placed over the cracked septic tank lid which is not an acceptable remedy. Respondent received a Civil Penalty in the amount of $500.00 with an additional $500.00 suspended penalty if the violations were not remedied within 30 days. Respondent was also given the requirement to submit monthly photos and status reports as to the conditions on the property as long as the property is owned by Respondent. Case No. 501-12 5. The Reliable Treasure Coast Indian River Septic case came before the December 2012 Hearing Board. On or about October 14, 2011, Respondent Reliable Treasure Coast Indian River Septic performed work on real property located at 1965 13th Ave. S.W. Vero Beach, FL 32962. Upon inspection of the property by Petitioner, spoils were found to have been buried on site below the newly installed drainfield and the septic system repair failed inspection on October 17, 2011. Respondent was notified that the inspection failed due to the buried spoils, and that the spoils had to be excavated and removed prior to re- inspection. Respondent did correct the violations at issue and agreed to and entered into a Settlement Stipulation regarding this matter and has paid Petitioner a $500.00 civil penalty in connection with entering into the Settlement Stipulation. The Hearing Board approved and adopted the stipulation at the December 2012 Hearing Board. Case No.: 503-12 (Civil Penalty Paid $500.00) 6. The Respondents, Serafina and Salinas Bedolla, owners of real property located at 4115, 4125 and 4135 30th Avenue, Vero Beach, FL 32967 with a parcel of land with three structures containing a total of five living units (multifamily). The three structures have been connected to County sanitary sewer and the septic tanks associated with the failing septic systems have been properly abandoned. Case No. 498-12 (Civil Penalty of$1,000 Paid in Full) 7. The Environmental Health Staff have continued to work with the County Attorney's office regarding revisions to the Grease Interceptor Ordinance. The matter is undergoing final review at the present time and should be finalized and able to be brought before the Board of County Commissioners by March, 2013. 8. Other enforcement matters have been commenced which have not yet been brought before the Hearing Board. cc: Miranda Swanson, MPH, Administrator, Indian River County Health Department Jason Brown, Management and Budget Director, Indian River County Mayur Rao, Business Manager, Indian River County Health Department 132 SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal RECEIVED 1801 U.S. 1, Vero Beach, FL 32960JAN 3 0 2013 SCRIPPS AFFIDAVIT OF PUBLICATION COUNTY ATTORNEY'S OFFICE STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she Is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copvline P l# INDIAN RIVER CO ATTORNEY 2480411 1/26/2013 PUBLIC NOTICE MILLING PROJECT NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES w to and suscribed before me this day of, January 26, 2013, by who is Sherri Cipriani ORIGINAL ,'J<Ppersonally known o me or [ ]who has prod ed as identification. ,4-,----TL Mary T. Byrne Notary Public I~ 4L °:►�' "W"(¢s MARY T BYRNE Notary.PWic-Stag of Eiorida o My Comm..Expires Aug 2,2014 ��a, Commission#EE 7134 •4.1 PUBLIC NOTICE aCO.r MARTIN COUNTY UTILITIES G THE CITY OF STUART t7litro REL H��d2ean SOASfiAH sea Wet 1QJIANSVKIE a 3 'sA FREE CHLORINE MAINTENANCE O �itlY.btic„'p f'aXb7 FORYPIEACE F?Rt asp'.tbf'J x � blOCkt to flshln at t. y5a If¢ 7 M o01 TANGLEWOOD *Ea'fKnc04d paenppe' Lake Ma11N12/2�14% •+�'=�S`-•,, Manias Coun Utilit)ea and the Ci of Stu tl11R0'N owe Family park Pet xlrg•carppoTk 1utCt a 40 mobile central Nc O'- �/i art will t Dorarlly change the method of e4' 'batt ok Over 0 Homos �ku YaUes;:5960 d /ht 90x120'lanced A R. Chlorimting potable water to lassoo the/u- >, tad«ee floor a 7777��5893j71 <a3�6p(77i)56Y 0639 A C q.Ykhttft�PkpPi:U)tl RnancinG ava1L w®ip-2172541 s WEB ID x478166 y tura Mbry of the wn.r. TM Utility wetsr Id Wal(dng I;tanptl 1P G.rrr m$axaaT SOUTH STUART 3 t b;�` Y- sen my. m unusual chlorin•testa flhe TesPtayYaAtay Hame&lot 2brRM s 4 11,r�M iib or odor in their tap wnar during the period H r.Es'hTP Ss'dY 9YY og0 n office&worksnoD '"`aS A-"'�i of January 27th,2013•February 3rd,2013. vi i0T3471.9a51 .`=t'P't Ma[qfF Partldise s75,D0o nx•xa3.7asx pA[rlp, OMIf1E i YadralL restaprt EWF$ID:g4B0Is6'1�f9fC Y�r14 3¢R� Y FELLSMERE � �1'PiulPye�dded These tomporn conditions will not be R111 2.0 A Ptl I l t FI n sTUARr•B Owner 1..1 harmful[o our Manh;how ,if o EL f1SNI NU Zl"'77 3I tumkey 55+Mme8 cb)•6egs he v' on k(dne dui Yuan O I '32f 969.3387 IOL Boaters dream l0 Acros ,000 A Td}d�st pldger 1S y Yaia.You should consult sa WEB-ID-3ABb4W.d 2/2 great Io dpro lq pis pOg `` '� 'y"� your phyvi .n for ap.cisl instructions con- A. .Weep„ A4 guqru; Marlrw,589,900 20 Acres..._._f175,000 AGFIF;A v472Q NE-DC)[t1 F11' (I$IG$$ earning Ihia matter, If yvu have tropical d4N `OPtt4fC'wlde85; 772387.4060 58 Acres Riverhont ,cI�d1JNEeCukL a `� luslN of Me .Ik fish or aquatic animals,you should Conten L WEB 2478823 YeRmP car UP�pRLUNILY>s Tr;;'; HUTCHINSON ISLAND L];fdrrdzhed qeW -----SUMODO ` yid your loo [ropipl fish store for advice and L. Harbour Isle Iter 3ba npplsy.0 carport.&VFAO-Lakefront total IAdams®►roper- `� hth6 .ack take appropriate action to insure that you tt 3 tM Plua mi/I3570 FORT PIERCE 10 69 fEaASTIAN.pest O 0en,house,waterfront s ed, 12000 Call remodel upscale 2/2 Lound have properly treated the water before Inlet view 200ftf bialyy m61i792.51pe s+. w/FL Rm,huge club- buildable acres'KennitdiAueHonseem. ry Mat,gar,x adding n your equartum. 35 best New ST99A00 WEB LD''2248]M6 nee.pool&amenitles "n 0 000 or best offer ► - 512 Lots Liquor Ue 0 772.528•<?a33/161-5723 52a000 m 766t96o �7ai5p�1' ,If DSI 3sx-361-6701 77x-i L3-5071 W Hutchimon laland5 WEB ID 21725, MICCO.1920 sf nodes• WEg ID 11a)T2l did The hydrant flushing during this period U lar mobile,3 x t Kt $ �! m y c....the water to become cloudy 1 C SM►olMs Toyvers �aroe STUARr•Waterhont den,flroDlace, ,tiand discolored. This is a temporary condr 1< a01 S OCMs Unit fob ti �;s P ry M 3br2baupdated& storage shed.Atlult - '. - LOOKING `:� Tri. -so.�s FIND OUT C 11"C.1111 1J^$III 900 fumishe0.tarps living Many xVaz& s n 8 PORT ST.LUCIE LOT- tion and should not last more then a few e3 e� Ca117R-4S5•S1o0 storage 30•boat sIIP amenitles.By own-p -ti:"A',a`sL`i ,l sick owner must hour. .LLa.•.rfr n2.4Ts•7ax IrM,pool ,900 ere Askln9 51x9,900 pUUGF$iALEtS/�LEi 'se11.f5o0 dwn,Dwn• FOR TMrR'S MUSIC In ABOUT THE tL, (" �-'�^ 908-256.2196 Call 772.663.5962" ".or floc.No credit We sincerely repast any Inconvenience you O JENSlTI'fFAG1 t7eW, fT LUCIE -WATER- !checks,sm me, BARGAIN? Classified POWER OF N MRA%171,Sat WEB ID x178373 WEB 10x176002 WAY,LAND LI UI• Pymnt 712-3139601 may.xpenence during Ihia time, Please SuraT/26&-}/zT 13 ►ORT 57 LDCIE•55+, DATION 20 acres,WEg ID 2478388 AdvertlSlnyl keep In mind that this a noussary Ice Pro- >s ta7x NW,Waterwulow �'�• Close to GIM,Lro $188.500.3 miles Find anythlny ADVERTISING code sob water for our customers. '3 a Y of(Us.z/Wln• I ' from pianos ♦/� C I+Ata •I bngM z/x bi9 Iv^n beat Lake Okeecho v/ O LO demere.,take{rpnt �NNNOMES/ i +ended FI ren,shed bee,15 min boat �'It's Always Read For more Information contact Manin Coun- '"+ efenbW x w/full size WD, Atlantic.Private/ y to pareusslon. Irl ry Utilities Customer Service at 772)221. tJ.. ti riffs ':: }' Z _ ,•. bFf0eR4gr'Sf s7900.T7x-I46-9266 gated.Deer,Larkey A Buyer's Treasure Treasure Coast 1434 or the Ci y of Stuart at(772)288. PALM CnY•Palm WEB ID 2480179 h o g s f I s h I n V Treasure coast 6310, W N ` 52801(9419933g7U Cove Yacht CC 2/25 PORT 55+ LgeB)7(6-2259 Gulf Classified Classifieds ZZ O w/IroIaN ovanoo¢ Atlamtic Lan,, Market at Coast asf� O fTU p st L«le River,acm ON ST LUCIE RIVERI &oker. s Thank you for our coo li ME patio boat slip lnU. =_1 Lakes River, �'ea$UrO Coast CIaSSIIIed Y Y Duration. N 4008SE'laCararMast Q r 561-NI.4616 f�tLg212+F Rm Consult snoocrssln.dfartnat tC alm.com 11L SUNDAY WEB ID 2477981 all the Int,aPpp1+tum Treasure Coast Classified car. Wck situ,orcwslc p I-Pub: January 20,26,27,2013 O O Ipm-3pm $22,9 0772- 8-2849 Classll d5torceroer EVERY DAY! dyouraee,aa. classified WEB 2179034 lCoalm.com classified ,s� opDortunitles tree cost ass In•d L 4y = 3 GfM„3 Ona PORT 5T LUCIE•55+ r ape i[L11iNU,F�aC •jj sDanlsn Lakes DoH ,� :y;�-y' ', I- � ,� O Super kitchen end W14a a Lg sPllt 7!! aS��}?1�8A d�i .J2 0 edis186,610FppTj1ERCE•2/2 ACM ,Nott kR r�.ab, ,r � OMEQM_ , lOp1QI[110R>Hlq.:k RT0tK� sLE on lake,scnend vanluar�capettrt �1MA$��8 61iX9�1p6lOB � [QI{tQBI_. ��. U > porch,heated pool, &Irk Dorches,appls 772.f4>22M 011e tennis,dphse $7900 m .2849 A/ are W '►. wASAS50.Open Sat ni•2595 w5}c a t f WEB 2478631 . LL Q1 8 Sun 1.4pm 8766 SESASTUN•Palm lake WEB ID 2179785 v 51st Tart.2br 2ba Club 2a dbl LR w/ courtyard home vault cell DR hoot - - d f170A00712-53x-3195 tnv�mndm� ,.unt {umishad ,. _.,• -...... .Ka -...-::- •F+ WEB ID 2481468 $55K 415.948-5707 ".: ^` ed your q 4/ Call-oflwrMbtassul Beautify yourcne C Am yov11seeTakrwMtsbdMy end ouChecktTreasureQ w ` Coast Classified ? Y� NC R n Ave am-12ba r� flnanfinance L r1 RESOLUTION NO.2013-02 \ �-+ Lies I 3R 1pod A RESOLUTION OF THE BOARD OF COON- _ 1/lac flreu ace, TY COMMISSIONERS OF INDIAN RIVER wood}Its.Just to COUNTY,FLORIDA,PROVIDING FOR d«o0 to$271k m- CERTAIN ASPHALT MILLING IMPROVE- C) b N .4+ 8174 WEB 2479153 MINTS TO 7TH PLACE WEST OF 63RD PAlll CRY Eva roan AVENUE TO 60TH AVENUE IN PINE TREE +' 111 Gub/br3M lrp gar, PARK SUBDIVISION,PROVIDING THE TO- Q) Q) V 36DOsf apdpyrox 1 cr0. TAL ESTIMATED COST,METHOD OF PAY• v l Q R7 n&pW M89XOOM ANNUAL INSTALLMENTS,ANDBLEGAL C 7TZ•285-m DESCRIPTION OF THE AREA SPECIFI• YAW WEB ID 2473812 CALLY BENEFITTED. d PONT ST LUCIE• . L�! ftgyt rrer2br2ba2 WHEREAS,Iha County Public World aDa.,; y LO Cg511505f oder roof mmt Ms barn pnfuoned for Road AsphOrd , rHIE C WNltmore Dr 559,900 Milling Improvement,for 7th Place wan of ,a (M)" 772)�'ua 63rd Avenue to 60th Avenue'the Project'in PORT ST LUCIE-New Pine Tree Park Subdivislon. , C LISTING:772 NW WHEREAS,the connruction of millin tore to Seivltz Rd.34983, =menteby,.peelalaueeamentfundmgis 2300 sf,2 sootyy, authorized by Chapter 206,Section 206.01 tD 3/2.6/2,close to schoolMs,hopping, through 206.09,Indian Rlver County Code; cc Cuerfect for youn77 and con estimates and pro immary assass- famlly,exc roof 6 mento"'have to npined by the Public d bId con0.spacious Works DePertmmC and f (fl MBR,nee window WHEREAS,two public mo.tings Neta held by ' ' V_ throes,nee hrdwere CPgnry Guff Jh the Iandownera end more n throuphout.New then 76%o(lhe prop.M owners a8acted by g"A`"r"'"'-"""""-"""" ...'"' - '•'"'-' C PeroO wM oak firs, 11 i> I' X�I �( lots of bright win• the Pro(.ct m in Favor o having their proper- ^' O down to see your ry spwully eseeesed in order to provide an +ay J N m d Loran sattlop w Lrq fmprovemant to(hair neighborhood;and ;{r., £ d Y WHEREAS,tM County Road and Bridge Divi slate It flan POU IQnwillconspuctthe Project fnorderlo keep ' '} Enjoy It all l your the met of construction to a minimum;and ; ,Q acrnd•In kidnayyy ahapd irt•g 0.pod. NOW THEREFORE,BE IT RESOLVED BY L C New AC.BB on THE BOARD OF COUNTY COMMISSION. yyour Datb.lo s of ERS OF INDIAN RIVER COUNTY,FLORI- f tropics/birds.Ve� DA,as follows: . s. N n I c h a y&w e I I 1,The fore oin recitals are affirmed and roti- C y 4intnd-Almost for. P 9 G otvar Lr fled in theu.mure { y 9 Y o game rye L ren to Dackyrde 2, A project providing for milling improve• is _ _ d Dat of Seeing Is mento to 7th Place wen of 63rd Av.nu.to t I Bell,in?II howing With Avenue In Pins Trot Park Subdivision; Sat 1/12.2/IO from I) Z harnofwa dotignst.d u Publiq Worts Proj- Q y loam i m t o 3 D m. he No.1212 is Mraby.pproved sub to 7 Asking$120K.Call I O >s 4) 772.485.1686 or the terms outlined above and all opD��uble ' 1 $24,308 J t M478.1159 requirements of Chapter 206,at seq.Indian 1 WEB 10 2476999 Rtvar County Code. 3.Thi,.R.soltnfon,hall M published by the 1 O W PrMf ST.LUCIE- Public Works Department one time In the OWNER Vero Beach Preu Journal n.wepap.r. r 1. The total estimated con of the propootd � . 1fl0RN/38Jtp/3NCGG. ,vin and drains•Improvements is NINE- v e p q b yyears dd TY THOUSAND THREE HUNDRED NINETY INE- or DOLLARS and NINETY THREE ants .. = WEB ID 2476949 1590,398,931 fA 2HIM CITY 17a0sf 3/ 6. `TU=_L y given ort pd ownevidedr hu•und- ar.hall,for an icon record owner of ro 3 903 yranita seen pod y g z r .I •,,. ""0 'L.: d 903 ev WMtMrMe Pd em within tM.tea specialty Mnafn•d,b.in new carpK&palest, an am«est pod to that proportion of swan- R. u'J" I 597K obo pose own ty•fiee percent 05%)of the foul con of the } floc m•x9}3216 project plus 2%collection fee($11,341.) X:""' 'R IjWY r WEB ID 2483751 which the number of acreage owned by the MEAgows CAPRI- given owner Mars to the total number of PG Palm Gty,2/x/2, :«nage within the area spaddly Mnafitad x _f Extended LaneL lake 6. Tw. cos nry-five percent(26%)of tM total � m 'i�.,7} M New,Newer AC/ of Ina projaot IS22,699J3)will M paid by tMt r T' 'A8 ,E y sr: RS APDllanas,All TIIa + County and shall coma from the P.ddon Pay.d Aaadlon Shutters In Account Jct' a x a Mova•In CodlUan, �taMr& a Extras.Stgg,9pp 7. Auu.menu an to be Inial against all ' l�l�{ ma2a59b Iota and lads adjoining and contlGGuous or O t0 WEB ID 2474546 bounding and abutting upon the improvr - $- 4� a0 mints or apsaally bendrt.d ih.nby and fur- I '. t RI ,her deetgnabd by the assessment plat with respect to Ne apeslal auessmonts. i 111 8.Agar.xemimhon of the nature and ondd- - 1 gated asap:of this proposed Improvements, $35100 ,r. . 1 1 f 1 TORT PIERCE. tM Bard of C«nhat the Com'I''onas h*da ' t0 ry�j!!Course, yM rhod Hershel reeceive a direct i d#ppecial pMreM a a / ovenooks rse from thea Improv:ment,to wk: / f `a 2 sort poCar Lets B7 throough 20,81 ok A4 t s 11 k D unh N L d nae mtp ah r 2D• I«k ds 1 thr ugh 0, « ,a d �a V balloon .9�o Lote 1 through 10,Block C;Pine Tree Park ' C- tlown pymt rroeqquired Unit No.1 Subdivision,Plat Book 3,Page 38 ' t7) m•5793165 and Lob 13 through 24,Block A;Lots 12 O WEB ID 2479427 ' .- throes h 22,Block B:Lou 1 throesph 12,Block I I I p n-..�i.,..Tock SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal I�`C 1801 U.S. 1, Vero Beach, FL 32960 FEB 0 7 201 SCRIPPS AFFIDAVIT OF PUBLICATION COUNT 3 F1ORNEY`S STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO ATTORNEY 2480831 1/28/2013 PUBLIC HEARING MILLING PROJECT INDIAN RIVER CO ATTORNEY 2/4/2013 e NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES S�orn to and subscri Ped before me this day of, February 04, 2013, by who is Sherri Cipriani ['] personally known to me or [ ] 0)9161 who has Produced as identification. !Nj41 i UL` Mary T. Byrne 1' Notary Public Y apeolreey°P Pte;, MARY T SYRNE "E Notary Public-State of Florida My Comm.Expires Aug 2,2014 Commission#EE 7134 C6 • SCRIPPS TREASURE COAST NEWSPAPERS • MONDAY,FEBRUARY 4,2013 TCPALM.COM CLASSIFIEC IMPORT TREASURE Th ClassifiedCtH Y LOOKING FIND OUT C AUTOMOBILES SPORT UTILITY TRUCKS TRUCKS VEHICLES WANTED COAST Advertising! The#1 "' Find an FORA ABOUT THE JAGUAR-'93.X15 LE%Us-R%900'07 DODGE '091500 MAZDA-B2200'B8, ACASHPRICEupto anythingAdvertising C Convertible,88000 Hyrld Nay,leather,. Quad Cab 4X9 Load- 134K mis,good run- $500 for your junk CLASSIFIED from pianos BARGAIN? POWER OF Source For O miles,Tan w brown local trade loaded, d,40K sale $22,995 n Nig con d.$1250 car,truck,boat,dead Your Source For to percussion. V top ext,Tan Int,2 local trade$21,995 772-489-4646 bo.772-567-4528 or or alive 772379.2961 2 W D6 ABS.trans,/CJAGUAR LAND JAGUAR LAND ROVER WEB772,7 2482696 CARS&SCRAP Metals AQuick Salt: Treasure Coast Recent Bonn aDVERTISING C alloy wheels, FORD- '91 F150 Mr.Scrap,4455 45th Classified tti'A. AM/FM,bucket LINCOLN-Navigator La rrlot 4 wheel - St.772-563-0603 Read fie, Buyers td seats,CD,CC.Roth-l '10 Leather,Loaded, drive,ext cab,142 K JUNK CARS WANTED• Y cg pwr seats,PS Moonroof,Only 24K ml,CO,reliable. RV's Motorcycles, TUrno bucs.bicycle a R; CP, PW,t-top,Good mi$40,995 $950772.3421697 Scrap Metal for intobucks. 'c �r`=J '. cond. Recent 772-489-4646 WEB ID 2480534 VANS CASH Call Set no longer 'x f3•g;'1tiy`tr „ Treasure Coast O brakes and tires. JAGUAR LAND ROVER HONDA-Odyssey'10 772-9403806 1S $5000.Call 508 769- FOOORDFF c5 ew cab. E%4 Leather,sunroof, WEB ID 2482515 needed It's Always ,grrp=' Classifieds L- 6879 NISSAN-Pathfinder 404NOV.20:wheels. 16Kwar2n09-464 items through Classified c alm.com 0 WEB ID 2481832 '08 low'lies'silver running boards/step 525995 772"4844606 Treasure Coast A Buyer's p Q JAGUAR• %0'07 $17,000 772-562.0226 JAGUAR LAND ROVER ( tcpalm.com classifier ` Coupe iLx Trade WEB ID z48o5tta roof,b Bather,moon- Classified Market at EVERY DAY. classified back-up camera, KIA-SEDONA EX'04 Sale$e New RAN GE ROVER.'OB to power winch Red/gray 52K mi. UTILITY TRAILERS snop Classified for profit Sport Super Char e, a One of A Kind 4Cehent condition Treasure Coast Make agate JAGUAR LAND ROVER Sale$34,995 DUMP TRAILER l 14 d Consult ar,tmck,suv,orclass!c Sell the items you no Make ni g succcess a gg your O 39N, 72-49-4646 $4.000772'342"7617 17 21 4x 464 H d sseaeds for cat Classified of yourdreams. /low costonger Treasure a Illnthe JAGUAR•/MR'03 $42,995 772-4844616 772'48ND ROVER WEB ID 2482422 y with Conv.Loaded,401i JAGUAR LAND ROVER JAGUAR LAND ROVER (0 24 473-4654 WEB Classifieds career tcpalm colo clazsified low t r easuae resounding coast British Racing Green ID 2482795 opportunities. Treasure Coast classified 0 FORD•Ranger'07%LT Coast Classified ad. Clssslfads! Q (T. Sale 5Pan 5995 find '09 RANGE HSER9KEWarranty Sper Cab 42K, ANTIQUE U (, �( nz-4644606 Loaded,Sale 739,997 Lo d,snare sale TREASURE -- . uj ty JAGUAR LAND ROVER . 772.489-0646 $12,995 &CLASSIC CARS COAST LU JAGUAR.LAND ROVER 7724844606 CHEVROLET - 2 T Conv ALoadeO Like JAGUAR LAND ROVER corvette stingray CLASSIFIED NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE Li. > New Eoaded.,L95 RANGE ROVER.5rort GMC 4500 Diesel 14' 1976 44,783 miles. The source most rely on IN THE CIRCUIT SION OF THE SUB- Order on Motion you,to the O �, j JAGUAR LAND ROVER '10 HSE.34K m, BOX TRUCK 03, $17,500 negotiable. for information about COURT OF THE 19TH JECT PROPERTY, to Reschedule Fore- the date of the as f certain assistance. O JAGUAR V R'O9 War 772489-46462'995 210k,lift gate,good WEBCall ID 2482 50778 furniture hinge.and a JUDICIAL CIRCUIT, Defendants. closure Sale dated Pendens must file a Please contact Corrie N .� hap 05,500 bo. furnishings. November 5,2012, claim within sixty Johnson,ADA Coor- I.L C Coupe 160,Warsnty, 10GUAR LAND ROVER Cal 1772.288-3222. IN AND FOR ^ ��'/INCe ...I C Loaded,Sale 552,995 WEB 2476073 - MARTIN COUNTY, NOTICE OF entered4 in Civil Case 160)days atter the dinalo r,150 NW LL v+ _ M 1p .772.4644646 S0 ml Noutback'12 FLORIDA FORECLOSURE SALE No. 43-2012-CA- sale. Country Club Drive, cc) JAGUAR LAND ROVER 9K ml,Nay.Leather, GMC Sierra'03 1500 TREASURE CIVIL DIVISION 000398 of the Circuit Suite 117,Port St. C JAGUAR•K(R-513 Moonroof,Loaded, Ext Cab dk gm Well VEHICLES WANTED CASE NO.:NOTICE IS HEREBY Court of the Nine- Ronald R Wolfe& Lucie, FL 34986, C.v.Brl[ish Racing -Warranty$24,995 kept.xtras 16500 COAST 432011CA001463CA GIVEN C7 W Cl- . L Cream LndnTan P2.489-4646 OB0 772-413.1241 AAA AUTO Analysis pursuant een[h Judicial Cif- Associates,P.L, 1771)867-4370 at Z Z LL ILO O„rrgi madefor JAGUAR LAND ROVER WEB ID 2482864 All Makes All Price CLASSIFIED XXXX Final Judgment of cult in and for Martin P.O.Box 15018 least7days before _ -US Price to sell Ranges We buy Cars Foreclosure dated County, Florida, Tampa,Florida your scheduled court \ (I) 772-4844646 • GMC-SLT Sierra Pro Trucks ta Motorcycles Your Money FANNIE MAE('FED- the 14th day of Janu- wherein the Clerk 01 33622.5018 appearance,or im- IL '03,ext cab,leather Est 1991772-260-9707ary,2013,and en- sell Circuit Court will J Y JAGUAR LAND ROVER &loaded.Excellent Manager ERAL NATIONAL (813) 151-0766 mediately upon re- By:O 0 O L. JAGUAR-ZF '09 rad $9,800.call AACURA TO VOLVOS MORTGAGE ASSO- feted in Case No.43 bidderto the highest By: calving this no[ifica- U O Supercharge,loaded, TRUCKS 772466-1965 $TOP$DOLLAR CASH CIATION"), 2011 CA 0000 88 CA for cash on Matthew Wolf fate f the time be- 3 Just Traded 523,995 WE ID 2477272 FOR YOUR VEHICLE CLEAN HOUSE plaintiff, XXX,of the Circuit the 19th dayof Feb- Florida Bar No. fore the scheduled \ W772-4844646 DODGE.Ram'93 1500 772-879.9995 AND CLEAN UP! es Court of the 19TH ruary,2013,at 10:00 92611 a JAGUAR LAND ROVER Ext cab.V8,5$ pd, Have a car or truck for Sell no longer wantedappearance is less to (� j r runs great 52200 solea Aavenise!vou•Il be Beautify out Trour easure TRitems EASURE JACQUELINE J.HARBORCOS_ Judd licit Martin Coul Circuit n .m.via the we finer F1 01 3are NOS Sperson than are hea days; if you •}� yr.1 v a+s/[1•.41.(1/Ia (772)5620207 satlslred with neazure Check ou[ rean TI• L MUSE )CLLa : WEB ID 2479854 coast clazsaied resort:! Coast Classified CLASSIFIED TATES ASSOCI- ty,Florida,wherein ealforec ose.com,rel- with a disability who impaired,call 717. coLp MERCE DEs-BENZ ATES,INC.;USAA ONEWE ST BANK, the to the following needs any accommo-Pub:February 4,11, a y C20 miles 0/110 FEDERAL SAVINGS FSB is the Plaintiff0IE en etdescribed property dalton is order to 2013 ^ V 0 O 67,000 miles,Brili ant BANK('USAA FSB'); and F R E D D E as set forth'n the F- participate in this TCN2482848 LL Li O. •C greyer ext• Int. JOHN D.CONRAD PHIPPS;LISA M. (Judgment,to car. proceeding,you are LL O y leather Int,4 \ CO Z .. 4 cy1,auto trans, NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE A/K/A JOHN DEAN PHIPPS;RICHARD LOT 58A,HARBOR entitled,at no cost to IN THE CIRCUIT 2WD,VIN WDBRF- - CON RAD; UN- MANCILLA;FRANK ESTATES, BEING you,to the provision IN THE CIRCUIT FORECLOSURE SALE If oreciose.00m at 2013 KNOWN TENANT;IN MAN CIL LA; UN- MORE PARTICULAR- of certain assistance. COURT OF THE •4.4 5639065639075 ABS,, COURT OF THE 1 0:D 0 A M. n TCN2482458 POSSESSION OF KNOWN TENANT LY DESCRIBED AS: Please contact Clerk NINETEENTH CO A/C,alloywheels, NINETEENTH NOTICE IS HEREBY 02/19/1017 oI. JUDICIAL CIRCUIT OF 0 O AM/FM,C.CC,dry JUDICIAL CIRCUIT GIVEN THE SUBJECT PROP- TER MARIA OUIN- THEFOT 50 11A BOR tion,noun A0,O era FLORIDA,IN AND pursuant t a lowing EfendRTY, TE AN UNKNOWN ESTATES,LOT SECTION B 100 E Or/e L FOR MARTIN 0 � e bag,leather, (NAND FOR INDIAN Mortgageorl Judgment o- proper Defendants. TENANT ISI;IN POS SECTION Blvd.,Stuart/FL V memory seats, RIVER COUNTY, Forecl s:;" COUNTY y, pass air bag,PDL• FLORIDA dated January Judgin r;,OTICE OF MEETING SESSION OF THE 4,ACCORDING TO 34994 at 772-288- SUBJECTCIVIL DIVISION O sunroof Excellent CML ACTION 11,2013 and entered LOT 3, NOTICE OF PROPERTY THE PLAT THEREOF 5576 at least 7 days CASE NO: C NOTICE OF PUBLIC FORECLOSURE SALE a defendants. The RECORDED IN PLAT before your sched- cond.one lady CASE NO.: Case No.31-2012- LITTLE A.. HEARING ON Clerk of this Court BOOK 3,PAGE 65, uled court appear- . 43-2009-CA-001897 owner.Service es- 31-2012-DIVISION; cult 0317 Court the the INS TOTHEPLAT PROPOSED SPECIAL NOTICE IS HEREBY shall sell to the high- OF THE PUBLIC RE- once,orre immediatelyioi • • T cords.Low miles. GIVENd JPM ORGAN CHASE CO $11.750 080.Call NINETEENTH Judi- THEREOF ON FILE IN ASSESSMENT pursuant to est and best bidder CORDS OF MARTIN upon receiving this C E 772-321-7599, Final Judgment of for cash electronical- COUNTY,FLORIDA. notification if the BANK,NATIONAL C L cz 0 WEBioiae1906 WELL S F A R G 0 tial Circuit in and for THE OFFICE OF THE NOTICE IS HEREBY Foreclosure dated ly at www.Martin.re-Any person claiming time before the ASSOCIATION CO EDBANK,NA, INDIAN RIVER Court- CLERK OF THE CRR- GIVEN that the the 7th day of Janu- alforeclosn he at, aninterest in the sur- scheduled appear.Plaintiff, i--' 0 MERCEDES•Benz Plaintiff, ty,Florida wherein CUI7 COURT IN AND guard of County ary,2013,and en- 10:00 AM on the 19th plus from the sale,if nee is less than 7 vs. Z •_� E3sD'o6,Loaded, vs WELLS FA R G 0 FOR INDIAN RIVER tared in Case No.43- dayAl February, an other than the days;if you are hear-ANDREW WILLIAM Local Trade,sale MATTHEW ROD BANK, NA is the COUNTY,FLORIDA Commissioners of y, y, Indian River County, XX,of 2013,the following property owner as iofe ing or voice im- McMENAMIN,JR., .4..' t O ." • $17,995 772.4844646 WENDROW,et al, P I a i n t i f f and RECORDED IN PLAT Florida,will conduct XX,of the Circuit described property the date of the Lis paired,call 711. JPMORGAN CHASE JAGUAR ROVER Delendantlsl. JOSEPH DEFIGLIA; BOOK 3,PAGE 88; g Court of the 19TH s set forth in said Pendens must fila a Pub:February 4,11, BANK,N.A.;NORTH �•'' V a are the Defendants, SAID LANDS SITU- a public PProoi gra Judicial Circuit in Final Judgment,to claim within 60 days 2013 POINTE TOWN- Q) > U ( ,� MERCEDES PZ co Sider a rosin a g VJ F1216 ml warranty. Pkg NOTICE OF The Clerk of the ATE,LYING IN AND and for Martin Court- 't: after the sale. TCN2482843 - 12K m1 warranty, FORECLOSURE SALE Court will sell to the BEING IN INDIAN special assessmentHOMES,INC.,AND U Q V Nay. Loaded,Sale highest and best bid- RIVER COUNTY, protect mining certain as- ty,Florida,wherein LOT 25,BLOCK 7, UNKNOWN TEN- Cl)� $41,995 g phalt millin im- FANNIE MAE('FED- FIRST ADDITION TO Morris Hardwick ANTS/OWNERS 7724844646 NOTICE IS HEREBY der for cash at FLORIDA. g ERAL NATIONAL ACCORDING PARK, Schneider,LLC IN THE CIRCUIT Defendants. GIVEN pursuant to a www.indian-river.rea-A/KJA 1735 24TH AVE- provements to 7th COURT OF THE C JAGUAR LAND ROVER Place west of 63rd MORTGAGE ASSO- ACCORDING TO THE By:Susan Sparks, NINETEENTH ••-• Final Judgment of Iforeclose.com at NUE,VERO BEACH, Avenue to 60th Ave- Esq.CIATION'1 is the MAP 0 R PLAT NOTICE OF SALE MERCmES+BenZ Mortgage Foreclo- 1 0:0 0 A M, o n FL 32960-3127ipinePlaintiff and JAC- THEREOF AS RE- FEIN:3366 JUDICIAL CIRCUIT O F370'99Loatled,how sure dated January 02119/2013,the fol-Any person claiming park Subdivision in OUELINE J.CON- CORDED IN FLAT 9409 Philadelphia IN AND FLORIDAIN Notice is hereby yiv co Law Mlles,Mint Sale 11 2013 and entered lowing described a interest in the sur- COUNTY,FLORI • CO $8,995 772-4844646 n Case Na,31-2012- g Indian River County, RAD;HARBOR ES- BOOK 3,PAGE 93, Road n,pursuant to Final Q• JAGUAR LAND ROVER property as set forth plus from the sale,if Florida whereby TATES ASSOC!. OF THE PUBLIC RE- Baltimore,Maryland Case@ judgment of Fore- . MERCEDES•Benz CA-000329 of the Cir- I n s a I d F i n a I any,other than the ATES,INC.;USAA CORDS OF MARTIN 91237 43-1070-CA-002331 closure for Plaintifl 'a SL500'03 Conv.2 cult Court f the Judgment: property owner as of property o nets FEDERAL SAVINGS COUNTY,FLORIDA. Mailing Address: C tops,AMG pk;39K, NINETEENTH Judi-LOT 7, BLOCK E, the date of the Lis h se lots and lands BANK entered in this cause g ad'oin, •are ti ('USAA FUR.); Morris Hardwick Bank of America,Na- on January 11,2013, CO stops, Loaded;/ fa tial Circuit in and for OSLO PARK,UNIT Pendens must file a p I or are bound JOHN D.CONRADN ANY PERSON CLAIM- Schneider bona/Association i the Circuit Court kind,mint 2-4x9-64 INDIAN RIVER Court- NO.4,ACCORDING claim within sixty and abutting the A/K/A JOHN DEAN ING AN INTEREST I 5110 Schneider Plaintiff, f Martin County, R JAGUAR LAND ROVER ty'Florida herein T 0 THE PLAT (601 days after the posed Improvements CONRAD; U N- THE SURPLUS Blvd.,Suite 120 Florida,I will sell the Fleet- 'l WELLS F A R G 0 THEREOF,RECORD- sale. Peter Vaccaro and MmeURDHI-Diamante BANK, NA is the ED IN PLAT BOOK 4, (Lots 11-20,Block A; KNOWN TENANT FROM THE SALE,IF Tampa,Florida 33634 property situated it M Lots 71-20,Block B. ISI;IN POSSESSION ANY,OTHER THAN Toll Free: Adriana Vaccaro, •Martin County,Flori ES wagon 95 A/C Plaintiff and PAGE 25, PUBLIC Ronald RWolfe& Lots 1-10,Block D; OF THE SUBJECT THE PROPERTY 1-866-503-0930 Husband d Wife; da describedas: CO M cp Local Trade Low low MATTHEW ROD RECORDS OF IND(- Associates,P.L. r Mariner Viiiage Prop-C O N D O M N U M miles,runs great WENDROW;RAND( AN RIVER COUNTY, P.O.Box 25018 and Lots 1-10,Block PROPERTY de- OWNER AS OF THE MHSinbox@ arty Owners,lne.. UNIT 3, NORTh 0 '!'� 4L•e $1.395 FAITH WENDROW FLORIDA. Tampa,Florida C of Pine Tree Park fendants, The Clerk DATE OF THE LIS 459.11gsource.net Sefendantl5- POINTE TOWN JAGUAR LAND ROVER Unit No.1 It 13-21- of this Court shall PENDENS MUST 97010459-11 NOS HOMES,A CONDO. CO C ADLER A/K/A RAND!A/K/A 1560 SW 18TH 33622-5018 Sion,and Lots 13-24, sell to the highest FILE A CLAIM WITH-If you are a THEF x i� 'Mn5UeL5Hl- Edispe FAITH ADLER A/K/A AVENUE, VERO 18131 251-4766Block 2-22 and best bidder for IN 60 DAYS AFTER with a disability who NOTICE OF SALE /y� O Loaded LowTMlles• RAN DI F. ADLER BEACH,FL 32962 By:Victoria S.Jones Block B;Lots Lots 11-12, cash electronically at THE SALE. needs an commo- WITH MA N UEN D I. N !" W O Sale 512995 A/K/A RAND( F.Any person claiming Florida Bar No. Block D and Lots 1- WWWMartin.realfore dation in order to NOTICE IS HEREBY VIDEO INTEREST IN C 772-4844646 WENDROW;PEPPER- aninterest in the sur- 52252 close.com at,10:00 Dated this 16 dayof GIVEN pursuant to THE COMMON ELE• 11,Block C of Pine participate in tars m .JAGUAR LAND ROVER TREE OWNERS AS- plus from the sale,A F12001415 NOS Tree Park Unit No.4 AM on the 12th day January,2013. i n Order foreclosure sale INS TO ACCORD SOCIATION,INC.; any,other than the Requests for Accom- proceeding,you are SAAB-'98 9005 q of would of February,2013, By:Taryn Brittany entitled,at no cost to Ing foreclosure sale ING TO THE OECLA S- ` Convert Auto new are the Defendants, property owner as of modations by Per- ba assessed. the following de- Jehlen you,to the Drools,. dated January 18, RATION OF CONDO tires gd con,100K The Clerk of the the date of the Lis sons with Disabili- s p 2013,entered in Civil MINIUM THEREOF I7 $2500 717-468-0510 Court will sell to the Pendens must file a ties.If you are a per- g scribed property a Bar Number:97965 of certain assistance. Case No.43-2010- WEBID2982263 The Public Hearin set forth in said Final Submitted by: Please contact Clerk RECORDED IN OFF(• Q N highest and best bid- /aim within sixty son with a disability will be held on Tues- Judgment,to wit: Law Office of of Court Administra- CA-002331 f the Cir- CIAL RECORD BOOK C y SMART- PASSION der for cash at (601 days after the who needs any ac- day,February 11, THE WEST 120 FEET Choice Legal Group, [ion,100 E.Ocean cult Court of the 19th 476,PAGE 2730,AS C '09 12,800 mi,like www.indian-river- sale. commodation in or- OF LOT 29,HARBOR PA. Blvd., Stuart,FL Judicial Circuit in AMENDED FORM new,$0800.777-631- ,eeelforeclose.com at 2013 at 9:05 a.m.,or TIME TO TIME,OF der to participate in ESTATES SECTION 1800 NW 49th Street, 34994 at 772.288- and for Martin Coun- t - 8159 WEB112481469, 1 5 i 0 0 A M, Ronald R Wolfe& this proceeding,you es matter be 2,ACCORDING TO Suite 120 5576 atleast 7 days ty Florida,wherein THEPUBLICOF TIN Z a TD.Loaded.Avalonthen lowing the Led Associates,P.L. are entitled,at the heard,in the County THE PLAT THEREOF,Ft Lauderdale,FL before your Schad- Bank of America;Na- CORDS OF MARTIN 3 co LTD,Loaded,leather, lowin described P.O.Box 25018 cost to you,to Commission Cham- RECORDED IN PLAT 33309 bled court appear- tonal Asa ociation, COUNTY,FLORIDA. moonroot 515,995 Property set forth Tampa,Florida provision of certain BOOK 3,PAGE 65,Tel:19541453-0365 453-0365 ante,or immediate/ Plaintiff Peter y known C >s O 772.4894646 in said F i n a I 33622-5018 assistance.Please bars located on the s Vaccaro and Adriana and common/ JAGUAR LAND ROVER first floor of Buildingg OF THE PUBLIC RE-DESIGNATED upon receivin this as:973 NW SPRUCE Q I--_ Z JLdgment: 18131 251-4766 contact Court Admin- A er the County Ad- CORDS OF MARTIN PRIMARY E-MAIL notification Igf the Vaccaro,Husband RIDGE DR.#3,STU TOYOTA-Corolla 01;4 VILLA 12,PEPPER- By:Victoria S.Jones istration,250 NW and Wife are defen- ••�--' ++ -Doo4 auto.very minist native Com- COUNTY,FLORIDA. FOR SERVICE time before the ART,FL 34994;in Z i fn Door, aUt a-4700 TREE VILLAS,AS RE- Florida Bar No. Country Club Drive, plexi 1801 27th PURSUANT TO FLA. scheduled appear- dant(s),the Clerk of eluding the building CO WEB ID 2483572 CORDED IN OFFI- 52252 Suite 217,Port St. ANY PERSON CLAIM-eR.o JUD.ADMIN 2.516 once is less than 7 Court,CAROLYN Ppurtanances,enc CIAL RECORDS F11041594 NOS Lucie,FL,34986,772- Florid Vero Beach, ING AN INTEREST I eservice@ days;it TIM MANN,will sell fixtures locate, O TOYOTA-Solara•06Florida 31960,at THE SURPLUS le Y you are SLE Conv Low Mlles, BOOK 682, PAGE Requests for Accom- 807-4370 at least 7 which time interest- c 55100 up.com ing or voice fm- to the highest and [herein,at public CD / U Loaded,Leafier, 280,OF THE PUBLIC modations by Per- days before your ed parties may be FROM THE SALE,IF 10-50108 NOS parted,call 711. best bidder for cash sale,to the highest Q - VJ U O .Share$14,795 . RECORDS OF IND(- sons with Disabili- scheduled court ap- heard with respect to ANY,OTHER THAN If you e a person Pub:February 4,11, by electronic sale at and best bidder,fol s. U772-4844646'. AN RIVER COUNTY, ies.If you a area per- pearance,orelmemedi- the proposed project. THE PROPERTY with a disability who 2013 www.martin.realfore cash,Sales will ar O JAGUAR LAND ROVER FLORIDA. son with disability ately upon receiving OWNER AS OF THE needs any accommo- TCN2482834 close.com,beginning h e I d a n I i n a a I Cl) A/K/A 200 CHINABER- who needs any ac- this notification if the Any proposed docu- DATE OF THE LIS datio n in order to at 10:00 A.M.on Feb- www.martin.realforr CO RV LANE, VERO ommoda[ion m or- t ime before the mems may be in. participate in this ruary 19,2013,the cIose.coon on Febro O • BEACH,FL VERO der to participate in hed bet a PENDENS MUST IN THE CIRCUIT followin described 5015 this proceeding, appear- petted by the public FILE A CLAIM WITH- proceeding,you are 9 ary 19, 2013 ai I- ISPORTU1ILITY An g.you nee s less than 7 during regular bust- IN 60 DAYS AFTER entitled,at no cost to COURT E THE Properts at forth 10AM. Any person claiming are entitled,at o days if you are hear- Tress hours 18:30 THE SALE. you,to the provision NINETEENTH n s enact F i n a I Any person denim CADILLAC-Escalade an interest in the sur- cost to you,to the ng r voice im- of certain assistance. JUDICIALCIRCUIT Judgment,4, BL p1 interest h the sur '05 white diamond plus from the sale,If provision of certain m.t 5:00 P.m., Dated this 14th da IN AND FOR MARTIN LOT 4, BLOCK K, paired,call 711. Mondaythrough Fri- y of Please contact Clerk plus from the sale,i' •O loami.all ded,mint conn. any,other than the assistance.Please Pub:February 4,11, clay)at either[he OF- January,2013. of Court Administra- COUNTY,FLORIDA PLAT II OF MARINER any,other than the tut r-4 c rds 1 of a kind property owner es of contact Court Admin- 2013 flee of the Clerk to By:Brad Jason tion,100 E.Ocean CIVIL ACTION VILLAGE,P.U.D.IR), property owner as o' O the date of the Lis istration,250 NW TCN2483174 the Board of Court[ Mitchell Blvd.,Stuart,FL CASE NO.: ACCORDING TO THE the date of the Jif 13) ay M V 523,500 772-231-2746 247860746 pendens must file a Country Club Drive, y 43-2010-CA-000544 PLAT THEREOF,qE- VI/ / CO WEB ID 2978606 y Commissioners r Be Number.99887 34994 t 772-288- pendens must file e d -CHEVROLET-Tahoe /aim within sixty Suite 117 Port St. NOTICE OF SALE the Public Works De- Submitted by: 5576 at least 7 days DIVISION: CORDED IN PLAT claim within 60 da t �/e''y1Fr� 1601 days after the 807.4 FL,34986,772-98 MAID your ached- BOOK 13,PAGE 39 after the sale. Y !� 4 'i0 LTZ,NU.Leather, sale. 807-4370 at leas[7 417W0200116 partment,located in Law Office of before WELLS F A R G 0 PUBLIC RECORDS frtzt� a Moo roof,20 Bu(din A of the Choice Legal Group, bled court appear COWheels,tow pkg Sale days before your#30964 County gPA. ante,or immed!ately BANK,NA, OF MARTIN COUN- TY Dated this dal +I'� 0: O 136,995 772-4844646 Ronald R Wolfe& scheduled court ap SALE ON FEBRUARY Administra Pla'n[iff, FLORIDA j+ '+"'I •a JAGUAR LAND ROVER Associates,P.L. pearance,or immedl- 18,1013 @ 10:00 AM five Complex,1801 1800 NW 49th Street, upon receiving this ys of 20_ 4•'t NO.Box 25018 tel u g Beach,th Street,Vero Suite der120 timebe notification if the Clerk of the Circuit :( , ` COfa CHEVROLET-Tahoe y upon receiving Coilison's Automotive Florida. Ft Lauderdale,FL time before the VINCENT LEZZA,et ANY PERSON CLAIM- Cour 10 LP White/Tan Tampa,Florida this notification if the 1756 Commerce Ave. 33309 scheduled appear- I' ING AN INTEREST Marsha E our L Leather, ersnLof 33622-5018 time before the Vero Beach,FL 32960 Anyone who may Tel:(9541453-0365 ante is less than 7 Defendant(s). IN THE SURPLUS By: ` - 18131 251-4766 scheduled appear-Pub:February 4,2013FROM THE SALE,N I'd. Tr 4•F k up camera By:William A.Malone ante is less than 7 TCN2482463 wink to appeal any DESIGNATED days;if you are hear- DepuryClerl 4, Sc?0"chrome Wheels Florida Bar No. da if you are hear- decision which may PRIMARY E-MAIL ing or voice im- NOTICEOFANY,OTHER THAN O Sale f3&995 28079 i rays O ry voice i m age LO- b e made a[this FOR SERVICE paired,call 711. FORECLOSURE SALE THE PROPERTY Edward B.Pritchard US1 Self Stora OWNER AS OF THE y'C.a JAGUAR LAND ROVER 7711041537 NOS paired,call 711. CATED AT 9893 N. meeting will need t1 RPUJUD. DMIN 2.516 RSUANT TO FLA. 2013 February 4,11 NOTICE IS HEREBY DATE OF THE LIS Kass Shuler, 229.0900 x1309 Requests for Accom-Pub:Februar 4,11, U.S,Hwy.1,Sebes- ensure that everba- DODGE-Ni[r1'07 RT modations b Per- 2013 Y tiara,FL 32958 772- tim record of the eservice@ TCN2482814 GIVEN pursuant to a PENDENS MUST P.O.Boz 800 �,) ^, V Nov.Rear Ent sons with Disabili- TCN24B3165 388-3131 A N- Proceedings I s clegalgroup.eom Final Judgment of FILE A CLAIM WITH-Tampa,FL 33601- OJ ill `1111 C Leather,M1,995 f, NOUNCES THAT A ode,which In- 70-52699 NOS Mortgage Foreclo- IN 60 DAYS AFTER 20800 040 •„4 O sale$11,995 ties.If you area per- IN THE CIRCUIT PUBLIC SALE WILL eludes testimony If you area arson IN THE CIRCUIT sure dated January THE SALE. 320400.097737 NOS CD 772.4844646 with a disability Y 7 COURT OF THE 11,2013 and entered 'O JAGUAR LAND ROVER who n ads n ac- COURT OF THE B E HELD 0 N and evidence upon with a disability who If you area person !GMC•7errain'125LT commoda[ion in or- NINETEENTH 02/23/2013 AT 10:00 which the appeal is needs any accommo- NINETEENTH in Case No.43-2010-Dated this_day of with a