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07/09/2013AP
sa PROCLAMATION DESIGNATrING JULY 2013 AS MARINE DEBRIS REMOVAL MONTH IN INDIAN RIVER COUNTY WHEREAS, Marine Cleanup Initiative Inc., the Operations Director, The Board of Directors, the Advisory Board, and the hundreds of volunteer divers and boat captains have operated for thirteen years to remove marine debris such as: Monofilament fishing line,casting nets, cargo nets, batteries, ancb,ors, chain,rope, bottles, cans, and fishing gear from our Indian River Lagoon Estuary,their spoil islands and tributa.<<.�and'inlet of Indian River County; and WHEREAS, these efforts are accomplished by divers using their own time, their own equipment and risking their own lives to provide this needed public service to protect our most important natural resource; and WHEREAS,these efforts save thousands of birds, fish, turtles and other aquatic life from certain death through the elimination of all debris including ghost fishing items such as abandoned traps and nets; and WHEREAS, Marine Cleanup Initiative Inc. has spoken to thousands of school children, set-up displays at ndreds of venues, and spent countless hours informing and elevating awareness of the public for proper disposal of these issues of awareness using a unique and entertaining style while serving as a positive focal point for all;and WHEREAS, Marine Cleanup Initiative, Inc., has continued to expand operations to include spoil islands and tributaries while engaging citizens throughout the area to participate and WHEREAS,this December,Marine Cleanup Initiative Inc. and its' volunteers will have removed the 400,000' hound of marine debris from our waterways; and WHEREAS, Marine Cleanup Initiative Inc. provides ihese selfless acts while receiving little fanfare, media coverage or taxpayers support. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that July, 2013 be designated as Marine Debris Removal Month and encourage all citizens and businesses to participate in activities which will assist in the elimination of the accumulation of ',azardous debris in our waterways through best practices of disposal. Adopted this 9`b day of July,2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,FLORIDA eph E. Flescher,Chairman O W S.Davis,Vice CkZairman Q r� eter D. O' ryan rL�R�� Bob Solari T' c PROCLAMATION DESIGNATING JULY 21 THROUGH JULY 279 2013 AS TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY WHEREAS, on Saturday, July 27, 2013, the Marine Industries Association of the Treasure Coast in conjunction with the Florida Inland Navigation District will conduct the 6T" Annual Treasure Coast Waterway Cleanup; and WHEREAS, this event will attract approximately 1,000 volunteers who will participate in cleaning up the waterways of Indian River, Martin and St. Lucie Counties; and WHEREAS, twenty designated sites throughout the three counties will serve as registration and disposal sites for the volunteers to work out of; and WHEREAS, numerous waterfront homeowners associations have been recruited to cleanup their own waterfronts; and WHEREAS, in 2012, over 7.6 tons of trash was collected from approximately 125 miles of waterways with an expectation of a significantly larger amount to be collected this year with an increased volunteer effort. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the week of July 21, 2012 through July 27, 2013, be designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways and assist in the cleanup efforts. Adopted this 9t" day of July, 2013. BOARD OF COUNTY INDIAN RIVER COUNTY, FLORIDA ERS ORIDA 5 O J sep Flescher, Chairman Wesley S. Davis, Vice Chairman Peter D. O'Bryan Bob Solari Ti �� PROCLAMATION SIC HONORING ALAN S. POLACKWICH ON HIS RETIREMENT WHEREAS, Alan S. Polackwich, Sr. is retiring as the Indian River County Board of County Commissioners' Attorney, effective August 2, 2013; and WHEREAS, Alan was selected by the Board of County Commissioners for the position of County Attorney where he has been serving as Indian River County Attorney since February 23, 2010; and WHEREAS, Alan has had a significant impact upost indian River County and the manner in which Indian River County conducts business; and WHEREAS, Alan has forever changed the view that the Indian River County Board of County Commissioners have on personal contracts, by creating what has been termed "a non-contract personal contract"; and WHEREAS, Alan's counseling approach has been efficient, cost-effective and beneficial to the citizens of Indian River County; and WHEREAS, Alan has been instrumental in reassessing, reevaluating and restructuring the activities of the Office on General Counsel for Indian River County; and WHEREAS, Alan has been an attorney in both private and governmental practice for over 37 years; and WHEREAS, Alan served as Chairman of the United Way of Florida, the United Way of Indian River County and the Indian River Medical Center Board of Directors and a member of numerous other community organizations which have had a positive impact on the way of life it Indian River County; and WHEREAS, Alan is a dedicated family man with a variety of hobbies that include flying, racecar driving and Igrand parenting, not necessarily in that order. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Alan S. Polackwich Sr.'s 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 during his tenure as General Counsel; and BE IT FURTHER PROCLAIMED, that the Board of County Commissioners and Staff extend Alan S. Polackwich Sr.'s heartfelt wishes for success in his future endeavors and a happy and prosperous retirement. Duly adopted this 9th day of July, 2013 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA VC oseph E. Flescher, Chairman Wesley S. D vis, Vice Chairman * Bo olari c � �LOR� Pet D. 0'B an Tim Zefc Informational Item INDIAN RIVER COUNTY INTEROFFICE MEMORANDUM DEPARTMENT OF UTILITY SERVICES DATE: June 28, 2013 TO: Members of the Board of County Commissioners SUBJECT: Update Regarding the 2013 Amnesty Program for Certain Utility Delinquency Charges FROM: Vincent Burke, Utilities Director On April 2, 2013, The Indian River County Board of County Commissioners passed an ordinance that established a five month long amnesty period for owners of ERU's which are reserved for future use. Attached is a summary of activity related to the Amnesty Program for Delinquency Charges as of June 28, 2013. Staff has utilized various methods to notify customers of the program. In early April approximately forty letters and/or e-mail correspondence was sent to eligible customers. In addition, a public notice was published in the Vero Beach Press Journal on April 10, 2013 and an announcement is posted on the Indian River County Utilities web site (www.ircutilities.com/Amnesty-ProgrgM.pdf . Lastly, interested parties are asked to call Cindy Corrente at 772-226-1832 or Beth Messersmith at 772-226-1837 if they have any questions. As of June 28, 2013, staff has received fourteen inquiries regarding the program. Nine waivers were processed to date resulting in payment of$312,682.22 while waiving $115,297.56 in penalties. Staff will continue to work with interested parties in order to encourage them to take advantage of the Amnesty Program before it ends on August 31, 2013. Attachment: Amnesty Requests Processed pIndianRiverCo. Approved IDatelon® Legal AF_ _�W_ . 0 Budget 3 Amnesty Requests Processed As of June 28, 2013 Prepared by Cindy Corrente and Beth Messersmith Date Name Location Amount Paid Amount Waived 4/11/2013 Richard Therien 092572 $1,656.28 $998.88 4/24/2013 Vero 18 Developers Multiple $3,456.26 $3,346.54 April Totals $5,112.54 $4,345.42 5/9/2013 VB Three Oaks LLLP Multiple $205.56 $448.65 5/13/2013 SLV Millstone Multiple $204,847.68 $42,800.21 5/17/2013 Capstone Resdev LLC Multiple $9,100.90 $6,743.11 5/17/2013 PNC Bank Multiple $4,363.06 $957.19 May Totals $218,517.20 $50,949.16 6/4/2013 Tcoast Holdings LLC Multiple $2,638.84 $1,859.82 6/12/2013 Stearns Bank/Foxwood Multiple $56,078.36 $30,547.22 6/25/2013 Enclave Vero LLC Multiple $30,335.28 $27,595.94 June Totals $89,052.48 $60,002.98 Totals to Date $312,682.22 $115,297.56 4 JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1 801 27TH Street �1pRIpA Vero Beach, Florida 32961 -1 028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: June 27, 2013 SUBJECT: APPROVAL OF WARRANTS June 21, 2013 to June 27,2013 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 t` time period of June 21, 2013 to June 27, 2013. �• Attachment: DB: MS 5 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 299840 6/27/2013 PAUL CARONE 5,694.00 299841 6/27/2013 LINDSEY GARDENS APARTMENTS 747.00 299842 6/27/2013 CREATIVE CHOICE HOMES XVI LTD 554.00 299843 6/27/2013 PINNACLE GROVE LTD 986.00 299844 6/27/2013 VERO CLUB PARTNERS LTD 1,409.00 299845 6/27/2013 DAVID SPARKS 616.00 299846 6/27/2013 INDIAN RIVER INVESTMENT REALTY INC 507.00 299847 6/27/2013 THE PALMS AT VERO BEACH 854.00 299848 6/27/2013 ED SCHLITT LC 493.00 299849 6/27/2013 JOHN COLONTRELLE 450.00 299850 6/27/2013 ARTHUR PRUETT 475.00 299851 6/27/2013 JOSEPH LOZADA 700.00 299852 6/27/2013 PELICAN ISLES LP 274.00 299853 6/27/2013 JOHN F BAER 29,584.00 299854 6/27/2013 EARRING POINT PROPERTIES 436.00 299855 6/27/2013 ANDRE DORAWA 545.00 299856 6/27/2013 STEVEN F BERNYK 950.00 299857 6/27/2013 MARK KNOWLES 1,207.00 299858 6/27/2013 PAULA WHIDDON 553.00 299859 6/27/2013 GATOR INVESTMENTS 515.00 299860 6/27/2013 JAMES W DAVIS 297.00 299861 6/27/2013 NITA EZELL 500.00 299862 6/27/2013 MISS INC OF THE TREASUE COAST 738.00 299863 6/27/2013 SOUTHERN ASSOCIATES LLC 642.00 299864 6/27/2013 CRAIG LOPES 332.00 299865 6/27/2013 INDIAN RUN LIMITED PARTNERSHIP 710.00 299866 6/27/2013 MADISON VINES APARTMENTS LLC 563.00 299867 6/27/2013 FREDDA LOZADO 604.00 299868 6/27/2013 FIVE STAR PROPERTY HOLDING LLC 800.00 299869 6/27/2013 WILLIAM LEE 497.00 299870 6/27/2013 JORDAN MOWER INC 202.07 299871 6/27/2013 TEN-8 FIRE EQUIPMENT INC 3,393.26 299872 6/27/2013 VERO CHEMICAL DISTRIBUTORS INC 165.00 299873 6/27/2013 RICOH USA INC 257.48 299874 6/27/2013 RICOH USA INC 363.01 299875 6/27/2013 AT&T WIRELESS 12.62 299876 6/27/2013 AT&T WIRELESS 723.00 299877 6/27/2013 DATA FLOW SYSTEMS INC 82.75 299878 6/27/2013 COLD AIR DISTRIBUTORS WAREHOUSE 4.74 299879 6/27/2013 DELTA SUPPLY CO 168.66 299880 6/27/2013 KELLY TRACTOR CO 317.09 299881 6/27/2013 KELLY TRACTOR CO 35,604.00 299882 6/27/2013 VERO LAWNMOWER CENTER INC 114.85 299883 6/27/2013 AMERIGAS EAGLE PROPANE LP 2,328.57 299884 6/27/2013 GAYLORD BROTHERS INC 634.68 299885 6/27/2013 HACH CO 633.37 299886 6/27/2013 DBH GRAPHICS& FINE ARTS INC 1,004.00 299887 6/27/2013 BOUND TREE MEDICAL 370.75 299888 6/27/2013 EGP INC 230.65 299889 6/27/2013 VERO INDUSTRIAL SUPPLY INC 26.47 299890 6/27/2013 TIRESOLES OF BROWARD INC 1,676.02 299891 6/27/2013 CENTER POINT INC 342.54 299892 6/27/2013 BARTH CONSTRUCTION INC 1,493.62 299893 6/27/2013 CHILDCARE RESOURCES OF IRC INC 20,299.92 299894 6/27/2013 CHILDCARE RESOURCES OF IRC INC 720.00 299895 6/27/2013 DELL MARKETING LP 4,047.81 299896 6/27/2013 GENERAL PART INC 1,277.28 299897 6/27/2013 GOODYEAR AUTO SERVICE CENTER 284.50 1 6 CHECK NBR CK DATE VENDOR AMOUNT 299898 6/27/2013 BAKER&TAYLOR INC 369.62 299899 6/27/2013 MIDWEST TAPE LLC 615.96 299900 6/27/2013 NORTHERN SAFETY CO INC 190.65 299901 6/27/2013 LOWES CO INC 1,673.96 299902 6/27/2013 PRECISION CONTRACTING SERVICES INC 900.00 299903 6/27/2013 K&M ELECTRIC SUPPLY 59.31 299904 6/27/2013 FIRST HOSPITAL LABORATORIES INC 323.00 299905 6/27/2013 CENGAGE LEARNING CORPORATION 24.74 299906 6/27/2013 PALM TRUCK CENTERS INC 570.33 299907 6/27/2013 GREENE INVESTMENT PARTNERSHIP LTD 3,114.58 299908 6/27/2013 CREATIVE CHOICE HOMES XVI LTD 500.00 299909 6/27/2013 PER-SE TECHNOLOGIES INC 44,002.57 299910 6/27/2013 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 299911 6/27/2013 INDIAN RIVER COUNTY 187,096.27 299912 6/27/2013 MEDICAL EXAMINERS OFFICE 23,651.41 299913 6/27/2013 VICTIM ASSISTANCE PROGRAM 4,428.66 299914 6/27/2013 ROGER J NICOSIA 1,500.00 299915 6/27/2013 CITY OF VERO BEACH 19,418.19 299916 6/27/2013 CITY OF VERO BEACH 1,972.54 299917 6/27/2013 CITY OF VERO BEACH 11,562.50 299918 6/27/2013 RUBBER STAMP EXPRESS&MORE INC 231.66 299919 6/27/2013 INDIAN RIVER COUNTY SHERIFF 8,801.51 299920 6/27/2013 UNITED STATES POSTAL SERVICE 20,000.00 299921 6/27/2013 TREASURE COAST REGIONAL PLANNING 4,000.00 299922 6/27/2013 FLORIDA EAST COAST RAILWAY LLC 51,258.62 299923 6/27/2013 JANITORIAL DEPOT OF AMERICA INC 314.83 299924 6/27/2013 TREASURE COAST HOMELESS SERVICES 12,220.74 299925 6/27/2013 PUBLIX SUPERMARKETS 72.71 299926 6/27/2013 WILLIAM KEITH MCCULLY 19.58 299927 6/27/2013 INTERNATIONAL GOLF MAINTENANCE INC 83,088.25 299928 6/27/2013 AQUAGENIX 281.00 299929 6/27/2013 EXCHANGE CLUB CASTLE 5,792.50 299930 6/27/2013 ST JOHNS RIVER WATER MGMT DISTRICT 160.00 299931 6/27/2013 WEST PUBLISHING CORPORATION 97.00 299932 6/27/2013 ATHENS TECHNICAL SPECIALISTS INC 630.00 299933 6/27/2013 TYLER TECHNOLOGIES INC 30,000.00 299934 6/27/2013 CITY OF SEBASTIAN 21,158.03 299935 6/27/2013 SPRINT SPECTRUM LP 27.76 299936 6/27/2013 SPRINT SPECTRUM LP 156.05 299937 6/27/2013 SPRINT SPECTRUM LP 173.57 299938 6/27/2013 SIEMENS INDUSTRY INC 27,570.00 299939 6/27/2013 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,200.00 299940 6/27/2013 FLORIDA POWER AND LIGHT 98,735.14 299941 6/27/2013 FLORIDA POWER AND LIGHT 503.38 299942 6/27/2013 MELECH BERMAN 400.00 299943 6/27/2013 JAMES GRAY JR 30.27 299944 6/27/2013 GIFFORD YOUTH ACTIVITY CENTER INC 6,631.49 299945 6/27/2013 PRISON REHABILITATIVE IND&DIV ENT INC 21.00 299946 6/27/2013 KENNETH CAMPBELL SENIOR 140.00 299947 6/27/2013 GLOBAL GOLF SALES INC 77.38 299948 6/27/2013 SUNSHINE STATE ONE CALL OF FL INC 777.12 299949 6/27/2013 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,475.02 299950 6/27/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 35.00 299951 6/27/2013 HOMELESS FAMILY CENTER INC 1,645.50 299952 6/27/2013 TREASURE COAST SPORTS COMMISSION INC 15,939.75 299953 6/27/2013 COX GIFFORD SEAWINDS 425.00 299954 6/27/2013 BUILDING OFFICIALS ASSOC OF FLORIDA 198.00 299955 6/27/2013 GERALD A YOUNG SR 90.00 299956 6/27/2013 GIFFORD COMMUNITY CENTER 4,128.00 299957 6/27/2013 HENRY SMITH 108.00 2 7 CHECK NBR CK DATE VENDOR AMOUNT 299958 6/27/2013 RANGE ROAD MINE LLC 2,551.82 299959 6/27/2013 G K ENVIRONMENTAL INC 600.00 299960 6/27/2013 THE FLORIDA BAR 300.00 299961 6/27/2013 FLORIDA DEPT OF FINANCIAL SERVICES 16,837.61 299962 6/27/2013 FLORIDA WATER RESOURCES JOURNAL INC 288.00 299963 6/27/2013 BLUE CROSS BLUE SHIELD 379.47 299964 6/27/2013 BLUE CROSS BLUE SHIELD 80.94 299965 6/27/2013 BANK OF NEW YORK 1,875.00 299966 6/27/2013 ADVANCED XEROGRAPHICS IMAGING 18,774.80 299967 6/27/2013 JEFFREY L VOEGELE 400.00 299968 6/27/2013 LINDSEY MATHENY 120.00 299969 6/27/2013 FLORIDA DEPT OF BUSINESS&PROF 1,125.00 299970 6/27/2013 ST LUCIE COUNTY BOCC 172,073.00 299971 6/27/2013 JEAN PETERS 200.00 299972 6/27/2013 CINTAS CORPORATION NO 2 494.11 299973 6/27/2013 VAN WAL INC 90.00 299974 6/27/2013 JOSEPH W VASQUEZ 190.00 299975 6/27/2013 FLORIDA RURAL LEGAL SERVICES INC 2,278.20 299976 6/27/2013 RANDOM HOUSE INC 242.25 299977 6/27/2013 COASTAL TECHNOLOGY CORPORATION 18,990.18 299978 6/27/2013 FRANK BLAKE 500.00 299979 6/27/2013 JOHNS EASTERN COMPANY INC 5,972.02 299980 6/27/2013 PAK MAIL CENTER 439.63 299981 6/27/2013 TCG SONRISE II LLC 500.00 299982 6/27/2013 UNITED FOR FAMILIES 590.92 299983 6/27/2013 DEBRA WILLIAMS 500.00 299984 6/27/2013 ANIXTER INC 1,261.00 299985 6/27/2013 DONALD GUST 93.13 299986 6/27/2013 GLOVER OIL COMPANY INC 97,216.57 299987 6/27/2013 GARY L EMBREY 120.00 299988 6/27/2013 LARRY STEPHEN FAISON 40.00 299989 6/27/2013 JOHN DEERE LANDSCAPE 400.00 299990 6/27/2013 METRO FIRE PROTECTION SERVICES INC 165.00 299991 6/27/2013 1 ST FIRE&SECURITY INC 432.00 299992 6/27/2013 KELLY J TURNER JR 60.00 299993 6/27/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 988.16 299994 6/27/2013 KENNY CAMPBELL JR 120.00 299995 6/27/2013 PETER OBRYAN 15.59 299996 6/27/2013 SUNBELT RENTALS INC 824.30 299997 6/27/2013 JOHNNY B SMITH 114.00 299998 6/27/2013 MUNICIPAL WATER WORKS INC 1,942.40 299999 6/27/2013 DANE MACDONALD 90.00 300000 6/27/2013 MENTAL HEALTH ASSOCIATION 1,144.61 300001 6/27/2013 CHARLES A WALKER 120.00 300002 6/27/2013 ANDRE DOR-AWA 308.00 300003 6/27/2013 FISHER&PHILLIPS LLP 3,804.95 300004 6/27/2013 PENINSULAR ELECTRIC DISTRIBUTORS INC 3,555.11 300005 6/27/2013 REDLANDS CHRISTIAN MIGRANT ASSOC 2,509.16 300006 6/27/2013 SABRINA BRUNSON 50.00 300007 6/27/2013 DANIEL IOFFREDO 60.00 300008 6/27/2013 BENNETT AUTO SUPPLY INC 162.60 300009 6/27/2013 RENAE CHANDLER 80.00 300010 6/27/2013 TREASURE COAST FOOD BANK INC 43.00 300011 6/27/2013 STORYTELLING WITH WINDELL CAMPBELL 250.00 300012 6/27/2013 MARINCO BIOASSAY LABORATORY INC 2,005.00 300013 6/27/2013 YOUTH GUIDANCE DONATION FUND 5,400.00 300014 6/27/2013 NICOLACE MARKETING INC 1,050.00 300015 6/27/2013 EQ THE ENVIRONMENTAL QUALITY COMPANY 7,537.02 300016 6/27/2013 WILLIAM BOLTON 190.00 300017 6/27/2013 SOUTHEAST POWER SYSTEMS OF ORLANDO 2,845.06 3 8 CHECK NBR CK DATE VENDOR AMOUNT 300018 6/27/2013 SANDY ARACENA 120.00 300019 6/27/2013 FLORIDA MEDICAID 97.71 300020 6/27/2013 VERA SMITH 54.00 300021 6/27/2013 GARRETT SMITH 72.00 �r 300022 6/27/2013 FDG FLAGLER STATION II LLC 11,316.66 300023 6/27/2013 BUSH ROSS PA 60.00 300024 6/27/2013 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 300025 6/27/2013 STEVENAABBOND 60.00 300026 6/27/2013 YOUR AQUA INSTRUCTOR LLC 260.00 300027 6/27/2013 SAFETY SCHELL CORPORATION 10,389.04 300028 6/27/2013 PACE ANALYTICAL SERVICES INC 1,132.50 300029 6/27/2013 DELRAY MOTORS 63.14 300030 6/27/2013 OVERDRIVE INC 234.95 300031 6/27/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 20.00 300032 6/27/2013 RAYMOND J DUCHEMIN 120.00 300033 6/27/2013 BORO BUILDING&PROPERTY MAINT INC 4,720.13 300034 6/27/2013 INTEGRITY LAWNS&LANDSCAPING 1,260.00 300035 6/27/2013 KEITH GROCHOLL 40.00 300036 6/27/2013 KELLER AMERICA INC 2,160.25 300037 6/27/2013 GFA INTERNATIONAL INC 620.00 300038 6/27/2013 CM&S INDUSTRIES INC 3,520.00 300039 6/27/2013 ROOF REPAIRS ONLY INC 1,370.00 300040 6/27/2013 B&E PROPERTY MAINTENANCE 775.00 300041 6/27/2013 CENTRAL FLORIDA GOLF CARS INC 301.01 300042 6/27/2013 SHAWN GINN 60.00 300043 6/27/2013 ASHLEY BROAD14URST 500.00 300044 6/27/2013 NORTH AMERICA FIRE EQUIPMENT CO INC 554.25 300045 6/27/2013 REPROGRAPHIC SOLUTIONS INC 10.80 300046 6/27/2013 FEMA LAW ASSOCIATES PLLC 4,200.00 300047 6/27/2013 AMERICAN MESSAGING SERVICES LLC 11.86 300048 6/27/2013 LABOR READY SOUTHEAST INC 7,629.92 300049 6/27/2013 KELLIE P KIELBASA 170.00 300050 6/27/2013 WALKERTALK LLC 400.00 300051 6/27/2013 LAURA BONNEY 495.00 300052 6/27/2013 ALEX MIKLO 114.00 300053 6/27/2013 ALL BEE INC 185.00 300054 6/27/2013 JARRED GRAVELLE 60.00 300055 6/27/2013 AGN SPORTS LLC 800.00 300056 6/27/2013 JAMES GAUGER 93.83 300057 6/27/2013 EVELYN GIOVINAZZO 71.24 300058 6/27/2013 JOHN HEFFNER 77.56 300059 6/27/2013 MARTHA OLIVER 95.10 300060 6/27/2013 LEIGHANNE DAVIS 37.14 300061 6/27/2013 ANDREW DZWOLAK 985.27 300062 6/27/2013 UMR 189.89 300063 6/27/2013 KENNETH R COLE 229.13 300064 6/27/2013 MITCHELL GODWIN 126.00 300065 6/27/2013 STEWART EVANS STEWART&EMMONS PA 817.21 300066 6/27/2013 STEWART EVANS STEWART&EMMONS PA 10,213.18 300067 6/27/2013 STEWART EVANS STEWART& EMMONS PA 10,000.00 300068 6/27/2013 MILTON THOMAS JR 642.48 Grand Total: 1,335,217.13 4 g CORRECTION TO AGENDA JULY 9,2013 AGENDA ITEM: 8A o., Please remove Pages 10 and 11 from Agenda Item 8A Q ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2476 6/21/2013 SENIOR RESOURCE ASSOCIATION 147,647.00 2477 6/21/2013 CDM SMITH INC 12,366.11 2478 6/21/2013 ICMA RETIREMENT CORPORATION 11,599.84 2479 6/21/2013 ICMA RET CORP 1,910.00 2480 6/21/2013 NACO/SOUTHEAST 40,696.27 2481 6/21/2013 IRC FIRE FIGHTERS ASSOC 6,120.00 2482 6/21/2013 FLORIDA LEAGUE OF CITIES,INC 5,172.39 2483 6/21/2013 NATIONWIDE SOLUTIONS RETIREMENT 301.98 2484 6/21/2013 FL SDU 7,797.88 2485 6/24/2013 IRS-PAYROLL TAXES 362,395.89 2486 6/24/2013 IRS-PAYROLL TAXES 262.07 2487 6/25/2013 BENEFITS WORKSHOP 3,211.90 2488 6/26/2013 TYLER A GOLD PA 67,802.47 Grand Total: 667,283.80 1 12 CONSENT AGENDA JULY 912013 8B Og1VER Office of the Z y INDIAN RIVER COUNTY *FLOR��A ADMINISTRATOR Joseph A.Baird, County Administrator Michael C. Zito,Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: July 1, 2013 • SUBJECT: Authorization to Attend Nabors Giblin &Nickerson Seminar Out of county travel is requested for commissioners and staff to attend the Local Government Finance, Tax, Home Rule & Growth Management Seminar 2013 presented by Nabors, Giblin & Nickerson, Attorneys at Law. It is being held on August 1, 2013 in Orlando, Florida. There is no charge for this Seminar. APPROVED AGENDA ITEM Indian River Co Approved Date Administrator 7- - BY: / D' Legal FO July 9 2013 (Replacement Page) 13 �gYVER Office of the INDIAN RIVER COUNTY 4 '• y ADMINISTRATOR LoRt� Joseph A. Baird, County Administrator Michael C.Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: July 1, 2013 SUBJECT: Authorization to Attend Nabors Giblin&Nickerson Seminar The County Administrator is requesting authorization to attend the Local Government Finance, Tax, Home Rule & Growth Management Seminar 2013 presented by Nabors, Giblin & Nickerson, Attorneys at Law. It is being held on August 1, 2013 in Orlando, Florida. There is no charge for this Seminar. APPROVED AGENDA ITEM Indian River Co AWroved Date t p Administratora��,� BY: FO : _July 9, 2013 13 - Nabors,-. -- You won't want to,, . _E C Glbhri miss this edasom . NickersonP.A /��/ , , ,�9 rT TOR N E Y 5 AT LA'N - ...:: .:-Qp.�ol':ttl tlity�, - 1500 Mahan Dive, Suite 200 Tallahassee FL 32308 X14 R 9 Mr. Joseph A. Baird, Sr. �£ County Administrator Indian River County 1801 27th St., Bldg. A Vero Beach, FL 32960-3388 r 74 )!rl'il'r'.11 -r'1rti,� 3 r e , "WI-WOU kit pt mg t LO LOCAL GOVERNl1"I August 1, 2013 Finance, Tax, --- - — Home Rule &..,Grp 9:00-9:40 Registration and Continental Breakfast 12:15-1:45 Lunch Management 9:40-9:45 Welcome and Introduction SEMINAR 201 1:45-2:30 The Pasco County Experience 9:45:-10:30 Local Government Home Rule David A. Goldstein,Assistant County Robert L.Nabors and Mark T.Mustian Attorney,Pasco County and Thomas G. An analysis of the-constitutional and statutory Pelham,FAICP Registration Form powers of local self-government and the Analysis of Pasco County's mobility fee system August 1, 2013 in Orlando, Florid preemption of taxation to the state.Included implemented under home rule utilizing is a discussion of governance alternatives home rule tax increment funds to create fee implementable by ordinance or interlocal incentives for specific geographic areas and land agreement.Finally,this session will outline the uses:Included is an explanation of the timing constitutional status and role of the municipal and,phasing requirements incorporated as an Name service taxing unit and the implementation and alternative to transportation concurrency:Also application of a home rule tax:increment:to fund. discussed is the pending litigation.and proposed a project or to finance infrastructure as'.the ublic legislation that has resulted:from;implementation P J P Title/Position share in a public/private partnershipi.. of this home rule solution.. 10:30-10:45 Refreshments 2:30-3:15 Defense of'Home Rule Revenue Sources and Land Use Regulations at Trial and Company or Local Government 10:45-11:30 fees and Assessments On Appeal Heather J. Encinosa:and.Gregory.T. Stewart' GregoryT. Stewart An.examination of the case law criteria for. An analysis of strategies local governments mai the adoption and imposition by ordinance use to prevent and defend challenges to home Address of special assessments,user fees,reoulaton, rule revenue sources at trial and onappeal:A fees,and proprietary i'ees o 1 uia services and review and,update on various local government land useissues including quasi judicial Cit /State/Zi infrastructure;and a dis u,szgn of otlectjon „i y P methods for special a sessmcnts. 1i,n.ncludec'. roceedings,"takings'jurisprudence and actio ns :, are the general law restrictions on tl z nnpostuon ender the Ber-t J.H'arns Private;Propert”, Rights 1 i-otection:Act of im act fees and the legal if}ic+c_nc te.t for a Phone t �' r ti valid mobility fee. 3153 30 Refreshments. Ery 1.1:30-12:15 Growth Management After the 330 5`00 r 4 Structure and Implementation of P bllo%� g Fax Community Planning Act F k {$ Thomas G. Pelhan, FA1CFgrid Private Partnerships; ri���� '�, -� Robert L. Nabors Robert L. Nabors, Georgie�l Nlc���r Brian P.Armstrong uhun-oh en errs 11,c i111pact -,i ti C on"Inuiut•t 3,lanrun Act on x ' 1 i; kms? iFe Z Email Address r 1 geher i,c on�d > �lta/ tiowi n nie.,zt5 and lirn` local Bove ineuts c t arer4,,,1 ccpt and .eo ,did• c.in c<:s oiic , aroctRh tome rule initia es to sT t � ' r�'r , }3 'y� : q.Cl trllt:.,l c and,l2n a ES tate,;- th< c�,,lu:u n c� ��e.ac ring oFst�it planning � � Y Mail,fax or email form by July 22,2013 +e�rnen s.A discuscsion of tli,a gcs of li 4r ' )� � witl a d�scussio Angela Matherne,NG&N, �a# f ` spa tndrs p a.. . .: c c alias,_� „}i large scales ctoT glans � I2Sl � ;\ ���� �� ,,�, ,, t�s�� �r � :. 1500 Mahan Drive,Suit 200,Tallabassee,Fl( nniilo }roc esse and the act-arta e =home ' � w 51 , s 4n< � (8S0) 224-4073(fax) ernc@ngnla,,N,.cc lc mobclit�<nlans.and Ices over tcan oxtat � F F �t �, S bra t 'g S. u,irurreno t r Y .� r wfi l c T y' uw „. ,Mr42$.e 5 eta. t �E,ta .. .. .W,. .JH ... �. v F-:Sa .:. :.. PROCT AMATION HONORING NORMAN L. WELLS ON HIS RETIREMENT FROM INDL4NRIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Norman L. Wells retired from Indian River County Fire Rescue effective July 5, 2013; and WHEREAS, Norman L. Wells began his firefighting career with the Vero Beach Volunteer Fire Department in March of 1981. He began working for the Indian River South County Fire District on August 1, 1981. On July 23, 1982, he was promoted to Firefighter-EMT, On July 7, 1984, he became an Engineer. On May 25, 1990, he was promoted to Lieutenant On July 6, 1940, he was promoted to Lieutenant Training Officer. In 1992 Norman received his BS Degree in Fire Science from the Un_ivemity of Cincinnati. On December.10, 1999, he was promoted to Captain. In 1999 he received his Paramedic license. On December 30, 2005, he was promoted to Battalion Chief for "A" shift, which is the position he held until he retired On July 20, 2012, he received his .Executive Fire Officer Degree from the National Fire Academy. He has received numerous Letters of Appreciation during his career; and WHEREAS, Norman L. Wells served this County and the Public with distinction and selflessness. During his thirty-two years of service, he was dedicated and his work was greatly appreciated by his employer and ea-workers alike;: and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Norman L. Wells} efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he gave to Indian River County for thirty-two years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes far success in his future endeavors! Adopted this 9`* day of July 2013. E �\ 6'1V BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA i Q Joseph E Fleseher, Chairman l . _, �: �' �,�o u ` v`� p 4" 1 �� ;'e � , / � v �1` F `( �� I ' ' �'� I "! y �P `� / / , / / / / , �' '<,� s � F� �% � �� i , _ jij �� i`vi ,� � � I �'`� � �� / �'� I I ' I � ��� , 1 ' / , I , , ' /1 �� ,t� % ` �i'� �1f � f� �` `, / / 1 �� �,� , ��� - `� s �, � ', _ I , + � I �, _ _: ��, . . .- - /I _ I r ��-' �o- mow! �� �►. �. '�M.' e INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director • FROM: James D. Gray,Jr. &D Coastal Engineer SUBJECT: Release of Retainage for Coastal Tech Work Order No. 13 Sector 3 Beach Restoration—2012 Post Construction Monitoring Services DATE: June 24, 2013 DESCRIPTION AND CONDITIONS On December 13, 2005, the Board approved a contract with Coastal Technology Corporation, Inc. (Coastal Tech) for professional coastal engineering services in Indian River County for a j three-year term, 2005-2008. On December 9, 2008, the Board renewed the contract until December 13, 2011. Additionally, on April 17, 2012 the Board extended the contract through completion of Coastal Tech Work Order No. 13. Work Order No. 13 to this contract provided for services related to 2012 post construction _ monitoring for the Sector 3 Beach Restoration Project. The Board approved Work Order No. 13 amount was $459,206. All the tasks under this Work Order 13 are now 100% completed. Therefore, Coastal Tech is requesting release of withheld retainage in the amount of $45,920.60. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from Account# 128-206000-05054 F:\Public Works\JamesG\Sector 3\WO 9 13 -Post Construction Monitoring 2012\Retainage Release\memo agenda retainage release CTC Work Order 913--7-9- 13.docx 18 Page 2 BCC Consent Agenda Item Sector 3 Beach Restoration July 9, 2013 RECOMMENDATION Staff recommends the Board approve the release of retainage for Work Order No. 13 in the amount of$45,920.60. ATTACHMENT Coastal Tech Invoice No. 184661— Dated 5/31/13 APPROVED AGENDA ITEM FOR:July 9, 2013 Indian River Approved Date County BY: Administration Budget Legal PPV Public Works Coastal Division JAG 6124113 F:\Public Works\JamesG\Sector 3\W0 # 13 -Post Construction Monitoring 2012\Retainage Release\memo agenda retainage release CTC Work Order#13--7-9- 13.docx 19 1e(elO 6I TI13 S k) COASTALTEC COASTAL • ENVIRONMENTAL • CIVIL • ENGINEERING AND PLANNING COASTAL TECHNOLOGY CORPORATION 3625 20TH STREET,VERO BEACH.FLORIDA 32960-2409 PHONE:(772)562-8580 FAX:(772)562.8432 25225.18 FINAL INVOICE#184661 May 31, 2013 James Gray Indian River County 1801 27`h Avenue Vero Beach, FL 32960 RE: IRC Sector 3 Phase 1,Phase 2, & Phase 2B Post Construction Monitoring Services Work Order No. 13 Contract Amount = $459,206.00 Previously Billed = $459,206.00 Work Performed through May 31, 2013. Invoice for retainage held by County. Total Amount Due This Invoice = $45,920.60 ` Balance Remaining in Contract= $0.00 Please make payment to Coastal Technology Corporation in the amount of$45,920.60. If you have any questions regarding this invoice,please contact me. Sincerely, COASTAL TECH Michael P. Walther,P.E. President INDIAN RIVER COUNTY PUBLIC WORKS APPROVED DATE DIRECTOR DIV.HEAD P.O .# ACCT.# sr�To� 3 a��c H rzesio�rro� VERO BEACH • MELBOURNE • SARASOTA • AUSTIN '/�J//�� ®AECYCLEO PAPEA EQUALCPPOATUNRY/AFFIRMATIVE ACACNy61R�Yft COASTALTECH COASTAL • ENVIRONMENTAL • CIVIL • ENGINEERING AND PLANNING COASTAL TECHNOLOGY CORPORATION 3525 20TH STREET.VERO BEACH,FLORIDA 32960.2409 PHONE:(772)562-8580 FAX:(772)562-8432 25225.18 May 31, 2013 James Gray Indian River County 180127 1h Street Vero Beach, FL 32960 RE: IRC Sector 3 Phase 1,Phase 2, & Phase 211 Post Construction Monitoring Services Work Order No. 13 Dear Mr. Gray: Please allow this letter to serve as Coastal Tech's formal request for the release of retainage on the Indian River County Sector 3 Phase 1, 2, & 2B Post Construction Monitoring Services project. Enclosed please find one original Final Invoice #184661 in the amount of$45,920.60. f Please feel free to contact me at (772) 562-8580 if you have any questions. Sincerely, COASTAL TECH Robert F. Hall Chief Financial Officer VERO BEACH • MELBOURNE • SARASOTA • AUSTIN //�� ��� 19 RECtUMPAPIM EOUAI OPPOMUNITY(APFIMflMEACTION94- INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E Public Works Director • FROM: James D. Gray,Jr. 06, Coastal Engineer SUBJECT: Release of Retainage for Coastal Tech Work Order No. 12 Sector 3 Beach Restoration—Phase 2b Construction Phase Services DATE: June 24, 2013 DESCRIPTION AND CONDITIONS On December 13, 2005, the Board approved a contract with Coastal Technology Corporation, Inc. (Coastal Tech) for professional coastal engineering services in Indian River County for a three-year term, 2005-2008. On December 9, 2008, the Board renewed the contract until December 13, 2011. Additionally, on April 17, 2012 the Board extended the contract through completion of Coastal Tech Work Order No. 13. Work Order No. 12 to this contract provided for services related to Phase 2b construction services for the Sector 3 Beach Restoration Project. The Board approved Work Order No. 12 amount was $200,354. As a result of overall task management, there was a total cost savings of $12,888.49 or approximately 6.4%; total amount expended on Work Order No. 12 was $187,465.61. All the tasks under this Work Order are now 100% completed. Therefore, Coastal Tech is requesting release of withheld retainage in the amount of$18,746.55. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from Account# 128-206000-05054 F:\Public WorksUames&Sector 3\WO # 12\Retainage Release\memo agenda retainage release CTC Work Order#12-- 7-9-13.docx 22 g>,are o 6'713 COASTALTECH COASTAL • ENVIRONMENTAL • CIVIL • ENGINEERING AND PLANNING COASTAL TECHNOLOGY CORPORATION 3625 20TH STREET,VERO BEACH.FLORIDA 32960-2409 PHONE:(772)562-8580 FAX:(772)562-8432 25225.17 FINAL INVOICE #184650 May 31, 2013 James Gray Indian River County 1801 27th Street Vero Beach, FL 32960 RE: IRC Sector 3 Phase 2B During Construction Phase Services Work Order No. 12 Contract Amount = $200,354.00 Previously Billed = $187,465.51 Work Performed through May 31, 2013. Invoice for retainage held by County. Total Amount Due This Invoice = $ 18,746.55 DU Balance Remaining in Contract= $0.00 Please make payment to Coastal Technology Corporation in the amount of$18,746.55. If you have any questions regarding this invoice,please contact me. Sincerely, COASTAL TECH Michael P. Walther, P.E. President COUNTY PUBLIC WORKS APPRI0VEID DATE :�l lZs (W RET. .,Li.�l �200-OSos SEC`fif�- � �CAt t^F �,PSTOI�ipn/ VERO BEACH MELBOURNE SARASOTA - AUSTIN AEMLEDPAPEA E AL 0PP0ATUNR WFIAMAAYE ACTION EMZ4 COASTAL. TECH COASTAL • ENVIRONMENTAL • CIVIL • ENGINEERING AND PLANNING COASTAL TECHNOLOGY CORPORATION 3625 20TH STREET,VERO BEACH.FLORIDA 32960-2409 PHONE:(772)5628580 FAX:(772]562•B432 25225.17 May 31, 2013 James Gray Indian River County 1801 27h Street Vero Beach, FL 32960 RE: IRC Sector 3 Phase 211 During Construction Phase Services Work Order 912 Dear Mr. Gray: Please allow this letter to serve as Coastal Tech's formal request for the release of retainage on the Indian River County Sector 3 .Phase 2B During Construction Phase Services project. Enclosed please find one original Final Invoice#184650 in the amount of$18,746.55. IL Please feel free to contact me at(772) 562-8580 if you have any questions. Sincerely, COASTAL TECH Robert F. Hall Chief Financial Officer Ic VERO BEACH MELBOURiVE = SARASOTA ° AUST1N ®RECYCLED PAPER EOUAL OPPORTUNITY/AFRR WE ACRZLU ?F Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board QLQounty Commissioners From: Jason E. Brown Director, Office of Mana em nt & Budget Date: July 2, 2013 Subject: Miscellaneous Budget Amendment 021 Description and Conditions The attached budget amendment appropriates funding necessary for the following: Nf 1. The Gifford Aquatic Center and the North County Aquatic Center need repairs to the ice i� machines at a cost of $2,000 each. Additionally, the North County Aquatic Center needs to replace the touch pads for the timing system, costing $1,900. The attached entry appropriates funding from MSTU/Reserve for Contingency in the amount of $5,900. 2. An additional server is needed for the Tyler Content Management. The attached entry appropriates funding in the amount of $8,000 from General Fund/Reserve for Contingency. 3. On June 18, 2013, the Board of County Commissioners approved Phase 4 Work for the Fire Rescue Operations Site with Barth Construction. The attached entry appropriates funding in the amount of $176,493 from Impact Fees/Cash Forward-Oct 1St 4. On June 4, 2013, the Board approved Work Order #3 with Donadio and Associations, P.A. to perform a special needs analysis and site master plan and design of an evidence storage facility for the Sheriff. Additionally, on June 18, 2013, the Board approved Crime Scene Facility change order #2 with Proctor Construction Company. The attached entry appropriates funding in the amount of$205,079 from Impact Fees/Cash Forward-Oct 1St 5. The balance of FPL mitigation escrow funds has been transferred to the MSTU Fund. The attached entry appropriates funding in the amount of $3,105 to MSTU/Parks/Other Contractual Services. 6. On September 15, 2009, the Board approved a local jobs grant for OcuCue, LLC. The payment schedule dictates the county to make a total of 9 separate payments. The June payment of $19,000 is a combination of payment #6 for $11,999,99; payment #7 for $4,666.67 and payment #8 for $2,333.34. The attached entry appropriates funding from General Fund/Reserve for Contingency. 26 Board of County Commissioners July 2, 2013 Page 2of2 7. Improvements are needed to the irrigation system and turf on the football field and Senior baseball field at Gifford Park. The attached entry appropriates $160,000 from Optional Sales Tax/Cash Forward-Oct 1St Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget. Attachments Budget Amendment 021 and Resolution APPROVED AGENDA ITEM: Indian River county AqpVved Date Administrator � BY: aJ Legal ?-�- (' Jose h A. Baird Budget 7 i I j County Administrator Department For: July 9 2013 Risk Management 27 RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2012-2013 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2012-2013 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of 12013. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM aAD EAND EGAL SUFF I BY 4'6/�� CO6-TYATTORNEY2 8 Exhibit "A" Resolution No.2013- Budget Office Approval: Budget Amendment:021 Jason E. Br n, B dgetDirector Entry Fund/Departm t/ count Name Account Number Increase Decrease Number 1. Expense MSTU/Gifford Aquatic Center/Other Machinery& 00410572-066490 $2,000 $0 Equipment MSTU/North County Aquatic Center/Other Machinery& 00410472-066490 $2,000 $0 Equpment MSTU/North County Aquatic Center/Other Equipment 00410472-034690 $1,900 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $5,900 2. Expense General Fund/Computer Services/EGP Equipment 00124113-066470 $8,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $8,000 3. Revenue Impact Fees/Cash Forward-Oct 1st 103039-389040 $176,493 $0 Expense Impact Fees/Fire Services/FS#13 Construction 10312022-066510-08006 $176,493 $0 4. Revenue Impact Fees/Cash Forward-Oct 1st 103039-389040 $205,079 $0 Expense Impact Fees/Public Buildings/Crime Scene Unit 10312113-066510-01004 $205,079 $0 Building Rennovation 5. Revenue MSTU Fund/Misc Revenue/Reimbursements 004038-369940 $3,105 $0 Expense MSTU Fund/Parks/Other Contractual Services 00421072-033490 $3,105 $0 6. Expense General Fund/Agencies/Local Jobs Grant-OcuCue,LLC 00111015-088009 $19,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $19,000 29 Exhibit "A" Resolution No. 2013- Budget Office Approval: Budget Amendment: 021 4E. udget Direc or Entry Fund/Depart Account Name Account Number Increase Decrease Number 7. Revenue Optional Sales Tax/Cash Forward-Oct 1st 315039-389040 $160,000 $0 Expense Opitonal Sales Tax/Parks/Other Improvements Except 31521072-066390 $160,000 $0 Buildgins 30 9(-5— • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer,Jr., P.E., County Engine6v SUBJECT: Indian River County Public Shooting Range Improvements to Skeet &Trap Facility and Hunter Safety Training Building Approval of Agreement with Donadio and Associates, Architects, P.A. to Provide Professional Architectural and Engineering Services RFQ No. 2013017—IRC Project No. 1213 DATE: July 1, 2013 DESCRIPTION AND CONDITIONS On May 21,2013,the Board of County Commissioners approved the ranking of the design professionals for the Indian River County Public Shooting Range Skeet & Trap Facility and Hunter Safety Training Building and authorized staff to begin negotiations with the top ranked firm, Donadio and Associates, Architects, P.A. Attached is a proposed agreement for design and construction related servicesforthe proposed facility. The proposed improvements would consist of the following: 1. 40' x 20' CBS Storage Building 2. Four(4) each Hi/Lo Skeet &Trap Houses 3. Three (3) Combination Skeet &Trap Fields 4. Three (3) Trap Houses 5. Improvements to Sporting Clay course 6. 300-yard Rifle Range 7. Vehicle parking area expansion 8. Stabilized parking area (for golf cart and overflow vehicles) 9. Repair two (2) existing rifle range baffles 10. Drainage modifications 11. Permitting 12. Parking lot lighting 13. Skeet &Trap field lighting 14. Landscaping The Hunter Safety Training Building has been removed from the scope of this project. The Florida Fish and Wildlife Conservation Commission has agreed to design the building and construct it at the location provided on the site plan for the facility. Permitting with St.Johns River Water Management District for this project will include the Hunter Safety Training Building. F:\Public Works ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train Bldg\Admim\agenda items\BCC Agenda memo Approval of Agreement with Donadio&Assoc 07-01-2013.doc 31 PAGE TWO Christopher J. Kafer,Jr., P.E., County Engineer July 9, 2013 Agenda Item FUNDING The proposed design services provide for a lump sum fee of $77,785.00 and not-to-exceed fees of $24,930.00 for construction related services (which will be paid on an hourly basis) and reimbursable expenses of$2,000.00, for a total of$104,715.00. Funding for the design of the repair of the two(2)existing rifle range baffles is budgeted and available from Account No.00416172-033490,MSTU/Shooting Range/Other Contractual Services in the amount of$630.00. Funding in the amount of$104,085.00 is available from Impact Fees/Parks/Sporting Clays Course-Skeet Trap, Account#10321072-066510-12001. For FY 12/13, $590,000 has been budgeted for this project. Under the County's code, all funds collected from recreation/park impact fees shall be used for the purpose of capital improvements to recreation/park facilities under the jurisdiction of the County and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the County. RECOMMENDATION Staff recommends the Board (1) find that the expansion of the Shooting Range is necessary to accommodate growth in the county and that such growth will benefit from the expansion and (2) approve the proposed agreement with Donadio and Associates, Architects, P.A. in the amount of $104,715.00 and authorize the Chairman to execute the agreement. ATTACHEMENTS 1. Agreement 2. Exhibit A(Proposal from Donadio and Associates, Architects, P.A., dated June 27, 2013) DISTRIBUTION 1. Purchasing Division 2. Michael Zito, Assistant County Administrator 3. Holden Kriss, Range Manager 4. Anthony Donadio, Donadio and Associates, Architects, P.A. Indian River County Approved Date APPROVED AGENDA ITEM a Administration FOR July 9, 2013 Budget Legal I BY 4 General Services t 3 Public Works -7 2 C3 Engineering C:\Documents and Settings\jwilliamsU_ocal Settings\Tempormy Internet Files\Content.Outlook\U08CAT5B\BCC Agenda memo Approval of Agreement with Donadio Assoc 07-01-2013(2).d,, 32 INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET & TRAP FACILITY PROFESSIONAL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES CONSULTANT AGREEMENT THIS AGREEMENT, entered into this day of , 2013, between INDIAN RIVER COUNTY, a Political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as the COUNTY, and Donadio and Associates, Architects, P.A., 609 17°i Street, Vero Beach,Florida 32960,hereinafter referred to as the CONSULTANT. WITNESSETH The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional civil engineering; architecture; structural, electrical, and mechanical engineering; environmental engineering; construction budgeting, technical specifications and provisions, and related services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below. This Agreement shall be referred to as the "CONSULTANT AGREEMENT". The CONSULTANT shall provide professional consultant services including: civil engineering; architecture; structural, electrical, and mechanical engineering; construction budgeting, technical specifications and provisions and related services to the COUNTY for the Indian River County Public Shooting Range Improvements to Skeet&Trap Facility, and the consultant shall serve as the COUNTY's professional representative for the project as set forth herein, and any related or similar project as the COUNTY may deem necessary; and shall give professional civil engineering; architecture; structural, electrical, and mechanical engineering; environmental engineering; construction budgeting, and related advice to the COUNTY during the performance of the services to be rendered. SECTION I-PROJECT LIMITS AND DESCRIPTION The project limits shall include the County leased tract of land,located at 10455 102"d Terrace, Sebastian, Florida. Consultant services are required for the preparation of site and building construction plans, including civil engineering, architectural design, structural engineering, mechanical and electrical engineering, environmental engineering, preparation of working drawings, technical specifications and provisions, cost estimating, field observations and reports, and related construction administration services for the construction of site and building improvements necessary for the Indian River County Public Shooting Range Trap&Skeet Facility. The improvements will include design of: 1. Action pistol range 2. 25-point 300-yard rifle range 3. Sporting clays trail modifications 4. Three(3)combination skeet and trap fields 5. Four(4)2-story hi-lo skeet houses 6. Three(3)trap houses 7. 800 square foot storage building Page 1 of 11 F:\Public Works\ENGINEERING DIVISION PR03ECTS\12131RC Shooting Range-Skeet&Trap Imp—mnts&Hunters Train Bldg\Admim\bid documents\Agreement-RFQ 2012024 Donadio and Assoc..doc 33 8. Expanded paved parking lot with forty(40)parking spaces 9. Adjacent stabilized golf cart parking lot 10. Repair two(2)existing rifle range baffles Basic services required of the CONSULTANT are described in Section IV Scope of Services. SECTION II-GENERAL RESPONSIBILITIES (1) Design services required by the Agreement shall be performed by qualified registered Florida architects, engineers and other design professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the COUNTY. (2) The agreements between the CONSULTANT and the persons or entities identified in this Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the COUNTY upon request (3) If the CONSULTANT believes or is advised by other design professionals retained to provide services on the Project that implementation of any instruction received from the COUNTY would cause a violation of any applicable law,the CONSULTANT shall notify the COUNTY in writing. The CONSULTANT shall not be obligated to perform any act which he believes will violate any applicable law. SECTION III-COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data,or services as required in connection with the work to be performed under this Agreement: (1) Provide the CONSULTANT with all available drawings,and other documents in the possession of the COUNTY pertinent to the project. (2) The COUNTY shall be responsible for obtaining those permits required to perform the work to complete the project only if such permit requirements are established by regulatory agencies after the date of this Agreement. (3) The COUNTY shall make provisions for the CONSULTANT to enter upon public or private property as required for the CONSULTANT to perform his services. (4) The COUNTY will promptly execute all permit applications prepared by CONSULTANT that are necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. (5) The COUNTY designates the County Engineer,or his designee,as Project Manager for the Project. (6) The COUNTY shall provide existing environmental studies. (7) The COUNTY shall attend meetings with agencies having jurisdiction and approval authority for this project,when requested by CONSULTANT. (8) The COUNTY shall obtain the As-Built drawings from the General Contractor awarded the M project. The project contract documents will be prepared to specify this requirement. 1 Page 2 of 11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train Bidg\Admim\bid documents\Agreement-REQ 2012024 Donadio and AssocA. 34 SECTION IV-SCOPE OF SERVICES The CONSULTANT agrees to perform professional services in connection with the project as required and as set forth in the following: (1) GENERAL (a) The CONSULTANT will provide professional architectural and engineering consulting services for the preparation of site and building construction plans, including civil engineering, architectural design, structural engineering, mechanical and electrical engineering, environmental engineering, preparation of working drawings, contract documents, an opinion of probable cost, field observations and reports, and related construction administration services, for the construction of site and building improvements necessary for the development of administration, operation, maintenance and storage facilities for the Indian River County Public Shooting Range Skeet&Trap Facility. (b) The CONSULTANT shall prepare all building architectural and building engineering system designs, including structural,mechanical,and electrical systems. (c) The CONSULTANT shall prepare all site structure designs. The buildings shall be designed to comply with the wind pressure requirements in FBC 2010 Edition. (d) The CONSULTANT will provide a site plan conforming to FBC 2010 accessibility requirements including building location, and accessible routes to all buildings and required entries and exits, pathways, parking, vehicular use areas, site lighting, light pole locations, utility and drainage facilities, site data and site calculations. The format for this documentation will be AUTO CAD 2009, and shall clearly show the area for placement of the building required in the program data. (e) The CONSULTANT'S planning efforts for the Indian River County Public Shooting Range Skeet &Trap Facility should take into account the following. 1. Site plan and building plan designs for the project to be mutually agreed upon by COUNTY staff and CONSULTANT 2. Construction Costs 3. The existing facilities, structures, utilities and stormwater systems, and capacity of existing utility and stormwater management systems 4. Local and state Stormwater regulations and requirements 5. Flood zones,Wind Resistance,Building Codes,and life safety issues (f) In order to accomplish the work described under this Agreement in the time frames set forth in this Agreement, the CONSULTANT will maintain an adequate staff of registered Architects, Engineers,technicians, and other employees and consultants on the work at all times. (g) By executing this Agreement, the CONSULTANT represents to the COUNTY that the CONSULTANT is professionally qualified to act as the architect for the project and is licensed to practice architecture by all public entities having jurisdiction over the CONSULTANT and the project. The CONSULTANT further represents to the COUNTY that the CONSULTANT will maintain all necessary licenses, permits or other authorizations necessary to act as architect for the Project until CONSULTANT'S remaining duties, hereunder have been satisfied. The CONSULTANT assumes full responsibility and will indemnify the COUNTY for the improper acts and omissions of its consultants or others employed or retained by the CONSULTANT in connection with the Project. (h) The professional services are to be provided in accordance with generally accepted professional architectural,engineering and design practices. Page 3 of 11 F.\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRCShooting Range-Skeet&Trap Imprevemnts&Hunters Train Bidg\Admim\bid documents\Pgreement-RFQ 2012024 Donadio and AuocA. 35 (i) Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the CONSULTANT. (j) Execution of this Agreement by the CONSULTANT constitutes a representation that the CONSULTANT has become familiar with the Project site and the local conditions under which the Project is to be implemented. (k) The CONSULTANT will endeavor to comply with all federal, state, and local laws applicable to this project.The CONSULTANT will endeavor to design the project in such a manner as to be in conformance with all current applicable federal, state and local laws, including current accessibility guidelines as of the signing of this Agreement. (1) The CONSULTANT will prepare all necessary sketches to accompany applications for any required federal,state,or local permits. (m)The CONSULTANT shall report the status of this project to the County's Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the Project Manager or his authorized agent at any time,upon reasonable request. (n) The CONSULTANT, will prepare all permit applications, and will prepare and furnish copies of the drawings, specifications and contract documents, as required for federal, state and local agencies from which approval of the project must be obtained. All original documents, tracings and the like, including items furnished to the CONSULTANT by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. (o) The drawings prepared by the CONSULTANT will be of sufficient detail to permit the actual location of the proposed building improvements on the ground. (2)CONSULTANTS SCOPE OF WORK AND PRODUCT DELIVERABLES 1. The CONSULTANT will perform all necessary civil engineering, architectural, mechanical and electrical engineering and structural design, environmental engineering and incidental work for the site and buildings. Based on the preliminary design development documents, final construction plans and technical specifications and provisions shall be prepared, establishing in detail the material and systems required for the project, including the incorporation of sustainable building and site design principles and systems. 2. The CONSULTANT shall Design and prepare a complete set of construction plans for the buildings suitable for obtaining County Site Plan Approval, Building Permits, and other permits required for the work. The design shall be in accordance with the 2010 Florida Building Code, current Life Safety Code and all federal,state and local codes.These plans shall include: (i) Architectural (ii) Civil (iii) Structural (iv) Mechanical (v) Electrical (vi) Environmental ® Page 4 of 11 F-.\Publkc Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train BIdg\Admim\bid documents\Agreement-RFQ 2012024 Donadio and AssocAm 36 3. The CONSULTANT shall design and prepare a complete set of site construction plans for obtaining County site plan approval,building permits,and other site development jurisdictional agency permits. These plans shall include: (i)Site Plan (ii)Landscape design (iii) Site Electrical/site lighting (iv)Clearing, Earthwork,drainage and paving 4. The CONSULTANT shall prepare complete civil site development drawings for the construction of storm water management system requirements.All coordination with utility providers,design, f relocation or routing,and scheduling shall be by the CONSULTANT. 5. Prepare Construction Documents. Prepare Technical written specifications and provisions for building and site work components. 6. Construction Cost Estimate(s): Based on 90% complete plans, prepare a detailed site construction plan cost estimate. 7. Permits: The Consultant will prepare all applicable permit applications for all government agencies with jurisdiction, including: (i) Indian River County (ii) St.Johns River Water Management District (iii) Florida Department of Environmental Protection (iv) Army Corps of Engineers Note: Building permits: Assist contractor with the building permit review process.Provide plans, specifications and supporting documentation.Prepare response to building official. N 8.The CONSULTANT shall assist the COUNTY with the Contract Administration and Observations, including:attend progress meetings,review shop drawings and contractors submittals,and provide routine site observations to verify the work is proceeding in accordance with the plans and specifications for the purposes of certification upon completion of the work.Observations shall be documented with written reports and digital photographs.The CONSULTANT will coordinate the responsibility for document review,meeting attendance,and observations with civil engineer, architect and other consultants.The construction period is estimated to be six(6)months,and CA and observation fees have been estimated by the CONSULTANT based on this time frame. SECTION V-TIME FOR COMPLETION (1)The time for completion of each project phase shall be as follows: Design,permitting—Six(6)calendar months Construction Observation Services—to run concurrently with consruction Page 5 of 11 F:\Public Works\ENGINEERING DMSION PROJECTS\1213-IRCShooting Range-Skeet&Trap Improvemnts&Hunters Train Bldg\Admim\bid documents\Agreement-RFQ 2012024 Donadio and Assoc..doc 37 SECTION VI—COMPENSATION (1) Compensation: The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to this Agreement,fees in accordance with the following: (a) Fixed Fees(Lump Sum): 1. Design and Permitting related service(see Exhibit A) $68,985.00 2. Meetings and Coordination(see Exhibit A) $8,800.00 Total Fixed Fees $77,785.00 (b) Hourly Fees(Not To Exceed) 1. Construction Related Services(see Exhibit A) $24,930.00 2. Reimbursable Expenses(see Exhibit A) $ 2,000.00 Total $26,930.00 (2) Payment Schedule (a)The COUNTY shall make monthly partial payments to the CONSULTANT.Payments shall be in proportion to the percentage of work completed for the billing period. Retainage may be withheld in accordance with"Section VIII—Partial Payments". (b)The payments shall be due in accordance with F.S.218,Local Government Prompt Payment Act. SECTION VII-EXTRA WORK (1) In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, and upon the issuance of an amendment to this Agreement for said Extra Work by the COUNTY, said Extra Work may commence upon receipt of a Notice to Proceed. (2) Compensation for Extra Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY, based on the CONSULTANT'S approved hourly rate schedule (shown in "Exhibit B"of attached proposal),and approved by the Board of County Commissioners. SECTION VIII-PARTIAL PAYMENTS (1) The COUNTY shall make monthly partial payments to the CONSULTANT. (2) The CONSULTANT shall submit duly certified invoices to the COUNTY'S Project Manager. (3) The COUNTY shall withhold from each progress payment made to the CONSULTANT an amount not exceeding 10 percent of the payment as Retainage until 50-percent completion of the contracted design services. (4) After 50-percent completion of the design services purchased pursuant to the Agreement, the COUNTY shall reduce to 5 percent the amount of Retainage withheld from each subsequent progress payment made to the CONSULTANT. Page 6 of 11 F.\Public Works\ENGINEERING DIVISION PROJECT5\1213-IRCShooting Range-Skeet&Trap Improvemnts&Hunters Train Bidg\Admim\bid documents\Agreement-RFQ2012024 Donadio and AssocAm 38 (5) Final payment and release of 5 percent retainage shall be made when CONSULTANT has, in the COUNTY'S opinion, successfully completed all aspects included in this Agreement (and any �- amendments)and has submitted complete and legally effective releases or waivers(satisfactory to OWNER)of all Lien rights arising out of or Liens filed in connection with the Work. SECTION IX—RIGHT OF DECISIONS (1) All services shall be performed by the CONSULTANT to the satisfaction of the COUNTY'S Project Manager, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof,and the Project Manager's decision upon all claims questions and disputes shall be final conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. (2) Adjustments of compensation and time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the COUNTY'S Project Manager. In the event that the CONSULTANT does not concur in the judgment of the COUNTY'S Project Manager as to any decisions made by him, he shall present his written objections to the County Administrator;and the COUNTY'S Project Manager and the CONSULTANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable. The CONSULTANT may appeal the decision to the Board of County Commissioners. SECTION X-OWNERSHIP AND REUSE OF DOCUMENTS (1) Ownership All reports, tracings, plans, specifications, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY and shall be made available by the CONSULTANT at any time upon request of the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Engineer. (2) Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the services described herein.They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. Any such utilization or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the CONSULTANT. The CONSULTANT shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others. SECTION XI-NOTICES Any notices,reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the COUNTY'S project manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall be considered delivered when posted by certified mail to the CONSULTANT at the last address left on Page 7 of 11 F:\PublfcWorks\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train Bidg\Admim\bid documents\Agreement-RFQ 2012024 Donadio and Asso-doc 39 file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative. Such in person deliveries shall be evidenced by signed receipts. SECTION XII-TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days 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 or if the COUNTY determines it not in the public interest to continue this Agreement. In the event of any terminations, the CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of such termination. The CONSULTANT will deliver to the COUNTY all work performed prior to termination of the Agreement. SECTION XIII-AUDITS The COUNTY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the work included herein and for a period of one year after final payment is made. SECTION XIV-SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the CONSULTANT shall cause the names of the architectural firm or engineering firms, responsible for the major portions of each separate specialty of the work to be inserted on reports or other data. It is anticipated that the CONSULTANT shall sub-contract the following portions of the work: Contract Administrator: CONSULTANT—Donadio&Associates,Architects,P.A. Civil Engineering: CONSULTANT—G. Sean McGuire,P.E. Architecture: CONSULTANT—Donadio&Associates,Architects,P.A. Structural engineer: CONSULTANT—ML Engineering,Inc. Mechanical,Electrical,Plumbing, And Fire Protection Engineers: CONSULTANT-KAMM Consulting,Inc. Landscape designers: CONSULTANT—Kimley Horn and Associates,Inc. Environmental Engineering CONSULTANT—Crossroads Environmental Consultants, Inc. Page 8 of 11 F-.\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improvemnts&Hunters Train Bldg\Admim\bid documents\Agreement-RFQ 2012024 Donadio and Assoc..doc 40 SECTION XV-WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person other than bona fide employees working solely for the 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 the DESIGNER any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For breach violation of this warranty,the COUNTY shall have the right to annul this Agreement without liability. SECTION XVI-DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof or until completion of the project as specified by the COUNTY'S Project Manager, whichever occurs later,or unless otherwise terminated pursuant to Section XII of this Agreement. SECTION XVII-INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. (1) CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or sub-consultants. The cost of such insurance shall be included in the CONSULTANT's Basic Compensation. Architects and Engineers under subcontract with the R CONSULTANT shall have their own Professional Liability Insurance. i (2) Minimum Scope of Insurance (a) Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. (b) General Liability $1,000,000 combined single limit per accident for bodily injury and property damage.COUNTY shall be an additional insured. (c) Auto Liability $1,000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles. COUNTY shall be an additional insured. (d) Professional Liability Insurance providing coverage for negligent,reckless or intentional acts, errors, or omissions committed or alleged to have been committed by CONSULTANT with a limit of$500,000 per claim/annual aggregate.There shall be no more than $15,000 deductible per claim amount unless the CONSULTANT provides a Certified Copy of a financial report which has been approved by the County Risk Manager. This insurance shall extend coverage to loss of interest, earning,profit,use and business interruption, cost of replacement power, and other special, indirect and consequential damages. Page 9 of 11 F.\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Imp—mnts&Hunters Train Bldg\Admim\bid documents\Agreement-RFQ2012024 Donadio and Asso-doc 41 (3) Any deductibles or self insured retentions greater than $15,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the CONSULTANT. (4) CONSULTANT'S insurance coverage shall be primary. (5) All above insurance policies shall be placed with insurers with a Best's rating of no less than A- VII.The insurer chosen shall also be licensed to do business in Florida. (6) The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. (7) The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. (8) The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. (9) CONSULTANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverages for sub-consultants shall be subject to all of the requirements stated herein. (10) CONSULTANT hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from negligent, reckless or intentional acts, errors or omissions of the CONSULTANT or CONSULTANT'S REPRESENTATIVES in the performance of Professional Services under this Agreement and for which CONSULTANT is,legally liable. (TBE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) Page 10 of 11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Skeet&Trap Improver nts&Hunters Train Bidg\Admim\bid documents\Agreernent-RFQ2012024 Domdio and Assoc-doc 42 SECTION XVIII-ENTIRETY OF AGREEMENT A. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. B.No alteration,change,or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. C. This Agreement,regardless'of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS'WHEREOF the parties hereto have executed these presents this day of 2013. OWNER: BOARD OF COUNTY COMMSIONERS CONSULTANT COMPANY NAME: INDIAN RIVER COUNTY,FLORIDA DON,,W0 AND ASSOCIATES, A. Joseph E.Flescher,Chairman resident Approved by BCC: 0 ATTEST: Jeffrey R. Smith,Clerk of Court and Comptroller Witnessed by: nap--;4 b A-V/:5 Deputy Clerk Printed Name Approved as to Form and Legal Sufficiency: Alan S.Polackwich,Sr.,County Attorney Approved: an d--)L I. seph A.taird,County Administrator 61- Pagellufll F;\PubflcWorks\ENGINEERINGDIVISIONPROIECFS\12"C5hootingRange-Skeet&TapImprovemnts&Hunters TrainBW&dmim\biddocumentslpgre nt-RF42012024Donadk,and Aesoa.doo 43 EXHIBIT A D O N A D I O &Associates,Architects,P.A. June 27,2013 Mr.Chris Kafer County Engineer Indian River County 180127'Street Vero Beach,Florida 32960-3388 RE: ARCHITECTURAL/ENGINEERING PROPOSAL INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS ARCHITECT'S PROJECT NO.2013.04.1.2 Dear Mr.Kafer, In the content of this letter are Fees for Architectural/Engineering Services for The Indian River County Public Shooting Range Improvements located at 10455 102nd Terrace, Sebastian,FL. The Scope of Project includes the design of-, an Action Pistol Range,a 25-point 300-yd Rifle Range,a Sporting Clays Trail,three combination Skeet and Trap Fields,Four(4),2-story Hi-Lo Trap Houses,Three(3)Trap House, an 800 SF Storage Building,an expanded paved parking lot with 40 parking spaces, an adjacent stabilized golf cart parking lot and the repair of two(2)existing rifle range baffles. The Fee for these Architectural/Engineering Services shall be a Lump Sum and Not to Exceed Fee as follows: Professional Services Fees LUMP SUM FEE ------ -------------------------- -----------------------$77,785.00 NOT TO EXCEED FEE $26,930.00 TOTAL FEE $104,715.00 If you have any questions please feel free to call. Sincerely andion* 1., !www (, Anthony J.Donadio,A.I.A.,NCARB President AJD/bc 609 17d'Street Vero Beach,Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email daa@donadio-arch.com License No.AAOM2238 44 SUMMARY PROSPOSED PROFESSIONAL SERVICES FEES Project Name: IRC Public Shooting Range Improvements IRC Project No.1213 DAA Project No.: 2013-04.1.2 CONSULATANT MANAGEMENT TASK FEES FEE TOTAL FEES A/E SERVICES Architectural $ 18,770.00 $ - $ 18,770.00 Structural Engineering $ 6,570.00 $ $ 6,570.00 MEP Engineering $ 4,880.00 $ $ 4,880.00 Civil Engineering $ 20,010.00 $ 1,000.00 $ 21,010.00 Environmental Engineering $ 10,000.00 $ 500.00 $ 10,500.00 Landscape Architecture $ 3,405.00 $ 300.00 $ 3,705.00 Cost Consultant $ 3,250.00 $ 300.00 $ 3,550.00 TOTAL A/E SERVICES Lump Sum Fees $ 66,885.00 $ 2,100.00 $ 68,985.00 CONSTRUCTION RELATED SEVICES Architectural $ 1,750.00 $ - $ 1,750.00 Structural Engineering $ 750.00 $ - $ 750.00 MEP Engineering $ 910.00 $ $ 910.00 Civil Engineering $ 1,050.00 $ 100.00 $ 1,150.00 Landscape Architecture NTE BIDDING PHASE $ 4,460.00 $ 100.00 $ 4,560.00 Architectural $ 10,260.00 $ - $ 10,260.00 ' Structural Engineering $ 1,580.00 $ _ $ 1,580.00 MEP Engineering $ 1,820.00 $ $ 1,820.00 Civil Engineering $ 2,130.00 $ 200.00 $ 2,330.00 Landscape Architecture $ 1,825.00 $ 150.00 $ 1,975.00 NTE CONSTRUCTION PHASE $ 17,615.00 $ 350.00 $ 17,965.00 Architectural $ 760.00 $ - $ 760.00 Structural Engineering $ - $ - $ - MEP Engineering $ 680.00 $ 50.00 $ 730.00 Civil Engineering $ 840.00 $ 75.00 $ 915.00 Landscape Architecture $ - $ - $ - NTE CLOSEOUT PHASE $ 2,280.00 $ 125.00 $ 2,405.00 TOTAL NTE CONSTRUCTION RELATED SEVICES $ 24,355.00 $ 575.00 $ 24,930.00 MEETINGS&COORDINATION Meetings $ 3,800.00 $ $ 3,800.00 Coordination $ 5,000.00 $ $ 5,000.00 TOTAL MTGS&COORDINATION Lump Sum Fees $ 8,800.00 $ $ 8,800.00 NTE Reimbursables $ 2,000.001 $ $ 2,000.00 TOTAL FEES $ 102,040.00 $ 2,675.00 $ 104,715.00 45 D O N A D I O &Associates,Architects,P.A. REIMBURSABLE FEE ITEM PRINTS 24" X 36" -Bond $2.50 per sheet PRINTS 24" X 36" -Vellum $6.75 per sheet PRINTS 30" X 42" -Bond $3.50 per sheet PRINTS 30"X 42" -Vellum $8.75 per sheet COPIES .25 cents per sheet PHASER PRINTER BLACK&WHITE COPIES .75 cents per sheet PHONE at cost • FACSIMILE $1.00 per sheet CD RW $10.00 each FOAM CORE BOARDS at cost COLOR COPIES 8 '/z X 11 $1.50 per sheet COLOR COPIES I X 17 $3.00 per sheet COLOR COPIES PHASER PRINTER $1.50 cents per sheet RENDERINGS at cost BINDERS at cost UPS at cost Federal Express at-cost o 609 17'h Street Vero Beach,Florida 32960 Phone 772 794 2929 Fax 772 562 8600 •:Yw: License No.AA0002238 tole" 46 Ivnhvk mof,\rtShrcu 46 1 CONSENT: 719/13 g Office of INDIAN RIVER COUNTY 04 ,► 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 C,-IP FROM: Alan S. Polackwich, Sr. - County Attorney DATE: July 1, 2013 RE: Resolutions to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 17, 2013, through and including August 19, 2013, and August 21, 2013, through and including September 9, 2013 The Indian River County Board of County Commissioners has canceled regularly scheduled meetings during the two time frames of July 17, 2013, through and including August 19, 2013, and then again on August 21, 2013, through and including September 9, 2013. During these two intervals, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during these two time intervals. Further, it is necessary and desirable that the Board delegate to the County Administrator, or his designee the authority to execute all other documents necessary for the proper functioning of the County. In Resolution No. 2012-112, the Board delegated the authority to sign any resolution or proclamation of local emergency or state-wide emergency that affects Indian River County, together with any and all emergency orders and other acts required in connection therewith, to the County Administrator, or his designee. Resolution No. 2012-112 remains in full force and effect through December 31, 2013. Additionally, in Resolution No. 2012-113, the Board delegated to the County Administrator or his designee, the authority to sign resolutions on behalf of the Board to call letters of credit which may expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County. Resolution No. 2012-113 also remains in full force and effect through the calendar year 2013. Funding: There is no expense associated with this item. Requested Action: Authorize the Chairman to sign the two Resolutions as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the periods commencing July 17, 2013, through and including August 19, 2013, and also commencing August 21, 2013, through and including September 9, 2013, respectively. a�n Aivar ca App ovtdVI)a Adm!n. _a -���/nhm ��,�Pr,OVisD FOR � Leoal Attachments D,� MEET 1 G`1T AGENDA. au d ge i Dept. 47 0O TY ATTORNEY � RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 17, 2013, THROUGH AND INCLUDING AUGUST 19, 2013, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING JULY 17, 2013, THROUGH AND INCLUDING AUGUST 19, 2013. WHEREAS, at the November 20, 2012 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing July 17, 2013, through and including August 19, 2013; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2012-112 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2012-112 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2012-113, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2012- 113 remains in full force and effect. 48 RESOLUTION NO. 2013- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 17, 2013, through and including August 19, 2013. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 17, 2013, through and including August 19, 2013, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 17, 2013, through and including August 19, 2013, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is July 17, 2013, and this Resolution shall expire without further action of this Board at the close of business on August 19, 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 this 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 Approved as to form and legal sufficiencc- B By County Attorney 2 I 49 RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING AUGUST 21, 2013, THROUGH AND INCLUDING SEPTEMBER 9, 2013, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING AUGUST 21, 2013, THROUGH AND INCLUDING SEPTEMBER 9, 2013. WHEREAS, at the November 20, 2012 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing August 21, 2013, through and including September 9, 2013; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2012-112 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2012-112 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2012-113, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2012-113 remains in full force and effect. 50 RESOLUTION NO. 2013- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing August 21, 2013, through and including September 9; 2013. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing August 21, 2013, through and including September 9, 2013, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing August 21, 2013, through and including September 9, 2013, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is August 21, 2013, and this Resolution shall expire without further action of this Board at the close of business on September 9, 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 this 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 Approved as to form and legal sufficiency By County Attorney 2 51 INDIAN RIVER COUNTY, FLORIDA -r MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Robert M. Keating, AICP; lommuni evelopment Director DATE: July 1, 2013 SUBJECT: Request to Waive Bid Process for Updated Document Management System It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 9, 2013. DESCRIPTION & CONDITIONS For the past 10+years,the Building Division has been scanning all of the documents that it needs to maintain for building projects. Those documents range from letter size submittals such as elevation certificates to full size plan sets. Overall, the scanning process has made document access and retrieval easier and more efficient. The principal components of the scanning system are scanning hardware, scanning software, and computers. Recently,the scanning file server computer,which is a machine shared by Building and Utilities,was approaching its storage capacity. Although some redundant files were removed from the server to increase storage space, that is only a temporary solution. To address the long term storage needs,the County purchased a new file server with a significant amount of storage capacity. While the new file server resolved the data storage issue,it created a new problem. That problem is that the new file server's operating system(Windows 8)is incompatible with the County's scanning software. That software, which is used by both Building and Utilities, must be either upgraded or replaced in order for the new file server to be usable. In this case, the scanning software vendor is OCE. OCE is also the Building Division's scanning hardware vendor. In fact, the OCE scanning software was initially acquired because the Building Division purchased OCE scanning hardware. Although Building and Utilities have used the OCE scanning software for many years,several issues have arisen recently. Besides the software/operating system incompatibility, there has been a responsiveness problem with OCE. Another issue is that the OCE system is proprietary and not open source. FACommunity Development\Users\CDADMIN\AGENDA\2013\Request to Waive Bid Process for Updated Document Management System 070913 BCC.doc 1 52 Because of the OCE issues, the Building Division did not pay the OCE scanning software maintenance fee for the current year. For that reason, the Building Division is not eligible for a software upgrade that could resolve the software/operating system incompatibility. Recently,Clear Village,the Building Division's e-permitting vendor,provided staffwith a quote for a document management system. That proposal is attached to this staff report. ANALYSIS As proposed, the Clear Village document management system will be a web-based, open source application. With that structure, the system will be compatible with the inspection scheduling/posting tablet application that Clear Village created for the Building Division as well as the e-permitting system that Clear Village is currently developing. By providing continuity among the various applications that Clear Village has developed for the Building Division, the Clear Village document management system will provide other benefits. Those benefits include easier access to documents by building inspectors in the field,more efficient indexing of scanned documents, and the ability to allow the public access to documents over the web. In terms of pricing, the Clear Village document management proposal contains two components. The first component involves professional services and consists of installation and configuration, training,and importation of documents. The second component involves annual maintenance fees. In the attached proposal one-time and annual costs are shown for both Building and Utilities. FUNDING For Building,the one-time professional fees total$11,250. About half of that amount($5,500)will be paid from money budgeted in the current year but not spent on OCE software maintenance. The remainder will come from the Building Division's Enterprise Fund fund balance. As to the annual maintenance,that amount($4,800)is less than OCE maintenance which is already budgeted for next fiscal year. For Utilities,the one-time professional fees total$7,350. Currently,there are sufficient funds in the Utilities Other Professional Services(Account 47123539-033190)line item to cover that expense. In terms of annual maintenance, there are sufficient funds in the Computer Software (Account 47123536-035120) line item to cover the expense. Both accounts are in the Utilities Operating Fund. Operating Fund Revenues are derived from water and sewer sales. Like Building,Utilities will have a lower maintenance fee with Clear Village than it currently has with OCE. In the case of Utilities, the annual savings will total $1,839. FACommunity Development\Users\CDADMIN\AGENDA\2013\Request to Waive Bid Process for Updated Document Management System 070913 BCC.doc 2 5 3 RECOMMENDATION Staff recommends that the Board of County Commissioners waive the bid process and approve the attached Clear Village document management proposal. Attachment: 1. Clear Village Document Management Proposal Indian River Approved Date APPROVED AGENDA ITEM: Co, Admin. 7 a 13 FOR: Legal - i Budget �71 Z I3 BY: ' Dept. 1'i Utilities Risk Mgr. r.. FACommunity Development\Users\CDADMIN\AGENDA\2013\Request to Waive Bid Process for Updated Document Management System 070913 BCC.doc 3 54 Clear Village Document Management Proposal eta y"~. t Executive Summary Clear Village is committed to providing the best solutions for local government service delivery. Our technology provides compelling benefits for citizens, the business community, county staff, budgets and the environment. Under this proposal, Clear Village will provide an electronic document management solution for Indian River County. Electronic Document Management Under this proposal, Clear Village will provide an electronic document management system consisting of the following: 1. An application to drive the Building Department's and the Utility Department's Scanner. The application will allow users to remotely initiate document scans. Scanned documents can be categorized and tagged to support searching and retrieval,as well as indicating the confidentiality of a document. 2. A web-based application will be provided to search the electronic document repository and to view electronic documents. The application will be available to authorized users from anywhere with access to Indian River County's network. The application will enforce document confidentiality. 3. An administrative console will be provided to configure document types,tags,and user authorizations. 4. The document management system will be configured to support the Building Department's Document Types, Document Tags, and Confidentiality policies. The Department staff will be configured as users of the system with appropriate authorizations. 5. Additionally, the document management system will be configured to support the Utility Department's Document Types, Document Tags, and Confidentiality policies. The Department staff will be configured as users of the system with appropriate authorizations. 6. The current OCE document management system can be used as an archive for existing electronic documents. There are over 700,000 files in the OCE repository. Clear Village will provide services for the Building Department and the Utilities Department to import the documents and the tags used to search for the documents into the Clear Village document management system. Clear Village will conduct interviews with representatives from each Department to document the types of documents managed and the methods used to search for documents. Clear Village will write an import program that will capture the tags(i.e.the information used by document searches)as well as the electronic documents. The import program will load each Department's documents into the Clear Village Server and will add the appropriate tags to support document searches. The analysis, import program creation,the import process, and the quality assurance for the import process will require 2 to 3 weeks to complete per Department. 7. The Document Management System will be installed on a County computer. A server class machine is recommended. The server will need Microsoft IIS and Microsoft SQL Server. The County is responsible for provisioning the hardware for the Document Management System. 8. The Document Management System works with Clear Village's Citizen Portal and Clear Village's Staff MA Portal used by the Building Department. This provides staff easy access to electronic documents associated with permits, contractor registrations, etc. as the staff performs inspections, and reviews C.9 permit applications. Additionally, electronic documents provided by contractors, businesses, and/or Q Clear Village Inc.—Proprietary and Confidential Offer valid through May 31,2013 55 citizens can be automatically uploaded, classified and tagged. This reduces scanning costs for the County and frees staff time to better serve customers. �• Professional Services & Training Professional services fees are a one-time fee required to implement the Clear Village solution. Our fees include all setup and training required to equip your staff to manage the Clear Village solution on an ongoing basis. In addition, all pricing is fixed fee so that you will never be concerned with the true cost to get your solution up and running. Clear Village will provide the following services to install and configure the document management system: 1. Configure the scanner driver and install the scanning software on computers of the County's choosing. 2. Configure document types,document tags,and confidentiality levels. 3. Configure users and user authorizations. 4. Install the document management server software on the hardware of the County's choosing. Clear Village will provide the following training for County staff: 1. Administrator training covering how to configure the system including management of document types, search tags,confidentiality settings, users, and user authorizations. Administrative training will also cover backup and archiving procedures. 2. Scanning training covering how to use the software to scan documents. The training includes how to use document types,confidentiality settings, and document tags. 3. Document Repository training covers how to search the document repository and view documents in the repository. Clear Village Inc.—Proprietary and Confidential 56 Pricing The fees for the Document Management System include one-time costs to install and configure the system, and to train the staff, and annual charges for the software and its maintenance and support. The one-time fees for professional services and training are as follows: Building Utilities Total Installation and configuration: $3,800 $1,600 $5,400 TraininZ $1,050 $1,050 $2,100 Import Documents $6,400 $4,700 $11,100 Services Total: $11,250 $7,350 $18,600 The Document Management Software is provided on an annual license basis. The license fee includes maintenance and support services. The software costs are as follows: Building Utilities Total Scanning software $1,400 $1,400 $2,800 Document Management Server $2,300 $2,300 Web Document Search & View $1,100 $1,100 $2,200 Annual Software Total: $4,800 $2,500 $7,300 The County agrees to reimburse reasonable travel expenses associated with delivering the implementation and training services. Clear Village Inc.—Proprietary and Confidential 57 RN :.. 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(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: s� 72P\)�a -- 0 L ADDRESS: C�- � PHONE: SUBJECT MATTER FOR DISCUSSION: �� C, a Zvi d Citi s'e�t ► tic IS A PRESENTATION PLANNED? ❑ Y No 144.1 IS BACK-UP BEING PROVIDED? Yes ❑ No IS THIS AN APPEAL OF A DECISION? ❑ Yes WHAT RESOLUTION ARE YOU RE7-1 TING OF THE COMMISSION? �— l/ c-' Ic V � C[� C evn r e VA n 5 Ame �` q a , Cj ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ Yes No WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? N Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR: Fax Joseph A.Baird Mail MEETING DATE: Hand Delivered Phone 58 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION f 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(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: Barbara Hoffman ADDRESS: 73618 1h Street,S.W.,Vero Beach,FI 32962 PHONE: 772-713-0906 SUBJECT MATTER FOR DISCUSSION: Attracting Business IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED a YES NO IS THIS AN APPEAL OF A DECISION YES x NO WHAT RESOLUTION ARE YOU Begin providing more employment for people in the county REQUESTING OF THE COMMISSION. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? Xa YES NO WHAT FUNDS OR ACTIVITIES ARE Possible increase in job grant opportunities to attract new business REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form (I r%1%A-1 E-Mail COUNTY ADMINISTRATOR: Fax Joseph A.Baird Mail MEETING DATE: Hand Delivered ( Phone Document2 Board Approved 11/7/06 59 BOARD OF COUNTY COMMISSIbVSADDITION TO AGENDA JULY 9,2013 AGENDA ITEM: IOCI f NOTICE OF SPECIAL CALL MEETING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a Special Call Meeting for the purpose of conducting a Public Hearing and considering adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MODEL ORDINANCE FOR FLORIDA FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MINOR MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. The Special Call Meeting will be held on Thursday, July 18, 2013 at 9:00 a.m. in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners located on the 2nd floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 24 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS M JOSEPH E. FLESCHER, CHAIRMAN 9. INDIAN RIVER COUNTY, FLORIDA * * BOARD MEMORANDUM Date: June 28,2013 CONSENT 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 X# Subject: Approval of Work Order No.4 Final Payment to Kimley-Horn and Associates,Inc.for Engineering Services to Assist in Design of the PC South Algal Turf Scrubber System at 1225 5'`Street S.W.—UCP No.4086 BACKGROUND AND ANALYSIS: On September 18, 2012 the Board of County Commission (BCC) approved Work Order No. 4 with Kimley Horn and Associates,Inc. (KHA)to design portions of the PC South ATS Site and the pipeline supplying stormwater from the South Relief Canal in the amountiof$94,700.00. On December 18, 2012 the BCC approved Amendment No. 1 to Work Order No. 4 for additional design services to assist in some of the ancillary bridge crossing and site plan design for an additional $40,800.00. The total approved contract amount for Work Order No. 4 to date is $135,500.00. All design services associated with Work Order No. 4 has been completed. Both the ATS Site and the Stormwater Piping Project have been bid, and the County is reviewing bids to recommend awarding the contracts to the most responsive and responsible contractors. KHA has been paid $134,684.00 to date for 99.4%of Work Order No. 4, including Amendment No. 1. Final payment in the amount of$816.00 will complete the design services associated with, and the County's obligation for Work Order No.4,including Amendment No. 1. FUNDING: Funding for the South County Algal Turf Scrubber Stormwater Collection and Brine Conveyance Project Account is available in the Utilities fund Account Number 471-169000-12502. Funds for this project are derived from the Operating Fund. Operating fund revenues are derived from water and sewer revenues. ACCOUNT NO.: Description Account Number Amount Work Order No.4 with KHA for Design of the 471-169000-12502 $816.00 South County Brine Disposal RECOMMENDATION: It is Staff s recommendation that the Board of County Commissioners approve final payment in the amount of$816.00 for Work Order No. 4, including Amendment No. 1 with KHA . 60 Page-2— CONSENT AGENDA ITEM F:\Utilities\UTILITY-Engineering\WTP-South RO\Connect S Co RO to COVB Inj Well-UCP 3059\PC South Project\27th Ave Stormwater Pipe\Agenda-Approval of Work Order No.4 Final Pay to KHA.doc ATTACHMENT(s): 1. Invoice in the amount of$816.00 from KHA for Final Payment for Work Order No. 4, including Amendment No. 1 (1 Page) APPROVED FOR AGENDA: Indian River Co. Approved Date By. Administrations oseph . Baird, County Administrator Utilities 1 FO 9 ® Utilities Finance ►3 Budget Date 7 1j Legal L G 61 C®� Kimley-Horn and Associates, Inc. Invoice •r Professional INDIAN RIVER COUNTY UTILITIES DEPT."^:« Invoice No: 5208935 MIKE HOTCHKISS Invoice Date: May 31, 2013 1840 25TH STREET i Invoice Amount: $816.00 VERO BEACH, FL 32960 Project No: 044572024.1 Project Name: ATS ADDITIONAL PERMITTING L =.:-• -- �- = Project Manager: HOWARD, FANNIE Please send payments to: KIMLEY-HORN AND ASSOCIATES, INC. Client Reference: 11/15/11 CONTRACT P.O. BOX 932520 WO #4 AMEND #1 ATLANTA, GA 31193-2520 For Services Rendered through May 31, 2013 Federal Tax Id: 56-0885615 LUMP SUM i369,000-00 i35,280.00 Amount Current Amount Description Contract Value Completeed Due [ERP FWDC PERMITTING 4,800.00 100.00% 4,704.00 96.00 PERMITTING 36,000.00 100.00% 720.00 Subtotal 40,800.00 100-000/0 40,800.00 39,984.00 �816.00 Total LUMP SUM Total Invoice: $816.00 Indian River Co. Approved Date Director Asst.Director Engineer Other 7)-%Z,f6W j0Sc-2... Q iL..-..----. ----- ni aca mall m;4r;P Crozierat561-840-0288. �irla� ATTORNEY'S MATTERS: 7/9113 Office of TIME CERTAIN: 10:30 a.m. INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr"County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners 1 11-3 C FROM: Alan S. Polackwich, Sr. - Countyney DATE: July 1, 2013 SUBJECT: 10:30 a.m. Attorney-Client Session: Indian River County v. Turner Construction Company, et al., Nineteenth Judicial Circuit, Case No. 312011 CA002999 I request advice from the County Commission regarding settlement negotiations and strategy relating to litigation expenses with regard to the case styled Indian River County v. Turner Construction Company, et al., in the Nineteenth Judicial Circuit, Case No. 312011 CA002999. Prior to going into private session, Florida Statute 286.011(8) requires the Chairman to read the following statement: "This is the commencement of the attorney-client session. The estimated time of the closed attorney-client session is 30 minutes. Present at the meeting will be Commissioners Wesley S. Davis (Vice Chairman), Tim Zorc, Peter D. O'Bryan, Bob Solari and me, Joseph E. Flescher (Chairman). Also present will be County Attorney Alan S. Polackwich, Sr., County Administrator Joseph Baird, and a certified court reporter. At the conclusion of the closed attorney-client session this public meeting will be reopened." After the attorney-client session the Chairman is required by statute to state the following: "The public meeting is hereby reopened, and the attorney- client session is now terminated." ---�A roved Date ® nhm 1,Ir,ai�r, River a GD Admin. �1 L.eaal c "PI✓ROVED FOR e�daet B.O..ECTI REGULAR AGENDA ' Deft. G d NTT ATTORNEY Rise. -Mgr. 6 3 SCRIPPS TREASURE COAST 7 9' 3 PP-- OR NEWSPAPERS RECEIVED Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 JUL 0 8 2013 SCRIPPS AFFIDAVIT OF PUBLICATION COUNTY FTTORNEY'S CE STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO ATTORNEY 2531027 7/3/2013 PUBLIC NOTICE ATTY-CLI ENT ROOF NEWSPAPER eet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Sworn t and subscribed b re me this day of, July 03, 2013, by , who is ORIGINAL Sherri Cipriani [X] personally known to me or [ ] who has pro faced as identification. � a Mary T. Byrne Notary Public MARY T BYRNE Notary Public-State of Florida + a My Comm.Expires Aug 2,2014 Commission#EE 71134 63-1 TCPALM.COM CLASSIFIED IR WEDNESDAY, JULY 3, 2013 - SCRIPP NOYiCN , NOTtCF i NOTtC PUBLIC NOTICE Pub:July 3 2013 ACCORDING TO THE claim within 60 days 33442 entitled,at no cost TCN2531027 PLAT THEREOF ON after the sale. Telephone: you, to the provisi PUBLIC NOTICE The Board of County FILE IN THE OFFICE (954)354-3544 of certain assistan STATE OF FLORIDA Commissioners of OF THE CLERK OF Eitan Gontovnik Facsimile: Please contact Cor Indian River County, T H E C I R C U I T FBN:0086793 (954)354-3545 Johnson, ADA Co, DEPARTMENT OF ENVIRONMENTAL Florida provides no- COURT.IN AND FOR for 0719-36895 NOS dinator, 250 N PROTECTICONSOLIDATED NOTION OF INTENT tics of an attorney- INDIAN RIVER Angela Brenwalt,Esq. IN ACCORDANCE Country Club Drip client sessionregard- COUNTY, FLORIDA Associate Attorney WITH THE AMERI- Suite 217, Port 1 TO ISSUE PERMIT,AND AUTHORIZATION ing the following IN THE CIRCUIT RECORDED IN PLAT Fla Bar No.:92280 CANS WITH DISA Lucie, FL 3498 TO USE SOVEREIGN SUBMERGED LANDS pending litigation: COURT OF THE JUDICIAL CIRCUIT BOOK 11, PAGE 84, McCalla Raymer,LLC BILITIES ACT, If you (77 2) 807-4370 Indian River County SAID LANDS SITU- Attorney for Plaintiff are a Person with a least 7 days befc The Department of Environmental Protec- v. Turner Construc- IN AND FOR ATE, LYING AND BE- 225 E.Robinson St. disability who needs your scheduled co, tion gives notice of its intent to issue a tion Company, at al., INDIAN RIVER INGAN INDIAN RIVER Suite 660 any accommodation appearance, or i joint coastal permit (File No. 0270746-006- pending in the Cir- COUNTY,FLORIDA COUNTY,FLORIDA. Orlando,FL 32801 in order to partici- mediately upon r JC-JC) and grant a letter of consent and cuit Court of the CIVIL ACTION A/K/A 1430 16th Ct Phone:(407)674-1850 pate in this proceed- ceiving this notift easement to use sovereign submerged Nineteenth Judicial CASE NO SW,Veto Beach,,FL Fax:(321)248-0420 ing, you are entitled, tion if the time t lands to the Sebastian Inlet Tax District, to Circuit, Case No. 31-2013-CA-000591 32962-6245 Email:MRService@ at no cost to you, to fore the schedul deepen the existing sand trap and conduct 312011CA002999 at DIVISION: has been filed against mccallaraymer.com the provision of cer- appearance is Is periodic maintenance dredging of Sebas- 10:30 a.m. on Tues- you and you are re- . Fla Bar No.:92280 t a i n assistance. than 7 days; if y. tian Inlet channel and sand trap. Dredged da Jul 9, 2013. PNC BANK, NATION- material that is beach-compatible will be y' y of yo to serve a copy Notice t NOS Please contact Corrie are hearing or 1vol . AL ASSOCIATION, P The subject matter of of your written de- Notice to Persons Johnson, ADA Coor- impaired,call 711. placed on the downdrift beach, unless the meeting will be SUCCESSOR BY ,fenses,within30days with Disabilities: If dinator, 2$0 NW Pub:July 3,10,2013 there is insufficient capacity in the approv- ' settlement ne otia- MERGER TO NA- on or before JULY 29, ed fill template, in which case it will be g you are a person Country Club DfISt. TCN2531fi TIONAL CITY BANK, P tions and strategy 2013, after the first with a disability who Suite 217, Port St. temporarily stored in the Sebastian Inlet relating to litigation SUCCESSOR BY publication, if any,on needs any accommo- Lucie, Fl. 34986, IN THE CIRCUIT upland Dredged Material Management •expenses. The sea- MERGER TO HAR- Albertelli Law, Plain- dation in order to (772) 807-4370 at COURT OF THE Area (DMMA) until beach placement is sion will commence BOR FEDERAL SAV- tiffs attorney, whose participate in this least 7 days before NINETEENTH possible. Non-beach-compatible dredged at an open meeting INGS BANK, FOR- address is P.O. Box g, you are your scheduled court JUDICIAL CIRCUIT p g proceeding,a IN AND FOR INDIAI material will be placed in the DMMA, in the Count Com- MERLY KNOWN AS 23028, Tampa, FL entitled,at no cost to appearance, Y ptelyu or ire- RIVER COUNTY, Where it may be processed to make it mission Chambers HARBOR FEDERAL 33623, and file the you, to the provision mediately upon re- beach-compatible,.or disposed of in an up- located on the first SAVINGS AND LOAN. original with this Court of certain assistance. ceivin? this notifica. FLORIDA land site. floor of Building A of ASSOCIATION either before service Please contact Corrie tion if the time be- CIVIL ACTION The beach lacemant site is located south Plaintiff, CASE Ni P the County Adminis- on Plaintiffs attorney, Johnson, ADA Coor- fore the scheduled of Sebastian Inlet, and extends for 2.5 tration Complex, vs 31-2011-CA-0014 UCILENE or immediately there- dinator, 250 NW appearance is less miles along Sebastian Inlet State Park and 1801 27th Street, LD. PAIVA after;otherwise,a de- Country Club Drive, than 7 days; If you DIVISIO -0014 unincorporated Ambersand Beach, be- Vero Beach, Florida; SANTOS,,at al, fault will be entered Suite 217, Port.St. are hearing or voice tween FDEP reference monuments R 3.5 will continue at a Defendant(s)• against you for the re- Lucie, FL 34986, impaired,call 711. DEUTSCHE BANK N and R 17, in Indian River County, The Se- closed meeting in lief demanded in the (772) 807-4370 at Pub: June 26, July 3, TIONAL TRUE bastian Inlet DMMA is located in the up- the County Commis- NOTICE OF ACTION Complaint or petition. least 7 days before 2013 C 0 M P A N Y, A land,.immediately north of the inlet, in sioners' Conference your scheduled court TCN2529727 TRUSTEE OF TF Brevard County. The Sebastian Inlet Sand Room located on the To: Leri M. Santos, Jr Witness my hand and appearance, or im- HOME EQUIT Trap is located approximately 3000 feet second floor of AKA Leri Marques the seal of this court mediate) upon re- IN THE CIRCUIT MORTGAGE LOA Santos, Jr. y p COURT OF THE ASSET-BACKE landward of the Atlantic Ocean, within Se- Building A of the on this 18 day of June, ceiving this notifica- bastian Inlet, which connects the Atlantic County Administra- Last Known Address: 2013. tion if the time be- NINETEENTH TRUST SERIES Ii Ocean to the Indian River Lagoon, on the tion Complex and 1430 16th Ct SW, J.R.SMITH fore the scheduled . JUDICIAL CIRCUIT ABS 2005-D, H05 bounds between Brevard County and In- Vero Beach, F L IN AND FOR INDIAN EQUITY MORTGA( boundary tY will terminate at an Clerk of Circuit Court appearance is less dian River Count Both the Sebastian In- 32962-6245 RIVER COUNTY, LOAN A S'S E' Y .open meeting in the By:!s/Jennifer Pryor than 7 days; if you let sand trap and channel are within the In- County Commission Current Ad-dress: Depputy Clerk are hearing or voice FLORIDA BACKED CERTIF than River-Malabar to Vero Beach Aquatic Chambers. The esti- Unknown 015057FOl NOA impaired,call 711. CASE NO. CATES, SERIES I Preserve, Outstanding Florida Waters, mated time of the at. Requests for Accom- Pub: June 26, July 3, 312013CA000105 ABS 2005-D UNDI Class II Waters (conditionally restricted for torney-client session ANY AND ALL UN- modations by Persons 2013 THE POOLING AN shellfish harvesting). is thirty (30) minutes. KNOWN PARTIES with Disabilities.lfyou TCN2529773 SEACOAST NATION- SERVICING AGRE A person whose substantial interests are af- Present at the meet. CLAIM I N G B Y, are a person with a A L BANK, F/K/A 2005 DATED DEC fected by the Department's action may pe- ing will be Commis- THROUGH, UNDER, disability who needs IN THE CIRCUIT FIRST NATIONAL 2005, tition for an administrative hearing in sioners Joseph E. AND AGAINST THE any accommodation in COURT OF THE BANK AND TRUST Plaintiff, HEREIN NAMED IN- NINETEENTH COMPANY OF THE vs. accordance with sections 120.569 and Fle Wesley (Chairman), order to participate in MARK BRETTON, 120.57, Florida Statutes (F.S.L The petition DIVIOUAL DEFEN- JUDICIAL CIRCUIT TREASURE COAST, p Wesley. m Davis this proceeding, you IN AND FOR INDIAN Plaintiff, must contain the information set forth be- DANT(S) WHO ARE al, (Vice Chairman), Tim are entitled,at no cost low and must be filed(received by the Zorc, Peter D. 0'- NOT KNOWN TO BE to you,to the provision RIVER COUNTY, vs.FLORIDA RENEE A. LAN- Defendant(s). clerk) in the Office of General Counsel of Bryan, and Bob So- DEAD OR ALIVE, of certain assistance. CIVIL DIVISION GLOIS,et al., the Department at 3900 Commonwealth Iari..Also present will WHETHER SAID UN- Please contact Court NOTICE OF SALE KNOWN PARTIES Case No.: Defendants. PURSUANT TO Boulevard, Mail Station 35, Tallahassee, be County Attorney Administration, 250 MAY 31-2012-CA-000689 NOTICE OF CHAPTER 45 Florida 32399-3000. Alan S. Polackwich, NE Country Club Because the administrative hearing process Sr., County Adminis- TERES.TAS Drive, Suite 217, Port NOTICE IS HEREE SPOUSES, HEIRS, GMAC MORTGAGE, FORECLOSURE SALE is designed to redetermine final agency ac- Baird, Joseph A. St. Lucie, FL, t least LLC (successor b GIVEN Pursuant to tion on the application,the filing of a pati- Baird, and a certified DEVISEES, GRANT- 772.807-4370 at least y EES, OR OTHER merger to GMAC NOTICE IS HEREBY Final Judgment tion for an administrative hearing may re- court reporter. 7 days before your Mort g sult in a modification of the ermit or even CLAIMANTS gage Corpora- GIVEN that pursuant Foreclosure dat( P scheduled court ap- tion a denial of thea application. Under rule 62- Last Known Address: ) to a Final Judgment Januar 11th, 201 PP INDIAN RIVER pearance, or immedi- Y 110.106(4), Florida Administrative Code, a COUNTY BOARD OF Unknown ately upon receiving Plaintiff, of Foreclosure dated and entered in Ca: Current Address: v April 5,2013,and Or- person whose substantial interests are af- COUNTY this notification if the 001 0 of the fected by the Department's action may COMMISSIONERS Unknown time before the sched- ROBERT A. PIERCE; der dated June 1 n Court of the Nin q JOSEPH E, uled appearance is ef.ncl 2013, entered in also request an extension of time to file a Court of the Nin petition for an administrative hearing. The FLESCHER YOU ARE NOTIFIED less than 7 days if you Defendants, Case No. 2013-CA- teenth Judicial Ci that an action to fore- 105 in the Circuit cult in and for Indic Department may, for good cause shown, CHAIRMAN are hearing or voice rant the request for an extension of time. mortgage on NOTICE OF Court of the 19th River County, Florir Requests q impaired,call 711. tY Requests for extension of time must be wing property Pub: June 26, July 3, FORECLOSURE SALE Judicial Circuit in in which Deutsct filed with the Office of General Counsel of n River Coun- 2013 and for Indian River Bank National Tru the'De Department at 3900 Commonwealth a: NOTICE IS HEREBY County, Florida Company, as Trust p BLOCK C, TCN2529354 GIVEN pursuant to a wherein Seacoast Boulevard, Mail Station 35, Tallahassee of the Home Equi Florida 32399-3000, before the applicable ODD ES- Final Judgment dat- National Bank is Mortgage Loan A deadline. A timely request for extension NOTICE OFACTE7 T T A T E S S / D , g . ed June 6, 2013 en- Plaintiff, and Renee set-Backed Trust S of time shall toll the running of the time tered in Civil Case A. Langlois and Jef- ries ]NABS 2005-1 period for filing a petition until the request IN THE CIRCUIT COURT OF THE No.: 31=2012-CA- frey M. Langlois, are Home Equity Mor is acted upon. If a request is filed late,the NINETEENTH JUDICIAL CIRCUIT IN AND "`"" 000689, of the Circuit the Defendants, the gage Loan Asse Department may still grant it upon a mo- FOR INDIAN RIVER COUNTY,FLORIDA IN THE CIRCUIT Court of the Nine- Clerk of the Court Backed Certificate tion by the requesting party showing thatCIVIL DIVISION COURT OF THE teenth Judicial Cir- will sell to the high- Series (NABS 2005 the failure to file a request for an extension CASE NO.:31-2012-CA-000456 NINETEENTH cult in and for Indian est and best bidder Under the Poolir of time before the deadline was the result DIVISION: JUDICIAL CIRCUIT River County, Flori- for cash by electronic and Servicing Agra of excusable neglect. OF FLORIDA da, wherein GMAC sale at https://www.- ment dated Dec In the event that a timely and sufficient pe-. BANK OF AMERICA,N.A. IN AND FOR MORTGAGE, LLC Indian-river.realfor- 2005, is the Plaint tition for an administrative hearing is filed, Plaintiff, INDIAN RIVER (successor by merg- eclose.com begin- and Mark Bretton other persons whose substantial interests V. COUNTY ' er to GMAC Mort- ning at 10:00 am on Rell Bretton,,are d will be affected by the outcome of the ad- LISA A. SULLIVAN; UNKNOWN SPOUSE GENERAL gage Corporation), is the 22nd day of July, fondants,I will sell ministrative process have the right to peti- OF LISA A.SULLIVAN; PNC BANK, NA- JURISDICTION Plaintiff,.and ROB 2013, the following the highest and be tion to intervene in the proceeding. Any TIONAL ASSOCIATION, SUCCESSOR BY DIVISION ERT A PIERCE; described property, bidder for cash in/c intervention will be only at the discretion MERGER TO NATIONAL CITY BANK;.UN- CASE NO. KATHY PIERCE; Indian River County, https://www.indiat of the presiding judge upon the filing of a KNOWN TENANT#1; UNKNOWN TENANT 2011-CA-001610 UNKNOWN TENANT Florida:. river.realforeclose.c motion in compliance with rule 28- #2; ALL OTHER' UNKNOWN PARTIES #1; UNKNOWN TEN- The North one acre of r, ... _ N O _„_- m , Indian Rlvr Attorney's Matters 7/9/13 ° Office of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorney P DATE: June 26, 2013 SUBJECT: New Proposed County Attorney Contract Form On June 4, 2013, the Board of County Commissioners approved a contract hiring Dylan Reingold as the new County Attorney. During the discussion, County Attorney Polackwich advised the Board that, in his opinion, the form of the County Attorney contract needed to be rewritten; that it had been revised so many times over the years that it no longer read as a professionally prepared, internally consistent document. The Board directed Mr.Polackwich to prepare and present a revised contract form. Before discussing the revised form, it is noted that the current transition from one County Attorney to another presents a perfect opportunity for the Board to consider a revised form. When Mr. Polackwich first began employment, in the interest of simplifying the contract process, he accepted the proposed contract form with few changes. With each renewal, he maintained the same contract form. Although he believed that the form needed to be rewritten, he hesitated to raise the issue because of the obvious conflict involved in rewriting his own contract. Now that Mr. Polackwich is leaving, it is the perfect opportunity for him to rewrite the contract, without any personal stake in the new contract form. As stated at the June 4, 2013 meeting, the intent of the undertaking was to improve the form, while maintaining the same substantive terms and conditions. That has been accomplished in the new proposed contract form, with four minor additions or changes. In short, Mr. Polackwich, removed from any personal interest in the matter, prepared the contract form as he would have if hired by the Board of County Commissioners as an outside, private attorney to prepare a new contract form. With that said, the additions or changes are: Indian River Co. Approved Date 3 Admin. — 4 APPROVED FOR U�AR AGENDA Co.Atty. •26 i 3 MEET! Budget �7 _- -- Dept. .2 3 COU TY 7pRNEY. Risk Mgr. 64 MEMORANDUM June 26,2013 Page 2 ( • The current contract form provides that the County Attorney's salary shall be increased by any cost-of-living increases granted to other county employees. This language was changed slightly in section 5 to state that the increase will not take effect earlier than six months after the initial commencement date or a subsequent anniversary date of the County Attorney's contract. This was done to avoid the situation where the Board and the County Attorney agree° on an initial or renewal year salary, and other county employees receive an increase shortly thereafter. Without the change, the County Attorney's salary would automatically increase shortly after it had just been agreed upon. With the change, it would not increase for at least six months. • The current contract form is silent with respect to the process for annual renewal. The new proposed form states in section 7 that the County Attorney will bring his/her contract to the BCC for renewal no later than 30 days prior to the expiration of the then-existing term. • The current contract form contains a mixture of discipline and termination for cause provisions in sections 3 and 8. These were combined and simplified in section 8 of the new proposed form. New Section 8 also recognizes that in a contract which (a) may be terminated by either party for any reason upon 30 days notice, and (b) does not provide severance or other termination benefits, the concept of termination for cause does not carry the same significance as it might in other contracts where longer notice periods and severance/termination benefits are at stake. The new proposed form allows for immediate termination for cause, with the right to an appeal hearing before the BCC if the County Attorney disagrees. However, if the County Attorney requests an appeal hearing and prevails, the only consequence is that he/she will be paid for the 30 day period that would have been required in a termination without cause. • Additional "standard" contract provisions were added in sections 10 through 16. Mr. Polackwich has reviewed the new proposed contract form with the new County Attorney Reingold, and Mr. Reingold is agreeable to the changes. Copies of the new proposed contract form, as well as the current contract form (for comparison) are attached. RECOMMENDATION County Attorney Polackwich recommends that the Board review and approve the new proposed contract form, and that the Board and new County Attorney Reingold adopt and sign the new contract form in place of the existing contract approved on June 4, 2013. ATTACHMENTS New Proposed County Attorney Employment Agreement Existing County Attorney Employment Agreement 65 COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of , 201by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("Board of County Commissioners") and ("County Attorney"). WHEREAS, the Board of County Commissioners desires to employ the County Attorney, and the County Attorney desires to accept such employment, as the County Attorney for Indian River County, Florida ("County"), in accordance with the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration,the parties agree, as follows: 1. Recitals. The above recital is true and correct, and is incorporated herein. 2. Employment. The Board of County Commissioners hereby employs the County Attorney, and the County Attorney hereby accepts such employment, as the County Attorney for Indian River County, Florida, for an initial term of one year commencing , 201_("Commencement Date"). Such employment shall be full-time and exclusive; the County Attorney shall not perform compensated legal work for any other person or entity, without the approval of the Board of County Commissioners. 3. Duties. The County Attorney shall report directly to, and shall be under the direction of, the Board of County Commissioners, which shall determine the specific duties and matters to be undertaken by the County Attorney. The primary duty of the County Attorney shall be to provide legal advice and support to the Board of County Commissioners. In addition, the County Attorney shall (a)provide legal advice and support to the County Administrator, and the administrative departments of the County, (b) provide legal advice and support to the other commissions, boards, councils and committees of the County, (c) manage the County Attorney's Office to ensure that resources of the office are applied efficiently and responsibly, (d) prepare an annual budget for the County Attorney's Office, and (e) hire, promote, demote or dismiss all employees of the County Attorney's Office in accordance with the personnel rules of the County or, if applicable, the employee's contract or the provisions of the Code of Indian River County. All legal advice and support shall be provided in a professional,competent and timely manner. 4. Ethical and Legal Standards of Conduct. The County Attorney shall comply with(a) the Rules Regulating the Florida Bar, including, without limitation, the Rules of Professional Conduct, (b) generally accepted ethical standards for the practice of law, and (c) all other applicable federal, state and local laws, rules or regulations applicable to the practice of law. In addition, the County Attorney shall comply with all federal, state and local criminal laws, and shall refrain from committing any act which, in the sole opinion of the Board of County Commissioners, adversely reflects on the County or its reputation,is contrary to the best interests 1 66 of the County, or would be the basis for employee discipline under AM 801.1 of the the Administrative Policy Manual ("Behavior of Employees"). The County Attorney shall notify the Board of County Commissioners within three days of being formally charged by law enforcement, the State Attorney,the Florida Bar, or any other such entity, with conduct violating the rules, standards or laws set forth above. 5. Salary. The County Attorney shall be paid an annual salary of $ , payable in 26 bi-weekly payments of $ , adjusted for required deductions. The County Attorney's salary shall be increased by any general or cost-of-living increases granted to other full-time, non-contract employees of the County; provided, however, that such increase shall not take effect earlier than six months after the Commencement Date, for increases occurring during the initial term, or earlier than six months after the annual anniversary date, for increases occurring during a renewal term. 6. Benefits. Except as modified herein, the County Attorney shall receive the same benefits as are available to full-time, non-contract employees of the County. In addition, (a) the County Attorney shall receive fifteen days of vacation annually, calculated from the Commencement Date or the annual anniversary date of employment; provided, however, that if the County Attorney's employment terminates for any reason at a time when the County Attorney has taken more vacation days than have accrued at the rate of 9.375 hours per month, the County Attorney shall reimburse the County for the overused vacation days, which amount may be deducted from the County Attorney's final paycheck(s), (b)the County shall pay a car allowance in the standard amount for senior County employees receiving a car allowance, (c) the County shall pay for the cost of Continuing Legal Education necessary for the County Attorney to maintain good standing in the Florida Bar, or to maintain legal specialty certification(s), or otherwise as determined necessary and appropriate by the County Attorney to perform the duties set forth herein. The cost of Continuing Legal Education shall include travel, lodging and expenses, in accordance with §112.061, Florida Statutes, (d)the County shall pay the County Attorney's Florida Bar dues (including section fees), Indian River County Bar Association dues, and Florida Bar certification or recertification fees, and(e) the County Attorney shall be included in the "Senior Management Service Class"of the Florida Retirement System. 7. Renewal. This Agreement is not a continuing contract and shall not automatically renew upon expiration of the initial or any subsequent term; rather, this Agreement shall only be renewed by execution of a renewal agreement by both parties. Each year, the County Attorney shall schedule the renewal of his/her employment agreement as an item for consideration by the Board of County Commissioners at a meeting to be held no later than 30 days prior to expiration of the then-existing term of the agreement. 8. Termination. A. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Upon termination, expiration or non-renewal of this Agreement for any reason, the County shall not be obligated to pay, and the County Attorney waives any right to receive payment for, any unused, accrued vacation or sick time, any severance payment, any health insurance premiums, or any other form of payments, other than payment of salary through 2 67 the final day of employment; provided, however, that this subsection shall not be construed to deprive the County Attorney of any earned benefits under the Florida Retirement System, or (W similar deferred income or retirement programs. B. Notwithstanding the requirement of 30 days written notice set forth above, the Board of County Commissioners may terminate the County Attorney's employment immediately, upon a finding by the Board of County Commissioners of good cause. For the purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in the performance of any duties set forth in section 3 above, or repeated failure to perform such duties in a professional, competent or timely manner, or (c) reasonable cause to believe that the County Attorney has violated the terms and conditions of this Agreement, including, without limitation, the ethical and legal standards of conduct set forth in section 4 above. C. In the event that the Board of County Commissioners terminates the County Attorney for good cause, the County Attorney shall have the right to request a hearing before the Board, which shall be held as soon as reasonably possible. The County Attorney shall exercise such right by delivering written notice requesting a hearing to the Chairman of the Board, within five business days of the Board's decision to terminate for good cause. In the event that the County Attorney prevails in such hearing, the Board's decision to terminate for good cause shall automatically be deemed to have been a 30 day notice of termination pursuant to subsection 7A above, and the County Attorney's sole remedy under this Agreement shall be payment of unpaid salary and benefits for the 30 day period following the Board's decision to terminate for good IL cause. D. Nothing in this section 7 shall be interpreted to prevent the Board of County Commissioners from imposing any other form of discipline short of termination, such as probation, suspension(with or without pay), etc. 9. No Property Rights. The County Attorney shall not acquire any property rights in employment or continued employment as a result of this Agreement, but shall obtain only those contractual rights described herein. 10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 3 68 13. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian River County,Florida. 14. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON-JURY TRIAL. 15. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by the County Attorney and the Board of County Commissioners. 16. Entire Aereement. This written Agreement constitutes the complete and final agreement of the parties. No prior or contemporaneous statements of the parties shall be binding or effective, unless set forth herein. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA By. Joseph E. Flescher, Chairman Approved: Date Approved by BCC: County Administrator 4 69 EMPLOYMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND DYLAN T.REINGOLD THIS AGREEMENT made and entered into as of June 4., 2013 by and between the Board of County Commissioners of Iridian River County; Florida, a political subdivision of the State of Florida, hereinafter called "County" and Dylan T. Reingold, hereinafter called "County Attorney," for employment commencing July 1,2013. WITNESSETH: WHEREAS, Indian River County desires to employ the. services of Dylan T. Reingold as County Attorney, and WHEREAS, Dylan T. Reingold desires to accept.employment as Indian River County Attorney, and WHEREAS, the State of Florida.has developed a Senior Management Class within the Florida Retirement System,and WHEREAS, the County Attorney has been designated a member of the Senior Management Class, and WHEREAS,designated membership in the,Senior Management Class requires that: 1) employees serve at the pleasure-of their OpVtoyer,.and 2) employees may not have a continuing cortraci;and WHEREAS, the County Attorney, as a County Officer works directly for the Board of County Commissioners, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. COUNTY ATTORNEY'S DUTIES. In consideration of County Attorney's employment by the County, County Attorney shall devote full time and attention to the practice of law on behalf of.Indian River County and shall not undertake any compensated outside legal work,unless otherwdse authorized by the County. County Attorney's law practice on behalf of the County shall be under the direction of the Board of County Commissioners of Indian River County, who shall determine the.matters to be assigned to County Attorney, the specific, duties to be perfumed by County Attorney, and reasonable standards of performance to be maintained. C1VurrDimR{DYcoMtierosofiltlndow�TrnWora7lmemu FiftfiCanriu.OwlaoAK'IbiQ3FVJX�F�gl�iminrApitlMFnt Rot3.11ldot Page-1 of 4 70 SECTION 2. GENERAL POWERS OF THE COUNTY Subject to the Rules of Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws, regulations, and rules of court, the County shall have the power to, review all work performed; to determine the time and.manner of the performance of all work, and to. determine standards of performance, all of which shall be reasonable. SECTION 3. ETHICS,UNLAWFUL CONDUCT,AND ARRESTS A. County Attorney shall abide by and perform all assigned duties in accordance with the ethic-:s.of the legal profession and all federal, state, and county laws; regulations and ordinances regulating the practice of law. B. County Attorney shall immediately notify the County Commission within'3 days of contact when information has been filed by a prosecuting official against him/her, when indicted by a, Grand Jury,, or when arrested, for any offense or violation of law; or if any disciplinary action is imposed by the Supreme Court of Florida including, but not limited to, probation, suspension,. or disbarment. The Commission shall determine if it is in the best interests of the County to: L Retain County Attorney in his/her regular position pending court disposition;and/or 2: Place County Attorney on leave with or without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial..action;.and/or 3 Initiate disciplinary action up to and including termination. In the event.-that. County Attorney is retained pending the resolution of the charges; and pleads.nolo contendere or.guilty, or is found.guilty of any job related offense.or any off..ense that would adversely impact.the County or the employment status of the Officer,. or which would tend'to affect:the Officer's relationship to the job or fellow workers,or negatively reflect on the reputation of County government, County Attorney may be terminated from employment, without severance or compensation per Section 9. Severance of this agreement. SECTION 4.ANNUAL COMPENSATION For all services rendered County Attorney shall be paid a salary (base pay) of One Hundred. and Forty Thousand Dollars ($140,000.00) annually, payable in 26 lei-weekly installmetiis of$5,a$4:62, as adjusted for necessary deductions. County Attorney's salary, shall be increased by any cost-of-living increases granted other County employees and with the same effective date. Salary increases per.Section 7. Terms shall be adjusted as of the cominence"ment. date of this Agreement, unless otherwise authorized.by the County. In addition.to salary, County CWttt •WtRNDDDnaVomhNiuotofANinJowNtmpororr lmi++fr7 FIrrCoNeru.Dartpal�lMQ3ly1XTE.ryolgwunlAgrremtnt 13013-llA�r' Page 2 of 4 71 Attorney's compensation includes a car allowance in the standard amount for senior County employees receiving a car allowance. SECTION 5. ADDITIONAL BENEFITS County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual. These rights and benefits are available to County Attorney on the same terms and conditions that. they are avail.ANe to a full-time, regular non- contract employee; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual. County Attorney shall receive: fifteen days of vacation leave annually, available beginning on the employment anniversary date each year. In the event that County Attorney's employment with County terminates for.any reason at a time when County Attorney has taken more vacation .days than have accrued at.the rate of 9.375 hours per month, County Attorney shall reimburse"County for the overused vacation days, which amount County may deduct from County Attorney's final paycheck(s). Vacation leave shall not accrue above the maximum allowed by the County'Administrative Policy Manual. In addition, Continuing Legal Education as necessary to maintain certifications and Rar membership, and additional Continuing Legal Education deemed relevant or appropriate by County Attorney will be paid by County. The term "Continuing Legal Education" includes travel, lodging, and per diem expenses. County shall pay County Attorney's Florida.Bar dues,Florida Bar section fees, board certification or recertification fees, and,local bar association dues.. County Attorney is included in the"Senior Management Service Class"of the Florida Retirement System.. SECTION.f. CONTRACT The County Attorney acquires no-property rights in employment but has only contractual rights set forth or incorporated by reference in this employiment agreement. SECTION 7. TERM This employment contract is for one year froth the.commencement date written above. The Contract is not continuing in hature. .and must be renewed on.aii annual basis. Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties, except that Section 4. Annual Compensation maybe increased: County,shall provide County Attorney at least 30 days' written notice in the event..of non:renewal. SECTION.g. TERMXIVAT)i01 A. This contract may be terminated at will by :the County or by County Attorney upon 30 days' written notice given to the other party. :County Attorney waives any right to be paid for unused accrued annual leave., vacation or sick leave time in the event the contract is terminated or not renewed by either part yfor any.reason. B. The Board of County Commissioners may also, for cause;. terminate the employment of County Attorney at anytime whatsoever, by' affirmative vote, of not less than c�tiu.,uywpyamr�t.+nuowlnnseowsr. ororyru,.rrv�seare�awreaNiilQlsvizi&rrorAwiearew;rtzotti�)�oc. page 3 of 4 72 three (3)members of the Board. County Attorney shall be entitled to a hearing before the Board if, within five (5) business days of termination, he so requests in writing to the Chairman.of the Board of County Commissioners. In the event County Attorney is terminated for cause, County shall be under no obligation to pay severance or provide 30 days' notice per Section.9. Severance of this agreement. The term "for cause" shall be deemed to include: gross negligence in the handling of County affairs; willful violation of the provisions of law;. willfully disregarding a direct. and lawful order, demand, or policy of the Board of County Commissioners; conduct. unbecoming.a public employee; habitual drug abuse; conviction of a felony; or conviction of any crime involving moral turpitude or relating to official duties; or loss orr suspension of license to practice law in:the State. of Florida. For the purposes of this paragraph, if the County Attorney pleads guilty or nolo contendere or if found guilty of a felony, he shall be:deemed to.have been convicted, notwithstanding a suspension of sentence or a withholding of_adjudication. SECTION 9. SEVERANCE If the County terminates this contract at any time or in the event of the County's failure to. renew an employment agreement with County Attorney, County shall :not be obligated to pay any severanceor maintain County Attorney health insurance coverage or pay County Attorney health insurance premiums, provided, however, County shall provide no less than a 30 days' notice of termination without cause. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. Attest: Jeffrey R: Smith,Clerk of Court, BOARD OF COUNTYCOMMISSIONERS and Comptroller. OF INDIAN.RIVER COUNTY,FLORIDA By: (~ By Deputy Clerk sep :flescher,Chairman Date Approved by BCC: 0 -1 Approved: COUNTY ATTORNEY B A. ---- � ©septi .Balyd,.County Administrator Dylan T.Ren gold r N N C1UtuhDykm7MpyDaroYlq'nA4lk orp/AWi Q77tmporay b+remtt Fife.rEoxunt.OwlnokW.NQ31i7STEmploymtxrAg.remzpr NV13440" Page 4 of 4 M 73 ATTORNEYS MATTERS: 7/9/2013 Office of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: �Pcilliam K. DeBraal - Deputy County Attorney DATE: June 28, 2013 SUBJECT: Re: Termination of Covenants Deferring Sidewalk Development for Millstone Landing P.D. Phases 2 and 3 AND Re: Resolution Delegating to the County Administrator or Designee the Authority to Execute Future Terminations of Covenants Deferring Sidewalk Development and Maintenance Security Development Re: TERMINATIONS FOR MILLSTONE LANDING P.D. PHASES 2 AND 3: In October, 2009 the original developer of Millstone Landing P.D. Phases 2 and 3, recorded a Covenant to Defer Sidewalk Development for certain lots within each phase. By the recording of those covenants, the developer agreed not to sell any lots or obtain any building permits for construction within the deferral area until such time as the sidewalks were constructed or security posted with the County. The deferral area consists of Lots 185-250 in Phase 2; and Lots 59- 70 in Phase 3. The original developer was foreclosed on, and currently the project is owned by SLV Millstone, L.L.C., the successor developer. An option available to the successor developer because of ownership of the lots and control of the lsdian Airtr Ga AfGt�Yed Date h` "; t`ED FOR Adrr•in. a Rc Legal • (1 EGUR AGENDA Budget fnw—UrNTY ATTORNEY `eat. _ 1 R, M'gr 74 e homeowners association, was the ability to amend the restrictive covenants to provide for the sidewalk construction along certain lots to be the responsibility of the lot purchaser before that lot purchaser could receive a Certificate of Occupancy for a residence for the respective lot. The successor developer did record an acceptable amendment to the restrictive covenants making it the responsibility of each respective lot owner of the deferred lots within Phases 2 and 3 to construct a sidewalk before a Certificate of Occupancy is obtained for a residence for the respective lot. Since the successor developer has satisfied the requirements of Indian River County Code Section 913.09(5)(b)2.a to take those lots out of deferral, the Board of County Commissioners can now authorize the Chairman to execute a Termination of Covenant Deferring Sidewalk Development for both Phases 2 and 3, which would facilitate the sale of those lots and the ability to obtain building permits. Re: RESOLUTION DELEGATING AUTHORITY FOR FUTURE TERMINATIONS OF DEFERRALS FOR BOTH SIDEWALKS AND MAINTENANCE SECURITY Subdivision projects that were platted prior to February 17, 2009, by code, were allowed to defer sidewalk construction and the posting of security to guarantee sidewalk construction as well as to defer the posting of security to warranty the required road and drainage improvements. The developer had to make application with the County and, if approved, then executed and recorded in the public records a covenant to defer a designated area of the subdivision, with the understanding that the lots within the deferral area could not be sold or building permits obtained until security was in place; or, in the case of sidewalks, alternative to putting security in place, construct the sidewalks, or a restrictive covenant could be recorded making it the responsibility of the respective lot owner to construct the sidewalk segment before a certificate of occupancy is obtained, thus relieving the developer from the obligation. As development projects are starting to resume, and where the developers meet the requirements of taking the deferral areas out of "mothballs" to sell individual lots, time has become critical for closings and being able to apply for building permits, given that the recorded deferral covenant requires Board approval to terminate the deferral covenant. Recognizing that the Board does not meet every week, and given the upcoming summer months where the Board is not scheduled to routinely meet, it appears to be in the best interest of the County and the public to streamline the process of terminating covenants deferring sidewalk development and maintenance security without undue delays by the County. For these reasons, and because this process is administrative in nature, presented herewith for consideration is a Resolution authorizing the County Administrator or his designee to execute Terminations of Covenants Deferring Sidewalk Development as well as Terminations of Covenants Deferring Maintenance Security Development so long as the respective document bears 2 75 approval signatures of the County Attorney or designee, the Public Works Director or designee, and the Budget Director or his designee. Additionally, Section 101.05.1.q of the Code allows the Board to authorize the County Administrator or his designee to perform other duties on behalf of the Board. FUNDING: There is no cost associated with this matter. Fees for recording the Terminations are to be borne by the Developer/Successor Developer as the case may be. REQUESTED ACTION: 1. Authorize the Chairman to execute the attached Termination of Covenant Deferring Sidewalk Development for both Millstone Landing P.D. Phase 2 and Millstone Landing P.D. Phase 3 for recording in the Public Records of Indian River County, Florida. 2. Adopt the attached Resolution delegating authority to the County Administrator or designee to execute future terminations of deferrals with respect to sidewalks and maintenance security. Alternatively, if the Board does not desire to adopt the attached Resolution, it is requested that the Board authorize the Chairman to execute the attached two Terminations for Millstone Landing P.D. Phases 2 and 3. nhm Attachments: Termination of Covenant Deferring Sidewalk Development for both Millstone Landing P.D. Phases 2 and 3 Resolution delegating authority for future terminations of both sidewalk deferral and maintenance security deferral 76 TERMINATION OF COVENANT DEFERRING SIDEWALK DEVELOPMENT WHEREAS, SHELBY HOMES AT MILLSTONE, INC., the former owner of portions of property known as Millstone Landing P.D. Phase 2, as recorded in Plat Book 23, Pages 19-23, Public Records of Indian River County, Florida, imposed a Covenant to Defer Sidewalk Development affecting certain property within the subdivision which was recorded in Official Record Book 2374, Page 673 of the Public Records of Indian River County, Florida; and WHEREAS, the current owner, SLV Millstone, L.L.C., has now requested the Board of County Commissioners terminate the Covenant to Defer Sidewalk Development recorded in Official Record Book 2374, Pages 673, and in consideration thereof, the owner recorded a Second Amendment to Declaration of Covenants and Restrictions in Official Record Book , Page , of the Public Records of Indian River County, Florida; and WHEREAS, the termination of said Covenant to Defer Sidewalk Development over the property described in Official Record Book 2374, Page 673 requires the approval in writing by the Board of County Commissioners of Indian River County by recorded document; NOW, THEREFORE, by this instrument the Board of County Commissioners of Indian River County terminates the Covenant to Defer Sidewalk Development recorded in O.R. Book 2374, Page 673, Public Records of Indian River County, Florida. WITNESS the hand and seal of the undersigned, this day of July, 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: BCC approved: Deputy Clerk ® APPROVED AS TO FORD? AND L L S FI I BY WILLIAM K.DEBRAAL DEPUTY COUNTY ATTORNEY 77 TERMINATION OF COVENANT DEFERRING SIDEWALK DEVELOPMENT WHEREAS, SHELBY HOMES AT MILLSTONE, INC., the former owner of portions of property known as Millstone Landing P.D. Phase 3, as recorded in Plat Book 23, Pages 42-45, Public Records of Indian River County, Florida, imposed a Covenant to Defer Sidewalk Development affecting certain property within the subdivision which was recorded in Official Record Book 2374, Page 668 of the Public Records of Indian River County, Florida; and WHEREAS, the current owner, SLV Millstone, L.L.C., has now requested the Board of County Commissioners terminate the Covenant to Defer Sidewalk Development recorded in Official Record Book 2374, Pages 668, and in consideration thereof, the owner recorded a Second Amendment to Declaration of Covenants and Restrictions in Official Record Book , Page. , of the Public Records of Indian River County, Florida; and WHEREAS, the termination of said Covenant to Defer Sidewalk Development over the property described in Official Record Book 2374, Page 668 requires the approval in writing by the Board of County Commissioners of Indian River County by recorded document; NOW, THEREFORE, by this instrument the Board of County Commissioners of Indian River County terminates the Covenant to Defer Sidewalk Development recorded in O.R. Book 2374, Page 668, Public Records of Indian River County, Florida. WITNESS the hand and seal of the undersigned, this day of July, 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: BCC approved: Deputy Clerk APPROVED AS TO FORM AAND AL IUFFICI BY RA WILLIAM K.DEBAL 78 DEPUTY COUNTY ATTORNEY RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE TERMINATIONS OF COVENANTS DEFERRING SIDEWALK DEVELOPMENT AND COVENANTS DEFERRING MAINTENANCE SECURITY DEVELOPMENT. WHEREAS, subdivision projects that were platted prior to February 17, 2009, by Code, were allowed to defer sidewalk construction and the posting of security to guarantee sidewalk construction as well as to defer the posting of security to warranty the required road and drainage improvements; and WHEREAS, in instances where developers wished to "mothball" certain areas of their subdivision project for economic reasons, they made application to the County for deferral, and if approved, then executed and recorded in the public records a covenant to defer a designated area of the subdivision, with the understanding that the lots within the deferral area could not be sold or building permits obtained until security was in place; or, in the case of sidewalks, as an alternative to putting security in place or constructing the sidewalks, a restrictive covenant was recorded making it the responsibility of the lot owner to construct the sidewalk segment before a certificate of 79 RESOLUTION NO. 2013- occupancy could be obtained, thus relieving the developer from further obligation to construct sidewalks; and WHEREAS, when development resumes, and where the developers meet the requirements of taking the deferral areas out of "mothballs" to sell individual lots, time becomes critical for the developer because that the termination of deferral covenants requires Board approval; and WHEREAS, given that the Board of County Commissioners generally does not meet on the last Tuesday of each month, and less frequently during summer months, it is in the best interest of the County and the public to streamline the process of terminating deferral covenants so that the developer can proceed without undue delays and expense; and WHEREAS, the termination (and execution) of standard terminations of deferral covenants is administrative in nature and does not require the attention of the Board; and WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the above recitals are affirmed, and the County Administrator or designee is hereby delegated authority to execute standard terminations of deferral covenants with respect to sidewalks and maintenance security for road and drainage so long as the respective document bears 2 80 RESOLUTION NO. 2013- approval signatures of the County Attorney or designee, the Public Works Director or designee, and the Budget Director or designee. 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: 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 12013. 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 Approved as to form and legal suffici By' WilliamlR*n K. DeBraal Deputy County Attorney 3 81 July 9, 2013 ITEM 14A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 3, 2013 SUBJECT: Lagoon Project of Interest FROM: Chairman, Joseph E. Flescher Commissioner, District 2 1 would like to have an open discussion regarding a proposed project for Indian River Lagoon revitalization. 82 Pilot Oyster Reef Project For Nutrient Removal And Habitat Restoration The Indian River Lagoon(Lagoon)is one of the most diverse coastal ecosystems in the continental U.S. Recent changes in the density and distribution of seagrass communities have negatively affected potential habitat and refugia for select invertebrates and juvenile fish species in the Indian River (River) section of the Lagoon between the C.R. 510 Bridge and the S.R. 60 Bridge. Such changes,if persistent,may eventually negatively influence fisheries in this section of the River. Changes in water quality conditions may be linked to decreased seagrass occurrence between the two bridges. Indian River County (IRC) constructed the Spoonbill Marsh (SBM) in part to remove nutrients directly from the River. This nutrient removal is accomplished by pumping water from the River to a static mixer on the SBM site where it is blended with demineralization concentrate from the North County Water Treatment Plant and then discharged into SBM. The blended water then flows through the SBM and eventually back into the River. An oyster colony has been developing in SBM since the project went on-line in August 2010. Water quality conditions in the River have had no negative effect on the oyster population in SBM,In fact, oyster are now distributed throughout the SBM and provide potential habitat and refugia for many invertebrate and juvenile fish species. SBM now supports a significant population of Snook, Red Drum,Mangrove Snapper, and blue crabs. • This project proposes to construct a small oyster reef in the River that would be similar to the one developing in the SBM. The oyster reef in the SBM has not been negatively affected by the water quality conditions in the River over the past two years. Therefore, the proposed oyster reef is not expected to be influenced by similar water quality conditions. The purpose of the proposed oyster reef is to improve water quality conditions in the Indian River and to provide potential habitat and refugia for invertebrate and juvenile fish species. The occurrence of these species within the boundaries of the oyster reef is expected to attract larger game fish to the site. The proposed oyster reef also is expected to remove nutrients from the River and from the FDOT ditch discharging to the River at a point adjacent to the northeast corner of the SBM site The proposed oyster reef would be approximately 0.25 acres (0.10 Ha.) in size and located just to the northeast of SBM off the FDOT ditch located along the northern boundary of SBM, see Figure 1. The base of the oyster reef will be formed by 2.0 ft.by 4.0 ft. 18 gauge wire mesh panels that will be pinned to the sediments. Concrete rubble will be stacked on top of the wire mesh base. The size concrete rubble will generally range from 0.5 ft. to 2.0 ft. pieces that will be hand stacked to form discrete clusters that range in size from approximately 4.0 fie to 25 ft'in diameter. The clusters will be randomly interspersed through the project area with approximately 2.0 ft.to 2.5 ft. of bare sand between the clusters, see Figure 2. Page 1 of 2 83 The four corners of the oyster reef will be marked using buoys or 2.0 inch PVC pipe with reflective tape and labeled as"Indian River County Oyster Reef Project Area". The oyster reef will be located at a point off-shore that will maintain 8.0 inches of water over the reef at low tide. The oyster reef will be located in an area that has been monitored since 2008. Seagrass has not been found in this area since 2008,and was not present when the site was inspected in June 2013. The River bottom at the proposed oyster reef site is nearly level and is composed of fine sands intermixed with organic accumulations. There are no noticeable significant benthic structures or communities present within the project area. Therefore, the proposed oyster reef will not affect I significant benthic resources or fishery habitat. This project will include three tasks. The first task will include preparation of the St. Johns River Water Management District and U.S. Army Corps of Engineers permit applications. The second task will include construction of the oyster reef. The third task will include follow-up monitoring of the oyster reef. This monitoring will include measuring the colonization rate and growth or oysters and other invertebrates on the reef, the presence of juvenile fish species, and the occurrence of game fish in the areas around and over the reef. The cost to complete the three tasks listed above will be$28,500.00. The County will be responsible for permit fees. Page 2 of 2 84 PROPOSED OYSTER REEF FOR NUTRIENT UPTAKE & HABITAT RESTORATION u i � I ��ek 1� i. �•nk•x 34f 84- A- 1 OYSTERS ❖Recruited on-site immediately ❖Population enhanced by seeding west basins ❖July population estimate - 800,000 to 1,200,000 oysters ****Found throughout site ❖Filtering 2 to 9 times influent flow ❖Potential habitat, refugia, base of food chain 41 r 8� A- 2 f r� a d k le,h a s: —1 1511-�� a a f r kY Y4-A- 3 .-a.... ► .... ._ _... ppi _ � B DESIGN OBJECTIVES ❖Nutrient upptake ❖Potential habitat for invertebrates &juvenile fish species ❖Attract game fish 74-A- 4 zy I Ap A yg � F a' na" z .F ed �a 8`f— 1 — 5 PERMIT ISSUES ❖Contacted SJRWMD & USACOE ❖No seagrass ❖Will not affect listed species habitat ❖Not in navigable waters ❖Mark corners of restoration area B`�- � � 6 CORNER POST 2" PVC WITH REFLECTIVE TAPE (4) REQUIRED WIRE BASE — WIRE MESH PANELS 2'x4'-18 GA, PINNED TO BOTTOM OF DESIGNATED REEF AREA, CONCRETE RUBBLE TO BE PLACED ON TOP OF WIRE BASE OYSTER REEF 150' 150' OYSTER REEF 75' 11,250 SQ. FT. 1/4 ACRE 75 a INDIAN RIVER 40' CONCRETE RUBBLE 6" TO LAGOON 24" PIECES. HAND STACK SHORE LINE IN CLUSTERS 8' BELOW WATER SURFACE WITHIn OPEN SPACE OF 24" TO 30' BETWEEN CLUSTERS, CLUSTERS VARY IN SIZE 2' T 5'. D.O.T. DITCH OYSTER REEF FOR TMDL - HABITAT RESTORATION NO SCALE MAY 2013 -ART- ITEM 14.C.1 July 9, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 2, 2013 SUBJECT: Action Plan for the Indian River Lagoon FROM: Peter D. O'Bryan, Commissioner District 4 1 would like to request the Board to consider implementing an Action Plan for the Indian River Lagoon Additional back-up will be provided. 86 Additional Background for ASSUMPTIONS FOR ACTION PLAN Agenda Item 14.C.1 THINGS WE KNOW NOW ➢ There has been a significant loss of habitat for juvenile fish and other organisms in the lagoon. ➢ There are multiple sources of nutrients entering the lagoon including upland runoff sources (agriculture activities, runoff from cattle, domestic pet waste, residential fertilizer use, grass clippings, etc) as well as possible sources from old septic tanks leaching into the water table. ➢ The Indian River Lagoon is a significant economic driver having a positive $3.7 billion annual contribution along its 156 mile length. Economically, it's worth fixing. ➢ Stopping pollution at its source is the most cost effective solution to lagoon pollution ➢ Restoration activities will range from relatively inexpensive to significantly expensive. It will require the coordination of local, state and federal agencies to implement solutions. Most importantly, it will require the support of the general population. A healthy lagoon benefits the entire community. It will take the entire community to help fix it. THINGS WE DON'T KNOW NOW ➢ What really caused the seagrass die-off. There seems to be multiple theories with the primary ones as follows. o Hyper saline conditions in the northern portion of the lagoon (north of Melbourne) either killed off the drift (macro) algae (without drift algae to uptake nutrients microalgae blooms resulted, thereby killing off sea grasses due to sunlight blockage), or hyper saline conditions are more favorable to microalgae, allowing them to bloom and block sunlight to the sea grasses. In addition, some of the blooms, in particular the brown algae, may be directly toxic. The microalgae blooms migrated south into Indian River county, killing off sea grasses down to 17`h St. bridge. (see attachment 1.) o Excessive nutrient run off into the lagoon triggered microalgae blooms, again killing off sea grasses by blocking sunlight. o Excessive hydrogen sulfide released from mosquito control impoundments, converts to sulfate and deposits into the sediment at levels high enough to be directly toxic to sea grasses, killing off the grass. With sea grasses gone and unavailable to uptake nutrients, microalgae blooms result. N.-A-I o In all scenarios, two winters of extremely cold weather (2010, 2011) plus summer upwelling of deep, cold, nutrient rich waters may have weakened the sea grasses and/or macro algae and left them more susceptible to the other impacts. ➢ In all likelihood, we will not know the true cause of the die-off. ➢ How much impact each source of nutrients has on the lagoon. While there is agreement that too many nutrients are entering the lagoon, there is not enough scientific data to identify which source(s) are having the greatest impact. ➢ What is the solution to fix the lagoon? There doesn't seem to be a `magic bullet' for the solution. In all likelihood, as the impacts are multiple and complex, the fix will also be multiple and range in complexity. ➢ How much will it cost to fix it? As per the bullet above, remediation will range from relatively inexpensive to significantly expensive, depending upon the scope and complexity of the project. However, a longterm erm total cost approaching$500 million would not be unreasonable to plan and budget for. Remediation will need to be phased in as short, medium and long range projects with identified funding sources, which will probably include local, state and federal monies. WHAT CAN WE ASSUME GOING FORWARD ➢ The lagoon won't get better unless we take action. We need to make a total commitment to take a leadership role in the lagoon recovery. While future remediation projects will be dependent upon research work yet to be done, there are many other projects we can begin implementing immediately. Let's get to work! pb -A-I INDIAN RIVER COUNTY ACTION PLAN FOR THE INDIAN RIVER LAGOON SHORT TERM STRATEGIES ➢ Intensify educational efforts with our state legislators, in particular the Governor, on the importance and economic benefit of the lagoon, so research/remediation money does not get vetoed out of state budgets. ➢ In addition, lobby our Federal legislatures to direct EPA and ACOE to issue rules that provide a "no harm" rule for alternative ag practices. This is the biggest hold up to a couple of pilot "water farming" projects. ➢ Begin TMDL reductions and habitat restoration. o Oyster bed pilot project at FDOT freshwater outfall, building on success of Spoonbill Marsh, oysters filter water, create lost habitat for food chain, create recreational fishing areas. Data to be collected to be used for grant application to install beds at all FDOT outfalls. ➢ Begin installation of baffle boxes at all FDOT outfalls to trap and collect sediment prior to reaching lagoon. We had a presentation by a consultant who can help with grant applications (see attachment 2.) Plan and budget for periodic clean out. ➢ Expedite construction of the south county algal scrubber project. ➢ Direct County Administrator to create a new code enforcement position for "nutrient enforcement". Duties will be focused on education and compliance with state and local laws regarding fertilizing, lawn clippings, training, etc. This will also include outreach to the 100's of landscape companies to educate them on new certification laws. ➢ Implement county fertilizer ordinance as per state requirements. Assuming above bullet point is approved, our ordinance will be effective due to dedicated enforcement mechanism. ➢ Pass ordinance requiring higher standards for older, existing septic tank systems that are in need of replacement or major repair. ➢ Design and implement projects to run new sewer lines to communities identified as having a significant number of septic tank systems installed prior to 1983. 84-A -3 ➢ Install Kilroy's and begin collecting data. Consider expanding number of Kilroy's, e.g. one Kilroy upstream from skimmer on main canal, and one Kilroy downstream. Will also need to establish a data collection system, so as various researchers provide data, it can be assembled in one, easy to access data warehouse. ➢ Work with City of Vero Beach (and to some extent with City of Sebastian) on pump out procedures at City Marina and other long term dockage areas (Grand Harbor, Quail Valley, etc). Who has authority to monitor holding tanks and storage? How will a more aggressive pump out program be funded? Martin County just approved purchase of two new pump out boats (with DEP grant paying for 75%) plus funding a position (see attachment 3). ➢ Begin budgeting and identifying revenue sources for stormwater holding area and sewer system expansion. This could include looking at county wide Stormwater District. ➢ Increase public education efforts. For example, "Be a Life Saver for the Indian River Lagoon" brochure. Consider re-funding stormwater position and or public outreach position for lagoon (see attachment 4). ➢ Explore City of Vero Beach use of Dodgertown Golf Course property as a stormwater park to treat water from main relief canal. ➢ Educate pet owners that just because they bag their dog's feces, throwing the bag into the storm drain is not the proper disposal strategy. KIRB has a stencil that can be painted on the roadside curbs (see attachment 5). MEDIUM RANGE STRATIGIES ➢ Plan, budget, and develop expansion of the Spoonbill Marsh in coordination with Grand Harbor and Indian River Land Trust. ➢ Work with local water control districts to explore strategies to increase holding time and treatment of water in drainage ditches. ➢ Work with scientific community and Water Management Districts to determine optimal freshwater input to the lagoon. Hyper salinity is also a problem and the lagoon needs a balance of clean, steady freshwater inflows to remain a diverse estuary (see attachment 6). ➢ Continue working with scientific community and support research into natural and manmade activities that impact the quality of the lagoon. ➢ Apply for grants to expand the oyster bed projects to cover all freshwater discharges into the lagoon. SG-A--q ➢ Evaluate changes to LDR's to look at ways to reduce run off into SW retention areas, e.g., instead of sloping the back yard right into the retention area, require a slight berm at water's edge. Also on ranchettes do we really need to require 5 acres of sod? LONG RANGE STRATIGIES ➢ Design, budget and build restoration of spoil islands back to a more natural, Spoonbill Marsh like habitat. Examples could be some of the "Lost Tree Islands" owned by local governments. ➢ Design and build surface water storage areas for TMDL treatment and/or alternative water supply. ➢ Ongoing monitoring of remediation efforts to ensure projects are successful. ATTACHMENT 1 . - St. River .. Water Management District Hans G.Tanzler III,Executive Director 4049 Reid Street - P.O.Box 1429 a Palatka, FL 32178-1429 • (386)329-4500 On the Internet at floridaswater,com. January 22, 2013 RECEIVED The Honorable Peter D. O'Bryan, Indian River County Commissioner ,JAN 2 3 2013 Chair of the Treasure Coast Council of Local Governments 1801 27rh Street BOARll OF COUNTY Vero Beach, FL 32960 COMMISSION Dear Commissioner O'Bryan: Governor Rick Scott's office forwarded me your December 10, 2012, letter and asked that I respond directly to you. Governor Scott,the Florida Department of Environniental Protection (DEP), St. Johns River Water Management District (SJRWMD) and South Florida Water Management District(SFWMD) share the Treasure Coast Council of Governments' concerns regarding the loss of seagrasses within the Indian River Lagoon. Please see the enclosed summary of recent events and the ongoing work to understand and respond to this issue that the Indian River Lagoon National Estuary Program prepared. In addition to the information provided in the enclosure, several presentations further describing the lagoon's seagrass losses and the cooperative work underway investigating these impacts will be given by SJRWMD and SFWMD scientists during the Indian River Lagoon Symposium on February 7 and 8 at the FAU Harbor Branch Johnson Education Center. Members of the Treasure Coast Council of Local Governments are encouraged to attend the symposium to learn more about these issues and what the lagoon community can do to help protect and conserve the lagoon's resources. While not connected to the seagrass loss witnessed in the estuary ninth of Fort Pierce inlet,state agencies, SJRWMD, SFWMD and the U.S. Army Corps of Engineers recognize the negative innpacts on the water quality and biota of the St. Lucie and Indian River Lagoon from Lake Okeechobee discharges in combination with the contributory watershed discharges. Information on efforts to reduce the severity and frequency of lake releases to the coastal estuaries is provided in the enclosure. I hope this information helps to address the concerns of the Treasure Coast Council of Local Governments. SJRWMD, SFWMD and DEP are working in conjunction with the lagoon's many stakeholders to protect and restore the natural resources and water quality of this important estuary. Sincerely., i Hans G. Tanzler III Executi e Director Enclosure GOVERNING BOARD Lad Daniels,CHAIRMAN John A.Miklos,VICE CHAIRMAN Douglas C.Bournique,SECRETARY Maryam H.Ghyabl,TREASURER JACKSONVILLE ORLANDO VERO BEACH ORMOND BEACH Chuck Drake Richard G.Hamann George W.Robbins Fred N.Roberts,Jr. W.Leonard Wood ORLANDO GAINESVILLE JACKSONVILLE OCALA FERNANDINA BEACH B6 -A -7 Indian River Lagoon seagrass losses and ongoing actions to address the issues A healthy Indian River Lagoon contains two primary types of submerged aquatic vegetation— seagrasses and macroalgae. Seagrasses are rooted plants valued for providing habitat for animals, including those supporting commercial and recreational fisheries, trapping sediment that would otherwise reduce water clarity, and absorbing nutrients generated by use of the land. In the lagoon, macroalgae that are unattached—drift algae—also provide habitat and absorb nutrients from the water column. When seagrasses and macroalgae absorb nutrients, they can reduce the occurrence of microalgal blooms that discolor the water and oftentimes "crash"to cause reduced dissolved oxygen levels that result in fish kills. These phytoplankton blooms also block sunlight, which seagrasses and macroalgae need to thrive. In 2011, the Indian River Lagoon experienced extensive, persistent phytoplankton blooms, extending from the southern Mosquito Lagoon to just north of Fort Pierce Inlet. Two blooms can be distinguished based on the dominant species of microalgae, an intense bloom north of Melbourne and a lesser bloom extending south from Melbourne to Vero Beach and Fort Pierce. The scientific community has hypothesized that the more severe, northern bloom was caused by two winters with low water temperatures (2009 and 2010)that led to an apparent collapse of the lagoon's drifting macroalgae, which, in turn, would have decreased uptake of nutrients and possibly released nutrients as the macroalgae decayed. This change in nutrient cycling may have favored the subsequent growth of phytoplankton, in addition, the long-term drought that dominated much of Florida's weather from the 1990s through 2012 promoted hypersaline conditions in northern portions of the system. Along with cold water, high salinities may have increased mortality for small, aquatic animals, including those that feed primarily on phytoplankton. Hypersalinity probably acted as a key determinant of the species of microalgae that dominated the bloom. Thus, these two weather events may have created conditions that promoted the growth of the phytoplankton species responsible for the 2011 "superbloom" in the Banana River and northern Indian River lagoons. A change in the way nutrients were cycled due to a loss of macroalgae also may have played a role in supporting the second, less intense bloom along southern Brevard and Indian River counties.Eight-months later, in the summer of 2012, the area affected by the superbloom was subjected to an unprecedented brown tide that started in the Mosquito Lagoon and spread into the northern Indian River Lagoon. This bloom was dominated by a different species of microalgae that also tolerates high salinities, and it resulted in extremely high levels of chlorophyll o, a measure of microalgal biomass in the water column. Both blooms have receded, and water clarity has improved throughout much of the lagoon. These blooms drastically reduced the amount of light reaching seagrasses for an unusually long time. Consequently,the St. Johns River Water Management District (SJRWMD) recorded a loss of nearly 34,000 acres of seagrasses between 2009 and 2010 in the lagoon north of Fort Pierce. Data from 2011 showed stable or expanding seagrass beds south of Fort Pierce Inlet and in the southern Indian River Lagoon, areas not impacted by the blooms. SJRWMD will be tracking water quality and the health of seagrasses as it has done since the 1980s. SJRWMD continues to partner with the South Florida Water Management District(SFWMD) to map seagrasses from aerial photography every 2-3 years. In 2013, the Florida Department of Environmental Protection(DEP) has agreed to fund this effort. In addition, more than 80 seagrass transects are surveyed twice each year and approximately 12 are surveyed monthly to document the Prepared by the Indian River Lagoon National Estuary Program January 22, 2013 96 -A-g ATTAICHMENT 2 Vicki Wild, Executive Director, KIRB, gave a PowerPoint presentation (copy on file) describing the background, goals, and accomplishments of Keep Indian River Beautiful (KIRB), which was established in 1997. Ms. Wild relayed that further information is available at www.kirb.org. Ashima Wild, President, KIRB, presented the Board with a plaque in appreciation of their support. 5.C. PRESENTATION BY AOn46E-.L;D ;=DozE-R 1 ON . tel.Tiox, t • TT9lIT1^'O"AF;'SiYf"►`/`7YTfi DIFS AMYADAMS, CAPE CANAVERAL SCIENTIFIC, ON GRANT WRITING ASSISTANCE (Clerk's Note: This item was heard following Item S.D. and is placed here for continuity). Amy Adams, President, Cape Canaveral Scientific, gave a PowerPoint presentation (copy on file) describing the free grant writing program offered by the St. John's River Water Management District's Indian River Lagoon National Estuary Program(IRL NEP). Commissioners Flescher and Zorc invited Ms. Adams to attend the Board's March 26, 2013 Workshop on the Indian River Lagoon(see Commissioner Zorc's Item 14.E.2). S.D. PRESENTATION ON UP WITH PEOPLE UPCOMING VISIT TO INDIAN RIVER COUNTY BY OSCAR NISSEN•ADVANCE TEAM MANAGER (Clerk's Note: This item was heard following Item S.B. and is placed here for continuity). February 5, 2013 3 86 - A -R 0/12113 Commissioners WII Jensen Beach Mooring Field pro act»TCPalm.com OTHER BUSINESS ATTACHMENT 3 In other business, the Martin County Commission took the following action: • Authorized the Utilities and Solid Waste Department to apply to the Florida Department of Environmental Protection for a grant to purchase two pump-out boats for $200,000. The state would pay for 75 percent of the cost. The Utilities Department will also hire a seasonal employee to operate the boats at a cost of$20,904 a year. • Approved a resolution to designate Bird Island in the Indian River Lagoon as a Critical Wildlife Area, preventing public access to the island and creating a buffer around the island. O 2013 TCPalm. All rights reserved. This material may not bs published, broadcast, p(p-A, - ID wwwtcpal m.com/news/2013/]un/l 1/commissioners-W I I-j ensen-beach-mooring-f el d/ 1/1 ATTACHMENT 4 • Watch the weather!Rainstorms don't water in fertilizer Nutrient Pollution they wash it away,wasting your money and polluting our The Indian River lagoon is experiencing nutrient pollution, water. caused by fertilizer and other nitrogen sources.Fertilizer is • Use less irrigation-fewer chemicals and nutrients not a problem when it's used properly if we use too much will wash into the lagoon. or apply it at the wrong time,it can easily wash into storm - Reduce the amount of pesticides used. �J - drains and Flow untreated into the canals,all of which lead - Sweep it up.Whisk any fertilizer granules that fall to the Lagoon. onto sidewalks,streets or drives back on the landscape. just like in our yards,fertilizer in the Indian River Lagoon • Keep fertilizer at least 10 feet away from any wetland makes plants grow;but in water,extra fertilizer means too or body of water. Be a much algae.The algae cloud the water,stopping the sunlight •just Say No to Phosphorous(P):The Indian River from reaching the seagrass growing on the bottom.These region is naturally rich in phosphorous. Ilfe saver seagrasses are the foundation of all life around the Lagoon, -Avoid using'weed&feed'products. ;; supporting fish,birds,manatees,sea turtles&dolphins. - If you do use fertilizer,use slow release nitrogen(SRN) ' 't 1 the 4 h e The Guide to Florida Friendly Landscaping is available at: fertilizer.Slow-release provides nourishment over a �� 5;L'' y 1 loo ,saving you mone • • http://wvvwflondayaids.org longer nodg Pe� gY Y A Guide to Wateiwise Landscaping: it What to look for on your fertilizer label: '` http://wwwSJRWMll.coin/waterconservatiolY/ %of Total N as SRN= ' �)Smart Fertilizing i 7 X too=50% • Fertilize in the spring and fall-not in the rainy season from June to September. 14026 GUARANTEED ANALYSIS - - • Reuse water may contain high amounts of nutrients. lou MuoGix Fertilizers may not be needed.Check with our water ii.a%ww Nose.pi' Y Y a INI[[roux(r,o) noo a supplier. wUOR o)IM-19.11 i er.SVh ea Whir 14 • Reduce the amount of lawn by planting native or N¢ IL"P rogen N r•'/.(•�r aK.p) Florida Friendly plants that need less water,fertilizer Phosphael taw 61%% 'ate P,Os 1,1M VVM,scow u•(hl and other lawn chemicals. 'U'utsE Ino)E.W i.•x Potash K O a11/.ft- i ft-M.N.n.&—I*) - - —-- • Newly installedlandscapes cannot efficiently use � OfpYED IAon:Pa4mu(wul fAhr Wnr/area - - -- - nitrogen;do not apply nitrogen for the first 30 days. $umm r r.urn,W.aa.napwv Owe. • Don't blow leaves or clippings into the road or any body 7%Slow Release Nitrogen(SRIv(-r 'rL r r y Axa+woga rory,r of water-leave them on your lawn.They can supply up ro,krsnr m,as to 50%of the nitrogen that your grass needs. COVERAGE • Use a deflector shield on your spreader so that you ro P.W.N uoa ww�.u„'rr'-ijaq V'I.M ,pi— .0 N pWk eA comb H.�.Wq spread fertilizer only where you need it. r,LA44,. • Pump some iron.Use Florida Friendly yard products that contain iron and other micronutrients to green up DEADLINE:JANUARY 1,2014 your lawn during the summer. Florida Statute Chapter 482.1562,requires all commercial fertilizer applicators to obtain the Limited Commercial fertilizer Applicator's Certification which includes completion of Best Management Practices Course. Training information and the list of certified professionals by county is available at: 1 hilp://I yn.ifas.ufl.edu/professionals/BMP_overview.him O z t What Is the Indian River Lagoon? Three Problems Facing the Lagoon ' Vehicles and Boats You can help clean up the lagoon: DaigneitecdAn Fsluary of National Significance in 1990 by Congress lhanugh the Clean Water Act Stormwater Runoff One gallon of motor oil can contaminate •Organize your neighbors to request sewer • We call it"The River"but it's actually not a river.There is one MILLION gallons of water! installations in your neighborhood no flow—only wind effects,and tidal fluctuations near the •Keep cars and boats running properly • Pump out your septic system every 3-5 years inlets.The pollutants we put in the Lagoon stay in the Lagoon. •Use bio-degradable cleaners on boatsY1 Runoff from tool,lawn and driveway • Never drive or park over the septic system • The Lagoon is very shallow,averaging about Four feet deep •Never leave trash or human/pet waste on islands • Plant only groundcovers over and near the drainfield so its sediments are easily stirred by wind. •Never release boat sewage into the lagoon . Flush only human waste—not disposable diapers, • The Lagoon has five widely spaced inlets that allow a limited •Report observed spills 24/7:1-800-320-0519 sanitary supplies,paper towels exchange of ocean water and aquatic wildlife. For more information:wwwdep.state.fl.us/cleanmarina/ • Never flush toxic waste such as medicine,oil,grease, • The canals emptying into the Lagoon were created to drain paint,pesticides,cleaners the inland areas for fanning.Now those canals are carrying r urban stomrwater into the Lagoon. Septic System Leaching • Consider composting instead of using a garbage disposal Lagoon Health: empties into drain There are about 36,864 septic systems in operation in • Seagrass coverage is the primary indicator of lagoon health; "``" ,• Indian River County.17,554 were installed prior to rule ' Spread laundry loads over the week. it is the foundation of the Lagoon's food web.Since 2011,the changes requiring a 24-inch separation from the water • Conserve water use to lessen septic leaching Indian River Lagoon has last 63%of its total acres of seagrass `, table,and at least a 50-foot setback from surface water. For more information: compared to 2009.This represents a loss of 47,000 acres of htip://www.myfloridaeh.cojiVosids/index.lititil seagrass. 900 septic systems are within the city limits on the barrier • Habitat loss of seagrass beds,mangroves,oyster reefs andisland alone;83%of which are not in compliance with _A * c standards for or new construction.These may ever s wetlands is affecting the viability of the estuarine and marine currents� u �tiY Ndiose of medications� � P fisheries,as well as bird and manatee health. • l _ have a 6-inch or less separation from the water table and W i by flushing them down the toilet • Our Lagoon has been called one of the most biologically may be 25 feet or closer to the lagoon. . or drain! diverse estuaries in North America because of the huge Dispose of unwanted medications as solid waste t Septic systems are designed to catch solid waste and to variety of living things calling it home.Many species use Sep • Mark out your name and prescription number d lwaste through the surrounding soil. l l lowy percolate liquid the Lagoon's protected waters as nurseries for their young. s •Add water or soda to dissolvetlls The nursery areas are scarce and threatened. Approximately 265 gallons of wastewater per day per P Pollution prevention is up to you! household leaches into ground water,carrying nutrients •Add cat litter or dirt to liquids • mar75%(over40,000 been acres)r the Lagoon's wetlands and salt "* til from the food we eat,along with other chemicals(detergents • Tape closed and dispose of in trash marshes have been lostce altered due to development or Did you know that stormdrains and canals are NOT and medications)that might have entered our septic system. • Do not put in recycle bin mosquito control practices.These marshes are important fish connected to treatment plants?In the Treasure Coast OR nurseries and serve as filters to improve water quality.Many Region,the storm system flows directly into the Lagoon. The variables that determine how much pollution enters our Find medication disposal sites and events at: of these altered wetlands have been reconnected to the Lagoon, offering improved marsh-estuary exchanges for fisheries Never use the canals or stonndrains as trash receptacles. water table and eventually the lagoon are: http://www.del).state.fl.us/w aste/categories/ while still providing mosquito control benefits. • Keep yard clippings and chemicals off sheets •elevation of the system above ground water medications/pages/disposal.htm Our Economy: and drives •type of soil which is serving as a filter or contact your county sheriff's office. • Pick u t waste • The Lagoon's economic benefits and value are estimated p •amount of rain rs on lawn or at commercial facility •amount of liquids entering at over$3.7 billion annually to the Treasure and Space Coast •Wash ca9 g the system. regions and the state. • Dispose of hazardous wastes through County • The Lagoon supports 15,000 jobs producing goods and Convenience Centers—including paint cans,electronics, services equaling$1.6 billion in sales of recreational goods aerosol cans,used motor oil,pesticides,batteries,fluorescent light bulbs,solvents,fertilizers S e and services,investments in research,restoration and education projects and activities,and sales from commercial For information about recycling and disposal of fish landings. hazardous wastes in IRC visit:http://www.ircwaste.cofn 400, CNO l �t ATTACHMENT 5 J AU C R S Oi �` FLORID�Ary"� LEWINDIAN RIVER COUNTY RIS I�GOO1Vi: STORM DRAIN , The next time you walk in your neighborhood, take a moment to notice the storm drains that line the roadways. During each storm event the storm drains capture excess water that runs off rooftops, yards, driveways, and parking lots, all components of the human environment. The stormwater runoff carries with it many pollutants that accompany our modern lifestyles such as motor oil, pesticides, excess fertilizer, sediment, pet waste, and more. Many storm drains (inlets) lead directly to lakes or canals that discharge into the Indian River Lagoon. Our daily activities contribute to the deterioration of these waters. Placing special storm drain markers (such as depicted above) on inlet covers is a clear reminder to all that anything entering the drains will flow untreated to our waters. Installation is easy! It is fast and easy to glue the Drain Markers on the drain covers and place information door-hangers on homeowners' front doors as you go. The Drain Markers are made of durable materials, so your work will have lasting value. You'll be helping to keep our waters clean. Enlist the help of a group such as scout troops, church, schools, your homeowners association, coworkers, and family! Description Storm drain marking involves labeling storm drain inlets with plaques, tiles,painted or precast messages warning citizens not to dump pollutants into the drain. The message, "Dump No Waste Leads to Lagoon" is a simple phrase to remind those passing by that the storm drains connect to local waterbodies and that dumping will pollute those waters. 36-A `13 IMPORTANT: Permission by Indian River County is not necessary for markers to be placed in private subdivisions-permission must be obtained from the subdivision homeowner's association. Permission by Indian River County Public Works Department MUST BE OBTAINED IN WRITING before markers are placed in County public right- of ways. For placement in jurisdictions other than the County,contact the municipality in which the property is located. Exam le of a stormwater inlet g Storm drains can be labeled with stencils to discourage dumping Where to get the Supplies: The art for markers placed in private subdivisions is at the discretion of the private homeowner's association. The art for markers placed in public right-of ways must approved by Indian River County and it must resemble the art shown at the top of this document. The message"Dump No Waste Leads to Lagoon" and Snook correlate with the County's pollution prevention signs placed along County roads. Markers can be ordered from several suppliers that can be located through an internet search for"storm drain markers." The vendors supply kits that contain vinyl storm drain markers, adhesive, applicator brush,hand cleaners, door hangers, carrying pack, and instructions. Vinyl markers last longer than stenciled messages and need only glue to affix them to storm drain inlets. Stenciled messages will require repainting after a few years. Bi-lingual markers are available indicating the message"Dump No Waste Leads to Lagoon" in English and Spanish. 26 -A - 14 i From: Peter D. O'Bryan [mailto:pobryan@ircgov.com] ATTACHMENT 6 Sent: Thursday, February 07, 2013 2:54 PM To: Troy Rice Cc:jthurlowlippisch@comcast.net Subject: RE: SJRWMD Reponse to TCCLG's Letter to the Governor Troy, Thank you for the follow up information. It is interesting to note that in the earlier response regarding seagrass die off in the southern Brevard / North Indian River basin,high salinities were listed as a contributing factor in the ecosystem breakdown. In your January 24 response you mention that there have been no discharges from the C-54 canal since 2008. With the Upper St. John's Basin project nearing completion, presumably most of the fresh water should be cleaned up. Has there been any consideration of monitoring salinity levels and if salinity starts to-rise above a predetermined point, that some releases should begin from C-54 to provide clean freshwater to maintain a healthy,diverse estuary? Thanks, Peter Peter D. O'Bryan Indian River County Commissioner, District 4 Chair, Treasure Coast Council of I..ocal Governments 1801 27th Street Vero Beach, FL 32960 772 226-1441 Office 772 770-5334 Fax pobryanaircgov.com MA Before printing this e-mail,think if it is necessary. rhink Green! DISCLAIMER: Under Florida Law(FS668.6076),e-mail addresses are public record. If you do not want your e-mail address released in response to a public-records request,do not send electronic mail to this entity. Instead,contact this office by phone or in writing. From: Jacqui Thurlow-Lippisch [ma iIto:jthurlowlippisch(a comcast.net] Sent: Wednesday, February 06, 2013 2:10 PM To: Peter D. O'Bryan Cc: Terri Collins-Lister Subject: Fwd: SJRWMD Reponse to TCCLG's Letter to the Governor Dear Chair O'Bryan, As requested for at today's meeting, below is the response by IRL Nat'l Estuary Program Director, Troy Rice, regarding to my asking about our local canals and their run off into the SLR& IRL and thanking him for the comprehensive letter. Sincerely, Jacqui Thurlow-Lippisch Commissioner, Town of Sewall's Point Begin forwarded message: From: Troy Rice <trice _sirwmd.com> Date: January 24, 2013 4:53:55 PM EST To: 'Jacqui Thurlow-Lippisch' <ithurlowlippisch(D_comcast.net> i �� -a- ts Peter D. O'Bryan From: Troy Rice [trice@sjrwmd.com] Sent: Monday, February 11, 2013 10:44 AM To: Peter D. O'Bryan Cc: jthurlowlippisch@comcast.net Subject: RE: SJRWMD Reponse to TCCLG's Letter to the Governor Hi Commissioner O'Bryan, It was nice speaking with you at last week's symposium. As you likely heard during the technical presentations on Thursday morning, high salinities were a bigger contributing factor to the bloom events in the northern portions of the lagoon (north of Melbourne) with the particular phytoplankton species predominate during the 2011 'Super Bloom` -- tolerant of higher salinity, and the Brown Tide species that bloomed in 2012 from Titusville north through much of Mosquito Lagoon, seeming to prefer hyper-saline conditions. Excess nutrient-rich freshwater and groundwater discharges to the Central IRL are still occurring daily through the C-1 Canal in Palm Bay,the 3 IRFWCD Relief Canals, Fellsmere Canal,Sotille Canal,the St.Sebastian River drainage including the Sebastian River Water Control District, and C-25 discharges at Fort Pierce being the largest contributors,that more than compensate for the salinities associated with ocean waters entering through the inlets on the incoming tides and evaporation from the surface waters of the lagoon. So it is very unlikely that a minimum-flows criteria of freshwater for the lagoon would ever need to be established from the C-54/USJRB, unless a persistent extreme drought of decadal proportions were to occur. Then I am certain that freshwater use priorities in that unlikely scenario would be allocated to potable uses. Freshwater discharges from the C-54 canal in the past did impact lagoon salinity and water quality as far north as Melbourne-Pineda segments of the lagoon, but had little impact north of the S.R. 518 causeway, where the past bloom's impacts were greatest, and in all likelihood additional freshwater discharges to the lagoon in 2011 and 2012 would have strengthened and expanded the 'secondary bloom' south of Melbourne to Ft. Pierce, providing additional nutrients of nitrogen and phosphorous for the phytoplankton to feed upon. I will certainly keep you and the TCCLG apprised of future findings associated with the seagrass loss investigations and any potential future management options(i.e. seagrass transplanting)that may be initiated to try and 'kick start' seagrass propagation in areas with heavy losses if associated water quality conditions are achieved. Thanks-Troy Troy Rice, Director Indian River Lagoon National Estuary Program St.Johns River Water Management District 525 Community College Pkwy, SE Palm Bay, Florida 32909 (321)984-4950 I C ►rt' r Y4y.... 1 g � • �- I � Subject: RE: SJRWMD Reponse to TCCLG's Letter to the Governor Thank you Commissioner, I am glad you found it helpful. It is good sometimes to put together a comprehensive outline-of issues-and-acticrT"u&v as that, especially with an issue of such great importance as the recent seagrass losses. I am also pleased to hear you'll be attending the lagoon symposium in a couple of weeks. I wish more elected officials in the lagoon's watershed had the concern for the lagoon that you do and the desire to bring about positive change. I am excited to learn from the many scientists and students who will be presenting their research, and for the Forum on Friday that will hopefully bring some consensus and a plan forward that the community can get behind. In regard to problematic canals, each man-made canal discharging directly to the lagoon is a problem. Of course the bigger the canal and the greater basin that the canal drains the more non point pollution is discharged. Certainly C-44 with its connection to Lake 0 and the combination of C-24&C-23 discharging into the north fork of the St. Lucie are the biggest canals impacting the St. Lucie and southern IRL. The Main Relief Canal in Vero, operated by the Indian River Farms WCD is the biggest contributor in the Vero 'Narrows' portion of the lagoon, but all three relief canals in Indian River County cause a lot of problems when their gates are opened wide in anticipation of a tropical rain event. Further north,the C-1 Canal in Palm Bay also drains a large urban area (100 square miles) but the SJRWMD is working to re- divert about 50%of the discharges from this basin back into the Upper St.Johns River, where the basin historically flowed before the canal. The C-54 canal, a big Army Corp built canal that serves as the border between Brevard and Indian River counties and discharges into the St. Sebastian River use to be a problem, however with the completion of the Upper St.Johns River Basin Project no significant discharges have occurred from C-54 since Tropical Storm Fay in 2008. 1 don't know if I'll have any new info to share before the next TCCLG meeting on Feb 6. But I'll send you a note either way. I look forward to seeing you at the Symposium. Troy Troy Rice, Director Indian River Lagoon National Estuary Program St.Johns River Water Management District 525 Community College Pkwy, SE Palm Bay, Florida 32909 (321) 984-4950 lfookw,d a lagwn licen%t pt;0 Net? From: Jacqui Thurlow-Lippisch [ma iIto:jthurlowlIppisch@comcast.net] Sent: Thursday, January 24, 2013 3:18 PM To: Troy Rice gb . q - i -7 3 JULY % 2013 ITEM 14.E.1 . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 2, 2013 SUBJECT: Special Funding for Economic Development Promotion FROM: Tim Zorc Commissioner, District 3 A continuation of a discussion from the July 2, 2013 Commission Meeting, requesting 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. Additional Backup will be provided. 87 G� 0010 The Indian River County Board of County Commissioners Is pleased to welcome Company logo here to Indian Rives County The County Commission is "OPEN" for Business R G2 -c FCOR1A)� The Indian River County Board of County Commissioners Is pleased to welcome Companylogo here To Indian River County The County Commission is "OPEN" for Business Commissioner Peter O'Bryan Commissioner Bob Solari Commissioner Wesley Davis Commissioner Tim Zorc Chairman Joe Flescher � Q I .E. L O� �ORI�Q' The Indian Rives County Board of County Commissioners Is pleased to welcome Company logo here To Indian Rives County The County Commission is "OPEN" for Business 9D ) X1 . E . 1 . Indian River County Economic Development Summary Why Florida and Why Indian River County? Indian River County Alternate Location Taxes State overall business tax climate index ranking for 2013, per the Tax Foundation 5th (www.taxfoundation.org) Person income tax rate. None Corporate income tax rate 5.5%after exemptions Inventory tax rate None General Fund millage rate 3.0892 mills Sales tax rate 7%total (6% State, 1%County) Business friendly atmosphere County tax abatement program available for up to 10 years Yes, up to 10 years Local jobs grant program available for up to$7,000 per job Up to$7,000 per job Is there an Enterprise Zone located in the area? Yes Expedited permitting process and approvals available? Yes State Qualified Target Industry(QTI)Tax Refund Program available? Yes$3,000 per job minimum Quick Response Training Program (QRT) available? Yes Incumbent Worker Training Program (IWT) available? Yes County team dedicated to ushering projects through planning, zoning, and Yes building permit& inspection process available? Qualified labor force Q � Indian River County Economic Development Summary Why Florida and Why Indian River County? Indian River County Alternate Location population County population & workforce 138,028; workforce 64,698 population What are population and workforce within a one-hour commute? 1,152,434; workforce 365,424 Right-to-work state? What percentage of private sector employees belong to an Yes. 2.3% organized union? What percentage of population are high school graduates? What% hold 86.1% high school; Bachelors degrees or higher?What% hold Associates degrees? 26.6/o bachelors; 8.2%associates Average annual wage $34,119 State's workforce ranking by the U.S. Chamber of Commerce 1st Affordable utility rates Electric rates for a commercial customer using 500 kW of demand and 200,000 $15,954.15 per kWh/ month. Examples of these customers are; large call center, department month (7.97 store, grocery store, school. cents/kWh) FPL Business Does electric utility have any incentive or discount plans for new or expanding Advantage businesses? Program up to 25%discount Quality of Life Average annual temperature 72.8°F Average temperature in Winter(November-April) 66.30F Average temperature in Summer(May-October) 79.30F cZ