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07/02/2013 (2)
PROCLAMATION HONORING GERALD DAMS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF MANAGEMENT&BUDGET PURCHASING DIVISION WHEREAS, Gerald Davis retired from Indian River County effective June 28, 2013; and WHEREAS, Gerald Davis began his career with Indian River County on October 25, 1991, as Buyer for the Purchasing Department, under General Services On May 6, 2005, Gerald was promoted to the position of Manager, Purchasing, and has continued in that capacity until his retirement, WHEREAS, Gerald Davis served this County and the Public with distinction and self Zessness During his years of service, he was dedicated and his work was greatly appreciated by the employer, citizens, and co-workers alike; and WHEREAS, Gerald Davis was instrumental in many Purchasing initiatives, including but not limited to, an update of the Purchasing Policy, direct purchases which generate sales tax savings, implementation of online bid postings, local preference and purchasing ordinance: During his tenure, he provided services on several major projects including: the County Administration Building, Fire Rescue Station, Indian River Jail expansion, Emergency Operations Center, and numerous road projects; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Gerald Davis' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-one years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend Gerald Davis heartfelt wishes for success in his future endeavors and a happy and prosperous retirement Adopted this 2nd day of July 2013 BOARD OF COUNTY COADHSSIONERS UN INDIAN RIVER COUNTY, FLORIDA O� Q A * oseph E. escher, Chairman I �� Jam` - „�� .:��"' _.. :"',��► � i. 1, ra. �� rr I�J \ rqhis is to certify that i Geraff(Davis \F� r is here 6y presented this y r= t t � L for outstandingpetfonnance / r faithfuf service to Indian l4ver County �j �. .r Board I County1 1 \i / twenty-one 1 service ;r lu 2013 rOn t 28m day 1 v LF 1 j\j1,F / 1 Oro" 1 L F ' '�%-�_. r�•,._ arkµ- .�� rte..,_ �e AM 201�. a 4 ' ` i;,o r., at -nq ul t1V We•Congratulate You, BRIAN ANDREW BECKETT on being'a member.of the 2012 Centennial Class of Eagle Scouts and joining a heritage of 100_years of . Excellence in the'Boy Scouts of America .,:..•;�hsnsansia.d:`��SdR' _ .. By'-earning the Eagle Scout Award_. . "a .iT Continue to strive for Excellence as you serve your fellowman. Always make your rank and your influence count strongly for better .I. " Citizenship-in your home, in your community and in your contacts g ` " with other people. To this you have.pledged your sacred honor. • Joseph E. Flescher, Chairman Indian.River Count Board of County Commissioners �S.S. �•� 1 IF! J! 1 I r 1�� ` `I `,*i LM 6ug .� PPO IeA n-9 Y �, E3,'�>f"r, c �" erre � •" `. ,__ � `_ _. _ �._ _._ We Congratulate You, y g STEVEN RANDALL HAWKINS on being a member of the 2012. Centennial Class of Eagle Scouts and joining a heritage- of 100 years of Excellence in the Boy Scouts of America By earning the Eagle Scout ►ward 1 Continue to strive for Excellence as you serve your:fellow man. a`k i;' �'rJ � �i� , �.o !�! . r �; Alwa s make our rank and : our influence count strongly for better y Y y ��l '' .c � I� Citizenship in your home, in your community and in your contacts . flfl with other people. To this you have. pledged your sacred honor. n Joseph E. Flescher, Chairman :Indian River County Board of County Commissioners +�► 'Y MOT Iss) e"A ... ..... C_ imo 18 n rE. . .. t.. ns • y r We Congratulate"You, - WALTER-EDWIN HUGHIES, JR. ,., on being a member of the 2012 Centennial Class of ►. Eagle Scouts and joining a heritage of 100 years of r '~ ► .��'`� Excellence. in the Boy Scouts-of America By earning the Eagle Scout Award. Continue to strive for Excellence as you serve your fellow man. ��t: =r: � - :•.� ;_ � . Always make your rank and your influence count strongly for better. -is Citizenship in your home, in your community•and in your contacts with other people. To this you have pledged.your sacred honor. Irti, L.. i ' Joseph E. Flescher, Chairman Indian River County Board of County Coimmissioners fir" -• ,. � , ' , � '� ' r ow V1S8 Cori ratulate:you, on becoming a m6 r er. of a select-,group that has' included some .of the. groatest.'lea.ders and innovators �,..; of the United States of America. We:-admire_'.you, for having demonst-ated:an exemplary commitment to:personal ekcellence. We:.,encourage .you, to use those:.hard earned.wings to.soar with confidence and valor.Into the future. -As,-:a citizen of the.United States of America and'devoted public-servant of Indian River County = W.6-thank-you for your courage and dedication. MARCH-21, 2043Joseph E,: -Flesche- :Chairman Board of Countyommissio.ners- Indian River:Co.unty°Commissioner—District,2 I.�nnt� 0- 20t 0 am ass C1 IF9 __- te •r_ ..i � zit _ U_ at'i rat, on COng, Y. r. r: we Congratulate-You;- ZACHARY EDWARDMAES, on being a member of the 2012 Centennial Class of ►� Eagle Scouts and joining a .heritage of 100 years of Excellence in the Boy Scouts of America By earn.i.ng`the �' � Eagle Scout�Award Continue to strive for Excellence as:you serve your fellow man. f I�h-rip S y Always make your�rank and your.influence count strongly for better . Aa W Citizenship in your home, in your community and in your contacts with other people. To this you have pledged your sacred honor. Joseph E. Flescher, Chairman Indian River County Board.of County.Commissioners i i .11®rnt f I - r C ' !as.sw r �•~„' ! nsAUN+ rr We Congratulate You, a ROBERT T. MILLER on being a. member of the 2012 Centennial Class of Eagle Scouts and joining a heritage of 100 years of Excellence in the Boy Scouts-of America By earning the `' r.L Eagle Scout Award Continueto strive for Excellence as you serve your fellow "man. Always make your rank and your influence .count*strongly for better Citizenship in your home, in your community and in your contacts krra..,G . -with otherpeople. To this you have "pledged yoursacred honor. Josep E. Flesche.r; Chairman Indian River County Board of County_ Commissioners `" 1. !+� J t' Y�YY rte.•... I 4`.... \ .18t Conp-. ratu � ,_lass I no : r f - r We Congratulate You, WILLIAM TAYLOR NORMAN on being a member of the•2012 Centennial Class of Eagle Scouts and joining a heritage of.100 years of �r.. -�. Excellence in the Boy,Scouts of America . By earning the . Eagle Sco'ut`Award Continue to strive for Excellence as you serve your fellow man. Always make your rank and your influence count strongly for better Not Citizenship in your home, in your community-and in your contacts. with other people. To this you have pledged your sacred honor. .nr•. - - -- Joseph E. Flescher, Chairman Indian River County Board .of County Commissioners dft ;T! 0-I a• � *:iA -rou at10nsl `o 1f •'N1a h We Congratulate You, ry* 1 BRIAN JASON SMITH 3{"it uhf✓N! "•s. .. on being a member of the 2012 Centennial Class of ' Eagle Scouts.and joining. a herita e.of 100 years of g J g 9 A ' • � � :;A�-,f Excellence in the Boy Scouts of America By earning.the RD Eagle. Scout Award Continue to strive for Excellence as you serve your fellow man.., LI ,.. �•• .ryf I Always make. your rank and your influence count strongly for better PPPLIFF, c• }�' s'k t;,111 999 Citizenship in your home, in your community and in your contacts wB� � with other people. To this you have pledged your sacred honor. Joseph E. Flescher, Chairman Indian River County Board of.County Commissioners Irl July 2, 2013 (W INFORMATIONAL ITEMS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: June 24, 2013 Subject: Member at Large Vacancy on the Children's Services Advisory Committee From: Laura E. Vasquez, Commissioner Assistant District 2 (aw This is notification that the Children's Services Advisory Committee has a vacancy for a Member at Large position. This is a four year term. These meetings are held in the First Floor Conference Room "B1-501» of the County Administration Building "B", 1800 27th Street, Vero Beach, Florida. Anyone interested in serving on the Children's Services Advisory Committee will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A., 180127 th Street, Vero Beach, FL 32960. Applications can be accessed on-line at www.ircgov.com/boards/committee applications or the Board of County Commissioner's Office. (W FABCOAgenda Items\2013\2013 Appointments&ResipationsUnformational-CSAC Vacancy.doc 11 78 INFORMATIONAL ITEMS JULY 2, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: June 17, 2013 Subject: 2013 ELECTION OF PLANNING AND ZONING COMMISSION (P&Z) VICE CHAIRMAN From: Laura E. Vasquez Commissioner Assistant, District 2 At the June 13, 2013 the Planning and Zoning Commission (P&Z) meeting, the members voted to elect, Mr. Todd Brognano as Vice Chairman for 2013 (Replacing Mr. George Hamner) No Board action is required. 12 JEFFREY R. SMITH Clerk of Circuit Court and Comptroller * "' 1801 2 7T" Street �ZpRIpA Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: June 13, 2013 SUBJECT: APPROVAL OF WARRANTS June 7, 2013 to June 13, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of June 7, 2013 to June 13, 2013. Attachment: DB: MS 13 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 299224 6/7/2013 HACH CO 3,142.95 (W 299225 6/7/2013 : FLORIDA POWER AND LIGHT 2,460.24 299226 6/7/2013 : KEN GRIWICKI 2,060.00 299227 6/13/2013 PORT CONSOLIDATED INC 2,593.55 299228 6/13/2013 SPEEDWELL TARGETS 93.25 299229 6/13/2013 STURGIS LUMBER&PLYWOOD CO 133.45 299230 6/13/2013 JORDAN MOWER INC 5,344.71 299231 6/13/2013 ROBINSON EQUIPMENT COMPANY INC 137.85 299232 6/13/2013 TEN-8 FIRE EQUIPMENT INC 1,424.66 299233 6/13/2013 FISHER SCIENTIFIC COMPANY LLC 890.08 299234 6/13/2013 VERO CHEMICAL DISTRIBUTORS INC 629.50 299235 6/13/2013 COPYCO INC DBA 555.17 299236 6/13/2013 VELDE FORD INC 106.95 299237 6/13/2013 AT&T WIRELESS 619.96 299238 6/13/2013 AT&T WIRELESS 1,330.85 299239 6/13/2013 PARALEE COMPANY INC 800.00 299240 6/13/2013 COLD AIR DISTRIBUTORS WAREHOUSE 75.77 299241 6/13/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 52.98 299242 6/13/2013 KELLY TRACTOR CO 305.55 299243 6/13/2013 GENES AUTO GLASS INC 260.00 299244 6/13/2013 GRAYBAR ELECTRIC 556.66 299245 6/13/2013 DEMCO INC 1,300.10 299246 6/13/2013 VERO LAWNMOWER CENTER INC 49.99 299247 6/13/2013 AMERIGAS EAGLE PROPANE LP 3,313.34 299248 6/13/2013 DAILY COURIER SERVICE 1,680.00 299249 6/13/2013 DUVAL FORD 15,332.00 299250 6/13/2013 SLP INVESTMENTS INC 600.00 299251 6/13/2013 HD SUPPLY WATERWORKS,LTD 6,888.20 (W 299252 6/13/2013 BOUND TREE MEDICAL 401.75 299253 6/13/2013 VERO INDUSTRIAL SUPPLY INC 280.58 299254 6/13/2013 SIGNAL GROUP INC 5,755.00 299255 6/13/2013 TIRESOLES OF BROWARD INC 638.52 299256 6/13/2013 XEROX CORP SUPPLIES 938.25 299257 6/13/2013 GENERAL PART INC 1,985.91 299258 6/13/2013 GOODYEAR AUTO SERVICE CENTER 1,125.71 299259 6/13/2013 BAKER&TAYLOR INC 1,184.73 299260 6/13/2013 MIDWEST TAPE LLC 784.79 299261 6/13/2013 LOWES CO INC 3,442.24 299262 6/13/2013 MICROMARKETING LLC 211.95 299263 6/13/2013 K&M ELECTRIC SUPPLY 181.32 299264 6/13/2013 PAUL CARONE 1,025.00 299265 6/13/2013 CLERK OF CIRCUIT COURT 146.64 299266 6/13/2013 INDIAN RIVER COUNTY HEALTH DEPT 250.00 299267 6/13/2013 ROGER J NICOSIA 7,760.00 299268 6/13/2013 CITY OF VERO BEACH 4,759.78 299269 6/13/2013 CITY OF VERO BEACH 526.54 299270 6/13/2013 COMPBENEFITS COMPANY 236.54 299271 6/13/2013 COLONIAL LIFE&ACCIDENT INS CO 105.96 299272 6/13/2013 AMERICAN FAMILY LIFE ASSURANCE CO 14,703.82 299273 6/13/2013 UNITED PARCEL SERVICE INC 47.26 299274 6/13/2013 INDIAN RIVER COUNTY SHERIFF 2,409.46 299275 6/13/2013 FLORIDA GOVERNMENT FINANCE 35.00 299276 6/13/2013 JANITORIAL DEPOT OF AMERICA INC 510.72 299277 6/13/2013 TREASURE COAST HOMELESS SERVICES 3,874.28 299278 6/13/2013 HENRY FISCHER&SONS INC 7,499.00 (W 299279 6/13/2013 PUBLIX SUPERMARKETS 90.00 299280 6/13/2013 PUBLIX SUPERMARKETS 33.90 299281 6/13/2013 WAL MART STORES EAST LP 280.07 1 14 CHECK NBR CK DATE VENDOR AMOUNT 299282 6/13/2013 AAA COOPER TRANSPORTATION INC 126.14 299283 6/13/2013 ROGER CLEVELAND GOLF INC 1,118.16 299284 6/13/2013 TOTAL TRUCK PARTS INC 580.91 299285 6/13/2013 GEOSYNTEC CONSULTANTS INC 1,486.02 299286 6/13/2013 DUMONT COMPANY INC 3,510.00 299287 6/13/2013 INDIAN RIVER HABITAT 168.20 299288 6/13/2013 IRC CHAMBER OF COMMERCE 19,704.65 299289 6/13/2013 ST JOHNS RIVER WATER MGMT DISTRICT 270.00 299290 6/13/2013 FEDERAL EXPRESS 28.18 299291 6/13/2013 PERKINS INDIAN RIVER PHARMACY 113.76 299292 6/13/2013 SIEMENS INDUSTRY INC 1,100.80 299293 6/13/2013 TRAFFIC PARTS INC 3,017.00 299294 6/13/2013 CALLAWAY GOLF SALES COMPANY 90.51 299295 6/13/2013 FLORIDA POWER AND LIGHT 7,621.52 299296 6/13/2013 FLORIDA POWER AND LIGHT 2,121.34 299297 6/13/2013 ACUSHNET COMPANY 597.80 299298 6/13/2013 ROLAND DEBLOIS 38.00 299299 6/13/2013 CITY OF FELLSMERE 188.19 299300 6/13/2013 NEW HORIZONS OF THE TREASURE COAST 745.00 299301 6/13/2013 KENNETH CAMPBELL SENIOR 140.00 299302 6/13/2013 GLOBAL GOLF SALES INC 102.60 299303 6/13/2013 LANGUAGE LINE SERVICES INC 402.05 299304 6/13/2013 JOSEPH A BAIRD 1,063.59 299305 6/13/2013 JASON E BROWN 1,155.03 299306 6/13/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 800.00 299307 6/13/2013 DARRELLS PAINT&BODY INC 741.95 299308 6/13/2013 COX GIFFORD SEAWINDS 425.00 299309 6/13/2013 FLORIDA UC FUND 171.21 299310 6/13/2013 GERALD A YOUNG SR 90.00 (W 299311 6/13/2013 FRED PRYOR SEMINARS 199.00 299312 6/13/2013 EMBASSY SUITES HOTEL 258.00 299313 6/13/2013 ALAN C KAUFFMANN 75.00 299314 6/13/2013 CHILDRENS HOME SOCIETY OF FL 2,750.00 299315 6/13/2013 ADVANCED XEROGRAPHICS IMAGING 7,260.98 299316 6/13/2013 LINDSEY MATHENY 60.00 299317 6/13/2013 TIM GEIB 100.00 299318 6/13/2013 NABORS GIBLIN&NICKERSON PA 128.00 299319 6/13/2013 BRIDGE DESIGN ASSOCIATES INC 3,942.00 299320 6/13/2013 DONADIO AND ASSOCIATES ARCHITECTS 2,918.79 299321 6/13/2013 ARK ELECTRIC OF VERO BEACH 815.00 299322 6/13/2013 DAVIDSON FORD LTD 55,260.19 299323 6/13/2013 HOMETOWN NEWS 120.00 299324 6/13/2013 PERKINS COMPOUNDING PHARMACY 15.00 299325 6/13/2013 ANDRITZ SEPARATION INC 1,219.89 299326 6/13/2013 RUSSELL PAYNE INC 292.95 299327 6/13/2013 CELICO PARTNERSHIP 1,760.44 299328 6/13/2013 ALLSTATE 668.84 299329 6/13/2013 CONTROL SYSTEMS DESIGN INC 2,000.00 299330 6/13/2013 VAN WAL INC 251.00 299331 6/13/2013 MUTUAL OF OMAHA 6,463.60 299332 6/13/2013 JOSEPH W VASQUEZ 125.00 299333 6/13/2013 COMPLETE CLEANING SERVICE 1,440.00 299334 6/13/2013 DASIE BRIDGEWATER HOPE CENTER INC 9,700.27 299335 6/13/2013 NATIONAL NOTARY ASSOCIATION 109.00 299336 6/13/2013 FREDERICK PAUL MAZZA 300.00 299337 6/13/2013 RANDOM HOUSE INC 106.50 299338 6/13/2013 ALAN HILL 685.68 299339 6/13/2013 MILLER BEARINGS INC 2,632.00 299340 6/13/2013 OCLC ONLINE COMPUTER LIBRARY CENTER 376.05 299341 6/13/2013 ERIK BANKS HELFRICH 400.00 2 15 CHECK NBR CK DATE VENDOR AMOUNT 299342 6/13/2013 ANIXTER INC 207.00 299343 6/13/2013 MASTELLER&MOLER INC 3,450.00 299344 6/13/2013 BEACHLAND CLEANING SERVICE 837.00 (W 299345 6/13/2013 CONSTRUCTION MATERIALS 23,883.78 299346 6/13/2013 GLOVER OIL COMPANY INC 25,550.25 299347 6/13/2013 GARY L EMBREY 120.00 299348 6/13/2013 LARRY STEPHEN FAISON 60.00 299349 6/13/2013 JOHN F BAER 4,743.00 299350 6/13/2013 HFB OF FLORIDA LLC 570.00 299351 6/13/2013 SUPREME INTERNATIONAL LLC 320.19 299352 6/13/2013 METRO FIRE PROTECTION SERVICES INC 156.00 299353 6/13/2013 1 ST FIRE&SECURITY INC 989.95 299354 6/13/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 396:18 299355 6/13/2013 KENNY CAMPBELL JR 120.00 299356 6/13/2013 NORMAN GOODMAN 120.00 299357 6/13/2013 HIBU INC 237.00 299358 6/13/2013 JOHNNY B SMITH 90.00 299359 6/13/2013 BACKFLOWGAGE.COM 90.00 299360 6/13/2013 CHARLES A WALKER 120.00 299361 6/13/2013 EAST COAST TREE CO 1,600.00 299362 6/13/2013 PENINSULAR ELECTRIC DISTRIBUTORS INC 44,576.44 299363 6/13/2013 CEMEX 27,124.05 299364 6/13/2013 DANIEL IOFFREDO 60.00 299365 6/13/2013 BENNETT AUTO SUPPLY INC 884.87 299366 6/13/2013 VIRGINIA PINES 438.00 299367 6/13/2013 STERPAL INC 645.00 299368 6/13/2013 DENISE JOHNSON 6.36 299369 6/13/2013 TREASURE COAST SPRINKLERS INC 508.00 299370 6/13/2013 STANDARD LIFE INSURANCE 7,423.25 299371 6/13/2013 STANDARD LIFE INSURANCE OPT 9,644.90 299372 6/13/2013 K'S COMMERCIAL CLEANING 1,510.00 (W 299373 6/13/2013 WILLIAM BOLTON 40.00 299374 6/13/2013 TERESA PULIDO 150.00 299375 6/13/2013 SOUTHEAST POWER SYSTEMS OF ORLANDO 2,378.85 299376 6/13/2013 EXPRESS SUPPLY INC 26,219.84 299377 6/13/2013 ROBERT L MILLER 50.00 299378 6/13/2013 PRECISION SIDEWALK SAFETY CORP 9,704.92 299379 6/13/2013 ELIA FULLER 150.00 299380 6/13/2013 SANDYARACENA 40.00 299381 6/13/2013 PROMOTE YOU LLC 4,251.00 299382 6/13/2013 ALAN S POLACKWICH SR 188.11 299383 6/13/2013 DAVID WALSH&ASSOC 569.00 299384 6/13/2013 CHEMRITE INC 1,000.00 299385 6/13/2013 ALWAYS ON TIME ENTERPRISES INC 1,029.26 299386 6/13/2013 LYON FINANCIAL SERVICES INV 271.70 299387 6/13/2013 ALL AMERICAN PUBLISHING LC 219.00 299388 6/13/2013 RADWELL INTERNATIONAL INC 1,056.00 299389 6/13/2013 SEBASTIAN ELEMENTARY SCHOOL 6.00 299390 6/13/2013 JULIE NORMAN 120.00 299391 6/13/2013 STEVEN AABBOND 40.00 299392 6/13/2013 D R HORTON INC 28,860.00 299393 6/13/2013 JANCY PET BURIAL SERVICE INC 102.00 299394 6/13/2013 MURPHY&WALKER P L 7,687.87 299395 6/13/2013 SAFETY SCHELL CORPORATION 7,167.25 299396 6/13/2013 PACE ANALYTICAL SERVICES INC 5,785.40 299397 6/13/2013 DELRAY MOTORS 129.89 299398 6/13/2013 AG SCAPE SERVICES INC 3,487.34 299399 6/13/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 50.00 (W 299400 6/13/2013 RAYMOND J DUCHEMIN 120.00 299401 6/13/2013 NATIONAL CINEMEDIA LLC 550.00 3 16 CHECK NBR CK DATE VENDOR AMOUNT 299402 6/13/2013 VIDACARE CORPORATION 2,773.99 299403 6/13/2013 ELAINE KANE 150.00 299404 6/13/2013 KEITH GROCHOLL 120.00 (W 299405 6/13/2013 MANCILS TRACTOR SERVICE INC 48,007.30 299406 6/13/2013 TIGHT LINE PRODUCTIONS INC 1,473.00 299407 6/13/2013 MELINDA LOW PAMPALLONA 90.00 299408 6/13/2013 AHEAD LLC 696.53 299409 6/13/2013 GFA INTERNATIONAL INC 2,342.50 299410 6/13/2013 WRIGHT EXPRESS FSC 20,089.04 299411 6/13/2013 COMCAST SPOTLIGHT 332.00 299412 6/13/2013 YP LLC 159.00 299413 6/13/2013 MILNER DISTRIBUTION ALLIANCE 349.19 299414 6/13/2013 GENERAL CHEMICAL PERFORMANCE LLC 3,673.26 299415 6/13/2013 MTD4 PELED LLC 444.00 299416 6/13/2013 WILD TURKEY ESTATES OF VERO LLC 1,669.00 299417 6/13/2013 PAUL JACQUIN&SONS INC 381,689.92 299418 6/13/2013 LINDA GRAHAM 120.00 299419 6/13/2013 VINCENT BURKE 79.80 299420 6/13/2013 TAMATHA R TORRES 90.00 299421 6/13/2013 REPROGRAPHIC SOLUTIONS INC 32.40 299422 6/13/2013 LABOR READY SOUTHEAST INC 6,155.00 299423 6/13/2013 CARDINAL HEALTH 110 INC 126.87 299424 6/13/2013 AMG SF LLC 526.60 299425 6/13/2013 JANET L DRYGULSKI 120.00 299426 6/13/2013 LORI J TAYLOR 719.00 299427 6/13/2013 ALEX MIKLO 60.00 299428 6/13/2013 CRITICAL INFRASTRUCTURE 2,000.00 299429 6/13/2013 REGDRECKA TOLBERT 50.00 299430 6/13/2013 BETH SMITH 50.00 (W 299431 6/13/2013 CAROLYN WALLACE 50.00 299432 6/13/2013 RMG CONSTRUCTION LLC 100.00 299433 6/13/2013 JOHN BORZELL 69.95 299434 6/13/2013 JARRED GRAVELLE 60.00 299435 6/13/2013 AMERICAS BEST AUTOBODY INC 347.36 299436 6/13/2013 CASSANDRA SMITH 50.00 299437 6/13/2013 JUAN ABIEL SOLIS 150.00 299438 6/13/2013 SRM9 ENTERPRISES INC 45.00 299439 6/13/2013 VANESSA MCGAW 45.00 299440 6/13/2013 JULIE GRAVLEE 90.00 299441 6/13/2013 BETH HUTCHINSON 50.00 299442 6/13/2013 SHALONDA HILL 50.00 299443 6/13/2013 NICOLE FARROW 45.00 299444 6/13/2013 HGR CONSTRUCTION 315.12 299445 6/13/2013 DOROTHY DE DOMINICS 80.86 299446 6/13/2013 STROCK&COHEN PA TITLE TRUST ACCT 23.99 299447 6/13/2013 PREMIUM TITLE SERVICES INC FL ESCROW ACCT 25.36 299448 6/13/2013 JULIE REISELBARA 7.56 299449 6/13/2013 UT REFUNDS 211.94 299450 6/13/2013 UT REFUNDS 37.95 299451 6/13/2013 UT REFUNDS 122.53 299452 6/13/2013 UT REFUNDS 301.73 299453 6/13/2013 UT REFUNDS 80.69 299454 6/13/2013 UT REFUNDS 351.78 299455 6/13/2013 UT REFUNDS 50.58 299456 6/13/2013 UT REFUNDS 79.90 299457 6/13/2013 UT REFUNDS 54.27 299458 6/13/2013 UT REFUNDS 73.74 299459 6/13/2013 UT REFUNDS 73.50 (w 299460 6/13/2013 UT REFUNDS 37.63 299461 6/13/2013 UT REFUNDS 167.69 4 17 CHECK NBR CK DATE VENDOR AMOUNT 299462 6/13/2013 UT REFUNDS 22.21 299463 6/13/2013 UT REFUNDS 162.28 299464 6/13/2013 UT REFUNDS 43.52 299465 6/13/2013 UT REFUNDS 26.36 299466 6/13/2013 UT REFUNDS 68.38 299467 6/13/2013 UT REFUNDS 195.55 299468 6/13/2013 UT REFUNDS 51.11 299469 6/13/2013 UT REFUNDS 48.57 299470 6/13/2013 UT REFUNDS 72.20 299471 6/13/2013 UT REFUND 28.35 299472 6/13/2013 UT REFUNDS 39.32 299473 6/13/2013 UT REFUNDS 35.90 299474 6/13/2013 UT REFUNDS 56.85 299475 6/13/2013 UT REFUNDS 44.00 299476 6/13/2013 UT REFUNDS 42.13 299477 6/13/2013 UT REFUNDS 77.13 299478 6/13/2013 UT REFUNDS 52.55 299479 6/13/2013 UT REFUNDS 3.92 299480 6/13/2013 UT REFUNDS 30.49 299481 6/13/2013 UT REFUNDS 34.93 299482 6/13/2013 UT REFUNDS 47.19 299483 6/13/2013 UT REFUNDS 55.76 299484 6/13/2013 UT REFUNDS 22.30 299485 6/13/2013 UT REFUNDS 35.46 299486 6/13/2013 UT REFUNDS 7.11 299487 6/13/2013 UT REFUNDS 1.91 299488 6/13/2013 UT REFUNDS 18.03 299489 6/13/2013 UT REFUNDS 25.44 299490 6/13/2013 UT REFUNDS 77.72 299491 6/13/2013 UT REFUNDS 74.00 299492 6/13/2013 UT REFUNDS 10.59 299493 6/13/2013 UT REFUNDS 49.60 299494 6/13/2013 UT REFUNDS 36.43 299495 6/13/2013 UT REFUNDS 128.76 299496 6/13/2013 UT REFUNDS 7.13 299497 6/13/2013 UT REFUNDS 12.42 299498 6/13/2013 UT REFUNDS 1.36 299499 6/13/2013 UT REFUNDS 35.21 299500 6/13/2013 UT REFUNDS 45.81 299501 6/13/2013 UT REFUNDS 29.66 299502 6/13/2013 UT REFUNDS 20.42 299503 6/13/2013 UT REFUNDS 23.68 299504 6/13/2013 UT REFUNDS 16.23 299505 6/13/2013 UT REFUNDS 73.58 299506 6/13/2013 UT REFUNDS 54.48 299507 6/13/2013 UT REFUNDS 59.00 299508 6/13/2013 UT REFUNDS 41.56 299509 6/13/2013 UT REFUNDS 39.96 299510 6/13/2013 UT REFUNDS 14.17 299511 6/13/2013 UT REFUNDS 30.93 299512 6/13/2013 UT REFUNDS 37.94 299513 6/13/2013 UT REFUNDS 54.17 299514 6/13/2013 UT REFUNDS 37.70 299515 6/13/2013 UT REFUNDS 60.96 299516 6/13/2013 UT REFUNDS 9.80 299517 6/13/2013 UT REFUNDS 32.54 299518 6/13/2013 UT REFUNDS 61.28 299519 6/13/2013 UT REFUNDS 65.39 299520 6/13/2013 UT REFUNDS 37.70 299521 6/13/2013 UT REFUNDS 127.67 5 18 CHECK NBR CK DATE VENDOR AMOUNT 299522 6/13/2013 UT REFUNDS 42.47 299523 6/13/2013 UT REFUNDS 50.61 299524 6/13/2013 UT REFUNDS 43.15 (W 299525 6/13/2013 UT REFUNDS 25.72 299526 6/13/2013 UT REFUNDS 77.14 299527 6/13/2013 UT REFUNDS 79.11 299528 6/13/2013 UT REFUNDS 41.50 299529 6/13/2013 UT REFUNDS 58.13 299530 6/13/2013 UT REFUNDS 21.86 299531 6/13/2013 UT REFUNDS 2.14 299532 6/13/2013 UT REFUNDS 54.74 299533 6/13/2013 UT REFUNDS 20.42 299534 6/13/2013 UT REFUNDS 40.13 299535 6/13/2013 UT REFUNDS 58.29 299536 6/13/2013 UT REFUNDS 200.45 299537 6/13/2013 UT REFUNDS 37.31 299538 6/13/2013 UT REFUNDS 53.59 299539 6/13/2013 UT REFUNDS 36.40 299540 6/13/2013 UT REFUNDS 10.44 299541 6/13/2013 UT REFUNDS 7.50 299542 6/13/2013 UT REFUNDS 64.99 299543 6/13/2013 UT REFUNDS 69.80 299544 6/13/2013 UT REFUNDS 23.50 299545 6/13/2013 UT REFUNDS 84.63 299546 6/13/2013 UT REFUNDS 47.23 299547 6/13/2013 UT REFUNDS 47.72 299548 6/13/2013 UT REFUNDS 76.46 299549 6/13/2013 UT REFUNDS 33.64 299550 6/13/2013 UT REFUNDS 67.69 299551 6/13/2013 UT REFUNDS 16.15 299552 6/13/2013 UT REFUNDS 3.82 299553 6/13/2013 UT REFUNDS 39.09 299554 6/13/2013 UT REFUNDS 24.50 299555 6/13/2013 UT REFUNDS 2.86 299556 6/13/2013 UT REFUNDS 47.95 299557 6/13/2013 UT REFUNDS 28.83 299558 6/13/2013 UT REFUNDS 78.47 299559 6/13/2013 UT REFUNDS 7.09 299560 6/13/2013 UT REFUNDS 39.44 299561 6/13/2013 UT REFUNDS 37.56 299562 6/13/2013 UT REFUNDS 70.68 299563 6/13/2013 UT REFUNDS 63.72 299564 6/13/2013 UT REFUNDS 449.39 299565 6/13/2013 UT REFUNDS 55.60 299566 6/13/2013 UT REFUNDS 25.45 299567 6/13/2013 UT REFUNDS 165.12 299568 6/13/2013 UT REFUNDS 25.26 299569 6/13/2013 UT REFUNDS 64.38 299570 6/13/2013 UT REFUNDS 62.06 299571 6/13/2013 UT REFUNDS 26.64 299572 6/13/2013 UT REFUNDS 35.15 299573 6/13/2013 UT REFUNDS 91.05 299574 6/13/2013 UT REFUNDS 47.07 299575 6/13/2013 UT REFUNDS 12.29 299576 6/13/2013 UT REFUNDS 10.60 299577 6/13/2013 UT REFUNDS 46.70 299578 6/13/2013 UT REFUNDS 10.93 299579 6/13/2013 UT REFUNDS 27.07 299580 6/13/2013 UT REFUNDS 48.99 299581 6/13/2013 UT REFUNDS 78.42 6 19 CHECK NBR CK DATE VENDOR AMOUNT 299582 6/13/2013 UT REFUNDS 35.59 299583 6/13/2013 UT REFUNDS 59.15 299584 6/13/2013 UT REFUNDS 12.96 299585 6/13/2013 UT REFUNDS 39.20 299586 6/13/2013 UT REFUNDS 54.35 299587 6/13/2013 UT REFUNDS 53.42 299588 6/13/2013 UT REFUNDS 11.99 299589 6/13/2013 UT REFUNDS 47.16 299590 6/13/2013 UT REFUNDS 54.35 299591 6/13/2013 UT REFUNDS 37.40 299592 6/13/2013 UT REFUNDS 69.43 299593 6/13/2013 UT REFUNDS 63.67 299594 6/13/2013 UT REFUNDS 48.75 299595 6/13/2013 UT REFUNDS 100.34 299596 6/13/2013 UT REFUNDS 13.07 299597 6/13/2013 UT REFUNDS 78.47 299598 6/13/2013 UT REFUNDS 39.05 299599 6/13/2013 UT REFUNDS 57.01 299600 6/13/2013 UT REFUNDS 36.84 299601 6/13/2013 UT REFUNDS 37.99 299602 6/13/2013 UT REFUNDS 16.11 299603 6/13/2013 UT REFUNDS 28.24 299604 6/13/2013 UT REFUNDS 26.97 299605 6/13/2013 UT REFUNDS 17.68 299606 6/13/2013 UT REFUNDS 66.64 299607 6/13/2013 UT REFUNDS 58.73 299608 6/13/2013 UT REFUNDS 76.12 299609 6/13/2013 UT REFUNDS 49.52 299610 6/13/2013 UT REFUNDS 32.81 (W 299611 6/13/2013 UT REFUNDS 2,356.38 Grand Total: 1,009,110.73 (W 7 20 ELECTRONIC PAYMENT - VISA CARD (W TRANS.NBR DATE VENDOR AMOUNT 1001753 6/11/2013 EVERGLADES FARM EQUIPMENT CO INC 463.75 1001754 6/11/2013 COMMUNICATIONS INTERNATIONAL 564.36 1001755 6/11/2013 HENRY SCHEIN INC 61.20 1001756 6/11/2013 NORTH SOUTH SUPPLY INC 243.40 1001757 6/11/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 75.75 1001758 6/11/2013 INDIAN RIVER BATTERY 321.10 1001759 6/11/2013 INDIAN RIVER OXYGEN INC 1,375.15 1001760 6/11/2013 REPUBLIC SERVICES OF FLORIDA 93.28 1001761 6/11/2013 DAVIDSON TITLES INC 299.80 1001762 6/11/2013 MIKES GARAGE&WRECKER SERVICE INC 115.00 1001763 6/11/2013 APPLE INDUSTRIAL SUPPLY CO 327.68 1001764 6/11/2013 MEEKS PLUMBING INC 150.00 1001765 6/11/2013 ABCO GARAGE DOOR CO INC 203.50 1001766 6/11/2013 ALLIED UNIVERSAL CORP 8,446.35 1001767 6/11/2013 HOMELAND IRRIGATION 127.79 1001768 6/11/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 774.10 1001769 6/11/2013 JOHNSON CONTROLS INC 926.50 1001770 6/11/2013 SOUTHERN COMPUTER WAREHOUSE 110.15 1001771 6/11/2013 APPLE MACHINE&SUPPLY CO 1,798.00 1001772 6/11/2013 FERGUSON ENTERPRISES INC 932.43 1001773 6/11/2013 RECHTIEN INTERNATIONAL TRUCKS 1,451.31 1001774 6/11/2013 GREAT SOUTHERN CONSTRUCTION 758.15 1001775 6/11/2013 POLYDYNE INC 2,576.00 1001776 6/11/2013 CAPITAL OFFICE PRODUCTS 234.31 1001777 6/11/2013 HARCROS CHEMICALS,INC. 6,419.18 1001778 6/11/2013 AUTO PARTNERS LLC 157.42 1001779 6/11/2013 L&L DISTRIBUTORS 24.00 1001780 6/11/2013 S&S AUTO PARTS 561.11 (W 1001781 6/11/2013 HYDRA SERVICE(S)INC 17,885.70 1001782 6/11/2013 HORIZON DISTRIBUTORS INC 361.04 1001783 6/11/2013 BERMUDA SANDS APPAREL LLC 1,502.28 1001784 6/12/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 29.67 1001785 6/12/2013 SAFETY PRODUCTS INC 12.92 1001786 6/12/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 103.08 1001787 6/12/2013 INDIAN RIVER BATTERY 199.00 1001788 6/12/2013 REPUBLIC SERVICES OF FLORIDA 42.92 1001789 6/12/2013 GALLS AN ARAMARK CO 44.50 1001790 6/12/2013 RECHTIEN INTERNATIONAL TRUCKS 121.18 1001791 6/12/2013 SOUTHERN JANITOR SUPPLY INC 1,465.33 1001792 6/12/2013 S&S AUTO PARTS 98.10 1001793 6/12/2013 STAT MEDICAL DISPOSAL INC 365.00 1001794 6/13/2013 EVERGLADES FARM EQUIPMENT CO INC 73.33 1001795 6/13/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 28.64 1001796 6/13/2013 HENRY SCHEIN INC 7,144.10 1001797 6/13/2013 INDIAN RIVER OXYGEN INC 82.25 1001798 6/13/2013 RING POWER CORPORATION 1,016.50 1001799 6/13/2013 REPUBLIC SERVICES OF FLORIDA 230.76 1001800 6/13/2013 DAVES SPORTING GOODS&TROPHIES 113.00 1001801 6/13/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 428.37 1001802 6/13/2013 SOUTHERN COMPUTER WAREHOUSE 3,711.98 1001803 6/13/2013 SEBASTIAN OFFICE SUPPLY CO 8.29 1001804 6/13/2013 COMMUNITY ASPHALT CORP 2,032.52 1001805 6/13/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 1,504.34 1001806 6/13/2013 MIDWEST MOTOR SUPPLY CO 193.83 1001807 6/13/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 268.08 1001808 6/13/2013 SOUTHERN JANITOR SUPPLY INC 109.33 1001809 6/13/2013 CAPITAL OFFICE PRODUCTS 851.37 1001810 6/13/2013 S&S AUTO PARTS 145.08 1 21 TRANS.NBR DATE VENDOR AMOUNT 1001811 6/13/2013 STAT MEDICAL DISPOSAL INC 330.00 1001812 6/13/2013 OFFICE DEPOT BSD CUSTOMER SVC 1,265.23 1001813 6/13/2013 WASTE MANAGEMENT INC 72.19 (W Grand Total: 71,430.68 (W 2 22 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2460 6/7/2013 NATIONWIDE SOLUTIONS RETIREMENT 298.48 2461 6/7/2013 : FLORIDA LEAGUE OF CITIES,INC 5,172.39 2462 6/7/2013 ICMA RETIREMENT CORPORATION 13,968.08 2463 6/7/2013 : NACO/SOUTHEAST 53,239.60 2464 6/7/2013 ICMA RET CORP 1,910.00 2465 6/7/2013 IRC FIRE FIGHTERS ASSOC 6,120.00 2466 6/7/2013 IRS-PAYROLL TAXES 13,632.61 2467 6/7/2013 : FL SDU 7,244.47 2468 6/10/2013 IRS-PAYROLL TAXES 374,801.23 2469 6/11/2013 SENIOR RESOURCE ASSOCIATION 239,432.72 Grand Total: 715,819.58 1 23 4� JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27TH Street �ZpRIpA Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: JUNE 20,2013 SUBJECT: APPROVAL OF WARRANTS JUNE 14,2013 to JUNE 20, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of JUNE 14, 2013 to JUNE 20, 2013. Attachment: DB: MS 24 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 299612 6/14/2013 DAILY DOSE CAFE 936.55 299613 6/19/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 299614 6/19/2013 CHAPTER 13 TRUSTEE 277.30 299615 6/19/2013 UNITED WAY OF INDIAN RIVER COUNTY 849.94 299616 6/19/2013 TEAMSTERS LOCAL UNION#769 5,143.00 299617 6/19/2013 MISDU MICHIGAN STATE 445.75 299618 6/19/2013 NEW JERSEY FAMILY SUPPORT CENTER 330.00 299619 6/19/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 214.29 299620 6/19/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 217.20 299621 6/19/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 121.19 299622 6/20/2013 PORT CONSOLIDATED INC 771.84 299623 6/20/2013 FLORIDA DETROIT DIESEL ALLISON 45.59 299624 6/20/2013 JORDAN MOWER INC 754.59 299625 6/20/2013 TEN-8 FIRE EQUIPMENT INC 386.12 299626 6/20/2013 VERO CHEMICAL DISTRIBUTORS INC 882.60 299627 6/20/2013 COPYCO INC DBA 134.50 299628 6/20/2013 RICOH USA INC 24.01 299629 6/20/2013 VELDE FORD INC 1,330.94 299630 6/20/2013 RUSSELL CONCRETE INC 930.00 299631 6/20/ 13 AT&T WIRELESS 136.03 299632 6/20/2013 AT&T WIRELESS 83.53 299633 6/20/2013 AT&T WIRELESS 145.44 299634 6/20/2013 DATA FLOW SYSTEMS INC 384.50 299635 6/20/2013 PARALEE COMPANY INC 2,395.00 299636 6/20/2013 COLD AIR DISTRIBUTORS WAREHOUSE 1,245.93 299637 6/20/2013 GRAINGER 570.92 299638 6/20/2013 KELLY TRACTOR CO 3,361.51 299639 6/20/2013 HACH CO 757.23 (W 299640 6/20/2013 AKZO NOBEL COATINGS INC 447.28 299641 6/20/2013 PHYSIO CONTROL INC 914.38 299642 6/20/2013 ALLIED ELECTRONICS INC 89.53 299643 6/20/2013 SLP INVESTMENTS INC 600.00 299644 6/20/2013 RELIABLE SEPTIC AND SERVICE 45.00 299645 6/20/2013 HD SUPPLY WATERWORKS,LTD 772.09 299646 6/20/2013 BOUND TREE MEDICAL 1,923.40 299647 6/20/2013 EGP INC 168.25 299648 6/20/2013 VERO INDUSTRIAL SUPPLY INC 272.30 299649 6/20/2013 EXPRESS REEL GRINDING INC 2,500.00 299650 6/20/2013 BARTH CONSTRUCTION INC 87,767.54 299651 6/20/2013 CARTER ASSOCIATES INC 57,600.68 299652 6/20/2013 CAMPANA REALTY INC 54.00 299653 6/20/2013 XEROX CORP SUPPLIES 233.46 299654 6/20/2013 GENERAL PART INC 879.27 299655 6/20/2013 GOODYEAR AUTO SERVICE CENTER 149.01 299656 6/20/2013 BAKER&TAYLOR INC 3,796.52 299657 6/20/2013 GROVE WELDERS INC 439.96 299658 6/20/2013 MIDWEST TAPE LLC 809.14 299659 6/20/2013 LOWES CO INC 1,097.72 299660 6/20/2013 PRECISION CONTRACTING SERVICES INC 201,274.00 299661 6/20/2013 MICROMARKETING LLC 95.93 299662 6/20/2013 K&M ELECTRIC SUPPLY 9.81 299663 6/20/2013 FIRST HOSPITAL LABORATORIES INC 204.00 299664 6/20/2013 CENGAGE LEARNING CORPORATION 1,466.01 299665 6/20/2013 PALM TRUCK CENTERS INC 910.00 299666 6/20/2013 SOFTWARE HARDWARE INTEGRATION 7,715.21 299667 6/20/2013 RELIABLE POLY JOHN 59.85 299668 6/20/2013 SUNSHINE REHABILATION CENTER OF IRC INC 60.00 299669 6/20/2013 GRACES LANDING LTD 367.00 1 25 CHECK NBR CK DATE VENDOR AMOUNT 299670 6/20/2013 RIVER PARK ASSOCIATES 776.00 299671 6/20/2013 CLERK OF CIRCUIT COURT 2,296.39 299672 6/20/2013 CLERK OF CIRCUIT COURT 3,149.95 299673 6/20/2013 CITY OF VERO BEACH 94,386.77 299674 6/20/2013 INDIAN RIVER ALL FAB INC 250.27 299675 6/20/2013 UNITED PARCEL SERVICE INC 16.09 299676 6/20/2013 INDIAN RIVER COUNTY SHERIFF 240,984.00 299677 6/20/2013 B/C B/S OF FL ADM FEE 33,366.60 299678 6/20/2013 JANITORIAL DEPOT OF AMERICA INC 1,795.71 299679 6/20/2013 TREASURE COAST HOMELESS SERVICES 26,158.50 299680 6/20/2013 HENRY FISCHER&SONS INC 935.00 299681 6/20/2013 HUMANE SOCIETY 32,025.00 299682 6/20/2013 PUBLIX SUPERMARKETS 34.15 299683 6/20/2013 PUBLIX SUPERMARKETS 79.26 299684 6/20/2013 AQUAGENIX 91.00 299685 6/20/2013 GEOSYNTEC CONSULTANTS INC 4,835.56 299686 6/20/2013 DUMONT COMPANY INC 1,302.50 299687 6/20/2013 INDIAN RIVER HABITAT 6,714.06 299688 6/20/2013 IRC CHAMBER OF COMMERCE 9,243.71 299689 6/20/2013 FEDERAL EXPRESS 51.68 299690 6/20/2013 CENTRAL A/C&REFRIGERATION SUPPLY 1,095.00 299691 6/20/2013 TYLER TECHNOLOGIES INC 118,952.47 299692 6/20/2013 CALLAWAY GOLF SALES COMPANY 37.50 299693 6/20/2013 SUBSTANCE AWARENESS COUNCIL OF IRC INC 13,409.46 299694 6/20/2013 FLORIDA POWER AND LIGHT 48,917.65 299695 6/20/2013 ACUSHNET COMPANY 157.49 299696 6/20/2013 MIKE CLIFFORD 300.00 299697 6/20/2013 KENNETH SCOTT ELLIS 6.68 299698 6/20/2013 TAYLOR MADE GOLF CO INC 26.52 299699 6/20/2013 CITY OF FELLSMERE 17.95 (W 299700 6/20/2013 PEACE RIVER ELECTRIC COOP INC 305.00 299701 6/20/2013 NEW HORIZONS OF THE TREASURE COAST 22,812.83 299702 6/20/2013 PRISON REHABILITATIVE IND&DIV ENT INC 515.00 299703 6/20/2013 KENNETH CAMPBELL SENIOR 120.00 299704 6/20/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 299705 6/20/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 299706 6/20/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,000.00 299707 6/20/2013 HOMELESS FAMILY CENTER INC 5,838.05 299708 6/20/2013 BE SAFE SECURITY ALARMS INC 117.00 299709 6/20/2013 GERALD A YOUNG SR 90.00 299710 6/20/2013 GREY HOUSE PUBLISHING 2,218.50 299711 6/20/2013 RANGE ROAD MINE LLC 3,009.08 299712 6/20/2013 PITNEY BOWES INC 165.00 299713 6/20/2013 THE FLORIDA BAR 300.00 299714 6/20/2013 ADVANCED XEROGRAPHICS IMAGING 1,802.08 299715 6/20/2013 IDEA GARDEN ADVERTISING 150.00 299716 6/20/2013 LINDSEY MATHENY 40.00 299717 6/20/2013 BRIDGE DESIGN ASSOCIATES INC 1,023.75 299718 6/20/2013 PINNACLE GROVE LTD 130.00 299719 6/20/2013 VERO CLUB PARTNERS LTD 1,916.00 299720 6/20/2013 C&C ELECTRIC WORKS INC 410.00 299721 6/20/2013 SOUTHERN PLUMBING INC 242.00 299722 6/20/2013 ECONOLITE CONTROL PRODUCTS INC 36,217.00 299723 6/20/2013 THE PALMS AT VERO BEACH 1,506.89 299724 6/20/2013 SANDRA SEELEY 7.50 299725 6/20/2013 RUSSELL PAYNE INC 518.07 299726 6/20/2013 CELICO PARTNERSHIP 284.31 299727 6/20/2013 STEPHEN AND SANDRA MAILLET 107.00 299728 6/20/2013 JEAN PETERS 250.00 299729 6/20/2013 EDUARDO RIVERA 50.07 2 26 CHECK NBR CK DATE VENDOR AMOUNT 299730 6/20/2013 CINTAS CORPORATION NO 2 500.00 299731 6/20/2013 VAN WAL INC 619.00 299732 6/20/2013 JOSEPH W VASQUEZ 75.00 299733 6/20/2013 THE CLEARING COMPANY LLC 1,880.00 299734 6/20/2013 RANDOM HOUSE INC 285.75 299735 6/20/2013 ALAN HILL 404.86 299736 6/20/2013 CENTRAL PUMP&SUPPLY INC 29.75 299737 6/20/2013 UNITED FOR FAMILIES 150.00 299738 6/20/2013 MASTELLER&MOLER INC 22,750.00 299739 6/20/2013 AWERBACH&COHN PA 1,750.30 299740 6/20/2013 STAPLES INC&SUBSIDIARIES INC 52.86 299741 6/20/2013 GLOVER OIL COMPANY INC 54,903.11 299742 6/20/2013 GARY L EMBREY 100.00 299743 6/20/2013 BILL BRESSETT 80.00 299744 6/20/2013 LARRY STEPHEN FAISON 60.00 299745 6/20/2013 JOHN DEERE LANDSCAPE 600.00 299746 6/20/2013 JOHN F BAER 171.00 299747 6/20/2013 SUPREME INTERNATIONAL LLC 152.55 299748 6/20/2013 METRO FIRE PROTECTION SERVICES INC 51.50 299749 6/20/2013 1 ST FIRE&SECURITY INC 157.00 299750 6/20/2013 KELLY J TURNER JR 60.00 299751 6/20/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 619.82 299752 6/20/2013 KENNY CAMPBELL JR 120.00 299753 6/20/2013 SUNCOAST REALTY&RENTAL MANAGEMENT LLC 1,479.00 299754 6/20/2013 PETER OBRYAN 51.49 299755 6/20/2013 PAK MAIL 145.50 299756 6/20/2013 JOHNNY B SMITH 155.00 299757 6/20/2013 CHARLES A WALKER 120.00 299758 6/20/2013 INDIAN RIVER RDA LP 400.00 299759 6/20/2013 DANIEL IOFFREDO 60.00 299760 6/20/2013 BENNETT AUTO SUPPLY INC 292.08 299761 6/20/2013 RENAE CHANDLER 190.00 299762 6/20/2013 MARINCO BIOASSAY LABORATORY INC 2,950.00 299763 6/20/2013 K'S COMMERCIAL CLEANING 800.00 299764 6/20/2013 ELECSYS INTERNATIONAL CORP 483.46 299765 6/20/2013 DURAFLEX SPRINGBOARD 15,000.00 299766 6/20/2013 TOP DRAWER CABINETRY&CARPENTRY LLC 655.95 299767 6/20/2013 ADETAYO ADELAKUN 70.40 299768 6/20/2013 TRITEL INC 99.00 299769 6/20/2013 WILLIAM BOLTON 160.00 299770 6/20/2013 BRENT GREGORY 400.00 299771 6/20/2013 SANDY ARACENA 120.00 299772 6/20/2013 ROBIN MILLER 282.99 299773 6/20/2013 DAILY DOSE CAFE 936.00 299774 6/20/2013 CORPORATE CARE WORKS 1,102.20 299775 6/20/2013 RADWELL INTERNATIONAL INC 281.50 299776 6/20/2013 BOULEVARD TIRE CENTER 1,073.08 299777 6/20/2013 LINDSEY GARDENS 11 LTD 500.00 299778 6/20/2013 STEVEN A ABBOND 120.00 299779 6/20/2013 IDW LLC 899.00 299780 6/20/2013 BOCA RATON RESORT 447.00 299781 6/20/2013 YOUR AQUA INSTRUCTOR LLC 300.00 299782 6/20/2013 ROSARIO S ESCOBAR 232.00 299783 6/20/2013 PACE ANALYTICAL SERVICES INC 1,106.80 299784 6/20/2013 DELRAY MOTORS 648.04 299785 6/20/2013 WAHOO REALTY INC 500.00 299786 6/20/2013 RAYMOND J DUCHEMIN 140.00 299787 6/20/2013 KEITH GROCHOLL 120.00 299788 6/20/2013 CITRIX ONLINE LLC 1,188.00 299789 6/20/2013 AHEAD LLC 272.93 3 27 CHECK NBR CK DATE VENDOR AMOUNT 299790 6/20/2013 YP LLC 142.30 299791 6/20/2013 HAYES E GOVERNMENT RESOURCES INC 40.00 299792 6/20/2013 HIGHMARK STOP LOSS 11,048.72 299793 6/20/2013 ALCURT VERO BEACH LLC 1,086.00 299794 6/20/2013 SHAWN GINN 60.00 299795 6/20/2013 AMERICAN MESSAGING SERVICES LLC 23.82 299796 6/20/2013 CROM CORPORATION 18,200.00 299797 6/20/2013 CONSTELLATION TECHNOLOGY CORP 300.00 299798 6/20/2013 RAFTELIS FINANCIAL CONSULTANTS INC 670.00 299799 6/20/2013 JULIE KOSHAREK 50.00 299800 6/20/2013 KELLIE P KIELBASA 220.00 299801 6/20/2013 BROADAX SYSTEMS INC 1,937.54 299802 6/20/2013 JOYCE ANN KETLAR 465.00 299803 6/20/2013 EXCEL AUTOMATION LLC 150.64 299804 6/20/2013 LA MESA RV CENTER 200.00 299805 6/20/2013 KYLE ANDERSON 500.00 299806 6/20/2013 BLTREJV3 PALM BEACH 833.00 299807 6/20/2013 ADAMS FENCE 2 LLC 3,935.00 299808 6/20/2013 ALEX MIKLO 40.00 299809 6/20/2013 JILLIAN SCHIRMER 50.00 299810 6/20/2013 BRANDI WARREN 50.00 299811 6/20/2013 INFOR(US)INC 2,456.45 299812 6/20/2013 YOLANDA RICHARDSON 50.00 299813 6/20/2013 GRACE LUTHERAN CHURCH OF VERO BEACH 1,484.59 299814 6/20/2013 UT REFUNDS 40.41 299815 6/20/2013 UT REFUNDS 47.36 299816 6/20/2013 UT REFUNDS 58.52 299817 6/20/2013 UT REFUNDS 12.19 299818 6/20/2013 UT REFUNDS 56.79 299819 6/20/2013 UT REFUNDS 58.34 299820 6/20/2013 UT REFUNDS 11.77 299821 6/20/2013 UT REFUNDS 25.10 299822 6/20/2013 UT REFUNDS 36.25 299823 6/20/2013 UT REFUNDS 46.71 299824 6/20/2013 UT REFUNDS 194.88 299825 6/20/2013 UT REFUNDS 43.70 299826 6/20/2013 UT REFUNDS 56.02 299827 6/20/2013 UT REFUNDS 12.14 299828 6/20/2013 UT REFUNDS 24.35 299829 6/20/2013 UT REFUNDS 12.05 299830 6/20/2013 UT REFUNDS 4.75 299831 6/20/2013 UT REFUNDS 40.78 299832 6/20/2013 UT REFUNDS 10.44 299833 6/20/2013 UT REFUNDS 7.89 299834 6/20/2013 UT REFUNDS 66.39 299835 6/20/2013 UT REFUNDS 51.18 299836 6/20/2013 UT REFUNDS 3.06 299837 6/20/2013 UT REFUNDS 75.16 299838 6/20/2013 UT REFUNDS 59.96 299839 6/20/2013 UT REFUNDS 65.07 Grand Total: 1,284,065.45 (W 4 28 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2470 6/14/2013 CDM SMITH INC 8,021.10 2471 6/14/2013 VETERANS COUNCIL OF I R C 6,059.31 2472 6/14/2013 PROCTOR CONSTRUCTION CO,INC 124,407.95 2473 6/17/2013 BANK OF AMERICA 24,334.17 2474 6/19/2013 SCHOOL DISTRICT OF I R COUNTY 70,863.00 2475 6/19/2013 I R C HEALTH INSURANCE-TRUST 454,324.98 Grand Total: 688,010.51 1 29 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1001814 6/17/2013 COMMUNICATIONS INTERNATIONAL 680.00 1001815 6/17/2013 INDIAN RIVER OXYGEN INC 81.25 1001816 6/17/2013 GALLS AN ARAMARK CO 78.00 1001817 6/17/2013 THE EXPEDITER 37.49 1001818 6/17/2013 ARAMARK UNIFORM&CAREERAPPAREL LLC 141.40 1001819 6/17/2013 BARKER ELECTRIC,AIR CONDITIONING 2,025.00 1001820 6/17/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 371.79 1001821 6/17/2013 S& S AUTO PARTS 33.26 1001822 6/17/2013 WRIGHT FASTENER COMPANY LLC 249.50 1001823 6/18/2013 EVERGLADES FARM EQUIPMENT CO INC 754.66 1001824 6/18/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 379.92 1001825 6/18/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 136.54 1001826 6/18/2013 INDIAN RIVER BATTERY 296.45 1001827 6/18/2013 REPUBLIC SERVICES OF FLORIDA 164.93 1001828 6/18/2013 MIKES GARAGE&WRECKER SERVICE INC 50.00 1001829 6/18/2013 HOMELAND IRRIGATION 47.07 1001830 6/18/2013 RECORDED BOOKS LLC 99.00 1001831 6/18/2013 ARAMARK UNIFORM&CAREERAPPAREL LLC 368.48 1001832 6/18/2013 DEERE&COMPANY 598.84 1001833 6/18/2013 ESRIINC 2,765.00 1001834 6/18/2013 S&S AUTO PARTS 109.15 1001835 6/18/2013 EAST COAST ANIMAL MEDICAL CENTER 28.00 1001836 6/18/2013 HYDRA SERVICE(S)INC 3,307.60 1001837 6/19/2013 REPUBLIC SERVICES OF FLORIDA 94,281.30 1001838 6/19/2013 REPUBLIC SERVICES OF FLORIDA 94,281.29 1001839 6/19/2013 REPUBLIC SERVICES OF FLORIDA 119,527.45 1001840 6/19/2013 REPUBLIC SERVICES OF FLORIDA 119,527.47 1001841 6/19/2013 EVERGLADES FARM EQUIPMENT CO INC 47.53 (W 1001842 6/19/2013 CONTECH ENGINEERED SOLUTIONS LLC 374.92 1001843 6/19/2013 COMMUNICATIONS INTERNATIONAL 284.74 1001844 6/19/2013 NORTH SOUTH SUPPLY INC 97.49 1001845 6/19/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 47.47 1001846 6/19/2013 ALLIED UNIVERSAL CORP 8,314.90 1001847 6/19/2013 ARAMARK UNIFORM&CAREERAPPAREL LLC 543.35 1001848 6/19/2013 FERGUSON ENTERPRISES INC 1,036.00 1001849 6/19/2013 AUTO PARTNERS LLC 295.26 1001850 6/19/2013 AT&T 27,571.09 1001851 6/19/2013 OFFICE DEPOT BSD CUSTOMER SVC 1,461.66 1001852 6/20/2013 REPUBLIC SERVICES OF FLORIDA 2,306.57 1001853 6/20/2013 REPUBLIC SERVICES OF FLORIDA 11,579.06 1001854 6/20/2013 REPUBLIC SERVICES OF FLORIDA 29.60 1001855 6/20/2013 REPUBLIC SERVICES OF FLORIDA 29.60 1001856 6/20/2013 REPUBLIC SERVICES OF FLORIDA 33,832.56 1001857 6/20/2013 PARKS RENTAL&SALES INC 1,616.24 1001858 6/20/2013 INDIAN RIVER OXYGEN INC 1,602.00 1001859 6/20/2013 REPUBLIC SERVICES OF FLORIDA 146.20 1001860 6/20/2013 MIKES GARAGE&WRECKER SERVICE INC 220.00 1001861 6/20/2013 RECORDED BOOKS LLC 256.20 1001862 6/20/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 194.40 1001863 6/20/2013 SHRIEVE CHEMICAL CO 4,128.22 1001864 6/20/2013 WACO FILTERS CORPORATION 7,703.85 1001865 6/20/2013 L&L DISTRIBUTORS 815.78 Grand Total: 544,955.53 1 30 CONSENT: 7/2/13 v Ofce of INDIAN RIVER COUNTY ATT O RNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney �jva DATE: June 13, 2013 SUBJECT: Resolution Canceling Taxes on Property Dedicated by North County Charter School, Inc. for Right-Of-Way A Resolution has been prepared for the purpose of canceling any delinquent or current taxes which may exist on the following property: Right-of-way dedicated to Indian River County by North County Charter School, Inc. located along its Old Dixie Highway frontage; said parcels are (W fully described in that certain Special Warranty Deed recorded in Book 2674, Page 424 of the Public Records of Indian River County, Florida. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan-Tax Collector David Nolte-Property Appraiser I fa. �i+ r ca pr vsA9 Date / :-- t�.�'�'R4VED FOR -----� , :��Qi LA—05 3 3.c.G ETI - SENT AGENDA j Beget 4U Y_ATTORNEYS - 31 From Parcel#32-39-10-00000-1000-00030.0 Dedicated to Indian River County by North County Charter School, Inc. Public Purpose: right-of-way Location: 6640 Old Dixie Highway, Vero Beach, FL 32967 (W RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon (w lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed (W 1 32 RESOLUTION NO. 2013- to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands dedicated by North County Charter School, Inc., for right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Statutory Warranty Deed recorded in Book 2674, Page 424, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. 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: 2 33 RESOLUTION NO. 2013- (W Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of July, 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 APPROV D M AS ICI AN Tax Certificates Outstanding Yes No BY %. WILLIAM Current Prorated Tax Received and DEPUTY COUNTYATCORNEY Deposited With Tax Collector $ (W 3 34 035685 RECORDED IN THE RECORDS OF JEFFREY R SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2674 PG: 424,6/3/2013 4:59 PM D DOCTAX PD$0.70 ' . Old Dixie right-of--wary Instrument prepared by and } should be returned to CountyAttorney's Office 180121*Street Yero Beach,FL 32960 STATUTORY WARRANTY DEED THIS INDENTURE, made this X t day of % ' 1 � , 2013, between NORTH COUNTY CHARTER SCHOOL, INC., a Florida nonprofit corporation, whose mailing address is 6640 Old Dixie Highway, Vero Beach, FL 32967, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street,Vero Beach,FL 32960,GRANTEE, WITNESSETH: That GRANTOR,for and in consideration of the sum of Ten Dollars other good and valuable consideration to GRANTOR in hand paid by GRANTEE,the receipt of which U is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S ce 0 Z W successors and assigns forever, the following described land, situate, lying, and being in Indian u,w z River County,Florida: y U ► W!z SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Q.v'i E AND GRANTOR does hereby fully warrant the title to the land described and depicted in w< j u Exhibit"A'and will defend the same against the lawful claims of all persons whomsoever. 0-1 ;5 4Y Ce O 1N ITNESS THEREOF, GRANTOR has caused these presents to be signed thisc39— � � day of ,2013. Signed in the presence of the NORTH COUNTY CHARTER SCHOOL,INC., following two witne e • a Florida nonprofit corporation sign: _ By: print nam : jtrAWC-r1( A-4lc �R- Jo Tyso resident print name. STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me thisa day of left, 2013, by Joel Tyson, President of North County Charter School, Inc., a Flonda nonprofit corporation who executed same on behalf of said corporation. He is either personally known to me or produced as identification. Sign Affix stamped seal showing name, Notary Public Commission#&expiration date (W D®OFWfG.101 M I 00WASM E W Ofi 8aihryNalryPl�ie21L2016 t - 3 BK 2674 PG: 425 - r SKETCH OF LEGAL DESCRIPTION (W (NOT A SURVEY) POINT OF COMMENCEMENT: _ NW CORNER OF THE SW 1Of THE NE 1/4 OF SECTION 10-32-39 `S 89'18'56"E �In NORTH LINE OF THE SW.1/4 OF THE NE 1 4 OF SECTION 10-32-39 71.35' SOU N IF, of WAY LINE 67th. STREET R/11V VARIES c CURVE DELTA ANCLE RADIUS ARC TANGENT CHORD CHORD BEARING 0 C 1 01'08.43" 17128.75' 342.38' 171.19' 342.37' S 14'09'05"E s L. I C 2 01'56'11" 5467.49' 184.77' 92.40' 184.76' N 13'32'47"W w 23'34" ' ' 18.32' 36.64' N 12'46'29"WoC 3 00 Sir I C 4 02'09.47" 5344.55' 201.76' 100.89' 201,75' N 14'00'41"W c c cy C 5 01'56'32" 5453.49' 184.87' 92.45' 184.86' S 13'34.59"E A, o$m -o x C 6 00.02'01" 5453.49' 3.19' 1.60' 3,19' N 12'35'29"W o' r r- I C 7 00'21'10" 5358.55' 33.00' 16.50' 33.00' S 12'45'34"E 10 g- Lj'S C 8 00'00'17" 5358.55' 0.44' 0.22' 0.44' N 12'34'50"W rn n Z� `Kn an.. RpW516W C C I 511 2815 io o (�1 S.W. �S Z 4 CORNER S 8944'06"E z 412.12' t j 0010'11"E Nom{ I RA01 32.15' I OINT OF BEGINNING PARCEL "B" '� 5755 3& PARCEL "B" RIGHT O +�• OF WAY DEDICATION +.t N" S 00'1011W O.R.B.2291, PC 1704 63.44' N 00'10'11"E, 62.89' I fl- I f O.R.B.2291, PG 1704 i �2� S 12.41'34"E, 250.57' I \I O AtA O.R.B.2291, PC 1704 z -K N 89'44'06"W, 14.37' K WI s N 77 2497"E z p N 89'44'06"W " " N.W.CORNER 227.62' N.E.CORNER P.O.9, PARCEL B PARCEL NUMBER 32391000000100000029.0 POINT B (6605 US HIGHWAY /1) Ln O PARCEL "A" RIGHT I 9 OF WAY DEDICATION N O o G R �e �p i LINE BEARING DISTANCE W�:0. rn� 0 14' rd OF-WAY a,. L 1 S 00'10'11'W 15.00' z V S S �ICA1nGl'I v; L 2 N 89'27'56"W 14.50' y0�g = INM SRM (� , jQ L 3 N 12'35'27"W 3.40' L 4 S 89'44'06'E 14.38' L 5 S 89'44'06"E 7,38' L 6 S 89.44'06"E 14,36' N 89'27'56"W S.W.CORNER NORTH LINE PARCEL NU2MBER232391000000100000028.0 (6595,1SJiIGHWAY 11) POINT OF BEGINNING PARCEL A GRAPHIC SCALE SKETCH FOR Iso 0 a e0 RIGHT OF WAY 4i DEDICATION I 1I IN FEET ) SKETCH OF LEGAL DESCRIPAON North 1 inch =80 ft. NOT A BOUNDARY SURVEY MERIDIAN PRDJ. N0. 12-054 DATE: 01-23-13 / LAND SURVEYORS /1I\ 1717INDIAN&SUR BLVD,SUITE 201 DWN. BY: C.H.B. PHONE: REACH, EA13 FFL 377L791 10% CKD. BY: E.J.H. E-MAIL.,LB6905=XLLSOlrrH.NVF THS PLAT AND REPORT ARE NOT VALID VAIHOUT THE SIGNARK AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND YAPPER NAMED HEREON WHR31 SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PUT AND REPORT ARE NOT FULL AND COMPLETE VATHOUT ONE ANOTHER. Frarn �A. PAGE 1 OF 2 36 BIf: 2674 PG: 426 - - LEGAL DESCRIPTION Report of Survey. (project # 12-054) (r • LEGAL DESCRIPTION — NOT A FIELD BOUNDARY SURVEY •LEGAL DESCRIPTION PREPARED BY: I HOUSTON, SCHULKE, BITTLE do STODDARD. INC. L.B. /6905 d.b.a MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201, VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR do MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD. P.S.M. #5755 Legal Description: A PARCEL OF LAND BEING 14.00 FEET IN WIDTH AND LYING IN SECTION 10, TOWNSHIP 32 SOUTH,RANGE 39 EAST,INDIAN RIVER COUNTY,FLORIDA,BEING MORE PAR11MAY DESCRIBED AS FOLLOWS: CUM=AT THE NORTHWEST CORNER OF THE SOURUN SOUTH 0010410 WEST(TgHWEST QUARTER OF)THE NORTHEAST QUARTER OF SECTION 106 TOWNSHIP 32 SOUIK,RANGE 39 QUARTER THE NORTHEAST QUARTER,A DISTANCE OF 15.OD FEET TDASIS OF INTHE SOUTH RIGHT 0 ON THE WEST WAY LINE ARY�OF OF STREESAID THAAVVARIABLE WIDTH RIGHT OF WAY' THENCE CONTINUE SOUTH 001011'WEST,A DISTANCE OF 195.00 FEET TO THE SOUTH WEST CORtJER OF PARCH.NUMBER 32391000000100000038.0(3435 677H STREET); THENCE RUN SOUTH 89'44'06'EAST,A DISTANCE OF 41212 FEET; THENCE RUN NORTH 00'20'38'EAST,A DISTANCE OF 54.56 FEET M THE WESTERLY RIGHT OF WAY LINE OF U.S.HIGHWAY Nal,A 120 FOOT WINE RIGHT OF WAY AND ALSO BEING A POINT ON A NON—TANGENT CURVE, CONCAVE TO THE WEST, THE RADIUS OF WINCH BEARS SOUTH 7516'34'WEST,A DISTANCE OF 17128.75 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 01'08'43',AN ARC DISTANCE OF 34238 FEET TB THE NORTHEAST CORNER OF PARCEL NUMBER 32391000000100000029.0(6605 US H I"AY#11 THENCE LEAVING SAID WEST RIGHT OF WAY LINE,RUN NORTH 89'44'06'WEST ALONG THE NORTH LINE OF SAID PARCEL,A DISTANCE OF 227.82 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE RUN SOUTH 131211'EAST,A DISTANCE OF 185.53 FEET TO THE SOUTHWEST CORNER QU SAID PARCEL,SAID POINT ALSO BEING ON THE NORTH LINE OF PARCEL NUMBER 32381000000100000028 0(6595 US HIGHWAY#1); THENCE RUN NORTH 89'27'56' WEST ALONG$AD NORTH UNE,A DISTANCE OF 21292 FEET 70 A POINT,SAID POINT ALSO BEINGG THE PONT OF BEGINNING OF THE HEREIN DESCWBED PARCEL'A'; THENCE CONTINUE NORTH 892156'WEST, A DISTANCE OF 14.50 FEET TB THE NORTHWEST CORNER OF SAID PARCH.32391000000100000028.0(6595 US HIGHWAY#i)AND THE EASTEIRLY RIGHT OF WAY UNE OF OLD DDOE HIGHWAY, A 66 FOOT WIDE RIGHT OF WAY,AS RECORDED IN PUT BOOK 24.PAGES 82 THROUGH 93,OF THE PUBLIC RECORDS OF MAN RIVER COUNTY.FLORIDA AND ALSO BEING A POINT ON A NON—TANGENT CURVE,CONCAVE TO THE EAST, THE RADIUS OF WHICH MARS NORTH 7529'07'EAST.A DISTANCE OF 5487.49 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND THE EASTERLY RIGHT OF WAY LINE OF CLD DIRE HIGHWAY THROUGH A CENTRAL ANGLE OF OI' II*,AN ARC DISTANCE OF 184.77 FEET TO THE POINT OF TANGENCY; IHENCE RUN SOUTH 89 44'06'EAST ALONG A LINE DESCRIBED IN O.R.B.2291,PAGE 1704 OF THE PUBUC RECORDS OF INDIAN RIVER COUNTY,FLORIDA,A DISTANCE OF 14.36 FEET TO A PONT HEREINAFTER REFERRED TB AS'POINT jr,SAID PONT ALSO KMO A PONT ON A NON—TANGENT CURVE,CONCAVE TO THE EAST,THE RADIUS OF WHICH BEARS NORTH 777117' (W EAST,A DISTANCE OF 5553.49 FEET; THENCE RUN SOUTHEASTERLY ALONG 111E ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0158'32,AN ARC DISTANCE OF 184.87 FEET TO THE POINT OF BEGINNING. SAID PACE.CONTAINING 2587.50 SQUARE FEET MORE OR LESS. i COMMENCE AT A POINT HEREINBEFORE REFERRED TO AS POINT T,SAID POINT ALSO BEING ON A NON—TANGENT CURVE,CONCAVE TO THE EAST,THE RADIUS OF WHICH BEARS NORTH 77'2317'EAST,A DISTANCE OF 5453.49 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OOVZOI',AN ARC DISTANCE OF 3.19 FEET TO THE PONT OF TANGENCY; THENCE RUN NORTH 1234'42'WEST ALONG A UNE DESCRIBED IN O.R.B.2291,PACE 1704 OF THE PUBLIC RECORDS OF MAN RIVER COUNTY, FLORIDA,A DISTANCE OF 247.58 FEET TO A PONT OF CURVATURE OF A CURVE CONCAVE TB THE WEST,THE RADIUS OF WHICH BEARS SOUTH 772598'WEST,A DISTANCE OF 5358.55 FEET; THENCE NORTHERLY ALONG THE AC OF SAID CURVE THROUGH A CENTRALL, ANGLE OF 00'00'17',AN ARC DISTANCE OF M44 FEET TO THE NTe'RSIMON WITH THE AFORESAID WEST BOUNDARY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND TEN:POINT OF BEGNNING OF THE HEREIN DESCRIBED PARCEL 91'; THENCE RUN SOUTH 001011'WEST ALONG AFORESAID WEST BOUNDARY UNE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND ALONG A LINE DESCRIBED IN ORB.2291,PAGE 1704 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA,A DISTANCE OF 63.44 FEET; THENCE CONTINUE NORTH 1234'42'WEST ALONG AFORESAID EASTIERLY RIGHT OF WAY UNE OF OLD DDOE HIGHWAY,A DISTANCE OF 61.44 FEET 70 A PONT OF CURVATURE OF A CURVE CONCAVE TO THE WEST.THE RADIUS OF WHICH BEARS SOUTH 777598'WEST.A DISTANCE OF 5W55 FEET; THINE NORTHERLY ALONG THE ARC OF SAID CURVE AND THE EASTERLY RIGHT OF WAY OF OLD DDOE HIGHWAY THROUGH A CENTRAL ANGLE OF 0073'34',AN ARC DISTANCE OF 38.64 FEET; THENCE LEAVING SAID EASTIXY RIGHT OF WAY UNE,RUN SOUTH 89'4008'EAST,A DISTANCE OF 14.38 FEET TO A PONT ON A NON—TANGENT CURVE, CONCAVE TO THE WEST, THE RADOS OF WHICH BEARS SOUTH 77'03'51'WEST,A DISTANCE OF 5356.55 FEET, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL.ANGLE OF 00'21'10',AN ARC DISTANCE OF 33.00 FEET TO THE PONT OF BEGNNING. SAID PARCEL CONTAINING 917.56 SQUARE FEET MORE OR LESS. Legend & Abbreviations: (symbols not scaleable for size) PLS — PROFESSIONAL LAND SURVEYOR CR — COUNTY ROAD PSM — PROFESSIONAL SURVEYOR & MAPPER R/W — RIGHT OF WAY LB — LAND SURVEYING BUSINESS O.R.B. — OFFICIAL RECORD BOOK C — CENTERLINE P.O.C. — POINT OF COMMENCEMENT (M) MEASURED VALUE P.0.8 — POINT OF BEGINNING P — PLAT VALUE PG — PACE P.B. — PLAT BOOK O.R.B. — OFFICIAL RECORD BOOK 57CETR�1�•.OF A.L Ot:3C�i'IPAOIV SKETCH FOR RIGHT OF WAY DEDICATION NO + LMERIDIAN '"* �' slikAANO _SEAL11F LAND SURVEYORS '6T,o"wu�tB�OFi�4YLiyR u�;MilaPEa 1717 INDIAN RIVER BLVD,SUffE 281 3` VERO BEACH.FL.32960 A M. aa ' PHONE:772-794-1213,FAX:772-794-1096 m �* E-MARL:LB690 BELLSOUTKNET 37$rlHt�s�`��+ PAGE 2 OF 2 CONSENT: 7/2/13 Office of INDIAN RIVER COUNTY (W ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney kw DATE: June 13, 2013 SUBJECT: Resolution Canceling Taxes on Property Purchased from Patrick Shawn Free for Right-Of-Way A Resolution has been prepared for the purpose of canceling any delinquent or current taxes which may exist on the following property: Right-of-way purchased by Indian River County from Patrick Shawn Free and located along Old Dixie Highway north of 2nd Street, including the (W cornerclip at the northwest corner of Old Dixie Highway and 2nd Street; said parcel is fully described in that certain Quit-Claim Deed recorded in Book 2647, Page 2179 of the Public Records of Indian River County, Florida. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan-Tax Collector David Nolte-Property Appraiser ,ra-.) Ricer cu 6kPrqedjg7Date APPROVED FOR � _..... Legal do • l`7•( �E� / SJNT�GENDA i Budget _ i wisk _ `COU —ATTORNEY ATTORNEY Mgr. 38 From Parcel#33-39-13-00000-7000-00022.0 Purchased from Patrick Shawn Free Public Purpose: right-of-way Location: Old Dixie Highway right-of-way north of 2"d Street, (W including cornerclip at northwest corner of Old Dixie Highway and 2nd Street RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, . FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon (W lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 39 RESOLUTION NO. 2013- to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Patrick Shawn Free, for right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. (W See attached Quit-Claim Deed recorded in Book 2647, Page 2179, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. 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: 2 40 RESOLUTION NO. 2013- (W Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY (W Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL`77V CY Tax Certificates Outstanding _ BY .. Yes No W LOAM K.DEBRAAL 06 DUTY COUNTY ATT«RNI SY Current Prorated Tax Received and Deposited With Tax Collector $ _ (W 3 41 3120130013201 RECORDED IN THE RECORDS OF JEFFREY R SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL, iBK; 2647 PG: 2179,2/26/2013 2:27 PM D DOCTAX PD$0.70 i ( Thts document was mpared by and should be roturned to: jOfficeof County Attorney i Indian River County I ,. 18012-1*Street Vero Beach,FL 32960 i 772-2264425 I i i I • I I QUITCLAIM DEED e THIS QUIT-CLAIM DEED,executed this a_day of a br—r 2013,by Patrick i Shawn Free,a single man, Grantor,whose mailing address is 2M Lark Road, Palm Springs, Florida 34406, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Grantee, whose mailing address is 1801 271h Street, Vero Beach, Florida 32960. WITNESSETH: That Grantor,for and in consideration of the sum of One Dollar($1.00),in hand paid by Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration,does hereby quit-claim unto Grantee,its successors and assigns forever, all the right,title,interest,claim and demand which Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River,State of Florida,to wit: See Exhibit"A" attached hereto and made a part hereof. Subject to that certain Easement to Belisouth Telecommunications,Inc.recorded In O.R. Book 1408, Page 2307 of the Public Records of Indian River County, Florida. (W The property herein conveyed does not constitute the homestead property of GRANTOR and does not abut or adjoin GRANTOR'S homestead. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed plihe presence of: _---,-- sign: printed name: C 04r(Jie= Patrick Shawn Free sign: printed name: U APPROVED AS TO FO AND LEGALLSSUFFI SY & I Wit.tiAM K. BMAL DEPUTYCOUNTYATTORNEY i 4 BK: 2647 PG: 2180 - ------ - STATE OF FLORIDA COUNTY OF PAtM (SeArC4 i The foregoing instrument was acknowledged before g day of c �� 2013, by Patrick Shawn Free is personally known o me or who has produced as i ntificatlon.r�.�-�— NOTARY P LI sign: printed na : Commission No.: (SEAL): Commission Expiration: ,HIxI N ALM l.I AMEN WY0�11S MiDDMI92 EXPIRES:May 16,2D13 Babwd Ra Notary Public UWwtwdn i (W (W 2 4 BK: 2647 PG: 2181 • i Eat 14 1 Nil i 1 agi$ g -0-j g � g 2 `s ti > R1 ; H >g s RA > + Z g g � � ' ggv '4g fig 1p �• o b 44 BK: 2647 PG: 2182 --- i i I SKETCH OF DESCRIPTION 19 m Or MOM=I n M IW K ' �NowM UNC n w01ww[7►,q O M 7a11MCASI,. — — w swm u,roNSlr sftowwt wAwa at tal/ MST UtC n 710wDIPCSr 1 4 n M tOwwFAti 1{ n arwoT IJ.Tow,str�TOwwl,wNwi�e� � 1� I � � V*m wM 7.0"ZT n M www 1 NOT To st" irp:T t gttlaR(q�N�= { Nwc eot.rAx LTC JO NSO003 n w"wwa mwm naw) .0 � ar�Aac� nW�� � 7M40 MU a SOwlw t/i n NWh{I-ar iFR MT SS NwnK ROM.1a GST lDT 1 n ILr.C.MOhtl10M ow tm Or•01T tVRAN MIII�{f.-_ At COOIeD N Of1RiAL 49 PUIw�lm�avp�Ovc .1 NdUKPM W M OMM.w,aOA�n 1 ��wN Q%D 0 (RAT MM R ME q-p JJIMOOOt1t0 tN[n TINT,9ITAN tatC — 2nd to N OIPIOAL IONf tai MRS a w now* �Nwwcai�Aa� p� PwNIc cau . ow.i MNa wn 333NN30000WROtotN><o �. , tor,{n rat ttNonNalow a N RAT toot n,rAoc a w(�}p'Iwtt►AN37.' SRT w#=MA W LagW rp s 7{{Maim. �'p4AT imt6r K •p ry NNW NVQ ME".RMQ • r FAAT 009 ANtSOwAt wrt-Or-aY R PA�a YSq (atnatt a� x NNIT-O-MY PQ MT Law 1 R -POWTn NI 40MMw 1 SW-SdTINI -SAND Y UNC ! . or ao Ow waaY A Mo wwlw�MAW W w S00?rs[ mm Ito VKT 't N movirw• 4116W1 Cad Sn= 31W xxw-wg7 •�i a N SUL 1f0r37M -tOwIN INC n x)M MIKa iH n 7N9 =Il t ICARTER ASSOC S INC u =oorrwtanraa�s urn rim xo 4111 o 1 oda_ 1Yim � ruo a� t sral 4/b/u raa>:FIs-oar ar�.nra�isar�ma 11 w x i. 45 CONSENT: 7/2/13 95 Office of INDIAN RIVER COUNTY (W ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: illiam K. DeBraal - Deputy County Attorney DATE: June 24, 2013 SUBJECT: Resolution Cancelling Taxes on Property Acquired by the City of Sebastian to Become Part of the City's Municipal Cemetery A Resolution has been prepared for the purpose of cancelling any delinquent or current taxes which may exist on the following property acquired by the City of Sebastian: (W Property acquired from Charmian Herd Rallis and fully described in that certain Warranty Deed recorded in Book 2676, Page 571 of the Public Records of Indian River County, Florida for use by the City of Sebastian as part of its municipal cemetery. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: letter request Resolution cc: Carole Jean Jordan-Tax Collector David Nolte-Property AppraiserOate - _ Al Minner-City Manager, City of Sebastian _srn nyt c� �r ift ",drain. ? APPROVED FORS / ~ � ' � Budyet _s B.C.C;ME AGEND , �,��t. i i ATY: 1 HOME, 1. PELICAN ISLAND 1225 MAIN:STREE •WOMTIAW FLORIDA 32958 TELEPHONE,(772)58.9-58aO•PA-X'(77.?)589.5570 +i f i A June 19,2013 r 3 { Ms.Nancy Mossali } Legal Assistant Indian River County 180127*Street, Building.A j Vero:Beach,FL 3.2960 I Re: Warranty Deed—Parcel#30-38-21-00001-0000-0002511 i i Dear Nancy (W The City of Sebastian recently acquired the referenced parcel of land to become;-part of the City's Municipal Cemetery. Therefore, the: City is hereby requesting, that °the necessary document be prepared to cancer all ad valorem taxes for this parcel. If you should need any additional information,please feel free to contact ne,. espe lly,. r G Manager I (W E i i 47 Parcel#30-38-21-00001-0000-00025.0 Acquired from: Charmian Herd Rallis Public Purpose: City of Sebastian Municipal Cemetery Location: 12900 US Highway 1 RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section' 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 48 RESOLUTION NO. 2013- (W to make proper entries upon the record p p s to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands acquired for public use as a municipal cemetery by the City of Sebastian are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 2676 at Page 571, Public Records of Indian River County, Florida. 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: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 49 RESOLUTION NO. 2013- 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 Tax Certificates Outstanding yes _V/no (W Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORM AN L SUFFtC CY BY WILLIAM K.DEBRAAL DEPUTY COUNTY ATTORNEY 3 50 3120130037199 RECORDED IN THE RECORDS OF JEFFREY R SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2676 PG: 571,6/7/201312:19 PM D DOCTAX PD$2,100.00 , This Document Prepared By and Return to: Professional Title of Indian River, Inc. 1546 N. U.S. Highway One Sebastian, Florida 32958 L(39 R2- Parcel ZParcel 1D Number: 30-38-21-00001-0000-00025/1 Warranty Deed ' J9 btu This Indenture,Made this a`>•day of May , 201 J.D., Between Charmian Herd Rallis oftheCountyof Indian River Stareof Florida r grantor,and City of Sebastian whoseaddreuis: 1225 Main Street, Sebastian, Fl. 32958 of the County of Indian River,State of Florida ,grantee. Witnesseth that the GRANTOR,for and inconsideration of the sum of ----------------------------TBN DOLLARS ($10)----------------------------DOLLARS. and other good and valuable consideration to GRANTOR in hand paid by GRANTEE,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said GRANTEE and GRANTEE'S heirs,successor and assigns forever,the following described land, situate,lying and being in the County of Indian River State of Florida to wit Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming Grant at a concrete monument marking the boundary between Lots 25 and 26 of Wauregan, for point of beginning; thence run Southwesterly along the boundary between Lots 25 and 26 of Wauregan 322.38 feet to the Easterly right-of-way of U.S. Highway No. 1 (120 foot highway width); thence run Northwesterly along the Easterly right of way of U.S. Highway No. 1 a distance of 200 feet; thence run Northeasterly on a line parallel to the side lot line between Lots 25 and 26 of Wauregan a distance of 298.9 feet, more or less, to the Fleming Grant Line; thence run Southeasterly along the Northeasterly side of said Lot 25 to the Point of Beginning. All in Wauregan, Fleming Grant, according to the map or plat thereof, filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, page 75; and re-filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, pages 178 and 179; said land now lying and being in Indian River County, Florida, being in Section 30, Fleming Grant. Grantor(a) further warrant that the above described property is not their homestead. Subject to all valid restrictions, reservations, easements and zoning of record. and the grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof,the grantor has hereunto set his hand and seal the day and year first above written. Signed,sealed and delivered in our presence: A� (Seal) �rfiskdame: RathAhDAMLOn ian Nerd Rallis Witn P.O.Addreae c/o Raymond Wells P.O. Box 651117 Printed N Vero Beach, FL 32965 Witness STATE OFRIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of May, 01 Charmian Herd Rallis who is personally known tome or who has produced hj111X 1(1(XJ0M]14(e as i if on. her Florida I.D. Card Printed Name:, MI)ERMW SNaRtALMN Notary Public m WC0kNffi0111ry1f190924 My Commission Expires:19/.?,9/2010 i 9onIXdeOnrvNdaryPsbteWaxraea 43792 51 .411 '.!,�► -.�'i�M. �•. <■� � � <,���` 0 j 9his is to certif y Mat iss Wi ' r I ' I 1 iv i here r / presented r rr i ±r r r r nt-Award e I, for outstanding r r A` f. faitfifulservice I i Indkn r County .o„ - Tor seventeen r , years e On I 2013 I i 1` 'I r i I . • , • , J ,� • , ,•r I . • • • Chaman i - '�! .fir,: ��J �,,,• � �� ---- � � WI A) PROCL"ATION HONORING MIKE HOTCH"SS ON HISRETIREMENT FROM INDL4NRIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICES WHEREAS, Mike Hotchkiss will be retiring from Indian River County effective July 5, 2013, and WHEREAS, Mike Hotchkiss began his employment with the County as an Environmental Engineer on November 13, 1995, and starting in 2001 he served as interim Capital Projects Manager, serving in this capacity for sixteen months. .Because Mike was considered Most Outstanding, Experienced, and Qualified, he was officially promoted to the Capital Projects Manager position—a position he held until his retirement; and WHEREAS, Mike Hotchkiss, during his seventeen years of dedicated service, was recognized for his quick response to time sensitive matters and events, and the vast array of Water and Wastewater projects he so competently and efficiently managed and WHEREAS, Mike Hotchkiss will be sorely mused having demonstrated professionalism and commitment with his work--exhibiting a calm demeanor while conducting complex engineering related projects on behalf of the County; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Mike Hotchkiss'contributions on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last seventeen years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in hu future endeavors! Adopted this 2nd day of July 2013. gLVER C BOARD OF COUNTY COMMISSIONERS ON", INDIAN RIVER COUNTY, FLORIDA Q I . ►C oseph E. Flescher, Chairman Ow F CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA (W AGENDA ITEM Office of Assistant County Administrator Date: June 13, 2013 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator/ Department of General Services Subject: Children's Service Advisory Committee (CSAC) Funding Allocations for Fiscal Year 2013-2014 BACKGROUND: The Children Services Advisory Committee ("CSAC) received 25 program responses from qualified nonprofit agencies seeking funding from the County in response to RFP#2013029. On March 19, 2013, the Office of Management and Budget received Board approval for a total funding allocation to the Children's Services agencies in the amount of$623,890 for fiscal year 2013/2014. The CSAC Grant Review Committee met for two days on, June 6h and 7t' to determine a final recommendation for funding for the 2013-14 fiscal year. On June 10, 2013 the CSAC voted to approve the attached funding recommendation. STAFF RECOMMENDATION: Staff recommends approval of the CSAC's attached funding recommendations for 2013-141 ATTACHMENT: CSAC Fiscal Year 2013-2014 recommendation Approved en Item Indian River Co. Ap roved Date BY: . Administration fvrry 6h 7113 Jose hA.Baird County Attorneyy• C�#y Administrator Budget Department FOR: July 2,2013 Risk Management FAAssistant County Administrator\AGENDA ITEMS\2013\BCC 07 JUL 2013\Memo-CSAC FY 2013-2014.doc 54 r r r Agency Name Program Name jjj Awarded Awarded 5%Awarded ii Awarded Requested Recommended 20011 2009-10 2010-11 1 2011-12 2012-13 2013-14 2013-14 Big Bro&Big Sis of IRC CSAC Jump Into Reading - _ Big Bro&Big Sis of IRC COP Children of Promise 10,000 12,344 15,000 15,000.00 $ 15,000.00 15,000.00 Bos&Girls Club of IRC Sebastian Branch 30,000 12,344 14,813 14,000.00 $ 14,000.00 10,000.00 Vero Beach Branch 25,000 12,344 14,813 14,000.00 $ 14,000.00 10,000.00 Fellsmere Branch 19,751 14,813 14,000.00 $ 14,000.00 10,000.00 Catholic Charities-Samaritan Samaritan Center 35,000 26,664 26,664 26,664.00 $ 28,000.00 26,000.00 Child Care Resources of IRC Children in Centers 190,000 182,699 182,699 182,699.00 $ 182,689.00 170,000.00 Psychological Services 6,000 5,925 5,925 5,925.00 $ 5,925.00 5,925.00 Dasie Hope Center Daisy Hoe Center Tutorial Program 63,000 55,303 '40,000 30,000.00 $ 50,000.00 25,000.00 Early Learning Coalition Childcare Local Match 12,100 8,888 - $ 30,000.00 7,500.00 Exchange Club Castle Safe Families 47,000 36,540 36,540 56,540.00 $ 56,540.00 56,402.00 GYAC Family Guidance/After School Program 20,000 27,158 27,158 28,158.00 $ 28,158.00 28,158.00 ,Healthy Start of IRC Healthy Families 40,000 35,552 35,552 $ 40,000.00 - TLC 15,000 13,332 13,332 $ 25,000.00 - Partners in Pregnancy $ 15,000.00 - Hibiscus Children's Center Career Pathways to Independence - 10,000.00 $ 20,000.00 10,000.00 Mental Health Association Child&Youth Mental Health 14,813 - R.C.M.A Childcare Infant/Toddler 30,000 24,689 24,689 24,689.00 $ 24,689.00 24,689.00 HFC Child Development - - - - Substance Abuse Council Life Skills 70,000 62,216 62,216 67,216.00 $ 67,216.00 67,216.00 Redirect Program (Right Choice 80,000 107,645 102,000 107,000.00 $ 107,000.00 100,000.00 Prevent 50,000 - United for Families Caregiver Support 15,000 10,863 10,500 7,500.00 $ 7,500.00 - Junior League Whole Child Connection 12,344 10,000 - $ 10,000.00 10,000.00 Homeless Family Center Childcare 9,876 13,512 20,499.00 $ 37,392.44 20,500.00 Learning Alliance Ready for Kindergarten $ 60,164.00 20,000.00 Youth Guidance Mentoring&Activities - - $ 20,480.00 7,500.00 Kingdom Harvest Children'Read and Feed - $ 10,340.00 - Red Cross Baby Sifter/Pediatric First Aid - $ 18,510.00 - TOTAL 738,100.00 691,290.00 656,726.00 623,890.00 $ 901,603.44 623,890.00 CM 01 g�VER C INDIAN RIVER COUNTY aw PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 180127'STREET OR19p' 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 U6 SUBJECT: CLOSE-OUT AND FINAL PAYMENT OF WORK ORDER NO. PCM-1 FOR SEDIMENT REMOVAL AT PC MAIN SCREENING FACILITY DATE: June 21, 2013 DESCRIPTION AND CONDITIONS The purpose of this Agenda Item is to request the County Commission close-out and approve final payment including release of retainage for Work Order No. PCM-1 with EMC Divers, Inc. for sediment removal from the PC Main Screening Facility's treatment channel and sediment traps. Item 1 (cleaning the treatment channel) was deleted due to lack of storage capacity in the sediment receiving basin. Item 2 (cleaning the two sediment basins) has been completed. Therefore, the total amount due including retainage is $7,100 and this will close-out Work Order No. PCM-1. The original amount of the Work Order (Items No. 1 and 2) was $14,600. ANALYSIS Alternative No. 1 — Approve deleting Item No. 1 and approve payment for Item No. 2 of Work Order No. PCM-1 for$7,100.00 Alternative No. 2 — Reject deletion of Item No. 1 and payment for Item No. 2 of Work Order No. PCM-1. FUNDING (lW FAPublic Works\KeithM\Stormwater Projects\Main Relief Canal Operation\Dredging Sedimentation Basins\Agenda Items\Agenda- Consent-Final Payment for Work Order#PCM-1.doc 56 Page 2 PC South BCC Meeting —July 2, 2013—CONSENT (w June 21, 2013 1. Funding of the proposed $7,100 payment is budgeted and available from account #11128138-033490-07026, Transportation Fund/Stormwater/Other Contractual Services/Main Relief Canal Pollution Control System. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1 — Approve deleting Item No. 1 and approve payment for Item No. 2 of Work Order No. PCM-1 for$7,100.00. ATTACHMENTS 1. Attachment A— Final Invoice for Work Order No. PCM-1 (one copy) DISTRIBUTION 1. Christopher R. Mora, P.E., Public Works Director 2. County Attorney Office 3. Budget Indian River County ADKWate (W APPROVED AGENDA ITEMwl/15 Administration FOR Ju 2013 Budget 9 ,rL -.714 13 Legal 4_2f-)2 BY Public Works 6 y (3 for Stormwater Engineering FAPiihlic Wnrk¢\KaithM\Rfnrmwatar Prniantc\Main Poliaf r:anal f'lnaratinn\Ilrxlninn Cariimantatinn Racins\AnanHn kPmc\Ananria- 57 EMC Divers, Inc. Invoice 1190 Turnbull Bay Road Wte Invoice New Smyrna Beach, FL 32168 6/19/2013 1058 Indian River.County IRC Bid No. 2013023 Attn: Keith McCully Annual Bid for Sediment 1801 27th Street Removal at PC Main Vero Beach, FL 32960 Vero Beach, FL • • W/O#PCM-1 Net 30 JAL 6/19/2013 Deliver Jobsite Qty Item Code Description Price Each Amount 1 02.02 Dredging Sediment Removal at the PC Main Pollution Control 7,100.00 7,100.00 Facility as per Work Order Number PCM-1, Dated 05/21/2013 (Item 2)Sediment Traps (W I IThank you for your business.y Total $7,100.00 Phone# 386-402-8756 F Fax# i 386-427-3396 service@emcdivers.com ; vwwv.emcdivers.com 58 07 61 INDIAN RIVER COUNTY �ER co PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 180127" STREET VERO BEACH,FLORIDA 32960 Phone: (772) 226-1562 .�ORTD p' CONSENT 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 LICENSE AGREEMENT WITH VAN ERT, NEMOTO AND ASSOCIATES, LLC TO PERFORM RESEARCH AND ASSIST THE COUNTY IN VARIOUS STORMWATER TREATMENT RELATED (W EFFORTS AT EGRET MARSH STORMWATER PARK DATE: June 20, 2013 DESCRIPTION AND CONDITIONS The purpose of this Agenda Item is to request the County Commission approve a license agreement with Van Ert Nemoto and Associates (VEN), LLC for partnership at Egret Marsh Stormwater Park (Egret Marsh), to perform various research and testing activities on native aquatic plant species; assist the County with bagging and marketing algal compost product; and assist the County in fine tuning Egret Marsh's operations with respect to algae productivity during the dry season. VEN's president, Mr. Matthew Van Ert, PhD., recently performed research on Egret Marsh's algae for the Norwegian based oil company Statoil, investigating the algae's potential for biodiesel fuel production. The research and other work performed under the License Agreement will directly benefit the County and the Indian River Lagoon, enabling the County to remain a leader in innovative stormwater treatment and pollution removal technology. There will be no cost to the County for entering into this License Agreement with VEN. As stated in the License Agreement, VEN has agreed to assign the County a percentage of royalties from patents developed from its work at Egret Marsh. VEN has also agreed not to charge the County any technology fees, license fees, etc. if the County desires to implement any of the newly developed technology. (W R\Public Works\KeithM\Stormwater Projects\Egret Marsh Operation\Agenda Items\Agenda-Consent-License Agreement with VEN Consulting.doc 59 Page 2 Egret Marsh Stormwater Park— License Agreement with VEN Consulting, LLC BCC Meeting —July 2, 2013 —CONSENT (W June 20, 2013 ANALYSIS Alternative No. 1 — Approve the License Agreement. Alternative No. 2 — Reject the License Agreement. FUNDING 1. No funds will be expended by the County as a result of this License Agreement. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve the License Agreement. ATTACHMENTS 1. License Agreement signed by Van Ert Nemoto and Associates, LLC (one copy). (W DISTRIBUTION 1. Christopher R. Mora, P.E., Public Works Director 2. County Attorney Office 3. Budget APPROVED AGENDA ITEM FOR Julv 2,2013 Indian River County rov d Dater f Administration BY Budget UY VTLe al (�•i�� Public works 6'•�`1-�3 Stormwater Engineering (W FAPublic WorksXeithmstormwater Projects\Egret Marsh Operation\Agenda Items\Agenda-Consent-License Agreement with O VEN Consulting.doc LICENSE AGREEMENT THIS LICENSE AGREEMENT, entered into this day of , 2013, by and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN. RIVER COUNTY, FLORIDA (the "County") and VAN ERT, NEMOTO AND ASSOCIATES, LLC, ("Licensee") a Florida-based, limited liability company with its principal place of business at 5400 25 Street SW, Vero Beach, Florida, 32968. WITNESSETH: WHEREAS, the County is the owner of certain real property located in Indian River County, Florida, commonly known as Egret Marsh Stormwater Park ("Egret Marsh") located on the southeast corner of 4th Street and 74th Avenue; and WHEREAS, the Licensee desires to utilize 0.10 acres of Egret Marsh for purposes including, but not limited to, research, experimentation, and testing of certain native algae and aquatic plants as related to water treatment and compost production located and produced therein; and WHEREAS, preliminary research conducted by Licensee has suggested that certain uses of the aforementioned native algae and aquatic plants have the potential to produce positive and beneficial impacts to the local environment; and WHEREAS, Licensee agrees to assist the County in determining optimum supplemental nutrient dosing regimes that may lead to more efficient algal growth and greater pollutant reductions at the facility; and WHEREAS, Licensee agrees to assist the County in bagging finished compost product as well as assist the County in conducting research regarding certain aquatic plants for stormwater treatment; 1 61 NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. Term. The Licensee is hereby granted a license to perform certain activities including, but not limited to, research, experimentation, and testing of certain native algae and aquatic plants within the designated 0.10 acre area of Egret Marsh for a period of five (5) years commencing from the date on which this License Agreement becomes effective. The Initial Term of this License Agreement shall begin on , 2013 and shall expire on , 2018. The Licensee may request a renewal of the License Agreement for an additional five (5) year term by submitting written notice to the County within ninety (90) calendar days prior to the expiration of this Initial Term. The County may grant a Renewal Term in its sole discretion. The parties may agree to (W alter certain time periods, locations, or other similar matters designated within this License Agreement by amendment or modification. The County shall make the ultimate determination, in its sole discretion, as to whether this License Agreement may be renewed or whether any amendments or modifications to this License Agreement are appropriate. 2. Payments. In consideration of this Licensee Agreement, Licensee shall pay to the County a License Fee of two dollars ($2.00) for each year that the License Agreement remains effective for a combined total of ten dollars ($10.00). The Licensee shall pay the ten dollar ($10.00) License Fee to the County on or within twenty (20) calendar days of the execution of this License Agreement. It is anticipated that Licensee will assist the County in screening and bagging the (W compost produced from some or all of the algae grown at Egret Marsh on location, and 2 62 assist the County in attempting to sell all or some of the compost at the local retail outlets. All proceeds collected by Licensee shall be remitted to the County, less any costs, including labor, incurred by Licensee. Licensee's labor rates will be capped at $40 per hour and its total reimbursement shall not exceed eighty percent (80%) of total compost sale proceeds. In the event that Licensee assists in the improvement and marketing of a compost product from Egret Marsh and/or Main Relief Canal Facility, such that the proceeds are sufficient to cover the operating costs of the water treatment, thereby enabling a profitable enterprise, the County and Licensee will evenly split profit. 3. Use of Premises. The Licensee may use the herein described 0.10 area of Egret Marsh and may have access to, move, remove, or otherwise use all native algae and other aquatic plants to the extent reasonably necessary for the purpose of (W conducting research, experimentation, testing, or other similar activities. The Licensee may, with the approval of the County, construct certain structures for the purpose of facilitating or advancing the activities which this License Agreement allows the Licensee to perform. The Licensee agrees to comply with all applicable local, State, and Federal laws and regulations throughout the duration of the License Agreement in the performance of the allowed and otherwise permitted activities contained herein. 4. Improvements. Licensee agrees that any improvements to the above described property made by him/her shall be at his/her expense and that all such improvements shall have the prior written approval of the applicable County department and all regulatory agencies where applicable. Licensee agrees to remove, move, restore, demolish, or otherwise clear away any such improvements made to the property if the (W County deems that removing, moving, restoring, demolishing, or clearing away any 3 63 ,, such improvements would be beneficial to the licensed property or is otherwise necessary in order to restore the licensed property to its state prior to the commencement of the license period. 5. Intellectual Property Rights. Licensee agrees to assign to the County, a five percent (5%) share of all royalties resulting from any intellectual property rights Licensee develops as a result of Licensee's research performed at Egret Marsh as it relates to compost product development and water treatment technologies using algae and/or aquatic plants. 6. Utilization of Technology. As a result of the research it performs at Egret Marsh, Licensee may develop or improve technology for removing pollutants from stormwater/canal water and/or technology for improving composting methods of biomass produced by stormwater/canal water pollutant removal processes. Licensee agrees that it will not charge the County any Technology Fee, License Fee, Patent Fee, or similar fee if the County wishes to use such aforementioned technology within the County, provided that no profit is gained from the operation. In the event that the Licensee develops a water treatment and product generating technology, as a result of research conducted at Egret Marsh, that allows the County to realize a profit from its operation within the County, the profit will be split evenly between County and Licensee. If Licensee develops a water treatment and product generating technology that is constructed and operated outside the County, the County would be assigned fivepercent (5%) share of all royalties, as detailed in Section 5 above. 7. Indemnification and Insurance. Licensee shall defend, indemnify and hold (W harmless the County and its commissioners, officers, employees and agents, from any 4 64 and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the Licensee, or its employees, agents, subcontractors, or other persons or entities performing work under this Agreement. The Licensee agrees to provide and maintain at all times during the term of this Agreement, without cost or expense to the County, policies of insurance generally known as comprehensive general liability policies insuring the Licensee against any and all claims, demands, or clauses of action whatsoever for the injuries received and damage to property incurred in connection with the use, occupation and management or control of the property and any improvements thereon by Licensee. Such policies of insurance shall insure the Licensee in the amount not less than two hundred thousand dollars ($200,000.00) to cover any and all liability claims arising in connection with any particular accident or occurrence. Such liability policies shall provide that the County is an additional insured. The County shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of such action. The Licensee shall provide the described insurance on policies and with insurers acceptable to the County and licensed and authorized under the laws of the State of Florida. These insurance requirements shall not relieve or limit the liability of the Licensee. The County does not in any way represent that these types or amounts of insurance are sufficient or adequate to protect the Licensee's interest or liabilities, but are merely minimums. 65 (W A certificate of insurance indicating that the Licensee has coverage in accordance with the requirements of the Agreement shall be furnished by the Licensee to the appropriate department within the County. All personal property housed or placed at the licensed property shall be at the risk of Licensee and the County shall have no liability for any damage or loss to any personal property located thereon for any cause whatsoever. The Licensee agrees and understands that the County does not and shall not carry liability, fire, or theft insurance on the operation of these facilities to cover the Licensee's interest therein. 8. Covenants Against Assignment and Subletting. The Licensee shall not assign any portion of the Agreement nor allow same to be assigned by operation of law without the express, written approval of the County. (W 9. Independent Contractor. The Licensee shall perform the conditions of this Agreement as an independent contractor and nothing herein shall be construed to be inconsistent with this relationship or status. Nothing in the Agreement shall be in any way construed to constitute the Licensee or any of his agents or employees as the agent, employee, or representative of the County. 10. Termination. This Agreement may be terminated by the County in its sole discretion and shall be effective immediately upon written notice to Licensee. Upon termination of this Agreement, the Licensee shall immediately remove any personal property. Any property not removed within thirty (30) days after termination shall become the property of the County. 11. Additional Locations. Upon written agreement by the parties, this Agreement (W may include additional locations within Egret Marsh Stormwater Park or other location 6 66 (W which both parties deem appropriate to further effectuate the purposes of this License Agreement. The terms of this Agreement shall form the basis of any future written document, notwithstanding that a different term, location, and hours of operation would apply. 12. Notice. Notice under this Agreement shall be given to the County by mailing written notice to Keith McCully, Stormwater Engineer, 1801 27th Street, Vero Beach, FL 32960. 13. Attorney's Fees. In the event of any legal action to enforce the terms of this Agreement each party shall bear its own attorney's fees and costs. 14. Governing Law. This Agreement shall be deemed to have been executed and entered into in the State of Florida and this Agreement, and any dispute arising (W hereunder,hereunder, shall be governed, interpreted and construed according to the laws of the State of Florida. 16. Venue. Venue for any legal action brought by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida, and any trial shall be non jury. 16. Modification. No modification of this Agreement shall be binding on the County or the Licensee unless reduced to writing and signed by a duly authorized representative of the County and the Licensee. 17. Board Ratification. This Agreement is subject to ratification by the Board of County Commissioners of Indian River County. (W [The remainder of this page was left blank intentionally] 7 67 IN WITNESS WHEREOF, the Licensee and the County have hereunto set their hands and seals on the day and year first above written. VAN ERT, NEMOTO AND ASSOCIATES, LLC BOARD OF COUNTY COMMISSIONERS BY: ��Ja,aa INDIAN RIVER COUNTY, FLORIDA BY: Its: Joseph E. Flescher, Chairman WITNESS: .YoAlmi Nemofo BCC Approved: WITNESS: 0— (Corporate seal is acceptable in place of witnesse ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approv By J sepp A. Baird ou Administrator Approved as to form and legal ,7 suffici By William K. DeBraal Deputy County Attorney 8 68 xi 'Vii'MR INDIAN RIVER COUNTY, FLORIDA (W MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: (&er_m0_y,Assistant to County Administrator FROM: Will Rice, Manager, GIS Department DATE: June 17, 2013 SUBJECT: 2014 Oblique Aerial Imagery Acquisition Project DESCRIPTION AND CONDITIONS Aerial photographs are used by County staff on a daily basis to provide information on presence or absence and condition of natural and man-made features throughout Indian River County. For the past decade, high resolution vertical orthoimagery has been used by staff in conjunction with Computer Aided Design (CAD) and Geographic Information Systems (GIS) software for both photo interpretive and planimetric mapping tasks. More recently, a newer type of aerial imagery, oblique aerial imagery acquired by the company Pictometry, Inc., has proved valuable in providing additional information and detail not available in the traditional vertical aerial imagery. Staff proposes the acquisition of low altitude, high resolution, oblique aerial imagery in January 2014 for the populated eastern half of Indian River County. Oblique aerial imagery, aerial photographs taken with the camera axis at an angle,provides side and profile views of features that are often more easily identified compared to the vertical view provided by vertical aerial imagery. Also, objects that are not visible in vertical aerial imagery can often be detected and identified using oblique imagery. For example, houses or other structures that are obscured by heavy tree canopy in vertical imagery can often be detected and identified using oblique aerial images. Pictometry International Corporation is a firm that specializes in acquiring oblique aerial imagery. Pictometry oblique aerial imagery provides the "Birds Eye View" aerial photographs found on the Microsoft Bing website. Pictometry has had aerial imagery contracts with 49 out of 67 Counties in the State of Florida. Current contracts include projects with Brevard, St. Lucie, Broward, Palm Beach, and Miami-Dade County Property Appraisers. Staff proposes contracting with Pictometry to acquire oblique aerial imagery for the eastern half of Indian River County. The area of coverage for the proposed project is 273 square miles and the specific limits of the project are shown in Attachment 1. Each area in the project area would be imaged in 5 different directions, north, south, east, and west, and a vertical view at approximately a 3" ground resolution. The specific deliverables for the project are listed in Section A. Deliverables for the project include a digital image library containing the newly acquired oblique aerial imagery and (W unlimited licenses of Pictometry's Electronic Field Study (EFS) software. The Pictometry EFS software is specialized software that is used for viewing and working with the oblique imagery. A concern of staff is making sure that the oblique imagery, once acquired, is made available and Page 1 of 2 69 distributed as widely and quickly as possible. Under the terms of the Pictometry license agreement, copies of the above image libraries and software can be made available to all government entities located within Indian River County. Government entities would include all municipal governments and Constitutional Officers including the Sheriff's Department and Property Appraiser. Staff believes the Pictometry oblique aerial imagery would be a great benefit and provide additional and enhanced capabilities to County Departments. The oblique imagery could be used to aid in the inventory of features in the right-of-way for Public Works road widening and construction projects; by Community Development Department Planning and Code Enforcement staff to confirm that a project conforms to development regulations and setback requirements; and by GIS Department staff to confirm the development status of property and streets for maintenance of GIS addressing and street centerline datasets. In addition, the detailed aerial view provided by the oblique imagery can provide additional detail and information for assessment of real property by the Property Appraiser's Real Estate section. The oblique imagery could also be used in tactical situations by Law Enforcement. FUNDING Staff is proposing to piggyback off of the following Broward County Property Appraiser RFP: "RFP 08-22-2007-BCPA Oblique Imagery." The total cost of the project is $119,767.00. Funds for the project are available in the Fiscal Year 2012-2013 GIS Department budget, Account# 505-103-519-033190. RECOMMENDATION "' Staff recommends approval of the 2014 Oblique Aerial Imagery Acquisition Project as outlined J in the attached Section A in the amount of$119,767.00, and requests that the Board of County Commissioners authorize the Chairman to sign the attached agreement and related documents. ATTACHMENTS: 1. Map of Aerial Imagery Coverage and Project Limits 2. Agreement between Pictometry International Corp. and Indian River County. 3. Section A—Product Descriptions, Prices and Payment Terms 4. Section B—License Terms 5. Section C—Non-Standard Terms and Conditions 6. Sector Map—Pictometry Imagery Coverage Map APPROV GENDA M Indian River Co ov Date BY: ` Administrator (p d7 Legal $ FOR: JulW, 2013 Budget PC (, GIS Purchasing 113 Risk (W Management mac, (,-/Q Page 2 of 2 70 BREVARD COUNTY — W E 1 1 S ;el AIA Atlantic j ---; - 507--- i --- i --- i - --- i ---i I e I',.--- Ocean 7 j I I 1 1 I I 1 -- T-- _ I------ --- -- I __ I 1 1 T�— — 1 512 1 1 1 1 I ___ I1 i i SEBASTIAN77 i 1 A °* 512 t �ORCHID�r 1 �h; I 1 -- �-- I � �--�^— 1 yi 510 i 1 J'— 1 I �---- rT---T-- -- 1 1 I 1 I FELLSMERE __ N. 4I —_�—_r i i i--- 1 1 INDIAN RIVER SHORES 512 , i I i 1 i fi" i I t I 1 �_ - 60 __ VERO BEACH.___ 1 1 1 I t — 1 _ -- I r I 1 1 ----r- ---=-- -- +- -= r +,� I I j I 1 1— I 1 I I I I � j �•� j; All -- __ T- ---T ----1•---�----� --- — 1 -- I 1 ---T +' 1 1 1 --; -r- - } -i-- 1 1 -- ---+-- 1 1 1 I --�•-- —i— 1 1 d m l ST. LUCIE COUNTY Attachment 1: Aerial Imagery Project Limits Q Project Limits, 273 sq miles -___ ; Area Sectors (1 sq mile) 0 1 2 4 6 ---- Miles _ i Municipal Boundaries IRCGIS 6/14/2013 71 AGREEMENT BETWEEN PICTOMETRY INTERNATIONAL CORP.AND INDIAN RIVER COUNTY,FL 1. This order form("Order Form"),in combination with the contract components listed below: Section A:Product Descriptions,Prices and Payment Terms Section B:License Terms: • Delivered Content Terms and Conditions of Use • Online Services General Terms and Conditions • Web Visualization Offering Terms and Conditions • Software License Agreement Section C:Non-Standard Terms and Conditions (all of which,collectively,constitute the"Ageement')set forth the entire understanding between Pictometry and Customer with respect to the subject matter hereof and supersedes all prior representations,agreements and arrangements,whether oral or written,relating to the subject matter hereof. Any modifications to the Agreement must be made in writing and be signed by duly authorized officers of each party. Any purchase order or similar document issued by Customer in connection with this Agreement is issued solely for Customer's internal administrative purposes and the terms and conditions set forth on any such purchase order shall be of no force or effect as between the parties. 2. In the event of any conflict among any contract components comprising the Agreement,order of precedence for resolving such conflict shall be,from highest(i.e.,supersedes all others)to lowest(i.e.,subordinate to all others): Non-Standard Terms and Conditions,License Terms in order as listed above under the heading`Section B: License Terms',and Order Form. 3. All notices under the Agreement shall be in writing and shall be sent to the following respective addresses: CUSTOMER NOTICE ADDRESS PICTONETRY NOTICE ADDRESS 1800 27th Street 100 Town Centre Drive,Suite A Vero Beach,FL 32960 Rochester,NY 14623 Attn- Will Rice GIS Coordinator Attn: Contract Administration Phone: 772 226-1609 Fax: Phone: 585 486-0093 Fax: 585 486-0098 Either party may change their respective notice address by giving written notice of such change to the other party at the other party's then-current notice address. Notices shall be given by any of the following methods:personal delivery;reputable express courier providing written receipt;or postage-paid certified or registered United States mail,return receipt requested. Notice shall be deemed given when actually received or when delivery is refused. 4. The Agreement,including all licenses granted pursuant to it,shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns,but shall not be assignable by either party except that(i)Pictometry shall have the right to assign its right to receive Fees under the Agreement,provided no such assignment shall affect Pictometry's obligations hereunder, and(ii)Pictometry shall have the right to assign all its rights under the Agreement to any person or entity,provided the assignee has assumed all of Pictometry's obligations under the Agreement. 5. IN NO EVENT SHALL EITHER PARTY BE LIABLE,UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT(INCLUDING UNDER THEORIES INVOLVING TORT,CONTRACT, NEGLIGENCE,STRICT LIABILITY,OR BREACH OF WARRANTY),FOR ANY LOST PROFITS OR FOR ANY INDIRECT,INCIDENTAL,CONSEQUENTIAL,PUNITIVE,OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR OTHERS,EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. With respect to any claims that Customer may have or assert against Pictometry on any matter relating to the Agreement,the total liability of Pictometry shall,in the aggregate,be limited to the aggregate amount received by Pictometry pursuant to the Agreement. 7. The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind. 8. In the event that any of the provisions of the Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable,such provision will be enforced to the maximum extent permissible and the remaining portions of the Agreement shall remain in full force and effect. 9. Pictometry shall not be responsible for any failure on its part to perform due to unforeseen circumstances or to causes beyond Page 1 of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 72 Pictometry's reasonable control,including but not limited to acts of God,war,riot,embargoes,acts of civil or military authorities, fire,weather,floods,accidents,strikes,failure to obtain export licenses or shortages or delays of transportation,facilities,fuel, energy,supplies,labor or materials.In the event of any such delay,Pictometry may defer performance for a period of time reasonably related to the time and nature of the cause of the delay. 10. In consideration of,and subject to,payment by Customer of the Fees specified in Section A of this Agreement,Pictometry agrees to provide Customer with access to and use of the products specified in Section A of this Agreement,subject to the terms and conditions set forth in this Agreement. Customer hereby agrees to pay the Fees specified in Section A of this Agreement in accordance with the stated payment terms and accepts and agrees to abide by the terms of this Agreement. This Agreement shall become effective upon execution by duly authorized officers of the Customer and Pictometry and receipt by Pictometry of such fully executed document,such date of receipt by Pictometry being the"Effective Date." PARTIES: "CUSTOMER" "PICTOMETRY', NAME'(entPICTOMETRY INTERNATIONAL CORP. ty e a Delaware Co oration SIGNATURE: SIGNATURE: NAME: NAME: TITLE: TITLE• DATE: EXECUTION DATE: DATE OF RECEIPT FFECTWE DATE APPROVED AS TO FORM AND LEGAL SUFE Y BY ALAN POLACKMCH COU ATTORNEY Page 2 of 16 Indian River County,FL—C127661 20130613 CMT-00047-20130520 73 SECTION A PRODUCT DESCRIPTIONS,PRICES AND PAYMENT TERMS Pictometry International Corp. ORDER# 100 Town Centre Drive,Suite A C127661 Rochester,NY 14623 BILL TO SHIP TO Indian River County,FL Indian River County,FL Will Rice Will Rice 1800 27th Street 1800 27th Street Vero Beach,FL 32960 Vero Beach,FL 32960 772 226-1609 772 226-1609 wrice irc ov.com wrice irc ov.com CUSTOMER ID SALES REP FREQUENCY OF PROJECT Al 16541 CDeca Triennial QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT' PRICE 1 Change Analysis Enterprise- Perpetual Enterprice-wide License of Change Analysis. $15,000.00 $0.00 $0.00 wide License 100% 1 E-911 Interface-Unlimited Perpetual License. Product enables system interface but $5,000.00 $0.00 $0.00 seats in one PSAP does not cover the actual integration. Licensee must engage third party to provide this integration. 100% 1 EAP PROGRAM Refer to detailed description of EAP Program in attached $0.00 $0.00 Agreement. 1 Electronic Field Stud FS One copy of Electronic Field Study software,latest version. $0.00 $0.00 273 IMAGERY- Product includes:3-inch GSD oblique frame images(4- $450.00 $405.00 $110,565.00 NEIGHBORHOOD-4-way way),3-inch GSD orthogonal frame images,1-meter GSD (N5)(3in)Per Sector ortho mosaic sector tiles and one area-wide 1-meter GSD (10%) mosaic(ECW format).Orthogonal GSD:0.25 feet/pixel; Nominal Oblique GSD(all values+/-10%):Front Line: 0.24 feet/pixel,Middle Line:0.28 feet/pixel,Back Line: 0.34 feet/pix . 1 Media Drive Capacity 931 G- External USB 2.0/eSATA Externally Powered Delivery $199.00 $199.00 Drive Model IT - media prices include copying a complete image library EXTPOWER onto media.Sub-warehousing sold separately. 1 Oblique Imagery Bundle with Includes digital copy of the Licensed Documentation for $0.00 $0.00 Three(3)Years of EFS the License Software,two(2)End User Training Sessions, Maintenance&Support one(1)Advanced User Technical Training,one(1) Administration/IT Training Session,fifteen(15)hours of telephone support,one copy of Pictometry Electronic Field Study(EFS)software,latest version,on the storage media specified herein,and access to download updated versions of the EFS Licensed Software for a period of three years from the initial date of shipment of the EFS software,along with a copy of the updated documentation. 1 Pictometry Connect-PFW- Pictometry Connect Public Facing Website account $1,500.00 $1,500.00 County provides visualization only to Pictometry-hosted imagery licensed to the customer via a web application or server based integration.Imagery is restricted to Pictometry- hosted imagery licensed to the customer only and can be limited by resolution.Term is as listed below and begins from date of activation.Requires a customer provided web application or server based application. License Term: 3 Year(s) I Pictometry Connect-100 Pictometry Connect-100 provides 100 users the ability to $9,000.00 $4,500.00 $4,500.00 login and access Pictometry-hosted imagery licensed to the customer via a web application or server based integration. (50%) The default deployment for this account is through Pictometry Online.Term is as listed below and begins from date of activation. Includes unlimited access to Pictometry-hosted imagery licensed to the customer only. License Term: 3 Year(s) 1 State License Fee State license fee. $0.00 $0.00 I Survey Report-Imagery Available with corresponding imagery purchase. Product $1,500.00 $0.00 $0.00 Project-Compiled To Includes: Report signed/sealed by appropriately Accuracy Statement credentialed personnel. Report details production statistics 100% Page 3 of 16 Indian River County,FL—C127661 20130613 CMT-00047-20130520 74 including GPS/INS post processing and includes an NSSDA compliant"Compiled To"accuracy statement. F273Tiles-Standard(4in GSD; Available with corresponding 3"GSD or 4"GSD imagery $20.00 $10.00 $2,730.00 TIFF format)Per Sector purchase. 4-inch GSD Mosaic Tiles in TIFF Format. Tiles are provided"as is." Refer to Product Parameters for (50%) additional details. 273 Tiles-Standard Compressed Available with purchase of corresponding tile product. $2.00 $1.00 $273.00 (4in GSD;MrSID format)Per New processing or re-processing to MRSID of individual Sector tiles of 4-inch GSD imagery. Tiles are provided"as is." (50%) Refer to Product Parameters for additional details. Thank you for choosing Pictometry as your service provider. TOTAL $119,767.00 'Amount per product=((1-Discount%) *Qty*List Price) FEES;PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement("Fees")are in expressed in United States dollars and do not include any duties,taxes (including,without limitation,any sales,use,ad valorem or withholding,value added or other taxes)or handling fees,all of which are in addition to the amounts shown above and,to the extent applicable to purchases by Customer,shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty(30)days following the invoice due date,such unpaid amounts shall accrue,and Customer shall pay,interest at the rate of 1.5%per month(or at the maximum rate allowed by law,if less). In addition, Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts amount due under this Agreement including,but not limited to, attorneys'fees and court costs. Due at Shipment of Imagery $39,922.00 Due at First Anniversary of Shipment of Imagery $39,922.00 Due at Second Anniversary of Shipment of Imagery $39,923.00 Total Payments $119,767.00 PRODUCT PARAMETERS IMAGERY Product: IMAGERY-NEIGHBORHOOD-4-way(N5)(3in)Per Sector Ortho Tile Projection: State Plane,NAD83 Ortho Tile Format: TIFF Units: Feet Elevation Source: Customer Provided—LiDAR Leaf: Less than 30%leaf cover(Off) Special Instructions: Standard Ortho Mosaic Products:Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry ortho frames to create large-area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes,rather than more expensive manual review and hand-touched corrective processes,there may be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize such artifacts,the Pictometry standard ortho mosaic products are provided on an'AS IS'basis with respect to visible outlines along mosaic seams resulting from the following types of artifacts: i. Disconnects in non-elevated surfaces generally caused by inaccurate elevation data; ii. Disconnects in elevated surfaces(e.g.,roadways,bridges,etc.)generally caused by elevated surfaces not being represented in the elevation data; iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data; iv. Seasonal variations caused by images taken at different times during a season,or during different seasons; V. Ground illumination variations caused by images taken under different illumination(e.g.,sunny,high overcast,morning light,afternoon light,etc.) within one flight day or during different flight days; vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures; vii. Mixed GSD color variations caused by adjacent areas being flown at different ground sample distances(GSDs);and viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water(e.g.,lakes,ponds,rivers,etc.). Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ortho mosaic products. CONNECT Product: Pictometry Connect-PFW-County Admin User: Will Rice Admin User Email: write@iregov.com Requested Activation: On contract execution Special Instructions: Product: Pictometry Connect-100 Admin User: Will Rice Admin User Email: write@ircgov.com Requested Activation: On Contract Execution Page 4 of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 75 Special Instructions: Lconomic Alliance Partnership(EAP) Customer is eligible for the EAP program described below for a period of two years from the Effective Date. Following payment to Pictometry of amounts due with respect to each subsequent capture,Customer will be eligible for the then-current EAP program for a period of two years from delivery of such subsequent capture. A. Disaster Coverage Imagery at No Additional Charge—Pictometry will,upon request of Customer and at no additional charge,provide updated imagery of up to 200 square miles of affected areas(as determined by Pictometry)upon the occurrence of any of the following events during any period Customer is eligible for the EAP program: • Hurricane:areas affected by hurricanes of Category II and higher. (Coverage for hurricanes below Category II and for areas exceeding 200 square miles will be,subject to Pictometry resource availability,available to Customer at the then-current EAP rates.) • Tornado:areas affected by tornados rated EF4 and higher. (Coverage for tornados below EF4 and for areas exceeding 200 square miles will be,subject to Pictometry resource availability,available to Customer at the then-current EAP rates.) • Terrorist:areas affected by damage from terrorist attack. (Coverage for areas exceeding 200 square miles will be,subject to Pictometry resource availability,available to Customer at the then-current EAP rates.) • Earthquake:areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale. (Coverage for earthquakes rated below 6.0 on the Richter scale and for areas exceeding 200 square miles will be,subject to Pictometry resource availability,available to Customer at the then-current EAP rates.) • Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis. (Coverage for areas exceeding 200 square miles will be,subject to Pictometry resource availability,available to Customer at the then-current EAP rates.) B. Software—Use of Pictometry Change AnalysisTM—Pictometry's EAP program includes the use of Change Analysis software for a term of ninety days from the date of delivery of the EAP imagery. The Change Analysis software simultaneously compares pre and post disaster images to aid recovery and restoration efforts. Page 5 of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 76 SECTION B LICENSE TERMS PICTOMETRY DELIVERED CONTENT TERMS AND CONDITIONS OF USE These Pictometry Delivered Content Terms and Conditions of Use (the "Delivered Content Terms and Conditions', in combination with the corresponding Agreement into which these terms are incorporated,collectively set forth the terms and conditions that govern use of Delivered Content(as hereinafter defined)for use within computing environments operated by parties other than Pictometry. As used in the Delivered Content Tetras and Conditions the terms`you"and"your"in uppercase or lowercase shall mean the Customer that entered into the Agreement into which the Delivered Content Terms and Conditions are incorporated. 1. DEFINITIONS 1.1 "Authorized Subdivision"means,if you are a county or a non-state consortium of counties,any political unit or subdivision located totally or substantially within your boundaries that you authorize to have access to Delivered Content pursuant to the Delivered Content Terms and Conditions. 1.2 "Authorized System"means a workstation or server that meets each of the following criteria(i)it is owned or leased by you or an Authorized Subdivision, (ii)it is located within and only accessible from facilities that are owned or leased by you or an Authorized Subdivision,and(iii)it is under the control of and may only be used by you or Authorized Subdivisions. 1.3 "Authorized User"means any employee of you or Authorized Subdivisions that is authorized by you to have access to the Delivered Content through an Authorized System. 1.4 "Delivered Content'means the images,metadata,data layers,models,reports and other geographic or structural visualizations or embodiments included in, provided with,or derived from the information delivered to you by or on behalf of Pictometry pursuant to the Agreement. 1.5 "Project Participant"means any employee or contractor of persons or entities performing services for compensation for you or an Authorized Subdivision that has been identified by written notice to Pictometry prior to being granted access to Delivered Content and,unless Pictometry expressly waives such requirement for any individual,has entered into a written agreement with Pictometry authorizing such access. 2. GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP 2.1 Subject to the terms and conditions of the Agreement,you are granted nonexclusive,nontransferable,limited rights to: (a)install the Delivered Content on Authorized Systems; (b)permit access and use of the Delivered Content through Authorized Systems by: (i) Authorized Users for performance of public responsibilities of you or Authorized Subdivisions that are to be performed entirely within facilities of you or Authorized Subdivisions; (ii)Project Participants under the supervision of Authorized Users for performance of tasks or preparation of materials using only hard copies(or jpg copies)of Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be performed entirely within facilities of you or Authorized Subdivisions;and (iii)individual members of the public,but only through Authorized Users and solely for the purpose of making hard copies or jpg copies of images of individual properties or structures(but not bulk orders of multiple properties or structures)to the individual members of the public requesting them. 2.2 You may not reproduce,distribute or make derivative works based upon the Delivered Content in any medium, except as expressly permitted in the Delivered Content Terms and Conditions. 2.3 You may not offer any part of the Delivered Content for commercial resale or commercial redistribution in any medium. 2.4 You may not distribute or otherwise make available any Delivered Content to Google or its affiliates,either directly or indirectly. 2.5 You may not exploit the goodwill of Pictometry,including its trademarks,service marks,or logos,without the express written consent of Pictometry. 2.6 You may not remove,alter or obscure copyright notices or other notices contained in the Delivered Content. 2.7 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in Delivered Content in all media belong to Pictometry or its third party suppliers.Neither you nor any users of the Delivered Content acquire any proprietary interest in the Delivered Content,or any copies thereof,except the limited use rights granted herein. 3. OBLIGATIONS OF CUSTOMER 3.1 Geographic Data. If available,you agree to provide to Pictometry geographic data in industry standard format(e.g.,shape,DBF)including,but not limited to,digital elevation models, street centerline maps,tax parcel maps and centroids,which data,to the extent practicable, shall be incorporated into the Delivered Content. You agree that any of this data that is owned by you may be distributed and modified by Pictometry as part of its products and services, provided that at no time shall Pictometry claire ownership of that data. 3.2 Notification. You shall(a)notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within ten(10)days after you learn of the claim or proceeding,and(b)report promptly to Pictometry all claimed or suspected defects in Delivered Content. 33 Authorized User Compliance. You shall at all times be responsible for compliance by each Authorized User with the Delivered Content Terms and Conditions. 3.4 Authorized Subdivision Compliance.You shall at all times be responsible for compliance by each Authorized Subdivision with the Delivered Content Terms and Conditions. 3.5 Project Participants. Each notice to Pictometry identifying a potential Project Participant shall include a detailed description of the scope and nature of the Project Participants'planned work and the intended use of the Delivered Content in such work. Pictometry retains the right to restrict or revoke access to Delivered Content by any Project Participant who does not comply with the terms of the Delivered Content Terms and Conditions. 4. LICENSE DURATION;EFFECT OF TERMINATION 4.1 Term. The license granted to you in the Delivered Content Tetras and Conditions is perpetual,subject to Pictometry's right to terminate the license in the event you do not pay in full the Fees specified elsewhere in the Agreement,the Agreement is terminated for any reason other than a breach of the Agreement by Pictometry,or as otherwise provided in the Agreement. 4.2 Effect of Termination. Upon termination of the license granted to you in the Delivered Content Terms and Conditions,you shall immediately cease all use of the Delivered Content,promptly purge all copies of the Delivered Content from all workstations and servers on which any of it may be stored or available at the time,and return hard drive/media containing Delivered Content to Pictometry. 5. TRADEMARKS;CONFIDENTIALITY 5.1 Use of Pictometry's Marks. You agree not to attach any additional trademarks,trade names,logos or designations to any Delivered Content or to any Page 6 of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 77 copies of any Delivered Content without prior written approval from Pictometry. You may,however,include an appropriate government seal and your contact information so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use any Pictometry trademark,trade name,logo,or designation in connection with any product or service other than the Delivered Content. Your nonexclusive right to use Pictometry's trademarks,trade name,logos,and designations are coterminous with the license granted to you in the Delivered Content Terms. 5.2 Confidentiality of Delivered Content.The Delivered Content consists of commercially valuable,proprietary products owned by Pictometry,the design and development of which reflect an investment of considerable time,effort,and money.The Delivered Content is treated by Pictometry as confidential and contains substantial trade secrets of Pictometry. You agree that you will not disclose,provide a copy of,or disseminate the Delivered Content(other than as expressly permitted in the Delivered Content Terms and Conditions)or any part thereof to any person in any manner or for any purpose inconsistent with the license granted to you in the Delivered Content Terms and Conditions.You agree to use your best efforts to assure that your personnel,and any others afforded access to the Delivered Content,protect the Delivered Content against unauthorized use,disclosure,copying,and dissemination,and that access to the Delivered Content and each part thereof will be strictly limited. 6. LIMITED WARRANTY;DISCLAIMER OF WARRANTIES 6.1 Limited Warranties;Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery as of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty,Pictometry shall use reasonable efforts to correct any deficiency that precludes use of the Delivered Content in the manner intended. 6.2 Disclaimer of Other Warranties. Except as provided in Section 6.1,above,THE DELIVERED CONTENT IS PROVIDED TO YOU"AS IS"AND "WITH ALL FAULTS." PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND,EXPRESS,IMPLIED,OR STATUTORY. ALL IMPLIED WARRANTIES,INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND ACCURACY,ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY. 6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content, the total liability of Pictometry shall,in the aggregate,be limited to the aggregate amount received by Pictometry in payment for Delivered Content during the immediately preceding twenty-four(24)month period. 7. MISCELLANEOUS PROVISIONS 7.1 Restricted Rights. Delivered Content acquired with United States Government funds or intended for use within or for any United States federal agency is provided with"Restricted Rights"as defined in DFARS 252.227-7013,Rights in Technical Data and Computer Software and FAR 52.227-14,Rights in Data-General,including Alternate III,as applicable. 7.2 Governing Law. This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York,excluding its conflicts of law principles. [END OF DELIVERED CONTENT TERMS AND CONDITIONS) Page 7 of 16 Indian River County,FL—C127661 20130613 CMT-00047-20130520 78 SECTION B LICENSE TERMS PICTOMETRY ONLINE SERVICES GENERAL TERMS AND CONDITIONS These Pictometry Online Services General Terms and Conditions(the"General Terms and Conditions"),in combination with the corresponding Pictometry order form, if any,collectively constitute the license agreement(the"License AgreemerifI that governs your use of the Pictometry online services(the"Online Services'),the images available in the Online Services,and all associated metadata and data layers included in,provided with,or derived from those images(the"Licensed Content's provided by Pictometry International Corp.and its affiliated companies(collectively,"Pictometry"). The terms"you"and"your"in uppercase or lowercase shall mean the individual,entity(e.g.,corporation,limited liability company,partnership,sole proprietor,etc.)or government agency entering into the License Agreement. 1. GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP 1.1 You are granted a nonexclusive,nontransferable,limited right to access and use the Online Services and the Licensed Content obtained or derived from the Online Services solely for your internal business purposes and not for resale or redistribution.The rights granted to you include,subject to the restrictions set forth below and on the Order Form,the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and work product records,and the right to make hardcopies of the Licensed Content,provided that the Licensed Content and the permitted copies thereof may not be sold,leased,loaned,distributed,or copied for use by anyone other than you. 1.2 You may not make the Online Services available to any other party. 1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the Online Services. 1.4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates,either directly or indirectly. 1.5 You may not exploit the goodwill of Pictometry,including its trademarks,service marks,or logos,without the express written consent of Pictometry. 1.6 You may not remove,alter or obscure copyright notices or other notices contained in the Licensed Content. 1.7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium. 1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry. 1.9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for(a)credit or insurance for personal,family,or household purposes;(b)employment;or(c)a government license or Benefit.The term"consumer"is defined in the United States Fair Credit Reporting Act at 15 USC§1681. 1.10 You may not access the Online Services via mechanical,programmatic,robotic,scripted or any other automated means. Unless otherwise agreed by Pictometry in writing,use of the Online Services is permitted only via manually conducted,discrete,human-initiated individual search and retrieval activities. 1.11 All right,title,and interest(including all copyrights,trademarks and other intellectual property rights)in the Online Services and the Licensed Content in all media belong to Pictometry or its third parry suppliers.Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary interest in the Online Services,the Licensed Content,or any copies thereof,except the limited use rights granted herein. 2. ACCESS TO SERVICES 2.1 Only you,your employees,and temporary or contract employees dedicated to performing work exclusively for you(each,an"Eligible User"and collectively,the"Eligible Users')are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each Eligible User to be provided access to the Online Service shall be assigned a unique login/password("Pictometry Credential'l for purposes of accessing the Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not be shared with,or used by,any other person,including other Eligible Users. You will promptly deactivate an Eligible User's Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User's access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users, including associated charges,whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost,stolen,compromised,or misused. 2.2 The Online Services,the Licensed Content,and features and functionality within the Online Services may be enhanced,added to,withdrawn,or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release,and agree to hold Pictometry harmless from,all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The Online Services and the Licensed Content are provided for visualization purposes only,are not authoritative or definitive,and do not constitute professional engineering or surveying services. 3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements,distance,height,angle,area and volume,may have significant consequences. 3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying proposes. 3.4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data,is provided for informational purposes only,and is not suitable for use as the basis for hydrographic computations,estimations or analyses. 3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications,they are not designed or maintained to support such applications and Pictometry and its third parry suppliers of the Online Services and the Licensed Content hereby disclaim all liability for damages claims and expenses arising from such use. 3.6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy,completeness, efficacy,timeliness and adequacy for your intended propose. 3.7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences resulting from the use of the Online Services or the Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages,claims and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content. 3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content,you waive any and all rights you may have against Pictometry,each third party supplier of any portion of the Online Services or the Licensed Content,and each of their directors,officers,members and employees,arising out of use of or reliance upon the Online Services or the Licensed Content. Page 8 of 16 Indian River County,FL—C127661 20130613 CMT-00047-20130520 79 4. LIMITED WARRANTY 4.1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your Eligible Users as authorized expressly by this License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1,THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN"AS IS", "AS AVAILABLE"BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5.1 No Covered Party(as defined below)shall be liable for any loss,injury,claim,liability,or damage of any kind resulting in any way from(a)any errors in or omissions from the Online Services or the Licensed Content,(b)the unavailability or interruption of the Online Services or any features thereof or the Licensed Content,(c)your or an Eligible User's use of the Online Services or the Licensed Content,(d)the loss or corruption of any data or equipment in connection with the Online Services or the Licensed Content,(e)the content,accuracy,or completeness of the Licensed Content,all regardless of whether you received assistance in the use of the Online Service from a Covered Party,(f)any delay or failure in performance beyond the reasonable control of a Covered Party,or(g)any content retrieved from the Internet even if retrieved or linked to from within the Online Services. 5.2 "Covered Party"means(a)Pictometry and any officer,director,employee,subcontractor,agent,successor,or assign of Pictometry;and(b)each third party supplier of any Licensed Content,third parry alliance entity,their affiliates,and any officer,director,employee,subcontractor,agent,successor,or assign of any third party supplier of any Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL,INDIRECT,INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER(INCLUDING,WITHOUT LIMITATION,ATTORNEYS'FEES)IN ANY WAY DUE TO,RESULTING FROM,OR ARISING IN CONNECTION WITH THE ONLINE SERVICES,THE LICENSED CONTENT,OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR(AND YOUR ELIGIBLE USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a)If there is a breach of the warranty in Section 4.1 above,then Pictometry,at its option and expense,shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent,trademark,service mark,copyright or trade secret infringement related to use of the Online Services or the Licensed Content,asserted against you by such third party provided:(i)all use of the Online Services and the Licensed Content was in accordance with this License Agreement;(ii)the claim,cause of action or infringement was not caused by you modifying or combining the Online Services or the Licensed Content with or into other products,applications,images or data not approved by Pictometry;(iii)you give Pictometry prompt notice of such claim;and(iv)you give Pictometry the right to control and direct the investigation,defense and settlement of such claim. You,at Pictometry's expense,shall reasonably cooperate with Pictometry in connection with the foregoing. (b)In addition to Section 5.5(a),if the Online Services,the operation thereof or the Licensed Content become,or in the opinion of Pictometry are likely to become,the subject of a claim of infringement,Pictometry may,at its option and expense,either:(i)procure for you the right to continue using the Online Services or the Licensed Content,(ii)replace or modify the Online Services or the Licensed Content so that they become non-infringing;or(iii) terminate the License Agreement on notice to you and grant you a pro-rata refund or credit(whichever is applicable)for any pre-paid fees or fixed charges. (c)The provisions of Sections 5.5(a)and(b)shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this License Agreement,such changes will:(a)only be applied prospectively;and(b)not be specifically directed against you or your Eligible Users but will apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to Pictometry if any change to the terms and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section 6.1,written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change,but does not affect the foregoing termination right. Except as provided above,this License Agreement may not be supplemented,modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore,this License Agreement may not be supplemented,modified or otherwise revised by email exchange,even if the email contains a printed name or signature line bearing signature-like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties,provided such signatures include digital certifications or are otherwise authenticated. 6.2 In the event of a breach of this License Agreement by you,any Eligible User or someone using the Pictometry Credential of an Eligible User,Pictometry may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry. Notices shall be deemed to have been properly given on the date deposited in the mail,if mailed;on the date first made available,if displayed in the Online Services;or on the date received,if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry,Attn:General Counsel,100 Town Centre Drive,Suite A,Rochester,New York 14623. 6.4 The failure of you,Pictometry,or any third party supplier of the Online Services or any Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior written consent of Pictometry. Any attempt by you or any Eligible User to assign,transfer or delegate your rights or obligations under this License Agreement without Pictometry's consent shall be void,and shall also void the limited license granted to you by this License Agreement. This License Agreement and any amendment thereto shall be binding on,and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York,excluding its conflicts of law principles. Unless you are a government entity,in the event that any legal proceedings are commenced with respect to any matter arising under this License Agreement, the parties specifically consent and agree that the courts of the State of New York or,in the alternative,the Federal Courts located in the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings,and that the venue of any such action shall be Page 9 of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 80 in Monroe County,New York or the U.S.District Court for the Western District of New York,as applicable. 6.7 This License Agreement will be enforced to the fullest extent permitted by applicable law.If any provision of this License Agreement is held to be invalid or unenforceable to any extent,then(a)such provision will be interpreted,construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and(b)such invalidity or unenforceability will not affect any other provision of this License Agreement. 6.8 Where applicable,each affiliated company of Pictometry and each third party supplier of the Online Services or any Licensed Content has the right to assert and enforce the provisions of this License Agreement directly on its own behalf as a third party beneficiary. 6.9 In the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or the Licensed Content,you agree to pay all of Pictometry's costs of enforcement and collection,including court costs and reasonable attorneys'fees. 6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications,representations,proposals or quotations relating to that subject matter. [END OF ONLINE SERVICES GENERAL TERMS AND CONDITIONS] Page 10 of 16 Indian River County,FL—C127661 20130613 CMT-00047-20130520 81 SECTION B LICENSE TERMS PICTOMETRY WEB VISUALIZATION OFFERING TERMS AND CONDITIONS These Pictometry Web Visualization Offering Terms and Conditions(the"WVO Terms and Conditions',in combination with the corresponding Pictometry order form,if any,collectively constitute the license agreement(the"W VO License Agreement")that governs your use of Pictometry web visualization offerings(the"W VO Services'),the images available in the WVO Services,and all associated metadata and data layers included in,provided with,or derived from those images(the"WVO Licensed Content')provided by Pictometry International Corp.and its affiliated companies(collectively,"Pictometry'l. The terms"you"and"your"in uppercase or lowercase shall mean the individual,entity(e.g.,corporation,limited liability company,partnership,sole proprietor,etc.)or government agency entering into the WVO License Agreement. 1. GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP 1.1 You are granted a nonexclusive,nontransferable,limited right to use and to provide public access to,and use of,the WO Services solely for purposes of providing access to WVO Licensed Content in response to human-initiated,discrete location-specific requests through a single web site operated exclusively by or for you to serve you and your public constituencies and not for resale or redistribution or commercial use of any nature. 1.2 You may not copy or retain copies of the W VO Licensed Content obtained through the VIVO Services or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the W VO Services or any other Pictometry Services,nor will your authorize or permit any user of the WVO Services to do so. 1.3 You may not exploit the goodwill of Pictometry,including its trademarks,service marks,or logos without the express written consent of Pictometry. 1.4 You may not remove,alter or obscure copyright notices or other notices contained in the WO Licensed Content. 1.5 You may not offer any part of the WVO Services or the WVO Licensed Content for commercial resale or commercial redistribution in any medium. 1.6 All right,title,and interest(including all copyrights,trademarks and other intellectual property rights)in the WVO Services and the WVO Licensed Content in all media belong to Pictometry or its third party suppliers.Neither you nor any users of the W VO Services or the WVO Licensed Content acquire any proprietary interest in the WVO Services,the WVO Licensed Content,or any copies thereof,except the limited use rights granted herein. 2. TERMS OF ACCESS TO WVO SERVICES 2.1 You shall provide to all end-users of the WVO Services on the page through which they access such services conspicuous notice of the following terms of access:(a)WVO Licensed Content available through the WVO is copyrighted material,(b)end-users of the WVO Services are granted the right to access and view the WVO Licensed Content through the WVO Services for personal use only and not for commercial purposes of any type,(c)end-users of the WVO Services are prohibited from reproducing,reselling,transferring,redistributing or creating derivative works from WVO Licensed Content,(d)all right,title,and interest(including all copyrights,trademarks and other intellectual property rights)in the WVO Services and the WVO Licensed Content in all media belong to Pictometry or its third party suppliers,and(e)THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN "AS IS","AS AVAILABLE"BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2.2 The WVO Services,the WVO Licensed Content,and features and functionality within the WVO Services may be enhanced,added to,withdrawn,or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the WVO Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release,and agree to hold Pictometry harmless from,all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The WVO Services and the WVO Licensed Content are provided for visualization purposes only,are not authoritative or definitive,and do not constitute professional engineering or surveying services. 3.2 The WVO Services and the WVO Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements,distance,height,angle,area and volume,may have significant consequences. 3.3 All measurements and reports generated by the WVO Services or from the WVO Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3.4 Contour information obtained from the WVO Services or contained in the WVO Licensed Content is generated from undersampled elevation data,is provided for informational purposes only,and is not suitable for use as the basis for hydrographic computations,estimations or analyses. 3.5 While the WVO Services and the WVO Licensed Content may be considered useful supplements for life critical applications,they are not designed or maintained to support such applications and Pictometry and its third party suppliers of the WVO O Services and the W VO Licensed Content hereby disclaim all liability for damages,claims and expenses arising from such use. 3.6 Your reliance on the WVO Services and the W VO Licensed Content should only be undertaken after an independent review of their accuracy,completeness, efficacy,timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content assume no responsibility for any consequences resulting from the use of the WVO 0 Services or the VIVO Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content hereby disclaim all liability for damages,claims and expenses arising from or in any way related to the accuracy or availability of the WVO Services and the WVO Licensed Content. 3.9 By accepting these WVO Terms and Conditions or by using the WVO Services or the WVO Licensed Content,you waive any and all rights you may have against Pictometry,each third party supplier of any portion of the WVO Services or the WVO Licensed Content,and each of their directors,officers, members and employees,arising out of use of or reliance upon the W VO Services or the WO Licensed Content. 4. LIMITED WARRANTY 4.1 Pictometry represents and warrants that it has the right and authority to make the WVO Services and the WVO Licensed Content available to you as authorized expressly by this WVO License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1,THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN"AS IS","AS AVAILABLE"BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5.1 No Covered Party(as defined below)shall be liable for any loss,injury,claim,liability,or damage of any kind resulting in any way from(a)any errors in or omissions from the WVO Services or the VIVO Licensed Content,(b)the unavailability or interruption of the WVO Services or any features thereof or the WVO Licensed Content,(c)your or any other party's use of the WVO Services or the WVO Licensed Content,(d)the loss or corruption of any data or Page 1 I of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 82 equipment in connection with the WVO Services or the WVO Licensed Content,(e)the content,accuracy,or completeness of the WVO Licensed Content, all regardless of any assistance received in the use of the WVO Service from a Covered Party,(f)any delay or failure in performance beyond the reasonable control of a Covered Party,or(g)any content retrieved from the Internet even if retrieved or linked to from within the WVO Services. 5.2 "Covered Party"means(a)Pictometry,its affiliates and any officer,director,employee,subcontractor,agent,successor,or assign of Pictometry or its affiliates;and(b)each third parry supplier of any WVO Licensed Content,third party alliance entity,their affiliates,and any officer,director,employee, subcontractor,agent,successor,or assign of any third party supplier of any WVO Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WVO SERVICES OR THE WVO LICENSED CONTENT OR THIS WVO LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE WVO SERVICES IN THE TWENTY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL,INDIRECT,INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER(INCLUDING,WITHOUT LIMITATION,ATTORNEYS'FEES)IN ANY WAY DUE TO,RESULTING FROM,OR ARISING IN CONNECTION WITH THE WVO SERVICES, THE WVO LICENSED CONTENT,OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR(OR ANY OTHER WVO SERVICES USERS')INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a)If there is a breach of the warranty in Section 4.1 above,then Pictometry,at its option and expense,shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent,trademark,service mark,copyright or trade secret infringement related to use of the WVO Services or the WVO Licensed Content,asserted against you by such third party provided:(i)all use of the WVO Services and the WVO Licensed Content was in accordance with this WVO License Agreement;(ii)the claim,cause of action or infringement was not caused by you modifying or combining the WVO O Services or the WVO Licensed Content with or into other products, applications,images or data not approved by Pictometry;(iii)you give Pictometry prompt notice of such claim;and(iv)you give Pictometry the right to control and direct the investigation,defense and settlement of such claim. You,at Pictometry's expense,shall reasonably cooperate with Pictometry in connection with the foregoing. (b)In addition to Section 5.5(a),if the WVO Services,the operation thereof or the WVO Licensed Content become,or in the opinion of Pictometry are likely to become,the subject of a claim of infringement,Pictometry may,at its option and expense,either:(i)procure for you the right to continue using the WVO Services or the WVO Licensed Content,(ii)replace or modify the WVO Services or the WVO O Licensed Content so that they become non-infringing;or(iii)terminate the WVO License Agreement on notice to you and grant you a pro-rata refund or credit(whichever is applicable)for any pre-paid fees or fixed charges. (c)The provisions of Sections 5.5(a)and(b)shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this WVO License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this WVO License Agreement,such changes will:(a)only be applied prospectively;and(b)not be specifically directed against you but will apply to all similarly situated Pictometry customers using the WO 0 Services. You may terminate this WO License Agreement upon written notice to Pictometry if any change to the terms and conditions of this WVO License Agreement is unacceptable to you. For termination to be effective under this Section 6.1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the WVO Services following the effective date of any change constitutes acceptance of the change,but does not affect the foregoing termination right. Except as provided above,this WVO License Agreement may not be supplemented,modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore,this WVO License Agreement may not be supplemented,modified or otherwise revised by email exchange,even if the email contains a printed name or signature line bearing signature-like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties,provided such signatures include digital certifications or are otherwise authenticated. 6.2 In the event of a breach of this WO License Agreement by you or someone using the WVO Services,Pictometry may temporarily suspend or discontinue providing access to the WO Services without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed or on the date received,if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry,Attn:General Counsel,100 Town Centre Drive,Suite A,Rochester,New York 14623. 6.4 The failure of you,Pictometry,or any third party supplier of the WVO Services or any WVO Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 You may not assign or otherwise transfer your rights or delegate your duties under this WVO License Agreement without the prior written consent of Pictometry. Any attempt by you to assign,transfer or delegate your rights or obligations under this WVO License Agreement without Pictometry's consent shall be void,and shall also void the limited license granted to you by this WVO License Agreement. This WO License Agreement and any amendment thereto shall be binding on,and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This WVO License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York,excluding its conflicts of law principles. Unless you are a government entity,in the event that any legal proceedings are commenced with respect to any matter arising under this WVO O License Agreement,the parties specifically consent and agree that the courts of the State of New York or,in the alternative,the Federal Courts located in the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings,and that the venue of any such action shall be in Monroe County,New York or the U.S.District Court for the Western District of New York,as applicable. 6.7 This WVO License Agreement will be enforced to the fullest extent permitted by applicable law.If any provision of this WVO License Agreement is held to be invalid or unenforceable to any extent,then(a)such provision will be interpreted,construed and reformed to the extent reasonably required to render it valid,enforceable and consistent with its original intent and(b)such invalidity or unenforceability will not affect any other provision of this WVO License Agreement. 6.8 Where applicable,each affiliated company of Pictometry and each third party supplier of the WO Services or any WVO Licensed Content has the right to assert and enforce the provisions of this WVO License Agreement directly on its own behalf as a third party beneficiary. 6.9 In the event of a breach of your obligations under this WVO License Agreement or your payment obligations with respect to access to the WVO Services or the WVO Licensed Content,you agree to pay all of Pictometry's costs of enforcement and collection,including court costs and reasonable attorneys'fees. 6.10 This WVO License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications,representations,proposals or quotations relating to that subject matter. [END OF WEB VISUALIZATION OFFERING TERMS AND CONDITIONS] Page 12 of 16 Indian River County,FL—C127661 20130613 CMT-00047-20130520 83 SECTION S LICENSE TERMS PICTOMETRY SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING,INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE,YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,DO NOT DOWNLOAD,INSTALL OR USE THE SOFTWARE. 1. GENERAL. The software("Pictometry Software")and any written materials that accompany the software("Documentation")in any media or form are licensed,not sold,to you by Pictometry International Corp.("Pictometry")for use only under the terms of this License.Pictometry reserves all rights not expressly granted to you in this License. 2. LICENSE. Subject to the terms and conditions of this License,you are granted a limited,non-transferable,terminable,non-sublicenseable,non-exclusive license to install and use the Pictometry Software and the Documentation(collectively,the"Proprietary Materials' solely for internal use. Use of the functionality provided by the Pictometry Software other than for your internal use is prohibited,except with the prior written approval of Pictometry. You may make one copy of the Pictometry Software in machine-readable form for backup purposes only;provided that the backup copy must include all copyright and other proprietary notices contained in the original.You will not and will not enable others to decompile,reverse engineer,disassemble,attempt to derive the source code of,decrypt,modify,create derivative works of,or tamper with or disable any security or monitoring features within the Pictometry Software. Any attempt to do so is a violation of the rights of Pictometry and its licensors. 3. TITLE. The Proprietary Materials are confidential information of,trade secrets of,and are proprietary to Pictometry.Title to the Proprietary Materials is and will remain in Pictometry and its licensors.All applicable rights to patents,copyrights,trademarks,trade secrets,and other intellectual property rights in the Proprietary Materials are and will remain in Pictometry and its licensors.You will not assert any right,title or interest in the Proprietary Materials provided to you under this License,except for the express license granted to you hereunder.You will not remove any copyright or other proprietary notice or legend contained on or included in any Proprietary Materials and you will reproduce all such information on all copies made hereunder.You will keep the Proprietary Materials free of all claims,liens and encumbrances. 4. DISCLAIMERS OF WARRANTY. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE PICTOMETRY SOFTWARE IS PROVIDED"AS IS",WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE,WHETHER EXPRESS,IMPLIED OR STATUTORY,INCLUDING,BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS,THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED. 5. LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL,SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,INCLUDING,WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS,LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTOMETRY SOFTWARE,HOWEVER CAUSED,REGARDLESS OF THE THEORY OF LIABILITY(CONTRACT,TORT OR OTHERWISE),EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY)CAUSED BY,ARISING OUT OF OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS($50.00).THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. TERMINATION. This License will terminate automatically without notice from Pictometry if you fail to comply with any term of this License. Upon the termination of this License,you will cease all use of the Pictometry Software and destroy all copies,full or partial,of the Proprietary Materials. 7. MISCELLANEOUS PROVISIONS. A. Restricted Rights. Pictometry Software acquired with United States Government funds or intended for use within or for any United States federal agency is provided with"Restricted Rights"as defined in DFARS 252.227-7013,Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data-General,including Alternate III,as applicable.Pictometry must be notified in advance of any license grants to United States federal governmental entities.The Pictometry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently dangerous applications or applications that could lead to property damage,personal injury or death.If you use the Pictometry Software in such applications,then you will be responsible for taking all appropriate fail-safe,backup,redundancy,and other measures to ensure the safe use of the Pictometry Software in such applications,including but not limited to,in any nuclear,aviation,mass transit,public safety or medical applications. B. Foreign Trade Restrictions The parties acknowledge that certain information,software technology,accompanying documentation and technical information may be subject to United States export control laws.You will not directly or indirectly export or re-export the Pictometry Software in violation of the Export Administration Regulations of the U.S.Department of Commerce. C. Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of New York,excluding its conflict of laws principles. D. Assignment You may not assign this License without Pictometry's prior written consent.Any assignment in violation of this License will be null,void and of no force and effect. For all purposes under this License,any merger,consolidation,spin-off,acquisition or change-in-control will be deemed an assignment. E. Partial Invalidity;Survival. If any provision of this License is held invalid or unenforceable by competent authority,that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it will then appear. The total invalidity or unenforceability of any particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid or unenforceable provision were omitted.The provisions of this License that by their nature would survive its termination will survive indefinitely. Page 13 of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 84 F. Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the reasonable control of such party and without its fault or negligence.Neither parry will be liable for any delay or failure in the performance of its obligations under this License that directly results from any failure of the other party to perform its obligations as set forth in this License. G. Waiver. No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this License.No failure on the part of a parry to exercise,and no delay in exercising any of its rights hereunder will operate as a waiver thereof,nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right.No course of dealing between the parties will be deemed effective to modify,amend or discharge any part of this License or the rights or obligations of any party hereunder. H. Entire Agreement;Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings regarding that subject matter.No amendment to or modification of this License will be binding unless in writing and signed by Pictometry.There are no representations,warranties,or obligations of any party not expressly contained herein. The headings in this License are for convenience only.They do not constitute a portion of this License and will not be used in any construction of it. [END OF SOFTWARE LICENSE AGREEMENT] Page 14 of 16 Indian River County,FL—C127661 20130613 CMT-00047-20130520 85 SECTION C NON-STANDARD TERMS AND CONDITIONS 1. Online Services Eligible Users: Notwithstanding anything in the Online Services General Terms and Conditions incorporated in this Agreement to the contrary,the terms 'Eligible User'and'Eligible Users'as defined in those Online Services General Terms and Conditions shall,for the purposes of this Agreement,also include each'Authorized User'as that term is defined in the Delivered Content Terms and Conditions of Use incorporated in this Agreement. [END OF NON-STANDARD TERMS AND CONDITIONS] Page 15 of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 86 SECTOR MAP Indian River, FL(FLINDI} 'RFY=Rn I OL CSCE)-A ND AN:NC 1 0l'C:CI IOD:C o L_G16 Community Sectors:0 Neighborhood Sectors-273 Page 16 of 16 Indian River County,FL—C 127661 20130613 CMT-00047-20130520 87 ACC)RL> CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/25/2014 3/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS -RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers,LLC NAONTACT ME:CAME: CA License#OF]5767 PHONE FAX Two Embarcadero Center,Suite 1700 E-MAIL °/c "0 San Francisco CA 94111 ADDRESS: (415)568-4000 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Federal In ura ce Company 20281 INSURED Aerial Holdings,Inc; INSURER a: Insurance a 2 777 1362588 Pictomet ryInternational Corp. INSURER C:ACE American Insurance Co=aLiy 22667 100 Town Centre Drive INSURER D: Rochester 14623 INSURER E: INSURER F: COVERAGES PICTO-1 CERTIFICATE NUMBER: 12249244 REVISION NUMBER: RXmXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE '�`D SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER_ _ MM/DD/YYYY MM/DD/YYYY-. A GENERAL LIABILITY N N 3589-3989 4/1/2013 4/1/2014 EACH OCCURRENCE DAMAGE TO RENTED MMERCIAL GENE BILITY PREMISES(Ea one $ 1,000,000 CLAIMS-MADE OCCUR MED EXP An oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2-000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY JEX LOC $ AUTOMOBILE LIABILITY N N 9947-3477 4/1/2013 4/1/2014COMBINED L (Ea accident) $ 1,000,000 x ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS AUTOS BODILY INJURY Per accident $ } Xx xx X HIRED AUTOS MSCHEDULED AUT SWNED (Par acr."dentl PROPERTY DAMAGE $ AAXXXl x $ XXXXx}x A X UMBRELLA LIAB x OCCUR N N 7984-8938 4/1/2013 4/1/2014 EACH OCCURRENCE $ 10 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ X B WORKERS COMPENSATION N WC STA - OTH- AND EMPLOYERS'LIABILITY YIN 7175-0510 4/1/2013 4/1/2014 X TORY LIMITS ER ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER E XCLUDEDT N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-FA EMPLOYEE $ 1,000,000 If yes,RIPTIOribdNesce uOnderOPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCF C Professional Liability N N 623670252-001 1/25/2013 1/25/2014 Limit:$5,000,000 each Ciaim/Agg. (E&O) SIR:$100,000 each claim Claims-Made Policy Retro Date:1/25/13 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Evidence of coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12249244 AUTHORIZED REPRESENTATIVE Indian River County,Florida 1800 27th Street Vero Beach FL 32960 ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION.All rights reserve8 CONSEW INDIAN RIVER COUNTY, FLORIDA MEMORANDUM tw TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director And Christopher J. Kafer,Jr., P.E., County Engine r FROM: Michael D. Nixon, P.E., Roadway Production Manager SUBJECT: Amendment No. 19 to the Professional Services Agreement with Carter Associates, Inc. IRC Project No. 9810B 66th Avenue Paving Improvements, Phase 2 (4th Street to 16th Street) (Additional Utility Improvements) DATE: June 20, 2013 DESCRIPTION AND CONDITIONS On June 18, 2013, the Board of County Commissioners approved the extension of an eight(8")water main along 66th Avenue from just south of 12th Street to 16th Street. This extension will complete a looped system between 4th Street and 16th Street to improve flow, pressure and fire protection to the area. At the request of the Utilities Services Department, Carter Associates, Inc. prepared a proposal for additional engineering design, permitting and inspection services. Indian River County entered into a Professional Services Agreement with Carter Associates, Inc. on November 17, 1998 for the above subject project and the Board of County Commissioners has approved Amendment Nos. 1 through 18 for additional services, bringing the current total for the Agreement to $706,925.00. Amendment No. 19 includes the following Scope of Services and cost: Design and drafting 2900 linear feet of 8-inch water main $3,000.00 Design and drafting drainage crossings $1,600.00 Design and detail aerial bridge crossing and approaches $1,800.00 Quantity takeoff and table $700.00 Prepare gnchsend deliverables(Design and As-builts) $250.00 FDEP permitting(1 new permit) $650.00 Inspection (28 Hours) $2,300.00 Inspection Administration $560.00 (W FDEP Certifications $560.00 Total (Lump Sum) S11.420.00 F-TuNic WorUTNGINEERING DMSION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\agenda ite=M 10 BCC Aga-Amend 19 06-18-13.doc 89 PAGE TWO (W BCC Agenda Item from Michael D. Nixon, P.E. FOR BCC Agenda July 2, 2013 FUNDING Funding is budgeted and available from the Indian River County Utilities Capital Account No. 472- 169000-13526, in the amount of$11,420.00. Capital funds are derived from impact fees. RECOMMENDATION Staff recommends approval of the attached Amendment No. 19 for a lump sum amount of$11,420.00 for Carter Associates,Inc.as outlined in the attached Scope of Services(Exhibit"A")dated June 17,2013, and requests the Board to authorize the Chairman to execute the attached Amendment No. 19. ATTACHMENTS 1. Amendment No. 19 to the Professional Engineering Services Agreement for 66th Avenue Paving and Drainage Improvements, Phase 2 between 4th Street and 16th Street—IRC Project#9810B. 2. Proposal (Exhibit"A")from Carter Associates, Inc. dated June 17, 2013. DISTRIBUTION 1. Patrick Walther, P.E., Principal,Carter Associates, Inc. 2. Vincent M. Burke, P.E., Director of Utilities Services APPROVED AGENDA ITEM FOR J 2 2013 Indian River County AMoved Date Administration A jc -f Gal 3 BY Y Budget r to-X Legal .6-2 Utilities V Public Works C" Engineering (W F:\Pubtic Works\ENGINEEWNG DIVISION PROJECTS\9810&66th Ave Ph 2 4th St to 16th St\A&im\agenda itans19810 BCC Aga-Amend 19 06-18-13.doc 90 AMENDMENT NO. 19 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT 66TH AVENUE PAVING AND DRAINAGE IMPROVEMENTS, PHASE 2 BETWEEN 4TH STREET AND 16TH STREET IRC PROJECT NO. 9810B THIS is an amendment-to the existing AGREEMENT dated NOVEMBER 17, 1998, including AMENDMENTS NUMBER 1 through 18,between CARTER ASSOCIATES,INC.(ENGINEER)and INDIAN RIVER COUNTY(COUNTY). The proposed scope of work includes design for water mainline section that will loop the transmission main from 4"'Street to 16th Street along 66th Avenue,thereby providing multi-connected water service. This work includes approximately 2,900 linear feet of additional buried 8 inch diameter water main,with an aerial crossing located on the new roadway bridge crossing the IRFWCD Main Canal. The scope will also include inspections and final certification of completion. All provisions of the original Professional Engineering Services Agreement including Amendment Nos. 1 through 18 shall remain in full force and effect, unless otherwise specifically modified. This amendment addresses changes in "SCOPE OF SERVICES", "COMPENSATION"and"TIME OF COMPLETION"of the AGREEMENT. SCOPE OF SERVICES See attached letter from Carter Associates,Inc.dated June 17,2013,(Exhibit A)which specifies changes in the "SCOPE OF SERVICES"and"COMPENSATION". COMPENSATION This section of the AGREEMENT entitled SECTION V-COMPENSATION shall be revised in response to the Scope modifications set out herein. The charges associated with this AMENDMENT NO. 19 are as follows: Design and drafting 2900 linear feet of 8 inch diameter water main $3,000.00 Design and drafting drainage crossings $1,600.00 Design and detail aerial bridge crossing and approaches $1,800.00 Quantity takeoff and table $700.00 Prepare and send deliverables (Design and As-builts) $250.00 FDEP permitting(1 new permit) $650.00 Inspection(28 Hours) $2,300.00 Inspection Administration $560.00 FDEP Certifications $560.00 fir,,. Total (Lump Sum) $11,420.00 CADocuments and Settings\syb9,Agoca1 Settingffemporary Intemet Fi1es\0LK67\9810 Amendment 19 06-18-13.doc 1 91 r The charges associated with the AGREEMENT(which include changes from Amendments 1 18 through and g ) these additional services included in proposed Amendment 19 shall be increased from $706,925.00 to $718,345.00. The AGREEMENT is hereby amended as specifically set forth herein. All sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 19 to the AGREEMENT, regardless of where executed, shall be governed by and construed by the laws of the State of Florida. TIME OF COMPLETION Carter Associates, Inc. shall have 30 calendar days from their receipt of a written Notice to Proceed to complete the additional design services of this amendment. Inspection services to run concurrently with the construction for the 66th Avenue Roadway Improvements, Phase 2 (4th Street to 16th Street)Project. In WITNESS whereof the parties have executed the Amendment this Day of , 2013. (W nCASSOIC , C. INDIAN RIVER COUNTY,FLORIDA David E. Luethje,PSM Joseph E. Flesher, Chairman Principal/Vice-President Board of County Commissioners Witnessed by: Approved by BCC ` Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: William K. VeBraal, Deputy County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency (k\A7, Josep A. gird, County Administrator C Documents and Settings\sybilwToca1 Settings\Temporary Internet Files\OLK67\9810 Amendment 19 06-18-13.doe 2 92 EXHIBITA CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1703 21st STREET-VERO BEACH,FLORIDA 32960-3472•772.562-4191•772-562-7150(FAX) JOHN 11.BLUM,P.E.,PRINCIPAL FRANK S.CUCCURESE,P.S.M. DAVID I-LUETHJE,P.S.M.,PRINCIPAL CLINTON J.RAHJES,P.E. GEORGE A.SIMONS.P.L'..PRINCIPAL STEVE D.SNOBERGER,P.E. PATRICK S.WALTHER,P.E.,PRINCIPAL BENJAMIN D.SPEED,P.E. MARVIN E.CARTER,P.S.M.,Consultant to the Firm DEAN F.LUETHJE,P.E.,&L&w,Coosultant to the Finn June 17,2013 Original to Addressee,E-mailed to Others Mr.Christopher J.Kafer,Jr.,P.E.,County Engineer Indian River County Engineering Division 1801 27'h Street Vero Beach,FL 32960 Re: 66'h Avenue Roadway Improvements(4'h Street to State Road 60) Amendment No. 19—Professional Engineering Services Agreement IRC Project No.9810(CAI Job#98-23E) 66'h Avenue Water Transmission Main Extension Dear Chris: (W We are pleased to present this roposed amendment for additional professional engineering services related to the Phase 2 portion of the 66 Avenue paving and drainage improvements project(4'h Street to 16'h Street). All provisions of the original Professional Engineering Services Agreement (dated November 17, 1998), including Amendment Nos. 1 through 18, shall remain in full force and effect, unless otherwise specifically modified herein. The following further describes our proposed scope of services and terms of agreement between Carter Associates, Inc.(CAI)and Indian River County(County): Additional Services: We have met with the Indian River County Department of Utility Services,and per their request we propose to provide the following services: 1. Design and draft a water transmission main extension from south of 12'h Street to an existing 66'h Avenue tie-in located at 16'h Street. Construction of this mainline section will loop the transmission main from 4'h Street to 16`h Street along 66'h Avenue, thereby providing multi-connected water service. This project includes approximately 2,900 l.f, of additional buried 8-inch main, with an aerial crossing located on the new roadway bridge crossing the Main Canal, all to be located in 66fl' Avenue right-of-way. 2. Design and indicate the method and separation for all drainage crossings. 3. Design and detail the aerial bridge crossing,supports and approaches. 4. Calculate and itemize additional Contract Construction Quantities on Quantity sheet. 5. Produce and provide digital CD and hard copy of revised Plan/Profile and Quantity sheets to County. - I j SerAng Flodda N:\PSW\P\98-23E\Agreements\Amendmentl9 Proposal 6-21-13.doe Page 1 of 2 — �i Since 1911 93 6. Prepare FDEP Permit Application,with County provide the$650 Application Fee. P PP ty to P rovPP 7. Provide inspection of materials, conflict crossings, aerial crossing, sample point locations and final pressure test. The day to day inspection and assurance of construction complying with State and County standards shall be performed by the County Utility Inspector. 8. Perform FDEP certification of completion,for FDEP permitted facilities only. Compensation: The estimated costs to provide the above stated additional services are as follows: 1. Design and draft 3,000±LF of Buried 8-inch Main $3,000.00 2. Design and draft Drainage Crossings $ 1,600.00 3. Design and detail Aerial Bridge Crossing and Approaches $ 1,800.00 4. Prepare Quantity Take Off and Table $ 700.00 5. Prepare and Transmit Deliverables(Design and As-Builts) $ 250.00 6. FDEP Permitting(1 new permit) $ 650.00 7. Inspection(28 hours) $2,300.00 8. Inspection Administration $ 560.00 9. FDEP Certification(1 permit) 560.00 Total= $11,420.00 Amendment No. 19 additional services shall be invoiced on a time and materials basis,with a lump sum total cost of$ 11,420.00. Please feel free to contact me should you have any questions or concerns regarding our proposed scope of work or terms of agreement. Sincerely, 7er late c.ay .Luethje,PSM Principal/Vice-President sds cc: Michael Nixon,P.E.—IRC Engineering Gordon Sparks,P.E.—IRC Utilities Steve Snoberger,P.E.-CAI SeMi2g Hoicla i Since ni i N:\PSW\P\98-23E\Agreements\Amendmentl9 Proposal 6-21-13.doc Page 2 of 2 94 PUBLIC HEARING INDIAN RIVER COUNTY, FLORIDA LEGISLATIVE �✓ MEMORANDUM TO: Joseph A. Baird County Administrator D TMENT HEAD CONCURRENCE: Robert M. Keating, CP Community JDevelopment Dire or THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP77W A Senior Planner, Current Development DATE: June 4, 2013 SUBJECT: KTLC TD 1,LLC's Request for Abandonment of a 20'Alleyway Running from 42"d Place South to 42"d Street and Lying Behind Lots 1-10 of the J. T. Gray's Town of Gifford Subdivision [2013040006-70650/ROWA-13-07-01] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 2, 2013. DESCRIPTION AND CONDITIONS: KTLC TDI,LLC has submitted a petition to abandon a 20'wide alley right-of-way that runs behind Lots 1-10 of the J. T.Gray's Town of Gifford Subdivision. Currently,the applicant owns lots 2-4 of the J. T. Gray's subdivision, and those lots abut a portion of the alley right-of-way proposed for abandonment. Since the entire alley segment functions as a whole,the request involves abandoning the entire portion of the alley from 42nd Place to 42nd Street (adjacent to lots 1-10). If abandoned, the right-of-way will be joined to the adjacent private lots that lie within the J. T. Gray's Subdivision,since the right-of-way was created by that plat and the right-of-way is the eastern limits of the plat. In this case,those lots lie to the west of the alley right-of-way. If abandoned,the entire alley right-of-way will be added to the abutting lots to the west, extending the rear property line of each of those lots by 20'. Prior to the Technical Review Committee meeting at which the subject request was reviewed, planning staff notified each owner of property adjacent to both sides of the subject alley right-of-way by mail. To date, staff has received no objections from any adjacent property owner. FACommunity Deve1opment\CurDev\BCC\2013 BCC\KiteROWAstaffreport.doc 95 (W The subject 20' wide alley right-of-way was created by the 1904 J. T. Gray's Town of Gifford Subdivision plat recorded in Brevard County. That occurred prior to creation of Indian River County. The right-of-way now is within the jurisdiction of the Indian River County Board of County Commissioners. Although the alleyway was never improved as a street/alley,drainage and utility improvements were constructed within the right-of-way. At this time,the applicant requests that the subject alleyway be abandoned. Because the subject site and the adjacent properties to the north, south, and east are zoned CG, General Commercial, the applicant has indicated that the abandonment will facilitate future commercial development of his lots and other lots in the area,potentially allowing commercial lots fronting on Old Dixie Highway to be combined with commercial lots fronting on US 1. ANALYSIS: Consistent with guidelines established by the Board of County Commissioners, this petition was reviewed by all county divisions and utility providers having jurisdiction or potential interests within the subject 20'wide alley right-of-way. Upon review,county Utility Services advised that there is a gravity sewer main running within the right-of-way, and Public Works has indicated that a county drainage project will use a portion of the right-of-way. Therefore,Utility Services and Public Works recommend that the entire right-of-way be retained as a drainage and utility easement to accommodate drainage and utility uses. All other jurisdictional agencies have reviewed and approved the proposed abandonment without conditions. (W While the recommended easement willreclude the location of buildings gs within the abandoned right-of-way area, owners of affected lots will get greater use of their lots, since the easement may be used to satisfy setback and open space requirements. Thus, the abandonment will increase the building envelope on abutting lots to the west. Subject to a condition that a drainage and utility easement be retained over the entire subject segment of right-of-way, all county divisions recommend approval of the abandonment. As platted,the subject segment of alley right-of-way abuts 42nd Street to the south. Presently,42nd Street is a local street with 50' of right-of-way. Since the county's minimum local street right-of- way standard is 60',an additional 10' of right-of-way is needed;5' along the north side and 5' along the south side of 42nd Street. Retaining the southern 5' of the alley right-of-way will provide for the north side share of local road right-of-way needed for 42nd Street at the subject location. For that reason,the county is not abandoning the south 5' of the alley right-of-way immediately adjacent to 42nd Street. As structured, the attached abandonment resolution retains a 5' strip of right-of-way along the north side of 42nd Street and reserves a drainage and utility easement over the entire area of abandonment. As noted on the County Thoroughfare Plan,the subject right-of-way is not part of the county's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. In this case, the subject alley does not provide access to any property. Since each of the adjacent lots has access to roads at the front of the lot,the abandonment will not affect the right of convenient access to surrounding properties. Also,the County Attorney's Office �r has reviewed and approved the attached abandonment resolution for legal form and sufficiency. FACommunity Deve1opment\CurDev\BCC\2013 BCC\KiteROWAstaffreport.doc 96 RECOMMENDATION: Based on the analysis,staff recommends that the Board of County Commissioners abandon its rights to the subject alley right-of-way and authorize the chairman to execute the attached abandonment resolution, with the following condition: 1. That a public drainage and utility easement be retained over the entire segment of right-of-way for the alley being abandoned; and 2. The southern 5' of alley right-of-way be retained for 42nd Street right-of-way ATTACHMENTS: 1. Application 2. Location Map 3. Abandonment Resolution Indian River Co, roved Date APPROVED AGENDA ITEM: Admin. Mtor FOR: B Legal Budget 46 K�8 -a BY: Dept. Risk Mgr. Y (W FACommunity Deve1opment\CurDev\BCC\2013 BCC\KReROWAstaffreport.doc 97 ti ? ?� 2.0113 TO: Indian River CountyBoard of County Commissioners ri .1801 27'h Street �n ' Building A :s' Vero Beach,Florida 32960 gow-13-°o`7y0 J 772-226-1237 C4 9 6� } KT L C ID 2 r L L t' ,hereby petitions the Indian River County Board(Petitioner)of County Commissioners,to vacate a described as:(describe street,alley,road,easement,etc.) n n A portion of 4246 O I d D)X t PHYy•/� Vert) Aeach FL 32% located in (address) I I J-T C-r r0y S -Tep��.-R o rd Pinson Sv b ,starting at bdsu ivisio name,parcel or tract) ~�— C 2 Q aµQ G t�1 tel E,X h i fa i+ A and terminating at �t i nd LalS /- I and l pTS .3/ -- t{/ laying adjacent to (or in)Block ,Lot_ _,Section a Lo ,Township 3 q_5,Range 3el E ,as recorded in Plat Book ,Page ,Public Records of Indian River unty,Rlorida. 4 .3.7 . 3�j Z,p •- DD6a7- DOQ0 40002.0 C � Cines 3Z-3f-26 .00001 - 0040 -00031L -3S-.z - 0000 _ 3ovo -oaoY/� 'gr' V/0 The reason fors request is(should mclu�e intended use of property: -f'0 NY1 Q K w teyway +o be (w d2veiwabip rpdua se+bnrks t allow QrceSS -b bo+b roa�wais 1hr irofFic easing, Petitioner Name(Please Print). 'T LC TD:It L L C. Address: a6 55 US Hj4 wav 1 , Vero Beach., FC 32964 TeIephone:_ ?7 a ',�3-7- 3 Irmail: K e 11 ra k4 I C. i IS Signature: Date_--: /a1,2t, o ii ltieil� P• c,Tr. Property ownefs abutting the portion of the road requested to be vacated: (if any) See cufaeh d Ex ibi+ S Name Address Please submit to the Indian River County Community Development Department with required fee(payable to Indian River County),with a copy of appropriate plat,tax or description map. NOTICE Prior to formally applying for a right-of-way abandonment request, planning staff strongly encourages you to contact the planning division, public works department, the utility services department, and road and bridge to ascertain any preliminary staff objections or comments regarding your proposed request. Staff also encourages you to contact any neighbors that could be affected. Such preliminary contacts with staff and neighbors may save you time and money. Note: Later in the process, the right-of-way abandonment applicant will be responsible for having a surveyor provide a Iegal description and sketch for the right-of-way abandonment area. ATTACHMENT �, 98 y 32392600000300000012:0 32392600000100000002.0 k4C- 47 48 49 7 t M �'�i 412 42ND PL 41 _ _ l ,.�-_ 4 40 21 20 4,2 N P L '� '�-�-- •191 2 Subject 3 IE 38 4ti 19. eyway _ 3'2392600000100000004.0 r :2 7 ti 37 tf� 16 ,` 6 6 9 iE r -per 14 7 E 7 :sem 3 :. SI 12 9 V 9 `'M yl 1'1 10 14 ti 1 1'2 �, 11 rl E 1 sJ 1 l '';i{5 1�l ti ti 32.392600000100000007.1 19 32392600000300000046.2 11 1,' -17y4 'tiy 32392600007000000017.0 1 •1�3 Lio eS GFFORD RCD 41 ST ST'(COUNTY ROA D'630) 41 ST ST t ) 02392600011074000001.0 E RESOLUTION 2013- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN (W RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 20' WIDE ALLEYWAY RUNNING FROM 42ND PLACE SOUTH TO 42ND STREET AND LYING BEHIND LOTS 1-10 OF THE J. T. GRAY'S TOWN OF GIFFORD SUBDIVISION AS SHOWN IN PLAT BOOK 1, PAGE 89 OF THE PUBLIC RECORDS OF BREVARD COUNTY, AS DESCRIBED HEREIN, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on April 2, 2013, Indian River County received a duly executed and documented petition from KTLC TD1, LLC requesting that the County close, vacate, abandon, discontinue,renounce and disclaim any right,title and interest of the County and the public in and to a 20' wide alleyway running from 42nd Place south to 42nd Street and lying behind lots 1-10 of the J. T. Gray's Town of Gifford Subdivision as shown in Plat Book 1,Page 89, of the Public Records of Brevard County, Florida, said lands now lying and being in Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS,after consideration of the petition,supporting documents,staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right-of- way is not a state or federal highway, not located within any municipality, not necessary for continuity of the County's street and thoroughfare network,and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID J.T. GRAY'S SUBDIVISION,THE SAME BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF 42ND PLACE AND THE WEST RIGHT OF WAY LINE OF THE SUBJECT 20 FOOT ALLEY; THENCE SOUTHEASTERLY ALONG THE SAID WEST RIGHT OF WAY LINE A DISTANCE OF 645.1 FEET MORE OR LESS TO A POINT, SAID POINT BEING 5 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH RIGHT OF WAY LINE OF 42ND STREET; THENCE EAST AND PARALLEL WITH THE SAID NORTH RIGHT OF WAY LINE OF 42ND STREET A DISTANCE OF 20.6 FEET MORE OR LESS TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE SAID SUBJECT 20 FOOT ALLEY, THE SAME BEING THE WESTERLY LINE OF PINSON SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 94 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTHWESTERLY ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF THE SAID SUBJECT 20 FOOT ALLEY A DISTANCE OF 649.1 FEET MORE OR ATTACHMENT 3 FACommunity Development\CurDev\RESOLUTION\2013 Resolutions\KiteJTGrays 2013-_.doc 100 RESOLUTION 2013- LESS TO AN INTERSECTION WITH THE SAID SOUTHERLY RIGHT OF WAY (W LINE OF 42ND PLACE;THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 20.0 FEET MORE OR LESS TO THE POINT OF BEGINNING; CONTAINING 12,940 SQUARE FEET MORE OR LESS. Lying in Indian River County, Florida. is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a drainage and utility easement shall be retained over the entire area of the subject abandonment. (see Exhibit A attached) 2. The closing,vacation,and abandonment of this public alleyway is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty(30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The alleyway shall revert to properties on the west side of the alley within the J. T. Gray's Town of Gifford Subdivision. 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 duly passed and adopted this day of , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman FACommunity Development\CurDev\RESOLUTION\203 Resolutions\KiteJTGrays 2013-it— .doc 2 101 RESOLUTION 2013- ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively,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 , A.D., 2013. Notary Public APPROVED 4,S TO LEGAL SUF CIENC BY/•�- Alan S. Polackwich, Sr., County Attorney APPROVE AS TO PLANNING MATTERS BY: le,9961W 4r-1A Robert M. Kea ing, C7; r Community DevelopmenDt ATTACfili Elff 3 FACommunity Development\CurDev\RESOLUTION\2013 Resolutions\KiteMrays 2013-_.doc 3 102 Legal Description & Sketch Exhibit „A„ for Abandonment of 20'Alley in the J T. Gray 's Subdivision Indian River County, Florida Sheet 1 of 2 SURVEYORS NOTES Not Valid Without All Sheets 1) THE SKETCH ATTACHED WAS PRPEPARED BASED UPON EXISTING RECORDED PLATS AND R/W MAP FOR OLD DIXIE HIGHWAY RECORDED IN P.B. 24, PAGES 81-93. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE GIALCULATED UNLESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEN R/W RIGHT—OF—WAY P.B. PLAT BOOK PG. PAGE L LENGTH CH CHORD DISTANCE CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER A DELTA SUB'D. SUBDIVISON N NORTH S SOUTH E EAST W WEST LEGAL DESCRIPTION A PORTION OF A 20 FOOT ALLEY AS SHOWN ON THE PLAT OF J.T. GRAY'S TOWN OF GIFFORD SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 89 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID J.T. GRAY'S SUBDIVISION, THE SAME BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF 42ND PLACE AND THE WEST RIGHT OF WAY LINE OF THE SUBJECT 20 FOOT ALLEY; THENCE SOUTHEASTERLY ALONG THE SAID WEST RIGHT OF WAY LINE A DISTANCE OF 645.1 FEET MORE OR LESS TO A POINT, SAID POINT BEING 5 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH RIGHT OF WAY LINE OF 42ND STREET; THENCE EAST AND PARALLEL WITH THE SAID NORTH RIGHT OF WAY LINE OF 42ND STREET A DISTANCE OF 20.6 FEET MORE OR LESS TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE SAID SUBJECT 20 FOOT ALLEY, THE SAME BEING THE WESTERLY LINE OF PINSON SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 94 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTHWESTERLY ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF THE SAID SUBJECT 20 FOOT ALLEY A DISTANCE OF 649.1 FEET MORE OR LESS TO AN INTERSECTION WITH THE SAID SOUTHERLY RIGHT OF WAY LINE OF 42ND PLACE; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 20.0 FEET MORE OR LESS TO THE POINT OF BEGINNING; CONTAINING 12,940 SQUARE FEET MORE OR LESS. LEGAL DESCRIPTION & SKETCH Drawn by: Checked by File name Date Scale Drawing Name "This is NOT a BoundarySurvey, DMT DMT 6730 05/2'. N/A 6730.dwg MastelleNOT VALID Wi UT THE SIGNATJRE AND Y, �Ylolet, Reed c� Tayloy; Inc. THE ORIGINR/j SED SEAL OF A F1 IDA PROFES.�SIONflL.SURYEYO"S 4MJ"PPE" LIGEVED SERVE AND f e 14\ L MS17RYEY1Y6.8bSINffSSW",4 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L.S. 5243 Legal Description & Sketch Exhibit .,A" for Abandonment of 20'Alley in the J. T. Gray 's Subdivision Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets UNPLATTED UNPI.A�ED or BEQ114NlIt4o Zo.o p�Nj p6A PACE LOT 42 hR 42N W N StH LOT 1 LOT 41 -p �0 � LOT 2 LOT 40 00� 2 C �^ � LOT 39 Zc�op LOT 3 S� C Co m � o o LOT 38 = C) LOT 4 N = LOT 37 CD o N�Urn \ LOT 5 m j LOT 36 ' Z NS O r_ LOT 6 z O LOT 35 \_' `�^ � C,� CST► co� p v `_k M - LOT 34 -� LOT 7 Z LOT 33 cn �^ M LOT 8 N ca c LOT 32 z 9z LOT 9 -� tLOT 31 -c LOT 10 NORTH R 20.8' 42ND STREET 42ND STREET LOT 11 UNPLA77ED LEGAL DESCRIPTION & SKETCHDrawn by: Checked by File name Date Scale Drawing Name "This is NOT a Boundar Survey" DMT DMT 6730 05/23/13 1"=120' 6730.dwg NOT VALID WITHOUT THE SIGNATURE AND 1Ylastellej, Aloler Reed 4f Taylor; Inc. THE ORIGINAL RAISED SEAL OF A FLORIDA PROFESS7OX4LSUWIEYO"S4"AUPPERS LICEiJStD�BG VEYOR AND MAPPER. _f,1 DSURffHX67RtlSINESS W6V4 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L 243 Avv&0U Y. 12.13 Kite Right-of-Way Abandonment Board of County Commissioners July 2, 2013 Overall Aerial D iW I��I Right-of--way �' '1 1 3' 9 � � 10 (•1 Zoning and Location Ma Subject C Right-of-way u fff G a p - ',�13�1��L Staff Recommendation That the BCC abandon the subject right-of-way and retain a drainage and utility easement over the entire right-of-way (opt. 2 SCRIPPS TREASURE COAST "* NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO PLANNING 2533415 7/14/2013 NOTICE OF ABANDONMENT 42 PL TO 42 ST F PER E-Sheet®AL NOTICE TACHED O NOT ATE PAGES Swor o and subscribe fare me this day of, JUIy 14, 2013, by , Sherri Cipriani who is ORIGINAL [X] personally known to me or [ ] who has pro uced as identification. Mary T. Byrne Notary Public pt�111gN MARY T BYRNE Notary Public-State of FWW �s#E My Comm.Expires Aug 2,2014 N� Commission et EE 7134 /011.5 TCPALM.COM CLASSIFIED SUNDAY,JULY 14,2013 •SCRIPPS TREASURE COAST NEWSPAPERS -F5 DOMESTIC AUTOMOBILES SPORT UTLITY VEHICLESWANTED NOTICE REQUEST FOR BID REQUEST FOR BIO REQUEST FOR BIO REQUEST FOR BID REQUEST FOR BID REQUEST FOR BIO Y -fxpaditkn 5] AM AlnO Maryut COUNTY and all bid.which_ until 230 P.M.lout t h a C o u,iI y'a business days prior Covnry. PITA,due not IS, • mo N�995 WIII AT Runs Drives AH MakW dl= BOARD OF COUNTY are Incompleu,con-time Pn-.dues- e b, I e a t P the.c h.d.lVd isfy Ihi.requir,- gFl CaII Md flew Il Carl Mpay. vary Un COMMISSIONERS dilional,obawre,or day,Aug uHt 14, hMp:/Iwww.co. - me tln0 date so S.L.Lucie County is yule&8--8119 OUR ma3k B I9 DIA .Me I� BY-s•Joseph E.which wn sin—1- 201,mr 1 e tot- lude.fl.ua.H you dP Ihel�aecuriry,Acern Equal C. P�bli:n data:Jwv Qe -Mus uCmm ION-UP-1'02, T]b Fletcher,Chairman tion.notall.dfor; lowing: of have Internet can be er.nl.e ni�/Affilmative Ac 14.2013 '9l Bill 419 Kl I. Sport 2p, rt,,axl <yfll ort v Acept or,elect arty a cede,you may nr0ugh Herber x Em Di°yer, iCN2533363 Q SM500 mp Mra Aleen51,995 SW qyt knit,F.b:J,lyl4, I2 Pa zwell�n wnOle Or BID Y13-051 obtain the docu-BranchlFAU. Tnis WEeI 25D2a2 211 flNn6-nM gI�I Carl 2533415 P rtw wwItti. PURCMA3E OF ants by cellinB Ilsr eh_all be}sued PUDIisM1 date:July Ad.uY-Grand Flee p']`;T?33%1 a and accept PESTICIDES, DemendStar by On- to(]]214B2,17M.1 14,2013 ls 59x d a/c M1e pr,d I wM1icI HERBICIDES AND vi it W0-)11-1)12 -m I tl TCN25334s8 59i.n n: e-92az9ib95 beat s rue.[hv FERTILIZERS end repuesl doer-jciminoabPsllydeco NOTICE OF SALE M, H55 45th_ County. thin, mbar Yl3- oslgl)IO[M1e a l en- BOARD OF 1N THE CIRCUIT H1C TRUCKS �i]g4ra FICTICIOUS NAME Bid eacumenn m y 13 or n c1 Ul of Deskee CI- COUrvtt COURT of THE d owner. NOTICE UNDER For Bitla,flFP's,Ad- ba o0uined vie the 011icv of the Pur-min°. COMMISSIONERS NINETEENTH M1CB m1.31un tare- CARSWANT - FICTITIOUS NAME tlenda Inlormelion, Internal by using chasing Director a1 ST.LUCIE JUDICIAL CIRCUIT •� W vel UowatlnllrPuns pI B4,�PyY10' a Mhh,7do IAW PURSUANT TO &d Resuks end oN- Ne C°unty'v w°D- 2300 Virginia Ave-qll Bideery era re- COUNTY,FLORIDA IN AND FOR I Envu perfect! fg,gg5 ,gCeoLR 5'CASH MII SECTION 865.09, formation visit sloe lit h[Ip:I/www- e,Fort P e«e, air d to submit a REQUEST MR ST.LUCIE COUNTY �u Rh ee11058 R° (m)eI6& FLORIDA STATUTES Ne St L.I.COUnry .A IIucie.fl.us.It Florida,31982, I,B'iBy ,115X1 LETTEflS OF FLORIDA WEB ID 830910 '1 DOWF-Dakoh Bl WEB ID 2532341 NOTICE IS HEREBY PI hn0N/n/vg•'ww,<o.111��emyel a«ess�yo"u (])2)4631)00. Bid F°rrm°r`tM1teir Sea Ne ERPSopLOlels 2012 CCASE NO. u d Cab Fa Auto. Z oo lucie.Rus °blain the Bitla m be either RpIArY ISIAWE 'm S1.S95 WRI Inance, NTED Run n GIVEN tM1et the may ay Did sM1el1 ba reject-will ba r6ceiv d et Division No: O I°IE 80-5393 FiD' °II tl W%n°n.'r u n n°IIn p u n e.r a g n e e a°<umann by call- eiHe ,l hand dv-ed a¢ espon- Net Pu«haamg De- �+ (n3)eol-SI9l 5 (m)629aa19 DLR ° y les. easirI'B to an9ape in SL Lucie County m,I n Ino Demand5tar by livered to the SI. iv. A"net hun- Par men}.230 Vir-KONDAUR CAPITAL V+ lase. ape TOYOTA- a°Lls'waaernraY ualn ass under Ihe Equal Opp°rmniry A-Onviv a 000-]11- Lucie County Pvr-Q retl p n1 gime Avenue,Fort CORPORATION, WEB 1015356)} TVua4aeaE, w tree mD fiwiti°ue nil f Nrrmetive Accton Em- 712 end regi eat Ana sing Depart 1100%)Public Con- Pierce�FL 34982.PI.mbN I• Z °V6flY.°um.'Ice imck ars,Patel : i,syn Alryev Wed- plover. .ocumanl n bar mens,230°Virginia .[ruction Bond k until :0 PM.Ioca1 v f1S900 _ 1])2"965" tlinBa.1-E'. Even[a PubliaM1 date:July 14. Y13.053 or contact Avenue,2nd Fluor, r q ired upon noti-di."*, n Wedn16 SHAWN W BLY;NIG (M)SN 8419 OUR 9H9 or]R-46Ba6o6 vd it 602 NW 2013 the Office of the Room 229,Fort fiutlon of SL Lucie day,Auquzl OLE BLT;TD.BANK MPORT 0 TOYOTA-Tacoma.bl KilDetrkk Ava" the T[N2533349 Pur Zf3a0sOng Direno, Pi-.,fL 34982.CouµN's enlion 2013,for Ihe lot- N.A.:WASTE MAN. U AUTOMOBILES b.'0uY.0.OK r dp Covnry of 9t.Lucie, Th,N° " VI gg "I A^Y bids reulved d thte ao f- GEMENT,INC OF Ase/-8610]&WBIk w/bbid 111°890tithe Ciry of Pon sl puma' of the Cl'ry Av env e,'FI" a/ter the above [ a °thea F100.1DA;WASTE Iles BON Lucie.Florid,.,UO "�r HA 3498c,,Florida, stated ima III be nt[successful bid 1 1_01#13 049 PRO USA;UN L Q mpfirsl Si [akaz W ID 2511121Intend,to replan, of fon Ie u IFP I 2, 1))21 62 r r.,-d n m.bid- der. Community KNOWN TENANT I: It 305-1%- the aeGi name wnh 1)00. der unopened. Hii, th UKNOWN TENANT W®103SU342 h, it ii a an Of NOTICE OF Bid documents m y Oevalopment U O Can Ca......lo„of It, INVITATION FOR BIO Bids ao be the,Th.Bowtl of Covnry b.Db,.ih.d et the Org.nbeh.lA to Defendama IFB NP.FP-001 13 m e1 w o clolE e%c newv Florida -llmenl maikd than.de-A..S}Monera re- 0^Tic°°f the Pur Au ea a Developer Yam op Nos i M.. Teliahvan., v"°r Lryhll^q rt liveretl to the St. a ev Ih_e rIBM11 to <sting Olvision.t Sponsor and NOTICE Of SALE I.L SSA�lRilb..._ 'II(1 ° PahlenE CO., W _-., - Flode,. Lucie County Pur-wale,any Informal- 130 0 Vir 0 n a Owner o Ho ung 1'E dD d Porl st Th_e purpose of the cM1asi3p D.per[ es or mn irreB Aven u,,Fort ea Port Of Il.Home NwrcM1 whereby g'v h D ppL FI rda,IhS Dt°vac[ [ ,Mal en1, 300 V'ry • inertias,reject any P arca,Flor d. Invenmenr1. w^ m - 8 h d I Jul xr rlRr Ilent nil at Avenue,Ind Floor, end I bda Xch 3 11 1]]21 482 Port rsmp Grant a"F nal'Jud9mant of Car m-ez6a4 9 LR °B 0 ekeIII Y T N. Parkland Court Room 128,Fort e e iiA..plete 1)00, Comminry F°reclosury entered LEoa'bloc M,99runs wE 3 T AI-Dunbar pD,aoyy o°ie0 Bud P arca,FL 3ae0z ondit'on vl,ob Snv Bea n t e above ety ed y Q O P bl sM1:Jury 11,1013 get AnY bid race ved a e,P hch gee may be melte. cause n the C. it F YY leatger Int TCN2534061 35,000.00-540,000: after the above c nt In addl[io n¢ of h„nd delivered Lvttet of Interest Curl of S[.Lvcle s]1t10°3lla1N II Cllif wptlfe%c rw stated Ime will be n t allowed tor;ac- t e St Lucie dobcument me D. Counryo Florida,H. LL' 2<m+ le dra,tint- Sealed Bida will bs m ,turned to the bid-cep.Or r jet[ y County Purchasing tai tl Dy cellinB CI11rk I Caurr wt _ all c/J Ilavar scc wired by N.Hou. Ew unopened. r°po¢al 1.-Hole D.P.".ent,2300 �he Of/ice at the u M1e eM vtu f2Mc0ln-]° n NOTICE g Armoury of the per[wnh_ Virg iniv Avvnuv. Purcn eaing Oivi- retl'n s[.Lu<iv pearl w E.IJ6k.1 BID 3532693 0 NOTICE OF REQUEST FOR BID City of Fort Pierce,The Board of Covnry wiN°ut ruse;end 2nd Floor Bit.118, z at 2300 Virgin-C°u my Fl,,ida,de- L VIK BJ253az6TI5M a'O5. ABANDONMENT BOARD Procurement Off,e, Commienionere re-a Pt Naropos°I F o rt Pierce,FL is Avenue,F° -INd'ac fs yfui,"poswnlr, LOUNtt 511 Orange Ava., a a 1fle rpIH 1 ch ich betas 0 34902.AnY bid,re-Paerce,Florida. K min.,f9e0o, fon Pierce.I 34950 ° .. ° Notir is hereby Biv- COMMISSIONERS ea w n,"A.al-the Munry. va rued t I.r the 34982,(772) 62 Lat 9,Bieck)3), kt SIS TWWrl YYMMni, bet Raaolullon ST.LUCIE Qatel reherEed below W in r Irreg- aEove s end time 1]00. FOR ST.LUCIE mn mI.I13WM1.m 3013-059 was ado COUNTY,FLORIDA °O uiaritiea;reject a y For viae,RFI.,Ad-shell by returned io SECTION EIGHTEEN, tlf ID is]ola0 at" •tl lm mvtliarly end all bids which_ d,neq lnfolrmation, the bled.,I,—COI's g 1.I Q� d by the Board f CALL FOR BIDS may ba either aAAPlein h.d%at Nl�l1 XO-Muse CDunry Cammiselan Sealed bide will ba re- rher•ehar publicly St. 'n Com pl St., Bid v 1a entl ppenvd. ailed o hantl de-lhereal, ,e or ed WEB ID 9 X9an Eree1 FamyllY Is of male.River c Iv°d [M1e Put- �^•d nil reR..., <ondili°n.l,oD-om.r information livered t°rhe Pur-in Pla[Baok 13,Page Nicle 55.995 W111 Count n g penmen}, in by BPerd Room, s e,o hich Telt[ha St.Lucie Bidders shall submit chasi3 04 e..it� t].Publk Records of O M p%]B fi Tnn N.A.to T•Florida a <hasin De b cwwrtible July 3,2013 va t 2300 Vir Ave-Housing AUNarity of< sin aeanipna County Purcnaeing ONE(1)MARKED mens, Virginia St.facia County. ION ml.Ve ved. BR., he CII1 of Fort Hct allowed tor;Sc-Web S I.e a ORIGINAL AND Avenue 2nd Floor. Florida. d Sx.l�o giro ,rev inop^abandoning.Eis- ua,Fon Pierce.FL N MOM1UpY-Mon IIn Pierce,511 Orang apt°r ra ec1 http:llwww.c°.at- u1no,closing,34982,until 3:00 Ava.,Fon Pierce, L° y TWO 111 PHOTO- Reem'328,Fort Property Addles s: W®1035]bl1 °eeey'/g2p°Np WT nl ly, nd Sia P.I local ti S on N9m posoplosal Iih whole lucie.p.us COPIES OF THE Pia r ce,FL 34981. 107 SW Fairchi Id 6AAd y[mar112.6a16861 Gaim any right°[in Wednesday.August NA CONTAR P.n with Or COMPLETED BID Any L01 r ieed Avv..Pan SL Lucie, rtibl90N. MWEB ID 8H556 urea in a M' Iley- 14,2013,tot the toi- w'irbou[cause;and SL Lucie County Is PACKAGE 1n a seal- after Iheeab a Fl 34984 ,aee!N M"vires,Stagg II way` nninp from lowing PERSON e e hep en Equal Opponu- d envallopnel. The .land time ill De at public vele,t°the >— AN WI I. -ea19 U1A 43nd Place s u h 1. BID Y13-051 Bhonda Cor«tlua, ,hit,peat ser ni[y/Alirmerive Ac- P«lec[ a Bid r Burned tv by bi- highest and De^bld- g P r o,u t.m.n t tn.Coen eves iO Employer. Number, d time e0I ih.P.nee. d der,for c _ OYO`A- e ry L 42nd Sva.1 and ly- CONCRETE, ry� ail,al 1 M 6 1 ownE,ANTIQUE i g behind Iota 110 CULVERT AND Speciality P'ubli.n data:July and date ol"N.Bid 1100 o'clock pm n Mn k.p�(fS,950 SCLASSICCM$ 1 rhe J.T.Gra ASPHALT Te lvph_one 1)12M29'For Bide,RFP'.,Ad. 4,2013 h II be Tne Board of Coun Ne IWh de f Jul �' u111DgaIn5�860 y s fi135,iD0 180015/5 opaninpns l y o y, �••, Mnn¢Nlle, Town of GiXortl Sub INSTALLATION 18]3x902 Sends Information,TCN2534406 Alearly arked on ComminlPnerly 1. -2013,at H.S1 Lucia L V Q 'L WEB jIAC sIo a described PUBLIC Bie Reaulta and the o tsid• 1 Ihe s s Ihe r1 t t Ceunty C°unho°se, `CW TO OBTAIN THE rpe. w en^y located x In Ihe Jury (� "e°L Si500, ih Ill. b.- WORKSIROAD WOOCUMENTS °Ther lnf hh SNion 80AND OF Baled envel° inlormal- FS, B Ss]] nrtl,.I.Lion,r.. AND BRIDGE11B ¢It the St.Lucie COUNTY F a Ii i m i^a ,reg-a e b`1 a m la a •�..0 N EB ruing a Brei nape Rpuety INK ITS}pack- County Purchasing COMMISSIONERS ponces s ell n ail es,r"eat a tend a1 Iheath - 'p I) � IA T"V m en.ut liry ease 1 Bid docum enM may ba av °:W e 0 Sits ° ST.LUCIE be erepud. of endl`ell biEs propo-noun. 18 E.2nd SPORTUTILITY POII"y niw wibIu. ver by,nun.ban- ba obtained vie Ne Bhonda P.Cwsodua h_ttD:llwww.co.et- COUNtt,FLORIDA seta nick a n-Blreel Fon Pierce. Q .� 0 plp�d.3M v.'OB LTtops.match_ done.light ofwry. Internet by using the bye-mall:rhonde.co- Iuue.B.ie INVITATION TO BID CAUTION: It i,the complvtii. ondi- Florida. L detl.JN Row Ing bars CO-W.website at,radue@clpha.or0. Sealed bid,will be bidder'Apropo.er's l n I,ob.<ure, r nn99S 6.90 fl2AW")RA]IA1J) INgAN RIVER nt[D:ll-ww.Ao.at by faceimil%()]21 5 Lu,'.C°hw is received et the Pur- Ieapon al bll ity t° which contain aedi-ANY PER60N,,U,M11.3 L EH ID 352.50] luciefi.ua.I do 4660663,or OylsoM- an Equal Opportu Anacin Oe n.ur Iona not you o0 g pert- e a hal bievlpt- ellowetl INCA AN INTEREST W not have interne}ac-al mal:511 ^9 niry/Affirmative Ac� enC 1300 Virginia o�p Peale ere -1°r; cupt w nje,t IN THE SURPLUS brain Ava.,Fon Pierce,FL EmPlpyer. Avenue,F o 1 t c ved In M1e Pur-anyvnbids' y y^ proposal FROM THE SALE,IF INSTRUC110N INSIRUCf10N INSTRUCTION Ihe'tlo°hh Dy 31950 Publish date:July Pierce,FL 34963, cnaainq Deaa«-in We or in pert ANY,OTHER THAN 6 SCHOOLS aSCHOOLS ASCHOOLS Aline o•manesAt PRE-BID 14,2013 1,41300 P.M.IOu1 men with Pr wilh.ut THE Pfl DPE ERT CONFERENCE I'm e on Wetlnea- data pa ntl lti mhe cause;and accept OWNER AS OF THE Paspxfpu:5:a't ' OrJ '� �.IL.,t #8 t>1 Slid Beauevt rCN2534a83 Wednesday,July 1), tlay,Auquat 14, d.l.Ted above. the.idlp lap...l DATE OF THE LIS dtlt m hI number 201J,at 1100 a.m.in BOARD OF 1013,IPr the fol- R t of a bidlDr' hien best varves PENDENS MUST Y13-051 n L ha Board Room al COUNTY IoxinO: prat in any oNer the Cou,ry. FILE A CLAIM WITH TAKE THE the Olftce.the Pur Ths Hau.in9 Auth.1I' COMMISSIONERS Cou^ry ofRA°dor IN 60 DAYS AFTER M1eain Director M Pf of the IT of Fan ST LUCIE BIO NUMBER: not s isly Nia ra-for COI,Bitla,RFPs, THE SALE PER SEG Piercy,511 Orang 2300 irpinla Ave- Fe COUNTY,FLORIDA 3-050 RuiremenL and RFQ r su ra TION 45.031.FIORn 0) FIRSTSTER e,F.,I Pier,e,Ave.,Fen Pierce, L CALL FOR BIDS Harbor Branch Bltlders m•y n t and°her,forme OA STATUTES. (� FIOI Id a,34892, 319m Seal•tl bids will be Mangrove Marsh ithdraw their Bid t a'Ne Se Lu DATED Nie 9N tlay al BID WE DATE 1])114621]00 Wednuday.Ju1Y 31, I div d a1 he Pur Restoration Prolan for a ri d ( ir" C o u I Jill,2013. 2013,at 11:00 a.m. Aha sing Depart- ornery(901 camneM Purcn esi nBA We0 Bida may be Ther mens,3300 Virpinle A MANDATORY eaya after the bitl Sul e [ Mugla.P.Gerp<r melted or Hind delle-local time. peen ue,Fort PRE BID CONFER- opening date, www.silucie<o.orp GloriM Bar No.152W retl lP Ne SL Lucie IM inori[yv�anelor pie«v,FL 34982, ENCE will be held Tne Board of County STANTON a T ^ Covnry PunM1esing w°me netl bus!-_ nlil 2:00 P.M.Ioul In the MovquitP Commissioners r-SI.Lucie County is GA6DID,PA. _ lj� D,Pel tmeni,2300 geEyo teeyondOour °me n Wetlne.-Control Dityrin Of- a s Ne right to an Equal Opportu- ]90 N.Orange M Virginia Avenue,2ne day.Au9u,,t 11,fi<ea to cared t flea ora myinpfo—N- n ,lAffirm Stile Avenue Suhe 21 Q C Floor,goom 239,PZOD h:July 12.11, 2013,for the fol-3150' Fae Road, it r ureg-AW.,Employes. Odenao,Fl—d. Fort Pierce,FL lowing: FL Pierce,Floriea, ularitiea;reject any 32801 M 31882.Any bitl.re-TCN25344)5 n Wetln eae cy, and ell bitlslprvpo-CAUTION: It is Ne Ph.140]1433-SA3: {(� Ived after III• BOARD OF BID Y13a53 July 31,2013 t 5•IS hich are in-bids,proposer's Fax 4251IIA cm Z r Z FORTIS above¢til ed ti COUNTY PURCHASE Of 10:00 A.M. Only c mplete,condi- VVp.nlbili ty[o BIT RMF@s9y will b°re natl"I. COMMISSIONERS PESTICIDES FOR Contrvnora anend t nal,obscure,° e Iver Latter INSTITUTE 1M1e bid.°.ru ST.LUCIE THE ST.LUCIE InB In i.conference which c° n aea�of alnterea[a r°IS Am—,for Plaintll I1 opened. " COUNTY,FLORIDA COUNTY will b.permin.d ID ion noi`°Mowed c led in nil Pur- CALL FOR BIDS MOSOURO bid. for;accept or r jou< Ing pepped-If you a v person The Board Of C°Unry Sealed bide will be CONTROL CONTRACTOR I.se any pro Poral in mhant prior t [M1e wN a diaabillry who COmmi.eionere« J. the DISTRICT ired to provide a whole o n par[data• d v e s • _ M1e r9M1t t Purchavinp Depen- co plate liar of with or w1i out specified abpvee a hhhh.eti°n in • Y formal menL 1300 V r0 nn Bid dOu rmdnb may Dre b d meet ng et cause,end accept Rece p1 0l the Let artler ro Pan c pate Fw ewsWwr A/.mr.tlw Nah ww•xf4r.b.eM r rrequ Aven uv,Fort ba Ob ve IM1e tendeea a mtn Ihe proposal wh ch It '.'l f Inlereat n <eetl,p, lar Ilea,raja,}any Pierce,IF, 34802, .......by.".B 'mum of IN.(5) beat serve¢the •ny other County you arc ant fled,et L m O Z CL It po ` " A .4 D z N 6O _ Q O (n U �., AOULTCARE CARPENTRY CLEANING CONCRETE GARAGE DOORS HANOYPERSON LAWN GRE PAINTING PRESSURE CLEANING SCREENING CA NyRY pI' LSERVIOES- per Clark Mncnl, &TECH YAD[ Al Exon H.. All Ararerlrn lawn OWI TON vVMXtt AAAAA AfFMOAWE _RR mak drive Itcnen, Mom,Offiu IS Po°I ,Sitlewalksa II YDur k-Allt Pas of pu@it ranee. PpFSSURE CUEUIINO Peolaencl�rekscleekn P_ al azsis[an1. St`msaaRyls�FlovM9 H 4�EnxpNic mmvvYYss.31�i9991nx bit,aged 6rdopenw M1ome revel Alts, ttcialL' F� Imetn puQokhve arkazMp p Irs,seamles, °mputw Onone n ol.inq. pualitYY,Ex F S YYrr pp op-1,-Intlowa df.°a M.'Ual.Ic I.R.SPOIN 4 1 nel0.etc baztlan/ dins litn'1SOI-3Yiq roytl .ntNdx 31n.P2-B3B2 eteCm ass alns nl-04W.IR ma853205 MC SLIR tlulru.in--601-3501 �nse6B02Beirlrr'e1' slsmr 2r]21sMeo"F1'Iallm`Mac sL p T.L.11A. B- ITG)4.nls si RU5505 <anriiwfi:nl�W AF AplE B soXm wtAW,tlrWm LAWN CARE gu�E u�x0 Ix '.t—.. San oYhwm Com- SIes�Rsnb�prr a�es rQuaI�A4E AI neAEsm�H9svc er19136i2560 odNs d Ree Fst,Comm l Res In area pan%aeS r k m-,156 nu CONTRACTORS NANOYPEOSON pl,1, years, U�a ns mils u'SyoD toosmall — ,„, �grerm) err aval34n Free Est.Honest a -TIe-HIT No IODO R ALL m soCARPETING xA_OLUE Au x...PEP.. RNiAH'mc9suIS 77w22E-4°E86-5976 IdWeyll,ga Pr..a oe.n506 Kkave°aznslOElMAvall 1 ' St. F rill`puk et p MStlortor�oUN_ Temlz HameYi M a carpe 31 rs H°ra.m.P-1 Ex°vow`8e"`1a1z $0 a,Ot iu des. CLOGREPAIR -.Rise' "Isl"�f2-Xo)- o Da x _ ucnm.cec ut® DBiA SruU LlusLc LEGAL SERVICES :Ixnxq.In:npri ]n se elw° n� HAULING/TOWINC pCx erlo,Damtln. • CLOCKS BY HOLDS '*= EKYICE DIVORCE$195 y HEEHTILEINSTOD, ANTHONY 5F11 ms x X-%=V .T EC Np f 'SNA NO pit,ebin5is re1P Sl IR epalra 11h Oem elg rCeapeln oma repair. O Y r .IS Yrs 1 HE1FuUMT%I3MODE1°S' 1445 villa¢Breen Dr. Cp lew„srv,epressue5 Anything,Annlm. ealirg of ox m cont nOOioen L wAi. a r I x I:rrazh,b11tn, eHm1n,1 pe Sa s. U1Pin slieilsi e z xkwpin, Ca1l�l:31sss0] IRSL en4 %colo 4a38is6`' a6i ANic turnzdui Days �I)n. ROOFING REPAIRS I- xl°'s6''e°61 L rpe ry nae. ucnxs 1p D�aeways Psx9lsw nlp,�nin er- CARPETCLFANING 3v J n:silas 3500.AlutEeu sEp'nas STEPE AL LFN ] rands,w/optionu HINTON'S CARPET lOadYlkpoTxEps Allordable Fam,i P nllIO O.TOebNVTRUK x °j�j.°y^j. CLEW1 NO Civil cases,Mort . _W_NS Irs,Pmavatlons, Y� anP<maam, n DOMESTIC xAXDYwN_ES )^ >:F,.rPtooh tmaate. nlmd�0°Insedn�q.COMPUTEIL SERVNXS Ix I°ueAt:%.a Lhmums, HOME elncanons m s•]eff� faili]i slea3osi32Cwallvl] TREE SERVICE .� -Tall..k 6 Fl�nlnPtlBUNS �L�ypH�p 4in+93-94s41RTINE DNI.ANP1 Na a Ole., �eM st°LFAlrhouse Ea[Im� RTpADEWIXDSB brush. pe Laa R In z.mc:^LP®cXarmg AIR CONDITIONING pm Mjc n `i�1[xp glen .L1n°Br°oi'k I.m. . Air SODIC,1 iem.4EA.�eei,.,sl,a w cmien MARINE SERVICES �3Sg°Ik:m„`• °i:edh'mal`2laeassla” a� 5Euznvnwef ClFAl1INc =ea .li�'Nar a•ak rr8. a:ria,.eBcewgJo � _ ni-I]o-456r 1n`si ac 4eD.3a]9 m masw909. msssanz Mc a O GeAk YalurrVtl AM tltwirW gryq sIk,.alaaM lrc 1NOWpsonl too`OSE.—ES. gR SeWtlbn sOrfilre cOmv reupa pY 1°r pmg Iw parrs.mfr boas Bunters. PERSONAL ASSISTANT pPOwOi p1On elevtrv'cks�inew'pm TnCoa9191�31p/MSL 1-906551.5413 DRYWALL irlm,Winaows/Ors. I�IaDIa seMulwenan[yY LUlns. isY� uc IRRIGATION °iiMan�a Personal Asalstdnt N ,-01 ICMA I- M wmnnx,ewbm N M.ggygyAlS 564a0so IR15L Mak ea°Y=lila Euler m 02a5/s>180)6 iq%SL 8 R�R llawmen[ °L D�pb tea blp w BLUE pM�WATER MOnnIhN N port 5 1 u O-T— a kly LlwkloytvmonN COHEIR HAXDYM.X kill Parb lac Mn inns u.<c I: Sete IV IIn lura fkM u.r Hq Yat5419.oul9olnp PNI T oN,an.ss1)zl� ;rR;azlinom. o Prabl.m:lor Lea. ii°-00`i;iSe`u`r°o69 a alr.:6v.a ISpRlxxlrAs «/Pant for utr.5n.rn sby<E xP.Sr°Wi<O1Vung . r boon a}Hiles. if CROWu18 nin6 ee E f 3 u Ir.¢It nice alland M Gueap NN. A' ]]3 2-P02'IN/St lab Sbl a40ta8] oOi MRnt cw'<e Hnrt/In6 amo iuln• 6 la naztlo x9.99 c ds]R-45)d906 tr o i;P1.rta 2 M�/i1161438 ural PIIOST uc uEAxl ee°n n3.:6).n36 Pn c ar an n` s`n�eiiase]1e' t c. M.°tai n ISL UM�NO A SOW C1 NP3 n.21 1. 1 n 14 mate Mry,w a�a:0 3DET IN VINE ±MEm F1wxm cc t w al pmea YgeA• sn yyc Cub Pawln, ssm�uP. WEOSGPIXO HVNMIN,pooh by yni 39`1 me IIr H—TES s6RrHA ELECTRICAL C.>�ult NbRVVIS id— ani )yC3j-C5T3Mp plOxT a85MU IJcylns. HOA-L O.I.S. rsr4u bNe4a. MEDICAL 1FBRY pIPP18 fIOCCO wlilxe°.H se sett SeMn1lAmsnd nzp� •11 IeV bkc Renal OemMICS Mmple. 6 conaen.Mm/Res A1=Ax AOOF'l7m nunx w/eap• IaIl e6 E IwOks nitre nwka rWsaapiny ^mT� puallly wP k40 Yrs }types v.nPM61`,UPHOLSTERY aYa forpMMrnd. dun®Ikanet lk¢ Ef]Su lO pellet EDICAIDB eexxppeert eOaCHF04924Ms 4etalls.AflordaWe 9-llfifi SVMCnp m-SM-I9R Ip presorts WazhlnO EC�NaO.1 DENTURES Tn-56dL39t IR 192 112IS9656 MC SL IS KNUTS m4slC 12 n3n35 15)R SB9.si1) z th awtr raw home c mi]N953 .rl UPHOLSTEIIY GCAHOE q - Ch,AkoitTressure �x�PATS L3EBApl�lAOExIIMna ® - old-ons Afm.n BOBCAT BACKHOE 14 yrs xP KSeb. M ICusiBed DCII x•lLG n N are A FlI�M bazAid- IpEllin on.A VO.UH n P ant np z R a dI I0.sIYD5a7aeaa r. n.n�od szs per CONCRETE azo uvc2am2es01 ;,,"� N PLUMBING h asr»°bss Mca°NMRI stet I °ahoour,f'ix 32usll AXwaaMe Mnwet ees9' M�NPNC 8 S10MGF e,pAaa, SCREENING zxousfi IE.xWB E, 1atl/`�. TREASURE xMovlXa all,aenlydRepalrs NENING a Rallab a Drnewa m FILL DIRT ,kin tlaYs wk B R.o&to bottom C E Xao.Canrt m w wnB CFCIs}6 AS A00 f0.R Ca I WI S "/ • .N,bee• ImMw Jm05I5c P...T O Drslvlw UcensMd nsuretl NBT393 W ave- ccclsiss6eili P Lm a;p.oT. COAST ng-snasssRlsRis`flo m631a]fiefi ul M. m.cw2ea9 wpLLPAPEIi CLASSIFIED GWNE OR,FA.aTo _ m-013-e6[t prsLc OMW a wtxaown Cees p491DF-y0[IISWE 0 s Y, t t f—&=-FM VAlp�wu , E DHiww+YsyPelkL san0^all.�orsirings, Your SourceFw °Inuit F9-EAXF wsswwmlq au<<eaaN• IIym none lixs.a IalrL�wnsfanl lg ra/Block a ineCC A rick Bale 'Priliws:l'ne,hgrr�a�sdq C.ssHleds for career Tes`iESalervice�U1 Xman Vmxn51r5mn flea Ina.1er_exy.puel Fp Dearem knit pd6 eumpmWA CWbackM1w O Mcb ]n 5691 IR SH -nLLimt P1RR8lW51 LIUIna nunkles. ///E a"a'rs�« ON �,L11 cn n/V ��� ". ' SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal -fit TIP T 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO PLANNING 2525182 6/14/2013 PUBLIC HEARING 7-2-13 ALLEY ABANDON NEWSPAP R E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Swo t nd subscrib d before me this day of, June 14, 2013, by I kt'Xj'� c who is Sherri Cipriani personally known to me or ORIGINAL [ ] who has Y'oduced as identification. Mary T. Byrnel Notary Public rni.d► ots�, N.s MARY T BYRNE Notary Public-State of Rprfda E My Comm.Expires Aug 2,2014 O - .,� ��t..��� Commission#EE 7134 E6 •SCRIPPS TREASURE COAST NEWSPAPERS •FRIDAY,JUNE 14,1013 TCPALM.COM CLASSIFIED C NOTICEOF NOTICE OF NOTICE OF VC N0nCE0FACDON NOTN;EOFAC110N NOTICE OF ACTION FORECLOSURE AOMHUIRIFUMIN ADMINISTMTON REQUEST 101110 REQUEST FON BID NOTICE OF MEETING NOTICE OF MEETING ,µ AsrRp o Clerk "" Part RPad, U.2010 in Gui Mord hip M1ert and beat bid CASE NO.Pub:June 14,21, Email:purchavinBN NI t°C.....ors neve oDOortuniry sou a e raon SON.300,Boce Ra- County,Nonh GrDIF Ox far ca¢h the Jury 31301}CP-000404 2013 irpw.wm. Florida DWPnmem of [D b.alT ..will De TM Boartl will a T e e disebil who FL oJ34n6, d Aaeembty Boom,210 TCN2525]J9 Trenspaneti°n hNd by the Board al onsider y Ihe� C d e lila IM1e 9 I wilh SP R Intl Strevl.IN RE:The Estate°I Deadline for receipt of P.jM County Cammiuian� Dusinesv,which m DC ac Pmmodalipn he Clerk 1 he Ymu re"quire'Ia Fon Pierce,a '00 JANICE M.BflOCKIE, bids hu been sal lar sot Ineian fliver troperty wme before °rear t°participate "T"'Th' wiNin 3p days Ye tlelen se Io a on IM1e Ifith day Dmeasetl 2W P.M,on Jury 11,Bltla will be received Counl,,Florida In the m 0) In IM1ef penflledi n81 after"a tiro Du0lirs uch pie ading not 1 July,2013,IM1e 2013.Only°bitla'*- by IM1e Divlrict Four the County C°mmi[ pen to the publientl N ^ou • led, 1....notiu,or falx Nan"Th� 14, following tlescrlbad NOTICE ceived on r beton Pracurem°nt Ofiil, An Ch,mbers of J by wed_in O ITT oDP,10 m< ITT, ,ivlely,her Ti. 2013,aha p n r°°= p.°p.e ae t loon To CREDITORS REQUEST FOq 810 he Imv M1e a.Iv nil :00 A.M.on IT.CA�n A—i, ecc°rdance wrtn 11. Q provlzion 1 rn ter o M1erwive a tiv ,allure 10 tlo s°1hv [ 1 tl Fine Thv edminim tion of No,lce to CamraCors listed will by con¢id- N g, provisions of Floriae os'9� e Please M1ull may M enroree part seekin elle,Jud %.rich Dapanmem of Fridry,July 12,2013, tratron BuiMin l4- �e° Y A gmant,to wit: Ne estate of JANICE eyed.Bids a .Id M ITT IM1e MIT,in 0 pro- cared 4 1001 1)Ih Lew for Communis 7 [Cprrle 4vm you for IM1e ,Tort you will p M.Bfl OCKIE,tiv-T=ansponxion R°jen pddrezud tP Fur Deal In Mersin,51. S[rmt Vero BepM1, Dev.lopmmtOiXri els Q Q Jo M1 n ap n, OA r ilei demanded rn ply to IM1e Coun for LOT I,BLOCK 2001, < etl,whose date chaeing Division, lune&Indian giver floritla,on Tuveda ` C°ertlinmar.250 NW the Complaint hs elle,herein PogT ST LUCE SEG Dri Bid.will be received ) K The meeling m ry a Pf death wee A 0, by the MITI-Fp 1000'It." ,h Street, C...ties:EINa0.July 2,2013 x 9V0 ti—nue'tp a Country Club Drive, sought. TION TWENTY TWO, 2013,1,yending In procuremen 011lce Vero BeacM1,Floritl, Poedway elAninO am. me, ntl plea,gabs J Sui[.21],Part 6t.TpM1Y•notice Ph 11 be ACCORDING TO THE by Circuit Coun far 32960.All biea will a e pavement mark e r a () L..I FL 31906] bli.h.d You ere entitlM to et PLAT THEREOF, Intlian River County, nil II:00 A.M,on be pmea amps=Ifiea an to public,; 99,Co 1h IMinrg Anvyo n v wnomy Mal Ph.meati 17 72) 00]-43]0 e w e•k t o r t w a end any M1eerin0 al PECOfl10Ep IN PIAT floritla,RobaN pial- (ndN.I. IZ,1013, •nE sad loutl a etive ° pc N 0 I 1]tl,ye Dvlore .....'a a..in fatting Y° righty. BOOK 3.PAGES 21, son,he 'dine of =M1e 1°Ilowin0 pro 2W PM prl Did, 1°rmalion forllM1 is e.n io°,awn;in aey There _O vdm.=n.emed=° M1e 51.Lucie News You s e till tl to 21A TO 28G OF THE r yoval Martin.St, mry ba occa- eDDearancv,P� Tribune. have c n el PUBLIC RECOCRDS hich la P.0.Dox Lude&Indlan River wive' her 2:00 FM, pr jj is available be made a tM1iz s O• metli,cel n DATED M °p 1020,Vara BeacM1, CDunties:240fi9 Pre- of IM1e d Vy peclfietl n ur we Mile at' eMng;will nmd t° Imom Superv're rs°will Y y ry 20,301J nletl by the Coun. C F S T.LUCIE Florida,32961. TM1e ...n[ praise&low above, ill pe re- hnpVMww.aot[te,e.l a Arta erba DerticipaAT le y le M W elvl^A"iris If you tlezire cou'ul' COUNTY,FLORIDA. a ntl addrea:. msd anpanee. I.u.lcoe rap:aaminl[ limure[ortl of the Mne. tlM1e above CO Drill cation if IM1e JasepM1 E.Smih. you M1auld n of IM1e personal °r high maX Ilgh,,,g I p Q /& >x belore IM1e CA of the M1e lw6enila Cler9al II non ere a person rep C.mple[e,ening atl pit r. Inric,4l=lick Nr^<eetlip,ie made lo"tron,here will M Iy �/ plc h e tl u e tl Cnuit Court IJ367 31-6130 im vi h e dlsebil;woo ,harp s Ilvv and v meet inlorma- °Pe^house I., onlJuly 2.2013 1,- i.h in dude¢[M1e present a Baker e per =e i,levo By:EtM1d McDonald metlielely re a d e•.a anornf° �ral°r sole pruoec[ D=oapeh.ld,'dors g r py ca Iing [•atTh pend vi. [aleph ane"¢rite,any W V 1M1an)deya;if o O p ry Cerk c all.This'a ee c°mmatlati°n in 3° a available n u II M hale at the1.y 195 1) 621. tlence u wi ice ime Xe pmaon can >, ere M1earing or. w ms end enY eI order IO p icipate pll ncr�etl ors aof[M1e w e b v I t e ,I r Ju a 26,201AT 9 from Pub:June 11 11,.13 buses ppe.l^wrl be,he abov—itiorn and W J C d,"11711.r[°If nun a a person I r vy pr ipuaty Int oceetl.P9 tlec°dent and oth., htlDl/www,dot.a,aty. 9;00 A M,until 2:30 CN252 fib J R 10913)863 NOA w M1 a disabllrty woo polntad°RI no rep you erepen,illee, fl.u[Iw n,rectsedmi ni by lolly inlarmed o a tl toroou,to IM1e ueraons M1eving era lonPEE,dick P''M' No1i"ID Cpn,rattore INDIAN RIVER IM1e di:=nasions taking J ,Z C Publish:June 7,14, a=.mmod.t i yqR r pr°vl¢lon 1 tenpin or dementla °n juory 12,h1131N Florida 0°penmem of COUNTY Pace either in person ' LL ^n poroc<etli u unleav aloe net dacedent'a ,y All bitla sM1all be sub Rensponatian BOARD OF COUNTY or by INepnone wm Q G 2013 order Io panlcipale rdered by^[M1e Coun. ozlalence.Ple,ae a tete on whom 'ng Y telling o i11etl rn Duplicm° /^� TCN25Z36Z3 in tM1la proceedln0` elect Corrie wpy Af thi,nmi" t954I]]1<121, n the Bid Forma %°lett CBVMISSIONphRE munlwlion. I.L O you are enlltlad, Thi,IM1e 5 day of CP.ns.n,ApA re euired o De P. June 14,31, Provldetl ithm the Bitla willMreceived by Flschm,LTairman Any person re ring M Z IN THE CIPCIIT no ro oDu,to the June,2013. Coordinator,250 NW ury d muX J.Th. ER ing Do<umenla. Inv DIs[ritt Four Pro- 'el ac qui r Z LL Y CW RT OF THE 19TH provision 1 certain Euniu Jones Ob- C0IIn.1 Club Orlv°, p'm n tM1i[man p 3 BID SECURITY moat ["rem flung commod JUDICIAL a¢Istence.Please grtomrylor Su ile Z1],Port S,.WITHIN THE LATER TCNI53511fi en Ol6ce until Pub:June 11,2013 al lois meeting CIRCUIT.IN ANO fOfl onta<1 Corrie Pxi,iener Lucie,FL 34986, OF THflEE 131 hF11.to CO'... end must be in[M1e TCN2525102 Oman"ofadisabili O C accompany each Bid, 14W AM,on Fridry, ry ST.LUCE COUNTY, Joh neo n,ADA 30305omh Park 1]7219074J70 at MO LATHS AFTEfl July 42,201J,for Me DM1Ysislimparrment N %endo Department oI Iorm of an AIA Docs. Inllevnng proposal in Th wnbct IM1e J e— W ASE NO: Coortlina,or,250 NW Drive leas[)eery before THE TIME OF THE Tlanapona,ion%ojmt mem A310 BM Bond, Manln,St Lutle&In- Unnn Office n 19541 /� T CASE LA0: Country Club Drive, Reitleville,NC 2]320 your zcneduled wan FIRST PUBUCATION Iy U ; CASE No. Suite Z1],Por[SI. 33&3426050 aDPearance,or OF THIS NOTICE OP Bitls will b<reuived 1h�'8ide;antl by� tlien giver Counll 1e 72218601 m lea#five N 582m}G1-0005]2 Lucie,FL 31986, Sl.e Bas10954 mediately u on 30 DAYS AFTER THE by IM1e M.tH.Four quvlifr°d surely,ore 141 Pry event NO7ICEOFMEETING. lend.days prior tp 17721 907.43]0 at Ino isle GATE OF SERVICE Procurement Office <ertii,ed check ore m &lower III, NOTICE OF PUBLIC [he meeting. Ii9M1tlnp FARING U ff! t6 RST HORIZON leas)]days belore PYnllah:June 11,11, n°tiflce,ion it,M1e CF A COPY GF HIS nil 1100 A.M.on cesM1ier'e cM1ack, Cpmplety IMinA eb AND REGULAR Each person woo O > HOME LOANS A 01 your¢d,°duled c°n 2%Jul 5,ZU13 ime belore IM1e Frid July 12,2013, tlrawn on en;bank v a O u 3 s p Oi,CE T TNEM. N. ..""ant i IT, d. MEETING OF THE dtlez to a P..(an VISION OF FIRST orpmearence,or TCN2523919 =h e d u I e d o liar creeilors of for IM1e Inllowing Pro T.Th1rizetl o do n , ig QY TENNESSEE BANK ediately pp.arance lezz Deal" Martin,51. on br Nis gojett is PoRTOFINO SHOflES tlmisipn me Dy the ♦ yy Ina a.=edenl Md business in M1e 51X9 a ailable on our web- COMMUNITY Board with reuen ro \ U Z •O NATIONAL ASS" re ceivinO lM1li aAvn]deya;If you oM1er Denons M1rving Pu=is&^Indlan River a;%oris..6M sew- ," ChIIP:I/www- DEVEI Mmanerwnzrdered CLITION, .,if! if IM1e M1earing or v"'=]alma or demand° Counties:E4N00, rte a •ds PLAINTIFF time belore[ha NQTICE OF impeireQ all]11. main:[decedent', Roadway sig ni h8 r m Dlun.blue[M1ae 'dm.XXv.R.ual=onvett DISTRICT ,IM1e meeting ie ee ITTVS. s c h e d u I e d FORECLOSURE ro mu M1e mdr e d eve em ma- live pe m IS%`o ueminlNntimaimin vrsea,nx person will ` DIU YUN CHEN,ET PV ,,n..la less IN THE CIRCUIT Anry vera n Maiming r°laim•wilM1 IM1Ia wan g.ComPlme 1°nlnB IM tatalea un of 4)c icy July 12,TM1e Board M Supervi- need a r rtl o11ne AL than]say.;it Dau COURT OF THE a la set In IM1e WITHIN THREE IJI ^averts meet In- IM1e bitl,made pa p131Min9 rby call. e s of IM1e Ponolno F.cedetlinyya antl Nat V DEFENDgNT151 ra hearing or v ice NINETEENTH aurp a Tram IM1e MONTHS AFTER larma[ion 1°r[hi, ably 10 Indian fliver ^01954)]tId621. Shores Community w ,nilly,IM1e per O Impelretl,ulI]11. JUOICWL CIRCUIT, •Ie,Ilf any,olM1er THE DATE OF THE Project ie available County Board 1 Development Dinrin u gmsy nmd to em NOTICE OF ACTON n p, ° Pub:Jun°14,21,M13 will held•regular sura M1ateverba,im Poblwh:June 14,21. ST.LUCIE COUNTY, IM1e nrtaM1e properly FIRST PUBLICATION lit[pY)www.dpt�a,ete. Caun^COmmisaion- TCN2525669 IinO end a public mwrd eflhaprpwed C O. 3 o11M1a tlxe OF THIS NOTICE. rv. t event M h V,.l p on Jul 2. !ngs is made,I.— ON DI IM1e lis Pendens ALL CLAIMS NOT fl.udcOn[r,ttsadmini entras la award,d yy a Olu Yun CM1en and JI TCN25253W GSE NO. m t the a claim FILED WITHIN THE s[nvo d,rin4l Nick'CoIM1e aidaer,eiaa.r 3 m 2:30 P.M.a[rg IM1e lutimon eM • FBI.Chen M1e Sh Orv,Club. dm"u0pn whicM1 N 562009CAOOfi093AXX ilhin 60 Bey[cher TIME PERIODS SET Juty 12,2013 1. will emer info a Cao M1ouse,5]20 S 'ah au<M1 appeal i•to by C - = gE61 DE N C E:- 3707E OF NORTH XHC [he ale. FORTH IN SECTION OI^9 by T.IHn, wM[M1e County NOTICEOF$AlE 1M.,F.. FI. D°see. C UNKNOWN COUNTY OF 3.]02 OF THE 195417n�21. and furnish th-re NOTICE OF SAIF Pierce,FL J095T for 1.H°nv O O LAST KNOWN A' COUNTY OF Bp ANCH BANKING D.ee Miv_day of FLOP PqO BATE quire'100%Public 98 pOgp Ue purpew of nearin0 Manger Z DRESS:2314 SE ROCKIRENAM AND TRUST COM 2013. CODE WILL BE FOF�Pub:Jun•14,21, C.Q,cion within 1F FOUtI60XL129191 w a and objet.PublisM1:June],t4, En Q. Addison S[,Pon S1. IN THE GENERAL PANY, 8:T�Lauren E.Berberi, EVER BA R fl E D, psi M Ilmelmme am by y4g21 ppui LwJe,FL 349& COU RT OFJUSTICE%aimiN, Esq. NOTWITHSTANDING TCN2525172 the County.ll Bidder SALE ON JUNE 2B III�M1e bus eda1 for TCN2523201 0 DISTRICT COURT ve. Florida Bart:WB1BJ THE TIME PERIOD Npti=e ie hereby 9i en della 10 tlo w,the Bid B10W AM Ihv oparafi°n and (� YOU ARE HEREBY DIVISION COFSIN'flODfll-E m i BET FDRTH ABOVE, M1al IM1e Indian River Security anal,be re CJ's Towing ane Pt main, ace of Ois M NOTIFIED,hx m,c FILE LA0.13 JT 51 GUEZ,NeI. lBarbatiNvanlewfl.c ANV CLA IM FILED County Board of !erose by IM1e County E..) En tr°^Ip Iorecl°••a Oefendanta. 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FV-1,INC IN Fennell,PA.eY and Sler.com at PUMCHASING ,^,°x•20,II Res' •O you,ane yoou ere m Pel aperna[you M11aa TRUST FOR MOq NOTICE OF 9)98eachUnd 1900))I 11JI2 or ANAGER %ace s Ih I.I.2nd VRITih the Dvegatpj r y T.ye l your wnnen bbovo-e 1011 ewicn. MO TGAGE CAPIIN v AOMINI$TMl10N Boulevard dow nl oetletl from INDAN FRET Svem end lying be-gn=epy of[M bud xM w IN THE CRWIT V.BTTdR,F.6da ITT!,web Bile et: COUNTY hind IPts 1 lhrou T, A•[Isl may be ob- delensn, If any4'�,ro The nature of the ra TAL HOLDINGS COURT OF THE 19TH 32963 www.demand1"ITP 10 al IM1e J.T.Grryi Ithi NXlhe o#iuv of FI dWpi m This anion on GM. diel beln0 souggM1l is ILC„ie PUinliH and JUDICIAL CIRCUIT,IN legal Service: m.Bid specificalione Pub:June 11,2013 Town of GittoM Sub-IM1•Dixriq-Ta., N X C t M1e law Group, ae to NOF PAPMh CO RSIN'PODRI AND FOR INDIAN w Dvurvice1,,,.Id ere also va,.R al 11,2 A31 division. A public 5385 N.Nob LI VA.=, wwto�M An /s/& O P.A., t nays for NATION OF PAPER. GUEZ, re a DRI AND F COUNTY, okuysem Indlan fliver Caun N r W N pleintifl,wM1oae ea- TAL RIGHTS o1 mala tlMta. The Clerk of FLOPIDA Pnonr nD331-1100 Purchasingg Oivi[lpn near,"01 a w'n'cM1 Rove,Sunrise,floritla G ere•a i• 99 W.cM1lld Mm on AguX Court will all to IM1e PR00ATE DIVISION Fu:772 231 i _H.. n^elervzt 33351,durin0 normal 7wasue wee azallka et 17127 2 6-1416 o and lc h•II buin•u noun. 7 Uza a .2 �/e1cl� fiord 1= N L: z R+ �D Eo z ' S iT YOU re- no tsa 2007 KIA RONDO LX PASSENGER VAN ii, 2011 HYUNDAI AZERA GLS POWER,FOLDINGF ALL,THE REAR SEATS, .'e"— SK#3203A POWER. C i,Tj,I STK 3452A VELDE SEAL-DOWN VELDE SELL-DOWN Q�as a ♦-/ $10,987 •• • s $19,887 C N U 2007 MERCURY GRAND MARQUIS LS 2012 HONDA FIT 50R H/B 2006 TOYOTA TUNDRA DOUBLE CAB S115 CA LEATHER,FULLS. - - POW R. 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Baird; County Administrator D TMENT HEAD CONCURRENCE: Robert M. Keating, AI , Comm Development Director FROM: Stan Boling, AICP Planning Director DATE: June 18, 2013 SUBJECT: Consideration of Amendments to Land Development Regulations (LDRs) Chapter 915,Planned Development,to Change Mixed Use Development Regulations To Be Consistent with the Revised Comprehensive Plan Mixed Use Policy 5.6, and to Delete an Out-of-Date Table (Appendix) in Chapter 952, Traffic It is requested that the data herein presented be given formal consideration by the. Board of County Commissioners at its regular meeting of July 2,2013. DESCRIPTION& CONDITIONS Currently, the county is considering certain amendments to its Future Land Use Element mixed use development policy(Policy 5.6). Those proposed amendments,if adopted,will modify certain requirements for mixed use projects in residential areas. Among the proposed changes are increasing the commercial area allowance for projects in low density areas,allowing fuel sales in mixed use projects,and providing for some commercial development to occur prior to the commencement of residential development. A Board hearing (final hearing)for adopting the proposed Policy 5.6 amendments is scheduled for July 2,2013,immediately prior to consideration of the subject LDR amendment. As structured,the county's land development regulations(LDRs)implement comprehensive plan policies and must be consistent with the comprehensive plan. In fact,the LDRs are subservient to the comprehensive plan and,whenever there is a conflict between the two,the comprehensive plan prevails. In many cases,changes to a comprehensive plan policy require changes to a corresponding LDR section. In this case, changes to mixed use Policy 5.6 require changes to the mixed use development regulations of Chapter 915. To keep the county's mixed use regulations up to date with respect to the Policy 5.6 amendments, staff has prepared amendments to Chapter 915 that match changes proposed to Policy 5.6 (see attachment#6). In addition to the Chapter 915 changes, staff has also prepared a minor LDR amendment to Chapter 952, Traffic. That amendment involves deletion of an out-of-date and obsolete right-of-way table that currently constitutes the appendix to Chapter 952. Staff proposes deletion of the table (appendix) in its entirety. FACommunity Deve1opment\CurDev\BCC\2013 BCC\Mixeduse7-2-13.doc 1 105 At its meeting of June 13, 2013, the Planning & Zoning Commission voted 5 — 0 to recommend that the (W Board adopt the proposed ordinance amending Chapters 915 and 952. The Board is now to consider the proposed LDR amendments and is to make a recommendation that the Board adopt, adopt with changes,or deny the proposed ordinance containing the LDR amendments. ANALYSIS • Mixed Use Developments Currently,the county's mixed use development regulations contained in LDR Section 915.20 closely mirror Future Land Use Element Policy 5.6. That policy,however,may change on July 2,2013,when the Board considers amending several provisions of Policy 5.6, including the allowance of fuel sales and a limited amount of up-front commercial development within mixed use projects. Those mixed use projects policy changes are addressed in staff's report for the Vero Estates comprehensive plan amendment request (see attachment#4). As structured,the proposed 915.20 amendments reflect the specific changes being considered for Policy 5.6. The proposed Section 915.20 amendments have been scheduled for Board consideration on July 2, 2013, immediately following the Board's adoption hearing on the Policy 5.6 proposed changes. If the Board adopts the Policy 5.6 amendments,it can then immediately adopt the proposed Section 915.20 amendments to bring the LDRs in line with the amended Policy 5.6. • Chapter 952 Update As adopted,LDR Chapter 952 regulates various traffic-related aspects of development and includes a right- (W of-way table that provides the ultimate right-of-way width for each segment of the county's major roadway network(collector and arterial roads). Those ultimate right-of-way widths represent the amount of right-of- way needed to accommodate future roadway build-out conditions for a given segment of roadway. The ultimate right-of-way width information is used during development review to determine how much right-of- way, if any,needs to be acquired from project sites that front major roadways. In 2006,the county updated the Chapter 952 right-of-way table based on a re-evaluation performed by Public Works. That table is found in Section 952.08,remains valid and up-to-date,and does not need to be changed. Recently, staff discovered that a similar but out-of-date table that is an appendix to Chapter 952 was never deleted. Thus, there is an out-of-date and obsolete right-of-way table still appended to Chapter 952 that is inconsistent with the 952.08 right-of-way table. Consequently, the appendix needs to be deleted in its entirety. As structured, the proposed ordinance (Section 2) will delete the Chapter 952 appendix in its entirety. No other sections of Chapter 952 will be changed, and the up to date Section 952.08 right-of-way table will remain. Deletion of the Chapter 952 appendix is supported by Public Works. • Impacts on Development Costs and Affordable Housing The proposed amendments to the mixed use development requirements of Chapter 915 will expand flexibility for development of such projects and will not increase development costs. The change proposed to Chapter 952 will not affect development costs. Therefore,the proposed LDR amendments will not increase the cost of development,including the cost of developing housing. (W FACommunity Deve1opment\CurDev\BCC\2013 BCC\Mixeduse7-2-13.doc 2 106 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance amending Chapters 915 and 952. ATTACHMENTS 1. Minutes from March 14, 2013 Planning&Zoning Commission Meeting 2. Minutes from April 9,2013 Board of County Commissioners Meeting 3. Proposed Policy 5.6 Changes 4. April 2013 Report to BCC on Proposed Policy 5.6 Amendment 5. Unapproved Minutes from June 13, 2013 Planning and Zoning Commission Meeting 6. Proposed Ordinance to Amend Chapters 915 and 952 IndiaAPPROVED AGENDA ITEM: Admn.fiverCo, ov Date Admin. fo a7 �3 FOR: Aalv 2 201 Legal •�-(� �? Budget r' -13 BY: Dept. Risk Mgr. FACommunity Deve1opment\CurDev\BCC\2013 BCC\Mixeduse7-2-13.doc 3 107 f ^ Mr. Joseph Schulke, representing the applicant, came forth saying he concurred with staff's report and was available to answer any questions. Vice-Chairman Hamner opened the public hearing at 7:08 p.m., and since no one wished to speak the public hearing was closed. ON MOTION BY Mr. Brognano, SECONDED BY Dr. Day, the members voted unanimously (5-0) to approve staff's recommendation that the Board of County Commissioners approve the applicant's request to rezone the subject property from CH to CL. Vice-Chairman Hamner read the following into the record: B. Vero Estates, LLC's Request to Amend the Text of the Future Land Element of the County's Comprehensive Plan (2013010082-70358) [Legislative] Mr. Sasan Rohani, IRC Chief of Long-Range Planning, reviewed the information contained in his memorandum dated March 6, 2013 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. (W He recapped that on October 25, 2012 the applicant had been before the PZC requesting a small scale land use amendment and rezoning request, and the members had voted unanimously to table his request. He indicated staff had acknowledged a limited amount of neighborhood commercial was appropriate for the site; but to change the whole site to the new commercial node was not. Mr. Rohani related staff and the applicant had met to discuss options to develop the subject property and staff had agreed the property could be developed as a mixed use planned development (PD) and an alternative to current policy 5.6 limitations would be to allow up to 2.5 acres of commercial development to proceed without any residential units being permitted. He added any further commercial development would require at least 25% of the residential units to be permitted, which staff felt would accomplish the objective of ensuring that proposed mixed use projects did not end up as stand- alone commercial sites with no residential component. He concluded his presentation with staff's recommendation that the PZC recommend that the BCC approve the proposed comprehensive plan text amendment for transmittal to state and regional reviewing agencies. L PZC/Approved 3 March 14,2013 F:\BCC\AII Committees\P&Z\2013—AGENDAS& MINUTES\P&Z-03-14-13.doc ATTACHMENT 1 108 Dr. Day noted Mr. Rohani had stated policy 5.6 was structured to be somewhat restrictive and he assumed it was purposely done so. He wondered what had changed between when the policy was first structured and the present time. Mr. Bob Keating, IRC Community Development Director, did not think there had been any change; however the policy was structured to be the very strictest and when a real project came in and staff looked at it they could see some opportunity for changes. Vice-Chairman Hamner felt 2.5 acres was fairly restrictive and thought five acres was probably more realistic for this site. Mr. Joseph Paladin, representing the applicant, said he supported the changes as proposed today but added he would like the members to consider extending the 2.5 acres to three acres. Mr. Keating said he had no objection to three acres. Vice-Chairman Hamner opened the public hearing at 7:23 p.m. (W Attorney Bruce Barkett indicated he supported the application. He related he represented two property owners of 27 and 37 acre parcels respectively, and while he allowed 2.5 acres was something he would like to see it increased to five acres, or possibly 25%, especially for the larger sites. Attorney DeBraal inquired why the allowable figure was 2.5 acres versus 25% of the total. He pointed 2.5 acres would be one half of a five acre parcel and if person had a larger parcel, perhaps more should be allowed. Mr. Stan Boling, IRC Planning Director, said it was staffs intent to allow a developer to put in convenience-type retail store that might be equivalent to an out parcel or two when a larger development was to be done later on. He pointed out the idea was not to allow all the commercial development to be built up front but at least allow the applicant to obtain some cash flow if commercial was what was demanded by the market at that point in time. Discussion followed. Chairman Hamner closed the public hearing at 7:30 p.m. PZC/Approved 4 March 14,2013 F:\BCC\AII Committees\P&Z\2013—AGENDAS& MINUTES\P&Z-03-14-13.doc ATTACHIAUff 1 109 (W ON MOTION BY Dr. Day, SECONDED BY Mr. Rednour, to accept staff's recommendation with the modification of putting L-1, L-2, M-1 and M-2 together and using 30% as the base minimum. UNDER DISCUSSION Vice-Chairman Hamner related he personally felt there should be a bigger proportion allowed on projects with more acreage. He inquired if the motion meant the owner of a 30-acre parcel would be allowed nine acres if 30% was allowed, or would he only be able to develop three acres of the nine acres. Mr. Keating clarified only three acres would be allowed until some residential was put in, because staff felt that was the meaning of mixed use. Vice-Chairman Hamner suggested if we had the 30% three acre minimum, could we not say "or up to 50% of the designated amount" at the same time, which would cover both small and large parcels and mean in the case of nine acres, a person could go to 4.5 acres. Mr. Keating recommended staying with the three acres as proposed by staff. Mr. Brognano proposed adding "or 50% of the designated amount" to Dr. Day's motion. Attorney DeBraal noted there was a motion on the floor and both Dr. Day and Mr. Rednour would have to accept the amendment to the motion. Discussion ensued. ON AMENDED MOTION BY Dr. Day, AMENDED SECOND BY Mr. Rednour, the members voted unanimously (5-0) to accept staffs recommendation to recommend the Board of County Commissioners approve the proposed comprehensive plan text amendment for transmittal to state and regional reviewing agencies with the modification of putting L-1, L-2, M-1 and M-2 together and using 30% as the base minimum; and allowing three acres or 50% of the total commercial acreage allowed, which is limited to 30% of the total project; whichever is greater. (W PZC/Approved 5 March 14,2013 F:\BCC\AII Committees\P&Z\2013—AGENDAS& MINUTES\P&Z-03-14-13.doc ATTACHMENT 1 1 1 O (W ON MOTION by Commissioner Solari, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-027, amending the fiscal year 2012-2013 budget. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) 10.A.1. VERO ESTATES,LLC'S REQUEST TO AMEND THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN LEGISLATIVE) (W PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating,using a PowerPoint presentation(on file),provided background, description, and analysis regarding Vero Estates, LLC's request to revise the text of Policy 5.6 of the Future Land Use Element of the County's Comprehensive Plan, for mixed use (residential and commercial uses)planned developments located in residentially designated areas. In addition to the proposed Amendment, the applicant requested the policy be changed to allow up to 2.5 acres of commercial property, located at the northeast corner of CR 510 and 66`h Avenue, to be developed in a mixed use planned development before residential development is constructed. He elaborated on the Planning and Zoning Commission's request for additional changes to Policy 5.6, expressed staff's support of the changes, and recommended that the Board approve the proposed Comprehensive Plan Text Amendment(CPTA) for transmittal to State and regional reviewing agencies. April 9, 2013 4 ATTACHE 2 111 (W Commissioners commented on the timing issue of residential development, stand alone commercial, and the usable square footage for stormwater retention. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, sought and received information from staff regarding Policy 5.6. He did not support the change and recommended tabling this item. Joseph Paladin,Black Swan Consulting, representing the applicant, explained why he supported the text amendment changes and how it would be economically beneficial to the community and the County. He said the changes would allow for the development of property located at the northeast corner of CR 510 and 66`h Avenue as a mixed use planned development, instead of the previously requested commercial land use re-designation and rezoning request. Fred Mensing, 7580 1291h Street, Roseland, wanted the Board to look at the big picture and give this serious consideration. Bill Rigby, 8465 59h Avenue, sought and received information from Mr. Paladin pertaining to whether the project was taken to the citizens of Wabasso, or the Progressive Civic League. There being no other speakers, the Chairman closed the Public Hearing. ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-028, approving the transmittal of a proposed Indian River County Comprehensive Plan Text Amendment to State and Regional Review Agencies. (W April 9, 2013 5 ATTACHMENT 112 Appendix A Revised Future Land Use Element Policy 5.6 Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing mixed use PDs in residentially-designated areas. All mixed use PDs in residentially designated areas shall meet all of the following criteria: Development Parameters 1. The maximum project area for a mixed use PD in a residential area shall be 40 acres. Mixed use projects exceeding 40 acres shall be designed as Traditional Neighborhood Design (TND) developments and shall comply with Future Land Use Element Policies 18.1, 18.2, and 18.3. 2. Mixed use PDs shall be limited to areas designated L-1, L-2, M-1, and M-2 and shall be located along SR 60, US 1, Indian River Blvd., 58th Avenue, CR 510 (west of the Indian River Lagoon), CR 512, or Oslo Road. Alternatively, mixed use PDs in M-1 and M-2 designated areas may be located on sites that are adjacent to C/I nodes. Mix of Uses 3. To ensure that mixed use PDs contain an appropriate mix of residential and commercial uses, commercial uses shall be allowed to constitute no more than 2025% of a project's land area in T ' and T 2 designated areas and no more +tomofpr-ej ee 's land area in M 1 and M 2 des pated ,rens 4. The vertical mixing of uses is allowed and strongly encouraged. Where residential and/or office uses are designed and located above commercial uses, the amount of commercial area may constitute up to 2330% of the project's land area in n T 2 designated areas and up to z0-% ofthe p set's t,,n area in N! 1 and N4 2 designeAed areas. 5. For purposes of these mixed use regulations, commercial area shall include buildings, parking areas, and adjacent improvements that serve commercial uses. Open space areas and common areas/improvements that are shared with residential uses,however, shall not be treated as commercial area. 6. Commercial uses allowed in mixed-use PDs shall be limited to lodging, institutional, office, retail (including fuel sales), personal service, and restaurant uses. 7. Within mixed use PDs, the Floor Area Ratio (FAR) for commercial uses shall be applied to the commercial area. For the commercial area, the maximum (W FAR shall be 0.35. AnACHmaT 3 113 8. Within mixed use PDs, the maximum number of allowable residential units shall be derived by applying the applicable comprehensive plan land use designation density allowance to the entire area of the project and, in addition, may include any applicable density bonuses. 9. Within mixed use PDs, commercial areas may be internal to the project or may be located along a project's boundary, where such boundary abuts a thoroughfare road or is adjacent to C/I-designated property. Where such commercial uses would face residential uses located outside the project, buffering and compatibility improvements shall be required to mitigate any adverse impacts. 10. On-street parking shall be allowed within mixed use projects. 11. All mixed use PDs shall be designed to include a transit stop within the project. Building Design and Setbacks 12. Within mixed use PDs, common architectural themes, common hardscape and signage themes, and multiple pedestrian connections shall be required to integrate nonresidential uses with residential uses. Common architectural (W themes shall apply to both commercial and residential areas of the project. 13. Within mixed use PDs, no individual commercial building shall exceed 25,000 sq. ft. in commercial floor area. Lodging uses shall be exempt from this limitation. 14. Where a nonresidential building in a mixed use PD is adjacent to residential buildings located outside the project, the nonresidential buildings shall be compatible with nearby residential buildings. The scale of such nonresidential buildings may be minimized by articulating the building's mass, using sloped roofs instead flat roofs screened by parapets, and/or by planting canopy trees around the building's foundation. For residential buildings adjacent to a mixed use PD, an existing buffer may be used to satisfy the compatibility requirement. Street Network 15. Each mixed use PD shall offer alternative routes and connections between destinations within the project and to appropriate uses on adjacent sites by designing and constructing a street network that consists of a grid or modified grid pattern that accommodates connections to appropriate uses on adjacent sites. (W ATTACHMENT 3 114 16. The project shall contain a network of interconnected streets, sidewalks, and pathways. Streets shall be designed to balance pedestrian and automobile needs, to discourage high automobile speeds, to effectively and efficiently accommodate transit systems, and to distribute and diffuse traffic rather than concentrate it. 17. Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas from automobile traffic. Timing of Construction 18. In each mixed use PD, no o e ^ ... n no more than 3 acres or 50% of the total commercial area allowed, whichever is greater, shall be constructed, pelted until at least 25% of the proposed residential development has been pelted constructed, and no ^emmefeia eefist-defie^ certificate of occupancy shall be issued for commercial area exceeding 3 acres or 50% of the total commercial area allowed, whichever i eg_r ,titer eeFifieates of eeeupaney unless at least 25% of the total residential development has received certificates of occupancy. r,.•,,...,er-ei,' nstfuetie^ shall not be -IN-% built and issued ee,4;f;eates of eeeupaney until at least 50-134 erthe residential development has r-eeeived eet4ifieates of eeeupaney. (W ATTACHMEWT 3 115 16AI PUBLIC E INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Joseph A.Baird,County Administrator D A MENT HEAD CONCURRENCE: Robert M.Keating,AI ; CComFty Development Director FROM: Sasan Rohani,AICP %r( Chief,Long-Range Planning DATE: April 1,2013 SUBJECT: Vero Estates,LLC's Request to Amend the Text of the Future Land Use Element of the County's Comprehensive Plan It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of April 9,2013. DESCRIPTION AND CONDITIONS This is a request to amend the text of the Future Land Use Element of the county's comprehensive plan. The purpose of this amendment is to revise policy 5.6 of the Future Land Use Element to modify certain policy requirements for mixed use PDs (planned developments) located in residentially designated areas. Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's Comprehensive Plan regulates the frequency with which the county may amend its comprehensive plan. According to the County's Comprehensive Plan,plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January, April, July and October. In this case, the subject application was submitted during the January 2013 window. The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission,as the Local Planning Agency,conducts a public hearing to review (W the request. The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment request to the Board of County Commissioners. 1 liTTACRIA4 116 Following the Planning and Zoning Commission action,the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing,the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. Ifthe Comprehensive Plan amendment is transmitted,state and regional review agencies will review the amendment as it pertains to each agency's focus area. Review agencies will then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues that were raised by the review agencies, a second and final Board of County Commissioners public hearing is conducted. If the Board approves the request, the approved amendment is submitted to the State Land Planning Agency and to the other review agencies that provided comments. The amendment becomes effective 31 days after the State Land Planning Agency determines that the amendment package is complete, unless a challenge is filed by an affected parry. This public hearing is the second step in the comprehensive plan amendment process. At this time,the Board of County Commissioners must decide whether or not to transmit the proposed amendment to the state and regional review agencies. Proposed Amendment As proposed,the subject text amendment will revise policy 5.6 of the Future Land Use Element. The proposed revisions are shown as underlined and stfike- t in attachment#2. Currently, Policy 5.6 provides an allowance for mixed use(residential and commercial uses)PDs to locate within residentially designated areas. That allowance was one of the initiatives that came from the county's last comprehensive plan evaluation and appraisal report. Incorporated within Policy 5.6 are various conditions and limitations that ensure that mixed use PDs are compatible with surrounding residential areas. Among those criteria are size restrictions,timing requirements,use limitations,design standards,connectivity requirements, and others. In this case,the applicant proposes to amend policy 5.6 to allow fuel sales within mixed use PDs. The applicant also proposes to modify Policy 5.6's current limitation that no commercial may be permitted until at least 25%of the residential portion of the mixed use project has been permitted. Instead,the applicant proposes to allow up to 2.5 acres of commercial development prior to the initiation of residential development within mixed use PD projects. In support of this application,the applicant has submitted a three page document(attachment#1). Staff supports this application and agrees with the applicant's assessment. Background In June,2012,the applicant for the subject text amendment submitted a small scale land use amendment for the property at the northeast corner of CR 510 and 661' Avenue. That application proposed to change the land use designation for the subject property from L-2 (residential) to C/I (W (Commercial/Industrial). In its analysis of the proposed amendment, staff determined that the amendment was inconsistent with several policies of the comprehensive plan. For that reason, staff 2 ATTACHMENT 117 ............ . recommended that the application be denied. At its October 25, 2012 meeting, the Planning and Zoning Commission considered and voted unanimously to table the applicant's small scale land use amendment and rezoning request (see attachment#3). After the October meeting,the applicant and staff met to discuss the property. At that time, staff acknowledged that limited commercial uses would be appropriate for the'site, but a new commercial node would not. With that in mind,staff indicated that the applicant could do a mixed use project on the site. To address some of the applicant's concerns, staff indicated that it could support minor changes to the comprehensive plan's mixed use policy. As a result,staff and the applicant agreed to the subject text amendment chanes referenced above.If adopted, those changes will allow the applicant to develop his C.R. 510/66 Avenue property as a mixed use PD in a manor acceptable to the applicant and staff. Consequently, this text amendment replaces the applicant's previous commercial land use re-designation and rezoning request for property at.the northeast corner of C.R. 510 and 66"Avenue. Planning and Zoning Commission Action On March 14,2013, the Planning and Zoning Commission(PZC)voted 5—0 to recommend that the Board approve this comprehensive plan text amendment request with the following two changes.The first change involves the percent of the total mixed use project site that can be developed with commercial uses. Currently,sites with L-1 or L-2 land use designations have a lower percentage(20%) of commercial allowances than sites designated M-1 or M-2 (25%). After considering the proposed amendment,the Planning and Zoning Commission recommended that L-1 and L-2 sites be allowed the same commercial percentage that M-1 and M-2 sites are allowed.The second change recommended by the Planning and Zoning Commission is to allow up to 3 acres or 50%of total allowed commercial area, which ever is greater,to be developed prior to construction of any residential development. Those two changes are analyzed in this report and have been incorporated into the text amendment proposal now under consideration. ANALYSIS When staff drafted Future Land use Element Policy 5.6,the mixed use policy adopted as part of the county's 2010 EAR based comprehensive plan amendments,the policy was structured to be somewhat restrictive. As such,the policy limited the allowable uses in a mixed use project, established timing requirements for permitting and constructing commercial square footage, required certain design elements, and imposed various other restrictions and limitations. In terms of uses, mixed use projects are permitted to have uses comparable to those allowed in the neighborhood commercial (CN) zoning district. As with the CN district, the mixed use regulations prohibit gasoline service stations. Unlike the CN district, however, the county's mixed use policy prohibits fuel sales. Besides the use limitations,development timing restrictions also apply to mixed use projects. Those restrictions were structured to ensure that commercial portions of mixed use (W projects were not built without the residential component being constructed. Both the use and timing provisions of the mixed use regulations are the subject of this text amendment. 3 I!TTACHMENT 4 118 Generally, gasoline service stations (includes repair and maintenance services)and restaurant drive- throughs are prohibited in neighborhood commercial areas. One reason for that is that those uses are car centric,while neighborhood commercial areas are more pedestrian oriented. That being said,certain car-oriented uses can function within the neighborhood environment. In fact, a fuel sales use can sometimes act as a kind of anchor tenant,drawing customers into the project and enhancing the viability of the other tenants. With such uses,however,project design is particularly important. Because of the nature of fuel sales uses, a project's design needs to buffer adjacent residential areas from fuel sales impacts,maintain project aesthetics,and mitigate potential auto/pedestrian conflicts. With a mixed use development,the project must be approved through the Planned Development(PD)process. Since the PD process gives the county more control of project design,staff's position is that fuel sales uses can be appropriate within mixed use PD projects and supports the proposed change. The other proposed amendment relates to development timing. When policy 5.6 was drafted,staff's concern was that, without a timing restriction, mixed use project developers would build the commercial component of the project and not build the residential portion. That then would defeat the purpose of mixing uses. To address that issue, staff structured policy 5.6 to require that a certain amount of the residential portion of the project be permitted before commercial development is allowed. At the time that policy 5.6 was developed, there were several alternative ways to address the timing issue. Although the current policy does not allow any commercial development to commence until a (W certain amount of residential is permitted,other options were considered when policy 5.6 was being developed. One such alternative was, like the proposed timing amendment,to allow a portion of the commercial development to proceed without any residential being permitted. In the case of the proposed amendment,up to 2.5 acres of commercial could be allowed prior to any residential being permitted. That amount of acreage allows for a typical convenience retail and fuel sales development. Any further commercial development would require that at least 25% of the residential be permitted. Staff's position is that the amendment is acceptable. Generally,the change will accomplish the objective of ensuring that proposed mixed use projects do not end up as stand alone commercial sites with no residential component. Analysis of the Planning and Zoning Commission Prouosed Chances When the Planning and Zoning Commission considered the subject text amendment at its October 25, 2012 meeting, the Planning and Zoning Commission recommended two changes to policy 5.6 in addition to those changes proposed by the applicant.The first change is to revise the policy to eliminate the differences between the L-1/L-2 and the M-1/M-2 land use designations with respect to the percentage of the mixed use site that is allowed to be developed with commercial uses. While the current policy allows a higher percentage of commercial area within mixed use projects in medium density residential districts than in low density residential districts, the Planning and Zoning Commission recommended change would allow the percentage of commercial area within mixed use projects to be 25% for all residential land use designations (L-1, 1-2, M-1, M-2), an amount which could be increased to 30%for projects that vertically mix uses. The Planning and Zoning Commission's rationale for recommending that change was that,because the 4 ,ATT,ACH M F.ItT 4 119 difference between the allowed commercial area within low density residential districts and medium density residential districts is only 5%,allowing the same percentage in both low and medium density residential districts will simplify the policy without much additional impact. Staff's position is that the Planning and Zoning Commission's recommendation is acceptable,and staff supports the change. The second change recommended by the Planning and Zoning Commission is to increase the amount of commercial area that may be developed prior to any residential development to a maximum of 3 acres or 50%of the total allowed commercial area, whichever is greater. That change would increase the amount of upfront commercial acreage allowed,especially for larger mixed use projects. Table below shows the impact on different size mixed use projects. Project area(acres) Maximum Commercial Area Allowed Proposed Maximum upfront Commercial (30%)in a mixed use project(acres) Area Allowed (3 acres or 50% of total commercial area allowed) 10 0 6 0 9 4.5 40 112 (W With respect to the timing issue,the Planning and Zoning Commission felt that all projects regardless of their size should be treated equally. The Planning and Zoning Commission also felt that permitting up to 50% of the total allowed commercial area to be constructed before any of the residential is constructed would encourage larger sites to be developed as mixed use projects. Staff s position is that both recommendations are acceptable,and staff supports the changes. Consistency with the Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1)of the county code,the"Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan". For a proposed amendment to be consistent with the plan,the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan which identify actions that the county will take in order to direct the community's development. As courses of action committed to by the county,policies provide the basis for all county land development related decisions,including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3 of the Future Land Use Element. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. That policy requires that at least one of four criteria be met in order to approve a comprehensive plan amendment request. Those criteria are: 5 A'f TA'0I0NT 4 120 (W • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites,and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case,the proposed comprehensive plan amendment meets Policy 14.3's first criterion. When policy 5.6 was adopted, the policy was structured to be too restrictive. In retrospect, it appears that limiting uses and restricting development timing to the extent that policy 5.6 does was an oversight. The subject amendment will correct that oversight. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason,staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis,staff determined that the request is consistent with the County's Comprehensive Plan. Companion Land Development Regulation Changes As structured,the county's comprehensive plan provides overall policy direction,while the county's land development regulations(LDRs)provide more detailed rules to implement those policies. In the case of mixed use projects in residential areas,Policy 5.6 is relatively detailed and specific. Even so, Section 915.20 of the county's land development regulations (LDRs) contains more detailed requirements for mixed use projects. If Policy 5.6 is amended as proposed,the LDRs will need to be changed to be consistent with the updated Policy 5.6. Consequently, staff will initiate an LDR amendment to modify Section 915.20 if the Board of County Commissioners agrees to transmit the subj ect comprehensive plan amendment to the state. In so doing,staff will ensure that the LDR changes will be considered by the Board of County Commissioners at its final adoption hearing for the Policy 5.6 amendment. Prior to that hearing, staff will present the companion LDR changes to the Planning and Zoning Commission for its consideration and recommendation to the Board of County Commissioners. CONCLUSION Staff s position is that amending Future Land Use Policy 5.6,as proposed,is warranted and is needed to provide mixed use PD project applicants the flexibility needed to respond to changing commercial and residential market conditions. RECOMMENDATION: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of (W County Commissioners approve the proposed comprehensive plan text amendment for transmittal to state and regional review agencies. 6 OTACHMENT 4 121 ATTACHMENTS: 1. Comprehensive Plan Text Amendment Application and Attachments 2. Proposed Policy 5.6 Text Amendment 3. Minutes from October 25, 2012 Planning and Zoning Commission Meeting 4. Transmittal Resolution Approved Agenda Item: Indian- Approved Date River Co. Admin. y 7 13 For' Legal By: - Budget 3 Dept. yy Risk FXommunity Development\Comprehensive Plan Text AmendmentsUanuary 2013 FLU element policy 5.6\StaffReports\BCC staff report for FLUE Text amendment-April 9,20I3 meeting rtf (W 7 ATTACHMENT A 122 Chairman Zimmerman opened the public hearing at m., and since no one wished to speak the public hearing wa ON MOTION Dr. Day, SECONDED BY Mr. Red , e members voted unanimously (5-0) to pprove staff's recommendation. Chairman Zimmerman read the following into the record: C. Consideration of Amendments to Land Development Regulations A7 (LDRs) Chapter 915, Planned Development, to Change Mixed Use Development Regulations to Be Consistent with the Revised Comprehensive Plan Mixed Use Policy, and to Delete an Out-of- Date Table (Appendix) in Chapter 952, Traffic [Legislative] Mr. Stan Boling, IRC Planning Director, reviewed the information contained in his memorandum dated June 4, 2013 and gave a PowerPoint presentation, which is on file in the Commission office. He concluded with staff's recommendation that the PZC recommend that the BCC adopt the proposed ordinance amending Chapters 915 and 952. Chairman Zimmerman opened the public hearing at 7:23 p.m. Mr. Joseph Paladin, President of Black Swan Consulting & Entitlements Corporation, commented he agreed with the changes and was 100% behind staff's recommendation. Chairman Zimmerman closed the public hearing at 7:24 p.m. ON MOTION BY Mr. Brognano, SECONDED BY Dr. Day, the members voted unanimously (5-0) to approve staff's recommendation. Commissioner's Matters There were none. Planning Matters Mr. Boling omed Mr. Jordan Stewart as a Member-at-Large Appointee. updated the members on planning matters that had been before the and would be heard by the BCC at its June 18, 2013 meeting. Mr. PZC/Unapproved 4 June 13,2013 F:\BCC\AII Committees\P&Z\2013—AGENDAS& MINUTES\P&Z-06-13-13.doc .ATINr f2 3 ORDINANCE 2013- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS %W TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT, BY AMENDING MIXED USE STANDARDS SECTION 915.20; PROVIDING FOR AN AMENDMENT TO CHAPTER 952, TRAFFIC, BY DELETING THE APPENDIX; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT, AND CHAPTER 952, TRAFFIC, BE AMENDED AS FOLLOWS: SECTION#1: Amend LDR Section 915.20, Mixed use standards, to read as follows: Mixed use P.D.s may be located within residentially designated areas, subject to the criteria below. Approval Process (1) Mixed use P.D.s shall be approved through the P.D. rezoning process. Development Parameters (2) The maximum project area for a mixed use P.D. in a residentially designated area shall be forty (40) acres. Mixed use projects exceeding forty (40) acres shall be designed as Traditional Neighborhood Design (TND) developments and shall comply with the requirements of section 915.21. (3) Mixed use P.D.s shall be limited to areas designated L-1, L-2, M-1, and M-2 and shall be located along SR 60, US 1, Indian River Blvd., 58th Avenue, CR 510 (west of the Indian River Lagoon), CR 512, or Oslo Road. Additionally, mixed use P.D.s in M-1 and M-2 designated areas may be located on sites that are adjacent to C/I nodes. Mix of Uses (4) To ensure that mixed use P.D.s contain an appropriate mix of residential and commercial uses, commercial uses shall be allowed to constitute no more than tweRt ( twenty-five (25) percent of a project's land area, it r 1 and T 2 designated areas and no more than twenty five (25)per-eent of a pr-ejeet's land ar- r4 1 and M 2 designated areas, except as modified below in subsection (5), where uses are vertically mixed. xvActivata 6 Bold Underline: Additions to Ordinance 1 Strike threugks Deleted Text from Existing Ordinance 124 F:\Community Development\CurDev\Ordinances\2013\2013-_915.20(mixeduses)952traffic.doc ORDINANCE 2013- (5) The vertical mixing of uses is allowed and strongly encouraged. Where residential and/or office uses are designed and located above commercial uses, the amount of commercial area may constitute up to twenty five thirty (30) percent of the project's land area : T , and T 2 designated areas and p to +>��(30) per-eent e the pfejeet's land area in M I and-Ili 2 designatedareas. (6) For purposes of these mixed use regulations, commercial area shall include buildings, parking areas, and adjacent improvements that serve commercial uses. Open space areas and common areas/improvements that are shared with residential uses, however, shall not be treated as commercial area. (7) Commercial uses allowed in mixed-use P.D.s shall be limited to lodging, institutional, office, retail (excluding gas stations and but including fuel sales), personal services, and restaurant uses. (8) Drive-up windows are permitted for banks and pharmacies or similar retail uses. Drive-up windows shall be designed to not impede pedestrian access to any buildings. Drive-thru and drive-up facilities for restaurants are not allowed in mixed use P.D.s. (9) Within mixed use P.D.s, the Floor Area Ratio (FAR) for commercial uses shall be applied to the commercial area. For the commercial area, the maximum FAR shall be (W 0.35. (10) Within mixed use P.D.s, the maximum number of allowable residential units shall be derived by applying the applicable comprehensive plan land use designation maximum density to the entire area of the project and, in addition, may include any applicable density bonuses provided in other sections of the land development regulations. (11) Within mixed use P.D.s, commercial areas may be situated internal to the project or may be located along a project's boundary, where such boundary abuts C/1- designated property or a road designated in the comprehensive plan as a collector or arterial roadway. Where commercial uses are situated adjacent to residential uses located outside the project, buffering and compatibility improvements shall be provided in accordance with subsection 915.16(2). In addition, the design of nonresidential buildings adjacent to residential uses located outside the project shall comply with the requirements of paragraph(16)below. (12) On-street parking along internal streets shall be allowed within mixed use projects. (13) All mixed use P.D.s shall be designed to include at least one (1) transit stop within the project. Bold Underline: Additions to Ordinance 2 StFflee threughi Deleted Text from Existing Ordinance ^ F:\Community Development\CurDev\Ordinances\2013\2013-_915.20(mixeduses)952traffic.doc 12 5 ORDINANCE 2013- Building Design and Setbacks (14) Within mixed use P.D.s, common architectural themes, common hardscape and signage themes, and multiple pedestrian connections shall be provided to integrate nonresidential uses with residential uses. Common architectural themes shall apply to both commercial and residential areas of the project. (15) Within mixed use P.D.s, no individual commercial building shall exceed twenty-five thousand (25,000) square feet in commercial floor area. Lodging uses are exempt from this limitation. (16) Where a nonresidential building in a mixed use P.D. is situated adjacent to residential buildings located outside the project, the nonresidential buildings shall be designed to be compatible with nearby residential buildings. The scale of such nonresidential buildings may be minimized by articulating the building's mass, using sloped roofs instead flat roofs, and/or by planting canopy trees around the building's perimeter. Perimeter buffers may be waived where residential uses within a mixed use P.D. are situated adjacent to similar residential uses located outside the project. Street Network (17) Each mixed use P.D. shall offer alternative routes and connections between destinations within the project, and to appropriate uses on adjacent sites, by designing and constructing a street network that consists of a grid or modified grid (W pattern and stub-outs or connections to adjacent sites. (18) The project shall contain a network of interconnected streets, sidewalks, and pathways. Streets shall be designed to balance pedestrian and automobile needs, to discourage high automobile speeds, to effectively and efficiently accommodate transit systems, and to distribute and diffuse traffic rather than concentrate it. Sidewalks shall be provided on both sides of project streets. (19) Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas from automobile traffic. Timing of Construction (20) In each mixed use P.D., n&-construction of no more than 3 acres or fifty (50) percent of the total commercial area allowed, whichever is greater, aoi al building are shall be peFmitted constructed until at least twenty-five (25) percent of the proposed residential development (units or lots) has been constructed pefwAfted, and no certificate of occupancy shall be issued for commercial building area exceeding 3 acres or fifty (50) percent of the total commercial area allowed, whichever is greater, unless at least twenty-five (25) percent of the total residential development has received a certificates of occupancy or certificate of completion.. Commer-eial building area :-not be ene hmdr-ed (100) per-eent bi and issued eet4if ieates of eeetipaney ul.446 1. M. le—ast fifty (50) pereent of the residential (Ord. No. 2012-021, § 1, 7-10-12) Bold Underline: Additions to Ordinance � � �LT 3 S. lee t V -�u& Deleted Text from Existing Ordinance V L 1 F:\Community Development\CurDev\Ordinances\2013\2013-_915.20(mixeduses)952traffic.doc 126 ORDINANCE 2013- (W SECTION#2: Amend LDR Chapter 952, Traffic, by deleting_in its entirety the appendix entitled "Specific Thoroughfare Plan Road Right-of-Way Table". SECTION#3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION#5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION#6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press-Journal on the day of , 2013, for a public hearing to be held on the day of , 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY (W BY: Joseph E. Flescher, Chairman Bold Underline: Additions to Ordinance ATT-Acwm 6 4 Ste.",: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2013\2013-_915.20(mixeduses)952traffic.doc 127 ORDINANCE 2013- ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY /Jim,,A "0,C- Alan Po ackw ch, Sr., County Attorney APPROVED AS TO PLANNING MATTERS Robe2rtqe-at ing, AfP,'C&om. tyDevelopment Director Bold Underline: Additions to Ordinance JiTTTACHMENT 6 5 Strilee Deleted Text from Existing Ordinance n n F:\Community Development\CurDev\Ordinances\2013\2013-_915.20(mixeduses)952traffic.doc L a If P.O. Box 1268 Vero Beach, Florida 32961 562-2315 all vrcos 31ournal COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Debbi_Vickers who on oath says that she is Manager Display Advertising of the Press Journal, a daily newspaper published in Indian River County, Florida; that 00 i 1 V i Cly t F 5t 1 j A10 -O'i njj A0 EAA vl(�V) 1vy lv s a+ -th 1'6 i tt� of !1S -75� 'Der billed to -z-Viii-1.0 R.I v ci Eli", t was published in said newspaper in the issue(s) of /1 e- Sworn to and subscribed before me this day of LQ A.D. c-DC) Y ro•a °�4,� JUDY DAVIS MY COMMISSION#EE 011437 Advertising Manager EXPIRES:July 26,2014 ","fFOc Fl " BOl W TW BUf O NdM SUVs 10111- l +3 TCPALM.COM CLASSIFIED THURSDAY,JUNE 20,2013 • SCRIPPS TREASURE COAST NEWSPAPERS • E7 d +' NOTICE OF C ':NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE 'NOTICE OF SALE NOTICE OF MEETING ADMINISTRATION REQUEST FOR BID -NOTICE OF SALE NOTICE OF SALE NOTICE OF MEETING 0 IN THE CIRCUIT sndellaw.cem According to the Plat Notice Is hereby giv- NOTICE TO ALL Deceased. 33309,and file the wwwAndian-river. INDIAN RIVER COURT OF THE thereof,Recorded in en that,pursuant to LANDOWNERS OF GENERAL originalwith the realforeclose.com. COUNTY,FLORIDA >s NINETEENTH If you are a person Plat Book 8,Page 75, Final Judgment of NORTH ST.LUCIE NOTICE INSURANCE Clerk of the Court,ANY PERSON CLAIM. C 0 N C E R N I N G C JUDICIAL CIRCUIT with a disability who Public Records of St. Foreclosure dated RIVER WATER TO CREDITORS 1)Property within 30 days after ING AN INTEREST AMENDMENTS TO LO IN AND FOR ST. n e e d s any Lucie County,Flori. December 28,2012, CONTROL DIS- The administration f 2)Inland Marine the firs[publication IN THE SURPLUS ITS LAND DEVELOP. LUCIE COUNTY, ac ommodation in de, entered in Civil Case TRICT AND ALL the estate of JAMES 3)Workers Compel. of this notice,either FROM THE SALE,IF MENT REGULA. NFLORIDA order to participate N u m b e r OTHER INTEREST- A.NOBLE,whose sation before JULY 16,2013 ANY,OTHER THAN TIONS(LDRS);PRO- CASE NO. In this proceeding,I F Y 0 U A R E A 2008CA007264,in ED PERSONS: death was July 31,4)Liabiliry r immediately THE PROPERTY VI DI N G FOR 0 562012CA003035A you are entitled, t PERSON CLAIMING the Circuit Court for NOTICE is hereby 2011,is pending in 5)Pollution/remedial thereafter,otherwise OWNER AS OF THE AMENDMENTS TO no cost to you,to the A RIGHT TO FUNDS St.Lucie County, given that the the Circuit Court for legal liability a default FLORIDA COMMUNI- provision of certain REMAINING AFTER Florida, herein Board of Supervi- Indian River County,6)Auto ry entered may be DATE OF THE LIS CHAPTER 915, r against you PENDENS MUST PLANNED DEVELOP- TY BANK,N.A.,f/k/a assistance.Please THE SALE, YOU BANK OF AMERICA, ors f the North Florida,Probate Divi- for the relief FILE A CLAIM WITH- MENT(P.D.)PRO- Q CL PREMIER AMERICAN o tact Corrie MUST FILE A CLAIM N.A.,SUCCESSOR St. Lucie River sion,the address of GROUP HEALTH demanded in the IN 60 DAYS AFTER CESS AND STAN- L BANK, N.A.,AS Johnson, ADA WITH THE CLERK OF BY MERGER TO BAC Water Control Dis- which is 2000 16th INSURANCE Complaint, T H E S A L E I N DARDS FOR DEVEL. J SUCCESSOR BY Coordinator,250 NW COURT NO LATER HOME LOANS SERV- tris[will,on June Avenue,Suite 4263,1)Fullyy insured plans This otic,shall b° ACCORDANCE WITH 0 P M E N T, B Y ^ s. MERGER WITH Country Club Drive, THAN 60 DAYS ICING LP, FKA 27,2 0 13 at 10:00 Vero Beach,Florida 2)Under 50 lives published once a SECTION 45.031, AMENDING MIXED I.L O FIRST PEOPLES Su its 217,Port St. AFTER THE SALE. IF COUNTRYWIDE a.m.in the office of 32960.The nems week for tow consec. FLORIDA STATUTES. USE STANDARDS ,t! BANK, Lucie,FL 34986, YOU FAIL TO FILE A H O M E L 0 A N 5 the District at 14666 and addresses of the Detailed specifications tive weeks in the SECTION 915.20; Plaintiff, (772)807.4370 at CLAIM,YOU WILL SERVICING LP is the Oran Avenue, personal represents- for bid nems,pro- Press Journal. Dated this 25th day of PROVIDING FOR vs. least 7 days before NOT BE ENTITLED Plaintiff, d YVES Fort Pierce,Florida, tive and the personal posal sheets,and all DATED:615/13 March,2013. AMENDMENTS TO JEFFREY M.AUSTIN, your scheduled court TO ANY REMAINING FLEURIGENE,et al., hold 06 °public hear- representative's at- necessary informs- Douglas P.Gerber CHAPTER 952,TRAF- W tel., appearance, or FUNDS. AFTER 60 are the Defendants, in y are set forth tion and Instructions J.R Smith Florida Bar No, FIC,BY DELETING �( g pursuant to the torn, U'^) = W Defendants. immediately y n DAYS,ONLY THE St.Lucie County prove siona f Sec- below. for submitting bids Clerk of the Circuit 15269 THE APPENDIX;AND vI receiving this OWNER OF RECORD Clerk of Court will lion 2 of Chapter All creditors of the are Included in this Court STANTON& BY PROVIDING FOR I� ys NOTICE OF SALE notification If the AS OF THE DATE OF sell the property situ- 28379, Laws of decedent and other package. By Is/C.Penicrew GASDICK,P.A. REPEAL OF CON- I ii /V Ly NOTICE IS HEREBY rima before the THE LIS PENDENS ated in St. Lucia Florida,Acta of persons having Questions may be di- Deputy Clerk of the 390 N.Orange FLICTING PROVI. W GIVEN pursuant to a s c h e d u I e d MAY CLAIM THE County,Florida,de- 1953 et which hear- claims or demands rested to Judy Avril Court Avenue,4260 SIONS,CODIFICA. 0 Final Judgment f appearance is less SURPLUS. scribed as: In the Board of against the dece- t the District's of-30087 NOA Orlando,Florida TION,SEVERABILI- 7s Foreclosure dated then 7 days;it you DATED at St.Lucie Supervisors or any dent's estate n [ices,between the Requests for Ascom- 32801 TY,AND EFFECTIVE W J C De camber 21,2012 are hearing or voice County,Florida,this LOT 22,BLOCK 772, other person inter- whom a copy of this hours f 7;00 AM modations by Per. Ph.(407)4235203; DATE. X U. coLy entered in Civil Case Impaired,call 711. 13 day of June,2013. OF PORT ST.LUCIE ested therein, y notice is required to and 4:00 PM,work. sons with Disabili- Fax 4254105 No. CASE NO. SECTION, EIGH- pp- and be be seed must file days,or by phone, ties.If you are a Per- Attorneys for Plaintill Said ordinance,it Z C 562012CA003035A of Publish:June 20,27 By:Amy McGrony, TEEN,ACCORDING heard and present their claims with this fax,or email request son with disability Email: adopted,will update C - the Circuit Court of 2013 Esq. T 0 T H E P L A T any protest or b- a rt WITHIN THE to: who needs s C O ^ •0 the 19th Judicial Cir-TCN2527078 Fla.Bar 4:829544 THEREOF,AS RE. factions for the L A T E R O F 3 Indian River Mosquito ommodation lin or- r Attorneys far tions consistentuia- with Li suit in and for St. CORDED IN PLAT granting or raise- MONTHS AFTER Control District der to participate in Plaintiff fixed u ompre. Z Lucie County,flori- IN THE CIRCUIT Wellman, all am.BOOK 13,AT PAGES tion of an THE TIME OF THE 565541st Street This r g,you Requests for Ascom- ransive plan policy, M W N da,wherein FLORI- g o se ch ap- p oceedin z COURT OF THE 19TH nd Reis,Ca.,L.P.A. 17,17A THROUGH plication r pplica- FIRST PUBLICATION Vero Beach,FL 32967 are entitled,at o modations by Per- including an allow- r" Z O x DA COMMUNITY JUDICIAL CIRCUIT Attorney for Plaintiff 17K,OF THE PUBLIC tions. OF THIS NOTICE OR PH:772-562.2393 cost to you,to the sons with Disabili- once for a limited E O BANK,NA, is Plain- IN AND FOR 550 W.Cypress Creek RECORDS OF ST. 30 DAYS AFTER THE FAX:772.562-9619 provision of certain ties.If you are a per. amount of up-front vitt d JEFFREY M. ST LUCIE COUNTY, Rd,Suite 550 LUCIE COUNTY,SAID Chapter 28379, DATE OF SERVICE E-mail:irmcd@ assistance.Please s with a disability commer lel develop- AUSTIN;at al.,era FLORIDA Fort Lauderdale,FL FLORIDA. Laws of Florida, OF A COPY OF THIS os E W Defendamis). 33309 [ quito2org contact ADA Coordi- who nee da any ac. ment. In addition, nt A y.. CASE NO a public ale,o the Acts of 1953 is enti- NOTICE ON THEM. By:Lroug Carlson, nator,250 NW Coum ommodation in or. an out-of-date Chap. 0. (' 562009-CA-005143 Telephone(954) 740 highest bidder,for tied; "An Act to All other creditors of Director try Club Drive,Suite der to participate in ter 952 appendix •r,L v � The Clerk of Court 5200 cash,et haps://stlu- give relief to main- the decedent and 217,Port St.Lucie, this g,you right-of-way table Tf. y L 'r+ ill $ ell to the as lied, V H Td highest bidder for PNC BANK,NATION-Facsimile(954)740- cis :00 AM,on the (evince taxes to be other persons having Pub:June 13,20, FL 3498fi,(7721807- are tilled,et o will be deleted. 9 AL ASSOCIATION 5290 at 11:00 AM,on the levied in the North claims or demands 2013 4370 at least 7 days cost to you,10 the O O eah the Jury SUCCESSOfl BY WWR 410054084 16TH day of July, S[.Lucie River We- gainst the dece- TCN2525535 before your ached- provision of certain A draft of the pro- a. Assembly Room, f MERGER TO NA- 2013. ter Control District dent's estate mut uled ca rt appear- assistance.Please posed ordinance is y the St.Lucie County TIONAL CITY BANK If you are a person in St.Lucia Caunry, file their claim with ante,or immedie[ely contact Court Admin- available at the Pian. U Z -a Courthouse,218 SUCCESSOR BY with a disability who Any person claiming Florida;to ufhor- this t WITHIN 3 uppon receiving this istration.250 NW ing Division office South 2nd Street, MERGER TO HAR. n a e d a n y e interest in the Ile the Board of Su- MONTHS AFTER'. n of ication if the Country Club Drive, located'n the cam- el Fort Pierce,Florida BOR FEDERAL SAV- accommodation in surplus from the pervisors of said THE DATE OF THE ♦-f NOTICE OF SALE time before the Suite 217,Port St. unity development n the 1 24th,day:of INGS BANK order to participate s le,if any,other District i accord FIRST PUBLICATION scheduled ppear- Lucia,FL,34986,772- division on[he first July,2013 at 11:00 Plaintiff, in this proceeding, than the property once with benefits OF THIS NOTICE. IN THE CIRCUIT less than sev- 807-4370 at least 7 floor of the Count L A.M.the following s, you are entitled,al owner as of the date received end to ALL CLAIMS NOT COURT OF THE 0°c Y described no NINETEENTH en(7)days;if you days before your Administration Com- a property VERONICA GUCH, cost to you,to the of the lis pendens levy annual malme- FILED WITHIN THE sr hearing or voice scheduled court a rrp as set forth in avid A/K/A MARTIN I Provision of certain must file a claim nance taxes at dif- TIME PERIODS SET JUDICIAL CIRCUIT im aired,call 711. e. plex Building me +'r IN AND FOR 8 peeran ce,or imine- Anyone who y C Final Judgment,to GUCH,et al. assistance.Please within 60 days after ferent reduced FORTH IN SECTION INDIAN RIVER Pu :June 13,20, dlately upon receiv- wish to appeal any wit Defendant(:). contact Corrie the cele. rates In proportion 733.702 OF THE 2013 g this notification if decision,which may = Lot 4,Block 2,GREEN Joh neon, ADA Dated:June 12,2013 to such benefits FLORIDA PROBATE COLNTCJFLORIDA TCN2524203 the time before the lee mada It this T ACRES UNIT TWO, NOTICE OF SALE Coordinator,250 NW By:/S/Sarah Steiner upon such mar I. CODE WILL BE FOR- CIVILACTION scheduled appear. meeting,will need to Q� according to the Pia[ PURSUANT TO Country Club Drive,S a r e h Sterner, net lands f the EVER BARpED. CASE NO.: IN THE CIRCUIT once is less then 7 ensure that a verbe- g�es�.e2 thereof,recorded In CHAPTER 45 Suite 217,Port St. Esquire IFBN 87595) District and for oth- NOTWITHSTANDING 312012CA001616XXX COURT OF THE aV C E Plat Book 16,Pa q purpos- THE TIME PERIODS XXX NINETEENTH days if you are hear- tim record of the pro- L 9a NOTICE IS HEREBY Lucie,FL 34986,4855 Technology er related ing sal, im- c dings i made, rr••�� 17,Public Records of given pursuant to 1772)807-4370 at Way,Suio,500 as.' SET FORTH ABOVE, JUDICIAL CIRCUIT, paired,call 711. which includes testi- \ St.Lucie County, Final Judgment f lees[7 days before Baca Paton,FL 33431 ALL CLAIMS FILED JPMORGAN CHASE IN AND FOR INDIAN Pub:June 13,20, many and vdence z (n Q O Florida. Foreclosure dated your scheduled court(727)446-4826 Board of Su TWO(2)YEARS OR BANK,NATIONAL RIVER COUNTY, To that with the Mo- r cervi- ASSOCIATION FLORIDA 2013 upon which the'p- R. April 1,2013,and en- ppearance, or emailsewice@ffapllc.c MORE AFTER THE TCN2524707 peal isbased. ,4•� L O 'i bele Home situated rated in Case No.56- immediately upon om North St.Lucie River DECEDENT'S DATE Plaintiff, CASE NO.: 'a thereon described as 2009-CA-005143 of receiving this Water Control Dis- O F DEATH I S 31-2011-CA-002837 Q� .•+ V. a 1871 p ANTHONY D.SMITH Division No.: LEGAL AUCTION Please direct plan- d the Circuit Court of notification if the If y u person trio BARRED. Sale:7/42013 ling-ralat ad qu0s- (� (n �+ JAMLI address [he 19th Judicial Cir. time bafore the with a disability who By:Patrice Kuts, That date of fire[putif. A/K/A ANTHONY JUDGE Sale am tions to the Curren[ l0 Street address:499fi suit in end for St.Lu- s c h a d u I e d n e e d e a n y Secretary-Treasurer cation of this notice SMITH,et al CYNTHIA L.COX U Q V Am Lane,F[.Parse, Defendants. (89)SUN SEEKER development section Y tie County,Florida, appearance is less accommodation in is June 13,2013. KONDAUR CAPITAL 1FDKE30GOKHA80781 et 2261237. FL 34946 wherein PNC Bank, than 7 days;if you order to participate Publish:June 20, p NOTICE OF ACTION CORPORATION, 3310:722013 E National Association are hearing or voice y this proceeding, CNN Personal 8:30 am ANYONE W H O Any person claiming successor by merger impaired,call 711. you ora entitled,et TCN2523968 Representative: Plaintiff, (01)VOLKS NEEDS A SPECIAL d s u Interest in th a to National CilyBank no cost to you,to the Shawn Noble TO: UNKNOWN s. 3VWSS29M11M05 ACCOMMODATION rplus from the successor by merger Publish:June 20,27, provision of certain 2460 Granada Avenue SPOUSE OF NANCY THOMAS F.SCOTT, 1216 FOR THIS MEETING CA sale,if any,other to Harbor Federal 2013 assistance.Please Vero Beach,FL 32960 DIMAIO-GRANTOR EIIEEN HALATYN, Fire House Gare MUST CONTACT t0 than the property Savings Bank,is the TCN2527344 contact Co rrie The#1 Attorney for Personal RESIDENT:Unknown UNKNOWN TENANT 9e CL owner as of the date plaintiff and Veroni- Johnson, ADA Re rasentative: LAST KNOWN AD- I, nd UNKNOWN BOO Louisiana Ave., THE COUNTY'S p DRESS:209 STONY TENANT II, Sebastian,FL 32958 AMERICANS WITH of the Its pendens Gush,&We Martin IN THE CIRCUIT Coordinator,250 NW Advertising Gerald fl.Pumphrey, 772.228.9660 DISABILITIES ACT r must file a claim I Guch;Martin Gush; COURT OF THE Country Club Drive, 9 Esq. POINT DRIVE,SE.Defendants. Pub:June 20,2013 (ADA)COORDINA- within 60 days after John Dae,N NINETEENTH Suite 217,Part St. Source For Florida Bar 4253014 BASTIAN,FL 32958- TCN2527495 TOR AT 2261223 AT R the sale. Henry Morlina; JUDICIAL CIRCUIT Lucia,FL 34986, Greenway 6481 NOTICE OF SALE LEAST 48 HOURS IN DATED this 21st IN AND FOR (7721 807-4370 et Recent Home Professional Cental d ADVANCE OF THE of December,20 OUN7y least 7 days bafore 4495 Military Trail- YOU ARE HEREBY Notice is hereby giv- MEETING. RIDA, Your scheduled coon Buyers 4201 NOTIFIED that an ac- en that,pursuant to NOTICE OF MEETING INDIAN RIVEfl BY: DANI ACTION ppearance, or Jupiter,FL 33458 [ion to fared ase a Final Judgment of MANDEL, CASE NO.: Immediately up n (5611622-5446 mortgage on the fol- Foreclosure entered COUNTY r fL FLORIDA BAR NO. and beat bidde 2008CA0072fi4 rete ivin this Treasure Coast 156 626 lowiing described in the above-styled NOTICE OF PUBLIC r" 328782 cash in the Ju s- notification if the Classifieds NDIAN FVERted in Coust,ofnind en Iirs it HEARING BOARD OF COUNTY Nu mphreypa@sol. COMMISSIONERS eor. Ream,lot BANK OF AMERICA, time before Al,e BY-s- �/ �4 LAW OFFICES OF Flour of the St.Lucie N.A.NA,SUCCESSOR s c h a d u I e d Pub:June 13,20, ty,of Florida: County,Florida,the NOTICE IS HEREBY Joseph E.Chairman X W O DANIEL S.MANDEL, Courtly Courthouse, BY ME LOA TO BAC ppearance less tcpalm.com classified 2013 Lot 117,SEBASTIAN Clerk of Court will GIVEN that the Chairman PA. 218 S.2nd Street, HOME LOANS SERV- thane days;If you TCN2525247 RIVER LANDING sell the property situ- Board si County N r W d A t t a r n e y a for Fort:00'a. . astern ICING LP, FKA are hearin or voice PHASE ONE,accord- ted to Indian River Commissioners f C PleintiN g ing t o the e l e t Count ° Pub:June TC 2013 52 a[11:00'a.m.Eastern COUNTRYWIDE U N T R Y W D E impaired,cell 711. p y,Florida,de- Indian River County, TCN2527139 1 9 0 0 N W . Time,on July 10, HOME LOANS SERV- thereof as recorded scribed as: Florida shall hold a Corporate Blvd.,Ste. 2013, the following ICING LP, Publish:June 20,2 7, TREASURE - Plat Book 17,Lot 8,Block 3,VERO public hearing et ` 305W described property Plaintiff, 2013 COAST REQUEST FOR BIO pages 79 through 85, ISLES,PLAT NO.3, which parties in in There's MUSIC in Bose Raton,FL 33431 set forth m aid Or- TCN2526630 Inclusive,of[he Putr according to the Plat serest and citizens Classified T I p h n e: d e r o r F i n a I YVES FLEURIGENE,at CLASSIFIED INVITATION TO BID It,Records of Indian thereof,as recorded shall have an oppor- Advertising{ •Q N 1561)8261740 Judgment to wit: I. Malin yea.sore,,soba The sourc ,,,t rely on River County,Flari- Plat Book 3,Page tuniry to be heard,in Find anything F a c s i m i I e na�ng:access.. rot Inrormalbn about Scaled bid,Will be ri, da. 95,public Records of the County Commis- from pianos C N Defendantls) regawrUse it in the furnit-snd home eived by the Indian Indian River Ccunty, 'o Che mbara gf C d (561)82617/1 LOT 9,BLOCK 3, Treawreedsl furnishings q against Florida. the Court Adminis- d m e n d e I @ dem SUNRISE Estates, RE-NOTICE OF SALE ciasslaeast tool DNistrictratCthe has been filed ry to percussion. Dom" District's offices lo- required to servers Ptroperthe'Property'). y A dress: 12 tatednatt 1i8011n 27th Treasure Coast Zat ed at 5655 41 at copy of your written Sea Horse one, Streat,Vero Beach, Classified Q Street,et 9:00 A.M., defenses,if any,to Vero Beech,Florida Florida,on Tuesday, Tuesday,August 6, this action on Phelan 32960 July 2,2013 at 9:00 meso coazt L� 2013,et which time Hallinan, PLC,a[public sale,ro the a.m.[o consider res ciassnied mares 0 F Z they will 6e opened attornes for highest and best bid. ommending adop. mrg roar e+ publi ey end read,for plaintiff,'whose der,for cash,et the tion of en ordinance; un ese`aed nems easy. L Fn porch se by the Dia- address is 2727 West hour of 10:00 o'clock entitled: cailoneof,wheroful g ypress Creek Road, a.m.on July 2,2013, Adiekeremday- Z fa trio far the followin C you'll see what ae mean p insurance: Fort Lauderdale,fL to be held on-line at AN ORDINANCE OF Q U tv UUl7 �i J o tf3 LU � r- �:. � 'LyJ:I1JSJxT VJNLiYftJl{Dy:p O4S�JJJ:IL:111 u-I4%y7' CJS'-�'JSI�'i91Y�IM1:ti+1H:J1V111 �Iny-ast;{t1/J L:JY:19J1 ,'X•77 i. ,:. J��,! T��u�� l- n s u .- !on CL ACCOUNTING1BOOK- �4 06 KEEPING _ AIR CONDITIONING CLEANING. CLOCK REPAIR -ELECTRICAL HANDYPERSON LANDSCAPING -MEDICAL PLASTERINGISTUCCO SCREENING O EO BOOKKEEPER DYNAMIC AIR CLEANING BY MARCIA CLOCKS BY HOLLIS E-A-L ELECTRIC P R O O R E SSIVE BRIAN'S LAWN CARE DENTAL JERRY RIPPLE STUCCO AA RESCREENING E p d M Q Y A/R, FREE ESTIMATES key bi 1ly m nth- Repalr&Sales No lob Too Small HANDYMAN SRVCS Personal bed Srvc MEDICAID& &Conerete.Cpm/Res Lowest Prices Guar J-rl A/P,GTL,F/s. $2,395 Replacement ly,Ca11 now for a 1445 Villagge Green Dr. Generator hook ups LLC-Home repairs, lawn malnVUearlups ECONOMY DENTURES Quality Work.40 yrs Apr,Sty FL Call elle N R aabookkeeping.blz AC SMT-To 2 free In-home quote PoK S[.Lucie ns'd 4ECi XD1796 low prices,free es. Jensen Beech to Vero Call772-569 5337 experience Lk#3192 772-608 M24 Tons TR-567-2185 772.361-/509 Ir,51 Call 772.335-2507 712.359-1166 SL7MCAR N p W OFFER]N G L!cA ins T72-3592885 SEBASTIAN 772 564-0392 IR Licensed&Insured Lic4RAt3062901R,5L,MC CLEANING L06 ms 772COASTAL iCIITdIIIDM CLEANING SERVICES CR�RI!-SPRY .� JACK'FROST A/C BY NANCY 772-249-0900 LANDSCAPE PLANTS X8.1 y PLUMBING&SOLAR Laundry,Windows 20 y s y WHOLESALE Poole I r sn sen �V. O repairs s �eas 't-1 :E.* art OutN make ra.ex.F est Lis Homo Improvements Wide-Selectlpn.3 gal ut[ alum roof. }..� A, L6 .ADULT CARE a I1YIrq twr a IdRNe• y772-28,�-1529 me sl it COMPUTER FILL DIRT - Qualky wp k Np Tab Green Island Hcua& 'MOVING 6 STORAGE PLUMBING g]z.lraozMe Td co•s ` .0 AIDVCOMPANION- m Smke Call DEBBIE'S DO-RIGHT AAA ARON-TKh Whiz .ASPHALT MIWNG too smalll L'c/Ins. Tr nette ST.50 per My,pATTON MOVING KA Enterprises Irw 3o�fiTuFR1T m `N Housekeeper,reliable CAC1815725 CLEAN 1 N G-D e- Oell,HP,A*Certlfled, Patches 8 Repairs m-633.8782 IR c toiler.Call Marc Local or Long FUII service&Repairs Screen tins,hurt. &honest 0xC refs, 771.2]690]0 p ndabl Cleaning prompt,courteous GEN.AGGIIEOATIR CERTIFIED °772-260'0377 MC Distance FL Reg Falf pricing 7 days wk shutters,reacreen'ng Speaks Engglish PSL at be Preal service IS yrs 535 on Rn 7289 stone; HANDYMAN ymary C" 772-anc5S5$75/hr CFC1426828 since 1976 772.460- a V Area 772 i67-4397 772-453-9012172 5ke771/75 7TIME 4 sand,�II,hdr�e rin4s, painting,Tiler XMwA Firs,RNarwid- 772-633-8641 IR/SLC 800330-7686 All Co's 92821772-3364560 C rCompan on EXP CLEANING"RO- JUST IN TIME E ponAAs,are loge. Pre55ure Washing, d Llc' Criminal back FESSIONALS-LIC& COMPUTER SERWCES army IrucWbeckhoa Free Est Lic&In Id seaping.ReteinlrlB around check avall BACKHOE Ins.Refs.Reasons- House Call;Repairs, 771-770-1601 072)4]5 37]1 SL Wall.,772-6465902 h bee.Excellent refs BOBCAT-.BACKHOE bl tis 772.110 &Solas L Repairs, - Al E H me lw�K •j a&Mc m-9o7-x499 Fm Rd teat Munngs zxsi n°z zz3-sa77 Best seryl ./Ins.d pepyr- a He f PAINTING PRESSURE CLEANING TILE Q fy CARING p G Gin,0 IVeways NE OETAII FANIPO Call ]]2-61?d186 homer (fns, DON TIDEY REPAINTS MAAA AFFORDABLE HEEN TILE INSTALL /T NURSE w.rl2 yrs exp 6.or�LFl/SvttlWs 24 yr exp In Seb, adamL)Itcs.net d r,,lP wl dews, Quality Guaranteed PRESSURE CLEANING TILE FLOORS,WOOD, Lr4 B B `2 Flexlbl p•»volt Dally Cell T/]-539-1222 Well ,&VB,all GARAGE ODORS doors.EtC Frcwest. LAWN CARE^ FRE4 Es�i�at¢s ��Uaalk�'Wprk etlo LAMINAIE/uE oODELS '.'157 PRIORRY PC .._ • • i .. . ,... I-iu.Luu—4ajAier ' ...,.,y� tan us ).vv.becKer Road,Port BEFORE THE BOARD OF -336-3410. Church,2700 Martin Highway, St.Lucie.New members are Coast Palm City.Age:18+,RSVP: welcome.772-621-9636; COUNTY COMMISSIONERS rvers:9 a.m.Walton 772-283-1890;pcorators. tcmrr.org. ty Center,corner of toastmasters.org. Friendly Sons and INDIAN RIVER COUNTY and Ridge Ave.,Port Sebastian River Art Club: Daughters of Ireland:7 p.m. 12:30-3 p.m.Sebastian Knights of Columbus Hall,451 ounty Model Art Center,1245 Main St., S.W.Ravenswood Lane,Port NOTICE OF COMPREHENSIVE ers:Multiple HO Sebastian.772-228-9066- St.Lucie. PLAN TEXT AMENDMENT FINAL id rolling stock; sebastianriverartclub.org. Treasure Coast NOW bers welcome.10 Indian River Model Sailing chapter of the National PUBLIC HEARING i.Martin Count Club:1-3 P.M.Hobart Park Organization for Women: Js,Bld.E,2616 y Lake,77th St.,Vero Beach. 6:30 P.M.Treasure Coast The Board of County Commissioners of Highway,Stuart. 772-581-8300;cobalt357@ Children's Services Council 300;martincounty gmail.com. of St.Lucie County,546 Indian River County, Florida, will consider oaders.org. Tops:Take Off Pounds Northwest University the approval of an amendment to the text of lar Veterans Sensibly weight-loss program. Drive,Suite 201 Port ,06:10:30 a.m. 6:30 p.m.Nazarene Church St.Lucie.561-909-9991; the comprehensive plan. A public hearing, eterans Building, (no affiliation),1200 27th Ave., TreasurecoastNOW.org. at which parties in interest and citizens shall alifornia Ave.,Port Vero Beach.$5/month. Vietnam Veterans of 72-343-9347. Vietnam Veterans of America:7-9 p.m.Port St. have an opportunity to be heard, will be Club of Vero America(VVA)Chapter Lucie Community Center, held on Tuesday July 2, 2013, at 9:00 a.m. in the County Commission Chambers of ive Planner County Administration Building A, located at 1801 27th Street, Vero Beach, Florida. h ChristianInternational Success The proposed amendment is included in Issociation: MUNDAY Express Chapter:7:30-9 Treasure Coast SCORE a.m.Tuesdays.Port St.Lucie proposed ordinance entitled: Way.11:30 spotlight Chapter 308:Business Community Center,2195 S.E. Plaza, :84 a.m. Airoso Blvd.Port St.Lucie; AN ORDINANCE OF INDIAN RIVER Plaza, .RSVP: counseling for startups and COUNTY, FLORIDA, AMENDING THE ach.$15.RSVP: existing businesses.9a.m.- SuccessExpressBNl.us. noon.SCORE Office,3220 SCORE Business Counseling: TEXT OF THE POLICY 5.6 OF THE South U.S.1,Fort Pierce.All For startups&existing business FUTURE LAND. USE ELEMENT OF ages.Register:772-489-0548; owners.9 a.m.-noon Tuesdays. essionals: treasurecoast.score.org. SCORE Office,3220 S.U.S.1, THE COUNTY'SJune ChamCOMPREHENSIVE . ruesoav SuiteFortPierce.Adults. PLAN; AND PROVIDING CODIFICATION, �Chamberr of Register:772-489-0548; ?937 W.Midway Business Networking treasurecoast.score.org. fierce. SEVERABILITY, AND EFFECTIVE DATE. $12999* $8999* The .plan amendment application may be inspected by the public at the Community LOVE SEAT z -�' 3 ROOM Development Department in County & SOFA CARPET Administration Building A, located at 1801. Thank fou CQp for making Fatherfln Sons Ml CLEANING 27th Street, Vero Beach, Florida, between the for local carpet cleaning SPECIAL I hours of 8:30 a.m.and 5:00 p.m.on weekdays. FATHER AND SONS For more information, contact ,Long Range Tile•upholstery•Carpet Cleaning "Call For Details Planning Section at (772) 226-1241. l®% Voted The Best Local Carpet Cleaner in An t Indian River County Press Journal - Anyone who may wish to 5417 Y appeal any IFamilyOwnadand Operated and Serving Indian River For Over 29Years. decision which may be made at this meeting www-carpeLl LObe�qchxom s BBBSUMOCK will need to ensure that a verbatim record ovin �-- 9 METn of the proceedings is made, which includes tory of the testimony and evidence upon which the DAVIS Florida Residents appeal is based. -6/17/04 SUMMER SPECIAL! Anyone who needs a special accommodation Jimmie, Matthew Shaw p 12 Month CD Insured & for this meeting must contact the county's I.P. Americans with Disabilities Act Coordinator Iong years Guaranteed I still love at (772) 226-1223 TDD# 772-770-5215), at iss you. Y Safety Seekers ing wife, 3. 44� ■ * Call Today least 48 hours In advance of the meeting. lara, Palm Beach Gardens Office 561-232-3724 ildren, Stuart Office 772-879-5757 Indian River County rest of your Vero Beach Office 772-494-5950 Board of Count lembers withdrawal. 1.Pro Percentage Yield.Yield and deposit amount subject to availability.penalty for early Y Commissioners withdrawal.promotional incentives included to obtain yield.Certain restrictions apply.Rates may vary depending on deposit amount.CD Location service. By: -s- Joseph E. Fleseher, Chairman lz8' 3 PUBLIC HEARING I. (W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator D AR MENT HEAD CONCURRENCE: Robert M. Keating, ICP C�ofmmuni evelopment Director FROM: Sasan Rohani,AICP Chief Long-Range Planning DATE: June 19,2013 SUBJECT: Vero Estates,LLC's Request to Amend the Text of the Future Land Use Element of the County's Comprehensive Plan It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 2, 2013. DESCRIPTION AND CONDITIONS This is a request to amend the text of the Future Land Use Element of the county's comprehensive plan. The purpose of this amendment is to revise policy 5.6 of the Future Land Use Element to modify certain policy requirements for mixed use PDs (planned developments) located in residentially designated areas. Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's Comprehensive Plan regulates the frequency with which the county may amend its comprehensive plan. According to the County's Comprehensive Plan,plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January, April, July and October. In this case, the subject application was submitted during the January 2013 window. The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review <W the request. The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment request to the Board of County Commissioners. 1 129 Following the Planning and Zoning Commission action,the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing,the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the Comprehensive Plan amendment is transmitted,state and regional review agencies will review the amendment as it pertains to each agency's focus area. Review agencies will then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues that were raised by the review agencies, a second and final Board of County Commissioners public hearing is conducted. If the Board approves the request, the approved amendment is submitted to the State Land Planning Agency and to the other review agencies that provided comments. The amendment becomes effective 31 days after the State Land Planning Agency determines that the amendment package is complete, unless a challenge is filed by an affected party. On March 14, 2013, the Planning and Zoning Commission recommended that the Board of County Commissioners approve the proposed comprehensive plantext amendment,with some changes. Subsequently,the Board of County Commissioners approved transmittal of the proposed comprehensive plan text amendment to state and regional review agencies.After review of the proposed amendment,no state or regional review agency had any objections to this comprehensive plan text amendment. This public hearing is the final step in the comprehensive plan amendment process. At this time,the Board of County Commissioners must approve or deny the proposed amendment . Proposed Amendment As proposed,the subject text amendment will revise policy 5.6 of the Future Land Use Element. The proposed revisions are shown as underlined and s4ike in attachment#2. Currently, Policy 5.6 provides an allowance for mixed use (residential and commercial uses)PDs to locate within residentially designated areas. That allowance was one of the initiatives that came from the county's last comprehensive plan evaluation and appraisal report. Incorporated within Policy 5.6 are various conditions and limitations that ensure that mixed use PDs are compatible with surrounding residential areas. Among those criteria are size restrictions,timing requirements,use limitations,design standards, connectivity requirements, and others. In this case,the applicant proposes to amend policy 5.6 to allow fuel sales within mixed use PDs. The applicant also proposes to modify Policy 5.6's current limitation that no commercial may be permitted until at least 25% of the residential portion of the mixed use project has been permitted. Instead, the applicant proposes to allow up to 2.5 acres of commercial development prior to the initiation of residential development within mixed use PD projects. In support of this application,the applicant has submitted a three page document(attachment#1). Staff supports this application and agrees with the applicant's assessment. 2 130 (W Background In June,2012,the applicant for the subject text amendment submitted a small scale land use amendment for the property at the northeast corner of CR 510 and 66th Avenue. That application proposed to change the land use designation for the subject property from L-2 (residential) to C/I (Commercial/Industrial). In its analysis of the proposed amendment, staff determined that the amendment was inconsistent with several policies of the comprehensive plan. For that reason, staff recommended that the application be denied. At its October 25, 2012 meeting, the Planning and Zoning Commission considered and voted unanimously to table the applicant's small scale land use amendment and rezoning request (see attachment#3). After the October meeting,the applicant and staff met to discuss the property. At that time, staff acknowledged that limited commercial uses would be appropriate for the site, but a new commercial node would not. With that in mind,staff indicated that the applicant could do a mixed use project on the site. To address some of the applicant's concerns, staff indicated that it could support minor changes to the comprehensive plan's mixed use policy. As a result, staff and the applicant agreed to the subject text amendment changes referenced above. If adopted, those changes will allow the applicant to develop his C.R. 510/66th Avenue property as a mixed use PD in a manor acceptable to the applicant and staff. Consequently, this text amendment replaces the applicant's previous commercial land use re-designation and rezoning request for property at the northeast corner of C.R. 510 and 66th Avenue. (W Planning and Zoning Commission Action On March 14, 2013, the Planning and Zoning Commission(PZC)voted 5 —0 to recommend that the Board approve this comprehensive plan text amendment request with the following two changes. The first change involves the percent of the total mixed use project site that can be developed with commercial uses. Currently,sites with L-1 or L-2 land use designations have a lower percentage(20%) of commercial allowances than sites designated M-1 or M-2 (25%). After considering the proposed amendment,the Planning and Zoning Commission recommended that L-1 and L-2 sites be allowed the same commercial percentage that M-1 and M-2 sites are allowed.The second change recommended by the Planning and Zoning Commission is to allow up to 3 acres or 50%of total allowed commercial area, whichever is greater,to be developed prior to construction of any residential development. Those two changes are analyzed in this report and have been incorporated into the text amendment proposal now under consideration. ANALYSIS When staff drafted Future Land use Element Policy 5.6, the mixed use policy adopted as part of the county's 2010 EAR based comprehensive plan amendments,the policy was structured to be somewhat restrictive. As such, the policy limited the allowable uses in a mixed use project, established timing requirements for permitting and constructing commercial square footage, required certain design elements, and imposed various other restrictions and limitations. 3 131 In terms of uses, mixed use projects are permitted to have uses comparable to those allowed in the neighborhood commercial (CN) zoning district. As with the CN district, the mixed use regulations prohibit gasoline service stations. Unlike the CN district, however, the county's mixed use policy prohibits fuel sales. Besides the use limitations, development timing restrictions also apply to mixed use projects. Those restrictions were structured to ensure that commercial portions of mixed use projects were not built without the residential component being constructed. Both the use and timing provisions of the mixed use regulations are the subject of this text amendment. Generally, gasoline service stations (includes repair and maintenance services) and restaurant drive- throughs are prohibited in neighborhood commercial areas. One reason for that is that those uses are car centric, while neighborhood commercial areas are more pedestrian oriented. That being said, certain car-oriented uses can function within the neighborhood environment. In fact, a fuel sales use can sometimes act as a kind of anchor tenant,drawing customers into the project and enhancing the viability of the other tenants. With such uses,however,project design is particularly important. Because of the nature of fuel sales uses, a project's design needs to buffer adjacent residential areas from fuel sales impacts,maintain project aesthetics,and mitigate potential auto/pedestrian conflicts. With a mixed use development,the project must be approved through the Planned Development(PD)process. Since the PD process gives the county more control of project design,staff's position is that fuel sales uses can be appropriate within mixed use PD projects and supports the proposed change. The other proposed amendment relates to development timing. When policy 5.6 was drafted, staff's concern was that, without a timing restriction, mixed use project developers would build the (W commercial component of the prof ect and not build the residential portion. That then would defeat the purpose of mixing uses. To address that issue, staff structured policy 5.6 to require that a certain amount of the residential portion of the project be permitted before commercial development is allowed. At the time that policy 5.6 was developed, there were several alternative ways to address'the timing issue. Although the current policy does not allow any commercial development to commence until a certain amount of residential is permitted, other options were considered when policy 5.6 was being developed. One such alternative was, like the proposed timing amendment,to allow a portion of the commercial development to proceed without any residential being permitted. In the case of the proposed amendment, up to 2.5 acres of commercial could be allowed prior to any residential being permitted. That amount of acreage allows for a typical convenience retail and fuel sales development. Any further commercial development would require that at least 25% of the residential be permitted. Staff's position is that the amendment is acceptable. Generally, the change will accomplish the objective of ensuring that proposed mixed use projects do not end up as stand alone commercial sites with no residential component. Analysis of the Planning and Zoning Commission Proposed Changes When the Planning and Zoning Commission considered the subject text amendment at its October 25, 2012 meeting, the Planning and Zoning Commission recommended two changes to policy 5.6 in addition to those changes proposed by the applicant.The first change is to revise the policy to eliminate 44W the differences between the L-1/L-2 and the M-1/M-2 land use designations with respect to the percentage of the mixed use site that is allowed to be developed with commercial uses. While the 4 132 (W current policy allows a higher percentage of commercial area within mixed use projects in medium density residential districts than in low density residential districts, the Planning and Zoning Commission recommended change would allow the percentage of commercial area within mixed use projects to be 25% for all residential land use designations (L-1, L-2, M-1, M-2), an amount which could be increased to 30%for projects that vertically mix uses. The Planning and Zoning Commission's rationale for recommending that change was that,because the difference between the allowed commercial area within low density residential districts and medium density residential districts is only 5%, allowing the same percentage in both low and medium density residential districts will simplify the policy without much additional impact. Staff s position is that the Planning and Zoning Commission's recommendation is acceptable, and staff supports the change. The second change recommended by the Planning and Zoning Commission is to increase the amount of commercial area that may be developed prior to any residential development to a maximum of 3 acres or 50% of the total allowed commercial area, whichever is greater. That change would increase the amount of upfront commercial acreage allowed, especially for larger mixed use projects. The table below shows the impact on different size mixed use projects. Project area(acres) Maximum Commercial Area Allowed Proposed Maximum upfront Commercial (30%) in a mixed use project(acres) Area Allowed (3 acres or 50% of total commercial area allowed) (W 10 0 6 0 9 4.5 0 112 16 With respect to the timing issue,the Planning and Zoning Commission felt that all projects regardless of their size should be treated equally. The Planning and Zoning Commission also felt that permitting up to 50% of the total allowed commercial area to be constructed before any of the residential is constructed would encourage larger sites to be developed as mixed use projects. Staff s position is that both recommendations are acceptable, and staff supports the changes. Consistency with the Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1)of the county code,the"Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan". For a proposed amendment to be consistent with the plan,the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan which identify actions that the county will take in order to direct the community's development. As courses of action committed to by the county,policies provide the basis for all county land development related decisions,including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of 5 133 particular applicability for this request is Policy 14.3 of the Future Land Use Element. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. That policy requires that at least one of four criteria be met in order to approve a comprehensive plan amendment request. Those criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites,and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed comprehensive plan amendment meets Policy 14.3's first criterion. When policy 5.6 was adopted, the policy was structured to be too restrictive. In retrospect, it appears that limiting uses and restricting development timing to the extent that policy 5.6 does was an oversight. The subject amendment will correct that oversight. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason,staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis,staff determined that the request is consistent with the County's Comprehensive Plan. Companion Land Development Regulation Changes As structured, the county's comprehensive plan provides overall policy direction, while the county's land development regulations(LDRs)provide more detailed rules to implement those policies. In the case of mixed use projects in residential areas,Policy 5.6 is relatively detailed and specific. Even so, Section 915.20 of the county's land development regulations (LDRs) contains more detailed requirements for mixed use projects. If Policy 5.6 is amended as proposed,the LDRs will need to be changed to be consistent with the updated Policy 5.6. Consequently,staff initiated an LDR amendment to modify Section 915.20 of the LDRs with the expectation that the LDR changes would be considered by the Board of County Commissioners at the same meeting that the Policy 5.6 amendment would be considered for adoption. On June 13,2013,staff presented the companion LDR changes to the Planning and Zoning Commission and will present those proposed changes to the Board of County Commissioners on July 2, 2013. CONCLUSION Staff's position is that amending Future Land Use Policy 5.6,as proposed,is warranted and is needed to provide mixed use PD project applicants the flexibility needed to respond to changing commercial and residential market conditions. 6 134 RECOMMENDATION: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed comprehensive plan text amendment by approving the attached ordinance. ATTACHMENTS: 1. Comprehensive Plan Text Amendment Application and Attachments 2. Proposed Policy 5.6 Text Amendment 3. Minutes from October 25, 2012 Planning and Zoning Commission Meeting 4. Minutes from March 14, 2013 Planning and Zoning Commission Meeting 5. Minutes from April 9, 2013 Board of County Commissioners Meeting 6. Ordinance Approved Agenda Item: Indian Approved Date River Co. Admin. Y �1ab For: Legal 6 By; I✓ Budget r b -9,Y-13 U Dept. f [ Risk FACommunity Development\Comprehensive Plan Text Amendments\January 2013 FLU element policy 5.6\StaffReports\BCC staffreport for FLUE CPTA- July 2,2013 final PH.rtf 135 4 APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA) �? INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment applications oly.during the months of January and July of each year. Each application must be complete-when submitted and must include all required attachments. An incomplete application NVill_not; be processed and will be returned to the applicant. Assigned Project Number: CPTA - oM126/ OSS — 7&-3 S� Current Owner/Applicant Agent Name: Vero Estates, LLC Schulke, Bittle & Stoddard, LLC Cornplete Mailing 1111 Kane Concourse, Suite 401F 1717 Indian River Blvd, Suite 201 Address: Bay Harbor Islands, FL 33154 Vero Beach, FL 32960 Phone# (including area 305-865-1923 772-770-9622 code Fax # (including area code) 305-937-0973 772-770-9496 E-Mail: emili.osuaya@gma• . m jschulke@sbsengineers.com Contact Person: Emilio Su Joseph Schulke, P.E. Signature of Owner or Agent: /AAA ,tor e'olexi ( Please attach the following item thi application. Do not ignore ani of the following items. Indicate W "N/A" if an item is not applicable. 1 . What is the proposed amendment's citation in the Comprehensive flan" Include the element or sub- element, page number. and if applicable. the objective and police number(s). see attached. 2. What is the exact language proposed to be added and/or deleted from the plan'? see attached. 3. What is the purpose of the request'? see attached. 4. What is tile.justification for the request? see attached. 5. Provide an analysis of the proposed amendment's consistencx, with all applicable goals. objectives, and policies.ofthe comprehensive plan. see attached. 6. Provide an analysis of the proposed amendment's impact on public f ciIities and services. see attached. 7. Provide an analysis of the proposed amendment's environmental impacts. see attached. 8. Provide a check, money order or cash in the amount of$2,600.00. made payable to Indian River [county. Application fee was submitted previously. THE APPLICANT MUST ATTEND A PRE-APPLICATION CONFERENCE WITH LONG- RANGE PLANNING SECTION STAFF PRIOR TO APPLYINd. a F CommumR Development\Users VICKIF FOR MS'CPTA AMEND\1P\'I r()Ri 1 doe (W 'ApT I 0 �� .136 JOSEPH W.SCHULKE,RE. SCHULKE, BITTLE & STODDARD, L.L.C. JODAH B.BITTLE,P.E. WILLIAM R STODDARD,Ph.D.,P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING January 31, 2013 Stan Boling Indian River County Planning Department 1801 271h Street, Building A -~ Vero Beach, FL 32960 Subject: Vero Estates, LLC 6480 85th Street Dear Mr. Boling: Enclosed for your review and approval, please find a completed Comprehensive Plan Text Amendment application relating to the above referenced project. If you have any questions or require additional information, please do not hesitate to contact my office. Sin �ely, JI W. Schul e, P.E. Joe Paladin Vero Estates, LLC s" (W ATTACHMENT 1717 INDIAN RIVER BLVD.,SUIT41,VERO BEACH,FLORIDA 32960 13 7 TEL 772/770-9622 FAx 772/770-9496 EMAIL info@sbsengineers.com Application Form Comprehensive Plan Text Amendment (CPTA) Indian River County Re: Vero Estates, LLC 1. What is the proposed amendment's citation in the Comprehensive Plan?Include the element or sub-element, page number, and if applicable, the objective and policy number(s). This amendment will change/add text to the Comp Plan's future land use element policy 5.6. Please see the attached draft Ordinances with applicable Comp Plan references. 2. What is the exact language proposed to be added and/or deleted from the plan? Please see the attached draft Ordinances with exact language to be added. 3. What is the purpose of the request? To add gas station and fuel sales within the commercial uses allowed in mixed use PD's and to permit a limited amount of commercial development prior to residential development in a "Mixed Use" PD. 4. What is the justification for the request? A. Gas station and fuel sales are allowed within all commercial zoning districts (CH, CG, and CL). Prohibiting this use would be inconsistent with the established/permitted uses normally permitted in commercial development. B. A "Mixed Use" PD's location is limited to areas located along SR 60, US 1, Indian River Blvd, 581h Ave, CR 510, CR 512, and Oslo Road. These are major thoroughfare roads with heavy vehicular use and should have permitted uses like gas stations and fuel sales which support the vehicular uses that occur. C. Timing is proposed to be changed to permit a limited amount of commercial development prior to residential development. This is needed to provide an economic incentive to develop a "Mixed Use" PD. 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. Goals, Obiectives and Policies - Consistency Analysis As required by the County's Comprehensive Plan, any amendment request must be analyzed on whether the change in designation is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The following analysis verifies that the proposed change is consistent with the Comprehensive Plan. Future Land Use Element Goal Land development in Indian River County will occur in an orderly and controlled manner which ensures balanced growth that optimizes the potential for economic development, provides for the efficient use of facilities and services, and ensures the protection of the county's rich and varied environmental resources. Including gas stations and fuel sales within Mixed Use PD's is consistent with these stated goals, is appropriate, and is a logical inclusion for PD's. (W - The inclusion of this use will en nce the economic development opportuniIties. it ATTACHMENT 1 - 138 Comprehensive Plan Text Amendment (CPTA) Vero Estates, LLC (W Page 2 of 3 - The inclusion of this use will make the development of the commercial "Mixed Use" more viable. Future Land Use Element Policy 3.2: Regardless of land use designation or zoning district, no development shall be approved unless it is consistent with the concurrency management system in the capital improvements element, and the levels of service established in this element and other elements of the Comprehensive Plan. The requested future land use plan amendment will not create any adverse impacts to the County's adopted levels of service. Gas station and fuel sales will not generate any more demand than other commercial uses currently permitted in the "Mixed Use" PD. Future Land Use Element Objective 4: EFFICIENT MIX OF USES TO REDUCE TRAFFIC DEMAND AND GREENHOUSE GAS EMISSIONS - By 2030, Indian River County will have a land use pattern that maintains the number of daily automobile trips per capita and the length of trips on county roadways at or within 10% of 2005 levels. Those levels were 4.53 daily automobile trips per capita and 18.94 minutes per trip. The inclusion of this use within a "Mixed Use" PD will provide additional incentives and the opportunity for new commercial development, which can provide commercial, retail and services, and new employment opportunities in close proximity to housing which will result in a decrease in vehicle trip lengths. Specifically permitting gas stations and fuel sales to be developed in another "type" of commercial project (which was previously prohibited), provides the opportunity to place and locate more of a use that directly services vehicles and will directly reduce the length of car trips in Indian River County. Future land use element Policy 4.1: Land use districts shall be located in a manner which concentrates urban uses, thereby discouraging urban sprawl. Inclusion of gas stations and fuel sales within the "Mixed Use" PD's shall provide additional incentives to develop "Mixed Use" PD's. Mixed Use PD's were permitted in Policy 5.6 with a specific purpose to minimize urban sprawl. Future Land Use Element Policy 5.6: By 2011, IRC shall adopt development regulations allowing Mixed Use PD's in residentially designated areas.... Subparagraph 6 - "Mix of uses": Gas stations and fuel sales are proposed to be added to the commercial uses allowed. The reasons are as follows: A. Gas station and fuel sales are allowed within all commercial zoning districts (CH, CG, and CL). Prohibiting this use would be inconsistent with the established/permitted uses normally permitted in commercial development. B. A "Mixed Use" PD's location,is limited to areas located along SR 60, U (W 1, Indian River Blvd, 58`h Av , CR 510, CR 512, and-Oslo Road. These a ATTACHMENT 1 139 Comprehensive Plan Text Amendment (CPTA) .Vero Estates, LLC (W Page 3 of 3 are major thoroughfare roads with heavy vehicular use and should have permitted uses like gas stations and fuel sales which support the vehicular uses that occur. Subparagraph "Timing of Construction": Timing is proposed to be changed to permit a limited amount of commercial development prior to residential development. This is needed to provide an economic incentive to develop a "Mixed Use" PD. Economic Development Element Objective 4' The County will continue to have policies, regulations, and economic development incentives in effect which encourage economic development. This amendment request will increase the incentive to develop "Mixed Use" PD's, thereby providing new business opportunity and encourage economic development. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. There is no impact anticipated to public facilities. Gas station and fuel sales will not generate any more demand than other commercial uses currently permitted in mixed use PD's. 7. Provide an analysis of the proposed amendment's environmental impacts. There are no environmental impacts anticipated. Gas station and fuel sales will not create any more environmental impact than other commercial uses currently permitted in mixed use PD's. 8. Provide a check, money order or cash in the amount of$2,600.00 made payable to Indian River County. The application fee was previously submitted. ATTArH F T 140 Revised Future Land Use Element Policy 5.6 Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing mixed use PDs in residentially-designated areas. All mixed use PDs in residentially designated areas shall meet all of the following criteria: Development Parameters 1. The maximum project area for a mixed use PD in a residential area shall be 40 acres. Mixed use projects exceeding 40 acres shall be designed as Traditional Neighborhood Design (TND) developments and shall comply with Future Land Use Element Policies 18.1, 18.2, and 18.3. 2. Mixed use PDs shall be limited to areas designated L-1, L-2, M-1, and M-2 and shall be located along SR 60, US 1, Indian River Blvd., 58th Avenue, CR 510 (west of the Indian River Lagoon), CR 512, or Oslo Road. Alternatively, mixed use PDs in M-1 and M-2 designated areas may be located on sites that are adjacent to C/I nodes. Mix of Uses 3. To ensure that mixed use PDs contain an appropriate mix of residential and commercial uses, commercial uses shall be allowed to constitute no more than 2025% of a project's land area in T 1 and T 2 designated areas and no me th W25046 of a r 4. The vertical mixing of uses is allowed and strongly encouraged. Where residential and/or office uses are designed and located above commercial uses, the amount of commercial area may constitute up to 2-530% of the project's land area in r 1 a r t designated and lin +„ 1004 „�+t,o,. ..;e..+O s 1.,n r rY � area in A f 1 and M 2 designated 5. For purposes of these mixed use regulations, commercial area shall include buildings, parking areas, and adjacent improvements that serve commercial uses. Open space areas and common areas/improvements that are shared with residential uses, however, shall not be treated as commercial area. 6. Commercial uses allowed in mixed-use PDs shall be limited to lodging, institutional, office, retail (including fuel sales), personal service, and restaurant uses. 7. Within mixed use PDs, the Floor Area Ratio (FAR) for commercial uses shall be applied to the commercial area. For the commercial area, the maximum FAR shall be 0.3 5. j. _._ 141 8. Within mixed use PDs, the maximum number of allowable residential units shall be derived by applying the applicable comprehensive plan land use designation density allowance to the entire area of the project and, in addition, may include any applicable density bonuses. 9. Within mixed use PDs, commercial areas may be internal to the project or may be located along a project's boundary, where such boundary abuts a thoroughfare road or is adjacent to C/I-designated property. Where such commercial uses would face residential uses located outside the project, buffering and compatibility improvements shall be required to mitigate any adverse impacts. 10. On-street parking shall be allowed within mixed use projects. 11. All mixed use PDs shall be designed to include a transit stop within the project. Building Design and Setbacks 12. Within mixed use PDs, common architectural themes, common hardscape and signage themes, and multiple pedestrian connections shall be required to integrate nonresidential uses with residential uses. Common architectural themes shall apply to both commercial and residential areas of the project. r 13. Within mixed use PDs, no individual commercial building shall exceed 25,000 sq. ft. in commercial floor area. Lodging uses shall be exempt from this limitation. 14. Where a nonresidential building in a mixed use PD is adjacent to residential buildings located outside the project, the nonresidential buildings shall be compatible with nearby residential buildings. The scale of such nonresidential buildings may be minimized by articulating the building's mass, using sloped roofs instead flat roofs screened by parapets, and/or by planting canopy trees around the building's foundation. For residential buildings adjacent to a mixed use PD, an existing buffer may be used to satisfy the compatibility requirement. Street Network 15. Each mixed use PD shall offer alternative routes and connections between destinations within the project and to appropriate uses on adjacent sites by designing and constructing a street network that consists of a grid or modified grid pattern that accommodates connections to appropriate uses on adjacent sites. 142 16. The project shall contain a network of interconnected streets, sidewalks, and (AW pathways. Streets shall be designed to balance pedestrian and automobile needs, to discourage high automobile speeds, to effectively and efficiently accommodate transit systems, and to distribute and diffuse traffic rather than concentrate it. 17. Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas from automobile traffic. Timing of Construction 18. In each mixed use PD, no eenunerei lGleastFueAen no more than 3 acres or 50% of the total commercial area allowed, whichever is greater, shall be constructed, pelted until at least 25% of the proposed residential development has been wed constructed, and no certificate of occupancy shall be issued for commercial area exceeding3acres or 50% of the total commercial area allowed, whichever isegrr ,ater, OeFtifieates unless at least 25% of the total residential development has received certificates of occupancy. Genuner-ei' e.,..s4ue4:.,n shall not be 11 ll�built a issued eerfifieates of eeoupane7-ufi ii a4 least 5004 e f th (W 143 ATTACHMENT _ (W Discussion ensued. Mr. Hamner uggested if an applicantriggered the ordinance as it was written today the sig ge must be changed; but five years allowed to put the new sign in place. Ms. Seyer suggest tying in the onset of the f' a year period to receiving the County's certificate of c pletion after the ren o tions had been made. Chairman Zimmerman clo d the publi earing at 7:41 p.m. 15:59:26 ON MOTION BY Chair Zimmerman, SECONDED BY Mr. Brognano, t me ers voted unanimously (7-0) to recom nd that a Board of County Commissioners accept the p posed modification with the con ' ion that if the re irement triggered that the gn be changed, a the applicant petitione this not occur at th time of the renov on, the applicant had no m e than five year to comply beginning at the time th certificate oI ompletion was issued by the County. (W Chairman Zimmerman read the following into the record: C. Vero Estates, Inc., Request for a Small Scale Comprehensive Plan Future Land Use Map Amendment to Redesignate ± 9.98 Acres From L-2 to C/I; and to Rezone those ±9.98 Acres from RM-6 to CG (2005090329) [Legislative] Mr. Robert Keating reviewed the information contained in a memorandum dated October 17, 2012 and gave a PowerPoint presentation, a copy of which is on file in the Commission Office. He concluded his presentation with staffs recommendation that the PZC deny the applicant's request. Mr. Keating stressed staff had met with the applicant and advised him the proposal was not consistent with the County's Comprehensive Plan (Comp Plan) and told him if he felt strongly about the issue he should come in to amend the policies of the Comp Plan, and if the policies were amended the Comp Plan Future Land Use Map could be changed. Chairman Zimmerman opened the public hearing at 8:21 p.m. Mr. Joseph Schulke, 1717 Indian River Boulevard, Vero Beach, representing the applicant, gave a PowerPoint presentation. Mr. Joseph Paladin, (41W PZC/Approved 4 October 25, 2011 F:\BCC\AII Committees\P&Z\2012—AGENDAS& MINUTES\P&Z-10-25-12.doc ATTA HM "T 144 President of Black Swan Consulting, representing the applicant, distributed a copy of the bullet points in the presentation, which is on file in the Commission Office. Mr. Schulke outlined the reasons he felt the proposal was consistent with the Objectives and Policies of the Comp Plan and went over what he thought the benefits of the proposed project would be for the community. Mr. Paladin related the County had approved approximately 69 townhouses to be built on the subject property; however this was not viable in today's economy and commercial retail services would make more sense in this location. Mr. Sandy Watts stated he travelled up and down the Wabasso Corridor a lot and noticed there was no retail in the area. He was in favor of the applicant's request. Mr. Eugene Douglas, President of the West Wabasso Civic League, P.O. Box 489, Wabasso, indicated there were many senior citizens in Wabasso and he was concerned about an increase in traffic at County Road (CR) #510 and 64th Avenue. He mentioned he was not averse to what was being proposed; however he wanted to be kept aware of anything that might affect the neighborhood in order to consider the pros and cons. (W Ms. Julianne Price, 2179 10th Avenue, Vero Beach, related she was not opposed to commercial; but she thought commercial with a mixed-use was the best way to go because it would be more compatible with the surrounding residential areas. Deputy Teddy Floyd, IRC Sheriffs Office, said he worked in the Wabasso community and liked the idea of new local jobs being created by the proposed project. Mr. Mike Ray, 440 Greystone Court, Vero Beach, was neither for nor against the applicant's proposal but wanted to know when the road improvements to CR #510 would be initiated by the County. He noted if the road was widened it would likely create 2,500 to 3,000 jobs; and he thought it made more sense to get that infrastructure in place so projects such as this could be built. Mr. Paladin commented it made no sense to build the proposed project only to have the road in front of it torn up for widening. He mentioned he was in negotiations with the County to ensure that roadwork would be completed at the same time the proposed stores were completed, which would be two to three (W years. PZC/Approved 5 October 25,2012 F:\BCC\AII Committees\P&Z\2012—AGENDAS& MINUTES\P&Z-10-25-12.doc 145 (W Chairman Zimmerman observed this application would look far better to the PZC if CR #510 was a four-lane road and if the intersection at U.S. #1 was complete. Mr. Ken Brennan thought it was important to think outside the box and felt it was time to do innovative things in the area. Mr. Michael Abt, 6780 85th Street, stated his property was directly to the west of the subject site. He noted about ten years ago the County had denied his request to rezone his property to commercial and told him he would better off annexing to the City of Sebastian and asking them. He asserted if tonight's request got approved he would start an application to put a commercial strip mall on his property because the node would only be going across the street. Mr. Abt related he was told by County staff ten years ago there would never be commercial property in that area and he had sold right-of-way to the County at agricultural land prices. He emphasized had he thought there was any chance of it being changed to commercial zoning he would never have sold the parcel because it would be much more valuable than what he sold it for. Ms. Taffy Abt, 6780 85th Street, indicated she would not be totally opposed to what the applicant was proposing but would want to know more about it. She observed there was good potential for such a proposal, adding she and her (W husband owned 35 acres across the street and would be interested in looking at new opportunities. Ms. Tammy Vogel, 7375 85th Street, asked how much frontage on CR #510 was commercially zoned west of the Liberty Park project because she had property fronting CR #510 and wanted to know how much commercial would be allowed in the area. Mr. Boling estimated there was approximately 1,000 feet of commercially zoned property on CR #510 and was mostly concentrated up in the northeast corner of the proposed Liberty Park project, well to the east of her property. Discussion followed. Mr. Andrew Kennedy, 2050 U.S. Highway #1, advised the Liberty Park project was approved in 2008 and had a sunset provision until 2025, and it was presently in the monitoring mode. Mr. Mike Garofolo, 5550 42nd Terrace, said he was in favor of the proposal. (W PZC/Approved 6 October 25,2012 F:\BCCWII Committees\P&Z\2012—AGENDAS & MINUTES\P&Z-10-25-12.doc 146 (W Mr. Paladin summarized if this came to fruition he foresaw a service retail center to service the area and would share plans with the community before anything was decided. Chairman Zimmerman closed the public hearing at 9:33 p.m. Mr. Hamner thought the situation with the widening of CR #510 needed to be straightened out before any redevelopment could happen in this area of the County. Mr. Keating advised there was no impact fee money left and the CR #510 project was still in years four and five of Capital Improvements Element. Mr. Brognano did not see any reason why this proposal should not be seriously considered because there would be a minimum of a 100 foot easement between the project and the community behind it, and he felt it mirrored a mixed- use project. Mr. Keating pointed out there had never been an extension of a node that was non-contiguous and this was the creation of a new node. He explained Liberty Park was not a node that could be expanded on and the applicant needed to change Policy 1.25 of the Comp Plan if he wanted to do this project. Mr. Keating stated if Mr. Paladin had applied for a text amendment to the Comp Plan when he had originally talked about this with staff, he would be well on his way. He noted a specific policy change could be made for the Wabasso Corridor, and felt this may very well pass in light of today's economy. Discussion ensued. 18:02:53 ON MOTION BY Mr. Brognano to approve the applicant's proposed land use amendment and rezoning request. The motion died for lack of a second. Mr. Emmons opined if this was approved it would be an arbitrary decision and while he wished the applicant success, the reality was the County needed rules. He felt modification of Policy 1.25 would be the best course in this situation. PZC/Approved 7 October 25,2012 F:\BCCWII Committees\P&Z\2012—AGENDAS & MINUTES\P&Z-10-25-12.doc 147 18:04:17 ON MOTION BY Mr. Tripson to approve staff's recommendation for denial of the proposed land use amendment and rezoning request and forward it to the Board of County Commissioners. The motion died for lack of a second. Chairman Zimmerman noted the members seemed to have reservations about the request and wondered if Mr. Paladin would like to try and work with IRC staff on this matter. Mr. Paladin asked for his request to be tabled in order for him to work with IRC staff on this issue. 18:09:21 ON MOTION BY Mr. Brognano, SECONDED BY Mr. Tripson, the members voted unanimously (7-0) to table the applicant's land use amendment and rezoning request. CommissionWe Matters There were no Planning Matters Mr. Boling dvised sta anticipated PZC meetings would be held next month on Nove ber 8 and on D cember 13, 2012. Attorne 's afters T re were none. Adio rnment There being no further business, the meeting a 'ourned at 10:05 p.m. (W PZC/Approved 8 October 25, 2012 F:\BCCWII Committees\P&Z\2012—AGENDAS & MINUTESTUA0-25-12.doc 148 Mr. Joseph Sc Ike, representing the applicant, ame forth saying he concurred with staff's rep and was available to ans any questions. • Vice-Chairman Hamner o ned the pu ' hearing at 7:08 p.m., and since no one wished to speak the public aring as closed. ON MOTION BY Mr. o ano, SECONDED BY Dr. Day, the member vote unanimously (5-0) to approve staff's commendat n that the Board of County Com issioners appro the applicant's request to ezone the subject pro rty from CH to CL. Vice-Cha' an Hamner read the following into the record: B. Vero Estates, LLC's Request to Amend the Text of the Future Land Element of the County's Comprehensive Plan (2013010082-70358) [Legislative] Mr. Sasan Rohani, IRC Chief of Long-Range Planning, reviewed the information contained in his memorandum dated March 6, 2013 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He recapped that on October 25, 2012 the applicant had been before the PZC requesting a small scale land use amendment and rezoning request, and the members had voted unanimously to table his request. He indicated staff had acknowledged a limited amount of neighborhood commercial was appropriate for the site; but to change the whole site to the new commercial node was not. Mr. Rohani related staff and the applicant had met to discuss options to develop the subject property and staff had agreed the property could be developed as a mixed use planned development (PD) and an alternative to current policy 5.6 limitations would be to allow up to 2.5 acres of commercial development to proceed without any residential units being permitted. He added any further commercial development would require at least 25% of the residential units to be permitted, which staff felt would accomplish the objective of ensuring that proposed mixed use projects did not end up as stand- alone commercial sites with no residential component. He concluded his presentation with staff's recommendation that the PZC recommend that the BCC approve the proposed comprehensive plan text amendment for transmittal to state and regional reviewing agencies. PZC/Approved 3 � P March 14, 2013 F:\BCC\All Committees\P&Z\2013—AGENDAS& MI Z-03-14-13.doc 149 Dr. Day noted Mr. Rohani had stated policy 5.6 was structured to be somewhat restrictive and he assumed it was purposely done so. He wondered what had changed between when the policy was first structured and the present time. Mr. Bob Keating, IRC Community Development Director, did not think there had been any change; however the policy was structured to be the very strictest and when a real project came in and staff looked at it they could see some opportunity for changes. Vice-Chairman Hamner felt 2.5 acres was fairly restrictive and thought five acres was probably more realistic for this site. Mr. Joseph Paladin, representing the applicant, said he supported the changes as proposed today but added he would like the members to consider extending the 2.5 acres to three acres. Mr. Keating said he had no objection to three acres. Vice-Chairman Hamner opened the public hearing at 7:23 p.m. Attorney Bruce Barkett indicated he supported the application. He related (• he represented two property owners of 27 and 37 acre parcels respectively, and while he allowed 2.5 acres was something he would like to see it increased to five acres, or possibly 25%, especially for the larger sites. Attorney DeBraal inquired why the allowable figure was 2.5 acres versus 25% of the total. He pointed 2.5 acres would be one half of a five acre parcel and if person had a larger parcel, perhaps more should be allowed. Mr. Stan Boling, IRC Planning Director, said it was staffs intent to allow a developer to put in convenience-type retail store that might be equivalent to an out parcel or two when a larger development was to be done later on. He pointed out the idea was not to allow all the commercial development to be built up front but at least allow the applicant to obtain some cash flow if commercial was what was demanded by the market at that point in time. Discussion followed. Chairman Hamner closed the public hearing at 7:30 p.m. PZC/Approved 4 March 14, 2013 F:\BCC\AII Committees\P&Z\2013—AGENDAS & MINUTES\P&Z-03-14-13.doc 150 ON MOTION BY Dr. Day, SECONDED BY Mr. Rednour, to accept staff's recommendation with the modification of putting L-1, L-2, M-1 and M-2 together and using 30% as the base minimum. UNDER DISCUSSION Vice-Chairman Hamner related he personally felt there should be a bigger proportion allowed on projects with more acreage. He inquired if the motion meant the owner of a 30-acre parcel would be allowed nine acres if 30% was allowed, or would he only be able to develop three acres of the nine acres. Mr. Keating clarified only three acres would be allowed until some residential was put in, because staff felt that was the meaning of mixed use. Vice-Chairman Hamner suggested if we had the 30% three acre minimum, could we not say "or up to 50% of the designated amount" at the same time, which would cover both small and large parcels and mean in the case of nine acres, a person could go to 4.5 acres. Mr. Keating recommended staying with the three acres as proposed by staff. Mr. Brognano proposed adding "or 50% of the designated amount" to Dr. Day's motion. Attorney DeBraal noted there was a motion on the floor and both Dr. Day and Mr. Rednour would have to accept the amendment to the motion. Discussion ensued. ON AMENDED MOTION BY Dr. Day, AMENDED SECOND BY Mr. Rednour, the members voted unanimously (5-0) to accept staff's recommendation to recommend the Board of County Commissioners approve the proposed comprehensive plan text amendment for transmittal to state and regional reviewing agencies with the modification of putting L-1, L-2, M-1 and M-2 together and using 30% as the base minimum; and allowing three acres or 50% of the total commercial acreage allowed, which is limited to 30% of the total project; whichever is greater. PZC/Approved 5 March 14,2013 F:\BCC\All CommitteesTU\2013—AGENDAS& MINUTES\P&Z-03-14-13.doc 151 ON MOTION Commissioner So SECONDED by Chairman Flescher, th d unanimously approved Resolution 2013-027 mending fiscal year 2012-2013 budget. 9. CONSTITUT NAL OFFICERS AND GOVERNMENTAL AGENCI - NONE 10. PUBLIC ITEMS 10.A. PUBLICHEARING(S) 10.A.1. VERO ESTATES,LLC'S REoUEST TO AMEND THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating, using a PowerPoint presentation(on file),provided background, description,and analysis regarding Vero Estates, LLC's request to revise the text of Policy 5.6 of the Future Land Use Element of the County's Comprehensive Plan, for mixed use (residential and commercial uses)planned developments located in residentially designated areas. In addition to the proposed Amendment,the applicant requested the policy be changed to allow up to 2.5 acres of commercial property, located at the northeast corner of CR 510 and 661h Avenue, to be developed in a mixed use planned development before residential development is constructed. He elaborated on the Planning and Zoning • Commission's request for additional changes to Policy 5.6, expressed staff's support of the changes, and recommended that the Board approve the proposed Comprehensive Plan Text Amendment(CPTA) for transmittal to State and regional reviewing agencies. • April 9, 2013 4 ATTACHMENT 5 152 Commissioners commented on the timingissue of residential development, stand alone p , commercial, and the usable square footage for stormwater retention. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, sought and received information from staff regarding Policy 5.6. He did not supporr the change and recommended tabling this item. Joseph Paladin,Black Swan Consulting, representing the applicant, explained why he supported the text amendment changes and how it would be economically beneficial to the community and the County. He said the changes would allow=for the development of property located at the northeast corner of CR 510 and 66`h Avenue as a mixed use planned development, instead of the previously requested commercial land use re-designation and rezoning request. Fred Mensing, 7580 129 ' Street,Roseland, wanted the Board to look at the big picture and give this serious consideration. Bill Rigby, 8465 59th Avenue, sought and received information from Mr. Paladin • pertaining to whether the project was taken to the citizens of Wabasso, or the Progressive Civic League. There being no other speakers,the Chairman closed the Public Hearing. ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-028, approving the transmittal of a proposed Indian River County Comprehensive Plan Text Amendment to State and Regional Review Agencies. April 9, 2013 5 153 ORDINANCE NO. 2012- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY,AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990;and WHEREAS, the County received Comprehensive Plan amendment applications during its January 2013 amendment submittal window; and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on March 14, 2013,after due public notice; and WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners transmit the comprehensive plan amendment listed below to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on April 9,2013 after due public notice, and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners announced at the transmittal public'hearing its intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies; and WHEREAS, State and Regional review agencies had no objections to this amendment; and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on July 2,2013,after due public notice. NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida,that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit the adopted Le amendment to State and Regional review agencies. 1 MACHMENT 6 154 ORDINANCE NO. 2012- SECTION 2. Amendment to the Comprehensive Plan REVISIONS TO POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN AS SHOWN IN THE APPENDIX A. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severabilitv It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date (W The effective date of this ordinance and, therefore, this plan amendment shall be 31 days after the State Land Planning Agency determines that the amendment package is complete, unless a petition is filed by an affected party. This ordinance was advertised in the Press-Journal on the day of , 2013, for a public hearing to be held on the 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Peter D. O'Bryan, Commissioner Tim Zorc, Commissioner Bob Solari, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher,Chairman 2 155 ORDINANCE NO. 2012- ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LE L SUFFICIENCY William K. DeBraal,Deputy County Attorney APPR VED AS TO PLANNING MATTERS Robert M. Keating, A CP; ommun' Development Director F:\Community Develo ment\Com rehensive Plan Text P P AmendmentsUanuary 2013 FLU element policy 5.6\Ordinances and Resolutions\Comp Plan Text Amendment Adoption Ordinance July 2,2013.doc 3 156 Appendix A Revised Future Land Use Element Policy 5.6 Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing mixed use PDs in residentially-designated areas. All mixed use PDs in residentially designated areas shall meet all of the following criteria: Development Parameters 1. The maximum project area for a mixed use PD in a residential area shall be 40 acres. Mixed use projects exceeding 40 acres shall be designed as Traditional Neighborhood Design (TND) developments and shall comply with Future Land Use Element Policies 18.1, 18.2, and 18.3. 2. Mixed use PDs shall be limited to areas designated L-1, L-2, M-1, and M-2 and shall be located along SR 60, US 1, Indian River Blvd., 58`1 Avenue, CR 510 (west of the Indian River Lagoon), CR 512, or Oslo Road. Alternatively, mixed use PDs in M-1 and M-2 designated areas may be located on sites that are adjacent to C/I nodes. Mix of Uses 3. To ensure that mixed use PDs contain an appropriate mix of residential and commercial uses, commercial uses shall be allowed to constitute no more than 2825% of a project's land area in L 1-gid r 2 designated afeas and sh_qW2 5-074 of a projeet's land area in M 1 and M 2 designated areas. 4. The vertical mixing of uses is allowed and strongly encouraged. Where residential and/or office uses are designed and located above commercial uses, the amount of commercial area may constitute up to 2-530% of the project's land area in L I and-L 2 designated areas and up to 3004 of the p eje is land af-ea in N4 , and Na 2 designated 5. For purposes of these mixed use regulations, commercial area shall include buildings, parking areas, and adjacent improvements that serve commercial uses. Open space areas and common areas/improvements that are shared with residential uses, however, shall not be treated as commercial area. 6. Commercial uses allowed in mixed-use PDs shall be limited to lodging, institutional, office, retail (including fuel sales), personal service, and restaurant uses. 7. Within mixed use PDs, the Floor Area Ratio (FAR) for commercial uses shall be applied to the commercial area. For the commercial area, the maximum (bw FAR shall be 0.35. 157 8. Within mixed use PDs, the maximum number of allowable residential units tw shall be derived by applying the applicable comprehensive plan land use designation density allowance to the entire area of the project and, in addition, may include any applicable density bonuses. 9. Within mixed use PDs, commercial areas may be internal to the project or may be located along a project's boundary, where such boundary abuts a thoroughfare road or is adjacent to C/1-designated property. Where such commercial uses would face residential uses located outside the project, buffering and compatibility improvements shall be required to mitigate any adverse impacts. 10. On-street parking shall be allowed within mixed use projects. 11. All mixed use PDs shall be designed to include a transit stop within the project. Building Design and Setbacks 12. Within mixed use PDs, common architectural themes, common hardscape and signage themes, and multiple pedestrian connections shall be required to integrate nonresidential uses with residential uses. Common architectural themes shall apply to both commercial and residential areas of the project. �r 13. Within mixed use PDs, no individual commercial building shall exceed 25,000 sq. ft. in commercial floor area. Lodging uses shall be exempt from this limitation. 14. Where a nonresidential building in a mixed use PD is adjacent to residential buildings located outside the project, the nonresidential buildings shall be compatible with nearby residential buildings. The scale of such nonresidential buildings may be minimized by articulating the building's mass, using sloped roofs instead flat roofs screened by parapets, and/or by planting canopy trees around the building's foundation. For residential buildings adjacent to a mixed use PD, an existing buffer may be used to satisfy the compatibility requirement. Street Network 15. Each mixed use PD shall offer alternative routes and connections between destinations within the project and to appropriate uses on adjacent sites by designing and constructing a street network that consists of a grid or modified grid pattern that accommodates connections to appropriate uses on adjacent sites. 158 16. The project shall contain a network of interconnected streets, sidewalks, and pathways. Streets shall be designed to balance pedestrian and automobile needs, to discourage high automobile speeds, to effectively and efficiently accommodate transit systems, and to distribute and diffuse traffic rather than concentrate it. 17. Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas from automobile traffic. Timing of Construction 18. In each mixed use PD, W eanstnaetien no more than 3 acres or 50% of the total commercial area allowed, whichever is greater, shall be constructed, permitted until at least 25% of the proposed residential development has been permitted constructed, and no eeRunereial eens# efie certificate of occupancy shall be issued for commercial area exceeding 3 acres or 50% of the total commercial area allowed, whichever isegr ater, ^^-� of eeoupaney unless at least 25% of the total residential development has received certificates of occupancy. Ga al eenstrue4ien shall ne 0 built and issued eei4ifieates ef eeeupaney until at least 50-1,/o 159 fo. A. 2. Board of County Commissioners July 2, 2013 Comprehensive Plan Text Amendment FLUE Policy 5.6 and LDR Amendment Chapters 915 and 952 Comprehensive Plan Amendment Process Application Submitted to Community Development Department Public Hearing before Planni d Zoning Commission Transmittal public hearing be ore Board of County Commissi rs Application transmitted to State and Regional Review Agencies I591A State and Regional Review Agencies send their Comments to the County and to the State Land Planning Agency Board of County Commissioners holds final public hearing Adopted amendment is transmitted to State and Regional Review Agencies and State Land Planning Agency �Sq.Z.A Purpose Amend Future Land Use Element Policy 5.6 to change: use requirements and timing requirements Amend LDRs for Consistency and to delete an obsolete ROW table Background . June, 2012: applicant requested a land use amendment at the NE corner of CR 510 and 66th Avenue from L-2 to C/I . Staff determined that the amendment was inconsistent with the comprehensive plan and recommended that the i application be denied is4. +A _ B44"kround • October 25, 2012: PZC voted to table the applicant's request • Then applicant and staff met. Staff indicated that : • limited commercial uses would be appropriate for the site, but a new commercial node would not ® applicant could do a mixed use PD project ® Staff would support minor changes to the mixed use policy 5.6 of the FLUE t59.SA Policy 5.6 Background To allow development of mixed use PDs in residentially designated areas . developed during the 2008 Evaluation and Appraisal Report (EAR) process. . adopted in 2010, part of EAR based comprehensive plan amendments Future Land Use Element Policy 5.6 Use Limitations • Contains requirements for mixed use PDs in residentially designated areas along major roadways • Policy not a site specific • Commercial uses limited to: lodging, institutions, office, retail, personal service, and restaurant uses Applicant proposes to specifically include fuel sales use as an allowed use I� 9.7A Future Land Use Element Policy 5.6 Timing Requirements . Prohibits commercial development in a mixed use PD project until at least 25% of the residential development constructed The applicant proposes to allow up to 2.5 acres commercial development prior to residential development Analysis of the proposed fuel sales use amendment . Fuel sales uses can act as an anchor tenant, drawing customers into the project and enhancing the viability of the other tenants . Project design is important buffer, project aesthetics, and mitigate potential auto/pedestrian conflicts Staff's position is that fuel sales uses can be appropriate within mixed use projects and � supports the proposed change 159. 9Pc Analysis of the proposed timing change amendment Several alternative ways to address the timing issue: . No commercial development until a certain amount of residential is constructed . Another option: allow a portion of the commercial development to proceed prior to residential being constructed 159• �� Analysis of the proposed timing change amendment . Limited amount of commercial prior to any residential being permitted . Any further commercial development would require 25% of the residential be permitted Staff's position is that the amendment is � acceptable i 59 .aa Past Action On March 14, 2013, PZC recommended approval with two additional changes On April 9,2013, BCC approved transmittal to state and regional review agencies • no state or regional review agencies objections • PZC recommended approval of LDR amendment on June 13, 2013 1593a PZC Recommendation PZC recommended approval with changes: • allow the same % of commercial area in all residential districts • allow up to 3 acres or 500/b of total commercial area allowed, whichever is greater, prior to residential development Staff supports these changes I54 .H� Proposed Upfront Commercial Area Project area Max. Commercial Max. Proposed (acres) Area Allowed in a upfront Comm. mixed used project Allowed (30%) (acres) (acres) 10 3 3 20 6 3 30 9 4.5 40 12 6 15951� � Consistency with the Comprehensive Plan . Reviewed proposed amendment with � respect to all policies in comprehensive plan . Found proposed amendment consistent. -- -- - ---- -- Companion Land Development Regulation Changes ■ Staff initiated an LDR. amendment to Section 915 . 20 of the county's LDRs, . Companion LDR changes presented to the PZC which recommended approval . Companion LDR changes implement Policy S . 6 changes . LDR changes also involve deleting obsolete ROW table in Chapter 952 Recommendation Staff and the PZC recommend that the Board of County Commissioners approve the request to amend policy 5.6 of the FLUE by approving the attached ordinance and approve the request to amend Chapter 91.5 and Chapter 952 of the LDRs by approving the attached ordinance Q OFT Mw SCRIPPS TREASURE COAST IO.A• �� « ►' "� NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CID PLANNING 2527139 6/20/2013 PUBLIC HEARING 7-2-13 MIXED USE NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Sworn Wqnd subscribed b ore me this day of, June 20, 2013, by who is Sherri Cipriani [X] y X personally known to me or ORIGINAL [ ] who has duced as identification. Mary T. Byrne Notary Public •,,��a,���,,,,y MARY T BYRNE s s Notary Pubk-Stet o of FWWA s My Comm.Expires Aug 2. 2014 • Commission EE 7134 'd q•F,C- ���•``,, TCPALAI.COM CLASSIFIED THURSDAY,JUNE 20,2013 •SCRIPPS TREASURE COAST NEWSPAPERS •E7 10J\3 C !NOTICE OF C NOIICEOFSALE NOTICEOFSALE NOTICE OF SALE NOTICE OF SINE. NOTICEOFMEEFING"ADWHISTMTION .REQUEST FOR MD NOTICE OF STILE NOTICE OF SAUP NOTICE OF MEETING C IN THE CIRCUIT•dall.w.mm Acoordi.p u N.Rn Notice la hereby DIN- NOTICE TO ALL Dec•M•d' 33308,and til•1M w w'den-r ver. I NOIAN RIVER O COURT OF THE helves,Rewrdd In en hn,punuanl'o IANDDWNER$OF GENERAL nq In al with tM1e Nforecbu.wm. COUNTY FLORIDA >, NINETEENTH II Rn Book B.Ppe]5, Flnal Judpmant of NORTH ST.LUCIE NOTICE INSURANCE Clerk 01 the Court,qNY PERSON EAIM- C 0 N C F R N SIN G C JUN GRGIR w1y'hue d,111 who Puxk Reveres of St. fare<losu re doted RIVER WATER TO CREDITORS 11 RaPoM wiNin 30 d.y1 eM1ar. TNG AN INTEREST AMENDMENTS TO LN IN AND FORUff n ,d. n y Lucia County.Fled. December 2B,2M2, CONTRq.DIS The e0minlmation of 2)stood Madras 1M1a lira publkNlen IN THE SURPLUS ITS AND OEVELOP- L AND FOR V,Ice mmodet ion in da Cored In Civil C12, Tohn"OsD ALL he estate of JAMES 3)Workers ComD..- f thlf nano,NNx FROM THE SALE,IF MENT REG ULA m FLORIDA ormr to particiDxa N u b s r OTHER INTEREST- A.NOBLE,whoa. ettnn Mlon JULY 16,M13 ANY,OTHER THAN TIONS ILDRSI:P10- O 562012 GLC SOL03 A yo°harapentitl dire,I f Y O CLAIMING 20 GCA 07264,CiIh l°r NOTICEEis�eseby 2011 if ayye Jtlinp3ln 5) I FOR Vol�°nlramedial ther°ehs eotnersviae OWNER q5 OF THE AMENDis THE PROPERT VIDI MENTS TO CL wyw,r...ARIGHT TO FUNDS St.Lucie County, YYlvan th.1V the he tircuh°Coun for lapy llNbilxy a^eelJxapa netyyou PENDEDATE ONS MUF THE ST PLANNED DEVELOPS CHAPTER 9 . 7 PTY RfiANKLNA.fhls s„1ltlfncer othill" TH EASAILE AFTER BAN1KdOF AMERICA, .o nr of the Norrth Fbride,xRobee Di1-1 n-61pnO Torr Ili rellel FILE A Cl-AM WITH VENT(P.D.)PRO. Q 0. PREMIER AMERICAN o tact Corrie MUST FILE A CLAIM N.A.,SUCCESSOR St.Lucia River •fon,the addn•f of GROUP HEALTH d.mendl4 tM1a IN 60 DAYS AFTER CESS AND STAN- ` BANK N.A..AS J°A n•o n,ADA WITH THE CLERK a BY MERGER TO SAC Wster Cennol Dih huh is 2000 16tH IVNvSUMNLE ComplNm, THE S ALE IN CARDS FOR OEVEL. SUCCESSOR BY CaominNor,250 NW COURT NO LATER HOME LOANS SEB- trill will,an Jun. Avenue,Suit Flc?Ee Z�UIL 501Nr am T111111J 610 n[e11 be SEC T IIDNN 45.031I! AMENDINGTMI%EO J MEflGEfl WITH Country Club Drive,THAN 60 DAYS ICING LP,FKA 2)2013 et 10:00 Vero Bach, w Q FIRST PEOPLES S. 3l],Pon St.gFTEfl THE SALE IF COU NTflYWIOE a. .In the oXiu°I 32960.Tna Hams. west for tow unaec FIORIM STANTEs. USE STA NDARDS I.6.1 BANK, Luci,,FL 31880, YOU FAR TO FILE A HOME L 0 A N 5 Na Dlwln N 11668 •rad addrevan N the Dete11 appeeciflcnlonf a ween In the SECTION 915,20; y M RaIdX, 1])21 807.4370 et CLAIM,YOU WILL SEBICING 0I.the 0t.nge Avenue, Deraun•1 reDrevanta- for bid 11em.,pro- Prat Journd. Wrd, 25th dry of PROVIDING FOR •CJ leen 7 tlry•before NOT BE ENTITLED PleintiH,end YVES Fen 're..Flwles, We and Ns,hes. no"'"Cleyw,wd all DATED.6L,3 Visit,2013. AMENDMENTS TO Q JEFFREY M.AUSTIN,your acMdul4 coon TO ANY REMAINING FLEURIGENE,N al., Hold•pudic nor- rsprewnntivi Foleth ion udrinlnlotlona JA Smxh o`Flol,Ma se;N.r FIC BY DE LE IN N, eDmeer+nce,Vor FUNDS. AFTER 60 re he Dehndan'a, Ing Durwwt to Ne Were sn I/W6 0\� = W ONeden.. m<°J I.I*"thP" OWNER OF RELT. OflO Clerk of Ccurtu I i,' Pl.on 2 el CFe pier All lod',o .1 the iV<r in I.d.d Is 1p info Cleh Nthe CC.un STANTONA BYEPA. C,.G FOO ,� �• NOTICE OF SALE nriri Is, if he AS OF THE pgTE OF aNI Ne propxtyuotie FRorldi�As•o1 Df d ec�.ontrd a nev Hep OueMk lam mry be tlij Deputy G°rk of Ne 390 N.rehe CO°npa FLICTIING PROF OVI Y. NOTICE IS HEREBY tlm.b,lore 11, THE LIS PENDENS at°d in St.lL W U pin Jud9mmnre'of appaaranceui.leu SURF US AIM THE Culb ty.aKl,rida,de- In93me Bloerdx of Jl,,nv'Jhe d• clohe Oietrai'•of 30081 NOA Cort O/anEeu FIND TIONSSEc1lellIiLI- Q0 T Forscloaur,Erred Nen 1 day,.'I oou DATED a St.Lu[ie eetltl Supervlaora o anY tlent•suets on Ilce•,between the Re Qu°na for Auom- 33801 TY,AND EFFECTIVE W December 21,2012 era nwrinp v u County,Flerldl,Chi.LOT 22,BLOCK n2, eh' person Inter- res lw If epuild w r this hod 4:00 Pur.of M work-AM u ddltllo iblll- �'Iw)u 115IO RITE. X J feted In GvA Cao imp•it-, 1. 3 dry°I June,2013. OF PORT ST.LUCIE °Had herein, y n w 1L m No.CASE NO. SECTION,EIGH- pDear and be bev ed file my,ar by phone.ne•.1N[ou.reap- gnorneye Air PleintiX Seid odinencs,lf _ C 5622G003035A of PubII1h:Jum 30,2] By:Amy Noticed, TEEN,ACCORDING be.. and prevent be I dales.whn hit 1•x,or emnl,wuan e n wi M1 elteb111C Emwl: IIIillwill update \ = his,12CJ0 Co..of 20,3 Ep.T O THE PLAT tie yy D- r WITHIN THE t ohT n d,h% Y•- r 1@pP.Irela 1 d fe rpula- t� ^ the @nJudiclslGr-TCN252]OIB FIs.Bar..82950 THEREOF,AS RE-Ie. orset`orttie LATER OF 31ndwRNerMoaquM c modetion"Ino- A._;,for Hers.c.II..ntwitb Z Q O and Ter S CORDED IN PLAT orwnnp o MONTHS AFTER Comrol DIndq Ear t°panidpate Urn RaimiX I..N�vI.omprs Loci.County.Florl- IN THE GRCUIT Wehmw,WNnMp BOOK 13,AT PAGES n r shy wcM1 ts, THE TIME OF THE 56551trt StrM IMa proceedlnp,you Requart•for Accom- bcI ill plan policy, W114 w de,wMrein FLORI- CDURT OF THE,9TH •rad P,k,CO.,L.PA. 11,ITA THROUGH plication or appMa. FIRST PUBLICATION Vxa Beaty,FL 3n61 a ant tld,at no mdati0ne by Per including an allow- \ Y DA COMMUNITY JUDICIAL CIRCUIT Anornry for RaidX 1)K,OF THE PUBLIC der. OF THIS NOTICE OR PN:)n 5823393 t[o you n tna ons witM1 Dladlli- •n[r for•Ilmitad hoer N 4Q O O INxind JEFfP11 M. ST LUGIN S AND FOR •who 5050 GIN RUCIE COUNTY,SAID Chet/ 283)9 OgTE OF YS ERY CE FFina Ll�m2rd@p Pro' Ntenc.+PlesLe nu.X1th aetlifabPllry co e�ll tleveriop- Tj AUSTIN:a •I.,are FLORIDA Fart leumrdete,FL FLORIDA. Lows of Fled tla, OF A COB OF THIS Irmovyy o2.orp __mac ADA Ceordr who na.df any•u hit L In edtlitien. W DaNntlw4d. CASE NO 33309 a pub11.vele,tc the A<.of,%3 i•and- NOTRE ON THEM. By:bop Crich, 250 NW OIL oup cpmmemtipn Ino n -,dots CM1e> fo 56200aCME.0 Talephons 19541]46 t I"It bidder,ler Clad:'Ah Act to All other udkorf el dregor try G,b Drive,Suit° der to Dernicipete In t 152,ap Renew U > The CI„k of Co." SIX a A..hnp0hilu- wive"-lid to mai a the dwadrnl and 217,Pon St.Lucia, this aroi dinq�You iyy ht-o-weyy table ,• y 'a7 ill 1111 the NC BANK,NATION-FwfImII.18541]40 cle.clerk A",on.<om ba Mr penohe Mvinq Pub:June 13,20, FL 31986,Im)8M- dost tit,lee, n 1.will M mineE. 6p Iu.a M1eN bid EEr for AL ASSOCIATION B28D 11:00 AM,on the Iavled In Ne N. <I11ma demands 30'3 370 n leen 1 drys< to You,to Ne M1 In the Jurn SUCCESSOR BY WWRe1WwOM "6TH daY of JuIY• Ss Lucia Pryer W1- pNm[1nl dec,- TCN2525535 beforao our echee- aravialan of airs A drat[of he pre- wO /eyy O A.aemblY Room, MERGER TO NA- 2M; I. Contrd Dl.tricl dent'•a t•a mu used c rt eppar e6iNe e.Flaeae ekevad ordi.....ie li LL MSL Lid.County TIONAL CITY BANK If Hou era.Per on In St.Lost,Cwhry, IIIe Chet,Balm with roe,be IImmdlred, wt- Coun Admin ,.usable at uH Ran N the r'hou.e,218 w'h.aiw.0 who An peraen clllmin Florlde: o M1or- M,c rt WITHIN 3 uaon rel ut 1. Nlon,250 NW inp DN.`1h office \ U •O SUCCESSOR BY •d. N^Y fn Internal In the De Ne BOalE N Su- MONTHS AFTER n tlficat lonnlf the Country Club Orlve, located in M1e<om- SOMh ins Strati, MERGER TO HAP- ^• modatlon in urpluf from he y ruff.,.of feud THE DATE OF THE NOTICE OF SALE tl me balora tM1• Sults 211,Pen St. money darelcpmam Fort Pleru,FI°rldl BOR FEDERAL MY e n IM1f 24tM1 dly of INOS BANK old,,este ponldpan v le,it an..other Dlftnct in .se d- FIRST PUBLICATION IN THE GRWIT •chatluled Apar- Lud.4 FI,It le n2- ft or on the nrt O July.2013.t 1:00 PN S B in this pr[eedlnq,then the Dt.party she.with benefit. OF THIS NOTICE. CW RT OF THE n la leu Nw 1ry 80]-13]0 at level 1 IloOr 0f the County U A.M.rM1•1.11,11 tip Hou a entitled, t vers a of N,it. ase d and to ALL CLAIMS NOT en 1]I day.;if yoe day before„our Adminixt"i Com- NINETEENTH re hwrin echvdulod coo a0 Alex Builtlinq'A'. C d,wribsd properly VERONICA GUCH, o me you,[e Ne of the I1,pwmn. Ivey<an'uel malnu FILED WITHIN THE JUDICIAL.CIRCUIT ° p or race U • forth In faitl gRIN MARTINI p-ovleion of cerasin m t fila.claim • xa.or'if. TIME PERIODS SET mpeirce,_11111. pearence,or Immo-Al 0 e who may O •ENnanc°.Pleeea Hbin 60 day,eMr Talent reduced FOgTH IN SECTION IN AND FOR PUD:June 1l.30, dletel isle u apD<N enY I`VE Flnh Judgment.to AM xel. IN to flNEA y upon receiv- O wk DsUCHd It H. act Ca rrla Ne•N,. ata In proportion 733.]02 OF THE COUNTY,FLGIDA 2013 q Nn wtllkadon i/m[ision,wh11 mry C Lot 4,Blosk 2.GREEN Johneon,A D A Datd:June 12,3013 to.ucM1 benefit• FLORIDA PROBATE CNIL DICTION TCN2521303 NEeduld`•DpeNl De madveill reed to T ACRES UNIT TWO. NOTICE Of SALE Cwrelnmr,350 NW ByjS.It yamx upon fusn mergYe CODE WILL BE FOR- CASE NO.: IN THE GRCUIT ince ie Ice,then 1 n1.Nure her.verbs A kcuMinp be Ne Pro PURSUANT TO Country Club Dflve,S•i e b Stem•r, 1 I,tide of t11a BER BARRED. 3120126001618%%% COURT Of THE Aeyf it you.ro hear tlm rxnm of tM1e pw- • tMrwl,recoded In O1AP1Efl 45 Sults 41 r,Pon St. EwuIn IFBN 8]5951 Dlwln ed far oN-NOTWITHSTANDING HE TIME IERIODS %%% NINETEENTH l ding.i1 reetle, i (� O E Pill Book 16,Pepe NOTICE 15 HEREBY L.O..FL 34988,1855 Taeh.Nogy or related pulp°•- SET FORTH ABOVE, JUDICIAL CIRCUIT, I lileL,411 711, I"I iE1Alm ihdedw tati- n 1),Pubic Rowles of?No.V want t 11121 80]-1370 et Wry,S.M 500 JPMORGAN CHASE IN AND FOR INDIAN PubnJ 13,20, mory red.vide.ce Elf � LL. _ O St.lucle County. Final Pdgmant of l.•n rAeEuisE EO`un pnl N61B20 33431 Board of Supervl- TWO UIALL IYEARSLOR BANK,NATIONAL FINER COUNTY, W13 up wnicM1 the op- CIO Fbrlda Fon[Iewn dated Your g550WPON fLORI. TCN25b]M Poel is Delo. Z �N C •Q } T xher whh Ne Mo- MORE AFTER THE P beef, j�... ap ��I 1,2Ma•d w Immedlataly sopors omllvervis@Xapllc.`Hoer SL Lwie Riva- DECEDENT'S DATE CASE NO.: _ L 0 •` boa Nome Ntuxd din Cue M.56 Ivinq 1h I• Water Control Ola- O F D E A T N 5 v' It CASE LEGAL AUCTION dh,*i direct plan- Mrwn dndbd she pp5.Gd05113 I lac• BAPREO. gNIKIA ANTHONYD.SMITH Divi.J NO.:SN..)I✓N13 HIE`--elatetl puea- C •y�.r U 911 he Clrcult Court of notlticatlen it lhe It vv s parson pIK/A AJUWE e']O em 'o to Na wcl on wl'hu�ei.emury veno By:Patrl[la Nute.The este of Bm pu014 rent U a�.r AMLID es�n13II Ne lMh Jud,NCl^tum befor.'he SMITH x. CYNTHIA L.CO% r' U U so Street eddr...:41SE wn i^adyfor SL W. f<h•d u 1•d n e a d, n Y Scare ary-Trwaurx Ion of Ni.nati<e� d°rate. IMRN(E3W0Cl) EKiNBMBI d 226123Jnt va U FL 31IB FLHem. `ihereln^CPN Fl Bank,tp0earen[e i.Iwf e<°mmod.tio In kJune 13,2M1. KONDAUR CAPITAL Be,:1/1l1013 n n ]save:X lou ardor 10 panl[1pate PUb:June 20, NOTICE OF ACTION CORPORAT'.. U Q Nnionel Aaawletlon rs nearing or vol_In thhe pro[eetlln9•2013 Pononel RN x 830 am ANYONE W H 0 C A. Ronan dalmi.q •u Ir Imwired WI 711. ^ou era anfVed.at TCN2523968 M rwutnh°:TO:UNKNOWN (I')'IL's REEDS A SPECIAL e p1h.h.llI.the n N•tiwd Cry&nk awnh yu,n ch. Note SPOUSE OF NANCY THOMAS F.SCOTT,3VWSs38M 1'M05 CR THS MATING 22- furplu.tram the w r by merger PubIISM1:June 20,21.ar0vi.ion of_Iain 2460 Gnned•Avwu° DIMAI6GRgNTOfl EILEEN NALATYN, 216 FOR THIS MEETING cel•,it any,other Huber Federal 2013 vvl•'an[a.PIe.1e Vero Beer Psh.RL 960 RESIDENT:U.N. UNKNOWN TENANT Fire_,.,Go,". MUST T1HE COU N TYTS R =11"J"41211 M1•n the vent 6ryinp,Bang i•Ne TCN252]30 I—Celli. The#1 anerllryMPerw1W BOO LeuI•Iw.Ave. V JOAnfon,ADA Rror.nntdw: LAST KNOWN AD- I,end UNKNOWN sehwnan FL 32958 AMERICANS WITH CL of Na tlala RNnl1X•rad Veronl- ORE55:309 STONY TENANT Y, )n 2269660 DISABILITIES ACT of tM1a II.pendens GuN,W,M In IN THE CADA, Cihedl.nor,250 NW Advertl5ing Gxald fl.Pumphrry, POINT DRIVE.SE-DalenewN. Pub:Jum a,2013 (ADA)COORDINA- t IIIe•clet. I Goch;M•Nn GUN; COURT OF THE Coumryy Club Drive, Ep BASTIAN,FL 32958 TCN252749s TOR DIT R613n AT C Ixubih Eo dap eMr Jenn Dee,N NINETEENTH Su utaPart Bt. Source For Rodde Bar 6253011 081 NOTICE OF SALE LEAST 4B HOURS IN O Ne uk. Henry Morlin•; JUDICIAL GRCUIT Little,FL 34986, Oreenwry ADVANCE OF THE DATED Nit 31• IN AND FDP(712)807-13J0 N Recent Home RofeaionelGmx YOU ARE HEREBY hed.I.MreEy plv- MEETING. I...7 dry•1b.11 0%MiIMry Trell- NOTIFIED tux w w en thn,punu•n1 t° It Deumbn,20 IM.:our•Hausa won BUy6Br•• e201 rictheh 1.1...do..a Final Judpmwt of BY:MNI ACTION PP....na,or Jupnn.FL 3058 n....on the fd- F....I r,amneE NOTICE OF MEETING INDIACOLNTY RIVER co Q MANOEL, GSE NO.:Immadlauly uy°n 1500623-5110 lowlnp de.<rl bd In the abab.tylad NOTICE OF PUBLIC tb FLORID BAR N0. end bast biddy 200BCA00720 t• I v n p 1 e• Treasure Coast (55118261821/Fx provNv Iputad Ili e,In 1M Cr HEARING BOARD Of COUNTY T M 328)83 u•h In th Ju . notlll<e[i0n If the Classifieds Dv mpnreypa@e01. INDIAN RIVER Coun- CwM1°/Indlw RNer COMMISSIONERS r blyy Room,1 t BANK OF AMERICA,tlm. hero,.the m ry,Florida County,FIOrlda,the NOTICE IS HEREBYE.= By-s SO �a// �A LAW OFFICES Of Fbar of Ne SL LuNe N.A.,SUCCESSOR •<h•d u 1•d Pub:June 13,20,Lot 1,],SEBASTIAN Clerk of C°un will GIVEN IM1It Cha J°•eDn E.Flaa[her, N .w oa/ 0 DANIEL S.MANDEL. County 0.St.°_• OY MERGER TOOR DD.71d"..his let.twalm.wm cleszlnd 2011 RIVER LANDING wll Ne Dr°pMy itu Beard Of County Chenmen C PA 310 5.Ind Street, HOME LOANS SERV-then ay:iI You TCN3525M] plIASE ONE,accorb d In Indian River Commia•loner.of //�yFY�A ere naarinp Or vola Pub:Jun°ID,2013 tV r W d Atl.lhe 1-r Fo;Rem,FL 31850, LING LP,FKA p t the plat coumyy.R°res..tla- Intli•n Rlvx County. TCN252)lA C RNn1iM CAO,.m Eenern COUNTRYWIDE 1mpNrd.Ml),1. thar,of of recorded .1 B,."; Florlde enNl held 7 1 8 d 0 N W Time,On July,0, HOME LDANS$EB- TREASURE PIa1 Book 1),Lot e,01«k 3,VERO wuDllc haadnp et There's MUSIC In CorpoMa Brya,S'e.31113, hs tollowinq IGNG LP, Publl6h:Jona 20,2], p. -716 rouph 85, ISLES,PAT N0.3, hich portio•in In- a zo13 COAST REQUEST FOR BIN n4 sin,of the Pub rdinq to tn.RN t r f he 61ii... dassifiad • 3P+W de,crlb.d proDenY RddM, TCN35266J9 ppor- AdYMi,le9f Bou Raton,F133131 N Jenn in o Or.r CLASSIFIED INVITATION TO 812- sic Rewrdl of IFrod thereof,f co detl +hell hue s U T I p M1 n : d a r°r f n e YVES FLEURIGENE,n ,m,t n_ River County,Flari In Pat Baokr 3,Pews Try o M Kura in FM1 anythilog A411.21174 0 Jud k 1. S_Id Iles will M r. de 95,Publk Pecorda I the L t ry b."tohrI- 0 F I I 1 a proem.few DNentlemisl wAew•'5q�.tvMundx o.• armtbn Had by Na Wish Indian Rlvw Counry. Ion Chamber•of to perR r4 ` 15 611 82 6110 LOT 9,BLOCK 3. MnvN— River Mo.quito Con hu been and peinn FlodOa IMC County Adminie- tlman0el@dem SUNRISE E1ta1a., RE-NOTCE OF SALE 01 DINrlcta tM feu,an d ycu ere ltne'Pn+PoltYl ee an Bu'Itlinp to Dillrict', Nioce•he pw red w varve•RopeM Adtlre.c 12 td a fiM 2)rh asslf�t 3 �• Ned n 6656 41nhr; spy°f your wrMen Sea Hor.e L,ne, Sheet,Vero Bewn. Z U Stnn,at IM A.M.,defence.,If antY•to Vero 8...It.Florlde Florlde,on Tuesday, Q (p T. I,Auxa 6.NN;chat or PIIIII 328E0 Jumy 20 2013 al B:OD 3013,e hlcbtlme H.Ilinen,PLC, publl.•11,to the a �t conoid roc C L th y it b°Dpened a t°r y•1 o r nignM.nE ben Die- -;n dinp atl°p- Try C Q r Z puElicly end rue,Mr pl alntll1, hoes der,I.r cNh,n the t n en or dinww: ten, purMa_by 11 DIS ddrns I,2n]WM Mur of 10.90 e'cloq wtitld: n�iurHs , '1L•' a.. N t IDI f_Ne following Cyprea.Crack ROed. a. July 2,i013. n aeewlw�wmev< 'Z U O O Fort Leuesrdeu,FL to M MM online N AN ORDINANCE Of n6unns. QIOU Cn U d pUas` Ls e • . Lj n c_ P3GA3GY331(mYi �1t47T LUY3 tv3 U;33QYffi,1G 7° X13' u• 2 °• u DM]k "Pot 22 Go, r o ADDS wxnNxwwoE- �I.j ro, p, ID'fMR CONDIIIONMG CLEANING CLOG REIYJR ELECTRNULL IMNOYPERSON IANOSCAPIXG MEOICAI. PLAMNG/TTUCCO SCREENING 4V et. O M ��k4KEE «LST Y�1Fi kIYE1wkIYma_h CIfIReGp(SrByse,o1LL15 CAAELECTRW1 NNIYMLXr V Ppe-wvlli105rvc EdLAIDa UBM�PLLam�%Rob RFSCREENMD 91�i1TaB• ie•4f •� q/p G1L•Fh s].3Y+Rrylecement ly,tall new fora llM ylle a Goner rlwioaku rueHoma spalls. lawn ma.VN w ECONOMY DFNruRFS WNM Io n apD 1 lis N CI wxwly_�11,,DIz Ae s rrw lo-nem.quos. Pen w w<I. >911 low I«..ere.M. ws z seam] I ,u u e a e ren�1ii-M7Tnes mabz4sos k,N can ma3s xor mass es 00viMvl9 KNaaq`Ylll"d r u"i"awa LI"<1.m:m Eos FasnAN +` R �qM N m Lk,N.]JOyID RJLAK aFµMa SFYL'ICfS 772-2494900 LAx _TS °•^ PLIIYMx tauntrI.�•iMaowsm pNri seamleu QI� O •We uaW Y Mlk W'Id•'adenl a3GN sum wol. 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LEWLSERVICES wy WEwspalpERxRxMa s•y1NIaC LLMC x EANIXa 5-16VC3 i1A°L1u1h1M b�n"wax: Mb bMa lanY n-ft Y,iiR/SL r%_:MME m rrY efe+bN til r<YaNhepsm°w aa::md BaalnM role no111a. �irn eases Mort- Nm1°Mr tgam.wm Su rsorwrvl«,Re• We don' cleanlnm Exp'Q VB ,rdw rroNw clack a—h. g0191— q=:=_ aga oelRcnlonl a lNtllidw mj1xe•n RipNrIW Guann Wmen Sery Rw .Coes L,I SND del/lIM/Lr New clTlle atsOWq°I- aCL9LtlN asmiord <C II 86&561 _11_ ML m451-SM31wsL m4A°n66ar66 sL INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION It Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Charles(Chuck)Fannin ADDRESS: 2820 Grand Isle Way,Vero Beach,Fl.32968 PHONE: 772-299-6930 SUBJECT MATTER FOR DISCUSSION: Concerns over Municode Chapter 974 IS A PRESENTATION PLANNED? a YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Raising Residential Decibel level to be consistent with majority of air REQUESTING OF THE COMMISSION? conditioners and pool heaters in Indian River County ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE Descussion on Ordinance and review of pool heater approval process REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: E-Mail J seph A. rd Fax Mail MEETING DATE: l Hand Delivered Phone DocumenQ Board Approved i in106 4 160 -� 7 1'13 Dear Commissioners, People move to Indian River County for a better quality of life. Do we really want to create a family friendly community that creates more noise pollution by purposely increasing the decibel limits allowed in a residential community? Studies by the National Institute of Health have shown that there are direct links between noise and health. Noise induces stress which can cause high blood pressure, speech interference, sleep disturbance, lost productivity, and hearing loss. In our community it is true there may be some equipment that is currently exceeding the decibel limits set by the county as acceptable. Air conditioners can be loud but in the majority of cases builders have placed air conditioners in the front of the homes next to a garage or an area which does not impact our everyday life. I also want to point out that air conditioners do not run 24 hours a day 12 months out of the year. They do periodically shut off. Mr. Fannin's issue with his pool equipment is very site specific. It is approximately 8ft. from my property line and 11 ft. from my master bedroom. We thought that since the lot lines were extremely close that the HOA would have only approved "noiseless equipment" which is used for many pools throughout our community. It is pretty obvious that our outside screened in living area is feet from their pool equipment. We were concerned but our previous experience's with The HOA in our last community was good, nothing was ever approved that would negatively impact a neighbor. All applications were thoroughly looked at and visually checked before being approved. We found out the hard way that this is not the case in the Millstone community. The Fannin's pool equipment noise has impacted our quality of life ever since it was turned on in June 2012. We have not been able to sit outside and enjoy our Outdoor living space since that time. We have had pools in three previous homes and have never heard such extreme volumes of noise coming from pool equipment. When the noise from the pool heater was added that of the pool filter motor it reverberated throughout our first floor and we were not able to sleep in our MBR. The Fannin's were made aware of this problem. We asked them to place a wall around their equipment but they refused to do anything about it stating it was not their problem if we could not sleep in our MBR. We tried for months to resolve the problem through our HOA without any success. By October the noise was endless. We were living our life around their pool equipment. The Fannin's wanted to heat there pool year round and keep their pool temperature at least 81 degrees. As it became colder at night it was on until 1 Ipm or later and on several occasions 24 hours a day. We called the Sherriff's dept. on Nov 29 at 1 1pm so we could go to bed. The Fannin's informed the deputy that they would not turn their heater off. They had company and wanted to heat their pool. Another night spent in the guestroom. By December we were sleeping in our guest room more than our MBR. Desperate, we contacted code enforcement in January. The Fannin's pool equipment well exceeded the 60 decibel level for a residential area constantly reaching upwards of 85-90 Db's. Still Mr. Fannin continued to use his pool equipment to 11:45 or later that night even though he knew that the noise exceeded county limits. Mr DuBlois and his staff from the code enforcement office have been very professional and helpful to resolve the problem. My only issue was that the Fannin's were allowed to continue to use their pool equipment from Sam until 10 pm even when it exceeded the maximum decibel level. The noise has been very stressful for almost a year. It is July and we are still dealing with the same issue. The noise level has somewhat decreased but you can still hear the pool equipment in my MBR. If Mr. Fannin is allowed to keep his pool equipment at the current 160 . 1 decibel level we will not be able to sleep in our MBR without noise or ever sit outside on our Lani without noise. I bought a home without noise. As a homeowner I should have the right to open my patio door, sit on my Lani and sleep in my MBR without continued noise. I am asking this Board of Commissioners to re-examine the boundaries required for pool equipment. Look at mandating an insulated concrete barrier around pool equipment or even air conditioner units in new developments or on new housing permits in neighborhoods with narrow lot lines that exceed acceptable limits. Let's make Indian River County a place where people enjoy living free of unnecessary noise pollution. I am also asking that the Code Enforcement Board immediately enforce the existing noise standards in this case so we can enjoy our home once again. Thank you for your time and attention to this health and quality of life issue. Print Date/Time: 06/28/2013 11:31 Indian River County Sheriffs Office Login ID: al jlewis ORI Number: FL0310000 Incident: 2012-00171664 Incident Date/Time: 11129/2012 11:40:59 PM Incident Type: Noise Disturbance Location: Venue: IRC Phone Number: Source: 911 Report Required: Yes Priority: 2 Prior Hazards: No Status: P LE Case Number. Nature of Call: Unit/Personnel Unit Personnel 4204 0460-Bell Person(s) No. Role Name Address Phone Race Sex DOB 1 Caller <UNKNOWN> Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count PP 1 Property Date Code Type Make Model Description Tag No. Item No. CAD Narrative QUA 11/29/2012 23:43:47 Christine S Dolle Narrative: COMPL IS AT 2830 GRAND ISLE WAY SW 11/29/2012 23:43:51 Christine S Dolle Narrative:Y.. 10-25 11/29/2012 23:43:57 Christine S Dolle Narrative: GATE CODE 0619 11/30/2012 00:02:52 Brian Bell Narrative: Dispatch received by unit 4204 Page:1 of 1 � �0 . 3 Ai- x; r �93400xr P t Pool heater 000 location Fannin residence, 820 rand'Isle.Way 000400 0 000146.0 ;4 146 y t to� ,.. �� '��• ' ,x vF �x_ a0400000014 dj w , 149 4„ e 36. ` k F 150 NIL ol vw* r Charles & Lisa Fannin, 2820 Grand Isle Pool Heater Unit Sound Buffering / Sc- INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this (W form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Denise Kelly ADDRESS: 2830 Grand Isle Way,Vero Beach, FI 32968 PHONE: 772-569-8292 SUBJECT MATTER FOR DISCUSSION: Review of Noise and Vibration Code 974.03 1.04 IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO (W IS THIS AN APPEAL OF A DECISION a YES NO WHAT RESOLUTION ARE YOU Mandate Noise Reduction Barriers for equipment at higher end of REQUESTING OF THE COMMISSION? allowable noise/decibel level limits ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE Review Code and come up with acceptable solutions to air- REQUIRED TO MEET THIS REQUEST9 conditioning, pool pump,etc.noise issues affecting residential neighbors Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: v E-Mail Fax Jo eph A. Bair Mail MEETING DATE: y Hand Delivered Phone Document5 Board Approved lin/06 161 1' L' i3 Dear Commissioners, People move to Indian River County for a better quality of life. Do we really want to create a family friendly community that creates more noise pollution by purposely increasing the decibel limits allowed in a residential community? Studies by the National Institute of Health have shown that there are direct links between noise and health. Noise induces stress which can cause high blood pressure, speech interference, sleep disturbance, lost productivity, and hearing loss. In our community it is true there may be some equipment that is currently exceeding the decibel limits set by the county as acceptable. Air conditioners can be loud but in the majority of cases builders have placed air conditioners in the front of the homes next to a garage or an area which does not impact our everyday life. I also want to point out that air conditioners do not run 24 hours a day 12 months out of the year. They do periodically shut off. Mr. Fannin's issue with his pool equipment is very site specific. It is approximately 8ft. from my property line and 11 ft. from my master bedroom. We thought that since the lot lines were extremely close that the HOA would have only approved "noiseless equipment" which is used for many pools throughout our community. It is pretty obvious that our outside screened in living area is feet from their pool equipment. We were concerned but our previous experience's with The HOA in our last community was good, nothing was ever approved that would negatively impact a neighbor. All applications were thoroughly looked at and visually checked before being approved. We found out the hard way that this is not the case in the Millstone community. The Fannin's pool equipment noise has impacted our quality of life ever since it was turned on in June 2012. We have not been able to sit outside and enjoy our Outdoor living space since that time. We have had pools in three previous homes and have never heard such extreme volumes of noise coming from pool equipment. When the noise from the pool heater was added that of the pool filter motor it reverberated throughout our first floor and we were not able to sleep in our MBR. The Fannin's were made aware of this problem. We asked them to place a wall around their equipment but they refused to do anything about it stating it was not their problem if we could not sleep in our MBR. We tried for months to resolve the problem through our HOA without any success. By October the noise was endless. We were living our life around their pool equipment. The Fannin's wanted to heat there pool year round and keep their pool temperature at least 81 degrees. As it became colder at night it was on until l Ipm or later and on several occasions 24 hours a day. We called the Sherriff's dept. on Nov 29 at l Ipm so we could go to bed. The Fannin's informed the deputy that they would not turn their heater off. They had company and wanted to heat their pool. Another night spent in the guestroom. By December we were sleeping in our guest room more than our MBR. Desperate, we contacted code enforcement in January. The Fannin's pool equipment well exceeded the 60 decibel level for a residential area constantly reaching upwards of 85-90 Db's. Still Mr. Fannin continued to use his pool equipment to 11:45 or later that night even though he knew that the noise exceeded county limits. Mr DuBlois and his staff from the code enforcement office have been very professional and helpful to resolve the problem. My only issue was that the Fannin's were allowed to continue to use their pool equipment from Sam until 10 pm even when it exceeded the maximum decibel level. The noise has been very stressful for almost a year. It is July and we are still dealing with the same issue. The noise level has somewhat decreased but you can still hear the pool equipment in my MBR. If Mr. Fannin is allowed to keep his pool equipment at the current 161-1 decibel level we will not be able to sleep in our MBR without noise or ever sit outside on our Lani without noise. I bought a home without noise. As a homeowner I should have the right to open my patio door, sit on my Lani and sleep in my MBR without continued noise. I am asking this Board of Commissioners to re-examine the boundaries required for pool equipment. Look at mandating an insulated concrete barrier around pool equipment or even air conditioner units in new developments or on new housing permits in neighborhoods with narrow lot lines that exceed acceptable limits. Let's make Indian River County a place where people enjoy living free of unnecessary noise pollution. I am also asking that the Code Enforcement Board immediately enforce the existing noise standards in this case so we can enjoy our home once again. Thank you for your time and attention to this health and quality of life issue. 1 G 1• i?., ■//V/M V■/� ■ `V r/V■ � Print Date/Time: 06/28/2013 11:31 Login ID: ilewis ORI Number: FL0310000 Incident: 2012-00171664 Incident DatelTime: 11/29/2012 11:40:59 PM Incident Type: Noise Disturbance Location: Venue: IRC Phone Number: Source: 911 Report Required: Yes Priority: 2 Prior Hazards: No Status: P LE Case Number: Nature of Cali: Unit/Personnel Unit Personnel 4204 0460-Ben Person(s) No. Role Name Address Phone Race Sex Dos 1 Caller <UNKNOWN> Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count PP 1 Property Date Code Type Make Model Description Tag No. Item No. CAD Narrative PIT! low S 11/29/2012 23:43:47 Christine S Dolle Narrative: COMPL IS AT 2830 GRAND ISLE WAY SW 11/29/2012 23:43:51 Christine S Dolle Narrative:Y.. 10-25 11/29/2012 23:43:57 Christine S Dolle Narrative: GATE CODE 0619 11/30/2012 00:02:52 Brian Bell Narrative: Dispatch received by unit 4204 . e r Page:1 of 1 �G1.3 393400 .. N G d� 'Y. iF 1S8 Pool heater location Fannin residence... x 820 GrandIsle Way F 393400004000000146.0s 146 5 G4P K �� r x^ 04,00000014 ti ,• �F �� 36.0 � 149 * �� t c 150 ��• � � � � ,; FF or t� , V P �t � f F•��ZA I MSN- j^i'F' +t;• Charles & Lisa Fannin, 2820 Grand Isle Wa) Pool Heater Unit Sound Buffering / Screeni INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Ardra and Bill Rigby ADDRESS: 8465591h Avenue PHONE: 501-4753 SUBJECT MATTER FOR DISCUSSION: Equality and Affirmative Opportunity IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION a YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES a NO WHAT FUNDS OR ACTIVITIES ARE What programs can be started to initiate equality and affirmative REQUIRED TO MEET THIS REQUEST? action programs that will provide needed results for community Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: E-Mail Jos ph A.Baird Fax Mail Hand Delivered MEETING DATE: 2 2013 Phone Dtrcument3 Board Approved I1/7/06 162 Muliumuni,irell (W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator D A TMENT HEAD CONCURRENCE o ert M. Keati6mnpAty Development Director FROM: Sasan Rohani, AICP 57 ,1. Chief, Long-Range Planning DATE: June 19, 2013 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 2, 2013. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: July 16,2013 IMG Citrus's Request for a Small Scale Comprehensive Plan Future Land Use Map Amendment to Redesignate ± 2.16 Acres From C/I to M-2, and to Rezone those ± 2.16 Acres from IL to RM-10; and to simultaneously Redesignate ± 2.16 Acres From M-2 to C/I, and to Rezone those ± 2.16 Acres from RM-10 to IL. RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM• Indian River Co. AppiVy ,d ,,, Date Admin. r17 FOR: Legal Budget BY: Dept. �` I Risk Mgr. �W U -'T' a F:\Community Development\Comprehensive Plan Land Use Amendments\SMALL SCALE AMENDMENTSUMG Citrus\Staff reports\BCC staff Report Notice of Public Hearing IMG Citrus July 2,2013.doc 163 Departniental Matters tw INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator D S N HEAD CONCURRENCE: Robert M. Keating, Al P Community Development Di ct THROUGH: Sasan Rohani, AICP 5;4 Chief, Long-Range Planning FROM: Bill Schutt, AICP T.d, Senior Economic Development Planner (W DATE: June 17, 2013 SUBJECT: REQUEST TO APPROVE AN AMENDED AND RE-STATED AGREEMENT BETWEEN INDIAN RIVER HABITAT FOR HUMANITY AND INDIAN RIVER COUNTY FOR NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMMATIC SERVICES AND MODIFICATION#1 TO NSP3 SINGLE-FAMILY PURCHASE, REDEVELOPMENT AND SALES PROGRAM MANUAL It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of July 2, 2013. DESCRIPTION AND CONDITIONS As part of its effort to assist local governments in their recovery from the ongoing effects of the economic and housing crisis,the federal government enacted the Wall Street Reform and Consumer Protection Act of 2010,Public Law 111-203,also referred to as the Dodd-Frank Act.Included as part of that act was an allocation of$1 billion in Community Development Block Grant(CDBG)funds 164 under the Neighborhood Stabilization Program(NSP) for states and local jurisdictions throughout the country to purchase and redevelop abandoned, vacant, and foreclosed properties. That was Congress's P allocation of funds to the NSP;as such,that allocation is commonly referred to as NSP3. Previous allocations to the NSP were made by Congress in 2008 (NSP1)and in 2009 (NSP2). While Indian River County was awarded and is currently using$4,680,825 in NSP 1 funds to purchase and rehab residential units,the County did not receive funding from NSP2. Of the $1 billion in NSP3 funds, $1,500,428 was earmarked by the Department of Housing and Urban Development(HUD)for Indian River County.Although those funds were earmarked for the county,the county needed to submit a formal abbreviated action plan(application)to HUD in order to obtain the funds. That abbreviated action plan, which was approved by the Board of County Commissioners on February 15, 2011, indicated that the County would work with Indian River Habitat for Humanity to implement NSP3 activities. On February 25, 2011, the abbreviated action plan was submitted to HUD and was ultimately approved. Subsequently,the BCC formally entered into an agreement with HUD to expend NSP3 funds consistent with the abbreviated action plan. Over the ensuing months,County staff worked with Indian River Habitat for Humanity to prepare a developer's agreement and to prepare a Single-Family Purchase,Redevelopment and Sales Program Manual to complement the developer's agreement. On August 16,2011,the BCC formally entered into a developer's agreement with Indian River Habitat for Humanity and approved a Single-Family Purchase, Redevelopment and Sales Program Manual. As part of the developer's agreement,Indian River Habitat for Humanity was allocated$1,350,386 of the County's$1,500,428 in NSP3 base grant funds. The remaining balance of$150,042 in NSP3 base grant funds not allocated to Indian River Habitat for Humanity is reserved for Indian River County's use to cover the costs of administering the grant. According to HUD rules, at least twenty five percent(25%) of the overall grant allocation is to be used to benefit households with incomes not exceeding fifty percent(50%)of Area Median Income (AMI). The remaining allocation to Indian River Habitat for Humanity can be used to benefit households with incomes up to one hundred and twenty percent(120%)of AMI. To date,Indian River Habitat for Humanity has spent over 66%of its$1,350,386 in NSP3 funds,has acquired twelve (12)housing units,has rehabilitated three(3)housing units,and has sold three(3) housing units. An additional housing unit(#13) is currently under contract to be purchased and is scheduled to close at the end of June 2013. 2 165 (W As structured,the NSP3 funds are used to purchase each house,rehabilitate each house,and also to cover carrying costs while each house is being rehabilitated. Then qualified buyers purchase the rehabilitated foreclosed homes from Indian River Habitat for Humanity,with NSP3 funds used for downpayment/closing cost assistance and gap financing. In the sale of each NSP3 house,most of the purchase price comes from a first mortgage provided to the buyer from Indian River Habitat for Humanity. At each closing,the NSP3 program receives a payment that corresponds to the purchase price of the home, less the NSP provided downpayment/closing cost and gap financing.The funds for that payment come from the principal mortgage provided to the buyer by Indian River Habitat for Humanity. Those monies are considered NSP "program income"funds. Consistent with NSP3 rules, program income funds must be used by the County on NSP eligible activities. As with base grant funds,at least twenty five percent(25%)of program income funds are required to be used to benefit households with incomes not exceeding fifty percent(50%)of Area Median Income(AMI); up to ten percent(10%)of program income funds are allowed to be used to cover grant administration costs, and the remaining balance(including any unused administrative funds) is required to be used to benefit households with incomes up to one hundred and twenty percent(120%) of AMI. Initially,Indian River Habitat for Humanity committed to use the base grant funds of$1,350,386 for NSP activities. With the progression and success of the program,Indian River Habitat for Humanity recently informed County staff that it would like to continue with the program and use additional NSP3 program income funds (as those funds become available) to purchase, rehabilitate, and sell additional foreclosed residences. Going forward,the amount of additional program income funds available to Indian River Habitat for Humanity will depend on a number of factors,including the purchase price of each NSP home,the carrying and rehabilitation costs of each NSP home,the appraised value of each NSP home,and the sales price of each NSP home. Based on current cost averages,county staff estimates that there will be up to $1,300,000 in NSP3 program income funds (in addition to the original allocation of $1,350,386) available for Indian River Habitat for Humanity's use through December 2015. To formalize the additional expenditure of NSP3 program income funds and amend the accompanying NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual, the County must amend the Developer's agreement that it has with Indian River Habitat for Humanity. Specifically,the agreement must be revised to incorporate specific criteria and timeframes regarding expenditure of NSP3 funds as well as to make several other programmatic changes.Attached to this staff report is a copy of a proposed amended and re-stated NSP3 developer's agreement between Indian River County and Indian River Habitat for Humanity. Also attached to this staff report are proposed changes to the County's NSP3 Single-Family Purchase,Redevelopment and Sales Program Manual. Those changes are on page 2 of the manual and are shown in strike through and underline ,,,• 3 166 format on Attachment 2. At this time,the BCC is to review the proposed Amended and Re-stated Indian River County and Indian River Habitat for Humanity NSP3 Developers Agreement,to review the proposed modifications to the NSP3 Single-Family Purchase,Redevelopment and Sales Program Manual,to make any necessary changes to either or both documents,and to approve the documents. ANALYSIS As structured,the NSP3 developer's agreement and the NSP3 Program Manual are based on samples provided by HUD. Together,the documents provide a guideline for Habitat's management ofNSP3. Because the documents occasionally contain duplicate language,a modification to one can require a modification to the other. Amended and Re-stated Indian River County/Indian River Habitat for Humanity NSP3 Agreement The proposed Amended and Re-stated NSP3 Developer's Agreement between Indian River County and Indian River Habitat for Humanity reflects the following changes: 1. increases the original $1,350,386 NSP3 base grant allocation to Indian River Habitat for Humanity by providing up to$1,300,000 in program income funds and by providing for the possibility of Indian River Habitat for Humanity using any unused portion of the County's $150,042 in reserved NSP3 administration funds. The actual amount of program income funds available to Indian River Habitat for Humanity will be dependent upon the amount of • program income funds returned to the County and not allocated for other NSP3 expenses; 2. increases the number of homes that Indian River Habitat for Humanity will acquire, rehabilitate, and sell from a minimum of thirteen (13)to a minimum of eighteen(18); 3. extends the expenditure deadline for the original allocation of$1,350,386 from December 31, 2012 to March 9,2014 and provides for an allowance for an administratively approved extension to this deadline of up to one year(if HUD approves); 4. provides for a completion date of December 31, 2015 for activities associated with the additional $1,300,000 in program income funds and provides for an allowance of up to a 1 year administratively approved extension to this deadline; 5. specifies that at least 25%of program income funds must be used to benefit households with incomes at or below 50% of Area Median Income (AMI); 6. increases the maximum NSP3 expenditure per dwelling unit from$100,000 to $130,000; 4 167 7. increases the average NSP3 expenditure per dwelling unit from $85,000 to $115,000 and provides for an administrative option to increase that amount if market conditions improve; 8. modifies the target area to be consistent with amended target area approved by HUD in July of 2012 and provides for any future HUD approved changes to the target area to automatically be incorporated into this agreement; 9. removes outdated language; and 10. updates Exhibit A: Home Sales Activities and Detailed Budget to add additional activities, adjust the timetable for each activity, and increase the budgeted amount for each activity. As proposed,. the Amended and Re-stated NSP3 Developer's Agreement between Indian River County and Indian River Habitat for Humanity will allow Indian River Habitat for Humanity to accept additional NSP3 program income funding from the County, will allow the County to meet federal NSP3 fund use requirements, will provide for increased time to expend NSP3 funds and complete NSP3 activities, and will provide for increased per home expenditures based on updated average per home market area acquisition,rehabilitation,and maintenance costs.While the proposed revisions increase the amount of available NSP3 funding to Indian River Habitat for Humanity,the proposed revisions cap NSP3 expenditures to either the lesser of: 1. $2,650,386($1,350,386 original allocation to Indian River Habitat for Humanity plus up to $1,300,000 in program income funds)plus any administratively allowed unused portion of the County's $150,042 in reserved NSP3 administration funds; or 2. the original allocation of a$1,350,386 plus available NSP3 program income funds and any unused portion of the County's $150,042 in reserved NSP3 administration funds that are received by the County and not used by the County for other NSP3 purposes. As stated in the proposed Amended and Re-stated Developer's agreement, both County staff and Indian River Habitat for Humanity must coordinate, as needed, to ensure that sufficient funds are available for any proposed NSP3 acquisition,rehabilitation,and resale activity and to ensure that the NSP3 expenditure cap is not exceeded. • Modifications to NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual The proposed modifications to the NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual are limited to two changes on page 2 of that document. Those changes relate to the maximum allowed NSP3 expenditure per dwelling unit and the maximum allowed development subsidy. ,,,► 5 168 (W As in the proposed Amended and Re-stated NSP3 Developer's Agreement, the maximum allowed NSP3 expenditure per dwelling unit is increased within the NSP3 Program Manual from $100,000 to $130,000, with an allowance for an increase in this amount in extenuating circumstances. That proposed$30,000 increase takes into consideration actual costs associated with the acquisition, rehabilitation,maintenance, and sale of properties in the NSP3 target area. With the modifications of the NSP3 Program Manual,the maximum allowed development subsidy is increased from$15,000 to $18,000, with an allowance for an increase in this amount in extenuating circumstances. As defined in the NSP3 Program Manual,the development subsidy is the amount of NSP3 funding that is invested into a property that is not recaptured by the County through the return of NSP3 funds from a 1St mortgage and NSP3 funds that are not secured by the County through a 2"d mortgage to a home purchaser. With the NSP, the sale price of a home is limited to the lesser of the appraised value of a home after that home has been rehabilitated or the amount that is invested in the property. In the case of an NSP property, development subsidies occur when development costs exceed the after rehabilitation appraised value of the home. In this case, the proposed$3,000 increase in development subsidy is based on an analysis of development costs for the first few properties acquired and rehabilitated by Indian River Habitat for Humanity. Having a development subsidy cap limits the amount of expenditures on each home, encouraging only necessary improvements to the properties. To proceed with the NSP3 CDBG project, the Board now must authorize the Chairman to execute the proposed Amended and Re-stated Developers Agreement between Indian River County and Indian River Habitat for Humanity and to approve the modifications to the NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual. RECOMMENDATION Staff recommends that the Board of County Commissioners: ■ approve the proposed Amended and Re-stated NSP3 Developer's Agreement between Indian River County and Indian River Habitat for Humanity; ■ approve the proposed modifications to the NSP3 Single-Family Purchase,Redevelopment and Sales Program Manual (see Attachment 2 of this staff report); ■ authorize the Community Development Director to make any changes to the proposed Amended and Re-stated NSP3 Developer's Agreement between Indian River County and Indian River Habitat for Humanity and to the proposed modifications to the NSP3 Single-Family Purchase, 6 169 Redevelopment and Sales Program Manual that may be required by the U.S. Department of Housing and Urban Development; and ■ authorize the Chairman to execute proposed Amended and Re-stated NSP3 Developer's Agreement between Indian River County and Indian River Habitat for Humanity. ATTACHMENTS l.) Proposed Amended and Re-stated NSP3 Developer's Agreement between Indian River County and Indian River Habitat for Humanity. 2.) Modifications to NSP3 Single-Family Purchase,Redevelopment and Sales Program Manual (one page). 3.) Copy of proposed modified NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual(on file at the BCC office) Indian River Co. Approved A liate Approved Agenda Item: admin. og /3 egal 6- t.(475 For: July 2 2013 Budget 6 .� Dept. Risk Mgr. By: F:\Community Development\CDBG\2010 NSP\CONTRACTS\Developer Agreement\AMENDMENT#1\BCC Agenda Item- Habitat Contract&Program Manual Amend#1 V3.doc 7 170 AMENDED AND RE-STATED AGREEMENT BETWEEN Indian River County [Grantee] AND Indian River Habitat for Humanity [Developer] FOR THE Neighborhood Stabilization Program 3 (NSP3) THIS Amended and Re-stated Agreement, is entered this day of July, 2013 by and between the NSP3 Grantee of Indian River County (herein called "Grantee")and Indian River Habitat for Humanity(herein called "Developer"). WHEREAS, Grantee was awarded a Neighborhood Stabilization Program 3 Community Development Block Grant (CDBG) (Contract #B-11-UN-12-0022) from the U.S. Department of Housing and Urban Development(HUD), which provides for the purchase, rehabilitation, administration,and sale of foreclosed properties to eligible very low, low and moderate income families; and WHEREAS, on August 16, 2011 Grantee entered into an Agreement with Developer to carry out specific activities within Grantee's NSP3 contract with HUD in accordance with applicable notices, (W regulations and guidance from HUD; and WHEREAS, Grantee and Developer mutually agree to significant changes to the August 16, 2011 Agreement; NOW,THEREFORE, in consideration of the mutual promises and covenants, the parties agree to the following Amended and Re-stated Agreement: I. SCOPE OF SERVICE Developer will be responsible for carrying out NSP3 activities in a manner satisfactory to Grantee and consistent with all standards required as a condition of providing these funds. Program activities will include the following uses and corresponding activities eligible under NSP3: A. Developer Responsibilities 1. This program activity involves the acquisition and development (rehabilitation)of residential property that has been foreclosed upon or abandoned, is blighted or is vacant in accordance with the definitions and requirements of the NSP3 program,to the extent that these activities are incorporated in this Section I and in Exhibit A. Attachment 1 11 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 171 Specifically, Developer agrees to undertake the following activities: A. Identify foreclosed, abandoned, and blighted single-family residences in the NSP3 target area; B. Contract for purchase of homes meeting program criteria; C. Complete all pre-acquisition due diligence activities; D. Acquire eligible properties with mortgage assigned; E. Prepare rehabilitation work write-up for acquired properties; F. Rehabilitate acquired properties using Habitat for Humanity's sweat equity program; G. Solicit potential NSP3 homebuyers; H. Complete income verification and NSP3 qualification process for NSP3 homebuyer applicants; I. Provide principal mortgage financing for NSP3 homebuyers;and J. Sell NSP3 homes to income qualified buyers. 2. Developer will carry out this program in accordance with the policies, procedures and other provisions of the Single-Family Purchase, Redevelopment and Sales Program Manual ("Program Manual"), provided to Developer by Grantee, and incorporated herein by reference. Developer hereby agrees to accept and follow any written amendments to the Program Manual by Grantee that are made as a direct result of additional guidance or regulations provided by HUD, as well as any written (W amendments that are mutually agreed upon by Grantee and Developer. 3. Developer is responsible for providing the deliverables that are described in Section I.A.4 below and Exhibit A, Homes Sales Activities and Detailed Budget,within the time periods and for the approximate average budget amounts described therein.The total use of NSP3 funds provided under this Agreement may not exceed the total amount of NSP3 funds indicated in Section III(A) below. 4. Developer's expenditures for program delivery will be limited as follows, unless changes to the limits are agreed to in writing by Grantee and Developer for a particular property: a. Minimum number of homes to be acquired,developed and sold using base grant funds discussed in Section III(A) below: Thirteen(13). b. Minimum number of homes to be acquired,developed,and sold using program income funds discussed in Section III(A) below: Five(5). c. Eligible properties: Developer will acquire only properties in designated NSP3 target areas that are eligible under NSP3 guidelines for rehabilitation or redevelopment as affordable residential properties. These guidelines state that properties acquired must be abandoned or foreclosed upon, blighted,or vacant residential structures. Residential structures will be rehabilitated consistent with NSP3 guidelines. 2 ( Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 172 d. Designated target area: Developer may carry out this activity only in the following NSP3 target area: South of 4th Street,east of 43rd Avenue, north of 25th Street SW,and west of Old Dixie Highway,as shown in the map in Exhibit B. If, however, an amended target area is adopted by Grantee as part of a revision to the Grantee's NSP3 Abbreviated Action Plan and if that amended target area is approved by HUD,that target area shall replace this target area. e. At least 25%of Grantee's total NSP3 funds(combined base grant and Program Income) must be used to benefit households with incomes at or below 50% of area median income. Developer shall be responsible for acquiring, rehabilitating, and selling enough homes to income eligible households to meet this requirement. It is hereby noted that the 25%calculation must include the County's portion of funds. f. Developer may execute a home purchase contract without obtaining written approval from Grantee; however, Developer shall provide a copy of said contract along with copies of due diligence items to Grantee prior to termination of the Due Diligence period for the home purchase. These due diligence items shall include but shall not be limited to an appraisal,a survey,a home inspection report, and a Wood Destroying Organism Report. Developer shall also provide Grantee with proof of abandoned,foreclosed,or vacant status as applicable, preliminary plans and specifications for rehabilitation or construction work, a preliminary development cost and proof that property is located in the current NSP3 target area..The preliminary cost estimate will include applicable rehabilitation and (W maintenance(carrying)costs. Upon receipt of required due diligence items, Grantee will inform Developer if there is one or more concerns based on its assessment of NSP3 compliance,financial feasibility,conformity to expenditure limits described herein,and the potential marketability of the property. If the concern(s)cannot be addressed by Developer,Grantee may disallow the property for inclusion/participation in the NSP3. g. Maximum NSP3 expenditure per dwelling unit: Developer may spend no more than $130,000 on any single dwelling unit, unless Grantee gives written approval for an additional amount due to the strategic value of a property for the NSP3 program or unforeseen costs that were beyond the control of Developer. h. Average NSP3 expenditure per dwelling unit: The average NSP3 expenditure per dwelling unit may not exceed $115,000 (including developer's fee). Grantee encourages Developer to acquire additional homes at a lower average NSP3 cost if it is feasible. This average may be administratively increased by Grantee staff if market conditions improve which causes an increase in acquisition costs and/or development costs. Developer shall provide evidence of this to Grantee staff, and this information and Grantee's staff response shall be appended to this contract. L Developer fee allowed per dwelling unit: The allowed developer fee is 10% of the purchase price and a fixed amount of $1,000 per dwelling unit for rehabilitation of each dwelling unit. 'Developer's fee shall be due and payable as (W follows: 3 Page Amended and Re-stated NSP3 Developer Agreement:July 2,2013 173 (W An amount equal to five percent(5%)of the purchase price paid to the seller for the property being acquired shall be due and payable to Developer upon the acquisition of each property by Developer. One thousand dollars($1,000) per unit will be paid upon final inspection approval by Grantee of the rehabilitation of each unit. An amount equal to five percent(5%)of the purchase price paid to the seller for the property shall be due and payable to Developer at the time of resale of the dwelling unit. It is understood by both parties that the Grantee, utilizing NSP funding,will pay all costs associated with the acquisition and rehabilitation of each property, including all closing costs and recording fees. It is understood by both parties that Developer is responsible for obtaining property insurance, coordinating yard maintenance, providing all utilities, paying all property taxes,and maintaining the acquired housing units; however,the cost of all services required for each housing unit, beginning at initial acquisition of the property by Developer and ending at resale of the property,will be paid by Grantee utilizing NSP funding or paid by the Developer and reimbursed by Grantee utilizing NSP funding. (W j. Allowed amount of NSP3 Homeowner Financial Assistance per buyer: The allowed amount of NSP3 Homeowner Financial Assistance per Buyer is described in the Program Manual. The total amount of Homeowner Financial Assistance will be recaptured and the obligation secured by a promissory note and mortgage with the Grantee named as lien holder, with an amount and terms as defined elsewhere in this section and in the Program Manual. k. Minimum cash contribution by buyer: Each buyer of an NSP3 home will provide a minimum amount of cash or family gifts toward the combined down payment and closing costs,as described in the Program Manual. I. Acquisition, rehabilitation/construction and soft costs listed in Exhibit A are not subject to per-home cost limits on a line-item basis, but must be reasonable and ordinary costs of development and, in the aggregate, must conform to the per- home cost limits and average costs described in Section I(A)(4). No NSP3 funds may be spent for purchases of equipment or furnishings. m. Accounting for expenditures: Developer will account for total NSP3 expenditures per home by means of assigning an accounting code for NSP3-funded or reimbursed expenses for each property and another accounting code, if applicable, for non-NSP3 funded expenditures (if any). At the time of the sale of an NSP3-assisted home, Developer will provide Grantee with a complete accounting of NSP3 expenditures for that home and non-NSP3 expenditures, if any. The separate (W accounting of NSP3 and other funds used is required for establishing the maximum 4 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 174 allowed sale price and will provide necessary financial data on NSP3-funded expenditures in the event of a HUD audit of program activities. n. Sale price: The sale price of an NSP3 home shall either be the after- rehabilitation market value of the home or the total amount of NSP3 and non-NSP3 expenditures spent on the home, whichever is less. The market value of a home will be determined in accordance with the provisions in the Program Manual. o. Establishment of a lien in favor of Grantee: Upon sale of an NSP3- funded home, Developer will cause the homebuyer(s) to execute a promissory note and mortgage in favor of Grantee for the combined amount of the Homeowner Financial Assistance as defined herein and in the Program Manual. The note and mortgage must be prepared by Developer using forms provided by Grantee. Grantee must review and approve the language inserted in these form documents prior to the documents being executed by the homebuyer(s). p. Repayment of net proceeds of sale to Grantee: Upon sale of an NSP3- funded home, Developer or applicable closing agent will transmit the net proceeds of sale to Grantee. Net proceeds of sale are defined as follows: L The sale price of the home; ii. (Minus)the amount of any Homeowner Financial Assistance provided to buyer,as defined herein and in the Program Manual, and described on the settlement statement; iii. (Minus) Developer costs of sale as documented by the settlement statement, including but not limited to seller-paid closing costs; iv. (Plus)Any reimbursements to Developer of costs previously paid or reimbursed with NSP3 funds,such as pro-rated taxes and assessments. 5. NSP3-assisted homes must be sold only to income-qualified households in the categories described in the Grantee's Agreement with the U.S. Department of Housing and Urban Development and in at least the minimum numbers of households required by that agreement. 6. Environmental reviews:Grantee is responsible for completing site specific environmental reviews Developer shall share with Grantee any information learned that may be useful to Grantee in preparing each site specific environmental review. 7. Developer is responsible for contracting with one or more agencies that are qualified to provide required 8 hour pre-purchase counseling and homebuyer education to prospective homebuyers in Developer's home sales program. Alternatively, if Developer is or becomes HUD certified to provide the required 8 hour pre-purchase counseling and homebuyer education,and if HUD allows for it, Developer may provide 5 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 175 the counseling. Developer shall ensure that qualified homebuyers have successfully (W completed the HUD certified homebuyers educational course prior to purchasing a NSP3 property. B. Grantee Responsibilities Grantee is responsible for the following tasks and deliverables. 1. Approving each property purchase as described herein and in the Program Manual. 2. Completing Tier 1 environmental assessments and providing Tier 1 clearances for all NSP3 target areas, as well as preparing site-specific environmental reviews. 3. Managing all draws of NSP3 funds from HUD and payment of valid and properly documented draw requests from Developer. 4. Reporting to HUD via the Disaster Reporting Government Reporting (DRGR) system, using, in part,data provided by Developer. 5. Monitoring all program activities of Developer to assure compliance with the terms of this Agreement, including all NSP3 requirements. (W -6. Processing requests for disbursements of NSP3 funds in a timely manner (eligible acquisition, rehabilitation, maintenance, and sale costs); Grantee will clearly and promptly describe any deficiencies identified by Grantee that prevent a disbursement or portion of a disbursement from being approved. Upon the request of Developer, Grantee must promptly itemize and describe such deficiencies in writing. 7. Ensuring that information is reported in the Disaster Recovery Grant Reporting (DRGR) system in a timely manner. Grantee must comply with the NSP3 performance reporting requirements and with any additional reporting requirements announced by HUD at any time during the duration of this agreement C. Income Eligibility Requirements In accordance with the Wall Street Reform and Consumer Protection Act of 2010, Developer will use all NSP3 funds to assist individuals and families whose incomes do not exceed 120 percent of area median income.Grantee is responsible for ensuring that 25 percent of the total grant is used for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties to house individuals and families whose incomes do not exceed 50 percent of area median income.; Developer will use NSP3 funding for individuals and families at or below 50 percent of area median income as required by provisions elsewhere in this agreement. 6 Page Amended and Re-stated NSP3 Developer Agreement: July 2,20 176 D. Developer Staffing The names and roles of Developer's key personnel (staff or contractors) executing the project are as follows: Chief Executive:Andrew R. Bowler NSP3 Project Manager:Susan Reaves Construction Manager: Larry Gibson Financial staff person responsible for approving submission of NSP3 payment requests:Sara Mayo E. Performance Monitoring Grantee will monitor the performance of Developer based on goals and performance standards as stated above along with all other applicable federal,state and local laws, regulations,and policies governing the funds provided under this contract.Substandard performance as determined by Grantee will constitute noncompliance with this Agreement. If corrective action is not taken by Developer within a reasonable period of time after being notified by Grantee, contract suspension or termination procedures will be initiated. Developer agrees to provide HUD,the HUD Office of Inspector General,the General Accounting Office, (W Grantee,or Grantee's internal auditor(s)access to all records related to performance of activities in this agreement. F. Progress Reports and Other Reports Developer hereby agrees to provide in a timely manner all necessary progress reports and other reports required by Grantee on forms to be provided by Grantee. II. TIME OF PERFORMANCE A. Start and Completion Dates Services of Developer shall start upon execution of this agreement by Indian River County and Developer and end on the 31St day of December 2015 with at least S1.500,428. in combined Grantee and Developer NSP3 funds having been expended by March 9,2014(see Section IIIA.of this agreement for the specific Grantee and Developer allocations).Grantee may,at its sole discretion,and if not disallowed by HUD, administratively approve at the staff level up to a 1 year extension for either of the dates referenced above for expenditure of NSP3 funds.The allowance for an extension of either or both deadlines must be in writing as described in Section III.C. below. (W 7 I Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 177 Notwithstanding the above allowed extensions,the term of this Agreement and the (W provisions herein shall be extended to cover any additional time period during which Developer is responsible for NSP3 reporting or compliance measures or remains in control of NSP3 assets. III. BUDGET A. Program Budget With NSP3, there is a base grant allocation from HUD to Grantee of$1,500,428. Of that $1,500,428 in base grant funds,Grantee hereby allocates$1,350.386 to Developer for NSP3 allowed/required housing acquisition, rehabilitation, maintenance,and re-sale activities. The remaining$150,042 of the$1,500,428 base grant is reserved for Grantee to cover costs for administering the NSP3 grant. While the$150,042 is reserved for Grantee's use, it is understood that Grantee may not need all of the$150,042. Therefore,a portion of these funds may become available for Developer's acquisition, rehabilitation, maintenance,and resale activities.The specific amount of these funds available to Developer(if any)will be determined by Grantee staff during the duration of the grant. Besides NSP3 base grant funds, a projected additional$1,300,000 in NSP3 Program Income funds will be available for Grantee and Developer use through December 2015(this date may be extended pursuant to Section II.A.of this agreement). These Program Income funds are funds returned to the Grantee by Developer from the sale of NSP3 housing units. Per current HUD rules, Program Income must be used to continue NSP3 activities. Grantee hereby allocates un to$1.300.000 in Program Income Funds to Developer(in addition to the$1,350,386 in base grant funds)for NSP3 allowed/required housing acquisition, rehabilitation, maintenance,and re-sale activities. These Program Income funds will be available to Developer only as the funds become available to the Grantee(i.e.from the return of NSP3 funds from the sale of housing units). It is understood that a portion of the Program Income funds will be used by Grantee as needed for its NSP3 related activities and will not be allocated to Developer. Developer must coordinate with Grantee on a regular basis to identify the amount of available Program Income funds. It is also understood that the$1,300,000 in projected Program Income funds is not a hard number and, because of this,the total amount of Program Income funds that will be generated and available for Developer's NSP3 activities may be less. B. Additional Budget Details A detailed project budget and cash flow projections are included in Exhibit A. In addition,Grantee may require more detailed or different budget breakdowns than the one contained herein, and Developer shall provide such supplementary budget information in a timely fashion in a form and content prescribed by Grantee. 8 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 178 C. Recapture and Reallocation of Developer's Allocation of NSP3 Funds If Developer fails to expend NSP3 funds as indicated and as required by this agreement, Grantee at its sole discretion may recapture a portion or all of Developer's total NSP3 funding allocation.The portion recaptured will be equal to Grantee's estimate of the amount of NSP3 funds that would remain unspent by the spending deadlines described herein, based on Developer's activities to date and capacity to complete the work. In addition,the amount of Developer's NSP3 funding allocation that is not obligated or expended by the deadlines in Section II herein will be recaptured immediately unless Grantee grants an extension of the deadline in writing based on extenuating circumstances and compelling evidence that obligations will be completed during the extended period. IV. PAYMENT It is expressly agreed and understood that the total amount of NSP3 funds to be paid by Grantee to Developer under this Agreement shall not exceed the amount described in Section IIIA. herein plus additional amounts allocated, if any. Requests for the payment of eligible expenses shall be associated with the budget line items in Exhibit A and in accordance with performance. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), (W commercial courier, personal delivery,e-mail,or sent by facsimile or other electronic means.Any notice sent as aforesaid shall be effective on the date of sending.All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Indian River County Indian River Habitat for Humanity. Inc. Grantee Developer Robert M. Keating, Community Andrew R. Bowler, President/CEO Development Director Name&Title Name&Title Indian River County Indian River Habitat for Humanity Grantee Developer 180127th Street,Vero Beach, FL 32960 4568 N. US Highway 1,Vero Beach, FL 32967 [Address] [Address] (772)226- 1246 (772)562-9860 [Telephone] [Telephone] (W 9 1 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 179 (772)978-1806 (772)562-8732 (W [Fax Number] [Fax Number] bkeatine@irc ov.com abowler@:irchabitat.org [E-mail] [E-mail] VI. ENTIRE AGREEMENT This agreement between Grantee and Developer for the use of funds eligible for receipt supersedes all prior or contemporaneous communications and proposals,whether electronic,oral,or written between Grantee and Developer with respect to this Agreement. Additional requirements associated with this agreement are described in Exhibits A and B. Date IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher,Chairman (W ATTEST BY: Jeffrey K.Barton,Clerk INDIAN RIVER HABITAT FOR HUMANITY(DEVELOPER) BY: Andrew R. Bowler, President/CEO WITNESS BY: Signature BY: Printed Name of Witness AP AST O LE AL SUFFICIENCY ( )C.awe V Alan Polack ch,County Attorney 10 1 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 180 HOME DEVELOPMENT ACTIVITIES 0 Acquisition agreements(housing units 13 1 1 1 1 1 1 ig Acquisition closings(housing units 12 1 1 1 1 1 1 1 19 Construction s act's completed units 13 1 1 1 1 1 1 19 Rehabs/new construction completed units 3 2 1 2 2 1 1 2 1 1 1 1 1 19 Housing units sold 3 21 11 2 21 1 3 1 1 1 1 1 19 INCOME TARGETING AND SETASIDE EXPENDITURES x Projected#of homes sold to households u50%AMI* (actual#may vary) 1 1 1 1 1 1 1 7 Projected#of homes sold to households at<120%AMI actual#may vary) 2 1 1 1 1 1 2 1 1 1 1 12 Pe" PROJECTED AVERAGE SF UNIT COSTS NSP Funded Other Fundin Total NOTES Purchase p rice of property acquired $0 $63,500 No fees or soft costs may be charged except those below , Acquisition develo r ee $0 $3,175 Fee must cover costs of research and other acquisition costs not described in other line items Acquisition:prorations,legal title and recording costs $0 $2,000 0 Rehabilitation construction $0 $22,150 Includes site security costs Rehab constructondevelo r ee $0 $1,000 0 Real estate taxes during holding period $0, $1500 N Property and liability Insurance during holdin erlod $0 $1500 0 2nd closing-prorations,legal,title and recording costs $0 $2,000 Down payment assistance to buyers not included-will be"paper transfers"on the settlement sheets y Commission for sale of home to homebuyer $o $0 Final develo r ee rsale0 $3175 0 Total Costs 100 000 $0 $100,000 r,+, Z PROJECTED DEVELOPER NSP FUNDS EXPENDED Acquisition costs $824,1001 $68,675 $0 $0 $68.6751 $0 $686 0 $0 $68.6751 $68,675 $68,6751 $68,675 so $0 $1,304,825 N Constuction period costs at end ofperiod) $78,450 $52 300 $26150 $52,300 $52,300 $261 $26,150 $52,3001 26,150 $26150 26150 $26,1501 $26,150 $0 0 $496,850 Marketing,sales and closing period costs $15 25 $0 $0 $10 50 $S,175 S10,3S $10 50 $5,175 $15,5251 $0 $5175 $S175 $5,1751 $5.175 $5.175 $0 $98,325 TOTAL PROJECTED NSP EXPENDITURES $918075 $68675 $52 00 $36 00 $126150 $62650 $105175 $31 25 $67,8251 $26150 $100000 $100000 $100,0001 $100.000 $5175 $0 $1900,000 CUMULATIVE PROJECTED NSP EXPENDITURES $918075 $986750 1039,050 $3.075,55 $1201700 $1264,350 1 69 25 $1400850 $1468675 $1,494825 $1594825 $1694825 $1794825 $1825 $1900000 $1900000 ESTIMATED PORTION SPENT ON 25%SETA SIDE' 0. 894 $700 000 0 •A sufficient number of homes will be acquired,rehabilitated,and sold to meet the required 259 setaside NSP3 expenditure requirement e0.} 0 Q. W Q. 0 M.i W j Exhibit B: Additional Requirements I. GENERAL CONDITIONS A. General Compliance Developer agrees to comply with all NSP3 requirements, including those found in the NSP3 Grant Agreement,the Wall Street Reform and Consumer Protection Act of 2010,the HERA Act of 2008 and/or the Recovery Act of 2009(as applicable), and the requirements applicable to entitlement communities under CDBG regulations. Developer also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. Developer further acknowledges its responsibility for adherence to all applicable terms and conditions of this grant award by sub-recipient entities and contractors, including obtaining a DUNS number(or updating the existing DUNS record),and registering with the Central Contractor Registration. Developer further agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available.. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. Developer shall at all times remain an "independent contractor"with respect to the services to be performed under this Agreement.Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as Developer is an independent contractor. C. Workers' Compensation Developer shall provide Workers'Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. D. Suspension or Termination In accordance with 24 CFR 85.43 or 84.62,Grantee may suspend or terminate this Agreement if Developer materially fails to comply with any terms of this Agreement,which include(but are not limited to)the following: 1. Failure to comply with any of the statutes, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD policies or directives as may become applicable at any time; 2. Failure, for any reason, of Developer to fulfill in a timely and proper manner its obligations under this Agreement; (W 3. Ineffective or improper use of funds provided under this Agreement; or 12 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 182 4. Submission by Developer to Grantee of reports that are incorrect or (W incomplete in any material respect. This Agreement may also be terminated for convenience by mutual agreement between Grantee and Developer, in whole or in part, by setting forth the reasons for such termination, the effective date,and, in the case of partial termination,the portion to be terminated. If, in the case of a partial termination,Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made,Grantee may terminate the award in its entirety.Such a termination shall be carried out only with the explicit written approval from HUD. E. Insurance and Bonding 1. In General. Developer, at his sole expense, shall purchase and maintain in full force and effect during the term of this Agreement and any renewals thereafter, policies of insurance as provided in this section naming Grantee as co-insured on all such policies. Developer shall furnish to Grantee binders or policies showing the insurance in force as the time of commencement of the present term. 2.Commercial General Liability and Commercial Automobile Insurance. Developer shall purchase and maintain in full force general liability insurance in an amount of not less than $1,000,000.00 per occurrence for injuries or death to persons and $100,000.00 per occurrence for damage to property. This insurance shall be written with an acceptable company authorized (W and licensed to do business in the State of Florida and shall be written in a form acceptable to Grantee. Said insurance shall be taken out prior to beginning any operation and shall be kept in effect until all operations have been successfully terminated. Copies,or the originals as the case may be, shall be furnished to Grantee and shall be approved by Grantee before Developer begins performance under this agreement. Developer shall designate Grantee as an additional insured on all such policies, and such policies shall provide for thirty (30) days written notice of cancellation to the Grantee. Further, Developer shall provide Grantee with an additional insured endorsement page from each policy in a form acceptable to Grantee. Grantee reserves the right to approve or reject any deductible amounts in the required coverage. Developer shall provide at least ten (10) days prior notice to Grantee before any termination or reduction in coverage. Liability insurance may be obtained through a separate policy or through the required policies described in subsection (c) below. 3. Property/Casualty and Builder's Risk Insurance. Prior to taking title to any NSP3- assisted property, Developer will obtain a property and casualty or builder's risk insurance policy that insures the property for losses up to the amount of estimated replacement costs, which may not be less than the estimated amount of investment in the property as described in the Project Budget. If the Project Budget is increased, the amount of coverage must be increased accordingly. If Developer cannot obtain insurance coverage in the total amount of investment in the property after making best efforts, Grantee at its sole discretion may give written approval of a lesser amount of coverage. Developer shall designate Grantee an additional insured on all such policies and such policies shall provide for thirty(30) days written notice of cancellation to Grantee. Further, Developer shall provide Grantee with an additional insured endorsement page from each policy in a form acceptable to Grantee. Grantee reserves the right to approve or 13 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 183 reject any deductible amounts in the required coverage, Developer shall provide at least ten (10)days prior notice to the Grantee before any termination or reduction in coverage. 4. Workers' Compensation Insurance: Developer shall carry Worker's Compensation Insurance in accordance with requirements listed in Florida Statutes. 5. Developer alone shall be responsible for investigation and payment of claims not covered by insurance. Grantee shall not in anyway be responsible for payment of any claims determined to be Developer's responsibility under this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards Developer is not subject to the provisions of 24 CFR Part 84 and 24 CFR Part 85, which apply only to governmental entities and nonprofit subrecipients carrying out NSP3 programs. Under this agreement, Developer is not a subrecipient, regardless of whether Developer is a nonprofit or for-profit entity. Developer will use adequate internal controls,and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement or the (W Program Manual. 2. Cost Principles OMB Circulars A-87, "Cost Principles for State, Local and Indian Tribal Governments," A-122, "Cost Principles for Non-Profit Organizations," and A-21, "Cost Principles for Educational Institutions,"do not apply to this developer agreement. B. Documentation and Record Keeping 1. Client Data The Developer shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service or benefit provided. Such information shall be made available upon request to Grantee monitors or their designees for review. 2. Records to be Maintained Developer shall maintain all records required by Federal regulations specified in 24 CFR 570.506. Such records shall include but not be limited to: 14 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 184 a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken benefits low-, moderate-,or middle-income persons. c. Records required to determine the eligibility of activities and the eligibility of all properties assisted; d. Records required to document the purchase and sale amounts of each property, discounts, and the sources and uses of funds for each activity; e. Records documenting compliance with the fair housing and equal opportunity requirements of the NSP3 program, including but not limited to the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the program; f. Records documenting efforts to ensure that the initial successor in interest in a foreclosed upon dwelling or residential real property has complied with the tenant protection requirements. g. Financial records; and h. Other records necessary to document compliance with Subpart K of 24 CFR (W Part 570. 3. Retention Developer shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date that Grantee submits its first quarterly performance report to HUD via DRGR. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues,or the expiration of the five-year period,whichever occurs later. 4. Disclosure Developer understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of Grantee's or Developer's responsibilities with respect to services provided under this contract, is prohibited by law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs (W 15 Page Amended and Re-stated NSP-3 Developer Agreement: July 2,2013 185 Developer's obligation to Grantee shall not end until the US Department of 4IW Housing and Urban Development completes all close-out requirements for the NSP3 grant.Activities during this close-out period shall include, but are not limited to: making final payments; disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, and accounts receivable to the Grantee) and determining the custodianship of records. The terms of this Agreement, however, shall remain in effect during any period that Developer has control over NSP3 funds, including program income. 6. Audits& Inspections All Developer records with respect to any matters covered by this Agreement shall be made available to Grantee, Grantee agency, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Developer within 30 days after receipt by Developer. Failure of Developer to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments or termination of this agreement. C. Reporting and Payment Procedures (W 1. Indirect Costs Direct and indirect costs of staff cannot be charged by Developer. Developer will be reimbursed for internal costs through a developer fee as specified in this Agreement. 2. Payment Procedures Grantee will pay to Developer funds available under this Agreement based upon information submitted by Developer and consistent with any approved budget and Grantee policy concerning payments. Payments will be made for eligible NSP3 related expenses actually incurred by Developer, and will not exceed actual cash requirements. Payments will be adjusted by Grantee in accordance with advance fund and program income balances available in Developer accounts. In addition, Grantee reserves the right to liquidate funds available under this contract for costs incurred by Grantee on behalf of Developer. HUD, through the Disaster Recovery Grant Reporting (DRGR) system, generally provides access to grant funds within 3 working days of an electronically submitted request by Grantee.To ensure expeditious implementation of activities, Grantee agrees to draw funds from the line of credit and make payment to Developer within 10 working days of receipt of Developer's complete and properly submitted requests for payment for activities under this agreement, if feasible. Developer agrees to submit requests for (W payment in a timely manner in the form and at the times directed by Grantee. 16 Page Amended and Re-stated NSP3 Developer Agreement: July 2,2013 186 I Progress Reports Developer shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement 1. Compliance Developer shall maintain inventory records of all non-expendable personal property as may be procured with funds provided herein. All program assets (unexpended program income, property, etc.) not otherwise disposed of in the closeout agreement shall revert to Grantee upon termination of this Agreement. 2. Procurement Process Developer is not subject to Part 85 or Part 84 of Title 24 of the Code of Federal Regulations and is not required to competitively procure materials, property, or services. With respect to selecting contractors, however, Developer,shall ensure that: • All estimated costs are eligible, reasonable and necessary • The contractor has the needed capacity and expertise • The contractor is not federally debarred E. Use of and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84[or Part 85] and 24 CFR 570.503, 570.504,and 570.505, as applicable,which include but are not limited to the following: 1. Developer shall transfer to Grantee any NSP3 funds on hand and any accounts receivable that are attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination, unless otherwise specified in the HUD closeout agreement with Grantee. 2. Real property under the Developer's control that was acquired or improved, in whole or in part, with funds under this Agreement shall be used in accordance with this Agreement If Developer fails to use NSP3-assisted real property in a manner that meets NSP3 affordability and benefit requirements within and for the prescribed period of time, Developer shall comply with the applicable sections under 24 CFR 570.503, 570.504,and 570.505. 111. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE (W HOUSING REPLACEMENT 17 1 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 187 (W Developer agrees to comply with(a)the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA),and implementing regulations at 49 CFR Part 24;24 CFR Part 42 —Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606—Displacement, relocation acquisition,and replacement of housing. Developer shall provide appropriate relocation assistance (URA or section 104(d))to eligible displaced persons as defined by applicable HUD and/or URA regulations who are displaced as a direct result of acquisition, rehabilitation,demolition or conversion for an NSP3-assisted project. Developer also agrees to comply with applicable Grantee or local ordinances, resolutions and policies concerning the displacement of persons. Developer will not use NSP3 funds to demolish major structures or convert units from non-residential uses. IV. TENANT PROTECTION REQUIREMENTS Developer agrees to comply with the Recovery Act provisions concerning tenant protections applicable to NSP3 acquisitions of foreclosed property. Developer must document its efforts to ensure that the initial successor in interest(ISII) in a foreclosed upon dwelling or residential real property(typically,the ISII in property acquired through foreclosure is the lender or trustee for holders of obligations secured by mortgage liens) has provided bona fide tenants with the notice and other protections outlined in the Recovery Act. Developer will not use NSP3 funds to finance the acquisition of property from any ISII that (W failed to comply with applicable requirements unless Developer assumes the obligations of such ISII with respect to bona fide tenants. If Developer elects to assume such obligations, it may do so only if the tenant is still occupying the property and will provide any tenant displaced as a result of the NSP3 funded acquisition with the assistance outlined in 24 CFR 570.606. If Developer knows that the ISII did not comply with the NSP3 tenant protection requirements and vacated the property contrary to the NSP3 requirements, NSP3 funds cannot be used to acquire such properties. V. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1.Compliance Developer agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, section 104(b) and section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination 18 ( Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 p 188 Developer agrees to comply with the non-discrimination in employment and (W contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in section 109 of the HCDA are still applicable. 3. Section 504 Developer agrees to comply with all Federal regulations issued pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against individuals with disabilities or handicaps in any Federally assisted program. Grantee shall provide Developer with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1.Presid_.nxial_Executive Order 11246 of September 24 1966 Developer agrees that it shall be committed to comply with Affirmative Action requirements of the President's Executive Order 11246 of September 24, 1966 (as applicable). The following provisions of Executive Order 11246 "a" and "b" are applicable to all LW contracts and subcontracts; provisions "c" through "g" are applicable to all non-exempt construction contracts and subcontracts which exceed$10,000; During the performance of this contract, Developer agrees as follows: a. Developer shall not discriminate against any applicant for purchase of housing units or applicant for employment because of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law. DEVELOPER shall take affirmative action to ensure that applicants who are employed are treated during employment without regard to their race, color, creed, religion, sex, age, handicap, disability, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. DEVELOPER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of his nondiscrimination clause. b. Developer will, in all solicitations or advertisement for applicants to qualify for purchase of housing units, or employees placed by or on behalf of DEVELOPER, state that all qualified applicants will receive consideration for qualification or employment without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, or any other basis prohibited by applicable law. 19 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 189 C. Developer will send to each labor union or representative or workers with which (W it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers representatives of Developer commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. Developer will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, of September 24, 1965, as amended by Executive Orders 11375 and 12086, copies of which are on file and available at County, and of the rules, regulations,and relevant orders of the Secretary of Labor. e. Developer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. f. In the event of Developer's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled,terminated,or suspended in whole or in part, and Developer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise (W provided by law. g. Developer will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended,so that such provisions will be binding upon each subcontractor or vendor. Developer will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however,that in the event a Developer becomes involved in, or is threatened with, litigation withy a subcontractor or vendor as a result of such direction by HUD, Developer may request the United States to enter into such litigation to protect the interests of the United States. 2.Women-and Minority-Owned Businesses(W/MBE) Developer will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract.As used in this contract,the terms"small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by (W minority group members or women. Developer may rely on written representations by 20 Page Amended and Re-stated NSP 3 Developer Agreement: July 2, 2013 190 businesses regarding their status as minority and women-owned business enterprises in (W lieu of an independent investigation. 3.Access to Records Developer shall furnish and cause each of its own Developers or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action(EEO/AA)Statement Developer will, in all solicitations or advertisements for employees placed by or on behalf of Developer, state that it is an Equal Opportunity or Affirmative Action employer. 5.Subcontract Provisions Developer will include the provisions of Paragraphs V.A, Civil Rights, and V.B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Developers or subcontractors. (W C. Employment Restrictions 1. Prohibited Activity Developer is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards Developer agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Developer agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. Developer shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to Grantee for review upon request. Developer agrees that, except with respect to the rehabilitation or construction of residential property containing fewer than eight (8) units, all contractors engaged (W under contracts in excess of $2,000.00 for construction, renovation or repair work 21 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 191 financed in whole or in part with assistance provided under this contract, shall comply (W with Federal requirements adopted by Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Developer of its obligation, if any, to require payment of the higher wage. Developer shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3"Clause a. Compliance Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon Grantee, Developer and any of Developer's grantees and subcontractors. Failure to fulfill these requirements shall subject Grantee, Developer and any of Developer's grantees and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Developer certifies and agrees that no contractual or (W other disability exists that would prevent compliance with these requirements. Developer further agrees to comply with the Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Developer further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low-and very low-income persons residing within the metropolitan area in which the NSP3-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- (W based paint hazards), housing construction, or other public construction project to 22 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 192 business concerns that provide economic opportunities for low- and very low-income (W persons residing within the metropolitan area in which the NSP3-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Developer certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications Developer agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts Developer will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by Grantee's agency. Developer will not subcontract (W with any entity where Developer has notice or knowledge that the entity has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1.Assignability Developer shall not assign or transfer any interest in this Agreement without the prior written consent of Grantee thereto and HUD; provided, however, that claims for money due or to become due to Developer from Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee. 2. Subcontracts a.Approvals Developer shall not enter into any subcontracts over $100,000 with any agency or individual in the performance of this contract without the written consent of (W Grantee prior to the execution of such agreement. 23 Page Amended and Re-stated NSP3 Developer Agreement: July 2,2013 193 b. Monitoring (W Developer will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content Developer shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process Although Developer is not subject to Part 85 or Part 84 of Title 24 of the Code of Federal Regulations and is not required to competitively procure materials, property, or services. With respect to selecting contractors/subcontractors Developer,shall ensure that: o All estimated costs are eligible, reasonable and necessary o The contractor/subcontractor has the needed capacity and expertise o The contractor/subcontractor is not federally debarred (W Executed copies of all subcontracts shall be forwarded to Grantee. 3. Hatch Act Developer agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the United States Code. 4. Conflict of Interest Developer agrees to abide by the provisions of 24 CFR 84.42 and 570.611,which include(but are not limited to)the following: a. Developer shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of Developer shall participate in the selection,or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent,would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to NSP3-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to 24 Page Amended and Re-stated NSP3 Developer Agreement: July 2,2013 194 such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the NSP3- assisted activity, or with respect to the proceeds from the NSP3-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of Grantee, Developer, or any designated public agency. 5. Lobbying Developer hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;and c. Developer will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Developers shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or inventions, HUD reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or 25 Page Amended and Re-stated NSP3 Developer Agreement: July 2,2013 195 otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities Developer agrees that it will comply with 24 CFR 570.200(j)so that funds are not used to support inherently religious activities. VI. ENVIRONMENTAL CONDITIONS A. Air and Water Developer agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401,et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001), Developer shall assure that,for activities located in an area identified by the Federal Emergency Management Agency(FEMA)as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). C. Lead-Based Paint Developer agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35,Subpart B.Such regulations pertain to all NSP3-assisted housing and require that all owners, prospective owners,and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint.Such notification shall point out the hazards of lead-based paint and explain the symptoms,treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under 26 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 196 seven.The notice should also point out that if lead-based paint is found on the property, (W abatement measures may be undertaken.The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation Developer agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966,as amended (16 U.S.C.470)and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties,insofar as they apply to the performance of this agreement. In general,this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal,state,or local historic property list. VII. ENVIRONMENTAL REVIEW All NSP3 assistance is subject to the National Environmental Policy Act of 1969 and related federal environmental authorities and regulations at 24 CFR part 50 or 58. (W VIII. REHABILITATION STANDARDS Residential structures purchased under this program that are not deemed beyond feasible repair(repairs exceeding 50%of the value of the structure)will be rehabilitated as needed to meet the following: 1. HUD Section 8 Housing Quality Standards (24CFR982.401) 2. Local Zoning Requirements 3. State of Florida Building Code 4. The local building code 5. Modern, Green Building and Energy-Efficiency Criteria 6. Florida Energy Efficiency Code for Building Construction (Newly Constructed Housing Units) 7. Accessibility requirements of 24 CFR Part 8, 24 CFR 100.201, and 24 CFR 100.205 as applicable. IX. ELIGIBILITY AND ALLOWABLE COSTS Developer will ensure and document that its NSP3 activities meet eligible use, allowable cost,and eligible activity requirements of NSP3. X. PURCHASE DISCOUNT 27 1 Page Amended and Re-stated NSP3 Developer Agreement: July 2, 2013 197 Developer will acquire property with NSP3 funds at a minimum discount of one percent for each foreclosed residential property.This requirement applies to all properties purchased with NSP3 funds, and the discount must be taken from the current market appraised value. XI. EMINENT DOMAIN Developer will not undertake any involuntary acquisition of property with NSP3 funds without prior written consent of the Grantee and written opinion of counsel that such acquisition is lawful. XII. SEVERABILITY If any provision of this Agreement is held invalid,the remainder of the Agreement shall not be affected thereby,and all other parts of this Agreement shall nevertheless be in full force and effect. XIII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIV. WAIVER ,, Grantee's failure to act with respect to a breach by Developer does not waive its right to act with respect to subsequent or similar breaches.The failure of Grantee to exerci+te or enforce any right or provision shall not constitute a waiver of such right or provision. F:\Community Development\CDBG\2010 NSP\CONTRACTS\Developer Agreement\AMENDMENT#1\Habitat for Humanity NSP3 Agreement- Amended and Re-stated V2.doc 28 1 Page Amended and Re-stated NSP3 Developer Agreement: July 2,2013 198 Exhibit C. NSP3 arget Area Flap -'-, p1� 3 1 ,.9_ {. 11 r � __ wVAtc?�8t ° yGjlan+da Rd } k r r )7-�Pr 4 44,IkV 5 S 2 Itt St SW 3 i !C rJ i Indian'River Co - - ---- - , S Lucie County r '` .•...( '' f} '` '' • ' NMLBt90 by � . ,5 ";- ,.'�` -Ten'rts of X29 Page Amended and Re-stated NSP3 Developer Agreement: July 2,2013 Cfl Cfl Project Budget:A budget for all acquisition, rehab/construction and soft costs for a particular %W home that Developer must submit to Grantee prior to committing to purchase any property for use in the NSP3 program. III. Key Terms of NSP3 Financing Developer's expenditures for program delivery will be limited as follows: A. Funding of Demolition Costs Developer shall not use NSP3 funds to acquire properties that may need to be demolished, and Developer shall not use NSP3 funds to demolish properties. B. Maximum NSP3 Expenditure Per Dwelling Unit any expenditffe. Developer may spend no more than $100,WA 130 000 on any single dwelling unit, unless Grantee gives written approval to an additional amount due to the strategic value of a property for the NSP3 program or unforeseen costs that were beyond the control of Developer. C. Maximum Development Subsidy Per Unit The development subsidy per dwelling unit, defined as the amount of NSP3-funded (W investment in excess of the market value that does not have to be recaptured from Developer or the homebuyer, may not exceed $5,QW- 18 000 unless approved by grantee to reflect unusual/changed circumstances, See Section IX. of this Manual for more detailed requirements. D. Developer Fee Allowed Per Dwelling Unit See the Agreement between Developer and Grantee. E. General Contractor Fee Allowed If Developer is acting as general contractor and thus hiring and managing subcontractors, Developer may charge an additional fee in the form of a 10%'mark-up of subcontractor costs. Developer's reimbursement requests for construction costs may include a 10% mark-up of all valid, documented costs of subcontractors who have performed construction work. Such mark-up, however, may not be applied to non- construction costs such as taxes, insurance, security, general requirements, or working capital costs. No such fees will be paid to Developer for any NSP3 property that is rehabilitated or built by a third-party general contractor. All general contractors performing work on NSP3-assisted projects must be properly licensed. %awl F. Allowed Sales Fee or Commission and Marketing Costs Modification #1:July 2, 2013 2 Attachment 2 200 Copy of Proposed Modified NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual (on file at the BCC office) Naw Attachment 3 201 1RA COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jose A. Baird; County Administrator 0 12.1 FROM: __10" 0 obert M. Keating, AI P; ommunity elopment Director DATE: June 21, 2013 SUBJECT: Request for the Board of County Commissioners to Approve the Impact Fee Update Consultant Services Contract with Tindale-Oliver and Associates and to Authorize the Board Chairman to Sign the Contract It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 2,2013. 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 Indian River County. According to the Indian River County Impact Fee Ordinance,the County must periodically review and update its impact fee schedule. Since the last review was performed in 2009, a new impact fee review is due at this time. With that in mind, staff prepared a draft Scope of Services for an Impact Fee update, and the BCC approved the scope in February,2013. Although the scope contained activities included in a typical impact fee update,the scope also directed the Consultant to develop strategies to reduce non-residential impact fees. On April 4,2013, staff incorporated the approved Scope of Services into an RFP(Request for Proposals)for consultant services and issued the RFP. By the May 9,2013 submittal deadline,the County received one(1) proposal. That proposal was from Tindale-Oliver and Associates. Although only one proposal was received, staff has reviewed the proposal and found the proposal to be acceptable. Since the consultant proposal was found acceptable, staff incorporated the Scope of Services, with revisions proposed by the consultant, into a Draft Impact Fee Update Study Consultant Services Contract. A copy of that draft contract is appended to this staff report as Attachment 1. As structured, the draft contract and scope of services reflect the activities necessary to update the current impact fee schedule as well as address issues raised by the BCC. One such issue is the request from the BCC to incorporate a Commission Workshop into the Scope of Services. That workshop,which is proposed for the purpose of discussing fee formula assumptions and fee reduction alternatives,has been included in the Scope. FACommunity Deve opment\Users\MPO\Meetings\BCC\2013\Impact Fees 070213 BCC.doc 1 202 ANALYSIS The attached Draft Impact Fee Update Study Consultant Services Contract contains tasks authorizing the consultant 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 reducing non-residential impact fees, while minimizing or avoiding increases to residential impact fees. As structured, the Draft Contract 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. Instead of developing alternatives for reducing non-residential impact fees as reflected in the RFP Scope of Services, the consultant proposes to apply its Affordable Growth Model. Through that approach, non- residential impact fees can be reduced by factoring growth rates and the presence of existing infrastructure and services into its impact fee model. The consultant is also proposing to reduce impact fees by"buying down" impact fees for targeted land uses. Under that approach, impact fees may be reduced on non-residential development by subsidizing the payment of the non-residential fee with contributions from other funding sources, such as ad valorum taxes, local option gas taxes, or local option sales taxes. FUNDING Because the County has nine separate impact fees that must be analyzed,the cost of the study is$ 199,839.07. Although this is higher than the cost of the last impact fee update,much of the difference($19,323.93)relates to the development of legally defensible impact fee reduction alternatives,a task not normally included in a typical impact fee update. Nonetheless,the fee compares favorably with past studies conducted by Tindale-Oliver and Associates. For example, Tindale-Oliver charged the County $183,346 to prepare the 2005 study which established eight new impact fees. In 2010,the City of Orlando paid Tindale-Oliver$187,762.52 to prepare an update of just the Traffic Impact Fee. The Board is required by Indian River County Code 1000.13(2)to review impact fee schedules every 3 years. This study will assist the Board in the required review. In this case,the cost of the study will be paid out of the impact fee administration account pursuant to Indian River County Code 1011.04. There are no impacts to the General Fund or any other funding source from this item. RECOMMENDATION Staff recommends that the BCC approve the selection of the sole proposer, Tindale-Oliver and Associates; approve the attached Draft Consultant Services Contract; and authorize the BCC Chairman to execute the Impact Fee Consultant Services Contract. Attachment: 1. Draft Impact Fee Update Study Consultant Services Contract F:Comnunity Dewloptrent\Users\MPO\Meetutgs\BCC\2013Umpact Fees 070213 BCC.d0G 2 203 On APPROVED AGENDA ITEM: Indian River Co, Approved Date FOR: Admin. a7 1 "— Legal Budget 7-113 BY: Dept. 4 Risk Mgr. dpi-25 / Y F:\Community Development\Users\ivIPO\Meetinss\BCC\2013\Impact Fees 070213 BCC.doc J 204 INDIAN RIVER COUNTY IMPACT FEE (W UPDATE STUDY CONSULTANT CONTRACT By and Between INDIAN RIVER COUNTY And TINDALE-OLIVER AND ASSOCIATES, INC. THIS CONTRACT FOR THE INDIAN RIVER County IMPACT FEE UPDATE STUDY between Indian River County, hereafter referred to as "County", and Tindale-Oliver and Associates, Inc., Impact Fee Study Consultant, hereafter referred to as "Consultant" is entered into this day of July, 2013. 1. Duration of the Contract This contract is valid from July_ , 2013 until the impact fee study is done unless canceled by either Consultant or County, after a 30 day written notice. Consultant shall commence work within seven (7) days after receiving the notice to proceed, unless notice to proceed indicates otherwise. II. Scone of Services (W Scope of Services is attached to this contract as Appendix "A". III. Compensation Method (Fees) The professional services described in the Scope of Services, including all travel expenses and other direct expenses, will be provided for a total cost of$199,839.07. 1. County shall pay to Consultant a mutually agreed upon lump sum professional fee for each activity as shown on Appendix "B" of this contract, to be paid in monthly installments as invoiced by Consultant. Each monthly invoice will document the work performed. Upon submittal of an invoice documenting the completion of all or a portion of one or more of the Tasks listed in the Scope of Services, the County Project Manager will determine if the Tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made for the Task, Tasks, or portions thereof. All payments for services shall be made to Consultant by County in accordance with the Local Government Prompt Payment Act (Florida Statutes §218.70 et seq.) 2. The County Project Manager shall have the sole right to reduce (or eliminate, in whole or in part) any portion of the services at any time and for any reason, upon written notice to Consultant specifying the nature and extent of the reduction. In such event, Consultant shall be fully compensated for the services already performed and also for the services remaining to be done and not reduced or eliminated. (aw 205 3. The County Project Manager may, at any time and for any reason, direct Consultant to suspend services (in whole or in part) under this Agreement. Such direction shall be in writing, and shall specify the period during which services shall be stopped. Consultant shall resume its Services upon the date specified, or upon such other date as the County Project Manager may thereafter specify in writing. Where County has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended services may be subject to modification. The period during which the services are stopped by County shall be added to the time of performance of this Agreement; provided, however, that any stoppage of services not approved or caused by the actions or inactions of County shall not give rise to any claim against County by Consultant. 4. The County, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Accordingly, the County's performance and obligation to pay under this Agreement is contingent upon any annual appropriation by the Indian River County Board of County Commissioners. IV. Insurance and Indemnification 1. Consultant shall not commence work on this Agreement until it has obtained all insurance required under this paragraph and sueh insurance has been approved by County's representative. 2. Consultant shall indemnify and hold harmless County, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Consultant and other persons employed or utilized by Consultant in the performance of this Agreement. 3. Consultant shall maintain during the term of this Agreement the following insurance: A. Business Automobile Liability Insurance covering all owned, non-owned and hired vehicles with minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for bodily injury and property damage. B. Commercial General Liability Insurance for premises/operations, products/completed operations, contractual liability, and independent contractors with minimum limits of liability of$1,000,000 per occurrence Combined Single Limit for bodily injury and property damage. C. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereinafter amended. The policy must include Employers Liability with a limit of$100,000 for each accident, $500,000 for disease (policy limit), and $100,000 for disease (employee limit). 4. All insurance policies shall be issued by companies authorized to do business under the laws (W of the State of Florida. All such insurers must have an A.M. Best rating of no less than A - VII. F'Com mly D—lop—Ulm-NfMFYjn InF3013J.p,Fa Conv.,doc 2 206 06 „r 5. Consultant shall furnish certificates of insurance to County prior to the commencement of operations, which certificates shall clearly indicate that Consultant has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the County. 6. Compliance with the foregoing requirements shall not relieve Consultant of its liability and obligations under this section or under any other portion of this Agreement. V. Audit Rights County reserves the right to audit the records of Consultant related to this contract at any time during the execution of the work included herein and for a period of three years after final payment is made. Bills for fees or other compensation for services or expenses shall be submitted to County in detail sufficient for a proper pre-audit and post audit thereof. VI. Other Requirements and Legal Notices • Debarment Consultant certifies that he has not been debarred from bidding, proposing, or contracting for federal, state, or local government programs or activities. • Independent Contractor It is specifically understood and acknowledged by the parties hereto that Consultant or employees or subcontractors of Consultant are in no way to be considered employees of County, but are independent contractors performing solely under the terms of the Agreement and not otherwise. • Assignment Consultant shall not assign this contract without the express written approval of County via executed amendment. • Miscellaneous 1. The terms of this Agreement may be modified upon the mutual agreement of Consultant and County as confirmed in writing. 2. It is mutually agreed between County and Consultant that this Agreement, including all attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for (W the Southern District of Florida. F:ComnWnily NIII m<N',UV?O'ft cj sTIF30131mp Fu Com da 3 207 3. All remedies provided in this Agreement shall be deemed cumulative and additional, and not (W in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 4. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. • Written Notices Any notice of cancellation of this contract shall be in writing and given by certified mail, return receipt requested, or in person with proof of delivery, to the addresses below, or such other address as either party shall have specified by written notice to the other party delivered in accordance herewith: Consultant: Steve Tindale Tindale-Oliver& Associates, Inc. 1000 North Ashley Drive Suite 100 (W Tampa, FL 33602-3719 County: Robert M. Keating, AICP Community Development Director Indian River County 180127 1h Street Vero Beach, FL 32960 Fax #: (772) 978-1806 Phone#: (772) 226-1254 • Termination 1. This Agreement may be terminated: 1) by County, for any reason, upon thirty (30) days prior written notice to Consultant; or 2) by Consultant, for any reason, following thirty (30) days prior written notice to County; or 3) by the mutual agreement of the parties; or 4) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 2. In the event of termination by County, County's sole obligation to Consultant shall be payment for those portions of satisfactorily completed performed work previously authorized. Such payment shall be determined on the basis of the hours of work performed by Consultant, or the percentage of work complete as estimated by Consultant and agreed upon by County up to the time of termination. In the event of such termination, County may, without penalty or F:Con ty Fes C-0 dx 4 208 other obligation to Consultant, elect to employ other persons to perform the same or similar (W services. 3. The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 4. In the event that Consultant merges with another company, becomes a subsidiary or makes any other substantial change in structure or in the following principals or project manager Steve Tindale, P.E., County reserves the right to terminate this Agreement in accordance with its terms. 5. In the event of termination of this Agreement, Consultant agrees to surrender any and all documents prepared by Consultant for County in connection with this Agreement, of which County shall have full ownership thereof. Consultant shall retain copies of such documents for record purposes. 6. In the event that this Agreement is terminated by either party prior to Consultant's satisfactory completion of all work as described in the Scope, the project will be deemed abandoned, and no compensation will be paid by County to Consultant for tasks or portions thereof not yet satisfactorily completed. 7. County may unilaterally cancel this Agreement for refusal by Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by Consultant in conjunction with this Agreement. 8. County may terminate this Agreement in whole or in part if Consultant submits a false invoice to County. VII. CCNA Warranty and Truth-in-Negotiation Certificate 1. Consultant warrants that he has not employed or retained any company or person other than a bona fide employee working solely for Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for Consultant any fee, commission, percentage fee, gifts or any other consideration, contingent upon or resulting from the award of making of this Agreement. For breach of violation of this warranty, County shall have the right to terminate this Agreement without liability. 2. Execution of this Agreement by Consultant shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should County determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants, if any such outside consultants are used with the prior written F Community Fa Comr..td. 5 209 approval of County. County shall exercise its rights under this "Certificate" within one (1) (W year following final payment. County has the authority and right to audit Consultant's records under this provision. County does not hereby waive any other right it may have pursuant to Florida Statutes section 287.055, as it may be from time-to-time amended. VIII. Responsibilities of the Consultant 1. The services rendered by Consultant shall be commenced upon written notice from the County. Consultant agrees to complete the Project within the time frame specified in the Scope of Services. 2. Consultant shall not commence work under this contract until it receives a written Notice to Proceed from the County. 3. Consultant shall submit copies of all proposed changes to the project scope of services for review and approval by County before authorization of any contract change order. After said review and approval by County, changes shall not be effective unless in writing and properly executed by the parties. 4. Consultant, as a part of the consideration hereof, does hereby covenant and agree that: 1) in connection with the furnishing of services to County hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and 2) Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 5. Consultant shall designate a representative to keep County staff informed as to all aspects of the project work. The name and address of Consultant's designated representative is: Steve Tindale, 1000 North Ashley Drive, Suite 100, Tampa, FL 33602. 6. Consultant shall have all records and project work accessible for inspection and review by County at such time as is mutually agreeable to all parties. 7. Consultant shall keep and maintain financial, invoice, and employment records pertaining to the contractual obligation between County and Consultant for pre-audit and post-audit purposes for a period of three (3) years following the completion of all project work, or until all claims and audit findings involving the records have been received, whichever is later. County, or any of its duly authorized representatives shall have access to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcription. 8. Consultant shall forward all documentation as it pertains to the project to the designated County Project Manager. Name: Robert M. Keating Address: Indian River County, 1801 27`h Street, Vero Beach, FL 32960. FS C. .1y"D1.pmnx"(:+ MW Rge. PF 2013].p,Fc Ca do 6 21 0 9. It is understood and agreed that all documents, including reports and other data prepared or obtained by Consultant in connection with its services hereunder, shall be delivered to, and become the property of, County prior to final payment to Consultant. 10. In connection with professional services to be rendered pursuant to this contract, Consultant further agrees to: A. Maintain an adequate staff of qualified personnel. B. Ensure that plans meet all current federal, state and local laws, rules, or ordinances applicable to the work. C. Cooperate fully with County in the scheduling and coordination of all phases of the work. D. Cooperate and coordinate with other County consultants, as directed by County. E. Report the status of the work to County upon request and hold pertinent data, calculations, field notes, records, sketches and other projects open to the inspection of County or its authorized agent at any time. F. Interpret plans and other documents; correct errors and omissions and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost within thirty (30) calendar days of notice by County, or upon a determination of Consultant of the existence of such errors or omissions, whichever event shall first occur. 11. Consultant shall, during the entire term of this Contract, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for Consultant to render its services as described in this Agreement. Consultant shall also require all sub-consultants to comply with the provisions of this section IX. Responsibilities of the County 1. County shall provide Consultant access to appropriate records, documents, and other materials necessary to complete the project. 2. The County Project Manager shall represent County in all technical matters pertaining to the work and performance of this Contract, and his responsibilities shall include: A. Examination of all reports, surveys, and other documents presented by Consultant and rendering, in writing, decisions pertaining thereto within a reasonable time so as not to materially delay the work of Consultant. For purposes of this contract, reasonable period of time will mean four (4) weeks from receipt of applicable material. (W 7 211 FCommunm <relopmen•Vsen•\IPO'Roj«Is•TIF 10131mpu.Fe<Cavat d. B. Transmission of instructions, receipt of information, interpretation and definition of County policies and decisions with regard to the work covered by this Contract. C. Transmission of prompt written notice to Consultant whenever County observes or otherwise becomes aware of any defects or changes necessary in the project. X. Prohibited Interests No member, officer, or employee of County or of the member governments during his/her tenure or for two years thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. This requirement also applies to any subcontract entered into by Consultant concerning this proj ect. XI. Entire Contract This Contract and its Attachments hereto embody the whole agreement of the parties, and there are no provisions, terms, conditions, or obligations other than those contained herein. This Contract shall supersede all previous communications, representations, or oral agreements between the parties, and no amendment hereto shall be effective unless reduced to writing and signed by the parties hereto. XII. Subcontracting Services assigned to sub-consultants must be approved in advance by County. The sub-consultants must be qualified by County to perform all work assigned to them. 212 F.`ComrwrcDe.'elopmeml'sns"\IPOAeIu`a`TIf3U13Impan Fes funua.dec O (SW IN WITNESS OF THE FOREGOING, the parties have read this contract and attachments to it and have affixed their signatures, effective on the date first appearing above. ATTEST: INDIAN RIVER COUNTY BY: BY: NAME: Joseph Flescher, Chairman ATTEST: TINDALE-OLIVER AND ASSOCIATES, INC. BY: BY: NAME: NAME: Steve Tindale, P.E. ITS: (title) Approved as to Form and Legal Sufficiency 4 L illiam K. DeBraal 1 Deputy County Attorney (w F'Communiry Dnelopmml:sers AIPO'FrojaisTIF1Vilimpsn(e<Comrandoc 9 213 Scope of Services (W TASK 1: Background and Capital improvement plans and Methodology Review projects and associated funding c Upon receipt of the Notice to Proceed, sources and levels. TOA will coordinate with the County level of service analysis. the collection of the specific studies, • Review of land uses included in the data, previous technical reports, current fee schedule and potential current policies and procedures, and changes, if necessary. other related information necessary to complete the impact fee study. It is Economic development and growth requested that the County's Project management goals and policies. Manager assemble as much of the . Reduction in impact fees for non- requested data as possible and have it residential land uses. available prior to the kickoff Reduction in impact fees for land conference call meeting. uses that generate fewer vehicle TOA will review the background miles of travel, such as traditional information and facilitate a kickoff neighborhood development, mixed (W conference call with key County staff use development, and transit to identify and discuss major technical, oriented development. legal, and policy issues, coordinate Other related issues, as applicable. staff/Consultant responsibilities, and refine the project schedule, as The County will provide to TOA with necessary. Some of the technical and copies of all relevant plans, studies, policy issues that will be discussed and documents needed to perform the include the following: project tasks. TOA will review the Consumption-based vs. needs- background material and summarize • data gaps and responsibilities resulting based methodologies, and TOA's from the kickoff meeting. Affordable Growth methodology and approach. TASK 2: Impact Fee Technical Analysis • Impact fee variables that need to be This task addresses the update of the updated. nine impact fee program areas, which Recent trends in land and will reflect the capital costs of • providing infrastructure in each construction costs experienced by program area in Indian River County. the County and other jurisdictions in This work effort includes the Florida. development of the inventory of Indian River County Impact Fee Update Appendix A 1 14 existing facilities, preparation of a include stations and other buildings, (W demand component, and a review of vehicles, and equipment. the construction, land, right-of-way, vehicle, equipment, and other related For public buildings inventory, costs and credits. government buildings and associated land will be evaluated. Subtask 2.1— Inventory of Existing Parks impact fee inventory will include and Planned Facilities park land and recreational facilities, The County will provide an inventory such as baseball/softball.fields,tennis of the nine infrastructure types within courts, playgrounds, etc. the county as well as planned facilities. A summary of capital asset inventory The Consultant will provide templates for each program area will be for County to use in providing the incorporated into the technical inventory data. In addition, if needed, memorandum. the County will be responsible with the preparation of maps that show the Subtask 2.2—Demand Component location of capital facilities. TOA will calculate the demand In the case of transportation, the component for each impact fee County's roadway inventory will be program area. In the case of W obtained and reviewed. transportation impact fee, demand J (W measured in terms of vehicle miles of In the case of correctional facilities, the travel (VMT) for roadway-based fees. inventory will include jails/prisons and TOA has an extensive database that other support buildings, land, vehicles, includes trip characteristics studies for and equipment. over 40 land uses, which was used Solid waste facility inventory will during the previous transportation include landfills, customer care impact fee and mobility fee studies centers, trucks, and other equipment. throughout Florida, including Indian Public education facilities inventory River County. The demand component will include school buildings, will be developed based on available administrative and maintenance secondary data sources, such as the buildings, land, white and yellow fleet. latest ITE Trip Generation Handbook (9th Edition),TOA's trip characteristics I Library inventory will include library buildings and land, books,and other database, 2012 FDOT General Level of Service tables, and any alternative library material and equipment. studies that may have been conducted In the case of fire/EMS and law in Indian River County. (W enforcement, the inventory will Parks and recreation and library Indian River County Impact Fee Update 2 15 impact fees are typically charged to fee studies for several counties, (W residential land uses only, and demand including Collier, Orange, Osceola, is measured in terms of population per Hernando and Volusia Counties, which housing unit. This information will be resulted in a more accurate and obtained from 2000 and 2010 Census detailed demand component. There data. are several reasons a GIS-based In the case of correctional, law approach results in a better estimate enforcement, fire/EMS, and public and better complies with the F.S. building facilities,TOA typically uses 163.31801 requirements of using the functional population per unit of land most current and localized data. The use, which is consistent with the following provides a summary of these County's current program. Functional reasons: population measures the benefit to each land use based on the presence Student enrollment figures of people at that land use throughout obtained from the Public Use the day. In other words, land uses are Microdata Sample (PUMS) data, charged for the availability of these which is used in conjunction with services based on full-time equivalent the Census data to estimate persons present at each land use student generation rates,tend to throughout the day. vary from actual enrollment and (W The demand component of solid waste needs to be adjusted. The GIS_ i impact fees is based on solid waste based approach uses actual generation units for each land use. enrollment and connects it to This information will be updated as housing units/types. data available. • The 2000 Census provided data on In the case of public education the distribution of housing units facilities, the demand is measured in and students by housing type. The terms of student generation rate. 2010 Census does not provide data Most school impact fee studies use on the distribution of housing units Census data to estimate the student by type. As such, a Census-based generation rates. Over the past analysis still needs to at least several years,TOA has developed a partially be dependent on the 2000 Geographic Information Systems (GIS)- Census, which may be outdated. based approach, which ties student addresses to parcel addresses from the I Census land use categories are Property Appraiser's database. TOA limited to single-family, multi- used this approach in school impact family, and mobile homes. Any (W Indian River County Impact Fee Update 3 ... 16 additional analysis that may be documents to identify capital service desired (such as separating town facility system improvement costs that homes, condos, etc., if needed) is may be considered in the calculation of only possible with a GIS-based the cost component of the impact fee approach. formula for the County. TOA will provide templates for any local cost The student generation rates will data information and the County staff reflect the average number of public will be responsible for providing the school students by type of school cost information using these (elementary, middle, high) per housing templates. This information will unit and will be calculated for each compared to and/or be supplemented type of dwelling unit(single-family, with TOA's cost databases that multi-family, and mobile home). includes information from other Finally, as part of this task, land uses Florida jurisdictions. included in the County's Impact fee In the case of the traffic impact fee schedules will be reviewed and study, unit cost estimates will be discussed with the County to applied to those 2035 Cost Feasible determine if certain changes are Plan improvements, which have not necessary. been constructed in order to provide This work effort will be documented in an accurate update of the total cost the technical memorandum, estimate of providing those Subtask 2.3—Cost Component improvements. The cost component for each impact This work effort will be documented in x fee program area will be calculated to the technical memorandum. reflect the current cost of adding Subtask 2.4—Credit Component capacity in Indian River County. Cost TOA will review historical and elements reviewed will include design projected capital improvement funding and engineering inspection, sources and expenditures for land, construction, right-of-way, land construction, design and engineering purchase, vehicle/equipment inspection, and other related costs in purchase, and other related costs. Indian River County. Debt service for TOA will review the Capital any bond proceeds used for capacity Improvement Program, annual expansion projects will be reviewed budgets/reports, recent bids, recently- and documented as appropriate. completed local projects (past five These calculations will reflect any years), recent land/ROW purchases or recent and/or anticipated changes in appraisals, and other relevant how the capital assets are funded, Indian River County Impact Fee Update 17 such as the increasing role of Local Subtask 3.2 —Technical Option Sales Tax revenues in funding Memorandum#1 (W highway projects since 2009. This Results of the Tasks 1 through 3 information will be used to prepare analysis will be summarized in the credit component of the impact �Zoxt ' Technical Memorandum#1 (TM1). fee formula. This work effort will be TM1 will include all information, documented in the technical memorandum. estimates, assessment, analyses, and methodologies used to complete these TASK 3 — Level of Service Analysis tasks. Upon receipt of comments from This task will address existing level of the County,the Consultant will revise service (LOS) as well as the adopted the TM1 and submit a final version. LOS standards. The Consultant will also attend one Subtask 3.1 —Adopted Level of public meeting with elected officials Service Standard Review and decision makers to present the Using the information obtained in Task level of service issues and alternatives 2, the Consultant will calculate the identified in Task 3. The Consultant achieved LOS and compare this to the will prepare a user-friendly Power Point presentation and other relevant County's adopted LOS standards material. included in the Comprehensive Plan (W for all program areas with the TASK 4— Methodology exception of traffic and with special This task focuses on providing emphasis on fire/EMS, correctional incentives for non-residential land facilities, and parks. TOA will also uses, updating the County's review the available capacity offered administrative fee, and preparing by the existing capital assets and updated impact fee schedules. future needs identified by the County Subtask 4.1 — Development of staff. Based on programmed capital Alternatives for Lower Impact Fees for expansion projects in the CIP, an Non-Residential Land Uses adjusted LOS will also be calculated if applicable. This analysis will assist the One of the primary goals of this update County in determining the appropriate study is to include an analysis of ways LOS standards for each program area to lower impact fees for non- other than traffic. residential land uses, including those fees that apply to both new businesses and expansions of existing businesses, while developing alternatives to (W Indian River County Impact Fee Update 5 218 minimize or avoid increasing those based impact fee methodologies (W fees on residential land uses. and generally reduces impact fees in As part of this optional Task, TOA will built-up areas. apply the "Affordable Growth" model Buy-down by Geographic Area and * '� that provides flexibility in the levels of Geographic Goals—This approach impact fees by area or land use and will allow the County to place a assists the County in developing priority on areas that already offer incentives to encourage the desired public facilities and other types of future development geographic areas, as appropriate, to countywide or in targeted areas of the incentivize more efficient land use county. The Affordable Growth patterns as set forth in the County's calculation is based on the use of Comprehensive Plan. For example, available revenues from the existing the geographic area buy-down development that are already in place could be used to meet the individual and population growth rate. As such, goals of designated neighborhoods it eliminates the need to identify and/or centers. additional revenue sources to buy • Buy-down of"Most Favored Uses"— down the impact fees as long as the This approach, developed by TOA, rate of growth is below a certain level. allows communities to establish (W More specifically,the "Affordable policies for reductions in impact j Growth Model" includes three fees paid by targeted land uses due components: to the overall benefit and need for • Rate of Growth Analysis—The rate specific land uses countywide or in of growth concept allows impact targeted geographic areas of the fees to be sensitive to the growth county. A long-term benefit created rate of various areas within the by these policies also may include county or countywide. In the past, improved revenue generation by TOA has directly integrated the rate having a more diverse set of land of growth into the impact fee uses generating revenue,which equation and now is using this brings revenue stability in the concept in our current ongoing future. impact fee studies, such as those for Upon completion of the review of the City of Orlando, City of Oviedo, relevant elements of the County's tt Pasco County and Hernando Comprehensive Plan, plans, other t County. This approach reconciles related planning documents, and the relationship between economic and demographic variables,(W ` consumption-based and needs- TOA will hold a workshop with the Indian River County Impact Fee Update 6 ` 219 County administration and staff to Subtask 4.3 — Fee Schedule discuss the County's goals and Preparation (W objectives as well as review TOA's Based on the selected alternative Affordable Growth approach to � identified in Subtask 4.1, impact fee impact fees. Input received from this schedules will be updated. The discussion will be incorporated into TOA's model, and preliminary results schedules will incorporate data and will be discussed with the County in a analysis conducted and approved by meeting to finalize the approach. The the County as part of the previous tasks. finalized approach will be incorporated into the technical analysis, impact fee Subtask 4.4—Technical calculations, and fee schedules. Memorandum#2 Additionally, based on review and The Consultant will prepare Technical direction of policy and technical Memorandum #2 (TM2), which will considerations during this analysis, the contain the results of the affordable TOA Team will provide goal and growth analysis as well as all updated objective recommendations to the impact fee schedules and document County's Comprehensive Plan and the process used to update the other suggestions to the development schedules. Upon receipt of the review processes, including expedited County's comments, the Consultant permit issuance for targeted land uses will revise the TM2 and submit the in targeted geographic areas. final memorandum. Subtask 4.2 —Administrative Review The Consultant will also attend one and Administration Fee Update advisory group meeting and one public meeting with elected officials/decision TOA will review the County's current procedures and estimate staff time makers to present the draft impact fee associated with administering the formula and fee schedules developed existing impact fee program. F.S. 163- in Task 4. The Consultant will prepare 31801 requires that the administrative a user-friendly presentation and charges be limited to actual costs. This relevant presentation materials and task will estimate annual costs handouts. associated with the administration of TASK 5 — Final Technical Report the County's impact fee program and As part of this task, the Consultant will prepare an updated impact fee complete the following subtasks: administration fee. • Attend two public hearings for adoption of the revised fee schedules. At the hearings, the Indian River County Impact Fee Update 220 Consultant will present the study the presentation material to each results and respond to questions. meeting. The Consultant will prepare all The Consultant will provide monthly necessary presentation material. written progress reports to the • Information included in TM1 and County's Project Manager, describing TM2 will be incorporated into the the work performed on each task, Final Technical Report. Upon along with one originally signed copy receipt of the County's comments, of an invoice package. the revised report will be PROJECT SCHEDULE submitted to the County. TASK 6: Meetings and Presentations A preliminary schedule, consistent with the County's desired time frame, As part of this study, the following is included in the table on the meetings and presentations will be following page. With its dedicated conducted: Public Finance Group as well as other staff members experienced in public • A kickoff conference call; finance related analyses,TOA has the • One public meeting to present necessary resources to meet the Level of Service analysis findings; County's required 9-month time frame,,,_;.. (W One advisory group meeting and and still provide a high-quality product. • one public meeting to present draft Upon selection, if necessary, this £ schedule can be modified to better impact fee formulas and fee accommodate the County's needs. schedules; • Two additional meetings to be used PROJECT BUDGET at the County's discretion; and The professional fees and expenses • Two public hearings. associated with the Scope of Services are estimated at$199,839. The table The meetings will be scheduled in a on page 10 provides a breakdown of manner that will allow the Consultant the project budget by task. to attend the meetings in four trips. This is a lump sum budget that For all presentations,TOA will prepare includes four trips by TOA, and one trip user-friendly, easy-to-follow material by the legal subconsultant. The in Power Point and provide draft County will be invoiced monthly for presentations to the County staff for the portion of the work completed. review prior to the each meeting/ presentation. TOA will bring the necessary number of hard copies of (W Indian River County Impact Fee Update 8 _� _ 21 Indian River County Impact Fee Update Study Preliminary Schedule F Receipt of Signed Contract July 19, 2013 Submittal of the Data Needs Memo July 24, 2013 Kick-off Conference Call Week of August 12, 20i3 Receipt of All Requested Data August 31,2013 Tasks 1thru 3Analyses July- November,2013 Submittal of Draft TM 1 November 20,2013 Receipt of County's Comments on TM 1 December 4,2013 Public Meeting to Present TM 1 Week of December 16,2013 Submittal of Final TM 1 December 19, 2013 Task 4 Analysis August- December,201.3, Submittal of Draft TM 2 Decembelpl'§;2013 Receipt of County's Comments on TM 2 January 2,2014 Public Meeting to Present TM 2 Week 6, 13, 2014 Advisory Committee Meeting on TM 2 Week of January 13,2014 Submittal of Final TM 2 January 22, 2013 Submittal of the Draft Final Report March 4, 2014 Receipt of Comments from the County on the Final Report March 11, 2014 Submittal of the Final Report March 18,2014 Adoption Hearings(2) March-April 2014 Indian River County Impact Fee Update 9 .. APPENDIX "B" DRAFT PROJECT BUDGET INDIAN RIVER County IMPACT FEE STUDY Task# Task Name Total Cost Task 1 Background Review $4,055.37 Task 2 Technical Analysis(Including Facility Inventory,Demand $123,123.94 Estimation,Cost Update,and Credit Determination Task 3 Level of Service Analysis $7,842.24 Task 4 Methodology to Reduce Fees on loon-Residential Uses and Fee $38,116.24 Schedule Preparation Task 5 Final Report $4,404.44 Task 6 Meetings and Presentations $22,296.24 Total Project $199,839.07 Budget F.CommunnDe.rlopmrru l'.rrs BIW)hoi:ls TIF.GII Inipan F<r(unva.da 10 223 INDIAN RIVER COUNTY FLORIDA MEMORANDUM (awl TO: Joseph A. Baird, County Administrator DEPARTMENTALMATTERS FROM: Christopher R. Mora, P.E., Public Works Director SUBJECT: Secondary Hurricane Debris Removal Contract Change of Vendor DATE: May 24, 2013 DESCRIPTION AND CONDITIONS At the June 7, 2011 Board of County Commissioners meeting, Bid#2011040 for the IRC Disaster Debris Removal and Disposal Primary and Secondary contracts were awarded to the lowest bidder, TAG Grinding Services, Inc. and second lowest bidder, Unified Recovery Group LLC. The Agreements included provisions for renewal of the contracts for up to three (3)additional terms of twelve(12) months each on the same terms and conditions. At the December 18, 2012 meeting, the Board of County Commissioners approved extending both of the contracts for one(1)year,with a 2.06%consumer price increase (CPI), as provided for in the contract. One of the requirements for this extension is the renewal of the certificate of insurance, including commercial auto and workers'compensation coverage. The secondary contract holder, Unified Recovery Group LLC, declined to provide the required insurance certificate and was subsequently terminated for non-compliance. Staff contacted Omni Pinnacle, Inc., the third lowest bidder, to see if it would be feasible to enter into an agreement with them for the secondary contract. Their original bid prices have been increased by 2.06% per the contract provision for a CPI increase, which has been honored as it would have been if Omni Pinnacle, Inc. had originally been selected as the secondary contract holder. FUNDING Staff would seek reimbursement from FEMA and the Federal Highway Administration. RECOMMENDATIONS Staff recommends that the Board of County Commissioners approve awarding the secondary debris removal agreement to Omni Pinnacle, Inc., approve the attached sample agreement and authorize the Chairman to execute the agreement after the County Attorney has approved same as to form and legal sufficiency. The proper insurance is on file for Omni Pinnacle, Inc. ATTACHMENTS Agreement and Bid Form with updated CPI increase for Omni Pinnacle, Inc. DISTRIBUTION Indian River County Approv Date Omni Pinnacle, Inc. / Administration �O �3 APPROVED AGENDA ITEM BudgetCw, jo a FOR 20j& Le al Z BY Risk Management Public Works C ` F:\Publics\Hurricane-Disaster Preparedness\Hurricane 2013\Secondary debris contract re-award BCC Agenda 05- 224 24-13.doc ��CO . � G 'd (aloe �c s�rc CONTRACT DOCUMENTS AND SPECIFICATIONS FOR SECONDARY DEBRIS REMOVAL CONTRACT WITH OMNI PINNACLE, LLC BID NO. 2011040 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA JOSEPH E. FLESCHER,CHAIRMAN WESLEY S. DAVIS, VICE—CHAIRMAN COMMISSIONER TIM ZORC COMMISSIONER PETER D. O'BRYAN COMMISSIONER BOB SOLARI JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT ALAN S. POLACKWICH, SR., COUNTY ATTORNEY CHRISTOPHER R. MORA PUBLIC WORKS DIRECTOR INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT 180127 TH STREET VERO BEACH FL 32960 225 gIVER INDIAN RIVER COUNTY PURCHASING DIVISION A1800 27TH STREET VERO BEACH FL 32960 (772)226- 1416 FAX(772) 770-5140 LOR1� INVITATION TO BID PROJECT NAME: INDIAN RIVER COUNTY DISASTER DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER: 2011040 BID BOND REQUIRED: No PERFORMANCE BOND REQUIRED: YES PAYMENT BOND REQUIRED: YES REFER TECHNICAL QUESTIONS TO: (W CHRISTOPHER R. MORA, P.E., PUBLIC WORKS DIRECTOR TELEPHONE: (772)226-1379 E-MAIL: mora c)l.ircgoy.com REFER GENERAL TERMS & CONDITIONS QUESTIONS TO: JERRY DAVIS, PURCHASING MANAGER TELEPHONE: (772) 226- 1416 FAX: (772) 770-5140 E-MAIL: Purchasing0lircgov.com BID OPENING DATE: APRIL 20, 2011 BID OPENING TIME: 2:00 PM ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED AT 1800 27TH STREET, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE. LATE BIDS WILL BE RETURNED UNOPENED. Page 1 of 30 FAPublic Works\Hurricane-Disaster Prepared ness\H urricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 226 TABLE OF CONTENTS (W Table of Contents .........................................................................•---......._.......-----........._.page 2 Advertisement for Bid ...........................•-•--................................--•--•--............_............._...page 3 Instructions to Bidders ....................................................•---....--•---•----....---•----...----•--•--.....pages 4-8 General Conditions ..............................pages 9-12 BidForm...........................................................................................................................pages 13-15 Qualification Questionnaire............................•-........................................................_......pages 16-17 Affidavit of Compliance..................... ___...._._...__.._..._.page 18 PublicEntity Crimes ..................................................................••--..............-----..............page 19 Statement of Disclosure of Relationships......................................................................pages 20-21 Bid Check List.......................••• ......--•-•-.....................page 22 Agreement....--•.....................•------.......----•-----.........------........---•-----...................---•--•-•.-•-••..pages 23-25 Exhibit A— Insurance Requirements.............................................................................page 26 Exhibit B—Special Provisions and Technical Specifications .....................................pages 27-30 (W Page 2 of 30 F:\Public Works\Hurricane-Disaster Preparedness\Hurricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 227 ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is (W calling for and requesting bids for the following: Indian River County Bid #2011040 INDIAN RIVER COUNTY DISASTER DEBRIS REMOVAL AND DISPOSAL CONTRACT Indian River County is accepting sealed bids to support Indian River County in the management of debris resulting from but not limited to catastrophic events such as tropical storms, tornadoes and hurricanes. The Contractor shall clear and remove any and all "eligible" debris primarily from public right-of-way on County streets and roads. Detailed specifications for the above referenced bid are available from DemandStar.com at: (800) 711-1712 or may be downloaded from their web site at: www.demandstar.com. Detailed specifications may also be obtained from Indian River County Purchasing Division at: purchasing@ircgov.com. Deadline for receipt of bids has been set for 2:00 P.M. on April 20, 2011. Only bids received on or before the time and date listed will be considered. The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive all informalities. (W PURCHASING MANAGER INDIAN RIVER COUNTY Publish: March 23, 2011 For Publication in the Press Journal Indian River County Purchasing Division 1800 27th Street Vero Beach, FI 32960 (W Page 3 of 30 FAIDublic Works\Hurricane-Disaster Preparedness\Hurricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 228 INDIAN RIVER COUNTY INSTRUCTIONS TO BIDDERS (W GENERAL TERMS AND CONDITIONS Sealed Bids and Envelope Markings:All bids shall be submitted in a sealed envelope. The outside of the envelope shall be clearly marked with the Sealed Bid #, Title of the Bid, Date of the Bid opening, and Time of the Bid Opening. Opening Location: It will be the sole responsibility of the bidder to deliver personally or mail their proposal to the office of the Indian River County Purchasing Division, 1800 27th Street, Vero Beach FL 32960, on or before the closing hour and date shown for receipt of bids. Bids received in person or by mail after the stated time and date will not be considered. Bid Submission: All proposals must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature. Proposals shall be submitted on forms provided by Indian River County. Bids not submitted on the attached form shall be rejected. An original bid and one copy shall be submitted unless otherwise instructed. Should one desire to submit two separate bids, photocopy the bid form provided and submit the separate bid on the reproduced form. Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments must be sealed. Amendments or withdrawals received after the bid opening will not be effective, and the original bid submitted will be considered. Delivery Requirements: Delivery is "FOB Destination" unless delivery terms are specified otherwise in the Order. If County agrees in writing to reimburse Seller for transportation costs, County shall have the right to designate the method of shipment. In either case, the title and all risk of loss of the goods shall remain with the Seller until the goods received and accepted by the County. Rejected materials will be returned to Seller at the Seller's risk and expense. Price and Discount Requirements: Quote net prices after deducting trade discounts. All discounts must be incorporated in the prices contained in the bid, and not shown separately. Invoices submitted must agree with the prices formally bid. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful bidder and will be filled out by the County. Delivery and Completion Dates: Indicate delivery and completion dates. This may be a determining factor in the award of the bid. The County may at its option, grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Seller. Such grant must be in writing and made part of the Order. Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain firm and be considered an irrevocable offer for a period of sixty (60) days, during which time one or more of the bids received may be accepted by Indian River County. Assignment/Delegation: No right, obligation or interest in the Order shall be assigned or delegated by the Seller without prior written consent of the County, without prejudice to County's other rights and remedies. Page 4 of 30 FAPublic Works\Hurricane-Disaster Prepared ness\H u rricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 229 Consideration of Bids:Telegraphic, telephonic, or faxed bids will not be considered. Indemnification: The successful bidder shall agree to indemnify and save harmless Indian River (W County, its agents and employees, from and against all claims, suits, actions, damages, causes, or action or judgments arising out of the terms of the resulting agreement for any personal injury, loss of life, or damage to property sustained as a result of the performance or non-performance of services or delivery of goods, from and against any orders, judgments, or decrees, which may be entered against the County, its agents or employees; and from and against all costs, attorney's fees, expenses, and other liabilities incurred in the defense of any such claim, suit, or action, and the investigation thereof. Nothing in the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges, and immunities of the County as set forth in Florida Statute Section 768.28. Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing. Further, the bidder shall defend at their expense all suits, actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save the County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement. Public Access: The successful Bidder shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Seller assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Seller. Records/Audit: The successful Bidder shall maintain books, records and documents pertinent to I Lperformance under this Order in accordance with generally accepted accounting principles consistently applied. The County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals, or claims. Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from the specifications and/or conditions on the form provided with this Invitation to Bid . Otherwise, it will be assumed that the product or service fully complies with the specifications. Items specifically described as alternates shall be reviewed as an alternative bid to be considered by the County, in lieu of the primarily specified item(s). However, item(s) varying from the published specifications shall be considered substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes shall be subject to disqualification if the County does not approve the substitution. Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County, ten (10) or more days before the date fixed for opening of the bids. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to bidder will be in the form of an Addendum to the specifications, which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued. All such Addenda shall become part of the specifications. Further, it shall be the responsibility of each bidder, prior to submitting their bid, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their bid. Page 5 of 30 FAPublic Works\Hurricane-Disaster Preparedness\Hurricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 230 Default Provision: In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess incurred thereby, and may take such action, as it deems appropriate, including legal action for Damages or Specific Performance. Manufacturer's Certification: Indian River County reserves the right to request from the Bidder a separate manufacturer's certification of all statements made in the proposal. Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder. Indian River County Board of County Commissioners shall deem the offer accepted upon approval. Non Collusion: By signing and submitting the Bid Form, the Bidder certifies that, • This bid has been arrived at by the bidder independently and has been submitted without collusion, and without any agreement, understanding, or planned common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and • The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid. • No attempt has been made or will be made by the bidder to induce any other person(s) or firm(s) to submit or not to submit a bid for the purpose of restricting competition. Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Applicable Law and Venue: This Order and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this Order. Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son- in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approved form. Failure to submit the form may be cause for rejection of the bid. Cancellation: It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award. Page 6 of 30 FAPublic Works\Hurricane-Disaster Prepared ness\H u rricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 231 Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid, the original unit prices submitted will govern. Carelessness in quoting (W prices, or in preparation of the bid otherwise, will not relieve the bidder. Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid. Bid Protest:Any actual or prospective bidder who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manger. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved person knows or should have known the facts rise thereto. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Co-Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used by Indian River County. However, by virtue of bidding, the bidder accepts the right of other Florida Governmental agencies to purchase from this bid proposal. The successful bidder and the requesting Governmental agency, apart from Indian River County, shall handle any such purchases separately. Further, Indian River County assumes no liability for materials or services ordered by any other Governmental agency by virtue of this bid. (Bidders that find this condition unsatisfactory should indicate this by showing exception on the Bid Form.) Awards:The County reserves the right to make award(s) by individual item, aggregate or none, or a combination thereof; with one or more suppliers; to cancel the bid, reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. The County reserves the right to not make any award(s) under this bid. (W Criteria for Award: A. Compliance to the specifications B. Delivery C. Warranty and Service Location D. Cost E. Public Entity Crime Form F. Disclosure Statement Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and /or with or without cause. Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. • Public Record Law: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119, Florida Statutes. • Safety Standards: Unless otherwise stipulated in the bid, all manufactured items and (W fabricated assemblies shall comply with applicable requirements of the Federal Occupational Page 7 of 30 FAPublic Works\Hurricane-Disaster Prepared ness\H urricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 232 Safety and Hazards Act (OSHA), American National Standards Institute Safety Standards, and any Florida standards there under. • Material Safety Data Sheets: In accordance with Chapter 442, Florida Statutes, it is the seller's duty to advise Indian River County if a product is a listed toxic substance and to provide a Material Safety Data Sheet (MSDS) at the time of delivery. Insurance: • Owners and Subcontractors Insurance: The contractor (the successful Bidder who is awarded the contract) shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work us covered by the protections afforded by the contractor's insurance. • Worker's Compensation Insurance: The contractor shall procure and maintain worker's compensation and employer's liability insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the contractor shall provide adequate coverage for the protection of such employees. The employer's liability limits are set at $100,000 for each accident, $500,000 disease policy limit, and $100,000 disease each employee. • Public Liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional insured on this insurance on this insurance with respect to all claims arising out of (W the operations or work to be performed. Commercial General COMMERCIAL GENERAL (PUBLIC) LIABILITY, A. Premises/Operations OTHER THAN AUTOMOBILE B. Independent Contractors C. Products/Completed Operations $1,000,000.00 COMBINED SINGLE LIMIT FOR D. Personal Injury BODILY INJURY AND PROPERTY DAMAGE E. Contractual Liability F. Explosion, Collapses, and Underground Property Damage AUTOMOBILE A. Owner Leased Automobiles $1,000,000.00 COMBINED SINGLE LIMIT BODILY B. Non-Owned Automobiles INJURY AND DAMAGE LIABILITY C. Hire Automobiles • Proof of Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming owner as Additional Insured must accompany the Certificate of Insurance. Indian River County reserves the right to accept or reject any or all bids in whole or in part and waive all formalities. ,r Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence. Page 8 of 30 FAPublic Works\Hurricane-Disaster Preparedness\Hurricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 233 GENERAL CONDITIONS Disaster Debris Removal and Disposal Contract (W SCOPE of SERVICES Disaster Recovery Contractors are sought to support Indian River County in the management of debris resulting from but not limited to catastrophic events such as tornadoes and hurricanes. The Contractor shall clear and remove any and all "eligible" debris (See Exhibit B for definition of "eligible" debris) primarily from public right-of-way on County streets and roads. Work will include the following: • Examine debris to determine whether or not debris is eligible, burnable or non burnable • Load the debris • Haul the debris to approved staging area, dumpsite or landfill • Process debris including sorting, grinding, mulching, or burning • Establish and operating temporary debris staging and processing sites • Provide project management services • Haul and dispose of reduced debris to permitted disposal site • Respond and repair damages resulting from Contractor's work • Keep accurate records and provide copies to County if requested: • Assist Indian River County in FEMA reporting and reimbursement efforts Note: Contractor shall comply with all provisions contained in Appendix A. EXPENSES INCURRED This solicitation does not commit the County to pay any costs incurred in the preparation and (W submission of an offer in any form or to produce or contract for said services. INQUIRIES, INTERPRETATIONS, AND ADDENDA All firms are herby placed on notice that the County has designated Christopher R. Mora, P.E., Public Works Director, as the liaison for this project. All requests for information regarding this bid must be submitted in writing at least 10 days prior to the bid due date to Mr. Mora at the Public Works Department, 1801 27th Street, Vero Beach, Florida 32960. Email requests are acceptable, to be sent to: cmora@ircgov.com. RESPONDENT'S RESPONSIBILITY Before submitting a bid proposal, each Bidder shall make all investigations and examinations necessary to learn the conditions and requirements that may influence the performance of the services requested and the contract. Failure to make such investigations and examinations shall not relieve successful Bidder from the obligations to comply, in every detail, with all the provisions and requirements of the awarded contract nor shall it be a basis for any claim whatsoever for alteration in any condition of the awarded contract. ACCEPTANCE/REJECTION OF BID PROPOSALS The County reserves the right to reject any and all bid proposals with or without cause, to waive technical errors and informalities, or to accept that bid proposal or combination of bid proposals, which in the County's sole and absolute judgment, best serves the public interest. BIDDER'S QUALIFICATIONS All Bidders' must complete the questionnaire following the bid form in order to be considered for bid (W award. The County reserves the right to reject the bids of unqualified or non-responsive Bidder's. Page 9 of 30 FAPublic Works\Hurricane-Disaster Prepared ness\Hu rricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 234 COOPERATIONMOORDINATION The OWNER and its authorized representatives shall be permitted access at every facility or W property for the inspection of all work. Work by OWNER: The County hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces. Work by Other CONTRACTORS: The County hereby reserves the right to permit other CONTRACTORS to work within the area, which is the site of the work under this contract. Coordination: CONTRACTOR shall afford OWNER and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment, materials and the execution of their work concurrently, and shall properly coordinate its work with theirs in the best interest of the County. COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed. The Contractor shall mobilize within 72 hours of receiving Notice to Proceed. PAYMENT AND PERFORMANCE BONDS Within three (3) normal workdays after receiving a Notice to Proceed from the County, the Contractor shall furnish the County with a Public Construction Bond in accordance with Florida Statutes Section 255.05, each in the sum of five million dollars ($5,000,000.00). The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties. One fully executed copy of each of the Payment Bond and the Performance Bond shall be recorded at the County Courthouse. The Performance Bond shall continue in effect for one (1) year after Substantial Completion and acceptance of the Work as a guarantee that the workmanship and materials are free from construction defects. Each Bidder shall submit evidence of bondability with their bid, documentation that the Bidder is capable of obtaining a bond in the sum of$5,000,000.00. DEFECTIVE EQUIPMENT All equipment furnished or work performed, when not in accordance with the intent of these Specifications, shall be rejected and shall be removed immediately and replaced by suitable and satisfactory equipment. Failure to reject any defective work or equipment will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and equipment have been previously inspected by the OWNER and accepted; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one (1) year period after the final acceptance. If the CONTRACTOR fails to remove any defective work or equipment, the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR. If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price. Page 10 of 30 FAPublic Works\Hurricane-Disaster Preparedness\Hurricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 235 DAMAGE TO ROADWAYS RIGHTS-OF-WAY AND PRIVATE PROPERTY (W Until final acceptance of the work by the OWNER, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to property by the action of the elements, or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense, damages to any portion of properties before its completion and acceptance. Final Cleanup. Before the contract is considered complete, all rubbish and unused material due to, or connected with, the work must be removed and all premises, rights-of-ways, and lands left in a condition satisfactory to the OWNER. All property, public or private, disturbed or damaged, during the execution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished. SAFETY AND PROTECTION Safety. The CONTRACTOR shall furnish and install alll necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers. Protection of Adjacent Property and Utilities: The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations. The CONTRACTOR shall take cognizance of al existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation. Should the OWNER be!required to make such repairs, the cost of such repairs shall be deducted from the contract price. CONTRACT PERIOD This Contract shall be binding on the parties for a period beginning on the date of this Contract through December 31, 2013, by both parties unless terminated earlier in accordance with its terms.. The County may extend the term of this Contract for up to two (2) additional terms of twelve (12) months each on the same terms and conditions. REQUIRED NOTIFICATIONS The Contractor shall notify the County immediately upon any change in ownership or financial condition of the company. The County reserves the right to terminate any contract entered into between the County and an awarded Contractor if in the County's sole and absolute judgment changes to the company's ownership or financial condition renders the Contractor unable to perform the scope of services sought under this contract. The Contractor shall disclose future contractual obligation within the State of Florida or other Counties or Municipalities throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract. ADJUSTMENTS TO RATES Price adjustments will be made on an annual basis after the first 18-month term based on the consumer price index (CPI). Unit prices shall be adjusted upward or downward annually to reflect changes in the CPI for all urban consumers for the South. Should the CPI be discontinued or substantially modified, an alternate index shall be chosen by mutual agreement of the Contractor and the County. Beginning on December 1, 2012 and on each December 1 thereafter, the unit contract prices shall be adjusted to reflect the increase or decrease in the CPI for the immediately ( preceding twelve (12) month period of December to December. The Contractor shall notify the W County in writing of increases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their implementation. Page 11 of 30 FAPublic Works\Hurricane-Disaster Prepared ness\H urricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 236 PAYMENT PROCEDURES Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided below. 1. Ninety percent(90%) of Work completed (with the balance being retainage); and 2. Eighty percent (80%) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage). Final Payment: Upon final completion and acceptance of the Work, OWNER shall pay the remainder of the Contract Price including any retainage as recommended by County Contract Administrator. ADMINISTRATION The County shall appoint a contract administrator for this contract with the authority to issue Notices to Proceed for Federal Public Assistance categories of work. All Notices to Proceed shall include a complete and comprehensive Scope of Work. The Contractor shall not initiate work if there is not a Scope of Work provided with the Notice to Proceed. AVAILABILITY OF FUNDS This Contract is for goods and services related to disaster response and recovery operations. Activation of this Contract will occur in anticipation of Federal and State Public Assistance funding. (6w Page 12 of 30 F:\Public Works\Hurricane-Disaster Prepared ness\H urricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 237 INDIAN RIVER COUNTY A PURCHASING DIVISION y 11800027 TH STREET ' VERO BEFL 32960 �LOR�9Q' (772) 2261416 FAX (772) 770-5140 BID FORM SPECIFICATIONS FOR: HURRICANE DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER: 2011040 BID OPENING DATE: APRIL 20, 2011,2:00 PM BID OPENING LOCATION: PURCHASING DIVISION 180027TH STREET VERO BEACH FL 32960 THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONS, CONDITIONS, SPECIFICATIONS, AND ATTACHMENTS HERETO. FAILURE TO HAVE READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE CAUSE TO ALTER ANY RESULTING CONTRACT OR REQUEST ADDITIONAL (W COMPENSATION. EACH UNIT PRICE SHALL INCLUDE AN AMOUNT CONSIDERED BY CONTRACTOR TO BE ADEQUATE TO COVER CONTRACTOR'S OVERHEAD AND PROFIT FOR EACH SEPARATELY IDENTIFIED ITEM. BIDDERS ARE REQUESTED TO BID ON ALL ITEMS. Unit Price for Vegetative Debris. Collection and Transportation to debris staging area provided by County: Six dollars and ninty-nine cents per cubic yard $ 6=99 /CY $7.13 (Unit Price Words) Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by Contractor: Seven dollars and fifty cents per cubic yard $ -7=-5e /Cy $7.65 (Unit Price Words) Unit Price for Mixed Debris(') Collection and Transportation to County Landfill Seventy-five dollar. and7py-r% is per ton $ 75:ee /TN $76.55 (Unit Price Words) (iw Page 13 of 30 F.\Purchasing\Bias\2010-2011 FY(201 1000y\2011040 Disaster Debris Removal and disposal Confract\2011040 Hurricane Debris Removal Bid Doc.doc 238 Unit Price for Construction & Demolition Debris (C& D(2)) Collection and Transportation to County Landfill: Seventy-five dollars and zero cents per ton $ ==/TN $76.55 (Unit Price Words) Unit Price for Mixed Debris(') Collection and Transportation to Contractor's Staging Area for transport to Okeechobee Landfill Eight dollars and zero cents per cubic yard $ .8'" ICY $8.16 (Unit Price Words) . Unit Price for Construction & Demolition Debris (C& D(2)) Collection and Transportation to Contractor's Staging Area for transport to Okeechobee Landfill: Seven dollars and fifty cents per cubicand Y $ 1-.5,0 /CY $7.65 Unit Price for Transportation of Mixed Debris(') from Contractor's Staging Area to Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without any additional fees): Thirty dollars and zero cents per ton $ 39:88 /TN $30.62 (Unit Price Words) Unit Price for Transportation of Construction & Demolition Debris (C&D(2)) from Contractor's Staging Area to Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without any additional fees): Thirty dollars and zero cents per ton $ 36788 /TN $30.62 (W (Unit Price Words) (1) Mixed Debris is primarily vegetation with building debris such as roofing, siding, insulation, dry wall,_ signage and other light construction debris. (2) C&D includes but is not limited to building debris such as roofing, siding, insulation, dry wall, signage, plywood, lumber fencing, and other miscellaneous construction debris. Unit Price for Vegetative Waste Consolidation (grinding & chipping) at County or Contractor's site: Two dollars and seventy-five cents per cubic yard $ _jL,:7-5 /CY $2.81 (Unit Price Words) Unit Price for Hauling Mulch from County or Contractor's site to a State Approved Disposal Site provided by Contractor: Fifty cents per cubic yard $ /CY $ .51 (Unit Price Words) Unit Price for Providing Air Curtain and Burning Vegetative Debris at County or Contractor's site: Two dollars and fifty cents per cubic yard $ 2—r4 ICY $2.55 (Unit Price Words) Page 14 of 30 FAPurchasing\Bids\2010-2011 FY(2011000)\2011040 Disaster Debris Removal and disposal contract\2011040 Hurricane Debris Removal Bid Doc.doc 239 Unit Price for Cutting Down, Removing and Disposing Hanging Limbs in Right-of-Way: Nine dollars and zero cents per cubic yard $9:f30 $9.19 (Unit Price Words) yard /Cy (W Unit Price for Excavation, Removal and Disposal of Stumps In Right-of-Way.. Twelve dollars and zero cents per cubic yard $ /CY $12.25 (Unit Price Words) Hazardous Waste Removal, Transport, and Disposal: Ninty dollars and zero cents per 55 gal. barrel $ X0=06 /barrel $91.85 (Unit Price Words) --- Bio-hazardous Waste Removal, Transport, and Disposal: Four dollars and zero cents per pound $ x:60- /LB$4.08 (Unit Price Words) Dead Animal Collection, Transport, and Disposal: One dollar and fifty cents perpound $ 1:56 /LB$1.53 (Unit Price Words) COMPANY NAME: Omni Pinnacle, LLC COMPANY ADDRESS: 90 Glen Court . CITY, STATE Pearl River, LA ZIP CODE 70452 TELEPHONE: 985-863-2991 FAx: 985-863-2845 CERTIFICATE OF COMPETENCY('): None FEIN NUMBER: 30-0305755 AUTHORIZED SIGNATURE: DATE: 4/19/2011 NAME: Brian Reine TITLE: Manager (TYPE/PRINTED) (3) There is no competency card requirement for debris removal, but there is for clearing of land. If Bidder does not have a Certificate of Competency, attach documentation on the qualifications of all key staff by position. Describe education, experience and training. Describe experience with Maintenance of Traffic, damage repairs,job site safety, protection of public, working with heavy equipment and removal of hazardous and bio-hazardous waste. Also, identify staff experience working with governmental entities and list those projects. PLEASE SUBMIT AN ORIGINAL AND ONE (1) COPY OF YOUR PROPOSED BID. <b'e Page 15 of 30 F:\Purchasing\Bids\2010-2011 FY(2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc 240 QUALIFICATION QUESTIONNAIRE INFORMATION REQUIRED OF ALL BIDDERS (W NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON- RESPONSIVE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets are required.. 1. Bidder's Name/Address: omni Pinnacle, LLC 90 Glen Court, Pearl River, LA 70452 2. Bidder's Telephone: 985-863-2991 & FAX Numbers 985-863-2845 3. Licensing and Corporate Status: a. Is Contractor License Current? Yes b. Contractor's License No: CBCo56646 (Attach copy to bid) c. Attach documentation from State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. d. If Bidder is not a licensed Contractor, attach documentation on the qualifications of all key staff by position. Describe education, experience and training. Describe experience with Maintenance of Traffic, damage repairs, job site safety, protection of public, working with heavy equipment and removal of hazardous and bio-hazardous waste. Also, identify staff experience working with governmental entities and list those projects. 4. Number of years the firm has performed business as a Contractor in work of the type involved in this contract: 2O+ years 5. What is firm's bonding capacity? $ 40 Million 6. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 7. Attach a list of at least three (3) separate and verifiable clients. At least on of the client references shall be for a disaster recovery project. 8. Attach a detailed description of the Contractor's organizational structure, "chain of command" of Contractor's response team and project management methods. Provide the name and address of Subcontractors and detail the intended scope of their work. 9. Attach a list of types and quantities of recovery equipment, availability of equipment, estimate of workload, and future commitments to other emergency response contracts. The Contractor must provide reasonable assurance that all equipment identified for disaster recovery will be available and are not contractually obligated to other projects. Page 16 of 30 F:\Purchasing\Bids\2010-2011 FY(2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc 241 10. Attach a list of all contractual obligations within Florida for similar disaster recovery services and provide reasonable assurance that such contracts will not interfere with or preclude the Contractor from responding to the County with (W Contractor's full force of manpower and equipment. The Contractor shall disclose future contractual obligation within the State of Florida throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract. 11. Attach a mobilization plan that outlines.the Contractor's mobilization procedures following a disaster event. This outline should include a breakdown of the time required to perform each mobilization task including the time required to mobilize the Contractor's forces, time to mobilize equipment, time required to mobilize subcontractors, and time to set up debris staging areas. 12. PLEASE MARK ORIGINAL AS "ORIGINAL" AND COPY AS "COPY" (W (W Page 17 of 30 F:\Purchasing\Bids\2010-2011 FY(2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc 242 (PLEASE INCLUDE THIS FORM WITH YOUR BID) AFFIDAVIT OF COMPLIANCE (W IRC Bid # 2011040 for Indian River County Disaster Debris removal and Disposal Contract M We DO NOT take exception to the Bid / Specifications. ❑ We TAKE exception to the Bid / Specifications as follows: Company Name: Omni Pinnacle, LLC Company Address: 90 Glen Court, Pearl River, LA 70452 Telephone Number: 985-863-2991 Fax: 985-863-2845 E-mail: omnip@omnipinnacle.com Authorized Signature: Date: 4/19/2011 Name: Brian Reine Title: Manager (Typed/Printed) (W Page 18 of 30 FAPurchasing\Bids\2010-2011 FY(2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc 243 PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287.133(2)(x), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide an goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases-of real property to a public entity; may not be, awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently$25,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS This is a Federal-Aid Project. The Contractor will comply with the wage rates established by the U.S. Department of Labor that are in affect at the time the work is performed. Davis- Bacon wage determinations are to be used in accordance with the provisions of Regulations, 29 CFR Part 1, Part 3, and Part 5. The Contractor will also comply with Affirmative Action to ensure equal employment opportunity (Executive Order 11246). The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce, shall be established for the geographic area where the work is actually performed. The contractor shall keep such records as necessary to document compliance with wage rates and EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the County, FHWA and FEMA. (W Page 19 of 30 F:\Purchasing\Bids\2010-2011 FY(2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc 244 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS (W THIS FORM MUST BE SIGNED IN THE PRESENCE OF ANO OFFICER AUTHORIZED TO ADMINISTER OATHS. TARY PUBLIC OR OTHER 1. This sworn statement MUST be submitted with Bid, Proposal.or Contract No. 2011040 for Disaster Debris Removal & Dis osal Contract 2. This sworn statement is submitted by: Omni Pinnacle, LLC (Name of entity submitting Statement) whose business address is: 90 Glen Court, Purl River, LA 70452 and its Federal Employer Identification Number(FEIN) is 30-0305755 3. My name is Brian Reine (Please print name of individual signing) (W and my relationship to the entity named above is Manager 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. _ Page 20 of 30 r:Wurchasing\Bids\2010-2011 FY(2011000)\2011040 Disaster Debris Removal and disposal contract\2011040 Hurricane Debris Removal Bid Doc.doc 245 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code (W with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) 4/19/2011 r (Date) STATE OF (—0 t,c S ;,q e j A COUNTY�OF S The foregoing instrument was acknowledged before me this day of4-- - hasproduced y 2011, by �,�,,qAl '&9e-j w , who is personay nown to m e or who r:� / 2l vP� L;` .� ,�vS s identification. NOT R F4EBLIC SIGN:\_ PRINT: Notary Public, State at4erfge LeLc;-,:A ;,4 My Commission Expires:,4 Darlene Y Hudson Notary Puft SL Tammany PeAlk LA (Seal) #41828 Commlaslaned for Lft Page 21 of 30 F:\Purcnasing\Bids\2010-201 1 FY(201 1000j12011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc 246 0 a z 0 Ri9�* D ❑ ❑ D O o THIS CHECKLIST IS PROVIDED TO ASSIST EACH BIDDER IN PREPARATION OF THEIR BID RESPONSE. THIS CHECKLIST IS ONLY A GUIDELINE IT IS THE RESPONSIBILITY OF EACH BIDDER TO READ AND COMPLY WITH THE INVITATION TO BID IN ITS ENTIRETY. ✓ Is the Invitation to Bid Form completed and signed? ✓ All price extensions and totals have been reviewed for accuracy? ✓ Is the Affidavit of Compliance completed, signed, and attached? ✓ Is the Warranty Information Form completed and attached (if applicable)? ✓ Is the Disclosure of Relationship Sworn Statement completed, signed, notarized, and attached? ✓ Is each Bid Addendum (if issued) signed and included with the Invitation to Bid Form? ✓ Is the Trench Safety Form completed and attached (if applicable)? ✓ Is the Bid #, Bid Title, and Bid Opening Date & Time marked clearly on the outside of the envelope? ✓ Is your company's name and address clearly printed on the outside of the envelope? ✓ Is the Invitation to Bid Form submitted in duplicate? ✓ Is the original marked "ORIGINAL" and is the copy marked "COPY"? ✓ Is all of the above in the envelope and is the envelope sealed? If you have any questions about submission of the Invitation to Bid Form, please contact the Indian River County Purchasing Division at (772) 226- 1416 or by Fax at (772) 770-5140 or via E-mail at PurchasingO-ircgov.com (W Thank you for your interest! Page 22 of 30 F:\Public Works\Hurricane-Disaster Preparedness\Hurricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 247 AGREEMENT THIS AGREEMENT made and entered into this day of 2013 by and between 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 #2011040 for Indian River County Disaster Debris removal and Disposal Contract: OWNER desires to purchase certain goods and services as more specifically set forth in Exhibit B attached hereto and made a part hereof from Contractor on the terms and conditions set forth herein, and at the unit prices set forth in the Bid Form attached hereto and made a part hereof. This Agreement constitutes a binding Contract when signed by the OWNER and accepted by the CONTRACTOR, either by execution of this AGREEMENT, or by commencement or rendering of services without reservations. Article 2. NOTICE TO PROCEED The CONTRACTOR shall not commence work until it receives a written Notice to Proceed from the OWNER. The CONTRACTOR shall commence work within the time frames established in Exhibit B for the type of service or project requested after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise. Article 3. GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time limit specified herein in accordance with the plans and specifications. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide Performance Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been 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. Page 23 of 30 FAPublic Works\Hurricane-Disaster Preparedness\Hurricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 248 The CONTRACTOR's price at the time of delivery of goods and services will be: a) the price set forth on the Bid Form; and b) when not delineated on the Bid Form, the prices established in the version of the FEMA rate structures applicable when the CONTRACTOR is given Notice to Proceed. The CONTRACTOR, by June 1 of each year, shall notify the COUNTY in writing of any proposed price schedule changes with justification for each change. The COUNTY will either accept the proposed changes or decline to accept the price changes within thirty (30) days and ask for negotiation. Article 5. PAYMENT PROCEDURES Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided below. 1. Ninety percent(90%) of Work completed (with the balance being retainage); and 2. Eighty percent (80%) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage). Final Acceptance and Payment:When the work provided for under this contract has been completed, in accordance with the terms thereof, a 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. In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT 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. Le Article 6. THE CONTRACT DOCUMENTS The General Terms and Conditions, Invitation to Bid Form, Qualification Questionnaire, Special Provisions - Disaster Debris Removal and Disposal Services (Exhibit B), Insurance Requirements (Exhibit A), Performance and Payment Bonds, 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 United States District Court for the Southern District of Florida. Article 8. CONTRACT PERIOD This Contract shall be binding on the parties for a period beginning on the date of this Contract through December 31, 2013, by both parties unless terminated earlier in accordance with its terms.. The County may extend the term of this Contract for up to two (2) additional terms of twelve (12) months each on the same terms and conditions. (W Page 24 of 30 F:\PublicWorks\Hurricane-Disaster Prepared ness\Hu rricane 2013\Omni-Debris Removal Bid Doc 06-11-13.doc 249 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2011 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: BY: Chai man (Contractor) By: (NAV� (CORPORATE SEAL) V Josep A. aird, Count dministrator Attest APPROVED AS TO F M LEGAL SUFFICI CY: By. r Alan S. Po ackwich, Sr., County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 25 of 30 FAPublic Works\Hurricane-Disaster Prepared ness\Hu rricane 2011\Debris Removal Bid&Contract docs\Hurricane Debris Removal Bid Doc 03-01-11.doc 250 EXHIBIT A (W INSURANCE REQUIREMENTS 1.0 INSURANCE: 1.1 CONTRACTORS and SUBCONTRACTORS Insurance: The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR's work is covered by the protections afforded by the CONTRACTOR's insurance. 1.2 Worker's Compensation Insurance: The contractor shall procure and maintain worker's compensation and employer's liability insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the contractor shall provide adequate coverage for the protection of such employees. The employer's liability limits are set at $100,000 for each accident, $500,000 disease policy limit, and $100,000 disease each employee. 1.3 Public liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General $1,000,000 combined liability single limit for (other than automobile) bodily injury and property damage A) Premises/Operations B) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual liability F) Explosion, collapses and underground property damage Commercial Automobile $1,000,000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/leased Automobiles B) Non-Owned Automobiles C) Hired Automobiles 1.4 Proof of Carriage of Insurance: The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required. Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming OWNER as Additional Insured must accompany the Certificate of Insurance. END OF EXHIBIT A (W Page 26 of 30 PAPublic WorksWurricane-Disaster PreparednesslHurricane 201310mni-Debris Removal Bid Doc 06-11-13.doc 251 EXHIBIT B SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS (W DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES A. The Contractor shall collect, remove, transport, and process disaster debris to the Indian River County Solid Waste Landfill at 1325 74th Avenue S.W., Vero Beach, Florida 32968 or other Facilities or properties within Indian River County, as APPROVED OR directed by the County. B. Collection of debris shall include identification, assessment and removal of hazardous materials, hazardous wastes, bio-hazardous wastes, dead animals, and hazardous stumps. C. Collection and removal of debris shall include clearing limits of right-of-way. Trees located on private property that have fallen into the right-of-way shall be cut off at the right-of-way line and removed. D. Eligibility of stumps and hanging limbs must be determined on a case-by-case basis by a FEMA inspector. E. Trees and limbs in contact or close proximity to Utility lines shall not be removed until the Utility Company has removed or relocated their facilities. F. Processing of debris shall include the establishment and operation of multiple temporary debris- staging areas/processing-sites throughout Indian River County where collected debris may be sorted, recycled, ground, mulched, burned, or otherwise segregated for transport and disposal to the Indian River County Solid Waste Landfill or other approved disposal facilities. ,,G. Eligibility of debris is determined by FEMA. Contractors do not have the authority to make eligibility determinations. Generally, disaster-related debris located on public property and in public rights-of- way is eligible for FEMA reimbursement. Eligible disaster debris may include downed trees and other woody debris; sand, silt, mud and gravel; building wreckage; and vehicles in the right-of-way. H. Debris on private property generally is not eligible for FEMA funding, but disaster-damaged personal property may be moved to the curbside to be picked up by an eligible Applicant. Debris from a commercial business or resulting from work performed by a private contractor is not eligible and may not be moved to the curbside for pick up. I Disposal of debris shall include any reduction, separation, or other processing of material needed for the further removal and disposal of debris. Contractor will recycle the resulting mulch at a State approved disposal site. J The maintenance of traffic for this contract shall be in accordance with the applicable FDOT Standard Index numbers (600 Series) and the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices and shall be followed in application, installation, maintenance and removal of all traffic control devices, warning signs, devices, and barriers necessary to protect the public and workmen on roads, and rights-of-way in Indian River County. Pedestrian and vehicular traffic shall be maintained and protected at all times. Page 27 of 30 PIPublic WorkslHurricane-Disaster PreparednessWurricane 201310mni-Debris Removal Bid Doc 06-11-13.doc 252 K The Contractor shall insure that all vehicles, trucks, equipment, and trailers operating on Indian River County roadways and rights-of-way are in compliance with all Federal, State, and local rules, laws, (W and regulations. All vehicles, equipment, trucks, and trailers shall be properly licensed, insured, and equipped with lights, back-up alarms, horns, and any other safety equipment mandated by Federal, State, and local rules, laws, and regulations. Vehicles without proper safety equipment shall not work in the County. L The Contractor shall supply pre-numbered 5 part Debris Load Tickets to the County for the entire project. Each ticket will contain the following information: • Ticket Number • Contractor Name • Truck Number • Loading Location • Field Inspector • Measured Truck Capacity • Date • Site Departure Time • Dump Site Location • Dump Site Arrival Time • Debris Classification (Vegetative, C&D, Mixed) • Estimated % Full and Debris Quantity M The Contractor shall notify the County at least 3 days in advance of any unusual "ramping up" of work forces. (WM No home made trailers with plywood extensions will be permitted. Trailers towed behind trucks must be able to mechanically dump on their own with no assistance from equipment at the dumping site. O The Contractor shall only utilize mechanical loading equipment with grapple or clamshell type devices for loading debris. Hand loading will be prohibited. P All transport hauling equipment shall be single axle, tandem wheel, or semi-trailer trucks that are designed by the manufacturer for the intended purpose. No plywood extended sides will be permitted. Steel side extensions that have steel reinforced vertical supports are allowed. Q All transport hauling equipment shall be equipped with tailgates that extend upward minimally to the height of the sides of the box. R All loaded trucks and trailers shall be tarped or covered during transport. S The Contractor shall meet minimum production demands established by the County and begin debris removal phasing (c& d removal and mulch reduction and hauling)within three days of the County's request. T All collection activities shall be directed in a logical, sequential manner, approved by the County, with no materials skipped over or left behind. U The Contractor shall assure that all subcontractors have English speaking supervisors or representatives available in the field at all times during the contract period. (W Page 28 of 30 PAPublic WorksWurricane-Disaster PreparednessWurricane 201310mni-Debris Removal Bid Doc 06-11-13.doc 253 V The Contractor shall repair immediately upon request any damage caused by the debris removal operation that is deemed a public safety issue, including, but not limited to, asphalt, sidewalks, (W culvert pipes, swales, driveways, and/or any public or private property. W If it is determined to be in the best interest of Indian River County to use County owned properties for the debris-staging areas/processing-sites, the Contractor shall credit the County $1.00 per cubic yard for the total cubic yards collected for the use of the property. X The Contractor shall provide the following facilities at each debris-staging area/processing-site, regardless of who provides the site (Contractor or County): 1. Each processing site shall have a roofed inspection tower erected upon it sufficient to support a minimum of three inspectors, and built to a height to allow a clear view down into a loaded truck. Mechanical lifts are discouraged. 2. Each processing site shall have a temporary roofed shelter or canopy erected for the comfort of support staff and personnel from weather conditions. 3. Each processing site shall have at least two portable sanitary units (porta-potties) that are clean and regularly maintained throughout the contract period. The Contractor shall keep an adequate supply of toilet paper in each unit. 4. The Contractor shall provide stabilized ingress and egress to each debris-processing site and shall maintain such access throughout the contract period. Y All loads brought to a temporary debris-processing site shall be inspected and recorded by the (W Contractor and the County. Z The Contractor shall reclaim the site upon completion of the processing activities to include at a minimum removal of all equipment and debris, grading of the site to historical condition, and seeding and mulching of the exposed areas. Compliance of Federal, State, and Local Laws, Rules, and Regulations All processing activities shall be conducted in compliance with all federal, state, and local laws, rules, and regulations. i) The Contractor shall be responsible for obtaining and paying for all permits needed to construct, operate, maintain, close, and reclaim the debris processing sites. ii) The Contractor shall be responsible for any environmental sampling required at the debris staging area. Normally areas used to stage vegetative debris do not require any environmental sampling. Areas used to stage mixed debris, or ash from burning mixed debris, will normally require environmental sampling to close the site after the debris or ash is removed. It would also be advisable to sample the area prior to staging any mixed debris to identify any existing contamination at the site. iii) The Contractor shall maintain the site in accordance with all local, state, and federal laws, rules, and regulations including at a minimum erosion control, storm water management, and fire control. iv) The Contractor shall not be responsible for C&D disposal fees at the County landfill. V) The Contractor shall provide and pay for all the necessary labor, tools, and equipment to execute the work described in this Scope of Services. Page 29 of 30 FAPublic WorksWurricane-Disaster PreparednessWurricane 20131Omni-Debris Removal Bid Doc 06-11-13.doc 254 Contractor Assistance and Cooperation (W 1. The Contractor shall provide the County any assistance, in its capacity, to the FEMA reimbursement efforts. • The Contractor shall provide all records, including, but not limited to, truck and trailer registrations, disposal tickets, debris-dumping site logs, area maps, and other data sufficient to provide substantiation for FEMA and State reimbursement applications. • The Contractor shall assist the County in responding to federal and state agencies request for additional information and/or auditing as directed by the County. 2. The Contractor shall conduct the Debris Removal and Disposal Contract in strict accordance with guidelines set forth in this contract document. END OF EXHIBIT B Page 30 of 30 F:IPublic WorksWurricane-Disaster PreparednesslHurricane 201310mni-Debris Removal Bid Doc 06-11-13.doc 255 (W EXHIBIT A INSURANCE REQUIREMENTS 1.0 INSURANCE: 1.1 CONTRACTORS and SUBCONTRACTORS Insurance: The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved. by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR's work is covered by the protections afforded by the CONTRACTOR's insurance. 1.2 Worker's Compensation Insurance: The contractor shall procure and maintain worker's compensation and employer's liability insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the contractor shall provide adequate coverage for the protection of such employees. The employer's liability limits are set at $100,000 for each accident, $500,000 disease policy limit, and $100,000 disease each employee. 1.3 Public liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General $1,000,000 combined liability single limit for (other than automobile) bodily injury and property damage (W A) Premises/Operations B) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual liability F) Explosion, collapses and underground property damage Commercial Automobile $1,000,000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/leased Automobiles B) Non-Owned Automobiles C) Hired Automobiles 1.4 Proof of Carriage of Insurance: The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required. Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming OWNER as Additional Insured must accompany the Certificate of Insurance. END OF EXHIBIT A Page 26 of 30 F.1PurchasinglBids12010-2011 FY(2011000)12011040 Disaster Debris Removal and disposal Contract12011040 Hurricane iliw Debris Removal Bid Doc.doc 256 EXHIBIT B SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES A. The Contractor shall collect, remove, transport, and process disaster debris to the Indian River County Solid Waste Landfill at 1325 74th Avenue S.W., Vero Beach, Florida 32968 or other Facilities or properties withiri Indian River County, as APPROVED OR directed by the County. B. Collection of debris shall include identification, assessment and removal of hazardous materials, hazardous wastes, bio-hazardous wastes, dead animals, and hazardous stumps. C. Collection and removal of debris shall include clearing limits of right-of-way. Trees located on private property that have fallen into the right-of-way shall be cut off at the right-of-way line and removed. D. Eligibility of stumps and hanging limbs must be determined on a case-by-case basis by a FEMA inspector. E. Trees and limbs in contact of close proximity to Utility lines shall not be removed until the Utility Company has removed or relocated their facilities. F. Processing of debris shall include the establishment and operation of multiple temporary debris- staging areas/processing-sites throughout Indian River County where collected debris may be sorted, recycled, ground, mulched, burned, or otherwise segregated for transport and disposal to the Indian River County Solid Waste Landfill or other approved disposal facilities. G. Eligibility of debris is determined by FEMA. Contractors do not have the authority to make eligibility determinations. Generally, disaster-related debris located on public property and in public rights-of- way is eligible for FEMA reimbursement. Eligible disaster debris may include downed trees and other woody debris; sand, silt, mud and gravel; building wreckage; and vehicles in the right-of-way. H. Debris on private property generally is not eligible for FEMA funding, but disaster-damaged personal property may be moved to the curbside to be picked up by an eligible Applicant. Debris from a commercial business or resulting from work performed by a private contractor is not eligible and may not be moved to the curbside for pick up. Disposal of debris shall include any reduction, separation, or other processing of material needed for the further removal and disposal of debris. Contractor will recycle the resulting mulch at a State approved disposal site. J The maintenance of traffic for this contract shall be in accordance with the applicable FDOT Standard Index numbers (600 Series) and the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices and shall be followed in application, installation, maintenance and removal of all traffic control devices, warning signs, devices, and barriers necessary to protect the public and workmen on roads, and rights-of-way in Indian River County. Pedestrian and vehicular traffic shall be maintained and protected at all times. Page 27 of 30 F.IPublic WorkslHurricane DocsWurricane 2011Wurricane Debris Removal Bid Doc 03-01-11.doc 257 K The Contractor shall insure that all vehicles, trucks, equipment, and trailers operating on Indian River County roadways and rights-of-way are in compliance with all Federal, State, and local rules, laws, (W and regulations. All vehicles, equipment, trucks, and trailers shall be properly licensed, insured, and equipped with lights, back-up alarms, horns, and any other safety equipment mandated by Federal, State, and local rules, laws, and regulations. Vehicles without proper safety equipment shall not work in the County. L The Contractor shall supply pre-numbered 5 part Debris Load Tickets to the County for the entire project. Each ticket will contain the following information: • Ticket Number • Contractor Name • Truck Number • Loading Location • Field Inspector • Measured Truck Capacity • Date • Site Departure Time • Dump Site Location • Dump Site Arrival Time • Debris Classification (Vegetative, C&D, Mixed) • Estimated % Full and Debris Quantity M The Contractor shall notify the County at least 3 days in advance of any unusual "ramping up" of work forces. M No home made trailers with plywood extensions will be permitted. Trailers towed behind trucks must be able to mechanically dump on their own with no assistance from equipment at the dumping site. O The Contractor shall only utilize mechanical loading equipment with grapple or clamshell type devices for loading debris. Hand loading will be prohibited. P All transport hauling equipment shall be single axle, tandem wheel, or semi-trailer trucks that are designed by the manufacturer for the intended purpose. No plywood extended sides will be permitted. Steel side extensions that have steel reinforced vertical supports are allowed. Q All transport hauling equipment shall be equipped with tailgates that extend upward minimally to the height of the sides of the box. R All loaded trucks and trailers shall be tarped or covered during transport. S The Contractor shall meet minimum production demands established by the County and begin debris removal phasing (c& d removal and mulch reduction and hauling) within three days of the County's request. T All collection activities shall be directed in a logical, sequential manner, approved by the County, with no materials skipped over or left behind. U The Contractor shall assure that all subcontractors have English speaking supervisors or representatives available in the field at all times during the contract period. Page 28 of 30 F.IPublic WorkslHurricane DocsWurricane 2011Wurricane Debris Removal Bid Doc 03-01-11.doc 258 V The Contractor shall repair immediately upon request any damage caused by the debris removal operation that is deemed a public safety issue, including, but not limited to, asphalt, sidewalks, (W culvert pipes, swales, driveways, and/or any public or private property. W If it is determined to be in the best interest of Indian River County to use County owned properties for the debris-staging areas/processing-sites, the Contractor shall credit the County $1.00 per cubic yard for the total cubic yards collected for the use of the property. X The Contractor shall provide the following facilities at each debris-staging area/processing-site, regardless of who provides the site (Contractor or County): 1. Each processing site shall have a roofed inspection tower erected upon it sufficient to support a minimum of three inspectors, and built to a height to allow a clear view down into a loaded truck. Mechanical lifts are discouraged. 2. Each processing site shall have a temporary roofed shelter or canopy erected for the comfort of support staff and personnel from weather conditions. 3. Each processing site shall have at least two portable sanitary units (porta-potties)that are clean and regularly maintained throughout the contract period. The Contractor shall keep an adequate supply of toilet paper in each unit. 4. The Contractor shall provide stabilized ingress and egress to each debris-processing site and shall maintain such access throughout the contract period. Y All loads brought to a temporary debris-processing site shall be inspected and recorded by the W Contractor and the County. Z The Contractor shall reclaim the site upon completion of the processing activities to include at a minimum removal of all equipment and debris, grading of the site to historical condition, and seeding and mulching of the exposed areas. Compliance of Federal, State, and Local Laws, Rules, and Regulations All processing activities shall be conducted in compliance with all federal, state, and local laws, rules, and regulations. i) The Contractor shall be responsible for obtaining and paying for all permits needed to construct, operate, maintain, close, and reclaim the debris processing sites. ii) The Contractor shall be responsible for any environmental sampling required at the debris staging area. Normally areas used to stage vegetative debris do not require any environmental sampling. Areas used to stage mixed debris, or ash from burning mixed debris, will normally require environmental sampling to close the site after the debris or ash is removed. It would also be advisable to sample the area prior to staging any mixed debris to identify any existing contamination at the site. iii) The Contractor shall maintain the site in accordance with all local, state, and federal laws, rules, and regulations including at a minimum erosion control, storm water management, and fire control. iv) The Contractor shall not be responsible for C&D disposal fees at the County landfill. V) The Contractor shall provide and pay for all the necessary labor, tools, and equipment to execute the work described in this Scope of Services. Page 29 of 30 F.-Public WorkslHurricane DocslHurricane 20111Hurricane Debris Removal Bid Doc 03-01-11.doc 259 Contractor Assistance and Cooperation tw 1. The Contractor shall provide the County any assistance, in its capacity, to-the FEMA reimbursement efforts. • The Contractor shall provide all records, including, but not limited to, truck and trailer registrations, disposal tickets; debris-dumping site logs, area maps, and other data sufficient to provide substantiation for FEMA and State reimbursement applications. • The Contractor shall assist the County in responding to federal and state agencies request for additional information and/or auditing as directed by the County. 2. The Contractor shall conduct the Debris Removal and Disposal Contract in strict accordance with guidelines set forth in this contract document. END OF EXHIBIT B �W Page 30 of 30 PIPublic WorksWurricane DocsWurricane 20111Hurricane Debris Removal Bid Doc 03-01-11-doc 260 I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Date: June 24, 2013 DEPARTMENTAL To: Joseph A. Baird, County Administrator From: Christopher R. Mora, P.E., Public Works Director Subject: Cafeteria Facility— Building A/ Daily Dose Cafe—Lease Renewal BACKGROUND: On March 16, 2010 the Board authorized a transfer of the lease and concession agreement for the County Administration/Building A cafeteria facility from Betty Nobles to Julie Anderson. Since 2010, Ms. Anderson has continuously operated the cafeteria facility under the identical terms of the original lease. There is currently no rent associated with the lease agreement. All other terms of the original lease and lease transfer, including liability insurance coverage, have been satisfied by Ms. Anderson. The lease expires July 30, 2013. At this time we would like to implement renewal of the lease with provisions for an automatic renewal for three (3) one (1) year terms, each on the same terms and conditions, unless one party notifies the other 60 days in advance of the expiration of the existing term. RECOMMENDATION: Staff recommends that the Board approves extending the existing lease from August 1, 2013 through July 30, 2014, with automatic renewal for three (3) one (1) year terms, each on the same terms and conditions. ATTACHMENT: Daily Dose Caf6 Lease Indian River Approved Date APPROVED AGENDA ITEM Administration Budget r J !v 8Y'1 FOR: July 2013 Legal -ZY-l) Public Works 6-�Y-1 Facilities C � BY: Management FAPublic Works\Luanne M\Facilities Management\Daily Dose Cafe\Daily Dose Cafe' lease renewal BCC 06-18-13.doc 261 (W LEASE AND CONCESSION AGREEMENT RENEWAL This Lease And Concession Agreement Renewal ("Renewal") is entered into this day of July, 2013 (Renewal Date) by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 ("County") and Julie Anderson having a business address of 1801 27th Street, Vero Beach, Florida 32960 ("Tenant"). Background Recitals: A. The County issued a request for proposals in April 2007 for Food and Beverage Concession Services at the County Administration Building. B. Effective August 1, 2007 the County and Capcan, Inc. entered into a Lease and Concession Agreement (Lease) providing for initial term of 5 years and providing for a maximum of 7 successive terms of 1 year each. C. On August 19, 2008, the Board of County Commissioners approved the transfer of the Lease and Concession Agreement to Betty M. Nobles. D. On July 7, 2009 the Board of County Commissioners granted Ms. Nobles a three month period of rent relief due to the down turn in the economy. E. On October 29, 2009, the Board of County Commissioners extended the period of rent relief from October 1, 2009 to September 30, 2010, due to the reduction in staff at the County Administration Building which are Tenant's main customers. ,. F. On March 16, 2010, the Board of County Commissioners approved the transfer of the Lease to Julie and Harvey Anderson. G. On December 11, 2012, the Board of County Commissioners approved the removal of Harvey Anderson from the Lease, and approved extending the Lease from August 1, 2012 to July 30, 2013. H. The Board has continued to abate rental payments provided for in the August 1, 2007 Lease and Concession Agreement after a review of Tenant's annual financial operations dated September 30, 2011 and September 30, 2012. I. Tenant continues to supply a valuable service to County employees, visitors and those doing business with the County by providing food and beverages Monday through Friday from 7:00 AM to 3:00 PM. J. A review of Tenant's financial operations shows no appreciable change over the last 12 months. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Julie Anderson agree as follows: 1. The Background Recitals as stated above are true and correct and incorporated herein. 2. The Lease and Concession Agreement dated August 1, 2007 transferred to Tenant on March 16, 2010 is hereby extended from August 1, 2013 through July 30, 2014, and shall automatically renew for three (3) one (1) year terms thereafter, each on the same terms and conditions, unless one party notifies the other 60 days in advance of the expiration of the existing term. 262 3. The County will continue its rent relief to Tenant subject to review of financial operations on or about July 30, 2014. 4. Other than as specifically amended above, the Lease and Concession Agreement dated August 1, 2007 remains unchanged and in full force and effect. IN WITNESS WHEREOF, this Lease and Concession Agreement Renewal is executed by the authorized representatives of the parties, as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS JULIE ANDERSON INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman Approved by the BCC: WITNESS: ATTEST: Jeffrey K. Smith, Clerk of Court %W Print name: and Comptroller WITNESS: BY: Print name Deputy Clerk of Court Arlo"_, JJosepA. d, County Administrator fqM and gal sufficiency: -L)k William K. DeBraal, Deputy County Attorney 263 DEPARTMENTAL *, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director GYV_ AND Christopher J. Kafer,Jr., P.E., County Engine FROM: Michael D. Nixon, P.E., Roadway Production Managero/t/ SUBJECT: As-Built Resolution and Final Assessment Roll for Asphalt Milling Improvements to 7th Place from 63rd Avenue to 60th Avenue in the Pine Tree Park Subdivision IRC Project No. 1212 DATE: June 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 petition met the requirements for petition paving(millings)and the project moved forward. On February 12,2013 the Board of County Commissioners conducted the Public Hearing with regard to the special assessment and directed staff to move forward with the project. The asphalt millings project has been completed. The improvements to 7th Place consist of the installation of 8- inch thick compacted asphalt millings over 9-inches of stabilized sub-grade. The roadway limits are one block west of 63rd Avenue to 60th Avenue as well as the adjoining side streets mid-block north and south of 7th Place.At the resident's request,the millings were placed in the same area as the existing dirt roadway and no roadway widening,shoulder work or drainage was included as part of the project. The final cost was $15,860.46 less than the preliminary estimate and the final assessment is as follows: PRELIMINARY ESTIMATE FINAL COST Total Project Cost(100%) $90,398.93 Total Project Cost(100%) $74,718.47 Property Owners Participation $69,155.18 Property Owners Participation $57,159.63 (75%plus 2%collection fee) (7S%plus 2%collection fee) Total Square Feet=568,894 Total Square Feet=568,894 S6W Property Owners Participation Property Owners Participation Cost per square feet=$0.121560748 Cost per square feet=$0.100475009 F:\Public WorkAENGMEMG DMS10N PROJECTS\1212-7th Phw"Oth Ave to 63rd Ave-Petition Paviog\Admim\agenda items\1212-7th PL-Pet.Mill-AS-built RFS.4.6-18-12 264 rnr•r rrcncrnrr a__ Page 2 7th Place Petition Millings Project(63rd Avenue to 60th Avenue)—Pine Tree Park Subdivision For July 2, 2013 BCC Meeting The Final Assessment Roll has been prepared and is ready to be delivered to the Clerk to the Board. The Board of County Commissioners approved the two (2)year payment plan so that assessments can be paid within 90 days or spread out over two(2)equal installments,the first to be made twelve (12) months from the due date and the subsequent payment to be due the next year at an interest rate of 5.75%as established by the Board of County Commissioners. FUNDING The total estimated project cost= $74,718.47 75%to be paid by property owners= $56,038.85 2%Collection fee(75%figure) = $1,120.78 Total assessment= $57,159.63 25%to be paid by the County=$.18,679.62 that will be allocated from the Road and Bridge Petition Paving Account No. 10921441-035510-13010, 7th Place/Pine Tree Park(60th Avenue-63rd Avenue). RECOMMENDATION Staff recommends the Board of County Commissioners move to approve the As-Built Resolution and the Final Assessment Roll. The Final Assessment Roll and Assessment Map are available for viewing (W in the Board of County Commissioner's office and are to be transferred to the Department of Utility Services for billing and collection. ATTACHMENTS 1. As-Built Resolution 2. As-Built Costs 3. Final Assessment Roll and Assessment Map DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent 2. Vincent M. Burke, P.E., Director of Utilities Services APPROVED AGENDA ITEM Indian River County ed Date 1-2013 Administration FOR Budget BY Legal K2. 6 2'(3 Utilities Y t. ZS- (• _U Public Works Engineering F:\Public Works\ENGI1EERING^DIVISI0N�PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\AdmiMagenda items\1212-7th 265 (W As-Built(Fourth Reso.) RESOLUTION NO.2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA CERTIFYING "AS-BUILT" COSTS FOR CERTAIN ASPHALT MILLING IMPROVEMENTS TO 7d' PLACE WEST OF 63rd AVENUE TO 60' AVENUE, IN THE PINE TREE PARK SUBDIVISION - IRC PROJECT NO. 1212, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE,AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS,the Board of County Commissioners of Indian River County determined that the improvements described herein specially benefited the property located within the boundaries as described in this title, designated as Project No. 1212, are in the public interest and promote the public welfare of the county; and WHEREAS on February 12 2013 the Board held a public hearing in the Commission Chambers at which time the owners of the property to be assessed were afforded an opportunity to appear before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS,after such public hearing was held the County Commission adopted Resolution No. 2013-009 which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in an attachment to that resolution; and WHEREAS, now that the project has been completed, the Director of Public Works has certified the actual "As-Built" cost to be $0.100475009 per square foot, which is less than $0.121560748 per square foot in the confirming Resolution No. 2013-009. F:YPublic NOrksVENGINEERING DIVISION PROJECTSY1212-7th Place-60th Ave to 63rd Ave-Petition PavingYAdmimVagenda itemsV1212 Resolution As-Built 6-6-13.doc 266 RESOLUTION NO. 2013- NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. To avoid interest and penalty charges,payment may be made within ninety(90)days after the passage of this resolution. 2. Payments bearing interest at the rate of 5.75%per annum may be made in 2 equal annual installments, the first to be made twelve(12)months from the due date.The due date is ninety(90) days after the passage of this resolution. 3. The assessment roll for said project listed in Resolution No.2013-009 shall be asset forth in attached Exhibit "A" to this resolution. 4. The assessments as shown in attached Exhibit"A"shall stand confirmed and will remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown in Exhibit "A", attached to Resolution No. 2013-009 were recorded by the County on the public records of Indian River County,and the lien shall remain prima facie evidence of its validity. F:YPublic WorksYENGINEERING DIVISION PROJECTSY1212-7th Place-60th Ave to 63rd Ave-Petition PavingYAdmimVagenda ite=V1212 Resolution As-Built 6-6-13.doc 267 RESOLUTION NO. 2013- This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote,the vote was as follows: Chairman 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 OF INDIAN RIVER COUNTY,FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Attachment: Exhibit"A" Approved as to form and legal sufficiency: illiam K. DeBraal, eputy County Attorney F:YPublic WorksVENGINEERING DIVISION PROJECTSVI212-7th Place-60th Ave to 63rd Ave-Petition PavingVAdmimVagenda itemsV1212 Resolution As-Built 6-6-13.doc 268 EXHIBIT AS-BUILT COST: 7th Place From West of 63rd Avenue to 60th Avenue 7-02-13 ASPHALT MILLINGS IMPROVEMENTS Project #1212 TOTAL S.F. 568,894.00 1. CONSTRUCTION $67,982.57 2. ENGINEERING (5%of construction cost) $3,399.13 TOTAL CONSTRUCTION & ENGINEERING $71,381.70 3. PERMIT FEES $0.00 4. TESTING $0.00 (W 5. RECORDING FEE $1,160.50 SUB-TOTAL $72,542.20 6. 3.00% ADMIN. FEE $2,176.27 TOTAL COST OF PROJECT $74,718.47 75%TO BE PAID BY PROPERTY OWNERS $56,038.85 2% COLLECTIONS FEE (75% FIGURE) $1,120.78 TOTAL ASSESSMENT 1 $57,159.63 25%TO BE PAID BY COUNTY $18,679.62 COST PER SQ.FT. $0.100475009 (iw FAPublic Works\ENGINEERING DIVISION.PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\Admim\Assessment\Assessment.As-Built-ASPHALT MILLING ONLY REV 6-18-13xls.xis 269 ASPHALT M4G FINAL ASSESSMENT ROLL FOR: Cost Per Square Foot= 0. 15009 7th Place-West of 63rd Avenue to 60th Avenue IRC PrQJct`No 1212Leg . `= Owner;!. Malling Address alDescf , S9Ft >Cost 18 Verleye Ave., East Northport, NY Pine Tree Park Unit No.1 Blk A Lot 11 & 33391700002000100011.0 Fish,Theodore Kenneth Jr. 11731 W 1/2 of Lot 12 PBI 3-38 10,454 $1,050.37 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 R/W 33391700002000100012.1 Rebecca M. 6376 7th PI.,Vero Beach, FL 32968 for 7th PI. as in OR BK 867 PG 891 10,454 $1,050.37 Pine Tree Park Unit No.1 Blk A Lots 14, 15 33391700002000100014.0 Schuessler, Glenn&Linda 6356 7th PI.,Vero Beach, FL 32968 &W 1/2 of Lot 16 PBI 3-38 17,860 $1,794.48. Pine Tree Park Unit No. 1, PBI 3-38 Blk A, E 1/2 of Lot 16 and all of Lots 17 thru 20 33391700002000100018.0 Hall, Robert D.&Elinor B. 765 63rd Ave.,Vero Beach, FL32968 inc 36,155 $3,632.67 P"m ... _ Sabonjohn, Peter(TR)& 430 10th St.S.W.,Vero Beach,FL Pine Tree Park Unit No. 1, Blk D Lot 10, 33391700002000400010.0 Cannon,Susan(TR) 3296.2 PBI 3-38 6,970 $700.31 P.O.Box 2173,Vero Beach, FL Pine Tree Park Unit No. 1, Blk D Lots 33391700002000400006.0 Alkayaly,Ahmad&Sally 32961-2173 . 6,7,8&9, PBI 3-38 28,750 $2,888.66 1635 Aynsley Way,Vero Beach, FL Pine Tree-Park Unit No. 1, Blk D Lot 5, 33391700002000400005.0 Green, Edward&Theresa 32.966 PBI 3-38 7,405 $744.02 Pine Tree Park Unit No. 1,Blk D Lot 4, 33391700002000400004.0 Smith, Michelle E. 6335 7th PI.,Vero Beach, FL 329.6.8 PBI 3-38 7,405 $744.02 Pine Tree Park Unit No. 1, Blk D Lot 3, 33391700002000400003.0 Soumar,Joel C. 6325 7th PI.,Vero Beach, FL 32968 PBI 3-38 7,405 $744.02 Pine Tree Park Unit No. 1, Blk D Lots 1 & 33391700002000400001.0 Housel,Kevin L.&Edie R. 6315 7th PI.,Vero Beach, FL 32968 2, PBI 3-38 18,295 $1,838.19 _. _ . Han. kinson, Norman'J.&Sandra Pine Tree Park Unit No. 1, Blk B Lots 19 33391700002000200019.0 J. 6286 7th Pl.,Vero Beach, FL 32968 20, PBI 3-38 17,424 $1,750.68 Pine Tree Park Unit No. 1, Blk B Lots 17& 33391700002000200017.0 Russ,Wayne H. &Shirley A. 22.205 43rd Dr.,Lake City, FL 32.024 18, PBI 3-38 14,810 $1,488.03 Pine Tree Park Unit No. 1, Blk B Lots 15& 33391700002000200015.0 Trodglen, Paul M &Elizabeth M. 6236 7th PI.,Vero Beach, FL 32968 16, PBI 3-38 14,810 $1,488.03 Pine Tree Park Unit No. 1, Blk B Lots 13& 33391700002000200013.0 Holman, Steven R.(TR)(TOK) 6226 7th PI.,Vero Beach, FL 32968 14, PBI 3-38 14,810 $1,488.03 Pine Tree Park Unit No. 1, Blk B Lots 11 & 33391700002000200011.0 Alcaraz-Lopez Enrique&Zaida I. 6206 7th PI.,Vero Beach, FL 32968 12, PBI 3-38 14,810 $1,488.03 4875 Pheasant Ln.S.W. ,Vero Pine Tree Park Unit No. 1, Blk C Lots 1 & 33391700002000300001.0 Burke,Thomas J &Kathleen A. Beach, FL 32968 2, PBI 3-38 17,424 $1,750.68 6275 7th PI SW.,Vero Beach, FL Pine Tree Park Unit No. 1,Blk C N 100 ft 33391700002000300003.1 Lopez, Deanna 32962 of Lot 3&all Lot 4, PBI 3-38 13,504 $1,356.81 _ ._ _._ _ Pine Tree Park Unit No. 1,Blk C Lots 5 33391700002000300005.0 Culp,John&Linn, Carol J. 6245 7th PI.,Vero Beach, FL 32968 thru 7 inc&Lot 16, PBI 3-38 29,185 $2,932.36 N F:1Public WorksIENGINEERING DIVISION PROJECTS11212-7th Place-60th Ave to 63rd Ave-Petition Paving\AdmimWssessment\Assessment.As-Built-ASPHALT MILLING ONLY REV 6-25-13 1 ASPHALT MR dG FINAL ASSESSMENT ROLL FOR: Cost Per Square Foot = 0. '5009 7th Place-West of 63rd Avenue to 60th Avenue RO.wn�er� Malling'Address LegalD�scr S'gFt Cost Pine Tree Park Unit No. 1, Blk C Lots 8& 33391700002000300008.0 Novak,William J. 6225 7th PI.,Vero Beach, FL 32968 9, PBI 3-38 14,810 $1,488.03 11196 S. Indian River Dr.,Sebastian, Pine Tree Park Unit No. 1, Blk C Lot 10, 33391700002000300010.0 Meeks, Ronald E. FL 32958-4751 PBI 3-38 7,405 $744.02 _ . ..._. Ooiey,Danny&Vaughn, Pine Tree Park Unit No.4,Blk A Lots 23& 33391700005000100023.0 Heather Lynne(Ooley) 6196 7th PI.,Vero Beach, FL 32968 24, PBI 4-57 11,761 $1,181.69 Pine Tree Park Unit No.4, Blk A Lot 22, 33391700005000100022.0 Diaz, Concepcion&Nieto,Jorge 1620 E. 17th St.,St.Anna,CA 92705 PBI 4-57 5,663 $568.99. Pine Tree Park Unit No.4, Blk A Lot 21, 33391700005000100021.0 Arnold,Jeffrey P.&Tina M. 6176 7th PI.,Vero Beach, FL 32968 PBI 4-57 5,663 $568.99 Pine Tree Park Unit No.4, Bik A Lot 20, 333917000050.00100020.0 Barlow, Myong 616.6 7th PI.,Vero Beach, FL 32968 PBI 4-57 5,663 $568.99 Pine Tree Park Unit No.4,Blk A Lot 19, 33391700005000100019.0 Cambron, Dean D. 6156 7th PI.,Vero Beach, FL 32968 PBI 4-57 5,663 $568.99 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 $568.99 Gelfo, Maureen J.&Gelfo, P.O. Box 844,Vero Beach, FL Pine Tree Park Unit No.4, Blk A Lots 13 33391700005000100013.0 Regina 32961-0844 thru 17 inc, PBI 4-57 28,750 $2,888.66 Pine Tree Park Unit No.4, Blk D Lots 1 & 33391700005000400001.0 Scharr,John C.&Marsha 6195 7th PI.,Vero Beach, FL 32968 2, PBI 4-57 9,583 $962.85 Pine Tree Park Unit No.4, Blk D Lot 3& 33391700005000400003.0 Morris,James Edward 6185 7th PI.,Vero Beach, FL 32968 W 1/2 of Lot 4, PBI 4-57 8,276 $831.53 .Lachance, Matthew Roland& Pine Tree Park Unit No.4, Blk D E 1/2 Lot 33391700005000400004.0 Rebecca Lee 6175 7th PI.,Vero Beach, FL 32968 4&all Lot 5, PBI 4-57 8,276 $831.53 Pine Tree Park Unit No.4, Blk D Lot 6, 33391700005000400006.0 Strickland, Kristiana N. 6155 7th PI.,Vero Beach, FL 329.68 PBI 4-57 5,663 $568.99 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 5,663 $568.99 33 Cottontail Ln., North Haven, CT Pine Tree Park Unit No.4, Blk D Lots 8& 33391700005000400008.0 Rotondo, Louis 06473 9, PBI 4-57 11,326 $1,137.98 Pine Tree Park Unit No.4, Blk D Lot 10, 33391700005000400010.0 :Pierce, Margaret A.(LE) 6115 7th PI.,Vero Beach, FL 32968 13131 4-57 5,663 $568.99 Pine Tree Park Unit No.4,Blk D Lot 11, 33391700005.000400011.0 Cox,Bret 1621 4th Ave.,Vero Beach, FL 32960 PBI 4-57 6,098 $612.70 Shambora, Robert Douglas& Pine Tree Park Unit No.4, Blk D Lot 12, 33391700005000400012.0 Diana T. 735 61st Ave.,Vero Beach, FL 32968 PBI 4-57 4,792 $481.48 Pine Tree Park Unit No.4, P61'4-57 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 22 18,731 $1,882.00 N F:\Public Works\ENGINEERING DIVISION PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\Admim\Nssessment\Assess ment.As-Built-ASPHALT MILLING ONLY REV 6-25-13 2 ASPHALT Nr 'VG FINAL ASSESSMENT ROLL FOR: r Cost Per Square Foot = o.. *75009 7th Place-West of 63rd Avenue to 60th Avenue IRC Project,No X121;2 Owner; Mailirig Address' LegalDescr SgFt Cost Pine Tree Park Unit No.4,Bik B W 34ft 33391700005000200018.0 Morgan,Gary L.Jr.&Robin M. 6076 7th PI.,Vero Beach, FL 32962 Lot 18& 19 Less W16ft, PBI 4-57 7,841 $787.82 Pine Tree Park Unit No.41 Blk B Lots 17& 33391700005000200017.0 Morgan, Gary L.Jr.&Robin M. 6076 7th PI.,Vero Beach, FL 32968 18 Less W 34ft, PBI 4-57 7,405 $744.02 208 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 $568.99 1095 Morningside Dr.,Vero Beach, Pine Tree Park Unit No.4,Blk B Lots 14& 33391700005000200014.0 !Hiers Properties LLC FL 32963 15, 13131 4-57 11,326 $1,137.98 Woodyear,Barney R.&Brock, 299 Park Trails Dr., Newark,OH Pine Tree Park Unit No.4, Blk B Lot 12, .33391700005000200012.0 Judith L. 43055 PBI 4-57 5,663 $568.99 686 3rd PI.,Vero Beach, FL Pine Tree Park Unit No.4, Blk B Lot 13, 33391700005000200013.0 Hiers Properties LLC 32962-3637 PBI 4-57 6,098 $612.70 Pine Tree Park Unit No.4,Blk C Lots 1 & 33391700005000300001.0 Korsman,Alan D.&Sharon J. 736 61st Ave.,Vero Beach, FL 32968 2, PBI 4-57 10,890 $1,094.17 Pine Tree Park Unit No.4, Blk C Lots 3& 333.9170.0.0.050.0030.00.03.0 Fulton, Mindy Sue 6065 7th PI.,Vero Beach, FL 32968 4, PBI 4-57 11,326 $1,137.98 Pine Tree Park Unit No.4,Blk C Lot 5, 33391700005000300005.0 Linzer, Ronald G. &Michele A. 6055 7th PI.,Vero Beach, FL 32968 PBI 4-57 5,663 $568.99 Pine Tree Park Unit No.4, Blk C Lot 6, 33391700005000300006.0 Costello,Joyce&Street, Kim C. 6045 7th PI.,Vero Beach, FL 32962 PBI 4-57 5,663 $568.99 Pine Tree Park Unit No.4, Blk C Lot 7, 33391700005000300007.0 Nelson, Brian C.&Judy I. 6035 7th PI.,Vero Beach, FL 32968 PBI 4-57 5,663 $568.99 Pine Tree Park Unit No.4, Blk C Lot 8, 33391700005000300008.0 Introcaso,Alex 6535 4th PI.,Vero Beach, FL 32968 PBI 4-57 5,663 $568.99 534 SE Euclid Ln., Port St. Lucie, FL Pine Tree Park Unit No.4, Blk C Lot 9, 33.391700005000300009.0 Roberts,Kathy&Derek 34983-2128 PBI 4-57 5,663 $568.99 6470 SW 82nd St., Miami, FL Pine Tree Park Unit No.4,Blk C Lot 10, 33391700005000300010.0 Losada, Marta Maria 33143-7912 PBI 4-57 6,098 $612.70 Strada Prov.Le Morronese 13, N2 Pine Tree Park Unit No.4, Blk C Lot 11, 33391700005000300011.0 Silvestri, Gabriella 67039 Sulmona Italy PBI 4-57 5,227 $525.18 Total= 568,894 $57,159.63 fV F:\Public Works\ENGINEERING DIVISION PROJECTS\1212-7th Place-60th Ave to 63rd Ave-Petition Paving\Admim\Assessment\Assessment.As-Built-ASPHALT MILLING ONLY REV 6-25-13 3 N • � ,� � rqo CAAAW JrAW _; ® O © OO © OO OO OO ' 10 ` OS ® OO © OO OO OO ® 01 OO ® OO © 7 e 9 1 ` 1 _ _ < E Au, ------ I------i uA7 , z O O O ® O O ® O © D O O -- ® t ,.fl 'r6I 67 1 13 1• i 1 5. 1' 3 1 3 7 14 7191 1 i b _ v.AiN I S 7TH PL. 10 7w .ros r u Te .�r 1 s.r 1 totrod 2 r.' � I ]2 Aa, r4 nrrt r s LEGEND — PROPERTY TO BE ASSESSED ASSESSMENT MAP 7T11 PL. FROM WEST OF 63RD AVE. TO 60TH A VE. NOTE.• S F. AREAS ARE PER THE /NO/AN RIVER COUNTY PROPERTY APPRAISER l ° N•W'0" Oct. BYINDIAN RIVER COUNTY Osaor/ment of Pub!!c Works ' ' ' 7TH PL. PETIT/ON ASPH,4LT M/LLINOS 7801 271h SMEET CHANCE NAM N OTB UNIT NO CK 13 NPN X72 807—:.C-c 32900 Englnssrfng O!Y/s/on 1212 ASSESSMENT MAP N W W" INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES � ► AGENDA ITEM Date: June 17, 2013 To: Joseph A.Baird,County Administrator From: Vincent Burke,P.E.,Director of Utility Service's' Prepared By: Terry Southard,Operations Manager cvt � ` Subject: Work Order No. 5—Professional Services to Kimley-Horn&Associates,Inc.for the Acid Tank Replacement South RO Water Treatment Plant(Amendment#1) BACKGROUND: The South County Reverse Osmosis plant(SCRO) has an existing 16,000 gallon bulk acid tank that is over 12 years old, and it is nearing the end of its service time frame. Since this tank has been put into service, process control operations have changed reducing the need for an acid tank of the same size. ANALYSIS: On February 19, 2013 the Board of County Commissioners approved Work Order No. 5 to Kimley-Horn& Associates, Inc. (Kimley—Horn). The total amount, $17,900.00,was for professional services related to the acid tank at the South County Water Plant. The scope of services for Kimley-Horn included 4 tasks; 1) Review Existing Conditions, 2) Design Plans and Specifications, 3) Coordinate with FDEP, 4) Services During Construction. The Florida Department of Environmental Protection has requested additional information for permitting of the removal of the existing tank, and request for reduction in size of the new acid tank, which was not included under the original scope of Work Order#5. The attached Amendment with Kimley-Horn is for additional professional services for the FDEP Permit Application Preparation and Certification of Completion. Kimley-Horn has proposed to provide these additional services for an added cost of$5,500.00. This would bring the total cost for Work Order No. 5 to$23,400.00. FUNDING: Funds for this project will be derived from the Utilities South RO Acid Tank Account in the operating fund. The operating fund budget is derived from water and sewer revenues. (low IYII, South RO Acid Tank 471-169000-13505 -Replacement $5,500.00 -- 2 74 RECOMMENDATION: p,r Staff recommends that the BOCC approve the attached Amendment#1 to Work Order 5 to Kimley-Horn& Associates, Inc., in the amount of$5,500.00,and authorize the Chairman to execute same as presented. ATTACHMENT(S): Work Order No. 5 Amendment No. 1 Application for a Specific Permit to Construct PWS Components APPROVED FOR AGEN A: Indian River Co. royed Date Administration rj /f By: s Utilities LEW � �( sep A. Bair , ounty Administrator Budget For: Q Legal .a •�3 at Risk Manager 275 (W AMENDMENT NUMBER 1 WORK ORDER NUMBER 5 This Amendment _1_to Work Order Number_5_ is entered into as of this day of 2013_ pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC., ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number_5_, Effective Date_February 19, 2013. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit 1 (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), and within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first (W written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN and OF INDIAN RIVER COUNTY ASSOCIATES, INC. By: By: Kevin Schanen, P.E. Joseph E. Flescher,Chairman Title: Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk By: Clerk of ourt and m troller Approved: (� Joseph . B ird,County Administrator Approved as to form and legal sufficiency: Alan .Polackwic ,Sr.,County Attorney 276 EXHIBIT#1 Amendment#1 to Work Order Number 5 Bulk Acid Tank Replacement at South Oslo Water Treatment Plant PROJECT UNDERSTANDING This amendment modifies Work Order#5 to include permitting and certification of completion,which was not included under the original scope. FDEP Southeast District has requested a minor modification permit be submitted with application fee for replacement of the tank and does not consider the tank replacement like for like due to the significant size reduction. The scope of work consists of permit application preparation, response to FDEP requests for information, and final certification of completion. SCOPE OF WORK Task 1: Permit Application Preparation Consultant will prepare permit application Form 62-555.900(1)and submit application with supporting plans and specifications to the Florida Department of Environmental Protection Southeast District. Consultant will prepare design calculations which support the substantial reduction in tank capacity and submit supporting documents with FDEP application. Consultant will answer one round of requests for information from FDEP. A permit application fee of$1,000 will be furnished by Owner as part of the application. Task 2: Certification of Completion Consultant will witness final installation of storage tank, supporting piping, valves,and instrumentation. Consultant will prepare a Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation(FAC Form 62- 555.900(9). Consultant will submit record drawings as part of the certification,which will be based on information provided by the contractor. Major modifications to the drawings will be provided by the contractor. SCHEDULE K:\WPB_Civil\044572025-SRO Acid Tank Replacement\Scope\Acid Tank Permitting Amendment revl.docx Page 1 of 2 277 (W Services for Task 1 are completed anticipated to be within 3-4 weeks of notice to p proceed. Task 2 is dependent upon contractor's schedule but should be performed concurrently with completion of the project and should be completed within 4 weeks after construction completion. FEES We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15, 2011,with Indian River County. The Consultant will provide professional services for a lump sum fee as follows: Task No. Task Task Fee Task 1 Review Existing Conditions,Phasing Plan $ 3,500 Task 2 Design Plans and Specifications $2,000 TOTAL LUMP SUM FEE $ 5,500 (w K:\WPB_Civil\044572025-SRO Acid Tank Replacement\Scope\Acid Tank Permitting Amendment rev Ldocx Page 2 of 2 278 CnoitA APPLICATION FOR A SPECIFIC PERMIT TO CONSTRUCT PWS COMPONENTS See page 4 for instructions. A. Name of Project: South R.O.Acid Tank Replacement B. Description of Project and Its Purpose:Replace Existing 16,000 gallon Bulk Acid Tank with a new 9,000 gallon bulk acid tank, including supply line replacement and fill valve. C. Does project create a"new system"as described under subsection 62-555.525(1),F.A.C.? ❑Yes,and a completed copy of Form 62-555.900(20),New Water System Capacity Development Financial and Managerial Operations Plan,is attached. ®No. D. Location of Project 1. County Where Project Located:Indian River 2. Description of Project Location:South Oslo Rd.Water Plant Site 1550 9m Street S.W. Vero Beach FL 329624311 (W 3. Latitude and Longitude of Each New Treatment Plant and Each New Raw Water Source attach additional sheets if necessary) �. ..::.��,, an1�;0�`1�pT�•ea�tp�I1����T�'�;p�.'"Ra �; �t�el-'�� ,C,t;i'�'�`'�;�",),'£..�;, m .,m;�°..>��a�itUdej-` "` �3� ' _ o ION0 IV ., 'IN o WY 0 1 'IN 0 IIW 0 1 'IN 0 IV 0 1 ItN O , „W E. Estimate of Cost to Construct Project:.$120,000.00 F. Estimate of Dates for Starting and Completing Construction of Project:ASAP-October 2012 G. Applicant PWS/CompanyName:Indian River Co un Utilities PWS Identification No.:* 3314052 PWS Type:* M Community Non-Transient Non-Community Transient Non-Community Consecutive Contact Person:Terry Southard I Contact Person's Title:Treatment Superintendent Contact Person's Mailing Address:4350 41"Street City:Vero Beach IState:FL Zip Code:32967 Contact Person's Telephone Number:7722263404 Contact Person's Fax Number: Contact Person's E-Mail Address:tsouthard@ircgov.com * This information is required only if the applicant is a public water system(PWS). H. Public Water System(PWS)Supplying Water to Project PWS Name:Indian River County Utilites PWS Identification No.:3314052 PWS e: Community Non-Transient Non-Community Transient Non-Community Consecutive PWS Owner: Contact Person:Terry Southard Contact Person's Title:Treatment Superintendent Contact Person's Mailing Address:4350 41"Street- City: treetCi :Vero Beach State:FL Zip Code:32967 Contact Person's Telephone Number: 7722263404 Contact Person's Fax Number: Contact Person's E-Mail Address:tsouthard irc ov.com DEP Form62-555.900(1) Page 1 Effective August 28,2003 279 APPLICATION FOR A SPECIFIC PERMIT TO CONSTRUCT PWS COMPONENTS Pro'ect Name:South R.O.Acid Tank Replacement A licant:Indian River County Utilities Public Water System(PWS)that Will Own Project After It Is Placed into Permanent O eration PWS Name:Indian River County Utilites I PWS Identification No.:*3314052 PWS Type:* Community Non-Transient Non-Community Transient Non-Community Consecutive PWS Owner: Contact Person:Terry Southard Contact Person's Title:Treatment Superintendent Contact Person's Mailing Address:4350 41st Street City:Vero Beach State:FL Zip Code:32967 Contact Person's Telephone Number:7722263404 Contact Person's Fax Number: Contact Person's E-Mail Address:tsouthard irc ov.com * This information is required only if the owner/operator is an existing PWS. J. Professional Engineer(s)or Other Persons in Responsible Charge of Designing Project* Company Name:KHA Designer(s):Mark D.Miller Titles)ofDesigner(s):Project Manager Qualifications of Designer(s): ®Professional Engineer(s)Licensed in Florida—License Number(s):45320 ❑Public Officer(s)Employed by State,County,Municipal,or Other Governmental Unit of State ❑Plumbing Contractor(s)Licensed in Florida—License Number(s):^ Mailing Address of Designer(s): 1920 Wekiva Wa ,Suite 2.00 City:West Palm Beach State:FL 7-ip Code:33411 Telephone Number of Designer(s):5618400258 Fax Number of Designer(s):5618638175 E-Mail Address(es)of Designer(s):mark.miller@kimley-horn.com * Except as noted in paragraphs 62-555.520(3)(a)and(b),F.A.C.,projects shall be designed under the responsible charge of one or more professional engineers licensed in Florida. t Attach a detailed construction cost estimate showing that the cost to construct this project is$10,000 or less. (W ^ Attach documentation showing that this project will be installed by the plumbing contractor(s)designing this project, documentation showing that this project involves a public water system serving a single property and fewer than 250 fixture units, and a detailed construction cost estimate showing that the cost to construct this project is$50,000 or less. 11. certifications A. Certification by Applicant I am duly authorized to sign this application on behalf of the applicant identified in Part I.G of this application. I certify that,to the best of my knowledge and belief,this project complies with Chapter 62-555,F.A.C.,and provides assurance of compliance with Chapter 62-550,F.A.C. I also certify that construction of this project has not begun yet. Mark D.Miller Vice President Signature and Date Printed or Typed Name Title B. Certification by PWS Supplying Water to Project I am duly authorized to sign this application on behalf of the PWS identified in Part I.H of this application. I certify that said PWS will supply the water necessary to meet the design water demands for this project. I certify that,to the best of my knowledge and belief,said PWS's connection to this project will not cause said PWS to be,or contribute to said PWS being,in noncompliance with Chapter 62-550 or 62-555,F.A.C. I also certify that said PWS has reviewed the preliminary design report or drawings, specifications,and design data for this project and that said PWS considers the connection(s)between this project and said PWS acceptable as designed. • Name(s)of Water Treatment Plant(s)to Which this Project Will Be Connected: South Oslo Rd WTP • Total Permitted Maximum Day Operating Capacity of Plant(s),gpd: 8,570,000 • Total Maximum Day Flow at Plant(s)as Recorded on Monthly Operating Reports During Past 12 Months,gpd:4,246,000 Terry Southard Superintendent Signature and Date Printed or Typed Name Title DEP Form 62-555.900(1) Page 2 Effective August 28,2003 280 APPLICATION FOR A SPECIFIC PERMIT TO CONSTRUCT PWS COMPONENTS Proiect Name: South R.O.Acid Tank Replacement I A licant:Indian River County Utilities (W:. Certification by PWS that Will Own Project After It Is Placed into Permanent Operation I am duly authorized to sign this application on behalf of the PWS identified in Part I.I of this application. I certify that said PWS will own this project after it is placed into permanent operation. I also certify that said PWS has reviewed the preliminary design report or drawings,specifications,and design data for this project and that said PWS considers this project acceptable as designed. Terry Southard Superintendent Signature and Date Printed or Typed Name Title D. Certification by Professional Engineer(s)in Responsible Charge of Designing Project* I,the undersigned professional engineer licensed in Florida,am in responsible charge of preparing the preliminary design report or drawings,specifications,and design data for this project. I certify that,to the best of my knowledge and belief,the design of this ro'ect complies with Chapter 62-555,F.A.C.,and provides assurance of compliance with Chapter 62-550,F.A.C. Signature,Seal,and Date: Signature,Seal,and Date: Printed/Typed Name:Mark D.Miller Printed/Typed Name: License Number:45320 License Number: Portion of Engineering Document(s)for Which Responsible: Portion of Engineering Document(s)for Which Responsible: ALL Signature,Seal,and Date: Signature,Seal,and Date: Printed/Typed Name: Printed/Typed Name: License Number: License Number: Portion of Engineering Document(s)for Which Responsible: Portion of Engineering Document(s)for Which Responsible: * Except as noted in paragraphs 62-555.520(3)(a)and(b),F.A.C.,projects shall be designed under the responsible charge of one or more professional engineers(PEs)licensed in Florida. If this project is being designed under the responsible charge of one or more PEs licensed in Florida,Part H..D of this application shall be completed by the PE(s)in responsible charge. If this project is not being designed under the responsible charge of one or more PEs licensed in Florida,Part H..D does not have to be completed. DEP Fonn62-555.900(1) Page 3 Effective August 28,2003 281 APPLICATION FOR A SPECIFIC PERMIT TO CONSTRUCT PWS COMPONENTS INSTRUCTIONS:This application shall be completed and submitted by persons proposing to construct or alter public water system omponents unless such proposed construction or alteration is permitted under the Department of Environmental Protection's(DEP's) "General Permit for Construction of Water Main Extensions for Public Water Systems," in which case Form 62-555.900(7)is to be completed and submitted,or under the DEP's"General Permit for Construction of Lead or Copper Corrosion Control,or Iron or Manganese Sequestration,Treatment Facilities for Small or Medium Public Water Systems," in which case Form 62-555.900(18)is to be completed and submitted. Complete and submit one copy of this application to the appropriate DEP District Office or Approved County Health Department(ACHD)along with payment of the proper application processing fee and one copy of the following information: • either a preliminary design report or drawings,specifications,and design data(the preliminary design report or drawings, specifications,and design data shall contain all pertinent information required under subsection 62-555.520(4),F.A.C.);and • the Florida Public Service Commission(FPSC)certificate of authorization to provide water service if the project involves construction of a new public water system subject to the jurisdiction of the FPSC. All information provided on this application shall be typed or printed in ink. Application processing fees are listed in paragraph 62- 4.050(4)(n),F.A.C. Checks for application processing fees shall be made payable to the Department of Environmental Protection or to the appropriate ACHD. Preliminary design reports,drawings,specifications,and design data prepared under the responsible charge of one or more professional engineers licensed in Florida shall be signed,sealed,and dated by the professional engineer(s)in responsible charge. NOTE THAT A SEPARATE APPLICATION AND A SEPARATE APPLICATION PROCESSING FEE ARE REQUIRED FOR EACH NON-CONTIGUOUS PROJECT.* * Non-contiguous projects are projects that are neither interconnected nor located nearby one another(i.e., on the same site, on adjacent streets, or in the same neighborhood). DEP Form 62-555.900(1) Page 4 Effective August 28,2003 282 INDIAN RIVER COUNTY, FLORIDA * * BOARD MEMORANDUM �LOR104` Date: June 20,2013 REGULAR AGENDA ITEM To: Joseph A.Baird,County Administrator From: Vincent M. Burke,P.E.,Director of Utility Services Prepared By: Michael C.Hotchkiss,P.E., Capital Projects Manager Subject: Approval of Amendment No.2 to Work Order No. 1 with Atkins,Inc.for Engineering Services to Design Improvements for Miscellaneous Deteriorated Clarifier Structures at the West Regional Wastewater Treatment Facility BACKGROUND AND ANALYSIS: On February 7, 2012, the Board of County Commission (BCC) approved Work Order No. 1 with Atkins North America (ANA) in the amount of$109,980.00 to provide design services, construction plans, bid documents, permitting and construction services for implementation and construction of the West Regional Wastewater Treatment Facility (WRWWTF) Odor Improvements. Amendment No. 1 to Work Order No. 1 was approved by the BCC on July 10, 2012 to design, permit and oversee construction services to modify the grit collection dumpster building, for a total fee of$8,600.00. The BCC authorized award of the Odor Improvements project to R.J. Sullivan on January 22, 2013 in the amount of$1,015,000.00. R.J. Sullivan was issued a Notice to Proceed with construction on May 30, 2013,and construction is currently underway. (W On March 12, 2013 a structural engineer from ANA,David G. Kittridge,P.E.visited the site to inspect deteriorating conditions of Clarifiers No. 1 & 2 (see Attachment 2 for engineering report from David G. Kittridge, P.E. dated March 12, 2013). The deteriorated condition of the walkway in between the clarifiers was determined to be severe and pose a safety concern for staff that operate the facility. Due to the safety condition of the clarifiers,repairs are considered to be a high priority. Amendment No. 2 to Work Order No. 1 (see Attachment 1) with ANA provides additional engineering services to design and provide construction management to replace the deteriorated carbon steel walkway in between Clarifiers No. 1 & 2. Design specifications will also be provided in Amendment No. 2 to Work Order No. 1 to restore additional deteriorating conditions developing at the clarifiers, such as replacement of a dilapidated sludge squeegee, repair of spalling concrete and replacement of deteriorating coatings. The additional engineering fees for Amendment No. 2 to Work Order No. 1 are$11,600.00. This will result in a revised contract associated with Work Order No. 1 in the amount of$130,180.00. The engineer's estimated construction cost for the structural restoration and miscellaneous clarifier repairs is $135,000.00. A change order will be submitted form R.J. Sullivan and submitted to the BCC for construction of the referenced improvements upon completion of the design and specifications by ANA. FUNDING: Funding for the WRWWTF Structural Restoration is available in the Utilities fund Account Number 47123536-044699-11504. Funds for this project are derived from renewal and replacement funds. Renewal and Replacement fund revenues are generated from water and sewer sales. 283 Page-2— REGULAR AGENDA ITEM Error!Reference source not found. ACCOUNT NO.: Description Account Number Amount Amendment No.2 to Work Order No. 1 for Design and Specifications for West Regional 47123536-044699-11504 $11,600.00 WWTF Structural Restoration RECONEVIENDATION: It is Staff's recommendation that the Board of County Commissioners approve Amendment No. 2 to Work Order No. 1 with ANA in the amount of$11,600.00, and authorize the Chairman to execute same,as presented. ATTACHMENT(s): 1. Engineering Report from David G. Kittridge, P.E. regarding inspection of Clarifiers 1 & 2 at the West Regional Waste Water Treatment Facility, dated March,, 2013 (9 Pages) 2. Amendment No. 2 to Work Order No. 1 and supporting documents (3 Pages) APPROVE R AGE Indian River Co. v ate Josep A. aird, County Administrator Administration (o ?T s� Utilities-Admin (p Ztj�3 For: o! a Q O Utilities-Finance C _ O Date Budget 3 Legal G Risk Manager Purchasing Manager 284 ATTACHMENT NO , I MEMORANDUM (W March 22,2013 TO: Raj Singh,PE Senior Project Manager Atkins FROM: David G. Kittridge,PE Principal Engineer SUBJECT: Existing Clarifiers#1 and#2 Indian River County's Western Regional WWTP Vero Beach,FL Condition Assessment Report A site visit was made on March 12, 2013 to review the general condition of the concrete& embedded metals at the above clarifiers.The overall view of the area is shown in Pictures 1 and Picture 2. This memo reviews the condition of those materials from our initial visual inspection. A more detailed inspection will be necessary to verify some of the conditions. (W Picture 1 —Overall View (W DAVID G.KITTRIDGE,PE 285 Field Report No. 1 Condition Assessment, Extg Clarifiers#1  (W 6 y t is i Picture 2 —Overall View (W Background These two clarifiers were construction the Crom Corporation. The plaque on the side of the tank gives a date of 1995. While a few changes, alterations& additions have been made to the clarifiers,they have been in near continuous operation since that time. The clarifiers are approximately 75 feet in diameter and the exterior walls about 15 feet tall. Visual Observations The main concern from this field visit was the condition of the steel channels that support the walkway between the two clarifiers. See Pictures 3 &4 for a side view of the channels. The bottoms of the channels are badly corroded. The ends of the channels and bearing pads are also severely corroded. See Pictures 5 & 6 for the bearing pads and side view of the end of the channel. Page 2 of 8 286 Field Report No. 1 Condition Assessment, Extg Clarifiers#1 & #2 (W F� qq p � py yMyyp ,,; 4 Picture 3— Exterior Walkway between Clarifiers (W M4r Picture 4— Exterior Walkway between Clarifiers Page 3 of 8 287 Field Report No. 1 Condition Assessment, Extg Clarifiers#I & #2 (W v inF Picture 6— Bearing Pads under Walkways M1.,. (W F iY f q A i m., Picture 6 — End of Walkway Steel Channel Page 4 of 8 288 Field Report No. 1 Condition Assessment, Extg Clarifiers#1 & #2 The interior clarifier mechanism appears to be in reasonable shape. See Pictures 7& 8. However, all of the steel will need to be sandblasted, cleaned & recoated with high build coating system such as Tnemec 446 primer and Tnemec 73 finish coat for the mechanism and walkway. The rubbers for the sweep and scum mechanisms need to be replaced as well. The structural steel for the scum trough appears to be quite corroded, see Picture 9. Once the steel has been sandblasted, another review of the steel will need to be performed to assess whether it should be just recoated or replaced. (W Picture 7— Interior Clarifier Mechanism Page 5 of 8 289 Field Report No. 1 Condition Assessment,Extg Clarifiers#1  Picture 8— Interior Clarifier Mechanism Picture 9 —Corroded Embedded Metal (ow Page 6 of 8 290 Field Report No. 1 Condition Assessment, Extg Clarifiers#1  The exterior of the tanks have several cracks at about 7 feet from grade, see Pictures 10& 11. The rust stains appedr to be coming from the steel walkway channels and bearing plates. Generally the cracks appear to be on the surface only and do not appear to degrade the reinforcing steel within the tank walls. However, cracks should be covered about 1 foot each side with an elastomeric coating and the entire the outside of the tanks be recoated with an acrylic exterior latex paint. t � (W Picture 10— Exterior of Crom Tank at Walkway Page 7 of 8 291 Field Report No. 1 Condition Assessment,Extg Clarifiers#1  a f.0 1. c?Tnt k 'KN s` ;1 Picture 11 — Cracks in Crom Tank Exterior Conclusions The structural steel walkway and bearing pad should be replaced as soon as possible with a hot- dipped galvanized steel channel or an aluminum channel. The aluminum railing and stairs can be reused. The interior clarifier mechanism should be sandblasted and recoated. The support structure for the scum trough will need further assessment after the structure is sandblasted. The cracks in the exterior of the tank should be sealed and the entire exterior of the tanks should be recoated. If you have any questions or require any other information, please feel free to contact me. (aw Page 8 of 8 292 r r r ELT/WC-39.21' emove and replace 3s'-p• 3s'-tr Mo. existing Walkway with aluminum or Hot CI MER ODGH BY MMM CIAR&O BRIDGE BY OTIM D Ded Galy Walkwa 4XV FlT/6Rf C�IU.56 Clarifier#1 � � t � Remove and reinstall ti3hh existing Stairs and Handrails / WALWAY REPLACEMENT PLAN BETWEEN EXING CLARIFIERS# 1 and 2 N Cfl W AMENDMENT NUMBER 2 WORK ORDER NUMBER 1 This Amendment 2 to Work Order Number 1 is entered into as of this day of , 2013 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ATKINS NORTH AMERICA, INC., ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 1 , Effective Date Feb 7, 2012. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit 1 (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), and within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS ATKINS NORTH AMERICA,INC. OF INDIAN RIVER COUNTY By: By: Joseph E. Flescher, .. Chairman Title: C,�,�,�,v�/�4t��-� BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deput Clerk Approved: n{ Josep A. ird,County Administrator Approved as"to form and legal sufficiency: (W Alan S. Pola tthl Sr.,County Attorney 294 EXHIBIT Atkins North America,Inc. 482 South Keller Road A�KINS Orlando, Florida 32810-6101 Telephone: +1.407.647.7275 www.atkinsqlobal.com/northamerica June 18,2013 Mike Hotchkiss Capital Projects Manager Indian River County 1801 27th Street. Vero Beach, F132960 RE: !West Regional WWTP Anaerobic Tanks Odor Control System Amendment for Clarifiers No. land 2 Rehab and Walkway Replacement Dear Mike, Based on our field visit and clarifiers inspection requested by you, it was determined the existing clarifiers 41 and #2 are in dire need of mechanisms and walkway rehabilitation. During the site visit, the corrosion expert and our structural engineer determined while the walkways over the clarifiers and the mechanisms can be salvaged by painting and cleaning, the walkway between the clarifiers is beyond repair and need replacement. Following is a summary of the repair/replacement scope: • Rehabilitate the clarifier mechanisms for clarifiers#1 and#2. • Rehabilitate the clarifier walkways for clarifiers#I and#2. • Replace the sludge squeegees on the clarifier mechanisms (County maintenance can perform this task after the mechanism rehab. • Replace walkway between clarifiers#1 and#2. • Paint clarifiers #1 and#2 exterior • Paint existing chlorine building and fascia board. Engineering services related to this scope were not anticipated or included in the original scope. Scope of these additional services will include the following: • Conduct site visit • Prepare a condition assessment and rehab recommendation report • Review Report with County and prepare drawings/sketches for Walkway between clarifiers#1 and#2. (W • Prepare and issue change order. 295 EXHIBIT • Review walkway and paint shop drawing and respond to request for information(RFIs) We request an additional compensation of $11,600.00 for this scope. Work Order budget summary is as follows: Original Work Order No 1 amount: $109,980.00 Amendment#1 Amount $8,600.00 Amendment#2 Budget $11,600.00 Revised Budget Total = $130,180.00 If you have any questions or need additional information, please feel free to contact us at 800- 284-5182. Sincerely, Atkins, Raj Singh, P.E. Senior Design Manager 296 12:13 INDIAN RIVER COUNTY, FLORIDA * BOARD MEMORANDUM Date: June 20, 2013 REGULAR AGENDA ITEM To: Joseph A.Baird,County Administrator From: Vincent M. Burke,P.E.,Director of Utility Services qg Prepared By: Michael C.Hotchkiss,P.E.,Capital Projects Manager - Subject: Work Order No. GKE-3 with G.K. Environmental,Inc.to Assist the County with Maintaining Developed Wetlands at the Lost Tree Islands BACKGROUND AND ANALYSIS: On August 16, 2011 the County entered into a continuing services contract with G.K. Environmental, Inc. (GKE) to provide professional services associated with environmental services. The contract was renewed for a period of one year on August 17, 2012. On November 9, 2007, the Florida Department of Environmental Protection (FDEP) issued an Environmental Resource Permit (ERP) for the Spoonbill Marsh Project. One of the conditions of the permit was for the County to mitigate 10.32 acres of exotic vegetation at the Lost Tree Islands with native habitat to compensate for disturbing high marsh habitat at the Spoonbill Marsh Site. Conditions of the permit also stipulated that the County continue to maintain the vegetative control (W of the Lost Tree Island for a period of five (5) years and to submit to FDEP an annual report during that period outlining the status of the mitigated property. Work Order No. GKE-3 is being presented today to provide the scope of services for GKE to maintain exotic vegetation at the previously mitigated 10.32 acre Lost Tree Island site. GKE will remove any exotic vegetation that has regenerated since the initial mitigated improvements, and will maintain the native vegetation at the site for a period of four (4) years. This work order will also allow the consultant to submit the required annual report to FDEP that outlines the status of the mitigated site. Work Order No. GKE-3 provides professional services and labor to remove exotic vegetation at a cost of$12,000.00 initially, and $6,000.00 per year (declining progressively down to $3,750.00 per year in year 4) for a total fee of$30,750.00 to help maintain the native characteristics of the island habitat. Work Order No. GKE-3 also includes a fee of $13,010.00 to help to assist the County in maintaining four (4) years of permit compliance monitoring and submittal of associated annual compliance reports. The total fees associated with Work Order No. GKE-3 to maintain the required vegetative state and maintain compliance including submittal of annual compliance reports is $43,760.00. FUNDING: Funding for the Lost Tree Island Wetlands Maintenance Project is available in the Utilities fund Account Number 47121936-033190. Funds for this project are derived from the operating funds. Operating fund revenues are generated from water and sewer sales. `� 297 Page-2— REGULAR AGENDA ITEM F:\Utilities\UTILITY-Engineering\WTP-North RO\Grnd Hrb Spoonbill Marsh Site-UCP 2785\Lost Tree Island Mitigation\GKE Work Order\Agenda Item-Work Order No.GKE-3 RI.doc ACCOUNT NO.: Description Account Number Amount Professional Services 47121936-033190 $43,760.00 RECOMMENDATION: It is Staff's recommendation that the Board of County Commissioners approve Work Order No. GKE-3 with G.K. Environmental, Inc. in the amount of$43,760.00 and authorize the Chairman to execute same, as presented. ATTACHMENT(s): 1. Work Order No. GKE-3 with G.K. Environmental,Inc. APPROVED R AGEN Indian River County wvo 1,%,te By: Administration 7 � Joseph A. B ird, County Administrator t Utilities Director For: Utilities Finance Manager CjMll(i Date Budget(w Legal Purchasing Manager (aw 298 WORK ORDER NUMBER GKE-3 (W SPOONBILL MARSH OFF SITE MITIGATION INITIAL CLEAN-UP AND FOUR (4) YEAR FDEP COMPLIANCE MAINTENANCE AND MONITORING This Work Order Number GKE-3 is entered into as of this day of 2013, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of August 16, 2011 and renewed on August 17, 2012 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and G.K. Environmental, Inc. ("CONSULTANT'). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The CONSULTANT will perform the professional services for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe set forth in Attachment 3, attached to this Work Order and made a part hereof by this reference, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement are incorporated in each individual Work Order as if fully set forth herein. (W IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS G.K. ENVIRONMENTAL, INC. OF INDIAN RIVER COUNTY By: BY Joseph E. Flescher, Chairman T itle: Ott Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approv ,r Joseph . B rd, County Administrator Approve to for d legal sufficiency: (W -Ql� William . Debraal, Deputy County Attorney 1 299 ATTACHMENT 1 to WORK ORDER NUMBER GKE-3 (W SPOONBILL MARSH OFF SITE MITIGATION - INITIAL CLEAN-UP, FOUR (4) YEAR FDEP COMPLIANCE MAINTENANCE AND MONITORING SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide FDEP four years of permit compliance for Spoonbill Marsh off site mitigation maintenance and monitoring services for the COUNTY's Spoonbill Marsh Project. The Work is more particularly described below. TASK I Initial 10 Acre Site Clean-up and Four (4) Years Annual FDEP Compliance Maintenance (approximately 28 site visits) a. The CONSULTANT shall provide hand herbicide treatment and cutting of exotic and invasive vegetation throughout a 10 acre island area. The subject site has become re-infested with exotic re-growth and new specimens. The initial (1-time) clean-up includes the use of a four-man crew, boat, chemicals, and required equipment and spray apparatus. Following the initial clean-up, bi-monthly and quarterly treatments / inspections with boat and maintenance crew will continue for a four (4) year period (W will be completed in accordance with Task I in Attachment 2. TASK II Spoonbill poonbill Marsh Off Site Four(4) Year FDEP Permit Compliance Monitorina Reports (2 site inspections per year/8 monitoring site inspections /4 reports) a. The CONSULTANT shall provide four (4) years of annual compliance monitoring with four (4) annual compliance monitoring reports (2 site inspections per year with four photo transects and data collection). The consultant shall submit the annual compliance reports to the COUNTY for submittal to FDEP based on the permit condition submittal date (January/February each year). OWNER / CLIENT RESPONSIBILITIES a. Pay G. K. Environmental, Inc. for all maintenance and monitoring fees as described in Attachment 2. **END OF ATTACHMENT 1** (W Page 2 of 5 300 ATTACHMENT 2 to WORK ORDER NUMBER GKE-3 (W SPOONBILL MARSH OFF SITE MITIGATION - INITIAL CLEAN-UP, FOUR (4) YEAR FDEP COMPLIANCE.MAINTENANCE AND MONITORING 1. COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not-to- exceed fee of $43,700.00 based on the below four (4) year fee schedule, for services rendered according to Attachment 1 of this Work Order. If necessary, additional services shall be performed at the GKE hourly rates as set forth below. Work and Compensation Schedule TASK I Initial 10 Acre Site Clean-up and Four (4) Years Annual FDEP Compliance Maintenance (approximately 28 site visits) a) INITIAL CLEAN-UP (August/September 2013) - Due to extensive exotic growth and re-growth on the island, estimated time to complete initial clean- up with 4-man crew (boat, chemicals, equipment) is 10 days, $1,200.00 /ac x 10 ac.= $12,000.00 (W b) Compliance maintenance for initial year (2013/2014), consisting of six (6) bi-monthly visits to cut and apply follow-up herbicide on re-growth of exotic and invasive vegetation (3-man crew, boat, chemicals) (6 visits per year/$1,000.00 per visit) $6,000.00 year 1 c) Compliance maintenance for second year (2014/2015), consisting of four (4) quarterly visits to apply follow-up herbicide on re-growth of exotic and invasive vegetation (3-man crew, boat, chemicals) (4 visits per year/ $1,250.00 per visit) $5,000.00 year 2 d) Compliance maintenance for third year (2015/2016), consisting of four (4) quarterly visits to apply follow-up herbicide on re-growth of exotic and invasive vegetation (3-man crew, boat, chemicals) (4 visits per year/ $1,000.00 per visit) $4,000.00 year 3 e) Compliance maintenance for fourth year (2016/2017), consisting of four (4) quarterly visits to apply follow-up herbicide on re-growth of exotic and invasive vegetation (3-man crew, boat, chemicals) (4 visits per year/ $937.50 per visit) $3,750.00 year 4 Total initial clean-up (10 days) and 4 years (18 site visits) of compliance maintenance .......................................................... $30,750.00 Page 3 of 5 301 LV TASK II Spoonbill Marsh Off Site Four (4) Year FDEP Permit Compliance Monitoring Reports (2 site inspections per year/8 monitoring site inspections, 4 reports) a) Four (4) years of annual compliance monitoring with four (4) monitoring reports (2 site inspections per year with four photo transects across island and data collection) $3,750.00 year 1 $3,560.00 year 2 $3,000.00 year 3 $2,700.00 year 4 Total of four (4) compliance monitoring reports (8 site visits) over a four year period...................................................................... $13,010.00 TOTAL four (4) year GKE project cost (TASKS I and II)........... $43,760.00 GKE HOURLY FEES /COMPENSATION If additional work is required, GKE can perform the work for a lump sum or an hourly rate. GKE hourly rates (2013) are $110.00 / hour for Principal Ecologist and $35.00 / hour for administrative / staff assistance, and if needed $75.00 / hour for CAD operator and $75.00 / hour for field biologist/ chemist assistant. 2. PARTIAL PAYMENTS The COUNTY shall make monthly payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month or as services are performed. The CONSULTANT shall submit invoices monthly or as services are performed and expenses incurred pursuant to this Agreement during this time period. The CONSULTANT shall submit duly certified invoices to the Capital Project Manager, Mr. Mike Hotchkiss, P.E., with the Indian River County Utility Department. **END OF ATTACHMENT 2** (aw Page 4 of 5 302 ATTACHMENT 3 to WORK ORDER NUMBER GKE-3 SPOONBILL MARSH OFF SITE MITIGATION - INITIAL CLEAN-UP, FOUR (4) YEAR FDEP COMPLIANCE MAINTENANCE AND MONITORING 1. TIME FOR COMPLETION Complete all Work within the timeframes as outlined in Attachment 2. **END OF ATTACHMENT 3** Page 5 of 5 303 lt0�IT� AGENDA ITEM INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM Date: June 18,2013 To: Joseph A. Baird, County Administrator From: Vincent Burke,P.E.,Director of Utility Services ®' Prepared By: Gordon E. Sparks,P.E.,Environmental Engineer Through: Michael C.Hotchkiss,P.E., Capital Projects Manager 94 Subject: Approval for Retaining the Utilities Department Labor Contractor to Construct Water Main Loop Extensions South of Oslo Rd. and Approval of Work Authorization No. 2012-003 to Melvin Bush Construction, Inc. UCP 4101,WIP No. 471-169000-13525 DESCRIPTIONS AND CONDITIONS The Public Works Department issued a Notice to Proceed to Tim Rose Contracting on July 25,2012 for roadway and drainage improvements to Oslo Rd. between 433rd Avenue and 58 Avenue. Preliminary underground excavations were made during the design phase to identify and locate existing utilities in order to design drainage facilities without conflicts with them. However, as is generally the case with underground construction, a conflict,vyith a 16"water main was discovered during construction of drainage facilities in the vicinity of 47th Avenue. Because of depth constraints, the drainage pipe cannot be constructed to miss the 16"water main so an offset must be constructed. In order to construct the offset on.the 16"water main and avoid putting two subdivisions (Fountains at Amber Lakes and Green Acres Estates) out of water service, two line stops must be installed on either side of the offset to shut down the flow. This construction is being taken care as part of the utility construction phase of the roadway project. Two new 16" gate valves will also be installed for future emergencies. ANALYSIS: Staff decided the most expeditious solution to install the water main loops would be to retain the Utility Department Labor Contractor and direct purchase materials without having to pay sales tax. Melvin Bush Construction, Inc. was awarded the bid for the two-year contract to be the Utilities Department Labor Contractor on September 7, 2010 by the BCC for a two-year period ending September 30, 2012. Their contract was renewed on October 1, 2012 for a one-year period ending September 30, 2013. Staff prepared an estimated cost for labor and materials to install the two water main loops(See Attachment 1). The estimated labor cost is $37,000.00 (rounded) and the estimated material cost is $24,000 (rounded), for a total budget cost of$61,000.00. Work Authorization No. 2012-003 was prepared for the labor cost of$37,000.00 for Melvin Bush Construction, Inc. (See Attachment 2). (W The total estimated cost of the project is therefore $61,000.00. F:\Utilities\UTILITY-ENGINEERING\Projects-Utility Construction Pemiits\IRC-WM Loops so.of Oslo Rd.and w of 43rd Ave UCP 4101\A- {O 4 Agenda-WM Loops South of Oslo Rd.doc vvv FUNDING: Funding for the installation of the two water main loops will be from the capital budget in the Operating fund. The Operating fund budget is derived from water and sewer revenues. Description Account Number Amount Oslo Water Main Loops 471-169000-13525 $61,000.00 RECOMMENDATION: Staff recommends that the BCC approve the amount of$61,000.00 for the project, approve using the Utility Department Labor Contractor to install the two water main loops, approve Work Authorization No. 2012-003 to Melvin Bush Construction, Inc. for an amount of$37,000.00 for labor and authorize the Chairman to execute same. ATTACHMENTS:* 1. Cost Estimate for Labor and Materials 2. Work Authorization No. 2012-003 APPROVED FOR AG + DA: Indian River Co. pprove Date Administration By: f Utilities (p { Jose A. Baird, County Administrator utilities 1w: _. 44�1 Legal 6a3 For: Budget r G off' _9+Date F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-WM Loops so.of Oslo Rd.and w of 43rd Ave UCP 4101\A- ^V{0 Agenda-WM Loops South of Oslo Rd.doc r r INW Rpo Crab Dsperbaest atudwas, i LABOR AND MATERIALA COST ZSTVtATE FROM LABOR CONTRACTOR'S BID REM LIST LABOR CONTRACTOR:MELVIN BUSH CONSTRUCTION,INC. Water Male Loop Conetnctloa on 13th SL SW Betty 55111 CL p.*d: SW and ArsectliYat Dr.SW&on 9th Mar.SW west of 45th Dr.SW 0-113-13,UCT Na.,WIP 0/71-169in11L718 MELVIN BUSaw OR COST MATERMLS Bid BM IN. Hadmeted Unit of Labor Unit Total Labor Mated Unit Tofni Meterlel Item Nw Dased sora nines Mnsorc Priv Prla Priv PNrc 71 Mobilitmli Dnwbilnatioo MOT both m'eets) tt13S 9G 0.101 $2.988.00 9th Manor Water Main Loo 05e ill 8'HDPE Dveeaonal Bore 400.0 LF $28.00 $11 00.00 58.00 $3.200.00 01. )nstall 61 PVC Wales Main 100.D LF S6.00 5600.00 $4.00 5400.00 17c Install 6• V&B 2 FA. $125. 250.00 5420.00 5840.00 07 histell Mechanical Restrained Joint DI Fittin s 1.00 TON $3300.00 S3.500.00 $3.500.00 $3.500.00 21 Teat 11uW/Potholes 10 EA. 1200.00 S2.000.00 64. Laam Rest-tion(Topsoil and Sad 100.0 LF S0.40 0.00 $2.50 5250.00 53b Remo n Di se ofd -Rock Base 15.0 SY $13.00 195.00 $35.00 525.00 531 Remove D' ofandR Su 15.0 SY $13.00 5195.00 533.00 525.00 53. bestell attic C Over led base 15.0 SY S13.00 $195.00 $35.00 5525.00 57- lodall MinniOuter 2'wide 15.0 LF 58.00 120.00 SI5.00 25.00 Imnall4' 59 Cones Sidewalk 15.0 LF $3.00 545.00 $15.00 5225.00 64e Lawn Restoration Topsoil a.Sod SL Auggifilsel 100.0 SF 1 $0.40 540.00 I S2.151 5215.00 Subtotal SubtoW 9th M-Wt.3 118 80.00 S10,430.00 13th St.SW Water Main EztenSiO11100 011Lump 8'PVC Wats Mein 750.0 LF $7.00 S3150.00 $7.00 S5,250.00 17c hww18'OVRB 2 160.00t1195.0-0 5668.00 31.336.00 21 Test lioloe/PoOm 10 EA. $200.00 336 Ransom ofmd a Rock Base 15'0 SY SI3.00 $35.00 3525.00 531 R veD' ofendR leve Su a 15.0 SY 513.00 533.00 $525.00 07 1.00TON S3 00.00 $3-500-00 S3.500.00 Install Mecltmiul Restraind Joint Dl F'" 64avm Restoration Topmeg a.Sod(St.Au 100.0 SF 50.40 .540.00 $2.15 1215.00 Subtotal Subtotal l3th St.SW Water System S 1 .00 511 51.60 Sub"W Sabmtnl 9th Minor!13th SL SW Weler alenu $29.880.00 521781.00 Suboml Sobtoml Wnier S Mob. b.MOT Materia 0;Petmiaie 533 868.00 F-A.011. ]RCDUSC-b gmryA-t t % 0.10 53,286.80 52,178.10 TOTALS1 S36,154,110 $23.959.10 TOTALS ROUNDED S37,000.00 S24,000.00 TOTALROUNDED1 561000.00 ATTACHMENT 1 W O O WORK AUTHORIZATION DIRECTIVE No.201.2-003 IRC—WM Loops South of Oslo Rd. DATE OF ISSUANCE: EFFECTIVE DATE: ................ OWNER: Indian River County CONTRACTOR: Melvin Bush Construction,Inc. CONTRACT: WATER.SEWER AND RECLAIM WATER LINE REPLACEMENT/EXTENSIONS AND MISCELLANEOUS LABOR CONTRACT.BID NO.2010052.AWARDED September 7.2010 extended Oct. 1,2012 to Sot.30,2013 PROJECT:Construct two water main boRsone at 9"'Manor SW and one on I?Street SW COUNTY UTILITY PROJECT NO.: UCP#4101 CONTRACTOR'S PROJECT NO.:N/A COUNTY WIP.No.471-169000-13525 You are directed to proceed promptly with the following work: Description:Relocate water set-vice to clinic to relocated water main Purpose of Work Authorization Directive;The construction will locate the water main from private property into the utility easement. Attachments:(List documents supporting work) �w Method of determining Contract Price-, 0 Unit Prices:Bid Items as established pursuant to Bid No.2010052,and awarded by the Board of County Commissioners on September 7,2010 to Melvin Bush Construction,Inc.,extended Oct. 1,2012 •Lump Sum •Cost of the Work The Cost of Labor,Contingency and Contract Time is summarized below: Estimated Labor Cost(rounded)= $37,000.00 Estirpated Conti-act Time: 30 days Estimated Labor Cost(rounded)= $37,000.00 ACCEPTED: REC MENDED. APPROVED: By: By,. By: pa seAvil—Nih—C..�,r.,Inc., Gordon . pl,kE. Joseph E.Flescher Labor Contractor Environmental Engineer COUNTY, CHAIRMAN Date: 16-/7 Date: JM Date: Attachment 2 Work Authorimflon Nti,2012-003-WN4 Loops Soulh ol*(Xlo RdAoc 307 Attorney's Matters- 7/2/13 - Ofce 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: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorne DATE: June 21, 2013 SUBJECT: Request for Attorney-Client Session in Indian River County v. Turner Construction Company, et al, Circuit Court, Indian River County Case#312011CA002999 As the Board knows, the County is a party in pending litigation relating to the roofs of the (W administrative buildings. The County Attorney desires advice concerning the litigation — specifically, advice relating to settlement negotiations or strategy related to litigation expenditures. Accordingly, pursuant to FS 286.011(8), the County Attorney requests that the Board schedule a closed attorney-client session to be held at 10:30 AM on July 9, 2013 in the County Commissioners' Conference Room. The persons in attendance at the session will be the five commissioners, the County Administrator, the County Attorney Polackwich, and a certified court reporter. RECOMMENDATION: The County Attorney recommends that the Board schedule a closed attorney-client session to be held at 10:30 AM on July 9, 2013 in the County Commissioners' Conference Room. IndienRiver Co. p ved Date r, 3 Admin. APPROVED FOR Co.Atty. �o•Ll l3 Sr :-RE R. AGENDA Budget -- Dept. Risk Mgr. 308 Attorney's Matters—7/2/13 A . Office of 1,313 INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners n FROM: Alan S. Polackwich, Sr., County Atto y \ DATE: June 19, 2013 SUBJECT: Revision of Holman Stadium Use Guidelines The County currently leases the Vero Beach Sports Village facility to Verotown, LLC, under a Facility Lease Agreement ("FLA") which was recently extended through April 30, 2019. Paragraph 6.04 of the FLA permits the County to use Holman Stadium for up to ten days per year, which the County typically assigns to local 501(c)(3) non-profit organizations for fundraising events. Specifically, the County typically enters into a Use Agreement with the organization, which incorporates the Holman Stadium Use Guidelines ("Guidelines"). The Guidelines set forth requirements with respect to use of the premises, security, insurance, etc. Since the initial drafting of the Guidelines, they have included a provision prohibiting the sale or consumption of alcoholic beverages at events held under paragraph 6.04. However, recent developments have raised the question of whether the Guidelines should be changed in this respect. Specifically (1) the County has developed a practice of waiving the prohibition for any organization requesting waiver, and (2) on November 20, 2012, the Board adopted Ordinance 2012-037, which created section 205.10 of the IRC Code directly authorizing the sale and consumption of alcoholic beverages atthe Vero Sports Village. In light of these developments, administrative staff and the County Attorney agreed that the Guidelines should be revised to allow the sale and consumption of alcoholic beverages. The proposed new language (1) allows the sale and consumption of alcoholic beverages, unless specifically prohibited by the County, (2) requires that such sale and consumption be in accordance with City of Vero Beach and Indian River County requirements, as well as other state and federal laws, and(3) requires that sales be conducted by, and under the license of, Verotown. a 13 ladiasRiver Co. prov Date APPROVE[) FOR Admin. G d71 B.C.0 G - GULAR AGENDA Co.Atty. 2-0-19 Budget TY ATTQRN Dept. Risk Mgr. 309 MEMORANDUM—Verotown June 19, 2013 (W Page 2 Also, in revising the Guidelines, minor housekeeping issues were identified and addressed, most notably the need to replace MiLB with Verotown, as the tenant of the facility. Verotown has reviewed and approved the revisions. A redline copy of the proposed, revised Guidelines is attached. RECOMMENDATION: The County Attorney recommends that the Board of County Commissioners review and approve the proposed, revised Guidelines. ATTACHMENTS: Proposed, Revised Indian River County Holman Stadium Use Guidelines (W 310 EXHIBIT 1 (W Indian River County Holman Stadium Use Guidelines (Revised 074-.0243.11M A. Eligibility: Requesting user groups must be Not-for-Profit section 501(c)(3) corporations-based in Indian River County and serving Indian River County residents. Eligible user groups are limited to one use per lease year, May 1 through April 30. B. Use of Premises: Use of the Holman Stadium facilities and/or the four (44 eiht 8 baseball practice fields and the two-(2)- one 1 half baseball practice fields (collectively referenced as "Stadium") must be lawful and consistent with the use of Indian River County public facilities. In addition, use must be in compliance with section 6.04 of the Facility Lease Agreement dated April 21, 2009, as amended, between Indian River County, a political subdivision of the State of Florida, and Mit_BVerotown Verotown, LLC, alogia-Delaware limited liability company ("Mit=BVerotown"), a copy of which section is attached hereto as Attachment 1 and incorporated herein in its entirety by this reference. Requested use and dates must not conflict with scheduled facility use by M+L-BVerotown, Indian River County scheduled events, or events sponsored by the Treasure Coast Sports Commission. User group shall not exclude from participation in, deny the benefits of, or otherwise subject anyone to discrimination in, the use or operation of the Stadium for the event on the basis of age, sex, disability, race, color, national origin, religion, or ancestry. C. Security: Security will be provided by the Indian River County Sheriffs Office or the Vero I Beach Police Department and MiLBVerotown. The security provisions must have the prior written approval of both Mil=-Werotown and either the Indian River County Sheriffs Office or the City of Vero Beach Police Department, as applicable. The user group shall be solely responsible for all costs associated with security and shall reimburse both M L-BVerotown for the cost of security personnel and the Indian River County Sheriffs Office or the Vero Beach Police Department, as applicable, for event security and traffic control. D. Insurance: Insurance requirements will be determined by the County's Risk Manager based on the type of event, anticipated attendance, and any other criteria as established for the determination of appropriate coverage. The County shall notify the user group during the review process set forth in paragraph K2 of these Guidelines of the types and amounts of required insurance coverage. Indian River County and Mii=BVerotown must be named as additional insureds in the policy or policies of insurance. A certificate or certificates of insurance must be delivered to both the County's Risk Manager and Mi-L-BVerotown containing the types and amounts of the required coverage, and showing the required additional insureds no later than ten (W (10) business days prior to the event date. In addition, the agreement to be 1 311 executed by the user group and the County shall contain an indemnity from the user (aw group to the County and Mtl_-Werotown for the costs of any damage or destruction to the Stadium or liabilities associated with personal injury or death that occurs in connection with the use of the Stadium by the user group. E. Alcohol: having, , around,pr-eviding, on any basis whatseeveF, eF allowing the sale, use, GORsumptiOn, e . . )n, on any basis whatseeveF of, any alGeheliG beveFages of any nature iGtion with, the Stadiu se6 at any time prieF, duFang, aF aft9F the eveRt at the Stadium A user group that. Unless specifically prohibited by the County, the sale and consumption of alcoholic beverages shall be permitted during the event subject to the following restrictions: (1) such sale and consumption shall be in accordance with (i) any applicable requirements of the City of Vero Beach relating to the sale, possession or consumption of alcohol on public property, (ii) any requirements of the County determined necessary or appropriate to protect the health, safety and welfare of the residents of the County, and (iii) any other requirements of state or federal law, and (2) such sale shall be conducted by, and under the license of, Verotown. F. Facility Use Costs: User group is responsible for any and all expenses associated with the use of the Stadium, including costs imposed by Verotown for use, including, but not limited to, parking attendants, ticket takers, security personnel, clean-up crews, concession operations, and utilities, all as set forth in Attachment 1. G. Security Deposit: User group shall post a security deposit in the amount of a minimum of Ten Thousand Dollars ($10,000) in the form of cash, or a certified or cashier's check drawn on any United States bank, irrevocable direct pay letter of credit, or surety bond issued by a surety licensed,to issue surety bonds in Florida and included in the most recent United States Department of the Treasury List of Acceptable Sureties, each of the foregoing payable to Indian River County to be held by the County, and in the case of an irrevocable direct pay letter of credit or surety bond, in form and substance acceptable to the County. The County reserves the right to increase the amount of the required security deposit due to the nature of the event, and the County shall notify the User group during the review process set forth in paragraph K2 of the Guidelines of any additional amount of security deposit. The User Group shall deliver the security deposit to the County Office of Management & Budget no later than ten (10) business days prior to the event date and, if applicable, execute a cash escrow agreement between the County and the User Group, in form and substance acceptable to the County, at the time the security deposit is tendered. (aw 2 312 H. Facility Preparation and Cleanup: The user group is responsible for all costs associated with the Stadium cleanup and field restoration as set forth in Attachment 1. M1-gVerotown must approve cleanup and restoration. If the user group should fail to restore the Stadium facility and grounds, M+Lgyerotown will have the authority to initiate cleanup and restoration, and any additional costs will be the sole responsibility of the user group, as set forth in Attachment 1. The County reserves the right to deduct any such additional costs from the security deposit. I. Television Rights: Any recording or taping of the event must have the prior written approval of both M+LgVerotown and the County, which consent may be granted, denied, or conditioned by either the County or M+L-BVerotown at their sole respective discretion. Nothing contained herein shall be deemed or construed to require approval by either the County or M+L9Verotown of any recording or taping of the event. J. Concessions: Concession sales and operations must have the prior written consent of M+L-Verotown which consent may be granted, denied, or conditioned by M+LBVerotown in its sole discretion. The user group will reimburse 1411-Verotown for any concession service costs incurred by KLBVerotown, as set forth in Attachment 1. K. Procedures: 1. A written request must be submitted by the user group's chief executive officer or board of directors to the County Administrator or his designee at least ninety (90) days in advance of the requested use date. The request must include the following: requested date(s) of use, type of event, estimated attendance, purpose, proof of non-profit status, and a listing of current board of directors and executive director. I The County will coordinate with M+LBVerotown to seek the written approval of the availability of the date(s) from M+L-Verotown. 2. Review and approval shall include: County Administrator, Recreation Department, Risk Management Department, Budget Department, County Attorney and Finance Department, and the Indian River County Sheriffs Office or the Vero Beach Police Department. Additional information may be requested during the review process, including, without limitation, proposed budget and estimated expenses and revenues for the event. It is the responsibility of the requesting user group to secure all appropriate approvals. 3. After the County Administrator or designee review, the user group will be notified in writing, within thirty (30) business days after the date the request was submitted, of the status of the request; the amount of the required security deposit; the types and amounts of required insurance coverages; and the date the request will be submitted for County Commission consideration. The County Administrator or designee will submit the request to the County Commission. The County Commission may 3 313 approve, approve with conditions or deny the request. The approval or disapproval is at the sole discretion of the County Commission. 4. Execution of an agreement between the County and the user group with respect to the use of the Stadium; submission of proof of ability to obtain the required insurance coverages; delivery of security deposit, and, if applicable, execution of a cash escrow agreement between the County and the user group; and delivery of certificates of required insurance coverages. L. Fiscal Reports: Within thirty (30) business days after the event, a summary of expenses, revenues, and estimated attendance signed by the executive director and the chairperson of the user group's board must be submitted to the County Administrator or his designee. In addition, the user group shall submit fully executed copies of any agreements that user group has obtained in connection with the event between the user group and MiLgVerotown and any other vendor or provider of food and merchandise concessions, beverages, and other items associated with the event. M. No County Funding: County contribution is use of the Stadium on the date or dates requested by the user group. No County funding of any nature whatsoever, cash or in-kind, will be provided. ,, N. Permits: Any and all required permits and licenses and associated costs for use based on the Indian River County Code of Ordinances, Health Department or any other regulatory authorities are the sole responsibility of the user group. Proof of permits must be provided no later than thirty (30) calendar days prior to the requested use date to the County Administrator or his designee. Failure to provide proof of required permits authorizes the County to remedy the situation including up to termination of the requested use. Any expenses incurred by the user group associated with the use of the stadium facilities prior to the time of termination of the requested use pursuant to this paragraph are the sole responsibility of the user group. O. Cancellation of event The County, in a declared emergency, may cancel the event at its sole discretion. If the user group proposes to cancel the use after the County Commission has approved the application and reserved the date(s), the user group must notify the County Administrator or his designee and MiLgVerotown in writing as soon as possible prior to the scheduled date of use. P. Discretion The County Administrator shall have discretion to waive any procedural, time period or other such requirement of the Use Guidelines when he/she determines that such waiver is in the best interests of the County. 4 314 Q. Remedies Failure of the user group to comply with the terms of the agreement authorizes the County to cancel the event up to the date of the scheduled event, and may prohibit the use of the Stadium by the user group for future events at the sole discretion of the County. 5 315 Attorney's Matters -B.C.C. 07.02.13 Office of I .. INDIAN RIVER COUNTY Cw ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorne§��(--- DATE: June 19,2013 SUBJECT: Fertilizer Ordinance (W BACKGROUND. In 2012, the Board of County Commissioners discussed whether to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes ("Model Fertilizer Ordinance"), or some other form of a fertilizer ordinance. The discussion was prompted, in part, by section 403.9337, Florida Statutes, which provides that "each county ... located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt" the Model Fertilizer Ordinance; or, as an alternative, adopt a more stringent fertilizer ordinance meeting criteria set forth in section 403.9337. During the 2012 discussion, County staff advised the Board that, to the best of its knowledge, the Indian River Lagoon in Indian River County was not listed as nutrient impaired, and therefore the County was not under a statutory requirement to adopt a fertilizer ordinance. The Board then decided not to adopt a fertilizer ordinance, and instead to pursue other innovative methods of reducing the discharge of nutrients into the lagoon, such as the Egret Marsh algal turf scrubber project, the PC South algal turf scrubber project, Spoonbill Marsh,etc. Indian River Co. pro;ej 1. Date APPROVED FOR JULY 2, 2013 B.C.C.MEETING Admin. ATTORNEY'S MATTERS Co.Atty. / Budget G a? lI Department C NATT Risk ManagementTY- --- --- F.-L41z yV,i.d.tG—M CCWg—&Sfem-T,,00ur 01.dx 316 Board of County Commissioners June 19, 2013 Page Two The purpose of this agenda item is to advise the Board that since the discussions in 2012, the Indian River Lagoon has been listed as nutrient impaired by Florida DEP, thus triggering the requirements of section 403.9337. Specifically, the Board is now required either to adopt the Model Fertilizer Ordinance or a more stringent fertilizer ordinance meeting the criteria of section 403.9337. DISCUSSION. With the Indian River Lagoon now listed as nutrient impaired by Florida DEP, the requirements of section 403.9337 are clear: the County must adopt either the Model Fertilizer Ordinance, or a more stringent ordinance meeting the criteria of the statute. Generally, the criteria for a more stringent ordinance are (1) the County must demonstrate that, as part of a comprehensive program which is science-based and economically and technically feasible, more stringent standards are necessary to address fertilizer/nutrient discharge, and (2) the County must document that it has considered all relevant scientific and State of Florida information on the need for additional or more stringent standards. It is noted that section 403.9337 does not establish a specific date by which a fertilizer ordinance must be adopted; nor does the statute establish any penalties or other consequences for failure to adopt an ordinance. However, staff speculates that at some point Florida DEP, or possibly St. Johns River Water Management District, may decide to "enforce" the statute by refusing to issue grants or permits to counties which are required to, but have not, adopted a fertilizer ordinance. Such a decision could adversely affect Indian River County, which often needs Florida DEP and SJRWMD grants or permits for County projects — particularly, if the decision to withhold either comes at a critical time for a pending project. It is also noted that while Florida DEP has established acceptable levels of total maximum daily loads (TMDLs) of nutrients which may be discharged into impaired waters, such TMDLs have not yet been allocated to Indian River County. Best estimates are that the target level for the Central Lagoon Area will be a reduction of 51% for total nitrogen and 47% for total phosphorus. However, without firm allocations, the County is in the position of being required to adopt a fertilizer ordinance to reduce nutrient discharge, but having no assigned TMDL allocation to determine when the discharge has reached acceptable levels. Nevertheless, while this may create practical issues, the County Attorney notes that it does not create an exemption from the requirements of section 403.9337,which makes no mention of TMDL levels. Finally,the County Attorney's Office surveyed the five other counties which abut the lagoon, 100 miles to the north and to the south (Volusia, Brevard, St. Lucie, Martin and Palm Beach), and found that all counties except Volusia have adopted a fertilizer ordinance. According to the Volusia County Attorney's Office (1) they do not believe that the lagoon in that area has been listed as nutrient impaired, and (2)the lagoon in Volusia County is subject to a pre-existing special act of the Florida Legislature, which raises questions about the applicability of section 403.9337 in that county. F.-WuornWVndalGenera71B C CIAgendoMe %Feml'ur 02.dm 317 Board of County Commissioners June 19, 2013 Page Three Copies of section 403.9337 and Florida DEP's publication on the Model Fertilizer Ordinance are attached. RECOMMENDATION. The County Attorney recommends that the Board move forward in the process of adopting the Model Fertilizer Ordinance. While leeway exists in section 403.9337 to adopt a more stringent ordinance meeting the criteria outlined above, County administrative staff is concerned that the time and effort required to perform the analysis necessary to meet the criteria would be excessive, and would unduly delay the adoption of any ordinance. ATTACHMENT(S). Section 403.9337, Florida Statutes Florida DEP Model Fertilizer Ordinance Publication (W ASP:LAC (W F:4ri—yUjdalGeneraAB C CUgenda Memm exilizer 02dae 318 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2012 Go The 2012 Florida Statutes Title XXIX Chapter 403 View Entire Chapter PUBLIC HEALTH ENVIRONMENTAL CONTROL 403.9337 Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes.— (1) All county and municipal governments are encouraged to adopt and enforce the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes or an equivalent requirement as a mechanism for protecting local surface and groundwater quality. (2) Each county and municipal government located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the department's Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes. A local government may adopt additional or more stringent standards than the model ordinance if the following criteria are met: (a) The local government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient pollution which is science-based, and economically and technically feasible, that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water body. (b) The local government documents that it has considered all relevant scientific information, including input from the department, the institute, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, on the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality degradation. All documentation must become part of the public record before adoption of the additional or more stringent criteria. (3) Any county or municipal government that adopted its own fertilizer use ordinance before January 1, 2009, is exempt from this section. Ordinances adopted or amended on or after January 1, 2009, must substantively conform to the most recent version of the model fertilizer ordinance and are subject to subsections (1) and (2), as applicable. (4) This section does not apply to the use of fertilizer on farm operations as defined in s. 823.14 or on lands classified as agricultural lands pursuant to s. 193.461. History.—s.4,ch.2009-199;s. 16,ch. 2012-83. Copyright®1995-2013 The Florida Legislature • Privacy Statement • Contact Us (W httn•/Aznznzr lea ctntP fl »c/gtntiAPc/;m1Pv rfm9A"n mnrlP=T);cAnxr C'tnfiltPXrC'Parrh Ctr;na CN/1 Q/7(11 Z 19 (W Florida Department of Environmental Protection MODEL ORDINANCE FOR FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES [alternate title: MODEL ORDINANCE FOR FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES] 2010 [Vote.Title revision for clarity. There is no defined Florida-Friendly ferti#i Zerproduct, as timing, chemistry, grade, amomnt,site-specific conditions and application practices all affect `Florida friendliness':] INTRODUCTION This attached Model Fertilizer Use Ordinance is another tool to reduce sources of nutrients coming from urban landscapes to reduce the impact of nutrients on Florida's surface and ground waters. Limiting the amount of fertilizer applied to the landscape will reduce the risk of nutrient enrichment of surface and ground waters, but effective nutrient management requires more comprehensive control measures. Such a comprehensive approach is needed that may include,but is not limited to,land planning and low-impact development, site plan design,landscape design,irrigation system design and maintenance, fertilizer application, landscape maintenance,and waste disposal.To assist local governments in improving their existing land development regulations,several "model" ordinances have been developed. (W These include: • "Low Impact Design" ordinances which seek to reduce the impact of urbanization on our natural resources by stressing"source controls" that either minimize the generation of stormwater or minimize the pollutants that can get into stormwater. For example,promoting development designs that minimizes clearing of natural vegetation and the compaction of urban soils. A Model Springs Protection Code was developed by DCA,DEP, and other stakeholders that includes specific Land Development Regulation recommendations that promote Low Impact Design. This Model Code is available as Chapter 5 in Protecting Florida's Springs.An Implementation Guidebook. It is available at hM://www.dca.state.fl.us/fdcl2/DCP/sl2ringg/index.cftn. • "Landscape Ordinances"because design,construction, and maintenance are major determinants in the amount of fertilizer and irrigation that is needed to maintain healthy urban landscapes and minimize adverse impacts on water resources. A model Landscape Ordinance entitled"Guidelines for Model Ordinance Language for Protection of Water Quality and Quantity Using Florida-friendly Lawns and Landscapes"was developed by a group of agencies,industries,and interest groups over a two year period and published in 2003. It was fundamentally an adaptation of earlier water conservation ordinances revised to include water quality protections for compliance with Total Maximum Daily Load (I'MDL) or stormwater NPDES permit requirements. The language focused on continuing education of lawn care and landscape professionals,proper planning and supervision during development and construction,and the use of best management practices,including the Florida- Friendly Landscape Program. This model ordinance has been renamed"Florida- 320 (W Friendly Landscapinem Model Guidelines for Ordinance Language for Protection of Water Quality and Quantity," updated in 2008 and 2010 and may be downloaded from: htM://www.dcl2.state.fl.us/water/`nonl2oint/pubs.htm. • Finally,the 2004 Florida Legislature directed Florida's water management districts to work with interested parties to develop landscape irrigation and Florida-Friendly design standards for new construction (section 373.228,F.S.).Local governments are to use the standards and guidelines when developing landscape irrigation and Florida-Friendly ordinances.The Committee on Landscape Irrigation and Florida- Friendly Design Standards convened and developed the standards.They are published in a booklet called Landscape Irrigation and Florida friendly Design Standards (December2006).The 2009 Legislature has directed that it be revised in 2011.The current version of this document can be downloaded from: htM://viww.del2.state.fl.us/water/wa=oligy/land irr.htm 2 321 (W MODEL ORDINANCE FOR FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES (AUGUST 2010) 1. FINDINGS As a result of impairment to (MUNICIPALITY/ COUNTY)'S surface waters caused by excessive nutrients, or,as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs within the boundaries of(municipality/county), the governing body of(municipality/ county) has determined that the use of fertilizers on lands within (municipality/ county) creates a risk to contributing to adverse effects on surface and/or ground water. Accordingly, the governing board of(municipality/county) finds that management measures [Gtudance.optional"additional management measures than are otherxise'J contained in the most recent edition of the"Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," may be required by this ordinance. 2. PURPOSE AND INTENT This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and (W exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on (MUNICIPALITY / COUNTY)'s natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. (Guidance: as appr»priate] Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of (MUNICIPALITY / COUNTY) residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer,will help improve and maintain water and habitat quality. 3. DEFINITIONS For this Article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the (MUNICIPALITY / COUNTY) Administrator, or an administrative official of (MUNICIPALITY / COUNTY) government designated by the City/County Administrator to administer and enforce the provisions of this Article. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants. 3 322 "Applicator" means any Person who applies fertilizer on turf and/or landscape plants in (MUNICIPALITY/ COUNTY). "Board or Governing Board" means the Board of City/County Commissioners of (MUNICIPALITY/ COUNTY),Florida. "Best Management Practices" means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of(MUNICIPALITY / COUNTY) whose duty it is to enforce codes and ordinances enacted by (MUNICIPALITY/ COUNTY). "Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Institutional Applicator" means any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools,parks,religious institutions,utilities,industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape Plant"means any native or exotic tree, shrub,or groundcover (excluding turf). "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering,mowing, etc. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. 4 323 (W "Prohibited Application Period"means the time period during which a Flood Watch or Warning,or a Tropical Storm Watch or Warning,or a Hurricane Watch or Warning is in effect for any portion of(CITY/COUNTY), issued by the National Weather Service, or if heavy rain'is likely. "(MUNICIPALITY/ COUNTY) Approved Best Management Practices Training Program" means a training program approved per 403.9338 F.S.,or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008,"as revised,and approved by the (MUNICIPALITY / COUNTY)Administrator. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance,soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. [Guidance.Some have questioned the enforceability of practical field definitions which should be considered before adoption.] "Slow Release," "Controlled Release," "Timed Release," "Slowly Available,"or"Water Insoluble Nitrogen"means nitrogen in a form which delays its availability for plant uptake and use after application,or which extends its availability to the plant longer than a reference rapid or quick release product. 'Turf," "Sod," or "Lawn" means a piece of grass-covered soil held together by the roots of (W the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02. 4. APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of(MUNICIPALITY / COUNTY), unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall be prospective only,and shall not impair any existing contracts. [Guidance:In 403.9336, the Legislature further finds that local conditions, including variations in the types and quality of water bodies, site-specific soils and geology, and urban or rural densities and 1 World Meteorological Organization definition of heavy rain:Rainfall greater than or equal to 50 mm(2 inches)in a 24 hour period.hgp://severe.worldweather.org/rain/,and forecast keyword "likely", (W h_q•//www wrh noaa eov/sew/MediaGuide/TermsOutlooks Watches WaminQs.ndf. 5 324 characteristics, may necessitate the implementation of additional or more stringent fertiliser management practices at the localgovernment level Local government may adopt additional or more stringent provisions to the model ordinance as provided in 403.9337(2). However, the localgovernment should consider the disadvantages of confusing jurisdictional differences and should clearly demonstrate they meet the required criteria: (2)Each county and municipal government located within the watershed of a water body orwater segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the department's Model Ordinance forFlorida-Friendly Fertili.Zer Use on Urban Landscapes.A localgovernment may adopt additional or more stringent standards than the model ordinance if the following criteria are met: o (a)The localgovernment has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrientpollution which is science based, and economically and technically feasible, that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertiliser contributions to nonpoint source nutrient loading to a water body. o (b)The localgovernment documents that it has considered all relevant scientific information, including input from the department, the institute, the Department ofAgriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, or,the need for additional or more stringent provisions to address fertili.Zer use as a contributor to water quality degradation.All documentation must become part of the public record before adoption of the additional or more stringent criteria.] [Guidance:Florida Statues 125.568(3), 166.048(3), 373.185(3), 720.3075(4), and others provide that a local ordinance, deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida friendly landscaping on his or her land or create any requirement or limitation in conflict with anyprovision of part IT of this chapter {373} or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to Chapter 373 part II.] [Guidance: Florida Statues 482.156 and 482.1562. Neither the Limited Commercial Landscape Maintenance Certification Program nor the Limited Certification for Urban Landscape Commer�zal Fertili.Zer Application allows landscape maintenance workers to make any kind of pesticide applications (including weed control and/or weed and feed products)to any turf areas] [Guidance:Florida Statues 482.242, and 487.051 (2), F.S. Regulation of pest control businesses and applicators, and of pesticide use, is preempted to the Florida Department of Agriculture and Consumer Services(FDACS and suspected pesticide misuse should be reported to FDACS. 5. TIMING OF FERTILIZER APPLICATION No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period,or to saturated soils. [Guidance: One of the most controversial issues associated with recent fertili.Zer ordinances enacted by local governments is the definition of the Prohibited Application Period Some ordinances have prohibited the application of fertili.Zer, even slow release formulations, during the summer rainy season, typicalyJune 1 to September 30. The reasoning is that rain occurs frequently, saturating the soil, leading to more runoff.' Saturated soils are prone to runoff or leaching with little or no additional water, and pose a higher than normal risk until soil moisture capacity is restored. Fertilizer management is largely about keeping the 6 325 nitrogen and/or phosphorus in the root zone where it can be used by plants Periods of heavy rainfall contribute to leaching which is washing nutrients out of the root Zone, and to runoff, especially in areas with compacted or bare soils and significant slope. Vegetative ground cover is important to minimising erosion, filtering particulates, and incorporating or promoting the biological transformation of potential pollutants. Many variables influence the relationship between fertili.Zer rates, vegetation health and nutrient enrichment of surface andground waters Accordingly, sound science and carefully reasonedjudgment are recommended in determining how to define the Prohibited Application Period.] 6. FERTILIZER FREE ZONES Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop spreader,or liquid applicator with a visible and sharply defined edge,is used, in which case a minimum of 3 feet shall be maintained. If more stringent (MUNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting if need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. [Guidance:This done is a setback to prevent the applicator from inadvertently depositing fertiliser in the water while performing the application. It isnot designed as a treatment buffer, and is to be adhered to as a fundamental environmental safety aspect of the applicator's job, regardless of the owner's desires: Some communities have existing residential setbacks Of as 1ttle as 10 feet from water or seawall Low maintenance -,ones, vegetated filter strips, and riparian buffers are strongly encouraged, but such activities are rightly a part of land use planning. Local governments are encouraged to implement these low-impact development practices wherefeasible.] 7. LOW MAINTENANCE ZONES A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream,water course, lake,wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent (MUNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over-spray of aquatic weed products in this zone. [Guidance:Care must be taken to ensure erosion of the surface soil does not occur. Excessive erosion may be agreater pollution hazard than occasional proper applications of fertiliser.] 8. FERTILIZER CONTENT AND APPLICATION RATES [Guidance:RULE 5E-1.003(2)(d), F.A.0 contains the following provisions for o courses.parks and athletic fields As such, no additional specific requirements are included for these types of urban turf. The appropriate Best Management Practices listed below must be followed on such sites for nutrient management activities. (d)Fertili.Zers labeled for sports turf atgolf courses,parks and athletic fields shall- 7 326 1. Have directions for use not to exceed rates recommended in the document titled SL191 `Recommendations for N, P,K and Mg for Golf Course and Athletic Field Fertilisation Based on Mehlich I Extractant'; dated March 2007, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Soil and Water Science Department,Florida Cooperative Extension Service,Institute of Food and Agricultural Sciences, University of Florida, Gainesville,FL 32611 or the following website:htt:/l ed s.afas.ufl.edu/SS404. 2. Have directions for use in accordance with the recommendations in `BMP's for the Enhancement of EnvironmentalQuality on Florida Golf Courses';published by the Florida Department of Environmental Protection, dated January 2007. Copies may be downloaded from ho:///� ww. ep rtatefZus/waterl nontoint/pubr btm. Note that this does not exempt applicators at these sites from the required basic Green Industry BMP training.Information on this is located at hQ:Z/&n.ifas 1d.edu[pro enionals/BMP overview htm. If other provisions of the ordinance are not appropriate for these sites,such exceptions should be noted.] (a) Fertilizers applied to turf within (MUNICIPALITY/ COUNTY) shall be fefmtAerteel it applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code,Labeling Requirements For Urban Turf Fertile-ers. (b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site,and shall not be applied for the first 30 days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. (c)Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in OF/IFAS recommendations for landscape plants,vegetable gardens,and fruit trees and shrubs,unless a soil or tissue deficiency has been verified by an approved test. [Gvtdance:Soil and tissue tests forphosphoruc are normally done by OF/IFAS or another accredited laboratory. IFAS recommendations are available from the County Extension service or h!W.Ilsolutionsfonourlife ufl.edu/lawn and Qarden17 9. APPLICATION PRACTICES a. Spreader deflector shields are required when fertilizing via rotary(broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies,including wetlands. b. Fertilizer shall not be applied,spilled,or otherwise deposited on any impervious surfaces. c. Any fertilizer applied, spilled,or deposited,either intentionally or accidentally,on any impervious surface shall be immediately and completely removed to the greatest extent practicable. d. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site,or returned to the original or other appropriate container. e. In no case shall fertilizer be washed,swept,or blown off impervious surfaces into stormwater drains,ditches, conveyances,or water bodies. 10. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, 8 327 tw swept, or blown off into stormwater drains, ditches, conveyances,water bodies,wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. 11. EXEMPTIONS The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida Statutes; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research,including, but not limited to,research on the effects of fertilizer use on urban stormwater,water quality,agronomics,or horticulture. [Guidance:Limited waivers for special cases such as botanical gardens, etc. should not be considered as less stringent for the purposes of the model as a minimum requirement.] 12. TRAINING (a)All commercial and institutional applicators of fertilizer within the (un)incorporated area of(MUNICIPALITY / COUNTY), shall abide by and successfully complete the six-hour (W training program in the"Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries"offered by the Florida Department of Environmental Protection through the University of Florida Extension"Florida-Friendly Landscapes"program, or an approved equivalent. (b)Private,non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. [Gvidance.A localgovernment may establish a certification/education program for the institutional or private application of fertilizers indicating the completion of an education program for special local requirements not covered in the above program Itis up to the I 1gi mment to set a continuing education or renewal provision for these applicators Persons with statewide FDACS commercial fertilizer certification cannot be required to submit to additional local testing after obtaining the FDACS certificate.J 13. LICENSING OF COMMERCIAL APPLICATORS (a) Prior to 1 January 2014,all commercial applicators of fertilizer within the (un)incorporated area of(MUNICIPALITY/ COUNTY),shall abide by and successfully complete training and continuing education requirements in the"Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries'; offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida- (W friendly Landscapes" program, or an approved equivalent program, prior to obtaining a 9 328 (MUNICIPALITY / COUNTY) Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the (MUNICIPALITY/ COUNTY) Tax Collector's office within 180 days of the effective date of this ordinance. [Guidance:The ordinance is prospective only. Occasions may exist for a fanite time avheregre-existing contract terms mandate practices not in accordance with the BMPs Such terms should be voided at contract expiration.] (b)After 31 December,2013,all commercial applicators of fertilizer within the (un)incorporated area of(MUNICIPALITY/ COUNTY), shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E-14.117(18) F.A.C. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns,golf courses, commercial properties,and multi-family and condominium properties) must ensure that at least one employee has a "Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the (Municipality/ County) Tax Collector's Office.[Guidance:This is an example of an administrative enforcement mechanism. It may be modified to use other local mechanisms as appropriate]. (W 14. ENFORCEMENT [Guidance:Local governments should consider making penalties consistent with their other fines and penalties:] Funds generated by penalties imposed under this section shall be used by(Municipality/ County) for the administration and enforcement of section 403.9337,Florida Statutes,and the corresponding sections of this ordinance,and to further water conservation and nonpoint pollution prevention activities. (W 10 329 7- Z-13 July 2, 2013 O.C . IRNA Statement to BCC About Proposed Fertilizer Ordinance The Indian River Neighborhood Association supports the County Attorney's recommendation that the Board of County Commissioners adopt the Florida Department of Environmental Protection Model Fertilizer Ordinance with a few suggested additions appropriate for this County that are consistent with the Model Ordinance. As the County Attorney points out in his Memo of Recommendation, the fact that the Indian River Lagoon is now listed as nutrient impaired, serves as a mandate for action by your Board. Furthermore, the findings at the Workshops held during the past six months by both Harbor Branch Oceanographic Institution and your Board presented overwhelming evidence of the need now to undertaking actions to restore the Lagoon's water quality. The Model Ordinance addresses several important steps in managing the contribution of deleterious fertilizers to the Lagoon. Primary among these are the requirements for commercial applicators of fertilizers to be properly trained and certified in their use. While this important requirement meets an IRNA priority, we suggest that your Board consider taking an extra step by establishing a county- sponsored certification/education program at the County's Institute of Food and Agricultural Services, associated with the University of Florida. This would be a cost-effective way to provide this training because this agency is already prepared to assist and educate nursery and landscape professionals. We suggest that in addition to Florida Rule 5E-1.003(2) and the references to "UF/IFAS recommendations" regarding the application of nitrogen or phosphorus, that there be specific limitations within the Ordinance consistent with the above references about the amounts of phosphorus and nitrogen that may applied. For example, regarding the application of phosphorus it would be useful to state, as provided in the aforesaid Florida Rule, a limitation of no more than one-quarter pound per 1000 square feet per application or 0.50 lbs per 1000 square feet a year. Specific information such as this would greatly help all applicators of fertilizers to understand exactly what is required. We also urge you to adopt a meaningful enforcement provision. For guidance we refer you to the provisions found in the Pinellas County ordinance and to the penalties in the County's Tree Protection Regulations. Special attention must be given to enforcement, not only to an adequate code but also to ensure that there is a 30.1 July 2, 2013 dedicated enforcement staff. Without that the adoption of requirements such as those in this proposed new regulation will not help the dire situation we face. The IRNA strongly recommends that the County take the parallel step of preparing and widely distributing an educational flyer which advises about slow-release fertilizers, the proper timing of applying fertilizers, and other critical information. A total approach to managing the application of fertilizers is needed to save the Lagoon for pollution from this source. In summary, the IRNA considers the adoption of an Ordinance such as is proposed to be an important first step. Thank you. 39.2 July 2, 2012 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 2, 2013 SUBJECT: St. Johns River Alliance Application for Blueway Designation Request for Letter of Support FROM: Wesley S. Davis Commissioner, District 1 As a Board Member of the St. Johns River Alliance, I am in receipt of the attached email correspondence from St. Johns River Alliance requesting a Letter of Support for their pursuit of a Blueway Designation for the entire main stem of the St. Johns River. I kindly request the Board of County Commissioners to review, and if necessary, revise the attached draft Letter of Support and approve the Chairman to execute same. WSD:mlp Attachments: Email Correspondence Draft Letter of Support 330 Wesley S. Davis -om: Robert Virnstein [seagrass3@gmaii.com] t: Wednesday, May 22, 2013 7:16 PM To: Beth Jackson; Tom Carey; Cyndi Stevenson; Stuart Chalk; Mary Bolin Lewis; Wesley S. Davis; The Honorable T. Chereese Stewart; Ann Stodola; Kim Ornberg; The Honorable Lee Constantine; The Honorable Brenda Carey; Mary Beth R Salisbury; Craig Coffey; The Honorable Welton Cadwell; Mary Hamilton Cc: Andrea Conover; Mark Middlebrook; Alderson, Doug; Clay Henderson; Herb Hiller; Gary Anderson; Nancy Harris; Sam Carr Subject: Request for a letter of support for designating the St. Johns River as a state paddling trail Attachments: Letter to counties to join blueway application.docx Dear County representatives, (with apologies for repeats), The current goal of the St. Johns River Alliance's Blueway Committee is to have DEP's Office of Greenways and Trails (OGT) designate the entire mainstem of the St. Johns River as a state paddling trail (blueway). As the attached letter explains, we need endorsement from the counties adjacent to the St. Johns River and their approval to maintain existing facilities -- not to add anything, and there should be no cost to any of the counties. (tr You could agree to be the person to contact the appropriate person and usher through the support letter in the counties in the list below, I will be forever grateful (or find someone to do it). Names in blue below have already agreed. Thanks. OGT says a county Parks and Rec director is OK, but far better is to have the letter come from the County Commission. Most of the recommended names came from Andrea Conover (again, apologies for duplicate contacts). Please let me know if you can do this, and especially if you can not do this. Here is the selected list of contacts, and people who have already signed on, in blue: Duval: Stuart Chalk-- already sent letter to David Roman Clay: Chereese Stewart, County Commissioner St. Johns: Cyndi Stevenson, County Commissioner Putnam: already designated Flagler: Craig Coffey, County Manager Marion: Dr. Lee Niblock, County Administrator Lake: Weldon Cadwell, County Commissioner Volusia: Tom Carey Seminole: Brenda Carey & Lee Constantine, County Commissioners Orange: Beth Jackson, Environmental Protection Division Brevard: Mary Bolin Lewis, County Commissioner (�Iceola: Mary Beth Salisbury, Community Resources Developer Indian River: Wesley Davis, County Commissioner. I have made initial contact with i 331 Commissioners O'Bryan and Zorc. Thanks for any help you can offer. Please modify the letter as you see fit. OGT has seen the letter (W I says it is fine. Conference call, 5/29 (&, 10:00: For your convenience, Doug Alderson, Paddling Trails Coordinator at OGT has agreed to a conference call, set for May 29 at 10:00 a.m. The purpose of the call is to answer any questions and concerns. Andrea Conover will set this up and send out dial-up information. Or,... you can contact Doug directly: Doug.Alderson(a dep.state fl us 850-421-3677. Deadline: Let's say July 12, in order to submit in time for OGT's council meeting in September. They like to have applications in hand 2 months ahead of time. Bob Robert Virnstein, PhD Blueway Committee Chair, SJR Alliance St. Johns River Institute, Inc., President SEERS President Seagrass Ecosystems Analysts, owner 142 Elgin Road, East Palatka, FL 32131 seagrass 3 na,gmail.com 386-546-0204 (cell) (W (W 2 332 St JOhn RAW AXow Date Preserving,Protecting and Promoting Americas First River... Hon. Address 1 Address2 Dear On behalf of the St. Johns River Alliance, I invite County to join the Alliance in applying to the DEP's Office of Greenways and Trails (OGT) for designation of the entire St. Johns River as a state paddling trail, or blueway. The Alliance needs only a letter stating that the County is willing to maintain its existing facilities along the St. Johns River—any existing boat ramps or other "soft" launch facilities and any existing camping or picnic facilities (see example letter below). Because the County already provides this maintenance, no additional costs would be incurred by the County. In fact, designating the St. Johns River as a state paddling trail will "put the County on the map" and "can help raise the profile of certain grant applications for improving park facilities along the river and help with publicity" (OGT's words). Furthermore, private enterprise along the River (marinas, fish camps, restaurants, etc.) could be included in the state website's list of facilities, after designation as a state paddling trail by OGT. The Alliance believes that the net effect of designation creates greater use and appreciation of the (W St. Johns River. With this enhanced use,there will be enhanced economic return to the County. Please send a letter addressed to: Mark Middlebrook, Executive Director St. Johns River Alliance 2029 North 3rd Street Jacksonville Beach, FL 32250 A letter might say something like this in its simplest form: Dear Mr. Middelbrook: County endorses the application of the St.Johns River Alliance to DEP's Office of Greenways and Trails to designate the St. Johns River as a paddling trail. As a part of this endorsement,the County agrees to maintain its existing facilities along the St.Johns River— any existing boat ramps or other "soft" launch facilities and any existing camping or picnic facilities, etc. The County makes no commitment to enhance these facilities, but might in the future if funds become available. Sincerely, [County Commission representative] For further information, contact Robert Virnstein, PhD, seagrass3ggmail.com, 386-546-0204. Sincerely, [Whoever agrees to contact a county, and your affiliation/position] 333 Joseph E. Flescher Tim ZorcDistrict 3 Chairman District 2 Peter D. O'Bryan Wesley S. Davis District 4 Vice Chairman Bob Solari District 1 District 5 f=. July 2, 2013 rte, Office of Greenways and Trails Department of Environmental Prot 3900 Commonwealth Boulevard Mail Station 795 Tallahassee, FL 32399-3000 (�' To Whom It May Con On behalf of the ,IA n River C =ty Boar County Commissioners, please consider this a letter of sup -n beh St. Jo River Alliance (SJRA) for endorsement of their application t f Environmental Protection's Office of Greenw ils ting the S ns River as a paddling trail and part of the State' away 's y Si 01(c)3 not-fo fit o ation, preserves, protects, restores and celebrates the St.' , s River as Amer can Heritage River in recognition of its ecological, historic, a :,: mic, recre nal and cultural significance. SJRA promotes tourism in Indian River,7 my an working collaboratively to develop a combined greenway- blueway systemsth re 310 miles of Florida's river that uniquely flows north. As a part of this end''irsement, the County agrees to maintain its existing facilities along the St. Johns River — any existing boat ramps or other "soft launch facilities and any existing camping or picnic facilities, etc. The County makes no commitment to enhance these facilities, unless funds become available in the future. We hope that you will look favorably upon their request, as we are thankful the SJRA is an integral component in raising environmental awareness, promoting good health through outdoor recreation and boosting eco-tourism for our current and future generations of Indian River County residents. 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 334 Office of Greenways and Trails Department of Environmental Protection (r July 2, 2013 Page Two Thank you for your consideration. I am always happy to a_ swer any questions or provide additional information in furtherance of support. a do not hesitate to contact me at 772 226 1493. Sincerely, Joseph E. Flescher, Chairman Commissioner, District 2 JF:mlp 3 � mgr 1 It '�r - oz.s✓ �'v x F x ic J d 335 BCC AGENDA July 2, 2013 (W ITEM 14.1)(1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 24, 2013 SUBJECT: Road and Bridge workers FROM: Commissioner Bob Solari Florida summer is here and it is hot! Recently I finished a 5-mile walk at ORCA at about 2pm. I was very hot and tired. Across the street from the ORCA entrance a Road and Bridge crew was hard at work cleaning out a ditch-swale area. The next day we received the attached email from Charles Searcy praising a Road and Bridge crew. Most everyone in the County works hard, but I want to give a special thanks to those working very hard on a difficult physical job in 90 degree heat. Thank you. 336 Bob Solari Friday,June 21, 2013 8:31 AM Subject:Road and Bridge Vegetation Control Crews Date:Wednesday,June 19, 2013 2:25 PM Qm:Charles Searcy<CharlesSearcy@fulmerbros.com> "Joe Baird (jbaird@ircgov.com)" <jbaird@ircgov.com> Cc: "wdavis@ircgov.com" <wdavis@ircgov.com>, "jflescher@ircgov.com" <jflescher@ircgov.com>, "Peter D.O'Bryan (pobryan@ircgov.com)"<pobryan@ircgov.com>, Bob Solari<bsolari@ircgov.com>, "tzorc@ircgov.com" <tzorc@ ircgov.com> Joe, In case you haven't noticed the road and bridge (vegetation control) crews responsible for maintaining the medians and road shoulders on State Road 60 west of 43rd avenue are doing a wonderful job. I have yet to see any one of those county employees leaning on their shovel or doing those other "lazy" things that government employees are many times accused of doing. I called that department earlier today and mentioned a situation that needed cleaning up and the problem was immediately handled and no one wants to take credit for it. We are lucky to have people working for our county that appear to care about the job they do take pride in their work. If you haven't thanked them personally, you should take the time to do it right away. The first things visitors to our county see when they exit 1-95 and head East should be well maintained roadways and medians and this stretch of road is a picture perfect example this, thanks to these crews. Charles Charles G. Searcy Credit Manager Fulmer Logistics Services, Inc. Phone 772-567-7339 Fax 772-569-1742 e-mail charlessearcy@fulmerbros.com Page 1 of 1 337 J U LY 21 2013 ITEM 14.E.1 . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 26, 2013 SUBJECT: Special Funding for Economic Development Promotion FROM: Tim Zorc Commissioner, District 3 1 kindly request the Board of County Commissioners consideration of special funding for Economic Development Promotion to welcome and promote a site selection company that is visiting Indian River County on behalf of a specific company. 338