HomeMy WebLinkAbout04/05/2016 (2)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, APRIL 5, 2016 - 9:00 A.M.
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
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COUNTY COMMISSIONERS
DISTRICT
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Bob Solari, Chairman
District 5
Joseph A. Baird, County Administrator
Joseph E. Flescher, Vice Chairman
District 2
Dylan Reingold, County Attorney
Wesley S. Davis
District 1
Jeffrey R. Smith, Clerk of the Circuit
Peter D. 'Bryan
District 4
Court and Comptroller
Tim Zorc
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District 3
1. CALL TO ORDER 9:00 A.M. PAGE
2. INVOCATION Deputy Teddy Floyd, IRC Sheriff Department
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3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney
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4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A.! Presentation of Proclamations Designating the - Month of April, 2016 as
i Child Abuse Prevention Month 1-2
- ------------------------------------------------------------------------------------
B. Presentation of Proclamation Designating the Month of April, 2016, as
Volunteer_ Appreciation Month 3
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April 5, 2016 Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Designating April 10 through April 15, 2016 as
Crime Victims' -Rights -Week-__ 4
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D. Presentation of Proclamation Designating April 1 through April 30, 2016 as
Water Conservation Month in_Indian River County----------------------------------------------- 5
6. APPROVAL OF MINUTES
A. I Regular Meeting of March 1, 2016
7.
ITE
OR C
A. j Resignation of Citizen Advocate Representative to the Transportation
1 Disadvantaged Local Coordinating Board (TDLCB)
memorandum dated March 21, 2016 6
B.1 Update on All Aboard FI/Vero Electric Expenses
__(memorandum_dated March 29,_2016)7-11
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C. 2016-2017 State Legislative Final Report
__(memorandum dated March 30,_2016)12-26
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D. Proclamation Celebrating the Golden Grads of VBHS
2--
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8. CONSENT AGENDA
A* Approval of Checks and Electronic Payments March 11, 2016 to March 17,
2016
(memorandum dated March 17, 2016) 28-35
i-- ------------------------------------------ - --------------------- ---- ----- --------------------------------
B I Approval of Checks and Electronic Payments March 18, 2016 to March 24,
2016
_(memorandum dated March 24, 2016) 36-44
-------- -------------- -- - ----------------------------- -- - ----- ---------------
C. Approval of Final Ranking of Respondents — RFP 2016015 — Disaster
Debris Removal and Disposal
--(-�---------------
memorandum dated March 28, 2016 45-47
--------------------------------------------------------------------------------............
D! M.A.C.E. Project Generated Income (PGI) Miscellaneous Budget
Amendment 015
__(memorandum dated March 29, 2016) _ _ _ _ _ 48.57
April 5, 2016 Page 2 of 6
1
8. CONSENT AGENDA PAGE
E. In re Municipal Derivatives Antitrust Litigation Class Action Lawsuit
__(memorandum dated March 30, 2016) 58-78
-------------------------------- ------------------------------------------------------------------
F. Request for Approval of the First Extension to Agreement with Integrity
Lawns LLC for the Beach Parks Mowing and Grounds Maintenance
__(memorandum dated March 22, 2016) 79-82
- ------------------------------------------------------------------
G. Request for Approval of the First Extension to Agreement with C.E.R.
Signature Cleaning for Beach Parks Custodial Services
(memorandum dated March 22, 2016) ________________________________________________________ 83-86
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H. Vero Beach Air Show
__(memorandum dated March 31, 2016) 87
A. Indian River County Sheriff Deryl Loar
1. Application for a 2016-2017 Victims of Crime Act (VOCA) Grant
(letter dated March 15, 2016)__________________________________________________________88- --- _
2. Application for a 2016-2019 Department of Homeland Security
Operation Stonegarden Grant
i_(letter dated_March 30, 2016)_______________ _____________________________________ 132-139
10. PUBLIC ITEMS
A.! PUBLIC HEARINGS
1. County Initiated Request to Amend the Text of the Potable Water
and Sanitary Sewer Sub -elements of the County's Comprehensive
Plan
(memorandum dated March 24, 2016) ____________________________ 140-167
Legislative
2. Continued Public Hearing for MPM Seven, LP Request to Rezone
±12.39 Acres from CL to CH and Request to Rezone ±2.79 Acres
from RMH-6 to CL (Appeal of Planning and Zoning Commission
Denial)
(memorandum - dated --Marc16)___________________________________________ 168-243
--------------h _30-, 2 -0 -
Quasi Judicial
B. PUBLIC DISCUSSION ITEMS
None
April 5, 2016 Page 3 of 6
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10.
C! PUBLIC NOTICE ITEMS
None
11.
PAGE
None
t
12. DEPARTMENTAL MATTERS
A! Community Develoument
1. Revised Emergency Services Condition for FPL Okeechobee
County Power Plant Agency Report
_(back-up to be provided later)
B.1 Emergencv Services
None
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C; General Services
1 ,
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None
1, Human Services
None
2. Sandridge Golf Club
None
3, Recreation
None
D! Human Resources
None
E. Office of Management and Budget
I None
April 5, 2016 Page 4 of 6
12.
F j Public Works
PAGE
1. Stormwater Park on Newly Purchased County Property East of
Osprey Marsh
_(memorandum dated March 24-,_2-01.6) 244-246
2. IRC Summer Camp for a Sustainable Future
_ _(memorandum dated March 23-,_2-0-1-6)
----------------------------------------------- 247-268
G. Utilities Services
1. Collier Creek Subdivision Phase 1 Petition Water Assessment
Project UCP 4125, Request for Authorization for the Department of
Utility Services to Proceed with Engineering Design Services and
Retain Carter Associates, Inc. for Surveying Services
__(memorandum dated March 28 2016
------------------------
-------------------------------------------------- 269-280
13.
A! Construction Board of Adjustment and Appeals Appointment
_(memorandum dated March 232 2016
------------------------------------------------------ 281-284 _
14. C IOMMISSIONERS MATTERS
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A, Commissioner Bob Solari, Chairman
1. All Aboard Florida — Additional Actions
-_(memorandum dated March 30, 2016) 285-291
- - --------------------------------------------285-- 1
B; Commissioner Joseph E. Flescher, Vice Chairman
i None
Commissioner C. a Wesley S. Davis
None
D. Commissioner Peter D. O'Bryan
1. Discussion re: Zoning Changes to Restrict Marijuana Sale
Locations
_ _(memorandum dated March 31, 2016
- -- - - -----------
292-309
-------------------------------- _
E.! Commissioner Tim Zorc
None
April 5, 2016 Page 5 of 6
15. SPECIAL DISTRICTS AND
A. Emereency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16.
PAGE
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
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 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircizov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturdav at 12:00 Noon to 5:00,9.m.
April 5, 2016
Page 6 of 6
PROCLAMATION 5A
DESIGNATING THE MONTH OF APRIL, 2016
AS CHILD ABUSE PREVENTION MONTH
WHEREAS, child abuse and neglect is a serious and growing problem affecting more than 3.2
million of our nation's children annually and over 3,500 children locally; and
I
WHEREAS, the abuse and neglect of children can cause severe, costly and lifelong problems,
including physical and mental health problems, school failure and criminal behavior, which affects all
of society; and
WHEREAS, increased public awareness of the devastating problem of child abuse and neglect
is our strongest weapon in the fight to end it, and
1
WHEREAS, community organizations such as Indian River County Healthy Start Coalition,
Healthy Famil des, Exchange Club, TLC Newborn, Belly Beautiful, Parents as Teachers, MomCare,
Boys & Girls Club of Indian River County, Big Brothers Big Sisters, Childcare Resources, Whole Child
and other organizations who make children a top priority and take action to support the physical,
social, emotional, and educational development and competency of all children; and
WHEREAS, during the month of April, Prevent Child Abuse Florida in collaboration with the
Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families,
and the Ounce of Prevention Fund of Florida, will implement Pinwheels for Prevention, a statewide
campaign promi oting awareness of healthy child development and positive parenting practices.
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS, that the month of April, 2016, be designated as CHILD ABUSE
PREVENTION1 MONTH in Indian River County, and all residents are urged to engage in activities
whose purpose is to strengthen families and communities to provide the optimal environment for
healthy child development.
Adopted this 5th day of April, 2016
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
J eph .TI-escher, Vice Chairman
Vy S. Davis',
' ryan
Tim Zorc
L
PROCLAMATION
DESIGNATING THE MONTH OF APRIL, 2016
AS CHILD ABUSE PREVENTION MONTH
WHEREAS, child abuse and neglect is a serious problem for millions of children nationally, in the
State of Florida, and right here on the Treasure Coast; and
WHEREAS, LaVaughn Tilton, a local Philanthropist, founded Hibiscus Children's Center in 1985 with
the vision to provide a safe haven for our community's abused children; and
1
WHEREAS, Hibiscus Children's Center has addressed the ever-changing needs of our community
for over three decades through expanding services such as Mental Health Services which include Infant
Mental Health; Specialized Sexual Abuse Treatment, Community Outreach Services, and Therapeutic
services for children in our residential facilities, and
WHEREAS, as a leader in child welfare services, Hibiscus Children's Center has been at the
forefront of providing prevention, intervention, and recovery services to children and families across the
Treasure Coast, and
WHEREASE, for over 30 years, the mission of Hibiscus Children's Center has never wavered –
every day we maintain a safe shelter for children who are abused, abandoned, and neglected by providing
prevention, residential, assessment, and recovery programs Hibiscus Children's Center also prepares
our childrenfor their future by constructing programs so that our children acquire an education, attain
emotional and physical well-being, achieve career readiness, and gain independent living skills; and
WHEREAS, Hibiscus Children's Center has provided over 250,000 nights of safety to abused
children since our inception in 1985 and continues to provide services to over 1,300 children and families
annually in an effort to prevent and reduce child abuse and to provide the resources that families need to
make our community stronger and a safe place for children.
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS that the month of April, 2016, be designated as CHILD ABUSE
PREVENTION MONTH in Indian River County, and all citizens are urged to use this time to better
understand, recognize, and respond to this grievous problem
Adopted this
is 5th day of April, 2016 BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Tim
2
vBob
�. —1 -
Solari, Chairman
4 W.
N
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-
J ep E Flescher, Vice Chairman
Wesley S Davis -�
Peter D O'Bryan G
Tim
2
PROCLAMATION 53
DESIGNATING THE MONTH OF APRIL, 2016, AS
VOLUNTEER APPRECIATION MONTH
WHEREAS, volunteerism strengthens communities, improves social problems, and enhances
the overall quality of life for all citizens, including children, seniors, those who are disabled,
impoverished! imprisoned, homeless, physically or mentally ill, or otherwise in need of assistance;
and,
WHEREAS, volunteering changes the lives of volunteers in a positive way by increasing self-
confidence, self-esteem and physical wellbeing, offering the chance to make new friends; and
providing opportunities to learn new skills and abilities; and,
WHEREAS, volunteering is proven to have a positive influence on businesses that are socially
responsible by increasing employee morale, loyalty, and teamwork, and building goodwill toward the
company; and,
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WHEREAS, nonprofits, charities, community and faith -based groups, schools, volunteer centers,
and national service programs in Indian River County have joined together with state and local
governments in celebration and praise of volunteers who have given tirelessly and selflessly to the
service of others.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of April, 2016, be
designated as VOLUNTEER APPRECIATION MONTH in Indian River County and the Board
encourages all citizens to promote the spirit of volunteerism; to observe the appropriate activities,
programs and ceremonies supporting volunteerism; and to participate and engage others in
volunteer activities now and for as long as they are able
Adopted this 5th day of April, 2016
V -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chair an
.-__?o Z'
E-. Flescher, Vice Chairman
V�es4ey S Davis
' Ll GGA 9
Peter D. O'�gan
Tim rc-
ki
,5,C
PROCLAMATION
DESIGNATING APRIL 10 THROUGH APRIL 15, 2016 AS
CRIME VICTIMS' RIGHTS WEEK
WHEREAS, victims of crime across America need and deserve support and
assistance to help them cope with the consequences of crime; and
WHEREAS, national Crime Victims' Rights Week offers us all the opportunity to
promote Strength In Unity in helping victims and survivors of crime through a wide range of
supportive services offered by over 10,000 community and justice system -based programs, and
the more than 32,000 federal and state statutes that define and protect their rights; and
WHEREAS, by being united against crime and for victim's rights and services we gain
strength as individuals, as communities, and as a nation as a whole, and offer strength to
victims who seek to recover in the aftermath of crime; and
I
;WHEREAS, America has joined together annually each April since 1981 to recognize
the needs and rights of crime victims and survivors during National Crime Victims' Rights Week.
INOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April 10 through April 15, 2016
be designated as CRIME VICTIMS' RIGHTS WEEK in Indian River County, and the Board
honors crime victims and those who serve them during this week and throughout the year.
Adopted this 5th day p of April, 2016.
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, C airman
Vice Chairman
4
PROCLAMATION s"
DESIGNATING APRIL 1 THROUGH APRIL 30, 2016 AS
WATER CONSERVATION MONTH
IN INDIAN RIVER COUNTY
WHEREAS, water is an essential commodity on which human life — and indeed all life
on Earth depends; and
WHEREAS, clean and sustainable water resources are vital to Indian River County's
economy, i environment, citizens, and visitors; and
WHEREAS, the United States Environmental Protection Agency, State of Florida, Water
Management Districts, and Indian River County are working together to raise awareness about
the importance of water conservation; and
WHEREAS, the demand on public water supplies in Florida is projected to increase
nearly 50 !percent by 2030; and
WHEREAS, water efficiency is the smart use of our water resources through water
saving technologies and simple steps we can take around the house; and
WHEREAS, using water efficiently will help ensure reliable water supplied today and for
future generations; and
WHEREAS, every business, visitor, and resident can make a difference when it comes
to saving water; and
WHEREAS, water conservation is the easiest and least costly approach at preserving
our finite natural resource.
NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, that the month of April 2016 be designated as
WATER CONSERVATION MONTH in Indian River County, and all citizens are encouraged to
use this occasion to increase their awareness of the importance of Water Conservation and
the need to use water more efficiently.
Adopted this 5th day of April, 2016
1
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
i
i
..J se ht. Flescher, Vrce Chairman
Weslgy S. Davi
h
Ti
n
WATER CONSERVATION MONTH
APRIL 2016
CD
L)
#MyWaterPledge
HTTP://WWW.SJRWMD.COM/WATERPLEDGE.HTML
Dr Ann Shortelle
Rip out sod and replace with
mulch to reduce irrigation_
JoannaB., St. Johns County
I will use old water from my
fish tanks to water my house
plants.
WR
4/6/2016
BCC AGENDA
April 5, 2016
INFORMATIONAL ITEM 7 A
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: I Members of the Board of County Commissioners
DATE,: March 21, 2016
SUBJECT: Resignation of Citizen Advocate Representative to the
Transportation Disadvantaged Local Coordinating Board (TDLCB)
FROM: Misty L. Pursel
f Commissioner Assistant, District 1 & Recording Secretary
Mrs. Cookie Geyer has submitted her resignation as a Citizen Advocate Representative
to the Transportation Disadvantaged Local Coordinating Board.
I
Anyone interested in serving on the meeting the Citizens Advocate Representative
requirements, needs to submit an application and resume to Mr. Phil Matson, MPO Staff
Director, Community Development, County Administration Building A, 1801 27th Street,
Vero Ibeach, FL 32960 or pmatsonCa)ircaov.com. Applications can be accessed on-line
at www.ircgov.com/boards/committee applications or at the Board of County
Commissioner's Office.
6
WN
INFORMATIONAL
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: I I Members of the Board of County Commissioners
DATE: iMarch 29, 2016
FROM: Jason E. Brown
Director, Office of Maneme t & Budget
SUBJECT: UPDATE ON ALL AB FLNERO ELECTRIC EXPENSES
Staff U providing an update to the Board of County Commissioners on actual expenses for All
Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses
incurred as of 3/29/16.
I'
ATTACHED:
• I I All Aboard Fl. expenses through 3/29/2016 spreadsheet.
• 11 Vero Beach Electric/FPL/FMPA expenses through 3/29/2016 spreadsheet.
AGENDA ITEM:
BY: ki /
IJose A. Baird
County Administrator
R IAnri
Indian River County roved Date
Administrator
' 3.v
Legal
Budget 3 3 ib
Department
Risk Management
7
All Aboard Florida
Expenses
5/20/2015 Nabors Giblin & Nickerson PA
$500.00 Fees for Legal Services
Indian River County
$28,877.05 Fees for Legal Services
05/12/15 Bryan Cave LLP
$145,105.00 Fees for Legal Services
3/24/15
Litigation- Board Approved a total of $2.7
million FY 14/15 - 16/17 in addition to prior authorizations
$61749 IRC 1/3 Portion of Legal Fees
Icctlt00110214-033110-15023
$5,593.56 IRC 1/3 Portion of Legal Fees
Legal Services
Date
Vendor
Amount
Note
3/16/2016
Bryan Cave LLP
$31,795.61
Fees for Legal Service -Jan 2016 -private activity bonds
3/16/2016
Bryan Cave LLP
$22,207.65
Fees for Legal Services -Jan 2016
2/9/2016
Bryan Cave LLP
$16,410.09
Fees for Legal Service -Dec 2015 private activity bonds
2/9/2016
Bryan Cave LLP
$6,767.90
Fees for Legal Service -Dec 2015
1/20/2016
Bryan Cave LLP
$50,663.10
Fees for Legal Service -Nov 2015 private activity bonds
1/20/2016
Bryan Cave LLP
$20,948.09
Fees for Legal Services Nov 2015
12/8/2015
Bryan Cave LLP
$27,303.95
Fees for Legal Services Oct 2015
12/8/2015
Bryan Cave LLP
$1,245.06
Fees for Legal Services -Oct 2015 private activity bonds
Subtotal Expenses FY 15/16
$177,341.45
9/30/2015
Bryan Cave LLP
$54,812.80
Fees for Legal Services Sept 2015
9/30/2015
Bryan Cave LLP
$7,113.36
Fees for Legal Services -Sept 2015 private activity bonds
9/30/2015
Bryan Cave LLP
$81,436.99
Fees for Legal Services -Aug 2015
9/30/2015
Bryan Cave LLP
$55,354.02
Fees for Legal Services -Aug 2015 private activity bonds
8/28/2015
Bryan Cave LLP
$51,636.09
Fees for Legal Services -July 2015 private activity bonds
8/28/2015
Bryan Cave LLP
$6,307.05
Fees for Legal Services -July 2015
8/12/2015
Bryan Cave LLP
$50,710.86
Fees for Legal Services -lune 2015 private activity bonds
8/12/2015
Bryan Cave LLP
$37,687.25
Fees for Legal Services -June 2015
7/1/2015
Bryan Cave LLP
$178,503.50
Fees for Legal Services -May 2015 private activity bonds
7/1/2015 Bryan
Cave LLP
$37,048.25
Fees for Legal Services -May 2015
7/2/2015 Bryan
Cave LLP
$177,071.70
Fees for Legal Services -April 2015
7/1/2015 Bryan
Cave LLP
$28,871.78
Fees for Legal Services -April 2015 private activity bonds
I
6/18/2015 Nabors Giblin & Nickerson PA
($250.00) Martin county paid 1/2
5/20/2015 Nabors Giblin & Nickerson PA
$500.00 Fees for Legal Services
05/12/15 Bryan Cave LLP
$28,877.05 Fees for Legal Services
05/12/15 Bryan Cave LLP
$145,105.00 Fees for Legal Services
04/20/15 Bryan Cave LLP
$4,107.50 Fees for Legal Services
3/24/15 Nabors Giblin & Nickerson PA'
i
$61749 IRC 1/3 Portion of Legal Fees
2/24/15 Nabors Giblin & Nickerson PA*
$5,593.56 IRC 1/3 Portion of Legal Fees
12/22/14 Bryan Cave LLP
$33,252.60 Fees for Legal Services
12/10/14 Bryan Cave LLP
$79,962.30 Fees for Legal Services
Subtotal Expenses FY 14/15
$1,064,319.15
9/30/14 Bryan Cave LLP
$26,975.60 Fees for Legal Services
9/30/14 Bryan Cave LLP
$638.70 Fees for Legal Services
9/17/14 Bryan Cave LLP
$937.50 Fees for Legal Services
I Subtotal Expenses FY 13/14 $28,551.801
'Split between St.Lucie, Indian River, and Martin Counties
1/26/2016 i Federal Express
1/25/2016 VB Court Reporting
Subtotal Expenses FY
Other Professional Services
$6.85 Shipping
$417.50 IRC vs Rogoff
$424.35
9/30/2015 Dyland Reingold
$412.00 Reimburse for case filing
9/16/2015 Federal Express
$3.92 Shipping
8/25/2015 i Railroad Consultant Group
$36,053.97 Rail Safety Study
8/25/2015 Railroad Consultant Group
$435.00 Rail Safety Study
7/14/2015 Federal Express
$6.31 Shipping
7/2/2015 ,William M Sampson
$6,875.00 Rail Crossing Analysis
6/16/2015'FederalExpress$7.84
Shipping
6/10/2015 Dylan Reingold-travel to Wash DC
$446.11 Preliminary Hearing
5/12/2015 (Treasury of the United States
$570.00 Public Records
Subtotal Expenses FY 14/15
$44,810.15
F•\Budget\All Aboard FL Expenses
All Aboard Florida Expenses
Indian River County
AI ct#00110214-034020-15023 All Travel
1/6/2016 MHG Tallahasse AL P $149.00 Dylan Reingold
12/16/2015 Kimberely, Graham $901.76 Fed Railway Assoc. Mtg-Washington DC
12/2/2015 Kate Cotner -FAC Legislative Conference $1944
Subtotal Expenses FY 15/16 $1,070.20
9/8/2015 Dbubletree Orlando $271.36 Orlando -Travel -Fl. Dev Finance Corp
8/26/2015 Dylan Reingold $75.26
8/26/2015 Kate Cotner -$5.36 Orlando -Tavel -FI Dev Finance Corp
Subtotal Expenses FY 14/15 $341.26
ACct#11124319-033190
Other Professional Services
7/02/15 CDM Smith Inc
$23,454.00 Work Order 10 EIS
1/02/15 CDM Smith Inc
$6,973.40 Work Order 13 Noise Monitoring
1/02/15 Ci DM Smith Inc
$2,122.50 Work Order 10 EIS
11/26/14 CDM Smith Inc
$5,605.00 Work Order 30 EIS
11/21/14 CDM Smith Inc
$6,585.80 Work Order 13 Noise Monitoring
Subtotal Expenses FY 14/15
$44,740.70
9/30/14 CDM Smith Inc
$1,937.00 Work Order 13 Noise Monitoring
9/30/14 CDM Smith Inc
$8,077.00 Work Order 10 EIS
8/29/14 CDM Smith Inc
$4,135.00 Work Order 10 EIS
8/08/14 CDM Smith Inc
$3,125.00 Work Order 10 EIS
Subtotal Expenses FY 13/14
$17,274.00
Total expenses FY 13/14 $45,825.80
Totalexpenses FY 14/15 $1,154,211.26
Total expenses FY 15/16 as of 3/29/16 $178,836.00
Total expenses processed as of 3/29/16 $1,378,873.061
I
Total Board authorized budget for FY 15/16 $1,100,000.00
Total Board au thorized budget for FY 14/15 $1,287,985.00
F•\Budget\AII Aboard FL Expenses
Indian River County
Vero Beach Electric/Florida Power & Light/FMPA expenses
ILegal Services
2/9/2016 Berger Singerman
Acct# 00410214-033110-15024
$1,265.00
1/20/2016
Berger Singerman
$11,722.50
$4,090.00
12/22/2015
Berger Singerman
$15,090.00
$71.76
12/8/2015
King Reporting & Video
$457.75
11/17/2015 Berger Singerman
$2,172.50
Subtotal Expenses FY 15/16
$30,707.75
9/30/2015 Berger Singerman
$5,462.50
9/21/2015 Berger Singerman
$25,370.00
8/18/2015 Berger Singerman
$10,150.00
7/22/2015 Berger Singerman
$7,855.00
7/1/2015 Berger Singerman
$29,622.50
6/3/2015 Nabors Giblin & Nickerson
$312.50
5/20/2015 Carolos Alvarez,Esq
$1,878.10
4/20/2015 Gonzalez Saggio & Harlan
$10,582.50
4/2/2015 Gonzalez Saggio & Harlan
$26,713.48
3/23/2015 Gonzalez Saggio & Harlan
$10,312.50
3/23/2015 Nabors Giblin & Nickerson
$4,161.72
2/2/2015 Gonzalez Saggio & Harlan
$22,882.98
1/16/2015 Gonzalez Saggio & Harlan
$16,610.00
12/3/2014 Gonzalez Saggio & Harlan
$8,824.24
Subtotal Expenses FY 14/15
$180,738.02
9/30/2014 Gonzalez Saggio & Harlan
$7,821.90
9/30/2014
Gonzalez Saggio & Harlan
$30,144.31
8/15/2014
Gonzalez Saggio & Harlan
$12,292.50
7/22/20I14
Gonzalez Saggio & Harlan
$8,415.00
Subtotal Expenses FY 13/14
$58,673.71
Other Prof. Services /Legal Advertising
3/24/20.16 RW Wilson & Assoc
$4,090.00
3/24/20 16 RW Wilson & Assoc
$4,090.00
I
2/9/20116 Federal Express
$4.85 -
1/20/20116 RW Wilson & Assoc
$4,090.00
1/8/2016 RW Wilson & Assoc
$4,090.00
12/22/2015 RW Wilson & Assoc
$4,090.00
Subtotal Expenses FY 15/16
$20,454.85
9/30/2015 RW Wilson & Assoc
$4,090.00
9/11/2015 RW Wilson & Assoc
$4,090.00
8/14/2015 RW Wilson & Assoc
$4,090.00
7/21/2015 Kate Cotner Reimbursement
$50.00
7/10/2015 RW Wilson & Assoc
$4,090.00
5/26/2015 RW Wilson & Assoc
$4,090.00
5/21/2015 Scripps Treasure Coast
$71.76
10
3/4/2015 RB Oppenheim Assoc
$4,625.00
2/13/20115 FMPA-copy of audio
$119.13
1/16/20115 Scripps Treasure Coast
$70.98
11/19/20 4 Scripps Treasure Coast
$63.96
Subtotal Expenses FY 14/15
$25,450.83
9/30/2014 Scripps Treasure Coast
$87.36
9/10/2014 Scripps Treasure Coast
$88.92
Subtotal Expenses FY 13/14
$176.28
Travel
3/16/2016 Dylan Reingold-FL Senate Committi
$394.25
1/20/2016 Dylan Reingold-FMPA mtg/Tallahas
$372.39
1/6/2016 Dylan Reingold-FMPA mtg/Tallahas
$149.00
10/12/2015 Dylan Reingold-Joint Legislative mtj
$437.53
Subtotal Expenses FY 15/16
$1,353.17
8/26/2015 Dylan Reingold-FMPA mtg/Tallahas
$75.26
8/26/2015 Kate Cotner-FMPA mtg/TallahasseE
$36.00
Subtotal Expenses FY 14/15
$111.26
Total expenses FY 13/14
$58,849.99
Total expenses FY 14/15
$206,300.11
Total expenses FY 15/16 as of 3/29/16
$52,515.77
Total expenses processed as of 3/29/16
$317,665.87
Budget Authorization
10/1/2015 FY 15/16 Budget
9/15/2015 Legal Services
5/
15 Legal Services
14 Legal Services
Total Board Authorized Bu
Budget
$50,000.00
$60,000.00
$130,000.00
$100,000.00
$340,000.00
Remaining Balance $22,334.13
11
Dylan Remgofd, Counter attorney
William K. DeBraal, Depute County attorney
Kate Pingolt Cotner, Assistant County Attorney
Informational Item - B C.C. 4 5 16
Ofc of
INDIAN RIVER COUNTY
ATTORNEY
�7C
MEMORANDUM
TO: Board of County Commissioners
FROM: Kate Pingolt Cotner, Assistant County Attorn ` v
DATE: March 30, 2016
SUBJECT-' 2016-2017 State Legislative Final Report
i
BACKGROUND: The Indian River County Board of County Commissioners (the "Board") approved its
initial list of priorities for the 2016-2017 State of Florida legislative session in June of 2015. Thereafter,
the list of priorities was amended in August of 2015, December of 2015 and February of 2016.
The 2016-2017 State of Florida legislative session was held from January 12, 2016, to March 11, 2016.
During this'time, a number of bills which would have had significant adverse impacts on home rule were
introduced in both chambers, including measures relating to the costs of cremation certificates, the cost of
relocating utility lines, the redirection of local tourist development tax funds, and the timing of referenda
relating to ithe use of local surtaxes. Indian River County's lobby team worked hard, along with the
Florida Association of Counties, to defeat or amend all of the legislation that the Board actively opposed.
i
Also, Indian River County's lobby team worked hard to assist the Florida Association of Counties and
Senator Latvalla in successfully ending a long-standing contentious issue between the Legislature and
local governments concerning the costs associated with securing juvenile offenders.
Finally, although the Florida Legislature did not pass legislation concerning the Florida Municipal Power
Agency ("FMPA"), HB 579 passed out of two committees and SB 840 passed out of one committee.
Indian River County's lobby team and the County Attorney's Office plan on utilizing this momentum and
the relationships we have developed with other communities•and legislators in the upcoming session.
ATTACHMENT(S). Copy of Indian River County's 2016-2017 State Legislative Final Report.
Approved for April S, 2016 BCC Meeting
Informational Itein
Indian River Co. Appr ved Date
Admin. l
Co Att 1:
Budget
Department
Risk Management - ---
12
1.2016-2'017 LEGISLATIVE PRIORITIES.
The following is a list of Indian River County's legislative priorities and positions for the 2016-2017
State of Florida legislative session. Not all of the listed priorities were considered by the Florida Legis-
lature. ne priorities that were considered by the Florida Legislature are discussed in subsequent sec-
tions.
1.1 CANAVERAL PORT AUTHORITY FOREIGN TRADE ZONE
Indian River County BCC SUPPORTED an amendment to the Canaveral Port District Charter to
remove the current laneuage which limits the foreign trndP 7nnP hn„nrlar, to Rr, varrt Cn„n",
1.2 INDIAN RIVER LAGOON
Indian River County BCC SUPPORTED legislation to appropriate funding for local government
projects and programs that will enhance the economic wellbeing of Indian River County by treating
and monitoring the health of the Lagoon.
Indian River County BCC SUPPORTED an appropriation of $2.5 million in matching funds for the
City of Sebastian septic to sewer project. It is axiomatic that aging septic tanks are hazardous to both
Florida's groundwater and Florida's fragile water systems. The project would convert the aging septic
tanks found in the downtown commercial district as well as the residential properties along the La-
goon to the County -operated sewer system. The project's elimination of aging septic tanks will de-
crease the level of pollution in the Lagoon. The project will also increase the economic development
of commercial properties along the east side of US Highway 1 as well as the riverfront area of the City
of Sebastian. This will certainly lead to additional employment and economic activity within both the
project arlea as well as within Indian River County.
Indian River CountyBCC SUPPORTED an appropriation of 300 000 in matching funds to enhance
$ g ace
Indian River County's PC Main Screening System ("Main Screening System"). The Main Screening
System is� located in the City of Vero Beach and treats the Main Relief Canal which flows directly into
the Lagoon.
Indian River County BCC SUPPORTED an appropriation of $150,000 in matching funds for the
Indian River County Aquatic Plant Program. This is a pilot program that would use a combination of
aquatic plants to remove pollution from the canals within the Indian River Farms Water Control Dis-
trict.
13
1.3 BEACH RESTORATION AND NOURISHMENT
Indian River County BCC SUPPORTED the continuation of a statutory funding source for beach
restoration and nourishment projects with an increase over the current amount of $30 million, which
is no longer sufficient to sustain this important program.
Indian River County BCC SUPPORTED $1,125,000 in matching funds for Sector 3. This project
consists of the restoration and maintenance of approximately 35,000 feet (6.6 miles) of shoreline. Dur-
ing the winter of 2014/2015, approximately 173,068 cubic yards of upland was delivered, placed and
graded above mean high water line to repair the damage that was caused by Hurricane Sandy. The re-
questedfunds would be used for continued permit required post construction monitoring as well as
the design, permitting, and construction of the required Sector 3 mitigation reef.
Indian River County BCC SUPPORTED $50,000 in matching funds for Sector 5. This project con-
sists of the restoration and maintenance of 14,250 feet (approximately 2.7 miles) of shoreline. The re-
quested funds would be used for technical support, project feasibility, design and permitting, including
the preparation of an Environmental Impact Statement (EIS) for the project. The funds may also be
used for further investigation of the nearshore hardbottom habitat.
1.4 ALL ABOARD FLORIDA
Indian River County BCC OPPOSED any state funding for AAF and its passenger rail project; and
SUPPORTED legislation that would regulate higher speed rail in the State of Florida to ensure that
the maximum "sealed corridor" safety requirements are installed at every at grade railroad crossing.
1.5 COUNTY FUNDING OF COURT RELATED FUNCTIONS
Indian River County BCC SUPPORTED legislation which would remove the automatic 1.5% in-
crease in funding for Court related functions, and SUPPORTED legislation which would both in-
crease thel service fee charged for recording documents and instruments and increase the amount dis-
tributed to the board of county commissioners to be used exclusively to fund court -related technology.
1.6 TRANSPARENCY, ACCOUNTABILITY, AND OVERSIGHT OF THE
FLORIDA MUNICIPAL POWER AGENCY (FMI JLPA)
Indian RiN er County BCC SUPPORTED legislation that would require greater transparency and ac-
countabili�y by the Florida Municipal Power Agency (FMPA) to its member municipalities and rate-
payers, as well as representation on its governing bodies by senior local government officials.
1.7 OUT -OF -NETWORK EXPENSES FOR EMERGENCY
Indian River County BCC OPPOSED legislation that limits the ability of local government EMS pro-
viders to be reimbursed for providing advanced life services (ALS) services to patients who have out -
of -network providers.
2 14
1.8 COUNTY SHARE OF COST FOR MEDICAID SERVICES
inwan River County 15u_ JUYYVKI-K1J legislation which would establish a 3% cap on growth in
the individual county Nledicaid costs under s. 409.915, F.S., and OPPOSED efforts to further shift
state Medicaid costs to counties.
1.9 UTILITY RELOCATION
Indian River County BCC OPPOSED legislation requiring counties to pay for the relocation of pri-
vate utilities when such utilities are located within a county -owned right-of-way and must be moved to
accommodate a county project.
1.10 TOURIST DEVELOPMENT TAXES
Indian River County BCC OPPOSED legislation which would mandate local governments to redirect
a portion, of the locally -collected tourist development tax funds away from the promotion of local
tourism, and OPPOSED legislation which redirects a percentage of tourist development tax funds
collected by local governments to sunt>ort Visit Florida.
1.11 DEPARTMENT OF JUVENILE JUSTICE
Indian River County BCC SUPPORTED legislation which would modify the State of Florida's Cost
Sharing Program for secured juvenile detention so that the non -fiscally constrained counties would
pay no more than 50% of the actual costs associated with juveniles who reside within their jurisdiction.
3 15
2.
2.1 WATER PROJECTS
General Local Water Projects - $81.8 million ($20,170,750 vetoed)
Indian Ri� ver Co. Pilot .'aquatic Plant -Based Poll. Removal System - $150,000 (Vetoed)
2.2 BEACH RESTORATION
General Beach Projects - $32.6 million
Wabasso Beach Restoration (Sector 3) - $900,000
16
3.
3.1 JUVENILE DETENTION COSTS (SB 1322 & HB 1279)
Background.• In 2004, the Legislature enacted statutes requiring joint financial participation by the
state and,counties in the provision of juvenile detention. The statute makes counties responsible for all
pre-dispositional detention costs, while the QJ is responsible for post-dispositional detention costs,
costs for detention care in fiscally constrained counties, and costs for the detention of out-of-state
youths. The DJJ's apportionment of costs has been a source of administrative litigation by counties,
with some counties disputing the DJ)'s rules and interpretation of the financial apportionment statutes.
Legislation: For Fiscal Year 2016-2017, each non -fiscally restrained county will pay its proportional
share of $42.5 million. Beginning in the Fiscal Year 2017-2018 and for every fiscal year thereafter, non -
fiscally constrained counties are required to annually pay a total of 50 percent of the total shared deten-
tion costs for the prior, calendar year. If this legislation becomes law, all of the litigating counties have
agreed toy dismiss their individual cases against the Department of Juvenile Justice with prejudice.
Effective: On March 29, 2016, this legislation was signed into law by the Governor. This legislation is
effective upon becoming law.
5 17
4.
f 4.1 MUNICIPAL POWER REGULATION (SB 840 & HB 579) I
Background,• In 1978, the Florida Municipal Power Agency (FM -PA) was created by inter -local agree-
ment for, the purpose of providing electric power to under -served municipalities. The FA4PA serves
about 311 municipalities. The FMPA is governed by a Board of Directors; with one member appointed
by each member municipality. Except in cases involving the ARP, the Board decides all issues concern-
ing each lof FMPA's power supply projects, including the approval of rate structures. Rate structures
for ARP projects must be submitted to, and approved, by the FMPA's Executive Committee. As per
Florida law, all meetings of these respective bodies that involve rate setting and discussion of the budg-
et must be open to the public. Following the 2014-2015 audit, the auditor general found evidence of
significant financial mismanagement and has made recommendations to improve transparency within
the FMP'A.
Legrs,Jon: The legislation as originally filed would have (1) promoted transparency by
requiring an
annual gancial
report to be prepared and presented to the Public Service Commission, Public Coun-
sel, and each member municipality; (2) promoted accountability by requiring that each appointed board
member be an elected official with a fiduciary duty to protect public funds and to serve the community
they represent; (3) promoted oversight by placing the FMPA under the jurisdiction of the Public Ser-
vice Commission with the exception of setting rates and service.
Amended. The legislation was significantly amended to require the FIN
VA gmcantl y } q SPA to submit to the PSC and
all it member municipalities independently prepared financial statements for each individual generating
asset on an annual basis. It also requires members of the Board and the Executive Committee be elect-
ed officials. Current members may continue to serve until July 2018.
Update: !The legislation died in committee. Initially, opponents of the bill refused to negotiate, but
when thel bill moved late in the Senate, some productive conversations took place. Indian River Coun-
ty will continue to work throughout the summer with representatives of the FMPA to come to an ac-
ceptable resolution for the City of Vero Beach and other cities that want to exit the organization.
14.2 ALLOCATION OF COURT COSTS (HB 573)
Background.Counties are permitted to assess a $65 court fee to be expended as follows: 25% to
court innovations; 25% to legal aid; 25% to law libraries; 25% to juvenile programs such as teen court,
juvenile assessment centers, other alternative juvenile programs; and remaining balance in fee account
must be applied towards innovations.
Legislation: This legislation would have increased flexibility in the ways the funds can be spent by
removing the distribution restrictions to allow fee revenue to be allocated towards any local court pro-
grams, as I prioritized by circuit judge and county commission. It also would have clarified that the fee
may be expended on any "local requirement" as defined in s. 29.008(2)(a)2, F. S., including any prob-
lem -solving courts as defined in s. 910.035, F.S. Finally, the legislation would have improved transpar-
ency for fee expenditures and results in a more efficient budgeting process for the revenue generated.
Update. The House Bill never received a Senate companion and it died in committee. The County will
continue to work with the Florida Association of Counties to make court costs a priority.
6 18
5.
15.1 WASTE MANAGEMENT (SB 1192 & HB 1387)
Background.• Under s. 403.70605, F.S., local governments that provide specific solid waste collection
services in, direct competition with private entities must comply with the provisions of local environ-
mental, health, and safety standards that are also applicable to a private company providing such collec-
tion services in competition with the local government.
Legislation: The legislation would have amended provisions regulating local government competition
with solid waste collection companies to include disposal and recycling. Specifically, the legislation re-
quired a 1 f al government to give a 3 year notice to a private waste company if it chose to displace the
private company from providing collection, disposal, or recycling services. If this legislation were suc-
cessful, it could have interfered with Indian River County's ability to meet the statutory requirement to
recycle 75 "of its solid waste by the year 2020. If the County finds itself in a position where it is not
meeting the statutory requirements, it may be forced to choose between (1) an enforcement action by
the State of Florida or (2) complying with the statute but displacing a private company for one or more
of the referenced services and getting sued by the private entity.
I
Update: This legislation died on the calendar. The County anticipates that this legislation will return
next year.
15.2 MEDICAL ExAMINERS ($B 620 & HB 315) I
Background.• Current law requires a state medical examiner to carry out an examination or autopsy on
any person who died under traumatic, suspicious, or otherwise unusual circumstances; who at time of
death was unattended by a physician; or whose body is to be cremated, buried at sea, or dissected, in or-
der to properly ascertain the cause of death. Although the governor appoints the state's medical examin-
ers, the counties in whose jurisdictions their districts overlap are responsible for compensating them,
either through a direct fee agreement or through the county's budget allocations. The fees charged by
the countie's vary by location.
="nd"laulto
aon: The legislation would have prohibited medical examiners from charging a fee for examina-
psy servicesthat a medical examiner is required to perform by law for cremation services.
If this legislation were successful, the medical examiner for the 19th district would need additional fund-
ing from Iridian River County as well as Martin County, St. Lucie County and Okeechobee County.
Update: This legislation originally died in committee. The House sponsor placed the language into a
Departmenit of Health bill but it was successfully taken out. During the last week of session, the House
sponsor resurrected this legislation but it eventually died in messages.
7 19
r
5.3 MILLAGE RATES (HB 1015 & SB 1222)
Background: Property tax rates (i.e., millage rates) are set by local government governing boards each
year and applied to local property tax bases to generate funding for local government uses. During the
economic downturn, Indian River County chose to be a good steward and levied a millage rate lower
than what was permitted by law in an effort to assist its citizens in recovering from the econonuc crisis.
In 20071 2008, Indian River County reduced its total millage rate of the general fund, MSTU, and
Emergency Services by 30%. To this day, Indian River County chooses to levy a millage rate that is
lower than what is permitted by law because its citizens are still in the process of recovering from the
economic downturn. Pursuant to current law, Indian River County has earned roll -back credits
throughout the years. Historically, Indian River County has never used any of its earned roll -back cred-
its. However, in the event that it would need to open a new fire station, Indian River County might
need to use the roll -back credits it has earned.
Legislation: This legislation would have changed the formula for calculating the simple majority vote
maximum millage rate. Instead of using a rolled back rate assuming the previous year's maximum rate
was levied, the revised formula uses a rolled back rate using the prior year's aclual levy. As such, the
legislation would have locked Indian River County into levying the lower millage rate from the pre-%ri-
ous year, Iand would have prohibited Indian River County from redeeming its earned roll -back credits.
The legislation would have punished Indian River County, the City of Sebastian, the City of Vero
Beach, the City of Fellsmere, the Town of Indian River Shores and the Town of Orchid for being
good stewards in the past.
Amended. Representative Mayfield recognized P } gru ed that the proposed language was going to negatively
impact her community as well as countless other communities. After meeting with the sponsor of the
bill, Representative Mayfield successfully offered a friendly amendment which deleted the harmful lan-
guage from the amendment to HB 1015 thus protecting our fiscally responsible local governments.
Update: The legislation died on the calendar. The County anticipates that this legislation will return
next year.,
5.4 SPECIAL DISTRICTS (HB 745 & SB 516)
Background.Special districts are governed according to chapter 189, Florida Statutes, the "Uniform
Special District Accountability Act." Florida law requires that certain information, including financial
information, be placed onto a website for the public to access.
Legislation: The proposed legislation would have substantially changed the manner by which all spe-
cial districts are required to provide budget information to the public. The bill would have required
each special district to publish a version of its budget online that would allow the public to view the
information in a variety of specific graphical and tabular formats and access multiple types of detailed
financial information simultaneously. If this legislation were successful, it would have a negative impact
on Indian 'River County, as well as other local governments, because it would require the purchase of
very specific software to be able to comply with the legislation.
Update: The legislation died in committee. The County anticipates that this legislation will return next
year.
8 20
6.
16.1 LOCAL Tax REFERENDA (SB 1100 & HB 791)
Background.• Section 212.055, F.S., provides counties limited authority to levy discretionary sales sur-
taxes for `specific purposes on transactions subject to state sales tax. Discretionary sales surtaxes are
generally subject to approval by a majority of the qualified electors in a referendum.
Legislation: The bill as originally filed would have required any referendum to levy a discretionary
sales surtax to be held on the day of the general election and approved by 60 percent of electors voting
before going into effect. The bill also would have prohibited any county or school district from spend-
ing funds ito promote a surtax referendum, except where such funds were specifically appropriated for
that purpose. Indian River County, as well as most local governments that levy a discretionary sales
surtax, opposed this legislation.
Amended. • The legislation was amended to require any referendum to levy a discretionary sales surtax
held on the day of the general election to be approved by a majority of electors voting and any referen-
dum to lel y a discretionary sales surtax held during a primary or presidential preference primary elec-
tion to be approved by 60 percent of electors voting. The bill specifically prohibited any referendum to
levy a disc, etionary sales surtax from being held during a special election
Update: f.The legislation died in committee. The County anticipates that this issue will be back next
16.2 COVERAGE FOR EMERGENCY SERVICES (SB 1442 & HB 221)
Backgrodnd: When an insured patient stays or is transported to a pre -approved hospital and under-
goes treatment by a specialist and/or emergency ambulance personnel who may work with the hospital
but who are not considered hospital employees, the services performed are not always covered by the
patient's insurance. As such, an HMO, PPO, or EPO member may end up paying significant out of
pocket expenses for care they received from non -hospital personnel while undergoing treatment at a
mem bera cility. This is known as balance -billing. While Florida Law does address the reimbursements
made by HiIN4Os, the same rules do not apply to PPOs and EPOS.
Le slatil: The bill as originally fled would have required PPOs and EPOs to reimburse non -
providers a "reasonable" amount for the care and services rendered, or an amount mutually agreed to
between the insurer and the non -participating provider. This legislation would have impacted the Indi-
an River County Emergency Services District's ability to be reimbursed for providing advance life ser-
vices and basic life services to patients who have out -of -network providers. County staff estimated that
the fiscal impact of this legislation could decrease billing revenues anywhere from 10%-15% ($500,000
- $800,000):
Amended.• The legislation was amended to only apply to circumstances where care was provided in
hospitals and like facilities. This amended language does not apply to ENIS services.
Update: The legislation passed both chambers. It has not been presented to the Governor for signa-
ture yet.
21
6.3 LOCATION OF UTILITIES (SB 416 & HB 461)
Bac�oun& Historically, absent an agreement providing otherwise, utility companies generally have
been required to pay for the relocation of a utilit , line or facility whenever such relocation is necessary
for the use, maintenance, improvement, extension, or expansion of a public road, highwa}�, or publicly
owned rail corridor.
In 2014 the Florida Second District
� Court of Appeal held that a utility is required to pay to move its
utility lines from one public utihty easement to another public utility easement as part of a city's road
construction project (Lee Count , Electric• Coop. Inc. a Cite of Cape Coral, Case No. 2D10-3781, H. 2nd Dist.
Ct. App[ 2014). In that case, the court held that the local electric utility was responsible for relocation
costs toy move power lines from an easement that had been created by recorded plat, referencing s.
337.403(1), F.S., which requires a utility, upon 30 days notice, to remove any lines or facilities "placed
upon, under, over, or along ary public road or publicly owned rail corridor" that is found by the author-
ity to bel"unreasonably interfering" with the use, expansion, improvement, or maintenance of the thor-
oughfare.
In 2015, the County opposed SB 896, which would have, among other things, revised the statute to
specify that the utility lines must be uithin the right of way (as opposed to alongside it) in order for the
utility to;be liable for relocation costs, but the bill did not make it through the legislative process.
Legislation: The bill as originally filed revised the responsibility to bear relocation costs from the utili-
ty owner to the state or local government when the utility lines are located within public rights-of-way.
This effectively would have shifted the costs currently borne by the utility company to taxpayers. Indi-
an River County opposed this legislation because the majority of the utility lines within the Countv are
within public right-of-ways.
Amended The legislation was amended very early in the process to only require local governments to
be responsible for the costs associated with relocating utility lines when they are located in public utili-
ty easements that run along local government rights-of-way. Considering 95% of the utility facilities
within Indian River County fall within the public right-of-way, and not public utility easements, the
County took a neutral position on the legislation.
I
Effective: This legislation was signed into law by the Governor on March 10, 2016. This legislation is
effective i upon becoming law.
6.4 CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR LIFE
SUPPORT OR AIR AMBULANCE SERVICE (SB 742 & HB 517)
Background.In Florida, pre -hospital emergency medical services are divided into two categories;
Basic Lifel Support Services (BLS) or Advanced Life Support Services (ALS), the former involving non
-invasive medical care to preserve a patient's vital signs, and the latter involving more invasive tech-
niques (medications, intravenous fluids, etc.). An EMT or other first responder expected to provide
either form of care must be licensed by the state's Department of Health. In order to be licensed, a
Certificate of Public Convenience and Necessity (COPCN) must be granted to the applicant by the
counties in which the applicant is planning to work. Even though it is a mandatory pre -requisite to ob-
taining DOH licensure, under current law counties are allowed, but not required, to issue COPCNs
and establish standards for the issuance of those certificates.
10 22
Legislation: The bill as originally filed amended s. 401.25, F.S., to require, rather than alloNv, counties
to adopt ordinances for reasonable standards for the issuance of certificates of public convenience and
necessity (COPCN) for the provision of basic or advanced life support services or air ambulance ser-
vices. The bill details certain standards that must be included in such an ordinance, and also creates a
specific appeals process for applicants whose COPCNs are denied by a county. Indian River County
opposed this legislation because it was concerned that the legislation would lead to confusion and a
break in the chain of custody for a patient.
Amended. The legislation was amended to only apply to a approximately } pp } 6 counties within the State of
Florida (I'ndian River County did not qualify). Specifically, the legislation would require counties with
three or more independent special fire rescue districts to adopt an ordinance establishing reasonable
standards for the issuance of a COPCN for Advance Life Services (ALS) and Basic Life Services (BLS)
transport+services byJanuary 1, 2017. The ordinance must also provide a quasi-judicial review ew process
for the approval or denial of the application and allow an applicant whose COPCN application is de-
nied to appeal the county commission's decision in the circuit court with jurisdiction over the county.
Update: The legislation died in committee. The County anticipates that this issue will be back next
year.
11 23
7.
17.1 BUILDING CODES (SB 704 & HB 535)
Legislation: This legislation makes a large number of changes to the Florida Building Code. During
the last week of session, some language was added to the bill which requires local governments to
place all iof its permit applications online (i.e. pdf format). It also requires local governments be able to
accept permit applications electronically. This can mean aria email if the local government does not
have the} software for e -permitting. This was classified as a "soft push" for local governments to move
in the direction of e -permitting.
.Effective: This legislation was signed into law on March 28, 2016. The County has until October 1,
2017, to implement the changes.
7.2 REDUCED FEES FOR COUNTY AND MUNCIPAL PARKS (SB 1202 & HB
1321 )1
Legislation: This legislation requires counties and municipalities to provide a partial or a full discount
on park entrance fees to the following people: military members, veterans, and the spouses and parents
of deceased military members and first responders.
Effective: This legislation was presented to the Governor on March 22, 2016. If the legislation be-
comes law, it will take effect on July 1, 2016.
7.3 ALCOHOLIC BEVERAGES AND TOBACCO ' (SB 698 & 1079 HB )
Legislation: The legislation expands a law which allows "civic organizations" to receive up to three
temporary alcoholic beverage permits per year. The legislation allows municipalities, counties, and
nonprofit civic and charitable organizations to be issued up to 12 temporary alcoholic beverages per-
mits per calendar year. However, there are a number of conditions. The first condition is the county or
municipality must first solicit a qualified civic or charitable organization to conduct the sales and be
unable to Ifind such an organization in a reasonable and practical time frame. The second is if a county
or municipality receives a temporary alcoholic beverages permit, it is required to donate all net profits
from the sale of alcoholic beverages to a nonprofit civic or charitable organization within 90 days of
the event.
This legislation also creates a special license for passenger railroad transit stations. Specifically, a rail-
road transit station is permitted to obtain a license to sell beverages mentioned in the Beverage Law
upon the payment of an annual license tax of $2,500 to the division. Licenses issued to railroad transit
stations would not be subject to the quota licenses restrictions that limit the number of such licenses
that may be issued per county. A license issued to a railroad transit station may not be transferred to
locations beyond the premises of the railroad transit station. The bill prohibits municipalities and
counties from requiring any additional license or levying any tax for the privilege of selling alcoholic
beverages.
Effective: This legislation was signed into law on March 28, 2016, and is effective as of July 1, 2016.
12 24
7.4 GROWTH MANAGEMENT (SB 1190 & HB 1361)
Legislation: This legislation allows a county governing board to hold joint public meetings with the
governing body or bodies of one or more adjacent municipalities or counties to discuss matters regard-
ing land idevelopment or other multi -jurisdictional issues. The meeting location must be within the ju-
risdiction of one of the participating municipalities or counties.
The legislation also (1) authorizes a local government to approve the exchange of one approved devel-
opment Developments of Regional Impact (DRI) land use for another so long as there is no increase
in impacts to public facilities; (2) authorizes reductions in height, density, or intensity in DRIB without
losing vested rights; (3) decreases the minimum required acreage for application of a sector plan from
15,000 acres to 5,000 acres; (4) increases the size of an enclave that a municipality may annex using the
expedited method from 10 acres to 110 acres; clarifies that certain proposed developments that are
currently consistent with the local government comprehensive plan are not required to be reviewed
pursuant to the State Coordinated Review Process for comprehensive plan amendments; and (5) pro-
vides that non-voting military representative of a county or local government land planning or zoning
board is not required to file a statement of financial interest as is required of other board members.
Effective. . This legislation was signed into 1
I gl gn o aw b3 the Goy ernor on March 25, 2016, and takes effect
July 1, 2016.
13 25
• Legislation Relating to Municipal Power Re"tion —See page 6
• _,egisiation Kelating to Allocation of Court Costs — See page 6
f
• Le1siation I Kelatmg to Waste Management — See page
• Lee station Rel ting to Millage Rates — See page 8
Legislation Relating to Special District — See page 8
i
• Le®dation Relating ro Local Tax Referenda — See pages 9
• Legislation Relating to Firefi hters
The County anticipates legislation which declares a firefighter employed full-time by a state of
local govIOrnment that has a condition which is caused by multiple myeloma, non-Hodgkin's lympho-
ma, prostate cancer or testicular cancer, and which results in total or partial disability or death, is pre-
sumed to have been suffered "in the line of duty" unless the contrary is shown by competent eV1_
dence. r
In. order to be entitled to the referenced presumption, a firefighter must have (1) successfully
passed a pre-employment physical examination. that did not reveal any evidence of a health condition;
(2) been employed as a firefighter with the current employer for at least 5 continuous years before be-
coming disabled or before the employee's death;. (3) not used tobacco products for at least 5 years be-
fore becoming disabled or before the employee's death; and (4) not been employed during the preced-
ing 5 years in any other position that is proven to create a higher risk for the named diseases.
•
Legislation Relating to Fracking
The County anticipates legislation which would create a permitting system for high-pressured
well stimulation or "fracking." One point of contention for most local governments is whether the
legislation will preempt the existing ordinances of many local governments throughoutthe State of
Florida.
14 26
PROCLAMATION 7P
' Celebrating the Golden Grads of VBHS
WHEREAS, the first official Vero Beach High School opened in 1925. The High School was located two
blocks north' n 19th Street, where the Freshman Learning Center stands today, and,
WHEREAS, the Class of 1926 was the first class to graduate from VBHS' original location and the Class
of 1964 was the last class to graduate from the original location, and
WHEREAS, after Vero Beach High School moved to its present-day location in 1965, the old high school
became Vero Beach Junior High School, and VBHS took on a new official name, Vero Beach Senior High
School, and, I
WHEREAS, Vero Beach High School was the only public high school in Indian River County from the
early 1970's to the completion of Sebastian River High School in 1994, and,
1
WHEREAS, graduates of Vero Beach Senior High School, Buddy Provost (Class of 1963), and Gene
Bishop (Class! of 1964), wanted to meet classmates they had known in school and invited several classmates
from Classes 'of 1962 through 1964 to an old fashion picnic at The River House; and,
WHEREAS, the VBHS Golden Grads began in 2014 with an annual celebratory picnic limited to those
who attended or graduated from VBHS 50 years ago or more, and,
I
WHEREAS, this year's annual Golden Grads of VBHS (Classes 1926 through 1966) celebratory picnic is
scheduled for, Saturday, April 9, 2016, from 9:00 a.m. until 5:00 p.m. at the Indian River County
Fairgrounds, Ag Center Registration is encouraged through each class year representative listed on the
website at http://vbhsqoldengrads-wix.com/golden-grads-picnic
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN
RIVER COUNTY, FLORIDA that the Board recognizes and commends the Golden Grads of Vero Beach High
School and joins our community in celebrating the continued success of the Classes of 1926 through 1966 and
encourages classmates to register for the picnic on Saturday, April 9, 2016
I
Adopted this 5th day of April, 2016 BOARD OF COUNTY COMMISSIONERS
I INDIAN RIVER COUNTY, FLORIDA
I
a
Bob Solari, Chairman
Flescher, \Xce Chairman
West y S Davis
Peter D O'Bryan (/
Tim Zorc
27
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of�Circuit Court & Comptroller
Finance Department
180127 1 Street
Vero Beach, FL 32960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THR i : JEFFREY R. SMITH, COMPTROLLER
DAT i : March 17, 2016
SUBJECT: CAPPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
March 11, 2016 to March 17, 2016
In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the
Comptroller's office, for the time period of March 11, 2016 to March 17, 2016.
I
Attachment:
DLB: DB
i
28
29
ELECTRONIC PAYMENTS - WIRE & ACH
_S NBR
DATE
VENDOR
4199
03/11/2016
C E R SIGNATURE CLEANING
AMOUNT
4200
03/11/2016
BENEFITS WORKSHOP
16.010 00
4201
03/11/2016
NACO/SOUTHEAST
6.19].95
4202
03/11/2016
FLORIDA LEAGUE OF CITIES. INC676
42
4203
03/1 ]!2016
ICMA RETIREMENT CORPORATION
8,13065
i 4204
03/11/2016
1CMA RETIREMENT CORPORATION
] 0.751 0
4205
03/11/2016
IRC FIRE FIGHTERS ASSOC
-• X00 000
4206
03/11/2016
NACO/SOUTHEAST6.570
00
4207
03/11/2016
FL SDU
25,432 40
4208
03/14/2016
IRS -PAYROLL TAXES
5509 62
4209
03/15/2016
AMERICAN FAMILY LIFE ASSURANCE CO
426,326 03
Grand Total:
18.7333 42
526,631.53
29
TRAINS. NBR
1008569
1008570
1008571
1+008572
1008573
1008574
11008575
1'008576
1008577
1008578
1008579
1008580
1008581
1008582
1008583
1008584
1008585
1008586
1008587
1008588
1008589
1008590
1008591
1008592
1008593
10,08594
1008595
1008596
1008597
1008598
]008599
1008600
1008601
1008602
1008603
1008604
1008605
1008606
1008607
1008608
]008609
Grand Total:
ELECTRONIC PAYMENT - VISA CARD
DATE
VENDOR
AMOUNT
03/11/2016
EVERGLADES FARM EQUIPMENT CO INC
33989
03/11/2016
PRAXAIR DISTRIBUTION SOUTHEAST LLC
30 62
03/11/2016
SSES INC
42344
03/11/2016
HENRY SCHEIN INC
10.427 60
03/11/2016
UNIVERSAL SIGNS & ACCESSORIES
4.11200
03/11/2016
HELENA CHEMICAL
1.036 50
03/11 /20 16
COLD AIR DISTRIBUTORS WAREHOUSE
263.54
03/11/2016
SUB AQUATICS INC
- 15� 70
03/11/2016
MIKES GARAGE & WRECKER SERVICE INC
55 00
03/11/2016
GALLS LLC
11 ; 30
03/11/2016
ABCO GARAGE DOOR CO INC
31900
03/11/2016
ALLIED UNIVERSAL CORP
5.211.65
03/11/2016
NEWMANS POWER SYSTEMS
49500
031111 /20 16
IRRIGATION CONSULTANTS UNTLIMITED INC
175 96
03/11/2016
RECORDED BOOKS LLC
74.20
03/11/2016
CENGAGE LEARNING CORPORATION
145 13
03/11/2016
41MPRINT INC
506 48
03/11/2016
COMMUNITY ASPHALT CORP
91461
03/11/2016
FERGUSON ENTERPRISES INC
22280
03/11/2016
ROGER CLEVELAND GOLF INC
2.891 7;
03/11/2016
COMO OIL COMPANY OF FLORIDA
4 7.;;
03/11/2016
STRYKER SALES CORP
5.28900
03/11/2016
RECHTIEN INTERNATIONAL TRUCKS
33 94
03/11/2016
FLAGLER CONSTRUCTION EQUIPMENT LLC
399.12
03111/2016
SYNAGRO-Vkr\VT INC
38.460.51
03/11/2016
SOUTHERN JANITOR SUPPLY INC
1.94249
03/11/2016
CAPITAL OFFICE PRODUCTS
541.66
03/11/2016
METRO FIRE PROTECTION SERVICES INC
1.04035
03/11/2016
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
441.20
03/11/2016
WACO FILTERS CORPORATION
373 00
03/11/2016
BENNETT AUTO SUPPLY INC
34.53
03/11/2016
CON -AIR INDUSTRIES INC
2.32
03/11!2016
RADWELL INTERNATIONAL INC
311 00
03/11/2016
WRIGHT FASTENER COMPANY LLC
271 00
03/11/2016
SCRIPPS NP OPERATING LLC
54000
03/11/2016
ALLIED DIVERSIFIED OF VERO BEACH LLC
9.790.00
03/17/2016
AT&T
13.173.59
03/17/2016
OFFICE DEPOT BSD CUSTOMER SVC
2.069?9
03/17/2016
CALLAWAY GOLF SALES COMPANY
3.701 51
03/17/2016
WASTE MANAGEMENT INC
5.187 17
03/17/2016
W-HEELABRATOR RIDGE ENERGY INC
6.861 80
122.747.86
30
CHECKS VdRITTEN
TRANS NBR
DATE
VENDOR
337125
03/17/2016
UTIL REFUNDS
AMOUNT
337126
03/17/2016
UTIL REFUNDS
51 58
337127
03/17;2016
UTIL REFUNDS
89.37
337128
03/17/2016
UTIL REFUNDS
5065
337129
03/17/2016
UTIL REFUNDS
125 47
337130
03/17/2016
UTIL REFUNDS
55 95
03/17/2016
UTIL REFUNDS
70 74
1337131
'337132
03!17/2016
UTIL REFUNDS
89.37
X37133
03/17!2016
UTIL REFUNDS
65.85
84 80
337134
03/17!2016
UTIL REFUNDS
61 66
37135
03/17/2016
UTIL REFUNDS
25.55
337136
03/17/2016
UTIL REFUNDS
115.53
33713 7
03/17/2016
UTIL REFUNDS
991,
37138
03/17'2016
UTIL REFUNDS
123 84
337139
03/17/2016
UTIL REFUNDS
58 16
337140
03/17;2016
UTIL REFUNDS
63.66
37141
03/17/2016
UTIL REFUNDS
62 63
337142
03/17/2016
UTIL REFUNDS
18 84
37143
03/17/2016
UTIL REFUNDS
46 16
3137144
03/17/2016
UTIL REFUNDS
25 87
137145
337146
03/17/2016
UTIL REFUNDS
63 48
03/17/2016
UTIL REFUNDS
79 71
3137147
03/17/2016
UTIL REFUNDS
45 89
337148
03/17/2016
UTIL REFUNDS
87.00
3,37149
337150
03/17/2016
UTIL REFUNDS
5000
03/17/2016
UTIL REFUNDS
19095
337151
03/17/2016
UTIL REFUNDS
19.30
37152
03/17/2016
UTIL REFUNDS
81 48
_,.:17153
03/17/2016
UTIL REFUNDS
67 79
337154
03/17/2016
UTIL REFUNDS
337 33
3.37155
03/17/2016
LITIL REFUNDS
70
337156
03/17/2016
UTIL REFUNDS
50 50
37157
03/17/2016
UTIL REFUNDS
.24
95
337158
03/17/2016
UTIL REFUNDS
4651
3317159
03/17/2016
UTIL REFUNDS
54 92
3317160
03/17!2016
UTIL REFUNDS
6840
337161
03/17/2016
UTIL REFUNDS
2084
337162
03/17/2016
UTIL REFUNDS
4403
337163
03/172016
UTIL REFUNDS
8086
3317164
03/17/2016
UTIL REFUNDS
3903
33,7165
03/17/2016
UTIL REFUNDS
91.74
337166
03/17/2016
UTIL REFUNDS
78 47
337167
03/17/2016
UTIL REFUNDS
81 99
337168
03/17,Q0 16
UTIL REFUNDS
30.68
337169
03/17/2016
UTIL REFUNDS
4689
337170
03/17/2016
UTIL REFUNDS
] 1')0
337171
337172
03/17/2016
UTIL REFUNDS
8-0-86
03/17/2016
UTIL REFUNDS
81 99
337173
03/17/2016
UTIL REFUNDS
33 72
337174
03/17/2016
UTIL REFUNDS
27 46
337175
03/17!2016
UTIL REFUNDS
12.04
337176
03/17/2016
UTIL REFUNDS
48 83
337177
03/17/2016
UTIL REFUNDS
29 92
337178
03/17/2016
UTIL REFUNDS
40.37
337179
03/17/2016
UTIL REFUNDS
4062
337180
03/17,,'2016
UTIL REFUNDS
8542
337181
03/17/2016
UTIL REFUNDS
;104
33 71182
03/17/2016
UTIL REFUNDS
283 65
31
TRANS NBR
1337183
337184
637185
337186
037187
337188
137189
337190
337191
337192
337193
337194
37195
337196
X37197
337198
31'37199
3.37200
337201
337202
337203
337204
337205
37206
337207
337208
337209
3.-17210
3.37211
33,7212
337213
337214
337215
337216
337217
337218
337219
337220
337221
337222
337223
337224
337225
337226
337227
337228
337,229
337,230
337231
337232
331,233
337,234
337,235
337236
337237
337238
337239
337240
337241
33742
DATE
VENDOR
AMOUNT
03/17/2016
UTIL REFUNDS
20 71
03/17!2016
UTIL REFUNDS
1 77
03/17/2016
UTIL REFUNDS
50 75
03;1 7'2016
UTIL REFUNDS
6 94
03/17/2016
UTIL REFUNDS
X186
03/17/2016
UTIL REFUNDS
2861
03/17/2016
UTIL REFUNDS161
79
03/17/2016
UTIL REFUNDS
83 17
03/17/2016
UTIL REFUNDS
s 62
03/17/2016
UTIL REFUNDS
90 16
03/17/2016
UTIL REFUNDS
4796
03/1 7;2016
UTIL REFUNDS
1 44
03/17/2016
UTIL REFUNDS
36 16
03/17/2016
UTIL REFUNDS
6680
03/17/2016
UTIL REFUNDS
6980
03/17/2016
UTIL REFUNDS
77 14
03/17/2016
UTIL REFUNDS
71.37
03/17/2016
UTIL REFUNDS
75 79
03/17/2016
UTIL REFUNDS
23 04
03/17/2016
UTIL REFUNDS
6860
03/17/2016
UTIL REFUNDS
65.23
03/17/2016
UTIL REFUNDS
42 60
03/17/2016
UTIL REFUNDS
83.85
03/17/2016
UTIL REFUNDS
132 76
03/17/2016
UTIL REFUNDS
179 10
03/17/2016
UTIL REFUNDS
36 16
03/17/2016
UTIL REFUNDS
128 79
03/17/2016
UTIL REFUNDS
28 46
03/17/2016
UTIL REFUNDS
83 85
03/17/2016
UTIL REFUNDS
87.80
03/17,'2016
UTIL REFUNDS
29 13
03/17/2016
UTIL REFUNDS
58 07
03/17/2016
UTIL REFUNDS
55.91
03/17/2016
UTIL REFUNDS
89.03
03/17/2016
COASTAL DOORS INC
1 00
03/17/2016
CLEMENTS PEST CONTROL
_.881
6500
03/17/2016
PORT CONSOLIDATED INC
1.800 18
03/17/2016
FIRE EQUIPMENT SVC OF ST LUCIE INC
1.004.75
03/17/2016
JORDAN MOWER INC
242 59
03/17/2016
COMMUNICATIONS INTERNATIONAL
240.000 00
03/17/2016
RANGER CONSTRUCTION IND INC
414.288.79
03/17/2016
VERO CHEMICAL DISTRIBUTORS INC
261 60
03/17!2016
RICOH USA INC
10845
03/17/2016
CHISHOLM CORP OF VERO
3000
03/17/2016
DATA FLOW SYSTEMS INC
3.51941
03/17/2016
SEWELL HARDWARE CO INC
63 62
03/17/2016
E -Z BREW COFFEE & BOTTLE WATER SVC
2098
03/17/2016
GRAINGER
2_.655.89
03/17/2016
KELLY TRACTOR CO
960.21
03/17/2016
MY RECEPTIONIST INC
312 58
03/17/2016
AMERIGAS EAGLE PROPANE LP
27.35
03/17/2016
AMERIGAS EAGLE PROPANE LP
7764
03/17!2016
AMERIGAS EAGLE PROPANE LP
1 72740
03/17/2016
WILD LAND ENTERPRISES INC
11,99
03/17/2016
HACH CO
1.88-564
03/17/2016
MASTELLER MOLER & TAYLOR INC
3.028 94
03/17/2016
KSM ENGINEERING & TESTING INC
50000
03.117/2016
HD SUPPLY WATERWORKS. LTD
10.205 18
03/17/2016
SCHULKE BITTLE & STODDARD LLC
3.716.21
03/17/2016
PETES CONCRETE
4.025 00
32
I
TRANS NBR
DATE
VENDOR
AMOUNT
1337243
03/17/2016
EXPRESS REEL GRINDING INC
1.10000
1337244
03"] 7/3016
TIRESOLES OF BROWARD INC
-63990
337245
03/17/2016
BFS RETAIL OPERATIONS LLC
49464
37246
03/17/2016
ADVANCED AIR ASSOCIATES INC
6.880.20
37247
03/17/2016
CARTER ASSOCIATES INC
;.175 pp
3;7248
03!17/2016
GOODYEAR AUTO SERVICE CENTER
72892
37249
03/17/2016
SIGNS INA DAY
-1000
337250
337251
03!17/2016
BAILER R TAYLOR INC
1.774 115
03/117/2016
MIDWEST TAPE LLC
1.418.54
337252
03/17/2016
HUDSON PUMP& EQUIPMENT
4.18800
X37253
03/17/2016
MICROMARKETING LLC
23 99
37254
03/17/20 16
K 8 M ELECTRIC SUPPLY
282.21
37255
03/17/2016
BAKER DISTRIBUTING CO LLC
86640
37256
03/17/2016
PALM TRUCK CENTERS INC
205 57
337257
03117/2016
FLORIDA ASSOCIATION OF COUNTIES INC
225.00
;37258
337259
03/17/2016
PARKS AND SON INC
4.174 90
03/17/2016
CITY OF VERO BEACH
64.926.24
337260
03/17/2016
CITY OF VERO BEACH
19780
337261
03/17/2016
INDIAN RIVER ALL FAB INC
8.300 12
357262
03/17/2016
UNITED PARCEL SERVICE INC
10.28
337263
03/17/2016
AMERICAN WATER WORKS
92000
337264
03/17/2016
PETTY CASH
56 70
37265
03/17!2016
FLORIDA GOVERNMENT FINANCE
2>OAO
37266
03/17/2016
JANITORIAL DEPOT OF AMERICA INC
12560
3117267
03!17!2016
OMR CORP
6.545 00
337268
03/17/2016
TREASURE COAST HOMELESS SERVICES
4.996.51
3 7269
03/17/2016
HENRY FISCHER & SONS INC
435 00
337270
03/17/2016
HUMANE SOCIETY
24.410 00
37271
03/17/2016
PUBLIX SUPERMARKETS
6795
337272
03/17/2016
ARTHUR J GALLAGHER RISK MGMT SERV INC
2.17400
37273
03/17/2016
ACUSHNET COMPANY
257 15
337274
03/17/2016
AQUAGENIX
232 00
337275
03/17/2016
INDIAN RIVER MALL
1.50000
3.17276
03/17/2016
IRC CHAMBER OF COMMERCE
30.651 48
33 7277
03/17/2016
IRC CHAMBER OF COMMERCE
5.'235.20
3 7278
03/17t2016
IRC CHAMBER OF COMMERCE
936.23
337279
03/17!2016
FEDERAL EXPRESS CORP
53.16
337280
03/17/2016
FEDERAL EXPRESS CORP
R2 70
337281
03/17/2016
DON LAWLESS
6000
337282
03/17/2016
SUBSTANCE AWARENESS COUNCIL OF IRC INC
14.573 12
3317283
03/17/2016
FLORIDA POWER AND LIGHT
12.081 43
337284
03/17/2016
PUBLIC DEFENDER
3.905 11
33,7285
03/17!2016
GIFFORD YOUTH ACTIVITY CENTER INC
2.500 00
337286
03/17/20]6
CITY OF FELLSMERE
16 79
337287
03/17/20 16
PEACE RIVER ELECTRIC COOP INC
38700
337288
03/17/2016
SUNSHINE STATE ONE CALL OF FL INC
1.138 46
337289
03/17/2016
LANGUAGE LINE SERVICES INC
177.95
337290
03/17/2016
JASON E BROWN
6289')
337291
03/17/2016
FLORIDA DEPT OF ENVIRONMENTAL PROTECTION
25000
337292
03/17!2016
TREASURE COAST SPORTS COMMISSION INC
9.90000
337293
03/ 17/2016
CHANNING BETE CO INC
540 00
337294
03/17/2016
GERALD A YOUNG SR
9000
337295
03/17;2016
ALAN C KAUFFMANN
')0000
337296
03/17/2016
WESTSIDE REPROGRAPHICS OF VERO BEACH INC
27 06
337297
03/17/2016
KEEP INDIAN RIVER BEAUTIFUL INC
4.925 18
337298
03/17/2016
DONADIO AND ASSOCIATES ARCHITECTS
2.829 87
337299
03/17/2016
SYMBIONT SERVICE CORP
294.24
337300
03!1712016
MICHAEL K VERNON
4000
337301
03/17/2016
RUSSELL PAYNE INC
60648
337302
03/17/2016
CEL1CO PARTNERSHIP
1.405 95
33
I
TRANS NBR
DATE
I
VENDOR
AMOUNT
337303
03/17/2016
FLORIDA DEPT OF JUVENILE .JUSTICE
40.352.39
337304
03/17/2016
VAN WA1. INC
L,09800
337305
03/17/2016
JOSEPH W VASQUEZ
10000
,337306
03/ 17/2016
FLORIDA FLOODPLAIN MANAGERS ASSOC
6000
337307
03/17/2016
FLORIDA RURAL LEGAL SERVICES INC
3.758 OS
33 73308
03/17/2016
OCLC ONLINE COMPUTER LIBRARY CENTER
40960
337309
03/17!2016
CENTRAL PUMP K SUPPLY INC
11000
37310
03/17/2016
DICK.ERSON FLORIDA INC
106.669 53
337311
03/17/2016
STAPLES CONTRACT k COMMERCIAL INC
113 90
337312
03/17/2016
PELICAN ISLES LP
242.00
37313
03/1 7/2016
GARY L EMBREY
4000
37314
03/17/2016
LARRY STEPHENS
4500
3137315
03/17/2016
1 ST FIRE K. SECURITY INC
_25500
33,7316
03/17/2016
JOHNNY B SMITH
6000
337317
03/17/2016
BACKFLOWGAGE.COM
14000
337318
03/17/201.6
SAINT EDWARDS SCHOOL INC
3.560.00
337319
03117/2016
CHARLES A WALKER
10000
337320
03/17/2016
SOUTHEAST SECURE SHREDDING
79.28
337321
03/17/2016
RENAE CHANDLER
60.00
337322
03/17/2016
TREASURE COAST FOOD BANK INC
208.32
337323
03/17/2016
K'S COMMERCIAL CLEANING
998.89
337324
03/17/2016
EQ THE ENVIRONMENTAL QUALITY COMPANY
24.271.38
337325
03/17/2016
TRITEL INC
99.00
337326
03/17/2016
HELPING ANIMALS LIVE -OVERCOME
46.00
37327
03!17/2016
CERIDAN COBRA SERV
61 75
37328
03/17/2016
D J P GENERAL CONTRACTING SERVICES INC
9.990.00
37329
03/17/2016
WOERNER DEVELOPMENT INC
19300
37330
03/17/2016
ATLANTIC COASTAL LAND TITLE CO LLC
150.00
37331
03/17/2016
KEMPER BUSINESS SYSTEMS
2500
37332
03/17/2016
JANCY PET BURIAL SERVICE INC
191.25
3.)7333
03/17!2016
YOUR AQUA INSTRUCTOR LLC
30.00
337334
03/175'2016
KEITH GROCHOLL
4000
337335
03/17/2016
MOORE MOTORS
568.05
337336
03/17/2016
NEWSOM OIL COMPANY
1.20400
3.17337
03/17/2016
HONEYWELL ANALYTICS
775.00
337338
03/17..,'2016
REPROGRAPHIC SOLUTIONS INC
16 56
337339
03/17/2016
LOWES HOME CENTERS INC
2.808 85
3317340
03/17/2016
LABOR READY SOUTHEAST INC
338.52
337341
03/17/2016
CANON SOLUTIONS AMERICA INC
1.058 16
33�7342
03/17/2016
EMILY K DIMATTEO
1000
337343
03/17/2016
ALEX MIKLO
60.00
337344
03/17/2016
BURNETT LIME CO INC
6.427.40
337345
03!17/2016
BURNETT LIME CO INC
25600
337346
03/17/2016
STRAIGHT OAK LLC
129.60
337347
03/17/2016
KANSAS STATE BANK OF MANHATTAN
1,02897
337348
03/17/2016
STEWART g STEVENSON FDDA LLC
3.772.24
337349
03!17/2016
DYLAN REINGOLD
394.25
337350
03/17i2016
SAMBA HOLDINGS INC
1,179.20
337351
03/17/2016
WADE WILSON
6000
337352
03/17/2016
EXTREME GOLF INC
73295
337353
03/17/2016
HILL'S ELECTRICAL CONTRACTING INC
-5000
337354
03/17/2016
EAST COAST VETERINARY SERVICES LLC
116.00
337355
03/17/2016
NAPIER & ROLLIN PLLC
2500
337356
03/17/2016
BRYAN CAVE LLP
54.003.26
337357
03/17!2016
PROFESSIONAL GOLF BALL
1.315 84
337358
03/17/2016
RONALD NICHELSON
10000
337359
03/17!2016
SWARCO INDUSTRIES INC
23 77200
337360
03/17/2016
GIVING KIDZA CHANCE INC
1.66700
337361
03/17/2016
GIVING KIDZ A CHANCE INC
1.00000
337362
03'17/2016
RELIANT FIRE SYSTEMS INC
1.11900
34
I
TRANS NBR
DATE
VENDOR
AMOUNT
13736-33
03/17/2016
COBRA GOLF INCORPORATED
788.51
337364
03/17,•'2016
CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 850.00
337365
03/17/2016
SYLIVIA MILLER
98300
`337366
03/17/2016
HAWKINS INC
1 232.50
6373 67
03/17/2016
ANFIELD CONSULTING GROUP INC
10.000 00
37368
03/17/2016
DEANNA ERIN DEROSIA
204 87
T,37369
03/17/2016
ANDERSEN ANDRE CONSULTING ENGINEERS INC
5.301.00
37370
03/17/2016
JOSEPH DIZONNO
6000
33 7371
03/17/2016
GENUINE PARTS COMPANY
1.66600
337372
03/17/2016
RED THE UNIFORM TAILOR.
1.983.90
337373
03/17/2016
CATHEDRAL CORPORATION
1.915.20
3373 74
03/17/2016
UNIFIRST CORPORATION
1.396 89
337375
03/17/2016
BEST AMERICAN WELDING SERVICES
1.950.00
37376
03/17/2016
VCA ANIMAL HOSPITALS INC
66.37
37377
03/17/2016
AMERICAN AIR LIQUIDS HOLDINGS INC
7.536.75
37378
03/17/2016
SITEONE LANDSCAPE SUPPLY LLC
691 05
337379
03/17/2016
HYDROMAX USA LLC
15.559.00
337380
03/17/2016
ADVANCE STORES COMPANY INCORPORATED
2J 17 61
3,37381
03/17/2016
DENISE GILLESPIE
8000
337382
03/172016
NORTH AMERICAN OFFICE SOLUTIONS INC
3.261.75
3-7383
03/17/2016
T -MOBILE
61200
357384
03/17/2016
DALTON LAWLESS
6000
37385
03/17/2016
RUSSELL L OWEN 111
60.00
307386
03/17/2016
LOUDMOUTH GOLF LLC
51246
33 1387
03/17/2016
GOOD TIMES INC
1.19196
337388
03/17/2016
ACTIVE TRUCK & AUTO PARTS INC
875 00
337389
03/17/2016
IMPERIAL IMPRINTING LLC
549.00
337390
03/1712016
KELLY K WADSWORTH
6000
337391
03/17/2016
ANN MARIE COTTON
1.300 00
337392
03/17/2016
THE TRAVELERS HOME & MARINE INSURANCE CO
2.161 46
3.7393
03/17/2016
GARY SANDELIER
1.000.00
37394
03/17/2016
DANE AND SARAH VACHON
8,45800
37395
03/17/2016
LUSHANDA ROSIER
50.00
337396
03/17/2016
THE HOUSE OF GOD CHURCH INC
10000
3.3397
03/17/2016
LISON VIOMONTES
5000
33,7398
03/17/2016
SHAY WALLACE
50.00
33;7399
03/17/2016
WEST FLORIDA MAINTENANCE INC
4.320 00
Grand Total:
1312.432.73
35
JEFFREY R.
Clerk of Circuit Court
Finance Department
1801 271h Street
Vero Beach, FL 32960
SMITH, CPA, CGFO, CGMA
& Comptroller
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THR U: JEFFREY R. SMITH, COMPTROLLER
DATE: March 24, 2016
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
March 18, 2016 to March 24, 2016
��� GOMpTkO •\
In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued
by the Board of County Commissioners are to be recorded in the Board minutes.
Appro jal is requested for the attached lists of checks and electronic payments, issued by the
Comptroller's office, for the time period of March 18, 2016 to March 24, 2016.
Attachment:
I
ULB: DB
I
36
CHECKS WRITTEN
TRANS INBR
DATE
VENDOR
AMOUNT
33 7400
03/23/2016
PAUL CARONE
3,857 00
3 7401
03;23/2016
LI DSEY GARDENS LTD
77200
337402
03!23/2016
PINNACLE GROVE LTD
901 00
337403
03/23/2016
VERO CLUB PARTNERS LTD
1,70600
3317404
03/23/2016
DAVID SPARKS
38800
337405
03%23/2016
THE PALMS AT VERO BEACH
475 00
337406
03!23/2016
ED SCHLITT LC
560 00
3317407
03/23/2016
JOHN OLIVIERA
69800
3;7408
03/23/2016
ARTHUR PRUETT
40900
337409
03/23/2016
JOSEPH LOZADA
L.21200
3317410
03/23/2016
MICHAEL JAHOLKOWSKI
547 00
337411
03/23/2016
LUCY B HENDRICKS
573 00
337412
03/23/2016
HFB OF FLORIDA LLC
76400
337413
03/23i2016
ANDRE DORANVA
650.00
337414
03/23/2016
PAULA WHIDDON
553 00
337415
0312 /2016
COURTYARD VILLAS OF VERO LLC
56000
337416
03/23/2016
JAMES W DAVIS
334 00
337417
03/23/2016
NITA EZELL
459 00
3317418
03/23/2016
LINDSEY GARDENS 11 LTD
59600
3317419
03/23;2016
MISS INC OF THE TREASURE COAST
2.363 00
3317420
03/23;2016
DANIEL CORY MARTIN
2,116.00
3317421
03/23/2016
CRAIG LOPES
39200
337422
03/23/2016
PAULA ROGERS & ASSOCIATES INC
650 00
337423
03/23/2016
FIVE STAR PROPERTY HOLDING LLC
847 00
3317424
03/23/2016
MARK BAER
28;472 00
3317425
03/23/2016
FRESH START HOUSING LLC
451.00
3317426
03/23/2016
ROBERT J GORMAN
424 00
3317427
03/23!2016
JUAN CH.AVES
70000
3317428
03/23/2016
REID REALTY
50600
337429
03/23/2016
MELISSA CAMARATA
641 00
337430
03/23/2016
JOHNATHON KNONVLES
77200
3317431
03/23/2016
AUGUSTUS B FORT JR
581 00
33;7432
03/23/2016
H&H SHADOWBROOK LLC
559 00
337433
03/23/2016
HUMAYUN SHAREEF
66700
337434
03/23/2016
PORT CONSOLIDATED INC
25.551.83
33;7435
03/23%2016
FIRE EQUIPMENT SVC OF ST LUCIE INC
592.00
33,7436
03/23/2016
JORDAN MOWER INC
72 17
37437
03/23/2016
TEN -8 FIRE EQUIPMENT INC
309 70
337438
03/23/2016
VERO CHEMICAL DISTRIBUTORS INC
46090
337439
03/23/2016
RICOH USA INC
144.37
337440
03/23/2016
VELDE FORD INC
1.307 02
337441
03!2312016
AT&T WIRELESS
2,13642
3317442
03/23/2016
E -Z BREW COFFEE & BOTTLE WATER SVC
21 46
3317443
03/23/2016
KELLY TRACTOR CO
2.889.66
3;7444
03/23/2016
REPUBLIC SERVICES INC
463;792.24
33,445
03/23/2016
AMERIGAS EAGLE PROPANE LP
188 75
3317446
03/23/2016
AMERIGAS EAGLE PROPANE LP
2.08646
337447
03/2312016
AMERIGAS EAGLE PROPANE LP
2;704 08
3317448
03/23/2016
BOUND TREE MEDICAL LLC
79 12
337449
03/3/2016
SCHULKE BITTLE & STODDARD LLC
1.32200
337450
03/23!2016
VERO INDUSTRIAL SUPPLY INC
479 50
337451
03/23/2016
EXPRESS REEL GRINDING INC
3,10000
337452
03/23/2016
TIRESOLES OF BROWARD INC
994 86
337453
03/23'2016
BFS RETAIL OPERATIONS LLC
1.727 48
337454
03/23/2016
BARTH CONSTRUCTION INC
180.476 33
337455
03i23r2016
MYRON L COMPANY
424.50
33,7456
03/23/2016
GOODYEAR AUTO SERVICE CENTER
185 62
33,7457
1
03/23/2016
BAKER & TAYLOR INC
1.528.32
37
38
TRANS NBR
DATE
VENDOR
AMOUNT
=37458
03/23/2016
MIDWEST TAPE LLC
341 08
33-
11459
03/23/2016
MICROMARKETING LLC
109 56
337460
03/23/2016
K R M ELECTRIC SUPPLY
6.83
337461
03/23/2016
PALM TRUCK CENTERS INC
1,49796
337,462
03/23/2016
CLERK OF CIRCUIT COURT
1.545 55
33 71463
03/23/2016
CLERK OF CIRCUIT COURT
33.01
3371464
03/23/2016
CITY OF VERO BEACH
10.416 81
337465
03/23!2016
CHAPTER 13 TRUSTEE
368.38
337466
03/23/2016
UNITED WAY OF IIT'DLAN RIVER COUNTY
607.94
337467
03/23/2016
INDIAN RIVER ALL FAB INC
7.516 14
337468
03/33!2016
UNITED PARCEL SERVICE INC
11 14
337469
03/23/2016
JANITORIAL DEPOT OF AMERICA INC
72.39
337470
03,23/2016
TREASURE COAST HOMELESS SERVICES
66099
337471
03/23/2016
INTERNATIONAL GOLF MAINTENANCE INC
88.148 43
3371472
03/23/2016
FLORIDA WATER g POLLUTION CONTROL
13000
337473
03/23/2016
GEOSYNTEC CONSULTANTS INC
1.187.54
337474
03/23/2016
DON LAWLESS
6000
337475
03/23'2016
MORGAN k EKLUND INC
23.265 00
337476
03/23/2016
CITY OF SEBASTIAN
19.998 81
337477
03/23/2016
TIMOTHY ROSE CONTRACTING INC
214.818 76
337478
03/23/2016
CYNTHIA DEAN
81.35
337479
03/23/2016
FLORIDA POWER AND LIGHT
142.773 30
337480
03/23/2016
FLORIDA POWER AND LIGHT
477 11
337481
03/23/2016
STATE ATTORNEY
5,357 90
337482
03!23/2016
NEW HORIZONS OF THE TREASURE COAST
23.461 75
33783
03/23/2016
US KIDS GOLF LLC
17817
337,484
03/23/2016
CATHOLIC CHARITIES DIOCESE OF PALM BCH
1.872 82
337485
03!_'3;2016
JOSEPH A BAIRD
331 69
337486
03/33/2016
TREASURE COAST SPORTS COMMISSION INC
7,00000
337,87
03/23/2016
TROY FAIN INSURANCE INC
10300
337488
03/23/2016
TROY FAIN INSURANCE INC
10300
337489
03/23!2016
SUNSHINE LAND DESIGN
226.720.20
337490
03/23/2016
IRC HEALTHY START COALITION INC
50000
337491
03/23/2016
IRC HEALTHY START COALITION INC
2,50000
337492
03/23/2016
FLORIDA STATE GOLF ASSOCIATION
6.255.00
337493
03/23!2016
CHANNING BETE CO INC
3000
337494
03/23/2016
SOLID WASTE ASSOC OF NORTH AMERICA
212 00
337495
03/23/2016
GERALD A YOUNG SR
13500
337496
03/23/2016
GREY HOUSE PUBLISHING
152.94
337497
03/23/2016
INDIAN RIVER FARMS WATER CNTRL DIST
20000
337498
03/23/2016
ALAN C KAUFFMANN
22000
337499
03/23/2016
THE FLORIDA BAR
20000
337500
03'23/2016
V�'ESTSIDE REPROGRAPHICS OF VERO BEACH INC
51 16
33701
03/23/2016
CHILDRENS HOME SOCIETY OF FL
3,00000
337502
03!23/2016
FLORIDA INSTITUTE OF TECHNOLOGY
10000
337503
03/23/2016
PINNACLE GROVE LTD
1.19800
33704
03/23/2016
HAYTH.HAYTH R LANDAU
12500
33705
03/23/2016
INDIAN RIVER COUNTY HOUSING AUTHORITY
17200
33750603/23/2016
ECONOLITE CONTROL PRODUCTS INC
67.030 00
33707
03/23/2016
CELICO PARTNERSHIP
206 92
337508
03/23/2016
BOYLE & DRAKE INC
3.500 00
337 09
03/23/2016
VAN WAL INC
10500
337510
03/23/2016
JOSEPH W VASQUEZ
18000
337511
03/23/2016
BIG BROTHERS AND BIG SISTERS
1,25000
337512
03/23/2016
BIG BROTHERS AND BIG SISTERS
2.16301
337513
03/23/2016
E W SIVER & ASSOCIATES INC
825 00
337514
03•'2312016
STAPLES CONTRACT R COMMERCIAL INC
435 65
337515
03/23/2-1016
ADMIN FOR CHILD SUPPORT ENFORCEMENT
243.24
337516
03/23/2016
ADMIN FOR CHILD SUPPORT ENFORCEMENT
246 54
337517
03/23/2016
ADMIN FOR CHILD SUPPORT ENFORCEMENT
13 i 56
38
NS NBR
DATE
VENDOR
AM0UJINT
37518
03/23/2016
SCNS INC
13860
337519
03/23/2016
JOHNNY B SMITH
6000
37520
0.1/23/3016
MUNICIPAL WATER WORKS INC
29.056 02
337521
03/23/2016
SUMMERLINS MARINE CONST LLC
1,200 00
37522
03/23/2016
DANE MACDONALD
180 00
37523
03/23/2016
CHARLES A WALKER
12000
00
37524
03/23/2016
REDLANDS CHRJSTLAN MIGRANTASSOC
2.31063
37535
03/23/2016
SQUARE TREASURE FOODS INC
1.250 00
!37526
03/23/2016
ARTHUR LA BELLA
SUO 00
,,7i-)7
03/23/2016
RENAE CHANDLER
6000
337528
03/23/2016
MICHELLE VAN KEULEN
12500
3,37529
03/23;2016
K'S COMMERCIAL CLEANING
660.00
;37530
03/23/2016
PAULA VVHIDDON
40000
3I37531
03/23/2016
NICOLACE MARKETING INC
10000
3`,7532
03/23/2016
WINSUPPLY OF VERO BEACH
1.094.88
3!37533
03/23/3016
ATLANTIC COASTAL LAND TITLE CO LLC
225 00
3,37534
03/23/2016
NASON, THOMAS R R DIANE
50000
3!37535
03/23/2016
ECMC
24192
337536
03/23/2016
YOUR AQUA INSTRUCTOR LLC
3000
3,37537
337538
03/23/2016
MURPHY R WALKER P L
6.905 95
03/23/2016
TELE -WORKS INC
17.587 00
337539
03/23/2016
JOSEPH CATALANO
60 00
3,37540
03/23/2016
OVERDRIVE INC
1.584 77
3,37541
03/23/2016
NORRIS HOST
180.13
317542
03/23/2016
EUTEK SYSTEMS
34 i 00
37543
03/23/2016
RAYMOND J DUCHEMIN
4000
3u 7544
03/23/2016
KEITH GROCHOLL
8000
37545
03/23/2016
ALAN JAY CHEVROLET CADILLAC
47.547.50
3,7546
03/2312016
TIM ZORC
28 84
337547
03/23/2016
LOWES HOME CENTERS INC
704 83
337548
03/23/2016
LABOR READY SOUTHEAST INC
4.832 98
3_7549
03/23/2016
CARDINAL HEALTH 110 INC
3,05941
37550
03/23/2016
PPG ARCHITECTURAL FINISHES INC
3.234 pp
3:37551
03;23/2016
EMILY K DIMATTEO
1000
337552
03/23/2016
ALEX MIKLO
10000
37553
03/23/2016
TRV ADVERTISTING R MARKETING INC
70700
337554
03/23/2016
BURNETT LIME CO INC2
3.5..6 40
337555
03/23/2016
PENGUIN RANDOM HOUSE LLC
50.25
»7556
03/23/2016
SCADA SOLUTIONS LLC
1.30000
37,7557
03/23!2016
CALDWELL PACETTI EDWARDS
�.;
1,73_ 0
337558
03/23/2016
SOUTHERN MANAGEMENT LLC
545_00
337559
03/23/2016
KANSAS STATE BANK OF MANHATTAN
13840
37560
03/23/2016
STEWART K STEVENSON FDDA LLC
3.992.90
33 7 5 61
03/23/2016
CHEMTRADE CHEMICALS CORPORT.ATION
2'.2 7 8. 3 4
37562
03/23;2016
WADE WILSON
10000
377563
03!23/2016
STACEY BUSH
9000
337564
03/23/2016
FAMILY SUPPORT REGISTRY
966
3'7565
03/23!2016
FAMILY SUPPORT REGISTRY
14679
3.) 1566
03/73/2016
H -LINTER SOUTH"'EST PRODUCTIONS LLC
40000
37567
03;23/2016
FORTI.LINE INC
19.165 00
3.37568
03/23/2016
THE LAW OFFICES OF
801 00
337569
03/23/2016
BERNARD EGAN R COMPANY
2.078 70
337570
03/23/2016
RONALD NICHELSON
12000
337571
03123;'2016
MARJELA MCSOLEY
18000
337572
03/23/2016
LONGHORN LANDSCAPING .AND SOD LLC
1.174.50
337573
03/23/2016
KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION
3.210 00
337574
03/23/2016
.JOSEPH DIZONNO
10000
3375 i5
03/23/2016
GENUINE PARTS COMPANY
36849
337576
03/23/2016
TRIBOND LLC
7900
3 7577
03/23/2016
RED THE LiNTIFORM TAILOR
4.268 70
M
TRANS NBR
DATE
VENDOR
AMOUNT
37578
03/23/2016
RKM DEVELOPMENT CORP
74 54
37579
03/23/2016
DELTA MANAGEMENT ASSOCIATES INC
385 52
37580
03/23/2016
ENTERPRISE RECOVERY SYSTEMS INC
194?3
33 7581
03/23/2016
CATHEDRAL. CORPORATION
1.191.89
337582
03!23/2016
UNIFIRST CORPORATION
825 OS
37583
03/23/2016
STEARNS, CONTR4D AND SCHMIDT
750 00
33 7584
03/2312016
MARL: DEAN RILE)" JR
6000
37585
03/23;2016
SCHUMACHER AUTOMOTIVE DELRAY LLC
2.722.24
37586
03/23/2016
ADVANCE STORES COMPANY INCORPORATED
757.94
337587
03/23/2016
DENISE GILLESPIE
6000
337.588
03/23/2016
MODERN ENTERPRISE SOLUTIONS INC
218 80
337589
03/23/2016
DALTON LAWLESS
6000
367590
03/23/2016
RUSSELL L OWEN 111
6000
337591
03/23/2016
EZL1N-KS GOLF LLC
1.677.50
37592
03/23/2016
IPM SYSTEMS LLC
2 87.31
367593
03/23/2016
KELLY K WADSWORTH
4000
37594
03/23/2016
CIARA SPEED
50 00
337595
03/23/2016
DOANLD F MEEKS K JANE W MEEKS
5_.007.09
3;7596
03/23/2016
ROCCO CAVALLO
80.00
337597
03/23/2016
PETRLTL.AK ENTERPRISES LLC
40800
37598
03/23/2016
ANTONIA GONZALEZ
5048
37599
03/23/2016
UTIL REFUNDS
79.18
3'7600
03/23;2016
UTIL REFUNDS
3219
337601
03/23/2016
UT11- REFUNDS
9.13
3 X7602
03/23/2016
UTIL REFUNDS
14865
37603
03/23/2016
UTIL REFUNDS
38 62
-37604
03/23/2016
UTIL REFUNDS
12?5
3.)7605
03/23/2016
UTIL REFUNDS
103.98
37606
03/23/2016
UTIL REFUNDS
52.69
37607
03!23;2016
UTIL REFUNDS
49.86
37608
03/23/2016
UTIL REFUNDS
132.17
37609
03/23/2016
UTIL REFUNDS
8148
37610
03/23/2016
UTIL_ REFUNDS
20 08
337611
03/23/2016
UTIL REFUNDS
16 12
337612
03/23/2016
UTIL REFUNDS
7516
33 7613
03/23/2016
UTIL REFUNDS
3246
337614
03/23/2016
UTIL REFUNDS
73 11
33 7615
03/23/2016
UTIL REFUNDS
57 62
337616
03/23!2016
UTIL REFUNDS
9.09
337617
03/23/2016
UTIL REFUNDS
43 97
337618
03/23/2016
UTIL REFUNDS
35 05
337619
03/23/2016
UTIL REFUNDS
42 69
33x7620
03/23/2016
UTIL REFUNDS
61 02
337621
03/23/2016
UTIL REFUNDS
4360
337622
03/23/2016
UTIL REFUNDS
53 16
333,7623
03!23/2016
UTIL REFUNDS
1894
33/624
03/23,2016
LITIL REFUNDS
74.38
337625
03123/2016
UTIL REFUNDS
63.15
3317626
03/23/2016
UTIL REFUNDS
19.20
3317627
03;23/2016
UTIL REFUNDS
20 11
337628
03i23/2016
UTIL REFUNDS
4004
3317629
03;23/2016
UTIL REFUNDS
59 69
337630
03/23/2016
UTIL REFUNDS
35.58
337631
03123/2016
UTIL REFUNDS
75 12
337632
03/23!2016
UTIL REFUNDS
59 87
337633
03/23/2016
UTIL REFUNDS
75 16
337634
03/23/2016
UTIL REFUNDS
39 76
337635
03/23/2016
UTIL REFUNDS
109?3
337636
1
03/23;2016
UTIL REFUNDS
47.33
3376337
03/23/3016
UTIL REFUNDS
83 85
40
TRANS I;NBR
DATE
VENDOR
337638
03/23/2016
UTIL REFUNDS
37639
03/23;2016
UTIL REFUNDS
3.37640
03/23/2016
UTIL REFUNDS
37641
03/23,2016
UTIL REFUNDS
337642
03/23/2016
UTIL REFUNDS
37643
03/23/2016
UTIL REFUNDS
31 7644
03/23;'2016
UTIL REFUNDS
337645
03/23/2016
UTIL REFUNDS
Grand T6tal:
AMOUNT
972
261 74
8086
,440
23 90
42.33
27 45
1*5996
1,80 7,926.20
41
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1008610
03/18/2016
EVERGLADES FARM EQUIPMENT CO INC
1,01105
1068611
03%1812016
COMMUNICATIONS INTERNATIONAL
;;947 40
1068612
03/18/2016
HENRY SCHEIN INC
1.564 81
1068613
03/18/2016
COLD AIR DISTRIBUTORS WAREHOUSE
20094
1068614
03/18/2016
INDIAN RIVER BATTERY
336,00
1068615
03/18/2016
DAVIDSON TITLES INC
62 88
108616
03/18/2016
APPLE INDUSTRIAL SUPPLY CO
32943.
1008617
03/18/2016
ABCO GARAGE DOOR CO INC
8500
1008618
03/18/2016
.ALLIED UNIVERSAL CORP
7.82896
1008619
03/18/2016
IRRIGATION CONSULTANTS UNLIMITED INC
16862
1008620
03/18/2016
GROVE WELDERS INC
497 76
1008621
03!18.%2016
FIRST HOSPITAL LABORATORIES INC
483 75
008622
03/18;2016
CENGAGE LEARNING CORPORATION
669 49
1008623
03/18/2016
COMMUNITY ASPHALT CORP
684 76
1008624
03/18/2016
FERGUSON ENTERPRISES INC
6;325 78
1008625
03/18/2016
GLOBAL GOLF SALES INC
1;770:5
1068626
03''18/2016
COMPLETE ELECTRIC INC
11400
1068627
03/18/2016
MIDWEST MOTOR SUPPLY CO
9650
1068628
03/18/2016
FLAGLER CONSTRUCTION EQUIPMENT LLC
83 93
1008629
03/18/2016
FLORIDA TRANSCOR INC
373 65
1068630
03;18/2016
COPYTRONICS INC
101.20
1008631
03/18/2016
CAPITAL OFFICE PRODUCTS
34740
1008632
03/18'2016
CONSOLIDATED ELECTRICAL DISTRJBUTORS INC
21489
1068633
03/18/2016
BENNETTAUTO SUPPLY INC
143 50
1008634
03/18/2016
AUTO PARTNERS LLC
764.68
1008635
03/18/2016
L&L DISTRIBUTORS
3.507 52
1008636
03/18/2016
HYDRA SERVICE (S) INC
14;987 00
1068637
03/18/2016
CM&S INDUSTRIES INC
4,465 00
1008638
03/18/2016
IMAGENET CONSULTING LLC
91.35
1068639
03/21;2016
PARKS RENTAL & SALES INC
19800
1008640
03/21/2016
PRAXAIR DISTRIBUTION SOUTHEAST LLC
1.139"]
1008641
03/21/2016
COPYCO INC
1-1057
1008642
03!21; 2416
NORTH SOUTH SUPPLY INC
60 15
1008643
03/21/2016
SAFETY PRODUCTS INC
87 75
1008644
03/21/2016
SAFETY PRODUCTS INC
58 78
1008645
03/21/2016
MIKES GARAGE & WRECKER SERVICE INC
55 00
1008646
03/21/2016
SMITH BROTHERS CONTRACTING EQUIP
2244
1008647
03/21/2016
NEWMANS POWER SYSTEMS
3,09000
1008648
03/21/2016
SOUTHERN COMPUTER WAREHOUSE
51800
1008649
03/21/2016
DEERE & COMPANY
391.22
1008650
03/21/2016
PERKINS INDIAN RIVER PHARMACY
104 18
1008651
03/21'2016
SHRIEVE CHEMICAL CO
2.979 80
1008652
03;21/2016
S1'NAGRO-WWT INC
28.571 78
1008653
03/21/2016
SOUTHERN JANITOR SUPPLY INC
2.129 87
1008654
03/21/2016
METRO FIRE PROTECTION SERVICES INC
540 45
1008655
01,21/2016
STAT MEDICAL DISPOSAL INC
385 00
1008656
03/21/2016
RADWELL INTERNATIONAL INC
256.50
1068657
03:21%2016
PACE ANALYTICAL SERVICES INC
10.3')00()
1008658
03/21/2016
XYLEM WATER SOLUTION USA INC
19400
1008659
03/21/2016
SCRIPPS NP OPERATING LLC
920.25
1008660
03/22/2016
AT&T
178 80
1008661
03/22%2016
OFFICE DEPOT BSD CUSTOMER SVC
2.858 94
1008662
03/22;2016
CALLAWAY GOLF SALES COMPANY
1._181 45
1008663
03/22/2016
WASTE MANAGEMENT INC
204 95
Grand Total:
107.821.79
r, N
TRAM
4210
4211
4212
4213
4214
4215
4216
4217
14218
4219
42)20
14221
4222
4223
I2 4
4225
4226
4227
Grand Total•
ELECTRONIC PAYM_NTS - NVIRE & ACH
DATE
VENDOR
03/18/2016
WRIGHT EXPRESS FSC
03/18'2016
SCHOOL DISTRICT OF I R COUNTY
03!18/2016
KAST CONSTRUCTION COMPANY LLC
03/ 18;2016
C E R SIGNATURE CLEANING
03/24/2016
CDM SMITH INC
03/24/2016
TRC FIRE FIGHTERS ASSOC
03/24/2016
TEAMSTERS LOCAL UNION ='769
03/24;2016
NACO/SOUTHEAST
03/24/2016
NACO/SOUTHEAST
03/24/2016
FL SDU
03/24/2016
INDIAN RIVER COUNT)' SHERIFF
03/24/2016
]CMA RETIREMENT CORPORATION
03/24/2016
ICMA RETIREMENT CORPORATION
03/24/2016
BENEFITS WORKSHOP
03/'24/2416
FLORIDA LEAGUE OF CITIES, INC
03/24/2016
R W WILSON AND ASSOCIATES LLC
03!24/2016
KERNS CONSTRUCTION & PROPERTY
03/28/2016
IRS -PAYROLL TAXES
.AMOUNT
14.543 13
99.018 00
703 542 31
830 00
12,016 20
6,57000
5.57; 00
68996
24.898 34
x.004.3 7
84000
10,751 86
2.300 00
8.43090
8.130.65
8,18000
39.667.50
393.501 02
1,344,50 7.24
43
ELECTRONIC PAYMENTS - «VIRE & ACH
TRANS INBR
DATE
VENDOR
.AMOUNT
4210
03/18/2016
W"RIGHT EXPRESS FSC
14;543 13
14211
03/18/2016
SCHOOL DISTRICT OF 1 R COUNTY
99,'01800
4212
0,/18/2016
KAST CONSTRUCTION COMPA-NY LLC
703.542.31
4213
03/18/2016
C E R SIGNATURE CLEANING
85000
4214
U3%24/2016
CDM SMITH INC1_
2 Olb._U
14215
03/24/2016
IRC FIRE FIGHTERS ASSOC
6.570 00
4216
03/24/2016
TEAMSTERS LOCAL UNION 169
5,'573 00
4217
03/24/2016
NACO/SOUTHEAST
68996
4218
!4219
03/24/2016
NACO/SOUTHEAST
24;898 34
03/24/2016
FL SDU
5 ppq ,7
4220
!4221
03/24/2016
FINDIAN RIVER COUNTY SHERIFF
84000
!4222
03/24/2016
1CM.A RETIREMENT CORPORATION
10,751 86
03/24/2016
ICMA RETIREMENT CORPORATION
2_;pp pp
4223
03/24/2016
BENEFITS WORKSHOP
8.43090
224
03/24/2016
FLORIDA LEAGUE OF CITIES. INC
8,130.65
44225
03/2412016
R W WILSON AND ASSOCIATES LLC
8.18000
4226
Grand Total:
03/24/2016
KERNS CONSTRUCTION 8: PROPERTY"
39.667.50
951,006.22
44
CONSENT AGENDA
INDIAN RIVER COUNTY O
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: i March 28, 2016
TO: j BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administrator
Jason Brown, Director, Office of Management an B dg t
FROM: Jennifer Hyde, Purchasing Mana r
SUBJECT: Approval of Final Ranking of Respondents — RFP 2016015 — Disaster Debris
Removal and Disposal
BACKGROUND:
On behalf of the Public Works Department, a Request for Proposals (RFP) was issued for the as needed
management of debris that may result from such catastrophic events such as tropical storms,
hurricanes or tornadoes. The proposed term of the resulting contracts is for one 12 -month period,
with three additional 12 -month extensions available.
f
RFP RESULTS:
Advertising Date: December 11, 2015
RFP Opening Date: February 4, 2016 at 2:00 pm
DemandStar Broadcast to: 1015 Subscribers
Specifications Requested by: 57 Firms
Replies: 13 Firms
ProposnFgrer...-fl -C
t.Cis::�_�•.�:� _�'_mi�_ ^rt>�t
Ash BrittlEnvironmentaI
Deerfield Beach, FL
Asplundh
Willow Grove, PA
Bergeron Emergency
Fort Lauderdale, FL
Ceres Environmental Services
Sarasota, FL
Crowder Gulf
Theodore, AL
D&J Enterprises, Inc.
Auburn, AL
DRC Emergency Services
New Orleans, LA
Grubbs Emergency Services
Tampa, FL
J.B. Coxwell Contracting, Inc.
Jacksonville, FL
KaiserKane Inc.
Tallahassee, FL
Phillips & Jordan
Knoxville, TN
TFR Enterprises
Leander, TX
*TAG Grinding disqualified and proposal not submitted to selection committee for review
due to failure to sign/notarize required disclosure of relationships form
45
CONSENT AGENDA
l
ANALYSIS:
A selection committee comprised of Rich Szpyrka, P.E., Assistant Public Works Director, Terry Cook,
Road and Bridge Superintendent, and Himanshu Mehta, P.E., SWDD Managing Director independently
evaluated and scored the statements of qualifications in accordance with the County Purchasing
Manual and criteria established in the RFP. These scores were compiled by the committee and an
overall ranking of the submittals developed. No interviews were required or determined to be
necessary by the committee.
Staff proposes to enter negotiations with the top two ranked firms as the Primary and Secondary
awardeeIS.
The final ranking established by the committee is:
1. Ceres Environmental Services
2. AshBritt Environmental
3. Crowder Gulf
4. DRC Emergency Services
5. J f6. Coxwell Contracting, Inc.
6. D&J Enterprises, Inc.
7. TFR Enterprises
8. Phillips & Jordan
9. B� rgeron Emergency
10. KaiserKane Inc.
I
11. Grubbs Emergency Services
12. Aisplundh
I
FUNDING:
FEMA funding is anticipated to be made available in the event of a Federally -declared emergency, with
local matching funds provided by Transportation Fund and General Fund reserves. If no FEMA funding
is provided, funding will come entirely from Transportation Fund and General Fund reserves.
RECOMMENDATION:
Staff recommends the Board approve the committee's final ranking and authorize negotiations Ceres
Environmental Services and AshBritt Environmental (and the subsequently ranked firms, should
negotiations with the top ranked firms fail).
ATTACHMENT:
Ranking Sheet
I
APPROVED AGENDA ITEM
Indian River Co pjxVved Date
�� Admin 3 3
BY: Legal
6seph . Baird, County Administrator Budget
Public Works '� .L
Risk
FO ���
46
Initial ranking
RFQ for Disaster Debris Removal and Disposal - RFQ 2016015
10 -Mar -16
Bold underline indicates tied ranking
E
�A'
(U
;t
r
—A'
P
W
5
M
E
OF e!4
J
CL
'A
OWN".
LA
Fa
Mlf- 4
LL
4iRanlfoge
Rank
Score
Rank
Score
J*ji".e'
R
Rank
Scorers
4:n
~Score
A
Rank
Score
ht
Rank
Score
sr --
Rank
Score
Terry Cook
q
3- Ili %
6
72
2
83
-4 'v
4
75
8
7
71
61
74
Himanri5
shu Mehta
12
57
2
98
.11,
IN
fl, 74M,
8
82
62
93,
10
77
"''9
9
78
Rich Szpyrka
1
91
89
jL
6
89
C—A
91
1
93
2
92
ZZAL
E
E
TOTAL
21
220
10
270
18
246
21
224
22
231
14
16
244
Average Score
;jR-,--y TAI
A 8,,.33
7 3.3 3
Lv' 7
90.00•
82.00
74.6711,
Pt i
W- y4 !67,
77.00
81.33
1" ms, �,i "i
12
EW
1
Flat
6
- 5-j
10
i, �,A
7
Initial Rank
hi
Bold underline indicates tied ranking
Indian River County CONSENT
Interoffice Memorandum
Office of Management & Budget
To: I Members of the Board
�) of County Commissioner
From: I Jason E. Brown
Director, Office of Manag en & Budget
Date: March 29, 2016
Subject: I M.A.C.E. Project Generated Income (PGI)
Miscellaneous Budget Amendment 015
The Indian River County Sheriff's Office is requesting authorization to utilize Project Generated
Income (PGI) in the amount of $5,614.68. The Project Generated Income Budget Approval detailing
the expe ', ditures has been approved by the Office of Criminal Justice Grants, Florida Department of
Law Enforcement (FDLE) on March 11, 2016. These funds will be utilized to enhance investigative
and surveillance capabilities.
Staff recommends that the Board of Commissioners approve the utilization of Project Generated
Income totaling $5,614.68 and also approve Budget Amendment 015 and Budget Resolution
necessary, to allocate these funds.
Attachments
i
Letter from Sheriff Deryl Loar dated March 11, 2016
Project Generated Income Budget Approval
Budget Amendment 015 and Resolution
APPROVED AGENDA ITEM:
Indian River County
A ed
Date
Administrator
3
Legal
U I
Budget
50 ( `
Department
Risk Management
48
RESOLUTION NO. 2016-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2015-2016 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2015-2016 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 2015-2016 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part -hereof,
I
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
2015-20116 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption; of this Resolution.
I
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 Bob Solari
Vice Chairman Joseph E. Flescher
Commissioner Wesley S. Davis
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
They Chairman thereupon declared this Resolution duly passed and adopted
this day of , 2016.
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith Board of County Commissioners
Clerk of Court and Comptroller
i
By By
Deputy Clerk
Bob Solari, Chairman
,APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
COUNTY ATTORNEY 49
Exhibit "A"
Resolution No 2016 -
Budget Office Approval:
i
Jason E. gown, udget Director
I
Fund/ Dep me Account Name Account Number
enueC E. Unit Trust Fund / Project Generated Income/
fiscated Property 126035-389040
ensesC E. Unit Trust Fund / Law Enforcement Expenditures 12660021 099040
Budget Amendment: 015
Increase Decrease
$5,615 1 $0
$5,615 1 $0
50
i
Sheriff Deryl Loar
Indian River County
March 11, 2016 LMAR2
Jason Brown
Director of Budget and Finance
Indian River County
1840 25th Street
Ver,o Beach, Florida 32960
RE:j P.G.I. Request 2015-JAGC-INRI-1-R3-115
Dear Mr. Brown:
The}Indian River County Sheriff's Office submitted a project generated income
request in the amount of $5,614.68, dated March 9, 2016 (approved March 11,
2016). These funds will be utilized to enhance investigative and surveillance
cap i bilities.
Please consider this letter my approval for this project generated income request
and remit payment to the Indian River County Sheriffs Office, in the amount of
$5,614.68. Please contact me at 978-6404 if you have any questions or need
additional information.
1
1
Sincerely,
Deryl Loar, Sheriff
DUamg
Attachments: FDLE Budget Amendment Approval
4055 415' Avenue. Vero Beach. Florida 32960 www.iresheriff.org
(772) 569-6700
1
t
1
.�TS�i
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Justice Assistance Grant - County -wide
�_} � � ' T. � �`• ^ .'f :r` - ni:". �.y • � �' ...�.- • -. ' Jc.._..v.u'vx.u._ -.-• t- • ,.` �LL{. �a � � � C � L *r � a�•�C!
Subgrantee: Indian River County Board of Commissioners
Project Title: MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2014-2015
Grant Number: 2015-JAGC-INRI-1-R3-115
Agreement Number: 2
To Subgrantee:
Pursuant to your request of 03/08/2016 the following adjustment is approved subject to conditions as may
be set forth below:
Electronically Signed By
Petrina Herring
Date 03/11/2016 Authorized Official
Clayton H. Wilder
Administrator
1. All Project Generated Income (PGI) expenditures must be for the 7 Federal Purpose Areas
associated with the Edward Byrne Memorial Justice Assistance (JAG) Program.
2. Ali PGI will be expended according to the PGI Budget Report attached, pursuant to all of the
provisions contained in the Standard Conditions of the referenced subgrant project.
3. Any additional PGI earned during the subgrant period from the referenced subgrant project,
whichl, is not included in the attached PGI Budget Report shall also be expended in accordance with
this Agreement. However, said additional PGI may be separately allocated to the various budget
categories by submission and approval of the PGI Budget Report reflecting said additional PGI.
4. Any deviation in expenditures from the PGI Budget Report attached, must be approved in writing
by the Florida Department of Law Enforcement (FDLE) prior to expenditure of funds.
The following revised PGI budget is approved:
Budget Category
Current
Approved
Budget
New
Approved
Budget
Difference
Salaries and Benefits
$ 0.00
$ 0.00
$ 0.00
Contractual Services
$ 0.00
$ 0.00
$ 0.00
Expenses
$ 1,955.17
$ 5,609.85
$ 3,654.68
Operating Capital Outlay
$ 2,205.98
$4,16598
$ 1,960.00
Indirect Costs
$ 0.00
$ 0.00
$ 0.00
Total PGI Budget
$ 4,161.15
$ 9,775.83
$ 5,614.68
1
Application Ref # 2015-JAGC-2407
Contract # 2015-JAGC-INRI-1-R3-115 Page 1 of 4
Rule Reference 11D-9.006 OCJG-003 (rev June 2012) 52
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
The MACE Unit will utilize PGI funds to finalize surveillance capabilities upgrades in order
to improve investigative capabilities.
i
Byielectronically submitting this adjustment, I hereby certify that I have reviewed the
changes and find them necessary for program activities. I am the signing authority
or have been delegated as such by the appropriate official. Information regarding
thesigning authority is available for review.
Electronically Signed By:
Diane Bernardo
Authorized Official or Designated Representative
Applicatibn Ref # 2015-JAGC-2407
Contract,# 2015-JAGC-INRI-l-R3-115 Page 2 of 4 53
Rule Reference 11D-9.006 OCJG-003 (rev June 2012)
PGI Budget Narrative:
3/8/2016 The MACE Unit will utilize funds to finalize the surveillance project and system
upgrades The items purchased will consist of:
? Total of110 (ten) surveillance and covert cameras and shipping: $2,512
? Total ofifour covert DVR recording devices and shipping: $1,043.53
? DVR recharging kit: $99.15
Operating; Capital Outlay -
Optical Zoom Streaming Camera: $1,960
12/1/2015- The MACE Unit will utilize funds to purchase upgrades to our
Application Ref # 2015-JAGC-2407
Contract # 2015-JAGC-INRI-I-R3-115
Rule Reference 11 D-9.006 OCJG-003 (rev June 2012)
Page 3 of 4
54
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
PGI BUDGET REQUEST
Contract # 2015-JAGC-INRI-1-R3-115
Request # 2
I Date: 03/08/2016
Subgrantee: Indian River County Board of Commissioners
County: Indian River
Address: Ms. Diane Bernardo
I
Finance Director
Post Office Box 1028
Vero Beach, FL 32961-1028
Telephone: 772-567-8000
Budget Category
Approved Budget
New Budget
Budget Difference
Salaries & Benefits
$ 0.00
$ 0.00
$ 0.00
Contractial Services
$ 0.00
$ 0.00
$ 0.00
Expense 1
$ 1,955.17
$ 5,609.85
$ 3,654.68
Operating Capital Outlay
$ 2,205.98
$ 4,165.98
$ 1,960.00
Indirect Costs
$ 0.00
$ 0.00
$ 0.00
Subtota
$ 4,161.15
$ 9,775.83
$ 5,614.68
1 hereby certify that the above PGI budget was developed in accordance with the project
agreement and is based on the most current and available accounting information.
I Electronically Signed By -
Date 03/08/2016
Diane Bernardo
Chief Financial Officer or Designated Representative
PGI Budget Narrative:
3/8/2016 The MACE Unit will utilize funds to finalize the surveillance project and system
upgrades The items purchased will consist of:
? Total of110 (ten) surveillance and covert cameras and shipping: $2,512
? Total ofifour covert DVR recording devices and shipping: $1,043.53
? DVR recharging kit: $99.15
Operating; Capital Outlay -
Optical Zoom Streaming Camera: $1,960
12/1/2015- The MACE Unit will utilize funds to purchase upgrades to our
Application Ref # 2015-JAGC-2407
Contract # 2015-JAGC-INRI-I-R3-115
Rule Reference 11 D-9.006 OCJG-003 (rev June 2012)
Page 3 of 4
54
surveillance system and investigative equipment. The items purchased will consist of:
? DVD%CD Duplicator and shipping: $274
? Surveillance Camera: $122.50
? AIO 3.0 with battery pack, unlimited data, and shipping: $1,558.67
Operating Capital Outlay
Wireless/Network Components- consists of a 4TB NVR System: $2,205.98
Total Expenses: $5,609.85
Total OCO: $4,165.98
Application Ref # 2015-JAGC-2407
Contract # 2015-JAGC-INRI-I-R3-115
Rule Reference 11 D-9.006 OCJG-003 (rev June 2012)
Page 4 of
R&I
IPGI BUDGET REQUEST
Contract
# 2015-JAGC-INRI-1-R3-115
Request # 2
1 Date: 03/08/2016
surveillance system and investigative equipment. The items purchased will consist of:
? DVD%CD Duplicator and shipping: $274
? Surveillance Camera: $122.50
? AIO 3.0 with battery pack, unlimited data, and shipping: $1,558.67
Operating Capital Outlay
Wireless/Network Components- consists of a 4TB NVR System: $2,205.98
Total Expenses: $5,609.85
Total OCO: $4,165.98
Application Ref # 2015-JAGC-2407
Contract # 2015-JAGC-INRI-I-R3-115
Rule Reference 11 D-9.006 OCJG-003 (rev June 2012)
Page 4 of
R&I
Final PGI Purchases from MACE Grant: 2015-JAGC-INRI-I-R3-115
VENDOR B&H Photo
ITEM I
PRICE
QUANTITY
TOTAL
AXIS F44 Main Unit Camera
$ 485.00
1
$ 485.00
AXIS 1-1035-E Sensor Unit Camera
$ 220.00
2
$ 440.00
AXIS F1035 -E w/39 ft Cable
$ 231.00
2
$ 462.00
Cannon VB -1-143 Optical Zoom Camera
$ 1,960.00
1
$ 1,960.00
$ 3,347.00
VENDOR, Saul Mineroff Electronics
Lawmate PV500 Lite 3
$
309.00
2
$
618.00
CMDC10 Cord Camera
BU18 Button Camera
$
$
169.00
169.00
1
2
$
$
169.00
338.00
i
$ 1,125.00
VENDOR i� PalmViD Video Cameras
Alarm Clock DVR
i
$
149.97
1
$
149.97
PV Lamp Wifi DVR
$
349.97
1
$
349.97
PV Tissue Box Wifi DVR
$
278.97
1
$
278.97
PV Smoke Detector DVR
$
249.95
1
$
249.95
Rechargable Battery Kit
$
99.15
1
$
99.15
Estimated Shipping Charge
$
14.67
1
$
14.67
$ 1,142.68
i TOTAL PURCHASES $ 5,614.68
16.42% Reporting Requirement $ 7,820.66
DVR System Purchase $ 2,205.98
Balance $ 5,614.68
,I
56
Page 1 of 1
Amber
er - Fwd: 2015 MACE P.G.I. Request
From: I Don Smith
To: Amber Grier
Date: 2/25/2016 2:57 PM
Subject: Fwd: 2015 MACE P.G.I. Request
Attachments: MACE PGI Request .pdf
These items are approved
Major Don Smith
Bureau of Law Enforcement
Indian River County Sheriffs Office
4055 41st Avenue
Vero Beach, FL 32960
(0) 772-978-6160
(F) 772-9,78-6164
IMMA F `4-1'1 i.
I
IMPORTANT WARNING: This message is intended for the use of the person or entity to whom it is
addressed, and it may contain information that is attorney-client privileged and confidential, the disclosure of
which is governed by applicable law. If the reader of this e-mail is not the intended recipient, or the
employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this information is STRICTLY PROHIBITED. If you have received
this a-maill by error, please notify us immediately and destroy the related message. Also, under Florida law,
e-mails and written communications received or sent by the Indian River County Sheriffs Office are public
records, including names, addresses and e-mail addresses. They are generally subject to view by anyone
requesting! disclosure and will be released in response to a public records request.
>>> Kim Dean 2/25/2016 9:26 AM >>>
Please send Amber Grier an approval message so that she can start the process to order the attached
items.
Thank
Kim
57
file:///C:/Users/agrier/AppData/Local/Temp/XPgrpwise/56CF l 674IRCSOPO 11001326F7... 3/11/2016
Dylan Remgold, County• Attorney
Wilham K. DeBraal, Deputy County Attorney
Kate Ptngolt Cotner, :assistant County Attorney
Consent Agenda - B. C.C. d 516
Ofc of
INDIAN RIVER COUNTY
ATTORNEY
VE
BACKGROUND.
In New York, a class action lawsuit titled In re Municipal Derivatives Antitrust Litigation is pending
concerning allegations of price fixing in the sale of municipal derivative transactions by various
companies (the "Litigation"). Proposed settlements have been reached with many of the companies
named as defendants in the Litigation. In total, those defendants have agreed to pay $100 million for the
benefit of !the plaintiff class, which includes state, local and municipal governments that purchased
derivative transactions from one of the defendants or alleged co-conspirators at any time between January
1, 1992 and August 18, 2011 (the "Class"). The court in the Litigation will hold a hearing on July 8, 2016
to consider) whether the settlements are fair, reasonable and adequate to the Class. A list of the financial
institutions that allegedly sold the municipal derivative transactions and the companies that allegedly
brokered the sale of the municipal derivative transactions is provided in the notice of settlement.
By May Ho 2016, the Indian River County Board of County Commissioners ("Board") has to decide
whether to stay in the Class or exclude itself from the Class. No action is required in order to stay in the
Class. If the Board decides to stay in the Class, Indian River County will have until July 28, 2016 to file a
claim. The 'Board also has the right to file an objection to the proposed settlement or attend the hearing on
July 8, 2016. If the Board decides to stay in the Class, the Board will relinquish its right to file a lawsuit
concerning the issues and claims at stake in the Litigation.
Approved for Apri15, 2016 BCC Meeting
Consent Agenda
COUNTY ATTORNEY
Indian River Co. A proved Date
Admin. 31
Co. Atty.
Budget
Department - - -
Risk Management --- ---
F"Al-3MbIGEVOULIB C CA91nd-A11—'A1igp.1 Dlfi, rnar A4 Ling—d., 58
j MEMORANDUM
TO:
? Board of County Commissioners
FROM:
Dylan Reingold, County Attorney
DATE:
March 30, 2016
SUBJECT:
In re Municipal Derivatives Antitrust Litigation Class Action Lawsuit
BACKGROUND.
In New York, a class action lawsuit titled In re Municipal Derivatives Antitrust Litigation is pending
concerning allegations of price fixing in the sale of municipal derivative transactions by various
companies (the "Litigation"). Proposed settlements have been reached with many of the companies
named as defendants in the Litigation. In total, those defendants have agreed to pay $100 million for the
benefit of !the plaintiff class, which includes state, local and municipal governments that purchased
derivative transactions from one of the defendants or alleged co-conspirators at any time between January
1, 1992 and August 18, 2011 (the "Class"). The court in the Litigation will hold a hearing on July 8, 2016
to consider) whether the settlements are fair, reasonable and adequate to the Class. A list of the financial
institutions that allegedly sold the municipal derivative transactions and the companies that allegedly
brokered the sale of the municipal derivative transactions is provided in the notice of settlement.
By May Ho 2016, the Indian River County Board of County Commissioners ("Board") has to decide
whether to stay in the Class or exclude itself from the Class. No action is required in order to stay in the
Class. If the Board decides to stay in the Class, Indian River County will have until July 28, 2016 to file a
claim. The 'Board also has the right to file an objection to the proposed settlement or attend the hearing on
July 8, 2016. If the Board decides to stay in the Class, the Board will relinquish its right to file a lawsuit
concerning the issues and claims at stake in the Litigation.
Approved for Apri15, 2016 BCC Meeting
Consent Agenda
COUNTY ATTORNEY
Indian River Co. A proved Date
Admin. 31
Co. Atty.
Budget
Department - - -
Risk Management --- ---
F"Al-3MbIGEVOULIB C CA91nd-A11—'A1igp.1 Dlfi, rnar A4 Ling—d., 58
Board of County Commissioners
March 30, 2016
Page Tito
FUNDING.
I
i
There is no funding associated with this item if the Board decides to stay in the Class and file a claim. If
Indian River County has a valid claim. any payment owed to Indian River County will depend on the
number of valid claim forms filed.
RECOMMENDATION.
The CounIIty Attorney's Office recommends that the Board vote to stay in the Class and file a claim if
eligible. '
i
ATTACHMENT(S).
i
I
Notice of Proposed Class Action Settlement
F�4rroy L-d.'GF-VEX4LB C CA,—dn.Vemos V.,0np.1 DCmn .- An—. bog..— d-
59
099 *AUTO*"ALL FOR AADC 328 S
F1R3-0030803 1 /349/416
INDIAN RIVER COUNTY OFFICES
MR WILLIAM G COLLINS
CHIEF LEGAL COUNSEL
1801 27TH ST BLDG A
VERO BEACH, FL 32960-3388
O
110
March 24, 2016
Dear Sir/Madam:
You are receiving this letter because your organization has been identified as having been (or may have
been) involved in the purchase of municipal derivatives. There is a proposed Settlement in a class action
lawsuit regardling the sale of municipal derivatives by George K. Baum & Company ("GKB"), National
Westminster Bank PLC ("NatWest"), Natixis Funding Corp., Piper Jaffray & Co., Societe Generale SA,
and UBS AG
The Settlemerit includes all state, local and municipal government entities, independent government agencies
and private entities that purchased municipal derivatives any time from January 1, 1992 through August
18, 2011. The}Settlement affects only the claims against George K. Baum & Company ("GKB"), National
Westminster Bank PLC ("NatWest"), Natixis Funding Corp., Piper Jaffray & Co., Societe Generale SA,
i
and UBS AG ("UBS").
I
Please read the enclosed detailed notice, which provides additional information about the lawsuit, as well
as the enclosed distribution plan and Claim Form, which provides information about how you can submit
a claim for proceeds cfrom the Settlement. If you are not the appropriate contact, can you please assist us
in our efforts i y forwarding this notice packet to the appropriate person/office in your organization that
handles the purchase of municipal derivatives?
If you have ariy questions, please visit the website at www.MunicipalDerivativesSettlement.com or call
1-877-310-05112.
i
Sincerely,
Settlement Administrator
61
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
IfYou Purchased Municipal Derivative Transactions
from January 1, 1992, to August 18, 2011
You Could Get a Payment from a Class Action Settlement with
UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co.,
National Westminster Bank Plc, and George K. Baum & Co.
AFederal Court authorized this notice. It is not a sohotation from a lawyer.
A class action lawsuit called In re Municipal Derivatives Antitrust Litigation is pending in the United States -District Court
for the Southern District of New York. The lawsuit alleges price-fixing in the sale of municipal derivative transactions by
UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, George
K. Baum & Co., and other companies (which together are called the "Defendants"). Each Defendant has denied and
continues to deny (1) each and all of the claims and allegations of wrongdoing made by Class Plaintiffs in the Action and
maintains that it has meritorious defenses; (2) all charges of wrongdoing or liability against it arising out of any of the
conduct, statements, acts, or omissions alleged, or that could have been alleged, in the Action, and contends that the factual
allegations made in the Action relating to it are materially inaccurate; and (3) that Class Plaintiffs or any Class Member
were harmed by any conduct of Defendant alleged in the Action or otherwise. Each Defendant agreed to enter into this
Agreements solely to avoid further the expense, inconvenience, and the distraction of burdensome and protracted litigation.
Proposed sl ttlements of that class action lawsuit ("Settlements") have been reached with UBS AG, Societe Generale
S.A., Natixis Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, and George K. Baum & Co. ("Settling
Defendants"), Defendants in the above litigation. To resolve the claims against them, the Settling Defendants have entered
into separate Settlements, and have agreed to pay settlement amounts in the aggregate over $100 million (the "Settlement
Amounts") as detailed within this notice, subject to the terms and conditions of the Settlement Agreements for the benefit
of the Class (defined below), and, in some instances, to provide reasonable cooperation, including discovery cooperation,
to Class Plaintiffs' Counsel for the benefit of the Class. Co -Lead Counsel, jointly with Certain State Attorneys General,
reached the settlements with Societe Generale SA and Natixis Funding Corporation that are addressed within this Notice.
The Settlement must be approved by the Court to become final. The Court will hold a hearing on July 8, 2016, at 2:00 p.m.
to consider whether the Settlements should be approved as fair, reasonable, and adequate to the Class ("Fairness Hearing").
YOUR
OPTIONS FORTHE
This is the only way to be eligible to get a payment from the
STAY I;`PIE°CIA�S=::= -
Settlement Amount from the settlements with Defendants.
No action required
-- _
This payment will be made at a later time.
You will ~4 -
{'..;.` ° get no payment from the Settlement Amount.
Excluding yourself from the Class is the only way to keep
1yRO1tI�'T;CL1S ''
the right to sue Defendants, at your own expense, or be part
May 17, 2016
of any other lawsuit against Defendants, for the same legal
claims alleged in this lawsuit. See Question 16.
"_'''' Take no position on the Settlements. You are automatically
DO N, 1V
<aN0'I II ?.
ti:C1<.AIIr`OR1s!I= "`'
a member of the Class if you fit within the definition of the
='
Class. See Question 8. You will claim form to
need to file a
July 28, 2016 (claim deadline)
receive anpayment. See Questi n 13.
0
QOBJiEC' '; - '
= `
Write to the Court about whyyou don't like the Settlements.
y
.; .,_ .
..a See Question 22.
June 20, 2016
°Y Tr
Ask to speak to the Court, on your own or through a lawyer
g �
at and 26.
your expense. See Questions 22
July 8, 2016 at 2:00 .m.
' P
PLEASE READ THIS ENTIRE NOTICE CAREFULLY.
IT EXPLAINS YOUR RIGHTS AND OPTIONS REGARDING THE SETTLEMENT
AND STATES THE DEADLINES FOR EXERCISING THEM 62
-i-
WHATTHIS NOTICE CONTAINS
BASICINFORMATION............................................................................................................................ Page 3
I
1. Why did I get this notice?
2. What is a (class action?
3. Who are the Class Representatives in this lawsuit?
4. Who are the Defendants and Co -Conspirators?
5. What claims are the Class Representatives making on my behalf?
6. Why is there a Settlement?
7. Are All Defendants other than Bank of America settling?
WHO IS AFFECTED BYTHE SETTLEMENT?....................................................................................... Page 5
8. How do I know if I am a member of the Class?
9. Are there exceptions to being included in the Class?
10. What if I'm still not sure if I'm included in the Class?
THESETTLEMENT BENEFITS..............................................................................................................
Page 5
11. What doesithe Settlement provide?
12. How much will my payment be?
13. How can I get a payment?
14. When would I get a payment?
15. What am Ilgiving up to stay in the Class?
EXCLUDING YOURSELF FROM THE CLASS........................................................................................
Page 6
16. How do I get out of the Class?
17. If I don't exclude myself from the Class, can I sue Settling Defendants later?
18. If I exclude Imyself from the Class, can I get money as a result of the Settlements?
19. What if I pi rticipated in the State AG Settlements?
THE LAWYERS REPRESENTING YOU...................................................................................................
Page 8
20. Do I have a! lawyer in this case?
21. How will the lawyers be paid?
OBJECTING TO THE SETTLEMENT....................................................................................................
Page 8
22. If I disagree with the Settlement, how do I tell the Court?
i
23. What's the � ifference between objecting to the Settlement and excluding myself from the Class?
THE COURT'S FAIRNESS HEARING.....................................................................................................
Page 9
24. When and (where will the Court decide whether to approve the Settlement?
25. Do I have to come to the hearing?
26. May I speal at the hearing?
IFYOUDO NOTHING..............................................................................................................................
Page 9
27. What happens if I do nothing at all?
GETTINGMORE INFORMATION......................................................................................................... Page 9
28. Are there more details about the Settlement?
29. How do I get more information?
30. How can I update my address?
2 63
NATIXIS
DISTRIBUTION PLAN
FOR THE FOLLOWING MUNICIPAL DERIVATIVE SETTLEMENTS:
UBS AG ("UBS")
SOCIETE GENERALE, S.A. ("SOC GEN")
ING CORP., F/K/A IXIS FUNDING CORP., AND BEFORE THAT, F/K/A CDC FUNDING
CORP. ("NATIXIS")
PIPER JAFFRAY & CO. ("PIPER")
NATIONAL WESTMINSTER BANK PLC ("NATWEST")
GEORGE K. BAUM & COMPANY ("GK BAUM")
1. Allocation Funds. The Allocation Funds shall be: $32,000,000 for the UBS Settlement ("UBS Fund"); $28,452,500
for the Natixis Setilement ("Natixis Fund"); $25,412,500 for the Soc Gen Settlement ("Soc Gen Fund"); $9,750;000
for the Piper Settlement ("Piper Fund"); $3,500,000 for the NatWest Settlement ("NatWest Fund"); and $1,400,000 for
the GK Baum Settlement ("GK Baum Fund"). The Settlement Agreements describing these settlements can be found at
www MunicipalDenvativesSettlement.com
2. Net Allocation Funds. The Allocation Funds, less all taxes, expenses of the Notice and administration of the Settlement,
court -approved costs, attorneys' fees, class representative enhancement awards, and expenses (the "Net Allocation Funds,"
and individually the "Net UBS Fund," the "Net Natixis Fund," the "Net Soc Gen Fund," the "Net Piper Fund," the "Net
NatWest Fund," and the "Net GK Baum Fund") shall be distributed to members of the Class who timely submit valid Proofs
of Claim ("Authorized Claimants") as described below and in the attached Proof of Claim form. In the opinion of Lead
Counsel, this repress nts the most appropriate way of allocating the Net Allocation Funds under the circumstances of this case.
3. State AG Settlements. The State AG Settlements refer, collectively, to the following settlements involving municipal
transactions: an out-of-court settlement, dated December 23, 2011, between GE Funding Capital Market Services, Inc.
and 28 States Attorneys General ("State AG Settlement with GE"); an out-of-court settlement dated December 7, 2010
between Bank of America Corporation and 28 States Attorneys General ("State AG Settlement with Bank of America");
an out-of-court settlement dated December 8, 2011 between Wachovia Bank, N.A. and 26 State Attorneys General ("State
AG Settlement witfi Wacbovia"); an out-of-court settlement dated May 4, 2011 between UBS AG and 25 State Attorneys
General ("State AGI Settlement with UBS"); an out-of-court settlement dated July 7, 2011 between JP Morgan Chase & Co.
and 25 States Attorneys General ("State AG Settlement with JPMorgan"). These settlements, and related information, can
be found at www aQ ny gov/antitrust/lepal-documents/municipal-bond-derivatives-investigation
4.QualifyingM Inicipal Transactions For purposes of this Distribution Plan, a "qualifying Municipal Transaction" is a
Municipal Derivative Transaction that qualifies its holder to be a member of at least one of the Settlement Classes, subject to
the parameters and exclusions set forth in the definitions of a Class and of a Municipal Derivatives Transaction in the various
Settlement Agreements.' A notable exception applies to transactions for which claimants accepted payments from the State
AG Settlements: if a transaction is between an Authorized Claimant and provider Defendant Bank of America, JPMorgan,
GE, UBS or Wachovia, and the claimant accepted a State AG payment for that transaction from the corresponding State AG
Settlement with Bank of America, JPMorgan, GE, UBS or Wachovia, respectively, then that transaction is not a qualifying
Municipal Transaction.
5. Proof of Claim. In order to qualify a transaction as a qualifying Municipal Transaction, and to earn benefits from the
Allocation Funds, alClass Member must submit a timely Proof of Claim that is accepted in whole or in part by the Settlement
Administrator. Counsel for Class Plaintiffs have attempted to collect transactional data from Defendants showing which
qualifying Municipal Transactions exist. While some transactional data has been collected, some is missing, and claimants
should submit the + own information to the extent available. The Settlement Administrator may in its discretion request
documentation during auditing to confirm transactions submitted by Authorized Claimants. The Settlement Administrator
will try to assist potential claimants to the best of its ability.
' See UBS Settlement Agreement 9A(1)(i) (defining Class) & IAM(y) (defining Municipal Derivatives Transaction); Natixis Settlement Agreement
1A(1)(i) (defining Class) & 1A(1)(x) (defining Municipal Derivatives Transaction); Soc Gen Agreement JA(1)(i) (defining Class) & JA(1)(x)
(defining Municipal Derivatives Transaction); Piper Agreement 9A(1)(i) (defining Class) & JA(1)(y) (defining Municipal Derivatives Transaction);
NatWest Settlement Aireement JA(1)(i) (defining Class) & JA(1)(x) (defining Municipal Derivatives); and GK Baum Settlement Agreement TA(1)
(i) (defining Class) &,A(1)(x) (defining Municipal Derivatives).
-1-
64
6. Pro Rata Claim. The Pro Rata Claim of each Authorized Claimant will be determined by calculating each Authorized
Claimant's pro grata share of the Net Allocation Funds. This will be calculated in the following three steps:
I
a. First, each Authorized Claimant's "notional stake" is calculated. An Authorized Claimant's notional stake equals the
sum of the notional stakes for each of its qualifying Municipal Transactions. The notional stake of a qualifying Municipal
Transacdoni equals the notional amount of the transaction' at issuance multiplied by the term of the transaction in years.
For example, if an Authorized Claimant had a qualifying transaction with $1 million notional amount, which was
executed ori February 1, 2010 with a maturity date of August 1, 2020, then the notional stake of that transaction would
be: (notional amount = $1 million) * (term = 10.5 years) = $ 10.5 million. If a transaction gives rise to an Offered Claim
(as defined below), however, the notional stake for that transaction is zero.
b. Second, Ieach Authorized Claimant's "notional share" is calculated. This is calculated by dividing each Authorized
Claimant's notional stake by the sum of the notional stakes of all Authorized Claimants. For example, if an Authorized
Claimant has a notional stake of $10.5 million, and the total notional stake of all claimants combined is $1050 million,
then that Authorized Claimant's notional share is .01.
c. Third, the Pro Rata Claim for each Authorized Claimant is calculated by multiplying theaggregate amount in the
Net Allocation Funds by that Claimant's notional share.
4
7. Offered Claim. An Offered Claim is a claim for a qualifying Municipal Transaction for which the State AGs offered the
Authorized Claimant a payment under any of the State AG Settlements with GE, Wachovia, JPMorgan, Bank of America
or UBS but the claimant did not accept the offer. The amount of an Offered Claim equals the amount offered by the State
AGs for that transaction (but declined). However, if a Class Member has already received the full amount of an Offered
Claim for a Transaction from a prior distribution of Class Settlement funds in this litigation, then the qualifying Municipal
Transaction will not be treated as an Offered Claim but instead will be treated in the same manner as other qualifying
Municipal Transactions (see paragraph 6 above).
8. Recognized Claim. A Recognized Claim is calculated by adding each claimant's Pro Rata Claim to its Offered Claim(s).
9. Allocation, The Net Allocation Fund shall be distributed to the Authorized Claimants, as follows and in the following order:
a. The Net UBS shall be distributed in the following manner:
i. No Authorized Claimant who accepted a State AG offer from the State AG Settlement with UBS shall receive
any distribution from the UBS Fund for any portion of its Pro Rata Claim that is based on a transaction with UBS
between January 1, 2001 and December 31, 2006.
ii. Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equals
the amount' of their Offered Claim(s), to the extent funds are available.
iii. The remaining portion of the UBS Fund shall be distributed, on a pro rata basis, to the Authorized Claimants in
an amount based on their remaining Pro Rata Claims, to the extent funds are available
b. The Net Natixis Fund shall be distributed in the following manner:
i. Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equals
the amountlof their Offered Claim(s), to the extent funds are available.
ii. The remaining portion of the Net Natixis Fund shall be distributed, on a pro rata basis, to the Authorized
Claimants to an amount based on their remaining Pro Rata Claims, to the extent funds are available.
c. -The Net Soc Gen Fund shall be distributed in the following manner:
I. Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equals
the amount of their remaining Offered Claim(s), to the extent funds are available.
"The notional amount of a transaction can be recorded in different ways. Depending on the information available, the following notional amount will
be used, in order of preference: the notional amount recorded in the provider's transactional data; the average notional amount; the starting notional
amount; and the maximul.l notional amount.
-2- 65
ii! The remaining portion of the Net Soc Gen Fund shall be distributed, on a pro rata basis, to the Authorize
Claimants in an amount based on their remaining Pro Rata Claims, to the extent funds are available.
d. The Net Piper Fund shall be distnbuted in the following manner:
i. I Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equa
the ` amount of their remaining Offered Claim(s), to the extent funds are available.
ii.j The remaining portion of the Net Piper Fund shall be distributed, on a pro rata basis, to the Authorized Claiman
in an amount based on their remaining Pro Rata Claims, to the extent funds are available.
e. The Net NatWest Fund shall be distributed in the following manner:
i. I Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equa
the amount of their remaining Offered Claim(s), to the extent funds are available.
ii. I The remaining portion of the Net NatWest Fund shall be distributed, on a pro rata basis, to the Authorize
Claimants in an amount based on their remaining Pro Rata Claims, to the extent funds are available.
f. The Net GK Baum Fund shall be distributed in the following manner:
i. 1 Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equa
the amount of their remaining Offered Claim(s), to the extent funds are available.
`y ii. I The remaining portion of the Net GK Baum Fund shall be distributed, on a pro rata basis, to the Authorize
Claimants in an amount based on their remaining Pro Rata Claims, to the extent funds are available.
g. The Settlement Administrator has the discretion to adjudicate any dispute about the scope of an individu
claimant's release and, as a result, to make any necessary adjustments to which Authorized Claimants are exclude
from participating in any of the Net Settlement Funds set forth in (a) -(e) above.
10. De Minimus Amount. In order to avoid paying claims in situations where the cost of processing the claim exceeds tt
payment made, no claim will be paid to any claimant if the total payment to that claimant would be $10 or less; in such
event, the payment amount will revert back the relevant Allocation Fund.
11. Rounding. The distribution to each Authorized Claimant from the Net Allocation Funds will be rounded off to tt
nearest dollar. The Distribution Plan may be modified upon further order of the Court. Any updates will be published on tt
website www.MunicipalDerivativesSettlement.com.
1
66
-3-
BASIC INFORMATION
1. Why did'I:get this notice?
This class action, In re Municipal Derivatives Antitrust Litigation, is about the sale of municipal derivative transactions
(described below) in the United States and its territories from January 1, 1992, to August 18, 2011. You have been identified
as an entity that may have purchased one or more municipal derivative transactions that were sold during that time frame. If
you purchased a municipal derivative transaction from one or more of the Defendants or Alleged Co -Conspirators (Alleged
Co -Conspirators are identified in Question 4 below) or that was brokered by one or more of the Defendants or Alleged
Co -Conspirators, then you may be a member of the class conditionally certified by the Court for the purposes of these
Settlements (the "Class").
If you are eligible for benefits from these Settlements, you have a right to know about'it and about all of your options before
the Court decides whether to approve the Settlements. This notice describes the lawsuit, the Settlements, your legal rights,
what benefits are available, who is eligible for those benefits, and how to get them. In particular, you may be eligible to receive
a cash payment.
2. What is:a class actior.�
A class action is a lawsuit brought by one or more representative parties, called "Plaintiffs" or "Class Representatives," on
behalf of themselves and other similarly situated entities or persons. (The Plaintiffs here are defined in Question 3, below.)
The members of this group are known collectively as a class. The parties being sued are called the defendants. The court
appoints attorneys, called "Class Counsel," to represent the Plaintiffs and other members of the class. (Class Counsel are
defined in Question 20, below) Together, the Class Representatives, Class Counsel, and the Court share the responsibility
to ensure that the interests of all class members are adequately represented. The Court resolves the claims of all class
members except those who exclude themselves from the class. U.S. District Judge Victor Marrero of the U.S. District Court
for the Southern District of New York is in charge of supervising this class action.
When the Plaintiffs enter into a proposed settlement with a defendant, such as those with UBS AG, Societe Generale S.A.,
Natixis Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, and George K. Baum & Co., in this case, the
Court must approve the settlement before it becomes final. Before the Court decides whether to grant approval, the class
members are 'first given notice of the settlement and an opportunity to be heard about whether they want the settlement to
become final 11he Court then conducts a hearing, called a fairness hearing, to consider whether the proposed settlement is
fair, reasonable and adequate to the class.
Members of the class are not individually responsible to pay attorneys' fees or litigation expenses of Class Counsel. Instead,
attorneys' fees and litigation expenses are paid from a settlement (or a judgment if there has been a trial), and only after being
approved by the Court.
�3 Who:are'the Class:
piSesent�tl�s�in:this•la,�s_ui�;; �...,,:, ,
The Plaintiffs; or Class Representatives, in this class action are the Mayor and City Council of Baltimore and the Central
Bucks School District. They allege that they purchased one or more municipal derivative transactions from January1,1992,
to August 18, 2011, from or through one or more of the Defendants.
The Defendants and Alleged Co -Conspirators in this class action fall into two groups: (1) "Alleged Provider Defendants"
and "Alleged Provider Co -Conspirators," which are financial institutions that sold the municipal derivative transactions to
members of the Class, and (2) "Alleged Broker Defendants" and "Alleged Broker Co -Conspirators," which are companies
that brokeredlthe sales of municipal derivative transactions to members of the Class.
For purposes of determining who is a member of the Class, Defendants and Alleged Co -Conspirators include those named
or that could have been named in In re Municipal Derivatives Antitrust Litigation, MDL No. 1950, Master Docket No. 08-
02516 (VM) (GWG), which is currently pending in the U.S. District Court for the Southern District of New York, and all
of the actions filed in or transferred to the U.S. District Court for the Southern District of New York for coordination or
consolidation 'with MDL No. 1950 (a complete list is available at www.Municii2alDerivativesSettlement.com). In addition
to UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, and
George K. Baum & Co., the following entities are Defendants or Alleged Co -Conspirators in the lawsuit:
67
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• Bank of America, N.A.'
Provid_ er
Aw i
- _ �g:
• AIG Finaricial Products Corp.
• Financial Security Assurance Holdings, Ltd.
• Financial Security Assurance, Inc.
• JP Morgan Chase & Co., J.P. Morgan Securities, Inc.
(n/k/a J.P. Morgan Securities LLC) and Bear Stearns &
Co., Inc. (n/k/a/ J.P. Morgan Securities LLC)**
• Mor-aan Stanlev*
• GE Funding Capital Market Services, Inc., Trinity Funding
Co., LLC and Trinity Plus Funding Co., LLC'
• Lehman Brothers
• SunAmerica Life Assurance Co.
• MG Financial Products Corp.
• Wachovia Bank, N.A. (n/k/a Wells Fargo Bank, N.A.)—
• XL Asset Funding Co. I, LLC
• XL Capital Ltd.
• XL Life Insurance & Annuity, Inc.
_.
_ _ Alleged_ Broker Defersda_ rits
• CDR Financial Products - -
• Sound Capital Management, Inc.
• Investment Management Advisory Group, Inc. Winters & Co. Advisors, LLC
.e
t _ 'Broker d
• Feld Winters Financial LLC Mesirow Financial
• First Southwest Company•Morgan Keegan & Co., Inc.
• Kinsell Newcomb & De Dios Inc. PackerKiss Securities, Inc.
* On November 23, 2011, the Court approved the Plaintiffs'settlement with Morgan Stanley.
** On December 14, 2012, the Court approved the Plaintiffs'settlement with Wells Fargo/Wachovia and JPMorgan.
On June 6, 20,14, the Court approved the Plaintiffs'settlement with Bank of America and GE Funding Capital Market Services.
claims are the
The Class Representatives claim that the Defendants violated federal antitrust laws by conspiring to fix, maintain or stabilize
the price of municipal derivative transactions and by rigging bids and allocating customers and markets for municipal derivative
transactions in the United States. Municipal derivative transactions are defined as financial products used by issuers of tax-exempt
municipal bonds (such as states, cities, counties, or their agencies, and tax-exempt, non-profit private entities) to invest the money
received from such bond offerings while they are waiting to spend it or to hedge or manage the interest rate risk associated with
such bond offerings. Municipal derivative transactions come in many varieties. Some of the more common types are:
• Guaranteed investment contracts • "Swaptions" (a combination of a swap and an option)
• Interest -rate 'swaps • Interest -rate floors
• Options • Collars
By this lawsuit, the Class Representatives are seeking compensation from the Defendants for these claimed violations,
alleging that the Defendants' conduct restrained, suppressed or eliminated price competition for municipal derivative
transactions, causing the members of the Class to receive lower returns on municipal derivative transactions than they would
have received abs nt Defendants' alleged conduct.
Each Defendant has denied and continues to deny (1) each and all of the claims and allegations of wrongdoing made by Class
Plaintiffs in the Action and maintains that it has meritorious defenses; (2) all charges of wrongdoing or liability against it arising
out of any of the conduct, statements, acts, or omissions alleged, or that could have been alleged, in the Action, and contends
that the factual allegations made in the Action relating to it are materially inaccurate; and (3) that Class Plaintiffs or any Class
Member were harmed by any conduct of Defendant alleged in the Action or otherwise. Each Defendant agreed to enter into
this Agreement solely to avoid further the expense, inconvenience, and the distraction of burdensome and protracted litigation.
{... is there a Set4ment.> _
The Settlements, if approved, will resolve the remaining claims in the Class litigation. The Court has not decided in favor of
either the Plaintiffs or UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co., National Westminster
Bank Plc, or George K_ Baum & Co. Instead, all sides have agreed to the Settlements, which are separate agreements between
the Class Representatives and, respectively, UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co.,
National Westminster Bank Plc, and George K. Baum & Co. That way, all sides avoid the cost and risk of continuing the case. 68
-4-
The Class Representatives and their attorneys, appointed by the Court to serve as Class Counsel, believe that the Settlements are
best for all members of the Class. If the Settlements are approved by the Court and the Court's approval order becomes final, the
Settlement Amounts will be paid into the settlement fund in exchange for dismissal and resolution of the claims against them.
These Defendants are the last remaining Defendants in the case. However, if any one of these Settlements with a particular
Defendant is not approved, the litigation will proceed against that Defendant. If you participate in these Settlements, you will
keep your rights to participate or exclude yourself from any other class that may be certified by the Court in this lawsuit as a
' result of Plaintiffs' motion for certification of such a class or as a result of a settlement with one or more of the other Defendants.
WHO IS AFFECTED BYTHE SETTLEMENT?
To see if you are affected by the Settlements, you first have to determine if you are a member of the Class.
8. How:do'I know if I am a�memlier of the Class? _
._... -
Included in the Class are state, local and municipal government entities, independent government agencies, quasi -government,
and private entities that purchased municipal derivative transactions through negotiation, competitive bidding, or auction:
• From any Alleged Provider Defendant or Alleged Co -Conspirator or brokered by any Alleged Broker. Defendant or Alleged
Co -Conspirator described in Question 4 (a complete list is available at www MunicipalDerivativesSettlement.com);
• At any time from January 1, 1992, through August 18, 2011; and
• In the United States and its territories or for delivery in the United States and its territories.
�9 Are tii� °e'exc th eer -
n�o°b`` -
•uic ' tided tin � `e'.Cl s.
- stJ -
Excluded from) the Class are:
• UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, George K.
Baum & Co �, and their affiliates, and any of their officers, directors or employees.
• Any judge, justice or judicial officer presiding over this matter and the members of their immediate families and judicial staffs.
• Any AllegedlProvider or Broker Defendant or Alleged Co -Conspirator.
10?l7ta<;I:m= till:•n= _ :4 _,,:
,S 4.t�st�re�if'I?ln'in�ii�ded�in:the•�C
-,.._e.,-..,....._....�, „"._...-,.� ,....d...,..,-..__ ... ... .. _ - - - .,.{kyr=t`ty- dig-i_i��':.,;• If you are not sure whether you are a member of the Class, you may visit the Municipal Derivatives Settlement website at
www.MunidpalDerivativesSettlement.com, call toll-free 1-877-310-0512, or write to Municipal Derivatives Settlement,
c/o Rust Consulting, P.O. Box 2500, Faribault, MN 55021-9500.
You may also want to call your broker(s) to see if you purchased municipal derivative transactions from January 1, 1992, to
August 18,201!1.
THE SETTLEMENT BENEFITS
;11:' atd'oFs:tlre}Se`-
Under the Settlement, the Settlement Amounts are as follows:
• UBS AG $ 32 million
• Natixis Funding Corp. $ 28.4525 million
• Societe Generale S.A. $ 25.4125 million
• Piper Jaffray & Co. $ 9.75 million
• National Westminster Bank Plc $ 3.5 million
• George K. Baum & Co. $ 1.4 million
UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co., and George K. Baum & Co., will also provide
reasonable cooperation to Class Plaintiffs' Counsel (to the extent necessary if any of the settlements are not finally approved),
as described in the Settlement Agreements. In addition, UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper
i
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Jaffray & Co., and National Westminster Bank Plc. have the option to terminate the Settlement if more than a certair.
percentage i f Class members exclude themselves from the Classes, as explained in the Settlement Agreements.
This is only a summary of the Settlements. The Settlement Agreements are on file with the Clerk of the Court at the
address indicated in this notice and are available at the official Municipal Derivatives Settlement website at www
MunicipaLDerivativesSetdement. com.
12� �How'mucli .. _ .. - .,._ ...:..::_ ., , •. ... :; ;:__.�<:. _ - -
The Settlement Amount will be distributed pursuant to a plan of allocation that has been preliminarily approved by the
Court and will be submitted to the Court for final approval at the final approval hearing (see Question 13). That plan o
allocation is attached to this notice and Class members can comment on it before the Court approves it. Payments will alsc
depend, in part, on the number of valid claim forms thus far and subsequently received.
:�13•--Ho can
A Claim IForm is attached. To be considered for payment, your Claim must be submitted online (at wwv
MunicipalDerivativesSetdement.com), OR mail it by July 28, 2016. If you previously submitted a Claim Form, and you do no
have any changes to make to it, you do not need to do anything—your previous Claim Form will be used for these settlement:
If you are a, member of the Class and do not exclude yourself from the Class, you are eligible to file a claim for a paymen
from the Settlement Amount. At the Fairness Hearing, the Court will be asked to finally approve a plan, called a "Plan c
Allocationexplaining how the Settlement Amount will be divided among eligible Class members. That plan of allocatio
is attached. See Question 12.
You will need to properly complete and submit the Claim Form in order to receive a payment. The Claim Form include
instructions for completing and returning it. You may be asked to submit documentation of your purchases of municip-.
derivative transactions along with your claim form, so you should keep all of your records.
Claim forms will also available at the Municipal Derivatives Settlement website or by writing the Settlement Administrato
�Y.
ent. - - - -
•woiild I P3'II'
a -
You should1be aware that it will take a significant amount of time to process fully all of the Claim Forms and to administ(
the Settlements. This work will be completed as promptly as time permits, given the need to investigate and tabulate eac
Claim Form. Please be patient. Check the Municipal Derivatives Settlement website for updates.
J. ����nn)'-
u to sta iii tke,
1
Unless you; exclude yourself from the Class (see Question 16), you will remain in the Class and your interests will l
represented by the Class Representatives and Class Counsel at no cost to you. However, you may have your own attornc
represent you at your expense if you choose to do so.
If you remain in the Class, you will be bound by all of the Court's decisions with respect to the Settlements. Also, you will to
the right to sue or continue to sue UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co., Nation
Westminstef Bank Plc, and George K. Baum & Co., in this case or any other lawsuit about the issues and claims in tl:
case. However, you will not give up certain potential claims unrelated to municipal derivatives transactions that you mig
have against UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co., National Westminster Bank P
and George K. Baum & Co. The Settlement Agreements, which are available at www MunicipalDerivativesSettlement.coI
describe inImore detail the legal claims that you give up if you stay in the Class, and they contain the frill release provisioi
We are only providing a brief summary herein.
In addition, because the Settlements involve only UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray
Co., National Westminster Bank Plc, and George K. Baum & Co., and do not affect the rights of the Class members agair
any of the other Defendants, you will not give up any claims against them in this or any other lawsuit.
EXCLUDING YOURSELF FROM THE CLASS
If you don't want a payment from the Settlement Amount and you want to keep the right to sue UBS AG, Societe Gener:
S.A., NatMs Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, and/or George K. Baum & Co. about t
claims or issues in this case, then you must take steps to get out of the Class. This is called excluding yourself—sometin
referred tolas "opting out" of the class. 70
-6-
16. Haw do h et out of theC'<«.a.
g..-
You have the right to exclude yourself from the Class. You can choose to exclude yourself from some but not all Settlements. If
you ask to be excluded, however, you will not get any payment as a result of the Settlements from which you exclude yourself,
and you cannot object to those Settlements. You will not be bound by the Settlements from which you exclude yourself and
will have the right to sue or continue to sue the Defendants involved in the Settlements from which you exclude yourself.
To exclude yourself from the Class, you must send a written request by first-class mail, postmarked no later than May 17, 2016, to:
Municipal Derivatives Settlement
c/o Rust Consulting, Inc.
P.O. Box 2500
Faribault, MN 55021-9500
If you wish to exclude yourself, you must exclude yourself in a separate writing for each Settlement from which you would
like to be excluded (i.e., the Settlements with UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray & Co.,
National Westminster Bank Plc, and George K. Baum & Co.). Your exclusion request(s) must clearly state the following:
(a) Your name, address, and telephone number;
(b) All trade names or business names and addresses that you have used, as well as any subsidiaries, divisions, groups, affiliates,
or other entities that you used to enter transactions on your behalf, that have purchased by negotiation, competitive
bidding or auction municipal derivatives directly from an Alleged Provider Defendant or Alleged Co -Conspirator, or
through an Alleged Broker Defendant or Alleged Co -Conspirator, at any time from January 1, 1992, through August
18, 2011, ini the United States and its territories or for delivery in the United States and its territories that are also
requesting exclusion;
(c) A descriptio n of the municipal derivative transactions you purchased that fall within the Class definition (including the
identity of the provider and broker, the date of the transaction, the type of transaction, any transaction identification
numbers and the notional amount of the transactions), to the extent such information is available;
(d) the name of the class action you wish to exclude yourself from:
a. In re Municipal Derivatives Antitrust Litigation — UBSAG Settlement, MDL No. 1950, Master Docket No. 08-02516
(S.D.N.Y.); or
b. In re Minicipal Derivatives Antitrust Litigation — Socidtd GM rale S.A. Settlement; or
C. In re Municipal Derivatives Antitrust Litigation —Nat:xis Funding Corp. Settlement, or
d. In re Mui nicipal Derivatives Antitrust Litigation — Piper jafray & Co. Settlement, or
e. In re Municipal Derivatives Antitrust Litigation — National Westminster Bank Plc Settlement, or
f. In re Municipal Derivatives Antitrust Litigation — George K. Baum & Co. Settlement, and
(e) A signed statement that you request to be excluded from the Class.
Please note that you may have previously received similar notices regarding settlements with other Defendants (i.e., Morgan
Stanley, JP Morgan Chase &. Co., J.P. Morgan Securities, Inc., Wachovia Bank, N.A. (n/k/a Wells Fargo Bank, N.A.), Bank
of America, N.A:, GE Funding Capital Market Services, Inc., Trinity Funding Co., LLC and Trinity Plus Funding Co.,
LLC). "These were separate settlements, and if you wish to exclude yourself from the UB S AG, Societe Generale S.A., Natixis
Funding Corp., Piper Jaffray &. Co., National Westminster Bank Plc, and/or George K. Baum &, Co. settlements, you must
send a separate and speck notice containing the information noted above with regard to each of the Settling Defendant settlements.
Information about excluding yourself is also available on the Municipal Derivatives Settlement website at www.
MunicipalDeriva j ivesSettlement.com.
17. If I don't exclude myselfrom the: C)"ass can h sue the Set _ tl' :efendants as"ter?
_irigD
No, not about the issues in this case. Unless you exclude yourself, you give up any right to sue UBS AG, Societe Generale
S.A., Natixis Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, and/or George K. Baum & Co., for the
claims or issues resolved by these Settlements. If you have a pending lawsuit against UBS AG, Societe Generale S.A., Natixis
Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, or George K. Baum & Co., involving the claims or issues
in this class action, speak to your lawyer in that case immediately. (You must exclude yourself from the relevant Class in order
to continue participation in any other lawsuit against UBS AG, Societe Generale S.A., Natixis Funding Corp., Piper Jaffray &
Co., National Westminster Bank Plc, and George K. Baum & Co., involving the claims or issues in this class action.) 71
-7-
y;
18 Ifi'egclude myself"from -the . Class, can`t get money as a result of the Settlements?._ -
No. If you exclude yourself from the Class, you will not be able to get any money as a result of the Settlements, and you
cannot object to the Settlements; however, you may be able to UBS AG, Societe Generale S.A., Natixis Funding Corp.,
Piper Jaffray & Co., National Westminster Bank Plc, and/or George K. Baum & Co. on your own in the future, and you will
not be bound by any decisions relating to these Settlements.
at
:participate S�,
"tate - � -
If you entered into municipal derivative transactions with certain entities—including Bank of America, GE, JP Morgan, UBS,
and Wachovia you may have been eligible to participate in the State AG Settlements relating to those entities. To the extent
that you were eligible to participate in the State AG Settlement, you should have received a separate notice concerning the State
AG Settlements J Class members who participated in the State AG settlements must indicate that on the Claim Form. The plan
of allocation explains how those with claims eligible for participation in the State AG settlements are treated here.
THE LAWYERS REPRESENTING YOU
;ru.sL,v:4,ipa c;aiary spin: !s case.'
Yes. The Court has appointed the law firms of Hausfeld LLP; Boies, Schiller & Flexner LLP; and Susman Godfrey L.L.P.
to serve as interim lead Class Counsel to represent your claims. If you want to be represented by your own lawyer, you may
hire one at your own expense.
;Z+Iti:tal' ivwill:tlie lie• "aid.
You are not personally responsible for payment of attorneys' fees or expenses for Class Counsel. Instead, as compensation for their
time and the risk in litigating the case on a contingent basis, Class Counsel will ask the Court to approve from the Settlement
Amount an inte 'run payment of attomeys' fees, as well as an interim reimbursement for their expenses actually incurred in the
prosecution of the litigation. Class Counsel will make a request for fees (equaling up to 1/3 of the total Settlement Amounts)
and expenses at or before the date for objections on June 20, 2016 (see Question 24), and this request will be made available at
the Municipal Derivatives Settlement website. Now or at some point in the future, Class Counsel may also ask the Court to
approve compensation for the work of the Class Representatives as well, for up to $20,000 each for each settlement.
If you wish to object to the request for attomeys' fee and expenses, you must file your objection by June 20, 2016 as described
in Question 22 below:
OBJECTING TO THE -SETTLEMENT ORTHE REQUEST FOR ATTORNEYS' FEES AND EXPENSES
You can tell the Court that you don't agree with all or part of the Settlements or Class Counsel's request for attorneys' fees
and expenses.
;22.:rf`I=tLs` 'e:with the
�g„r,= ... Settlements chow::dt:I"aelhal`eCoiut.
If you don't exclude yourself from the Class, you can object to the Settlements or any part of it with which you do not
agree. The Court will consider your views. To object you must mail or deliver copies of your objection (and all supporting
documentation) no later than June 20, 2016 to the following addresses:
Settlement Administrator
Clerk of the Court
Rust Consulting, Inc.
Clerk of the Court
P.O. Box 2500
United States Courthouse
Faribault, MN 55021-9500
500 Pearl Street
New York, N.Y. 10007
Your letter must:
(a) Explain the basis for your objection; and
(b) Include proof iof your membership in the Class (such as documents showing that you purchased municipal derivative
transactionsfrom or through one or more of the Defendants or Alleged Co -Conspirators from January 1, 1992, to
August 18, 2011). 72
-8-
23.
Objecting is simply telling the Court that you don't agree with something about the Settlements. You can object to the
Settlements only if you stay in the Class. Excluding yourself is telling the Court that you don't want to be part of the Class.
If you exclude yourself, you have no basis to object because the Settlements no longer affect you.
THE COURT'S FAIRNESS HEARING
29: When andwhere=will the' Court deeide;wlietlierto`a dove the Settlements?
The Court has I scheduled a Fairness Hearing on July 8, 2016, at 2:00 p.m. at the United States District Court for the
Southern District of New York, 500 Pearl Street, New York, NY 10007. At the Fairness Hearing, Judge Marrero will consider
whether the Settlements and plan of allocation are fair, reasonable and adequate. The Court will consider any objections and
whether to approve Class Counsel's request for reimbursement of litigation fees and expenses. The Court may change the
time and date of the Fairness Hearing. If so, notice of any change will be posted at the courthouse or on the Court's website.
The change willialso be posted at www.MunicipalDerivativesSettlement.com. You should confirm the time and location of
the Fairness Hei ng if you plan to attend.
`r N'
Do`I-have:fo�co�"
No. At the Fa"ess Hearing, Class Counsel will represent all the Class. However, you or your attorney may attend at your
own expense. If .you send an objection, you don't have to come to Court to talk about it. As long as you mailed a. written
objection meetirig the requirements set forth in Question 22, the Court will consider it.
(2) Mail or deliver copies of the notice and any supporting papers or briefs to the addressees listed in Question 22.
The notice must be accompanied by;
(a) A signed statement indicating your position on the Settlement(s); and
(b) Proof of your membership in the Class (such as documents showing that you purchased municipal derivative
transactions from or through one or more of the Defendants or Alleged Co -Conspirators from January 1, 1992, to
August 181 2011).
IFYOU DO NOTHING
AYE'. -ca. - - _ � _ - -�-ti.. ,—.� r'+ _ -� rsa._ _.�: �- - - -- _ _ - - _ r . . _ _ � - _ - - - .;�� :•.: �::..,� .. -- -
_
7:Whatha'
You do not need to do anything to remain in the Class. You are automatically a Class member if you fit the definition in
Question 8. You will be bound by all Court orders, good or bad, and you give up your right to sue UBS AG, Societe Generale
S.A., Natixis Funding Corp., Piper Jaffray & Co., National Westminster Bank Plc, and George K. Baum & Co., about the
issues in this case if you do not exclude yourself.
As explained in Question 13, to be considered for payment, your Claim must be submitted online (at www.
MunicipalDerivativesSettlement.com).com), OR mail it by July 28, 2016. If you previously submitted a Claim Form, and you do not
have any changes to make to it, you do not need to do anything—your previous Claim Form will be used for these settlements.
GETTING MORE INFORMATION
28. Are.there m_one.d'eta�lstaout gmeAp. ` _..... .
This notice only summarizes the Settlements. More details and the full controlling terms are in the Settlement Agreements
between the Plaintiffs and Defendants. You can get a copy of each of the Settlement Agreements by visiting www. 73
MunicipalDerivativesSettlement. comcom.
n
°'etmore information?
If you have questions or want more information, you can visit 'www.MuniciDalDerivativesSettlement com. If the answer
to your question) cannot be located on the website, you may contact the Settlement Administrator by ernail at info@
MunicipalDerivativesSettlement.com. You may also call the Settlement Administrator toll-free at 1-877-310-0512, or send
mail to the Settlement Administrator at: Municipal Derivatives Settlement, c/o Rust Consulting, Inc., P.O. Box 2500,
Faribault, MN 55021-9500.
You may also write to any of Class Counsel at the following addresses:
Michael D. Hausfeld William A. Isaacson William C. Carmody
1700 K Street, NW Boies, Schiller & Flexner LLP Susman Godfrey L.L.P.
Suite 650 5301 Wisconsin Avenue, NW 560 Lexington Avenue, 15th Floor
Washington, DC 20006 Washington, D.C. 20015 New York, N.Y. 10022
Do NOT contact Judge Marrero or the Clerk of Court for information about the Settlements.
If your address changes, please send your current information to the Settlement Administrator at:
Dated: March 11, 2016
Municipal Derivatives Settlement
do Rust Consulting, Inc.
P.O. Box 2500
Faribault, MN 55021-9500
-in-
BY ORDER OF THE COURT
Clerk of Court, United States District Court
Southern District of New York
United States Courthouse
500 Pearl Street
New York, NY 10007
74
MUST BE POSTMARKED
ON OR BEFORE
ALY28,2016
II��I�IfN�I�MIIIn�IIIII�II�VIIIIB
CLAIM FORM
MUNICIPAL DERIVATIVES SETTLEMENTS
FOR OFFICIAL USE ONLY
01
Page 1 of 4
To be considered, your Claim. must be submitted online (at www.MunicipalDerivativesSettlement com), OR mail it by July 28, 2016.
See Part 6 for General Instructions.
i
PART I: CLAIMANT IDENTIFICATION - Please type or print. Use blue or black ink only.
i
Business As
Name of Representative submitting the Claim Form
Number and Street or P.O. Box
Telephone Number (Day)
I
i
Email Address
TVI
Title/Capacity
State Zip Code
Telephone Number (Evening)
1 —7
Account Number
i iuiii.iiiii niu iiiii iui ini i mini iiin iii uii 111111111111111111111111111111 s
0000`" 10660
i
PART 2: LIST OF MUNICIPAL DERIVATIVES TRANSACTIONS
List all Municipal Derivatives Transactions executed between January 1, 1992 and August 18, 2011 to the best extent possible.
You DO NOT need to include documentation, however, if you have documentation establishing the following, please attach it.
The Settlement Administrator may request documentation during auditing.
i
Provider/Broker'
Date of Execution Maturity Date
(Month/DayNear) (Month/DayNear) Notional Amount
IF-
I I
IF -YOU NEED ADDITIONAL SPACE TO LIST YOUR TRANSACTIONS, PHOTOCOPY THIS PAGE.
' A list of providers and brokers (including alleged co-conspirators) can be found at: wwwrnunicipaldedvativessettlement.com/DefendantsandorCoconspirators asp 76
803 Page 2 of 4
i
{�IIIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illll IIII IIII _ 000�Zo4�z
0000510660�
PART 3: PREVIOUS DISTRIBUTIONS FROM THE STATE AG SETTLEMENTS
If you received an Offer from one or more of the State AG Settlements listed below relating to Municipal Derivatives Transactions, list the
total amount of the State AG Offer in the appropriate box, and state whether the Offer was accepted. If you do not, your claim may be
rejected. You DO NO TI need to include documentation; however, if you have documentation establishing the following, please attach it.
The Settlement Administrator may request documentation during auditing.
YES OR N0: WAS OFFER ACCEPTED
! STATE AG SETTLEMENT OFFER AMOUNT IN QTeT9: er_ QCTri Cumm
Bank of America Corporation
State AG Settlement
- - --
.......�....v..IIL-L-mL.nI
GE Funding Capital Market Services, Inc. State AG Settlement
JPMorgan Chase & Co.; State AG Settlement
Wachovia Bank N.A. State AG Settlement
UBS AG State AG Settlement
PART 4: SIGN AND DATE YOUR CLAIM FORM
Enter EIN
• Please enter the Employer Identification Number ("EIN").
Employer Identification Number
• If you are exempt
}'from backup withholding, enter your current EIN above and write "exempt" on the following line:
I
UNDER THE PENALI Y OF PERJURY, I (WE) CERTIFY THAT.
1. The number show on this form is the entity's/entities' current EIN; and
2. We declare that we are a Class Member as defined in the Notices, that we are not one of the "Released Parties" as defined below,
and that we believe we are eligible to receive a distribution from the Net Allocation Funds under the terms and conditions of the
Distribution Plan.
3. We have included information about all of our transactions in Municipal Derivatives which occurred between January 1, 1992, and
August 18, 2011.
4. We understand and intend that the signature below regarding certain information for the Internal Revenue Service concerning backup
withholding also serves as the signature verifying the information and representation in this Claim Form.
5. We have not assigned or transferred or intended to assign or transfer, voluntarily or involuntarily, any matter released by filing a claim here.
6. 6. We certify that we are NOT subject to backup withholding under the provisions of Section 3406(a)(1)(C) of the Internal Revenue
Code because: (a) we are exempt from backup withholding; or (b) we have not been notified by the Internal Revenue Service that we
are subject to badkup withholding as a result of a failure to report all interest or dividends; or (c) the Internal Revenue Service has
notified us that we are no longer subject to backup withholding.
NOTE. If you have been notified by the Internal Revenue Service that you are subject to backup withholding, please strike out the
language that you are not subject to backup withholding in the certification above. The Internal Revenue Service does not require your
consent to any provision other than the certification required to avoid backup withholding.
Page 3 of 4 77
IhIIIflIIIV�IIIIIIIIU�N��l�llllllll ,_
We declare under penalty of perjury under the laws of the United States of America that all of the foregoing information supplied on this
Proof of Claim is true and correct.
Executed this day of ,
20 in
(City) (State/Country)
Signature of person signing on behalf of Entity/Borrower (Type or print name of person signing on behalf of Entity/Borrower)
1
Capacity of person signing on behalf of Claimant
PART 5: MAIL YOUR CLAIM FORM
Complete and sign the enclosed Claim Form and mail it by July 28, 2016 to:
Municipal Derivatives Settlement
c/o Rust Consulting, Inc.
P.O. Box 2500
Faribault, MN 55021-9500
For information on submitting your claim electronically, go to www.MunicipalDerivativesSetuement.com.
PART 6: GENERAL L INSTRUCTIONS
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers of transactions may request, or may be
requested, to submit information regarding their transactions in electronic files. All Claimants MUST submit a manually signed
paper Claim Form whether or not they also submit electronic copies. If you wish to submit your claim electronically, you must call
the Settlement Administrator toll-free at 1-877-310-0512, send an e-mail to info@MunicipalDertvativesSettlement com, or visit
www.MunicipalDe6vativesSettlement.com to obtain the required file layout.
• You should be aware that it will take a significant amount of time to process fully all of the Claim Forms and to administer the
Settlements' This work will be completed as promptly as time permits, given the need to investigate and tabulate each Claim Form.
Please be patient.
• Please notify the.Settlement Administrator of any, change of address.
CLAIMANT IDENTIFICATION
• If the entitylyou represent purchased or otherwise acquired Municipal Derivatives, the entity is the borrower as well as the record
purchaser. However, if the entity you represent purchased the Municipal Derivative transactions that were registered in the name of
a third parry, such as a nominee or brokerage firm, the third party is the purchaser.
• Use Part 1 hof this form to identify the purchaser of record (the "borrower"), if different from the beneficial purchaser of Municipal
Derivative transactions which form the basis of this claim.
I
NOTE: A single!Claim Form should be submitted per legal entity and should include all transactions made by that entity, no matter how
many separate accounts that entity has.
DEFINITIONS
Capitalized terms not defined in this Claim Form have the same meaning as defined in the following Settlement Agreements: UBS AG
Settlement Agreement, Societe Generale, S.A. Settlement Agreement, Natixis Funding Corp., f/kla IXIS Funding Corp., and before that,
f/kla CDC Funding Corp. Settlement Agreement, Piper Jaffray & Co. Settlement Agreement, National Westminster Bank plc Settlement
Agreement, and George K. Baum & Company Settlement Agreement. (The Settlement Agreements, in their entirety, are available at
www MunicipalDerivativesSettlement.com.)
Page 4 of 78
803
<vF:k
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant -County Administrator /
Department of General Services
CONSENT AGENDA
MPI
Date: March 22, 2016
To: The Honorable Board of County Commissioners
Thru: Joseph A. Baird, County Administrator
From: Michael C. Zito, Assistant County Administrator
Subject: Request for Approval of the First Extension to Agreement with Integrity
Lawns LLC for the Beach Parks Mowing and Grounds Maintenance
On January 7, 2014, the Board of County Commissioners awarded RFP #2014019 for Beach Parks
Maintenance — Mowing and Grounds Maintenance. The award was for an initial term of two -
years, with two one-year extensions available.
The representative of Integrity Lawn, LLC (formerly Integrity Lawn and Landscaping Service) has
expressed; acceptance of the one-year renewal with no additional changes to original agreement
other than this extension.
FUNDING:
Account Description
Account Number
Budget Amount
PARKS / OTHER PROFESSIONAL SERVICES
00121072-033190
1 $ 21,000 YR
RECOMMENDATION:
S=resrtctfully requests that the Board of County Commissioners approve the attached First
Eioo the Agreement and authorize its Chairman to sign.
ATTACEIWNTS:
1) Original Agreement between Integrity Lawn Service and Indian River County (01-08-2014)
2) First Extension to Agreement for one year extension
I
DISTRIBUTION:
David Fleetwood, Parks Division Superintendant
Approvl Agenda Item
BY: +�I
Joseph A. Baird
County Administrator
FOR: April 5, 2016
Indian River County
Anaroved Date
Administration
U4W31 /
County Attomey
Budget
Departnmt
3
f A1
Risk Managwwt
I
FAAssistant County Administrator\AGENDA ITEMS\2016\BCC 04 APRIL 2016BCC Memo - First Extension to Agmt with Integrity Lawn.doc
79
Agreement
THIS AGREEMENT made and entered into this day of
20 , by and
between � 1;�; �!-�t�;-r -1-� • /r •�:: r i � �- � � r �
CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER hereinafter called the
,
WITNESSED That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named,
agree as set forth below
I
Article 1. f SCOPE OF WORK
As per specifications of advertised and sealed bid in Indian River County Bid ft 2014019 — Contract Services for
Beach Parks Maintenance (Janitorial Service and Routine Maintenance and/or Mowing, and Grounds
Maintenance,
I
CONTRACT OR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of
all of the
necessaryllabor, material, and equipment to perform the work described in acc dan e with the invitation to
I
bid.
Article 2 I GENERAL
The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has
made suchI examination of the location of the proposed work as is necessary to understand fully the nature of
the obligation herein made, and shall complete the same the time limit specified herein in accordance with the
plans and specifications
The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work The
CONTRACTOR shall provide Performance Bonds for all work in this Agreement
All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the
amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for
hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the
CONTRACTOR, and his decision thereon shall be final and conclusive, and such determination and decision, in
case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any
money hereunder.
Any clauselor section of this contract or specification which may for any reason be declared invalid by a court of
competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract
and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has
not been in therein.
i
Article 3 QUANTITIES AND PRICES
The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract,
based on tk a items of work set forth in the CONTRACTOR'S Bid Form
Article 4. ACCEPTANCE AND FINAL PAYMENT
When the work provided for under this contract has been completed, in accordance with the terms thereof, that
a lump sum payment request in the amount of such work shall'be prepared by the CONTRACTOR, and filed with
the OWNER within fifteen days after the date of completion
80
The fini
work hi
shall no
OWNER
estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the
been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance
be issued until completed As -built drawings of the actual construction have been furnished to the
and verified
In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER'S final acceptance by the
OWNER! the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT of the lump sum
amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or
liabilities to the CONTRACTOR in connection with this Contract.
JArticle THE CONTRACT DOCUMENTS
The entire Invitation to Bid, submitted Bid Documents, and Bonds, together with this Agreement, form the
Contract! and are fully a part of this Contract as if included herein
Article 6.! lTERM
This agreement shall remain valid for two years from execution, with two one-year extensions available
Article 7. VENUE
This agreement shall be governed by the laws of the State of Florida Venue for any lawsuit brought by either
party ag �inst the other party or otherwise arising out of this agreement shall be in Indian River County, Florida,
or in the I vent of federal jurisdiction, in the United States District Court for the Southern District of Florida
(Contractor)
JJ ;• (Owner)
IndL1rLRiver County >=lnrirlT
(Name, Title)
Witnessed by.
I,
Address for giving otices
1
I
ROVE i
sephCounty Administra or
(
Approved las to For and Legal Sufficiency
B , �
ounty Attorney
I
Peter D O'Bryan, Chairman
Approved by BCC
Address for giving notices
1800 27"' Street
Vero Beach, Florida 32960
Attest.
Jeffrey R. Sm
CornWrolLW
Deputy Clerk
81
This E)
effective as of
FIRST EXTENSION TO AGREEMENT FOR PROVIDING
BEACH PARKS MAINTENANCE — MOWING AND GROUNDS MAINTENANCE
FOR INDIAN RIVER COUNTY, FLORIDA
ision to that certain Agreement to provide managed grounds maintenance is entered into
wary 8, 2016, by and between Indian River County, a political subdivision of the State of Florida
("County") and Integrity Lawns LLC, a Florida Limited Liability Company, having its principal address at
P. 0. Box 69, Okeechobee, FL 34973 ("Landscaper").
BACKGROUND RECITALS
A. Effective -January 8, 2014, the County and the "Landscaper" entered into an Agreement for Mowing and
Grounds Maintenance.
B. Article 6 of the Agreement contains the term and renewal provisions.
C. Pursuant to the Agreement, the parties desire to renew the Agreement by this Extension.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the County and the Landscaper agree as follows:
1. The background rrecitals are true and correct and form orma material part of this First Extension.
2. The initial renewal term shall commence effective as of January 8, 2016, and shall end on January 7, 2017;
one additional renewal term is available beyond this first renewal.
3. All terms and provisions of the Contract shall be and remain in full force and effect.
r
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year
first set forth above.
INTEGRITY LAWNS, LLC INDIAN RIVER COUNTY, FLORIDA
By
(Signature, Title)
PRINT+ NAME
Address for giving notices:
Approved as to form and legal suf ' '
Dylan Reingold, County Attorney
BOARD OF COUNTY COMMISSIONERS
By:
Bob Solari, Chairman
Approved by BCC: April 5, 2016
Address for giving notices:
180027 1h Street
Vero Beach, FL 32960
seph A! Baird, County Administrator
Attest:
Jeffrey R. Smith, Clerk of Circuit Court and
Comptroller
By:
Deputy Clerk
82
-}_=-'- CONSENT AGENDA
W17 INDIAN RIVER COUNTY,
FLORIDA
AGENDA ITEM
Assistant County Administrator /
Department of General Services
Date: I March 22, 2016
To: The Honorable Board of County Commissioners
Thru: Joseph A. Baird, County Administrator
From: Michael C. Zito, Assistant County Administrator
Subject:' Request for Approval of the First Extension to Agreement with C.E.R.
I Signature Cleaning for Beach Parks Custodial Services
On January 7, 2014, the Board of County Commissioners awarded RFP #2014019 for Beach Parks
Maintenance — Janitorial Maintenance to C.E.R. Signature Cleaning, LLC. The award was an
initial term of two -years, with two one-year extensions available.
The representative of C.E.R. Signature Cleaning, LLC has expressed acceptance of the one-year
renewal with no additional changes to original agreement other than this extension.
r
Account Description
PARKS / OTHER PROFESSIONAL SERVICES
Account NumberBu et Amount
00121072-033190 $ 60,000 YR
RECOMMENDATION:
Staff respectfully requests that the Board of County Commissioners approve the attached First
Extension to the Agreement and authorize its Chairman to sign.
ATTACHMENTS:
1) Original Agreement between C.E.R. Signature Cleaning and Indian River County (01-08-2014)
2) Fist Extension to Agreement for one year extension
DISTRIBUTION:
David Fleetwood, Parks Division Superintendant
Agenda Item
Josej5h A. Baird
County Administrator
FOR: April 5, 2016
Indian River County Approved Date
Administration 3 3
County Attorney Z
Budget
Department ° (o
Risk Management
F-Wssistant County Administrator\AGENDA ITEMS\2016\BCC 04 APRIL 2016\13CC Memo - First Extension to Agmt with CER Signature
Cleaning.doc
83
Agreement
THIS ACRE MENT made and entered into this � day of \ ink 20 by and
between iZ . S' •n 41-) he inafter called the
CONTRACTOR and INDIAN RIVER COUNTY herein called the,� NER.
WITNESSED: That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named,
agree as set forth below:
Article 4. SCOPE OF WORK
As per specifications of advertised and sealed bid in Indian River County Bid $1 2014019 — Contract Services for
c:UNTRACTOR, as an indeppend nt C NT' ACTOR and not as an employee, shall furnish, for the sum of
l a S (5-(i2Q—[Y0Q ), all of the
bid. a abor, material, and equipment to perform the work described in accordance with the invitation to
bid.
Article 2. GENERAL
The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has
made such examination of the location of the proposed work as is necessary to understand fully the nature of
the obligation herein made; and shall complete the same the time limit specified herein in accordance with the
plans and specifications.
The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The
CONTRACTOR shall provide Performance Bonds for all work in this Agreement.
All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the
amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for
hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the
CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in
case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any
money hereunder.
I
Any clause or section of this contract or specification which may for any reason be declared invalid by a court of
competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract
and the ;remaining portion thereof will remain in full force and effect as though such invalid clause or section has
not been incorporated therein.
Article 3 QUANTITIES AND PRICES
The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract,
based oIn the items of work set forth in the CONTRACTOR'S Bid Form.
Article 4. ACCEPTANCE AND FINAL PAYMENT
When the work provided for under this contract has been completed, in accordance with the terms thereof, that
a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with
the OWNER within fifteen days after the date of completion.
84
The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the
work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance
shall not be issued until completed As -built drawings of the actual construction have been furnished to the
OWNER and iverified.
In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER'S final acceptance by the
OWNER, theIOWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT of the lump sum
amount and'acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or
liabilities to the CONTRACTOR in connection with this Contract.
Article 5. THE CONTRACT DOCUMENTS
The entire Invitation to Bid, submitted Bid Documents, and Bonds, together with this Agreement, form the
I
Contract, and are fully a part of this Contract as if included herein.
Article 6. 1 TERM
This agreement shall remain valid for two years from execution, with two one-year extensions available.
Article 7. i VENUE
This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either
party against, the other party or otherwise arising out of this agreement shall be in Indian River County, Florida,
or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida.
i
(C Lra�o' (Owner)
Indta"iver County, Florida
NS'
(Name, Title)
Witnessed by:_
I
Address for giving notices
� CU to gSQd C -4 -
ROVED
�6seph A(Baii d, County Administrator
Approved as to Form an Lzgal-Sufficiency
County Attor
�Z& 1_7� 6� Q
Peter D. O'Bryan, Chairman
Approved by BCC 01 -07_ -
Address for giving notices
1800 27`" Street
i Vero Beach, Florida 32960
Attest:
Jeffrey R. Smijtr, CI of Cou
Dep
,r15siorrE- •.
RS 4L i
.off
:o=
¢'r
. �AN RIVEA.
85
FIRST EXTENSION TO AGREEMENT FOR PROVIDING
BEACH PARKS MAINTENANCE -
JANITORIAL AND ROUTINE MAINTENANCE
FOR INDIAN RIVER COUNTY, FLORIDA
This Extension to that certain Agreement to provide custodial services is entered into effective as of
January 8, 20161 by and between Indian River County, a political subdivision of the State of Florida ("County")
and C.E.R. Signature Cleaning, LLC, a Florida limited liability company, having its principal address at 5566 43rd Ct.,
Vero Beach, FL 32967 ("Custodian").
BACKGROUND RECITALS
i
A. Effective January 8, 2014, the County and the "Custodian" entered into an Agreement for Janitorial
Services
B. Article 6 of the Agreement contains the term and renewal provisions.
C. Pursuant to the Agreement, the parties desire to renew the Agreement by this Extension.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the County and the Custodian agree as follows:
1. The background recitals are true and correct and form a material part of this First Extension.
2. The initial renewal term shall commence effective as of January 8, 2016, and shall end on January 7, 2017;
one additional renewal term is available beyond this first renewal.
3. All terms and provisions of the Contract shall be and remain in full force and effect.
I
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year
first set forth above.
C.E.R. SIGNATURE CLEANING, LLC
i
By
(Signature, Title)
I
PRINT NAME
Address for giving notices:
Approved as to form and legal suffici cy:
Dylan Reingol'd, County Attorney
I
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By:
Bob Solari, Chairman
Approved by BCC: April 5, 2016
Address for giving notices:
1800 27`h Street
Vero Beach, FL 32960
ph Al Baird, County Administrator
ttest:
Jeffrey R. Smith, Clerk of Circuit Court and
Comptroller
By:
Deputy Clerk
EYP
'ER 0
?H
�� Office of the
INDIAN RIVER COUNTY
ADMINISTRATOR
I -
Joseph A. Baird, County Administrator
Michael C. Zito, Assistant County Administrator
I
I
i
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Joseph A. Baird
County Administrator
DATE: March 31, 2016
1
SUBJECT: Vero Beach Air Show
The Blue Angels are returning to Vero Beach for the Vero Beach Air Show being held at the
Vero Beach Regional Airport on June 25`I' and 26`h, 2016. A request has been made to
temporarily move the Go -Line Bus Hub to its old location in the County Administration
Complex south parking lot as well as allowing Air Show volunteers to park and ride from our
complex June 24`h through June 26h. If approved by the Board, I will confirm this with the City
of Vero Beach.
RECOMMENDATION:
Staff re Iommends authorizing the temporary move of the Go -Line Bus Hub to its old location in
the south parking lot, and the use of the County Administration Complex Parking lots for the
Vero Beach Air Show park and ride.
APPROVED AGENDA
BY: ,
F April 5, 2016
Indian River Co Ap roved Date
Administrator
Legal
87
heriff Deryl Loar
Indian River County
Chairman Bob Solari
Indian River County Board of County Commissioners
1801 2i h Street
Vero Beach, Florida 32960
RE: Notice of request for nlacement nn the emit e
Dear Chairman Solari:
9A1
Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental
Agencies portion of the April 5, 2016 Board of County Commission agenda.
Indian River County Sheriffs Office (IRCSO), would like to notify Indian River County (IRC) that it is
applying for a 2016/2017 Victims of Crime Act (VOLA) Grant. This grant, if approved, will provide
funds to cover the salaries of two Victim Advocates within the Victims Assistance Function of IRCSO.
This isIa continuation grant which has been utilized by IRCSO for several years in an effort to provide
services, assistance, and guidance to all victims of crime within the county, no matter jurisdiction during
their time of need.
The tot l 1 dollars requested of the 2016/2017 grant are $90,556, which, as stated, will serve to reimburse
two victim advocate positions. This grant requires a 25% match which will be accomplished using
allowAle In -Kind Services from a currently funded position. The completed application, along with the
Indian River County Finance Office Grant Form, is included with this request.
Should you have any questions, please contact Planner, Annette M. Russell, at 772-978-6214. Thank you
for your assistance.
Sincerely,
Deryl Loar, Sheriff
DL:
cc: Joe Baird, County Administrator
Jason Brown, Budget Director
IRC Board of County Commissioners
Enclosures
4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org
(772) 569-6700 j
88
GRANT NAME: Victim of Crime Act (VOCA) Continuation Grant
AMOUNT OF GRANT: $90,556
GRANT ii VOCA-2016-IRCSO-00470
DEPARTMENT RECEIVING GRANT: Indian River County Sheriff's Office, Victim Assistance Function
CONTACT, PERSON: Annette M. Russell, Planner TELEPHONE: 772-978-6214
1. How long is the grant for? 1 Year Starting Date: October 1, 2016
2. Does the grant require you to fund this function after the grant is over? Yes X No
3. Does the grant require a match? X Yes No
If yes, does the grant allow the match to be In -Kind services? X Yes No
4 Percentage of match to grant 25%
5. Grant match amount required '09,639
6. Where maze the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)?
In -Kind Services
I
7 Does the grant cover capital costs or start-up costs? Yes X No
If no, how much do you think will be needed in capital costs or start-up costs: $0
(Attach a detail listing of costs)
8. Are you'adding any additional positions utilizing the grant funds? Yes X No
If yes, please list. (If additional space is needed, please attach a schedule.)
Acct.
! Description Position Position Position Position Position
011.12
Regular Salaries N/A
011.13
Other Salaries & Wages (PT)
012.11
Social Security
012.12
Retirement — Contributions
012.13
Insurance — Life & Health
012.14
Worker's Compensation
012.17
S/Sec. Medicare Matching
$
TOTAL
1
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?
. Salary and Benefits Operating Costs Capital I Total Costs
N/A 1
10. What islthe estimated cost of the grant to the county over five years? $0(Match Pnsitinn is rnrrently fiinded)
_
> A
Grant Amount
Other Match Costs Not Covered
Match
Total
First Year
$
$
$
$
Second Year
$
$
$
$
Third Year
$
$
$
$
Fourth Year
$
$
$
$
Fifth Year
1$
$
$
$
Signature of Preparer. �<-_ �`�� t t d (i/_,y�_(J� �J Date: March 15, 2016
89
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Applicant Information
1
Provide the legal name of the Applicant Agency. If awarded funding, this information will be used for
contract purposes.
Indian River Co i my Sheriffs Office
Federal Data Universal Numbering System (DUNS) Number- 039894332
Federal Employee Identification Number (FEIN) 59600067
Registered with the System of Award Management (formally CCR)? Yes
Agency Director: Prefix (Mr , Ms., Dr, etc.) Mr. Title Sheriff
Name Deryl Loar
Telephone #- (772) 978-6404 Fax #- (772) 569-8144
Mailing Address 4055 41 st Avenue
(Street, P O Box,
etc.)
f
02/23/2016
Page 1 of 42
90
City Vero Beach
State
Florida
Zip Code. 32960-1802
i
j Email Address dloar@iresheriff.org
Performance RI
port Contact: Prefix (Mr , Ms , Dr., etc) Mrs.
Title
Victim Advocate
Name Laura Saputo
Telephone #- (772) 978-6255
Fax #
(772) 569-8144
Mailing Address: 4055 41 st Avenue
(Street, P.O. Box,
etc )
City- Vero Beach
State
Florida
Zip Code 32960-1802
Email Address Isaputo@iresheriff org
Financial Contact:
Prefix (Mr., Ms , Dr., etc.) Ms.
Title
Planner/Grant
Manager
02/23/2016
Page 1 of 42
90
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Irjdian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
j Applicant Information
Name Annette M Russell
Telephone # (772) 978-6214 Fax #* (772) 567-9755
Mailing Address 4055 41 st Avenue
(Street, P O. Box,
etc )
City- Vero Beach State Florida
Zip Code 32960-1802
Email Address arussell@iresheriff org
acknowledge that I have read, understand, and agree to the conditions set forth in the Victims of Crime Act
(VOCA) Grant Application, Instructions and the Final Program Guidelines for the duration of the grant period. I
certify that the information contained in this application is true, complete and correct.
I acknowledge t lat the applicant agency, if awarded a VOCArant will comply with Federal 9 p y de al Rules Regulating
Grants and State Criteria. Subrecipients must comply with the applicable provisions of VOCA, the Final
Program Guidel Vines, the requirements of the OJP Financial Guide, effective edition, and all laws, rules and
regulations applicable to expenditures of State funds including the Reference Guide for State Expenditures
Subrecipients must maintain appropriate programmatic and financial records that fully disclose the amount and
disposition of VOCA funds received. This includes. financial documentation for disbursements, daily time and
attendance records specifying time devoted to allowable VOCA victim services; client files, the portion of the
project supplied 1by other sources of revenue, job descriptions, contracts for services, and other records which
facilitate an effective audit. Subrecipients will abide by any additional eligibility or service criteria as
established by the state grantee including submitting statistical and programmatic information on the use and
impact of VOCAl funds, as requested
I
PUBLIC AGENCIES ONLY I hereby certify that pursuant to the VOCA Final Program Guidelines, grant funds
will be used to enhance or expand services and will not be used to supplant state and local funds that would
otherwise be available for crime victim services.
Signature of Agency Director: Deryl Loar
02/23/2016
Date: February 23, 2016 10-46AM
Page 2 of 42
91
J OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization:] Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Agency Eligibility
i
1) Identify which of the following categories best describes the applicant agency:
f
Public
2) Describe the type of implementing agency (choose only one category):
Government Agencies Only (choose one from the drop-down menu):
Law Enforcement
Describe Other:
Campus Organizations Only (choose one from the drop-down menu):
Describe Other-
Non-profit
ther
Non-profit Organization Only (choose one from the drop-down menu):
Federally Recognized Tribal Governments, Agencies, and Organizations Only
(choose one from the drop-down menu):
; Describe Other-
3)
ther3) JudiciaI l circuit to be served:
Nineteenth
4) Subgrantee Agency Service Area(s) (List the counties that cover the service area of your
organization);
Indian River County
5) List the total population of the counties to be served:
144,755
6) Describe the geographic characteristics of the service are (choose one from the drop-down
menu):
Mixed
7) Congressional District(s) served:
8th
02/23/2016
Page 3 of 42
92
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Agency Eligibility
8) Describeithe purpose of the Proposed VOCA sub award: (choose one from the drop-down
9)
10)
menu): 1
Continueia VOCA funded victim project funded in a previous year
Funds will primarily be used to (choose one from the drop-down menu):
Continue existing services to crime victims
Is the applicant organization faith -based? (choose one from the drop-down menu):
No
1
f
1
02/23/2016
Page 4 of 42
93
I OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Certification Regarding Debarment
Instructions foriCertification
1 By signing and' submitting this proposal, the prospective lower tier participant is providing the certification
set out below.
2.The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/',or debarment.
i
i
3 The prospecl e lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when) submitted or has become erroneous by reason of changed circumstances.
4.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
11artici ant," " arson," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used
in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549
5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated
I
6 The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may check the
Non -procurement List.
02/23/2016
Page 5 of 42
94
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Ilndian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Certification Regarding Debarment
8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings
9 Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which the transaction originated may pursue available
remedies, including suspension and/or debarment.
U. S. DEPARTMENT OF JUSTICE
OFFICE OF THE COMPROLLER
OFFICE OF JUSTICE PROGRAMS
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered transactions
f (Sub -Recipient)
This certification is required by the regulations implementing Executive Order 12549, -Debarment and
Suspension, 28 CFR Part 67 510. Participants' responsibilities The regulations were published as Part
VII of the May 26, 1988 Federal Register (pages 19160 B 19211)
1) The prospective lower tier participant certifies, by submission of the proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Deryl Loar, Sheriff
Name and Title of Authorized Official
Signature of Authorized Official
Indian River County Sheriffs Office
Name of Organization
4055 41 st Avenue
02/23/2016
February 23, 2016 10 47AM
Date Signed
Page 6 of 42
95
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriff's Office
Address of Organization
02/23/2016
Grant No.: VOCA-2016-Indian River County Sheri -00470
Certification Regarding Debarment
Page 7 of 42
0l1i
Organization: I
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
n River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Special Conditions Certification
Victims of Crime Act (VOCA) Section 539, Consolidated and Further Continuing
Appropriations Act, 2013, Special Conditions Certification Form
Section 539 of the Consolidation and further Continuing Appropriations Act, 2013 provides the following
requirement:
Computer Network Requirement
The Agency understands and agrees that:
a)No award funds may be used to maintain or establish a computer network system unless such
I blocks the viewing, downloading, and exchanging of pornography, and
b)Nothing in item (a) limits the use of funds necessary for any Federal, State, tribal, or local law
I agency or any other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Each agency must have some type of blocking software, if their networks are
supported ("maintained") by VOCA funds,
This includes the purchase of new computer equipment (computers, monitors and
printers), or software of any kind (new and/or updates) for the computer network
system
AGENCY CERTIFICATION:
vVOCA funding is NOT USED to maintain or establish a computer network system
OR
VOCA funding is USED to maintain or establish a computer network system However, the
computer network system is (select one below)
{ Is currently blocking the viewing, downloading, and exchanging of pornography, or
Is not able to block the viewing, downloading and exchanging of pornography.
Anticipated date of blocking software purchase (fill in date), or
Exempt because organization is a Federal, State, tribal, or local law enforcement
agency, or an entity carrying out criminal investigations, prosecutions, or
adjudication activities.
Agency Name: Indian River County Sheriffs Office
Name of Authorized Official: Deryl Loar, Sheriff
Signature and Title of Authorized Official v
Date of Certification 2/23/2016
02/23/2016
Page 8 of 42
97
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian dRiver County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Special Conditions Certification
I
OAG Staff Only
Approved
Approved By
02/23/2016
Not Approved
February 23, 2016 10 48AM
Date Approved
Page 9 of 42
98
I OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian dRiver County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Standard Assurances
Department of Justice
AWARD CONTINUATION
Office of Justice Programs SHEET
I
ffice for Victims of Crime Grant
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F R. Part
200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C F.R. Part 2800 (the "Part
200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs (OJP). For
this 2015 award, the Part 200 Uniform Requirements, which were first adopted by DOJ on December
26, 2014, supersede, among other things, the provisions of 28 C.F R. Parts 66 and 70, as well as those
of 2 C.F!R. Parts 215, 220, 225, and 230
If this 2015 award supplements funds previously awarded by OJP under the same award number, the
Part 200 Uniform Requirements apply with respect to all award funds (whether derived from the initial
award or a supplemental award) that are obligated on or after the acceptance date of this 2015 award
Potential availability of grace period for procurement standards Under the Part 200 Uniform
Requirements, a time limited grace period may be available under certain circumstances to allow for
transition from policies and procedures that complied with previous standards for procurements under
federal awards to policies and procedures that comply with the new standards (that is, to those at 2
C.F.R 200.317 through 200.326).
For more information on the Part 200 Uniform Requirements, including information regarding the
potentially -available grace period described above, see the Office of Justice Programs (OJP) website at
http.//oip.qov/fundina/Part2000niformRenuirtmmpnt,, htm
In the event that an award -related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part
200 Uni form Requirements, the recipient is to contact OJP promptly for clarification.
2. The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the
OJP Website (currently, the "2015 DOJ Grants Financial Guide")
3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if
recipient is required to submit one pursuant to 28 C.F.R Section 42.302) that is approved by the Office
for Civill Rights is a violation of the Standard Assurances executed by the recipient, and may result in
suspension of funding until such time as the recipient is in compliance, or termination of the award
4. The recipient understands and agrees that OJP may withhold award funds or may impose Y y pose other related
requirements, if the recipient does not satisfactorily and promptly address outstanding issues from
auditsrequired by the Part 200 Uniform Requirements (or by the terms of this award), or other
outstanlding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
5 Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in
support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of
government, without the express prior written approval of OJP
6 The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a
02/23/2016
Page 10 of 42
99
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
IStandard Assurances
principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted
•a claim for award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of
laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds
Potential fraud, waste, abuse, or misconduct should be reported to the OIG by -
mail- Office of the Inspector General U.S. Department of Justice Investigations Division
950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530
e-mail- hotline(cDusdoj.aov
hotline '(contact information in English and Spanish) (800) 869-4400
or I
hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG
websiteiat www.usdoi.gov/oig
Restrictions and certifications regarding non -disclosure agreements and related matters
No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any
funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the
reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified information),
Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal
department or agency governing the nondisclosure of classified information
1 In accepting this award, the recipient —
l
a. represents that it neither requires nor has required internal confidentiality agreements or statements from
employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or
restrict) employees or contractors from reporting waste, fraud, or abuse as described above, and
b certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict),
reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of
award funds, will provide prompt written notification to the agency making this award, and will resume (or
permit resumption of)such obligations only if expressly authorized to do so by that agency
2. If the recipient does or is authorized to make subawards or contracts under this award --
a. it represents that --
(1) it has determined that no other entity that the recipient's application proposes may or will receive award
funds (whether through a subaward, contract, or subcontract) either requires or has required internal
02/23/2016
Page 11 of 42
100
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
1 Standard Assurances
confide! tiality agreements or statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting
waste, fl aud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
represeintation, and
b it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that
receives funds under this award is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of
waste, fraud, or abuse as described above, it will immediately stop any further obligations of award
funds tolor by that entity, will provide prompt written notification to the agency making this award, and will
resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
8 Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries, without the express prior written approval of OJP.
i
9 The recipient agrees to comply with any additional requirements that may be imposed during the grant
perform! nce period if the agency determines that the recipient is a high-risk grantee. Cf 28 C.F R. parts
66, 70. ,
r
10 The recipient agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government -wide system officially designated by OMB
and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier
subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The
details off recipient obligations are posted on the Office of Justice Programs web site at
www ojp gov/funding/sam.htm (Award condition Registration with the System for Award Management
and Universal Identifier Requirements), and are incorporated by reference here. This special condition
does not apply to an award to an individual who received the award as a natural person (i e , unrelated to
any busiIness or non-profit organization that he or she may own or operate in his or her name)
11 Pursuani t to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving,"
74 Fed. Reg 51225 (October 1, 2009), the Department encourages recipients and sub recipients to
adopt and enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this grant, and to establish workplace safety policies and conduct
education, awareness, and other outreach to decrease crashes caused by distracted drivers
12. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including
specific cost limits, prior approval and reporting requirements, where applicable) governing the use of
federal funds for expenses related to conferences, meetings, trainings, and other events, including the
provision of food and/or beverages at such events, and costs of attendance at such events Information
on rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3 10
of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide")
02/23/2016
Page 12 of 42
101
Organization;
13. The
fundi
Subic
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Standard Assurances
:ipient understands and agrees that any training or training materials developed or delivered with
provided under this award must adhere to the OJP Training Guiding Principles for Grantees and
ntees, available at www.00p.usdoi.gov/funding/oeptraininqquidinqprinciples.htm
14 The recipient agrees that if it currently has an open award of federal funds or if it receives an award of
federallfunds other than this OJP award, and those award funds have been, are being, or are to be used,
in whole' or in part, for one or more of the identical cost items for which funds are being provided under
this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if
so requested by OJP, seek a budget -modification or change -of -project -scope grant adjustment notice
(GAN) to eliminate any inappropriate duplication of funding.
15 The recipient understands and agrees that award funds may not be used to discriminate against r Y g t or
denigrate the religious or moral beliefs of students who participate in programs for which financial
assistance is provided from those funds, or of the parents or legal guardians of such students
1
16. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchanging of
pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State,
tribal, or local law enforcement agency or any other entity carrying out criminal investigations,
prosecui ion, or adjudication activities.
17. A recipient that is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost
rate described in 2 C.F R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must
advise OJP in writing of both its eligibility and its election, and must comply with all associated
requirements in the Part 200 Uniform Requirements The "de minimis" rate may be applied only to
modified) total direct costs (MTDC)
18. The recipient must collect, maintain, and provide to OJP, data that measure theP erformance and
effectiveness of activities under this award, in the manner, and within the timeframes, specified in the
program solicitation, or as otherwise specified by OJP. Data collection supports compliance with the
Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other
applicable laws
19. The Grantee authorizes Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer
(OCFO),land its representatives, access to and the right to examine all records, books, paper or
documents related to the VOCA grant. The State will further ensure that all VOCA subgrantees will
authorize representatives of OVC and OCFO access to and the right to examine all records, books,
paper or documents related to the VOCA grant.
20. The Grantee agrees to submit a Subgrant Award Report (SAR) to OVC for each subgrantee of the
VOCA victim assistance funds, within ninety (90) days of awarding funds to subgrantees States and
territories are required to submit this information through the automated system
02/23/2016
Page 13 of 42
102
Organization
21
22
23
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Standard Assurances
VOCAjRequirements
The recipient assures that the State and its subrecipients will comply with the conditions of the Victims of
Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 42 U.S C. 10603(a)(2) and (b)
(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the State
certifies that funds under this award will.
The recipient assures that the State and its subrecipients will comply with the conditions of the Victims of
Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 42 U S.0 10603(a)(2) and (b)
(1) andl(2) (and the applicable program guidelines and regulations), as required. Specifically, the State
certifies that funds under this award will
a) be awarded only to eligible victim assistance organizations, 42 U S C 10603(a)(2),
b) not be used to supplant State and local public funds that would otherwise be available for crime victim
assistance, 42 U.S.C. 10603(a)(2), and
c) be allocated in accordance with program guidelines or regulations implementing 42 U.S C 10603(a)(2)
(A) and142 U.S C. 10603(a)(2)(B) to, at a minimum, assist victims in the following categories sexual
assault,' child abuse, domestic violence, and underserved victims of violent crimes as identified by the
State.
Demog riaphic Data
The recipient assures that its subrecipients will collect and maintain information on race, sex, national
origin, age, and disability of victims receiving assistance, where such information is voluntarily furnished
by the victim
Discrimination Findings
The recipient assures that in the event that a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the ground of race, religion,
national Iorigin, sex, or disability against a recipient of victim assistance formula funds under this award,
the recipient will forward a copy of the findings to the Office for Civil Rights of OJP
24 The recipient understands that all OJP awards are subject to the National Environmental Policy Act
(NEPA, 42 U S.0 section 4321 et seq ) and other related Federal laws (including the National Historic
Preservation Act), if applicable The recipient agrees to assist OJP in carrying out its responsibilities
under NEPA and related laws, if the recipient plans to use VOCA funds (directly or through subaward or
contract)I to undertake any activity that triggers these requirements, such as renovation or construction.
(See 28 C.F R Part 61, App. D ) The recipient also agrees to comply with all Federal, State, and local
environmental laws and regulations applicable to the development and implementation of the activities to
be funded under this award
25. The recipient agrees to ensure that at least one key grantee official attends the annual VOCA National
Training Conference. Any recipient unable to attend must get prior approval by OVC in writing.
26 The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or
02/23/2016 Page 14 of 42
103
Organization;
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Standard Assurances
more and, in certain circumstances, to report the names and total compensation of the five most highly
compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be
submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which
derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on
the Office of Justice Programs web site at www.ojp.gov/funding/ffata.htm (Award condition Reporting
Subawards and Executive Compensation), and are incorporated by reference here. This condition, and
its reporting requirement, does not apply to grant awards made to an individual who received the award
as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or
operate in his or her name).
27 The recipient understands and agrees that it has a responsibility to monitor its subrecipients' compliance
with applicable federal civil rights laws The recipient agrees to submit written Methods of Administration
(MOA) for ensuring subrecipients' compliance to the OJP's Office for Civil Rights at
CivilRightsMOA(a-)usdoi.4ov within 90 days of receiving the grant award, and to make supporting
documentation available for review upon request by OJP or any other authorized persons.
The required elements of the MOA are set forth at www.oip.usdoi.gov/funding/other requirements htm,
under the heading, "Civil Rights Compliance Specific to State Administering Agencies."
i
28 The recipient agrees to submit (and, as necessary, require sub -recipients to submit) performance
reports on the performance metrics identified by OVC, and in the time and manner required by OVC
This information on the activities supported by the award funding will assist in assessing the effects that
VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction. Beginning
October, 1, 2015, the recipient agrees to submit (and, as necessary, require sub -recipients to submit)
such information quarterly.
I
29. The recipient must require all non-profit sub -recipients of VOCA Assistance funding under this award to
make their financial statements available online (either on the recipient's, the sub -recipient's, or another
publicly available website). OVC will consider sub -recipient organizations that have Federal 501(c)(3)
tax status as in compliance with this requirement, with no further action needed, to the extent that such
organization files IRS Form 990 or similar tax document (e.g , 990 -EZ), as several sources already
provide searchable online databases of such financial statements.
30 The recipient must require all non-profit sub -recipients of VOCA Assistance funding under this award to
certify their non-profit status. Sub -recipients may certify their non-profit status by submitting a statement
to the recipient (to be placed in the grant file) affirmatively asserting that the sub -recipient is a non-profit
organization, and indicating that it has on file, and available upon audit, either — 1) a copy of the
recipient, Is 501(c)(3) designation letter; 2) a letter from the recipient's state/territory taxing body or
state/territory attorney general stating that the recipient is a non-profit organization operating within the
state/territory; or 3) a copy of the recipient's state/territory certificate of incorporation that substantiates
its non-profit status. Sub -recipients that are local non-profit affiliates of state/territory or national
non -profits should have available proof of (1), (2) or (3), and a statement by the state/territory or national
parent organization that the recipient is a local non-profit affiliate.
02/23/2016
Page 15 of 42
104
Organization-']
Agency N
Name of
Signature of A
Date Signed
02/23/2016
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Standard Assurances
Indian River County Sheriffs Office
Official Deryl Loar, Sheriff
zed Official- v
February 23, 2016 10 48AM
Page 16 of 42
105
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization) Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
EEOP Certification Form
Compliance Lh the E ual Em to miq p y ent Opportunity Plan (EEOP) Requirements
Carefully read
the instructions below and then complete the applicable section for your agency
Recipient's Name: Indian River County DUNS Number: 039894332
Sheriffs Office
Address: 4055 41 st Avenue
, Vero Beach, (Florida, 32960-1802
Grant Title: VI CA 2016 Grant Number: VOCA-2016-Indian River County
Sheri -00470
Requested Award Amount: $90,555.60
Name and Title of Contract Person: Mr Deryl Loar Sheriff
Telephone NuImber: (772) 978-6404 E -Mail Address: dloar@iresheriff org
Section A - Declaration Claiming Complete Exemption from the EEOP Requirement
Please icheck all the following boxes that apply-
Recipient
pply
Recipient has less than fifty employees
Recipient is a nonprofit organization.
Recipient is an Indian tribe.
Recipient is an educational institution
Recipient is a medical institution.
Recipient is receiving an award less than
$25,000
I, [responsible official],
certify that [recipient] is
not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R § 42.302
1 furtherlcertify that [recipient]
will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the
delivery 'of services
Section B - Declaration Claiming Exemption from the EEOP Submission Requirement and
Certifying that an EEOP is on File for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of
$25, 000!or more, but less than $500, 000, then the recipient agency does not have to submit an EEOP
to the OCR for review as long a's it certifies the following (42 C.F R § 42 305)
I,i Deryl Loa r [responsible official],
certify that Indian River County Sheriffs Office [recipient],
which has fifty or more employees and is receiving a single award or subaward for $25,000 or
more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt.
E. I further certify that within the last twenty-four months, the proper authority has formulated and
02/23/2016
Page 17 of 42
106
Organization
l
I
i
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
EEOP Certification Form
signed into effect the EEOP and, as required by applicable federal law, it is available for review
by the public, employees, the appropriate state planning agency, and the Office for Civil Rights,
Office of Justice Programs, U S. Department of Justice. The EEOP is on file at the following
office
Indian River County Sheriffs Office Human Resources [organization],
4055 41st Avenue Vero Beach Florida 32960-1802 [Address]
Section C - Declaration Stating that an EEOP Utilization Report Has Been Submitted to the
Office for Civil Rights for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of
$500, 000 or more, then the recipient agency must send an ESOP Utilization Report to the
OCR for review
,I, [responsible official],
certify that [recipient],
iwhich has fifty or more employees and is receiving a single award of $500,000 or more, has
,formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date]
I
to the Office for Civil Rights, Office of Justice Programs, U S. Department of Justice
Deryl Loar, Sheriff
Name and Title of Authorized Official
VO
Signature of Authorized Official
02/23/2016
February 23, 2016 10 49AM
Date Signed
Page 18 of 42
107
I OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization) Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Related Parties Questionnaire
Agency Name: Indian River County Sheriffs Office
1) Are there currently any family relationships that exist between the board of directors, the agency's
principal officers, the agency's employees, and any independent contractors?
If yes, describe any and all family relationships that exist and indicate if your agency has a related parties
policy
2) Are you aware of any interests, direct or indirect, that exist with the current board of directors, the current
agency! principal officers, the current agency employees, or any current independent contractors in the
following area?
i
3)
4)
A) Sale, purchase, exchange, or leasing of property?
B) Receiving or furnishing of goods, services, or facilities?
C) Transfer or receipt of compensation, fringe benefits, or income or assets?
D) Maintenance of bank balances as compensating balances for the benefit of another?
If yes to.any above, describe any and all interests that you are aware of at this time
Are any current board of directors, current agency's principal officers, current agency's
employees, or any current independent contractors indebted to the agency?
If yes, describe any and all family relationships that exist and indicate if your agency has a related parties
policy
I
Have any current board of directors, current agency principal officers, current agency employees,
or any current independent contractors misappropriated assets or committed other forms of fraud
against tie agency?
If yes, describe any and all family relationships that exist and indicate if your agency has a related parties
policy
02/23/2016
IM
No
No
No
No
M
RE
Page 19 of 42
108
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Related Parties Questionnaire
By signing this form, I hereby certify that the information contained in this questionnaire is true and accurate to
the best of myl knowledge and belief. I acknowledge my obligation to notify the Office of the Attorney General
VOCA Grant i Manager for this contract of any changes to the information provided
Deryl Loar, Sheriff
Name and Title of Authorized Official
v
Signature of Authorized Official
02/23/2016
February 23, 2016 10 49AM
Date Signed
Page 20 of 42
109
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
� Funding Source Chart
Applicants must provide information that demonstrates community support of its services, financial support
from non-federal sources, non-federal resources for the required 20% program match (unless in-kind match is
utilized),, and if a new program, shows that 25-50% of the total financial support is from non-federal sources
Budget and Staffing
Provide the amount of funding that is allocated to victim services within the applicant agency for the current
fiscal year and the amount requested for the proposed VOCA project. Do not report the entire agency budget,
unless the entire budget is devoted to victim services programs. Round amounts to the nearest dollar, and
include all expenses which are budgeted for the victim services program (i.e., personnel costs which include
salaries for directors, clerical/support staff, victim advocates, counselors, etc., training costs, equipment such
as computers,,fax machines, printers, copiers, telephones, and furnishings, etc , operating costs such as
utilities, postage, printing, office supplies, travel, counseling supplies, etc.). Please note Do not include in-kind
match
What is the fiscal year of your sub grantee agency?
(choose one from the drop-down menu to the right)
Other Defined-)
Funding Source
Federal Funding *Describe below
VOCA grant request (excluding match)
State Funds
October 1 to September 30
Agency Total Victim
Services Budget
(Current Fiscal Year)
Proposed
VOCA Project
Budget
$90,55600
Local, Public or Private Funds $133,28400 $22,63900
Other-
(Describe
ther(Describe at right)
Totals $133,284.00 $113,19500
*For the judicial I circuit you are requesting funding with this application
I
* If the applicant; agency currently receives federal funding for victim services, indicate the source(s) and the use
of those funds (Response is limited to 1000 characters ) If this is not applicable, please indicate "N/A."
N/A
02/23/2016
Page 21 of 42
110
OFFICE OF THE FLORIDA ATTORNEY GENERAL
I
VOCA 2016-2017
Organization+ Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Personnel Budget: 1 Victim Advocate
Agency Name: Indian River County Sheriffs Office
Complete the table below and provide information about each position requested In the Budget Narrative
section indicate if the salary/benefit expenses listed include costs that are anticipated during the 12 month
period For example, raises and increases in benefit costs, as well as any other information needed to support
the request.
Provide a job description for all proposed VOCA-funded staff and indicate the percentage of time by each job
duty Failure to provide VOCA allowable job descriptions may result in a reduction to your request. The job
description must reflect VOCA allowable activities that are equal to or greater than the percentage of the
position that is VOCA funded.
RATE A percentage should be indicated for those benefits that are calculated by using a percentage of the
gross salary, e!g., retirement is often calculated in this manner
Personnel:
111
Total Actual Cost Total Amount
Percent VOCA VOCA Funded
(from chart below) VOCA Funded
Funded FTE
Position Victim Advocate
$47,393.53 $47,393.53
100% 1
Personnel Narrative
Provide approved direct services, support, and information/referrals for available
resources to victims of crime in Indian River County, Florida in accordance with
State Statutes, Grant Contracts, and IRCSO Policies and Procedures
Sub -Total
$47,393.53 $47,39353
1
Agency Contribution for Personnel
Expenses
$0
Pay Schedule: I choose one from the drop-down menu
Bi -Weekly
Position Number
1
Hours per week =
40
Hourly Rate =
$17.25
RATE Yearly
Per Pay Period
Employer
Approved Budget
Cost
Gross Salary
$35,88000 $35,880.00
$1,38000
FICA
765% $2,744.82
$10557
Retirement
7.26% $2,604.89
$10019
Health Ins
$6,06000
$23308
Life Ins
$39.24
$1 51
Dental Ins
$0
$0
02/23/2016
Page 22 of 42
111
Organizati
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Personnel Budget: 1 Victim Advocate
Workers Comp
0.18% $64.58 $248
Unemployment
0% $0 $0
(1 st $7K)
Other
$0
TOTAL $47,39353 $1,822.83
Explanation (if applicable)
Is this position) used as a matching expense Y/N?
No
02/23/2016 Page 23 of 42
I
112
Organization:
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
ndian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Personnel Budget: Victim Advocate 2
Agency Name:' Indian River County Sheriffs Office
Complete the table below and provide information about each position requested. In the Budget Narrative
section indicate if the salary/benefit expenses listed include costs that are anticipated during the 12 month
period. For example, raises and increases in benefit costs, as well as any other information needed to support
the request.
Provide a job description for all proposed VOCA-funded staff and indicate the percentage of time by each job
duty Failure to 1provide VOCA allowable job descriptions may result in a reduction to your request. The job
description must reflect VOCA allowable activities that are equal to or greater than the percentage of the
position that is VOCA funded
RATE A percentage should be indicated for those benefits that are calculated by using a percentage of the
gross salary, e.g , retirement is often calculated in this manner.
Personnel:
Total Actual Cost Total Amount Percent VOCA VOCA Funded
(from chart below) VOCA Funded Funded FTE
Position, Victim
+Advocate $43,16207 $43,162.07 100% 1
Personnel Narrative Provide approved direct services support, pport, and information/referrals for available
resources to victims of crime in Indian River County, Florida in accordance with
State Statutes, Grant Contracts, and IRCSO Policies and Procedures.
Sub -Total I $43,162.07 $43,162.07 1
i
Agency Contribution for Personnel Expenses $0
Pay Schedule: (choose one from the drop-down menu) Bi -Weekly
Position Number 2
Hours pe`r week = 40
Hourly Rate = $15.49
Gross Salary $32,21920
FICA
Retirement
Health Ins.
Life Ins
Dental Ins
02/23/2016
RATE Yearly
Per Pay Period
Employer
Approved Budget
Cost
$32,21920
$1,239.20
765% $2,46477
$94.80
7.26% $2,33911
$89.97
$6,060.00
$233.08
$78.41
$302
$0
$0
Page 24 of 42
113
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian
River County Sheriff's Office
Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Personnel
Budget: Victim Advocate 2
Workers Comp
0.001
$058
$002
8%
Unemployment
0%
$0
$0
(1st $7K)
Other,
$0
TOTAL
$43,162.07
$1,660.08
Explanation (if applicable)
Is this position used as a matching expense Y/N?
No
I
02/23/2016 j Page 25 of 42
114
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Contractual Budget
Agency name: Indian River County Sheriffs Office
For each contractual service listed, include a description of the service to be provided, the business name of
the contractor, the cost per unit of service, and the estimated units of service to be used. Indicate in the
narrative section how the number of services requested was determined. Also, give a description of a unit of
service, e.g , a 60 minute unit of legal services, a 60 minute individual therapy session, and a 90 minute group
therapy session'
EXAMPLE - Budget Narrative
Therapy, Inc , will provide therapy for adult survivors of incest. It is anticipated that this service will be used
approximately 1;0 times during the year.
Contractual Services - Contracts for specialized services
Name of Business or Contractor / Budget Narrative
Name of Businei s or Contractor -
Budget Narrative*
i
Contractual Subtotal
I
Cost Per Estimated Total
Unit of Units of
Service Service
$0
02/23/2016 Page 26 of 42
115
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Equipment Budget
Agency Name: Indian River County Sheriffs Office
Items included in this section must be furniture and/or equipment costing $2,500 or more If awarded funds in
this category, prior approval is required before purchasing items. Provide a justification for the equipment
purchase requests
EXAMPLE - NaIrrative Response -
The computer will increase the advocate's ability to reach and better serve crime victims. The cost listed above
is for a complete computer package which includes the computer, monitor, software and printer
ALL EQUIPMENT PURCHASES MUST BE PRE -APPROVED PRIOR TO THE ACTUAL PURCHASE
Equipment:
Description of Equipment and a Budget Narrative
Description of Equipment:
Budget Narrative:
Equipment Subtotal
I
02/23/2016
Number Cost Per Total
Item
$0
Page 27 of 42
116
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Operating Budget
Agency name:jlndian River County Sheriffs Office
Office supplies Isuch as paper, pencils, toner, printing, books, postage, transportation for victims, monthly
service costs for telephone or utilities, staff travel (for direct service to crime victims only), etc Furniture and
equipment costing less than $2,500 should be requested from this budget category. In the narrative section,
provide a brief description of the operating expenses and note if the cost is pro -rated Indicate how the number
and cost of services requested were determined (by FTE? by % use? by sq/ft?).
EXAMPLE- Narrative Response
The Victim Advocate will need monthly telephone service calculated at $20 per month, which is the standard
rate budgeted for new positions in this agency
I
Operating:
Description of Operating Cost and a Budget Narrative Number Cost Per Total
Item
Description of Operating Cost:
Budget Narrative
Operating Subtotal $0
02/23/2016 Page 28 of 42
117
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Match Budget: Victim Advocate
Explanation (if applicable)
02/23/2016
Page 32 of 42
121
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: li dian River County Sheriffs Office
Grant No.: VOCA-2016-Indian River County Sheri -00470
VOCA Budget Request
Budget Summary By Category-
�.
��==Tot�ahVQC�Az -
__ '--Bud •�� # ... - ____ _
et Re uestz`
-_
veii:B
Personnel (10A)
$90,555.60
�� y
Contractual Services (10B)
$0
Equipment (10C)
$0
Operating Expenses (10D)
$0
(raining Expenses (10E)
$0
Total
$90,555.60
$0
Required Match Part 11
$22,638.90
Total paid staff or agency's victim services program total
i P 9 ( number of
3
full-time equivalent staff
(FTE) for the current fiscal year):
Number of staff Lquested from VOCA, expressed in
P
FTE's
2
Number of staff requested as matching expenses, expressed
in FTE's
0.58
Total staff requested, expressed in FTE's
2.5804
Child Abuse $1,01494
(Include services for child physical abuse/neglect and child sexual assault/abuse)
Domestic and Family Violence $20,817.64
Adult Sexual AsIsault $22.55
Underserved I $7,397.82
(includes DUI/DWI crashes, survivors of homicide victims, assault, adults molested
as children, elder abuse, victims with disabilities, robbery, other violent crimes)
MATCH (financi i I support from other sources)
Value of in-kind match
Cash match $22,639.00
Total match 1 $22,639.00
Match waiver I No
02/23/2016 I Page 33 of 42
122
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
j Use of VOCA and Match Funds
INSTRUCTION For this request, check the category of service and subcategory that best identifies the types of
services or activities that will be provided by the VOCA-funded project as described below
Note Report o I ly those program activities that will be implemented with VOCA and Match funds
Check all that apply
INFORMATION IB REFERRAL
V, InformatI ion about the criminal justice process V Referral to other victim service programs
Information about victim rights, how to obtain Referral to other services, supports and
notification, etc. resources (includes legal, medical, faith -based
organizations, address confidentiality programs,
etc.)
PERSONAL ADIVOCACY/ACCOMPANIMENT
VO Victim advocacy/accompaniment to emergency
Performance of medical forensic exam or
medical care
interview, or medical evidence collection
Victim advocacy/accompaniment to medical
Immigration assistance (e g. special visa,
forensic exam
continued presence application, and other
immigration relief)
• Law enforcement interview v
advocacy/accompaniment
Intervention with employer, creditor, landlord, or
academic institution
• Prosecution interview advocacy/accompaniment
Child and/or dependent are assistance
(includes�accompaniment with prosecuting
(provided by agency)
attorney and with victim/witness)
Criminal advocacy/accompaniment
Transportation assistance (provided by agency)
• Civil advocacy/accompaniment (includes victim VO
Interpreter services
advocate` assisting with protection orders)
Individual advocacy (assistance in applying for V Assistance with victim compensation
public benefits, return of personal property or
effects) f
EMOTIONAL SUPPORT OR SAFETY SERVICES
Crisis intervention (in-person, includes safety Therapy (traditional, cultural, or alternative
02/23/2016 Page 34 of 42
123
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Use of VOCA and Match Funds
'
planning, etc )
Hotline/crisis line counseling
Individu I I counseling VO
i
On -scene crisis response (e.g., community
crisis response)
SHELTER/HOUSING SERVICES
Emergency shelter or safe house
i
Transitional housing
CRIMINAL/CIVIL JUSTICE SYSTEM ASSISTANCE
V Notification of criminal justice events (e.g., case
status, arrest, court proceedings, case
dispositiin, release, etc.)
VO Victim impact statement assistance
I
Assistance with restitution (includes assistance
in requesting and when collection efforts are not
successful)
YO Emergency justice -related assistance
I
Civil legal attorney assistance in obtaining
protection or restraining order
I
Civil legal attorney assistance with family law
issues (e g , custody, visitation, or support)
02/23/2016
healing art, writing, or play therapy; etc.)
Support groups (facilitated or peer)
Emergency financial assistance (includes
emergency loans and petty cash, payment for
items such as food and/or clothing, changing
windows and/or locks, taxis, prophylactic and
non prophylactic meds, durable medical
equipment, etc.)
Relocation assistance
Immigration attorney assistance (e g., special
visas, continued presence application, and other
immigration relief)
Other civil legal attorney assistance (e.g.,
landlord/tenant, employment, etc )
v Prosecution interview advocacy/accompaniment
(includes accompaniment with prosecuting
attorney and with victim/witness
• Criminal advocacy/accompaniment
%0 Civil advocacy/accompaniment (includes victim
advocate assisting with protection orders)
Page 35 of 42
124
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
j Statement of Need
Statement of Need: The statement of need must provide a description about why this project is needed Be
clear and avoid 6cronyms.
Underserved Victims: Applicants are encouraged to identify gaps in available services for "underserved"
victims and to seek funding to provide services to these victims. Underserved populations may include, but are
not limited to, child -on -child abuse, child abuse by non -caretaker, crimes against the elderly, non-English
speaking persons, persons with disabilities, victims of federal crimes, victims of workplace violence and
members of racial or minorities.
1) Briefly describe the need for services to victims of crime that will be addressed using VOCA funding If
needed, Idefine the deficiency of services to victims.
Through I ut Indian River County, 250,814 calls for service were dispatched patched in fiscal year 2015 Indian
RiverCounty Sheriffs Office Victim Assistance Program is available to provide services to all of our
144,755 county residents that find themselves victims of crime. We have a slightly higher female
population and persons over 65 represent 30% of our total population, 15.5% higher than national
average. IWe provide services through any law enforcement agency within our county Last fiscal year we
provided services to 6538 victims of crime by utilizing a combination of budgeted funds, VOCA grant
funding, and volunteer advocates. Citing the reality of our declining economy and its relationship to crime
rates, we anticipate the number of victims requiring service will continue to rise We have added another
full time bi-lingual advocate to our staff and will continue to require VOCA funds in order to maintain our
current level of service and attention without creating a deficiency.
2) Provide information about crime statistics for all counties that will be served in the service area.
Specifically, detail the statistics related to the need described in #1
2015 Crime Statistics for Indian River County Sheriffs Office UCR Reporting Murder - 2 Forcible cible Sex
Offenses -18, Robbery — 21, Aggravated Assault — 198, Simple Assault — 490, Burglary — 476, Larceny
— 1803, Motor Vehicle Thefts — 107 Of the 3115 total UCR cases reported, Domestic Violence was
present in 901
3) Provide demographic information about the population of all of the counties that will be served. At
a minimum, provide information about gender, race, or national origin and age for the service area.
2014 U SII. Census data. Estimated Population 144,755. Gender Females 52% Race. White alone —
76.3%, Black or African American alone — 9.4%, American Indian and Alaska - 0 5%, Asian alone —
1.5%, Native Hawaiian and Other Pacific Islander alone — 0%, Two or more races, 1.4%, Hispanic or
Latino — 11 9%. Population Characteristics. Veterans — 15.462%, Foreign born persons — 10 7% Age
Under 5 4.4%, Under 18 — 17.5%, Over 65 — 30% Income Per capita Income - $31,089, Persons in
poverty 14.7%.
4) Provide demographic information about the population to be served through the proposed VOCA
project. At a minimum provide information using agency historical data about gender, race or
national origin and age for the service area.
02/23/2016
Page 36 of 42
125
OFFICE OF THE FLORIDA ATTORNEY GENERAL
1 VOCA 2016-2017
Organization: Indian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Statement of Need
2014 U S. Census data Estimated Population. 144,755. Gender- Females 52%. Race White alone —
76.3%, Black or African American alone — 9 4%, American Indian and Alaska - 0 5%, Asian alone —
1 5%, Native Hawaiian and Other Pacific Islander alone — 0%, Two or more races, 1.4%, Hispanic or
Latino —j 11.9% Population Characteristics Veterans — 15 462%, Foreign born persons — 10 7% Age
Under 51— 4 4%, Under 18 — 17.5%, Over 65 — 30%. Income Per capita Income - $31,089, Persons in
poverty ' 14.7%
02/23/2016
Page 37 of 42
126
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: i Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Project Proposal
The project proposal must clearly outline what needs to be done and by whom in order to address the needs
identified in the statement of need.
The project proposal pertains only to the services related to the proposed Total VOCA Project (VOCA grant
plus match activities).
1) Describe which services will be provided to the crime victims described in the statement of need
Summarize which services will be provided by each proposed VOCA funded personnel position or
contractor Specifically, indicate how the proposed personnel, operating, contractual, equipment and
training ' 'expenses are associated with the provision of services to crime victims consistency
Indian River County Sheriffs Office Victim Assistance Program will provide services required of a
first responding agency inclusive of, but not limited to, crisis intervention, counseling, information
and referral services, assistance with processing victim compensation, education of victims
rights, personal advocacy and follow up services 24 hours a day through the use of three (3)
full-time Victim advocates, ten (10) volunteer victim advocates, and two (2) clerical volunteers We
will provide services to victims identified by any law enforcement agency within Indian River
County via face to face contact, phone contact, written contact or any combination of those We
are also currently staffed with one bi-lingual victim advocate to provide better service to our
Hispanic Ipopulation
2) Provide a listing of other agencies that will coordinate services with the applicant for the VOCA project
and the services provided by each agency
Indian Rii erCounty Sheriffs Office Victim Assistance Program works g o ks closely with a variety of
service pi roviders, including, but not limited to, the State Attorney's Office, Safe Space, Indian
River Victim's Rights Coalition, and the Council of Community Services Safe Space provides
domestic violence shelters and counselors. The State Attornev'c ()ffira nrnvirice n cmn„rti
transition from first response through the court system processes Indian River Victim's Rights
Coalition provides victims additional awareness of their legal rights The Council of Community
Services also reviews available services and identifies voids
1
3) Describe in detail how the coordination of services will be accomplished.
Indicate if a Memorandum of Agreement or other formal coordination plan is in place.
Our agency works closely with the State Attorney's Office, Safe Space, and the Mental Health
Association making referrals to appropriate services. The Indian River County Sheriffs Victim
Assistance Program has a strong network with all law enforcement agencies in the county to
share information on the needs of victims of crime No formal Memorandum of Agreement is in
place i
4) Does a duplication of service exist? (Choose one from the drop-down menu) No
If yes, please explain.
02/23/2016 Page 38 of 42
127
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Ilndian River County Sheriff's Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Project Proposal
5) The Final Program Guidelines mandate that grant recipients use volunteers in the victim services
program Describe how volunteers will be utilized to provide services to crime victims If the agency does
not currently utilize volunteers, please explain how they will be recruited and incorporated into the victim
services 1program
Indian River County Sheriffs Office has twelve (12) volunteers utilized within the Victim Assistance
Program! Ten (10) of those volunteers are fully trained advocates that assist the program by being
on-call and performing all the assignments our paid advocates do The other two (2) volunteers
handle clerical duties such as data entry, phone calls, and filing
6) Identify t I e number of volunteer hours supporting the work of this VOCA award for subgrantee agency's
victimization program/services.
12 Volunteers provided
5170 Hours of Service annually
214856 FTE equivalent (hours provided divided by 2080)
7) If applicable, provide a justification for not billing Victim Compensation for services that may be funded
through Victim Compensation. For example, therapy services requested as part of the personnel or
contractual budgets.
If this is not applicable, please indicate "N/A."
N/A
8) The agencies that receive VOCA grant funding are required to comply with the Federal statutes and
regulations that prohibit discrimination in federally assisted programs or activities Recipients may not
discriminate in employment on the basis of race, color, national origin, religion, sex, and disability. Also,
recipients may not discriminate in the delivery of services or benefits on the basis of race, color, national
origin, religion, sex, disability, and age. In order to ensure VOCA-funded agencies fulfill the expectations
of the Federal civil rights obligations all organizations that receive VOCA funding must complete the
online civil rights training curriculum for recipients offered by the Office for Civil Rights. If awarded VOCA
grant funding will the applicant agency complete the required training and comply with all applicable
Federal statutes and regulations related to civil rights and nondiscrimination?
(Choose one from the drop-down menu below)
Yes
02/23/2016
Page 39 of 42
128
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Iridian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Victims Served and Types of Services
i
Agency Name: Indian River County Sheriffs Office
The number of victims indicated should include the number of new victims provided services by VOCA funded
and matching staff during the grant period. The figures indicated should be based on historical data and/or the
anticipated need of the population served through the VOCA project. If awarded funding, the applicant agency
will be expected IIt fulfill these performance measures
Recipients of VOCA funding are required to provide services to victims of Federal crimes and to provide
assistance with the VOCA Crime Victim Compensation program.
i
I
VOCA Grant Request
(from the Budget Summary Page) $90,555.60
l
# of Victims Type of Victim $ Amount % of Total # of Other For other
to be $90,555.60 per Grant Types types of crimes,
Served Category Amount of Victims identify and list each
to be separately below.
Served
236 Adult Physical Assault $5,32282 5.88% 0
(I `cludes Aggravated and
Si mple Assault)
1 Adult Sexual Assault $22.55 0.02% 0
0 Adults Sexually $0 000% 0
Abused/Assaulted as
Children
2 Arson $45.11 005% 0
3 Bullying (Verbal, Cyber or $6766 0.07% 0
Physical)
1815 Burglary $40,936.10 45.21% 0
34 Child Physical Abuse or $766.85 085% 0
Neglect
5 Child Pornography $112.77 0.12% 0
11 Child Sexual $248.10 027% 0
Abuse/Assault
923 Domestic and/or Family $20,817.64 22.99% 0
Violence
14 D I I/DWI Incidents $315.76 035% 0
5 Elder Abuse or Neglect $112.77 0.12% 0
0 Hate Crime. $0 0.00% 0
Racial/Religious/Gender/S
exual Orientation/Other
(Explanation Required)
0 Human Trafficking Labor $0 000% 0
02/23/2016
Page 40 of 42
129
Organization:
2
700
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
idian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Victims Served and Types of Services
uman Trafficking Sex $45.11 0.05% 0
entity $15,78803 17.43% 0
ieft/Fraud/Financial
ynme
4 Kidnapping $9022 0.10% 0
0 Mass Violence $0 0.00% 0
(Domestic/International)
1 Other Vehicular $22.55 0 02% 0
Victimization (e g., Hit and
Run)
61 Robbery $1,375.81 1.52% 0
176 Stalking/Harassment $3,96956 438% 0
12 Survivors of Homicide $27065 0.30% 0
Victims
0 been Dating Victimization $0 0.00% 0
0 terrorism $0 000% 0
(Domestic/International)
10 Violation of a Court Order $225.54 0.25% 0
Total 4015 $90,55560 4.00% 0
Victims
Served
Indicate the number of victims projected to receive the following services In this section, only count a victim
once, regardless of how many times the victim received a particular service The total amount for any one
service may notiexceed the total number of victims projected to be served See the VOCA Definitions for a
description of each service
I
# of Victims Type of Service # of Other Types For other types of
to be of Services to be services, identify and list
Served Provided each separately below.
472 Information and Referral 466 Telephone Support
917 Personal Advocacy/Accompaniment 0
166 i Emotional Support or Safety Services 0
2 Shelter/Housing Services 0
5 Criminal/Civil Justice System Assistance 0
1987 Number of Victims Assisted with a Victim 0
Compensation Application
Total 4015 466 Subtotal of "Other"
Services
Services
02/23/2016 I Page 41 of 42
130
OFFICE OF THE FLORIDA ATTORNEY GENERAL
VOCA 2016-2017
Organization: Indian River County Sheriffs Office Grant No.: VOCA-2016-Indian River County Sheri -00470
Required Documentation
Required Documentation:
Job descriptions A job description is required for all proposed VOCA-funded personnel and match
personnel and must indicate the percentage of time allocated for each task totaling 100% of the job
duties Job descriptions must reflect VOCA allowable activities that are equal to or greater than the
percentage of the position that is VOCA funded. Failure to provide VOCA allowable job descriptions
may result in a reduction to your request.
Letters of Support: Attach three (3) current letters of support from local community or government groups
A current letter is one that is dated during the current calendar year It is the responsibility of the applicant
agency to ensure letters highlight the applicant agency's record of providing effective services to victims
of crime (if applicable), demonstrates the writer's support as well as the community's support of the
services that are requested as part of VOCA Grant project. Do not provide more than three letters The
following will not be accepted
* letters from one individual that is not venting on behalf of a local community or government group
*Letters from individuals or units within the applicant agency
*Letters acknowledging conference or meeting participation
*fetters that are similar in content
Documentation of the agency's 501(c) 3 ruling from the Internal Revenue Service Provide
I 9 de
documentation to document the nonprofit status of the applicant agency This may include
*proof that the Internal Revenue Service recognizes the organization as being tax exempt under
501(c)(3) of the Internal Revenue Code,
*a statement from a state taxing body or state secretary of state certifying that the organization is
a nonprofit organization and that no part of the organization's net earnings may benefit any private
shareholder or individual,
*a certified copy of a certificate of incorporation or similar document establishing nonprofit status,
*any of the above, if it applies to a state or national parent organization, with a statement by the
state or national parent organization that the applicant is a local nonprofit affiliate
Required Documentation Uploads
Upload Name Victim Advocate MatchUpload Type
Victim Advocate VOCA
LOS State Attorney
LOS VBPD
OAG Only - Upload Section
Upload Name
02/23/2016
Job Descriptions
Job Descriptions
Letters of Support
Letters of Support
Upload Type
Page 42 of 42
131
March 30, 2016
heriff Deryl Loar
Indian River County
Chairman Bob Solari
Indian River County Board of County Commissioners
1801 27'h Street
Vero Beach, Florida 32960
RE: NI otice of request for placement on the April 5. 2016 Board of
Dear Chairman Solari:
Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental
Agenciies portion of the April 5, 2016 Board of County Commission agenda.
Indian; River County Sheriffs Office (IRCSO), would like to notify Indian River County (IRC) that it is
applying for the 2016-2019 Department of Homeland Security Operation Stonegarden Grant. This grant,
if approved, will provide funding to reimburse overtime salaries for inter -coastal extra duty details based
on intelligence data received from Customs and Border Patrol. This is a continuation grant which has
been utilized by IRCSO since 2014.
The total dollar amount requested for 2016-2019 is $86,924.41. No funds match is required. The
completed application, along with the Indian River County Finance Office Grant Form, is included with
this request.
Should you have any questions, please contact Planner, Annette M. Russell, at 772-978-6214. Thank you
for your assistance.
Sincerely,
V�
Deryl Loar, Sheriff
DL:am
cc: Joe Baird, County Administrator
Jason Brown, Budget Director
Dori Roy
Enclosures
4055 4151 Avenue, Vero Beach, Florida 32960 www.iresheriff.org
(772) 569-6700
40 i
r 132
i
GRANT NAME: Operation Stonegarden
1
AMOUNT OF GRANT: $86,92441
I
DEPARTMENT RECEIVING GRANT- Indian River County Sheriff's Office
CONTACT PERSON Annette M. Russell Planner
GRANT #
f ELEPHONE. 772-978-6214
I How long is the grant for? Three (3) Years Starting Date. October I. 2017
2. Does the grant require y ou to fund this function after the grant is over? Yes X No
3 Does the grant require a match? Yes x No
If yes. does the grant allow the match to be In -Kind services? Yes No
4. Percentage of match to grant
5. Grant match amount required
6. Where arI the matching funds coming from (i.e. In -Kind Services: Reserve for Contingency)?
7 Does the grant cover capital costs or start-up costs?
If no. ho%v much do you think will be needed in capital costs or start-up costs:
(Attach aldetail listing ofcosts)
8. Are you adding any additional positions utilizing the grant funds?
If yes. please list. (If additional space is needed, please attach a schedule )
Yes X No
Yes X No
Acct.
I Description Position Position Position Position Position
011.12
lRegular Salaries
01 1 13
10ther Salaries & Wages (PT)
012.11
;Social Security
012 12
!Retirement — Contributions
012.13
Insurance — Life & Health
$
Worker's Compensation
r012.14
012.17
S/Sec. Medicare Matching
$ 30,399 41
TOTAL
9. What is the' total cost of each position including benefits, capital, start-up, auto expense, travel and operating"
Salary and Benefits Operating Costs Capital Total Costs
10 What is the estimated cost of the grant to the county over five years? $
i
Signature of Preparer•
Date: March 30, 2016
133
Grant Amount
Other Match Costs Not Covered
Match
Total
ear
$ 27,573.17
$
$0
$ NO MATCH
Year
7Fourth
$ 28,951.83
$
$0
$ NO MATCH
ear
$ 30,399 41
$
$0
$ NO MATCH
Year
$
$
$
$
Fifth Year
$
$
$
$
Signature of Preparer•
Date: March 30, 2016
133
FY 2016 OPERATION STONEGARDEN (OPSG) OPERATIONS OMB No:1660-0125
ORDER AND BUDGET TEMPLATE Expires: 430-2017
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 570 hours per response. The burden estimate includes
the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and submitting the form. This collection of information is required to obtain or retain benefits. You are not
required to respond to this collection of information unless a valid OMB control number is displayed in the upper right
corner of this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing
the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency
Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (1660-0125).
NOTE: DO NOT SEND YOUR COMPLETED FORM TO THIS ADDRESS.
Op
Order Name: OPSG FY 16 Florida, Indian River County Sheriffs Office
Op
Order Number:
Op
Dates: From: September 1, 2016 To: Au ust 31, 2019
Re
ort Date:
Executive Summary
Operation Stonegarden (OPSG) is funded by the Department of Homeland Security (DHS) and led by
Customs and Border Protection (CBP) which supports overtime, per diem, and lodging during operations to
state, local, and tribal agencies for the purpose of enhancing border security. This funding is designated to
enhancelcooperation and coordination between Federal, State, and local law enforcement agencies in a joint
mission ito secure the U.S. borders along routes of ingress and egress leading to and from the United States.
Indian River County Sheriff's Office (IRCSO) shall lead operations with the ability to utilize resources from
other local agencies including, but not limited to, Vero Beach Police Department (VBPD), Sebastian Police
Department (SPD) and Indian River Shores Public Safety Department (IRSPSD), as the coastal/local law
enforcement agency for Indian River County, Florida. Operations will enhance their capability to detect,
prevent, and deter terrorists, weapons of mass effect, smuggling of contraband, and human trafficking. These
efforts will reduce crime in an effort to ultimately improve quality of life for the residents of Indian River
County.
Officers performing duties under this operation plan will act on intelligence led investigations and approved
operations plans to enhance border security, support the DHS mission and the National Border Patrol
Strategy. Additionally, creation of specific operations following a qualifying incident or shared intelligence
brief, will increase our capability to augment operational elements of state law enforcement
specialized/technical teams. Lastly, we intend to leverage new "safe border" technology in order to enhance
our ability in identification and analyzing trends, linkages, and targeting to support a full range of
enforcement, including interdiction, investigation, and adjudication.
I
I. Situation
A. General Situation: Indian River County's northern border is along the Sebastian Inlet. Our locally
known inlet and miles of undeveloped beach front have been utilized for illicit smuggling operations
since prohibition. Sebastian Inlet is remotely located between the Ports of Fort Pierce and Cape
Canaveral, thus patrolled less frequently by federal agencies. As security efforts at official ports of
entry become more sophisticated and stringent, it is believed that terrorists and other criminals may
illegally enter the country between ports of entry. Historical maritime security efforts within Indian
River County have focused primarily on traditional maritime safety and basic law enforcement
concerns. Small vessels (under 300 gross tons) travelling adjacent to and through Indian River County
can operate (often routinely and with ease) in close proximity to critical infrastructure (CI) and key
1
134
resources (KR) in nearby Flonda ports, which would comply as potential high-profile targets. Indian
River County also encompasses two local airports which allow the possibility of air movement in and
out of the country as well. All of the information listed poses a moderate level of risk due to gaps in
situational awareness and our local agencies ability to work alongside and share information with
Border Patrol in an effort to expand capabilities to mitigate those threats.
I
B. Terrain/Weather: Indian River County encompasses twenty two and a half (22 1/2) miles of
relatively unincorporated Florida coastline, two small airports, additional airfields and a relatively short
distance to other countnes without as stringent security measures. These factors provide virtually
unlimited opportunity for those who wish to utilize maritime and/or aviation conveyances in order to
smuggle humans, drugs, and other contraband. Another notable fact is the Gulf Stream that flows
between Florida and the Bahamas is one of the most powerful ocean surface currents in the world.
Manners are able to take full advantage of these currents and prevailing easterly or southerly winds
when departing the Bahamas to arrive on the Indian River County shoreline.
i
C. Criminal Element: The United States Department of Justice National Drug Intelligence Center
(NDIC) has designated South Florida as a high intensity drug trafficking area. Due to our country
diligently protecting inland borders in recent years, criminal organizations are returning to the air and
sea as a means to smuggle humans and contraband.
I
Indian River County's economic climate, •largely dependent on agnculture and tounsm, the rich
demographic composition of Florida, ranked third for the number of immigrants living within its
borders, provides a steady supply of vulnerable victims for traffickers to prey on. Prostitution,
indentured servitude and migrant farm work are Just a few examples of how Florida's unique
demographic renders it an ideal location for human trafficking. Miami and the Florida Keys still
remain popular destinations for human and drug smuggling, although heavy enforcement and
prosecution in those areas push criminals to trend north.
Currently, the U.S. Government has an incomplete knowledge of the international recreational boating
public, their travel patterns, and limited information available regarding fishing fleets and the multitude
of small commercial vessels and/or aircraft operating in or near Indian River County Florida. Not.only
can these resources be exploited by a criminal element, small vessels and aircraft found in Indian River
County are vulnerable to potential exploitation by terrorists to deliver weapons of mass destruction or
improvised explosive devices as well.
The ability to gather, track and share intelligence between law enforcement agencies has become
increasingly difficult and the criminal element has become more sophisticated with increased counter-
intelligence capabilities. This vulnerability is compounded by a very limited advance notice of arrival
regmrements for most recreational small vessels arriving from abroad and the inability to screen them
for;illegal activity.
D. Friendly Forces: Federal: Customs Border Protection (CBP) Border Patrol (BP), Immigration and
Customs Enforcement (ICE), United States Coast Guard (USCG), Federal Bureau of Investigations
(FBI), Drug Enforcement Administration (DEA).
State: Florida Department of Law Enforcement (FDLE), Central Florida Regional Domestic Security
Task Force (CFRDSTF), Central Florida Information Exchange (CFIX), Florida Highway Patrol
(FHP), Florida Fish and Wildlife Conservation Commission (F -WC)
Local: Indian River County Sheriff's Office (IRCSO), Vero Beach Police Department (VBPD),
Sebastian Police Department (SPD), Indian River Shores Public Safety Department (IRSPSD),
Fellsmere Police Department (FPD).
135
i
II. MISSION
Operation Stonegarden is designed to coordinate surge efforts between federal, State and local law
enforcement agencies to protect and secure our Nation's borders from terrorist, weapons of mass
destruction, contraband smuggling and human trafficking. Increased law enforcement presence along
the border will result in the reduction of crimes and improvement of the quality of life for the citizens of
Indian River County. Local agency leader Indian River County Sheriff's Office(IRCSO), with VBPD,
SPD, and IRSPSD available as additional manpower if needed, will combine efforts with the Miami
Sector Border Patrol to prevent criminal activity. Officers assigned to Operation Stonegarden will
enforce applicable state and local laws and regulations within the scope of their authority granted by the
State of Florida. These agencies will also coordinate with Border Patrol to help locate wanted subjects,
smuggled currency, and smuggled weapons.
II1. EXECUTION
A. Management/Supervisor Intent: IRCSO will increase border security through coordination,
C.
IWJ
collaboration, and cooperation with U.S. Border Patrol Miami Sector under the provisions of Operation
Stonegarden to establish a common operational picture (COP). The focus of this operations plan is
aggressive enforcement of Ronda law and denial of opportunity to criminal organizations in
smuggling efforts, potential terrorist activity, ingress and egress to transportation hubs in Indian River
county.
General Concept: The IRCSO, utilizing VBPD, SPD & IRSPSD if additional manpower is needed,
will conduct "Surge" border security through direct coordination with US Border Patrol Miami Sector.
Itis anticipated that the increase in law enforcement presence will significantly impact the perceived
ability of criminal organizations to operate in the Miami Sector AOR (Area of Responsibility) in
Florida. Intelligence information assessments are critical to this operation. IRCSO will leverage
available technology and specific monthly performance reporting to supply information to federal
agencies which will enhance their ability to identify and analyze trends, linkages, and targeting in order
to support a full range of enforcement including, but not limited to, interdiction, investigation and
adjudication.
Specific ecific Responsibilities:
1. Share information between U.S. Customs and Border Patrol and local law enforcement
agencies relevant to Indian River County.
2. Perform local "surge" activities coordinated by U.S. Border Patrol in conjunction with
local law enforcement.
1 3. Perform intelligence led operations to include, but not limited to interdiction,
investigation, and adjudication.
4. Report all pertinent intelligence and milestone data in a clear and concise format.
Cdordinating Instructions: Agencies, assets, and related operations will coordinate activities
through the border patrol station responsible for AOR's where specified operations will be conducted.
Agencies will work together to stage and/or support operations, establish traffic patterns, and maintain
a strong law enforcement presence by land, air, and water in Indian River County to deter criminal
and/or terronst activity. Agencies will submit reports using prescnbed procedures dictated in the
award documentation. The Miami Border Patrol Sector will determine specific operational areas.
Agencies will coordinate with the BP to ensure the ability to redirect resources to areas deemed the
greatest risk to national security based on the most current intelligence and illegal border related
activity trends.
136
IV. BUDGET
:$86,924.41
Personnel/Overtime =100% of Grand Total Request
A.1. 1 Cost
Law Enforcement Operational
Overtime
Fringe Benefits for Law
Enforcement
ear 11:
Maritime Patrols: $50/hr OT rate x 2
personnel x 4 hours x 4 details x 4
quarters per year x 1 year
Aviation Patrols: $50/hr OT rate x 2
personnel x 4 hours x 4 details x 4
quarters per year x 1 year
Highway Interdiction: $50/hr OT rate
x 8 personnel x 3 hours x 2 detail x 4
quarters per year x 1 year
Highway Interdiction: $65/hr OT rate
x 1 supervisory personnel x 3 hours x 2
detail x 4 Quarters ver vear x 1 vear
(FICA 7.65%) + (Retirement 7.26%) +
(WC .17%) = 15.08%
$6400.00
$6400.00
$9600.00
$1560.00
$3613.17
Year l — Sub -Total 1 1 $27.573.17
4
137
A.2.
uests (Year 2):
Law JEnforcement
Operational
Maritime Patrols: $52.50/hr OT rate x
$6,720.00
Overtime
2 personnel x 4 hours x 4 details x 4
quarters per year x 1 year
Aviation Patrols: $52.50/hr OT rate x 2
$6,720.00
personnel x 4 hours x 4 details x 4
quarters per year x 1 year
Highway Interdiction: $52.50/hr OT
$10,080.00
rate x 8 personnel x 3 hours x 2 detail x
4 quarters per year x 1 year
Highway Interdiction: $68.25/hr OT
$1,638.00
rate x 1 supervisory personnel x 3 hours
x 2 detail x 4 quarters per year x 1 year
Fringe Benefits for Law
(FICA 7.65%) + (Retirement 7.26%) +
Enforcement
(WC .17%) = 15.08%
f
$3,793.83
Yearl2 — Sub -Total I
I
528.951.83
A.3.
Law Enforcement Operational
Overtime
i
ear 3
Maritime Patrols: $55.125/hr OT rate x $7,056.00
2 personnel x 4 hours x 4 details x 4
quarters per year x 1 year
Aviation Patrols: $55.125/hr OT rate x
2 personnel x 4 hours x 4 details x 4 $7,056.00
quarters per year x 1 year
Highway Interdiction: $55.125/hr OT $10,584.00
rate x 8 personnel x 3 hours x 2 detail x
4 quarters per year x 1 year
Highway Interdiction: $71.662/hr OT $1,719.89
rate x 1 supervisory personnel x 3 hours
x 2 detail x 4 quarters per year x 1 year
Fringe Benefits for Law (FICA 7.65%) + (Retirement 7.26%) +
Enforcement (WC .17%) = 15.08%
$3983.52
Year 2 — Sub -Total $30,399.41
5
138
V. COMMAND/CONTROL/COMMUNICATION
A. ChIain of Command: Each law enforcement agency will follow ollo its own chain of command
concept.
I
I
B. Unit Command: The Indian River County Sheriff's Office designated program manager shall
designate an appropriate supervisor during detail operations.
C. C I munications Detail: IRCSO will coordinate with other units/agencies to patch common
frequencies. Communications between IRCSO and federal agencies will take place through the
utilization of telephone, email correspondence and other agreed upon electronic means until other
technology becomes available.
D. Location Zone: Miami Sector
1
ANNEX
A. Administration Annex: Indian River County Sheriff's Office will administer the operations
and take fiscal and programmatic reporting responsibilities for this grant. The IRCSO Special
Operations Section Lieutenant, under the direction of Indian River County Sheriff, Deryl Loar,
will serve as Program Manager for Operation Stonegarden, Indian River County.
B. 'Execution Annex: Operation Stonegarden will be executed by a point effort to include:
,Chief Patrol Agent —CBP Miami Sector Headquarters. (TBD) (305) 810-5120
'Indian River County Sheriff's Office — Sheriff Deryl Loar, (772) 978-6404
Vero Beach Police Department — Chief David Curry (772) 978-4610
Sebastian Police Department — Chief Michelle Morris (772) 589-5233
Indian River Shores Public Safety - Chief Michael Jacobs (Acting) (772) 231-1771
C. Command Annex:
Indian River County Sheriffs Office Chain of Command:
j Sheriff Deryl Loar
4055 41" Ave, Vero Beach, Fl 32960, (772) 978-6404
Chief L.E. `Bud" Spencer
4055 41" Ave, Vero Beach, Fl 32960, (772) 978-6404
Captain Don Smith
4055 41" Ave, Vero Beach, Fl 32960, (772) 978-6160
Lieutenant Charles Kirby (Program Manager)
4055 41" Ave, Vero Beach, Fl 32960, (772) 978-6163
Vero Beach Police Department: Chief David Curry
1 1055 20`h Street, Vero Beach, FL 32960, (772) 9784610
Sebastian Police Department: Chief Michelle Morris
1201 Main Street, Sebastian FL, 32958, (772) 589-5233
Indian River Shores Public Safety Department: Chief Richard Rossell
6001 N. A 1 A, Indian River Shores, FL, 32963 (772) 231-1771
i
Media Action Plan: Agency Public Information Officers will coordinate the release of
information to the public
Legal Review: As required by each participating agency
Risks: Refer to Section I -A -General Situation and I -C -Criminal Element sections.
Photos: Not applicable
3
139
)OA -L
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird; County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling,I P; Community Development Director
FROM: Sasan Rohani, AICP 5 1�
Chief, Long -Range Planning
DATE: ; March 24, 2016
I
SUBJECT: County Initiated Request to Amend the Text of the Potable Water and Sanitary
Sewer Sub -elements of the County's Comprehensive Plan
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its regular meeting of April 5, 2016.
DESCRIPTION AND CONDITIONS
This is a county -initiated request to amend the text of the Potable Water and Sanitary Sewer Sub -
elements of the county's Comprehensive Plan. The request was directed by the Board of County
Commissioners (Board) at its October 13, 2015 meeting (see attachment #1). Its purpose is to revise
Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element to
modify certain policy provisions that allow properties that lie outside the Urban Service Area (USA) to
be connected to centralized water and sewer service under certain conditions. Based on comments
provided by the Board at the January 19, 2016 transmittal hearing, the scope of the amendment has been
narrowed so as to apply to existing camps/retreats and places of worship for a limited period of time. In
the final version to be considered by the Board at the April 5t' final hearing, the amendment will only
apply to approved existing places of worship (churches) and camps/retreats that apply to Utility Services
for connection by June 30, 2016.
• Comprehensive Plan Amendment Review Procedures
Although the number of plan amendments that the county may consider is not limited, the county's
Comprehensive Plan regulates the frequency with which the county may amend the plan. According to
the county's Comprehensive Plan, plan amendments are limited to four times per calendar year. For that
reason, the county accepts general plan amendment applications only during the "window" months of
January, April, July and October. In this case, the subject application was submitted during the October
2015 window, and was the only application submitted during that window.
1 140
The procedures for reviewing a Comprehensive Plan amendment involve several steps. First, the
Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing to
review thle request. At the public hearing, the Commission makes a recommendation to the Board of
County Commissioners (Board) to approve, approve with modifications, or deny the requested
amendment.
Following PZC action, the Board conducts two public hearings. The first of those hearings is for a
preliminary decision on the amendment request. At that hearing, the Board determines whether or not
the amendment warrants transmittal to state and regional review agencies for their consideration.
If the am Indment is transmitted, state and regional review agencies review the amendment as it pertains
to each agency's area of focus. Review agencies then send their comments directly'to the county and
the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised
in the review agency comments, a second and final Board public hearing is conducted. If the Board
approves the request at the final public hearing, then the approved amendment is submitted to the State
Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days
after the State Land Planning Agency determines that the approved amendment submittal is complete,
unless a cl allenge is filed by an affected party.
PZC Action
At its regular meeting of December 10, 2015, the Planning & Zoning Commission voted 5-0 to
recommend that the Board of County Commissioners deny the proposed amendment (see attachment
#3). The PZC's recommendation and reasoning for its recommendation are described later in this
report.
BCC Action (transmittal public hearing)
After the PZC hearing, the BCC held its transmittal hearing on January 19, 2016, and voted 3-2 to
transmit the proposed comprehensive plan text amendment to state and regional review agencies.
Subsequently, staff transmitted the proposed amendment to state and regional review agencies. At the
January 19, 2016 transmittal hearing, the Board directed staff to refine the amendment and create a
narrow window of opportunity for approved existing places of worship and camps/retreats to connect to
the water ; and sewer services via a sunset provision. Based on that directive, staff revised the
amendment which is described in the analysis section of this report.
i
State Agency Review
After transmittal and review of the proposed amendment, no state or regional reviewing agency had any
objections'to the comprehensive plan text amendment (see attachment # 7). Although the final version
of the amendment will differ from the transmittal version, staff does not anticipate any objections from
reviewing agencies since the scope of the amendment will be narrowed.
BCC Final Public Hearing
The April 5, 2016 public hearing is the final step in the Comprehensive Plan amendment process. At
that hearing, the BCC must decide whether or not to approve the proposed amendment.
2 141
rpose of the Urban Service Area & Connection Policies
Since 199,0, Indian River County has had a designated Urban Service Area (USA). Located mostly east
of Interstate 95, the USA is that portion of the county where urban services and facilities are provided.
As such, the USA is that part of the county which can accommodate higher intensity development.
While the principal purpose of the Urban Service Area is to establish where urban facilities such as
water and sewer lines are constructed and where urban services are provided, the USA also serves as an
urban growth boundary. In that capacity, the USA serves as the area in which urban development is
encouraged, and outside of which urban development is prohibited.
In its preset nt position, the Urban Service Area boundary provides a clear delineation between urban and
rural areas. Since the uses allowed outside the USA are limited to very low density residential uses or
clustered development, as well as agricultural uses, certain non-residential uses, and natural uses, the
USA serves to maintain the rural character of the land outside the urban service area. For that reason,
the USA provides an important function in directing urban and rural development to appropriate
locations.
An important aspect of the county's Comprehensive Plan and Future Land Use Map is to direct
residential, commercial, and industrial growth to property inside the Urban Service Area. In so doing,
the plan ensures that infrastructure investments are made in an efficient and cost effective manner, while
urban development occurs in a generally compact pattern.
In the Future Land Use Element of the Comprehensive Plan, there are several Urban Service Area
policies. Those policies primarily focus on services provided within the Urban Service Area, densities
allowed within and outside of the Urban Service Area, and uses allowed within and outside the Urban
Service Area. Those policies also address Urban Service Area expansion.
As to the restriction of public facilities outside of the Urban Service Area, that issue is addressed in both
the Potable Water Sub -element and the Sanitary Sewer Sub -element of the Comprehensive Plan.
Through Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -
element, the Comprehensive Plan essentially limits the provision of centralized water and sewer service
to areas within the Urban Service Area. Although those policies limit water and sewer service to areas
within the USA, each of the policies has a list of exemptions to the general rule of prohibiting water and
sewer outside of the USA.
P
Exem tions to the prohibition of providing water and sewer service outside of the USA are limited.
Those exemptions include an allowance for uses, such as agricultural businesses and agricultural
industries,, that typically need to locate in rural areas. Exemptions also apply to preferred types of
development that have efficient layouts such as clustered developments and new town projects, and to
properties that lie outside the USA but are located within 500 feet of an existing main distribution line
or sewer main that is part of a looped system. Finally, there is an exemption for properties with a high
risk of private well contamination.
3 142
• Initiation of Amendment Request
At its October 13, 2015 meeting, the Board heard from representatives of an agricultural business, a
camp/retreat facility, and a church. All three representatives expressed a need or strong desire to change
existing policy to allow connection of their projects to a county water line (for potable water and fire
protection) and to a sewer line. All three projects are located close together on 12`h Street west of 580'
Avenue, in an area that is more than 500 feet from the Urban Service Area. Although the agricultural
business can already connect under current policy, that representative supports a policy change that will
allow thei neighboring church and camp/retreat facility to connect so that all three projects can jointly
fund and benefit from common improvements to extend water and sewer lines along 12`x' Street for the
three projects. Because the camp/retreat facility and the church are located outside of the Urban Service
Area (USA) and are more than 500 feet from existing water and sewer lines, they cannot connect their
projects to county water and or sewer under current Potable Water Sub -element Policy 5.7 and Sanitary
Sewer Sub -element Policy 5.8.
During the October 13, 2015 meeting, Planning and Utility Services staff explained the purpose of the
USA and the USA-related*connection policies. After hearing from the representatives and staff, Board
members discussed the merits of allowing projects such as the approved and existing 12d' Street projects
which lie outside the USA and have "bad water" and/or fire protection needs to connect to water and/or
sewer lines at their own expense.
In the end, the Board directed staff to amend connection policies to allow projects such as the
camp/retreat and church, which lie outside the USA, to connect to public water and sewer service (see
attachment #I). In response to that direction, staff initiated the formal amendment process and drafted
proposed changes to water and sewer connection policies that will allow the projects to connect subject
to certain'.conditions.
• ' Current Urban Service Area Policies
As structured, the county's Urban Service Area policies, which include water and sewer connection
policies, address both growth management and utility system expansion issues. From a growth
management perspective, the Urban Service Area establishes the urban and rural areas of the County
based on where urban services are provided. From a utility system expansion perspective, the urban
service area guides utility system design by establishing a set service area where transmission mains,
pump stations, storage tanks, and other system components will be constructed and maintained.
USA Growth Management
t
t
Because the Urban Service Area establishes the basis for setting land use designations, it is a
determining factor of where higher densities are allowed. That relationship between the USA and
higher density development is appropriate because higher density development requires urban services,
particularly centralized water and sewer service. Consequently, areas without water and sewer service
are not appropriate for urban type development, while those areas with water and sewer service may be
appropriate for higher densities.
To ensure that water and sewer service is not generally expanded outside of the USA, thereby creating a
de facto USA expansion, staff consistently applies the Comprehensive Plan's Urban Service Area
4 143
I
policies. 'As a result, there are no rural areas of the county that would qualify for USA expansion and
therefore higher densities based on the existence of water and sewer service. Therefore, it is important
for the county to maintain its connection policies in a manner that limits the number and geographic
extent of properties that lie outside the USA and are allowed to connect to water and/or sewer service.
USA = Utility System Expansion
Since the County adopted its Urban Service Area in 1990, the USA has been the basis for utility system
expansion. Essentially, the USA established the area where water and sewer service would be provided
and the area where it would be prohibited. By so doing, the Urban Service Area has provided the basis
for effective utility system planning and capital improvements programming.
Because of the Urban Service Area, the utility system has grown in an efficient and effective manner.
That has involved providing water and sewer services in the higher density urban areas, and limiting
utility service outside of the USA. By so doing, the utility system has avoided some of the problems
that occur when water system expansion extends into rural areas to serve very low density residential
uses or single, low volume non-residential uses. Those problems include poor water quality from low
flow velocities within lines, increased maintenance costs from line flushing, and the waste of saleable
potable water inherent in flushing maintenance activities. To avoid those negative impacts to the utility
system, utility connection agreements to serve properties outside the USA should be limited to looped
systems or limited system extensions paid for entirely by the owner (developer) of the property served
and designed to serve multiple uses such as the three projects located along 12'b Street.
ANALYSIS
As structured, the proposed amendment expands the current connection exception to include approved
existing places of worship and camp/retreat uses that lie outside the USA, subject to three important
provisions. One provision is that by June 30, 2016 the place of worship and/or camp (retreat) owner
must submit their application for utilities connection to Utility Services. That provision establishes a
very short window for the project owners to apply for connection. Also, the connection application
process allows Utility Services to evaluate availability of capacity, system impacts, system
improvements, design specifications, and any necessary conditions associated with a specific proposal
for service/connection. Any such approval is implemented via a formal connection agreement.
I
A secondprovision is that connection to water and/or sewer service shall not be justification for a
density increase. That provision prevents a connection exemption from being used as a de -facto land
use change.
The third)I provision requires that any and all improvements must meet or exceed Utility Services
standards and all costs associated with designing, permitting, and constructing system improvements
and connections to be borne by the property owner (developer). That provision ensures that the initial
capital costs for connecting properties outside the USA are not borne by the existing system and its rate
payers.
144
The proposed exemption is limited to approved existing place of worship and camp/retreat uses that
apply to Utilities Services for connection by June 30, 2016. Only two existing facilities qualify; both
are located along 12`h Street, west of 581h Avenue (Epic Missions retreat and Cornerstone church). Both
existing uses were approved under old development regulations and because they involve substantial
assemblies of people, they can have relatively significant potable water and fire protection needs. By
adopting the proposed connection policy changes, those two uses may be served by centralized water
and sewerlservices if a connection arrangement acceptable to Utility Services is also agreed to by the
user(s).
It should be noted that, in coordination with the Community Development Department, Utility Services
met with 'representatives from the Epic Missions retreat, the Cornerstone church, and the nearby
agricultural business that were the impetus for the proposed amendment. Utility Services conceptually
agreed to the connection and provided all parties the project design parameters and specifications for
connecting the three facilities in the event that the proposed amendment is adopted. A project engineer
has been engaged to design a utility system extension and connection, and to apply for and obtain a
utility connection permit. If the amendment is adopted as proposed, the retreat and the church will need
to apply four connection to the water and sewer system by June 30, 2016. Both have indicated that they
will applylfor connection prior to June 30, 2016.
• PZC Recommendation
At its December 10, 2015 meeting, the PZC considered staffs proposed amendment and analysis. At
that time, I the proposed amendment was not limited to approved existing places of worship and
camps/retreats and did not include a sunset date provision. After discussion, PZC members concluded
that if the amendment as proposed at that time was approved it would open the door for water and sewer
service for other places of assembly uses located outside USA. Furthermore, PZC members indicated
that the county should either allow connection of all places of assembly uses or none. In the end, the
PZC recommended that the Board deny amendment as proposed (see attachment #3).
1
• Potential Effect of Amendment
After the December I0`h PZC meeting, staff coordinated with the GIS Department and Utilities Services
to map and compile a list of place of assembly uses currently located outside the Urban Service Area
and determine their connection status. The resulting list and map identify and locate 20 places of
assembly uses currently located outside the USA (attachment #6). Further research indicates that:
I
• 15iof the 20 uses are already connected to county water and/or sewer service and meet existing
connection policy exemptions; and
• 2 of the 20 uses (Cornerstone Church and Epic Missions) will be allowed to connect if the
proposed policy amendment is adopted as drafted; and
• 3 of the 20 remaining uses are located over 1.5 miles from water/sewer lines and because of
significant distance are not economically feasible to connect and are too remote to gain Utility
Services approval of a connection agreement.
Staff determined that the Cornerstone Church and Epic Missions were the only two facilities currently
located outside the USA that could feasibly benefit from the proposed amendment. The research and
determination were reported to the Board at the transmittal hearing. After the BCC transmittal public
6 145
hearing, based upon input from Board members, staff added a sunset clause to the proposed exemption
and added language that applies the exemption only to approved places of worship and retreats that
existed on January 1, 2016. In its final version, the amendment will apply to only two existing projects
that are experiencing water quality and fire protection problems.
• Consistency with Comprehensive Plan
Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of
the comprehensive plan. As per section 800.07(1) of the county code, the "comprehensive plan may
only be amended in such a way as to preserve the internal consistency of the plan".
For a proposed amendment to be consistent with the plan, the amendment must be consistent with the
goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which
identify actions the county will take in order to direct the community's development. As courses of
action committed to by the county policies, provide the basis for all county land development related
decisions, including plan amendment decisions. While all comprehensive plan objectives and policies
are important, some have more applicability than others in reviewing plan amendment requests. Of
particularl applicability for this request is Policy 14.3 of the Future Land Use Element.
Future Land Use Element Policy 14.3
In evaluating a comprehensive plan amendment request, the most important consideration is Future
Land Use !Element Policy 14.3. That policy requires that at least one of four criteria be met in order to
approve aicomprehensive plan amendment request. Those criteria are:
• The proposed amendment will correct an oversight in the approved plan;
• The proposed amendment will correct a mistake in the approved plan;
• The proposed amendment is warranted based on a substantial change in circumstances; or
• The proposed amendment involves a swap or reconfiguration of land use designations at
separate sites, and that swap or reconfiguration will not increase the overall land use density or
intensity depicted on the Future Land Use Map.
In this case, the proposed comprehensive plan amendment meets Policy 14.3's first criterion. When
Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element were
adopted, those policies were structured to be too restrictive and did not adequately address the potable
water and fire protection needs of an existing place of worship and an existing camp/retreat that were
approved under old regulations, that lie outside the USA, and that are located close enough to existing
water and sewer lines to obtain approval from Utility Services for connection. In retrospect, it appears
that limiting connections to centralized water and sewer services to the extent that Policy 5.7 of the
Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element currently do was an
oversight that did not allow for connection of two "old" existing projects located close to the existing
water and 'sewer system and that accommodate assemblies of people. The subject amendment will
correct that oversight.
Summary of Consistency with the Comprehensive Plan
While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and
objectives also have relevance. For that reason, staff evaluated the subject request for consistency with
7 146
I '
all applicable plan policies and objectives, including Urban Service Area policies. Based upon that
analysis, staff determined that the request is consistent with the County's Comprehensive Plan.
i
CONCLUSION
s
The proposed amendment to Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary
Sewer Sub, -element is limited to two existing "place of assembly" uses that were approved under old
regulations. As structured, the amendment requires that representatives of those two projects apply for
utilities connection by June 30, 2016, that Utility Services evaluate and approve the connection, and that
the owners (developers) bear all costs associated with connection. As a result, the amendment is
narrowly tailored to apply to two existing projects that are located close to existing water and sewer
infrastructure and that were approved for assemblies of people under old development regulations.
RECOMMENDATION:
Based on the analysis, staff recommends that the Board of County Commissioners approve the proposed
comprehensive plan text amendment by approving the attached ordinance.
1. Minutes from the October 13, 2015 BCC Meeting
2. Comprehensive Plan Text Amendment Application
3. Minutes from the December 10, 2015 PZC Meeting
4. Minutes of the Board of County Commissioners meeting of January 19, 2016
5. Proposed Amendment to Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary
Sewer Sub -element
6. Place; of Assembly Facilities Outside Urban Service Area and their Connection Status (January
2016)-
7. Letter, from Department of Economic Opportunity
8. Ordinance
APPROVED AGENDA ITEM:
FOR:
mm
Indian River Co,
Ap oved Date
Admin.
_ 3 '
Legal
Budget
Dept.
'
I
2r/ /b
Risk Mgr.
F•\Community Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5 7 and SS policy 5.8\StaffReports\BCC FINAL staffreport for FLU Comp plan
Text amendment -April 5, 2016 meeting.rtf
8
147
of the July, 14, 5 and Utilities Commission meeting (on file).
Board discus ' n follow
12. DEPARTMENTAL MATTERS
2:11.
p.m.
A. Community Develoament
1. Consideration of Comprehensive Plan Amendment Options: Water
Connection Policy Change or Urban Service Area Expansion West of
58th Ave and South of the Main Relief Canal
(memorandum dated October 5, 2015) 207-223
Director Boling recalled -the August 18, 2015 Board of County
Commission meeting, where staff was directed to explore options
to change the water connection policy to add another exception
that would allow Epic Missions f/k/a Christian Outreach
International, Inc. and similar facilities to connect, or expand the
Urban Service Area (USA) to include or touch the Epic Missions
site. He explained why staff believed the USA boundary should
remain unchanged, and the problematic issues with making a
water connection change. He recommended the Board not
change the water connection policy or expand the USA.
A lengthy discussion ensued as the Board made comments and
posed questions to staff.
Paul Munsie, President and co-founder of Epic Missions,
provided background, urged the Board to allow Epic Missions
and nearby similar sites to connect to County water, and offered
to pay for the installation of the water distribution lines.
Kent Hawkins, Minister of Cornerstone Christian Church, a
neighboring site to Epic Missions, encouraged the Board to allow
a water connection.
Louis Schacht, owner of Schacht Groves, a neighboring site,
encouraged the Board to extend the urban service boundary, and
provide urban services. He stated that he would pay for the water
line.
Commissioner Flescher stressed that this would not be an Urban
Service Boundary move.
MOTION WAS MADE by Commissioner Flescher, SECONDED
by Chairman Davis, to direct staff to initiate a Comprehensive
Plan Amendment to change the water connection policy to allow
certain types of use,with costs to be borne by the applicants.
Board of County Commission Minutes Page 9
October 13, 2615
f" 1 148
Discussion ensued among the Board. and with staff.
The Chairman CALLED THE QUESTION, and by a 3-2 vote
(Commissioners O'Bryan and Solari opposed), the Motion
carried.
The Chairman called for a break at 3:13 p.m., and reconvened
j the meeting at 3:17 p.m., with Commissioner Zorc absent for the
remainder of the meeting.
B. Emergency
None
C. General i
None
1.
I
2.
3.
i
D. Human Res
None
i
E; Office of Mana
ment and Budget
3;17 1. Golf C
t Interfund Loan — yoff
--------
------------------------� ......................................
ON M
TION by Vice n
\105,
Solari, SECONDED by
'
Chair
n Davis, the Boa
vote (Commissioner Zorc
absent)
approved to rere
aining principal balance
outstan
ing on Novemb2015,
or $59,747.70, on the
interfu
d loan from theal Fun
for golf carts; and
autho
ed moving forwathe
pro rement process for
! replaci
g the existing golf cart fleet.
Board of County Commission Minutes Page 10
October 13, 2015-
' C 1 149
APPLICATION FORM
COMPREHENSIVE PLAN TEXT AMENDMENT (CPT.
INDIAN RIVER COUNTY
Planning Division accepts Comprehensive Plan Text Amendment applicati
thej months of January and July of each year. Each application must be
submitted and must include all required attachments. An incomplete app
be processed and will be returned to the applicant.
Assigned Project Number: CPTA - O -- S C
fr
only during
wider
Signature of Owner or Agent:
Please attach the following items to this application. Do not ignore any of the following items. Indicate
"N/A" if an item is not applicable.
I . What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub-
element,ipage number, and if applicable, the objective and policy number(s).
2. What is the exact language proposed to be added and/or deleted from the plan?
3. What is the purpose of the request?
4. What is the justification for the request?
5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and
policies of the comprehensive plan.
6. Provide an analysis of the proposed amendment's impact on public facilities and services.
7. Provide I analysis of the proposed amendment's environmental impacts.
8. Provide a,check, money order or cash in the amount of $2,600.00 made payable to Indian River
County.
THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-
RANGE
ONGRANGE PLANNING SECTION STAFF PRIOR TO APPLYING.
F - Community Development\Users\VICKI STORMSICPTAAMENDMENIFORM_doc
I
ATTACMK 1 1 150
J
Current O*nq1/AppliEant2 I Agent
Name:
, go h
Complete Mailing
Address:
18 01 17 9* SICIwt
Ve'-0 .4 ri. 3;- 56 n
Phone* (including area
code) i
Z - 2 26 -- 12- Sn
Fax # includin area code
7 1 Z— _ 1 R -X-
E -Mail: 1
E-Mail:
S re h a., s C,,o
Contact Persdn:
fI - 6'n- '
Signature of Owner or Agent:
Please attach the following items to this application. Do not ignore any of the following items. Indicate
"N/A" if an item is not applicable.
I . What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub-
element,ipage number, and if applicable, the objective and policy number(s).
2. What is the exact language proposed to be added and/or deleted from the plan?
3. What is the purpose of the request?
4. What is the justification for the request?
5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and
policies of the comprehensive plan.
6. Provide an analysis of the proposed amendment's impact on public facilities and services.
7. Provide I analysis of the proposed amendment's environmental impacts.
8. Provide a,check, money order or cash in the amount of $2,600.00 made payable to Indian River
County.
THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-
RANGE
ONGRANGE PLANNING SECTION STAFF PRIOR TO APPLYING.
F - Community Development\Users\VICKI STORMSICPTAAMENDMENIFORM_doc
I
ATTACMK 1 1 150
Mr. Sweeney recommended that the Commission grant preliminary plat approval
for the Arcadia subdivision subject to the conditions outlined in the,/staffs report, which
is on file in the of e, of the Board of County Commissioners. X
!Chuck Mechling, epresenting Arcadia, advised t this proposal reduces the
number of lots in the sub `ision from the original pr osal, and will create a buffer
between this property and the�Sanctuary. The site h the same RS -3 zoning making it
consistent with the density of adjacent properties.
Dr. Day asked about ma\ nance f the wetland reservation area being
transferred p g
ed to the homeowner's associ io HOA). Mr. Mechlingstated that there will be
specific covenants recorded in the HO ocuments for the community that will outline
how the wetlands will be maintained. he ea will also be monitored as part of the St.
Johns ; Water District and by the sidents ' the community. The maintenance will
include the removal and control exotic plant especially the control of cattails which
is invasive to the area.
Public comment wa§/closed at approximately 7.-K p.m.
ON MOT N BY Dr. Day, SECONDED BY IVIS. Caldarone,
the me, voted unanimously (5-0) to approve staff
reco mendations as outlined above on this Quasi -
Ju cial matter.
PubliclHearing
A. An Ordinance of Indian River County, amending the text of Policy
Y Florida, 9 Y
5.7 of the potable water sub -element and Policy 5.8 of the sanitary sewer
j sub -element of the County's comprehensive plan; and providing
codification, severability and effective date. [Legislative]
Sasan Rohani, Chief, Long -Range Planning, explained the process and timeline
of amending the water and sewer sub -elements of the comprehensive plan. Mr. Rohani
advised that the requested amendments are to add places of worship and
camps/retreats to the list of exceptions to connection policies. The change was first
requested to provide Epic Missions a retreat center and adjacent church properties with
access] to water and sewer service. As proposed, there would be very specific
stipulations on when water and sewer service can be provided outside of the Urban
Service Area including no increase in density and the applicant must pay for all costs of
connection to services. Additional stipulations for connection outside of the Urban
Service Area include, clustered development, public facilities such as schools,
agricultural businesses, private well contamination and must exist within 500 feet of a
looped main line. Mr. Rohani added that the delineation of the Urban Service Area
boundary is important to allow for appropriate infrastructure and development. Allowing
places of worship and camp/retreat uses would be the beginning of the process, as
individual petitioners would still have to meet requirements to assure that the utility
I
PZC/Approved 3 December 10, 2015
C.\Users\sasan\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\OONXQFV5\121015 Minutes.docx "MrNT
151
service has sufficient capacity available, that it the cost of the project would be feasible
and that the extension would meet Utility Services specifications. When the proposal
was conceptually considered by the Board of County Commissioners (BCC) in October,
2015, it was determined that there was an oversight in not including places of worship
and camps/retreats in the outlined uses that could allow for the expansion of the Urban
Service Area. Mr. Rohani recommended approval of amendments to Policy 5.7 and
Policy 5.8 to add places of worship and camps/retreats as exceptions to the connection
policies. .
Chairman Polackwich inquired about the uses being defined in the land use
regulations. Mr. Rohani and Mr. Boling stated that places of worship are defined, but
camps/retreats are not specifically defined, but are characterized in regulations.
Chairman Polackwich and other members of the Commission expressed concern
that adding these two uses would set a precedent for other uses to be added to the list
of exceptions such as day care facilities. Chairman Polackwick stated that the
amendments should not be allowed just for the specific use of the Epic Mission petition.
Mr. Rohani stated that although the changes were requested because of the Epic
Mission petition, it was not specifically for that use, but was an example of an oversight
that the BCC identified because of the Epic Mission's case.
i
Mr. Boling advised that the proposed amendment language as outlined in the
Staff Report under Appendix A (a copy of which is available at the Board of County
Commissioners Office), is narrowed to include only the two categories being discussed.
Debra Ecker, representing the Indian River Neighborhood Association (IRNA),
stated that the IRNA has supported the comprehensive plan and the Urban Service
Area boundary which originated in 1990. She stated that this proposal to change Policy
5.7 and Policy 5.8 to add additional exception uses is destructive to the plan and could
make it difficult for the Planning and Zoning Commission or the Board of County
Commissioners to deny -any future requests to change the Urban Service Area
boundary and could begin the erosion of the policy. Ms. Ecker suggested that the
Planning department research whether this neighborhood would be an appropriate
place to provide for increased density and make an amendment to include the entire
area in the Urban Service Area rather than just putting forth an amendment to policies
for the exception for the two specific uses. She stated that the IRNA would request
denial of this request.
(Dale Dunayczan of 1125 38th Court, Vero Beach, speaking on behalf of
Cornerstone Christian Church, appealed to the Committee on the need to provide for
water for the three properties located % mile from the Urban Service Area boundary. He
stated that the three property owners are willing to pay for the water connections. He
stated that the properties are located between two major north/south roadways (66th
and 58th Streets) and have trouble getting water. Mr. Dunayczan suggested that it may
be more appropriate to change the Urban Service Area boundary as this is a potential
growth 'area
° PZC/A roved 4 December 10 2015
PP ,
C \Users\sasan\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\OONXQFV5\121015 Minutes docx
152
9.
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Authkrized staff to purchase four (4) new traffic counters and trade-in four
(4) old raffic counters.
Memoran m of Lease Extension and Second Amendment to Le Agreement
for Winter ach Tower at 3925 65`x' Street
(memorandu dated January_ 13, 2016)_ __________ ________________ _ 176:185
- - - - ---------------------------
(1) Approved\th
horized the Chairman to execute a Memorandum to
Lease ExtensiSecond Amendment for the inter Beach Tower at
3925 65"' Streeith CCATT LLC, aka Crow Castle; and (2) approved
and authorizeChairman to execute a additional original Lease
Extension andAmendment on behalf the Board.
N. Interlocal Agreement A ong IndtMorce
RV,6r, Martin, and St. Lucie Counties
Establishing the Treasure oast Consortium and the Workforce
Development Board of the Tr sure C ast
(memorandum dated January- 2 _61__________ 1.86-193 _
------------------------- - -- -- -------------------------------------------------
Chairman Solari voiced his op ition on this item.
ON MOTION by Comm' ioner 'Bryan, SECONDED by Commissioner
Zorc, by a 4-1 vote (Cairman So ri opposed), the Board approved and
authorized the Chair an to execut the "Interlocal Agreement Among
Indian River, Mar ' , and St. Lucie ounties Establishing the Treasure
Coast Workforce onsortium and the rkforce Development Board of the
Treasure Coast'
O. Approval o Resolution Establishing Fair Ma et Rental Rates for Housing
Choice V cher Program
(memor dum dated January 13, 2016 194-197
Appr ved Resolution 2016-009, approving paymen standards for fiscal year
20 for the Housing Choice Voucher Program.
N
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
9:58 1. County Initiated Request to Amend the Text of the Potable Water
a.m. and Sanitary Sewer Sub -elements of the County's Comprehensive
Plan
(memorandum dated January 8, 2016) ................ _________________________ 198-219
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Board of County Commission Minutes
January 19, 2016 Page 5
AMCHMENT q
154
ICarter Taylor of 2235 Silver Sand spoke on behalf of the Indian River
Neighborhood Association (IRNA), spoke on the need to amend the comprehensive
plan related to septic tanks, especially related to those that were constructed prior to
1983 aind retrofitting failing septic systems.
I
Having no other individuals wishing to testify, Chairman Polackwich closed the
hearing at approximately 7:50 p.m. for discussion purposes.
Chairman Polackwich stated that he was against the proposal to amend Policies
5.7 and 5.8 to allow for the exceptions for places of worship and camps/retreats
because it is for a specific property that is adjacent to an agricultural use and granting a
policy because of special circumstances related to a specific property would open the
door to any type of use for any reason coming in and requesting an exception to the
connection policy.
Mr. Boling suggested that the Committee could make an amendment to add
different categories or recommend other amendments to the proposal.
1
Ms. Caldarone stated that the uses need to be better defined.
Chairman Polackwich suggested that the Committee move to not recommend
adoption of this proposed amendment to Policies 5.7 and 5.8 to allow exceptions for
places 11of worship and camps/retreats as it could provide an opportunity for other
assembly uses to come in for exceptions and that consequence needs to be reviewed.
ON MOTION BY Dr. Day, SECONDED BY Chairman
Polackwich, the members voted unanimously (5-0) to
DENY staff recommendations as outlined above on this
matter.
i
There were none.
i
Planning Matters �
Mr. Boling reviewed the Planning formation Packet which is on file in the Board
of County Commission office�He noted tha he Board of County Commissioners had
approved Alfred and Betty�Sammartino's req es
rezone +/- 1.98 acres located at the
southeast corner
If
Dixie Highway SW and- h treet SW, from CH (Heavy
Commercial) to W(General Commercial). (RZON-2004050297-75451)
PZC/Approved 5 December 10, 2015
C:\Users\sasan\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Coritent.Outlook\OONXQFV5\121015 Minutes.docx
153
Community Development Director Stan Boling, through a
PowerPoint presentation, provided background and outlined
the County initiated proposed amendment to the text of Policy
5.7 Potable Water, and Policy 5.8 Sanitary Sewer Sub -element
of the Comprehensive Plan, which would allow properties that
lie outside the Urban Service Area (USA) to be connected to
centralized water and sewer service under certain conditions.
He stated that the Planning and Zoning Commission (P&Z) had
voted 5-0 recommending the Board of County Commissioners to
deny the proposed amendment. He recommended approval of
the Amendment for transmittal to reviewing agencies by
adopting the Resolution.
Discussion ensued between the Board and staff.
The Chairman opened the Public Hearing.
Deborah Ecker, 550 Riomar Drive, on behalf of the Indian
River Neighborhood Association (IRNA), read opposing
statements to staffs proposed exemptions to the prohibition of
providing water and sewer outside of the USA.
Bob Johnson, Coral Wind Subdivision, questioned P&Z's vote
of 5-0, and wondered why it was not a 7-0 vote. He did not feel
the members of the committee were properly representing the
County's position on the aspects of their responsibilities.
Chairman Solari requested staff to check over the next month
and report back to the Board on whether there appears to be
chronic absences.
Dr. David Cox, 9495 Periwinkle Drive, representing the Pelican
Island Audubon Society, opposed staffs proposal to amend
Policies 5.7 and 5.8.
Herbert Whittall, 19 Park Avenue, representing the IRNA,
requested the Board move forward with putting in sewers for
the 30,000 units on septic tanks before considering work outside
of the USA.
There being no additional speakers, the Chairman closed the
Public Hearing.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Solari, to deny staffs
recommendation, and not amend the Comprehensive Plan.
Board of County Commission Minutes
January 19, 2016Page 6
1 ATIACNMENT 4
155
11:10
a.m.
County Attorney Dylan Reingold addressed concerns regarding
the changes to the Comprehensive Plan.
The Chairman CALLED THE QUESTION, by a vote of 2-3
(Commissioners Davis, Flescher, and Zorc opposed), the
MOTION FAILED.
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Davis, by a 3-2 vote (Commissioners O'Bryan
and Solari opposed), the Board approved Resolution 2016-010,
approving the transmittal of a proposed Indian River County
Comprehensive Plan Teat Amendment to State and Regional
review agencies.
There was a brief discussion regarding the Comprehensive Plan
amendment process, and this matter coming back to the Board
for the possibility of repealing the Comprehensive Plan changes.
The Cha' an called for a break at 11:00 a.m., nd reconvened
the meeting t 11:10 a.m., with all members pr�nt.
2. Amendment to Section 100.03 "Ar
Ordinances" of C ter 100 "General I
Indian River County, Codifying and Pu
Readopt the Code up t8send including Su
(memorandum dated Dec ber 29, 201
Legislative
rxfent or Repeal of
;ions" of the Code of
ing the Ordinances to
nent 113
20-223
------------------------------------- - 2---------=-
PROOF OF PUBLICATI O ADVERTISEMENT FOR
HEARING IS ON FILE IN TH F ICE OF THE CLERK TO THE
BOARD
Attorney Reingold requeste the oard adopt the proposed
ordinance to codify and pub sh the __m.
r mances published in The
Code of Indian River Con , up to an\including Supplement
113.
The Chairman opened the Public Heere being no
speakers, the Chairma closed the Publi
ON MOTION byommissioner O'Bryan, SEC DED by
Chairman Solari, a Board unanimously adopted O finance
2016-001, amendi g Section 100.03 "Amendment or Re%alOrdinances" of hapter 100 "General Provisions" of Thof Indian River ounty ("The Code"), codifying and pub
the ordinance up to and including Supplement 113 thereto,
readopting t ordinance/
code, designating The Code as the best evidence
of the current law of Indian River County, Florida, and
Board of County Commission Minutes
January 19, 2016 Page 7
{ "CHAFNT 4
156
Appendix A
Potable Water Sub -Element Policy 5.7
I
POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan,
centralized water service shall be limited to the following areas:
• I Areas within the Urban Service Area;
• Areas where the county has legal commitments to provide facilities and services as of
the date of adoption of this plan;
Areas outside the Urban Service Area where at least a portion of the site is contiguous
to an Urban Service Area boundary as depicted on the Official Future Land Use Map
or, where located no more than 500 feet from an existing centralized potable water
main distribution line that is part of a looped system, or where an approved place of
worship or camp/retreat use existed on January 1 2016 and is approved for water
and/or sewer service by Utility Services in conjunction with a utility
construction/connection permit filed with Utility Services on or before June 30 2016
Thi se areas are subject to the following provisions:
O The maximum density of such land shall be as shown on the Official Future
i Land Use Map, and the provision of centralized potable water service shall not
be justification for an increase in maximum density;
O Any and all costs associated with connecting a property to the potable water
system and providing for adequate fire protection, including costs associated
with survey, design, permitting, line extensions, construction, restoration,
inspections, and certifications, shall be borne by the owner of the property.
Development projects located outside of the Urban Service Area that meet the criteria
of the policies of the Future Land Use Element for:
O clustering of residential development within agricultural areas;
O clustering of residential development within privately owned upland
conservation areas;
O clustering development within mixed use districts; or
O traditional neighborhood design communities.
O public facilities such as public schools.
O agricultural businesses and industries (including biofuel plants)
Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of
private well contamination is determined to be unacceptably high.
Bold Underline: Additions to Ordinance
StFike threu& Deleted Text from Existing Ordinance 157
FACommunity Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5.7 and SS policy 5.8\POLICY 5.7 underline and strike-thru potable water sub-element-2015.doc
Appendix A
Sanitary Sewer Sub -Element Policy 5.8
POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan,
provision of centralized sanitary sewer service shall be limited to the following areas:
•I Areas within the Urban Service Area;
•i Areas where the county has legal commitments to provide facilities and services as of the
' date of adoption of this plan;
• Areas outside the Urban Service Area where at least a portion of the site is contiguous to
an Urban Service Area boundary as depicted on the Official Future Land Use Map or,
where located no more than 500 feet from an existing sanitary sewer line that is part of the
1 county sanitary sewer system, or where an approved place of worship or camp/retreat use
existed on January 1, 2016 and is approved for water and/or sewer service by Utility
Services in conjunction with a utility construction/connection permit filed with Utility
Services on or before June 30, 2016.
These areas are subject to the following provisions:
o The maximum density of such land shall be as shown on the Future Land Use
Map, and the provision of centralized sanitary sewer service shall not be
justification for an increase in maximum density;
o Any and all costs associated with connecting a property to the sanitary sewer
system, including costs associated with survey, design, permitting, line
extensions, construction, pumps and lift stations, restoration, inspections, and
certifications, shall be borne by the owner of the property.
Development projects located outside of the Urban Service Area that meet the criteria of
;the policies of the Future Land Use Element for:
o clustering of residential development within agricultural;
o clustering of residential development within privately owned upland
conservation areas;
o clustered development within mixed use districts;
o traditional neighborhood design communities;
o public facilities such as public schools; and
o agricultural businesses and industries (including biofuel facilities)
Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of
centralized sanitary sewer service is determined to be a public health threat.
ATTACHMENT 5
Bold Underline: Additions to Ordinance
Strike dhreughi Deleted Text from Existing Ordinance isg
I'Vommunity Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5.7 and SS policy 5.8\POLICY 5.8 underline and strike-thru sanitary sewer ax
b-element.d
Existing Place of Assembly Facilities Outside Urban Service Area and their Connection Status
(January 2016)
ID USE -
NAME---
-- ADDRESS ` -
Properties -a rea y
connected to water
` --and/or sewer
1 Child.and"AdulECare.Facilities.
RCMA Children's,'Hoose' _
"" 7625'85TH ST`
Yes
',2 Child'and Aduft'Care-Fadlities
Maitland Farms Preschool Inc
5990 5TH ST SW
Yes water only)
3 Places ofMorship
Cornerstone Christian Church
5950 12TH ST
4 Places of'Worshi ' St•.John of•the Cross Catholic Church
7550 26TH ST.
Yes
5 Place&of.Worshi '
Immanuel -Ba tist:Church
455.58TH.AV SW
Yes
6 Places of Worship
First Church "of .God
1105 58TH AV
Yes
- ' •
7 Places of Worship.[and
a esi e Fellowship BaFl7rhu7m
Preschool
8000 66TH AV
Yes fire rotection onl8
Grou Homes
13Cultural and Civic Facilities
een Challenge
The Club At Pointe West
': 801 154TH. AV
1750U4TH LN
"rOver'7pmiles from line
Yes
Yes
Yes
Yes
Yes
14 Cultural and Civic Facilities
North CountyAquatics Center
9450 COUNTY ROAD 512
Yes
15 Cultural and Civic Facilities
Quail Valle Golf Club
6545 PINNACLE DR
Over.1:.5
16 Cultural Cultural and Civic Facilities
Humane Society6230
77TH ST
Yes
17 Dude;Ranch :° ; „ Carefree Ranch ... ;-..:,,. ':, 7290 53rd ST
"_.
Over 1.5:'miles frbrn line',
,1,8 Retreats and Camps s,.'",,
L'rfe For,,Youth.:Camo 1416 82ND,AV'•.' ,>
Yes
,191R andCain ti"
Epic'Missions6025 :
12TH
20 Commercial Hunting and Fishing
• •'
Middleton's Fish Camp
21704 73RD MNR
es sewer only oo ar
west for water)
Notes:
" 15 of 20 facilities are connected and meet existing policy exemptions
" 2 of 20 facilities (Cornerstone Church and Epic Missions) will be allowed to connect if proposed policy amendment is adopted
" 3 of 20 remaining facilities are over 1.5 miles from water/sewer lines
R7.1
0
i
o AVE* Places of Assembly Outside
oy
the Urban Service Area
�ox►o� * Ind►a►► River County _—'°-------' /�
Cotmnutnty Dcvclopmcnt A • r ` `y Al-
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AIIA
507 >" w`
0 1 2 4Miles
21
aid
. _.,
512 e 14
If 510
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1
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Legend171
-_
® Places of Assembly
irl�iM
QUrban Service Area �• ' 4r
Municipal Boundaries I I} t I i°
Docul= t Path: U:\Projects\CommunityDevelopment\2015_1215_PlacesOfAssembly\2016 0105_Map_PlacesOfAssembly_8x11.mxd
Scott - Cissy Proctor
OR _ R y EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT -f
ECONOMIC OPPORTUNrTY
February 19, 2016 FEB ) 2 2016
BOARD 017C, .
COM N I :
Thm-9norabledBobr-Solari
Chairman, Indian River County
Indian River County Administration Complex
1801,27 1h Street, Building A
Vero Beach, Florida 32960-3388
Dear Chairman Solari:
I The Department of Economic Opportunity has completed its review of the proposed
comprehensive plan amendment for the Indian River County, Amendment No. 16-1ESR
(ResolIution No. 2016-010), which was received on January 21, 2016. We have reviewed the
proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F S.), and
identified no comments related to important state resources and facilities within the
Department's authorized scope of review that will be adversely impacted by the amendment if
adopted.
Pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to
provide comments directly to Indian River County. If other reviewing agencies provide
comments, we recommend Indian River County consider appropriate changes to the
amendment based on those comments. If unresolved, such reviewing agency comments could
form the basis for a challenge to the amendment after adoption.
.The County should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the
secondl public hearing is not held within 180 days of your receipt of agency comments, the
amendment shall be deemed withdrawn unless extended by agreement with notice to the
gepart�qent and any affected party that provided comment on the amendment. For your
-assistance, we have enclosed the procedures for adoption and transmittal of the
A&in,si::,:,JA.mprehensive plan amendment.
-Warnel
<a•r •�,�riic ?l.o . � 1
a—FtUelda Department of Econornic Opportunity I Caldwell Building 1 107 E Madison Street I Tallahassee, FL 32399
— 866.FLA.2345 1850.245 7105 1 850.921.3223 Fax
www.floridaiobs.ore I vwwAnvitter.ganjR.DFO I www.facebook.com/FLOEO
An equatopportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice
, telephooq numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711
KTACHMFNT 7 161
Honorable Bob Solari
February 19, 2016
Page 2 of 2
If you have any questions concerning this review, please contact Dan Pennington, at
(850) 717-8524, or by email at dan pennin ton@cleo.myflorida com.
I
1
i
Sincerely,
Tayloreepell, Director
Division of Community Development
I
TT/d p
Enclosi ure: Procedures for adoption of comprehensive plan amendments
cc: Sa'San Rohani, AICP, Chief, Long-range Planning, Indian River County
Michael J. Busha, Executive Director, Treasure Coast Regional Planning Council
I
1 11V
TACHIWtyr 7 162
ORDINANCE NO. 2016 -
AN I ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT
OF POLICY 5.7 OF THE POTABLE WATER SUB -ELEMENT AND POLICY 5.8 OF THE
SANITARY SEWER SUB -ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN;
AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive
Plan on February 13, 1990; and
WHEREAS, the County received Comprehensive Plan amendment applications during its October
2015 amendment submittal window; and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on December 10, 2015, after due public notice; and
WHEREAS, the Local Planning Agency made a recommendation to the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
Hearing on January 19, 2016 after due public notice, and
I
WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan
amendment to State and Regional review agencies; and
WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its
intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and
I
WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review
agencies; and
WHEREAS, State and Regional review agencies had no objections to this amendment; and
I
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan
Amendment Adoption Public Hearing on April 5, 2016, after due public notice.
I
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida, that:
SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal
The amendment to the Indian River County Comprehensive Plan identified in Section 2
is,hereby adopted, and the Board of County Commissioners directs staff to transmit the adopted
amendment to State and Regional review agencies.
1
i� IIit,HMENa J 8 163
ORDINANCE NO. 2016-
ECTION 2. Amendment to the Comprehensive Plan
REVISIONS TO THE TEXT OF POLICY 5.7 OF THE POTABLE WATER SUB -
ELEMENT AND POLICY 5.8 OF THE SANITARY SEWER SUB -ELEMENT OF THE
COUNTY'S COMPREHENSIVE PLAN AS SHOWN IN THE APPENDIX A.
SECTION 3. Repeal of Conflicting Provisions
All previous ordinances, resolutions, or motions of the Board of County Commissioners
of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 4. Severability
It is declared to be the intent of the Board of County Commissioners that, if any provision
of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for
any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such
provision shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining provisions.
SECTION 5. Effective Date
The effective date of this ordinance and, therefore, this plan amendment shall be 31 days
after the State Land Planning Agency determines that the amendment package is complete, unless
a petition is filed by an affected party.
This ordinance was advertised in the Press -Journal on the 21" day of March 2016, for a
public hearing to be held on the 5`h day of April 2016, at which time it was moved for adoption
by Commissioner seconded by Commissioner
I
nd adopted by the following vote:
Bob Solari, Chairman
Joseph E. Flescher, Vice Chairman
Wesley S. Davis, Commissioner
Tim Zorc, Commissioner
Peter D. O'Bryan, Commissioner
` BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
I1W
Bob Solari, Chairman
2
164
ORDINANCE NO. 2016 -
ATTEST BY:
Jeffrey R. Smith, Clerk of Court and Comptroller
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
1
Dylan R� ingold, County Attorney
AS TO PLANNING MATTERS
Stan Boling, AICD; Community Development Director
FXommunity Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5 7 and SS policy 5.8\Resoultion &
Ordinances\Ordinance Comp Plan Text Amendment Adoption 2016.doc
3
165
Appendix A
Potable Water Sub -Element Policy 5.7
POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan,
centralized water service shall be limited to the following areas:
Areas within the Urban Service Area;
Areas where the county has legal commitments to provide facilities and services as of
the date of adoption of this plan;
• Areas outside the Urban Service Area where at least a portion of the site is contiguous
to an Urban Service Area boundary as depicted on the Official Future Land Use Map
or, where located no more than 500 feet from an existing centralized potable water
main distribution line that is part of a looped system, or where an approved place of
worship or camp/retreat use existed on January 1, 2016 and is approved for water
and/or sewer service by Utility Services in conjunction with a utility
construction/connection permit filed with Utility Services on or before June 30, 2016.
These areas are subject to the following provisions:
O The maximum density of such land shall be as shown on the Official Future
Land Use Map, and the provision of centralized potable water service shall not
be justification for an increase in maximum density;
O Any and all costs associated with connecting a property to the potable water
system and providing_ for adequate fire protection, including costs associated
with survey, design, permitting, line extensions, construction, restoration,
inspections, and certifications, shall be borne by the owner of the property.
Development projects located outside of the Urban Service Area that meet the criteria
of the policies of the Future Land Use Element for:
O clustering of residential development within agricultural areas;
O clustering of residential development within privately owned upland
conservation areas;
O clustering development within mixed use districts; or
O traditional neighborhood design communities.
O public facilities such as public schools.
O agricultural businesses and industries (including biof tel plants)
Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of
private well contamination is determined to be unacceptably high.
Bold Underline: (Additions to Ordinance
Deleted Text from Existing Ordinance 166
FACommunity Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5.7 and SS policy 5.8\POLICY 5.7 underline and strike-thru potable water sub-element-2015.doc
Appendix A
Sanitary Sewer Sub -Element Policy 5.8
POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan,
provision of centralized sanitary sewer service shall be limited to the following areas:
I
Areas within the Urban Service Area;
Areas where the county has legal commitments to provide facilities and services as of the
date of adoption of this plan;
Areas outside the Urban Service Area where at least a portion of the site is contiguous to
an Urban Service Area boundary as depicted on the Official Future Land Use Map or,
where located no more than 500 feet from an existing sanitary sewer line that is part of the
county sanitary sewer systems or where an approved place of worship or camp/retreat use
existed on January 1, 2016 and is approved for water and/or sewer service by Utility
Services in conjunction with a utility construction/connection permit filed with Utility
Services on or before June 30, 2016.
These areas are subject to the following provisions:
o The maximum density of such land shall be as shown on the Future Land Use
Map, and the provision of centralized sanitary sewer service shall not be
justification for an increase in maximum density;
o Any and all costs associated with connecting a property to the sanitary sewer
system, including costs associated with survey, design, permitting, line
extensions, construction, pumps and lift stations, restoration, inspections, and
certifications, shall be borne by the owner of the property.
• IDevelopment projects located outside of the Urban Service Area that meet the criteria of
the policies of the Future Land Use Element for:
o clustering of residential development within agricultural;
o clustering of residential development within privately owned upland
conservation areas;
o clustered development within mixed use districts;
o traditional neighborhood design communities;
o public facilities such as public schools; and
o agricultural businesses and industries (including biofuel facilities)
• Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of
centralized sanitary sewer service is determined to be a public health threat.
Bold Underline. lAdditions to Ordinance
SI+ke-t#eng#► Deleted Text from Existing Ordinance 167
F'\Community Developinem\Comprehensive Plan Text Amendments\October 2015, PW policy 5.7 and SS policy 5.8\POLICY 5.8 underline and strike-thru sanitary sewer sub-element.doc
B9ard_.
Commissioners
Apri15, 2016
(Final Public Hearing)
Comprehensive Plan Text
Amendment
Potable Water Policy 5.7
- -F
Sanitary Sewer Policy .5.8
7
Application Submitted to Community Development
Department
l
Public Hearing before Planning And Zoning
Commission
Transmittal public hearing before Board of County
Commissioners
Application transmitted to State and Regional Review
Agencies
/C�ua�br
Buiuusld pus -1 OIBIS pus sait)UOBVMOINAOU jsuoi6aH
PUB a}sjS of pe4llwsusa; aas juawpuauas paldopV
a-tlgnd luu splo saauolsslim-tuoj fqunoa o piuo
A3u96y Buiuueld
PUB -1 a;els aqj ol u� �unoa auk ol s}uatutuoa
_ _ aia� puas saiaua�� n�ainag i�uo�ag pug a���s
. On October 13, 2015 in response to property owners
along 12th Street, West of 58th Avenue BCC
considered expanding USA or amending connection
policies
im Staff recommended against both options
. BCC determined that the certain types of uses should
be allowed to connect under certain conditions: One
user already covered by existing exception for
agricultural business
4
S
El
tv ::T-
:IKU4
im Staff Coordinated with 12th Street
owners/potential users
An
Property
As directed by,BCC, staff initiated narrowly
focused connection policy amendment
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On December 12,, 2015 the
PZC voted 5-0 to deny the
request
PZC reasoning.
Opens "door for various
place of assembly uses
outside USA to connect
BCC- Act on -(Tran
January 19, 2016
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amendment by adopting
the attached ordinance
15
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21
List of Places of Assemblies outside USA
Existing Place of Assembly Facilities Outside Urban Service Area and their Connection Status
(January 20161
Notes.
* 15 of 20 facilities are connected and meet existing policy exemptions
* 2 of 20 facilities (Cornerstone Church and Epic Missions) will be allowed to connect if proposed policy amendment is adopted
* 3 of 20 remaining facilities are over 1.5 miles from water/sewer lines
22
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1 Child and Adult Care - Facilities
RCMA Children's House
7625 86TH . ST
Yes
2 Child and Adult Care Facilities
Maitland Farms Preschool Inc
5990 5TH ST SW
Yes (water only)
3lPlaces of Worship
Cornerstone Christian Church
59 D� IT
50 12TH ST 77177 2 VFE WNIF-415-ITKOK"
4 PlacesofWorship
St John of the Cross Catholic Church
7650 26tH ST
Yes
5 Places of Worship
Immanuel Baptist Church
455 58TH AV SW
Yes
6 Places of Worship
First Church of God
1105 58TH AV
Yes
Lakeside Fellowship Baptist Church and
7 Places of Worship
lPreschool
18000 66TH AV
Yes(fire protection only)
I. 8lGroun Homes'
1801 154TH AV
ve
-,ver 7, miles from, line
d—
9 Educational Centers
Master's Academy
1105 58TH AVYes
10 Educational Centers
Treasure Coast Elementary School
8955 85TH STYes
11 Educational Centers
Storm Grove Middle School
6400 57TH STYes
12 Educational Centers
Liberty Magnet School
6850 81ST STYes
............ .. . . .... .... ... ....... ...
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62
9450nt ,CO ON1,YdROAV5 Z-.-..�,
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Humane
Yes
1.7 DudejRanch
Carefree. Ranch :7290,53rd.ST
.Over 1.5 milesfrorn line
�_8 Retreats and 0
Life C_
– amp
141682ND AV
Yes
[-1.6 Retreatsirid"carn–p-s'- Epi,c--, M-iss–ions �_60,25_12TH ST 7 77T!"_
90 Cnmminrrial:Huriting and Fishing
Middleton's Fish Camp
2,1704 73RD MNR i
Yes sewer only (too far west for water)
Notes.
* 15 of 20 facilities are connected and meet existing policy exemptions
* 2 of 20 facilities (Cornerstone Church and Epic Missions) will be allowed to connect if proposed policy amendment is adopted
* 3 of 20 remaining facilities are over 1.5 miles from water/sewer lines
22
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Study Area #1
Estimated Parcels - 60
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served by existing
sanitary sewer
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Indian River Press Journal
State of Florida
County of Indian River
Before the undersigned authority appeared Kimberly Piston
who on oath says the he/she is Account Manager
at the INDIAN RIVER PRESS JOURNAL, a daily newspaper
published at Vero Beach in I ian River County, Florida, that an advertisement, for
measuring column inches,
was published in the INDIAN RI E KESS JOURNAL
(-,4) personal ly known to me
( )who has produced as identification
Sworn to and subscribed before me this
,3 day of A )+6644— A.D. ,,�>U IL
i
i
Notary Public
CATHERINE POUCARE
_.. .__ MY COMMISSION #1 FF 028015
EXPIRES: September 25, 2017
Bonded Thru Notary Public Underw�itere
lb 17 �u
M
n � 'BEFOREYTHE .ROAR® OF
COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
NOTICE OF COMPREHENSIVE PLAN
'EXT AMENDMENT
FINAL PUBLIC HEARING
The Board of County Commissioners of Indian River County,
Florida, will consider adoption of an amendment to the text of the
comprehensive plan. A public hearing, at which parties in interest and
citizens shall have an opportunity to be heard, will be held on Tuesday,
April, 5, 2016, at 9:00 a.m. in the County Commission Chambers of
County Administration Building A, located at 1801 27th Street, Vero
Beach, Florida. The proposed amendment is included in proposed
ordinance entitled:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA.
AMENDING THE TEXT OF THE POLICY 5.7 OF THE
POTABLE WATER SUB -ELEMENT AND THE POLICY 5.8 OF
THE SANITARY SEWER SUB -ELEMENT OF THE COUNTY'S
COMPREHENSIVE PLAN: AND PROVIDING CODIFICATION,
SEVERABILITY AND EFFECTIVE DATE.
(Legislative
The plan amendment application may be inspected by the public
at the Community Development Department in County Administration
-Building A, located at 180127 1h Street, Vero Beach, Florida, between the
hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information,
contact Long Range Planning Section at (772) 226-1250.
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 is based.
Anyone who needs a special accommodation for this meeting must
contact the county's Americans with Disabilities Act Coordinator at
(772) 226-1223, at least 48 hours in advance of the meeting.
Indian River County
Board of County ;
Commissioners
By: -s- Bob Solari, Chairman
167�23
INDIAN RIVER COUNTY, FLORIDA
j MEMORANDUM
/a A �'
TO: I Joseph A. Baird, County Administrator
DEPARTMENT HEAD CONCURRENCE
Stan Boling, I ; Community Development Director
THR
OUGH: Sasan Rohani, AICP; Chief, Long -Range Planning
FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planningl_� .
DATE: March 30, 2016
RE: Continued Public Hearing for MPM Seven, LP Request to Rezone ±12.39 Acres
from CL to CH and Request to Rezone ±2.79 Acres from RMH-6 to CL (Appeal of
Planning and Zoning Commission Denial)
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its regular meeting of April 5, 2016.
DESCRIPTION AND CONDITIONS
On March 1, 2016, at an advertised public hearing, the Board of County Commissioners (BCC)
considered an appeal of a Planning and Zoning Commission denial from MPM Seven, LP and an
associated request to rezone ±12.39 acres from CL to CH and to rezone ±2.79 acres from RMH-6
to CL (see attachment 1). At that meeting, after staff's presentation and remarks from the applicant,
nearby pioperty owners, residents, and the owner of the adjacent mobile home park expressed their
opposition to the request, citing concerns of potential impacts uses in the CH zoning district could
have on them, the area, and their properties.
At the March 1 meeting the applicant expressed a willingness to place a voluntary covenant on the
subject property to restrict certain uses. After considerable discussion, the applicant requested that
the public hearing be continued to the April 5, 2016 BCC meeting. The applicant felt that it was
important that he meet with those opposing the rezoning to discuss plans for the properties and to
provide time to review specific potential uses that are and are not acceptable to the opposition. The
applicant also expressed the belief that the details of the voluntary restrictive covenant could be
worked out with area residents and property owners during the public hearing continuance.
168
Based on the applicant's request and representations, the BCC voted 3 to 2 to continue the public
hearing! to a date certain on April 5, 2016 (see attachment 2).
1
Since the March 1, 2016 public hearing, the applicant has:
I
1. Met with interested parties;
2. Reviewed lists of "permitted" uses under the CL and CH zoning districts that were shared
with interested parties;
3. Agreed to most requests from interested parties regarding a list of uses to be prohibited or
allowed on the subject property to be rezoned;
4. Developed voluntary restrictive covenants for the properties limiting the future use of the
proposed CL and CH zoned properties. See attachment 3 for the covenants and use lists.
See attachment 4 for prohibited uses (uses identified by county staff that would have been
allowed if it were not for the restrictive covenants); and
5. Informed staff and interested parties that he will close on the subject property on April 1,
2016 and will then record the voluntary use restrictions that same day (April 1 s�.
The County Attorney's Office has confirmed that the applicant's voluntary declaration of
restrictive covenants cannot be modified, amended or released without approval by the Board of
County iCommissioners, have been properly executed, and will become binding upon recording
consistent with the restrictive covenants requirements. Once recorded, the restrictions could be
changed only by approval of the County Commission in writing with "...the affirmative vote of
not less than 80% of the members of the County Commission". Prior to or at the April 5t' hearing,
staff will confirm that the voluntary restrictive covenants have been recorded.
Bill Brehm, owner of the Palm Paradise Mobile Home Park that lies immediately north of the
subject property, along with his attorney Warren Dill, have been interested participants that
provided input to the applicant regarding the voluntary restrictions. It is staff's understanding from
Mr. Dill and the applicant's attorney, Bruce Barkett, that the applicant and Palm Paradise mobile
home park have agreed to the voluntary restrictions with one exception: allowing a "Machine
Shops" use on the portion of the subject property proposed to be rezoned from CL to CH. The
"Machine Shops" use category, according to the North American Industry Classification System
which is the basis for the Chapter 911 (Zoning) use categories, involves "...shops primarily
engaged{ in machining metal and plastic parts and parts of other composite materials on a job or
order basis. Generally machine shop jobs are low volume using machine tools, such as lathes
(including computer numerically controlled); automatic screw machines; and machines for boring,
grinding, and milling" (see attachment 5).
Mr. Barkett indicates that his client did not agree to prohibit machine shops on the portion of the
subject property proposed to be rezoned to CH partly because the proposed development will be
used by rare and classic car owners who may have a need to fabricate custom parts for their cars.
Mr. Dill indicates that all industrial use categories, including "Machine Shops", were to be
prohibited. Because "Machine Shops" were not prohibited by the voluntary restrictions, Mr. Dill
indicates that he and his client, Mr. Brehm, will be objecting to the rezoning.
Staff s original report and analysis prepared for the March 1, 2016 hearing are unchanged and are
attached for reference.
2
169
I
RECOMMENDATION
Based on the analysis, staff recommends that the Board of County Commissioners re -open the
public hearing and approve the rezoning of the subject properties by adopting the attached
ordinance.
ATTACHMENTS
1. !Staff report for the March 1, 2016 Board of County Commissioners hearing
2. UNAPPROVED March 1, 2016 Board of County Commissioners Meeting Minutes
3. Applicant's voluntary declaration of restrictive covenants with allowed use list
4. List of prohibited uses in the proposed CH and CL sites based on the voluntary restrictive
covenants
5. "Machine Shop" description from the 2012 edition of the North American Industrial
Classification System (NAICS)
6. Ordinance
Agenda Item:
For: 5 ING
By:
Indian River Co.
Is
NEW% My
F•\Community Development\Rezonings\MPM Seven, LP\Staff Reports\BCC memo - MPM Seven LP Continuance - April 5 2016 v3.docx
i
3
170
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: I Joseph A. Baird, County Administrator
DEPARTMENT HEAD CONCLgUUNCE
Stan Boling, CP; ommunity Development Director
THROUGH: Sasan Rohani, ; Chief, Long -Range Planning 57 /4/
FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planning
DATE: February 15, 2016
RE: MPM Seven, LP Request to Rezone ±12.39 Acres from CL to CH and Request to
Rezone ±2.79 Acres from RMH-6 to CL (Appeal of Planning and Zoning
Commission Denial)
It is requested that the following information be given formal consideration by the Board of
County Commissioners at its regular meeting of March 1, 2016.
This is an amended request to rezone ±12.39 acres from CL, Limited Commercial District to CH,
Heavy Commercial District and ±2.79 acres from RMH-6 Residential Mobile
Home Distract up
to 6 units/acre to CL, Limited Commercial District The entire property to be rezoned consists of
+15.181 acres. As depicted on the location map below (Figure 1), the subject property is located
east of iOld Dixie Highway, North of 771h Street, and west of US Highway 1. The purpose of this
request is to secure the necessary zoning to develop the subject CL zoned property with uses
permitted in the CH zoning district and the subject RMH-6 zoned property with uses permitted in
the CL 1,zoning district. For the CH zoning district, those uses include storage, warehousing, and
contractor trades uses. For the CL zoning district, those uses include banks, beauty shops,
general and professional offices, and grocery stores,
On January 14, 2016, the Planning and Zoning Commission (PZC) voted 6 - 1 to deny the
applicant's original request to rezone the entire (15.18 acres to CH, Heavy Commercial District.
According to the County's Land Development Regulations, the Planning and Zoning
Commission's denial of a rezoning request is final unless appealed to the BCC within 21 days of
the PZC's decision. On January 22, 2016, 8 days after the PZC's decision, planning staff
received a letter from J. Wesley Mills, agent for the owners/applicants, appealing the Planning
and Toning Commission decision (see attachment 5). Based on concerns raised at the Planning
and Zoning Commission meeting, that appeal letter also included a modification to the original
rezoning request. That modification is to rezone the RMH-6 property to CL rather than the
April 5th BCC Meeting - Attachment 1
171
i
originally requested CH. That modification would result in placing CL rather than CH next to an
existing nonconforming mobile home park to the north.
Ezistine Land Use Pattern
The Isubject area of the county consists of a mixture of residential, commercial, and industrial
uses. As shown below in Figure 1, the subject f 15.18 acre property is vacant and contains trees
and vegetation. Figures 2 and 3 below show that the properties to the south/southeast are zoned
CH, Heavy Commercial and contain trees and vegetation. The property to the north has a non-
conforming RMH-6 (Residential Mobile Home District up to 6 units/acre) zoning and contains a
mobile home park. The park, known as "Palm Paradise Park", is grandfathered in at a density of
13.48 units per acre for 50 mobile homes and 22 RVs (recreational vehicles) and currently has 67
units; occupied (45 mobile homes and 22 RV spots). During the rezoning process staff learned
fromithe now park owner, Bill Brehm, that Palm Paradise was purchased in 2015 and that the
park's water and wastewater infrastructure has been recently upgraded. Palm Paradise Park and
its RMH-6 zoning are non -conforming with respect to that site's C/I (Commercial/Industrial)
land use designation which is shown on Figure 4 below. The area immediately north of Palm
Paradise is zoned CL.
To the west across both Old Dixie Highway and the Florida East Coast Railroad (FEC), property
is zoned IL, Light Industrial; RM -6, Residential Multi -family (up to 6 units per acre); and PD,
Planned Development. Those properties contain single family homes along the north side of 77h
Street, a Waste Management facility (former packing house) just north of the single family
homes, and a golf course. To the southeast, is vacant property. To the east across U.S. Highway
1, properties are zoned CL, Limited Commercial. Properties south of 79h Street are owned by
the Indian River Land Trust for conservation purposes and contain vacant land. A retail store
exists north of 79th Street.
Figure 1
Aerial image of subject property and surrounding uses
172
MRM Seven LP, +/-2.79
Ades RMP -6 to CL
PD
ro
PD
Figure 2
Existing Zoning of Subject Property
JU,4;
Figure 3
Proposed Zoning of Subject Property
'em-Seyen 1 p't-'I-Ii39%
Acres Cl, to Cli
3
173
I
Future Land Use Pattern
I
The 'subject property and surrounding properties to the north, south, and east are designated C/l,
Commercial/Industrial, on the Comprehensive Plan's Future Land Use Map. Properties to the
westiacross Old Dixie Highway are designated C/I and U2, Low Density Residential -2 (up to 6
unitsiacre). The C/I designation permits various commercial and industrial zoning districts. The
nortliern most portion of the subject site is currently zoned RMH-6, a residential district which
does ! not conform to the subject site's C/1 land use designation. The proposed rezoning will
eliminate the non -conforming RMH-6 zoning from the subject site and establish a conforming
district (CL).
Figure 4
Future Land Use Designation of Subject Property
Environment
- ... � TPYIlMP ]D •.
The Comprehensive Plan does not designate the subject property as either environmentally
important or environmentally sensitive. According to Flood Insurance Rating Maps, the subject
property does not contain any flood hazard areas.
Utilities and Services
I
The site lies within the Urban Service Area of the County. Wastewater service is available to the
site from the North County Regional Wastewater Treatment Facility, while potable water service
is available to the site from the North County Reverse Osmosis Plant.
4
174
The 'subject property's west boundary abuts Old Dixie Highway, while the subject property's
east boundary abuts U.S. Highway 1, and the subject property's south boundary abuts 770' Street.
In this area, Old Dixie Highway is a two lane paved road with 66 feet of existing public road
right-of-way and is classified as an Urban Collector on the future roadway thoroughfare plan
map.1 According to the county's comprehensive plan, this segment of Old Dixie Highway needs
100 feet of right-of-way. U.S. Highway 1 is a four lane divided road and is classified as an Urban
Principal Arterial on the future roadway thoroughfare plan map with 120 feet of right-of-way.
According to the county's comprehensive plan, this segment of U.S. Highway 1 needs a total of
between 120 feet and 160 feet of right-of-way for future roadway needs. This segment of 77'
Street is classified in the county's comprehensive plan' as an Urban Collector. It currently has
between 75 feet and 80 feet of right-of-way. For this segment of 77°i Street, the comprehensive
plan !calls for between 80 feet and 100 feet of needed future right -0f --way.
Zoning District Differences
In terms of permitted uses, there are both similarities and differences between the existing CL
district and the proposed CH district (see Attachment 3). The existing RMH-6 zoning district and
the proposed CL district are not similar (see Attachment 4). The respective zoning districts'
purpose statements best illustrate the differences between the zoning districts. These purpose
statements, found in the County's Land Development Regulations (LDRs), are as follows:
CH: Heavy Commercial District. The CH, heavy commercial, district is intended to provide
areas for establishments engaging in wholesale trade, major repair services and restricted light
manufacturing activities. The CH district is further intended to provide support services
necessary for the development of commercial and industrial uses allowed within other
nonresidential zoning districts.
UL: L'in uteri Commercial District. The CL, limited commercial, district is intended to provide
areas ifor the development of restricted commercial activities. The CL district is intended to
accommodate the convenience retail and service needs of area residents, while minimizing the
impact of such activities on any nearby residential areas.
RMH-6: Residential Mobile Home (un to 6 units per acre. The mobile home districts are
established to implement the policies of the Indian River County Comprehensive Plan for
managing land designated for residential use, providing opportunities for developing mobile
home subdivisions and ensuring adequate public facilities to meet the needs of residents. These
districts are also intended to implement the county's housing policies by providing opportunity
for a varied and diverse housing supply.
ANALYSIS
In this section, an analysis of the reasonableness of the rezoning request will be presented.
Specifically, this section will include an analysis of the request's:
. Impact on public facilities;
175
Consistency with the county's comprehensive plan;
Compatibility with the surrounding area; and
•. Potential impact on environmental quality.
et
The 'subject property is located within the Urban Service Area, an area deemed suited for urban
scale development. Within the Urban Service Area, the comprehensive plan establishes
standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater
Management, and Recreation (Future Land Use Policy 3.1). Adequate provision of those
services is necessary to ensure the continued quality of life enjoyed by the community. To
ensure that the minimum acceptable standards for those services and facilities are maintained, the
comprehensive plan requires that new development be reviewed for a concurrency
determination. For rezoning requests, that review is undertaken as part of the conditional
concurrency determination application process.
Pursuant to section 910.07 of the County's Land Development Regulations (LDRs), conditional
concurrency review examines the available capacity of each facility with respect to a proposed
project. Since rezoning requests are not projects, county regulations call for the concurrency
review to be based upon the most intense use of the subject property based upon the requested
rezoning district.
For commercial rezoning requests, the most intense use of a property varies with the zoning
district. In the case of CL zoned property, the most intense use (according to County LDRs) is
10,000 square feet of retail commercial gross floor area per acre and for residential rezoning
requests, the most intense use is the maximum number of units that could be built on the site,
given ;the size of the property and the maximum density under the proposed zoning. With CH
zoning, the most intense use of a property is 20,000 square feet of general industrial gross floor
area per acre. The site information used for the concurrency analysis is as follows:
1. S i of Area to be rezoned: ±15.18
2. Existing Land Use Designation: C/I CommercialAndustrial
I
3. Most Intense Use with Existing Zoning
a. Limited Commercial (CL): 123,900 square feet of Retail Commercial
b. Residential Mobile Home up to 6
units per acre (RMH-6): 16 Mobile Home Units
4. Most Intense Use with Proposed Zoning
a. Heavy Commercial (CH): 247,800 square feet of General Industrial
b. Limited Commercial (CL): 27,900 square feet of Retail Commercial
As per section 910.07(2)(e) of the Concurrency Management Chapter of the County's Land
Development Regulations, projects which do not increase density or intensity of use are exempt
from concurrency requirements. With this rezoning request, a combined ±12.39 acres of general
industrial and ±2.79 acres of limited commercial produces fewer trips than a combined ±12.39
retail commercial and ±2.79 acres of residential mobile home zoning. Therefore, the subject
176
zoning request is exempt from concurrency review because the requested zoning will not
increase the use intensity of the site.
When new development is proposed for the subject property, a detailed concurrency analysis will
be conducted during the development review process.
1
t
Con iistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive
plan.; Rezoning requests must also be consistent with the overall designation of land uses as
depicted on the Future Land Use Map. In this case, the subject property is designated CA,
Commercial/Industrial, on the Future Land Use Map. Since both CL and CH zoning are allowed
in the C/I designated area, the proposed zoning is consistent with the Future Land Use Map.
Other than the Future Land Use Map, the goals, objectives, and policies are the most important
parts, of the comprehensive plan. Policies are statements in the plan that identify the actions
which the county will take in order to direct the community's development. As courses of action
committed to by the county, policies provide the basis for all county land development decisions.
While all comprehensive plan policies are important, some have more applicability than others in
reviewing rezoning requests. Of particular applicability for this request are Future Land Use
Element Policies 1.17 and 1.18.
Future Land Use Element Policies 1.17 and 1.18
Land Use Element Policy i .17 states that all commercial/industrial uses must be located
the county's Urban Service Area. Future Land Use Element Policy 1.18 states that the
.rcial/industrial land use designation allows uses, subject to applicable zoning district
ions, that include storage/warehousing, retail, office, and service uses.
Sincelthe subject property is located within the County's Urban Service Area and the requested
CH and CL districts are intended for uses permitted within the commercial/industrial land use
designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18.
While the referenced policies are particularly applicable to this request, other Comprehensive
Plan policies and objectives also have relevance. For that reason, staff evaluated the subject
request for consistency with all applicable plan policies and objectives. Based upon that
analysis, staff determined that the request is consistent with the Comprehensive Plan.
Compatibility with the Surrounding Area
With respect to the southern portion of the subject site's current CL zoning, it is staffs position
that either the existing CL zoning district or the requested CH zoning district is appropriate for
those properties and that development under the requested zoning district will be compatible
with surrounding land uses. With respect to the northern portion of the subject property which is
currently zoned RMH-6 and designated C/I (Commercial/Industrial), that property's zoning
designation is nonconforming because it is not a zoning district that is allowed within the
property's C/I Future Land Use designation. Also, property to the north of the subject property is
zoned ,RMH-6 (a non -conforming zoning district). To eliminate the non -conforming use and
177
zonii g of the adjacent property to the north, the long term intent is to replace its current mobile
home park use and RMH-6 zoning with a commercial use and zoning district. In the interim,
during the transition, regulations are in place that will minimize impacts from any commercial
development of the subject property on the adjacent mobile home park. The County's land
development regulations (LDRs) require that buffers be established between
commercialfindustrial uses and residential uses. In the case of the subject property, at the time of
development a "Type B" buffer and 6' opaque feature will be requited adjacent to the mobile
home park if the park use is still in place at that time. That buffer will be between 25 feet and 30
feet wide, will consist of a substantial planting of vegetation, and will include a 6 foot tall
opaque barrier. Also, at the site planning and design stage, the northern portion of the subject
Property can be used for additional buffering and stormwater retention facilities associated with
development of properties to the south. Finally, the proposed CL zoning is consistent with the
CL zoned area that lies immediately north of the non -conforming mobile home park.
Additional design and use protections from the Wabasso Corridor regulations will also apply to
the subject site. Those regulations are found in Section 911.18ilof the County's Land
Development Regulations. With respect to design requirements, the special corridor regulations
Will provide for such things as shielding of any outdoor lighting fixtures, additional vegetation
plantings, and various aesthetic improvements. With respect to uses on the portion of the subject
site to be rezoned to CH, the corridor regulations prohibit certain CH district uses that might
otherwise be permitted, such as recycling centers, automotive sales and/or rentals, mobile home
trailer sales, flea markets, outdoor auction facilities, and outdoor storage. Generally, the
exclusions focus on prohibiting or restricting uses with an outdoor storage and/or outdoor sales
component.
Overall, the subject site and area is in transition from older nonconforming residential uses and
vacani land to commercial uses. Generally, sites such as the subject property that front on major
roads,1 are adjacent to Old Dixie and the FEC railroad, and abut properties with the same C/I
futurelland use designation are appropriate for any one of several different commercial zoning
districts, including CL, CG, and CH. Like the subject property, properties to the south and
southeast are zoned CH. Land to the west across Old Dixie Highway and the FEC Railroad is
zoned 111, and RM -6. Land to the east across U.S. Highway 1 is zoned CL and land to the north,
as discussed above is zoned RMH-6.
Given'the existing CH zoning to the south and southeast, the presence of two major roads, the
presence of the FEC railroad, the presence of industrially zoned property to the west, the
additional Wabasso Corridor use restrictions, and the significant separation of the subject site
from residentially designated property, the subject site is appropriate for CH and CL
development under the requested rezoning. Over the long term, no incompatibilities with
adjacent properties will exist. In the short-term, potential negative effects of commercial
development on the adjacent mobile home park to the north will be minimized through existing
buffer and corridor requirements. In addition, the proposed CL zoning between the proposed CH
zoned 'property and the existing mobile home park to the north will provide an area for the
development of restricted commercial activities such as retail, offices, parking, and "soft"
improvements such as buffer and stormwater management area that will further minimize
impacts on the adjacent non -conforming mobile home park. For those reasons, it is staffs
position that development of the site under the requested CH and CL districts will be compatible
with the surrounding area.
178
The subject property is an undeveloped site with native and non-native invasive species of
vegetation. Any proposed removal of native trees on the property associated with site
development will be subject to county tree protection requirements, including mitigation of any
specimen trees removed, if applicable. Since the subject property contains no environmentally
important land, such as wetlands or environmentally sensitive uplands, development of the site is
anticipated to have little or no impact on environmental quality. For those reasons, no adverse
environmental impacts are anticipated as a result of rezoning the property from CL to CH and
from RMH-6 to CL.
CONCLUSION
The requested CH and CL zoning districts are compatible with the surrounding area and are
consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area
deemed suitable for commercial uses, including CL and CH district uses, the subject properties
meet all applicable criteria to be rezoned to CL and CH. For those reasons, staff supports the
request.
RECOMMENDATION
Based on the analysis, staff recommends that the Board of County Commissioners approve the
rezoning of the subject properties by adopting the attached ordinance.
A
I . Summary Page
2. Rezoning Application
3. Table of Uses for Commercial Zoning Districts
4. Table of Uses for RMH Zoning Districts
5. Appeal Letter
6. ! Approved Minutes from the January 14, 2016 Planning & Zoning Commission Meeting
7. Ordinance
Approved Agenda Item:
I:
Indian River Co.
Approved Date
Admin.
Legal
Budget
l�
Dept.
z//7//6
Risk Mgr.
179
SUMMARY PAGE
GENERAL
Applicant: MPM Seven, LP
Location: East of Old Dixie Highway, North of 77di Street, and West
of US Highway 1
Acreage: ±15.18
Land Use Desi tion: CA, Commercial/Industrial
Existing: CL, Limited Commercial District and RMH-6, Residential
Mobile Home District (up to 6 units per acre)
Requested Zoning: CH, Heavy Commercial District (±12.39 acres) and CL,
Limited Commercial District (±2.79 acres)
Existing Land Use: Vacant
ADJACENT LAND
North: Palm Paradise Mobile Home Park, RMH-6, Residential Mobile Home District (up
to 6 units per acre)
South: CH, Heavy Commercial
East: U.S. Highway 1 and CL, Limited Commercial
West: Old Dixie Highway, FEC Railroad, EL, Light Industrial, and RM -6 Residential
Multi -family (up to 6 units per acre)
INFRASTRUCTURE
Wastewater service is available to the site from the North County Regional Wastewater
Treatment Facility, while potable water service is available to the site from the North
County Reverse Osmosis Plant.
ENVIRONMENTAL CONSTRAINTS
None / Flood Zone X
I
PUBLIC NOTIFICATION
I
I
STAFF RECOMMENDATION
Approval
10
ATTACHMENT 1
180
Planning and
Zoning
Board of County
Commission
Commissioners
Bill Schutt
Bill Schutt
C�tsa:
Advertised:
Dec. 30'2015
Feb. 15, 2016
# of
Surrounding
Property
10
10
owner
Notifications:
Date
Notification
12/30/15
2/15/16
Mailed:
Dau Sign
12/30/15
2/15/16
P osted:
i
I
I
STAFF RECOMMENDATION
Approval
10
ATTACHMENT 1
180
APPLICATION FORM ='
REZONING REQUEST (RZON) 14,131, 20015
INDIAN RIVER COUNTY r
Each application !oust be complete when submitted and mast include all required
j attachments. An incomplete application will not be processed and will be returned to
applicant.
I
Current Owner
Applicant (Contract
Purchaser
Agent
Name:
SEE ATTACHED
'MPiiA�Ssieeii, LP
Mgk, Short a Associates
Complete Maling
Address:]
3900 (fait Oosan Dr. s—ar—r-7
Fort Lauderdde, FL 33306
Blm ft street
Phone #:1(including area
Code
772.226.7282
Fax M. ( IChufing aces
E -Mail:
Contact Person:
i
fZobett Mdarrde' . '
J. WeaWy MIOs
Signaftiri of Owner or t:
Property Infortna flon
Site Address: 7816 U.S. Highway 1; 7750 Old Dude Hwy; 7855 US 7910 Old Diode HWY;
vera Beaeh FL 32967
Site Tax Parcel I.D. #s: 31 .0; 31393300D0070MM5.0; 3139MO MOW00037.0; 31393800000700000027.0
(sddnesses!above bated In o;W wfth parcel we)
J
Subdivision Name, Unit Number, Block and Lot Number (if applicable)
C I- -A� e'M 14
ExistingDistrict: See Attached
Land UseDesignation: Cl
Requested Zoning District: CH h d C y
Total Acreage of Parcel: SEE ATTACHED
net to be Rezoned:
�,�• 8 C
Existigg Use on Site: VACANT LAND
Proposed Use on Site: COMMERCIAL DEVELOPIAENT
CL--1�c�t
I?mN-4 `t-, CL
J�
I jz.,/// AttachmLnt 2
-f�'• /1, 181
-t
2
efts
CL--1�c�t
I?mN-4 `t-, CL
J�
I jz.,/// AttachmLnt 2
-f�'• /1, 181
w
OR Current Owner is Applicant
4. Verified statement (separate letter) naming every
individual or entity having legal or equitable
5. sOne�pll Co hof tfie" e' sO +t er'_a-Deed_
6.
e•t-{
rtiA:Glirnent�,Owner�s,Titl`Policy
cw - c. - .
M;ACestificateof Titkfisotrier.Title'Compaay
2.attorney'.s;wiittisn opinion evidencing fee
7. OneY(1), boundary survey of the area to be
rrzbnod. The boundary survey shall include, but J
not be limited to the following:
I
o a legaldeacription.of the land to be rezoned
o . tliesize.of''ihe� landto bet;eioned
o ` `the public road right-of-way width of adjacent roads;
and
o a north arrow
8.
9. "-Copy of Approved Concurrency Certificate
OR Copy of Sled application for Concurrency
Certificate, including traffic study. if awlieable
NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT
PROPERTY.
Revised: January 10, 2008
F:VCamm�ity D�p�tU)aas1VK]QB1P08MS
2
182
THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE -APPLICATION
CONFERENCE
WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER
TO RESOLVE
OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST.
REZONING APPLICATION CHEGZMIST
Please attach the following items to this application. Do not ignoie any of the items. Indicate "N/A" if an item
is not bile.
SMS Scant's Checklist Stat' ChwMist
1. Fee:7-_
Property S1ZC
- Leas thea 5 Acres
$1.550.00}
- 5 to 40 Acres $2,000.00
- 41 to 100 Acres S2,30D.00
- More than 100 Acres 500.00*
* $125.00 for each additional 25 acres over 100 acre:
2. CompleW Rezonin A m fnt lica6on For.r
3. Letter of Authorization from Current Owner(s) r
OR Current Owner is Applicant
4. Verified statement (separate letter) naming every
individual or entity having legal or equitable
5. sOne�pll Co hof tfie" e' sO +t er'_a-Deed_
6.
e•t-{
rtiA:Glirnent�,Owner�s,Titl`Policy
cw - c. - .
M;ACestificateof Titkfisotrier.Title'Compaay
2.attorney'.s;wiittisn opinion evidencing fee
7. OneY(1), boundary survey of the area to be
rrzbnod. The boundary survey shall include, but J
not be limited to the following:
I
o a legaldeacription.of the land to be rezoned
o . tliesize.of''ihe� landto bet;eioned
o ` `the public road right-of-way width of adjacent roads;
and
o a north arrow
8.
9. "-Copy of Approved Concurrency Certificate
OR Copy of Sled application for Concurrency
Certificate, including traffic study. if awlieable
NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT
PROPERTY.
Revised: January 10, 2008
F:VCamm�ity D�p�tU)aas1VK]QB1P08MS
2
182
i
Section 911.10.
i
- Commercial districts.
(1) Purpose and intent. The commercial districts are established to implement the Indian River County
iComprehensive Plan policies for commercial development. These districts are intended to permit the
development of commercial property to provide an efficient use of land and public infrastructure,
promote the economic well being of the county, protect the natural resources and beauty of the county
and ensure commercial development compatible with existing and proposed development.
lin order to achieve this purpose, these districts shall regulate the size, scope, and location of
commercial uses and provide standards to ensure development compatible with the built and natural
environment.
(2) Districts. The following districts are established to Implement the provisions of this chapter:
a) PRO: Professional office district. The PRO, professional office district, is designed to encourage
the development of vacant land and the redevelopment of blighted or declining residential areas
along major thoroughfares in selected areas of the county. The selected areas will be deemed as
no longer appropriate for strictly single-family use but which are not considered appropriate for a
broad range of commercial uses, as permitted in a commercial zoning district. The PRO district
may serve as a buffer between commercial and residential uses or be established in areas in
transition from single-family to more intensive land uses. The PRO district shall be limited in size
so as not to create or significantly extend strip commercial development.
In order to further encourage redevelopment, any legally nonconforming structure may continue
to be utilized, and its use may be changed from one nonconforming or conforming use category
to another use category permitted in the PRO district, provided the change of use of the legally
nonconforming structure receives site plan approval, or any other necessary approvals.
(b) OCR: Office, commercial, residential district. The OCR, office, commercial, residential district, is
j intended to provide areas for the development of restricted office, commercial, and residential
activities in a manner which will be compatible with surrounding neighborhoods. The OCR district
is further intended to provide land use controls for ensuring the separation of potentially
incompatible activities, such as intense commercial uses, from established residential areas.
(c) MED: Medical district. The MED, medical district, is intended to provide a variety of uses which
support a major medical facility, and to protect such major medical facility from encroachment by
land uses which may have an adverse effect on the operation and potential expansion of the
facility. Land uses that could cause an adverse effect would generally include those uses that are
likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke,
j amount of traffic generated, or other physical manifestations.
(d) CN: Neighborhood commercial district. The CN, neighborhood commercial district, is intended to
provide areas for the development of highly restricted commercial activities to serve primarily the
residents of the immediate area. The CN district is further intended to limit the intensity of
commercial activities in order to ensure compatibility with nearby residential uses.
(e) CL: Limited commercial district. The CL, limited commercial district, is intended to provide areas
for the development of restricted commercial activities. The CL district is intended to
accommodate the convenience retail and service needs of area residents, while minimizing the
impact of such activities on any nearby residential areas
(f) CG: General commercial district. The CG, general commercial district, is intended to provide
areas for the development of general retail sales and selected service activities. The CG district
is not intended to provide for heavy commercial activities, such as commercial service uses,
heavy repair services nor industrial uses.
(g) CH: Heavy commercial district. The CH, heavy commercial district, is intended to provide areas
for establishments engaging in wholesale trade, major repair services and restricted light
manufacturing activities. The CH district is further intended to provide support services necessary
Attachment 3
Page 1
183
for the development of commercial and industrial uses allowed within other nonresidential zoning
i
districts.
(3) Relationship with land use map. The commercial districts may be established in the following land use
i designations:
1
OCR
X
i
MED ;
X
• —•#- -
1
CN'CL
I
t t�G
CG
I '
X
--� CH �
Y
>District%
}
y TS
_X
-
PROl
1
OCR
X
i
MED ;
X
• —•#- -
1
CN'CL
I
X
CG
I '
X
--� CH �
X .
irca�d alo'nnfr=3� ,
t w
t-
::�}tea �__ _',.�`:: ,� : -'_ � •,..:..
-- R
#
i
}
I
CJI - Commercial industrial
PUB - Public
RC - Regional commercial
'PROS may also be established in L-1, L-2, M-1, and M-2 land use designations.
2CN may also be established in AG -1, AG -2, AG -3, R, L-1, L-2, M-1, and M-2 land use designations.
(4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses,
and special exception uses. Site plan review shall be required for the construction, alteration and use
of all structures and buildings except single-family dwellings.
Commercial uses and activities shall be contained within an enclosed area unless otherwise
speciqcally allowed herein or unless allowed as an accessory or temporary use approved by the community
development director.
Page 2
184
CW
Agriculture
Agricultural Production
Horticultural and landscape plants and 1
specialties
Kennels and animal boarding |
�
Agricultural Services
Landscape services
P
Commercial fishery
Commercial
Construction
General building contractors/special trade
Finance, Insurance, Real Estate, Legal
Services
ons
Small-scale banks and credit institutions
A P
p
P I
Insurance agents, brokers and service
P,
�7 77
�1-����chines I 1 P P P P I P
Real Estate P i P r P I P P
Holding and other investment offices P P P P P
-
I I1
Legal services P i P I p p p
Services
- — --------
Lodging facilities hotels and motels
P
P P I P
Boardinghouses A A A P
Bed and breakfast i P A ;—A A I A A
Membership based hotels
P
Personal Services
Laundries and laundromats (excluding i P i
P P
drycleaners)
Garment pressing and drycleaners drop- i
P P i P
off/pickup
Linen supply P P
Carpet and upholstery cleaning P i P
Drycleaning plants P
Photographic studios A P P P
Beauty shops A P P I P
Page 4
186
T,
ED X CL -'ZZ16: --T- CN-
1 7
Barber shops
A P P P
Page 5
187
Shoe repair
-A
P i
P
P
Funeral homes
{11
P
Funeral chapels
P
P
Crematoriums
P
I P
Business Services
Advertising P
P
P
P
P
Credit reporting and collection P
P
P
P
P
Mailing, reproduction and stenographic
J
P
P
P
P
services
Equipment rental and leasing
P
P
P
Employment agencies P
P
P
P
Help supply services
P
P
Computer and data processing P
P
P
P-
P
Bail bondsman
P
P
i P
General and professional office P
P P
P
P
Auto Repair, Services and Parking
—P
Automotive rentals—
P.
Page 5
187
Dance studios, school and halls, gyms -P P, P
Page 6
188
'U
R�Z 0,',
- �iGCR
Automobile parking and storage
P
P i
Body and paint shops
P
General automotive repair _
i - i -.. j P
P
Carwashes
_---- j P + P
77
P
Automotive fluid sales and services. (ot He r
than gasoline)
A P
P
Miscellaneous Repair..
Electrical repair
T
P P
P
Watch, clock, jewelry
P P
P
Reupholsters and furniture
P
Welding
P
Motion Pictures
Production and distribution services
P
Motion picture theaters
P ;P
Drive in theaters (unenclosed commercial
amusement)
Video tape rentals
-P P P
I
Amusement and Recreation
Dance studios, school and halls, gyms -P P, P
Page 6
188
Page 7
189
Theatrical production including music
P
P
Enclosed commercial amusements
P
P
P
Unenclosed commercial amusements
except miniature golf courses and driving
S 1
ranges
J.
Health and fitness centers
A i
P
i P
I P
Membership sports and recreation
P
P
P
Coin-operated amusements
P
P
i P
A
Miniature golf courses
S
Driving ranges
A
A
Health and Medical Services
T
j
Offices and clinics P IP
I P P
P
I P
Total care facilities
P
Hospitals
P
Medical and dental laboratory
P
P
j P
Home health care services
P
P
i P
P
Specialty outpatient clinics
P
P
Veterinarian clinic
A
A
A
Wholesale Trade
Page 7
189
=t-:;;=� =•<<
`District;-~:.
- _ •::_
- - - },���<
_
s T`• -
OCR,. E`, MED CP1,'-., }Clt._•,
;,
.OG -ti
;CH
If=.PRO
Durable goods (not including demolition
I
P
debris site, junkyards, recycling center)
j i i �
i
Nondurable goods -
_ i _ - -
I
P
1
Recycling center (including vegetation
E
-
- !
-
A !
debris mulching)
i
i
I
i
Retail Trade
i
I
- , P p I
Convenience stores
P
P
I
1
t i
f
I
Building materials and garden suppliesYv�'-
A -�
i
P
� Paint, glass and wallpaper stores �— --I_.._.�.._._,_
- ? - — P '
P--;
p
--
I------Hardware stores -- — --- , - -
P-- ; -
P �-
-- P- i
i
r
Retail nurseries and garden supplies -
j - € - j - P i
P )
P j
Model mobile home display
' - -
1
A
P i
t
I- •Mobile home trailer sales _- -
.,-- —
i
A - I
"---- � ----_; — �
--
General Merchandise
i
j
i i
I
�
►
I
I
I
Department stores I
I i A 1
P i
I
I
i
I I i I
f ) - i
!
Variety stores I -
_ _ ; _ A
i
P
_
Flea market
A
Auction facilities, unenclosed-
'
I
Auction facilities, enclosed-
,
P
P
Page 8
190
1([ ;--
-_ .- _ _ _ iL� :. :_.. .:,: .•.r_.. -._- __-_��:..--=t-_"'-fir
_'-Y.'.""'.�.._...-
_ -
_ __
..-��z;:'Y'=` =i ...:`::+.•^
'PRO. }` OCR= '-
^,_-
'CL';�i
- .;._i�
-tom=-
- - -
`>
"=CG-
.',MED
;GN
_ ,it��._:
= -!�
•
_Z - "_
-Used
_
merchandise (including pawn shops) - j
___-�•--;
.
_-_-_�_�-
P
_
P
__�!°�.•
;'
�P i
j
Food Stores i
i
'
I
�-
-
i
I
-
_ --_-
Grocery stores
P
P
I P
lMeat
i
and fish markets I ! ' -
P !
P
! P
-
• - --Fruit and vegetable markets --_ i- - ----'- -- --- I.— - - �-
P
--P---..i
- -P
- -►`
' - - --'
Candy, nut and confectionery stores
f Dairy product stores i - - -
•
P
P
P
i
Retail bakeries ;
- ;
; P
-
P
P
Automotive Dealers and Services
New and used cars dealers �—
1
P
p I
Used vehicle sales I e i I'
-
-
S
I
A
Auto and home supply stores - -
- i
P
P
P I
Gasoline service stations i - -
i
A
P
I
P
I
-
` —
�
T
Boat sales and rentals j ' _ � ---i
-
I
A
P I
Recreational vehicle sales• .-
i
A
.A ;
i
I Motorcycle dealers ! - - - !
- I
;
P
i
P
Automotive fuel sales I - i - ; -
A
A !
-•P
P
Commercial marina _ - I -
I
A
!
P
Page 9
191
str c-tx
. . . . . . . . . . . . . . . .
OCR--
-
G, CW
vPRO" -Ed —CN
Marine repair and service I A P
Apparel and Accessory Stores P P
Furniture and Home Furnishings
Furniture and home furnishing stores A P P
Small-scale home furnishings showrooms
A P P P
i (excluding furniture and major appliances)
Household appliance stores A P r P
Radio, television and computer stores P P
'Eating and Drinking Establishments
P
Restaurants
Carry out restaurants A A P P P P
Drive through restaurants f P P
Bars and lounges S i P P
Bottle clubs
S A
Miscellaneous Retail
--
Drug stores A I P1P
Liquor stores P P P
Miscellaneous shopping goods P P
Page 10
192
News standsi ` } ' � p � p | p '—� .
/ |
Sporting goods
Page 11
193
Optical goods
-
p
'
!'
P /
P ' |
/
} .
Page 11
193
Optical goods
-
p
p � p `
p
/
Gift stores
:P
P P
Book and card store
P P:
P
P
Catalogue and mail order house
P
P
Fuel Dealers
Food and Kindred Products i
P
Fruit and vegetable packing houses
A
Fruit and vegetable juice extraction
A
Community Services
Educational Services
Educational
centers including primary and
secondary schools
Colleges and universities
Vocational, technical and business
/
Page 11
193
_-_.+ _`;-.__ - _ i �- ., _,; :r�R�_.t. .V�:K�.,•,-mtu-;;
=_,`s:CN;h_=
:GL �,;'-C6�--•4;. :CHl' -
Institutional,-
t
s
Individual and family services
i
p
Job training services
- -
!
- P E—P
i
P
--' -
Child care and adult care
A A
P'
A: p
P
_
Homes for including
aged, nursing homes
and rest homes
- ;
t A
! S i
S I
-
i
i P
j = S I
S
S
Residential treatment center
I P P
•
, _ P '
i
P
Place of worship
P
Group homes (residential centers) ! - -, -
P
J.
- + S I
S I
S
Adult congregate living facility (21+
•
residents)
P
5
S I
5
Cultural and Civic Facilities
I P ! P
A
- P
P
-
t
i
Civic and social membership organizations
' -
A
P
T
Public Administration
I
Government administrative buildings
A P
j A. �
P�-
i
P
P
Courts _I
--i— - P
i I i
-J
�
i Emergency servicesP
I P
i P i
I
P I
P P I
P- I
Industrial
- --
- -..
P
r-
Printing and publishing
-- - ---
j- - -
-
s v ------
-
-!
Page 12
194
'Y
- : t -MED 'CG
PRO _€
Page 13
195
Machine shops
P
Chemicals and Plastics
Rubber and plastic footwear
P
Hose, belts, gaskets packing
P
Assembly production (not including
P
manufacturing)
Transportation and communication
Railroad/Bus Transportation Services
Local and suburban transit P
P
Trucking and courier services
P
Commercial warehousing and storage
P i
Moving and storage
P
Trucking terminals
P 1
Self-service storage facilities S A
i P
_---. ____ =__i__ �_.._ _ __ f ..
Outdoor storage
A i
Vehicle storage lot (paved/unpaved)'
P
P P
Post Office P I P j P i PP
P.
Water transport services
Page 13
195
Page 14
196
0
-V.
W_
Air transport services
P
Pipelines
P
—"--
Heliport/helipad
S
S
!
--i -- -
i --- -- � -
Recycling centers ;— - ,--
A
Travel and tour agencies
P
P I P
T
Freight transport arrangement
P
P
P
4
Communications
Telephone and telegraph
P 7—p
P
P
Radio and television broadcasting
P P P i
P
Cable and pay T.V.
P P P
P
Communications towers (wireless facilities) 1 AS
A' As As As A� I
A
C i ommunications towers (non -wireless
facilities)'
Amateur radio (accessory use)
Less than 80 feet P
P P LL
P P
P
i
80 feet or taller (see 971.44(4) for
S
S
S S I 5 S
S
special criteria) 4 i
I { i
i
;
Commercial
—�
- --j __!.�_. _
Up to 70 feet: i
i.—_
i
Page 14
196
t7
#
CG.
Camouflaged P P P P P P
Non -camouflaged P
P P 'P P
70 feet to 150 feet:
Camouflaged I A A -A
:A A
A
A
Monopole (minimum of 2 users) A A 1 A
A A
A
A
Not camouflaged and not monopole S S S
S S
S
S
Over 150 feet:
All tower types (see 971 44(1) for
special criteria)
Public and private utilities, limited A I A A
A
A
A i A
Public and private Utilities, heavy
S
Residential Uses
Single-family dwelling P P
Duplex P P
Multifamily dwelling f P i P A
A A
A
Accessory housing (watchman)
f
P
P = Permitted use
A = Administrative permit use
Page 15
197
S = Special exception use
No industrial use shall be permitted in the CH district unless public sewer service is provided to the
subject property
12 The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall
I apply to towers less than 70'.
3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6).
° Uses, such as limousine services, construction offices, and contractors trades offices shall be
considered general office uses if the following conditions are met:
-AII types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of
vehicles allowed in residential areas, except that commercial vehicles completely screened from
adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles
allowed to be kept on site shall be parked in designated paved spaces.
The number of vehicles used for business purposes and that meet the above condition and that
are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces
required for the office use.
-Except for vehicle parking, all uses shall be conducted within an office building.
�5 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.
(5) Accessory uses and structures as provided in Chapter 917.
(6) Required improvements. All future subdivisions and site plans for development in commercial districts
shall install the following improvements, designed and constructed to meet the requirements and
specifications of the Code of Laws and Ordinances of Indian River County, Florida.
;F _ I. '� _ � -TSS :�.: _; -d _ _ `L'S'•-.�', .i^r. 1; �'H �i.� .._...-r•�_.; - __ -
«,
PRO,
I�VBikeways ---- ----j-- --z= ---_::XXz X- `—X , . -z,_—I
r
Sidewalks x x x x x x i x
Streetlights^i x iii x x I x x i x x^ 1
I
(7) Size and dimension criteria:
1
Min. Lot Size sq. ft.
Page 16
198
i ✓
_` :� ;PRO
. OCRt =..(. MEDS' <:EN
30 30 ; i 25 i 20
_, -:.
' 35 35
l
�-<;.z'c
1 RM -6 RM -6
r.
=t�
t --i Wil_+:-.__-
� - -- - - --
may• _ _2�� 1.i::. "., �_
!2.•"�
_ _
Min. Lot Width ft.
100
100 100 ►
100
I 100
100 i 100 1
- Min. Yards ft. --
----- - i— —
; - -
—
i --- --
- T. —
Front
25
; 2r 5 I 25
25
I 25
25 25 t
I
Rear
I 25
I 20 20
20
10 j
10 I 10
Side
20
1 20 20
20
10 7
10 10
Max. Building
-
35
I 40 , 40
40
40
40 40/50'�
Coverage %
I
Min. Open Space %
Max. Building Height ft,
Residential District Regulations
Hotel and motel minimum square feet of
land area per unit
Notes:
Yards'- Front Yards abutting S.R. 60 shall be seventy-five (75) feet;
Rear Yards (CH only) 0 if abutting FEC Railroad;
I
Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved
access easement 0 if abutting FEC Railroad (CH only).
Height - See section 911.15 for exceptions.
Maxim um FAR (Floor Area Ratio):
.' Retail trade 0.23 FAR
• Office, business/personal services, recreational, schools, institutional 0.35 FAR
• Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR
*Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent.
Page 17
199
—25
35 35
30 30 ; i 25 i 20
' 35 35
l
j 35 i 35- 35 35 35 '
1 RM -6 RM -6
I RM -8 ; RM -8 RM -8 ` RM -8 , RM -8
- 1200
j 1200 1200 1200 -
i `
1 t l s
1 ,
Notes:
Yards'- Front Yards abutting S.R. 60 shall be seventy-five (75) feet;
Rear Yards (CH only) 0 if abutting FEC Railroad;
I
Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved
access easement 0 if abutting FEC Railroad (CH only).
Height - See section 911.15 for exceptions.
Maxim um FAR (Floor Area Ratio):
.' Retail trade 0.23 FAR
• Office, business/personal services, recreational, schools, institutional 0.35 FAR
• Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR
*Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent.
Page 17
199
(8) Required buffer yards:
AbUttin9�USe,/e_QlStriCi
• 1 Single -Family I Y _� `.Multi -Family
District
Buffer Type ; Buffer Type I
PRO
I
C - 6 ft. Opaque
C - 3 ft. Opaque
OCR ; C - 6 ft. Opaque C - 3 ft. Opaque
MED -- T C - 6 ft. Opaque - C - 3 ft. Opaque
CN B - 6 ft. Opaque C - 6 ft. Opaque—
i �
CL_.--__ - •--;.__._._._ _. B - 6 ft. Opaque ---- -- - - � _-- C - 6 ft. Opaque
CG i B - 6 ft. Opaque C - 6 ft. Opaque
i_
CH B:- 6 ft. Opaque �} B - 6 ft. Opaque
Buffer yards are required along rearlside property lines and measured at right angles to lot lines. All
screening and buffering requirements shall meet the standards established in section 926, Landscaping
and buffering. No parking or loading shall be permitted within buffer yards.
When a loading dock is proposed to serve a use that normally requires frequent deliveries (e.g ,
grocery store, department store, big box retail), and when the loading dock Is to be located adjacent to a
residentially designated site, and when the loading dock will not be screened from view from an adjacent
residential site by an Intervening building or structure, an eight -foot high wall shall be required between the
loading dock and the residential site. Wail height shall be measured from the grade elevation of the parking
area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards
of landscape section 926.08.
(9) Special district requirements.
(a) PRO—Professional office district.
I 1. Location and land use.
a. The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or
commercial on the future land use map.
b- The PRO district may be established on residentially designated land if located on an
arterial or collector road as Identified In the comprehensive plan.
2. District size. The PRO district shall have a minimum district size of five (5) acres and a
maximum district size of twenty-five (25) acres. The PRO district may be reduced to two and
one-half (2'/) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the
following criteria:
Page 18
200
The parcel(s) abuts a commercial node or corridor; and
b. The parcel(s) is located within a substantially developed area; and
c. The parcel(s) is located in an area dominated by nonresidential uses.
3. District depth. The PRO district shall have a maximum district depth of three hundred (300)
feet, measured from the adjacent collector and/or arterial roadway The maximum depth may
exceed three hundred (300) feet for platted lots of record where the majority of the lot is
within three hundred (300) feet of the collector on arterial roadway.
(b) CN -Neighborhood commercial district.
Land use and location. The CN, neighborhood commercial, district has been established on
various sites throughout the county that are designated AG -1, AG -2, AG -3, R, L -I, L-2, M-1
or M-2 on the future land use map. No new CN neighborhood commercial districts shall be
established, and no existing CN district shall be expanded.
2. Allowable uses. Uses allowed within a neighborhood node shall be those uses allowed within
the neighborhood commercial (CN) zoning district.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 6, 8, 2-27-91; Ord. No. 91-48, §§ 20, 22, 23,
12-491; Ord. No. 92-11, §§ 3, 14, 24, 4-22-92; Ord. No. 92-39, § 8, 9-29-92; Ord. No. 93-8 §§
13, 1j8, 3-18-93; Ord. No. 93-29, §§ 5D, l 1C, 9-7-93; Ord. No. 94-1, § 2E, 1-5-94; Ord. No. 94-
25, §§ 1, 13, 8-31-94; Ord. No. 96-24, § 6, 12-17-96; Ord. No. 97-16, § 3(5), 5-6-97; Ord. No.
97-24 § 4(A), 7-15-97; Ord. No. 97-29, §§ 2(A), 6, 12, 12-16-97; Ord. No. 98-9, § 9,5-19-98;
Ord.INo. 99-13, § 7A, 5-5-99; Ord. No. 2000-039, § 1, 11-21-00; Ord. No. 2002-016, § IE, 4-2-
02; Ord. No. 2002-031, § IE, 11-12-02; Ord. No. 2003-004, § 1, 2-4-03; Ord. No. 2010-017, § 1,
10-5!10; Ord. No. 2012-016, §§ 4,7E, 8, 9,7-10-12; Ord. No. 2015-005, § 1, 6-2-15)
i
Page 19
201
Section 911.09. - Mobile home districts.
(1) Purpose and intent. The mobile home districts are established to implement the policies of the Indian
River County Comprehensive Plan for managing land designated for residential use, providing
opportunities for developing mobile home subdivisions and ensuring adequate public facilities to meet
the needs of residents. These districts are also intended to implement the county's housing policies by
providing opportunity for a varied and diverse housing supply.
(2) I Districts established. The following districts are established to implement the provisions of this chapter
RMH-6, RMH-8
(3) !Relationship with land use map. The mobile home districts may be established In areas designated h4 -
i1, or M-2, medium density, on the future land use map.
(4) Uses. Uses in the mobile home districts are classified as permitted uses, administrative permit uses
and special exception uses. Site plan review shall be required for the construction, alteration and use
of all structures and buildings except for mobile home dwellings in approved subdivisions and parks.
Residential
Mobile homes
Single-family dwellings
Accessory single-family dwelling unit --~ A' A�
i
Limited recreational vehicles in mobile home rental parks ~- A A i
._.. institutional
Child or adult care facilities A _p
Foster care facilities j P P
- .i
Places of worship - A _ A
i 1
Group home (level 1) - 1 A P
Group home (level II and 111) ; S ` A j
. i I
Attachment 4
Page 9
KIN
i
r
Accessory single-family dwelling unit --~ A' A�
i
Limited recreational vehicles in mobile home rental parks ~- A A i
._.. institutional
Child or adult care facilities A _p
Foster care facilities j P P
- .i
Places of worship - A _ A
i 1
Group home (level 1) - 1 A P
Group home (level II and 111) ; S ` A j
. i I
Attachment 4
Page 9
KIN
.� .-- _ __ - - - :.r._s""".�.=.:.�..._� _tea....,.--. �...+ti�4.-+v'•a.�,.�,..ti s ---•-
i. - :F� I -• '':i' _-t-. - ' - _ .'ti,_ - :`1: �i':=�: ham.--.: -:-.^^_':•'-
- � � :r" -- . - - _- � ;,=� ,�:; ;_s�;• � r-�s: ~ _ .- - ��;-;:..F Oistrict' -h • • i
;.�..� �-: �:� •-4-_.�. — --tom;--_-:;:.•-�,�r..---,:-r=� ��.�---- _ - - - �..=------ _ �i
Use's; - RNIH=6` RMA=B
'L�-
-•
`.'j+
_-
•�ii_..=:3_1��--ry.; -- .��...- - - �—_
—
_�c'l _—fit s, _ �
Group home(residentialcenter)
S— '� 5
Adult congregate living facility
I j
! (20 resident maximum)
I S A
— - — — — ^ -------
Adult congregate living facility
'
(21+ resident maximum)
j S i 5
j Community Service
° P P
Emergency services
Educational centers including primary and secondary schools _i
S ( S
I C
Government administrative building —
S 'S
i i
I
Community centers
- i 5
Recreation
j r
i
Country clubs
i
5 ; 5
I
f
i
Golf courses
5 S
s
Public parks and playgrounds
•
A A
�
Tennis facilities
I
! S I :5 j
Utility
f Communications towers (wireless facilities including cell towers)
s A A'
i
Communications towers (non -wireless facilities including TV and radio broadcast
_
towers)
j f
� I
Page 2
203
P-Permittaduom
A'Administrative permit use
�
204
Amateur radio (accessory use)
!
!
| |
Less than 80 feet
'
p
8Dfeet mrtaller (see 971.44(4)for special criteria)
---�------------ '---------------''- ------------------�-------!
/ Commercial
! (
/
i
Up0o7Ofemt
�
'
|
!
|
| .
Camouflaged
. p
|
/ P |
| /
Non -camouflaged
! -
-
�---�- ------ --------------��r����-'
7Ofeet to1SOfeet:
l
, - - ' --- - — ------- ----
Camouflaged
--- . -
A. / A.
!
i
�
` A �
/
Monopole (minimum of2users)
Not camouflaged and not monopole
r' -----'-'-------------- ------------'-------- ------'------------'----'
Over 150fee � 1
|
|
!
�_ J
-'---
�
!------- ------ --- ----'--- - ----' - -' - -----
All tower types (see 971."(1)for special criteria)
--
'
' ----`
| |
! / Limited public and private utilities
i
I A
/
A
}
Public and private utilities, heavy
S
S |
P-Permittaduom
A'Administrative permit use
�
204
For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.
2 Allowed only on platted lots or legally created parcels not located within mobile home parks, where spaces
are rented or leased, that existed prior to May 16, 2006.
(5) Accessory uses and structures as provided in Chapter 917.
(6) Additional regulations.
(a) Compliance with subdivision regulations (Chapter 913). All developments within the RMH-6 and
RMH-8 districts shall be subdivided and platted pursuant to the provisions of the Indian River
County subdivision and platting regulations (Chapter 913).
(b) Construction standards. All mobile homes shall be constructed in compliance with specifications
set forth by the National Fire Protection Association (NFPA) under the association's code of
specifications for mobile homes and travel trailers and applicable state and federal regulations.
Each mobile home, trailer, or other portable living unit shall be anchored in a manner prescribed
by the building code consistent with the federal department of housing and urban development
standards. The minimum first floor elevation shall be at least eighteen (18) inches above the
crown of the adjacent street.
All awnings, carports, principal patios and accessories to the building or accessory buildings shall
be constructed in compliance with the building code of Indian River County.
I
(c) Mobile home undercarriage skirting. The frame, axles, wheels, crawl -space storage area and
utility connection of all mobile homes shall be concealed from view through the use of durable all-
weather materials manufactured specifically for the purpose of covering the undercarriage area.
Such skirting shall be fastened in accordance with manufacturer's instructions and provide for
adequate ventilation.
(d) Common vehicular storage areas. All mobile home developments within the RMH-6 and RMH-8
zoning districts shall provide for a common area for the storage of recreational equipment
including boats and recreational vehicles.
1 Screening. All storage areas shall be a minimum of thirty (30) feet from any adjacent mobile
home lot line, enclosed by a security fence, and shall be screened from neighboring
residences by a type "C" buffer with a six-foot opaque feature as set forth in Chapter 926,
Landscaping and Buffering.
2. Minimum area. All storage areas shall provide a minimum of one space for every ten (10)
mobile homes. All stalls shall have a minimum width of twelve (12) feet and a minimum depth
of thirty (30) feet, and all drives shall be a minimum of twenty-five (25) feet wide.
(e) Buffering along development boundaries. The following buffers shall be required along the
boundaries of any mobile home development:
1. Where the adjoining land use (excluding other mobile home parks) Is other similar or higher -
density residential use or is a local or collector street, a thirty-foot setback with a type "C"
buffer and a six-foot opaque feature as set forth in Chapter 926, Landscaping and Buffering,
shall be provided.
2. Where the adjoining land use Is an arterial street, a residential use of lower density or a
nonresidential use, a forty -foot setback with a type "B" buffer and a six-foot opaque feature
as set forth in Chapter 926, Landscaping and Buffering, shall be provided.
3. The areas outlined in subsections 1. and 2. above may be included as part of the respective
adjacent lots, but shall not be included as part of the required minimum lot area.
Page 4
205
Mills, Short 8 Associates
CIVIL I STRUCTURAL I SURVEYING ? ENVIRONMENTAL
C RTIFICATION OF A'. M::F V.n7G.N 30598
January 22, 2016
Mr.'Stan Boling
Director of Community Development
Indian River County Planning Department
180 I 1 27' Street, Vero Beach Florida 32960
RE:' Appeal of Planning and Zoning Commission Action on MPM Seven, LP Rezoning Application
(RZON# 2002090043-75772)
Dear Mr. Boling,
Please accept this letter as our appeal of the Planning and Zoning Commission's decision to deny our
client's above -referenced application for rezoning of the subject 15.18 acres. Although our application
was; consistent with the County's Comprehensive Plan and strongly supported and recommended for
approval by the County Staff, it was apparent at the Planning and Zoning Commission meeting of January
14, 2016, that the owner of the neighboring mobile home park had concerns about the intended uses on
the northern 2.79 acre parcel directly adjacent to his property, which parcel is currently zoned RMH-6.
His ,recommended zoning for the parcel was CL (Limited Commercial) rather than the CH (Heavy
Commercial) zoning initially requested by our client. After consideration of the Planning and Zoning
Commission's comments and concerns of the mobile home park owner, we would like to amend
our rezoning application request as follows:
Amendment:
Parcel ID: 31393300000700000027.0
2.79-+ acres currently zoned non -conforming RMH-6 to be rezoned to CL (Limited Commercial)
The I emaining 12.39± acres of the original rezoning request to be rezoned from CL to CH.
Thank you for your consideration in this matter. We look forward to the County Commissions' review
and consideration.
Should you have any questions or require additional information, please do not hesitate to contact me
I
i
Sincerely,
MILLS, SHORT & ASSOCIATES, LLC.
J. Wesley Mills, P.E.
Principal
CC:
Mr. Alan Polackwich, Planning and Zoning Commission Chairman
Mr. Bob Solari, Board of County Commissioners Chairman Attachment 5
800 Eighth Street I Vero Beach FL 329621772.226.7282
208
Public Hearina
Chairman Polackwich read the following into the record:
A. MPM Seven, LP Request to Rezone +/- 15.18 acres from CL (Limited
Commercial) and RMH-6 (Mobile Home Residential District) to CH
(Heavy Commercial). [Quasi -Judicial)
Chairman Polackwich asked the Commissioners to reveal any ex -parte
communication with the applicant or any conflict that would not allow them to
make an unbiased decision. He disclosed that he did drive around the area in
question and looked up the county zoning map on the internet. The other
members stated that they had not had any ex -parte communication.
The secretary administered the testimonial oath to those present who
wished to speak at tonight's meeting on this matter.
IMr. William Schutt, Senior Economic Development Planner, reviewed
information regarding the proposed rezoning and gave a PowerPoint
presentation, copies of which are on file in the Commission Office. He
recommended that the board approve the rezoning request with the conditions
listed in the staff report.
Chairman Polackwich reviewed the portion of the agenda package
regarding the purposes of various zoning districts and expressed his struggle
with approving heavy commercial zoning near what appears to be predominately
residential areas, especially when CH is intended primarily to serve businesses
rather than residents.
I
Mr. Boling responded that the pattern in the seven -mile stretch between
Vero pattern Beach and Sebastian along US Highway One and Old Dixie Highway is a
strip pattern with a mix of CL, CG, CH and residential districts. He added that the
subject property has CH to the south and east and Old Dixie/FEC/IL to the west.
Wesley Mills of Mills, Short & Associates, representative for the Applicant,
assured the board that any future development projects would be compliant with
landscape buffering requirements.
John Woods, resident of Hobart Landing subdivision which is across the
street from the Subject Property, voiced concerns regarding environmental
impact, specifically drainage issues. Staff took Mr. Woods' contact information
and will notify him if and when a site plan application is filed for the Subject
Property.
Attachment 6
PZC/Approved 4 January 14, 2016
F-OCCWI Committees\P&Z\2016—AGENDAS & MINUTES\PZC 021416.doc
209
I `
Bill Brehm, owner of Palm Paradise Mobile Home Park, which is direct!
adjacent to the Subject Property, y
ad
�1 J p rty, pleaded with the Board to deny the rezoning
request. He stated that his property is inhabited by senior citizens and has
recently undergone many improvements. He maintained that if the rezoning
proposal passes, the potential noise, light and gas pollution would be damaging
to the health and welfare of his residents. He suggested that at the least, the
RMH-6 zoned property that is part of the request be rezoned to CL rather than
CH.
Glenn Burr, President of Hobart Landing Homeowners Association, voiced
his concerns regarding the rezoning and stated that the community is hopeful
that the board will deny the rezoning request.
Mr. Brad Emmons asked Mr. Boling if the mobile home park were
conforming and designated residential, would staff recommend CH zoning next
to iIt. Mr. Boling responded that staff would not recommend CH in that scenario.
Chairman Polackwich closed the public hearing and opened discussion,
primarily regarding the areas surrounding the Subject Property and their
preidominant uses.
ON MOTION BY Ms. Caldarone, SECONDED BY Mr.
Rednour, the members voted (6-1) to deny staff
recommendations on this Quasi -Judicial matter. Mr.
Stewart was the dissenting vote.
Commissioner's Matters
There were none.
I
Planning Matters
I
Mr. Boling advised that there would be no need for a January 28 meeting
andlthat he expected the next meeting to be on February 11.
I
Attorney's Matters
There were none.
I
Aftumment
There being no further business, the meeting adjourned at 8:15 p.m.
PZC/Approved 5 January 14, 2016
F•1BCC1All CommitteesTU\2016—AGENDAS & MINUTESIPZC 021416.doc
210
ORDINANCE NO. 2016-
I ,
AI\ ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA. AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±12.39 ACRES
LOCATED EAST OF OLD DIXIE HIGHWAY, NORTH OF 77'x' STREET AND WEST
OF US HIGHWAY 1, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CH, HEAVY
COMMERCIAL DISTRICT; AND ±2.79 ACRES LOCATED APPROXIMATELY 1,450
FEET NORTH OF 77"H STREET, EAST OF OLD DIXIE HIGHWAY AND WEST OF US
HIGHWAY 1, FROM RMH-6, RESIDENTIAL MOBILE HOME DISTRICT (UP TO 6
UNITS/ACRE), TO CL, LIMITED COMMERCIAL DISTRICT; AND PROVIDING
ODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency
on such matters, held a public hearing and subsequently made a recommendation regarding this
rez I ng request; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish and send its Notice of Intent to rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners held aublic hearing g pursuant to this
rezoning request, at which parties in interest and citizens were heard; and
I
WHEREAS, the Board of County Commissioners determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the zoning of the following described property situated in
Indian River County, Florida, to -wit:
I
ALL,THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND
BEING IN SECTIONS 33 AND 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF THE
TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SECTION 34,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE, BEARING NORTH 000 00'00" EAST,
A DISTANCE OF 35.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 890 06'33" WEST, A
Attachment 7
Page 1 of 4 211
ORDINANCE NO. 2016 -
DISTANCE OF 6.26 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A
NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
25.00 FEET, RADIUS BEARS AT SAID POINT NORTH 58' 07'30" EAST; THENCE
NORTHERLY A DISTANCE OF 2.20 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 5° 02'47", TO A POINT; THENCE BEARING NORTH
26° 49'42" WEST, A DISTANCE OF 262.45 FEET TO A POINT; THENCE BEARING
NORTH 630 10'18" EAST, A DISTANCE OF 73.73 FEET TO A POINT; THENCE BEARING
NORTH 000 00'00" EAST, A DISTANCE OF 432.28 FEET TO A POINT; THENCE
BEAMTG NORTH 26° 44'04" WEST, A DISTANCE OF 415.66 FEET TO A POINT;
THENCE BEARING NORTH 89° 02'05" EAST, A DISTANCE OF 399.59 FEET TO A
POINT; THENCE BEARING SOUTH 25° 14'52" EAST, A DISTANCE OF 410.88 FEET TO
A POINT; THENCE BEARING SOUTH 88° 54'03" WEST, A DISTANCE OF 327.86 FEET
TO IA POINT; THENCE BEARING SOUTH 00° 00'00" WEST, A DISTANCE OF 701.61
FEET TO THE POINT OF BEGINNING.
I
SAID PARCEL CONTAINS 12.39 ACRES, MORE OR LESS, SUBJECT TO ALL
EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE
CHAIN OF TITLE.
is ch anged from CL, Limited Commercial District, to CH, Heavy Commercial District.
All with the meaning and intent as set forth and described in said Land Development
I p ent
Regulations.
AND
I
That.the zoning of the following described property situated in Indian River County, Florida to
wit:
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THE
EASTERLY RIGHT OF WAY LINE OF OLD DEME HIGHWAY:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE
1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33, TOWNSHIP 31
SOUTH, RANGE 39 EAST, RUN NORTH 175 FEET, THENCE WEST 1320 FEET, THENCE
SOUTH 175 FEET, THENCE EAST 1320 FEET TO THE POINT OF BEGINNING, LESS
FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND LESS U.S. HIGHWAY NO. 1
RIGHT OF WAY AND LESS AND EXCEPT RIGHT OF WAY FOR OLD DIXIE HIGHWAY.
SAM LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
SAIDI PARCEL CONTAINING 2.79 ACRES MORE OR LESS
SUBJECT TO ALL
EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE
CHAIN OF TITLE.
is changed from RMH-6, Residential Mobile Home District up to 6 units/acre to CL, Limited
Parte 2 of 4 212
YI I M.,
ORDINANCE NO. 2016-
All; with the meaning and intent as set forth and described in said Land Development
Regulations.
f
This ordinance shall become effective upon filing with the Department of State.
approved and adopted by the Board of County Commissioners of Indian River County,
on this I' day of March, 2016.
iris ordinance was advertised in the Press -Journal on the � day of FebMM 2016, for
hearing to be held on the 11 '' day of March. 2016 at which time it was moved for
by Commissioner seconded by , and
by the following vote:
Bob Solari, Chairman
Joseph E. Flescher, Vice Chairman
Wesley S. Davis, Commissioner
Peter D. O'Bryan, Commissioner
Tim Zorc, Commissioner
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
I�
Bob Solari, Chairman
I
ATTEST BY:
Jeffrey Smith, Clerk Of Circuit Court and Comptroller
This ! ordinance was filed with the Department of State
date: I
APP R07ED ? T/O/FP ,M#D LEGAL SUFFICIENCY
illiam K. DeBraal, Deputy County Attorney
on the following
Paste 3 of 4
213
ORDINANCE NO. 2016-
1
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP• Community Development Director
I
FACoImmDeveJMmaMRezonings\MPM Seven, LP04inance\or6 ance - MPM SvenRezoningdoc
I
Page 4 of 4 214
205-248
Board of County Commission UNAPPROVED Minutes
March 1, 20161 Page 6
April 5th BCC Meeting - Attachment 215
ON MOTION by Vice Chairman Flescher, SECONDED by Chairman Solari,
the Board unanimously approved that $30,000 from the Law Enforcement Trust
Fund be used to replace twenty (20) expired Kevlar ballistic helmets.
The Chairman called for a break at 9:52 a.m., and reconvened the meeting at
10:01 a.m., with all members present.
I
10.
PUBLIC ITEMS
10:01
A.
PUBLIC HEARINGS
a.m.
1. MPM Seven, LP Request to Rezone ± 12.39 Acres from CL to CH and
Request to Rezone f 2.79 Acres from RMH-6 to CL (Appeal of Planning
and Zoning Commission Denial)
memorandum dated February 15, 2016
Quasi Judicial
PROOF OF PUBLICATION OF ADVERTISEMENT FOR BOTH
HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
County Attorney Dylan Reingold announced this item to be a Quasi
Judicial proceeding and described the requirements of the law.
I
Chairman Solari requested and received disclosure of ex parte
communications, site visits, and/or independent investigations from
each Commissioner; and thereafter they disclosed their e-mails, and
presented them to the Clerk for the record.
i
The Commissioners also affirmed they have open minds and could
base their decisions on the evidence presented and applicable law.
The Deputy Clerk administered the Oath to all persons who wished to
speak at the hearing.
Community Development Director Stan Boling explained the
conditions and request from MPM Seven, LP to rezone f 12.39 acres
from Limited Commercial District (CL) to Heavy Commercial District
(CH); rezone f 2.79 acres from Residential Mobile Home District
(RMH-6) to Limited Commercial District (CL); and appeal the
Planning and Zoning (P&Z) Commission's denial. The properties are
located north of 77' Street, between Old Dixie Highway and US
Highway 1. Director Boling provided an analysis on the impact of
public facilities; consistency with the Comprehensive Plan;
compatibility with the surrounding area; and the potential impacts on
the environment. He pointed out that the f 2.79 acre parcel abuts Palm
Paradise Mobile Home Park, and recommended approval.
205-248
Board of County Commission UNAPPROVED Minutes
March 1, 20161 Page 6
April 5th BCC Meeting - Attachment 215
Board of County Commission UNAPPROVED Minutes
March 1, 2016, Page 7
216
The Board sought and received further details regarding rezoning and
the uses allowed in CH district.
t
Bob McKinley, MPM Seven, LP Representative, said he was advised
to not divulge how the property would be used, or to withdraw the
application. He wanted the opportunity to be a good neighbor and
ibelieved
more time was necessary to communicate/negotiate and reach
a consensus. He proposed deferring this Public Hearing to the next
regularly scheduled Board meeting.
Discussion ensued on whether the Public Hearing should be continued
,
or tabled.
The Chairman opened the Public Hearing.
Warren Dill, Attorney for Bill Brehm, the owner of Palm Paradise
Mobile Home Park, explained the law as it applies to contract zoning,
and possible land uses. He felt the right thing to do would be for the
applicant to withdraw the application that was filed, meet with the
residents and staff, come up with a plan that would be acceptable to
both parties, and put the restrictions on it. He opposed the request for
deferral, and supported withdrawing the application to allow for
negotiations.
Director Boling reiterated that a new application for any type of
i
rezoning could not be processed until November.
Discussion ensued regarding legalities. The Board agreed that the
appropriate thing to do would be to allow for public input and TABLE
this item.
i
j
Joseph Paladin, Black Swan Consulting and Entitlement, LLC,
encouraged the Board to Table this item. He felt there needed to be
more research and discussion before the item is brought back to the
Board for a decision.
MOTION WAS MADE by Commissioner Davis, SECONDED by
Commissioner Zorc, to TABLE the Public Hearing to a time certain of
l
April 5, 2016, and allow for public input today.
The Chairman called for a break at 11:37 a.m. to allow the parties an
opportunity to discuss/negotiate. He reconvened the meeting at 11:50
a.m., with all members present.
Board of County Commission UNAPPROVED Minutes
March 1, 2016, Page 7
216
12:35 2.1 Ordinance Repealing Enterprise Zone Economic Development Ad
p.m. Valorem Tax Exemption
(memorandum dated February17, 2016) 249-254
--------------------------------------------------------------------------------------------------------------------
Legislative
Board of County Commission UNAPPROVED Minutes
March 1, 2016' Page
217
Chairman Solari asked if anything had transpired between the parties
during the break, and was informed that nothing had changed.
Attorney Reingold clarified that if the Board did not Table this item,
they would move forward on voting on the application as presented,
!
I
and there would be no negotiations after today.
The Chairman CALLED THE QUESTION, and by a 3-2 vote
(Commissioners Flescher and O'Bryan opposed), the Motion carried.
A brief discussion ensued regarding the procedural aspects of this
matter.
Michele Mellgren, President/Planner from the Mellgren Planning
Group, Fort Lauderdale, voiced Mr. Brehm's concerns over the uses
allowed in CH, and the negative impacts of noise and fumes.
The following individuals spoke in opposition to rezoning:
• Donna McCormick
j
• Bill Brehm, 6800 Gulfport Boulevard, South Pasadina, FL, owner
of Palm Paradise Park
• Lynn McGuire, 720 Cathers Run Road, Clarion, PA
• Glen Burr, 4215 79th Street, Hobart Landing, President of the
Hobart Landing Homeowners' Association
• Bob Greason, 4226 791h Street, Hobart Landing, Vice
President of the Hobart Landing Homeowners' Association
• Don Lowry, 6431 North Fork Road, Rose City, MO
• Gail Morrow, Delaware, OH, resident of Palm Paradise Park
i
• Helen Gilbertson, Monroe, MI, resident of Palm Paradise
Park
• Barbara Danner, 2918 Jefferson Drive, Chambersburg, PA
• Jack Clerkin, Lot 24, Palm Paradise Park
• Dorothy Hennessy, 4185 79th Street, Hobart Landing
I
There were no additional speakers. The Chairman stated that the
Public Hearing would be continued at the April 5, 2016 Board of
County Commission meeting.
The Chairman called for a break at 12:31 p.m., and reconvened the
meeting at 12:35 p.m., with all members present.
12:35 2.1 Ordinance Repealing Enterprise Zone Economic Development Ad
p.m. Valorem Tax Exemption
(memorandum dated February17, 2016) 249-254
--------------------------------------------------------------------------------------------------------------------
Legislative
Board of County Commission UNAPPROVED Minutes
March 1, 2016' Page
217
This instrument was prepared by
and after recording return to:
Law, nce B. Steinberg, Esq.
Steinberg Garellek PL
200 East Palmetto Park Road
Suite 103
Boca Raton, Florida 33432
1
(Space Above For Recorder's Use)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION RESTRICTIVE COVENANTS (this "Declaration") is made
effective as of the � day of 2016 (the "Effective Date") by MTM SEVEN LP,
a Florida limited partnership, having an address of 3900 Galt Ocean Drive, #2617, Fort
Lauderdale FL 33308 ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of the property described on Exhibit A attached
hereto and by this reference made a part hereof (the "Property"); and
WHEREAS, Declarant desires to restrict the uses of the Property to those set forth on
Exhibit B attached hereto and by this reference made a part hereof (the "Permitted Uses").
NOW, THEREFORE, in consideration of the agreements contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Declarant hereby agrees and declares as follows:
1. Permitted Uses. From and after the recording of this Declaration, the Property
shall be used for lawful purposes in conformance with all restrictions imposed by all applicable
governmental laws, ordinances, codes and regulations. Furthermore, no use or operation shall be
made, conducted or permitted on or with respect to all or any portion of the Property, save and
except for the Permitted Uses.
2. Declaration. The Property shall be held, sold and conveyed together with and
subject to the terms and conditions of this Declaration.
3. Constructive Notice and Acceptance. Every person or legal entity who or which
will hereafter own or acquire any right, title, interest or estate in or to any portion of the
00067407.2 1
Declaration of Restrictive Covenant
April 5th BCC Meeting - Attachment 3
218
Property, whether or not such interest is reflected upon the public records of Indian River
County, Florida, will be conclusively deemed to have consented and agreed to each and every
term' and condition contained herein, whether or not any reference to this Declaration is
contained in the document or instrument pursuant to which such person or legal entity will have
acguIired such right, title, interest or estate in the Property or any portion thereof.
1 4. Effect of Invalidation. If any particular provision of this Declaration is held to be
invalid by any court, the validity of such provision will not affect the validity of the remaining
provisions hereof.
5. Applicable Law. This Declaration shall be governed by and construed in
accordance with the laws of the State of Florida.
l
6. No Public Dedication. Nothing contained in this Declaration shall be deemed to
be a gift or dedication of any property affected hereby, or any portion thereof, to or for the
general public or for any public use or purpose whatsoever, it being the intention of the
Declarant and its successors and assigns in ownership of the Property that this Declaration shall
be strictly limited to and for the purposes herein expressed, solely for the benefit of the Declarant
and fits successors and assigns in ownership of the Property. Nothing contained in this
Declaration, expressed or implied, shall confer upon any person, other than the Declarant and its
successors and assigns in ownership of the Property any rights or remedies under or by reason of
this Declaration.
7. Covenants Running with the Land. The agreements made herein, shall constitute
covenants running with the land.
i 8. Modification. This instrument may only be modified, amended or released as to
all of any portion of the Property by a written instrument executed by the then owner of the fee
simple title to the Property, provided that the modification, amendment or release has also been
approved in writing by the Board of County Commissioners for Indian River County, Florida
("County Commissioners") by the affirmative vote of not less than 80% of the members of the
County Commissioners. If so required by the County, it shall join in the execution of any
instrument necessary or desirable to effect any such modification, amendment or release.
9. Binding Effect, This Agreement shall be binding upon the Declarant and its
successors and assigns in ownership of the Property.
(Signatures Appear On The Following Page)
I
OOM4M.2 -2-
Declaration
2 -
Declaration of Restrictive Covenant
219
the
in
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of
and year first above written.
Sealed and delivered
t _e ►
Ad
v�6�i2�,� >Q,�,tJ�i• Atle;Co
STATE OF FLORIDA
DECLARANT:
MPM Seven LP, a Florida limited partnership
By its CKhieraVartner, MPM Seven GP Inc., a
B7
(corporate
) :SS
COUNTY OF INDIAN RIVER )
4c
' The foregoing instrument was acknowledged before me this day of 2016,
by Robert McKinley, Secretary of MPM Seven GP Inc., a Florida corporation, General Partner
of Mi M Seven LP, a Florida limited partnership. He is personally known to me or has produced
as identification.
Name:
=6,4M.2
Declaration of Restrictive Covenant
Notary Public, State of Florida
Commission No:
My Commjfisi��.
-3-
SHIRLEY ANN M.MURICo
• ;, Notary hattc ; • • = -State of Florida
=,, f • ` �c My Comm. Exp
lrea all 39.2018
Comml=aloe #F FF 08499
220
Exhibit "A"
PROPERTY
PARCEL 5 — PART 1
PART OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THE
RLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE
1/4) IOF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33, TOWNSHIP 31
SOUTH, RANGE 39 EAST, RUN NORTH 175 FEET, THENCE WEST 1320 FEET, THENCE
SOUTH 175 FEET, THENCE EAST 1320 FEET TO THE POINT OF BEGINNING, LESS
FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND LESS U.S. HIGHWAY NO. 1
RIGHT OF WAY AND LESS AND EXCEPT RIGHT OF WAY FOR OLD DIXIE HIGHWAY.
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
I
OW67403.2 -4-
Declaration
4 -
Declaration of Restrictive Covenant
221
EXHIBIT B
PERMITTED USES
' -:iis..:, qt:. •T> - ;u:: _ _a >c`' __ - iifC.-moi: ;7�_ ___ _ --- '
--- ---cry`. - -- -
<K:
-
,,.- - •vvl- `.i.. :!V'i,
�icultu eFrodu 3=.
ction:`s
Horticultural and landscape plants and specialties
Pet -grooming (no boarding)
Finance>Irisur' --
` ance" Real:Esfate(;LegalServices'_:, •'�
Small-scale banks and credit institutions
Banks and credit institutions
Security and commodity brokers
Insurance agents, brokers and service
Automatic teller machines
Real Estate
Holding and other investment offices
Legal services
/gyp � z. :'y'a .:t:, _ .:fw� - - _ •4 $::N -�-
aa:e...a..
Lodging facilities hotels and motels
Boardinghouses
Bed and breakfast
ers'onel30Vices``'"
Garment pressing and drycleaners drop-off/pickup
Photographic studios
Beautyshops
Barbershops
Shoe repair
Funeral chapels
-B,usiness`Seniices�
:.. ... _--•.,....... .... ......-.:..: %moi:...
Advertising
Credit reporting and collection
Mailing, reproduction and stenographic services
Equipment rental and leasing'
Employment agencies
Computer and data processing
General and professional office
Auto'Re' air Senilces and=:Parliin Y -
OOM4x.2 - 5 -
Declaration of Restrictive Covenant
222
amt::• - ::qft'. _ .'y?{`t -
��PERflAITTEDCL'USES�~
............_....... ................_ ..............._:. �..... _.,....na._:. .- ..:.�:_.....:.,,,::..; a�ao, fid:` '..'<:
Carwashes
Automotive fluid sales and services (other than gasoline)
:Miscellaneous:Re i; <.l tai
pair,-� .......:..:...:::
v:
Electrical repair
Watch, clock, jewelry
-<;�e: -- ':?ck. ::S:S' ..._ - ,, if-;,: - �:•,;i->,;
Motion picture theaters
Video tape rentals
AmuserrieriYand'Recreat
Dance studios, school and halls, gyms
Health and fitness centers
Membership sports and recreation
Theatrical production including music
HealtFi'and;.Nledical:Seivices " » 1. ;i A; _ '< ; , <- : - <',
Veterinarian clinic
Offices and clinics
Medical and dental laboratory
Home health care services
Specialty outpatient clinic
,3a.. .4�.';2. _c„% Jia-'-- - 's... :h.%:.':%:;.:;:5,.i>%u•t�::�:
Convenience stores
Paint, glass and wallpaper stores
Hardware stores'
Retail nurseries and garden supplies'
GerieralMercF%andise`,
Used merchandise (including pawn shops)'
Department stores
Variety stores
Grocery stores
Meat and fish markets
Fruit and vegetable markets
Candy, nut and confectionery stores
Dairy product stores
Retail bakeries
Automotive Deale.s'aiidServices
Auto and home supply stores
Gasoline service stations'
Declaration of Restrictive Covenant
223
-
�'Lii:
IVI ITF
yYL ,.i:. - - c`f:+.•j;J?1 ��� %:.fie`-:.' r.4+1':ty................ — - -
rw
Automotive fuel sales
Apparel and Accessory Stores
to
Furnl ' me Furnisfiiii"s
eand:Ho
Furniture and home furnishing stores
Small-scale home furnishings showrooms (excluding furniture and major
appliances)
Household appliance stores
Radio, television and computer stores
:Satin ;,and Drinking Estabtislim'
Restaurants
Carry out restaurants
iscellaneous=Retail ==� : -
Drug stores
Miscellaneous shopping goods
Florists
News stands
Sporting goods'
Optical goods
Gift stores
Book and card store
GOmm_ uni
;.
ucatlonal�Services°; �->� _ _ Q,._.•
Educational centers including primary and secondary schools
Colleges and universities
Libraries
Vocational, technical and business
<Institiifiorial 4=•>tt.,;,=:';s�,;:'`> ,>r:`
Place of worship
Adult congregate living facility (21+ residents)
Individual and family services
Child care and adult care
Homes for aged, including nursing homes and rest homes
Cultural and Civic Facilities
Civic and social membership organizations
Public Administration`
w�.
Emergency services
Government administrative buildings
Courts
000674082 -7-
Declaration
7 -
Declaration of Restrictive Covenant
224
......Y..j......Y...,.,... _. •...�.:. r...:-_.>,....-.,` .:..::....... .. :..iii - - t<c.
_E
TT• -
y
" - Transportati
:::::�:;=_--.�._,._„n ommunication
Self-service storage facilities'
Post Office
Travel and tour agencies
Communications
Telephone and telegraph'
Radio and television broadcasting
Cable and pay T.V.'
Communications towers (non -wireless facilities)
Amateur radio (accessory use)
Less than 80 feet
80 feet or taller (see 971.44(4) for special criteria)
�Z^�.:i;:yFi'.ti'% :%.7:-'.Zi:•k:'/�::.5•f;'..,'l ,�.'X�(O:c� _ _ _ ::5.•.'- a�E:;
ential�Uses
Multifamily dwelling
i
Subject to Section 911.18 Wabasso Corridor regulations as shall be in effect from time to time.
00067408.2 -8-
Declaration
8 -
Declaration of Restrictive Covenant
225
This instrument was prepared by
and ;after recording return to:
Lawience B. Steinberg, Esq.
Steinberg Garellek PL
200 Fast Palmetto Park Road
Suite 103
Boca Raton, Florida 33432
(Space Above For
DECLARATION OF RESTRICTIVE COVENANTS
effecTHIS DEC TION F RESTRICTIVE COVENANTS (this "Declaration") is made
tive as of the allay of Yif,QfL . 2016 (the "Effective Date") by MPM SEVEN LP,
a Florida limited partnership, having an address of 3900 Galt Ocean Drive, #2617, Fort
Lauderdale FL 33308 ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of the property described on Exhibit A attached
hereto and by this reference made a part hereof (the "Property"); and
I
. WHEREAS, Declarant desires to restrict the uses of the Property to those set forth on
Exhibit B attached hereto and by this reference made a pari hereof (the "Permitted Uses").
i NOW, THEREFORE, in consideration of the agreements contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Declarant hereby agrees and declares as follows:
I1. Permitted Uses. From and after the recording of this Declaration, the Property
shallI be used for lawful purposes in conformance with all restrictions imposed by all applicable
governmental laws, ordinances, codes and regulations. Furthermore, no use or operation shall be
made, conducted or permitted on or with respect to all or any portion of the Property, save and
except for the Permitted Uses.
2. Declaration. The Property shall be held, sold and conveyed together with and
subject to the terms and conditions of this Declaration.
i
3. Constructive Notice and Acce tom. Every person or legal entity who or which
will hereafter own or acquire any right, title, interest or estate in or to any portion of the
00 067441.1 - 1 -
Declaration of Restrictive Covenant
226
i
Property, whether or not such interest is reflected upon the public records of Indian River
County, Florida, will be conclusively deemed to have consented and agreed to each and every
term and condition contained herein, whether or not any reference to this Declaration is
contained in the document or instrument pursuant to which such person or legal entity will have
acquired such right, title, interest or estate in the Property or any portion thereof.
l4. Effect of Invalidation. If any particular provision of this Declaration is held to be
invalid by any court, the validity of such provision will not affect the validity of the remaining
pro (visions hereof.
j 5. Applicable Law. This Declaration shall be governed by and construed in
accordance with the laws of the State of Florida.
I6. No Public Dedication. Nothing contained in this Declaration shall be deemed to
be a gift or dedication of any property affected hereby, or any portion thereof, to or for the
general public or for any public use or purpose whatsoever, it being the intention of the
Declarant and its successors and assigns in ownership of the Property that this Declaration shall
be strictly limited to and for the purposes herein expressed, solely for the benefit of the Declarant
and j its successors and assigns in ownership of the Property. Nothing contained in this
Declaration, expressed or implied, shall confer upon any person, other than the Declarant and its
successors and assigns in ownership of the Property any rights or remedies under or by reason of
this Declaration.
i 7. Covenants Running with the Land. The agreements made herein, shall constitute
.....ants running with the land.
all i8. Modification. This instrument may only be modified, amended or released as to
t any portion of the Property by a written instrument executed by the then owner of the fee
simple title to the Property, provided that the modification, amendment or release has also been
approved in writing by the Board of County Commissioners for Indian River County, Florida
("County Commissioners") by the affirmative vote of not less than 80% of the members of the
County Commissioners. If so required by the County, it shall join in the execution of any
instrument necessary or desirable to effect any such modification, amendment or release.
9. Binding Effect. This Agreement shall be binding upon the Declarant and its
successors and assigns in ownership of the Property.
(Signatures Appear On The Following Page)
OOW7"1.1 -2-
Declaration
2-
Dedaration of Restrictive Covenant
227
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of
the ,day and year first above written.
Signed, Sealed and delivered DECLARANT:
in * presence. of. ,� n
MPM Seven LP, a Florida limited partnership
I ,� B XrWer, MPM Seven GP Inc., a
Print Name:_ Q"(o �Aip-A Y
FloBL, s.
PrintN e3#aa �l� �i(l 6e4 �Kdbenley, Se etary
(corporate
STATE OF FLORIDA
) :SS
COUNTY OF INDIAN RIVER )
The foregoing instrument was acknowledged before me this ;? day of %44L . 2016,
by Robert McKinley, Secretary of MTM Seven GP Inc., kFlorida corporation, General Partner
of MPM Seven LP, a Florida limited partnership. He (!L) is personally known to me or (_)
produced as identifica nn.
Printed N r A!, G�.1Cd
Notary Public, State of Florida
i Commission No:
My Commission Expires:
Declaration of Restrictive Covenant
-3-
228
.....,,,,
°.:'•
SHIRI.EY N M. MURICD •-
AN
Nota..PuDlic - State o1 Florida
ry
My Comm. Expir0i Jan 80. 2018,
.�
Commission-# FF 081499
228
Exhibit "A"
PROPERTY
P
All 'that certain parcel being in Sections 33 and 34, Township 31 South, Range 39 East, more
particularly described as follows:
I
Commence at the Southwest corner of Section 34; thence North 00`00'00" East, a distance of
736.62 feet; thence continue North 00°00'00" East, a distance of 375.35 feet to the Point of
Beginning, thence North 89°02U5" East, a distance of 15257 feet to the Westerly right-of-way
line lof US Highway 1; thence North 25°14'52" West, along said Westerly right-of-way line, a
distance of 213.73 feet; thence South 89'02'10" West, a distance of 61.39 feet; thence North
00*60100" East, a distance of 24.74 feet to a point on the North line of the Southeast quarter of
the Southeast quarter of aforesaid Section 33; thence South 89°02'05" West, along said North
line,l a distance of 656.66 feet to a point on the Easterly right-of-way line of Old Dixie Highway;
thence South 26°4942" East, along said Easterly right-of-way line, a distance of 1176.06 feet;
thence North 63°10'18" East, a distance of 73.73 feet to a point lying 60 feet Westerly of the
West line of aforesaid Section 34; thence North 00°00'00" East, along a line 60 feet West of and
parallel with said West line, a distance of 432.28 feet; thence North 26°44'04" West, a distance
of 415.66 feet; thence North 89°02'05" East, a distance of 247.02 feet to the Point of Beginning.
i
PART 2 — PARCEL 1:
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND
BEING IN SECTIONS 33 AND 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF THE
TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SECTION 34,
TOWNSHIP 31 SOUTH, RANGE 39 EAST, THENCE, BEARING NORTH 00' 00100" EAST,
A DISTANCE OF 35.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89° 0633" WEST, A
DISTANCE OF 6.26 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A
NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
25.00 FEET, RADIUS BEARS AT SAID POINT NORTH 58° 07'30" EAST; THENCE
NORTHERLY A DISTANCE OF 2.20 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 50 0247", TO A POINT; THENCE BEARING NORTH
260 149142" WEST, A DISTANCE OF 262.45 FEET TO A POINT; THENCE BEARING
NORTH 63° 10'18" EAST, A DISTANCE OF 73.73 FEET TO A POINT; THENCE BEARING
NORTH 000 00100" EAST, A DISTANCE OF 432.28 FEET TO A POINT, THENCE
BEARING NORTH 26" 44'04" WEST, A DISTANCE OF 415.66 FEET TO A POINT;
0=701.1 - 4 -
Derlai6on of Restrictive Covenant
229
THENCE BEARING NORTH 89° 02'05" EAST, A DISTANCE OF 399.59 FEET TO A
POINT; THENCE BEARING SOUTH 25° 14'52" EAST, A DISTANCE OF 410.88 FEET TO
A POINT, THENCE BEARING SOUTH 88° 503" WEST, A DISTANCE OF 327.86 FEET
TO A POINT; THENCE BEARING SOUTH 00° 00-00" WEST, A DISTANCE OF 701.61
FEET TO THE POINT OF BEGINNING.
Declaration of Restrictive Covenant
230
EXffiBrr B
PERMrMD USES
PERMITTED CH USES
Agriculture
Agricultural Production
Horticultural and landscape plants and specialties
Pet -grooming (no boarding)
Commercial
firiarroe .Insdrance,. teal:Estate, Legal Services
Small-scale banks and credit institutions
Services
Personal Services
Linen supply
Business=$Orvlces
Advertising
Credit reporting and collection
Mailing, reproduction and stenographic services
Equipment rental and leasing'
Employment agencies
Computer and data processing
Help supply services
Auto Repair, Services and'Parking
Carwashes
Automotive fluid sales and services (other than gasoline)
Automotive rentals'
Automobile parking and storage'
Miscellaneous- Repair .
Electrical repair
Watch, clock, Jewelry
Reupholsters and furniture
Amusement and Recreation
Dance studios, school and halls, gyms
Health and fitness centers
Membership sports and recreation
Miniature golf courses
HeWth-anil-Medical Services
Veterinarian clinic
Declaration of Restrictive Covenant
231
PERMf UD CH USES
Wholesale Trade
Durable goods (not including demolition debris site, junkyards, recycling
center)
Nondurable goods
Retail Trade
Convenience stores
Paint, glass and wallpaper stores
Hardware stores'
Retail nurseries and garden supplies'
Building materials and garden supplies
�eneral,Merchandise.. -
Used merchandise (including pawn shops)'
Auction facilities, enclosed
Automotive Dealers and Services.
Auto and home supply stores
Gasoline service stations'
Automotive fuel sales
Commercial marina'
:Furnityre_ Ipd HomeTurnishings
Furniture and home furnishing stores
Small-scale home furnishings showrooms (excluding furniture and major
appliances)
Household appliance stores
Eating and:DrinIdIng Establishments
Restaurants
Carry out restaurants
Drive through restaurants
INlacellaneous Retail
Catalogue and mail order house
Fuel Dealers
Food and ICndred Products
Industrial
Machine shops
Community-'Services
Institutional
Place of worship
Adult congregate living facility (21+ residents)
Publk Administration
OM67411.1 - 7 -
Ded iration of Restrictive Covenant
232
PERMITTED CH USES
Emergency services
Transportation and Communication
Railroad/Bus T ensportatlon Services
Self-service storage facilities'
Post Office
Commercial warehousing and storage
Moving and storaee
nt
. W�I�,ZIlYIl1GdUDriS
Telephone and telegraph'
Radio and television broadcasting
Cable and pay T.V.
Communications towers (non -wireless facilities)
Amateur redio.(atxessory use)
Less than 80 feet
80 feet or taller (see 971.44(4) for special criteria)
Residential Uses
Accessory housing (watchman)
'Subject to Section 911.18 Wabasso Corridor regulations as shall be in effect from time to time.
WW441.1 -8-
Declaration
8 -
Declaration of Restrictive Covenant
233
List of CH Uses Prohibited by Voluntary Restrictive Covenant
Note: all uses shown are prohibited by the voluntary restrictive covenant
T,of Use b
_pe' A
riculture
-'Wabasso(coredor:Use A
i Modifications :.1
._: ricultural':Proiiuction
Kennels and animal boarding
- ricuhural'Services. - -
Landscape services
Commercial fishery
Commercial
`
i Construction
Y
'
General buildii g contractors/special trade contractors/construction
yards
Finance, Insurance, ;Real Estate; Legal Services'
Services
;PersonalServices
Linen supply
j Carpet and upholstery cleaning
Drycleaning plants
Crematoriums
'
f - Business'Seniices
Bail bondsman
Auto -Repair, Services•and Parking
Body and paint shops
i General automotive repair
Miscellaneous Re air.
I Welding
1 - Motion-,Pictur'es.;
Production and distribution services
Drive in theaters (unenclosed commercial amusement )4
Not Allowed
{..` �, Arnusernent•and Recreation ,- .•
Enclosed commercial amusements
Unenclosed``corn-mercial-amuse ments•except miniature -golf courses
andArlyin ,ran es_ -
Driving ranges
- Wholesale Trade.;
j Recycling center
Not Allowed
_ - Retail.Trade
=
Model mobile home display 1
Indoor Display Allowed,
Outdoor Display Not Allowed
i
I
Mobile home trailer sales2
Indoor Display Allowed,
Outdoor Display Not Allowed
Gen_ eral: Merchandise.
Flea market'
Not Allowed
April 5th BCC Meeting - Attachment 4
Page 1 of 3
234
List of CH Uses Prohibited by Voluntary Restrictive Covenant
Note: all uses shown are prohibited by the voluntary restrictive covenant
-'f'Use "
��: .�-� ;�;
`Wabassa.CorridorfUseuTVoe,dA
.Modifiatlons. - � 1
Auction facilities, unenclosed
Not allowed if merchandise
kept outside on display like a
flea market
E
Automotive" Dealers and Services.
New and used '
ed cars dealers
Indoor Display Allowed,
Outdoor Display Not Allowed
Used'vehicle sales'
Indoor Display Allowed,
Outdoor Display Not Allowed
Boat sales and rentals3
Indoor Display Allowed,
Outdoor Display Not Allowed
Recreational vehicle sales
Indoor Display Allowed,
Outdoor Display Not Allowed
Motorcycle dealers'
Indoor Display Allowed,
Outdoor Display Not Allowed
Marine repair and service
Eating and Drinking.EstablishMe'rits
Bars and lounges
j Bottle clubs
Miscellaneous Retail .
Fruit and vegetable packing houses
Fruit and vegetable juice extraction
Institutional -
Job training services
Residential treatment center
Group homes (residential centers)
Public Administration -
Ind'ustriaf;•
I Printing and publishing
Chemicals and.Plastics
Rubber and plastic footwear
Hose, belts, gaskets packing
Assembly production (not including manufacturing)
_ •jTrans ortj'ion;and,communication'
• Railroad/.Bus Trans ortation�'Services
Local and suburban transit
Trucking and courier services
Trucking terminals
Outdoor storage
(no outdoor sales or rental)
Page 2 of 3
235
List of CH Uses Prohibited by Voluntary Restrictive Covenant
Note: all uses shown are prohibited by the voluntary restrictive covenant
d; v W.
Type;of,USe .F P ,
° TWabassoaCoOfdortUse'� Qi
f ,. a '
:Modifications-_
Vehicle storage lot (paved/unpaved)
Water transport services
Air transport services
Pipelines
Recycling centers
Not Allowed
Z. Communications '
Communications towers (wireless facilities)
communications towers.(non-.wireless facilities) -
I Arhateur_radi&(aiccesso use)-
_ Commercial-
_.
- ')pJ)p to 70 feet:
Camouflaged
Non -camouflaged
- l _ 70 feet to 150 -,feet_ :_ -
Camouflaged
Monopole (minimum of 2 users)
Not camouflaged and not monopole
Over 150 feet:'
Public and private utilities, limited
Transmission towers are not
allowed
Public and private utilities, heavy
NOTES - Excerpt from Section 911.18. - Wabasso Corridor regulations.
i
(3) Specific development regulations within the Wabasso Corridor. In the Wabasso Corridor, the
following special regulations shall apply to new non-residential and mixed use (combination of
residential/commercial) development that requires major site plan approval.
(a) Prohibited uses: The following land uses shall be Prohibited:
1. Outdoor display of automobiles/motorized vehicles for sale or rental;
2. Outdoor display of mobile homes for sale or rental;
3. Outdoor display of boats for sale or rental;
4. Drive-in theaters;
S. Recycling centers;
6. Transmission towers;
7. Flea markets I;
8. Transient merchant uses; and
9. Temporary sales events that require temporary use permits and are conducted outside of
enclosed buildings.
Specifically, there shall be no outside display of merchandise on public sidewalks (within public
rights-of-way or easements) or rights-of-way. Outside display of merchandise shall be allowed on
r private property; provided, however, that outside display of merchandise is allowed only on
sidewalks abutting buildings occupied by the business displaying the merchandise. All other uses
shall comply with applicable zoning district regulations. I
Page 3 of 3
236
Prohibited
Uses on Requested CL Zoned Property (Per Restrictive Covenant)
Type of Use. - Wabesso-conidor Use
Modlfic aMris
Services•
{. Personal Services
Laundries and laundromats (excluding drycleaners)
t RLwhess.SeNice"s
{ Bail bondsman
Amusement and Recreation
{ Coin-operated amusements
Enclosed commercial amusements
'-.Miscellaneous'-Retail
Liquor stores
i Eatin and•Drinkin ;Establishments '
1 Bars and lounges
' Aclucationdl -Services
Institutional ,-_
Job training services
{ Residential treatment center
{ Group homes (residential centers)
Communicatioris _ .
(Communications towers (wireless facilities)
-Communications towels non=wireless facilities
4 - ;Amateur radio.(accessory u'se
f : : Commercial
to )O:feet: =
{ Camouflaged
{ Non -camouflaged
'70,feet to'150.feet:
Camouflaged
! Monopole (minimum of 2 users)
Not camouflaged and not monopole
:Over i50:feet: _
� Public and private utilities, limited Transmission towers are not
lallowed 6
NOTES
Please turn page for notes.
Page 1 of 2 237
ProhibIited Uses on Requested CL Zoned Property (Per Restrictive Covenant)
_
NOTES- Excerpt from Section 911.18. - Wabasso Corridor regulations.
(3) Specific development regulations within the Wabasso Corridor. In the Wabasso Corridor,
the following special regulations shall apply to new non-residential and mixed use
(combination of residential/commercial) development that requires major site plan
approval i
(a) Prohibited uses: The following land uses shall be prohibited:
1. Outdoor display of automobiles/motorized vehicles for sale or rental;
2. Outdoor display of mobile homes for sale or rental;
3. Outdoor display of boats for sale or rental;
4. Drive-in theaters;
5. Recycling centers;
6. Transmission towers;
7. Flea markets; i
B. Transient merchant uses; and
9. Temporary sales events that require temporary use permits and are conducted outside of
enclosed buildings.
i
Specifically, there shall be no outside display of merchandise on public sidewalks (within
public rights-of-way or easements) or rights-of-way. Outside display of merchandise shall be
allowed on private property; provided, however, that outside display of merchandise is
allowed only on sidewalks abutting buildings occupied by the business displaying the
merchandise. All other uses shall comply with applicable zoning district regulations.
i
i
I
Page 2 of 2
238
NAICS Search Page 1 of 1
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2012 NAICS Definition
T = Canadian, Mexican, and United States industries are comparable.
332710 Ma Chine Shops
This industry comprises establishments known as machine shops primarily engaged In machining metal and plastic parts and parts of other
composite materials on a job or order basis. Generally machine shop jobs are low volume using machine tools, such as lathes (including computer
numerically controlled); automatic screw machines; and machines for boring, grinding, and milling.
Cross -References. Establishments primarily engaged in --
Repairing industrial machinery and equipment—are classified in Industry 811310 (/coi-bin/sssd/naics/naicsrch?code=811310&search=2012),
Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance; and
• Manufacturing parts (except on a job or order basis) for machinery and equipment --are generally classified in the same manufacturing
industry that makes complete machinery and equipment.
2002 1 2007 2012 Corresponding Index
NAICS NAICS NAICS Entries
332710 1 332710 332710 Chemical milling job shops
332710 1 332710 332710 Machine shops
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Source: U.S. Census Bureau I North American Industry Classification System (NAICS) 1 (888) 756-2427
1 naics(Mcensus.Dov (mailto:naics(ftensus.aov) I Last Revised: May 13, 2013
I
Attachment 5
https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=332710&search=2012 NAICS S... 3/28/2016
239
ORDINANCE NO. 2016 -
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±12.39 ACRES
LOCATED EAST OF OLD DIXIE HIGHWAY, NORTH OF 77TH STREET AND WEST
OF 6S HIGHWAY 1, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CH, HEAVY
COMMERCIAL DISTRICT; AND ±2.79 ACRES LOCATED APPROXIMATELY 1,450
FEET NORTH OF 77TH STREET, EAST OF OLD DIXIE HIGHWAY AND WEST OF US
HIGHWAY 1, FROM RMH-6, RESIDENTIAL MOBILE HOME DISTRICT (UP TO 6
UNITS/ACRE), TO CL, LIMITED COMMERCIAL DISTRICT; AND PROVIDING
CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
, the Planning and Zoning Commission, sitting as the local planning agency
on such matters, held a public hearing and subsequently made a recommendation regarding this
rezoning request; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish lland send its Notice of Intent to rezone the hereinafter described property; and
,WHEREAS, the Board of County Commissioners held a public hearing pursuant to this
rezoning request, at which parties in interest and citizens were heard; and
WHEREAS, the Board of County Commissioners determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the zoning of the following described property situated in
I
Indian River County, Florida, to -wit:
PART R
ALL THAT CERTAIN PARCEL BEING IN SECTIONS 33 AND 34, TOWNSHIP 31 SOUTH,
RANGE 39 EAST OF THE TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 34, THENCE NORTH 00°
00'00" EAST, A DISTANCE OF 736.62 FEET; THENCE CONTINUE NORTH 00° 00'00"
EAST, A DISTANCE OF 375.35 FEET TO THE POINT OF BEGINNING: THENCE NORTH
890 02'05" EAST, A DISTANCE OF 152.57 FEET TO THE WESTERLY RIGHT-OF-WAY
April Ste BCC Meeting - Attachment 6
Page 1 of 4 240
ORDINANCE NO. 2016 -
LINE I OF US HIGHWAY 1; THENCE NORTH 250 14'52" WEST, ALONG SAID
WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 213.73 FEET; THENCE SOUTH 89°
02'10"! WEST, A DISTANCE OF 61.39 FEET THENCE NORTH 00° 00'00" EAST, A
DISTANCE OF 24.74 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 33, THENCE
SOUTH 89° 02'05" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 656.66 FEET TO
A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY;
THENCE SOUTH 26° 49'42" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 1,176.06 FEET; THENCE NORTH 63° 10'18" EAST, A DISTANCE OF 73.73
FEET TO A POINT LYING 60 FEET WESTERLY OF THE WEST LINE OF AFORESAID
SECTION 34; THENCE NORTH 00° 00'00" EAST, ALONG A LINE 60 FEET WEST OF
AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 432.28 FEET; THENCE
NORTH 260 44'04" WEST, A DISTANCE OF 415.66 FEET; THENCE NORTH 89° 02'05"
EAST,;A DISTANCE OF 247.02 FEET TO THE POINT OF BEGINNING.
i
PART 2:
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND
BEING IN SECTIONS 33 AND 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF THE
TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA, BEING MORE
PARTII ULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SECTION 34,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE, BEARING NORTH 000 00'00" EAST,
A DISTANCE OF 35.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89° 06'33" WEST, A
DISTANCE OF 6.26 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A
NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
25.00 FEET, RADIUS BEARS AT SAID POINT NORTH 58° 07'30" EAST; THENCE
NORTHERLY A DISTANCE OF 2.20 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 5° 02'47", TO A POINT; THENCE BEARING NORTH
26° 49'42" WEST, A DISTANCE OF 262.45 FEET TO A POINT; THENCE BEARING
NORTH 630 10'18" EAST, A DISTANCE OF 73.73 FEET TO A POINT; THENCE BEARING
NORTH 000 00'00" EAST, A DISTANCE OF 432.28 FEET TO A POINT; THENCE
BEARING NORTH 260 44'04" WEST, A DISTANCE OF 415.66 FEET TO A POINT;
THENCE BEARING NORTH 89° 02'05" EAST, A DISTANCE OF 399.59 FEET TO A
POINT; THENCE BEARING SOUTH 250 14'52" EAST, A DISTANCE OF 410.88 FEET TO
A POINT; THENCE BEARING SOUTH 880 54'03" WEST, A DISTANCE OF 327.86 FEET
TO A POINT; THENCE BEARING SOUTH 000 00'00" WEST, A DISTANCE OF 701.61
FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 12.39 ACRES, MORE OR LESS, SUBJECT TO ALL
EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE
CHAIN OF TITLE.
Paee 2 of 4 241
ORDINANCE NO. 2016 -
is changed from CL, Limited Commercial District, to CH, Heavy Commercial District.
All with the meaning and intent as set forth and described in said Land Development
Regulations.
AND
That the zoning of the following described property situated in Indian River County, Florida to
wit:
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THE
EASTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE
1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33, TOWNSHIP 31
SOUTH, RANGE 39 EAST, RUN NORTH 175 FEET, THENCE WEST 1320 FEET, THENCE
SOUTH 175 FEET, THENCE EAST 1320 FEET TO THE POINT OF BEGINNING, LESS
FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND LESS U.S. HIGHWAY NO. 1
RIGHT OF WAY AND LESS AND EXCEPT RIGHT OF WAY FOR OLD DIXIE HIGHWAY.
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
SAID PARCEL CONTAINING 2.79 ACRES, MORE OR LESS, SUBJECT TO ALL
EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE
CHAIN OF TITLE.
is chanlged from RMH-6, Residential Mobile Home District up to 6 units/acre to CL Limited
Commercial District.
All with the meaning and intent as set forth and described in said
Land Development
Regulations.
This ordinance shall become effective upon filing with the Department of State.
kpproved and adopted by the Board of County Commissioners of Indian River County,
on this 5`h day of April, 2016.
his ordinance was advertised in the Press -Journal on the 15th day of February 2016, for
a public hearing to be held on the 1 St day of March, 2016 at which time it was continued until the
April 5th 2016 Board of County Commissioners meeting at which time it was moved for adoption
by Commissioner , seconded by , and adopted
by the following vote:
Bob Solari, Chairman
Joseph E. Flescher, Vice Chairman
Wesley S. Davis, Commissioner
Page 3 of 4 242
ORDINANCE NO. 2016 -
Peter D. O'Bryan, Commissioner
I! Tim Zorc, Commissioner
I
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
ff--�
Solari, Chairman
ATTEST BY:
Jeffrey Smith, Clerk Of Circuit Court and Comptroller
I
This ordinance was filed with the Department of State on the following
date:
AP V AS' O FO GAL SUFFICIENCY
William K. DeBraal, Deputy County Attorney
f
APPROVED AS TO PLANNING MATTERS
Stan Boling, Aletkommunity Development Director
F•\Community Development\Rezonings\MPM Seven, LP\Ordinance\Ordinance - MPM Seven Rezoning.doc
I
t
Page 4 of 4 243
2-93- 1
Board of ,County
Commissioners
April 5, 2016
M P M Seven, LP
, , Request GL to CH &
R!ezo,n.i,,n-,,9
R- M, H, 6, to GL
Conti-n.u.ed Public Hearing from
March 17, 20116 BCCMeeting
2-93- 1
Future Land Use Map
MPM Seven LP Property
Approximately 15.18 Acres�-
CA Land Use Designation = =
L-2 W .
— = Jaz
z
_= " "lam -
r
Liz
SK`=ate — _ ___— _ �:� syy�,.• - _ _
- -. I-. :. meg•: •, 1,-,��"y,"-k.'s4^' :�.Y= o,
Existing & Adjacent Zoning
• North: RMH-6 • West: Old Dixie Hwy, FEC Railroad, IL,
(Nonconforming Zoning) RM -6 & PD
• South: CH • East: US Highway 1, & CL
n>Pm se ra LP Property N
.. .,
App— 15.18 Acres R'NIL-6 (+/-2.79
acres) to CL S CL (+/-12.39 acres) to _CL
1+., -_.<+..tea: ,, q-1
. , rmuxesa-a.CL'
Pb
i
-
-_-__i C R
-PD
1,
CL RS-3....r....s
6 �-Qaw+aw•. Put -i[ sws+a-s�ws:. _=°�'rq`, =\ _ { ` �� _ Rs.]
2.'J3- 2
Proposed Zoning Map
CL
_' AfPAf Set®
P, /-2.79
-______ Acns CL from RA41-6-R\IH-b.s:y--:' CL •-r?" ,.+"•;�.'
PD
46
CL
N bt
AfPMS—LP,+/-12.39
PD - - IL ,- m Acres CH from CL
tt CH ,r
-_-=-__ _ _- i, tYt•- .fix x , _ �A �.E,Y'ti.� � 4
x+'i<r.1 CL
_ -
CL 1i =-'" RS -3
.s fir"•• r ° —� -�-.. tt -- - - - -
Purpose
• Secure the zoning necessary to use the
site with uses that are allowed under
the CH & CL zoning districts
• Uses under any commercial zoning
district subject to Wabasso Corridor
Regulations
a2�3- 3
CH Zoning
• CH zoning district allows uses such as
storage, warehousing, vehicle
sales/service, and contractor trades
• Generally, lower traffic generating uses
in CH (versus CL)
CL Zoning
• CL zoning district allows uses such as
banks, beauty shops, general and
professional offices, and grocery
stores
• To accommodate the convenience retail
and service needs of area residents
Wabasso Corridor Regulations
• Focus: keep uses & activities indoors/inside
buildings, aesthetics regulations for buildings,
landscaping, signage
• Prohibits the following uses:
— Outdoor display of automobiles/motorized vehicles for sale or
rental
— Outdoor display of mobile homes for sale or rental
— Drive-in theaters
— Recycling centers
— Transmission towers
— Flea markets
— Transient merchant uses
— Outdoor temporary sales events that require temporary use
permits
Planning & Zoning Commission
• January 14, 2016, voted 6-1 to deny
request to rezone entire ±15.18 acres
from RMH6 and CL to CH
• January 22, 2016, Applicant appealed
PZC decision & Modified Rezoning
Request
— Rezone +12.39 Acres from CL to CH
— Rezone +2.79 Acres from RMH-6 to CL
)-N3.5
March 1, 2016 BCC Public Hearing
• Nearby property owners and residents objected
to potential CH uses
• Applicant requested time to meet with the
opposition to:
— review proposed plans for the properties
— identify objectionable uses
— prepare a voluntary restrictive covenant acceptable
to opposing sides that limits use of the subject
properties
• Based on applicant's request, the Board voted
3-2 to continue the public hearing to a date
certain on April 5, 2016
Since the March 1, 2016 BCC Public
Hearing the Applicant:
• Met with interested participants;
• Reviewed lists of "permitted" uses under the
CL and CH zoning districts, same lists shared
with interested participants;
• Agreed to requests from interested participants
regarding a list of uses to be prohibited or
allowed on the subject property to be rezoned;
X43.6
• Developed voluntary restrictive covenants for
the properties limiting the future use of the
proposed CL and CH zoned properties; and
• MPM Seven closed on the subject property on
April 1, 2016 and then recorded the voluntary
use restrictions that same day (April 1St).
• April 4, 2016 delivered a voluntary amendment
to restrictive covenants: held by County
Attorney, to be recorded upon rezoning
approval. Eliminates "Machine Shops".
Voluntary Restrictive Covenants:
• Removed 56 uses from the county's CH use list
leaving 60 allowable uses
— 57 uses removed based on amendment held by
County Attorney
• Removed 16 uses from the county's CL use list
leaving 95 allowable uses
• Future changes to the use list requires"...the
affirmative vote of not less than 80% of the
members of the County Commission"
Highlights of Uses Voluntarily Restricted in CH
• Kennels and animal boarding
• Manufacturing of rubber and
plastic footwear
• General building
contractors/special trade
contractors/construction yards
• Assembly production (not
including manufacturing)
• Carpet and upholstery cleaning
• Hose, belts, gaskets packing
• Drycleaning plants
• Printing and publishing
• Crematoriums
• Trucking terminals
• Body and paint shops
• Air transport services
• General automotive repair
• Public and private utilities
(both limited and heavy)
• Welding
• Communication towers
(wireless facilities)
• Marine repair and service
• Commercial communication
towers (non -wireless facilities)
• Bars and lounges
• Commercial communication
Highlights of Uses Voluntarily Restricted in CL
• Laundries and
• Residential treatment center
laundromats (excluding
drycleaners)
• Bail bondsman
• Group homes (residential
centers)
• Coin-operated
• Public and private utilities
amusements
(limited)
• Enclosed commercial
• Communication towers
amusements
(wireless facilities)
• Liquor stores
• Commercial communication
towers (non -wireless facilities)
• Bars and lounges
z93.8
Criteria Analyzed
• Concurrency
• Consistency with the Comprehensive Plan
• Environmental impact
• Compatibility with surrounding uses
• South/Southeast: CH, no incompatibilities
• North: MH Park, RMH-6 (non -conforming use, site design/buffering to
minimize impacts) , no incompatibilities long term, mitigated short term
• East: CL, Separated by US Hwy 1, no incompatibilities
• West: IL, RM -6, & PD, Separated by Old Dixie Hwy & FEC Railroad, no
incompatibilities y
-�-'aTM:�.n'.�"m'r.YOR2:ts `*k'`` ="•a. _u�: �•�.' " r _.� u «'....��.. _....�"+,-^ uzs z�.'� '::,a; �j
MPM Seven, LP Property
Approximately 15.18 Acres
),41 • 9
Compatibility
• Non -conforming MHP to north not consistent
with land use plan and will eventually be
developed commercial
• MHP may continue as a non -conforming use until
vacated for more than a year or vacated/rezoned
commercial
• Proposed CL matches CL on the other side of the
MHP
• Extra buffer requirement applies to rezoning site
if MHP still in place at time rezoning site is
developed
• Voluntary restrictive covenants
Buffering Between Subject Site and MHP
• In addition: 6' tall opaque feature required (eg
landscaped wall or berm)
Required Per 100 L•ineal:Fdet,
Canopy Trees
Large Small (2" in
(4" indiameter
diameter at 0.5
Type
Width
at feet above
Understory
Shrubs
0.5 feet above grade & 12 ft.
Trees
grade & 18 ft.
height)
height)
Type B
30'
2 2
6
55
25'
2.5 1 2.5
1 8
55
• In addition: 6' tall opaque feature required (eg
landscaped wall or berm)
TYPE a SMER
R�r`j p{���TO p•O"l
To EES
Z�Ch:O?f
LARGE - 18' t7: nEx tr 4'OaM
C
SwlL MEiLHT 2' ABH
\l�
u:,aERrraRT rREEs
j
Swum
R�r`j p{���TO p•O"l
25 fOOT DEEP
�..y.+.2Z
!4�
LARGE2.5
jYr�;.i2Te�i>, • g�
SMALL
ui:ei�i,3p1
Conclusion
Requested CH and CL:
i
• Compatible with surrounding uses
• Consistent with the comprehensive plan
• Area deemed suitable for commercial uses
• Meets Criteria to be Rezoned
• No additional environmental impacts
• Staff supports the request
vN -11
25 fOOT DEEP
�..y.+.2Z
!4�
LARGE2.5
jYr�;.i2Te�i>, • g�
SMALL
ui:ei�i,3p1
Conclusion
Requested CH and CL:
i
• Compatible with surrounding uses
• Consistent with the comprehensive plan
• Area deemed suitable for commercial uses
• Meets Criteria to be Rezoned
• No additional environmental impacts
• Staff supports the request
vN -11
Recommendation
Staff recommends that the
BCC approve the rezoning
request from RMH-6 to CL
and CL to CH
by adopting the ordinance
attached to the agenda item
X43-12
Zoning Along US Highway 1 — Wabasso Corridor
J,;
-.� _;I IRWIN
SIC,
;2.� 3 - 13
Aliffi
AT
po
SIC,
;2.� 3 - 13
Zoning Along US Highway I - South of Wabasso Corridor
A-1
-RS-
R"
A -I
MI
'T
PD
RS4
R53
ss
RS.
MA.
Zoning Along US Highway 1 — Vero Beach North
NilF,-j m
' " '7
RI
- nw%
M
52
RI m
I'M
+1
o143-14
Highlights of Uses Restricted in CH
• Kennels and animal boarding
• General building contractors/special trade contractors/construction yards
• Carpet and upholstery cleaning
• Drycleaning plants
• Crematoriums
• Body and paint shops
• General automotive repair
• Welding
• Marine repair and service
• Bars and lounges
• Printing and publishing
• Manufacturing of rubber and plastic footwear
• Hose, belts, gaskets packing
• Assembly production (not including manufacturing)
• Trucking terminals
• Air transport services
• Public and private utilities (both limited and heavy)
_43.15
Uses Allowed in CH and Not in CL
a Type of Use
PRO
OCR
MED
CN
CL
CG
CHl
Agriculture
Agricultural Production
Kennels and animal boarding
-
-
-
-
-
A
A
Agricultural Services
Landscape services
-
-
-
-
-
P
P
Commercial fishery
-
-
-
-
-
A
P
Commercial
Construction
General building contractors/special trade
contractors/construction yards4
Services
Personal Services
' Linen supply
-
-
-
-
-
P
P
Carpet and upholstery cleaning
-
-
-
-
-
P
P
Drycleaning plants
-
-
-
-
-
-
P
Crematoriums
-
-
-
-
-
P
P
Business Services
Help supply services
-
-
-
-
-
P
P
Auto Repair, Services and Parking
Automotive rentals
-
-
-
-
-
P
P
o ide pa.rlcing and storage
-
-
-
-
-
P
P
Body and paint shops
-
-
-
-
-
-
P
General automotive repair
-
-
-
-
-
P
P
Miscellaneous Repair
Reupholsters and furniture
-
-
-
-
-
-
P
Welding
-
-
-
-
-
-
P
Motion Pictures
Production and distribution services
-
-
-
-
-
P
P
D ive iters (unenelosed commercial
am. cement)
Amusement and Recreation
Unenclosed commercial amusements except
miniature golf courses and driving ranges
Miniature golf courses
-
-
-
-
-
S
A
Driving ranges
-
-
-
-
-
A
A
Wholesale Trade
Durable goods (not including demolition debris site,
junkyards, recycling center)
P
Nondurable goods
-
-
-
-
-
-
P
N •Lading vegeta ,� a res
ing
Retail Trade
IB!Wildingaterials
and garden supplies
-
-
-
-
-
A
P
�e home
A
e trailer
-
General Merchandise
loft
a�3 /�
Uses Allowed in CH and Not in CL
Type(ofkUse PRO ' OCR MED CN
(CL :CG
t
,CH1 {
Auction facilities, unenc o ed
Auction facilities, enclosed - - - -
- p
p
Au_0omotiue i)ealj L!�ervices%p.,.�
New and used,cars dealers' - - - -
- pip
S
Bo t sales an_drreiital's_�•„
A
Q
NMIRecreational veh c' a sales-
- -
A
, A
Nloto.rcy�cledeaiers - - - -
- p
rp.
@ommerciel marina - - - -
Marine repair and service - - - -
- A
- A
""p' "
P
Eating and Drinking Establishments
Drive through restaurants - - - -
- P
P
Bottle'¢Lubs
S
rA-_ f
Miscellaneous Retail
Catalogue and mail order house - - - -
- P
P
I Fuel Dealers - - - -
- p
p
Food and Kindred Products - - - -
- -
P
Fruit and vegetable packing houses _V i - - - -
- A
A _I
Fruit and�vegetAle ju—ge tractibn
Industrial
Printing and publishing - - - -
- -
P
Machine shops - - - -
- -
P
Chemicals and Plastics
Rubber and plastic footwear - - - -
- -
P
Hose, belts, gaskets packing - - - -
- -
P
Assembly production (not including manufacturing) - - - -
- -
P
Transportation and communication
Railroad/Bus Transportation Services
Local and suburban transit - - - -
- P
P
Trucking and courier services - - - -
- -
P
Commercial warehousing and storage - - - -
- -
P
Moving and storage - - - -
- -
P
Trucking terminals - - - -
- -
P
- �o Storage.... - - - -
- -
-A ..,_.?
Vehicle storage lot (paved/unpaved)3 - - - -
- -
P -
Water transport services - - - -
- -
P
Air transport services - - - -
- -
P
, Pipelines - - - -
- -
P
R'e"d lir gdci raters
Freight transport arrangement - P - -
- P
P
Public and' private,utilities; heavy_
Residential Uses '
Accessory housing (watchman) - - - -
- -
P
�vl 2 of 2
R -1
MM MM M M M M M MIM M M M M M M S
Introduction
.....................................................................................................................................................
Michele C. Mellgren, AICP
■ Master's Degree - Urban and Regional
Planning, The George Washington
University
■ 30 years of experience in planning, zoning,
and land use
■ Expert in planning and zoning matters -
qualified in Circuit Court
Ir
w
� The Mel�p
�nror Qi yp
S.umm.a.ry..of Findin�s......................................................................................
......................
. . .
PROPOSED APPLICATION CANNOT BE
APPROVED
■ Inconsistent with Comprehensive Plan
■ Contrary to generally accepted planning
principles and practices
■ Contrary to adopted land development
code
C..omprehensive Plan
........................................................................................................................
Policy 1.44 addresses location of CH zoning:
Not desirable near residential
uo
S rne�,t�
S
Allowed CH Uses
....................................................................................................................................................
Includes business and retail, but also very
intense uses:
-Paint and body shops
-Dry cleaning plants
-Carpet and upholstery cleaning
-Fuel dealers
-Auction houses
-Crematoriums
,., Maxn*ff(Cf»t�pon
t i M
� M M M a M M M M M M® M M M M M M M
Allowed CH Uses
....................................................................................................................................................
-Noxious odors
-Fumes
-Particulates
-Noise
Includes toxic gases and mercury
THESE ARE AIRBORNE
S
?hefgso A.l►,n�'�
�,s
°•°°•••°°•••••es••••e••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
°
•
•
Residential and Vacant Land lUse
Li
a ._ .rte -'4t `Q''� ` .. II\ ,•� ti p .n
jv lwi•? j �•
.`
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u.
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:
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Residential
o soo i000 °
Undeveloped/Vacant
Golf Course °
°••••s°°e°°•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••d
�J �ianrnny
Land Development Regulations
.............................................................................
Sec. 911.10(2) (e) Purpose of CL District:
Convenience retail and service needs of area
residents, while minimizing the impact of such
activities on any nearby residential areas.
cA
Pl�i ntng gaup
® � � e M s s ® _ ® M ® ® ■a M ® M ® M
Land Development Regulations
......................................................................................
Sec. 911.10(2) (g) Purpose of CH District:
Wholesale trade, major repair services and
restricted light manufacturing. Support services
for commercial and industrial uses.
Not supposed to be near residential uses.
W � rhannmr,�
�Q
Land Developmente.gutions Rla
.......................................................
Sec. 911.118(l)(a)thru(e) Wabasso Corridor
-Maintain small town feeling
-Mix of uses including businesses and variety of
residential option.
CH not meant to be near residential uses
O
s s s M M® M s® M® M® M M
Land Development Regulations..............................................................................................
Sec. 902.12 contains criteria you must consider
when evaluating a rezoning request. Must
consider all the criteria.
N C'1 r�ann�roi r'.
S
W
e M M M M M s M M M M M M M s M s� M
Land Development Regulations
............................................................................................
Whether or not the proposed amendment is
consistent with all elements of the
Comprehensive Plan.
Request is contrary to key policy.
W/),The IE�►1FOrQe
N
Land Development Regulations................ ...........................................................
Whether or not there have been changed
conditions which would warrant an
amendment.
No substantial, competent evidence presented.
r'�annmi�
S
l.�v
Land Development Regulations
............................................................................................
Whether or not proposed amendment would
result in significant adverse impact to the
environment.
Intense CH uses will result in significant impacts.
s
S
The MOnriDn
Land Development Regulations
............................................................................................
Whether or not proposed amendment would
result orderly and logical development pattern.
Rezoning will result in illogical development
pattern.
W � i='Iflnnm%�iCrwM1
Im
Land Development Regulations
........................................................................
Whether or not proposed amendment would
be in conflict with public interest and is in
harmony with intent and purpose of code.
Noxious CH uses are contrary to public interest.
hekllbpron
=itn m}'� �Uflj1
Land Development Regulations
............................................................................................
Policy 1.43 of Comprehensive Plan states
Commission may deny rezoning request, even if
it is consistent with the land use designation, if
denial serves a legitimate public purpose.
Denial will protect health, safety, welfare of
residents.
N
W,
T
i +c F-1-7
conclusion
....................................................................................................................................................
Review and analysis of adopted
Comprehensive Plan and land development
code, and consideration of accepted planning
principles and practices, result in a finding that
the proposed rezoning to CH is contrary to both
adopted documents, as well as planning
principles and practices.
PROPOSED REZONING MUST BE DENIED.
s
/J, The �11gn¢n
do
MICHELE C. MELLGREN, AICP
PROFESSIONAL QUALIFICATIONS
EDUCATION
Master's Degree: Urban and Regional Planning
The George Washington University, Washington, D.C.
Concentration: Urban Design
Bachelor of Arts Degree: Fine Arts
The George Washington University, Washington, D.C.
Concentration: Design
Charrette Facilitation and Management: Full Certification
National Charrette Institute, Portland, OR
PROFESSIONAL MEMBERSHIPS OR DESIGNATIONS
American Institute of Certified Planners (AICP)
Membership Number 012361— Effective 1996
This is the highest level of earned professional planning certification
American Planning Association (APA) — National Chapter
Membership 057672 - Effective 1986
Florida American Planning Association (FAPA)
Membership effective 1989
Broward County Section of American Planning Association (BAPA)
Membership effective 1989
AFFILIATIONS
Broward County Section of American Planning Association Board Member (2000-2001)
Bro;ward County Marine Advisory Committee County Commission Appointee (1995)
Northern Virginia Transportation Committee (1987-1989)
AWARDS OR RECOGNITIONS
Florida Department of Community Affairs (2004)
Invited member of the Department of Community Affairs' Evaluation and Appraisal Report Technical
Advisory Committee
City of Fort Lauderdale, FL (2001)
Requested to provide professional leadership to planning department on interim basis
Habitat for Humanity Harmony Village -Certificate of Appreciation (1996)
Community volunteer efforts
updated 2/29/2016 at 9:12 AM ;. l3 hI n
Broward County Board of County Commissioners -Certification of Appreciation (1996)
Community volunteer efforts
City of Fort Lauderdale -Certificate of Appreciation (1995)
Community volunteer efforts for participation in American Assembly for the New Century
South Florida Marine Industries Association Boatee Award (1994)
Excellence in supporting and promoting the industry in the City of Fort Lauderdale
International Federation of Housing and Redevelopment Officials, Budapest, Hungary (1985)
International award recipient representing United States in competition against 23 other nations for
excellence in plan design for the redevelopment of post -World War I/ housing
International Association of Housing and Redevelopment Officials, Washington, D.C. (1985)
National recipient for excellence overall plan and site design for redevelopment of post -World War II housing
TEACHING OR LECTURING
Guest Panelist -Palm Beach County Planning Congress, Inc., Palm Beach, FL
Ethics and Planning (2011)
Guest Panelist -Florida Planning & Zoning Association Annual Conference, Naples, FL
Utilizing and Managing Planning Consultants (2011)
Guest Lecturer -Barry University Planning Class. Davie, FL
Introduction to Zoning Regulations and Site Plan Review (2009)
Guest Lecturer -Florida Atlantic University Urban Planning Department, Davie, FL
Overview of Urban Planning in Local Government (1996)
Guest Panelist -International Marina Institute International Conference, Atlanta, GA
'Land Use and Environmental Compatibility of Marinas with Live Aboard Vessels (1993)
Guest Lecturer- International City Manager's Assoc., South Padre Island, TX
Redevelopment Efforts and Controlling the Effects of Spring Break (1990)
CONSENSUS BUILDING
City of Deerfield Beach, FL (2015)
Cove Overlay District regulation amendment workshop with businesses
City of Sugar Hill, GA (2015)
Housing Analyses and visual preference workshop with citizens
City of North Miami, FL (2015)
Density and intensity increases throughout the city—workshops with citizens
City of Dania Beach, FL (2009)
Community -wide workshops for Westside redevelopment plan
City of Wilton Manors, FL (2003)
Proposed zoning regulations workshop with citizens
�_43f�'26
ED REDEVELOPMENT PLANS AND COMPREHENSIVE PL
rehensive Plan", City of Parkland, FL (2015, in progress)
prehensive Plan", City of North Miami, FL (2015 in progress)
"Westside Master Plan", City of Dania Beach, FL (2009)
"Community Redevelopment Plan", City of Dania Beach, FL (2008)
"Comprehensive Plan", City of North Miami, FL (2008)
"Comprehensive Plan" City of Tamarac, FL (2008)
"Comprehensive Plan", City of North Miami Beach, FL (2007)
"Comprehensive Plan", Miami Shores Village, FL (2007)
"Federal Highway Corridor Plan", Pompano Beach, FL (2006)
"Evaluation and Appraisal Report" of the Comprehensive Plan. Sunrise, FL (2006)
"Evaluation and Appraisal Report" of the Comprehensive Plan. Parkland, FL (2006)
"Evaluation and Appraisal Report" of the Comprehensive Plan. Tamarac, FL (2006)
"Evaluation and Appraisal Report" of the Comprehensive Plan. Wilton Manors, FL (2006)
"Evaluation and Appraisal Report" of the Comprehensive Plan. Miami Shores Village, FL (2005)
"Evaluation and Appraisal Report" of the Comprehensive Plan. North Miami Beach, FL (2005)
"Southwest Ranches Comprehensive Plan "Review and commentary on proposed provisions. Town of Southwest
Ranches, FL (2002)
"Federal Highway Corridor Community Redevelopment Plan," Boynton Beach, FL (2001)
"Evaluation and Appraisal Report" of the Comprehensive Plan. Land Use, Conservation, Recreation and Open
Space, Intergovernmental Coordination Elements. Davie, FL (1994)
OTHER AUTHORED DOCUMENTS AND MONOGRAPHS
Eco Inomic Impact of Runway Expansion on Residential Values and Ad Valorem Revenues as part of the Westside
Master Plan (2009).
"Lauderdale Lakes Affordable Housing Analysis," (2008).
i
"Analysis of the M-1 Zoning District for the City of Boynton Beach," (2006).
"An 'Analysis of the Affordable Housing Issue in Southwest Ranches, Florida," (2005).
"Analysis of Affordable Housing in Three Broward County, Florida Communities," (2005).
"Analysis of the Impact of General Commercial Uses and of Fuel Sales Facility Uses on the Assessed Value of
Single Family Residential Uses," (2003).
3
2-q3H-Z)
"Analysis of the Economic Impact of Exempting Regional Activity Centers from Traffic Concurrency," (2001).
"Analysis of the Economic Impact on Fort Lauderdale of Vessels in Excess of Eighty Feet in Height, " (1994).
"The Economic Impact of Environmental Protection Regulations on the Budget of Municipal Government,"
(1993).
"Branch Office Expansion Plan," (1987). Short and long range development plan utilized multiple regression
analysis with place of employment and place of residence as variables to determine future office locations.
PROFESSIONAL EXPERIENCE
Michele Mellgren, AICP, has more than twenty-five years of public and private sector experience in urban planning,
zoning and land use, including providing expert witness testimony, where she has qualified in circuit court as a
planning expert. She is the principal of The Mellgren Planning Group, which was established in 1998 to provide
professional planning, zoning, land use and expert witness consulting services to the public and private sectors.
Ms. Mellgren has current extensive experience in all phases of planning, zoning and land use matters, providing
services to a number of local governments and private clients. Her current experience routinely includes undertaking
land use plan amendments; rezonings; variances; redevelopment plan preparation; development research; economic
impact analyses; zoning code and land development code preparation, interpretation and application; and, providing
expert witness testimony. She has provided expert witness testimony in more than 500 public hearings and has also
qualified as an expert witness in Circuit Court. She also serves as the planning and zoning official for the City of
Parkland, Florida, and serves as the planning official for the Town of Southwest Ranches.
Until the establishment of the firm, Ms. Mellgren worked from 1994 to 1998 for the Town of Davie, where she was
' the Director of Development Services. In that capacity, she was responsible for preparing and administering the
comprehensive plan, the zoning code and land development regulations. She also reviewed and made
recommendations for all related applications, many of them in a quasi-judicial setting as an expert witness for the
' Town. These applications included site development plans, land use plan amendments, rezonings, variances, special
permits plats and delegation requests. Ms. Mellgren also directed the operations of code compliance, building
permits occupational licensing and community redevelopment, overseeing an annual budget of approximately $3.5
million.
Prior to' joining the Town of Davie, Ms. Mellgren worked from 1989 to 1994 for the City of Fort Lauderdale as
Development Programs Manager. In this capacity, she undertook a variety of unique and complex planning projects
-' and programs. Ms. Mellgren was responsible for implementing segments of the beach redevelopment plan;
advocating for the marine industry and marine development community; streamlining the housing redevelopment
program; and, preparing economic analyses.
Before she joined the public sector in Florida, Ms. Mellgren served in the private sector in the Washington, D.C. area
from 1985 until 1989. During this time, she worked for Dewberry & Davis, a large planning and engineering
consulting firm, to provide comprehensive consulting services to the development community. Subsequently, she
worked for Winchester Land, a land development and home building subsidiary of the Weyerhaeuser Company.
While working for Dewberry & Davis, she assisted in processing numerous rezonings and land use application
'projectsi. She also prepared a comprehensive short and long-range expansion plan for the area's leading financial institution. As Development Manager for Winchester Land, Ms. Mellgren was responsible for identifying and
resolving issues to allow for land development projects.
MATERIAL SUPPORTING THE DENIAL
OF
MPM SEVEN, LP REZONING REQUEST
March 1, 2016
y- -S. A
i
Policy 1.40• ;The county shall permit Planned Development zoned projects located on
residentially designated land between 41" Street and 451h Street, and between US 1 and Indian
River Boulevard to consist of a tnix of office and residential uses. No more than 20% of the
project area shall be devoted to office uses.
Policy 1.41. The county shall encourage the school board to locate schools near urban residential
areas. The county will do this by allowing schools within all residential zoning districts; by
coordinating with the school board to establish a process for preliminary county review of school
sites before the'school board acquires or leases property for a new school, and by limiting school
sites within agriculturally designated areas to mixed use projects, traditional neighborhood
design projectsl, and sites that are contiguous to the urban service area boundary
Policv 1.42: TI the extent feasible, the county shall collocate public facilities, such as parks,
libraries, and community centers, with schools.
I
Policy 1.43. The Board of County Conunissioners shall rezone land only in a manner that is
consistent with Future Land Use Element Table 2.14. Furthermore, the Board recognizes that
not every zoning district allowed in a land use designation is appropriate for every site within
that land use designation. For any parcel, the Board of County Commissioners may deny a
rezoning request (even when the requested zoning district is consistent with the parcel's land use
designation) if the denial serves a legitimate public purpose. A Board of County
Commissioners' determination that the requested zoning district is not appropriate for the parcel
may also be based upon the absence of the following locational criteria.
1 For the OCR, Office, Conunercial, Residential zoning district:
• adjacent to existing office uses
• as a buffer between residential zoning districts and arterial roads or other
commercial zoning districts.
e at node perimeters
2. For the MED, Medical zoning district:
within commercial/industrial nodes containing hospitals and major medical
facilities
• separated from industrial areas
3 For the CL, Limited Commercial zoning district:
a areas that are easily accessed from residential areas
e between residential areas and general commercial areas or major roadways �rz12nT
• separated from industrial areas
at node perimeters
4 For the CG, General Commercial zoning district:
along arterial roads and major intersections
separated from residential development
separated from industrial areas
• near retail and office areas
Future Land Use Element 149
oZ4 3 S .;
5 For the CH, Heavy Commercial zoning district:
�• along arterial roads
• along railroad tracks 4,14,eA7'
I• between general commercial and industrial areas Rlr,$-e1I'_
• separated from residential development Iqeit7-
6. For the IL, Light Industrial zoning district:
• along arterial roads
• along railroad tracks
near industrial areas
separated from residential development
• separated from retail and office areas
7 For ithe IG, General Industrial zoning district:
• along arterial roads and major intersections
along railroad tracks
• near industrial areas
o separated From residential development by a major roadway or intervening
property
separated from retail and office areas
8. For single-family zoning districts:
adjacent to other single-family areas
• separated from major commercial areas and industrial areas
9 For multiple -family zoning districts:
• adjacent to other multiple -family areas
• adjacent to employment centers
• along arterial and collector roads, particularly to buffer single-family areas
• adjacent to commercial uses, particularly to buffer single-family areas
• not abutting single-family areas on all sides
Additionally, the Board hereby adopts the following general criteria regarding the location of
residential zoning districts:
10. Where medium density residential lands abut low density residential land, the
medium density land may be zoned an intermediate density
I I Residentially designated land that is located between higher density and lower density
zoned areas may be zoned an intermediate density even when the intermediate zoned
area ias a land use designation that allows a higher density
Policy 1.44 The' county will evaluate requests to rezone CH and/or IL -zoned areas to CL or CG to
ensure that sufficient CH and IL zoned land will remain if the rezoning is approved. In so doing, the
county will favorably consider those types of rezonings where the subject property is located along
high-volume roadways or adjacent to residential areas. The county shall maintain existing CH or IL
zoning areas that are not located along high-volume roadways or not located near residential areas.
Future Land Use Element 150
ati3-g3
SAMPLING OF USES ALLOWED IN THE CH -HEAVY
COMMERCIAL ZONING DISTRICT
ontractors/Construction Yards
Crematoriums
Dry Cleaning Plants
Body and Paint Shops
Reupholsters and Furniture
Welding
Auction Facilities, Unenclosed
Marine Repair and Service
Fuel Dealers
Fruit and Vegetable Packing Houses
Fruit and Vegetable Juice Extraction
Industrial Uses
Printing and Publishing
Machine Shops
Rubber and Plastic Footwear
Hose, Belts, Gaskets Packing
Assembly Production (not including manufacturing)
Truck and Courier Services
Commercial Warehousing and Storage
I
Moving and Storage
Tucking Terminals
i
Vphicle Storage Lot (paved/unpaved)
Pipelines
Public and Private Utilities, Heavy
1
100036440.DOCX.1 }
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r .'d r .�± a �l� di\ 1+.':._# e+ � •. k�•.� t_ 'ter. r Y . ��' ! �,_tr ,�. F' 1_arr�fis+.::� ,
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Policy 9.13 By 2011, the county shall control the visual clutter created by temporary signs by
adopting development regulations that establish limits on where temporary signs are to be
allowed, on the number of temporary signs allowed, and on the duration that temporary signs
may be postedi
Policy 9.14 To combat monotony in single-family residential developments, the county shall
adopt development regulations requiring that applicants submit design guidelines for all new
residential planned developments. Such guidelines shall be project -specific and require approval by
the Planning and Zoning Commission prior to release of development plans for construction. PD
design guidelines shall address all of the following criteria:
• garage placement and scale;
• variations in building placement;
• frequency of use for a model within the same subdivision;
• building materials (fagade and roof);
• building massing and architectural details that relate to articulation;
• the project's appearance from adjacent public streets;
•
internal streetscape;
• enforcement mechanisms; and
• any' additional requirements deemed necessary by the Planning and Zoning
Commission to limit residential monotony within the project.
Policy 9.15 The county shall not require buffers between similar residential uses.
OBJECTIVE 10: NONCONFORiNUNG USES
With the exception of legally established non -conformities, all new development in Indian
River County will be consistent with the future land use map.
Policy 10.1 Indian River County land development regulations shall allow legally established
non -conforming uses to continue until ceased. When a non -conforming use has ceased, it can be
replaced only with a conforming use. All new development, even development associated with
non -conforming structures, must meet current regulations.
Policy 10.2. To allow for the reasonable use of such properties, Indian River County shall permit
the development of nonconforming lots of record legally established under regulations in effect
at die. time that the lot was created. Provisions of this policy shall not apply to plats of
reclamation, except when non -conforming parcels have been transferred by deed prior to
February 13, 1990.
Policy 10.3 The county shall provide courtesy notification to adjacent property owners regarding
staff determinations involving existing nonconforming non-residential uses.
Policy 10.4 Multi -family residential sections of The Moorings that were zoned Rlv1-10 prior to
February 13, 1990 shall be allowed to maintain their RA/1-10 zoning and shall be considered
Future Land Use Element 167
X43 8 -;
L--5 )�
Joseph E. Flescher
From: Brian Lieberman <bdlebo@yahoo.com>
Sent: Friday, February 26, 2016 11:05 AM
To: Joseph E. Flescher
Subject: + Appeal RZON#2002090043-75772
I
Dear Commissioner Fletcher,
Please read this letter into the record at the March 1st County Commissioner hearing
regarding the rezoning of the land by MPM Seven from CL to CH (Appeal
RZON#2002090043-75772)
My family and I reside in the Heritage Trace at Hobart Landing subdivision which is
located on 79th Street across from the above referenced property. We are strongly
opposed to the property being rezoned from Commercial Light to Commercial Heavy.
Rezoning from Commercial Light to Commercial Heavy directly conflicts with the existing
Wabasso Corridor Plan that was developed back in February of 2000 by the Wabasso
Corridor Plan!Task Force in cooperation with the Indian River County Community
Development Department and Urban Resource Group. In addition, this change will
certainly present some adverse effects. These are increased noise, air pollution, light
intrusion ands increased traffic to an already busy highway. Increased crime and the
"slippery slope" potential for land use changes to move further into the surrounding
residential neighborhoods are also of concern.
Thank you for your consideration in this matter.
Respectfully,
Brian & Dayle Lieberman
4250 79th St.
Vero Beach, Florida 32967
(772) 321-5726
i
Z.l 3 C - l
Joseph E. Flescher
From:
Sent:
To:
Subject:
Attachments:
Good Morning Mr. Flescher
Robert Greason <ragreason@bellsouth.net>
Tuesday, February 23, 2016 9:27 AM
Joseph E. Flescher
Rezoning US 1 Property Wabasso Corridor
Joseph Flescher Commissioner.pdf
Please find the attached letter regarding the proposed zoning change for the property on US 1 in the Wabasso
Corridor. Look forward to seeing you at the hearing.
Regards,
Bob Greason
Vice President
Hobart Landing Home Owner Association
i
i
tj
I
1
Dt
l�
t
J 01
paq
County Commission Joseph Fletcher
180127th Street
Vero Beach, FI 32960-3388
Dear Commissioner Fletcher,
Please read this letter into the record at the March 1st, 2016 county commission hearing regarding the
re -zoning of the land owned by MPM Seven from CL to CH. Appeal RZON#2002090043-75772.
I live in Hobart Landing and I do not want to see this property changed from CL to CH.
We, the residents of Hobart Landing, the residents of Heritage Trace, and the residents of the Palm
Paradise mobile park are very concerned with this request to change the above property to
Commercial Heavy.
We live in wonderful and unique area of Indian River County that has remained unchanged for many
years. It surprises me that the commission would consider rehearing this appeal based on the fact that
the area is part of the Wabasso Corridor, an area that was pledged to remain void of heavy industrial
type businesses. At the planning and zoning hearing the members rejected this request by a vote of 5 to
1. 1 noticed that the new request was amended to change the RMH-6 zoned property to Commercial
Limited rather than CH. Perhaps this was deemed necessary in an attempt to appease the county
commission. As you can guess, this would not appease the residents of the Palm Paradise. What little
buffer is offered to isolate the Palm Paradise mobile park from what could become an industrial type
business; I'm sure would be inadequate. The property directly north of Hobart Landing is now the Toni
Robinson Waterfront Trail owned by the Indian River Land Trust (IRLT). It contains an abundant
assortment of wildlife that would obviously be jeopardized by the presence of an industrial complex.
The land south of 79th street( Hobart Landing, & Heritage Trace entrance) is also part of the IRLT
conservation properties.
I urge you to deny this request to re -zone this property and let it remain as it is so that the residents
nearby can continue to enjoy the peaceful and serene environment that exists here now.
Sincerely,
✓(�^� xz�
Glen Burr
pres. Hobart Landing
Homeowners Association
772-56318503
hebegb52@hotmail.com
cc: Wesley Davis, Tim Zorc, Bob Solari, Peter O'bryan
Bob Solari
Chairman
District 5
Joseph E. Flescher
;Vice Chairman
District 2
February 26, 2016
Felicity Rask
42057 91h Street
Vero Beach, FL 32967
Dear Ms. Rask,
ORtO A
Wesley Davis
District 1
Tim Zorc
District 3
Peter D. O'Bryan
District 4
The Board of County Commissioners is in receipt of your letter in reference to the Quasi -Judicial Public
Hearing of MPM Seven, LP Request to rezone +/-12.39 acres from CL (Limited Commercial District) to CH
(Heavy Commercial District) and a request to rezone =/- 2.79 acres from RMH-6 (Residential Mobile
Home District up to 6 units/acre) to CL (Limited Commercial District).
It is the policy of the members of the Board that the Board of County Commissioners DO NOT consider
any communication regarding this case prior to the public hearing which is scheduled for Tuesday,
March 1, 2016 starting at 9:00 a.m. The hearing is set in the Agenda under 10.A.1— Public Items, Public
Hearings. Back-up for this item can be viewed on the Indian River County webpage at www.ircgov.com
under BCC Agenda items. If you are unable to view this on our webpage, a copy can be emailed or faxed
to you.
It is the policy of the members of the Board that the Board members DO NOT discuss or view items
received for Quasi -Judicial items with either side of the issue prior to the item being heard by the entire
Board. In a Quasi -Judicial case, the Board of County Commissioners sits as "judge and jury" and evidence
is presented and considered in the public hearing.
Your letter will be available to the Board members and will be placed in a folder for consideration on
Tuesday morning for the official record. We encourage you to appear before the Board of County
Commissioners and present testimony in person.
Please contact the County Attorney, Dylan Reingold, at 772-226-1424 or the Community Development
Director, Stan Boling, at 772-226-1230 if you need any additional information
Sincerely,,
isa Hi
Commissioner Assistant
772-226-1919
(hill@ircgov.com
1801 2Pt, Street, Building A
Vero Beach, FL 32960
(772) 226-1490
dtg3e,- 4
7 , -.
Mr. Flescher,
March 18 2016
I would like you to read this at your 5 April 2016 hearing concerning the
rezoning of the parcel of property North of 77 Street on Highway 1 from
commercial to commercial heavy.
I was transferred to Vero Beach by the company I worked for
(The Home Depot) in 2003. 1 looked around the town for about two weeks
looking for a place to live where I could put the travel trailer, I had at the
time, and feel comfortable. I finally found Palm Paradise very much to my
liking. It was, and is,_ just what I was looking for. Quiet, Clean, very__nice
people, and good management. I retired in 2011 and decided to stay in this
Park. I sold my travel trailer and purchased one of the stationary units the
Park has to offer. I have been a residence of Indian River County for 13 years.
Palm Paradise is still as I found it in 2003. Quiet, Clean nice people and
managed well. The park has had three owners in my 13 years. All three being
good owners and the quality has remained good. Mr. Brehm (Bill), the
present owner, to me, is the best owner of the three. I would hate to see
the quiet stop, the cleanliness threatened, and the residence quality of life,
as we know it, get lost with the abutting land becoming Commercial Heavy
from its present zoning of commercial. I hope your committee will consider
my thoughts and feeling as you make your decision in this matter.
Sincerely, Richard (Dick) D'Elia
--Vju�� m-�'
7941 US Highway 1, Lot #2
Vero Beack, FL. 32967
a�V-S G? --7
Joseph E. Flescher
From: Sylvia Larsen <sylviablarsen@gmail.com>
Sent: Monday, April 04, 2016 3:06 PM
To: Joseph E. Flescher
Subject: Please Oppose rezoning US 1 on Apr.5
Dear Commissioner Flescher.
As you represent our area on the Commission, we need your advocacy amongst your fellow Commissioners to help us
defeat the rezoning issue tomorrow.
I am writing to ask for your NO vote on the proposed zoning change which is up for a hearing tomorrow, April 5, on US 1
across from Hobart Landing.
As a resident of Hobart Landing,my family developed this residential area over 50 years ago to enjoy and preserve the
special environmental assets that are so unique to this Indian River setting. To allow heavy industry across the street
would be a blight on the landscape, reduce property values, and deter future high-end higher -tax developments.
I share the deep opposition of ALL my neighbors and many members of the Indian River Land Trust to a zoning change
on this land which would have a detrimental effect on the residential quality of the "Wabasso Corridor" and those of us
who live along this route.The IRLT newly developed Toni Robinson Trail and recently preserved land across from this
heavy industry proposal would be significantly and adversely affected, as well.
Furthermore, I believe the 2000 Wabasso Corridor plan, adopted by the County, supercedes other zoning efforts and it
does not include allowances for heavy industry in this area, so a "yes" vote would be out of order.
Here are some of the reasons you should vote NO:
CL zoning must benefit the residents in the surrounding areas - CH zoning does not have to benefit residents and can be
detrimental to the area residents.
CH zoning right across the street could have a negative impact on the environment.
CH zoning may increase noise, light, and air pollution in our residential area.
CH zoning right across the street from our neighborhood may decrease our property values
For these reasons, I ask for your no vote and , like my neighbors, I will be attending the hearing in anticipation of the
Commission rejecting this ill-advised rezoning request.
Thanks for your thoughtful consideration of this, Sincerely, Sylvia B. Larsen Granddaughter of Wm. and Edward Hobart
a
.2 q.3 e -S
Bob Solari
From: Sylvia Larsen <sylviablarsen@gmail.com>
Sent: Monday, April 04, 2016 3:16 PM
To: Bob Solari
Subject: Please vote NO on rezoning US route 1 from CL to CH
l
Dear Commissioner and Chairman Solari,
Your attendance and speaking at Orchid Island Club on the issue of high speed rail was impressive and I appreciated your
willingness to hear out the residents. Now we have another issue of significant importance tomorrow before the
Commission and need your help.
I am writing to ask for your NO vote on the proposed zoning change which is up for a hearing tomorrow, April 5, on US 1
across from Hobart Landing.
As a resident of Hobart Landing,my family developed this residential area over 50 years ago to enjoy and preserve the
special environmental assets that are so unique to this Indian River setting.
To allow heavy iridustry across the street would be a blight on the landscape, reduce property values, and deter future
high-end higher -tax developments.
I share the deep opposition of ALL my neighbors and many members of the Indian River Land Trust to a zoning change
on this land which would have a detrimental effect on the residential quality of the "Wabasso Corridor" and those of us
who live along this route.The IRLT newly developed Toni Robinson Trail and recently preserved land across from this
heavy industry proposal would be significantly and adversely affected, as well.
Furthermore, I believe the 2000 Wabasso Corridor plan, adopted by the County, supercedes other zoning efforts and it
does not include allowances for heavy industry in this area, so a "yes" vote would be out of order.
Here are some of the reasons you should vote NO:
CL zoning must benefit the residents in the surrounding areas - CH zoning does not have to benefit residents and can be
detrimental to the area residents.
CH zoning right across the street could have a negative impact on the environment.
CH zoning may in noise, light, and air pollution in our residential area.
CH zoning right across the street from our neighborhood may decrease our property values
For these reasons, I ask for your NO vote and , like my neighbors, I will be attending the hearing in anticipation of the
Commission rejecting this ill-advised rezoning request.
Thanks for your ti oughtful consideration of this, Sincerely, Sylvia B. Larsen Granddaughter of Wm.Hobart
Tim Zorc
From: Sylvia Larsen <sylviablarsen@gmail.com>
Sent: Monday, April 04, 2016 3:09 PM
To: j Tim Zorc
Subject: j Please vote no on rezoning Route 1 tomorrow
Dear Commissioner Zorc,
I am writing to ask for your NO vote on the proposed zoning change which is up for a hearing tomorrow, April 5, on US 1
across from Hobart Landing.
As a resident of Hobart Landing,my family developed this residential area over 50 years ago to enjoy and preserve the
special environmental assets that are so unique to this Indian River setting. To allow heavy industry across the street
would be a blight on the landscape, reduce property values, and deter future high-end higher -tax developments.
I share the deep opposition of ALL my neighbors and many members of the Indian River Land Trust to a zoning change
on this land which would have a detrimental effect on the residential quality of the "Wabasso Corridor" and those of us
who live along this route.The IRLT newly developed Toni Robinson Trail and recently preserved land across from this
heavy industry proposal would be significantly and adversely affected, as well.
Furthermore, I believe the 2000 Wabasso Corridor plan, adopted by the County, supercedes other zoning efforts and it
does not include allowances for heavy industry in this area, so a "yes" vote would be out of order.
Here are some of the reasons you should vote NO:
CL zoning must benefit the residents in the surrounding areas - CH zoning does not have to benefit residents and can be
detrimental to the area residents.
CH zoning right across the street could have a negative impact on the environment.
CH zoning may increase noise, light, and air pollution in our residential area.
CH zoning right across the street from our neighborhood may decrease our property values
For these reasons, I ask for your no vote and , like my neighbors, I will be attending the hearing in anticipation of the
Commission rejecting this ill-advised rezoning request.
Thanks for your thoughtful consideration of this, Sincerely, Sylvia B. Larsen Granddaughter of Wm.Hobart
�
F3 ( -- IO
County Commissioner Joseph Flescher
1801 27th Street
Vero Beach, FL 32960-3388
Dear Commissioner Flescher:
4205 79th Street
Vero Beach, FL 32967
February 22nd, 2016
Please 'read this letter into the record at the March lst County Commissioner hearing
regardijng the rezoning of the land by MPM Seven from CL to CH. Appeal
RZON#2002090043 -75772
We purchased our house in Hobart Landing above market value because of its proximity to the
Indian River Land Trust preserves on the North and South sides and the Indian River Lagoon on
the the East. Any kind of heavy commercial development to the West of the Landing would
affect our property value and be incompatible with our unique setting.
Every house on 79th St and both preserves are within a short distance of the DOT ditches that
drain US 1 and surrounding areas directly into the lagoon. Heavy commercial development on
the West side of US1 will adversely affect the preserves, the Lagoon and our properties
Sincere
John Ed on
` o
Felicity Rask
cc: Wesley S. Davis
Tim Zork
Peter D. O'Bryan
Bob Solari
E. Flescher
From: KEVIN P GALVIN <keving04@hotmail.com>
Sent: Tuesday, February 23, 2016 9:00 AM
To: Joseph E. Flescher
Cc: ragreason@belIsouth.net
Subject: Zoning change
Dear Commissioner Fletcher:
(I wrote to you yesterday, however, the message was returned to me so I am resending it. If you receive both,
you can smile and realize how strongly we feel!!!)
We are residents of Hobart Landing and wish to respond to the upcoming March 1st County Commissioner
Meeting in which a hearing regarding the rezoning of the land by MPM Seven from CL to CH will be addressed
(Item: Appeal RZON#2002090043-75772).
We are against the rezoning of this parcel of land for many reasons: primarily, the impact that such a change
will have on our neighborhoods and the environment. As you know, this land is situated very near the Indian
River Lagoon and changing the zoning to Commercial Heavy Usage will affect the industries that will be
allowed. The approved usages will adversely affect the environment and our neighborhoods.
We ask that you to vote against this change and and thank you for joining us in protecting our community.
i
Respectfully submitted,
Kevin and Celeste Galvin
3586 Lucia Drive
Vero Beach, FL 32967
Phone 589-9368
P. S. While walking along the Sebastian River today, I saw a gentleman wearing a shirt with "Elect Joe
Fletcher." I approached him asking that he mention our plight to you. Hopefully he did.
aq-9 Cr 1,
Joseph E. Flescher
From:
Sent:
To:
Cc:
Subject:
Sent via email and US Mail to:
Vice Chairman Joseph Flescher
180127 Ih Street
Vero Beach, FL 32960 - 3388
'flescher irc ov.com
I
With a copy to:
Vice Chairman Joseph Flescher
279 Joy Haven,Drive
Sebastian, FL 32958
Caitlin Rissman <youloveyourlawyer@gmail.com>
Tuesday, February 23, 2016 9:45 AM
Joseph E. Flescher; Wesley S. Davis; Tim Zorc; Peter D. O'Bryan, Bob Solari
Glen Burr; Bob Greason; Caitlin Rissman, Patrick Hoy
Hobart Landing zoning change opposition
February 23, 2016
Re: Hobart Landing zoning change opposition
i
Dear Commissioner Flescher,
I
Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the
rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772.
i
i
I live in Hobart Landing and I strongly oppose changing the zoning on the property at issue from CL to
CH. Surprisingly, although we were aware of the recent decision issued by the zoning board denying this zoning
0% 0 \J v
change request, no one in my neighborhood was notified of the current hearing to overturn that denial by any of
the parties directly involved. Please understand that there are many residents that live in and around this area and
applying a CH zoning classification to a property without regard to its residential area surroundings would be
unfair and unjust.
The property at,' issue is currently and should remain zoned for light commercial use - uses that are intended to
accommodate the convenience, retail, and service needs of the area residents, while minimizing the impact of
such activities on the residential areas. CH, on the other hand, is not designed or intended to support the area
residents, or minimize impact of its activities on our residential areas. Instead, it accommodates and supports
development of commercial and industrial uses allowed within non-residential zoning districts. We do not live
in a non-residential zoning district. Changing the zoning to CH is not compatible with the surrounding residential
areas and would be detrimental to my family and me as area residents.
I understand that in reviewing the zoning change request, the board will consider the zoning differences between
CL and CH and will look to the land development regulations to determine what that difference will mean in
terms of most intense use of the property. You might discuss square footage, acreage, and the impact on traffic,
among other things. You might reflect on how CH and CL are very different and how CH is actually not intended
for uses permitted within a CL designation - and you would be right - but discussing the proposed zoning change
in this way falls short of considering the actual impact that it will have on me and the other residents of Hobart
Landing as well as those that live in the surrounding residential areas.
Changing the property from CL to CH will directly affect our community in a very negative way. We do not live
in or near an area engaged in major repair services or loud manufacturing activities like welding and steel
fabrication plants. We do not live in or near an area that engages in activities that pollute and damage the
environment like fuel depots, heavy industrial complexes, or dry cleaning plants.
The residents in this area live near protected land like the Toni Robinson Waterfront Trail - home to beehives that
produce delicious orange blossom honey, multiple families of otters, the occasional bobcat, wild hogs, alligators,
and land crabs. Many residents and visitors alike use the trails daily to run, walk, and explore nature with their
friends and family. We live near a community park with recreational courts, nature walks, and family picnic
areas. We live near the Indian River Lagoon and share our backyards with manatees, dolphins, fish, and birds
that we see daily while paddle boarding, swimming, and boating in the lagoon.
Change the zoning from CL to CH and you will replace the sound of birds singing in the morning with screeching
metal and banging all day long. You will replace the star -filled night sky with light pollution from 20 -feet high
parking lot lights. You will replace the smell of fragrant flowers that bloom throughout our neighborhood and the
bees that pollinate them with caustic chemical exhaust and dust. You will replace visitors that come to this area
to explore nature on our many protected trails with 18 -wheeler and heavy machinery traffic that will occur seven
days per week, 24 hours per day. Runoff from manufacturing or fuel depots will make its way into our lagoon
and cause irreparable damage our already injured and delicate ecosystem - threatening the fish, birds, manatees,
and dolphins that call it home.
If you change our residential area into an area that allows heavy commercial and industrial land use you will
change the peaceful atmosphere of our neighborhood forever with no benefit to those that call this area home.
How could anyone think that this would support our community? How could it be a desirable future for my family
and for the residents of this area? Careful and effective urban planning should not force out area residents by
damaging their quality of life and lowering their property values in order to make way for heavy commercial land
use. If we cannot rely on zoning regulations to protect the land and its use around us, then why bother writing
them in anything other than pencil so that they may be easily erased at the request of the highest bidder. Why
bother writing them down at all?
i
We supported you by casting our vote in your favor so that you could continue to serve as our County
Commissioner in District 2 and we need your support now. CH does not belong near a residential community
and I do not want it near my home. If we, as residents of Indian River County, truly are the "only real special
interest group" you represent, then I urge you to do the "right thing for everyone that resides here" and vote
against the requested zoning change, in fact, I urge everyone on the board to vote against the requested zoning
change.
Sincerely,
Caitlin Rissman, Esq.
Cc: Wesley S. Davis, Commissioner, District 1 wdavisnircgov.com
I
Tim Zorc,'Commissioner, District 3 tzorc@ircgov.com
Peter D. O'Bryan, Commissioner, District 4 pobLyan@ircgov.com
Bob Solari, Chairman, District 5 bsolari@iregov.com
i
Glen Burr; President, Hobart Landing HOA
Robert Greason, Vice President, Hobart Landing HOA
Dr. Patrick Hoy
Lisa Hill
To: hebegb52@hotmail.com
Subject: Receipt of your letter regarding MPM Seven
Mr. Burr,
The Board of County Commissioners is in receipt of your letter in reference to the Quasi -Judicial Public Hearing of MPM
Seven, LP Request to rezone +/-12.39 acres from CL (Limited Commercial District) to CH (Heavy Commercial District) and
a request to rezone =/- 2.79 acres from RMH-6 (Residential Mobile Home District up to 6 units/acre) to CL (Limited
Commercial District).
I
It is the policy of the members of the Board that the Board of County Commissioners DO NOT consider any
communication regarding this case prior to the public hearing which is scheduled for Tuesday, March 1, 2016 starting at
9:00 a.m. The hearing is set in the Agenda under 10.A.1— Public Items, Public Hearings. Back-up for this item can be
viewed on the Indian River County webpage at www.ircgov.com under BCC Agenda items. If you are unable to view this
on our webpage, a copy can be emailed or faxed to you.
It is the policy of the members of the Board that the Board members DO NOT discuss or view items received for Quasi -
Judicial items with either side of the issue prior to the item being heard by the entire Board. In a Quasi -Judicial case, the
Board of County Commissioners sits as "judge and jury" and evidence is presented and considered in the public hearing.
Your letter will be made available to the Board members and will be placed in a folder for consideration on Tuesday
morning for the official record. We encourage you to appear before the Board of County Commissioners and present
testimony in person.
Please contact the County Attorney, Dylan Reingold, at 772-226-1424 or the Community Development Director, Stan
Boling, at 772-226-1230 if you need any additional information
Commissioner l ssistant
Indian River County Board of County Commissioners
1801 27th Street, Bldg. A
Vero Beach, FL 32960
E -Mail: lhill@ircgov.com
Phone: (772) 226-1919
Fax: (772)770-5334
l
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County
officials regarding county business are considered to be public records and will be made available to the public
and the media upon request. Your email messages and email address may, therefore, be subject to public
disclosure.
'*.
Bob Solari AVER C Wesley Davis
Chairman
� O District 1
District 5 �tiQ' G2
Tim Zorc
Joseph E. Flescher
' District 3
Vice Chairman
District 2 ORIV P► Peter D. O'Bryan
District 4
Februar i 26, 2016
Lawrence and Maureen Labadie
3566 Marsha Lane
Vero Beach, FL 32967
Dear Mr. and Ms. Labadie,
The Board of County Commissioners is in receipt of your letter in reference to the Quasi -Judicial Public
Hearing of MPM Seven, LP Request to rezone +/-12.39 acres from CL (Limited Commercial District) to CH
(Heavy Commercial District) and a request to rezone =/- 2.79 acres from RMH-6 (Residential Mobile
Home District up to 6 units/acre) to CL (Limited Commercial District).
It is the pl licy of the members of the Board that the Board of Count Commissioners missioners DO NOT consider
any communication regarding this case prior to the public hearing which is scheduled for Tuesday,
March 1, 2016 starting at 9:00 a.m. The hearing is set in the Agenda under 10.A.1— Public Items, Public
Hearings. Back-up for this item can be viewed on the Indian River County webpage at www.ircgov.com
under BCC Agenda items. If you are unable to view this on our webpage, a copy can be emailed or faxed
to you.
It is the policy of the members of the Board that the Board members DO NOT discuss or view items
received for Quasi -Judicial items with either side of the issue prior to the item being heard by the entire
Board. In a Quasi -Judicial case, the Board of County Commissioners sits as "judge and jury" and evidence
is presented and considered in the public hearing.
Your letter will be available to the Board members and will be placed in a folder for consideration on
Tuesday morning for the official record. We encourage you to appear before the Board of County
Commissioners and present testimony in person.
Please contact the County Attorney, Dylan Reingold, at 772-226-1424 or the Community Development
Director, Stan Boling, at 772-226-1230 if you need any additional information
Sincerely,
e
sa i
Commissioner Assistant
772-226-1919
Ihill@ircgov.com
180127" Street, Building A
Vero Beach, FL 32960
(772) 226-1490
a43e,- )7
1
LAWRENCE G. LABADIE
MAUREEN A. LABADIE
3566 MARSHA LANE
VERO BEACH, FL 32967
February 23, 2016
County Commissioner Joseph Flescher
1801 27th Street
Vero Beach, F132960-3388
i'
Dear Commissioner Flescher,
Please read this letter into the record at the March Ist'County Commissioner
hearing regarding the rezoning of the land by MPM Seven from CL to CH.
Appeal RZON#2002090043-75772.
I have lived since 1989 in Hobart Landing and I do not want to see this
property across U.S. One changed from CL to CH. This will do
immeasurable harm to the natural environment surrounding Hobart Landing
which is a wildlife haven for birds, bobcats, rabbits, and numerous other
critters natural to Florida.
The noise and air pollution of heavy industry is just not appropriate here.
Please do not let "big business" allow money be the only driving force in
your decision making. - The County's land use plan allows for many areas
out West and along certain industrial corridors for heavy commercial use.
This change is simply not necessary, warranted or a good plan for the
community.
We =appreciate that the land will ultimately be sold and fully expect and
welcome a light commercial partner to bring jobs to this sector of U.S. One,
while respecting the needs of its residential neighbors.
Ve�truly
�L arr�Labadie Maureen Labadie
a1iC_r�
4
Joseph E. Flescher
From:
Sent:
To:
Cc:
Subject:
Patrick Hoy <dr.patrickhoy@gmail.com>
Wednesday, February 24, 2016 8:59 AM
Joseph E. Flescher; Wesley S. Davis; Tim Zorc; Peter D. O'Bryan; Bob Solari
Robert Greason; Glen Burr; Patrick Hoy
Hobart Landing CL to CH Zoning Opposition Letter
February 24, 2016
Sent via E-mail and US Mail to:
Vice Chairman Joseph Flescher
1801 27`x' Street
Vero Beach, FL 32960 - 3388
jflescher d,irc%v.com
I
With a copes:
Vice Chairman Joseph Flescher
279 Joy Haven Drive
I
Sebastian, FL 32958
Re: Hobart Landing zoning change opposition
Dear Commissioner Flescher,
Please read this letter aloud and into the record at the March 1, 2016 County Commissioner hearing regarding the
rezoning of the land by MPM Seven from CL to CH Appeal RZON#2002090043-75772.
I live in Hobart Landing and strongly oppose changing the zoning on the property at issue from CL to CH. There
are numerous reasons why I believe this change should not be made, a few of which I will share in this letter.
�4
I
CH zoning is non -conforming to the existing land use pattern and established area.
According to the memorandum dated February 15, 2016 (the "memorandum"), the proponents of the zoning
change attempted to show conformity of their proposal with the Existing Land Use Pattern by stating that the
mobile home park is out of place, pointing to one small area of CH and a small Light Industry zoning area nearby.
However, looking at the map it is clear that the vast majority of the land is zoned as CL and Residential. In fact,
there are twelve (12) residential areas, six (6) commercial light areas, and three (3) planned development areas!
The nonconforming areas are not the residential or CL - the nonconforming areas are the small CH area and the
Light Industry area. Take a walk through our neighborhood and see what is here already- mobile homes, single-
family homes, a post office, a sandwich shop, a church, a golf course- these are ALL Residential and CL areas.
Allowing the zoning change to CH would only make less conformity and does not belong in this area. During
your campaign you stated "I have vigorously defended the rights of mobile home owners, the communities and
will continue to do so in the future." I hope that is still true today and that you reject the zoning request.
The property at issue is so close to the Indian River Lagoon that if CH use were permitted, irreparable
environmental damage will occur.
The memorandum also states that the property is not environmentally important or environmentally sensitive. The
proponents must believe this because they are from Ft. Lauderdale and do not how important and fragile our
lagoon is to the wildlife here in Indian River County and to our community at large. The Indian River Lagoon
lies less than one-half (1/2) mile to the east of the property at issue. The Lagoon and the areas around it are some
of our most environmentally important and sensitive areas in the State of Florida. The lagoon has an
estimated economic value of over $3 billion dollars and supports 19,000 jobs. It is over one hundred fifty (150)
miles long and encompasses almost forty percent (40%) of Florida's east coast. It provides a home to over three
hundred seventy (370) species of birds and six hundred eighty five (685) species of fish - the Indian River
Lagoon is one of the most diverse ecosystems in North America. The `vacant land' the proponents mention in
their memorandum as environmentally unimportant is actually approximately one hundred (100) acres of
conservation land and nature preserve owned by the Indian River Land Trust. Fifty (50) of those acres are part
of the Toni Robinson Waterfront Trail - a nature trail open to the public. This protected area is directly across
the street from the property at issue. Allowing CH zoning will not only discourage the trail's visitors (which now
by the way consists of families, Audubon members, and nature enthusiasts) but it will also lead to more light
pollution, sound pollution, and pollution runoff directly into the protected area, directly into my back yard, and
directly into the lagoon. If anything even comes close to threatening this unique, valuable and fragile area we call
home, we should all stand up and fight strongly against that threat. I know the Board has supported and protected
the health of the Indian River Lagoon in the past, and I hope you continue to do so now by rejecting the zoning
request.
CH zoning is not in the best interest of the community.
I
CH zoning allows wholesale trade, major repair services, light manufacturing, and `development of commercial
and industrial uses permitted within other non residential zoning districts'. WE DO NOT LIVE IN A NON-
RESIDENTIAL ZONING DISTRICT. CH would allow general industrial buildings of up to 247,800 square
feet - that is the size of a Super WalMart, Target SuperCenter, or a building area larger than four (4) football
fields. This is not what I want in my backyard, and it does not belong here. The proponents of the zoning change
admit in their own memorandum that CH is for non-residential areas, but yet they want to zone it across the
2 WC•4ZO
street from my residential neighborhood and directly next to my neighbors in the mobile home park. CL zoning
is to accommodate convenience, retail and service needs of area residents, while minimizing the impact of such
activities on any nearby residential areas. Which is exactly why the property at issue should remain CL and not
CH and why you should reject this zoning request.
Thank you for+taking the time to read my letter and considering my input on this matter. The only right thing to
do here is to refect the zoning request. I hope you will do the right thing and support the residents, wildlife, and
the community at large by rejecting the zoning request.
Sincerely,
Dr. Patrick Hoy
Cc: Wesley S. Davis, Commissioner, District 1 wdavis@ircgov.com
Tim Zorc, Commissioner, District 3 tzorc@ircgov.com
Peter D. O'Bryan, Commissioner, District 4 pobryannirc ov.com
Bob Solari, Chairman, District 5 bsolari a,irc ov.com
Glen Burr, President, Hobart Landing HOA
Robert Greason, Vice President, Hobart Landing HOA
4
.e-91
February 23, 2016
Sent via E-mail and US Mail to:
Vice Chairman Joseph Flescher
1801 271h Street
Vero Beach, FL 32960 - 3388
iflescher@irc og v.com
With a copy to:
Vice Chairman Joseph Flescher
279 Joy Haven Drive
Sebastian, FL 32958
Re: Hobart Landing zoning change opposition
Dear Commissioner Flescher,
Please read this letter aloud and into the record at the March 1, 2016 County
Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to
CH Appeal RZON#2002090,043-75772. ,
I live•in Hobart,.Landin and.,I ,stron g l o ose.xhan m the;zoriin on the ro er
g. g Y PP : gi g y = } g_ : ,.p P. ,tY
at,'issue from,CL to CH. Surprisingly, although -we .were aware of,the recent decision
issued, by the zoning_. board„ denying -this zoning change, request, no, one in. my
neighborhood -was notified of the current.hear-ingA6 overturn that -denial by,any, of
the parties directly involved. Please understand that there are many residents that
live :in and around this area and applying a CH zoning classification to a property
without regard to its residential area surroundings would be unfair and unjust.
The property at issue is currently and should remain zoned for light commercial use
- uses that are intended to accommodate the convenience, retail, and service needs
of the area residents, while minimizing the impact of such activities on the
residential areas. CH, on the other hand, is not designed or intended to support the
area residents, or minimize impact:of its activities on our residential areas. Instead,
it accommodates and supports development of commercial and industrial uses
allowed within non-residential zoning districts. We do not live in a non-residential
zoning district. Changing the zoning to CH is not compatible with the surrounding
residential areas and would be detrimental to my family and me as area residents.
I understand that in. reviewing the zoning change request, the board.will..consider
the, zoning differences. between ,CL and :CH and will ,look to the land development
regulations -.to determine what that difference. will mean in terms_of most,intense
use -of the property., You might;d:iscuss square footage; acreage,and the impact on
traffic, among other things. You might reflect on how CH and CL are very different
and how CH is actually not, intended- for uses permitted within a CL designation -
Dr. Patrick.Hoy & Caitlin Rissman, esq.
4225 791hl treet, Vero Beach, FL 32967
dr.Datricichoy@gmail.com • youloveyourlawyer@gmail.com
aT.7e,-
and you would be right - but discussing the proposed zoning change in this way falls
short of considering the actual impact that it will have on me and the other residents
of Hobart Landing as well as those that live in the surrounding residential areas.
Ch Inging the property from CL to CH will directly affect our community in a very
negative way. We do not live in or near an area engaged in major repair services or
loud manufacturing activities like welding and steel fabrication plants. We do not
live; in or near an area that engages in activities that pollute and damage the
environment like fuel depots, heavy industrial complexes, or dry cleaning plants.
The residents in this area live near protected land like the Toni Robinson
- Waterfront Trail - home to beehives that -produce delicious orange blossom honey,
multiple families of otters, the occasional bobcat, wild hogs, alligators, and land
crabs. Many residents and visitors alike use the trails daily to run, walk, and explore
nature with their friends and family. We live near a community park with
recreational courts, nature walks, and family picnic areas. We live near the Indian
River Lagoon and share our backyards with manatees, dolphins, fish, and birds that
we {see daily while paddle boarding, swimming, and boating in the lagoon.
Change the zoning from CL to CH and you will replace the sound of birds singing in
the morning with screeching metal and banging all day long. You will replace the
star, filled night sky with light pollution from 20 -feet high parking lot lights. You will
replace the smell of fragrant flowers that bloom throughout our neighborhood and
the (bees that pollinate them with caustic chemical exhaust and dust. You will
replace visitors that come to this area to explore nature on our many protected
trails with 18 -wheeler and heavy machinery traffic that will occur seven days per
week, 24 hours per day. Runoff from manufacturing or fuel depots will make its way
into our lagoon and cause irreparable damage our already injured and delicate
'ecosystem - threatening the fish, birds, manatees, and dolphins that call it home.
If you change our residential area into an area that allows heavy commercial and
industrial land use you will change the peaceful atmosphere of our neighborhood
forever with no benefit to those that call this area home. How could anyone think
that this would support our community? How could it be a desirable future for my
family and for the residents of this area? Careful and effective urban planning
should not force out area residents by damaging their quality of life and lowering
then property values in order to make way for heavy commercial land use. If we
cannot rely on zoning regulations to protect the land and its use around us, then
why bother writing them in anything other than pencil so that they may be easily
eras
`ed at the request of the highest bidder. Why bother writing them down at all?
We :Supported you by casting our vote in your favor so that you could continue to
serve as our County Commissioner in District 2 and we need your support now. CH
does not belong near a residential community and I do not want it near my
home. If we, as residents of Indian River County, truly are the "only real special
Dr. Patrick Hoy & Caitlin Rissman, esq.
4225 791h Street, Vero Beach, FL 32967
dr.patrickhoy@gmail.com • youloveyourlaMer@gmail.com
awe �
interest group" you represent, then I urge you to do the "right thing for everyone
that resides here" and vote against the requested zoning change, in fact, I urge
everyone on the board to vote against the requested zoning change.
Sincerely,
Caitlin Rissman, Esq.
Cc: Wesley S. Davis, Commissioner, District 1 wdavis@ircgov.com
Tim Zorc, Commissioner, District 3 tzorc@ircgov.com
Peter D. O'Bryan,.Commissioner, District 4 pobryan@ircgov.com
Bob Solari, Chairman, District 5 bsolari@ircgov.com
Glen Burr, President, Hobart Landing HOA
Robert Greason, Vice President, Hobart Landing HOA
Dr. Patrick Hoy & Caitlin Rissman, esq.
4225 79th Street, Vero Beach, FL 32967
dr.patrickhoy@gmail.com • youloveyourlaMer@gmail.com
.24ae-aq
February 24, 2016
Sent via E-mail and US Mail to:
Vice Chairman Joseph Flescher
1801271h Street
Vero Beach, FL 32960 - 3388
With a copy to:
Vice Chairman Joseph Flescher
279 Joy Haven Drive
Sebastian, FL 32958
Re: Hobart Landing zoning change opposition
Dear Commissioner Flescher,
Please read this letter aloud and into the record at the March 1, 2016 County
Commissioner hearing regarding the rezoning of the land by MPM Seven from CL to
CH Appeal RZON#2002090043-75772.
I live in Hobart Landing and strongly oppose changing the zoning on the property at
issue from CL to CH. There are numerous reasons why I believe this change should
not be made, a few of which I will share in this letter.
t.n zoning is non -conforming to tree existing land use pattern and established
area.
According to the memorandum dated February 15, .2016 (the "memorandum"), the
proponents of the zoning change attempted to show conformity of their proposal
with the Existing Land Use Pattern by stating that the mobile home park is out of
place, pointing to one small area of CH and a, small Light Industry zoning area
nearby. However, looking at the map it is clear that the vast majority of the land is
zoned as CL and Residential. In fact, there are twelve (12) residential areas, six (6)
commercial light areas, and three (3) planned development areas! The
nonconforming areas are not the residential or CL - the nonconforming areas are the
small CH area and the Light Industry area. Take a walk through our neighborhood
and see what is here already- mobile homes, single-family homes, a post office, a
sandwich shop, a church, a golf course- these are ALL Residential and CL areas.
Allowing the zoning change to CH would only make less conformity and does not
belong in this area. During your campaign you stated "I have vigorously defended
the rights of mobile home owners, the communities and will continue to do so in the
future." I hope that is still true today:and that you reject the zoning request.
Dr. Patrick Hoy & Caitlin Rissman, esq.
4225 791h Street, Vero Beach, FL 32967
dr.patrickhoy@gmail.com • youloveyourlaMer@gmail.com
,qj c- a�-
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The memorandum also states that the property is not environmentally important or
environmentally sensitive. The proponents must believe this because they are from
Ft. Lauderdale and do not how important and fragile our lagoon is to the wildlife
here in Indian River County and to our community at large. The Indian River Lagoon
lies less than one-half (Y2) mile to the east of the property at issue. The Lagoon and
the areas around it are some of our most environmentally important and
sensitive areas in the State of Florida. The lagoon has an estimated economic
value of over $3 billion dollars and supports 19,000 jobs. It is over one hundred fifty
(150) miles long and encompasses almost forty percent (40%) of Florida's east
coast. It provides a home to over three hundred seventy (370) species of birds and
six hundred eighty five (685) species of fish - the Indian River Lagoon is one of
the most diverse ecosystems in North America. The `vacant land' the proponents
mention in their memorandum as environmentally unimportant is actually
approximately one hundred (100) acres of conservation land and nature preserve
owned by the Indian River Land Trust. Fifty (50) of those acres are part of the Toni
Robinson Waterfront Trail - a nature trail open to the public. This protected area
is directly across the street from the property at issue. Allowing CH zoning will
notionly discourage the trail's visitors (which now by the way consists of families,
Audubon members, and nature enthusiasts) but it will also lead to more light
pollution, sound pollution, and pollution runoff directly into the protected area,
directly into my back yard, and directly into the lagoon. If anything even comes close
to threatening this unique, valuable and fragile area we call home, we should all
stand up and fight strongly against that threat. I know the Board has supported and
protected the health of the Indian River Lagoon in the past, and I hope you continue
to do so now by rejecting the zoning request.
CH zoning is not in the best interest of the community.
CH zoning allows wholesale trade, major repair services, light manufacturing, and
'development of commercial and industrial uses permitted within other non
residential zoning districts'. WE DO NOT LIVE IN A NON-RESIDENTIAL ZONING
DISTRICT. CH would allow general, industrial buildings of up to 247,800 square feet
- that is the size of a Super WalMart, Target SuperCenter, or a building area larger
than four (4) football fields. This is not what I want in my backyard, and it does not
belong here. The proponents of the zoning change admit in their own memorandum
that CH is for non-residential areas, but yet they want to zone it across the street
from my residential neighborhood and directly next to my neighbors in the mobile
home park. CL zoning is to accommodate convenience, retail and service needs of
area residents, while minimizing the impact of such activities on any nearby
residential areas. Which is exactly why the property at issue should remain CL and
not CH and why you should reject this zoning request.
Thank you for taking the time to read my letter and considering my input on this
matter. The only right thing to do here is to reject the zoning request. I hope you will
Dr. Patrick Hoy & Caitlin Rissman, esq.
4225 79th Street, Vero Beach, FL 32967
dr.patrickhoy@gmail.com • youloveyourlaMer@gmail.com
-2V&e -.9,4
do the right thing and support the residents, wildlife, and the community at large by
rejecting the zoning request.
�'1D
Dr. Patrick Ho\
Cc: Wesley S. Davis, Commissioner, District 1 wdavis@ircgov.com
Tim Zorc, Commissioner, District 3 tzorc@ircgov.com
Peter D. O'Bryan, Commissioner, District 4 pobryan@ircgov.com
Bob Solari, Chairman, District 5 bsolari@ircgov.com
Glen Burr, President, Hobart Landing HOA
Robert Greason, Vice President, Hobart Landing HOA
Dr. Patrick Hoy & Caitlin Rissman, esq.
4225 79� Street, Vero Beach, FL 32967
dr.patrickhoy@gmail.com • youloveyourlaMer@gmail.com
a
We the undersigned residents ®f Hobart Lauding oppose the zoning pr®p®saO of
MPM Sevn from CL t® CIS, Appea8 RZON # 2002090043-75772.
No j Name ` Signature Addrecc
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Gene B'arkwerl
35 Martha's Lane
Pamela` Bolick
4155 79th Street
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Dr. Cameron Bolick
r
4155 79th Street
DebbielBrown
k
4206 79th Street
Harold Brown
4206 79th Street
/
Glen Burr
4215 79th Street
Joyce Burr
Bobbie tlonelson
r- 4215 79th Street
3545 Martha's Lane
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Bill Donelson
Donna Eisele
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545 Martha's Lane
3575 Lucia Drive
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3575 Lucia Drive
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John Ericson
r;^ *
4205 79th Street
i 13
Felicity Rask
4205 79th Street
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Celeste Galvin
cC
3586 Lucia Drive
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Kevin Galvin
Lu Goff I
3586 Lucia Drive !
3555 -Martha's Lane
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Terry Goff
3555 Martha's Lane
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Judy Goodrich35
76 Martha's Lane
- 9.
Ronna Greason
4226 79th street
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' 20
Bob Gregson
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4226 79th street
41
Bruce Gressman- Mirsky
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3566 Lucia Drive
2"L
Norma Grossman - Mirsky
3566 Lucia Drive
23
Dorothy Hennessy
i 4185 79th Street
Ze� Dr. Patrick Hoy
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; 4225 79th Sireet i
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2S !Caitlin Rissman
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4225 79th Street i
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210 Amanda Hoy
4225 79th Street i
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Anne Jacob
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4166 79th Street
20 i Maureeri Labadie
j Mauewtv per-
' ' 6 Marsha Lane I
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Q9 Larry Lab'adie
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4176 79th Street
Yes
i .30 John Lambert
3
4196 79th Street
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31 i Linda Lambert
i '' 4196
79th Street
0?,y3C*2P
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Bud Young
3566 Martha's Lane
Roxanne Zoffer
3556 Martha's Lane
L) Matthew Zoffer
3556 Martha's Lane
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CLEARED CALL SEARCH
Print Date/Time 3/10/2016 3:16.47 PM
Call Date/Time Call Type Location Incident Number
08/20/2015 13:57.01 ANIMAL 7986 100TH AV, IRC 2015-00134527
06/22/2015 01:23:56 LOCK 7986 100TH AV, IRC 2015-00100014
04/21/20-15 04-:08-:•23—DIST 7986 100TH AV, IRC 2015-00064221 -- - - -
04/15/2015 14 27:20 BAKER 7986 100TH AV, IRC 2015-00061038
04/05/2015 09:29:17 DIST 7966 100TH AV, IRC 2015-00054957
03/28/2015 00:17:55 DIST 7986 100TH AV, IRC 2015-00050477
03/26/2015 09:25:36 UNGJUV 7966 100TH AV, IRC 2015-00049521
03/25/2015 19 10 34 FOLLOW 7986 100TH AV, IRC 2015-00049194
03/25/2015 14:08:31 PR 7986 100TH AV, IRC 2015-00049008
03/06/2015 18:53 27 BAKER 7966 100TH AV, IRC 2015-00004973, 2015-00037557
02/21/20'15 11:17.47 UNGJUV 7986 100TH AV, IRC 2015-00029707
02/04/2015 14:05.01 SUMMONS 7986 100TH AV, IRC 2015-00019977
01/22/2015 03.07 24 STANDBY 7986 100TH AV, IRC 2015-00012238
FV_ 01/21/2015 15:55.39 CFSFAX 7986 100TH AV, IRC 2015-00012032
12/17/2024 20:03.06 DIST 7986 100TH AV, IRC 2014-00023987, 2014-00204516
12/14/2024 15 33:18 DIST 7986 100TH AV, IRC 2014-00202638, 2014-00007998
12/14/20T4 15 10.25 UNK 7986 100TH AV, IRC 2014-00202625
12/11/201-4 07 04 15 DIST 7986 100TH AV, IRC 2014-00200876
12/09/201.4 00 44.00 BAKER 7986 100TH AV, IRC 2014-00199655
12/22/2012 13 46:27 BAKER 7986 100TH AV, IRC 2012-00023422, 2012-00184717 �(�
12/10/2012 08:59:53 MED 7986 100TH AV, IRC 2012-00022597, 2012-00177665 �� �v
09/15/2012 18.34.15 PR 7986 100TH AV, IRC 2012-00126660
09/15/2012 15.29 08 BAKER 7986 100TH AV, IRC 2012-00017137, 2012-00126585 L� &
04/19/2010 23:06.56 DIST 7986 100TH AV, IRC 2010-00046731
08/31/2009 18:53:40 MISC 7986 100TH AV, IRC 2009-00099760
08/23/2009 19.58:31 DISTE 7986 100TH AV, IRC 2009-00014389, 2009-00096543
06/29/2009 15.48:22 MED 7986 100TH AV, IRC 2009-00011298, 2009-00073543
04/29/2009 14:35:01 CFSFAX 7966 100TH AV, IRC 2009-00046887
07/26/2008 21.10:49 MED 7986 100TH AV, IRC 2008-00012709
05/16/2006 20.16:32 MED 7966 100TH AV, IRC 2008-00008642 n v
05/10/2007 07 39.04 DIST 7986 100TH AV, IRC 2007-00048651 I�(T�
04/12/2007 21.29.33 MED 7986 100TH AV, IRC 2007-00006228 �� s
Total Rows• 32
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, --�
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1 mac- ooi�L.� �� ,,� 2/ �•� �'? l'Z�v2 �°--?,�r�
r�-.07-
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GENTILE I GLAS i HOLLOWAY I O'MAHO N EY& Associates, Inc. CA1 Tmy Hollowarge G. Gentiley ASLO
Cmily &l O'Mahoney ASIA
Dodi Buckmaster Glas AICP
March 15, 2016
Mr. Robert (Bob) McKinley
Anand Agarwal in Trust
MPM Seven LP
3900 Galt Ocean Drive
Suite 2617
Ft. Lauderdale, Florida
RE: 7815 U.S. Highway 1; 7750 Old Dixie Highway; 7855 US Highway 1; and 7819 Old Dixie
Highway in Vero Beach, Indian River County, Florida
Dear Mr. McKinley,
Pursuant to your request, our office has reviewed the proposed rezoning of properties described
above in relation to the jurisdictional documents controlling the use of land in Indian River County,
Florida. The specifics relate to an application and appeal of the Indian River Planning and Zoning
Commission on a request to rezone the properties to a mix of Limited Commercial and Heavy
Commercial Districts. The following information provides a background and our opinion as to the
applicability of requesting these zoning categories on the subject properties.
Background:
The applicant, MPM Seven LP filed an application for rezoning of approximately 15.18 +/- acres of
land located east of Old Dixie Highway, North of 771 Street, and West of US Hwy. One, Indian River
County. The initial request was to rezone the entire property area to CH (Heavy Commercial
District). The properties in the application included 2.79 +/- acres zoned RMH-6 (Residential Mobile
Home District) and approximately 13.02 +/- acres zoned CL (Limited Commercial District). The
application was reviewed at a public hearing on January 14, 2016 and was denied by a vote of 6-1.
Within the designated appeal time allowed by the code of ordinances of Indian River County, an
appeal to the Board of County Commissioners was filed, and was heard on March 1, 2016. In the
letter of appeal from MPM Seven LP, a request was made to change the proposed zoning
designation for the 2.79 acres zoned RMH-6 to CL. This was done to reduce any perceived impacts
to the existing mobile home park north of this parcel of land. The remainder would continue to be
changed to CH to match the existing CH zoned property to the South. After a long discussion by the
County Commission, the appeal application was deferred to the next meeting in April 2016 of the
Commission to give the applicant time to meet with the adjacent stakeholders.
Existing Conditions
The subject properties are located along three major transportation corridors that run north and
south though,the County and the City of Vero Beach, as well as the counties to the north and south.
They include the FEC Railway, Old Dixie Highway and US Highway One. Currently the FEC
Railway supports approximately 19 Freight Trains (currently approved for 24) that run through the
east coast of Florida from the Port of Miami north to the upper reaches of the east coast of the
❑ 1907 Commerce Lane, Suite 1010 1 Jupiter, Florida 33458 1 561-575-9557 1 561-575-5260 Fax I www.2gho.com
MPM Seven LP
March 15, 2016
Page 2
United States. Brightline (formerly All Aboard Florida) is proposing to run 36 additional trains
through this section of rail up to the Orlando International Airport. Old Dixie Highway is a north south
urban collector that is anticipated in the future to carry more vehicles than a local residential street.
It is scheduled in the County's Comprehensive Plan to have a right of way width of 100'. US.
Highway 'One is classified as an Urban Principle Arterial. The Comprehensive Plan proposes that
this arterial roadway should have a right of way width from 120' to 160'. Both these roads are
anticipated to be multi -lane use roads carrying substantially more traffic than there is today. 77th
Street is designated as an Urban Collector and should have a right of way width of up to 80'.
In concert with the transportation network, the current land uses adjacent to the subject properties
include non -conforming residential (Mobile Home Park) to the north, existing CH vacant land and
CL zoned property (existing office building) to the south, Old Dixie Highway and the FEC Railway,
RM -6 residential and IL industrial (Waste Management facility) to the west. To the east of the
property is US Highway One and adjacent to US Highway One is CL zoned property.
These existing land uses together with the major transportation corridors are consistent with the
existing Future Land Use designation established by the County in the Indian River County
Comprehensive Plan. The land between these corridors is designated as C/I (Commercial
Industrial), which reflects the current and future intensity of this area of the County.
Future Land Use Designation
Chapter 163, Part II of the Florida Statues, establishes requirements for Counties to adopt a
comprehensive plan, which is the controlling document for the future use of land within its
jurisdiction. The statue also requires said County to assign a zoning designation consistent with the
future land use designation.
The current Future Land Use designation for the subject property as stated earlier, is C/I. This is a
commercial and/or industrial designation that suggests zoning regulations that are consistent with a
commercial land use and/or industrial land use. Again, the future land use designation and
consistent zoning districts reflect the current development pattern, transportation network and
environment that exist today for the subject property and the adjacent property as well. Residential
zoning districts are not consistent with the future land use designation.
Existing and Proposed Zoning District Designation
As indicated on the current zoning district map of Indian River County the subject properties have a
mixed zoning classification. The northern property (2.79 acres) is currently designated RMH-6 which
is a residential mobile home district. While this is compatible with the property to the north, Palm
Paradise (Park (RMH-6), an active mobile home park, both are not consistent with the future land
use designation. The 12.39 acre parcel is currently zoned CL which is consistent with the future
land use designation, and is adjacent to property with a CH designation to the south.
The prop+arty owner, in his appeal to the Board of County Commissioners has requested a change
from CL to CH for the 12.39 acre property and a CL designation for the 2.79 acre property abutting
the existing mobile home park. This request is consistent with the Comprehensive Plan of Indian
River County and will actually eliminate a non -conforming zoned property that exists today.
The CH zoning district is intended to provide area for the establishment of a mix of uses that include
wholesale trade, major repair services and light manufacturing. The CL district is intended to
provide areas for the development of convenience retail, services to residents while reducing
OAMPM Seven LP Planning Services 16-0303\Applicabons\Letter Report on Comp Plan -Zoning Compliance 04.04 16.doc
aM I I
MPM Seven LP
March 15, 2016
Page 3
impacts to residential developments and/or land designated for residential use in the future land use
section of the Comprehensive Plan for Indian River County.
While either designation is consistent with the County's Future Land Use element, the CH
designation could be considered the more appropriate designation. This is due to several factors
that relate to the existing and immediate proposed uses of land surrounding the subject properties.
These include the following:
The subject properties are located between two major transportation roadway corridors that include
urban arterial roads. These roads are multi -county transportation ways that are vehicular traffic
thoroughfares and are anticipated to have increased traffic by their designation and the potential
population projections indicated in the County's Comprehensive plan.
2. A major railroad line that will have increased train traffic within the next two years including the
current 18+ freight trains and 36 passenger trains running within a 24 hour period through the area.
3. Use within the general area of the property include industrial uses, business offices and other non-
residential uses that are consistent with the historic development pattern of this area of Indian River
County.
4. A determination that the existing MHR-6 zoned properties and mobile home residential park are
non -conforming zoning designation and non -conforming use respectively.
5. The existing conforming residential uses are separated from the subject properties by an urban
major arterial road and an urban arterial road; a railroad right of way and other C/I land use
designated and commercially zoned properties and uses.
6. There presently exists CL (Commercial Low) zoned property separating the existing residential
properties to the east from the US Highway One right of way. This designation, east of US Highway
One is more appropriate to serve the residential uses.
7. The developer currently controls property adjacent to the southern property boundary of the subject
properties which is currently zoned CH and a consistent zoning designation for his entire
development project will promote a more coordinated and appropriate development pattern.
Consistency with the Comprehensive Plan
As stated earlier, Title XI, Chapter 163, Part II of the Florida Statues relating to the State of Florida
Planning Act, all properties within a government jurisdiction shall require land uses to be consistent
with the future land use designations in the adopted Comprehensive plan, be consistent with the -
relative goals and objectives and consistent with the appropriate zoning designations. The following
is our finding as to the request for re -zoning the RMH-6 property to CL and the CL zoned property to
CH: I
1. The request is consistent with Policy 1.44 of the Comprehensive Plan for the following:
a. The subject property is located along high-volume roadways
b. The subject property is located along the FEC railroad, which is not compatible with
residential uses.
OAMPM Seven LP Planning Services 16-0303\Applications\Letter Report on Comp Plan -Zoning Compliance 04 04 16.doc
;3'D
MPM Seven LP
March 15, 2016
Page 4
c. The property is surrounded with non-residential land use designation including IL (Light
Industrial), CL (Commercial Light) and CH (Commercial High).
d. The only adjacent residential use is a mobile home park with a land use designation of C/I
(Commercial/Industrial) and zoned MHR-6, which is a non -conforming use under the land
use designation.
2. The request is consistent with the Future Land Use Element Policies 1.17 and 1.18 for the following
reasons:
a. The property is located in the Urban Service Area, a requirement for commercially
designated property in the County.
3. The request is consistent with other elements of the Comprehensive Plan for the following reasons:
a. There currently exist ample residentially designated lands in the County to meet the 2030
needs.
b. The County's economic development efforts should be directed to attract more basic
industry, increase jobs. The plan indicates that the County should maintain current
commercial/industrial designations that currently exist in the County.
c. The Wabasso area is prime for larger commercial uses dependent on high traffic volume
roadways. One obstacle of this area is the lack of assemblages of larger tracts of land to
encourage commercial development. The subject request, will promote the use of a larger
assemblage of land, with consistent zoning to promote a more desirable
commercial/industrial development pattern.
d. The County acknowledges that the area of land between the US Highway One and FEC
railroad transportation routes has little development potential other than
commercial/industrial uses (the Commercial/Industrial designation).
4. The project will be consistent with the land development regulations at the time a site plan is
forwarded to the County for review. The project can meet all the specific land development
regulations including:
a. Sec. 9.11.10 (2)(g) Purpose of the CH District: The CH zoning district is appropriate
because there are other non-residential uses and/or non-residential land use designated
properties adjacent to the subject property that would benefit from the type of commercial
uses allowed in the CH zoned district. As the purpose of this district is to allow for
establishments engaging in wholesale trade, major repair services, restricted light
manufacturing and other support services necessary for the development of commercial and
industrial uses allowed within other non-residential zoning districts.
b. 911.18 (1)(a) through (e) Wabasso Corridor Regulations. The proposed CH zoning
designation is an allowed designation within the Wabasso Corridor. The Corridor code has
been modified to allow specific uses and modifications to those uses that meet the intent of
the special district.
While we have included the land development regulation analysis as submitted by the adjacent
mobile home park's Planning Consultant, the land development regulations can be met with a
proposed site plan application at such time the zoning is in place. It is not appropriate to review a
zoning district determination with land development regulations. The Zoning district must meet the
Comprehensive Plan goals, objectives and policies as well as be designated in the Comprehensive
OAMPM Seven LP Planning Services 16-0303\Applications\Letter Report on Comp Plan -Zoning Compliance 04 04 16.doc
a,3Q-11
MPM Seven LP
March 15, 2016
Page 5
plan as a consistent district. In this case, the CH district is appropriate with the C/I land use
designation.
Findings
The proposed Application for CH on 12.39 acres and CL on 2.79 acres:
Is consistent with the Comprehensive plan of Indian River County pursuant to the analysis above.
Is sound planning as it follows the goals, objectives and policies of the Comprehensive plan as well
as the future land use map which designates the subject property for Commercial/Industrial use.
Can meet the land development code when a plan is proposed to the County for development.
Meets Policy 1.44 as the request is to rezone current CL land to CH not CH and/or IL zoned
property to CL or CG. The intent of the County as stated in the Comprehensive Plan is to preserve
CH and IL zoned properties.
The proposed CH request is consistent with the Comprehensive Plan Policy 1.43 and Table 2.4 as
the property is along arterial roads, along railroad tracts, between general commercial and industrial
uses and is separated from conforming residential development by either major transportation
corridors or non-residential zoning districts. The mobile home development is a legal non-
conforming use pursuant to the County's Comprehensive Plan. The mobile home park is on
property with a land use of C/I, which does not encourage residential uses.
The current proposal for rezoning of the property is to provide a consistent CH zoning use category
which is the same designation on the property adjacent to the southern portion of the subject 12.39
acres property and to transition the current RMH-6 zoned property to CL adjacent to the existing
non -conforming developed mobile home park. This will reduce any impacts to this existing
residential mobile home use. The Developer also is proposing a deed restriction that will run with
the property restricting certain uses on the 12.39 acres and the 2.79 acres property that could be
developed on the land. This is being done to show the developer's intent to minimize impacts to the
mobile home development and to address the adjacent property owners concerns while promoting
commercial uses adjacent to the residential use as intended in the CL zoning district.
Sincerely;
Gentile Glas Holloway O'Mahoney
& Associates, Inc.
George G. Gentile, PLA, FASLA
LEED APOBD+C
Senior Partner
I
CC: Robert McKinley
Bruce Barkett
Wesley Mills
OAMPM Seven LP Planning Services 16-0303Wpplicabons\Letter Report on Comp Plan -Zoning Compliance 04 04 16.doc
Indian River Press Journal
State of Florida
County of Indian River
Before the i undersigned authority appeared Kimberly Piston
who on oath says the he/she is Account Manager
at the INDIAN RIVER PRESS JOURNAL, a daily newspaper
published at Vero Beach in ian River County, Florida, that an advertisement, for
measuring column inches,
was published in the INDIAN RIPE RESS JOURNAL
(-/-) personally known to me
)who has produced
Sworn to and subscribed before me this
as identification
30 day of
Al:q`f--4- A.D.
�i
Notary Public
�a'OtY P
CATHERINE POLICARE
F.
„pd N„•
MY COMMISSION # FF 028015
EXPIRES: September 25, 2017
Bonded Thru Notary public Underwriters
af3C--I
TC « TREASURE COAST NEWSPAPERS (('M6riday,FebPuaryf5,2016'((21A
1
BEFORE THE .BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,
NOTICE OF FIEZONING,- PUBLIC HEARING •
The Board of County Commissioners of Indian River County, Florida, will consider
the adoption of a county ordinance rezoning 'land within the unincorporated portions
of Indian River County, A public hearing at which parties in interest aridfcitizens shall
have an opportunity to be heard, will be held on Tuesday March,1; 2016„at 9:00 a.m. in'
the County Commission Chambers of the County Administration Building A, located at'
1801 27th Street, Vero Beach, Florida. The proposed -ordinance to,rezone the subject
property is'entitled:
AN ORDINANCE -OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
'THE .ZONING ORDINANCE AND THE ACCOMPANYING ZONING -MAP
FOR ±.12.39 ACRES LOCATED EAST OF OLD DIXIE HIGHWAY, NORTH
OF 77TH STREET AND WEST.OF U&HIGHWAY 1, FROM. CL,,LIMITED
COMMERCIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND
±2.79 ACRES LOCATED APPROXIMATELY 1,450 FEET NORTH OF 77TH
STREET, EAST OF OLD DIXIE HIGHWAY AND WEST OF US HIGHWAY 1,
FROM RMH-6, RESIDENTIAL MOBILE HOME DISTRICT (UP TO 6 UNITS/
ACRE), TO CL, LIMITED COMMERCIAL DISTRICT; AND PROVIDING
CODIFICATION, SEVERABILITY AND EFFECTIVE DATE
a�c`,�' F ".f•F. irl .,,:•I.r. -'-: T9 +� ails 1
_r'y''• •!'.'; trucr.ret.r•-r..`+Xi:-F;"•-4y,'•'^:.?�f:- -
1 Vi=i c @: i � Cl.lo (:11 `__.-• ' �> - 5 �+4-i -'� n `
IA
i• -�j.'� .+ti, 7v �?� tom; '•C..
i� yr•. .i, _ �
The rezoning` application .may be inspected by the public at -the. Community
Development Department of the County Ad mihistration'Building A, located'at 1801 "27th
Street, Vero Beach, Florida, between the hours of 8:30 a.rrf. and 5:00 p.m. on'weekdays.
For more information, contact Bill Schutt at (7.72) 226=1243
The Board of County Commissioners may adopt another z-oning district, other than,
the district requested, jirovided•that the adopted zoning district•is consistent witti;tFie
county's comprehensive plan. ", • :'
Anyone who may wish to appeal any decision that 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 is based:
Anyorie who needs •a special' accommodation for this meeting ust contact the
County's Americans with Disabilities Act Coordinator at (772) 226-12m23,, at least 48
hours in advance of the meeting..
Indian River County
Board of County Commissioners
By- -s=:Bob'Solari, Chairman
I
.a
1�
• ,7
u
Revised Emergency Services
Condition for FPL Okeechobee
County Power Plant Agen
April 5, 2016 BCC
Report
NOTE TO BCC: Condition 3 wording authorized at the March 22, 2016 BCC meeting
franchise agreement, the fees will be off -set from the franchise agreement revenue. The amount
ofthe impact Ice shall be based on the -Unincorporated Indian Itivet-County- hopact Fee Schedule
(Effective Date 212/2015)", applying the "N1mn facuning" land use category "Tumsportation" fee
to the final under air square footage (housing administrative staff) of the project administration
building.
This condition has been agreed to by the applicant.
3. Emergency Services l
fr\,
it. The appiicantAicensce shall reinlhurse Indian River, County lire extraordinnry emergency
services expenses or services including but not limited to expenses and services related to
hazardous materials events, consistent with fnaian^Rivcr Count)' Emergency Services
District ordinance section 208.13 �•,
This condition (condition ,la) is in accordance with Indian itrver County Code Section
20813, and was agreed to by the applicant as reflected on page 11' of dte December 2015
"Site Certification Application Completeness Rcsponses�
b. The applicant/licensee shall�reintburse Indian River County for emergency services
provided to the project under Indian River County's mutual aid agreement with
Okeechobee; County, including paining necessary to provide those emergency services.
'this condition (condition 3b), in accordance with 17S 103,502, is needed to properly
balance the need ti)r the project and the broad interests of the citizerx of Indian River
County with respect to anticipated demands on Indian River County emergency services
resources.
Indian River,County appreciates the-opporituniy io file this agency report with recommended
cenificulion conditiuris., If you have, am• question_ "s; please tto not hesitate to contact me at (772)
Sincerely, 4 ),
Stan Boling. AICP`v°/',
Community Development Director, Indian River County
Attachments:
I Comparison of Okeechobee Cormty and Indian River Cotnly Fire Station Locations and Fire
Rescue Apparatus/Pcisonnel
2. Documcntation from Okeechobee County Regarding Emergency Services Capabilities
3, Mutual Aid Agreement Between Indian Rivet County and Okeechobee County
4. IRC potable Water Sub -clement policy 3 1
r:Ie01IVnYnlrt apvtlrpmtnnril PWI-Vrdian R—CWIWAriney Re"" [of cvtdkttion AppliW"-rptOkMIMM•o Citan Em" .1
C— (PAIS MIA—
3. Emergency Services
The applicant/liccnsee shall reimburse Indian River County for extraordinary emcrgen
services expenses, or services including but not limited to'expenscs and,services related
hazardous materials events; consistent with Indian River County Emergency Servic
District ordinance section 208.13.
This condition (condition 3a) is in accordance with Indian River County Code Sectio
208.13, and was agreed to by the applicant as reflected on page I I of the December- 201
"Site Certification Application Completeness Responses".
Prior to construction of the Project, FPI, shall make a one-time payment to Indian Riv
County in the amount of $90,000 to be used by Indian River County to support ordinal
emergency services support for construction and operation of the Project in the event th
Okeechobee County requests Indian River County's emergency support under Indian Riv,
County's mutual aid agreement with Okeechobee County. Notwithstanding the terms c
the FPUlndian River County franchise agreement, FPL agrees not to off -set this ono -tin
payment of$90,000 against franchise agreement revenue, in recognition that Indian Rivi
County agrees to provide to FPL an annual accounting of use of this fund:
FPL Inas agreed to this condition (condition 3b)..
To facilitate familiarity with the Project and emergency services training deemed necessar
by Indian River County, 'first, coinciding with commencement of major tnechanicc
equipment construction and then, prior to operation, FPI, shall provide onsite oricrttatio
of the facility to IRC emergency response personnel and familiarize them with know
hazards, chemicals, and fire, protection systems,, and FPL shall fund emergency service
training deemed necessary by Indian River County up to the $200,000 limit set fort
below. Notwithstanding the terms of the T'PUindiini'River County!franclrise agreemcni
FPL agrees notto off -set any fees, charges, or other impositions assessed by Indian Rive
County associated with these two, orientation events,.and emergency services trainin;
deemed necessary by Indian River County, up to a total of $200,000,�$-b8t>1 94VErr•-e1ent
against franchise agreement revenue.
FPI, has agreed to this condition (condition 3c).
Indian River County appreciates the opportunity to file this agency report with rccommendec
certification conditions. If you have any questions, please do not hesitate to contact the at (772;
226-1253
I Z)P\.I-
NO { TO BCC: Condition 3 wording authorized at the March 22, 2016 BCC meeting
I
franchise agreement, the fees will be off -set from the franchise agreement revenue. The amount
of the impact fee shall be based on the "Unincorporated Indian River County: Impact Fee Schedule
(Effective Date 2/2/2015)", applying the "Manufacturing" land use category "Transportation" fee
to the final under air square footage (housing administrative staff) of the project administration
building.
i
This condition has been agreed to by the applicant.
I
3. Emergency Services
JThe applicant/licensee shall reimburse Indian River .Co ty for extraordinary emergency
services expenses or services including but not limited. to expenses and services related to
hazardous materials events, consistent with Indian -,River County Emergency Services
District ordinance section 208.13. _
This condition (condition 3a) is in accordance with Indian River County Code Section
208.13, and was agreed to by the applicant as reflected on page 1'."6f the December 2015
"Site Certification Application Completeness,Responses".
0
b. The applicant/licensee shall reimburse Indian River County for emergency services
provided to the project under Indian River County's mutual aid agreement with
Okeechobee County, including training necessary to provide those emergency services.
This condition (condition 3b), in accordance with FS 403.502, is needed to properly
balance the need for the project and the broad interests of the citizens of Indian River
County with respect to anticipated demands on Indian River County emergency services
resources.,
-'�
Indian River= C` -bi ppreciafes_,,the opportumty to file this agency report with recommended
%- \ `„^�
certification conditions: = If�you have. any questlo�; please do not hesitate to contact me at (772)
226-1253. _-
Sincerely,
<\`
Stan Boling, AICP
Co i unity Development Director, Indian River County
Attachments:
1. Comparison of Okeechobee County and Indian River County Fire Station Locations and Fire
Rescue Apparatus/Personnel
2. Documentation from Okeechobee County Regarding Emergency Services Capabilities
3. Mutual Aid Agreement Between Indian River County and Okeechobee County
4. IRC Potable Water Sub -element Policy 3.1
F:\Community Development\FPL Pipeline\Indian River County Agency Report for Certification Application — FPL Okeechobee Clean Energy 4
Center (PA15-58).docx
x`13 -`1
NOTE TO BCC. Highlighted wording has been added since the March 22, 2096 BCC meeting
INDIAN RIVER COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
1801 27th Street, Vero Beach FL 32960
772-226-1237 / 772-978-1806 fax
www.ircgov.com
I
April 5, 2016
VIA ELECTRONIC MAIL AND U.S. MAIL
Ms. Ann Seiler
Florida Department of Environmental _Protection
Siting Coordination Office
2600 Blairstone Road, MS 5500
Tallahassee, FL 32399 -2400 -
RE: Indian River County Agency Report for_Certificati6n, Application — FPL Okeechobee Clean
Energy Center (PA15-58)
Dear Ms. Seiler:
At its meeting=of March 22,2016 afid again on April 5; 2016 the Board of County Commissioners
considered its agency report for the subject certification application. At' tlie April 5th meeting, the
Board of --County Commissioners -authorized me, as Community Development Director, to send
this letter which constitutes =Indian River County's agency report in accordance with Florida
Statutes 403.507: ,
Project Description
The FPL power plant project; _known as OCEC Unit 1, consists of a new combined cycle natural
gas fired generating unit currently estimated to be constructed January 2017 through June 2019.
The generating plant is proposed to be located in northeastern Okeechobee County near the
Okeechobee/Indian River County line. The project will be accessed solely through Indian River
County to SR 60. In addition, the project proposes to withdraw an annual average of 9,000,000
gallons per day (maximum daily peak of 11,000,000 gallons) from the Upper Floridan Aquifer
— (iTFA7 which is the source of potable water for Indian River County's utility system —that currently
serves 110,000 residents. The UFA is also a water source for other users within Indian River
County including the City of Vero Beach potable water utility system and various agricultural
operations.
F:\Community Development\FPL Pipeline\Indian River County Agency Report for Certification Application —FPL Okeechobee Clean Energy
Center (PAIS-S8)-V2.doa
/IA.].
L�t 3 - 5
Emergency Services
During its review of the project, County staff coordinated with FPL and Okeechobee County,
raising questions regarding the emergency services needs of the project during construction and
plant operation and Okeechobee County's ability to provide the necessary emergency services
including consideration of the project's significant distance from fire stations. The project is
located 18 -miles by paved road from the nearest Indian River County fire station and 30 miles by°
paved road from-the'nearest Okeechobee County fire station. Indian River County currently has
13 fire stations with two more slated for operation in the next few years, while Okeechobee County
has three existing fire stations. A comparison of Okeechobee Comity and Indian River County
fire station distances to the project and data on current fire rescue apparatus and personnel of both
counties is attached. ==
During the review process, Okeechobee County stated that.it has the necessaryemergency services
capabilities to respond to the plant site within 30 minutes of a call, the_.response time that FPL has
--___
stated is needed for the project. FPL-has._stated _that during pla_rif construction, 6 -calls -®r
emergency services will be made per year while 3 calls for emergency services will be inade.pec
�.. -
yeardunng the life -of the plant=-while,in operation. In addition, Okeechobee County has
documented that at this time it does not have a Hazardous -Materials Team, that it has a Light
Technical Rescue Team - Type II; and that it has the daily staing requirements and response
deployment policies to meet the "two °in two out" iuie. Indian River County recognizes
Okeechobee County's obligation and commitment to provide necessary emergency services to the
power plant during construction and plant operation; and is relying upon Okeechobee County's
representations and commitments with respect to necessary.emergency services for the project.
Indian.=River-County also_recognues-that it=has mutual aid obligations =-to provide a limited level _of
emergency services resources if such resources are requested and arc available Given the number
of annual emergency -services calls anticipated by FPL -for theproject, aitd given the current and
planned leve l and location of emergency services resourcesInIndian River -County and can ent
resources in Okeechobee County, Indian River County is concerned that its emergency serviced
resources will be called upon on a recurring basis to serve the protect and that Indian River_County
stag wili require training and familiarity with the project facility Such demand upon Indian River
County's emergency services resources will affect the -citizens of -Indian River G_ gunty. In -order
to mitigate those anticipated impacts; based on tlic Power Plant Siting Act's stated legislative intent
to balance the need for the project with "..:the broad interests of the public" (Ch 403 502) and in:
:coordination with fPL, Indian River County is recommending 3 cmerg.ency services conditions
that FPL'has agreed to These conditions_provide for reimbursement to Indian River County for
-_
expenses incurred to obtain training deemed necessary by Indian River Count _ana_familiarization
with the project -facility, and to provide anticipated mutual aid emergency services, .as specified in
conditions 3a, 3b, and 3c at the end of this report.
- - - -
Water Supply
FPL's modeling indicates that FPL withdrawals from the UFA will not cause immediate adverse
impacts to existing potable water utility systems which are approximately 20 miles away from the
site. Nonetheless, Indian River County has expressed concerns to representatives of FPL and the
SJRWMD that long term use of the UFA for the project has the potential of competing with the
F:\Community Development\FPL Pipeline\Indian River County Agency Report for Certification Application —FPL Okeechobee Clean Energy 2
Center (PAI5-58)-V2.dotx
2__�t
potable water needs of the county in the future. It is Indian River County's position with respect
to quality water from the UFA that potable water needs should have priority over water -intensive
industrial applications. Consequently, Indian River County strongly supports future conversion of
the project's water supply from the UFA to an alternative water supply or future significant
reduction of the project's use of the UFA as a water source. To that end, Indian River County
coordinated with FPL and the SJRWMD and additional language was added to the SJRWMD's
agency report proposed condition 33. The language of the condition is attached as a reference and
is consistent with Indian River County's comprehensive plan Potable Water Sub -element Policy
3.1.
Indian River County recognizes that SJRWMD is charged with the statutory authority to regulate
water consumption pursuant to FS 377.217. As such, Indian River County is relying upon
inclusion of SJRWMD's proposed condition 33 in the final site certification order and good faith
implementation of that condition.
In accordance with Florida Statutes 403.507, Iridian River County finds the proposed power plant
consistent with applicable local ordinances, regulations, standards, and criteria and recommends
approval of the project subject to the following conditions and inclusion of the SJRWMD's
proposed condition 33 in the final site certification order. - Indian River County recommends that
the following conditions of certification be incorporated into the final site certification order.
1. Traffic
In accordance with Indian River County (IRC) turn lane standards found in land development
regulation Section 952.12 traffic standards, and based on the anticipated construction and
operating conditions presented in the project traffic study, the applicant/licensee shall construct as
part of the project an east bound right turn lane on SR60 at the project's entrance consistent with
applicable FDOT and IRC design standards.
This condition has been agreed to by the applicant as reflected on page 10 of the December 2015
"Site Certification Application Completeness Responses".
2. Traffic Impact Fees
In accordance with land development regulation Chapter 910 concurrency, and associated impact
fee payment standards of Title X Impact Fees, prior to project construction, the applicant/licensee
shall pay Indian River County transportation (traffic) impact fees for the project administration
building with the acknowledgement that in accordance with the FPL/Indian River County
franchise agreement, the fees will be off -set from the franchise agreement revenue. The amount
of the impact fee shall be based on the "Unincorporated Indian River County: Impact Fee Schedule
(Effective Date 2/2/2015)", applying the "Manufacturing" land use category "Transportation" fee
to the final under air square footage (housing administrative staff) of the project administration
building.
This condition has been agreed to by the applicant.
F:\Cornrnun1tyDevelcprnent\FPL Pipeline\Indian River County Agency Report for Certification Application —FPL Okeechobee Clean Energy 3
Center (PA15-58)-V2.docx
Z�{3-1
i
3. Emergency Services
The applicant/licensee shall reimburse Indian River County for extraordinary emergency
services expenses or services including but not limited to expenses and services related to
hazardous materials events, consistent with Indian River County Emergency Services
District ordinance section 208.13.
This condition (condition. -3a) is in accordance with Indian River County Code Section
208.13, and was agreed to by the applicant as reflected on page I 1 of the December 2015
"Site Certification Application Completeness Responses".
b -_ Prior-to°consf,ftjction_of the Project,_EPL shall make a one-tir1ipayment-to _.[ndian.River'
County in the amount of $90,000_to be used hy_Indiar%R>ver County to support ordinary
1 emergency services support for construction and operation of the Project in th..c event -that
- ---
_.
eec o ec _ ounty requests Indian River Count emergency support under -Indian River
County's mutual aid agreement -with Dkcechobee County. Notwithstanding the teiins_of
the FPUlndian River County -franchise agreement,-FPLagrees not to_oft-set this one=time
payment of $90,000 against_ franchise agreement revenue, in recognition that Indian_ River
County agrees to provide t- FPL -An annual accounting of use of this fund.
FP.L has_as condition (condition -3b).
c:= To facilitate familiarity with the Project and emergency services framing deemed necessary
by _Indian River County, first, coinciding with commencement of major mechanical
equipment construction and then, prior to operation, FPL shall provide onsite orientation
of the facility to IRC emergency response personnel and familiarize them with known
hazards, chemicals, and fire protection systems, and FPL shall -fund emergency services.
training deemed necessary by Indian- River -.County up to _the $00,000 limit set forth
below. Notwithstanding the terms of the FPL/Indian River` Co-- -franchise agreement,
FPL agrees not to off -set any fees, charges, or other impositions assessed by Indian River
3d with these two orientation events -and e -me `gency =se vices training
_y_by lndian River Co_u_n_ty, up to a total of $200,000,8A;A9;
against franchise agreement revenue.
RPLhas_agrecd his condition(conditign 3c):'
IndianRiver County appreciates the opportunityto
file this agency report with recommended
certification conditions. If you have any questions, please do not hesitate to contact me at (772)
226-1253.
F:\Community Development\FPL Pipeline\Indian River County Agency Report for Certifi ation Application — FPL Okeechobee Clean Energy 4
Center(PASS-S8)-V2.docx
Z` -t 3 - 5
Sin c&ely,
Stan 'Boling, AICP
Community Development Director, Indian River County
Attachments:
1. Comparison of Okeechobee County and Indian River County Fire Station Locations and Fire
Rescue Apparatus/Personnel
2. Documentation from Okeechobee County Regarding Emir gency Services Capabilities
3. :Mutual Aid Agreement BetWeen Indian Rivet-Cou --- ntv_ and -Okeechobee
, County
4. _IRC -Potable Water Sub -element Policy 3.1
5. Language of SJRWMD's Proposed Condition -33
cc: Board of County Commissioners (via e-mail)
Joe Baird, County Administrator (via e-ffi-iii-1)
Mike Zito, Assistant County Administrator (vii0e-mail)
Dylan Reingold, County AttoTey (via e-rnail)'--`
Bill DeBraal, Deputy County-Attoi fiby _(via e-mail)
Jason Brown (via e-mail)
Vincent Burke, P.E. (via e-mail)
Ar una Weragod -P.E. (via e-mail)
Eric Charest-(,vi PSE.
e-mail)
Chris Mora, PSE. (via e-mail)
Richard Szpyrka, RE (via e-o.mail)
Jeanne Bresett (via e-mail)
John King (N is e-mail)
Bfilan Burkeen (via e
-mail
'Roland M. DeB1614, AICP (via -e-mail)
Johii-W. McCoy, AICP (via e-mail)
SasanRo-hani,AICP ( e-mail)
Phil Mat -son, AICP (via e-mail)
Cheryl Dunfi, -Department of Health (via e-mail)
Bill Royce, Okeechobee 'County Planning (via e-mail)
John D. Cassels, Jr.-,- Okeechobee County Attorney (via e-mail)
;Mike Busha, Treasire Coast Regional Planning Council (via e-mail)
'James R. O'Connor, City Manager, City of Vero Beach (via e-mail)
Saint John's River Water Management District (SJRWMD) (via e-mail)
-Indian River County Soil & Water Conservation District (via e-mail)
1 Indian River County Agriculture Advisory Committee (via e-mail)
F:\Community Development\FPL Pipeline\lndian River County Agency Report for Certification Application — FPL Okeechobee Clean Energy 5
Center (PA15-58)-V2.docx
-4
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KEECHOBEE COUNTY FIRE RESCUE
G r�
.J r
n J.'
707 NW 6th Street
Okeechobee, FL 3497;
(863)763-5544
FAX (863)763-4565
Mr. William K DeBraal March 16, 2016
Deputy County Attorney
180127`11 Street
Vero Brach, Florida 32960-3365
Re: Public Records Response
i
Dear Mr. DeBraal,
In response to your Public Records Request I offer you the following information:
#1. Okeechobee County does not have a Hazardous Materials team at this time. Therefore,
we do not have any Level A Hazmat suits. We have eight members that have taken the 160 -hour
Hazardous Material Technician training course.
#2. Okeechobee County Fire Rescue is a Light Technical Rescue Team -Type II and is
identified as team #643. Our team is a joint venture between the City of Okeechobee and the
County and has 15 members. I have provided a copy of that recognition certificate.
#3- The daily staffing requirements and response deployment policies for Okeechobee
County Fire Rescue meet the requirements of the "two in two our rule as required by Florida
Statute 633, Florida Administrate Code 69A62, and OSHA 29 CFR 1910.134. I have attached a
copy of our Two in/Two out Standard Operating procedure.
I would also like to restatement my commitment to you and Chief King for my staff to attend any
meeting with your board to highlight the achievements and capabilities of Okeechobee County
Fire Rescue.
Should you have any questions please let me know.
Sincerely,
Ralph Franklin, CFO
Public Safety Director/Fire Chief
Vacant Bryant Culpepper Frank troy Terry Burroughs Margaret Garrard Belton
District 1 District 2 District 3 District 4 District 5
Attachment 2
L�3- Z0
OKEECHOBEE COUNTY FIRE RESCUE & -
I
OKEECHOBEE C1 FIRE DEPARTMENT
TEAM #643
; 1 9
Is recognized as i?
LIGHT TECHNICAL RESCUE TEAM. TYPE 11
4
By meeting state and national standards for Teqhz WBaqcdo training and is part of the
IiYozida Urban Seardh and Rescue System in the State, Emergency Besponse Plan
3 itanaoW. Napoki, Direewr David A. Casey, Bureau'Chic
CD
:3 Dividonof Stat6 Fire Marshal Diviaimi of State Fire Marshal
N
Training and Equipment Funded tbmqgb the &nihod States.Depattaient ofHomehind Security's
State Homeland &-cudty Ghwt Program and administered by the .Florida Division ofSMte Fire Marshal
Zj-
Purpose:
To establish standard guidelines and procedures that will serve to provide a safe working
environment for all employees and to reduce the risk of injury or death as a result of
department operations at emergency incidents. This policy will serve to comply with the 2_
} In, 2 -Out provisions in the OSHA Respiratory Protection Final Rule (29 CFR Part 1910).
11. Policy:
To operate as safely and effectively on emergency scenes as possible, Okeechobee
County Fire Rescue has established the following procedures that shalt be adhered to by all
personnel.
III. Procedure:
111.1. Definitions:
111.1.1. IDLH Atmosphere: An atmospheric concentration of any toxic, corrosive or asphyxiate
substance that poses an immediate threat to life or would cause irreversible or delayed
adverse health effects or would interfere with an individuals ability to escape from a
dangerous atmosphere.
111.1.2. Rapid Intervention Crew (RIC): A specifically designated team (minimum two members)
designed to provide personnel for the rescue of emergency service members operating at
emergency Incidents if the need arises.
111.1.3, Incipient Fire: A fire in the initial or beginning stage, which can be controlled or extinguished
by portable fire extinguishers. However, it is the policy of Okeechobee County Fine Rescue
to deploy a 1 3/4" hand line any time there is a fire inside a structure. Though the incipient
fire may actually be controlled by a smaller line or portable extinguisher, an 13/4" inch hand
j line shall be used in most cases.
111.1.4.; PAR: Personnel Accountability Report as defined in Okeechobee County Fire Rescue SOG.
111.2. General
111.2.1. The first arriving company shall determine if the incident Involves an "IDLH atmosphere". At
no time shall individuals enter an IDLH atmosphere independently. Teams of at least two
Page 193
Attachment 2
2 L13 -2--L
(2) SCBA equipped personnel shall be required for entry Into such an atmosphere at all
times.
111.2.2. In fire situations, it will be necessary for the Incident Commander to determine if the Fre is In
the incipient stage. A team of two qualified firefighters may take action according to SOG
Command Procedures to extinguish an incipient fire without the establishment of an initial
Rapid Intervention Crew (RIC).
111.2.3. if the presence of an "IDLH atmosphere" has been determined, and there are less than 4
qualified firefighters on the scene, the companies shall wait until at least 4 qualified
firefighters are assembled on the scene before initiating operations within the IDLH
atmosphere. Two qualified firefighters may begin operating within the IDLH atmosphere as
long as two additional qualified firefighters are outside the IDLH atmosphere to serve as the
initial rapid intervention crew (RiC). One of the two Initial RIC members must be responsible
for establishing the on -scene accountability system. The second RIC member may be
assigned other tasks and/or functions (such as IC) so long as these tasks and/or functions
can be abandoned, without placing any personnel at additional risk, if rescue or assistance
is needed.
111,2.4. Members operating in IDLH atmospheres must use SCBAs and PASS devices and must
work in teams of two or more. They must also maintain voice or visual contact with each
other at all times. Portable radios and/or safety rope tethering are not acceptable as
replacements for voice or visual contact Radios can (and should) be used for fire ground
communications, including communications between interior and exterior teams. They
cannot, however, be the sole tools for accounting for one's partner during interior
operations. Team members must be in close proximity to each other to provide assistance
in case of an emergency.
111.2.5. Until four firefighters are assembled, operations outside of the IDLH atmosphere shall
commence Immediately in accordance with standard operating procedures. Such
operations include, but are not limited to: establishment of water supply; exterior fire attack;
establishment of a hot zone; utility control; ventilation; placement of ladders; forcible entry;
exposure protection; and any other exterior operations deemed appropriate by the incident
commander.
111.2.6. As the incident progresses to the point of more than one interior team, an identified and
dedicated Rapid Intervention Crew (RiC) shell be established and positioned immediately
outside the IDLH atmosphere as per Okeechobee County Fire Rescue RIC Policy.
111.2.7. If the incident is in a high or mid -rise structure, large area facility, or other areas with
multiple IDLH atmospheres, the Incident commander shall establish the necessary number
of rapid intervention beams so that rescue can be accomplished without a deployment
delay. A team should be considered for each remote access point on any targe facility. The
incident commander will be responsible for determining the number of teams needed based
on the specifics of the incident
111.2.8. If a firefighter(s) becomes trapped, disabled, or otherwise in need of assistance by the
Rapid Intervention Crew, the incident commander shall announce this action to OUR
Dispatch via radio. In turn, OUR Dispatch shall simulcast the emergency message signal
and announce that a rescue is in progress. All on scene personnel not directly related to the
rescue shall follow the communications procedure as set forth in the Firefighter in Distress
SOG. An Immediate personnel accountability report (PAR) shall be conducted. The Incident
Commander shall then assign personnel to assist in the rescue and to assist the rapid
intervention crew as deemed appropriate. The RIC shall continue to inform the Inckient
Commander of their progress and actions taken during the rescue.
Page 194
Attachment 2
)-q 3 - z3
rl
) SC8A equipped personnel shall be required for entry Into such an atmosphere at all
111.2.2. In fire situations, it will be necessary for the Incident Commander to determinethe Bre is (n
the inciplent stage. A team of two qualified firefighters may take action according to SOG
Command Procedures to extinguish an inciplent fire without the establishment of an i OG
Rapid Intervention Crew (RIC).
111.2.3. If the presence of an "IDLH atmosphere" has been determined, and there are less than 4
qualified firefighters on the scene, the companies shall wait until at least 4 qualified
firefighters are assembled on the scene before initiating operations within the IDLH
atmosphere. Two qualified firefighters may begin operating within the IDLH atmosphere as
long as two additional qualified firefighters are outside the 10LH atmosphere to serve as the
initial rapid intervention crew (RIC). One of the two initial RIC members must be responsible
for establishing the on-ecene aoo0unt8Nlty system. The second RIC member may be
assigned other tasks and/or functions (such as 1C) so long as these tasks and/or functions
can be abandoned, without placing any personnel at additional risk, if rescue or assi
stance
is needed.
111.2.4; Members operating in IDLH atmospheres must use SCBAs and PASS devices and must
work In teams of two or more. They must also maintain voice or visual contact with each
afety rope tetherin
other at all times. Portable radios and/or sg are not acceptable as
replacements for voice or visual contact. Radios can (and should) be used for fire ground
communications, Including communications between interior and exterior teams. They
cannot however, be the sole tools for accounting for one's partner during interior
Operations. Team members must be in doss proximity to each other to provide assistance
CIn case of an emergency,
NI.2.5• Until four firefighters are assambfed, operations outside of the IDLH strnosphere shall
commence immediately In accordance with standard operating procedures. Such
operations include, but are not limited to: establishment of water supply; exterior ffm attack;
establishment of a hot zone; utility control; ventilation; placement of ladders; forclble entry,
exposure protection; and any other exterior operations deemed appropriate by the incident
commander.
IN.2.t3. As the Incident progresses to the point of more than one interior team, an Identified and
dedicated Rapid Intervention Crew (RIC) shall be establlshed and positioned immediately
outside the IDLH atmosphere as per Okeechobee County Fina Rescue RIC Policy,
111.2.7. If the incident Is In a high or mid -rise structure, large area facility, or other areas with
multlple IDLH atmospheres, the Incident commander shall establish the necessary number
of rapid Intervention teams so that rescue Can be accomplished without a deployment
delay. A team should be considered for each remote aeons point on any targe facility. The
incident commander will be responsible for determtning the number of teams needed based
on the specifics of the Incident.
111.2.8. If a firefighter(s) becomes trapped, disabled, or otherwise in need of assistance by the
Rapid intervention Crew, the incident commander shall announce this action to OUR
Dispatch vii radio. In tum, OUR Dispatch shall simulcast the emergency message signal
and announce that a rescue is In progress. All on scene personnel not directly related to the
rescue shall follow the communications procedure as aet forth in the Firefighter in Distress
BOG. An immediate personnel accountabilityreport (PAR) shall be conducted. The Incident
Commander shalt then assn personnel to assist in the rescue and to assist the rapid
Intervention crew as deemed appropriate. The RIC shall continue to Inform the Incident
Commander of their progress and actions taken during the rescue.
i?ege 194
Attachment 2
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Comprehensive Plan Potable Water Sub -Element
Through the time horizon of the plan, the county potable water system will continue to meet the
standards of the Federal Safe Drinking Water Act, Public Law 93-523: the Florida Safe Drinking
Water Act, Section 403.850 - 403.864, FS; Chapter 381, FS; and Rules 62 -550,40C -2,40C -3,17-
22,
2 -550,40C -2,40C-3,17-
22, and 64E-8, FAC.
POLICY 3.1: The County shall continue to use the Upper Floridan aquifer as the primary
source of potable water and use reverse osmosis as the principal raw water treatment method
for its regional potable water system. With that water source and treatment method, the
county will provide its customers with good quality water that meets the requirements of the
Federal Safe Drinking Water Act, Public Law 93-523; the Florida Safe Drinking Water Act,
Section 403.850 - 403.864, FS; Chapter 381, FS; and Rules 62-550, 40C-2, 40C-3, 17-22,
and 64E-8, FAC.
POLICY 3.2: The county, through the Environmental Health Department, shall r
evaluate all private water treatment plants. The results of this evaluation shall be
during the prioritization of potable water service expansion.
OBJECTIVE 4 Water Conservation
By 2020, the county's per capita water use will be less than the 2006,lol,el of 104 gallons/day.
POLICY 4.1: The county shall require the use of irriga ' n quality (I.Q.) effluent meeting
FDEP standards for irrigation in parks and facilities h ng significant open space areas (golf
courses, medians, etc.) when those areas are locate within the County Utilities Department
service area and are within 1 mile of the n est effluent reuse line. Reuse must be
authorized by the appropriate regulatory ag cies. When a project meets the above criteria,
the developer shall be required to cons an effluent reuse line for treated wastewater to be
used for spray irrigation.
POLICY 4.2: The county shal ontinue to apply the requirements of Chapter 926 of its land
development regulations, vXich require the use of drought tolerant vegetation, the use of
efficient irrigation syste s, and the preservation of existing native vegetation.
POLICY 4.3: ly6rder to eliminate irrigating during rain or when ground is saturated,
irrigation sys!The
at county facilities shall be either manually operated or utilize automatic
systems w' ors.
PO Y 4.4: county shall renew its annual contract with the SJRWMD to identify and
r wire property owners to plug or valve free flowing artesian wells.
Development Department
Indian River County 45
Attachment 4
�-y3-j�
Wording of SJRWMD Agency Report Recommended Condition 33
Note: The first and third paragraphs were added in response to a request by County staff
based upon Board member comments provided at the March 1, 2016 BCC Meeting.
Licensee acknowledges that the water needs of Florida's citizens wil l require alternative water
sources such as surface water projects in the future as determined by the water management
districts pursuant to the water supply planning process of section 373.217, F.S., and other
applicable provisions of Chapter 373, F.S. Licensee will in good faith evaluate the technical,
environmental, and economic feasibility of connection to and use of alternative water sources such
as surface water supplies when such sources become available according to the terms of this
condition.
Upon notification by the SJRWMD that an alternative water source has potentially become
available in the vicinity of OCEC Unit 1, including sources that lie outside of the boundary of the
SJRWMD, Licensee shall evaluate the feasibility of connection to and use of the alternative water
source. As used herein, the term "alternative water source" means any source not identified as a
traditional water supply source in the applicable water supply plan adopted by the SJRWMD
pursuant to section 373.709, F.S., or successor provision, for the area encompassing the facility.
Within 180 days of the notification from SJRWMD of the potential availability of an alternative
water source, the Licensee shall submit a report to the FDEP SCO and the SJRWMD evaluating
the technical, environmental, and economical feasibility of each alternative water source
identified. The report shall contain an analysis of each alternative water source, including the
quantity of water available, the projected date(s) of availability, and costs associated with obtaining
and transporting the alternative water to the OCEC Unit 1 facility. If the SJRWMD determines
that use of additional alternative water sources are environmentally, technically, and economically
feasible, within 120 days of such determination, Licensee shall develop and provide an
implementation schedule to reduce, by the amount of additional alternative water source, the
quantity of ground water authorized for consumption by the site, to FDEP SCO and SJRWMD for
review and approval in accordance with Condition XX "Procedures for Post -Certification
Submittals". Once approved, Licensee shall take the necessary steps to implement the schedule.
Within 10 days of receiving notice from SJRWMD that an alternative water source has potentially
become available in the vicinity of OCEC Unit 1, Licensee shall provide a copy of that notice to
Indian River County. Licensee shall submit a copy of its alternative water source evaluation report
to Indian River County at the time it submits that report to the SJRWMD.
If by December 31, 2021 there has been no notification provided by the SJRWMD that an
alternative water source has potentially become available in the vicinity of OCEC Unit 1, Licensee
shall, in coordination with the SJRWMD and Indian River County, conduct a study, as described
above, to identify and evaluate the technical, environmental and economic feasibility of connecting
to and using alternative water sources that have the potential to become available in the vicinity of
OCEC Unit 1, including sources that lie outside the boundary of the SJRWMD. Licensee shall
submit the study to the SJRWMD and Indian River County by June 30, 2022. Licensee's
submission of the study shall not relieve Licensee of any obligation to evaluate the feasibility of
using an alternative water source upon future notification from the SJRWMD of an alternative
water source that has potentially become available in the vicinity of OCEC Unit 1, including
sources that lie outside the boundary of the SJRWMD.
Attachment 5
,2-y3 - 3a'
INDIAN RIVER COUNTY
PUBLIC WORKS DEPARTMENT
STORMWATER DIVISION
180127" STREET
VERO BEACH, FLORIDA 32960
Phone: (772) 226-1562
/aF L
11
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director Clv�
I
FROM: W. Keith McCully, P.E., Stormwater Engineer WV
SUBJECT: STORMWATER PARK ON NEWLY PURCHASED COUNTY PROPERTY
EAST OF OSPREY MARSH
DATE: March 24, 2016
INTRODUCTION
Pursuant to the February 16, 2016 County Commission meeting, the Board of County
Commissioners (the Board) purchased 83.14 acres of undeveloped land east of Osprey
Marsh Treatment Facility (Osprey Marsh) on the south side of 5th Street SW. The
stated objective is to create a pollutant removal system (stormwater park) on the
property that will remove nitrogen and phosphorus from Osprey Marsh's outflow water,
and increase the County's ability to meet proposed total maximum daily loads (TMDLs)
for nutrients discharged into the Indian River Lagoon. The purpose of this agenda item
is to request the Board to: (1) Approve Stormwater Division to proceed immediately with
grant I application and project design tasks, including subcontracting with necessary
professionals' to provide background information and minor design support; and (2)
Allocate up to $150,000 in additional funds to Stormwater Division's budget to pay for
the support consultants. As in the past, in an effort to minimize these expenditures,
staff will perform most of the engineering in-house. Similar to PC Main Screening
Facility, Egret Marsh Stormwater Park, and Osprey Marsh, Stormwater Division staff will
perform primary project design.
1 Design support professionals include geotechnical services, environmentalfbiological services, and land surveying
services.
i
F\Public Works\KeithM\Stormwater Projects\Osprey Marsh Ponds\Agenda -Direction from County Commission.doc
244
i
Page 2!
Stormwater Park on Newly Purchased County Property East of Osprey Marsh
BCC Meeting — April 5, 2016
March 21, 2016
On March 16, 2016, staff participated in a conference call with St. Johns River Water
Management District (SJRWMD) personnel to discuss potential grant opportunities. Mr.
John Juliana, SJRWMD Regulatory Coordinator, and other SJRWMD staff expressed
support for the project and indicated it could qualify for a Cost -Share Grant. In order to
meet grant deadlines, a Cost -Share application must be submitted by April 22, 2016
and final design must be complete by July 1, 2017. Stormwater Division is confident it
will meet this schedule.
This project will result in a one -of -a -kind treatment system that will be an extension of
Osprey Marsh's treatment train. It will significantly improve Osprey Marsh's effluent,
and offer tremendous upland and marshland wildlife habitat and breeding areas. Due to
its close proximity to Osprey Marsh, the site can easily become an important public
education facility, leading to additional pollution reduction by increasing public
awareness.
Stormwater Division's Egret Marsh Stormwater Park (Egret Marsh) is nearly identical to
Osprey Marsh with respect to its algal turf scrubber surface area. Egret Marsh's algal
turf scrubber is followed by a large pond/marshland system that results in significant
additional nutrient removal. Based on a one-year water quality study at Egret Marsh for
an EPA/FDEP 319 grant, the additional total nitrogen removed by its pond/wetland
system is 90.6 percent of that removed by the algal turf scrubber. Total phosphorus
reduction by the pond/wetland system is equal to total phosphorus removal by the algal
turf scrubber. Because the algal turf scrubber treats the water before it enters the
passive treatment system, a very high quality aquatic environment and wetland system
results. Staff expects similar pollutant removal and positive ecological results in the
proposed serpentine waterbody/marsh treatment system.
Additional ntreatment of Osprey Marsh's water in the new pollution reduction system will
significantly increase the County's ability to meet upcoming TMDL limitations. FDEP
recently presented draft nutrient reduction criteria to staff2. When this project is
included with two other Stormwater Division projects in preliminary planning/design
phase;, the County will come very close to meeting the proposed nitrogen reduction goal
and will exceed the proposed phosphorus reduction goal. Standing alone, the project is
significant. Assuming similar removals as experienced in Egret Marsh's
waterbody/marsh system, and based on the first eight months of Osprey Marsh's
operational data, the project is expected to remove over 11,900 pounds of total nitrogen
and 3,300 pounds of total phosphorus each year. The project will also address the
I
2 Per an FDEP draft report dated December 2, 2015, Indian River County's estimated loading to the Indian River
Lagoon is 224,100 pounds total nitrogen (TN) and 39,714 pounds of total phosphorus (TP). Per a March 2009
FDEP report, the County will be required to reduce the TN by 51 percent and the TP by 47 percent. This means that
if the draft report is approved, the County must remove 114,291 pounds TN per year and 18,666 pounds TP per year
from water entering the Lagoon.
F \Public Works\KedhM\Stormwater Projects\Osprey Marsh PondsWgenda -Direction from County Commission.doc 245
Page 3
Stormwater Park on Newly Purchased County Property East of Osprey Marsh
BCC Meeting — April 5, 2016
March 21, 2016
continuing erosion experienced along Indian River Farms Water Control District's
Lateral J-1 Canal.
ANALYSIS
Alternative No. 1 — (1) Approve Stormwater Division to proceed immediately with grant
application and project design tasks, including subcontracting with necessary
professionals to provide geotechnical, environmental, and land surveying support
services; and (2) Allocate up to $150,000 in additional funds to Stormwater Division's
budget to pay for the support consultants.
Alternative No. 2 — Design the project but do not apply for grant funding.
Alternative No. 3 — Do nothing at this time.
FUNDING
i
The potential $150,000 funding is available from optional sales tax reserves.
RECOMMENDATION
Staff recommends the Board of County Commissioners:
1. Approve Alternative No. 1 — (1) Approve Stormwater Divisi
immediately with grant application and project design t,
subcontracting with necessary professionals to . provide
environmental, and land surveying support services; and (2)
$150,000 in additional funds to Stormwater Division's budget
support consultants.
ATTACHMENTS
None
APPROVED AGENDA ITEM
FOR:! April 5, 2016
)n to proceed
sks, including
geotechnical,
Allocate up to
to pay for the
Indian River County
A r
Date
Administrator
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Stormwater Engineering
3-2_* —2�P�
F \Public Works\KeithM\Stormwater Projects\Osprey Marsh PondsWgenda -Direction from County Commission.doc 246
INDIAN RIVER COUNTY FLORIDA
BOARD MEMORANDUM
TO: Joseph A. Baird,
County Administrator
THROUGH: Christopher R. Mora, P.E.
Public Works Director
1
W. Keith McCully, P.E., Stormwater Engineer
FROM: Alexis Peralta, Stormwater Educator & Fert. Enforcement
SUBJECT: IRC Summer Camp for a Sustainable Future
DATE: 3/23/2016
DESCRIPTION AND CONDITIONS
IRC Summer Camp for a Sustainable Future is a week-long camp for incoming 6th — Stn graders to learn what it means to
be an environmental steward. The goal of this camp is to foster awareness and behavior change in the youth through
activities and reflection focusing on three areas of environmental sustainability including land, water, and energy.
There are three major camp objectives to engage the youth in this goal: 1) Learn and discuss key sustainability concepts;
2) Engage in daily activities to improve our environment and educate the public; and 3) Learn daily actions that extend
beyond camp to conserve resources and minimize their environmental impact.
The summer camp will be led by Alexis Peralta, IRC Stormwater Educator, and co -led by Stephanie Fonvielle, IRC Recycling
educator. Staff intends to also utilize 1 or 2 unpaid college "intern" volunteers to help each week of camp. Three separate
week-long camps will be held throughout the summer, with a maximum of 8 kids per camp. Campers will have the
opportunity to test canal water, mark storm drains, and be involved in litter cleanups, among other various activities.
Campers will also experience tours full of educational value at Egret Marsh Stormwater Park, the IRC Landfill, and the Vero
Beach Marine Lab.
Of the five Counties that border the Indian River Lagoon, many camps provide an environmental awareness, but none
offer a camp solely focused on sustainability. This camp will teach youth about the importance of our environmental
impact for the future while using scientific techniques that the students perform themselves.
Exciting kids about science at an early age can have a profound effect on their futures. Summer camps offer a way to keep
their minds sharp, develop team -building skills, and get a feel for different careers. There are numerous reports showing
the positive influence summer camps have on young minds, especially science -based summer camps. There is so much to
learn from the field of environmental science, particularly in sustainability. Enrolled in the IRC Summer Camp for a
Sustainable Future, kids will not only walk away with more knowledge of environmental fields, but with the experience to
inspire and care for the world in a new way. Learning to enjoy science can encourage any student to pursue a career that
could change the world. Attached are a few letters from Rosewood 4th graders proving how excited they get to learn about
environmental science, and what an impact even just an hour teaching them can have.
By teaching the next generation how to live a sustainable life, we will in turn create a sustainable future.
F:\Public Works\Alexis Peralta\Commision Meetings\04.05.16 IRC Summer Camp docx 247
Page 2
Agenda Item IRC Summer Camp for a Sustainable Future
For 04/05/16,
FUNDING
IRC Summer Camp for a Sustainable Future will have 8 students, per week, for three weeks totaling 24 campers.
A rough budget, estimating prices for all 24 campers, totals $1300. This amount includes testing kits, safety goggles and
vests, Marine Lab tour tickets, camp shirts, and snacks, among other materials needed. Camp enrollment is envisioned
to be $50 per camper which equals $1200 incoming. The Stormwater Division is therefore only left with $100 to cover
from the rough budget, and any minimal costs that may surface.
This amount is budgeted within the Stormwater Promotional Expenses Account No. 11128138-034820.
RECOMMENDATION
Staff recommends the Board of Commissioners authorize and approve Stormwater and Recycling staff to proceed with
IRC Summer Caimp for a Sustainable Future.
i
i
ATTACHMENTS
-Summer Camp Outline and Overview
-2016 Camp announcement flyer for schools
-Four letters from 4th graders after the stormwater presentation as Rosewood Magnet
-Camp application
-Camp Activity waiver form
-Consent to medical treatment form
-Volunteer application forms
APPROVED AGENDA ITEM
Indian River County
App.Loved
Date
Administration
31 j
Budget
( 6
Legal
Public Works
3�z8 AK
Ermwater Division
F:\Public Works\Alexis Peralta\Commision Meetings\04.05.16 IRC Summer Camp.docx 248
UMMER cq
l 1awlC
Come have a summer to remember learning
i
the joys of the natural sciences. This camp is a
hands on adventure whereou will spend
pe d
five days experiencing what life is like as an
environmental scientist. This camp is only $50!
CHOOSE A CAMP:
JUNE ?1- JULY 1
JULY 11 - 15
AUGUST 1 - 5
Space is LIMITED! Contact Alexis Peralta to apply
Email: aperalta@ircgov.com Phone: 772-226-1565
249
IRS SUMMER CAMP
FOI R A SUSTAINABLE FUTURE
Environmental Science
for incoming 6'"-S'h Grade
Provided by IRC Stormwater & Recycling
250
8 kids - 5 days - 3 camps
�. �� •.- ;-e- ricin �` _ � �•.
UN
}'f- F
µ\*' �:OVIn'
1 -0
' Totaling
24 kids — 3 weeks — Years of environmental difference
251
IMPACT
Exciting kids about science at an early age can have a profound effect on their
futures. Summer camp offers a way to keep their minds sharp, learn to feel part of a
I
team, find role models, and get a feel for different careers. There are numerous reports
i
showing statistics of a positive influence from not just summer camps but especially
I
science based summer camps. I want to show these middle schoolers that being an
I
environmental scientist does not mean just being a park ranger or Tallahassee lobbyist,
I
though these are both great environmental jobs, it's almost the only two people think
of. There is so much more to the field of environmental science, specifically in
sustainability. These kids will not only walk away with more knowledge of this field, but
with Ithe experience to inspire and care for the world in a new way. Learning to enjoy
science can encourage any student to pursue a career that could change the world.
252
Sample Itinerary: Wednesday
9:OOAM Kids arrive in Training Room
9:15AM Litter Cleanup and Dog informationals
11:30AM Lunch
12:OOPM Soil testing experiment
12:30PM Record Soil data and discuss impact of fertilizer
1:OOPM Start recycled material instruments
2:OOPM Recycling Bingo/Snack
3:OOPM Parent Pick-up
Sample Itinerary: Thursday
I9:OOAM Kids arrive in Training Room
9:15AM Powerpoint learning other Sustainable Energy methods
110:OOAM Tour of Landfill
111:30AM
Lunch @ Egret
12:OOPM Marking of Stormdrains
11:30PM Finish Recycled instruments and songs
12:30PM Prep for Friday Beach Day
I
i
i
Sample Itinerary: Friday
9:OOAM Kids arrive at TRACKING STATION Beach
9:15AM Turtle Dig with Kendra
10:OOAM Marine Lab Tour with Nancy
11:OOAM Lunch
11:30AM Beach Clean-up
12:OOPM Free Play
2:OOPM Pavilion Wrap up/Review/Snack
3:OOPM Parent pick up @ Tracking Station
i
i
255
i'
Water kits:
Soil Kits:
$250
$50
Safety Goggles:
Go
$ 30
�
Safety Vests:
$15
Jeopardy Buzzers: $55
Camp Shirts: $450
Snacks: $150
Marine e Lab Tour: $120
Stor ; drain stencil: $40
Water bottles: $140
I
Total: $1300
If we charge each kid $50: -$1200
County only pays: $100
*ELC's cheapest camps are $120/VBML camp is $400
$50 wiould pay for their shirt, experiment kits, and snacks
*Stormwater has a promotional account that can cover all camp costs:
256
Soil test kit- $120 for 10 kids http://www.honietrainingtools-com/soi1-test-lab-kit
Soil Test Lab Kit
• Nitrate low to high in five increments
Item# BE-SOILLAB
This economical soil testing kit is a great tool for studying the
effects of soil nutrients on plant growth or to improve your
garden! You will learn to sample your soil, prepare it for testing,
and then complete the four analytical chemistry tests to
determine pH and the nitrogen, potassium and phosphorous
content The hands-on chemistry portion of the tests will be
especially rewarding for most students as they measure add
chemicals, mix, and analyze the results This kit has sufficient
chemicals to perform each of the four tests ten times
The four soil tests have semi -quantitative results as follows
pH 4 5 to 7.5 in 0 5 pH increments
Phosphorous low to high in five increments
Potassium low!to high in five increments
Use this kit to help study the effects of soil nutrients for your science fair project. Prepare different soils with various pH
and nutrient levels and then observe the effects on plant growth The instruction booklet for this kit includes ideas for
adjusting phi and nutrient content and also lists the best pH range for many flower varieties
Environmental water testing kit- $50 for 5(?) kids http://www.hometrainingtools.com/e_nvironmental-testiiiR-lab-kit
Environmental Testing Lab Kit
Item# KT-ENVRLAB
Learn about pollution and the environment with this complete study kit! It comes
} ` ' with materials and a guide to do nine tests for air and water to test for pollutants
xir li' where you live This kit contains chemicals and lab supplies to measure water
`...-�hardness, the pH of water the level of carbon dioxide in the air, smoke density
and more Each test can be performed several • „ - �, __ � � p a times, making this an ideal kit _� �•�, for small classrooms or co-ops The instruction manual contains information
4 about many types of pollution as well as a helpful glossary of terms
Some common household items are necessary to complete the tests, such as a
measuring cup and scissors The chemicals in this kit should be used under adult supervision. Protective equipment (such
as gloves, goggles, and aprons) is necessary to perform all the tests safely MSDS information for each chemical is
included in the kit.
257
I
Watersafe Drinking water kit- $50 for 4 kids littp://www.liornetrainingtools com/watersafe-science-pi-oiect-kit
Watersafe Science Project Kit
Item# KT-WATSAF4
How safe is your drinking water? This question is becoming increasingly
important as harmful contaminants are found in the drinking water supply of
cities across the country Now you can answer this question in your own
experiments with the Watersafe Science Project Kit.
You'll get everything you need to test four different water samples for eight
different indicators of water quality You choose which water samples to test
for your science project - home tap water, school drinking fountain, fast food
restaurant ice dispenser, school cafeteria - the possibilities are many
Foran your ownihypothesis about which water is best and why Then learn about and test for bacteria, lead, pesticides,
nitrates, nitrites, chlorine, hardness and pH level. Record your results on the forms that come on a CD with the kit.
compare your results to EPA (Environmental Protection Agency) standards, and form your own conclusions
Tests are quickland easy to complete - you get the results in a few minutes You also get a CD with instructions
information about each contaminate/water quality variable you are testing, and ready -to -use data sheets that help you
record your results quickly and efficiently and then print easy reports
i
Note Shelf life is about six months Watersafe T61 is a screening test and cannot be used to certify water as safe or unsafe
for drinking Watersafe TM provides approximate results when used in strict accordance with instructions
Safety Goggles- $3.10 http://www.hometrainitigtools.com/safety-goggles-splash-full-size
Safety Vests- $1.89 http-//www.webstaurantstore.com/lime-high-visibility-safety-vest-25-x-
18/486V101 html?utm source=Google&utm medium=cpc&utm campaign=GoogleShopping&gclid=ClfrtK encsCFUuQH
wodGJYAMw
Jeopardy Buzzes $50.99
)s://www.scnoolouttitters com/catalog/product info/pfam id/PFAM34671/products id/PRO46200?sc cid=Go
-7883&adtype=pla&kw=&CAWELAI D=32001257000007.3103&CAGPSPN=nla
Summer Camp Shirts $400
258
IRC Summer Camp for a Sustainable Future Application
Environmental Science Camp for incoming 6th -8th Graders
This is a five day camp Monday -Friday, 9am-3pm, totaling $50
Please choose a first and second availability for Camp:
June 27 -July 1 July 11-15
I
Aug 1-5
Camps i ill be filled on a first come first served basis, if first preference is filled, second preference will be
selected if there is still availability. Camps have a maximum of 8 students.
I
1
Students Game:
Student's age:
Grade student
Parent'sParent's name
Address:iA .,
Phone number
Email address:
Shirt Size: ADULT XS, S, M, L, XLH'
Application questions to be answered by the student
Please tell why you would like to participate in this summer camp.
2. What does sustainability mean to you?
wnicn or tnese sciences are you MUST interested in learning: (we will touch on each of these)
Q a. Biology Q b. Chemistry a
c. Environmental 0
d. Geology
Please return to Alexis Peralta via email at aperalta@irceov.com. You will be notified by return email if your child has
been accepted and will have 7 days to make payment; failure to pay in time will remove your child from camp
registration due to high demand. Please call 772-226-1565 for any questions.
259
INDIAN RIVER COUNTY
STORMWATER DIVISION
180127 T" Street
Vero Beach, FL
772-226-1565
Consent to Medical Treatment of Minor
\�_>_t ti%).! �/
If the applicant is under 18 years of age, the parents or guardian must execute in addition to the
minor.
1 hereby authorize any duly authorized physician, emergency medical technician, paramedic,
nurse, hospital or other medical facility to treat myself or said minor for the purpose of attempting
to treat or relieve any injuries received by myself or said minor while I or he was a participant or
observer at the event named below.
1 authorize any licensed physician to perform any procedure which he deems advisable if
attempting to treat or relieve any injuries or any related unhealthy conditions of myself or said
minor that he may encounter during any necessary operation.
consent to the administration of anesthesia to myself and/or said minor as deemed advisable by
any licensed physician.
I realize and appreciate that there is a possibility of complication and unforeseen consequences in
any medical treatment and I assume any such risk on behalf of myself and said minor. 1
acknowledge that no warranty is being made as to the results of my treatment.
The undersigned parent and natural guardian or legal guardian of said minor does hereby
represent that he is, to fact, to such capacity and agrees to save and hold harmless and indemnify
Indian River County, Florida, School District of Indian River County and their directors, officers,
employees, volunteers, agents and representatives, event holders, event sponsors, event directors,
event volunteers, physicians, emergency medical technicians, paramedics, nurses, hospitals or
other medical facilities from all liability, lost, cost, claim or defect in lack of such capacity to so
act and release said parties on behalf of the undersigned.
Event:
Name of Minor:
Name of Parents or Guardian:
Address:
Print or Type
Street
Print or Type
City: State: Zip:
Phone Number:
Parent's Signature: Date:
260
i
RELEASE, WAIVER, COVENANT NOT TO SUE, INDEMNITYAND
l ASSUMPTION OF RISK AGREEMENT; AGREEMENT TO USE
LIKENESS OR IMAGE
i (ACTIVITY)
z
Please Read Carefully
i
In consideration of Indian River County allowing the undersigned and, if applicable, his or her
minor children and/or wards (collectively "Children"), to participate in the following activity
T TZL Stkmamp
rwt7
(the "Activity"), the undersigned after carefully reading and understanding this agreement,
hereby knowingly and voluntarily (a) releases, satisfies and discharges Indian River County,
] including its commissioners, officers, employees and agents (collectively the "County") from
K any and all claims, causes of action, losses, damages, expenses or liabilities of any type
whatsoever, arising out of any personal injury, death or property damage occurring during the
? course of, or relating in any way to, the Activity (collectively "Claims"), (b) irrevocably waives
all Claims, (c) agrees that the County shall have no liability with respect to any Claims, and
1 agrees not to sue the County with respect to any Claims, (d) agrees to defend, hold harmless and
indemnify the County with respect to any Claims, including reasonable attorneys fees, (e)
acknowledges and assumes all risk of personal injury, death or property damage occurring during
the course of, or relating in any way to, the Activity, and (f) acknowledges and agrees that
sections (a), (b), (c), (d) and (e) above shall apply to any Claims accruing or arising at any time
after the date of this agreement through completion of the last and final event relating in any way
to the Activity, and shall apply to any Claim based, in whole or in part, upon any negligence by
E the County.
�. In addition to the above, I agree that the County may use and publish any photographs, video or
digital! images of me and/or any Children in any media (e.g., print, television, etc) for the purpose
of advertising or promoting the County generally, or the Activity.
This agreement has been signed by the undersigned on behalf of himself/herself, and on behalf of
any Children, and shall be binding upon the undersigned and any Children, and the personal
representative or heirs of the undersigned and any Children.
Date:
Signature:
Print name:
List Children, if any:
261
VER
o
s s
�LORTD�
INDIAN RIVER COUNTY
VOLUNTEER AGREEMENT AND RELEASE FORM
Welcome! We appreciate your interest in becoming a volunteer with Indian River County and
look forward to your contribution to the organization and the public it serves. As a condition
of performing volunteer work for the County, you must sign this volunteer agreement and
release form. If you are under the age of 18, your parent or guardian must also understand
and sign this agreement, and be responsible for all of your actions while you are performing
volunteer activities.
As a volunteer with Indian River County, you agree as follows:
• That .you understand you are a representative of the County and, as such, acknowledge
your responsibility to conduct yourself in a professional and courteous manner at all times,
to treat employees and the public with respect and dignity, and to perform your duties to
the best of your abilities;
1
• That it is your desire and intention to perform voluntary services for the County without
compensation, remuneration, and without the expectation of future employment;
• To arrive at your designated work site in time to begin work as scheduled or to contact the
Department designee in advance of your scheduled time if you will be absent;
• To attend training on County policies as required, and abide by them;
• To submit to a background check. By signing this agreement, at this time, and until
informed in writing to the contrary, you hereby authorize without reservation, any party or
agency contacted by Indian River County, to furnish any information concerning:
employment, education, driving record, criminal record and/or any other information
relevant to your becoming a volunteer for Indian River County;
• That you understand and agree that performing volunteer services does not create a
contractual arrangement or employment relationship between you and Indian River
County;
i
• To comply with all instructions given by your Department designee, including but not
limited to those instructions related to work safety;
• That during the course of performing volunteer services and anytime thereafter, you will
hold as confidential all privileged and sensitive information, which you may obtain directly
or indirectly, concerning the County, its customers, volunteers, and employees;
262
That in the event you are injured while performing authorized volunteer services for the
County, you will report the injury immediately to County staff and that it is your
responsibility to file any injury claims with the Risk Management Division;
• That the County may revoke its permission to allow you to perform voluntary services for
the iounty at its sole discretion and for any reason whatsoever.
The undersigned (and his/her legal guardian, if under the age of 18) has read, understands
and voluntarily signs this Agreement, and further agrees that no oral representation,
statements, or inducements apart from the foregoing written agreement have been made.
You hereby declare that to the best of your knowledge the information provided both verbally
and on. Ithe volunteer application is complete and accurate, and you understand that
appointment as a volunteer will be contingent upon satisfactory completion of a background
investigation.
Volunteer Applicant's Name (Print):
Volunteer Applicant's Signature:
i
Parent/Guardian's Signature
(If volunteer applicant is under 18 years of age)
Date
Date
Hrl%]
SUBMIT APPLICATION TO:
Human Resources Department
1800 27T" Street
Vero Beach, FLI 32960
Fax (772)770-5004
I
i
Position applying for:
PERSONAL INFORMATION:
Name
First
Address:
j Street
Phone number (Hm.)
I
Date of Birth (if under 18).
C�4�
Rf�i
��ORIDI`
INDIAN RIVER COUNTY
VOLUNTEER APPLICATION FORM
Middle
City/State
(Cell) _
Department:
Last
Zip Code
(Emergency) _
Have you worked or volunteered for Indian River County in the past? _Yes No
If yes, When?
Which department?
Have you been convicted of a felony? _Yes No Misdemeanor? _Yes No
Major traffic ,infraction (moving violation)? _Yes No
If yes, please explain and give dates
EDUCATION HISTORY: (check all that apply)
_ Master's Degree _ Bachelor's Degree _Associate's Degree _ H.S. Diploma/GED _ Student
Major or couI se of study?
Please list professional memberships, certificates, licenses, honors, fellowships, etc
REFERENCES:
List two references, other than relatives or former employers, and provide contact information
Name
Phone No
Name
Phone No.
The statements made by me in this application are true and complete to the best of my knowledge I
understand that any willful misstatements or material omission on this application will be considered
sufficient cause to disqualify me for volunteer opportunities with Indian River County.
During such times as I am a participant in the Indian River County Volunteer Program, I agree to assume
full responsibility for such participation and release the County from any damages which I may sustain
thereby I fully understand that if my services are no longer needed, or my performance is not
acceptable, the County has the right to terminate my services without notice
Applicant's Signature.
Parent/Guardian signature:
Telephone:
Date
Date.
264
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265
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By Alexis Peralta 6 Stephanie Fonvielle
O To excite students about science and positively change
behaviors towards a sustainable lifestyle.
O Encourage middle schoolers to start focusing on a career
that can help the world around them.
O To have campers actively inspire the
community by de
how to prevent
pollution.
24s- 1
A
M§
. W -a
-g
, H MRS`
ENU
Al 22
i
0 1 camp 0 3 camps
0 8 campers 0 24 campers
O 5 days a 0 15 days
0 gam-3pm 0 90 hours
0 $50 (x8 campers) 0$1200
X
-amEnvironmenft a
Recycling
• Single Stream Recycling Presentation
• Tour of the landfill and Recycling Building
• Activities: Styrofoam Recycling, litter clean
UPS
OlGames: Recycling Bingo, Recycling Relay
jroRW With Us ... RECYCLE,!-
4/6/2016
218- 2
a�
Stormwater Pollution
0 Enviroscaps presentation
• Tours Egret Marsh and Main Relief
• Activities: marking Storm drains, canal
water sampling
• Games: stormwater jeopardy
2
i
NA
• Turtle Talk with Kendra Cope
• Tour of the Vero Beach marine Lab
• Beach Clean-up
• Sustainability of our local ecosystems
Tracking Station Beach
'511
Photo Credit: Sea Turtle Conservancy
4/6/2016
a r� • ° i G '
Camp fees can all be covered by the
Stormwater Promotional Expenses
Account.
If',the camp registration fee is directed
back into the Stormwater Division, thes
fees will cover 92% of all Camp Costs!
Talk about sustainable!
By teaching
the next
generation
how to live a
sustainable
life, we will
in turn
create a
i
sustainable
future.
Rough Budget: (all 24 kids)
O Water kits:
$250
O Soil Kits:
S50
O Safety Goggles: S30
O Safety Vests:
$15
O Jeopardy Buzzers
$55
O Camp Shirts:
$450
O Snacks:
$150
O Marine Lab Tour: 5120
O Water bottles:
S140
O Class supplies:
S40
Total: $1300
24 campers X $50: - $1200
County only pays: $100
SUMMER C
-. sustainable
."
t_
4.
Come have a summer to remember leaming COOOEE A CAAW
the joys of the natural sciences. This camp is a Ma 27 -18111
hands on adventure where you will spend JULY it - 15
five days experiencing what life is lilze as an
Aeseat t — s
environmental scientist. This camp is only S5O!
Ifs..` "
Learn'about environmental sustainability ,
Hands°on water ggo!lity testing and soil sampling
�-F1eld trips to Egret Marsh Stor at&Parkt, Vero
Beach Marine Lab; IRC Landfill,`and,the beach!
Experience the FUN.of. Environmental Science!
Space is LIMITED! Contact Alexis Peralta to apply
Email: aperalta@ircgov.com Phone: 772-226-1565
" f speak for
the trees, I'll
yell and I'll
shout! For the
fine,things in
Earth are on
their way
out.°
4/6/2016
�_ 6$' 4
INDIAN RIVER COUNTY, FLORIDA )DG -L
DEPARTMENT OF UTILITY SERVICES
Date: March 28, 2016
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager ACJ
Kevin Osthus, GIS Coordinatorp
Subject: Collier Creek Subdivision Phase 1 Petition Water Assessment Project UCP 4125,
Request for Authorization for the Department of Utility Services to Proceed
with Engineering Design Services and Retain Carter Associates, Inc. for
Surveying Services
DESCRIPTIONSIAND CONDITIONS:
The Department of Utility Services has received a valid preliminary petition from Phase 1 of the property
owners of Collier Creek subdivision (see Location Map, Attachment 1) requesting that the County supply
potable water and fire protection to their subdivision. Staff is now seeking authorization to begin
engineering design and retain Carter Associates, Inc. to provide surveying services necessary to prepare
detailed construction plans for the public bidding process.
ANALYSIS:
The Collier Creek subdivision proposed water assessment service area (Phase 1) has 112 residential lots.
Signed petitions were received from 81 of the 112 residential lots in Phase 1, or 72.3% of the property
owners (see Schedule of Properties, Attachment 2.) The signed petitions are on file at the Department of
Utility Services.' The preliminary estimate of the project cost is approximately $700,000.00, subject to
change once a detailed design is complete. Carter Associates, Inc. submitted Work Order No. 1 for a lump
sum amount of $25,540.00 for surveying services for the Collier Creek Phase 1 water assessment project,
under the (Engineering/Survey) Continuing Professional Survey & Mapping Contract No. 1333, 2015-2016.
Once the design is complete, staff will revise the preliminary estimate and bring forth Resolution I, the
Providing Resolution that will set the preliminary assessment roll and Resolution 11, the Setting Resolution
that will establish the time and place of the Public Hearing.
FUNDING:
Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated
from connection fees paid by the benefitting property owners. Engineering design services will be
provided by the Department of Utility Services.
,1'd_ 1,1 2
269
ACCOUNT NAME
ACCOUNT NUMBER
AMOUNT
Collier Creiek Phase 1 Water Assessment
r
473-169000-16515
$25,540.00
RECOMMENDATION:
The staff of the Department of Utility Services presents the Board of County Commissioners with two
options:
1. Do nothing and terminate the project.
2. Approve the attached Work Order No. 1 with Carter Associates, Inc. for a lump sum
amount of $25,540.00, authorize the Chairman to execute the same, as presented, and
authorize staff to move the project to the Design Phase.
i
Staff of the Department of Utility Services recommends that the Board of County Commissioners
approve Option 2.
ATTACHMENT(s):
1. Location Map
2. Schedule of Properties
3. Work Order No. 1 from Carter Associates, INC
I
_ APPROVED FOR AGENDA:
By
For
to
_'2
Z3-"Ol- 16
h J4. Baird, County Administrator
Indian River Co.
Approved
Date
Administration
/
Legal
L
Budget
( 6
Utilities
`(e
Utilities -Finance
C
270
_• I COLLIER CREEK SUBDIVISION INDIAN RIVER COUNTY
DEPARTMENT OF UTRFTY SERVICES
SCHEDULE OF PROPERTIES -PHASE 1
No.
I I PP_PIN�OWNER_NAME
1 31391800009000600001.0
DESAI SURESH R (TR)(TOK) &
JSITE_ADDR
100 BECKER AV
SIGNED PETITION
x
2 31391800008000700001.0
WALDRON MEGAN &
100 CHARLES AV
x
3 31391800009000700010.0
KEEPING KAREN J'
101 BECKER AV
x
4
313918000080D0800001.0
PAPARIAN RAYMOND P JR &
101 CHARLES AV
x
5
31391800009000600002.0
THIESSEN LEONARD J 1R' SHIZUKO
102 BECKER AV
x
6
31391800008000700002.0
BALDASSANO PAUL A JR (TR)(TOK)
102 CHARLES AV
x
7
31391800009000700009.0
PARKER GREGORY J ERLINDA
103 BECKER AV
x
8
31391800008000800002.0
HUDON ROBERT' GINETTE
103 CHARLES AV
x
9
313918000090D0600003.0
MARCELLINO PAUL' JESSIE ANN
104 BECKER AV
x
10
31391800008000700003.0
ODEA MICHAEL D MARGARET P
104 CHARLES AV
x
11
31391800009000700008.0
CLEAVER JERRY A WILMA C
105 BECKER AV
x
12
31391800008000800D03.0
BUCKINGHAM DONALD C KYONG C
105 CHARLES AV
x
13
31391800009000600004.0
DURING DONALD G PATRICIA A
106 BECKER AV
x
14
31391800008000700004.0
FOY ANDREW J (LE)
106 CHARLES AV
x
15
31391800009000700007.0
LEIPERT GABRIELE A
107 BECKER AV
x
16
31391800008000800004.0
RIZWI TABASSUM
107 CHARLES AV
17
31391800008000700005.0
QIZILBASH ALI A ZAHIDE
108 CHARLES AV
x
18
31391800009000700006.0
MYERS RICHARD L &
109 BECKER AV
x
19
31391800005000100004.0
LIVINGSTON MARK A' ALLISON L
193 CHELLO AV
x
20
31391800005000100003.0
EBERLE RICHARD WAYNE DEANN MARIE
194 CHELLO AV
x
21
31391800005000100005.0
COLOMBINO LUCIANO F KATHLEEN M
195 CHELLO AV
x
22
31391800005000100002.0
LEMOINE HENRY L • TONI
196 CHELLO AV
23
31391800005000100006.0
LACHOWICZ GARY A NICKI LYNN
197 CHELLO AV
x
24
31391800005000200001.0
WOLZ MICHAEL E SUSAN F
200 CHELLO AV
x
25
31391800005000200002.0
ALTVATER HENRY L EDITH E
202 CHELLO AV
x
26
31391800005000200009.0
HOFFMAN BRUCE M NAHIR
203 CHELLO AV
x
27
31391800005000200D03.0
HARRINGTON ROGER S (LE) RANNELL L (LE)
204 CHELLO AV
28
31391800005000200008.0
KLINK RICHARD F MINA M
205 CHELLO AV
x
29
31391800005000200004.0
FORGATCH JOHN D
206 CHELLO AV
30
31391800005000200007.0
CHIECA ROBERT' MARIE
207 CHELLO AV
x
31
31391800005000200005.0
CRONIN BRADFORD F PAULINE T
208 CHELLO AV
x
32
31391800005000200006.0
HEINZ HDENNIS 'GAIL
209CHELLOAV
x
33
31391800005000100001.0
BORTOLI-FERGUSON, WENDY
699 S EASY ST
x
34
31391800005000200010.0
MCDERMOTT THOMAS M (LE) JOYCE R (LE)
700 S EASY ST
x
35
31391800005000100007.0
FJ WEBB FAMILY LP (1/2) &
701 S EASY ST
x
36
31391800005000200011.0
WALLS PETER H DONA V
702 S EASY ST
x
37
31391800005000100008.0
EDWARDS JOSHUA B VIVIAN
703 5 EASY ST
x
38
31391800005000200012.0
GRACE PETER T KATHLEEN M
704 S EASY ST
x
39
31391800005000100009.0
VERNON CAROLYN J &
705 S EASY ST
40
31391800005000200013.0
CONLON JOHN M ' BETTY M
706 S EASY ST
x
41
31391800006000100010.0
FORSTE ROBERT' NANCY
707 S EASY ST
42
31391800006000200014.0
LEEDHAM R W (LE) MARY (LE)
708 S EASY ST
43
31391800006000100011.0
CANNEY JOHN ' CAROLE
709 S EASY ST
x
44
31391800006000200015.0
HOLMES CALVIN TRUMAN JR TAMMY
710 S EASY ST
45
31391800006000100012.0
MCCARTHY SUSAN
711 S EASY ST
x
46
31391800006000200016.0
WILLIAMS JACKIE
712 S EASY ST
x
47
31391800006000100013.0
MCCARTHY JAMES MONICA
713 S EASY ST
x
48
31391800006000200017.0
NAGY BELA G JR ELISSA R
714 S EASY ST
x
49
31391800006000100014.0
GEARY JOHN E NANCY R
715 S EASY ST
x
50
31391800006000200018.0
ELFORD JAMES R III' MARY JANE
716 S EASY ST
x
51
3139180000600010D015.0
KINDLER KENNETH LEIGH CHERYL LYNNE
717 S EASY ST
52
3139180000700050D019.0
FLEMING BRUCE W
720 S EASY ST
x
53
31391800007000900001.0
SUNNYCALB JAMES OLIVIA
721 S EASY ST
54
31391800009000500020.0
LAMACCHIA FRANK R ' DOREEN 1
722 S EASY ST
x
55
31391800009000500021.0
MARTIN JAMES S' CANDACE A
724 S EASY ST
56
31391800009000500022.0
MCCOLLUM DANIEL JUDITH CAROL
7265 EASY ST
x
57
31391800009000500023.0
LEA BRUCE W ELEANOR B
728 S EASY ST
58
31391800011000900002.0
NILSEN KENNETH' KIMBERLY
729 S EASY ST
59
3139180DD09000500024.0
DAVENPORT MICHELE SULLIVAN
730 S EASY ST
x
60
31391800009000500025.0
ELTERMAN FLORA GREEN (TR)
732 S EASY ST
61
31391800011000900003.0
HODGES JOHN A &
733 S EASY ST
x
62
31391800009000500026.0
RUNYON JAMES A' MIRIAM C
734 S EASY ST
x
63
31391800011000900004.0
KELLER PATRICIA A ARTHUR V
735 S EASY ST
64
31391800009000500027.0
1 HOWARD NORMAN J III &
736 S EASY ST
x
65r
31391800011000900005.0
ISIWICKI DAVID J SANDRA L
1737 S EASY ST
x
ATTACHMENT 2 - SCHEDULE OF PROPERTIES
3/16/2016 F•\Utilities\UTILITY-Engineering\Projects- Assessment Projects\o00Assessments_2014 Proposed\CollierCreekSubdivisionPhase 1\ExcelDocuments\Phase_1\ 272
1 Schedule_of Properties 01_25 2016.xlsx
COLLIER CREEK SUBDIVISION INDIAN RIVER COUNTY
SCHEDULE OF PROPERTIES -PHASE 1 DEPARTMENT Of UTILITY SERVICES
No. _I_
! PP PIN
JOWNER_NAME
_�SITE_ADDR
SIGNED PETITION
_ 661
31391800009000600009.0
JOHNSTON GARY WAYNE SALLY ANITA
_
738 HOLDEN AV
_�
X
67
31391800009000500028.0
HOWARD NORMAN LINDA
738 S EASY ST
X
_ 68
31391800009000600008.0
BLECKER EDGAR ELVA
739 HOLDEN AV
X
69
31391800009000900006.0
BARONE LOUIS KAREN
739 S EASY ST
X
70
31391800009000600010.0
HEISS JOHN M JR &
740 HOLDEN AV
X
71
31391800009000500029.0
O'KEEFE WILLIAM E BARBARA J
740 S EASY ST
72
31391800009000600007.0
DODD VALERIE
741 HOLDEN AV
X
73
31391800009000900007.0
JOHNSON ROBERT F LYNN DAVIS
741 S EASY ST
X
74
31391800009000600011.0
MANZI AL PHYLLIS
742 HOLDEN AV
X
75
31391800009000500030.0
GILL WALTER D GAIL M
742 S EASY ST
X
76
31391800009000600006.0
RHEIN JEFFREY M SUSAN L
743 HOLDEN AV
x
77
31391800009000900008.0
STEINGOLD JEFFREY'
743 S EASY ST
78
31391800009000600012.0
MARTIN ROBERT E (LE) KEMBERLY A (LE)
744 HOLDEN AV
x
79
31391800009000600005.0
FORSTER ALAN J & '
745 HOLDEN AV
x
_ 80
31391800009000900009.0
MCCORMICK MICHAEL A DIANE E
745 S EASY ST
x
81
31391800009000900010.0
JOHNSTON JOHN T MARCIA L
747 5 EASY ST
x
82
31391800009000600014.0
NIELSEN-CITO DIANE R &
748 HOLDEN AV
x
83
31391800009000900011.0
WOJCIKIEWICZ TOMASZ BARBARA
749 S EASY ST
x
84
31391800009000600015.0
KINKAID ROGER ALAN
750 HOLDEN AV
85
31391800009000900012.0
GARA JUNES
751 S EASY ST
86
31391800009000600016.0
LAROCHE GLORIA L
752 HOLDEN AV
_ 87
31391800008000900013.0
VANCE STEPHEN CINDY
753 S EASY ST
x
88
31391800008000600017.0
HAWS FRANKLIN ' ANITA V
754 HOLDEN AV
x
89
31391800008000600018.0
KAPP ROBERT FRANK SUSANNE'
756 HOLDEN AV
90
31391800008000800005.0
LEWIN GILBERT (LE) LEIGH C (LE)
757 HOLDEN AV
x
91
31391800008000900015.0
DIVERS PAUL J SR'
757 S EASY ST
x
92
31391800008000900016.0
COHN ROBERT D (LE) SHIRLEY J (LE)
759 S EASY ST
x
93
31391800008000800024.0
HUMPHREY MICHELLE DAWSON DAVID STANLEY III
760 S EASY ST
x
94
31391800008000900017.0
DANGER BRUNO P LISA M
761 S EASY ST
x
95
31391800008000800023.0
WHITMORE HOWARD' BARBARA E
762 S EASY ST
x
96
31391800008000900018.0
SERVICE PAUL
763 S EASY ST
97
31391800008000800022.0
BROWN ROBERT J DORIS L
764 S EASY ST
98
31391800008000900019.0
BUNNELL JAMES R TINA K
765 S EASY ST
x
99
31391800008000800021.0
SIMCHICK EDWARD M DALE IRENE
766 S EASY ST
100
31391800008000900020.0
KORONA ALFRED
767 S EASY ST
101
31391800008000800020.0
CLUTTS MELVIN E NANCY B
768 S EASY ST
102
31391800008000900021.0
JOHNSON NANCY C (TR)
769 S EASY ST
103
31391800007000800019.0
MCANELLY STEVEN D &
770 S EASY ST
104
31391800007000900022.0
EPISCOPO ANGELA (LE)
771 S EASY ST
x
105
31391800007000800018.0
STANILKA TONY JOYCE L
772 S EASY ST
x
106
31391800007000900023.0
LELEKIS JOHN' PAULA
773 S EASY ST
107
31391800007000800017.0
GHIGLIOTTY HENRY J (COTRS)(TOK)' AUDREE S (COTRS)(TOK)
774 S EASY ST
x
108
31391800007000800016.0
ST ANGELO EDWARD JR (TR)
785 HOLDEN AV
x
109
31391800007000600033.0
WALKER JARROD &
786 HOLDEN AV
x
110
31391800007001000008.0
PACOWSKI ANNE Y ROSTISLAW
800 HOLDEN CT
1111
31391800007001000001.0
TERRA FRIMA LAMININ LLC
801 HOLDEN CT
1121
i
Confidential
I
Ix
ATTACHMENT 2 - SCHEDULE OF PROPERTIES
3/28/2016 ' F•\Utilities\UTILITY-Engineering\Projects-Assessment Projects\OOOAssessments_2014_Proposed\CollierCreekSubdivisionPhase_3\ExcelDocuments\Phase l\ 273
2 Schedule_of_Properties_01_25_2016xlsx
EXHIBIT "A"
WORK ORDER NO.1
ngineering/Survey) Continuing,Professional Surveying & Mapping
Contract 1333, 2015-2016
Indian River County Project No. UCP 4125
CARTER ASSOCIATES, INC.
Consulting Engineers & Surveyors
1708 21st Street
Vero Beach, FL 32960
772-562-4191
779-569-71 RO Fax
CLIENT.
CAI JOB NO.:
INDIAN RIVER COUNTY_
16-235S
BILLING ADDRESS:
PHONE # (772) 226-1386
Surveying and Mapping Department
Fax #
1801 27th Street
CELL #
Vero Beach, Florida 32960
PROJECT LIMITS
DATE ORDERED:
Topographic Route 8,700 feet +/- Survey of South Easy Street,
February 04, 2016
Chello Av, Part of S. Fleming St., Becker Av., Charles Av., Part of
Holden Av., And Part of Holden Ct. Services performed within parts
of Collier Creek Estates, Section 18, T.31 S., R.39E, Indian River
County, Florida
EST. COMPLETION DATE
See Below
ORDERED BY:
TAKEN BY:
COST:
David Schryver, PSM
David E. Luethje, PSM
$25,540.00 lump sum
LEGAL DESCRIPTION (Lot, Block, S/D/Sec-Twp-Rge):
Part of The Collier Creek Estates, Phase four; Phase five; Phase six, Section 18-31-39, Indian River County,
Florida
PROPERTY STREET ADDRESS:
South Easy Street, Chello Ave, Becker Ave, Charles Ave, part of Holden Ave,
part of Holden Court, part of S.
Fleming St.
SERVICES TO BEIPERFORMED:
See Sheet 2 - 3 for Scope, Completion, and Compensation
i
i
274
Board of County Commissioners
Administration - Building A
1801 27th Street
Vero Beach, Florida 32960
Telephone: (772) 567-8000 FAX: 772-778-9391
Project:
Collier Creek Subdivision Phase I- Water Assessment Project
Topographic Design Survey
IRC Project No. UCP 4125
WORK ORDER NO. 1 (Engineering/Surveying)
I FOR
PROFESSIONAL SERVICES AGREEMENT
ANNUAL SURVEYING and MAPPING SERVICES
WITH
Carter Associates, Inc.
In accordance with Contract No. 1333 2015-2016
This Work Order No. 1 is in accordance with the existing AGREEMENT dated October 1, 2013,
and renewed October 17, 2014 and October 1, 2015 between Carter Associates, Inc.,
(SURVEYOR) and Indian River County (COUNTY):
SECTION I — PROJECT LIMITS
This Work Order No. 1 is for the SURVEYOR to perform all related field and office surveying
and mapping services in connection with the preparation of a topographic design survey for a
portion of Collier Creek Subdivision.
i
SECTION 11 - SCOPE OF SERVICES
As agreed d upon between SURVEYOR
Professional services to complete all tasks
detailed in the attached proposal Exhibit A.
and COUNTY, the SURVEYOR shall provide
as outlined in this Work Order No. 1; specifically
SECTION III —TIME FOR COMPLETION & DELIVERABLESMORK PRODUCT
1. Project shall be completed as follows:
a.; 100% "Paper" review submittal (final review prior to request for final deliverables)
shall be made within 60 calendar days of receipt of Notice to Proceed for review by
County Staff prior to preparing the final submittal package.
b. Time of FINAL project completion shall be within 10 calendar days of receipt of the
County's review comments from the 100% "Paper Submittal".
275
i
IRC Work Order No 1
Carter Associates, Inc.
March 11 2016
Page 2 of 3
12. Deliverables -The SURVEYOR shall provide the COUNTY:
la. 100% Phase Submittal for COUNTY review and comment. All submittals shall
include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all
survey points COUNTY shall strive to provide review comments within 10 calendar
days of the preliminary submittal.
i
b. FINAL Deliverables, Four (4) paper "hardcopy" signed and sealed drawing sets
Sheeted and model space (as applicable) AutoCAD drawing file in AutoCad Civil 3D
2013, PDF formats and an ASCII file for all survey points, all electronic -files to be on
! CD.
c. Survey set/sheets shall include a cover sheet with location sketch, survey
certifications, and related title and project number; survey notes, legend and
abbreviations and plan view sheets.
d. Work product and digital versions are to be prepared and submitted so that the
COUNTY or other consultants can readily use it for design and analysis of the area,
as defined. It shall contain all information necessary for a third party surveyor to
i independently recreate or utilize the survey work. It is acknowledged all final
products become property of Indian River COUNTY and will be available for use by
the public at large.
eiThe SURVEYOR'S work product shall meet or exceed the minimum standards
defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S
request for payment.
SECTION IV — COMPENSATION
The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described
services rendered as identified in Sections I, II, and III of this Work Order No. 1 for a total lump
sum fee of $25,540.00.
All and/or r any additional services not described hereon shall be pre -approved by the
COUNTY. Approved additional services shall be invoiced at the rates disclosed in the
approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2015
through September 30, 2016
i
All invoicing shall include Project Number UCP 4125, Work Order No. 1 (WO 1), Contract
Number 1333, itemize man-hours and materials expended to complete the scope of services.
Payments shall be in accordance with the original Professional Surveying and Mapping/GIS
Services Agreement, contract No. 1333 with the COUNTY and as stated in Section II, III and IV
hereon
276
1
IRC Work Order No 1
Carter Associates, Inc.
March 11, 2016
Page 3 of 3I
The AGREEMENT is hereby amended as specifically set forth herein. All remaining
the AGREEMENT shall remain in full force and effect, and are incorporated herein.
IN WITNESS WHEREOF the parties hereto have executed these presents this
of 2016.
i
OWNER
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
Approved by BCC
ATTEST:
Jeffrey K. Smith, Clerk of Circuit Court and
Comptroller
Deputy CI i rk
Approved as to Form and Legal Sufficiency -
Carter Associates, Inc.
sections of
day
David E. Luethje, PSM, Principle in
Charge
Witnessed by:
(Signature)
Dylan Reingold, COUNTY Attorney (Printed name)
r /
rd, CIdUNTY Administrator
277
PROPOSAL
EXHIBIT "A"
Continued
I
i WORK ORDER NO.1
(,Engineering/Survey) Continuing Professional Surveying & Mapping
IContract 1333, 2015-2016
CAI Job. No. 16-235S
IR County Project No. UCP 4125
IR County Contract No. 1333 _
IR County Work Order No.1
i
Project Limits:1
Approximately 8,700 feet +/- Survey of South Easy Street, Chello Av, Part of S. Fleming St., Becker Av.,
Charles Av., Pant of Holden Av., And Part of Holden Ct. Rights of Ways. Services performed and located within
parts of the Collier Creek Estates, Indian River County, Florida.
Topographic Route Survey performed within part of Section 18, Township 31 South, Range 39 East, Indian
River County, Florida.
Project Scope:
The SURVEYOR shall provide Professional Land Surveying services to include the following:
1.) Establish horizontal control based on Florida State Plane Coordinate System, East Zone, NAD 83/2007
and limited recovery of adjacent parcel corners; and establish vertical control network benchmarks along the
subject corridor based on North American Vertical Datum of 1988 not to exceed 600 feet.
2.) Field observe and record vertical ground spot elevations within project corridor, 10' outside of approximate
right way and all specific points (road pavement, inverts and bottom of structures, swales, etc.) and changes in
contour within the
subject corridor.
3.) Field observe and record all man-made above ground and natural features (over head electrical, valves,
mail boxes, driveways, culverts, utility risers, utility boxes, etc.
4.) Observe and record the existing limits of vegetation, if any, within the project limits of the subject corridor.
5.) The route survey to be tied into the record plats of the Collier Creek Estates.
Specific Notes:
Method of horizontal and vertical observations by G.P.S., RTK [accuracy: horizontal 10mm+1 ppm (RMS),
vertical 20mm+10pm (RMS)], North American Datum of 1983 / Adjustment of 2007, Florida State Plane
Coordinates (East
Zone-901) and North American Vertical Datum of 1988.
Project Schedule:
Work will commence on the receipt of the notice to proceed or approved work authorization.
Completion and Final Deliverables:
Five (5) paper "hardcopy" signed and sealed Topographic Route Survey Certificates and an AutoCAD drawing
file with PDF formats will be provided. Field and office tasks will be completed in approximately forty-five (45)
days.
2
278
Compensation:;
Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement,
Contract No. 13 i 3 with the Indian River County
I. Field and office tasks: horizontal and vertical control for the IRC Topographic Route Survey
Project No. UCP 4125; Set vertical control points along the project route survey. Tie subdivision
corners and project route to Florida State Plane Coordinate System (NAD 83/2007) and North
American Vertical Datum of 1988.
Surveyor 1
2 hours @ $140.00/hr..........................$ 280.00
Surveyor II
4 hours @ $125.00/hr..........................$ 500.00
GPS RTK' Survey Crew (2 Men / 2 Unit)
18 hours @ $120..00/hr.....................$ 2,160.00
Total I.....1 .......................................$ 2,940.00
II. Field observe and record vertical ground elevations and changes in contour within the subject
corridor and 10 feet outside of approximate right of way. Field observe and record existing
above ground man-made and natural features within the subject corridor.
Surveyor I
2 hours @ $140.00/hr...........................$ 280.00
Surveyor II
14 hours @ $125.00/hr ......................$ 1,750.00
Survey Crew (3 men)
84 hours @ $120.00/hr......................$ 10,080.00
Total li.............................................$ 12,110.00
Ill. Data reduction/drafting of Topographic Route Survey maps in AutoCAD format
Surveyor I
2 hours 6$140.00/hr .......................$ 280.00
Surveyor II
18 hours @ $125.00/hr ................... $ 2,250.00
CAD Technician 1
98 hours @ $80.00/hr.........................$7,840.00
i
Secretary/Word Processor
3 hours @ $40.00/hr............................ $ 120.00
Total III ......................................... $10,490.00
TOTAL I - III....................................$25,540.00 Lump Sum Fee
3
279
i
INDIAN RIVER COUNTY
PROFESSIONAL SURVEYING AND MAPPING
CONTRACT 1333 — OCTOBER 1, 2015 — SEPTEMBER 30, 2016
i
FEE SCHEDULE
OFFICE:
Surveyor I (Director / P.S.M.)
$140.00
Surveyor II (Project Manager / P.S.M.)
$125.00
CADD Technician I (Senior Survey Technician)
$ 80.00
CADD Technician II (Cadd/Processing)
$ 70.00
Geodetic Processing
$140.00
GIS Technician,/ Analyst
$105.00
Word Processing (Administrative Assistant (Research - Clerical)
$ 40.00
FIELD:
$15.00/Ea.
3 -Man Survey Crew
$130.00
2 -Man Survey Crew
$120.00
SPECIALIZED EQUIPMENT:
12' Airboat
$1,000/Day
All Terrain Vehicle (ATV)
$300/Day
Swamp Buggy i
$800/Day
ANTICIPATED REIMBURSABLE EXPENSES:
Postage, Express Mail, etc.
Cost
Blueprints/Blackline (24" x 36")
$2.00 Ea.
Mylar
$7.00 Ea.
Photocopies:
8.5" x 11"
$0.15/Ea.
8.5" x 14"
$0.25/Ea.
11" x 17"
$0.35/Ea.
Concrete Monuments
$15.00/Ea.
Rebar
$ 2.50/Ea.
Laths
$ 0.75/Ea.
Sub -Consultants Cost + 10%
4
280
llylan Remgold, County Attorney
William K DeBraal, Deputy County attorney
Kate Pingolt Cotner, Assistant County, attorney
Attor•ne},'s Mailers - B. CC 04.05.16
Of ce of ) s Pi
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM:
DATE:
SUBJECT:I
Dylan Reingold, County Attorney 01
March 23, 2016
Construction Board of Adjustment and Appeals Appointment
ATTORNEY
On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned
to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the
process of appointments and reappointments. This agenda item is to consider the appointment of an applicant
to fill the position of "Electrical Contractor" representative vacancy on the Construction Board of Adjustment
and Appeals, which term expires in January 2019. The vacancy has been advertised on the County's website
and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position,
whose rdsumd and application is available for review in the Commissioners' Front Office area:
Robert DiPietro, Sr.
The Countyl Attorney recommends that the Board review the applicant's rdsumd and application, and
determine whether to appoint him to fill the unexpired term for the "Electrical Contractor" representative to
the Construction Board of Adjustment and Appeals.
APPROVED FOR April 5, 2016
B C.C. MEETING – ATTORNEY'S MATTERS
COUNTY ATTORNEY
Indian River Co. A ved Date
Admin.
Co. Atty.
Budget
Dept. – ComDev
Risk Mgr. ll—
F:Whomey\ChristinalCOMMITTEMGeneral DlattenkBCC Agenda Memos1160323 Committee Vacancy (CBAA) - DlPielmP-docz 281
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Name Robert DiPietro SR—J Date 03/22/16 j
Full Name: Robert DiPietro SR ,Email Address. bip@bipelectric.com
Full Namel
Street Address (No P.O Boxes)- 445 9th ST SW #15, Vero Beach, FL. 32962 —
Home Phone 772-567-2471 Work Phone: 772-569-7704 Cell Phone. 772-321-7190
How long have you been a resident of Indian River County?150 years
i
Are you a full or part time resident? Check one. Full Time ✓0 Part TimeFll
Please list current employer or business If retired, please list any business experience that may be
applicable to the committee
Bip DiPietro Electric, Inc
Please list any licenses you presently hold -
State certified electrical contractor EC0002782
I
Please list any organization of which you are currently a member -
I
Please list any other committees or boards you currently sit on
Christian for Missions - Treasurer & team organizer
Epic Missions - board member
Continued on next page
282
i
Place a checklmark next to the committee(s) you would like to serve on.
AFFORDAB LIE HOUSING ADVISORY COMMITTEELl
AGRICULTURE ADVISORY COMMITTEE
I
BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
CHILDREN'S SERVICES ADVISORY COMMITTEE
CODE ENFORCEMENT BOARD
COMMUNITY DEVELOPMENT BLOCK GRANT
;
i
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
ECONOMICI
DEVELOPMENT COUNCIL
ENTERPRISE ZONE DEVELOPMENT AGENCY
F
ENVIRONMENTAL CONTROL HEARING BOARD
MPO BICYCLE ADVISORY COMMITTEE
MPO CITIZEN ADVISORY COMMITTEE
NEIGHBORHOOD STABILIZATION PROGRAM - CITIZEN ADVISORY TASK
FORCE
a
PLANNING & ZONING COMMISSION
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
Li
TOURIST DEVELOPMENT COUNCIL
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
TREASURE COAST REGIONAL PLANNING COUNCIL - COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY
a
ttleasep_intandretu�n-;the'co.mpletedAapplication`aloi'g€withacu��ent resume; to the Board of
County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334.
Please note:,,All applications are kept on file for 6 months.
'Print',;:. sR
283
Robert DiPietro, Sr.
P. O. Box 1822
Vero Beach, Fl. 32961-1822
State Certified #EC 0002782
Office 772-569-7704 Cell 772-321-7190
www.bivelectric.com
Skills & Abilities
Apprentice Electrician 1983
Licensed Journeyman Electrician 1989
,Licensed Master Electrician 1990
;Registered Electrical Contractor 1991
;State Certified Electrical Contractor 2001
iState licensed electrical contractor who is able to handle any size job or project.
Highly skilled at completing projects in a timely manner by working closely with
general contractors and other subcontractors. I currently employ 12 employees and
,strive to keep an honest business in the community I grew up in.
Experience
4 Owner Bip DiPietro Electric, Inc. 2/13/1998 — present
• Responsible for submitting project paperwork to general contractors or job owner
• Responsible for establishing scope and timeline for each project with general
contractors
• Responsible for creating a safe and legal worksite at each and every worksite
• Responsible for coordinating employees to avoid injuries and avoid slowing down
projects
• Responsible for submitting all project paperwork related to electrical work with
the proper authority
Education
Vero Beach Senior High School,
• High school diploma 12 years
• Graduated 1983
!Association of General Contractors Apprenticeship Program
• Indian River Community College 4 years
• Graduated 1989
Leadership
• Board member for Christians for Missions where I currently serve as treasurer and
trip coordinator.
• Board member for Epic Missions where I currently serve as a member at large.
• Past board member for YMCA of the Treasure Coast
284
BCC AGENDA
April 5, 2016
ITEM 14.A (1)
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: j Members of the Board of County Commissioners
DATE:' March 30, 2016
SUBJECT: All Aboard Florida — Additional Actions
FROM: Commissioner Bob Solari
As we ,keep the pressure on the Fortress Investment Group and its attempt to
send a Train through our County at speeds up to 110 miles per hour,
endangering the safety of our citizens and the well being of our communities I
would like to see if my fellow Board members would like to pursue any of the
follows{ng:
1
1) In the past Staff has invited the Secretary of the Florida Department of
Transportation to out Community to discuss safety issues involved with a
high speed train running through our County on the same tracks as freight
trains. The Secretary never took us up on our offer. We have still not had a
I public conversation about the impacts of this project on the
safety of our citizens. FDEP has a new Secretary and I wanted to know if
the Board wanted we to invite him to Indian River on behalf of the Board.
2) ,We have been told that our ability as a local government to limit the speed
of AAF through our County has been pre-empted by the Federal
.government. It is my understanding that because of accidents in other
;communities, Federal agencies have established safe speeds through
;these communities. Would the Board have an interest to see if, given the
highly dangerous nature of running high-speed trains on the same tracks
:as freight trains, we can get the appropriate Federal agency to limit the
speed of any trains running through our community?
285
i
3) Washing State recently passed new rules applicable to railroads that haul
oil through Washington State, including a rule requiring railroads to include
financial information in their annual report to show if they have the ability to
address a "reasonable worst case spill" of oil. Would the Board be
interested in beginning the legislative process to have FDEO develop and
implement a similar set of rules?
Thank you.
286
I
..— ----- "ana „ , am uaub uuuiu ',,Ora b iuuM on train sp111 I riellingham Herald
LOCAL FEBRUARY 13, 2016 6:28 AM
Washington asks
afford$ 7
I
OOM oil
BY SAMANTHA WOHLFEIL
swohlfeif@bhamherald.com
if railroads could
train spill
Page 1 of 8
Railroads that haul oil trains through Washington state will need to report whether
they could afford around $ 700 million to pay for a derailment and spill, under a
recently finalized state rule.
As announced Feb. 9, the requirement is one of three oil train safety rules the state
Utilities and Transportation Commission crafted as required under legislation that
state lawmakers passed in 2015.
The new rules, which :take effect March 11:
• Require signs with basic safety information be posted at private rail crossings
along routes that carry full or empty oil trains.
• Allow certain cities such as Bellingham, Aberdeen, Spokane, Tacoma, and
Richland to opt into a state rail crossing inspection program to get free assistance
with inspections.
I
• Require railroads to include financial information in their annual report to the
UTC to show if they could address a "reasonable worst case spill" of oil.
Reasonable worst case
The portion of the rule most heavily scrutinized during a months -long comment
process was the requirement to show financial ability to pay for a reasonable worst
case spill. The rule required commission staff to first define what a "reasonable"
worst case spill looks like, and second, calculate what cleaning that up might cost.
THEY DIDN'T WANT THE WORST CASE. THEY WANTED SOMETHING REASONABLE.
Jason Lewis, Utilities and Transportation commission transportation policy adviser
Railroads objected to the proposed spill scenarios, and argued that the requirement
to show whether they could afford cleanup was pre-empted by federal law. 287
Washington asks if railroads could afford $700M oil train spill I Bellingham Herald Page 3 of 8
Johan Hellman, on behalf of BNSF, wrote Sept. 21, 2015, that the company was
concerned with a draft that had defined the reasonable worst case spill as half the
train's contents, and had set minimum cleanup costs at $400 per gallon.
"We find both the definition and the minimum cost to beY exaggerated,"
eatl exa erated "
Hellman wrote.
The wo I Ist case calculation was refined to be based on the fastest speed an oil train
travels, but both BNSF and Union Pacific Railroad continued to object to the
requirement.
In a Dec. 7 letter to the commission, Melissa Hagan argued on behalf of Union
Pacific that requiring the railroad to detail the insurance it carries, along with its
ability to pay for the reasonable worst case cleanup, would "compromise the
integrity of Union Pacific's confidential business records" and was "blatantly
discriminatory."
Other people who commented said the rule didn't go far enough in its estimates for
how much oil could spill and how much those damages could cost.
State Sen. Christine Rolfes, D-Kitsap County, told the commission she thought the
reasonable worst case spill amount was "far too conservative" and the estimated
cleanup cost seemed "excessively low."
Dale Jensen, spill prevention preparedness and response manager for the state
Department of Ecology, also wrote to say an estimated $400 per gallon cleanup
cost would cover only a "portion of the overall costs of an oil spill" and "in the
event of la worst case spill, the true cost of damages incurred could certainly exceed
'
the level; established within the proposed rule."
The commission agreed with Jensen but said the legislation refers to a "reasonable"
worst case, not an absolute worst case spill.
i
Calculating tthe reasonable worst
In crafting the rule, commission staff looked to federal rule-making by the Pipeline
and Hazardous Materials Safety Administration and Federal Railroad
Administration, and to the actual worst derailment of ethanol or crude oil in North
America, which happened in Lac-Megantic, Quebec.
288
http://www.bellinghamheraid.com/news/local/article60156446.htmi 3/29/2016
i
Washington asks if railroads could afford $700M oil train spill I Bellingham Herald Page 4 of 8
"Quebec was a terrible tragedy that really put a lot of these types of regulations
more in� the public eye," said Jason Lewis, who helped craft the rule as
transportation policy adviser for the commission.
In Quebec, a parked, unmanned 72 -car train loaded with Bakken crude oil rolled
downhill, reaching 65 mph before crashing into the downtown and killing 47
people in July 2013. Sixty-three cars derailed and about 1.6 million gallons of oil
leaked.
THE WORST OIL TRAIN DERAILMENT IN NORTH AMERICA OCCURRED IN LAC-MEGANTIC,
QUEBEC, WHERE 63 CARS OF A 12 -CAR BAKKEN CRUDE OIL TRAIN DERAILED AT 65 MPH,
KILLING 41 PEOPLE.
Although Quebec is the worst oil train derailment to date, Washington state
legislators specifically asked the commission to find a "reasonable" worst case
scenario for the financial reporting requirement, Lewis said.
"They didn't want the worst case. They wanted something reasonable," Lewis said.
"It's an ambiguous term that we really had to work to define."
The commission looked to other state rules and used PHMSA and FRA logic to
scale down from the incident in Quebec, Lewis said.
I
The final rule says to take the maximum oil train speed (usually 45 to 50 mph),
divide it by 65 (the speed in Quebec), and account for kinetic force to get the
estimated percentage of the train's cargo they should be prepared to clean up.
To illustrate, assume the longest BNSF crude oil unit train transported in 2015 was
110 tank cars and that those trains go 45 mph at their fastest.
Under the new formula, the railroad needs to show whether it has the means to pay
for a theoretical spill of 47.9 percent of that oil.
Each tank car has a maximum volume of 30,000 gallons, so the train could carry at
most about 3.3 million gallons.
At a cleanup cost of $400 per gallon, the new guidelines want to know if the
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Washingtonlasks if railroads could afford $700M oil train spill I Bellingham Herald Page 5 of 8
railroadjcould pay $632.3 million.
If that train were to go 50 mph at its fastest, the reporting amount would be closer
to $7811 million.
$6312.3 m Ilion Amount railroads need to show they could pay for a
spill in Washington state if their fastest 110 -car oil
t0 X781 million train goes 45 to 50 mph
UTC staff also took into account that supertanker vessels that can carry 84 million
gallons of oil through Puget Sound are required to get certificates of financial
responsilbility through Ecology that cap out at $1 billion, Lewis said.
"If we went much higher in terms of total release or cost of cleanup, it would be
difficult,to justify a higher cap," Lewis said.
BNSF challenged similar legislation in California, claiming in court that federal
rules pre-empt state laws that try to regulate rail.
When asked whether BNSF would similarly challenge Washington's rules or still
had concerns about the worst case scenarios, BNSF spokeswoman Courtney
Wallace wrote that BNSF was committed to work in good faith with Washington to
promote safety.
i. .. .. . . .. . . . .. " .
WE HAVE NEVER EXPECTED TAXPAYERS TO ASSUME THE EXPENSE OF A CLEANUP AFTER A
DERAILMENT, AND WE STAND BY THE PRACTICES THAT HAVE ALLOWED US TO KEEP THAT
RECORD TO DATE.
Courtney Wallace, BNSF spokeswoman
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i
Washingt i n asks if railroads could afford $700M oil train spill I Bellingham Herald Page 6 of 8
Nothing is more important to us than safely moving all of the commodities we
carry, including crude oil. BNSF is a common carrier and our operations are
governed by the Interstate Commerce Commission Termination Act, which
generally pre-empts state and local regulations of railroads," Wallace wrote to The
Bellingham Herald.
"BNSF has a strong record of corporate responsibility," Wallace wrote. "We have
never expected taxpayers to assume the expense of a cleanup after a derailment,
and we stand by the practices that have allowed us to keep that record to date.
BNSF is financially sound with a long history, substantial assets and a track record
of being a responsible corporate citizen."
Because the rule only requires railroads to show whether they could afford that
level of spill in their annual report to the commission, rather than requiring they
carry a' certain level of coverage, the commission believes the rule does not conflict
with federal laws.
Annual reports from the railroads are due to the UTC in May.
Samantha Wohlfeil.• 360-715-2274, (SAWohlfeil
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1 291
http://www.bellinghamherald.com/news/local/article60l 56446.htmi 3/29/2016
April 5, 2016
ITEM 14.D.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: March 31, 2016
SUBJECT: Discussion Re: Zoning Changes to Restrict Marijuana Sale Locations
FROM: Peter O'Bryan ej, 0
Commissioner, District 4 `
Once again Medical Marijuana has accumulated enough petitions to be on the
ballot for November 2016. Early polling indicates support for the Constitutional
amendment at greater than 60%, making passage likely.
I
I'm asking if the Board wishes to re -visit the zoning changes that had been
proposed two years ago to restrict locations where marijuana could be sold, so as to
be in place and grandfathered in prior to the November vote.
Back up provided.
292
Dylan Reingold, County Attorney
William KI DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
Office of
INDIAN
MEMORANDUM
TO: I Board of County Commissioners
FROM: l Dylan Reingold, County Attorney �"
DATE: October 13, 2014
SUBJECT: Ordinance Concerning Medical Marijuana
BACKGROUND.
Public Hearing - B.C.C. 10.21.14
RIVER COUNTY
ATTORNEY
Amendment 2, concerning medical marijuana, will be on the November 4 ballot. Amendment 2 proposes
to amend the Florida Constitution to allow for 1) the medical use of marijuana for individuals with
debilitating diseases as determined by a licensed Florida physician, 2) caregivers to assist patients'
medical use of marijuana, and 3) the Department of Health to register and regulate centers that produce
and distribute marijuana for medical purposes.
On Sept Imber 23, 2014, the Indian River CountyBoard of County ty (,ommissloners (the "Board")
authorized the County Attorney's Office to draft an ordinance concerning the regulation of the distribution
of medical marijuana in the event Amendment 2 passes. In response to the authorization granted by the
Board, the County Attorney drafted the attached ordinance regulating medical marijuana.
At the September 23, 2014 Board meeting, there was a discussion of an ordinance that l) regulates
medical marijuana in a similar manner as pain management clinics, and 2) regulates the zoning of the
distribution of medical marijuana. The proposed ordinance incorporates the regulation of medical
marijuana into existing Chapter 315 of the Code of Indian River County, the Indian River County Pain
Management Clinic and Controlled Substances Ordinance. The definition of pain management clinics
under Chapter 315 was expanded to apply to Medical Marijuana Treatment Centers, which are those
entities that acquire, possess, process, transfer, transport, sell, distribute or dispense marijuana, products
containing marijuana, related supplies, or educational materials to qualifying patients or their personal
caregivers. The regulations which apply to pain management clinics will apply to Medical Marijuana
Treatment Centers, where applicable.
Approved for October 21, 2010 BCC Meeting
Public Hearing
COUNTY ATTORNEY
Indian River Co. App oved Date
Admin. W in
Co. A
Budget re
De artment
Risk Management
134
293
i
Board of County Commissioners
October 13, 2014
Page Two
Thus McIdical Marijuana Treatment Centers will be required to obtain a permit from the Indian River
County Community Development Department. An application for a permit would have to include the
following information:
a.; The name and address of the Medical Marijuana Treatment Center;
b., The name and address of each owner of the Medical Marijuana Treatment Center;
C. i The name and address of the person who has been designated as the responsible physician;
d. The name and address of the person or entity which owns the real property upon which the
Medical i arijuana Treatment Center will be operated;
e.' Proof that the applicant is currently registered as a Medical Marijuana Treatment Center,
pursuant to Article X, Section 29 of the Florida Constitution;
f. A sworn statement certifying that within the ten (19) years prior to submittal of the
application, neither the Medical Marijuana Treatment Center, nor any person identified in the application,
has been found to have acted with respect to controlled substances or marijuana in violation of applicable
law; and
g.; A sworn statement certifying that the Medical Marijuana Treatment Center, and every
other pain management clinic or Medical Marijuana Treatment Center owned or operated by any person
identified jin the application, will be operated in compliance with applicable law.
Additionally, a Medical Marijuana Treatment Center could not be operated in a manner which allows,
permits or encourages persons to loiter in or about the Medical Marijuana Treatment Center's parking
area. Also, a landlord or property owner cannot continue to lease property used as a Medical Marijuana
Treatment' Center if the landlord or property owner knows or, through the exercise of reasonable care
should know, that the Medical Marijuana Treatment Center is being operated in violation of applicable
law. '
Ordinances amending the land development regulations that change the actual list of permitted,
conditional, or prohibited uses within a zoning category must have a public hearing before the Planning
and Zoning Commission and two public hearings before the Board. Therefore, such proposed zoning
regulatioris will be addressed in a separate ordinance. That ordinance is scheduled to be heard by the
Planning and Zoning Commission on October 23rd and could be brought to the Board for hearings on
Novembei 4`h and November 181h.
i
At the September 23, 2104 Board meeting there was also a discussion of various low -THC versions of
medical marijuana. It is important to note that Amendment 2 does not address or include "low -THC
cannabis," as defined in Section 381.986, Florida Statutes if manufactured, possessed, sold, purchased,
delivered, distributed, or dispensed, in conformance with Florida Law. Thus, the compassionate use of low -
THC cannabis, as regulated by Section 381.986, Florida Statutes is outside the scope of Amendment 2,
this proposed ordinance and the zoning ordinance that will be considered separately.
,'A4nwwyVJdr0FNE".UI C fw+.ab hkw %l�*cd M&VY Ord.vn &V
135
294
Board of County Commissioners
October 13, 2014
Page Tw
As this proposed ordinance amends the Indian River County fain Management Clinic and Controlled
Substances Ordinance, drafts of this proposed ordinance were circulated to the municipalities and the
Indian River County Sheriffs Office. The County Attorney's Office has received no objections to this
proposed ordinance from those entities.
FUNDING.
There is n6 funding associated with this agenda item.
RECOMMENDATION.
The County Attorney's Office recommends that the Chair open the public hearing and take public
comment on this matter and then have the Board vote whether to approve the ordinance.
ATTACHMENT(S).
Proposed ordinance
Amendment 2
YNtraegVi�CJENfJUL18 CGlAar� Mr+aLLhdlcdMaryvmv tJMmzY.is
136
295
ORDINANCE NO. 2014 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 315 OF THE
CODE OF INDIAN RIVER COUNTY ENTITLED "INDIAN RIVER COUNTY
PAIN MANAGEMENT CLINIC AND CONTROLLED SUBSTANCES
ORDINANCE" TO INCLUDE REGULATIONS AND PROHIBITIONS OF
CERTAIN ACTIVITIES RELATING TO MEDICAL MARIJUANA; AND
PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, in 2011, the Indian River County Board of County Commissioners (the
"Board") created Chapter 315 of the Code of Indian River County entitled "Indian River
County Pain Management Clinic and Controlled Substances Ordinance"; and
I
WHEREAS, Amendment 2, allowing for the use of marijuana for certain medical
conditions is on the November 4, 2014 ballot; and
WHEREAS, in the event Amendment 2 is approved by the voters, it is necessary to
have existing regulations in effect to prevent a proliferation of medical marijuana distribution
facilities; and
WHEREAS, the Board finds that utilizing the regulations established for pain
management clinics in Indian River County to regulate medical marijuana is reasonable and
necessary to prevent the harmful impacts of medical marijuana distribution facilities in the
same manner that those regulations prevented the harmful effects of pain management
clinics and pharmacies,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
SectionA. Enactment Authority_
Article Vlll, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special
law, for the purpose of protecting the public health, safety and welfare of the residents of the
county. IThe Board specifically determines that the enactment of this ordinance is necessary
to protect the health, safety and welfare of the residents of Indian River County.
Section 2. Legislative Findings.
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296
The Board finds that the "Whereas" clauses above are true and correct, and hereby
incorporates such clauses as the legislative findings of the Board.
3.
Cha
ement Clin
Ile
Substances).
1
Chapter 315 of the Code of Indian River County, Florida is hereby amended to read as
follows (added language is underlined, and deleted language noted by strikethrough):
CHAPTER 315. PAIN MANAGEMENT CLINICS, AND CONTROLLED
SUBSTANCES AND MEDICAL MARIJUANA
'Section. 315.02. Definitions.
I
,For the purposes of this chapter, the following terms shall have the following
;meanings:
i
(1) Pain management clinic shall mean any publicly or privately owned facility:
that advertises in any medium for any type of pain management services;
or where in any month a majority of patients are prescribed opioids,
benzodiazepines, barbiturates, or carisoprodol for the treatment of chonic
nonmalignant paint or any Medical Marijuana Treatment Center as defined
by Article X Section 29 of the Florida Constitution, unless
a. The clinic is licensed as a facility pursuant to chapter 395, Florida Statutes;
b. The majority of physicians who provide services in the clinic primarily
provide surgical services;
c. The clinic is owned by a publicly held corporation whose shares are traded
on a national exchange or on the over-the-counter market and whose total
assets at the end of the corporation's most recent fiscal quarter exceeded
$50 million;
d. The clinic is affiliated with an accredited medical school at which training is
provided for medical students, residents or fellows;
e. The clinic does not prescribe or dispense controlled substances for the
treatment of pain or marijuana; or
f. The clinic is owned by a corporate entity exempt from federal taxation
under 26 USC section 501(c)(3).
2
139
297
Any clinic or facility meeting the definition above shall be considered a pain
management clinic, regardless of its use of any other descriptive name, such as
a center for "wellness," "detox," "detoxification," "urgent care," etc.
(2) Applicable law shall mean this Code, applicable Florida law, including,
without limitation, rules and regulations promulgated by the Florida
Department of Health, the Florida Board of Medicine, the Florida Board of
Osteopathic Medicine, the Florida Board of Pharmacy, and applicable
federal law;
(3) Board shall mean the Indian River County Board of County
Commissioners;
(4) Controlled substance shall mean a controlled substance listed in
Schedules II, III, or IV in section 893.03, Florida Statutes.
(5) Chronic nonmalignant pain shall mean pain unrelated to cancer or
rheumatoid arthritis which persists beyond the usual course of disease or
the injury that is the cause of the pain or more than 90 days after surgery.
(6) Department shall mean the Indian River County Community Development
Department.
(7) Marijuana shall mean cannabis as defined in Section 893.02(3) Florida
Statutes. The term does not include "low -THC cannabis," as defined in
Section 381.986, Florida Statutes if manufactured possessed sold
Purchased, delivered, distributed, or dispensed in conformance with
Florida Law.
(8) Medical Marijuana Treatment Center shall mean an entity that acquires
Possesses, processes (includinq development of related products such as
food, tinctures, aerosols, oils, or ointments) transfers transports sells
distributes or dispenses marijuana, products containing marijuana related
supplies, or educational materials to qualifying patients or their personal
caregivers and is registered by the Department.
(7-9) Pharmacy shall mean any pharmacy that is subject to licensure or
regulation by the Florida Department of Health under chapter 465, Florida
Statutes, and dispenses controlled substances in Indian River County.
f:u4mrylLwd•Y+A:dtAl1R•uhW— d CA. ;.AW&. d Mmy.onctr. 3
139
298
(810JPain Clinic Responsible Party shall mean any person or entity which owns,
in whole or in part, or operates a pain management clinic; any person who
manages or supervises the operations of a pain management clinic; any
person who has been designated as the responsible physician or
osteopathic physician for a pain management clinic, pursuant to
458.3265(1)(c) or 459.0137(1)(c), Florida Statutes; and any person who
participates, directly or indirectly, in any activity regulated or prohibited by
this chapter
(011JPharmacy Responsible Party shall mean any person or entity which owns,
in whole or in part, or operates a pharmacy engaged in activity regulated
or prohibited by this chapter; any person who manages or supervises any
activity regulated or prohibited by this chapter; and any person who
participates, directly or indirectly, in any activity regulated or prohibited by
this chapter.
(102)Qualfed pain management clinic shall mean:
a. A pain management clinic which is wholly owned and operated by one
or more board-certified anesthesiologists, physiatrists, or neurologists;
or
b. A pain management clinic which is wholly owned and operated by one
or more board-certified medical specialists who have also completed
fellowships in pain medicine approved by the Accreditation Council for
Graduate Medical Education or the American Osteopathic Association
or who are also board-certified in pain medicine by a board approved
by the American Board of Medical Specialties or the American
Osteopathic Association and perform interventional pain procedures of
the type routinely billed using surgical codes.
Except as otherwise provided, a qualified pain management clinic shall
be deemed to be a pain management clinic for all purposes set forth
herein.
Section 315.03. Prohibited Activities.
Each of following activities shall be prohibited and shall constitute a violation of this
Code:
F.Nao.wqVlidvY'ENFRALU4uSefwv80Nwvvld.�wa.nrlP�C4.fuWedmlA/e.�.e.alo� 4
140
299
(1) Operation of a pain management clinic without a valid and current permit
issued pursuant to section 315.04;
(2) Operation of a pain management clinic without a valid and current
business tax receipt;
(3) Operation of a pain management clinic without a valid and current
registration pursuant to sections 458.3265 or 459.0137, Florida Statutes,
or registered by the Department of Health, pursuant to Article X Section
29 of the Florida Constitution, unless such clinic is exempt from
registration under such statute;
i
(4) Submittal of a permit application, any sworn statement, or any other
information required by this chapter, which contains materially false
information;
(5) Operation of a pain management clinic in violation of a sworn statement
submitted to pursuant to sections 315.04 or 315.05;
(6) Operation of a pain management clinic or pharmacy in violation of
applicable law;
(7) Prescribing or dispensing of controlled substances or marijuana in violation
of applicable law;
I
(8) Activity within a pain management clinic with respect to a controlled
substance in violation of the standards of practice set forth in section
456.44(3), Florida Statutes;
(9) Operation of a pain management clinic in violation of the facility and
physical operations requirements, the infection control requirements, the
health and safety requirements, the quality assurance requirements or the
data collection and reporting requirements set forth in sections
458.3265(2)(f)-0) and 459.0137(2)(f) -Q), Florida Statutes, as applicable;
(10) Prescribing, administering or dispensing a controlled substance without a
valid and current controlled substance registration number issued by the
United States Department of Justice, Drug Enforcement Administration;
141
300
(11) Operation of a pain management clinic or pharmacy in a manner which
allows, permits or encourages persons to stand, sit (including inside
parked cars), gather or loiter in or about the clinic's parking area, for a
period of time exceeding that which is reasonably required to arrive and
depart the parking area, and to walk to and from the parking area and the
clinic;
(12) Continued leasing or permitted use of a property or structure which is used
as a pain management clinic or pharmacy if (a) the landlord or property
owner knows or, through the exercise of reasonable care should know,
that the clinic or pharmacy is being operated in violation of applicable law,
and (b) despite the passage of a reasonable period of time to do so, the
landlord or property owner has failed or refused to take reasonable
measures to stop or prevent the continued illegal activity on the premises;
or
(13) Failure to advise the Department of any change in any information,
statements, facts or circumstances, as required by section 315.04(10).
(14) Cultivation, administration or consumption of marijuana at a pain
management clinic.
Section 315.04. Permit Required for Operation of Pain Management Clinic.
(1) Permit Required. AfteF the effertive date of this eFdeRanGe, so No pain
management clinic shall operate by any means in Indian River County
without a valid and current pain management clinic permit issued by the
Department; PFGVided, heweyeF,
-teRr.e as of the e#eGtive date of this eFd'RanGe shall haye 6'* (60)
(2) Application. Any pain management clinic requesting issuance of a pain
management clinic permit shall complete and submit to the Department a
sworn application, on a form provided by the Department, containing, at a
minimum, the following information:
a. The name and address of the pain management clinic;
b. The name and address of each owner of the pain management clinic
(including, if the owner is a business entity such as a corporation, limited
6
142
301
liability company, etc, the name and address of each officer, manager or
managing member, general partner or other comparable person
authorized by state law to manage the affairs of the business entity), each
person who will be managing or supervising the activities of the pain
management clinic, and each person who will be prescribing or
administering controlled substances, and each person who will be
acquiring, possessing processing transferring selling distributing or
dispensing marihuana at the pain management clinic;
c. The name and address of the person who has been designated as the
responsible physician or osteopathic physician for the pain management
clinic, pursuant to sections 458.3265(1)(c) or 459.0137(1)(c), Florida
Statutes, if applicable;
d. The name and address of the person or entity which owns the real
property upon which the pain management clinic will be operated;
e. Proof that the applicant is currently registered as a pain management clinic
with the Florida Department of Health, pursuant to sections 458.3265 or
459.0137, Florida Statutes or registered as a Medical Mariivana Treatment
Center, pursuant to Article X. Section 29 of the Florida Constitution;
f. Proof that any person who will be prescribing or administering controlled
substances at the pain management clinic has a valid and current
controlled substance registration number issued by the United States
Department of Justice, Drug Enforcement Administration, including the
controlled substance registration number for each such person;
g. A sworn statement certifying that within the ten (10) years prior to submittal
of the application, neither the pain management clinic, nor any person
identified pursuant to subsections b, c or d above, has been found by any
county or municipal board, commission or council, or by any state or
federal court, or by any state or federal regulatory body, to have acted with
respect to controlled substances or marijuana in violation of applicable law;
and
h. A sworn statement certifying that the pain management clinic, and every
other clinic owned or operated by any person identified pursuant to
subsections b, c or d above, will, during the term of the permit, be operated
in compliance with applicable law.
A Wb -WV , 6CVaXAcw.,or —a a� �„a cm �„w� caewwkd v�.a.� 7
1'43
302
(3) Permit Application Fee. A permit application fee shall be paid by the
applicant at the time of submittal of the application, including renewal. The
amount of the fee shall be set by resolution of the Board. The amount
shall be sufficient to recover the County's approximate cost of reviewing
and acting upon the application.
(4) Denial of Application. The application for a pain management clinic permit
shall be denied if any of the following facts are found to exist and are not
cured within ten (10) days of written notice of such deficiency:
a. The applicant fails to pay the required permit application fee; or
b. The applicant fails to submit all information and statements required in
subsection (2) above, or the applicant has submitted such information and
statements but such information and statements are found to contain
materially false information.
(5) Issuance of Permit. The Department shall issue the permit within twenty
(20) days of submittal of a fully complete application, if the applicant has
submitted all information required in subsection (2) and none of the facts
set forth in subsection (4) is found to exist.
a
(6) Term of Permit. A pain management clinic permit shall remain in effect for
a term of two (2) years. Thereafter, a permit shall be subject to renewal in
the same manner that permits are issued initially as set forth in
subsections (2) through (5).
(7) Appeal. If an application for issuance or renewal of a pain management
clinic permit is denied, the applicant shall have the right of appeal as set
forth in section 100.06 of this Code. The denial shall be considered a
decision of a department head for the purpose of applying section 100.06.
An appeal fee shall be paid by the applicant at the time of filing an appeal
to the Board. The amount of the fee shall be set by resolution of the
Board. The amount shall be sufficient to recover the County's approximate
cost of reviewing and acting upon the appeal.
(8) Revocation of Permit. A pain management clinic permit shall be subject to
revocation in proceedings before the Indian River County Code
Ae oy.v.,, o a.�„w.a cx..w.ead vmyy.,.�ea. 8
14.4
303
Enforcement Board or any court of competent jurisdiction, in the event
that:
a. The information or statements submitted to obtain issuance or renewal of
the permit contained materially false information;
b. The permit holder, or any Pain Clinic Responsible Party, has engaged in
activity prohibited by section 315.03;
C. The permit holder, or any Pain Clinic Responsible Party, has been found
by any county or municipal board, commission or council, or by any state
or federal court, or by any state or federal regulatory body, to have acted
with respect to controlled substances or marijuana in violation of applicable
law; or
d. The permit holder, although required to be registered, is no longer
registered with the Florida Department of Health, pursuant to sections
458.3265 or 459.0137, Florida Statutes, or registered as a Medical
Mariivana Treatment Center, pursuant to Article X. Section 29 of the
Florida Constitution, or no longer holds a current business tax receipt for a
pain management clinic, or the controlled substance registration issued by
the United States Department of Justice, Drug Enforcement Administration
to any person prescribing, administering or dispensing controlled
substances at the pain management clinic has been suspended, revoked
or denied renewal.
(9) Emergency Suspension of Permit. Upon clear and convincing proof that
one or more of the events set forth in subsection (8) have occurred, and
upon a finding that continued operation of the pain management clinic
presents an immediate danger to the health, safety and welfare of the
residents of Indian River County, the Department shall be authorized
immediately to suspend the pain management clinic's permit. In such
event, the permit holder shall have the right of appeal as set forth in
section 100.06 of this Code. The suspension shall be considered a
decision of a department head for the purpose of applying section 100.06.
All aspects of the appeal shall be expedited. An appeal fee shall be paid
by the applicant at the time of filing an appeal to the Board. The amount of
the fee shall be set by resolution of the Board. The amount shall be
sufficient to recover the County's approximate cost of reviewing and acting
upon the appeal. Any emergency suspension pursuant to this subsection
shall continue for a period not to exceed six (6) months; provided,
F NmryVlwdAOAWMt.LVb.&1-A 0,,&—%"—Ip— doer 9
145
304
however, that if revocation of the permit is sought, the Code Enforcement
Board or court of competent jurisdiction in which the revocation request is
pending may extend the suspension beyond six (6) months until
completion of the revocation proceedings, if necessary to protect the
health, safety and welfare of the residents of Indian River County.
(10) Change in Information or Statements. The permit holder shall notify the
Department in writing of any change in any information or statements
submitted pursuant to subsections (2) a — h above, or of any change in any
facts or circumstances such that any information or statements submitted
pursuant to subsections (2) a — h are no longer completely true and
accurate. Such notification shall be provided within thirty (30) days of the
change.
Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such h; (ding and shall remain in full force and effect.
Section 5. Codification. It is the intention of the Board of County Commissioners that the
provisions of this ordinance shall become and be made part of the Indian River County Code,
and that the sections of this ordinance may be renumbered or re -lettered and the word
ordinance may be changed to section, article or such other appropriate word or phrase in
order to accomplish such intention.
Section 6. Effective Date. This ordinance shall become effective upon filing with the Florida
Department of State.
This ordinance was advertised in the Vero Beach Press Journal on the 8th day of
October , 2014, for a public hearing to be held on the 2jstday of October, 2014, at
which ' time it was moved for .adoption by Commissioner
seconded by Commissioner and adopted by the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Bob Solari
Commissioner Tim Zorc
The Chairman thereupon declared the ordinance duly passed and adopted this day of
, 2014.
1'46
305
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Peter D. O'Bryan, Chairman
I
ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency:
and Comptroller
By:
Deputy Clerk
Dylan Rein Id, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of , 2014.
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147
306
ARTICLE X, SECTION 29. Medical marijuana production, possession and use.
(a) PUBLIC POLICY.
(1) The medical use of marijuana by a qualifying patient or personal caregiver is not subject to criminal or civil liability or
sanctions under Florida law except as provided in this section.
(2) i physician licensed in Florida shall not be subject to criminal or civil liability or sanctions under Florida law for
issuing a physician certification to a person diagnosed with a debilitating medical condition in a manner consistent with
this section.
i
(3) Actions and conduct by a medical marijuana treatment center registered with the Department, or its employees, as
permitted by this section and in compliance with Department regulations, shall not be subject to criminal or civil liability
or sanctions under Florida law except as provided in this section.
(B) DEFINITIONS.
For purposes of this section, the following words and terms shall have the following meanings:
(1) "Debilitating Medical Condition" means cancer, glaucoma, positive status for human immunodeficiency virus (lily),
acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease,
Parkinson's disease, multiple sclerosis or other conditions for which a physician believes that the medical use of marijuana
would likely outweigh the potential health risks for a patient.
(2) "Department" means the Department of Health or its successor agency.
(3) "Identification card" means a document issued by the Department that identifies a person who has a physician
certification or a personal caregiver who is at least twenty-one (21) years old and has agreed to assist with a qualifying
patient's medical use of marijuana.
(4) "Marijuana" has the meaning given cannabis in Section 893.02(3), Florida Statutes (2013).
(5) "Medical Marijuana Treatment Center" means an entity that acquires, cultivates, possesses, processes (including
development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials
to qualifying patients or their personal caregivers and is registered by the Department.
(6) "Medical use" means the acquisition, possession, use, delivery, transfer, or administration of marijuana or related
supplies by a qualifying patient or personal caregiver for use by a qualifying patient for the treatment of a debilitating
medical condition.
(7) "Personal caregiver" means a person who is at least twenty-one (21) years old who has agreed to assist with a
qualifying patient's medical use of marijuana and has a caregiver identification card issued by the Department. A personal
caregiver may assist no more than five (5) qualifying patients at one time. An employee of a hospice provider, nursing, or
medical facility may serve as a personal caregiver to more than five (5) qualifying patients as permitted by the
Department. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use by the
qualifying patient.
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(a) "Physician" means a physician who is licensed in Florida.
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(9) "Physician certification" means a written document signed by a physician, stating that in the physician's professional
opinion, the patient suffers from a debilitating medical condition, that the potential benefits of the medical use of
marijuana would likely outweigh the health risks for the patient, and for how long the physician recommends the medical
use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a
physical examination of the patient and a full assessment of the patient's medical history.
(10)' Qualifying patient" means a person who has been diagnosed to have a debilitating medical condition, who has a
physician certification and a valid qualifying patient identification card. If the Department does not begin issuing
identification cards within nine (9) months after the effective date of this section, then a valid physician certification will
serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department
begins issuing identification cards.
(c) LIMITATIONS.
(1) Nothing in this section shall affect laws relating to non-medical use, possession, production or sale of marijuana.
(2) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient.
(3) Nothing in this section allows the operation of a motor vehicle, boat, or aircraft while under the influence of marijuana.
(4) Nothing in this law section requires the violation of federal law or purports to give immunity under federal law.
(5) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any place of
education or employment, or of smoking medical marijuana in any public place.
(6) Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse
any person for expenses related to the medical use of marijuana.
(d) DUTIES OF THE DEPARTMENT.
The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. The
purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. It is the
duty bf the Department to promulgate regulations in a timely fashion.
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(1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following
regulations shall be promulgated no later than six (6) months after the effective date of this section:
a. Procedures for the issuance of qualifying patient identification cards to people with physician certifications, and
standards for the renewal of such identification cards.
b. Procedures for the issuance of personal caregiver identification cards to persons qualified to assist with a qualifying
patient's medical use of marijuana, and standards for the renewal of such identification cards.
c. Procedures for the registration of Medical Marijuana Treatment Centers that include procedures for the issuance,
renewal, suspension, and revocation of registration, and standards to ensure security, record keeping, testing, labeling,
inspection, and safety.
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d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for
qualifying patients' medical use, based on the best available evidence. This presumption as to quantity may be overcome
with evidence of a particular qualifying patient's appropriate medical use.
(2) Issuance of identification cards and registrations. The Department shall begin issuing qualifying patient and personal
caregiver identification cards, as well as begin registering Medical Marijuana Treatment Centers no later than nine months
(9) after the effective date of this section.
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(3) If the Department does not issue regulations, or if the Department does not begin,issuing identification cards and
registering Medical Marijuana Treatment Centers within the time limits set in this section, any Florida citizen shall have
standing to seek judicial relief to compel compliance with the Department's constitutional duties.
(4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of
qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement
purposes.
(e) LEGISLATION.
Nothing in this section shall limit the legislature from enacting laws consistent with this provision.
(f) SEVERABILITY.
The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or an
application thereof, is adjudged invalid by any court of competent jurisdiction other provisions shall continue to be in
effect to the fullest extent possible.
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