HomeMy WebLinkAbout05/10/2016 (2)4
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COUNTY COMMISSIONERS DISTRICT
Bob Solari, Chairman District 5
Joseph E. Flescher, Vice Chairman District 2
Wesley S. Davis District 1
Peter D. O'Bryan District 4
Tim Zorc District 3
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MAY 10, 2016 - 9:00 A.M.
Commission Chambers
Indian River County Administration Complex
1801 27`h Street, Building A
Vero Beach, Florida, 32960-3388
ww%v.ircgov.com
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
1. CALL TO ORDER 9:00 A.M. PAGE
2. INVOCATION Philip Katrovitz, Humanist of the Treasure
Coast
3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Week of May 8 — 14, 2016, as
Tobacco Free Florida Week 1
--------------------------------------------------------------------------------------------------------------------
B. Presentation by Leslie Spurlock, QuitDoc Foundation, in Appreciation of
Indian River County's Leadership with Tobacco -Control ___________________________ ----
---------------
May 10, 2016 Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation by Michelle Dion and Kim Prado, Marine Bank & Trust, on
Volunteer Opportunities for the 2016 Vero Beach Air Show on June 25 — 26,
2016 2
--------------------------------------------------------------------------------------------------------------------
D. Presentation by Curtis Paulisin, First Vice President, and Patricia Geyer,
Director of Outreach Programs, Indian River County Veterans Council on
June 18`h Golf Tournament and other Programs_______________________________________ _______ 3-5
6. APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Retirement Award and Proclamation Honoring Brian Williamson on His
Retirement From the Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue with Thirty Years of
Service 6-7
--------------------------------------------------------------------------------------------------------------------
8. CONSENT AGENDA
A. Approval of Checks and Electronic Payments — April 22, 2016 to April 28,
2016
__(memorandum -dated April -2-8,2016) ............................................................. 8_- 13 _
B. Wild Turkey Sand Mine — Third Phase — Cash Deposit and Escrow
Agreements for Compliance and Restoration
__(memorandum dated May_2,_2016) _____ 14-24
----------------------------------------------------------------
C. Resolution Cancelling Taxes on Property Purchased by Indian River County
for Surface Water Storage and Treatment
__(memorandum_dated April -29,-2016) ..................... 25-32
----------------------------------------------
D. Work Order No. 8 Morgan & Eklund, Inc., 2016 Beach Profile Monitoring
Surveys — Summer
__(memorandum dated April -28,2016) ...................... 33-39
---------------------------------------------
E. Work Order No. 13 CB&I Coastal Planning and Engineering, Inc., Sector 3
Beach Restoration Project, 2016 Post Construction Physical Monitoring
Services
__(memorandum_dated April -2-7,-2016) --------------- 40-49
----------------------------------------------------
May 10, 2016 Page 2 of 6
8. CONSENT AGENDA PAGE
9.
10.
11.
F. Approval of Work Order No. MMRT-1 for Professional Land Surveying and
Mapping Services for Osprey Acres Stormwater Park
__(memorandum_dated May_3,_2016) --------------------------------------------------------------- 50-60
G. Approval of Award for Bid 2016028 — Annual Bid for Street Sweeping
__(memorandum_dated May_2,_2016)______________________________________________________________ 61-62
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Ordinance Concerning Medical Marihuana
(memorandum dated -May 2, 2016) 63-81
-----------------------------------------------------------
Legislative
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
1. Request to Speak from Susan Mehiel Regarding AAF/FEC and the
Nuclear Power Plant — Phyllis Frey will be speaking on Susan
Mehiel's behalf 82
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearinp_ for May 24, 2016:
County Initiated Request to Amend (update) the Text of Several
Elements of the County's Comprehensive Plan, Including the Future
Land Use Element, the Recreation and Open Space Element, the
Transportation Element, the Economic Development Element, and
the Solid Waste Sub -Element
Legislative
(memorandum dated Aril 21, 2016) 83-84
COUNTY ADMINISTRATOR MATTERS
A. Health Insurance Subsidy for Retirees
(memorandum dated Aprn129, 2016)__
85-86
May 10, 2016 Page 3 of 6
12. DEPARTMENTAL MATTERS PAGE
A. Communitv Development
None
B. Emergencv Services
None
C. General Services
None
1, Human Services
None
2. Sandridge Golf Club
None
3, Recreation
None
D. Human Resources
None
E. Office of Management and Budget
1. Quarterly Budget Report
__(memorandum_dated April_ 13, 2016) --------------------------------------------- 87-99
2. Declaration of 16`� Street Ballfelds as Surplus and Authorization
for Disposal
(memorandum dated Ma 2, 2016 _ _ 1 -0 -0 -11 -1 --
F.
00 -1.11__
F. Public Works
1. Outer Continental Shelf Marine Sand, Gravel, and Shell Resources
Regulation; Identifier Number (RIN) 1010-AD90; BOEM Proposed
Rule 30 CFR 583
_(memorandum dated May 2, 2016) 112-129
2. Update — USACE proposed plan to dredge and relocate bulk ocean
sand from Martin and St. Lucie Counties to Miami -Date County
_ _(memorandum dated May_2, 2016) 130-133
----------------------------------------------------------
May 10, 2016 Page 4 of 6
12. DEPARTMENTAL MATTERS PAGE
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS MATTERS
A.
Commissioner Bob Solari, Chairman
None
B.
Commissioner Joseph E. Flescher, Vice Chairman
None
C.
Commissioner Wesley S. Davis
None
D.
Commissioner Peter D. O'Brvan
None
E,
Commissioner Tim Zorc
1. Additional Water Sampling
__(memorandum_dated May- 1-0, 2016)_____________________________________________ 134-138
15. SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
None
B.
Solid Waste Disposal District
None
C.
Environmental Control Board
None
16. ADJOURNMENT
May 10, 2016 Page 5 of 6
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.ircgov.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,
andSaturday at 12:00 Noon to 5:00 .m.
May 10, 2016 Page 6 of 6
PROCLAMATION sA
DESIGNATING THE WEEK OF May 8-14,2016, AS
TOBACCO FREE FLORIDA WEEK
WHEREAS, even though Florida has made substantial strides in the progress of a smoke-
free policy, Floridians are still involuntarily affected by secondhand smoke's toxic chemicals,
significantly increasing the risk of lung cancer, Florida's number -one cancer killer; and
WHEREAS, in the United States, two in five children ages 3 to 11 are exposed to
secondhand smoke and 39.7 percent of Florida high school students and 35.9 percent of Florida
middle school students reported being exposed to secondhand smoke in a room or car in the
past week; and
J_
WHEREAS, comprehensive smoke-free policies not only protect people from secondhand
smoke but they also de -normalize tobacco use, encouraging more smokers to quit and fewer
youth to ever start; and
WHEREAS, the best way smokers can protect their loved ones from secondhand smoke is to
quit smoking, and since 2007, more than 126,000 Floridians have successfully quit tobacco
using one of Tobacco Free Florida's 3 Free and Easy Ways to Quit.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of May 8 through 14,
2016, be designated as Tobacco Free Florida Week in Indian River County.
Adopted this 10th day of May, 2016. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chaippan
"t,� �� -.4
Flescher, Vice Chairman
W ey S. Davis
Peter D. O'Bryan U
`Tim rc
CALLING ALL VOLUNTEERS!
s c
NOW IS THE TIME TO SIGN UP FOR THE
2016 VERO BEACH AIR SHOW
LOG ON TO:
WWW.VEROAIRSHOW.COM
CLICK ON PARTICIPATE
CLICK ON AIR SHOW VOLUNTEER
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT
MICHELLE (VOLUNTEER COORDINATOR)
AT 772-473-5154
THANK YOU FOR YOUR PARTICIPATION!
yy ii I River
y� ,�� � '.��d -�.1 ] � � � �,� � � � 5 � q1 � jJ7 I-1� 5 �.; Count
Veterans Outreach
11
Ourn.a.ment
Saturday, June -18th'2016
Sandridge GolfClub.
5300 73rd St., Vero : •
7:00 am- Registration
8000 am Shotgun Start -Format: Scramble
Lunch & Awards RmmediAtely following
$6(100per person
Entry fee includes: Green Fees,
Cart, Lunch. & Awards
or email t�etsgolftourne}' Q �TI11:11�.00
k
VCIR1 501(c). n
(3j on -pi
C-1 ofit
Yom.= � _ •�.
Veterans Council ,
Indian River County
a • moi. _ TM -.�, % 5 //r �".�ci...1
M
Vewnan's Council
Lndian Riv r Count
February 24, 2016
Dear Veterans Council IRC Supporter,
The Veterans Council of Indian River County is hosting the second annual Veterans
Outreach Golf Tournament at Sandridge Golf Course on June 18, 2016. Sandridge is
located at 5300 73rd St., Vero Beach, FL. The event includes 18 holes of golf, cart,
awards, and lunch immediately following for only $60 per golfer! Registration begins
at 7:00 am with a Shotgun start at 8:00 am; it will be a Scramble format.
We invite you to participate as a sponsor and golfer! We have several levels of
sponsorship detailed in the enclosed Sponsorship and Registration form. Your
sponsorship will offset event costs so we can provide outreach and support to
Indian River County veterans. The Veterans Council IRC is a 501 c3 non-profit
corporation.
If you are interested in playing in the tournament and/or becoming a sponsor, please
mail or email the attached form. If you have questions, please contact Nicole 772-563-
7183 or Pat 772-205-1995 or email vetsgolftoumey(ED-gmail.com.
On behalf of the Veterans and the families that we serve, thank you for your
consideration and support.
Curtis Paulisin
1 st Vice President
Chair, Veterans Outreach Annual Golf Tournament
Attachment
PO Box 1354, Vero Beach, FL 32961 772-410-5820 info@VeteransCouncillRC.org
4
Veterans Council of Indian River County, Inc.
Veteran'sCouncil
IndianRi"rco,,, Annual Veterans Outreach Golf Tournament
kill SPONSORSHIP AND ENTRY FORM
Date: June 18, 2016
Time: lam Registration, 8am Shotgun start — Scramble format
Lunch and Awards immediately following
Place: Sandridge Golf Club, 5300 73rd St., Vero Beach, FL
SPONSORSHIP
I/We would like to be a Sponsor:
Tournament Sponsor $2000
(includes 3 teams, large banner, 4 hole signs, recognition plaque, identified in all publicity and media interviews)
Silver Sponsor $1000
(includes 2 teams, banner, 2 hole signs, identified in press releases)
_ Bronze Sponsor $500 _ Hole Sponsor $100
(includes 1 team, 1 hole sign)
Sponsor a Veteran golfer $60 _ Gift Certificate
Name
Telephone
Email
ENTRY FORM
Fee: $60 per golfer (includes Green Fees for 18 holes, Cart, Lunch & Awards)
Name
Telephone
Email
Team Member's Names (and email for event notifications)
Player 2
Player 3
Player 4
Questions: Nicole 772-563-7183 or Pat 772-205-1995 or email vetsgolftourney(ftmail.com
Checks payable to: Veterans Council of Indian River County
Mail to: Veterans Council IRC, PO Box 1354, Vero Beach, FL 32961
Proceeds will support programs for Indian River County veterans
The Veterans Council IRC is a 501(C)(3) non-profit.
5
PR0CLAMA TION
HONORING BRIAN WILLIAMSON ON HIS RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE
WHEREAS, Brian Williamson retired from Indian River County Fire Rescue effective
May 15,2016; and
WHEREAS, Brian Williamson began his career with Indian River County on June 13,
1986, as a Firefighter. He was promoted to Driver/Engineer in 1991, and by 1996, he
had earned the title of Lieutenant in which capacity he served until his retirement, and
WHEREAS, Brian Williamson has served this County and the Public with distinction
and selflessness. During his thirty years of service, he was dedicated and his work has
been greatly appreciated by his employer, citizens and co-workers alike; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
applauds Brian Williamson's efforts on behalf of the County, and the Board wishes to
express their appreciation for the dedicated service he has given to Indian River
County for the last thirty years; and
BE IT FURTHER PROCLAIMIsD that the Board of County Commissioners and staff
extend heartfelt wishes for success in his future endeavors.
Adopted this 10'x' (lay of May 2016.
BOARD OF COUNTY COMMISSIONERS
INDIANRIVER COUNTY, FLORIDA
Bob Solari, Chairman
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 27`h Street
Vero Beach, FL 32960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: April 28, 2016
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
April 22, 2016 to April 28, 2016
r'
Gompr
�t
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 April 22, 2016 to April 28, 2016.
Attachment:
�WC
8
CHECKS )ATJTTEN
TRANS NBR
DATE
VENDOR
AMOUNT
338788
04i28:'2016
PORT CONSOLIDATED INC
12,953 69
338789
04i28/2016
JORDAN MOWER INC
319.51
=38790
04/28,=016
TEN -8 FIRE EQUIPMENT INC
6.816.59
338791
0=+!28/2016
RANGER CONSTRUCTION IND INC
340 68
338792
0^.;_8/2016
VERO CHEMICAL DISTRIBUTORS INC
1.5-76 05
338793
04,128/2016
RICOH USA INC
140 95
338794
0^./28/2016
AT& T WIRELESS
1.148 73
33879;
04/28i2016
ST&T WIRELESS
1.171.20
338796
04/28/2016
B G KENN INC
16900
338797
04/28/2016
KELLY TRACTOR CO
2.091 81
338798
04/_8/2016
GENES AUTO GLASS INC
27000
338799
0,'!28/2016
REPUBLIC SERVICES INC
244.878.22
338800
04/28;2016
MASTELLER MOLE -R & TAYLOR INC
33.149.00
338801
04/28/2016
ROW%MAN & LITTLEFIELD PUBLISHING GROUP INC
85.30
338802
04/28;2016
BOUND TREE MEDICAL LLC
2.996 10
338803
04/28i2016
TIRESOLES OF BROWARD INC
2,34676
338804
04/28/2016
CARTER ASSOCIATES INC
15.024.25
338805
04/2812016
CHILDCARE RESOURCES OF IRC INC
18.888 88
338806
04!28/2016
GOODYEAR AUTO SERVICE CENTER
5000
338807
04/28/2016
SIGNS 1N A DAY
16500
338808
0„28/2016
BAKER &TAYLOR INC
4.408 82
338809
04/28/2016
M1DW'EST TAPE LLC
1.435 73
338810
04/28/2016
PRECISION CONTRACTING SERVICES INC
2,06000
338811
04'28/2016
MICROMARKETING LLC
10309
338812
04/28/2016
ATKINS NORTH AMERICA INC
816 72
338813
04/28/2016
CENGAGE LEARNING CORPORATION
209.17
338814
04/28/2016
GREENE INVESTMENT PARTNERSHIP LTD
3.426 04
338815
04/28/2016
PST SERVICES INC
30.502.84
338816
04/28/2016
CLERK OF CIRCUIT COURT
1.963 80
338817
041,'28/2016
INDIAN RIVER COUNTY HEALTH DEPT
23.611 58
338818
04/28/2016
MEDICAL EXAMINERS OFFICE
27.016.58
338819
04,28/2016
VICTIM ASSISTANCE PROGRAM
5.568.58
338820
04/28/2016
ROGER J NICOSIA
1,50000
338821
04/28/2016
CITY OF VERO BEACH
4.773 75
338822
04/28/2016
CITY OF VERO BEACH
2.056.33
338823
04128/2016
CITY OF VERO BEACH
11,61250
338824
04/28/2016
PETTY CASH
102 75
338825
04/28/2016
JANITORIAL DEPOT OF AMERICA INC
823 92
338826
04/28/2016
ARTHUR J GALLAGHER RISK MGMT SERV INC
302.00
338827
04/28/2016
WAL MART STORES EAST LP
599.55
338828
04!281'2016
ACUSI NET COMPANY
294.21
338829
04/28/2016
INTERNATIONAL GOLF MAINTENANCE INC
88.148 43
338830
04/28/2016
EXCHANGE CLUB CASTLE
2.582 5?
338831
04128/2016
WEST PUBLISHING CORPORATION
31600
338832
04/28'2016
FEDERAL EXPRESS CORP
72 57
338833
04/28/2016
ROSEN CENTRE HOTEL
42900
338834
04/2812016
ROSEN CENTRE HOTEL
715 00
338835
04/28/2016
FLORIDA POWER AND LIGHT
10 7.823.24
338836
04/2812016
FLORIDA POWER AND LIGHT
510.24
,38837
04/2812016
KETTELA ENTERPRISES
66092
338838
04/28/2016
GIFFORD YOUTH ACTIVITY CENTER INC
2.50000
338839
04/28/2016
JOSEPH A BAIRD
51000
338840
04/28/2016
SUNSHINE LAND DESIGN
225.813 08
338841
04128%2016
IRC HEALTHY START COALITION INC
500 00
338842
04128;2016
IRC HEALTHY START COALITION INC
2.500 00
338843
04/28/2016
GREY HOUSE PUjBL1SHING
140.87
338844
041'28/2016
G K ENVIRONMENTAL INC
10.414 02
338845
04/28/2016
DONALD JONES
10800
9
TRANS NBR
DATE
VENDOR
AMOUNT
3;8846
04/28.!2016
.JOHN BROWN K SONS INC
6.662.50
338847
04/28%2016
CHILDRENS HOME SOCIETY OF FL
2.750 00
338848
04/28/2016
FLORIDA OUTDOOR EQUIPMENT INC
5.031 00
338849
04128!2016
SCHOOL DISTRICT OF I R COUNTY
23.325 M►
338850
04128/2016
RUSSELL PAI,—NE INC
641.34
338851
04/28/2016
TRAN'E US INC
29 417 70
=388.2
04/28;2016
SHANNARION WRIGHT
10000
338853
04/28/2016
CINTAS CORPORATION 1\10 2
8068
338854
04128/2016
.JOSEPH W VASQUEZ
75.00
338855
04/2-18/20i6
BIG BROTHERS AND BIG SISTERS
1.250 00
338856
04/28/201 b
BIG BROTHERS AND BIG SISTERS
1.829 68
338857
04,•'28'''016
THE SHERWIIN WILLIAMS CO
479.25
338858
04/28i201b
ADAMS HOMES OF NORTHWEST FLA
6.651 51
338859
04/28/2016
MBV ENGINEERING INC
154.30
338860
04,•28/2016
ETR LLC
49691
338861
04i28/2016
STAPLES CONTRACT fi COMMERCIAL INC
1.773.27
338862
04/28!2016
COAST TO COAST BUILDERS OF FLORIDA INC
3.703 00
338863
04'28/2016
GARY L EMBREY
50 00
338864
04/28/2016
ARDAMAN & ASSOCIATES INC
4_.227.50
338865
04/28/2016
COMMUNICATIONS BROKERS CONSULTANTS INC
2.94
338866
04128/2016
JOHNNY B SMITH
75 00
338867
04/28/2016
MOORE MEDICAL LLC
559 85
338868
04/28/2016
FISHER &- PHILLIPS LLP
3.982.50
338869
04/28!2016
KATHLEEN P DOUGHERTY
4000
338870
04/28/2016
RENAE CHANDLER
30.00
338871
04/28/2016
VERO BEACH BROADCASTERS LLC
875 00
338872
04/28/2016
TRITEL INC
49.50
338873
04/28/2016
LAZENBY & ASSOCIATES INC
1;004.00
338874
04/28/2016
KN.APHEIDE TRUCK EQUIPMENT SOUTHEAST
517.12
338875
04/28/2016
ATLANTIC COASTAL LAND TITLE CO LLC
75.00
338876
04/28/2016
YOUR AQUA INSTRUCTOR LLC
3000
338877
04/28/2016
OVERDRIVE INC
87091
338878
04128.%2016
HEATHER HATTON
7000
338879
0+/28/2016
GFA INTERNATIONAL INC
25000
338880
04 /2 812 0 1 6
TIM ZORC
43993
338881
04/28/2016
BRYAN KLASSEN
450 00
338882
04/28�2016
LOWES HOME CENTERS INC
1;194.11
338883
04/28/2016
LABOR READY SOUTHEAST INC
5,803 20
338884
04/28;2016
BURNETT LIME CO INC
3? 13.00
338885
04/28/2016
APRIL HOLTON
50.00
338886
04;28/2016
PENGUIN RANDOM HOUSE LLC
2400
338887
04/28/2016
STRAIGHT OAK LLC
282.99
338888
04/28/2016
ROBERT GARST
45608
338889
04/28/2016
RDW QUALITY BUILDERS LLC
18,755.00
338890
04128/2016
TRINOVA -FLORIDA INC
2.789.26
338891
04;28/2016
BERNARD EGAN g COMP.ANY
709 13
338892
0-1./28/2016
INTEGRITY LAXAT'S LLC
1.750 00
338893
04/28/2016
GIVING K1DZ A CH_4NCE INC
1,66700
338894
04/28/2016
CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA
425.00
338895
04!28%2016
HAWKINS INC
2,907.25
338896
04;28;2016
LONGHORN LANDSCAPING AND SOD LLC
5;166 00
338897
04/28/2016
TK6 INC
4.470 00
338898
04/28/2016
JOSEPH DIZONN0
75 00
338899
04/28/2016
GENUINE PARTS COMP.AI\l
38444
338900
04128%2016
CATHEDRAL CORPORATION
1;188 84
338901
04;28,'2016
UNIFIRST CORPORATION
333.37
338902
04/28!2016
STEARNS. CONRAD AND SCHMIDT
8;422.21
338903
04!28/2016
VCAANIMAL HOSPI TALS INC
41.37
338904
04/28/2016
SCHUMACHER AUTOMOTIVE DELRAY LLC
282.36
338905
04%28/2016
GOTTA GO GREEN ENTERPISES INC
81 84
10
TRANS NBR
DATE
VENDOR
AMOUNT
338906
04/28/2016
ADVANCE STORES COMPANY INCORPORATED
79742
X38907
04/28!2016
THE GIFFORD FLORIDA YOUTH ORCHESTRA
1.890.00
338908
04/28!2016
EGP DOCUMENT SOLUTIONS LLC
205?5
=38909
04/28/2016
CROSSOVER MISSION
6.385 17
338910
041,28/2016
FLORIDA EAST COAST HOLDINGS CORP
6,80400
.)38()]]
04/28!2016
STEVES FROZEN CHILLERS OF FLORIDA SPACE CORS 28800
338912
04!28,'3016
STRUCTURAL ENGINEERING INSPECTION INC
350,00
338913
04/28/2016
]AARGARET AMBROSE
41.23
3.38914
04/28/2016
UTIL REFUNDS
39.8
33891
04i 8i'-,
UTIL REFUNDS
31 8
338916
04,28/2016
UTIL REFUNDS
37.20
338917
04;28!2016
UTIL REFUNDS
3861
338918
04/28/2016
UTIL REFUNDS
39 62
338919
04/28!2016
UTIL REFUNDS
76 57
338920
04/28/2016
UTIL REFUNDS
42-204
338921
04/28:2016
UTIL REFUNDS
4 0. 33 -5
338922
04/28;2016
UTIL REFUNDS
15.81
338923
04/28/2016
L]TIL REFUNDS
89.37
338924
04/28/2016
UTIL REFUNDS
19097
338925
04128.'2016
UTIL REFUNDS
218.00
338926
04,•'28/2016
UTIL REFUNDS
104.01
338927
04!28/2016
UTIL REFUNDS
25.37
338928
04,'28!2016
UTIL REFUNDS
, 97.28
338929
04;28:2016
UTIL REFUNDS
45 03
338930
04/28/2016
UTIL REFUNDS
3449
338931
04/28,'2016
UTIL REFUNDS
44.31
338932
04/28/2016
UTIL REFUNDS
15.37
338933
04/28%2016
UTIL REFUNDS
85 17
338934
04/28/2016
UTIL REFUNDS
6964
338935
04!28/2016
UTIL REFUNDS
69.01
338936
04/28/2016
UTIL REFUNDS
97.28
338937
04/28!2016
UTIL REFUNDS
72.81
338938
04!28/2016
UTIL REFUNDS
183.:2
338939
04/28/2016
UTIL REFUNDS
34.39
338940
04!28/2016
UTIL REFUNDS
49.09
338941
04i28,'2016
UTIL REFUNDS
8049
338942
04!28/2016
UTIL REFUNDS
17890
338943
04;28!2016
UTIL REFUNDS
43 03
338944
04/28,2016
UTIL REFUNDS
43 83
338945
04/28/2016
UTIL REFUNDS
43 15
338946
04%28/2016
UTIL REFUNDS
71.21
33894 7
04;28/2016
LITIL REFUNDS
28.34
338948
04/28/2016
UTIL REFUNDS
383.68
338949
04;28/2016
UTIL REFUNDS
48 73
338950
04i28!2016
UTIL REFUNDS
30 74
338951
04/28/2016
UTIL REFUNDS
51 84
338952
04!28/2016
UTIL REFUNDS
4460
33895;
04/28/2016
UTIL REFUNDS
7297
338954
0428/2016
UTIL REFUNDS
54.17
338955
04/28/2016
UTIL REFUNDS
44.80
338956
04/2812016
UTIL REFUNDS
75 16
338957
04/28/2016
UTIL REFUNDS
47.23
338958
04/28!2016
UTIL REFUNDS
82.50
338959
04/28!2016
UTIL REFUNDS
21 68
338960
04/28!2016
UTIL REFUNDS
55 91
338961
04/28/2016
UTIL REFUNDS
68 85
Grand Total:
1,088,224.79
11
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
.AMOUNT
1008868
04/72/2016
PARKS RENTAL & SALES INC
350.75
1008869
04/72/2016
PRAXAIR DISTRIBUTION SOUTHEAST LLC
803 90
1008870
04/22!2016
COPYCO INC
31369
1008871
04/22/2016
SAFETY PRODUCTS INC
270.84
1008872
04/22,12016
IRIDIAN RIVER BATTERY
131 45
1008873
04/22/2016
MIKES GARAGE & WRECKER SERVICE INC
14000
1008874
04'22!2016
PLAYCORE HOLDINGS INC
28.843.27
1008875
04%72/2016
NEN'MANS POWER SYSTEMS
3.4 76.38
1008876
04/22/2016
WORLD INDUSTRIAL EQUIPMENT INC
847 86
1008877
04/22/2016
WIGINTON CORPORATION
4,37600
1008878
04/22/2016
NEC CORPORATION OF AMERICA
602 55
1008879
04!22/2016
TOTAL TRUCK PARTS INC
154 72
1008880
04122/2016
RECHTIEN INTERNATIONAL TRUCKS
2.135 53
1008881
04/22/2016
SYNAGRO-WWT INC
26.114 81
1008882
04/22/2016
SOUTHERN JANITOR SUPPLY INC
1.743 80
1008883
04/22/7016
PACE ANALYTICAL SERVICES INC
188.00
1008884
04/22!2016
ALLIED DIVERSIFIED OF VERO BEACH LLC
45 00
1008885
04/22/2016
EVERGLADES FARM EQUIPMENT CO INC
147.52
1008886
04/22/2016
HELENA CHEMICAL
971.45
1008887
04/22/2016
COLD AIR DISTRIBUTORS WAREHOUSE
15 85
1008888
04/72!2016
INDIAN RIVER BATTERY
59700
1008889
04!22/2016
DEMCO INC
343 86
1008890
04/22/2016
APPLE INDUSTRIAL. SUPPLY CO
282.32
1008891
04/22/2016
ABCO GARAGE DOOR CO INC
11700
1008892
04/22/2016
GROVE \VELDERS INC
33.10
1008893
04/2212016
FIRST HOSPITAL LABORATORIES INC
158.95
1008894
04/22!2016
COMMUNITY ASPHALT CORP
11704
1008895
04/23/2016
GLOBAL GOLF SALES INC
410.51
1008896
04/22/2016
COMPLETE ELECTRIC INC
3.928.00
1008897
04/22/2016
ECONOLITE CONTROL PRODUCTS INC
638.00
1008898
04/22/2016
FLAGLER CONSTRUCTION EQUIPMENT LLC
660.70
1008899
04/22/2016
CAPITAL OFFICE PRODUCTS
1._089.50
1008900
04/22/2016
BENNETT AUTO SUPPLY INC
192.81
1008901
04/22/2016
AUTO PARTNERS LLC
721.37
1008902
04!22/2016
L&L DISTRIBUTORS
45.38
1008903
04/22/2016
COUNTY MATERIALS CORPORATION
84904
1008904
04/22/2016
IMAGENET CONSULTING LLC
91.35
1008905
04!28/2016
PRAXAIR DISTRIBUTION SOUTHEAST LLC
350 18
1008906
04!28/2016
COPYCO INC
84.21
1008907
04/28/2016
MIKES GARAGE & WRECKER SERVICE INC
255 00
1008908
04/28/2016
SOUTHERN COMPUTER WAREHOUSE
81.36
1008909
04/28!2016
DEERE & COMPANY
2;118 38
1008910
04/28/2016
PRIDE ENTERPRISES
44649
1008911
04/28/2016
SOUTHERN JANITOR SUPPLY INC
799.20
1008912
04/28/2016
METRO FIRE PROTECTION SERVICES INC
3700
1008913
04128/2016
PACE ANALYTICAL SERVICES INC
16000
1008914
04/28%2016
SCRJPPS NP OPERATING LLC
2,712.25
1008915
04/28/2016
AT&T
11.132.29
1008916
04,128/2016
OFFICE DEPOT BSD CUSTOMER SVC
951 13
1008917
04/28,2016
COMCAST
10485
1008918
04/38/2016
POLYDY?NTE INC
2,507 00
1008919
04/28/2016
BRIDGESTONE GOLF INC
134 89
Grand Total:
103.823.53
12
ELECTRONIC PAYMENTS - WIRE & ACH.
TRAJNS N B R
DATE
VENDOR
AMOUNT
4284
04/22/2016
R W WILSON AND ASSOCIATES LLC
4,09000
4_85
04/23/2016
BLUE CROSS & BLUE SHIELD OF FLORIDA INC
5.261 i6
4286
04i%312016
MUTUAL OF OMAHA
2.095 00
4287
04/22/2016
BLUE CROSS & BLUE SHIELD OF FLORIDA INC
11.188 80
4288
04/22/2016
HEALTH ADVOCATE
36960
4289
04/232016
TEAMSTERS LOCAL UNION 1769
5.584 00
4290
04133;2016
NACO/SOUTHEAST
26.247 01
4291
04/22,•'2016
IRC FIRE FIGHTERS ASSOC
6.720 00
4292
04/22%2016
NACO/SOUTHEAST
67414
429=
04/222016
ICMA RETIREMENT CORPORATION
H.145 40
4294
04/22;2016
1CMA RETIREMENT CORPORATION
2,30000
4295
04!22/2016
BENEFITS WORKSHOP
8.651.38
4296
04122'2016
FLORIDA LEAGUE OF CITIES, INC
7.9306-
.930654297
4297
04/22/2016
FL SDU
5.004.37
4298
04/25/2016
INDIAN RIVER COUNTY PROPERTY APPRAISER
251,877 90
4299
04/25/2016
IRS -PAYROLL TAXES
422,118 41
4300
04/252016
ELITE TITLE
5.569 00
4301
04/26/2016
SENIOR RESOURCE ASSOCIATION
189,050 00
4302
04/28!2416
FLORIDA DEPT OF FINANCIAL SERVICES
8:789 17
4303
0.9;28/2016
SCHOOL DISTRICT OF I R COUNTY
12,748.30
Grand Totai:
987,414.89
13
Dylan Remgold, County attorney
William K DeBraal, Deputy County attorney
Kate Pingolt Cotner, Assistant County attorney
CONSENT: 5/10/16
Of ce of
01
INDIAN RIVER COUNTY
MEMORANDUM
TO: The Board of County Commissioners
FROM: Dylan Reingold - County Attorney �✓
DATE: May 2, 2016
ATTORNEY
SUBJECT: Wild Turkey Sand Mine — Third Phase
Cash Deposit and Escrow Agreements for Compliance and
Restoration
In 2009 the Planning and Zoning Commission approved the request for major
site plan and administrative permit use approval for a sand/coquina mine known
as Wild Turkey; and both compliance and restoration security in the form of cash
were posted for Phase 1. Phase 1 was restored and, in June of 2015, the
posted funds were transferred to the second phase. The second phase has now
been restored to the satisfaction of the County based on site inspection, and the
developer is ready to proceed to the third phase and wishes to transfer those
funds presently in escrow with the County from the second phase to its third
phase.
Attached for your approval are both the compliance and restoration Cash
Deposit and Escrow Agreements for the third phase - the compliance security is
in the amount of $49,800.00; and the restoration security is in the amount of
$67,710.90. Both agreements earmark the transfer of the funds.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the
attached two compliance and restoration Cash Deposit and Escrow Agreements
with regard to the transfer from the second phase to the third phase.
/nhm
Attachments
Approved for May 10, 2016 BCC Meeting
CONSENT
COUNTY ATTORNEY
Indian River Co. Approved Date
Administrator ,r S
County Attorney
Budget
Department s /(-
Risk Management -- --
14
THIRD PHASE
CASH DEPOSIT AND ESCROW AGREEMENT
FOR
COMPLIANCE
RE: WILD TURKEY SAND MINE
sP-MA-07-10-34 (2004120019-59695)
THIS AGREEMENT is entered into this day of ,
2016, by and between Wild Turkey Estates of Vero, L.L.C.; a Florida limited
liability company (Developer), Duane C. -Pankratz, party posting security
(Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of
Florida (County):
WITNESSETH:
WHEREAS, Developer is mining certain property within Indian
River County and is required to post security insuring compliance with the
requirements of the approved mining site plan; Indian River County Code
Section 934.07; and restoration of the site; and
WHEREAS, in March, 2011, Funder posted $49,800:00 cash to
guarantee compliance with the requirements of the approved mining site plan for
Phase I; said Phase I having since been restored tothe satisfaction of the
County based on site inspection, and the posted funds were transferred to the
second phase; and
WHEREAS, the second phase has been restored to the
satisfaction of the County based on site inspection, and the Developer is now
desirous to move into the third phase; and
WHEREAS, Developer and Funder wish to transfer the entire
$49,800.00 cash being held by County, from the second phase to the third
phase,
NOW, THEREFORE, in consideration of the agreements,
promises, and covenants set forth herein, and other good and valuable
considerations, the parties hereto agree as follows:
1. The Developer and Funder agree to the transfer of the entire
$49,800.00 from the second phase to the third phase, as depicted on the
attached map; said sum shall continue to be held 'in escrow by the County Office
of Management and Budget (Escrow Agent), 'but earmarked/obligated for the
third phase, subject to the terms, conditions and covenants of this escrow
agreement as assurance that Developer shall perform in all respects the
obligations of Indian .River County Code Chapter 934 with respect to site plan
compliance.
15
2. Upon completion of the restoration of each mine phase, the
Developer or Funder may obtain a disbursement from the escrow account by
making a written request to Indian River County's Community Development
Director. The request shall specify the amount of disbursement, and shall be
accompanied by a sealed certificate from Developer's engineer that the mine is
in compliance and has been restored in accordance with the most recent set of
plans approved and on file with the County.
3. Within seven (7) working days after receipt of a disbursement
request, the Community Development Director shall cause an inspection of the
work for which payment is sought. If the Community Development Director is
satisfied in all respects with the condition of the site and certifications, the
Community Development Director shall deliver written notice to disburse to the
County Office of Management and Budget. Upon receipt of the notice to
disburse, the Office of Management and Budget shall makethe disbursement
described therein directly to Funder (the party that posted the funds), or its legal
representatives, heirs, successors or assigns, absent bankruptcy, court order, or
an assignment.
4. Upon failure to comply with all the requirements of the site plan
approval, including but not limited to unapproved off-site discharge of water,
failure to confine hauling to approved hauling routes, operating in violation of the
safety/security plan, excavating within required setbacks, mining of additional
phases prior to restoration of the previous phase, and activity not consistent with
permits issued by other jurisdictional agencies; or if Developer fails to perform all
or any part of the obligations of restoration and reclamation, including, but not
limited to mine abandonment prior to restoration., restoration not completed
within the approved time frame, restoration not consistent with Chapter 934 of
the Indian River County Code, and restoration activity not consistent with permits
issued by other jurisdictional agencies, the County may utilize escrowed funds to
achieve compliance or restoration. All funds remaining in the escrow account at
the time default is declared by the County shall be available for use by the
County. Said funds shall be disbursed to the County upon receipt by the Office
of Management and Budget of a certified copy of a resolution of the Board of
County Commissioners stating that Developer has failed to comply with Indian
River County Code Chapter 934 site plan or restoration conditions of the mining
approval, and that said funds are necessary to achieve compliance. All funds
disbursed to County in excess of the final amount determined necessary by the
County shall be returned to Funder (the party that posted the funds), or its legal
representatives, heirs, successors or assigns, absent bankruptcy, court order,'or
an. assignment, at the completion of site restoration
5. Any interest earned during the term of escrow, less
administrative expenses, shall be disbursed at close of escrow unless necessary
for County to utilize in cure of developer's default.
2
16
6. The funds deposited hereunder exist solely for the protection,
use and benefit of the County and shall not. be construed or intended in any way,
expressly or impliedly, to benefit or secure payment to any contractor,
subcontractor, laborer, materialman, architect, engineer, attorney or other party
providing labor, material, supplies; or services to Developer and/or Funder while
such funds remain subject to this escrow agreement. The County shall not be
liable to any of the aforementioned parties for claims against the Developer
relating to the approved mining site.
7. Alternate security, in the form of performance bonds or letters
of credit, may be substituted with the approval of the County Attorney.
8. This Agreement is the full and complete understanding of the
parties and shall not be construed or amplified by reference to any prior
agreement, discussion, or understanding, except as specifically mentioned
herein. This Agreement shall not be assigned without the express written
approval of the County. Any amendment, deletion, modification, extension, or
revision hereof or hereto shall be in writing, and executed by authorized
representatives of each party,
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals. The effective date of this Agreement shall be the date of approval by
the Board of County Commissioners.
Signed in the presence of:
sign name:
print name: 4e
sign nam nL .c.1
print name: �icn &) ianc;
Date: -4C1 -/u
Signed in the presence of:
sign name:
print name:
sign na ,vAi
print name:.
J
Date:
WILD TURKEY ESTATES OF VERO,
L.L.C.. a Florida limited liability
company
C. Pankratz, Manager
LOPER
17
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By:
Deputy Clerk
OFFICE OF MANAGEMENT
AND BUDGET
By:
Jason E. Brown
OMB Director
BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA
Bob Solari, Chairman
BCC approved:
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Dylan Reingold
County Attorney
18
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THIRD PHASE
CASH DEPOSIT AND ESCROW AGREEMENT
FOR
RESTORATION
RE: WILD TURKEY SAND MINE
SP -MA -07-10-34 (2004120019-59695)
THIS AGREEMENT is entered into this day of,
2016, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited
liability company (Developer), Duane C. Pankratz, party posting security
(Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of
Florida (County):
WITNESSETH:
WHEREAS, Developer is mining certain property within Indian
River County and is required to post bonds insuring compliance with the
requirements of the approved mining site plan; Indian River County Code
Section 934.07; and restoration of the site; and
WHEREAS, in March, 2011, Funder posted $83,867.74 cash to
guarantee compliance with the restoration requirements of the approved mining
site plan for Phase 1; and in May, 2011 the posted security was reduced to
$67,710.90 due to a portion of the restoration requirements being already posted
with Sebastian River Improvement District for canal right-of-way restoration; and
WHEREAS, Phase 1 was restored to the satisfaction of the County
based on site inspection and the posted funds were transferred to the second
phase; and
WHEREAS, the second phase has been restored to the
satisfaction of the County based on site inspection, and the Developer is now
desirous to move into the third phase; and
WHEREAS., Developer and Funder wish to transfer the entire
$67,710.90 cash being held by County, from the second phase to the third
phase,
NOW, THEREFORE, in consideration of the agreements,
promises, and covenants set forth herein, and other good and valuable
considerations, the parties hereto agree as follows:
1. The Developer and Funder agree to the transfer of the entire
$67,710.90 from the second phase to the third phase, as depicted on the
attached map; said sum shall continue to be held in escrow by the County Office
of Management and Budget (Escrow Agent), but earmarked/obligated for the
20
third phase, subject to the terms, conditions and covenants of this escrow
agreement as assurance that Developer shall perform in all respects the
obligations of Indian River County Code Chapter 934 with respect to site
restoration.
2. Upon completion of the restoration of each mine phase, the
Developer or Funder may obtain a disbursement from the escrow account by
making a written request to Indian River County's Community Development
Director. The request shall specify the amount of disbursement, and shall be
accompanied by a sealed certificate from Developer's engineer that the mine is
in compliance and has been restored in accordance with the most recent set of
plans approved and on file with the County.
3. Within seven (7) working days after receipt of a disbursement
request, the Community Development Director shall cause an inspection of the
work for which payment is sought. If the Community Development Director is
satisfied in all respects with the condition of the site and certifications, the
Community Development Director shall deliver written notice to disburse to the
County Office of Management and Budget. Upon receipt of the notice to
disburse, the Office of Management and Budget shall make the disbursement
described therein directly to Funder .(the party that posted the funds), or its legal
representatives, heirs, successors or assigns, absent bankruptcy, court order, or
an assignment.
4. Upon failure to perform all or any part of the obligations of
restoration and reclamation, including, but not limited to mine abandonment prior
to restoration, restoration not completed within the approved time frame,
restoration not consistent with the restoration plan and Chapter 934 of the Indian
River County Code, and restoration activity not consistent with permits issued by
other jurisdictional agencies, the County may utilize escrowed funds to achieve
restoration. All funds remaining in the escrow account at the time default is
declared by the County shall be available for use by the County°. Said funds
shall .be disbursed to the County upon receipt by the Office of Management and
Budget of a certified copy of a resolution of the Board of County Commissioners .
stating that Developer has failed to comply with Indian River County. Code
Chapter 934 restoration conditions of the mining approval, and that said funds
are necessary to achieve restoration. All funds disbursed to County in excess of
the final amount determined necessary by the County shall be returned to
Funder, its legal representatives, heirs, successors or assigns, absent
bankruptcy, court order, or an assignment, at the completion of site restoration.
5. Any interest earned during the term of escrow, less
administrative expenses, shall be disbursed at close of escrow unless necessary
for County to utilize in cure of developer's default.
6. The funds deposited hereunder exist solely for the protection,
use and benefit of the County and shall not be construed or intended in any way,
expressly or impliedly, to benefit or secure payment to any contractor,
2
21
subcontractor, laborer, materialman, architect, engineer, attorney or other party
providing labor, material, supplies, or services to Developer and/or Funder while
such funds remain subject to this escrow agreement. The County shall not be
liable to any of the aforementioned parties for claims against the Developer
relating to the approved mining site.
7. Alternate security, in the form of performance bonds or letters
of credit, may be substituted with the approval of the County Attorney.
8. This Agreement is the full and complete understanding of the
parties and shall not be construed or amplified by reference to any prior
agreement, discussion, or understanding, except as .specifically mentioned
herein. This Agreement shall not be assigned without the express written
approval of the County. Any amendment, deletion, modification, extension, or
revision hereof or hereto shall be in writing, and executed by authorized
representatives of each party.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals. . The effective date of this Agreement shall be the date of approval by
the Board of County Commissioners.
Signed in the presence of:
sign name:
print name:k�,�z„.,�.{r �Sl�
sign name
print name: ,,& nn v I
Date: 4 - ) &
Signed in the presence of:
sign nam
print_ nam
sign nam
print nam
WILD TURKEY ESTATES OF
LiL.C.. a Florida limited liatrl
Liz U—IM
\ I CC,Ut� fY/(I
nkratz, Manager
OPER
Date:
9
22
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By:
Deputy Clerk
OFFICE OF MANAGEMENT
AND BUDGET
By -
Jason E. Brown
OMB Director
BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA
93
Bob Solari, Chairman
BCC approved:
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Dylan Reingold
County Attorney
23
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CONSENT: 5/10/16
Ofce of
a
INDIAN RIVER COUNTY
Dylan Reingold, County Attorney
Wilham K. DeBraal, Deputy County Attorney
Kate Ptngolt Cotner, Assistant County .Attorney MEMORANDUM
TO: Board of County Commissioners
FROM: William K. DeBraal - Deputy County Attorney
DATE: April 29, 2016
ATTORNEY
SUBJECT: Resolution Canceling Taxes on Property Purchased by Indian River
County for Surface Water Storage and Treatment
A Resolution has been prepared for the purpose of canceling any delinquent or
current taxes which may exist on property purchased by Indian River County from
RREF RB 2012 LT1-FL PHP, LLC, a Florida limited liability company, for surface
water storage and treatment. This property is located at 925 51h Street SW, east
of the Osprey Marsh Algal Turf Scrubber site. Said property is fully described in
that certain Warranty Deed recorded in Book 2916, Page 850 of the Public
Records of Indian River County, Florida.
FUNDING:
There is no cost associated with this item.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the
attached Resolution to cancel certain taxes upon publicly owned lands, and the
Clerk to send a certified copy of same to the Tax Collector and the Property
Appraiser so that any delinquent or current taxes can be cancelled.
/nhm
Attachment: Resolution
cc: Carole Jean Jordan - Tax Collector
David Nolte - Property Appraiser
Approved for May 10, 2016 BCC Meeting
CONSENT
OUNTY ATTORNEY
Indian River Co. Ap ved Date
Admin.
Co Atty
Budget
Department --- ---
Risk Management --- ---
25
Parcel Nos. 33-39-24-00000-5000-00001.0 and 33-39-24-00000-5000-00024.0
Purchased by Indian River County from
RREF RB 2012 LT1-FL PHP, LLC, a Florida limited liability company
Public Purpose for surface water storage and treatment (alternative source of potable water)
RESOLUTION NO. 2016-
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1
26
RESOLUTION NO. 2016 -
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that:
1. Any and all liens for taxes delinquent or current against the following
described lands purchased from RREF RB 2012 LT1-FL PHP, LLC, a Florida
limited liability company for surface water storage and treatment, are hereby
cancelled pursuant to the authority of section 196.28, F.S.
See attached Warranty Deed recorded in Book
2916, Page 850, Public Records of Indian River
County, Florida.
2. The Clerk to the Board of County Commissioners is hereby
directed to send a certified copy of this resolution to the Tax Collector and the
Property Appraiser with a copy to each of Fixed Assets, Budget, and the County
Attorney's Office.
The resolution was moved for adoption by Commissioner ,
and the motion was seconded by Commissioner , and, upon
being put to a vote, the vote was as follows:
2
27
RESOLUTION NO. 2016 -
Bob Solari, Chairman
Joseph E. Flescher, Vice Chairman
Wesley S. Davis
Tim Zorc
Peter D. O'Bryan
The Chairman thereupon declared the resolution duly passed and
adopted this day of May, 2016.
ATTEST: Jeffrey R. Smith, Clerk
of Circuit Court and
Comptroller
A
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Tax Certificates Outstanding _
Yes No
Current Prorated Tax Received and
Deposited With Tax Collector ; b
-Bob Solari, Chairman
3
APPROVED AS i C FoRo
AidX71�C� L S-tJr"FK3Com''
ri' % .a
/�
BY •
DEt,UTf cOUr r ATT004y
28
;120160012331 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
3K: 2916 PG: 850,3/3/2016 12:41 PM D DOCTAX PD S7,000.00
This Instrument Prepared by and Return to:
Jason Beal
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach, Florida 32960
Our File No.: 46082136
Property Appraisers Parcel Identification (Folio) Number: 33-39-24-00000-5000-00001/0
Florida Documentary Stamps in the amount of $7,000.00 have been paid hereon.
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED, made the 24th day of February, 2016, by RREF RB 2012 LTl-FL PHP, LLC, a
Florida limited liability company, whose post office address is 790 NW 107 Avenue, Suite 400, Miami, FL
33172, herein called the Grantor, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State
of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs. legal
representatives and assigns of individuals, and the successors and assigns ojcorporations)
W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other
valuable considerations, receipt -whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of
Florida, viz.:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Subject to easements, restrictions and reservations of record and taxes for the year 2016 and
thereafter.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;
that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2015.
File No.: 46082136
Ln
29
3K: 2916 PG: 851
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written.
Signed se the presence of:
Witness#I Signature Signature
�tao �c3A2o
Witnes-01 Printed Name
Witness 92-Sigff-a—ture
94 n! 1 61 W e 2R 'rZ -
Witness #2 Printed Name
RREF RB 2012 LT1-FL PHP, LLC, a Florida limits
liability company
By: RREF RB 2012 LTI, LLC, a Delaware limited
liability company, its sole member
By: Rialto Capital Advisors, LLC, a Delaware limit
liability com me -' -fact
By:
Name:
Title: Authorized Signatory
By:
Name: FQ�k t-sa.No
Title: Authorized Signatory
State of Florida „a p
County of t Gl�'Yl � 1=�""—
¢r
The foregoing instrument was acknowledged before me this day of l'b 2016, byN
and FrOt,l-� L10 -J,0 , Authorized Signatory of RREF RB 2012 LTI-FL PHP, LLC, a Florida limited liability
company who is personally known to me or has produced as identification.
SEAL
My Commission Expires: ') 15 , I
File No.- 46082136
` Notary Pub1id
M i 4jjke _S,�a f �
Printed Notary Name
MosasWFER
f+ r W( OOMMWoN t FF 208714
E)Q'1RES: Jury 5.2019
d7hmNOWYPubkUda+
Lh
30
BK: 2916 PG: 852
Exhibit "A"
LEGAL DESCRIPTION
PARCEL 3 (remainder) Tract 12, Section 24, Township 33, South, Range 39 East, Indian River Farms
Company's Subdivision as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County,
Florida. Said land now being in Indian River County, Florida. Less the NE 1/4 of said Tract 12.
PARCEL 5 The West 10 acres ofthe Southeast 1/4 of the Southwest 1/4 of Section 24, Township 33
South, Range 39 East, being and lying in Indian River County, Florida.
PARCEL 6 The NE 1/4 of Tract 12, Section 24, Township 33 South, Range 39 East, Indian River
Farms Company's Subdivision as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie
County, Florida and the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 24,
Township 33 South, Range 39 East. Said land now being in Indian River County, Florida.
PARCEL 7 The Northeast 1/4 of the Southwest 1/4 of Section 24, Township 33 South, Range 39 East,
Lying West of Lateral "J". Less the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 thereof.
Lying and being in Indian River County, Florida.
PARCEL 9 The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 24,
Township 33 South, Range 39 East, said land lying and being in Indian River County, Florida.
File No.. 46082136
Ln
31
Transaction
Cashier-
---------
kb2
Paid By:
---- - - - - - -
ATLANTIC COASTAL LAND TITLE CO
855 21ST STREET
SUITE C
VERO BEACH, Fl.
_32_9_60
Posted Date:
04/29/2016 10:49AM
Received Via:
Mail
- - -
Num. Items:
- - - - - - - -
2
Total Tendered
—$5,218.83
Receipt #: -
---------—
141-00001322
Batch:
--------
------
155347
Drawer: ------141---------
------- --
Status:
Complete
Carole Jean Jordan
Indian River County Tax Collector
PO Box 1509, Vero Beach, FL 32961-1509
Receipt
Item
Details
Effective Due Paid
- -
—33
Date___
Advance
___ ____ _ __
39 24 00000 5000 000010 - - —04/29/2016 $4,882.52— - - -$4882.52
Deposit
PRO -RATED 2016 TAXES GOVT
,
(GOVT
PURCHASE RREF RB 2012/IRC
- PURCH)-
Advance
33 39 24 00000 5000 000240
04/29/2016 _ $336.31 $336.31
Deposit
PRO -RATED 2016 TAXES GOVT
(GOVT
PURCHASE RREF RB 2012/IRC
PORCH) - -
— - - - - - - -
-- - - - - -
- ----------—
—Total
--=------------------------
------
—----—--------
$5,218.83 $521883
- -----------_____
Payment
------------------------------
Details
---
Paid
Check
Acc#XXXXO Chk#7713
$5,218.83
Balance:
$0.00
32
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Joseph A. Baird,
County Administrator
THROUGH: Christopher R. Mora, P.E. 0111_�
Public Works Director
THROUGH: Richard 'B; Szpyrka, P.E.
Assistant Public Works Director
FROM: James D. Gray, Jr.D�f
Coastal Engineer
SUBJECT: Work Order No. 8 Morgan & Eklund, Inc.
2016 Beach Profile Monitoring Surveys — Summer
DATE: April 28, 2016
DESCRIPTION AND CONDITIONS
TIM
On October 1, 2013, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for
Professional Land Surveying and Mapping Services for a one -year -term. The Board amended the
contract on October 7, 2014 and again on September 15, 2015; renewing the contract until
September 30, 2016. M&E is the selected County Consultant for professional onshore/offshore
hydrographic surveying services.
The proposed Work Order No. 8 provides summer -time countywide hydrographic surveying
(beach profile) services for the Sector 3 and Sector 7 Beach Restoration Projects and additional
surveying to complete a 2016 countywide (22.4 miles) monitoring program. Beach profile
surveys are necessary to identify shoreline and volumetric changes throughout the County. All
onshore and offshore beach profile surveys are conducted along The Florida Department of
Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals
(alongshore) and extend from the vegetated dune seaward to a location approximately -40 feet
offshore (crosshore). For project tracking purposes, Work Order No. 8 is divided into three (3)
separate tasks.
Task 1: Summer 2016 Sector 3 Beach and Dune Restoration Proiect Post Construction Monitorine
Survey
By Permit, annual Post Construction hydrographic surveying is required to assess the
performance of the Sector 3 Beach and Dune Project area. Task 1 includes all surveying (5.8
miles) required to complete the 2016 physical monitoring of the Sector 3 Beach and Dune Project
area. Task 1 totals a lump sum amount of $17,050.
F-Tublic Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2016 - Summer Survey -- WO No.
7\Morgan and Eklund WO No. 8 - 2016 Summer Survey docx
33
Page 2
BCC Agenda Item
May 10, 2016
Task 2: Summer 2016 Sector 7 Post Construction Monitoring
In the spring of 2007, the County completed construction of the Sector 7 Beach Restoration
Project. The County has completed all Permit required post construction monitoring for the
Sector 7 Project. However, hydrographic surveys of the project area have continued annually to
determine the long term performance of the project. Task 2 includes all surveying (2 miles)
required to continue the annual monitoring of the Sector 7 Beach Nourishment Project. Task 2
totals a lump sum amount of $6,600.
Task 3: Summer 2016 Countywide Beach Monitoring
For the shoreline outside of the Sector 3 and Sector 7 beach projects, countywide beach profile
surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure
may be vulnerable to storm damage. The beach profile surveys will then be used to determine
appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan. Task
3 includes the remaining countywide (9 miles) beach profile surveys. Task 3 totals a lump sum
amount of $25,850.
Please note:
The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts beach
profile surveys along the northern 5.6 miles of the County. The District continues to partner with
the County and has agreed to provide their certified 2016 summer beach profile survey data to
the County, resulting in a total savings of approximately $16,500.
Following completion of the services stated above, Indian River County will have a complete 2016
countywide summer beach profile survey along the entire 22.4 miles of County shoreline. The
aggregate of Tasks 1-3 under Work Order No. 8 totals a lump sum amount of $49,500.
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well
as allocation of the One Cent Sales Tax. Funding for Work Order No. 8 will be provided from
three (3) separate accounts.
Task 1: Summer 2016 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring
Survey
Funding for Task 1 is budgeted and available for monitoring of the Sector 3 Beach Restoration
Project in the Beach Restoration Fund, Sector 3 Beach Post Construction Monitoring Account No.
12814472-033490-05054. Task 1 totals a lump sum amount of $17,050.
Task 2: Summer 2016 Sector 7 Post Construction Monitoring
Funding for Task 2 is budgeted and available for monitoring of the Sector 7 Beach Restoration
Project in the Beach Restoration Fund, Sector 7 Beach Preservation Monitoring Account No.
12814472-033490-05079. Task 2 totals a lump sum amount of $6,600.
FAPublic WorksUamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2016 - Summer Survey -- WO No.
7\Morgan and Eklund WO No. 8 - 2016 Summer Survey.doex 34
Page 3
BCC Agenda Item
May 12, 2015
Task 3: Summer 2016 Countywide Beach Monitorin>?
Funding for Task 3 is budgeted and available for countywide beach surveys in the Beach
Restoration Fund, Other Professional Services Account No. 12814472-033190-01024. Task 3
totals a lump sum amount of $25,850.
RECOMMENDATION
The recommendation of staff is for the Board to approve Work Order No. 8 to the Professional
Land Surveying and Mapping Services contract with Morgan and Eklund, Inc. and authorize the
Chairman to sign on behalf of the County.
ATTACHMENT
Morgan and Eklund, Inc. Work Order No. 8 (1 original copy)
APPROVED AGENDA ITEM
FOR: May 10, 2016
BY.
Indian River County
Approved
Date
AdministrationQ)J
15jx
Budget
(11 �'.A
04
Legal
*4L
; • ),h
Public Works
If -'�g If
Coastal Eng. Division
4 W16
F-Tublic Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2016 - Summer Survey -- WO No.
7\Morgan and Eklund WO No 8 - 2016 Summer Survey.docx
35
a�
r
Board of County Commissioners
Administration - Building A
1801 27th Street
Vero Beach, Florida 32960
Telephone: (772) 567-8000 FAX: 772-778-9391
Project:
2016 Summer Countywide Beach Profile Monitoring Surveys
WORK ORDER NO. 8 (Hydrographic Surveying)
FOR
PROFESSIONAL SERVICES AGREEMENT
ANNUAL SURVEYING and MAPPING/GIS SERVICES
WITH
MORGAN AND EKLUND, INC
In accordance with Contract No. 1333 2014-2015
This Work Order No. 8 is in accordance with the existing AGREEMENT dated October 1, 2013
and as amended October 7, 2014 and September 15, 2015 between Morgan and Eklund, Inc.,
(SURVEYOR) and Indian River County (COUNTY); This Work Order No. 8 amends the
agreement as follows:
SECTION I — PROJECT LIMITS
This Work Order No. 8 is for the SURVEYOR to perform all related field and office Surveying and
Mapping services in connection with the Summer 2016 Countywide Beach Profile Monitoring
Surveys; Florida Department of Environmental Protection Reference Monuments R-30 — R-119.
SECTION 11 - SCOPE OF SERVICES
As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional
Land Surveying services to complete all tasks as outlined in this Work Order No. 8; specifically
detailed in the attached proposal Exhibit A.
SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK 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 90 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".
F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2016 - Summer Survey -- WO No. 7\2016 Summer 36
Countywide Beach Profile Monitoring Surveys -- wo 8 signature page.docx
IRC Work Order No 8
Morgan and Eklund, Inc
Summer 2016 Countywide Beach Profile Monitoring Surveys
April 28, 2016
Page 2 of 3
2. Deliverables -The SURVEYOR shall provide the COUNTY:
a. 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
b FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and
model space (as applicable) AutoCad drawing file in release 2009 through 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, 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 the design and analysis of the
area, as defined. It shall contain all information necessary for third -party surveyor to
independently recreate and/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.
e. The SURVEYOR'S work product shall meet or exceed the minimum standards as
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. 8, for a total lump
sum fee of $49,500.
All and/or 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.
All invoicing shall include Work Order No. 8(WO 8), Contract Number (1333). Payments shall be
in accordance with the original Professional Surveying and Mapping Services Agreement,
Contract No: 1333 with the COUNTY and as stated ire. Section Il, III and IV hereon.
F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\Scope of Work 2016 - Summer Survey -- WO No. 7\2016 37
Summer Countywide Beach Profile Monitoring Surveys -- wo 8 signature page.docx
IRC Work Order No. 8
Morgan and Eklund, Inc
Summer 2016 Countywide Beach Profile Monitoring Surveys
April 28, 2016
Page 3 of 3
The AGREEMENT is hereby amended as specifically set forth herein All remaining sections of
the AGREEMENT shall remain in full force and effect, and are incorporated herein
IN WITNESS WHEREOF the parties hereto have executed these presents this day
of 2016.
OWNER
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
(Signature)
Bob Solari, Chairman
Approved by BCC
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
(Seal) Deputy Clerk
Approved:
Joseph A. Baird, COUNTY Administrator
Approved as to Form and Legal Sufficiency -
'William K. beBraa1, Deputy COUNTY
Attorney
Morgan and Eklund, Inc.
John R. Morgan, President
(Printed name and title)
Witnessed by:
r
C . e,4
(Signature) lV�7j/
C:\Users\iohn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\BWLDXXIC\2016 Summer 38
Countywide Beach Profile Monitoring Surveys -- WO 8 signature page.docx
AprilMORGAN & EKLUND, INC.
PROFESSIONAL SURVEY CONSULTANTS
0 . EX"
H
1, Taw T
••
Indian River County
Attn: Mr. James Gray, Jr.
Coastal Engineer
1801 — 27h Street, Building A
Vero Beach, Florida 32960
RE: Summer 2016 Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles
along FDEP Range Lines R-30 to R-119 (90 Lines)
Dear James:
Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and
hydrographic survey services for the above referenced project.
Beach profiles will include R-30 through R-119, a total of (ninety) 90 beach profile lines. All data collected will
be in accordance with the FDEP-approved Physical Monitoring Plan. Morgan & Eklund, Inc. will provide the
County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor.
The survey will be performed in June 2016 with drawings and reports completed in August 2016.
Additionally, the landward occurrence of rock outcroppings will be identified along each profile line .
In accordance with the scope of work as provided, I estimate our costs to be as follows:
I.
II.
Summer 2016 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring
Survey (R-30 to R-60)
31 Onshore/offshore
profile lines @ $550/line...................................$17,050.00
Summer 2016 Sector 7 Post Construction Monitoring (R-97 to R-108)
12 Onshore/Offshore
profile lines @ $550/line..................................$ 6,600.00
Summer 2016 Countywide Beach Monitoring (R-61 to R-96 and R-109 to R-119)
47 onshore/offshore
profile lines @ $550/line......
Total Cost I -III .............
.......................... $25,850.00
.......................... $49,500.00
As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this
project. J
er /
organ, I, P
JRM:sm President
8745 U.S. HIGHWAY 1, P O. BOX 701420, WABASSO, FL 32970-1420 - PHONE. (772) 388-5364 - FAX: (772) 388-3165 - jmorgan@morganeklund.com
1500 S.E. COURT, SUITE 110, DEERFIELD BEACH, FL 33441 - PHONE. (954) 421-6882 - FAX: (954) 421-0451 - pvoute@morganeklund.com 39
WON
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Joseph A. Baird,
County Administrator
THROUGH: Christopher R. Mora, P.E.
Public Works Director
THROUGH: Rich ard'B.'Szpyrka, P.E.
Assistant Public Works Director
(;;
FROM: James D. Gray, Jr.
Coastal Engineer
SUBJECT: Work Order No. 13 CB&1 Coastal Planning and Engineering, Inc.
Sector 3 Beach Restoration Project
2016 Post Construction Physical Monitoring Services
DATE: April 27, 2016
DESCRIPTION AND CONDITIONS
On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering,
Inc. (CB&I) for professional coastal engineering services in Indian River County for a two-year
term, 2013-2015. On March 17, 2015 the Board renewed the contract until March 19, 2017.
CB&I is the selected County consultant for professional physical monitoring services related to
the Sector 3 Beach Restoration Project and Sector 3 Dune Repair Project.
The proposed Work Order No. 13 provides year 2016 post construction physical monitoring
services to document the fill performance of the Sector 3 Beach Restoration Project Area. By
Permit, annual Post Construction Physical monitoring is required following a large scale beach
restoration project. The 2016 monitoring entails the following:
• "Year 5" annual post construction physical monitoring of the Phase 2 project area
• "Year 1" annual post construction physical monitoring for the Sector 3 Dune Repair
project area
Work Order No. 13 totals a lump sum amount of $49,953.30.
All subsequent annual physical monitoring of the Sector 3 Project area will be addressed through
future work orders.
FAPublic Works\JamesG\Sector 3\CPE Work Orders\Work Order No. 13 - 2016 Physical Monitoring Sector 3\agenda
item Coastal Planning and Engineering Work Order 13 -- 4-25-16.docx
40
Page 2
BCC Agenda Item
Sector 3 Beach Restoration
April 27, 2016
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well
as allocation of the One Cent Sales Tax. Funding is budgeted and available for monitoring and of
the Sector 3 Beach Restoration project in the Beach Restoration Fund, Sector 3 Post Construction
Monitoring Account No.12814472-033490-05054. Additionally, this work order is eligible for
50% state cost through the Florida Department of Environmental Protection Beach Management
Funding Assistance Program.
RECOMMENDATION
The recommendation of staff is for the Board to approve Work Order No. 13 to the contract with
CB&I Coastal Planning and Engineering Inc. and authorize the Chairman to sign on behalf of the
County.
ATTACH M ENT
CB&I Coastal Planning and Engineering, Inc. Work Order No. 13 (1 original copy)
APPROVED AGENDA ITEM
FOR: May 10, 2016n
Indian River County
Approved
Date
Administration
S s /(0
Budget
s�3lip
Legal
i -
-� %b
Public Works
Coastal Eng. Division
JD6
4I1111d
F-\Public Works\JamesG\Sector 3\CPE Work Orders\Work Order No. 13 - 2016 Physical Monitoring Sector 3\agenda
item Coastal Planning and Engineering Work Order 13 — 4-25-16.docx
41
WORK ORDER NUMBER 13
SECTOR 3 BEACH RESTORATION PROJECT
2016 PHYSCIAL MONITORING SERVICES
This Work Order Number 13 is entered into as of this day of ,
2016 pursuant to that certain Continuing Contract Agreement for Professional Services
entered into as of March 19, 2013 ("Agreement"), and amended March 17, 2015, by and
between Indian River County, a political subdivision of the State of Florida ("COUNTY")
and CB&I Coastal Planning & Engineering Inc. f/k/a Coastal Planning & Engineering, Inc
("CONSULTANT").
The COUNTY has selected the Consultant to perform the professional services set
forth on Exhibit 1, attached to this Work Order and made part hereof by this reference.
The professional services will be performed by the Consultant for the fee schedule set forth
in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The
Consultant will perform the professional services within the timeframe more particularly
set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference
all in accordance with the terms and provisions set forth in the Agreement. Pursuant to
paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with
the terms of the Agreement and the terms of the Agreement shall be deemed to be
incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of
the date first written above.
CONSULTANT BOARD OF COUNTY COMMISSIONERS
CB&I Coastal Planning & Engineering, Inc. OF INDIAN RIVER COUNTY
By:
Thomas P. Pierro, P.E., D.CE
Title: Director
Date: C/A7/a 016
By:
Bob Solari, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
By:
(Seal) Deputy Clerk
Approved:
By: n-1,
Jgkep . aird, County Administrator
Approved as to form and
�legal
lssufficiency:
By:
William K. DeBraal, Deputy County Attorney
42
Exhibit 1
March 21, 2016
James Gray
Indian River County
Public Works - Coastal Engineering Division
1801 27th St, Building A
Vero Beach, FL 32960
Subject: Work Order #13
Dear James:
CB&I Coastal Planning & Engineering, Inc.
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
Tel: +1 561 391 8102
Fax: +1 561 391 9116
www CBI com
Indian River County Sector 3 Beach Restoration Project and Dune Repair Project
Post Construction Physical Monitoring Services - 2016
This proposal outlines a scope of work for CB&I Coastal Planning & Engineering, Inc. (CB&I), f/k/a Coastal
Planning & Engineering, Inc. to provide services in support of one year of annual physical monitoring to fulfill
FDEP and USACE permit requirements of the Sector 3 Beach and Dune Restoration Project constructed between
2010 and 2012 and the Sector 3 Dune Repair Project constructed 2014/2015. This proposal also includes a third
party peer review of the UMAM Analysis -performed by CSA, and if necessary, quantification of hardbottom
impacts.
The 2016 Physical Monitoring Services entails the following:
"Year 5" annual post construction physical monitoring of the Phase 2 project area (R-26+500 — R-36),
"Year 1" annual post -construction physical monitoring for the Sector 3 Dune Repair Project Area (R-24 —
R-55).
Physical Monitoring Report
The Indian River County Sector 3 Beach Restoration Project and Dune Repair Project were constructed under
permitting authority of the Florida Department of Environmental Protection (FDEP) and United States Army
Corps of Engineers (USACE). These permits (FDEP permit No. 0285993 -001 -JC, FDEP permit modification No.
0285993 -008 -JN, USACE permit SAJ-2007-01645, and USACE permit modification SAJ-2007-01645(MOD-
AWP)) contain permit conditions pertaining to construction and post -construction periods. FDEP permit
condition 56 (d) requires an engineering report be submitted to the FDEP within 90 days following completion of
each post -construction survey.
We understand that Morgan & Eklund will perform the physical monitoring from R-30 to R-60, and be
responsible for certifying the survey data and submitting a survey report to the FDEP. Land & Sea Surveying
Concepts, Inc., via a separate contract with the Sebastian Inlet District, will perform the physical monitoring from
R-15 to R-30. They will certify the survey data and submit a separate survey report to the FDEP. CB&I will
review both data sets to ensure that it conforms to the standards required by the FDEP physical monitoring plan.
CB&I will notify the County of any issues with the survey data and will participate in a conference call with the
County, Morgan & Eklund, and Land & Sea Concepts to discuss any issues.
43
CB&I will develop an engineering report that discusses the performance of the beach fill project. We will analyze
shoreline and volumetric changes throughout the project area, identifying erosion and accretion patterns. The
results will be analyzed for patterns, trends or changes between annual surveys as well as cumulatively since
construction. The project was constructed in three phases and the analysis will account for the phased
construction. Furthermore, the report will compare the project performance to the stated design.
Plots of the survey profiles, and graphical representations of volumetric and shoreline positions for the monitoring
area will be presented. Summary tables of the shoreline and volumetric changes will be presented, again looking
at individual and cumulative shoreline and volumetric changes. Volumetric changes will be calculated above
+6.0 feet NAVD; MHW to +6.0 feet, NAVD; -5.0 feet, NAVD to MHW; and -12.0 feet to -5.0 feet, NAVD; and
landward of the approximate edge of hardbottom. The volumetric analysis will be performed similar to the 2015
report to avoid introducing error in the calculations due to the nearshore hardbottom.
CB&I will collect aerials of the project area as discussed more fully later in this scope of work. The aerials will
be collected from R-15 through R-60. Plots of hardbottom change and shoreline position will be overlaid on the
aerials and included in the report appendix.
The FDEP approved physical monitoring plan permit modification requires that sand samples be collected during
summer months coincident with the immediate post -construction monitoring event at four beach profile transects
(R-22, R-30, R-41 and R-52). Although sand was only placed between R-24 and R-55 during the Dune Repair
Project, all four transects will be sampled and analyzed for completeness and comparison with past data sets.
Five samples will be collected and analyzed along each transect (toe of dune, mid -berm, MHW, MLW, and -3
feet, NAVD) for a total of 20 samples analyzed. We understand that Morgan & Eklund will collect these samples
and ship them to us for analysis. CB&I has a certified laboratory required by FDEP standards to analyze beach
samples. We will follow the FDEP protocols for sieving the samples using 20 sieves ranging in size from -4.25
phi to +4 phi at''/2 phi intervals. A cumulative frequency distribution and frequency distribution histogram will be
presented along with a sediment analysis summary sheet providing descriptive statistics, compositional results,
percent fines and Munsell Color. The grain sizes will be compared to previous sediment samples to gauge any
changes in grain size or color.
Deliverables
CB&I will submit a draft of the report of the County for review and comment. This will be submitted
electronically (PDF and MS Word formats). CB&I will incorporate comments from the County and revise the
report accordingly. CB&I will then submit an electronic copy to the FDEP. CB&I will submit one hard copy and
one electronic copy (PDF) to the County.
Required Data
To perform the physical monitoring evaluation, CB&I will need the following data:
• Survey data in x,y,z format collected in summer of 2016.
• Sand samples collected in summer of 2016.
• Shape file or Auto CAD file of the landward edge of hardbottom mapped in summer of 2016
44
The draft monitoring report will be completed within 60 days of receipt of the survey data and sand samples from
Morgan &' Eklund or the landward edge of hardbottom data from CSA International, whichever is later. We
estimate that the county will review and provide comments on the document within 2 weeks. CB&I will revise
the report, incorporate the County's comments, and submit a final report to the County and FDEP within 2 weeks
of receipt of the County's comments. The goal is to submit the final report to the FDEP within 90 days of receipt
of the required data. Assuming that data is provided by August 31, we estimate submittal of a final report by
November 31, 2016.
Cost
The cost of the monitoring report, excluding the aerial collection is $30,417.00. A breakdown of the hours and
expenses to develop these costs is attached and follow the provisions of the Professional Coastal Engineering
Services Agreement (dated March 19, 2013) and Contract Renewal (dated March 17, 2015), between Indian River
County and CB&I.
Rectified Aerial Photographs
Aerial photographs are required per FDEP special permit condition 53 and 56(c) for the primary purpose of
mapping and quantifying exposed nearshore hardbottom and naturaVartificial reefs. CB&I will have aerials
collected that follow BBCS Monitoring Standards for Beach Erosion Control Projects, Section 02100 —
Environmental Aerial Photography Acquisition.
Controlled, flight -dated, color vertical aerial photographs will be taken from Indian River County FDEP range
monuments R-1'5 through R-60, inclusive. Collection of the aerial photography will be timed so as to collect the
aerials concurrently with the post -construction surveys. CB&I will rely on Indian River County to notify us as to
when these surveys are being performed.
The flight will be conducted on an incoming tide and when there is sufficient visibility in coastal waters to capture
nearshore hardbottom. Film will be selected to provide the best possible images in the greatest possible water
depths. Photography will be obtained during morning hours with cloud cover at less than 10%, and in order to
minimize glint, the flight window shall occur when the sun angle is between 15 to 30 degrees to the horizon. If,
during the flight, weather conditions deteriorate to the point that the purposes of the flight cannot be met, or the
five flight conditions are not satisfied, the flight will be aborted and flown at a later date when conditions are
satisfactory.
The photography will employ the use of a precision Zeiss RMK/A cartographic camera (or equal) calibrated by
the US Geological Survey. The camera will be equipped with a data block, which will record the lens number,
calibration, focal length of the lens, altitude, date, and time. The photographs will be color aerial photography and
georeferenced digital imagery with the following specifications:
1. A minimum 60% overlap with each adjacent photograph and a ratio of 50% land and 50% ocean (2000'
and 2000') on the horizontal.
45
2. The image will be clear and sharp in detail, free from clouds, shadows or any other blemishes that would
render the image as uncertain for mapping rock and reef features as far offshore as possible and no less
than -15 feet, NA VD.
3. Each frame will contain:
i. time of day clock in standard time,
ii. altimeter reading,
iii. exposure counter,
iv. camera identification number,
V. lens focal length in mm, and
vi. the plate ID number.
Necessary ground control will be extracted from existing imagery sources and used in combination with collected
ABGPS to rectify this imagery. It is assumed that previous control points can be used and have been previously
surveyed. No additional field work is included in this proposal.
Deliverables
CB&I will provide the following deliverables:
1. Two sets of color 9"x9" photography from R-15 to R-60 (one for the County and one for FDEP).
2. Camera Calibration report for camera used for this task contained on the CD-ROM.
3. Individual orthorectified frames of each project and reference in an uncompressed Geotiff format stored
on CD-ROM or DVD with associated world files.
4. JPEG of mosaicked images.
Required Data
CB&I may require additional survey points to rectify the images. We are proposing to sub -contract Aerial
Cartographics of America (ACA), who previously performed the work, and they should have sufficient historic
survey points to rectify the images. However, additional survey points may be required. Typically, the Public
Works Department will have surveys that can be used to rectify aerial images avoiding additional field work.
Schedule
We will attempt to time collection of the aerials to coincide with collection of the survey data. Final deliverables
related to the aerials will be submitted within 30 days of collection of the aerials.
Cost
The cost to collect the aerials and rectify the images is $16,326.30. A breakdown of the hours and expenses to
develop these costs is attached and follow the provisions of the Professional Coastal Engineering Services
Agreement (dated March 19, 2013) and Contract Renewal (dated March 17, 2015), between Indian River County
and CB&I.
46
Third Party Review of UMAM
We understand that Continental Shelf Associates (CSA) will be performing a Uniform Mitigation Assessment
Method (UMAM) evaluation for the Sector 3 Beach and Dune Restoration Project. The UMAM rule (Chapter
62-345, F.A.C.) went into effect on February 2, 2004 and is used by the FDEP to determine the amount of
mitigation needed to offset adverse impacts to wetlands and other surface waters and to determine mitigation bank
credits awarded and debited. A CB&I biologist will evaluate the UMAM analysis to ensure it was prepared in
accordance with FDEP guidelines and instructions contained in rule 62-345, F.A.C. CB&I will prepare a
summary of their findings from this review to be submitted to the County. CB&I will participate in a conference
call with the County and CSA to discuss any issues identified during our review.
The final year of permit required biological monitoring of the nearshore hardbottom for the Sector 3 Beach and
Dune Restoration Project is scheduled for summer 2016. CB&1 will provide a summary of the UMAM
evaluations generated by CSA and Coastal Technology in conjunction with the project. This summary will
provide a cumulative review of the conditions of the nearshore hardbottom, highlight mitigation performed
concurrently during monitoring events, and reference applicable permit conditions for FDEP's consideration in
assessing the need for additional mitigation, if any.
Required Data
Electronic data (preferably GIS database) may be required to quantify changes in hardbottom area.
Schedule
Initial comments for the third party peer review of the UMAM analysis will be submitted within 2 weeks of
receipt of the analysis and report.
Cost
The cost of the third party peer review of the UMAM is $3,210.00. A breakdown of the hours and expenses to
develop these costs is attached and follow the provisions of the Professional Coastal Engineering Services
Agreement (dated March 19, 2013) and Contract Renewal (dated March 17, 2015), between Indian River County
and CB&I.
Summary
The total lump sum cost of this proposal for Work Order # 13 is $49,953.30.
We appreciate the opportunity to work with Indian River County on this effort.
Please call me if you have any questions.
47
'C�..,1.
Sincerely,
David Swigler, P.E.
Senior Coastal Engineer
CB&I Coastal Planning & Engineering, Inc.
Authorized Corporate Signature
oma S Pie wo
Printed Name
Uice Pr,,. ('dew —
Title
Please Reply To: David Swigler
Phone: 561.361.3172
E -Mail Address: David.Swigler@cbi.com
cc: Thomas Pierro, P.E. D.CE, CB&I
Debbie Neese, CB&I
Ann Range, CB&I
a-*]
Exhibit 2
SPM REVISION: 2018 -REV 15.5
ae
R ase Date: 1122116
PROJECT NUMBER:
PROPOSAL NUMBER:Isms . 10085.00740022
Data Pricing Model was Prepared: 12123/16
Project Estimate
Summary By Task
Sector 5 Design and Permitting
02/26/16
Task Number
Task Name
Labor
Sub -Equipment
Materials
Other ODC's
Travel
Total
Adjustments
Total Project
contractors
Tik-001'
$
's
2;325.00.
Isk
StioreUrfe ChanAn
2;590.*66,
$ 2 590:00
mz
Tsk;003
6 _.'r, e,X'hif Ts-
S
;-13-7 60 do
$
:$
$ 3:700.00,
,.)S�Nd'&�'_ Ii'o
T5k-004:!,:t'11,
Z1,
$""
$
$:
$
$
$ 2,350.00
2,11W60-
70405
i R De��elopmenti'� -
K9.`�452K.00:
$
$ 19,452.00
$ 19,452.'00,
11
Tsk-ODC;,*�',
.,Rectffled Aerials
-1!650.
's.
�26.30
$:
'AThQ,1pirt9:UM
A V'
41.
3; 210 00 7
7-
$
$
$
$
$
41
$
4%953.30
T*�,
'Se&&,S,Deilgh,6nd
4k.
110 - .. -- -- --- -----
INDIAN RIVER COUNTY
PUBLIC WORKS DEPARTMENT
STORMWATER DIVISION
180127" STREET
VERO BEACH, FLORIDA 32960
Phone: (772) 226-1562
TO: Joseph A. Baird, County Administrator
bio Iv e►
THROUGH: Christopher R. Mora, P.E., Public Works Director CYIA—
FROM:
W. Keith McCully, P.E., Stormwater EngineerA�'//" �
SUBJECT: APPROVAL OF WORK ORDER NO. MMR��T""-1 FOR PROFESSIONAL
LAND SURVEYING AND MAPPING SERVICES FOR OSPREY ACRES
STORMWATER PARK
DATE: May 3, 2016
DESCRIPTION AND CONDITIONS
Stormwater Division is preparing to design Osprey Acres Stormwater Park, which will
receive Osprey Marsh Algal Turf Scrubber's discharge water and further reduce
nitrogen and phosphorus concentrations. We require certain land surveying information
to use in final design and permitting efforts. The purpose of this Agenda Item is to
secure the professional land surveying services of Masteller, Moler, Reed & Taylor, Inc.
through Work Order MMRT-1. Specific services are listed in Exhibit A of the attached
Work Order.
The professional services fee associated with Work Order No. GKE OA1 is $30,440.
ANALYSIS
Alternative No. 1 — Approve Work Order No. MMRT-1.
Alternative No. 2 — Reject Work Order No. MMRT-1.
FUNDING
Funding of the proposed Work Order will be provided by a budget amendment from
Optional Sales Tax/Cash Forward to Optional Sales Tax/Public Works/Osprey Acres
Stormwater- Acct# 31524338-066510-16022.
F•\Public WorksWeithM\Storrnwater Projects\Osprey Acres\Agenda Items\Agenda - Consent - Work Order MMRT-1 doc
50
Page 2
OSPREY ACRES - LAND SURVEYING SERVICES
BCC Meeting - May 10, 2016 - CONSENT
May 3, 2016
RECOMMENDATION
Staff recommends the Board of County Commissioners:
1. Approve Alternative No. 1, Work Order No. MMRT-1 with Masteller, Moler, Reed
& Taylor, Inc.
ATTACHMENTS
1. Work Order No. MMRT-1, executed by Masteller, Moler, Reed & Taylor, Inc. (one
copy)
APPROVED AGENDA ITEM
FOR: May 10, 2016
Indian River County
Approxcd
Date
Administrator
)/5-)(40
Budget
s` q
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Public Works
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`3/16
Stormwater Engineering
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F -\Public Works\KeithM\Stormwater Projects\Osprey Acres\Agenda Items\Agenda - Consent - Work Order MMRT-1 doc 51
WORK ORDER NUMBER MMRT-1
PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR
OSPREY ACRES STORMWATER PARK
This Work Order Number MMRT-1 is entered into as of this day of May,
2016, pursuant to that certain Continuing Contract Agreement for Professional Services
entered into as of October 1, 2013 ("Agreement"), by and between Indian River County,
a political subdivision of the State of Florida ("COUNTY") and Masteller, Moler, Reed &
Taylor, Inc. ("CONSULTANT').
The COUNTY has selected the CONSULTANT to perform the professional
services set forth on Attachment 1, attached to this Work Order and made part hereof
by this reference. The CONSULTANT will perform the professional services for the fee
schedule set forth in Attachment 2, attached to this Work Order and made a part hereof
by this reference. The CONSULTANT will perform the professional services within the
timeframe set forth in Attachment 3, attached to this Work Order and made a part
hereof by this reference, all in accordance with the terms and provisions set forth in the
Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any
Work Order shall conflict with the terms of the Agreement and the terms of the
Agreement are incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as
of the date first written above.
CONSULTANT BOARD OF COUNTY COMMISSIONERS
MASTELLER, MOLER, REED & TAYLOR OF INDIAN RIVER COUNTY
IN
Title:
Bob Solari, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
Deputy Clerk
Approved:
Joseph A. Baird, County Administrator
Approved as to form and legal sufficiency:
William K. Debraal, Deputy County Attorney
Mpublic works\keithm\stormwater projects\osprey acres\work orders\work order mmrt-1.doc
52
ATTACHMENT 1 to WORK ORDER NUMBER MMRT-1
PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR
OSPREY ACRES STORMWATER PARK
SCOPE OF WORK
The COUNTY has requested that the CONSULTANT provide professional land surveying
and mapping services for the COUNTY's Osprey Acres Stormwater Park (hereinafter
"Osprey Acres"). The Work is more particularly described in Exhibit A. The portion of the
site to be covered by this Work Order is shown on Exhibit B.
**END OF ATTACHMENT 1**
Page 2 of 4
F-Tublic Works\KeithM\Stormwater Projects\Osprey Acres\Work Orders\Work Order MMRT-l.doc
6��
ATTACHMENT 2 to WORK ORDER NUMBER MMRT-1
PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR
OSPREY ACRES STORMWATER PARK
1. COMPENSA TION
The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed
lump sum fee of $30,440, for services rendered according to Attachment 1 of this Work
Order and as summarized on Exhibit A, included herein. Additional services shall be
performed at the hourly rates as set forth in the Agreement.
2. PARTIAL PAYMENTS
The COUNTY shall make monthly partial payments to the CONSULTANT for all
authorized work pertaining directly to this project performed during the previous calendar
month. The CONSULTANT shall submit invoices monthly for services performed and
expenses incurred pursuant to this Agreement during the prior month.
The CONSULTANT shall submit duly certified invoices in duplicate to the Director of
the Public Works Department. For lump sum line items, the amount submitted shall be the
prorated amount due for all work performed to date under this phase, determined by
applying the percentage of the work completed as certified by the CONSULTANT, to the
total due for this phase of the work. For time and material line items, the amount
submitted shall be based on the actual hours worked and expenses incurred for the billing
period.
The amount of the partial payment due the CONSULTANT for the work performed
to date under these phases shall be an amount calculated in accordance with the previous
paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be
withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2),
the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY
receives the CONSULTANT's invoice.
Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to
the CONSULTANT by the COUNTY, on or before the forty-fifth day after the date of final
acceptance of the Work by the Public Works Director.
**END OF ATTACHMENT 2**
Page 3 of 4
F -\Public Works\KeithM\Stormwater Projects\Osprey Acres\Work Orders\Work Order MMRT-I.doc
54
ATTACHMENT 3 to WORK ORDER NUMBER MMRT-1
PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR
OSPREY ACRES STORMWATER PARK
1. TIME FOR COMPLETION
Complete all Work within six weeks of receiving a Notice -to -Proceed from the
COUNTY.
**END OF ATTACHMENT 3**
Page 4 of 4
F -\Public Works\KeithM\Stormwater Projects\Osprey Acres\Work Orders\Work Order MMRT-l.doc
55
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
Work Order No. 4
(Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract #1333
Indian River County Project #1611
PROJECT: Osprey Acres Stormwater Park PHONE: Work - (772) 226-1386
CLIENT NAME: Indian River County — David Schryver PHONE: Fax - (772) 778-9391
SITE 9255 th Street S.W. MAILING 1801 27th Street
ADDRESS: Vero Beach, FL 32968 ADDRESS: Vero Beach, FL 32960
Osprey Acres Stormwater Park Topographic Survey
Pursuant to our Annual Land Surveying and Mapping/GIS Services Contract 1333, Masteller, Moler &
Taylor, Inc., formerly known as Masteller, Moler, Reed & Taylor, Inc. is pleased to provide Indian River
County with this proposal for performance of a Specific Purpose Survey to perform a Topographic
Survey for property located in Indian River County and lying in Section 24, Township 33 South, Range
39 East which shall include the following:
Project Outline and Limits:
The survey limits are generally described as the north one half of the southwest quarter of Section 24,
Township 33 South, Range 39 East, that lies west of the Lateral J canal, south of Sub -lateral J-1 (south
of 5th Street S.W.) and east of the Lateral E canal. The project area consists of approximately 68.5
acres. County Survey Department will provide a hard copy and digital CAD file of an existing boundary
which shall contain the horizontal and vertical control to be used for this project. Horizontal Control shall
be based upon the Florida State Plane Coordinate System, Florida East Zone, NAD 83 and Vertical
Control shall be based upon the North American Vertical Datum of 1988 (NAVD 88).
Scope of Services:
Task 1: Topographic Survey
1) Project initiation, including review of existing surveys, files and field notes, preparation of work
orders and field crew folders.
2) Recover and measure field ties into existing survey control as established by Indian River County
and establish a baseline of survey.
3) Field locate and obtain vertical ground elevations on 100 foot grid throughout the site which
includes approximately 29,500 linear feet of line clearing. Clear one line down the center of the
property suitable for use by environmental consultant. Topography shall extend 50 feet outside the
boundary and to the top of bank of the existing canals regardless of distance.
4) Locate and obtain elevations as applicable of all visible improvements, including but not limited to
buildings, pavements, wells, drainage structures, culverts, and visible utility appurtenances or
markers within the project area and 50 feet outside the boundary and to the top of bank of the
existing canals regardless of distance.
5) Locate existing dirt trails or roads within the subject property.
6) Process field data, integrate with existing County survey, calculate digital terrain module and
interpolate one foot contours, and prepare survey drawing in accordance with the Standards of
Practice for Surveying including cover sheet with location sketch, certifications, related title and
project number, notes, legend, abbreviations and plan view sheets. Prepare final deliverables.
Masteller, Moler & Taylor, Inc.
1655 27th Street, Suite 2
Vero Beach, FL 32960
Phone- 772-564-8050, Fax: 772-794-0647
E-mail: dt5243 bellsouth.net
56
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
Work Order No. 4
(Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract #1333
Indian River County Project #1611
Task 2: Cross Sections
7) Recover existing survey control and establish baseline of survey.
8) Field locate and record five (5) cross sections in two (2) locations of the existing Lateral J Canal to
be determined by the engineer. Cross Sections shall extend to 20 feet east of the east top of bank
of the Lateral J Canal.
9) Field locate and record seven (7) cross sections of the existing Lateral J-1 Canal and 51h Street
S.W. at locations to be determined by the engineer. Cross Sections shall extend to the north right
of way line of 51h Street S.W.
10) Process field data, integrate with existing survey described in Task 1, and prepare survey drawing
in accordance with the Standards of Practice for Surveying to include cross section sheets.
Prepare final deliverables. t
Time of Completion and Deliverables:
1. Project shall be completed as follows:
a. 100 % "Paper" review submittal (final review prior to final deliverables) shall be made within
45 calendar days of receipt of Notice to Proceed for review by County Staff prior to
preparing final submittal package.
b. Time of Final project completion shall be within 5 business days of receipt of the County's
review comments from the 100% paper submittal.
2. Deliverables -The SURVEYOR shall provide the COUNTY:
a. 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.
b. FINAL Deliverables, Four (4) paper "hardcopy" signed and sealed sets in adequate
recording fashion (I.E. Borders). Sheeted and model space (as applicable) AutoCAD Land
Desktop drawing file compatible with Release 2010-2016, 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 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.
e. The 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.
Masteller, Mo/er & Taylor, Inc.
1655 27th Street, Suite 2
Vero Beach, FL 32960
Phone- 772-564-8050, Fax: 772-794-0647
E-mail: dt5243CcDbellsouth.net
57
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
Work Order No. 4
(Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract #1333
Indian River County Project #1611
Compensation:
Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services
Agreement, Contract No. 1333 with the Indian River County.
I. Project initiation, including review of existing surveys, files and field notes,
preparation of work orders and field crew folders. Recover and measure field ties into
existing survey control as established by Indian River County and establish a
baseline of survey.
Surveyor 1 hours @ $ 120.00/hr $ 120.00
Field Supervisor 1 hours @ $ 90.00 /hr $ 90.00
Survey Technician 1 hours @ $ 75.00/hr $ 75.00
Administrative 2 hours @ $ 40.00/hr $ 80.00
Survey Crew 6 hours @ $ 115.00 /hr 690.00
Total I .....................................$ 1,055.00
II. Field locate and obtain vertical ground elevations on 100 foot grid throughout the
site which includes approximately 29,500 linear feet of line clearing. Clear one line
down the center of the property suitable for use by environmental consultant
Topography shall extend 50 feet outside the boundary and to the top of bank of the
existing canals regardless of distance. Locate and obtain elevations as applicable of
all visible improvements, including but not limited to buildings, pavements, wells,
drainage structures, culverts, and visible utility appurtenances or markers within the
project area and 50 feet outside the boundary and to the top of bank of the existing
canals regardless of distance. Locate existing dirt trails or roads within the subject
property.
Surveyor 4 hours @ $ 120.00/hr $ 480.00
Field Supervisor 20 hours @ $ 90.00 /hr $ 1,800.00
Survey Crew 185 hours @ $ 115.00 /hr $21,275.00
Total 11 ...................................... $23,555.00
III. Process field data, integrate with existing County survey, calculate digital terrain
module and interpolate one foot contours, and prepare survey drawing in accordance
with the Standards of Practice for Surveying including cover sheet with location
sketch, certifications, related title and project number, notes, legend, abbreviations
and plan view sheets. Prepare final deliverables.
Surveyor 5 hours @ $ 120.00/hr $ 600.00
Survey Technician 32 hours @ $ 75.00/hr $2,400.00
Administrative 4 hours @ $ 40.00/hr 160.00
Total III ..... .. .. .. ..................$3,160.00
Masteller, Moler & Taylor, Inc.
1655 27th Street, Suite 2
Vero Beach, Fl 32960
Phone: 772-564-8050, Fax: 772-794-0647
E-mail: dt524 3CcDbellsouth.net
58
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
Work Order No. 4
(Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract #1333
Indian River County Project #1611
IV. Recover existing survey control and establish baseline of survey. Field locate and
record five (5) cross sections in two (2) locations of the existing Lateral J Canal to be
determined by the engineer. Cross Sections shall extend to 20 feet east of the east
top of bank of the Lateral J Canal. Field locate and record seven (7) cross sections of
the existing Lateral J-1 Canal and 5th Street S.W. at locations to be determined by the
engineer. Cross Sections shall extend to the north right of way line of 5th Street S.W.
Field Supervisor 2 hours @ $ 90.00 /hr $ 180.00
Survey Crew 10 hours @ $ 115.00 /hr $ 1,150.00
Administrative 1 hours @ $ 40.00/hr $ 40.00
Total IV ......... .......................$ 1,370.00
V. Process field data, integrate with existing survey described in Task 1, and prepare
survey drawing in accordance with the Standards of Practice for Surveying to include
cross section sheets. Prepare final deliverables.
Surveyor 2 hours @ $ 120.00/hr $ 240.00
Survey Technician 12 hours @ $ 75.00/hr $ 900.00
Administrative 4 hours @ $ 40.00/hr 160.00
Total V ......................................$1,300.00
TOTAL I -V ..............................................$30,440.00 Lump Sum Fee
I, the undersigned, agree to all the terms of this Agreement.
05/02/2016
David Taylor, President Date
Masteller, Moler & Taylor, Inc.
Mastel/er, Moler & Taylor, Inc.
1655 27th Street, Suite 2
Vero Beach, FL 32960
Phone: 772-564-8050, Fax: 772-794-0647
E-mail: dt5243 ftellsouth.net
59
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CONSENT AGENDA
INDIAN RIVER COUNTY 7
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: May 2, 2016
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administrator
Michael Smykowski, Budget Director
FROM: Jennifer Hyde, Purchasing Manage
SUBJECT: Approval of Award for Bid 2016028 — Annual Bid for Street Sweeping
BACKGROUND:
The Road and Bridge Department requested the solicitation of annual bids for the sweeping of
approximately 211 lane miles of streets. The current bid was awarded to Clean Sweep & Vac, LLC
and was effective from February 1, 2013 through January 31, 2016, with both available one-year
renewals exercised. The term of the new bid will be one year from date of award, with options for
two additional one-year renewals.
BID RESULTS:
Bid Opening Date: March 24, 2016
Advertising Date: February 29, 2016
Demandstar Broadcast to: 153 Subscribers
Specifications/Plans Downloaded by: 7 Vendors
Replies: 4 Vendors
Loc_ation
ti�. ;F aN "TotalnBid_'
International Sweeping Inc., dba Facilities Pro -Sweep'
West Palm Beach
$33,847.501
Clean Sweep & Vac, LLC
Port St. Lucie
$36,170.00
U.S. Sweeping, Inc.
Aventura
$40,776.00
USA Services of Florida, Inc.
Longwood
$62,150.00
' Mathematical error corrected
ANALYSIS:
The low bid represents a 1% decrease in the first cycle cost and a 25% decrease in the hourly rate
for additional work to be requested as needed. Unit prices bid per mile for all other cycles (second
and future and per curbed or uncurbed mile) remain the same as in the prior bid, at $24.00 per
mile.
61
CONSENT AGENDA
The per cycle miles for the new bid are anticipated to increase from the current 186 to 210;
therefore, the standard per cycle cost subsequently increased from $4,464.00 to $5,040.00 (or
approximately 13% increase in both miles and per cycle cost).
Total projected cost for a full year is $30,240 for six cycles. The FY 14/15)cost for six cycles was
$26,644.80 (the number of roadway miles covered increased from 180 to 186 during this annual
period).
SOURCE OF FUNDS:
Only two cycles were completed under the previous bid during the current FY, for a total cost of
$8,908.80. Total expenditures anticipated for the remainder of the current FY are:
1St Cycle (proposed for June) $ 5,408.00
2nd Cycle (August) 5 040.00
Total award for FY 15/16: $10,448.00
Funding in the amount of $10,448.00 is available in the Road and Bridge Other Professional
Services Account as shown.
-r. "P"�sxn."�' '��4"1%�'�.'^'
Account Numbers
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11121441-033190
Road & Bridge — Other Professional Services
$10,448.00
RECOMMENDATION:
Staff recommends the Board award Bid 2016028 to International Sweeping, Inc., DBA Facilities
Pro -Sweep and authorize the Purchasing Division to issue blanket purchase orders for the period
of June 1, 2016 through May 31, 2017 to the recommended bidder, after receipt and approval of
required insurance by Risk Management. Staff also recommends the Board authorize the
Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the determination that renewal of this annual
bid is in the best interest of Indian River County.
APPROVED AGENDA ITEM
BY:
oseph . Baird, County Administrator
, County Administrator0, 2016
Indian River Co AppiLQyed Date
Admin
/ /&
Legal
-
Budget
Department
i6
Risk
d3 -
62
Public Hearing - B C.C. 5 10 16
Off, Ce of
INDIAN RIVER COUNTY
ATTORNEY
Dvlan Retngold, Counn: Attorney
William K. DeBraal, Deputy- County Attorney
Kate Pingolt Cotner, Assistant Count}, Attorne}.
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: May 2, 2016
SUBJECT: Ordinance Concerning Medical Marijuana
BACKGROUND.
Amendment 2, concerning medical marijuana, will be on the November 8 ballot. Amendment 2 is very
similar to the Amendment 2 considered in 2014, which failed to receive the requisite number of votes to
become part of the Florida Constitution. 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 April 5, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the
County Attorney's Office to re -visit the zoning changes concerning medical marijuana that were proposed
in 2014. In response to the authorization granted by the Board, the County Attorney's Office drafted the
attached ordinance regulating 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 caregivers. The regulations which apply to pain
management clinics will apply to Medical Marijuana Treatment Centers, where applicable.
Approved for May 10, 2016 BCC Meeting
Public Hearing
OUNTY ATTORNEY
Indian River Co.
roved Date
Admin.
j
Co. A
Budget
Department
14Y3 r Z !(o
Risk Management
--- ---
63
Board of County Commissioners
May 2, 2016
Page Two
Thus Medical 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. 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 Marijuana 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 (10) 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 in 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
regulations will be addressed in a separate ordinance. That ordinance will be heard by the Planning and
Zoning Commission in August and could be brought to the Board for hearings in September and October.
As this proposed ordinance amends the Indian River County Pain Management Clinic and Controlled
Substances Ordinance, drafts of this proposed ordinance were circulated to the municipalities and the
Indian River County Sheriff's Office. The County Attorney's Office has received no objections to this
proposed ordinance from those entities.
64
F'4tr nn•Linda!GE\PRUBCC-.Igeda3lem r.ile&cd.11�jvaaa Or* -2016&c
Board of County Coinmissioners
May 2, 2016
Page Three
FUNDING.
The cost of publication of the required public notice of this public hearing with respect to this proposed
ordinance change was $128.70. This cost was funded from the County Attorney's Office budget within
the General Fund (account number 00110214-033190).
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
65
F^.ar—Vl d.'GEIDWIB CC.4genda AI—%Idrd.%J j-0,&.—, 1016dc
ORDINANCE NO. 2016 -
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
WHEREAS, Amendment 2, allowing for the use of marijuana for certain medical
conditions is on the November 8, 2016 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:
Section 1. Enactment Authority.
Article VIII, 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. The 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.
F t 1W -,y 4-dW"' ERALXP,-- - & Or&- O,0 h tP- 1 66
The Board finds that the "Whereas" clauses above are true and correct, and hereby
incorporates such clauses as the legislative findings of the Board.
Section 3. Amendment of Chapter 315 (Pain Management Clinics and Controlled
Substances).
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.
For the purposes of this chapter, the following terms shall have the following
meanings:
(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 pain; or any Medical Mariivana Treatment Center as defined
below, 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 marijuana or controlled
substances for the treatment of pain; or
f. The clinic is owned by a corporate entity exempt from federal taxation
under 26 USC section 501(c)(3).
F,Uzz.n l"nd.IGFNIIULVZe 1 —6 Adman 10r&nmx tP—CTi ,AWedmlAJmij—do 2 67
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) "n�� Mar ivana shall mean cannabis as defined in Section 893 02(3)
Florida Statutes. The term shall include "low -THC cannabis," as defined in
Section 381.986(1)(b) Florida Statutes
(8) 1�e�a- Medical Ma►iivana Treatment Center shall mean an entity that
acquires, possesses processes (including 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 qualifvinq patients
or their caregivers and is registered by the Department
(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.
PIArAvr �U.d.1GEV11W1Rsmfud_ h Ordnm 10rdnm 'p-01—WrdcdM �d— 3 68
(10)Pain 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
(11)Pharmacy 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.
(12)Qualified 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:
FUrromry1L��GE�'FRAL'Remhrivu30rdu�mrnr�OridinmralPan�QiiticrUfs�cd M�ijuanadaa 4 69
(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)
eceipt;
(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;
(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 mariivana in violation
of applicable law;
(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)-0), 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;
5 70
(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.
(15) Operating a Medical Marijuana Treatment Center that is not wholly owned
and operated by one or more
a. board-certified anesthesiologists, physiatrists, or neurologists; or
b. 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.
Section 315.04. Permit Required for Operation of Pain Management Clinic.
(1) Permit Required. 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.
F u jw,edo�iFNfRALIR��duna�, & 0rd—A0r& 1P— Owa ",d..1 M j—d— 6 71
(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
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 marijuana 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
72
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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.
i. Proof that a Medical Marijuana Treatment Center is wholly owned and
"operated by one or.more
1. board-certified anesthesiologists, physiatrists, or
neurologists; or
2. 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.
(3) Abbreviated application for qualified pain management clinics that do not
acquire possess process (including development of related products such as
food tinctures aerosols oils, or ointments), transfer, transport, sell, distribute or
dispense mariivana products containing marijuana, related supplies, or
educational materials to qualifying patients or their caregivers. In lieu of
completing the application form described in subsection (2), a qualified pain
management clinic that does not acquire, possess, process (including
development of related products such as food tinctures, aerosols, oils, or
ointments) transfer, transportsell distribute or dispense mariivana, products
containing mariivana related supplies or educational materials to qualifying
patients or their caregivers requesting issuance of a pain management clinic
permit may 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;
FNaamryVindc�GE�FR.1L1Rerdunau60rdnmiceel�"nmces�Pafn Qi,dfslMe�cd M�ijuann daa
8 73
b. The name and address of the owner of the pain management clinic;
c. The name and address of all physicians who will be prescribing controlled
substances at the pain management clinic;
d. Proof that the pain management clinic meets the definition of a "qualified
pain management clinic" which proof may consist of written verification or
confirmation from the State of Florida that the pain management clinic is
exempt from state registration pursuant to [F.S.] §§ 458.3265(1)(a)2g or h or
459.0137(1)(a)2g or h; and
e. A sworn statement certifying that the pain management clinic, and every
other clinic owned or operated by any person identified pursuant to
subsections b or c above, will, during the term of the permit, be operated in
compliance with applicable law.
(4) 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.
(5) 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) or (3) above, or the applicant -has submitted such
information and statements but such information and statements are found
to contain materially false information.
(6) 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) or (3) and none of the
facts set forth in subsection (5) is found to exist.
(7) 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 (6).
P1ArtanyUd.CZVERALVZe h —&Orden 110rd nmr V-..Clnuvlye�cd A! jvmad 9 74
(8) 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.
(9) Revocation of Permit. A pain management clinic permit shall be subject to
revocation in proceedings before the Indian River County Code
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 mariivana 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
Marijuana 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.
(10) Emergency Suspension of Permit. Upon clear and convincing proof that
one or more of the events set forth in subsection (9) 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
F U.—,,Vird.1GFNDWLP hdi— & 01d-- 0nd1nm APmn C7-- frdml M ji —d— 10
75
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,
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.
(11) 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. — N. or (3)a. — d. above, or of any
change in any facts or circumstances such that any information or
statements submitted pursuant to subsections (2) a. — #i. or (3)a. — d. 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 holding 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 Indian River Press Journal on the 25th day of April,
2016, for a public hearing to be held on the 10th day of May, 2016, at which time it was
76
F ll OAU.&IGENFRALWWWF--- d 0,&. %Ord+nm kPam CluricsUfe�ml Almgvmradoa 11
moved for adoption by Commissioner , seconded by
Commissioner , and adopted by the following vote:
Chairman Bob Solari
Vice Chairman Joseph E. Flescher
Commissioner Wesley S. Davis
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
The Chairman thereupon declared the ordinance duly passed and adopted this
, 2016.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency:
and Comptroller
Deputy Clerk Dylan Reingold, County Attorney
day of
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of , 2016.
F%An yw.&�GaXERADR n1�— &o,���,v ,P�a,Muu,. A��i��ma 12 77
BALLOT TITLE: Use of Marijuana for Debilitating Medical Conditions
BALLOT SUMMARY: Allows medical use of marijuana for individuals with debilitating medical conditions
as determined by a licensed Florida physician. Allows caregivers to assist patients' medical use of
marijuana. The Department of Health shall register and regulate centers that produce and distribute
marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies
only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or
production of marijuana.
ARTICLE AND SECTION BEING CREATED OR AMENDED: Article X, Section 29
FULL TEXT OF THE PROPOSED CONSTITUTIONAL AMENDMENT:
ARTICLE X, SECTION 29.— Medical marijuana production, possession and use.
(a) PUBLIC POLICY.
(1) The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is
not subject to criminal or civil liability or sanctions under Florida law.
(2) A physician shall not be subject to criminal or civil liability or sanctions under Florida law solely for
issuing a physician certification with reasonable care to a person diagnosed with a debilitating medical
condition in compliance with this section.
(3) Actions and conduct by a Medical Marijuana Treatment Center registered with the Department, or
its agents or employees, and in compliance with this section and Department regulations, shall not be
subject to criminal or civil liability or sanctions under Florida law.
(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following
meanings:
(1) "Debilitating Medical Condition" means cancer, epilepsy, glaucoma, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress
disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple
sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those
enumerated, and 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 qualifying patient
or a caregiver.
(4) "Marijuana" has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in
addition, "Low -THC cannabis" as defined in Section 381.986(1)(b), Florida Statutes (2014), shall also be
included in the meaning of the term "marijuana."
(5) "Medical Marijuana Treatment Center" (MMTC) means an entity that acquires, cultivates, possesses,
processes (including development of related products such as food, tinctures, aerosols, oils, or
78
ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers
and is registered by the Department.
(6) "Medical use" means the acquisition, possession, use, delivery, transfer, or administration of an
amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient
or caregiver for use by the caregiver's designated qualifying patient for the treatment of a debilitating
medical condition.
(7) "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 qualified for and obtained a caregiver
identification card issued by the Department. The Department may limit the number of qualifying
patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may
have at one time. Caregivers are prohibited from consuming marijuana obtained for medical use by the
qualifying patient.
(8) "Physician" means a person who is licensed to practice medicine in Florida.
(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
medical use of marijuana would likely outweigh the potential 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 and a full assessment of
the medical history of the patient. In order for a physician certification to be issued to a minor, a parent
or legal guardian of the minor must consent in writing.
(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 allows for a violation of any law other than for conduct in compliance with the
provisions of this section.
(2) Nothing in this section shall affect or repeal laws relating to non-medical use, possession, production,
or sale of marijuana.
(3) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying
patient.
(4) Nothing in this section shall permit the operation of any vehicle, aircraft, train or boat while under
the influence of marijuana.
(5) Nothing in this section requires the violation of federal law or purports to give immunity under
federal law.
Z]
(6) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in
any correctional institution or detention facility or place of education or employment, or of smoking
medical marijuana in any public place.
(7) 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.
(8) Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice
on the part of a qualified patient, caregiver, physician, MMTC, or its agents or employees.
(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 of the Department to
promulgate regulations in a timely fashion.
(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 and annual renewal of qualifying patient identification cards to people
with physician certifications and standards for renewal of such identification cards. Before issuing an
identification card to a minor, the Department must receive written consent from the minor's parent or
legal guardian, in addition to the physician certification.
b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate
background checks, and procedures for the issuance and annual renewal of caregiver identification
cards.
c. Procedures for the registration of MMTCs that include procedures for the issuance, renewal,
suspension and revocation of registration, and standards to ensure proper security, record keeping,
testing, labeling, inspection, and safety.
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) Identification cards and registrations. The Department shall begin issuing qualifying patient and
caregiver identification cards, and registering MMTCs no later than nine (9) months after the effective
date of this section.
(3) If the Department does not issue regulations, or if the Department does not begin issuing
identification cards and registering MMTCs 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.
80
(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
section.
(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 a court of competent
jurisdiction other provisions shall continue to be in effect to the fullest extent possible.
81
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NOTICE OF APPLICATION FOR
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10A.1
The Stuart News
1939 SE Federal Highway, Stuart, FL 34994
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MARTIN
Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales
Manager of the Stuart News, a daily newspaper published at Stuart in Martin County, Florida: that the attached copy of
advertisement was published in the Stuart News in the following issues below. Affiant further says that the said Stuart News is a
newspaper published in Stuart in said Martin County, Florida, with offices and paid circulation in Martin County, Florida, and that
said newspapers have heretofore been continuously published in said Martin County, Florida, daily and distributed in Martin,
Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says
that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said newspaper. The Stuart News has been entered as Periodical Matter at
the Post Offices in Stuart, Martin County, Florida and has been for a period of one year next preceding the first publication of the
attached copy of advertisement.
Customer Ad Number Coovline PO #
461741- INDIAN RIVER CO ATTORNEYS OFC 1050811 Meeting: 5/10/16: Pain Management Meeting: 5/10/16
Pub Dates
April 25, 2016
Sworn to andubscr eea before me this dZof, April 22, 2016, by
�� t✓ L who is
Sherri Cipriani
(X) personally known to me or
( ) who has produced
'e2 6zzna�
Sandra Coldren Notary Public
as identification.
L` !}• `_ SANDRA CO
MYCOYI LDhtN
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APR 2 g 2016
COUNTY ATTORNEY'S
OFFICE
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this
form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion
items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Susan Mehiel
ADDRESS: 131 Laurel Oak Ln, Vero Beach 32963 PHONE: 772-234-9451
SUBJECT MATTER FOR DISCUSSION: AAF/FEC and the Nuclear Power Plant
IS A PRESENTATION PLANNED?
IS BACK-UP BEING PROVIDED
IS THIS AN APPEAL OF A DECISION
YES NO
YES NO
a YES NO
WHAT RESOLUTION ARE YOU The commissioners are requested to task the Emergency Services
REQUESTING OF THE COMMISSION? Dept. to review the impact of a hazmat or nuclear disaster in or near
our county.
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
-X E -Mail
Fax
Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR. GJ•�
/ Joseph A. Baird
MEETING DATE: M, 10, 2016
82
Comments for IRC BOCC:
As you know, St. Lucie Village in the northern portion of St. Lucie County, has sent
a letter to the Nuclear Regulatory Commission, FEMA, the US DOT and to the
related state agencies — F DOT and the Florida Division of Emergency
Management asking if they are aware that a nuclear power plant is less than two
miles away from the Florida East Coast rail corridor where very volatile hazardous
materials are present every day.
Specifically, the Village asked a number of questions including:
Has the FP&L plant designed, documented and simulated an emergency and
evacuation plan that predicts freight or passenger trains blocking intersections at
the time of a nuclear accident?
Has the plant planned for and simulated the evacuation of passengers on a
stopped AAF train?
Has the plant planned for and simulated a HazMat breach within 2 miles of the
plant operations center — with the possibility of Chlorine Gas or LNG clouds
carrying over the plant?
Has the plant planned for the HazMat breach on the tracks directly below the
power lines that cross the tracks and carry the electricity to the mainland?
Most important for Indian River County is the fact that the NRC regulations
require the power plant to plan for emergency measures being implemented for
5, 10 and 50 mile distances from the plant. One of the maps I've given you today
shows a large portion of our county within that 50 mile radius.
Our organization, The No Trains Coalition, has joined St. Lucie Village in their
request that necessary and CRITICAL due diligence be done by these federal
agencies. We ask, why hasn't AAF done a Hazard Analysis of the route where it
plans to put thousands of people each day? The rail corridor may have been here
for 100 years but the power plant hasn't AND the nuclear plant has been in St.
Lucie County on South Hutchinson Island since 1976 — BUT ethanol, Chlorine Gas
and liquid Propane have NOT! With the addition of LNG to the corridor, if
Fortress gets its way, someone needs to assure the residents of the entire region
that there are safety measures in place NOW that can mitigate a devastating
catastrophe.
It is our contention that if FP&L were siting a nuclear power plant there today and
50+ trains carrying hazmat and passengers were operating less than 2 miles from
the proposed site — they would not be allowed to build there.
Today, we ask the commissioners of IRC to join residents around the region who
are following St. Lucie Village's lead and write the federal and state agencies and
express our shared concern for the residents of our county.
Thank you.
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
OFFICE OF FOSSIL ENERGY
MAY 29, 2015
AMERICAN LNG MARKETING LLQ FE DOCKET NO. 15 -19 -LNG
ORDER GRANTING LONG-TERM, MULTI -CONTRACT AUTHORIZATION
TO EXPORT LIQUEFIED NATURAL GAS...
American LNG states that the Titusville Facility will be constructed; owned, and operated by its
corporate affiliate TICO Development Partners, LLC (TICO). :..the LNG typically will be
delivered into approved ISO containers {truck or rail mounted), Hien loaded onto container
ships or roll-on/roll-off ocean-going carriers for export at the nearby Port Canaveral or other
ports in Florida (including Port Everglades, Port of Miami, Port of Palm Beach, and Port of
Jacksonville). ...equivalent to approximately 30.2 billion cubic feet per year
http.11energy. gov/sites/prod/files/2015/05/f22/ord3656.pdf
62--3
Case 1:15-cv-00632-CRC Document 20-4 Filed 05/22/15 Page 12 of 17
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,,Wco
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Case 1:15-cv-00632-CRC Document 20-4 Filed 05/22/15 Page 16 of 17
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Orange Zone:
t • t°v•.,'.: is '`i-1'�''•.: r. �, .t:yan. �'�t` _ ,.
'lri�,!;'�'e',I:i �.I ,A'i. '� w'A v,T... 'ti} ..b; .,:, �'kl:'r•>:• ,nr'.,'People: 521
',.,: '1 !;., Lp:: "`�•:, t,9 1'1 rl`+:;;., :.•tl..' .1. <' .i'€,tt
LII Homes: 24.3
1•^�e ®w Zone: ®ern'}'
a` Y People: 1 49,3
1 ' ,1 .I ,I II II 1111111,1: j n..^ tl dMr •« � . T1 tll ' i 1- ., �yY.!' ' I � �'��
Homes: 65.8
.li : :. Y:' �• � �' t: } ''', °.�.y,•a.. .:
h': 1 •i, : ri' fT0Ep ZONE:
Red: 466 yards'
Orange: 658
yards
025
yards
Map I'vZUiS C005jIe
Ca3e1:15'cV'UUG32-CRC Document 20-4 Filed 05/22/15 Page l5cfl7
SE Monterrey Road and SE D uxlle Hu"ghway
11w ed"
Pf. Container:
fill
DOT 1, 1 2J34OW
Railcar
19,522 gallons
Red Zone:
People:. 167
Homes: 62
Orange Zone:
People: 596
Homes: 277
Ile
Vel]hDw Zone:
People: 815,
Homes: 330
THREAT ZONE:
yards
yards
Caae1:15`cv-OO632-CRC Document 20-4 Filed 05/22/15 Page I4ofl7
SE Hildge Road -and SE DENE"e fflghway
'DOT 105,S500W
Railcar
17,290 gallons
Red Zone,:
F, People: 2,655
Homes: 1,609
Orange Zone:
People 2,969
Homes: 1 658
flow Zo e:
People.: 1,412
Homes: 81.5
7HREAT ZONE:
Red: greater than
6 miles
Orange: greater
than,6 miles
70 CO. L.), Yeflow: greater
than .6: miles
Case 1:RC Document 20-4 Filed 05/22/15. Page l3Of'I7
SE Cove Roid and SIE DR"xR'e HIghway
ED
IN
DOT 105S-50OW
Railcar
17,290 gallons
Red Zone:
People: 5,317
Homes: 3,249.
Orange Zone:
People: 5,602
Homes: 3,061
VeHow Zone:
People: 1,740
Homes: 99
NVIN
THREAT ZONE:
Red: greater than
6 miles
Orange: greater
t an 6 miles
than 6 miles
CDae1:15-cV'O0032-CRC I Document 20-4 Fi|ed'05/22/15 Page 7 of�17
SE Menteirey Road and SE DR'xie HE"ghway
DOT 112.1340W
Syqir
14
Railcar
19,522 gallons
1,3 1 Red Zone:
Peop'le: 490
Homes.: 304
SC
Orange Zone:
People: 897,
rq
Homes: 498
YeHow Zone:,
lu
People: 694
Homes: 482
V I -
THREAT ZONE:
Red: 1.4 miles
Orange: 4.3
nt
Yeffow: greater
YIN rl'w
than 6 miles
Map I
cQ
Y�
Case: 1:15-cv-00632-CRC Document 20-4 'Filed 05/22/15 Page 8of17
Liquefied Anhydrous Ammun�a RaUcair Am'dent
SE Monterey Read and SE DRM'e HIghway
jd`
West wind
n L1fv
1
J1i
Irl Iv u. .1
Va
-Y1
y
IT
7,
Ti 'N
P 11�1
Al
IT "A
$0 R ,1
0.
4",
'Olt—
N11111 '47
TIT ,!l��Pnllvcity, X
y.
V�5�
IN
V qt
IT
lel Ma 'd ata �)201 5 0 a c gle
N
RES
Case1:lG-cx-UO632'CRC DOCument.20-4 Filed 05/22/15 Page BOf17
SE Monterey Read and SE D:n"xR*e HR'ghway
IT
Al
Iijhl
10
ixAl
I X
IN
wk
Case 1:15-cv-00632-CRC Document 20-4 Filed 05/22/15 Page:. 10 of 17
Mquefled Anhydrous Ammon'a Raftair Acddent
SIE Cove Road and SIE D*R"'XR'e HR',ghway
Container:
4�
"t T
DOT 112J340W
Railcar
411
lip,r I 19,522 gallons
IJ
el
Q
Red Zone:
7 1.. '
People: 585
Homes: 225
-V
ILI
(D range Zone:
kV !it 1,,, I. 11T, Ili 0
C i ty"',
People:, 667
. . .. .... • Homes: 368
iii Hwy
;Ir
Yeflow Zone:
People: 5,024
Homes: 3,055
0
THREAT ZONE:
j Red: 1.4 miles
'
orange: 4.3
miles
Yw
ellllo:+ greater
W
than 6 miles
2015 GGO
Nlap daiiI'5 ql>
Case 1:15-cv-00632-CRC Document 20-4, Filed 05/22/15 Page 11 of 17
Uquefled Anhydrous Ammcnlla Raflcarr Acddent
SE Bildge Read and SE IDWe IH "ghway
IIE
10 ap d ata'.�Z, 0 15 G o o la
I
NI
r VVIVO
�tn
S6 (A"fit volit�' r
d Ill 0 el I
x�
Ss"
f.'. -�!,
_-"
Contaiiner:
DOT 11 2J34OW
Railcar
19,522 gaflons
Red Zone:
People.: 578
Homes.: 271
Orange
Zone:
,People:
268
lHomes:
165
YeUow
Zone:
People:
2,169
Homes:
1,355
THREAT ZONE:
Red: 1A miles
Orange: 4.3
miles
Yeflow: greater
than '6' miles
IMP
PO BOX 3878 • 'FORT PIERCE, FLORIDA 34948 • (772) 466-6900
Sarah E. Feinberg, Administrator
Federal Railroad Administration
West Building
1200 New Jersey Avenue, SE
Washington, DC 20590
William Craig Fugate, Administrator
Federal Emergency Management Agency
Federal Center Plaza
500 C Street, SW
Washington, DC 20472
Jim Boxold, Secretary
Florida Department of Transportation
605 Suwannee Street
Tallahassee, FL 323)99
April 22, 2016
Stephen G. Burns, Chairman
Nuclear regulatory Commission
One White Flint North Building
11555 Rockville Pike
Rockville, MD 20852
Bryan Koon, Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
RE: St. Lucie Nuclear Power Plant and Increases 'in Rail Traffic on "the-FECR Tracks
Dear Administrator Feinberg, Chairman Burns, Administrator Fugate, Secretary Boxold and
Director Koon:
I am writing as the Mayor of the Town of St. Lucie Village, Florida.
The Village is a small municipality located in St. Lucie County, Florida, and is bisected by the
FEC Railway and also located between approximately? 10 and .12 miles from Florida Power &
Light's nuclear plant in Fort Pierce.
Our area was settled in the 1850's and the municipality was incorporated in 1961. We are
currently trying to address numerous concerns with the -All Aboard Florida Project which, if it
proceeds, will use the FEC railway running through the middle of the Village, a rail line.that also
passes within approximately two miles of the nuclear power plant:
We're concerned that the rail project is dangerous to us; to the other local communities, and
presents a hazard in relation to the nuclear power plant.
'0126,111nat&A& .a aiA&A& 0!AL idPn Wat101tIZ AQq ifo D�.9&&OAiC &O LZCM .On Oec. 1, 1989
April 22, 2016
Page 2
When Florida Power and Light built the power plant in the 1970's, the Florida East Coast
Railroad moved a marginal amount of freight along this rail line. The company and rail corridor
are now owned by a hedge fund through an affiliate, and operations have changed and are
planned to change significantly.
The All Aboard Florida Project is designed not just to add high speed passenger rail between
Miami and Orlando, but also to add a second rail line and accommodate additional freight
through our area.
Over recent years, freight traffic has increased significantly and is still projected to double or
triple. Moreover, a number of hazardous materials have been added to the freight carried by the
railroad, including highly volatile ethanol, chlorine gas, anhydrous ammonia, and liquefied
propane gas. The US Department of Energy has granted approval to affiliated companies to
export liquefied natural gas by rail, and associated facilities are in development along the route.
(See the May 29, 2015, approval from the Department of Energy attached.)
Our communities and government agencies, particularly in this County and those to the
immediate north and south, have recognized the threat posed by the project and transmission of
hazardous materials going through densely populated areas along the East Coast. (See, for
example, Martin County's Emergency Services Division's study, also attached.)
Increasing freight and hazardous materials traffic, and adding 32 passenger trains per day
through the Treasure Coast and within two miles of the nuclear plant, seems to raise any number
of issues; and, we're concerned about its effect on the power plant.
The power plant is located on the barrier island which, itself, is heavily populated and which has
significant limitations on evacuation. There are additional populations also located on the
mainland, but still east of the railroad, so train issues could block evacuation. In the Village, one
stopped train could block the evacuation of most Village residents. All our communities have
major arteries, relatively close together, that could be blocked by a single stopped train.
We also note that, at the south end of the County, the rail bridge over the St. Lucie River is not
being replaced or double tracked, which would seem to create a choke point having major
implications for delivery of emergency services to the north and south, as well as evacuation
plans.
Moreover, with the plant located just two miles from the railway, and the transmission lines
passing directly above the tracks, operation of the plant could also be impacted by an accident
involving release of gas or chemicals, or an explosion.
va-lr
April 22, 2016
Page 3
The St: Lucie Village Board of Aldermen directed me to express the town's concerns to the
Nuclear Regulatory Commission, the Federal Emergency Management Authority and the Federal
Railroad Administration, as well as the State Department of Transportation and Division of
Emergency Management.
We believe that the rail project presents hazards that have not been evaluated; and, the Village
asks you:
o Has your agency assured that the FP&L power plant emergency response department
plans for and simulates freight and passenger trains on the tracks during a nuclear
accident at the plant? Have the trains been factored into evacuation timing calculations?
o Has the increased frequency and length of FEC trains carrying hazardous materials on its
route been considered? Has existence of such materials, includingchlorine gas, been
included in the analysis of external hazards to Control Center Operations and to the
power lines suspended over the tracks?
o Have.all potential hazard scenarios, including hazardous material breaches at possible
accident sites such as grade crossings and the intersection of rail lines near the plant, been
considered?
o Has the proximity of hazardous materials and the nuclear -plant location implications been
shared with FEMA and Homeland Security?
® Are there .implications for insurability of the power plant in. light of the relative location
of the tracks and the existence of hazardous materials and train passengers?
Please consider that; while the Village is small, our County has among the highest population
growth rates in the country; and, in St. Lucie County and Martin County, our 200,000 people live
within the 10 mile emergency planning zone.
Please provide us your analysis of the potential threats and impacts on any emergency situation
involving the nuclear power plant and advise as to the steps that will be taken in order to ensure
the safety of all residents in our area.
.
Sincerely, _
���,�:�'
William G. Thiess
Mayor
W GT/g
p -ii
Case 1:15-cv-00632-CRC Document 20-4 Filed 05/22/15 Page 2 of 17
IN THE UNi F .ED STATES DISTRI-CF COURT
FOR THE DISTRICT OFCOLLINIBLA
-MARTIN COUT<TY, FLORIDA, TVIONIAS L.
HE -WT T-, and V. i ICl•lAEL FERDENA:N131
!'krhll rfjs.
V.
U.S.'DEPT. OF TRANSPORTATION: ANT1-I0NN"
R. FOXX, in his official capacity as Secretary of
Transportation: 1'1= ITR M. ROGOFF.
in his official capacitt :,s Under Secretary of
Transportation for Pope}
l.�elF,rdnrrrs.
Civil. Action No. 15-632
DECLARATION OF DANIEL .I. Nl'011'1'ERS
1, Daniel J. Wouters, pursuant to 29 U.S.C, 3 1746. state and declare:
I am over tw-cnw-one years of agc and, ifealled to teslify at a lietnng in this
mattC'T. can and Will competently testify to die following facts of whicih I have personal
knowledge -
2. 1 ani currentiv the -tartin County Fire Rescue Departrnunt Division Chief (if
Operations and have served rn that rifle since 20041. Martin County Fire Rescue is a department
of Marius County. The facts outlined below arc based on rnv personal knowledge.
�. I hold the follo-wing, professiorwl qualifications: Florida F refightcr 11 Certificate
ofC onipliance. Florida State C unified Paramedic. Florida [Jazardous NltateTial 'feehnician
Ceriifi.catton. National .Fire Academy Ha7wdous Materials Toxicology Certificate. FI(rida State:
a#*
Case 1:15-cv-00632-CRC Document 20-4 Filed 05/22/15 Page 3 of 17
Certified Instructor 1.. and Associates Degree in Emergency Medical Services. I hold many
additional ccrtificat.ions.in 1 azardous material response,
4 1.nn l smiliar wish All Aboard Florida's ("AAF-) plan to establish an intercity
passenger rail sen icc between Miami and Orlando. Florida ("the Project") that would nun
directly through Marti_it County, adding It.) rowed -trip (32 erne; -way) passenger -rail trips as well 3s
additional freight rail traftic.
5. As Fire Rescue Division -Chief of Operations. i am responsible for all field
operations, kly v, sponsibilitics include fire suppression operations. emerigency medical servic s,
hazardous materials re.�Pomc. w.chnical. rescue, aeri)midical scrvicCs. and e,ccun rescue. Martin
County Fire Rescue employees serve and prtitect -52S syu.,re miles of a mi.- rpt'
suburban, auiculturah'mral kinds and waterfront. The Operations Di\Jision provides for the
safety and welfare of Martin C.ountv's residents and guests.throu,_li the presenvadon of fife.
property. and the environment.
6, +\ Vulnerability analysis w s compleied to analyze. the potential impnct of a
railcar crash resulting in a chemical release in Martin Coumy. The analysis. used software
available from the United States Environmental Protection Agency. The-lrulnembihty Analysis
is attached as Compoeite• Exhibit .,f.
?.
For the tin3lysis, the tollowing information used; prevailing weatlicr
(xinditiians, a 4 inch puncture, a release occurring at 2:04) a.m., and commonly transported
chemicals. Those chemicals are; liquefied chlorine Las. liquefied anhydrous :ammonia. and
liquefied propane gats. Those areas identified in yellow pol}fs!an displays thePopulatiom at nsl,
(117n��tahle disconifort, irritation or sensory effects._ but effects are not disabling £arid are
gz-ice
Case 1:15-cv-00632-CRC Document 20-4 Filed 05/22/15 Page 4 of 17
reversible. 'Those areas identified in orange polygon displays the papulation at risk of
irreversible or tither serious, lona-lustin- adverse health effects or an inip,aired ability wescape
the, environm ni. Thesc are:ss identified in rein polygon dispiays the population at risk of'
elperienc,e life-llnre-,itenirrg adverse lieialtlt effects or death. (see Com posiie C.r/ul if . t )
S, 7'he vulnerabilit-y analysis shows significant potential harm should an incident
occur on the railtvay.within. Martin County. There is greater potential for borne t+here the rail
sygern Passes through higher populations centers of the county. Oificrential in wind conditions
shut• that the ina.Wity of the community in illart.in County could be itnl1acied. (see C"omplo-Vire
1.-xliibh .d )
9_ 'There is a great potential for a significant negative environme.ritai impaci it' Martin
COunu. Fire. Rescue .vere required to take defensive operations to prevent the plume cloud from
dispersing throuth the community. The decree ol'rntpact would vary based on the specific
'chemical release, amount of the release, and location.
10. Tl-ic increa.;e in tr=ains commotin�.; through Marlin County v.. -ill increase the
potential liir such chemical oncoses. This increased potential fi?r a cheinjeal release likewisc
creates:tn increased potential for adverse impact on the residents and communities within Martin
I I . Martin County lire Rescue r6ponse options for initigating such incidents
inv(jivin a railcar chemical release are limited_
1?. Martin County lire Rescue's resources could be easily ovcrn'helmed and require
mutual aid assistance.and the implementation of many Comprehensivc Emergency Alanagement
plaits to nlitivate such risks.
Case 1:15-cv-00632-CRC Document 20-4 Filed 05/22/15 Page 5 of 17
i 3 A.; a result of increased rail traffic: caused by tllc Prizjcct,.. it will he dil'IwulI for
N -Martin Couniv I'Ire Resupc io evacuate prf peyties eas, of'tlie track it there is a hi zai-dokis
(nate ial spill or leak in the rail corridor.
I eleelare under pe-nalty of perjury that the foregoing is true :Incl correct.
Fxecutedthis ?1''.dayof May,?0ia_
lll() J. `)ltltS.�t.._.....s„�.a.....m,.a..,o,.�-r.-�.,�...a-T.�.m,.�.....7.......__
v--24
Case 1:15-cv-00632-CRC Document 20-4 Filed 05/22/15 Page 6 of 17
Cb
4 .i
INDIAN RIVER COUNTY, FLORIDA 10 C I.
MEMORANDUM
TO: Joseph A. Baird, County Administrator
DEPARTMENT HEAD CONCURRENCE
Stan Boling, All -*;
Community Development Director
THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning
FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planning ?.S..
DATE: April 21, 2016
SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting
It is requested that the following information be given formal consideration by the Board of
County Commissioners at its regular meeting of May 10, 2016.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing item has been scheduled for Board
consideration:
May 24, 2016
1. County initiated request to amend (update) the text of several elements of the county's
comprehensive plan, including the Future Land Use Element, the Recreation and Open
Space Element, the Transportation Element, the Economic Development Element, and the
Solid Waste Sub -Element. (Legislative)
RECOMMENDATION:
The above referenced public hearing item is provided for the Board's information. No action is
needed at this time.
F-Tommunity DevelopmenAUsm\LONG RANGE\PNITni8ldoc
83
APPROVED AGENDA ITEM:
FOR:
Indian River Co.
Approved
Date
Admin.
Legal
Budget
V4
Dept.
yl 2-Z1/(V
Risk Mgr.
F-Tommunity Development\Users\LONG RANGE\PNI\Pni82.doc 84
PRI
NY ER
Office of the
_ = INDIAN RIVER COUNTY
ADMINISTRATOR
ORIS
Joseph A. Baird, County Administrator
Michael C. Zito, Assistant County Administrator
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Joseph A. Baird
County Administrator
DATE: April 29, 2016
SUBJECT: Health Insurance Subsidy for Retirees
DESCRIPTION:
When the Board of County Commission made changes to the Health Insurance subsidy for
retirees on June 1, 2008, a policy was instituted that specified that a retiree who reached the
eligible age for Medicare would lose the County subsidy. The retiree would have the following
available options but could not continue to receive the County subsidy: 1) enrolling in the
B1ueMedicare Advantage Plan offered by the County (a fully insured Florida Blue product); 2)
continuing in the County's Health Insurance plan (a self-insured plan); or 3) enrolling in a
Medicare supplemental plan on the open market. Very few retirees take the BlueMedicare
Advantage Plan because of the limited network and the cost, which is currently $319.92 per
month per person. Retirees who had carried dependent coverage for a younger spouse or other
eligible dependents could continue to do so by remaining on the County's Health Insurance Plan
and paying 100% of the County's premium, which is currently $745 per month for the retiree
and dependents. This was an unintended consequence of this policy that we did not anticipate at
the time this change was made, and it was never our intent for this to happen.
ANALYSIS:
It is my opinion that the County should allow a retiree's dependents to remain on the county
health insurance plan when the retiree enrolls in Medicare and continue at the subsidized rate.
Allowing this change will most likely increase costs in Other Post Employee Benefits (OPEB)
85
for the County, but I believe it is an issue of fairness. The anticipated costs of correcting this
policy will be reflected in our next actuarial.
RECOMMENDATION:
Staff recommends the Board of County Commission approve the change to the retiree health
insurance subsidy policy as discussed herein. Staff proposes that retirees remain eligible for any
subsidy that has been earned until both the retiree and spouse have become eligible for Medicare.
In order to keep the subsidy after the retiree reaches the eligible age for Medicare, the retiree
must enroll in Medicare Parts A and B. At such time when both the retiree and spouse reach the
eligible age for Medicare, the County subsidy will terminate.
Staff also recommends the Board approve the changes to the Health Insurance subsidy policy for
retirees, and authorize the County Administrator to sign the updated policy.
AGENDA ITEM
May 10, 2016
EMNUR
Administrator
DEPARTMENTAL MATTERS
Indian River County �a
Inter -Office Memorandum
Office of Management and Budget
TO:
Members of the Board
of County Commissioners
DATE:
April 13, 2016
SUBJECT:
Quarterly Budget Report
FROM.
Jason E. Brown
Director, Office of Managen14nt A Budget
Attached is the staff report for the second quarter of fiscal year 2015/2016. Staff will make a
presentation at the Board meeting.
ATTACHMENT
Quarterly Budget Report
APPROVED AGENDA ITEM:
BY:C � . (�V�
/ Joseph A. Baird
(/ County Administrator
FOR May 10, 2016
Indian River County AppTNed Date
Administrator -3 s
County Attorney
Budget
Department
Risk Management
87
Quarterly Budget Report - Budget to Actual Expense Comparison
FY 2015-2016 2nd Qtr
001- General Fund
Department Description
BUDGET
Quarterly Budget
(50%ofTotal)
YTD Expenses
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
101 BCC Operations
$1,018,810
$509,405
$495,210
48.6%
($14,195)
Lobbying Services not yet paid in full
102 CountyAttorney
y
$1,962,899
$981,450
$529,595
27.0%
($451,855)
Legal Services budgeted but not incurred
regarding All Aboard Florida.
103 Geographic Info Systems Dept
$38,163
$19,082
$19,082
50.0%
$0
GIS costs charged on a monthly basis.
106 General Health
$866,812
$433,406
$444,703
51.3%
$11,297
107 Communications/Emergency Svc
$510,917
$255,459
$175,024
34.3%
($80,434)
800 MHZ Maintenance budgeted but not yet
expended
109 Main Library
$2,213,114
$1,106,557
$1,074,013
48.5%
($32,544)
110 Agencies
$4,959,417
$2,479,709
$2,766,884
55.8%
$287,176
Community Transportation Coordinator
expenses reimbursed as expended.
_
111 Medicaid
$1,016,073
$508,037
$381,477
37.5%
($126,559)
Lag time in reimbursement submittals.
112 North County Library
$1,055,214
_ $527,607
$555,018
_ 52.6%
$27,411
113 Brackett Family Library
$268,079
$134,039
$137,897
51.4%
$3,858
114 Value Adjustment Board
$68,450
$34,225
$29,699
43.4%
($4,526)
Expenses to be incurred later in the year.
118 Ind Riv Soil/Water Consery
$44,687
$22,343
$19,786
44.3%
($2,558)
119 Law Library
$75,239
$37,619
$39,005
51.8%
$1,385
128 Children's Services
$851,965
$425,983
$439,078
51.5%
$13,095
Funding based on reimbursement submittals.
137 Redevelopment Districts
$161,294
$80,647
$159,094
98.6%
$78,447
CRA payments are due in full in December.
199 Reserves
$6,361,188
$3,180,594
$2,312,255
36.3%
($868,339)
Contingencies budgeted, but not expended.
201 County Administrator
$491,991
$245,996
$212,573
43.2%
($33,422)
Lobbyist Services not yet expended.
202 General Services
$127,815
$63,908
$59,135
46.3%
($4,772)
203 Human Resources
$412,299
$206,149
$190,111
46.1%
($16,038)
204 Planning and Development
$6,000
$3,000
$1,026
34.2%
($1,974)
Pace/illegal dumping expenses to be incurred
later this year.
206 Veterans Services
$253,058
_
$126,529
$115,014
45.4%
($11,515)
Expenditures based on reimbursement.
208 Emergency Management
$519,584
$259,792
$217,132
41.8%
($42,660)
Grant expenditures to be incurred later this
year.
210 Parks
$2,195,489
$1,097,745
$987,892
45.0%
($109,853)
Budgeted capital expenses not yet incurred.
211 Human Services
$282,216
$141,108
$93,263
33.0%
($47,845)
Billed quarterly for staff from Health Dept. Not
processed until April
,'i
Quarterly Budget Report - Budget to Actual Expense Comparison
FY 2015-2016 2nd Qtr
001- General Fund (continued)
Department Description
Budget
Quarterly Budget
(50% of Total)
YTD Expenses
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
212 Agriculture Extension
$144,945
$72,472
$56,886
39.2%
($15,586)
Quarterly billing not yet completed.
216 Purchasing
$155,644
$77,822
$70,805
45.5%
($7,017)
220 Facilities Management
$3,462,100
$1,731,050
$1,619,119
46.8%
($111,931)
Admin. Building Roof legal expenses not yet
expended
229 Management & Budget
$366,982
$183,491
$151,578
41.3%
($31,914)
Salary expenses to be incurred later this year
with Director overlap
237 FPL Grant
$103,633
$51,817
$46,455
44.8%
($5,361)
238 Emergency Mgmt Base Grant
$115,791
$57,896
$51,483
44.5%
($6,412)
FEMA CERT Grant not yet expended.
241 Computer Services
$274,128
$137,064
$137,064
50.0%
$0
Computer Service costs charged on a monthly
basis.
246 Risk Management
$283,218
$141,609
$283,218
100.0%
$141,609
Insurance charge done once a year.
250 County Animal Control
$534,009
$267,005
$258,513
48.4%
($8,491)
Fuel expenses lower than anticipated.
251 Mailroom/Switchboard
$309,305
$154,652
$120,022
38.8%
($34,630)
Postage to be paid later in the year
252 Environmental Control
$7,033
$3,517
$3,513
49.9%
($4)
300 Clerk Of Circuit Court
$921,370
$460,685
$462,756
50.2%
$2,071
400 Tax Collector
$1,265,104
$632,552
$3,087,409
244.0%
$2,454,857
Commission charged on Ad Valorem collections,
most collected by December. TC returns excess
fees at year end.
500 Property Appraiser
$2,769,794
$1,384,897
$1,432,401
51.7%
$47,504
600 Sheriff
$43,230,614
$21,615,307
$21,641,480
50.1%
$26,173
700 Supervisor Of Elections
$1,254,743
$627,371
$740,063
59.0%
$112,692
First draw is 25% of budget per Florida Statutes.
901 Circuit Court
$26,722
$13,361
$0
0.0%
($13,361)
Expenditures based on reimbursement.
903 State Attorney
$91,742
$45,871
$49,865
54.4%
$3,994
Expenditures based on reimbursement.
904 Public Defender
$3,354
$1,677
$1,587
47.3%
($90)
Expenditures based on reimbursement.
907 Medical Examiner
$324,199
$162,100
$162,100
50.0%
$0
Grand Total
$81,405,204
$40,702,602
$41,830,283
51.4%
$1,127,681
00
Quarterly Budget Report - Budget to Actual Expense Comparison
FY 2015-2016 2nd Qtr
004 - M.S.T.U. Fund
�o
0
Quarterly Budget
Percentage of
Difference from
Department Description
BUDGET
(50% of Total)
YTD Expenses
Annual Budget
50%
Comments/ Notes
$72,789
$36,395
$52,614
72.3%$16,219
Florida Municipal Power Agency (FMPA) legal
102 County Attorney
expenses
104 North County Aquatic Center
$841,237
$420,618
$266,671
31.7%
($153,948)
Seasonal operations at pool. Higher expenses
(temp. employees) in summer
105 Gifford Aquatic Center
$374,642
$187,321
$123,194
32.9%
($64,127)
Seasonal operations at pool. Higher expenses
(temp. employees) in summer.
108 Recreation
$940,489
$470,244
$419,744
446%
($50,500)
Some seasonal operations (summer camps) with
higher expenses (temp. employees) in summer
115 Intergenerational Facility
$150,000
$75,000
$219
0.1%
($74,781)
Facility not yet open.
116 Ocean Rescue
$800,195
$400,097
$374,712
46.8%
($25,385)
Operating expenses lower than anticipated.
161 Shooting Range Operations
$443,063
$221,531
$209,831
47.4%
($11,700)
Decrease in Pro Shop and Clay Target expenses.
199 Reserves
$21,201,587
$10,600,793
$10,404,793
491%
($196,000)
204 Planning And Development
$222,557
$111,278
$99,405
44.7%
($11,873)
Expenses to be incurred later in the year
205 County Planning
$865,231
$432,615
$476,863
55.1%
$44,248
Insurance charge done once per fiscal year
207 Environmental Plan/Code Enforc
$439,802
$219,901
$180,922
41.1%
($38,979)
Well Plugging expenses not yet incurred
210 Parks
$101,080
$50,540
$39,972
39.5%
($10,568)
Other Contractual Services not yet expended.
214 Roads And Bridges
$49,221
$24,611
$4,710
9.6%
($19,900)
Costs to demolish structures condemned by BCC
vary and don't occur regularly throughout year
234 Telecommunications
$117,767
$58,883
$48,083
40.8%
($10,800)
Phone system upgrade to be completed later
this year.
_
_
Commission charged on Ad Valorem collections,
400 Tax Collector
$80,000
$40,000
$149,732
187.2%
$109,732
most collected by December TC returns excess
fees at year end.
Grand Total
$26,699,659
$13,349,829
$12,851,466
48.1%
($498,364)
�o
0
Quarterly Budget Report - Budget to Actual Expense Comparison
FY 2015-2016 2nd Qtr
111- Transportation Fund
Department Description
BUDGET
Quarterly Budget
(50% of Total)
YTD Expenses
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
199 Reserves
$1,554,335
$777,167
$432,551
27.8%
($344,616)
Contingencies budgeted, but not expended.
214 Roads And Bridges
$7,377,040
$3,688,520
$3,265,221
44.3%
($423,299)
Fuel and road materials currently under budget.
243 Public Works
$295,143
$147,572
$143,965
48.8%
($3,607)
quarters. This is 47% of salaries rather than
244 County Engineering
$2,026,644
$1,013,322
$854,138
42.1%
($159,184)
Multiple position vacancies.
245 Traffic Engineering
$2,584,797
$1,292,398
$1,053,881
40.8%
($238,517)
Multiple position vacancies and signal
enhancements to be completed later this year.
281 Stormwater
$608,344
$304,172
$197,542
32.5%
($106,630)
Capital equipment purchases not yet made.
Grand Total
$14,446,303
$7,223,152
$5,947,298
41.2%
1 ($1,275,853)
quarters. This is 47% of salaries rather than
114 Emergency Services District
Grand Total - All Taxing Funds $159,223,127 $79,611,563 $77,367,395 48.6% ($2,244,169)
Quarterly Budget
Percentage of
Difference from
Department Description
BUDGET
(50% of Total)
YTD Expenses
Annual Budget
50%
Comments/ Notes
12.1 pay periods out of 26 were paid in 2
Salaries
$17,404,386
$8,702,193
$7,661,933
44.0%
($1,040,260)
quarters. This is 47% of salaries rather than
50%. Employee turnover is also contributing to
the decrease.
12.1 pay periods out of 26 were paid in 2
Benefits
$8,196,785
$4,098,393
$3,635,312
44.4%
($463,081)
quarters. This is 47% of salaries rather than
50%. Employee turnover is also contributing to
the decrease.
Operating
$4,647,239
$2,323,620
$2,342,077
50.4%
$18,458
Capital Outlay
$5,653,697
$2,826,849
$2,448,798
43.3%
($378,051)
Some capital items not yet purchased.
Grants and Aids
$13,822
$6,911
$13,821
100.0%
$6,910
Payment to Division of Forestry made once per
year, done in October.
Other Uses
$756,032
$378,016
$636,407
84.2°/a
$258391
Tax Collector runs at a deficit until excess fees,
are returned at fiscal year end.
Grand Total
$36,671,961
$18,335,981
$16,738,347
45.6%
($1,597,633)
Grand Total - All Taxing Funds $159,223,127 $79,611,563 $77,367,395 48.6% ($2,244,169)
Quarterly Budget Report - Budget to Actual Revenue Comparison
FY 2015-2016 2nd Qtr
001 -GENERAL FUND
Account Description
BUDGET
Quarterly
Budget (50% of
Total)
YTD Revenues
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
001031 Taxes
$45,839,223
$22,919,612
$42,727,090
93.2%
$19,807,478
The county budgets ad valorem taxes @ 95% collection.
Most are paid by Nov to receive the 4% discount
001033 Intergovernmental
$8,872,101
$4,436,050
$5,031,763
56.7%
$595,713
Some grants may be awarded in full at the beginning o
the fiscal year.
001034 Charges For Services
$774,188
$387,094
$481,265
62.2%
$94,172
Received up front payment from Sheriff for Resource
Officers payment from Schools
001035 Judgments,Fines & Forfeits
$224,200
$112,100
$96,752
43.2%
($15,348)
Radio Tower rents and Animal Control Fines slightly
below budgeted figures
001036 Licenses
$104,500
$52,250
$54,590
52.2%
$2,340
_
001037 Interest _
$107,500
$53,750
$81,963
76.2%
$28,213
Interest earnings higher than anticipated
001037 Interest Mark to Market Adjustment
$0
$0
$10,388
N/A
$10,388
Non -Cash entry required by GASB made quarterly
001038 Miscellaneous
$4,149,383
$2,074,691
$2,603,929
62.8%
$529,237
Surplus sales, grants, library donations and rebate fees
higher than anticipated
001039 Other Sources
$21,334,109
$10,667,055
$7,865,921
36.9%
($2,801,134)
Cash forward reserves budgeted, but not actual
Grand Total
$81,405,203
$40,702,602
$58,953,660
72.4%
$18,251,059
004 MUNICIPAL SERVICE FUND
Account Description
BUDGET
Quarterly
Budget (50% of
Total)
YTD Revenues
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
004031 Taxes
_
$9,377,174
$4,688,587
$7,999,572
85.3%
$3,310,985
The county budgets ad valorem taxes @ 95% collection.
Most are paid in Nov to receive 4% discount. MSTU
includes communications tax and business tax which
makes this % lower than other funds.
004032 Permits And Fees
-
$8,627,900
$4,313,950
$3,937,428
45.6%
($376,522)
Lag time in receiving franchise fee payments- 5 payments
in 6 months
004033 Intergovernmental
$5,790,606
$2,895,303
$2,905,363
50.2%
$10,060
Lag time in receiving 1/2 Cent Sales Tax- 5 payments in 6
months
004034 Charges For Services
$643,625
$321,813
$287,141
44.6%
($34,672)
_
Pool and recreation revenues increase in summer
004035 Judgments,Fines & Forfeits
$137,750
$68,875
$44,213
32.1%
($24,662)
Code enforcement fines down
004037 Interest
$39,569
$19,785
$36,030
91.1%
$16,245
Interest higher than anticipated
004037 Interest Mark to Market Adjustment
Av $0
$0
$5,060
N/A
$5,060
Non -Cash entry required by GASB made quarterly
004038 Miscellaneous
$13,705
$6,853
$8,432
61.5%
$1,580
Surplus Sales higher than anticipated
004039 Other Sources
$2,069,331
$1,034,666
$0
0.0%
($1,034,666)
Cash forward reserves budgeted, but not actual
Grand Total
$26,699,660
$13,349,830
$15,223,238
57.0%
$1,873,408
�O
N
Quarterly Budget Report - Budget to Actual Revenue Comparison
FY 2015-2016 2nd Qtr
111 TRANSPORTATION FUND
Department Description
BUDGET
Quarterly
Budget (50% of
Total)
YTD Revenues
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
111032 Permits And Fees
$175,750
$87,875
$103,409
58.8%
$15,534
Paving assessments entry completed at yearend
111033 Intergovernmental
$2,552,627
$1,276,313
$1,202,889
47.1%
($73,425)
Only 5 Gas Tax payments received in 6 months
111034 Charges For Services
$91,200
$45,600
$22,165
24.3%
($23,435)
MPO Services reimbursements done at year end
111037 Interest
$32,000
$16,000
$18,398
57.5%
$2,398
Interest earnings higher than anticipated
111037 Interest Mark to Market Adjustment
$0
$0
$1,641
N/A
$1,641
Non -Cash entry required by GASB made quarterly
111038 Miscellaneous
$417,525
$208,763
$231,908
5S.5%
$23,146
Surplus Sales higher than anticipated
111039 Other Sources
$11,177,201
$5,588,601
$4,599,887
41.2%
($988,714)
Cash forward reserves budgeted, but not actual
Grand Total
$14,446,303
$7,223,151
$6,180,297
42.8%
($1,042,854)
Cash forward reserves budgeted, but not actual
114 EMERGENCY SERVICES DISTRICT
Department Description
BUDGET
Quarterly
Budget (50% of
Total)
YTD Revenues
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
114031 Taxes
$25,209,922
$12,604,961
$23,315,542
92.5%
$10,710,581
The county budgets ad valorem taxes @ 95% collection.
Most are paid by Nov. to receive the 4% discount
114033 Intergovernmental
$74,434
$37,217
$66,433
89.3%
$29,216
Grant paid on advance basis
114034 Charges For Services
$5,174,951
$2,587,476
$3,083,976
59.6%
$496,500
Permit, Inspection, and AIS revenues higher than
anticipated
1140351udgments,Fines & Forfeits
$11,400
$5,700
$2,300
20.2%
($3,400)
False Fire Alarm revenues down slightly
114037 Interest
$30,000
$15,000
$28,137
93.8%
$13,137
Interest higher than anticipated
114037 Interest Mark to Market Adjustment
$0
$0
$3,993
N/A
$3,993
Non -Cash entry required by GASB made quarterly
114038 Miscellaneous
$37,820
$18,910
$32,380
85.6%
$13,470
Surplus Sales higher than anticipated
114039 Other Sources
$6,133,433
$3,066,717
$0
0.0%
($3,066,717)
Cash forward reserves budgeted, but not actual
Grand Total
$36,671,961
$18,335,980
$26,532,761
72.4%
$8,196,781
Grand Total - All Taxing funds $159,223,126 $79,611,563 $106,889,957 67.1% $27,278,393
�O
W
Financial Indicators Snapshot - Mar 2016
Report
Revenues
Gas Tax (Fund 109)
Optional Sales Tax (Fund 315)
Half Cent Sales Tax
Traffic Impact Fees (Fund 102)
Impact Fees (Fund 103)
Tourist Tax
Franchise Fees -TOTAL
Recreatioh',Revenues,t, '
NCAC
GAC
Recreation
Profit&',Loss,"
Building Dept.
Golf Course
Fleet
SWDD
Shooting Range
A
Compared to Prior Year
% Change
Current Month
% Change Year -
to -Date
-3.5%
1.5%
4.5%
4u 13.8%
4 3.7%
��4%
5.3%
4 42.4%
4 77 4%
93.5%
4_33.3%
8.2%
12.2%
-0.7%
-0.5%
4 89.6%
4 48.8%
32.3%
-15.9%
-19.9%
27.3%
4 10.2%
107.0%
88.3%
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Compared to Budget
% Variance
Current
Month
% Variance
Year -to -Date
4 3.3%
8.7%
10.1%
4u 13.8%
4 1.8%
4 6.5%
4 22.4%
.-11�1 89.4%
4222.0%
-ju - 250.0%
6.9%
4 89.6%
51.1%
293.8%
01.0%
-36.8%
10.1%
Comments
Down slightly from last year for the month- Up from
budget for the month and YTD
Thru Feb collections -trend is positive -YTD figures have
exceeded prior year by $288,445
YTD figures have exceeded prior year by $194,693
Varies by month, however,significant annual increase
Varies by month, however,significant annual increase
Tourist Taxes have exceeded the budget by $178,480
Overall Franchise Tax revenue of $4,325,774vs
$4,348,052 from last year
Pool closed for refurbish Nov 3- Dec 22- 2014 Revenues
coming back
Pool had additonal patrons last year due to NCAC closed
South County Youth Athletics up from last year
Revenue as well as expenses have increased
Total Rounds are down 1,495 or 2.7% YTD. Net income
of $932,834 vs $983,351 from last year
Fleet YTD net income of $119,869 vs $130,639 from last
year
SWDD YTD net Income of $6,291,197 vs $4,581,576
from last year
Shooting Range YTD net income of ($47,174) vs
_($2,296) from last year
FY 2015/2016 BUDGET RECONCILIATION
October 1, 2015 to. March 31, 2016 Budget
Approved Budget as of October 1, 2015 $ 279,999,908
Fund
Item Description
Budget Amendment
Grants
Received
001
Sheriff/DOJ/SCAAP Grant
45,022
4
001
EMS/Cert and EMPG Grants
114,879
9
001
DOT Public Trans Block Grant
446,117
9
001
Section 5311 Grant
65,304
9
108
HUDNerterans Affairs Supportive Housing Grant
46,246
9
114
EMS/County Awards Grant
29,309
9
124
FDOT Safe Routes Grant
8,236
12
133
FIND Small Derelict Vessel Removal Grant
9,750
9 & 11
315
Hunter Education Classroom Grant
144,000
12
315
CDBG/East Gifford Drainage Grant
30,000
13
315
FDEP/45th Street Oyster Project Grant
50,000
14
315
FDOT LAP Grant/VLE Sidewalks -grant reduced
-67,585
14
921,278
Projects Carried Forward from FY 2014115
001
Library Carpeting
62,184
2
001
Parks/Other Machinery & Equip
53,778
2
001
Facilities Mgmt/Maintenance-AC
3,774
2
001
Facilities Mgmt/Other Improvements Except Bldgs
86,162
2
001
Animal Control/Automotive
24,930
2
001
Sheriff/Corrections
15,480
3
001
Senior Resource Associaiton
2,296,493
11
001
County Attorney/All Aboard Florida
106,529
11
001
Agencies/Economic Devlepment Positiong Initiative
20,500
11
001
EMS/Various Grants
15,877
11
001
Parks/Other Operating Supplies
5,000
11
001
Facilities Management/Legal Services -Admin Svcs
11,267
11
004
County Attorney/Legal Services- FMPA
22,789
11
004
Road & Bridge/Other Contractual Services
49,221
11
102
Traffic Impact Fees/Road Projects
2,283,717
11
103
Impact Fees/Parks/SC Intergenerational Facility
1,488,339
2
103
Impact Fees/Law Enforcement
589,177
3 & 11
103
Impact Fees/Corrections
90,935
3
103
Impact Fees/Emergency Services
47,891
11
103
Impact Fees/Parks
125,000
11
103
Impact Fees/Sporting Clays Course
366,723
11
103
Impact Fees/Public Buildings/Land
400,000
11
108
Section 8 Housing/TBRA Grant
111,760
11
109
Secondary Roads/Road Projects
6,202,432
11
111
Road & Bridge/Other Machinery & Equip
3,186
2
111
Traffic Engineering/Traffic Signals
30,000
11
111
Engineering/Automotive
26,135
2
111
Traffic Engineering/State Highway Signal Improvements
76,613
2
114
Fire Rescue/Maint-Bldgs
1,085
2
114
Fire Rescue/Maint-Heavy Equipment
30,597
2
114
Fire Rescue/Operating Supplies/Modular Buildings
55,063
2 & 11
114
Fire Rescue//Modular Buildings
54,395
11
114
Fire Rescue/Automotive
1,485,469
2
114
Fire Rescue/Other Machinery & Equip
61,824
2
114
Fire Rescue/EMS County Awards
15,131
11
114
Fire Rescue/FS# 7 Rennovations
499,800
11
114
Fire Rescue/FS# 13
47,094
11
114
Fire Rescue/Other Operadng Supplies
18,537
11
114
Fire Rescue/Uniforms & Clothing
22,990
11
F-\Budget\Quarterly Budget Reports\Budget Amendment History 95
114
Fire Rescue/Machinery & Equipment
151,855
11
114
Fire Rescue/EDP Equipment
3,991
11
114
Fire Rescue/Communications Equipment -All
15,073
11
114
Fire Rescue/Automotive
199,554
11
114
Fire Rescue/Other Improvements Except Bldgs
5,000
11
114
Fire Rescue/Station # 1 Rennovations
1,500,000
11
117
Parks/Landscape Materials
100,000
11
123
SHIP Program/Purchase Assistance Loan
322,358
11
124
Planning/Transit Hub Project
1,174,915
11
127
Parks/Other Contractual Services
50,000
11
133
Pasrks/Other Contractual Services
490,771
11
136
Rental Assistance/HUD Grants
42,009
11
140
Facilities Mgmt/Maint-Other Equipment
7,494
2
140
Facilities Mgmt/New Courtroom
213,634
11
145
Other Improvements Except Buildings
25,000
11
171
Drainage System
19,000
11
181
45th Street Beautification
50,000
11
185
Raod & Bridge/Millings
472,252
11
315
Parks/Gifford Parks Improvements
20,000
11
315
Parks/Sporting Clays Course
2,000,000
11
315
Road Projects
8,327,338
11
315
Main Library/Air Conditioning
5,580
2
315
Fire Rescue/Automotive
1,211,102
2
315
Fire Rescue/P25 compliance
1,000,000
11
315
Parks/Other Impr Except Buildings
337,889
2 & 11
315
Parks/SC Intergenerational Facility
9,021,646
2 & 11
315
Sheriff/Law Enforcement
1,326,642
3 & 11 & 13
315
Sheriff/Corrections
241,456
3
315
Facilities Maint/Displaced & New Courtroom
4,000,000
11
315
Facilities Maint/New Admin Roof
4,000,000
11
315
East Gifford Drainage
176,728
11
315
Land for future public bldgs
800,000
11
315
Facilities Maint/New HVAC controls
410,908
11
315
Senior Resource Association/Bus Shelters
5,141
11
315
Parks/Conservation Areas
150,000
11
315
Facilities Maint/Other Bldgs
2,000,000
11
315
Budget Transfer -Clerk of Court
31,870
11
315
Supervisor of Elections/Other Machinery. & Equip
466,667
11
471
Wastewater Treatment/R&R
16,410
2
471
General & Engineering/Misc Sewer R&R
7,697
2
471
General & Engineering/Roseland Road Pump
19,688
2
471
Wastewater Collection/R&R
12,988
2
57,340,533
Donations/Contributions
001
Donations/Library
27,438
4 & 14
001
Donations/Bougainvillea Garden Circle for bench at courthouse
1,495
9
001
Donations/Health Dept /MLK Park
5,500
9
001
LC Construction/Reimburse bus shelter
6,509
13
004
FP&L/Human Services
500
12
004
Recreation/Vero Codgers
2,780
13
109
Developer Contributions/45th street millings
20,000
12
134
Donations/Library
10,741
4
74,963
F \Budget\Quarterly Budget Reports\Budget Amendment History 96
Unbudgeted Items
001
Sheriff/Law Enforcement/SRO & 2nd SRO
61,242
4 & 9
001
Sheriff/Mental Health Court
202,410
7
001
Facilities Maint/Other Contractual Services
32,500
14
001
Overtime/payouts
48,281
14
001
SRA/Grant match
117,207
14
103
Main Library/Fund CIE
993,723
14
112
Law Enforcement Trust Fund/Ballistic helmets
30,000
14
114
Fire Rescue/Equip new vehicles with radios
292,000
9
119
Dodgertown/Maint-Other Equipment
5,000
12
126
Law Enforcement Trust Fund/Confiscated Properties
147,429
1 & 8 & 15
133
FIND Small Derelict Vessel Removal Grant -match
3,250
9 & 11
137
Traffic Education/IR School District
21,650
5
140
Facility Maint/Maint-Other Equip
800
14
315
Park/MLK Park
160,000
4
315
Parks/Hunter Education Classroom -match
316,000
12
315
Facililties Maint/HVAC controls
266,745
12
315
Transfer Out/West Wabasso Sewer Project II
196,472
13
315
Public Works/Fund CIE
150,000
14
441
Building Department/Other Professional Services
250,000
12
441
Building Department/Part-time employee
39,398
14
502
Risk/Budget Director
16,042
14
505
Computers Services/IT Security Assessment
49,900
9
505
Compeur Services/Budget Transfer -Clerk of Court
11,050
11
3,411,099
Total - All Amendments
61,747,873
Total Budget as of March 31, 2016
$
341,747,781
F-\Budget\Quarterly Budget Reports\Budget Amendment History 97
Quarterly Budget Report - Budget to Actual Revenue Comparison
FY 2015-2016 2nd Qtr
001- GENERAL FUND
004 MUNICIPAL SERVICE FUND
Quarterly
Budget (50% of
Percentage of
Difference from
Account Description
BUDGET
Total)
YTD Revenues
Annual Budget
50%
Comments/ Notes
001031 Taxes
$45,839,223
$22,919,612
$42,727,090
93.2%
$19,807,478
The county budgets ad valorem taxes @ 95% collection.
004031 Taxes
$9,377,174
$4,688,587
$7,999,572
85.3%
$3,310,985
Most are paid by Nov to receive the 4% discount
001033 Intergovernmental
$8,872,101
$4,436,050
$5,031,763
56.7%
$595,713
Some grants may be awarded in full at the beginning o
the fiscal year.
001034 Charges For Services
$774,188
$387,094
$481,265
62.2%
$94,172
Received up front payment from Sheriff for Resource
Officers payment from Schools
001035 Judgments,Fines & Forfeits
$224,200
$112,100
$96,752
43.2%
($15,348 )
Radio Tower rents and Animal Control Fines slightly
below budgeted figures
_
001036 Licenses
$104,500
$52,250
$54,590
52.2%
$2,340
months
001037 Interest
$107,500
$53,750
$81,963
76.2%
$28,213
Interest earnings higher than anticipated
001037 Interest Mark to Market Adjustment
$0
$0.
$10,388
N/A
$10,388
Non -Cash entry required by GASB made quarterly
001038 Miscellaneous
$4,149,383
$2,074,691
$2,603,929
62.8%
$529,237
Surplus sales, grants, library donations and rebate fees
004037 Interest Mark to Market Adjustment
$0
$0
$5,060
N/A
$5,060
higher than anticipated
001039 Other Sources
$21,334,109
$10,667,055
$7,865,921
36.9%
($2,801,134)
Cash forward reserves budgeted, but not actual
Grand Total
$81,405,203
$40,702,602
$58,953,660
72.4%
$18,251,059
Cash forward reserves budgeted, but not actual
004 MUNICIPAL SERVICE FUND
10
00
Quarterly
Budget (50% of
Percentage of
Difference from
Account Description
BUDGET
Total)
YTD Revenues
Annual Budget
50%
Comments/ Notes
The county budgets ad valorem taxes @ 95% collection.
004031 Taxes
$9,377,174
$4,688,587
$7,999,572
85.3%
$3,310,985
Most are paid in Nov to receive 4% discount. MST]
includes communications tax and business tax which
makes this % lower than other funds.
004032 Permits And Fees
$8,627,900
$4,313,950
$3,937,428
45.6%
($376,522)
Lag time in receiving franchise fee payments- 5 payments
in 6 months
004033 Intergovernmental
$5,790,606
$2,895,303
$2,905,363
50.2%
$10,060
Lag time in receiving 1/2 Cent Sales Tax- 5 payments in 6
months
004034 Charges For Services
$643,625
$321,813
$287,141
44.6%
($34,672)
Pool and recreation revenues increase in summer
004035 Judgments,Fines & Forfeits
$137,750
$68,875
$44,213
32.1%
($24,662)
Code enforcement fines down
004037 Interest
$39,569
$19,785
$36,030
91.1%
$16,245
Interest higher than anticipated
004037 Interest Mark to Market Adjustment
$0
$0
$5,060
N/A
$5,060
Non -Cash entry required by GASB made quarterly
004038 Miscellaneous
$13,705
$6,853
$8,432
61.5%
$1,580
Surplus Sales higher than anticipated
004039 Other Sources
$2,069,331
$1,034,666
$0
0.0%
($1,034,666)
Cash forward reserves budgeted, but not actual
Grand Total
$26,699,660
$13,349,830
$15,223,238
57.0%
$1,873,408
10
00
Quarterly Budget Report - Budget to Actual Revenue Comparison
FY 2015-2016 2nd Qtr
111 TRANSPORTATION FUND
Department Description
BUDGET
Quarterly
Budget (50% of
Total)
YTD Revenues
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
111032 Permits And Fees
$175,750
$87,875
$103,409
58.8%
$15,534
Paving assessments entry completed at yearend
111033 Intergovernmental
$2,552,627
$1,276,313
$1,202,889
47.1%
($73,425)
Only 5 Gas Tax payments received in 6 months
111034 Charges For Services
$91,200
$45,600
$22,165
24.3%
($23,435)
MPO Services reimbursements done at year end
111037 Interest
$32,000
$16,000
$18,398
57.5%
$2,398
Interest earnings higher than anticipated
111037 Interest Mark to Market Adjustment
$0
$0
$1,641
N/A
$1,641
Non -Cash entry required by GASB made quarterly
111038 Miscellaneous
$417,525
$208,763
$231,908
55.5%
$23,146
Surplus Sales higher than anticipated
111039 Other Sources
$11,177,201
$5,588,601
$4,599,887
41.2%
($988,714)
Cash forward reserves budgeted, but not actual
Grand Total
$14,446,303
1 $7,223,151
$6,180,297
42.8%
($1,042,854)
Cash forward reserves budgeted, but not actual
114 EMERGENCY SERVICES DISTRICT
Department Description
BUDGET
Quarterly
Budget (50% of
Total)
YTD Revenues
Percentage of
Annual Budget
Difference from
50%
Comments/ Notes
114031 Taxes
$25,209,922
$12,604,961
$23,315,542
92.5%
$10,710,581
The county budgets ad valorem taxes @ 95% collection.
Most are paid by Nov. to receive the 4% discount
114033 Intergovernmental
$74,434
$37,217
$66,433
89.3%
$29,216
Grant paid on advance basis
114034 Charges For Services
$5,174,951
$2,587,476
$3,083,976
59.6%
$496,500
Permit, Inspection, and ALS revenues higher than
anticipated
_
114035 Judgments,Fines & Forfeits
$11,400
$5,700
$2,300
20.2%
($3,400)
False Fire Alarm revenues down slightly
114037 Interest
$30,000
$15,000
$28,137
93.8%
$13,137
Interest higher than anticipated
114037 Interest Mark to Market Adjustment
$0
$0
$3,993
N/A
$3,993
Non -Cash entry required by GASB made quarterly
114038 Miscellaneous
$37,820
$18,910
$32,380
85.6%
$13,470
Surplus Sales higher than anticipated
114039 Other Sources
$6,133,433
$3,066,717
$0
0.0%
($3,066,717)
Cash forward reserves budgeted, but not actual
Grand Total
$36,671,961
$18,335,980
$26,532,761
72.4%
$8,196,781
Grand Total - All Taxing funds $159,223,126 $79,611,563 $106,889,957 67.1% $27,278,393
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: May 2, 2016
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administrator
Michael Smykowski, Budget Director
FROM: Jennifer Hyde, Purchasing Manage
SUBJECT: Declaration of 16th Street Ballfields as Surplus and Authorization for
Disposal
BACKGROUND
Public Discussion Items were brought before the Board on January 12, 2016 and February 2,
2016 regarding the condition and value of the County -owned baseball facility located at 1900
16th Street. On February 16, 2016, the Board approved an agreement to terminate the existing
lease, effective June 1, 2016. The Recreation Division has no plans to utilize the facility after
that date.
EVALUATION
Staff believes it is in the County's best interest to declare the facility as surplus and dispose of it.
The County Administrator sent an initial letter to Dr. Mark Rendell, School Superintendent,
dated January 18, 2016 requesting whether the School District had any interest in leasing,
purchasing, or exchanging other property for the 16th Street Ballfields. (See Attachment 1). No
response was received to this letter.
The Assistant County Administrator sent two separate e-mails to the School District Director of
Facilities in April 2016 in an effort to ascertain the School District's interest in acquiring the 16th
Street Ballfield Complex property.
Pursuant to Board direction on April 12, 2016 to dispose of the property, the County
Administrator sent another letter (dated April 20, 2106) to the School Superintendent
addressing a number of issues, including the Board of County Commissioners' policy direction
to proceed with selling the 16th Street Ballfield Complex. It was further noted that staff was in
the process of preparing a request for bids on this site. (See Attachment 2). No response was
received to this letter.
Finally, the County Administrator sent a final letter dated May 4, 2016 to the School
Superintendent requesting a written response by close of business on Monday May 9, 2016 to
100
address whether the School District had any interest in the 16th Street Ballfield Complex
property. (See Attachment 3).
LAND USE DESIGNATION AND ZONING
County Planning staff reviewed and confirmed the land use designations and zoning of the 161h
Street Ballfield Complex property (approximately 11.76 acres) with City of Vero Beach Planning
staff.
The Land Use classification is Governmental/Institutional/Public Use. Governmental facilities
include administrative buildings, cultural facilities operations, and correctional institutions.
Also included are public and private educational facilities, hospitals, and transportation
terminals, including small-scale recreational facilities compatible with and subordinate to an
existing governmental utility.
Zoning is R-1 and permitted uses include single-family residential, community gardens, and
accessory structures and facilities. (Land use designations, permitted uses, aerial map, and land
use/zoning maps are included in Attachment 4).
FUNDING
Advertising expenses associated with a sealed bid sale, estimated at $300.00 will be made
available in General Fund Account 00121613-034910, Purchasing Legal Ads.
RECOMMENDATION
Staff recommends the Board designate parcel 33390200000700000001.3 as surplus to the
County's needs and direct its disposal by sealed bid sale. Bids would not be accepted prior to
the termination of the existing lease, and the high bid will be presented to the Board for award
and ratification.
APPROVED AGENDA ITEM
BY: � ALJ
�Josphk Baird, County Administrator
FOR: May 10, 2016
Indian River Co
F1' ilp
Mid "!A1l_r�
101
Attachment
Page 1 of 3
BOARD OF COUNTY COMMISSIONERS
January 18; 2016
Dr. Mark Rendell, Superintendent
Indian River County School Board
6500 571h Street
Vero Beach, FI 32967
Dear Dr. Rendell:
At the Board of County Commission Meeting of January 12`h, 2016, the Boarddiscussed the 16`h
Street Sports Complex located at 1900 16`' Street, directly across from the Vero Beach High
School. During this discussion, the Board directed me to contact vou.
This is an 11.76 acre parcel with three ballfields. In the past, we have had a "gentlemen's"
agreement that the School Board could use this property for parking during football games and
other special events. Prior to negotiating a new Lease with an outside group, the Board wanted to
determine if the School District had any interest in leasing, purchasing, or exchanging other
property for these facilities.
1 would be glad to discuss this with ,you further. Feel free to contact me at 772 -?26-1408 if you
would like to meet or if You would like additional information.
Sincerely,
Joseph A. Baird
County Administrator
OFFICE OF THE CO UNTYADMINISTRA TOR
INDIAN RIVER COUNTY
1801 27`h Street, Vero Beach, FI 32960-3388
PHONE.,: 772-2264408 _ FAX: 772-978-1822
102
Indian River County, Florida Property Appraiser's office: , ASA.CFA
Parcel - 33390200000700000001.3
GENERAL.PARCEL INFORMATION
Owner INDIAN RIVER. COUNTY,
Property Address 1900 16TH ST
VERO BEACH,. FL 32960
Mailing Address, 1801 27TH ST
VERO BEACH, FL 32960
Legal Description
LAND
Rec Land Use Zoning Acres Units Unit Type Front Depth Adj. Code
001 89A - MUNICIPAL NOT R-1 11:76 11 76 A -ACRE 0 0 NA
Page 1 - Run at: 1/18/2016
ASSESSMENT HISTORY
FROM SW COR OF SE1/4 RUN N 80 FT TO N
R/W OF 16TH ST & POB, TH E 943.19 FT TO W RIWOF 17
Property Use
8600 - COUNTY FORECLOSED/OWNED
TaxCode
8 (City of Vero Beach)
Neighborhood
990167.00 - 27TH AVE E/HIGH SCH �M&B
Appraisal Date
1/17/2012
LAND
Rec Land Use Zoning Acres Units Unit Type Front Depth Adj. Code
001 89A - MUNICIPAL NOT R-1 11:76 11 76 A -ACRE 0 0 NA
Page 1 - Run at: 1/18/2016
ASSESSMENT HISTORY
Year
PUse
VBy
Land JV
Bldg Val
Misc Val
CAMA Val
Taxes
2015
8600
C
$299,880
$12,900
$200,210
$512,990
$56.88
.2014
8600
C
$282,240
$11,900
$170,550
$464,690
$34.05
2013
8600
C
$268,130
$11,900
$175,170
$455,200
$30.44
2012
8600
C
$268,130
$12,600
$179,780
$460,510
$29.39
SALES
BUILDING PERMIT SUMMARY
Number Type
Issue Date Comp. Date
20,110702 DEML - DEMOLITION
20050520 HMI4 - HURRICANE
5/19/2005
98120488 FC - FENCE OTHER
12/14/1998
96080390 ALTS -
10/16/1996
b >
d rt
lQ rt
MISCELLANEOUS IMPROVEMENTS
m w
Rec..No.
Bldg. No.
Misc Code
No. Units
Yr. Bit
Dep
N n
005
000
CLF6 - CHAIN LINK FENCE. 6'
3450
1982
61
a
004
000
UT2 . UTILITY. DETACHED
800
1998
80:4
O lU
rh ::3
003
000
UT2 - UTILITY. DETACHED
800
'1998
80.4
r'
002
000.
AALTHPS - COMM LIGHT H P
125
1982
68
w
001
000
AALTAMBK - COMM LIGHT POLE
936
1982
68
.. , Jt' I' 1.f 1' . , W !c,i t :(. ., " " • ❑i, i>I' .1 .I , ,
W
Indian River County, Florida Property Appraiser's office: , ASA CFA
Parcel - 33390200000700000001.3
COMMERCIAL record 001
Building Use
USHED -
Eff Year
1.982
Actual Use
USHED -
Sprinkler Type
NA
Class
C
Sprinkler Area
0000000000
Grade
001.00
Sprinkler %
000
Eff Year
1982
Dry Chem Code.
NA
Bldg Quality
AV
Dry Chem Units
00000
Exterior 1
CB - CONCRETE BLOCK(100)
Stories
01
Exterior 2 (°6)
NA - NOT APPLICABLE(000)
Height
08
Roof Type Code
FLT - FLAT
Group
COM
Roof Code 1 (%)
BUILT - BUILT-UP, ROCK (100)
Perimiter
0056
Roof Code 2 (°'°)
NA - NOT APPLICABLE (000)
Condition
AV
Frame
MS - MASONRY
Year Built
1962
Type
NA
Special Rate
.0000.00
Units
0000
Lump Sum Code 1 (%)
NONE(00000)
Floor Type
CS
Lump Sum Code 2 (q°}
NONE(00000)
Floor Cover
NO - NONE
Lump Sum Code 3 (%)
NONE(00000)
Ceiling
NO - NO CEILING
Depr Table
93
Plumbing
000
Pct Cond
076
HVAC 1 (%)
NA(100)
Func Util
100
HVAC Up (%)
NA(000)
COMMERCIAL record 002
Building Use
BATHR -
Eff Year-
1962
Actual Use
BATHR -
Sprinkler Type
NA
Class
C
Sprinkler Area
0000000000
Grade
001.00
Sprinkler %
000
Eff Year
1962
Dry Chem Code
NA
Bldg Quality
AV
DryChem Units
00000
Exterfor•t (%}
STC - STUCCO(100)
Stories
01
Exterior 2 (%)
NA - NOT APPLICABLE(000)
Height
10
Roof.Type Code
HIP - HIP
Group
COM
Roof Code 1 (GQMPS - COMPOSITION, SHINGLE (100)
Perimiter
.0054
Roof Code 2 (%)
NA - NOT APPLICABLE (000)
Condition
AV
Frame
MS -MASONRY
Year Built
1962
Type
NA
Special Rate
0000.00
Units
0000
Lump Sum Code 1 (°h)
NONE(00000)
Floor Type
CS
Lump Sum Code 2 (%)
NONE(00000)
Floor Cover
NO - NONE
Lump Sum Code 3 (%)
NONE(00000)
Ceiling
DRY - DRYWALL
Depr Table
93
Plumbing
000
Pct Cond
032
HVAC 1 (%)
NONE(100)
Func.Util
100
HVAC Up (%)
NA(000)
r�
A
Page 2 - Run at: 1/18/2016
A to)
10 - 10 -
12 12,12 12 12 - -j -12,
10• 10" --10
Scale: _, 5ft
A US"EDi
160 sgft
Scale: 5ft
BATHR
120 sgft
BATHR,
120 sgFt
BATHR
120 sgft
Ili >
a rt
LLQ rt
(D LL
0
O (D
rh �
rt
w
Attachment
Page 1 of,
BOARD OF COUNTY COMMISSIONERS
OFFICE OF THE COUNTY ADMINISTRATOR
180127th Street, Vero Beach, Florida 32960
Telephone. 772-226-1408
April 20, 2016
Dr. Mark L. Rendell
Superintendent
School District of Indian River County
650057 1h Street
Vero Beach, FL 32967
FAX. 772-978-1822
Subject: School District Construction Issues
1. Citrus Elementary School Expansion
2. Chilled Water Pipes Within County Road Right -Of -Ways
Dear Dr: Rendell,
Recently I wrote about the referenced issues currently under discussion between
School District and County staff members. To date, I have not. heard anything that
would indicate we are nearing any resolution on these issues. Please provide me with
a time line of the process you intend to take to resolve these issues. I would also
appreciate clarification of the District's position on these matters.
On another matter, I wanted to let you know that the Board of County Commission has
instructed me to proceed with selling the 1.6'h Street Ballfield Complex. Staff is in the
process of preparing a request for bids on this site.
If you have any questions or would like to discuss these matters further, please contact
me at (772) 226-1408.
Sincerely,
Jose ' i4. Baird
County Administrator
JAB/dr
cc: Christopher R. Mora, P.E. — Public Works Director
Stan Boling — Community Development Director
Rich Szpyrka, P.E. — Assistant Public Works Director
Kimberly Graham, P.E. — County Traffic Engineer
105
Attachment
Page 1 of
BOARD OF COUNTY COMMISSIONERS
OFFICE OF THE COUNTY ADMINIS TRA TOR
Telephone: 772-226-1408
May 4, 2016
180127th Street, Vero Beach, Florida 32960
Dr. Mark L. Rendell
Superintendent
School District of Indian River County
6500 57th Street
Vero Beach, FL 32967
Subject: 16' Street Ballfields
Dear Dr. Rendell:
FAX. 772-978-1822
Please be advised that at its regular meeting of April 12, 2016, the Board discussed the
disposition of the 16"' Street Ballfields Complex. The Board directed staff to offer the
16th Street Ballfield Complex for sale and utilize the proceeds to make improvements to
other County recreational facilities. The general consensus of the Board was to sell the
property outright, and that they no longer had an interest in a property trade.
At the Board of County Commission meeting of May 10th, staff will be requesting the
Board officially declare the 16th Street Ballfields property as surplus, and authorize
disposal by sealed bid sale. If I do not hear differently from you prior to the May 10th
meeting, I will advise the Commission that the School District does not have an interest
in purchasing the property.
If you would like to discuss this, please feel free to contact me at (772) 226-1408.
Sincerely,
,'JJosepfi A. Baird
County Administrator
JAB/dr
CC: Board of County Commission
Jason Brown
Michael Zito
Scott Sanders
[PZol
Supplement 8; Adopted November 13, 2012; Ordinance #12-14
Table 1.8. Land Use Classifications (Continued)
Land Use
Classification Appropriate Uses
Proper Location
Attachment
Page 1 of 5
Industrial Manufacturing, repair, Areas adjacent to major transportation -
storage, processing and facilities such as arterial streets or railroads;
related activities buffered from residential neighborhoods; located
with consideration to prevailing winds, set back
from major wetlands and drainage corridors.
Government/ Governmental facilities include -
Institutional/ ing administrative buildings,
Public Use
cultural facilities operations and
service facilities, and correctional
institutions. Also, public and
private educational facilities,
hospitals, and transportation
terminals, including small-scale
recreational activities compatible
with and subordinate to an existing
governmental utility.
Mixed Use
A compatible mixture of resi-
dential, supporting commercial
and office uses.
Conservation
Open space, environmentally
sensitive areas.
Parks
Park and open spaces.
Environmentally
Single family residential
Significant
0.5 units/ac. on the mainland
and 0.2 units/ac. on islands
Mobile Home Park Mobile homes
Mixed Residential Single and multiple family
residential including mobile
homes and modular homes,
5-12 du/ac density
Source: RS&H, 1990.
1-25
Areas in locations where necessary for
efficient public service and where potentially
adverse effects on adjacent residential neigh-
borhoods can be minimized.
Areas near arterial or collector streets with
adequate public facilities, existing mixed use
central locations.
Park areas should be near appropriate service and
access. Conservation areas will be on the coast
and in water recharge areas.
Central to neighborhoods. Near access corridors
and service. Near appropriate resources.
Islands, riverfront, environmentally sensitive,
and lands adjacent to environmentally sensitive.
Areas near commercial uses and adjacent to
other types of residential uses.
Residential areas where a mixture of housing
types, including mobile homes, would not
create a detrimental impact on an established
residential neighborhood. Areas which are
deteriorating or which have a substantial amount
of substandard housing. Adequate public utilities
shall be available.
107
Attachment 4
Page 2 of 5
§ 61.02 VERO BEACH CODE
Sec. 61.02. Permitted uses.
R -MAA R -IAA R -.LA R-1
Single-family residential structures ............... X* X X X
Community gardens** ........................... X X X
Accessory structures and facilities ................ X* X X X
*Section 61.05(f), "Specific Provisions Regulating Conditional Uses," applies to all develop-
ment in this district.
**Section 64.14, "Community Gardens," special use permitting requirements and standards
apply to this use.
(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-80, § 1, 12-194989; Ord. No. 2013-25, § 4,
12-3-2013)
Sec. 61.03. Conditional uses.
R-IAAA
R -IAA
R -1A
R-1
Educational institutions .........................
X
X
X
Golf courses and country clubs ................... X
X
X
X
Places of worship ................................
Public parks and recreation areas ................ X
X
X
X
X
X
X (\
Public and private utilities ....................... X
X
X
X
Cultural activities ................................
X
X
Day care services ................................
X
(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord.
No. 89-80, § 1, 12-19-1989;
Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 97-12, § 2, 5-6-1997; Ord.
No. 99-03,
§ 2, 3-2-1999)
Sec. 61.04. Provisions regulating all conditional uses.
A conditional use may be permitted by the city planning and zoning board, provided the use
is so designed, located, and proposed to be operated so that the public health, safety, and
welfare are protected. Conditional uses will be considered on a case-by-case basis. Findings
made in consideration of a conditional use are not justification for approval of other conditional
uses. Neighborhood stability and impact on abutting properties shall be of prime importance
in consideration of conditional use approval. Indicators of an unacceptable conditional use
include the noise, traffic, and scale of a proposed use in relation to nearby uses. In addition to
all. criteria in the Code of Ordinances, the following criteria shall be considered in decision
making relative to approval or denial of a conditional use:
(1) If in the judgment of the planning and zoning board, based on evidence presented, the
proposed use will create noise, traffic, odor or other nuisances to a degree that it will
be disruptive to abutting or nearby properties, the conditional use shall not be
approved.
Supp. No. 28
LDR61:4
108
71
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Attachment 4
Laud Use Designation
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--
Attachment 4
Zoning
/a F1 -
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Joseph A. Baird,
County Administrator
THROUGH: Christopher R. Mora, P.E. clll�
Public Works Director .
THROUGH: Richard B. Szpyrka, P.E.,
Assistant Public Works Director
FROM: James D. Gray, Jr.J�6
Coastal Engineer
SUBJECT: Outer Continental Shelf Marine Sand, Gravel, and Shell
Resources Regulation; Identifier Number (RIN) 1010-AD90;
BOEM Proposed Rule 30 CFR 583
DATE: May 2, 2016
BACKGROUND
Indian River County has adopted a Beach Preservation Plan (BPP) to provide long term
management strategies along the County's 22.4 miles of Atlantic shoreline, of which 15.7
miles are listed as critically eroded by the Florida Department of Environmental
Protection (FDEP).
The County's beach management efforts (Beach Restoration Projects) over the last
decade have been successful at offsetting the historic erosion along its critically eroding
beaches due to the availability of beach compatible sand from upland and offshore
borrow sources.
Relative to offshore sand, the County has identified 3 borrow sources (North, Central, and
South) that contain a combined volume of approximately 8 million cubic yards of beach
compatible sand. Use of the identified offshore sand resources, in full or in part, will be
required in order for the County to continue its beach management efforts for the next
30-50 years. All offshore borrow sources are located within State waters (within 3
nautical miles from the shoreline) except for the Central borrow source, about 3 million
cubic yards (approximately 40%) of total available beach compatible sand.
F•\Public WorksVamesG\Sand Wars\BOEM -- Federal Register\BOEM Proposed Rule - Federal Register dated March 22 2016 -- IRC
Coastal Comments -- Agenda Item 5-10-16\130EM Proposed Rule - IRC Coastal Comments -- Agenda Item 5-10-16.docx
112
Page 2
Comments on the proposed BOEM rule
May 2, 2016
DESCRIPTION AND CONDITIONS
The purpose of this agenda item is to make the Board aware that on March 22, 2016 the
U.S. Department of Interior, Bureau of Ocean Energy Management (BOEM), placed a
notice in the Federal Registrar announcing its intention to adopt a rule relative to use of
Outer Continental Shelf (OCS) sand, gravel, and shell resources for shore protection
projects which are authorized by or funded in whole or in part by the Federal government.
The public comment period on the proposed rule is until May 23, 2016.
The proposed rule appears to be codifying the uncodified guidelines and procedures
currently being used by BOEM for sediments located within Federal waters (3 nautical
miles or more). Use of Federal sediments under this proposed ruling will require a BOEM
negotiated noncompetitive lease agreement.
Since the County has offshore materials that may be affected in the future by the
proposed BOEM rule changes, staff has developed several comments for the Board's
consideration. All staff comments are attached to this agenda item. For the purpose of
discussion staff comments are divided into the following categories and summarized
below:
1. Regulation of Borrow Area Sediments
It appears that the proposed rules only apply to projects that are funded in whole
or part by the Federal government. Given the proposed rule describes the
negotiated noncompetitive lease agreement process for qualifying projects
(Federal) and codifies new and existing procedures, it is unclear how this will affect
Local and State projects not partnered Federally.
2. Sediment Quantity and Quality
Although this may be stipulated in the language of each individual negotiated
noncompetitive lease agreement, the proposed rules lack discussion on borrow
sediment use, quantity, and quality.
3. Previously issued BOEM Negotiated Noncompetitive Lease Agreements
The proposed rule states: over the last two decades, BOEM has issued nearly 50
leases or Memorandum of Agreements with 22 parties, of which 5 were small
public entities. Four out of the five small public entities received significant
Federal cost -shares to conduct beach nourishment projects.
a. Where are these leases located?
b. Are these documents available?
c. Were there any legal challenges?
F•\Public WorksUamesG\Sand Wars\BOEM -- Federal Register\BOEM Proposed Rule - Federal Register dated March 22 2016 — IRC
Coastal Comments -- Agenda Item 5-10-16\130EM Proposed Rule - IRC Coastal Comments -- Agenda Item 5-10-16.docx
113
Page 3
Comments on the proposed BOEM rule
May 2, 2016
Additionally, on April 18, 2016 staff discussed the comments with the Beach and Shore
Preservation Advisory Committee (Beach Committee) where they received unanimous
approval.
FUNDING
This matter does not require expenditure of County funds.
RECOMMENDATION
Staff recommends the Board approve staff comments on the proposed BOEM rule
changes and authorize the Chairman to sign the attached DRAFT letter and attached staff
comments for transmittal to BOEM.
ATTACHMENTS
1. April 6, 2016 staff comments on proposed BOEM rule
2. DRAFT Letter to the U.S. Department of Interior, Bureau of Ocean Energy
Management
APPROVED AGENDA ITEM
F•\Public WorksUamesG\Sand Wars\BOEM -- Federal Register\BOEM Proposed Rule - Federal Register dated March 22 2016 — IRC
Coastal Comments -- Agenda Item 5-10-16\BOEM Proposed Rule - IRC Coastal Comments -- Agenda Item 5-10-16.docx
114
Approved
Indian River County
Date
Administration14
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F•\Public WorksUamesG\Sand Wars\BOEM -- Federal Register\BOEM Proposed Rule - Federal Register dated March 22 2016 — IRC
Coastal Comments -- Agenda Item 5-10-16\BOEM Proposed Rule - IRC Coastal Comments -- Agenda Item 5-10-16.docx
114
Proposed BOEM Rules — Negotiated Noncompetitive Leasing for the Use of Sand, Gravel, and
Shell Resources on the Outer Continental Shelf (Federal Register/Vol. 81, No 55 — March 22,
2016) — Identifier Number (RIN) 1010-AD90; BOEM Proposed Rule 30 CFR 583
Staff Comments — Indian River County Coastal Engineering Division (4-6-16)
1. REGULATION OF BORROW AREA SEDIMENTS
It appears that the proposed rules only apply to projects that are funded in whole or part by the
Federal Government. Given the proposed rule describes the negotiated noncompetitive lease
agreement process for qualifying projects (Federal) and codifies new and existing procedures, it
is unclear how this will affect Local and State projects not partnered Federally.
o Does BOEM's negotiated noncompetitive lease agreement take precedent over a
local entity that has identified the same specific offshore borrow source, sediment
quality, location, and sediment volume for its beach fill project?
o Can borrow material be reserved under the BOEM negotiated noncompetitive
lease agreement given Beach project permitting can take up to 2 years to
complete.
o How will projects be prioritized? First entity permitting use of the borrow
material?
o Under the current Local Government Funding Request Process with the State
additional project ranking points (Regionalization) are awarded to two or more
local governments working together on their Beach projects in an effort to reduce
mobilization and other project costs. How does BOEM's negotiated
noncompetitive lease agreement factor in on this process if two non -Federal
projects identify borrow sources that a Federal project also identifies? Again the
question is, which project will be the priority?
2. SEDIMENT QUANTITY AND QUALITY
Although this may be stipulated in the language of each individual negotiated noncompetitive
lease agreement, the proposed rules lack discussion on borrow sediment use, quantity, and
quality.
o What happens when a Local government funds borrow area sediment studies at
their own expense or though partnership with the State; Will these funds be
reimbursed if a separate party removes the qualified borrow materials?
o What happens when borrow sediment materials, specifically identified for a local
project, are designed for use due to material accessibility, quality, and quantity
become removed by another entity; thereby increasing the mining costs to the
affected local project/entity?
11 Page
115
Proposed BOEM Rules — Negotiated Noncompetitive Leasing for the Use of Sand, Gravel, and
Shell Resources on the Outer Continental Shelf (Federal Register/Vol. 81, No 55 — March 22,
2016) — Identifier Number (RIN)1010-AD90; BOEM Proposed Rule 30 CFR 583
3. PREVIOUSLY ISSUED BOEM NEGOTIATED NONCOMPETITIVE LEASE AGREEMENTS
The proposed rules state: Over the last two decades, BOEM has issued nearly 50 leases or MOAs
with 22 parties, of which 5 were small public entities. Four out of the five small public entities
received significant Federal cost -shares to conduct beach nourishment projects.
o Where are these leases located?
o Are these documents available?
o Were there any legal challenges?
21 Page
116
15190 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
and Human Services (HHS),' or (3) on
the petition of any interested party. 21
U.S.C. 811(a). This proposed action (80
FR 27611, May 14, 2015) is supported
by a recommendation from the Assistant
Secretary of the HHS and an evaluation
of all other relevant data by the DEA. If
finalized, this action would impose the
regulatory controls and administrative,
civil, and criminal sanctions of schedule
I controlled substances on any person
who handles, or proposes to handle,
UR -144, XLRI1, or AKB48.
Background
UR -144, XLRll, and AKB48 are
currently subject to schedule I controls
on a temporary basis, pursuant to 21
U.S.C. 811(h). 80 FR 27854, May 15,
2015. On May 14, 2015, the
Administrator of the DEA published a
notice of proposed rulemaking (NPRM)
to permanently schedule (1-pentyl-lH-
indol-3-yl)(2,2,3,3-
tetramethylcyclopropyl)methanone (UR -
144), (1-(5-fluoro-pentyl)-1H-indol-3-
yl)(2,2,3,3-
tetramethylcyclopropyl)methanone (5 -
fluoro -UR -144, XLRII), and N-0-
adamantyl)-1-pentyl-iH-indazole-3-
carboxamide (APINACA, AKB48) into
schedule I pursuant to the CSA. 80 FR
27611.
In the NPRM, the DEA inadvertently
proposed the addition of these
substances in schedule I under 21 CFR
1308.11(g), cannabimimetic agents, by
adding paragraphs (g)(16) through (18).
These substances should have been
proposed to be added in schedule I
under 21 CFR 1308.11(d),
hallucinogenic substances. This
rulemaking therefore corrects the NPRM
by proposing the placement of these
substances in 21 CFR 1308.11(d) by
adding paragraphs (d)(48) through (50).
Because the DEA is proposing to classify
these substances as schedule I
hallucinogenic substances, then by
operation of 21 U.S.C. 802(14), this
classification will include any optical,
positional, or geometric isomers.
Interested persons may file written
comments on this change in accordance
with 21 CFR 1308.43(8). The DEA is
requesting comments on this change
only and is not soliciting comments on
other aspects of the May 14, 2015,
NPRM. The DEA previously had
provided an opportunity for comments
on other aspects of the NPRM on May
14, 2015, through June 15, 2015.
Regulatory Analyses
This correction has no effect on the
regulatory analyses statements that were
published with the notice of proposed
rulemaking published in the Federal
Register on May 14, 2015, at 80 FR
27611.
Correction
In proposed rule FR Doc. 2015-11762,
beginning on page 27611 in the issue of
May 14, 2015, make the following
corrections.
■ 1. On page 27616 in the 3rd column,
correct amendatory instruction 2.a. to
read as follows: "Adding paragraphs
(d)(65) through (67); and".
■ 2. On page 27616 in the 3rd column,
correct § 1308.11 Schedule I regulatory
text to read as follows:
§1308.11 Schedule 1.
(d) • k f
(65) (1-pentyl-lH-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144)................................................................... (7144)
(66) (1-(5-fluoro-pentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) methanone (5 -fluoro -UR -144, XLR1i) ........................ (7011)
(67) N41-adamantyl)-1-pentyl-lH-indazole-3-carboxamide (APINACA, AKB48) ...................................................................... (7048)
Dated: March 16, 2016.
Chuck Rosenberg,
Acting Administrator.
(FR Doc. 2016-06474 Filed 3-21-16; 8:45 aml
1311 -LING CODE 4410-0Y
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Part 583
RIN 1010—AD90
[Docket 10: BOEM-2010-00411
Negotiated Noncompetitive Leasing for
the Use of Sand, Gravel, and Shell
Resources on the Outer Continental
Shelf
AGENCY: Bureau of Ocean Energy
Management, Interior.
ACTIDN: Proposed rule.
SUMMARY: This rule proposes regulations
to address the use of Outer Continental
Shelf (OCS) sand, gravel and shell
resources for. shore protection, beach
restoration, or coastal wetlands
restoration projects by Federal, State, or
local government agencies, or use in
construction projects authorized by or
funded in whole or in part by the
Federal Government. The proposed rule
describes the negotiated noncompetitive
agreement process for qualifying
projects and codifies new and existing
procedures.
DATES: Submit comments by May 23,
2016. The Bureau of Ocean Energy
Management (BOEM) may not fully
consider comments received after this
date. Submit comments to the Office of
Management and Budget (OMB) on the
information collection (IC) burden in
this proposed rule by April 21, 2016.
This does not affect the deadline for the
public to comment to BOEM on the
proposed regulation.
ADDRESSES: You may submit comments
on the rulemaking by any of the
following methods. Please use the
Regulation Identifier Number (RIN)
1010—AD90.as an identifier in your
comment. Please reference "Outer
Continental Shelf Marine Sand, Gravel
and Shell Resources, 1010—AD90" in
your comments and include your name
and return address.
• Federal eRulemaking Portal: http://
www.regulations.gov. Under the tab
"More Search Options," click
"Advanced Docket Search," then select
"Bureau of Ocean Energy Management"
from the agency drop-down menu, then
click the submit button. In the Docket ID
column, select BOEM-2010-0041 to
submit public comments and to view
supporting and related materials
available for this rulemaking.
Information on using Regulations.gov,
including instructions for accessing
documents, submitting comments, and
viewing the docket after the close of the
comment period, is available.through
the site's "User Tips" link..BOEM will
post comments on www.regulatiozis.gov.
• Mail or hand -carry comments to the
U.S. Department of the Interior; Bureau
of Ocean Energy Management; Attn:
Office of Policy, Regulation and
Analysis, 45600 Woodland Road, VAM—
BOEM DIR, Sterling, Virginia 20166.
• Send comments on the IC in this
proposed rule to: Interior Desk.Officar
1010—AD90, Office of Management and
Budget; 202-395-5806 (fax); email:
3 As discussed in a memorandum of within the HHS in carrying out the Secretary's Assistant Secretary for Health of the HHS the
understanding entered into by the Food and Drug scheduling responsibilities under the CSA, with the authority to make domestic drug scheduling
Administration (FDA) and the National Institute on concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. recommendations. 56 FR 35460, July 1, 1993.
Drug Abuse (NIDA), the FDA acts as the lead agency The Secretary of the HHS has delegated to the
117
Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules 15191
01RA_Submission@omb.eop.gov. Please
also send a copy to BOEM, Office of
Policy, Regulation and Analysis at
45600 Woodland Road, Sterling, VA
20166.
Public Availability of Comments:
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
FOR FURTHER INFORMATION CONTACT: For
comments or questions, contact Loren
Thompson, Office of Policy, Regulation
and Analysis, at Loren. Thompson®
boem.gov, or at (202) 208-5890. To see
a copy of the IC request submitted to
OMB, go to http://www.reginfo.gov
(select Information Collection Review,
Currently Under Review). You may also
obtain a copy of the supporting
statement for the new collection of
information by contacting BOEM, Office
of Policy, Regulation and Analysis at
45600 Woodland Rd., Sterling, VA
20166.
SUPPLEMENTARY INFORMATION
Table of Contents
I. Background
A. Program Description
B. Program History
Il. Section -by -Section Analysis of the
Proposed Rule
A. Subpart A—General
B. Subpart B—Reserved
C. Subpart C—Outer Continental Shelf
Sand, Gravel and Shell Resources
Negotiated Agreements
111. Legal and Regulatory Analysis
A. Procedural Matters
B. List of Subjects
I. Background
Congress amended the Outer
Continental Shelf Lands Act, 43 U.S.C.
1331-1356 (OCSLA, or the Act), in 1994
to authorize the Secretary of the Interior
to negotiate noncompetitive agreements
with any person for the use of OCS
sand, gravel and shell resources in a
program of or project for shore
protection, beach restoration, or coastal
wetlands restoration undertaken by a
Federal, State or local government
agency, or in a construction project
either authorized or funded in whole or
in part by the Federal Government. See
43 U.S.C. 1337(k)(2). The Secretary may
assess a fee based on an assessment of
the value of the resources and the public
interest served by promoting
development of the resources. No fee
shall be assessed directly or indirectly
against a Federal, State, or local
government agency. See 43 U.S.C.
1337(k)(2)(B).
A. Program Description
Generally, shore protection and beach
and coastal wetlands restoration
projects are initiated to rebuild eroding
shoreline segments, such as beaches and
dunes, barrier islands, and wetlands. In
sensitive wetland areas, these projects
are intended to forestall further erosion,
restore habitat and/or to provide
protection from hurricanes, storms, and
coastal erosion. These projects are
typically accomplished by placing sand
directly on the beach, in open water
areas that are the former location of an
eroded beach, and/or within breaches in
the shoreline that compromise integrity
of the beach or barrier island system to
form, and subsequently maintain, a
beach. Material may also be placed
updrift from the beach, allowing
longshore processes to redistribute the
sand, gravel and shell resources along
the beach.
The Act authorizes BOEM to enter
into a negotiated agreement when the
use of OCS sand, gravel and shell
resources is authorized for qualifying
projects. This negotiated agreement will
take the form of a lease or a
Memorandum of Agreement (MOA),
depending on the identity of the
applicant(s) requesting use of OCS sand,
gravel and shell resources. If a non -
Federal entity requests the use of OCS
sand, gravel and shell resources, the
negotiated agreement required by the
Act would generally take the form of a
lease. If a Federal agency requests the
use of OCS sand, gravel and shell
resources, BOEM and the Federal
agency, as well as their Federal, State or
local government agency counterparts
on the project, would enter into a MOA.
For example, when a Federal agency
partially or wholly funds a non -Federal
entity to conduct a project that is
otherwise eligible for OCS sand, gravel
and shell resources, the negotiated
agreement may take the form of a three -
party MOA. As warranted, the Federal
applicant(s) and BOEM would designate
a lead agency and enter into a
cooperating agency agreement for the
environmental analysis and review.
Likewise, if a non -Federal applicant is
involved, BOEM would ensure that
appropriate environmental analysis and
review is completed. The negotiated
agreement in each of these situations
would describe the project and
procedures that would be followed and
identify environmental and
administrative requirements that must
be met.
B. Program History
BOEM and its predecessor agencies,
the Minerals Management Service and
the Bureau of Ocean Energy
Management, Regulation and
Enforcement, through the Marine
Minerals Program, have been exercising
statutory authority regarding OCS sand,
gravel and shell resources under the Act
pursuant to written guidelines, without
the benefit of implementing regulations.
Nearly fifty agreements have been
negotiated, providing for the use of
more than 100 million cubic yards of
OCS sand, gravel and shell resources for
shore protection, beach restoration, or
coastal wetlands restoration undertaken
by a Federal, State or local government
agency, and for Federally authorized or
funded construction projects. BOEM
believes that the promulgation of
regulations at this time is advisable in
order to provide additional clarity and
certainty and to help ensure continuity
of the Marine Minerals Program.
II. Section by Section Analysis of the
Proposed Rule
Subpart A—General
Section 583.100 Whot is BOEM's
authority for information collection (IQ?
This section would explain BOEM's
authority for IC activities related to this
proposed part 583. It would explain the
reasons the information is being
collected and establish the OMB
approval of the collection.
Section 583.101 What is the purpose of
this rule and to whom does it apply?
This section would explain that the
purpose of this proposed rule is to
refine and formally adopt procedures for
entering into negotiated noncompetitive
agreements for the use of OCS sand,
gravel and shell resources for shore
protection, beach or wetlands
restoration by a Federal, State or local
government agency or for construction
projects authorized or funded; in whole
or in part; by the Federal Government.
This section would explain that the rule
would apply exclusively to negotiated
noncompetitive use of sand, gravel and
shell resources in the OCS and would
not apply to competitive leasing of
minerals, including oil, gas, sulphur,
geopressured-geothermal and associated
resources, and all other minerals which
are authorized by an Act of Congress to
be produced from "public lands" as
defined in section 103 of the Federal
Land Policy and Management Act of
1976, as amended (FLPMA). (43 U.S.C.
1701 et seq.)
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15192 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
Section 583.102 What is BOEM's
authority for this rule?
This section would explain that in
proposing these regulations, BOEM is
operating under authority granted to the
Secretary of the Interior by the Act.
Section 583.103 What definitions do 1
need to know?
This section would define many of
the terms commonly used in the Marine
Minerals Program and now used in the
proposed regulation, including "borrow
area," "placement area," and "project."
This section would also define new
terms for purposes of this subpart,
including "Act," "agreement,"
"amendment," "BOEM," "Director,"
"Federal agency," "local government,"
"modification," "outer continental
shelf," "program," "Regional Director,"
and "Secretary."
Section 583.104 Who is qualified for a
project?
This section would explain who is
qualified to enter into an agreement
with BOEM for the use of OCS sand,
gravel, and shell resources, and would
explain the requirements to comply
with the relevant debarment regulations.
Section 583.105 How do I appeal an
unfavorable decision by BOEM?
This section would set out the kinds
of decisions that would be subject to
reconsideration or appeal, and the
process that would be utilized by an
unsuccessful applicant or adversely
affected party for resolution of such
reconsideration or appeal.
Section 583.106 What are the
minimum contents of an agreement to
use OCS sand, gravel and shell
resources?
This section would explain who
would be allowed to use OCS sand,
gravel and shell resources, and would
explain that use authorizations would
be in the form of agreements that are
negotiated on a case-by-case basis. It
would also explain that the agreements
would identify the location, type and
volume of OCS sand, gravel.and shell
resources allowed to be used under the
agreement. In addition, it would explain
that any authorizations to use sand,
gravel and shell resources would not be
exclusive.
Subpart B—Reserved
Subpart C—Outer Continental Shelf
Sand, Gravel and Shell Resources
Negotiated Agreements
Section 583.300 How do I submit a
request for on agreement?
This section would explain who may
submit a request to BOEM to obtain an
agreement for the use of OCS sand,
gravel, and shell resources. It would list
the information the request must
include, such as a detailed description
of the proposed project and how it
qualifies as a project eligible under the
Act to receive OCS sand, gravel and
shell resources pursuant to a negotiated
noncompetitive agreement, a
description of borrow and placement
areas; certain maps and data; a
description of the environmental
evaluations that have been completed or
are being prepared that cover the
project, including both onshore and
offshore components; a target date or
date range when the resources will be
needed; a description of the Federal,
State, or local agencies that are
undertaking the project and points of
contact; and a statement explaining who
authorized the project and how the
project will be funded.
Section 583.301 How will BOEM
determine if a project qualifies?
This section would lay out the factors
that BOEM would use to determine
whether a project qualifies for use of
sand, gravel and shell resources under
a negotiated noncompetitive agreement.
The section would enumerate the
evaluation criteria, including: The
project purpose; other uses of OCS sand,
gravel and shell resources authorized
from the same borrow area; the project
funding source(s) and amounts; the
proposed design and feasibility of the
project; any potential environmental
and safety risks associated with the
project; other Federal interests located
near or within the specified. borrow
area; comments received from
potentially affected governments; the
applicant's background and experience
working on similar projects or activities;
and whether the project is consistent
with applicable statutes and their
implementing regulations, which may
include, but are not limited to, the
Marine Mammal Protection Act
(MMPA) (16 U.S.C. 1361 et seq.), the
Marine Debris Research,. Prevention,
and Reduction Act (MDRPRA) (33
U.S.C. 1951 et seq.), the Marine Plastic
Pollution Research and Control Act
(MPPRCA) (33 U.S.C. 1901 et seq.), the
Federal Water Pollution Control Act
(FWPCA) (33 U.S.C. 1381 et seq.), and
the International Convention for the
Prevention of Pollution from Ships
(MARPOL), MARPOL-Annex V Treaty
Section 583.302 What process does
BOEM use to technically and
environmentally evaluate a qualified
project?
This section would explain the
process that BOEM would follow to
evaluate a project that qualifies for the
use of OCS sand, gravel and shell
resources to decide whether to enter
into a negotiated noncompetitive
agreement. It states that BOEM would
coordinate with relevant Federal
agencies, States, and local governments,
and potentially affected Federally
recognized Indian Tribes. It also
describes how BOEM would evaluate
the project and additional information
provided under §§ 583.300 and 583.301
to determine if the information is
sufficient to conduct necessary
technical and environmental reviews to
comply with the requirements of
applicable statutes and regulations,
which may include, but are but not
limited to, the National Environmental
Policy Act (NEPA) (42 U.S.C. 4321 et
seq.), the Endangered Species Act (ESA)
(16 U.S.C. 1531 et seq.), the MMPA (16
U.S.C. 1361 et seq.), the Magnuson -
Stevens Fishery Conservation and
Management Act (MSFCMA) (16'U.S.C.
1801 et seq.), the National Historic
Preservation Act (NHPA) (16 U.S.C. 470
et seq.), and the Coastal Zone
Management Act (CZMA) (16 U.S.C.
1451 et seq.). Finally, this section would
provide that BOEM would not enter into
a negotiated noncompetitive agreement
until the information requested for the
evaluation has been provided and
BOEM has evaluated it.
Section 583.303 What is the process
for negotiating and executing an
agreement?
This section would describe the steps
BOEM would take once it has
completed its technical, environmental
and other evaluations. This section
would provide further that, once BOEM
has completed its review of an
application, BOEM would decide
whether to enter into an agreement. This
section would provide further that
BOEM would negotiate the terms of the
agreement and prepare a draft
agreement for the applicant's review
and comment. The section would also
provide that, after BOEM considers the
applicant's comments and suggestions,
it would finalize the agreement for
signature. This section would provide
that, once the applicant signs the
agreement, BOEM would execute the
agreement and distribute it to the parties
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Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules 15193
to the agreement. Finally, this section
would describe the process BOEM
would use when an application is not
approved.
Section 583.304 What kinds of
information must be included in an
agreement?
This section would describe the
minimum information that an
agreement would be required to include,
such as an agreement number assigned
by BOEM; the purpose of, and
authorities for, the agreement;
designated and delineated borrow
area(s); the project description,
including the timeframe within which
the project is to be started and
completed; the terms and conditions of
the agreement, including any reporting
requirements; all obligations of the
parties; and the signatures of
appropriate individuals authorized to
bind the applicant and BOEM.
Section 583.305 What is the effective
date of an agreement?
This section would describe what
determines the effective date of the
agreement.
Section 583.306 How will BOEM
enforce the agreement?
This section would describe how
BOEM would enforce the terms of an
agreement and the consequences,
including termination, for failure to
comply with any applicable law or with
the agreement terms. This section would
also provide that the failure to comply
in a timely and satisfactory manner with
any provision, term or condition of the
agreement may delay or prevent
BOEM's approval of future requests for
use of OCS sand, gravel and shell
resources on the part of the parties to
the agreement.
Section 583.307 What is the term of
the,agreement?
This section would explain when an
agreement would terminate, either by a
specified date, when parties to the
agreement notify BOEM that sufficient
resources have been removed to
complete the project, or for other
reasons "specified in this section. This
section would also explain that, absent
extraordinary' circumstances, no
agreement would have an initial term
that is longer than five -years from its
effective date. Examples of
extraordinary circumstances where an
initial term longer than five years may
be appropriate would include a program
of multiple individual projects to be
carried out over multiple seasons or
where the Congressional authorization
for a project called for multiple phases.
It would be within BOEM's sole
discretion to determine when
extraordinary circumstances warrant an
initial term longer than five years. The
parties would have the option to request
an extension, modification or change to
the terms of the agreement, as set forth
in § 583.309.
Section 583. 308 What debarment or
suspension obligations apply to
transactions and contracts related to a
project?
This section would explain that the
applicant has the obligation to ensure
that all contracts and transactions
related to an agreement issued under
this part comply with the suspension
and debarment regulations at 2 CFR part
180 and 2 CFR part 1400.
Section 583.309 What is the process
for modifying the agreement?
This section would explain how an
applicant may seek to extend, modify or
change an agreement and would spell
out the time frames when this might be
accomplished. It would provide that
BOEM is under no obligation to extend,
modify or change an agreement and
cannot be held liable for the
consequences of the expiration of an
agreement. If BOEM approves a
modification, BOEM would prepare an
amendment to the agreement and
provide it for review by the parties to
the agreement prior to execution of the
amendment. Should BOEM deny the
request, BOEM would notify the parties
to the agreement and reconsideration
could be requested of the Director.
Section 583.310 When can the
agreement be terminated?
This section would explain under
what circumstances the Director could
terminate an agreement. The
termination factors include fraud;
noncompliance with the agreement;
national security or defense reasons;
situations in which continuing with the
agreement would cause serious harm or
damage to natural resources, property,
the environment or historical structures;
and other reasons described in this
section. This section would also explain
the process for terminations and
suspensions.
III. Legal and Regulatory Analysis
Procedural Matters
Regulatory Planning and Review
(Executive Order (E.O.) 12866)
E.O. 12866 provides that the Office of
Information and Regulatory Affairs
(OIRA), a part of the OMB, will review
all significant rules. OIRA has
determined that this rule is not
significant.
(1) This proposed rule contains
virtually the same reporting and
recordkeeping requirements as those in
the current uncodified guidelines and
procedures. A regulatory impact
analysis is not required. This proposed
rule formalizes existing policies and
procedures that govern the use of OCS
sand, gravel and shell resources. The
existing policies, procedures,
consultations and monitoring
requirements for the noncompetitive use
of OCS sand, gravel and shell resources
are longstanding and have remained
relatively consistent for two decades.
This proposed rule does not materially
change the existing requirements for the
use of OCS sand, gravel and shell
resources through leases or MOAs for
shore protection, beach or wetlands
restoration by a Federal, State or local
government agency, or for construction
projects authorized or funded, in whole
or in part, by the Federal Government.
The regulatory baseline is essentially
the same as the proposed rule. BOEM
believes that any changes between the
current BOEM process and this
proposed rule are immaterial and would
not impose additional compliance
obligations or costs upon the regulated
entities.
Formalizing the existing conveyance
process will provide certainty to the
public entities requesting
noncompetitive leases or MOAs for OCS
sand, gravel and shell resources. BOEM
believes there is.a benefit to the
regulated entities in the form of
regulatory certainty when Federal, State
and local government agencies desire to
use OCS sand, gravel and shell
resources for qualifying projects.
Entities affected -by this rulemaking
have the opportunity to comment
through the rulemaking process on the
proposed provisions, which are
consistent with current practices for the
conveyance of sand, gravel and shell
resources.
(2) This proposed rule does not create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency. It reflects
the existing process developed over the
life of the program in cooperation with
other Federal agencies; including the
U.S. Fish and Wildlife Service (FWS),
National Marine Fisheries Service
(NMFS) and U.S. Army Corps of
Engineers, and State and local
governments.
(3) This proposed rule does not have
an annual effect on the economy of $100
million or more. It will not adversely
affect in a material way the economy,
productivity, competition, jobs, the
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15194 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
environment, public health or safety, or
State, local or tribal governments or
communities.
(4) This rule does not alter the
budgetary effects of existing
entitlements, grants, user fees, or loan
programs or the rights or obligations of
their recipients.
(5) This rule does not raise novel legal
or policy issues arising out of legal
mandates, the President's priorities, or
the principles set forth in E.O. 12866.
Improving Regulation and Regulatory
Review (E.O. 13563)
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation's
regulatory system to promote
predictability, reduce uncertainty, and
use the best, most innovative, and least
burdensome tools for achieving
regulatory ends. The executive order
directs agencies to consider regulatory
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public where these
approaches are relevant, feasible, and
consistent with regulatory objectives.
E.O. 13563 emphasizes further that
regulations must be based on the best
available science and that the
rulemaking process must allow for
public participation and an open
exchange of ideas. BOEM has developed
this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act (RFA)
BOEM certifies this proposed rule
would not have a significant economic
effect on a substantial number of small
entities under the RFA (5 U.S.C. 601 et
seq.). A Regulatory Flexibility Analysis
is not required. Small public entities
affected by this rulemaking may be
cities, counties, towns, townships,
villages or special districts, with a
population of less than 50,000. Small
entities are occasionally parties to an
agreement for the use of OCS sand,
gravel and shell resources. Over the last
two decades, BOEM has issued nearly
50 leases or MOAs with 22 parties, of
which 5 were small public entities. Four
out of the 5 small public entities
received significant Federal cost -shares
to conduct beach nourishment projects.
The proposed application and
monitoring requirements. are necessary
to comply with Federal law and provide
BOEM and the public the best
information on the changes in the sand
borrow areas. Since BOEM is not
proposing any material changes to the
longstanding requirements for
borrowing OCS sand, gravel and shell
resources, this rulemaking will not have
a substantial effect on small entities.
The Small Business and Agriculture
Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were
established to receive comments from
small businesses about Federal agency
enforcement actions. The Ombudsman
will annually evaluate the enforcement
activities and rate each agency's
responsiveness to small business. If you
wish to comment on the actions of
BOEM enforcement activities, you may
call 1-888-734-3247. You may
comment to the Small Business
Administration without fear of
retaliation. Allegations of
discrimination/retaliation filed with the
Small Business Administration will be
investigated for appropriate action.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This proposed rule is not a major rule
under the SBREFA (5 U.S.C. 804(2)).
This proposed rule:
(a) Would not have an annual effect
on the economy of $100 million or
more;
(b) Would not cause a major increase
in costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geoaphic regions; and,
(cWould not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This proposed rule would not impose
an unfunded mandate on Staie, local, or
tribal governments or the private sector
of more than $100 million per year. A
statement containing the information
required by Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) is not
required.
Takings Implication Assessment (E.O.
12630)
Under the criteria in E.O. 12630, this
proposed rule would not have
significant takings implications. The
proposed rule is not a governmental
action capable of interference with
constitutionally protected property
rights. A Takings Implication
Assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this
proposed rule would not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
This proposed rule would not
substantially and directly affect the
relationship between the Federal and
State and local governments. To the
extent that State and local governments
have a role in OCS activities, this
proposed rule would not affect that role
A Federalism Assessment is not
required.
Civil Justice Reform (E.O. 12988)
This rule would comply with the
requirements of E.O. 12988.
Specifically, this rule would:
(a) Meet the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and,
(b) Meet the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E O.
13175)
The U.S. Department of the Interior
(DOI) strives to strengthen its
government -to -government relationship
with Indian tribes through a
commitment to consultation with Indian
tribes and recognition of their right to
self governance and tribal sovereignty.
BOEM's Tribal Liaison Officer has
certified that this regulation does not
have tribal implications as defined in
section 1(a) of E.O. 13175 and has
determined that the regulation.does not
have substantial and direct effects on
Federally recognized tribes or any
Alaska Native Corporation established
pursuant to the Alaska Native Claims
Settlement Act (ANCSA), 43 U.S.C.
1601 et seq.
As it relates to any Federally
recognized Indian tribe, this proposed
rule merely formalizes existing policies
and procedures that govern the use of
OCS sand, gravel and shell resources.
The existing policies, procedures,
consultations and monitoring
requirements for the noncompetitive use
of sand, gravel and shell resources are
longstanding and have remained
relatively consistent for two decades. If
BOEM determines an individual project -
authorized under this part may -have
effects on Federally recognized tribes or
any Alaska Native Corporation, BOEM
will initiate consultation.as soon as
possible consistent with E.O. 13175 and
DOI tribal consultation policies. A tribe
may also.request BOEM initiate
consultation pursuant to E.O. 13175.
Paperwork Reduction Act (PRA) of 1995
This proposed rule contains a new
collection of information request that is
being submitted to OMB for review and
approval under 44 U.S.C. 3501 et seq.
The rule proposes to add a new part 583
to address the use of OCS sand, gravel
and shell resources for shore protection
or replenishment, wetland restoration,
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Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules 15195
or qualified construction projects. This
part describes the negotiated
noncompetitive agreement process for
qualifying projects and would codify
procedures. The title of the IC request is
30 CFR 583, Negotiated Noncompetitive
Leasing for the Use of Sand, Gravel and
Shell Resources on the OCS.
Respondents that would be required
to submit information under this part
are other Federal, State, and local
government agencies; corporations; and
individual entities. Responses would
primarily be required in order to obtain
or retain a benefit. The frequency of
response would vary depending on the
requirement. BOEM would protect
proprietary information according to the
Freedom of Information Act (5 U.S.C.
552) and its implementing regulations
(43 CFR part 2). BOEM proposes to
collect the information under this part
BURDEN TABLE
to evaluate applications for leases/
agreements to access sand, gravel or
shell resources on the OCS; to balance
multiple uses of the OCS; and to
monitor activities for environmental
protection and safety.
The following table provides a
breakdown of the IC requirements and
burdens in this proposed part.
Subpart A—General—Federal, State, & local governments
105 ................ Apply for reconsideration/appeal to the BOEM Director/IBLA within 15 days 2 1 2
of notification; include statement of reasons; 1 copy to program office.
Subpart A—General -Corporations
105 .................. Apply for reconsideration/appeal to the BOEM Director/IBtA within 15 days 2 1 1 2
of notification; include statement of reasons; 1 copy to program office.
Subpart A—Genera"ridividuals
105 ..................
Apply for reconsideration/appeal to the BOEM Director/IBLA within 15 days
of notification; include statement of reasons; 1 copy to program office.
2
Average
2
Citation 30
CFR 583
Reporting and recordkeeping requirement
Hour
number of
Annual
burden
annual
burden hours
responses
Subpart A—General—Federal, State, & local governments
105 ................ Apply for reconsideration/appeal to the BOEM Director/IBLA within 15 days 2 1 2
of notification; include statement of reasons; 1 copy to program office.
Subpart A—General -Corporations
105 .................. Apply for reconsideration/appeal to the BOEM Director/IBtA within 15 days 2 1 1 2
of notification; include statement of reasons; 1 copy to program office.
Subpart A—Genera"ridividuals
105 ..................
Apply for reconsideration/appeal to the BOEM Director/IBLA within 15 days
of notification; include statement of reasons; 1 copy to program office.
2
1
2
TotalSubpart A...............................................................................................................................................
3
6
Subpart C--OCS Sand, Gravel, & Shell Resources Negotiated Agreements—State & local governments
300 ...... ........ Submit to BOEM a written request to obtain agreement;.including, but not 10 4
limited to: Detailed description of project; maps (geographic coordinates);
G&G data; description/documentation of environmental evaluations; tar-
get dates; description of parties involved; required permits (status of/po-,
tential conflicts); points of contact info. for all parties involved; statement
of funding.
301; 302(d) ..... Submit additional information as requested by BOEM................................. 5 1
303(b) ............. Request that the BOEM Director reconsider a disapproved agreement ....... Burden covered under 30 CFR
Subpart A
303(cHe) ....... Review and comment on draft agreement; sign and return copies for axe- 8 3
cution by BOEM.
307(a) ............. .Submit written notification to BOEM once resources authorized are ob- 1 1
tained.
308 .................. Verify all applicants comply with 2 CFR 180 & 2 CFR 1400 in contract/ 2 1
transaction.
309 .................. Submit written request to extend, modify, or change agreement to BOEM 2 2
within 180 days before expiration; submit any other documentation re-
quested by BOEM; sign and return amendment; request that the BOEM
Director reconsider a disapproved request to extend, modify, or change.
309(b) ........... Submit written request for letter amendment ................................................ 1 1
Subpart C—OCS Sand, Gravel, & Shell Resources Negotiated Agreements—Corporations
300 ................... Submit to BOEM a written request to obtain agreement; including, but not 10 4
limited to: Detailed description,of project; maps (geographic coordinates);
G&G data; descriptioNdocumentation of envirohinental evaluations; tar-
get dates; description of parties involved; required permits (status of/po-
tential conflicts); points of contact info. for all parties involved; statement
of funding.
301; 302(d) ..... Submit additional information as requested by BOEM.................................. 5 1
303(b) ............. Request that the BOEM Director reconsider a disapproved agreement ....... Burden covered under 30 CFR
Subpart A
303(c} -(e) ....... Review and comment on draft agreement; sign and return copies for exe- 8 3
cution by BOEM.
40
5
2
24
1
2
4
1
40
5
2
24
122
15196 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
BURDEN TABLE—Continued
Citation 30
CFR 583
Reporting and recordkeeping requirement
Hour
burden
Average
number of
annual
responses
Annual
burden hours
307(a) ............
Submit written notification to BOEM once resources authorized are ob-
1
1
1
tained.
308 ..................
Verify all applicants comply with 2 CFR 180 & 2 CFR 1400 in contract/
2
1
2
transaction.
309 ...............
Submit written request to extend, modify, or change agreement to BOEM
2
2
4
301; 302(d) .....
within 180 days before expiration; submit any other documentation re-
5
1
5
303(b) .............
quested by BOEM; sign and return amendment; request that the BOEM
Burden covered under 30 CFR
2
Director reconsider a disapproved request to extend, modify, or change.
8
3
309(b) .............
Submit written request for letter amendment ...................... .........................
1
1
1
Subpart C—OCS Sand, Gravel, & Shell Resources Negotiated Agreements—Individuals
300 ............. ..
Submit to BOEM a written request to obtain agreement; including, but not
10
4
40
limited to: Detailed description of project; maps (geographic coordinates);
G&G data; description/documentation of environmental evaluations; tar-
get dates; description of parties involved; required permits (status of/po-
tential conflicts); points of contact info. for all parties involved; statement
of funding.
301; 302(d) .....
Submit additional information as requested by BOEM..................................
5
1
5
303(b) .............
Request that the BOEM Director reconsider a disapproved agreement .......
Burden covered under 30 CFR
2
Subpart A
8
3
303(c) -(e) .......
Review and comment on draft agreement; sign and return copies for axe-
24
cution by BOEM.
307(a) .............
Submit written notification to BOEM once resources authorized are ob-
1
1
1
tained.
308 .................
Verity all applicants comply with 2 CFR 180 & 2 CFR 1400 in contract/
2
1
2
transaction.
309 ..................
Submit written request to extend, modify, or change agreement to BOEM
2
2
4
within 180 days before expiration; submit any other documentation re-
quested by BOEM; sign and return amendment; request that the BOEM
Director reconsider a disapproved request to extend, modify, or change.
309(b) .............
Submit written request for letter amendment ...............................................
1
1
1
TotalSubpart C ....................................................... :........................................... ... ........ .................. ......... ..
39
237
243
GrandTotal..............................................................................................................................................
42
As part of our continuing effort to
reduce paperwork and response
burdens, we invite the public and other
Federal agencies to comment on any
aspect of the reporting and
recordkeeping burden. We specifically
solicit comments on the following
questions:
(1) Is the proposed collection of
information necessary for BOEM to
properly perform its functions, and will
it be useful?
(2) Are the estimates of the burden
hours of the proposed collection
reasonable?
(3) Do you have any suggestions that
would enhance the quality, clarity, or
usefulness of the information to be
collected?
(4) Is there a way to minimize the IC
burden on those who must respond,
including the use of appropriate
automated electronic, mechanical, or
other forms of information technology?
In addition, the PRA requires agencies
to estimate the total annual reporting
and recordkeeping non -hour cost
burden resulting from the collection of
information, and we solicit your
comments on this item. For reporting
and recordkeeping only, your response
should split the cost estimate into two
components: (1) Total capital and
startup cost component; and (2) annual
operation, maintenance, and purchase
of services component. Your estimates
should consider the costs to generate,
maintain, and disclose or provide the
information. You should.describe the
methods you use to estimate major cost
factors, including system and
technology acquisition, expected useful
life of capital equipment, discount
rate(s), and the period over which you
expect to incur costs. Generally, your
estimates should not include equipment
or services purchased (1) before October
1, 1995; (2) to comply with
requirements not associated with the IC;
(3) for reasons other than to provide
information or keep records for the
Government; or (4) as part of customary
and usual business or privatepractices.
OMB is required to make a decision
concerning the collection of information
contained in these proposed regulations
between 30 to 60 days after publication
of this document in the Federal
Register. Therefore, a comment to OMB
is best assured of having its full effect
if OMB receives the comment by April
21, 2016. This does not affect the
deadline for the public to comment to
BOEM on the proposed regulations.
National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment.
BOEM has analyzed this rule under the
criteria of the NEPA and DOI's NEPA
implementing regulations at 43 CFR 46.
This rule meets the criteria set forth in
43 CFR 46.210(1) for a Departmental
"categorical exclusion" in.that this rule
is " . . . of an administrative, financial,
legal, technical, or procedural nature.
123
Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules 15197
..." We have also determined that the
rule does not involve any of the
extraordinary circumstances listed in 43
CFR 46.215.
Information Quality Act (IQA)
In accordance with the IQA, DOI has
issued guidance regarding the quality of
information that it relies upon for
regulatory decisions. This guidance is
available at DOI's Web site at http://
www.doi.gov.
Send your comments to the U.S.
Department of the Interior, Bureau of
Ocean Energy Management, Office of
Policy, Regulation and Analysis, Attn:
IQA Comments, 45600 Woodland Road,
VAM-BOEM DIR, Sterling, Virginia
20166.
Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. A Statement of Energy Effects is
not required.
Clarity of This Regulation
We are required by E.O. 12866, E.O.
12988, and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
helpful.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help BOEM revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that you find
unclear, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
List of Subjects 30 CFR 583
Administrative practice and
procedure, Beach restoration, Coastal
wetlands restoration, Gravel,
Government contracts,
Intergovernmental relations, Marine
minerals, Marine minerals program,
'Noncompetitive agreements, Negotiated
agreements, Outer Continental Shelf,
Sand, Shell resources and Shore
protection.
Dated: March 10, 2016.
Amanda C. Leiter,
Acting Assistant Secretary —Land and
Minerals Management.
For the reasons stated in the
preamble, BOEM proposes to amend 30
CFR to add part 583 to read as follows:
PART 583—NEGOTIATED
NONCOMPETITIVE AGREEMENTS
FOR USE OF OUTER CONTINENTAL
SHELF SAND, GRAVEL AND SHELL
RESOURCES
Subpart A- General
Sec.
583.100 What is BOEM's authority for
information collection (IC)?
583.101 What is the purpose of this part
and to whom does it apply?
583.102 What is BOEM's authority for this
part?
583.103 What definitions do I need to
know?
583.104 Who is qualified for a project?
583.105 How do I appeal an unfavorable
decision by BOEM?
583.106 What are the minimum contents of
an agreement to use OCS sand, gravel,
and shell resources?
Subpart B --[Reserved)
Subpart Cuter Continental Shelf Sand,
Gravel, and Shell Resource Negotiated
Agreements
583.300 How do I submit a request for an
agreement?
583.301 How will BOEM determine if a
project qualifies?
583.302 What process does BOEM use to
technically and environmentally
evaluate a qualified project?
583.303 What is the process for negotiating
and executing an agreement?
583.304 What kinds of information must be
included in an agreement?
583.305 What is the effective date of an
agreement?
583.306 How will BOEM enforce the
agreement?
583.307 What is the term of the agreement?
583.308 What debarment or suspension
obligations apply to transactions and
contracts related to a project?
583.309 What is the process for modifying
the agreement?
583.310 When can the agreement be
terminated?
Authority: 43 U.S.C. 1334.
Subpart A --General
§583.100 What Is BOEM's authority for
Information collection (IC)?
The information collection
requirements contained in the new part
583 have been approved by the OMB
under 44 U.S.C. 3501 and assigned
clearance number 1010-XXXX. The
information is being collected to
determine if the applicant for a
negotiated noncompetitive agreement
(agreement) for the use of sand, gravel
and shell resources on the Outer
Continental Shelf (OCS) is qualified to
enter into such an agreement and to
determine if the requested action is
warranted. Applicants and parties to the
agreement are required to respond to
requests related to information
collection activities.
§683.101 What Is the purpose of this part
and to whom does it apply?
The regulations in this part provide
procedures for a negotiated
noncompetitive program for utilization
of OCS sand, gravel and shell resources.
The rules of this part apply exclusively
to negotiated noncompetitive use of
OCS sand, gravel and shell resources
and do not apply to competitive leasing
of minerals, including oil, gas, sulphur,
geopressured-geothermal and associated
resources, and all other minerals which
are authorized by an Act of Congress to
be produced from "public lands" as
defined in section 103 of the Federal
Land Policy and Management Act of
1976, as amended (43 U.S.C. 1701 et
seq.).
§ 583.102 What is BOEM's authority for
this part?
(a) Pursuant to authority granted by
the Outer Continental Shelf Lands Act
(OSCLA, or the Act), as amended (43
U.S.C. 1331 et seq.), the Secretary has
authority to negotiate an agreement for
the use of OCS sand, gravel and shell_
resources:
(1) For use in a program of, or project
for, shore protection, beach restoration,
or coastal wetlands restoration
undertaken by a Federal, State, or local
government agency; or
(2) For use in a construction project,
other than a project described in
paragraph (1), that is funded in whole
or in part by or authorized by the
Federal Government.
(b) The Secretary has authorized
BOEM to administer the negotiated
noncompetitive agreement provisions of
the Act and prescribe the rules and
regulations necessary to carry out those
provisions.
§ 583.103 What definitions do I need to
know?
When used in this part, the following
terms will have the meaning given
below:
Act means the OCSLA, as amended
(43 U.S.C. 1331 et seq.).
Agreement means a negotiated
noncompetitive agreement that
authorizes a person, to use OCS sand,
gravel and shell resources in a program
of or project for shore protection, beach
restoration or coastal wetlands
restoration undertaken by one or more
Federal, State or local government
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15198 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
agencies, or in a construction project,
authorized by, or funded in whole or in
part by the Federal government. The
form of the agreement will be a
Memorandum of Agreement (if one or
more of the parties to the agreement,
other than BOEM, is a Federal
government agency) or a lease (if all of
the parties to the agreement other than
BOEM are non -Federal agencies or
persons).
Amendment means a modification to
the agreement between BOEM and the
parties to the agreement that extends,
modifies or changes the terms of the
agreement.
Applicant means any person
proposing to use OCS sand, gravel and
shell resources for a shore protection,
beach restoration or coastal wetlands
restoration project undertaken by a
Federal, State, or local government
agency, or construction project,
authorized by, or funded in whole or in
part by the Federal government. If
multiple persons or Federal, State, or
local governments, other than BOEM,
partner on a project they will be
considered joint applicants.
BOEM means the Bureau of -Ocean
Energy Management of the U.S.
Department of the Interior (DOI).
Borrow area means the offshore
geographic area(s) or regions) where
OCS sand, gravel and shell resources
have been identified for potential use in
a specific project.
Director means the Director of BOEM
of the DOI, or an official authorized to
act on the Director's behalf.
Federal. agency means any
department, agency, or instrumentality
of the United States.
Local government means the
governing authority at the county or city
level with jurisdiction to administer a
particular project(s).
Modification means the process
whereby parties to an agreement and
BOEM mutually agree to change, alter or
amend the existing agreement.
Outer continental shelf (OCS) is
defined in the same way it is defined in
Section 2(a) (43 U.S.C. 1331(a)) of the
OCSLA, as amended (43 U.-S.C. 1331 et
seq.).
Placement area means the geographic
area in which OCS sand, gravel and
shell resources, used by agreement, will
be placed pursuant to that agreement.
Program means a group of related
projects that may be the subject of a
negotiated noncompetitive agreement
for the use of OCS sand, gravel and shell
resources.
Project means an -undertaking that
may be the subject of a negotiated
noncompetitive agreement for the use of
OCS sand, gravel and shell resources.
Regional Director means the BOEM
officer with responsibility and authority
for a Region of the United States.
Secretary refers to the Secretary of the
Interior.
§583.104 Who Is qualified for a project?
(a) BOEM may enter into an
agreement with any person proposing to
use OCS sand, gravel and shell
resources for a program of or project for
shore protection, beach restoration, or
coastal wetlands restoration undertaken
by a Federal, State, or local government
agency or in a construction project that
is funded in whole or in part by or
authorized by the Federal government.
(b) To qualify for an agreement under
this art, the applicant must be:
(1FA Federal, State, or local
government agency;
(2) A citizen or national of the United
States;
(3) An alien lawfully admitted for
permanent residence in the United
States, as defined in the Immigration
and Nationality Act, as amended (8
U.S.C. 1101 (a)(20));
(4) A private or public corporation
organized under the laws of the United
States or of any State or territory thereof;
or
(5) An association of such citizens,
nationals, resident aliens or private or
public corporations.
(c) When entering into an agreement
under this part, all applicants are
subject to the requirements of 2 CFR
part 180 and 2 CFR part 1400.
§583.105 How do I appeal an unfavorable
decision by BOEM?
(a) After being notified of
disqualification, or disapproval of an
agreement or modification, an
unsuccessful applicant, or adversely
affected party to an agreement, may
apply for reconsideration by the
Director.
(1) All applications for
reconsideration by the Director must be
submitted within 15 days of being
notified of disqualification, or
disapproval of an agreement or
modification, accompanied by a
statement of reasons for the requested
reconsideration, with one copy to the
program office whose decision is the
subject of the reconsideration.
(2) The Director will respond in
writing within 30 days.
(b) No additional appeal rights are
available under 30 CFR part 590 and 43
CFR part 4, subpart E.
§583.106 What are the minimum contents
of an agreement to use OCS sand, gravel,
and shell resources?
Any use of OCS sand, gravel and shell
resources in an agreement will be
negotiated on a case-by-case basis. The
agreement will specify, at a minimum,
who may use the OCS sand, gravel and
shell resources; the nature of the rights
granted; and the location, type, and
volume of OCS sand, gravel and shell
resources. Any authorization to use OCS
sand, gravel and shell -resources
identified in an agreement is not
exclusive; BOEM may allow other
entities to use OCS sand, gravel and
shell resource from the same borrow
area.
Subpart B --[Reserved]
Subpart C --Outer Continental Shelf
Sand, Gravel, and Shell Resources
Negotiated Agreements
§583.300 How do I submit a request for an
agreement?
Any person may submit a written
request to BOEM to obtain an agreement
for the use of OCs sand, gravel and shell
resources for use in a program of or
project for shore protection, beach
restoration, or coastal wetlands
restoration undertaken by a Federal,
State, or local government agency, or in
a construction project that is funded in
whole or in partby or authorized by the
Federal Government. The written
reuest must include:
?a) A detailed. description of the
proposed project for which the OCS
sand, gravel and shell resources will be
used and how it qualifies as a program
or project eligible under the Act to use
OCS sand, gravel or shell resources;
(b) A description of the proposed
borrow areas) and placement area(s),
along with maps with geographic
coordinates depicting the location of the
desired borrow area(s), the OCS block
number(s), OCS Planning Area(s), OCS
Protraction Diagram Designation(s), and
the placement area(s). These should
include:
(1) A detailed set of hardcopy maps
with coordinates and navigation
features of the desired OCS project area
(including borrow area and other project
features); and
(2) Digital geo-referenced spatial and
tabular data depicting the borrow area
with features, such as geological
sampling locations and any hard or live -
bottom benthic habitat present;
(c) Any available geological and
geophysical data used to select, design,
and delineate the borrow areas) and
potential borrow areas considered but
not selected for final design in digital
format, geo-referenced where relevant.
These may include:
(1) Sediment sampling (sediment
cores and grab samples) data such as
physical description sheets,
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Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules 15199
photographs, core locations, and grain
size analysis; and
(2) Geophysical data such as
subbottom profiler, marine
magnetometer, and side -scan sonar data,
and bathymetry including geo-
referenced navigation survey tracklines,
shotoints, and/or timestamps;
(dFAny other uses of the OCS in the
borrow area that are known to the
applicant at the time of application
submittal;
(e) A description of the environmental
evaluations and corresponding
documents that have been completed or
are being prepared, that cover all
offshore and onshore components of the
project, as applicable;
(l) A target date or date range when
the OCS sand, grave) and shell resources
will be needed;
(g) A description of the person or
government entities undertaking the
project;
(h) A list of any permits, licenses or
authorizations required for the project
and their current status;
(i) A description of any potential
inconsistencies with state coastal zone
management plans and/or any other
applicable state and local statutes,
regulations or ordinances;
(j) The name, title, telephone number,
mailing address and email address of
any points of contact for any Federal
agencies, State or local governments,
and contractor(s) with whom the
applicant has contracted or intends to
contract;
(k) A statement explaining who
authorized the project and how the
project is to be funded, indicating
whether the project is Federally funded,
in whole or in part, and whether the
project is authorized by the Federal
government; and
(1) For any other Federal, State or
local government agency identified in
the application, the name, title, mailing
address, telephone number, and email
address of both a primary and a
secondary point of contact for the
agency.
§593.301 Flow will BOEM determine if a
project qualifies?
BOEM will make a determination as
to whether the project, as described in
section 583.300, qualifies for use of OCS
sand, gravel and shell resources under
the Act. Within 15 business days of
receipt of the application, BOEM will
determine if the application is complete
or will request additional information.
After it has determined the application
is complete, BOEM will begin the
application review process and notify
the applicant in writing whether the
project qualifies for an agreement. In
determining whether a project qualifies
for an agreement, BOEM will consider,
among other criteria, the following:
(a) The project purpose;
(b) Other uses of OCS sand, gravel and
shell resources from the same borrow
area that are currently or were
previously authorized by BOEM for
other projects or programs, including
the location, type and volume of such
resources;
(c) The project funding source(s) and
amounts;
(d) The proposed design and
feasibility of the project;
(e) Any potential environmental and
safety risks;
(f) Other Federal interests located near
or within the specified borrow area;
(g) Comments received from
potentially affected State or local
governments, if any;
(h) The applicant's background and
experience working on similar projects
or activities;
(i) Whether the project operations can
be conducted in a manner that protects
the environment and promotes orderly
development of OCS mineral resources;
(j) Whether activities can be
conducted in a manner that does not
pose a threat of serious harm or damage
to, or waste of, any natural resource, any
life (including fish and other aquatic
life), property, or the marine, coastal, or
human environment; and
(k) Whether the project is consistent
with the requirements of applicable
statutes and their implementing
regulations, which may include, but are
not limited to, the Endangered Species
Act (ESA) (16 U.S.C. 1531 et seq.), the
Marine Mammal Protection Act
(MMPA) (16 U.S.C. 1361 et seq.), the
Marine Debris Research, Prevention,
and Reduction Act (MDRPRA) (33
U.S.C. 1951 et seq.), the Marine Plastic
Pollution Research and Control Act
(MPPRCA) (33 U.S.C. 1901 et seq.), the
Federal Water Pollution Control Act
(FWPCA) (33 U.S.C. 1381 et seq.), and
the International Convention for the
Prevention of Pollution from Ships
(MARPOL), MARPOL-Annex V Treaty.
1583.302 What process does BOEM use to
to and environmentally evaluate a
qualified project?
(a) Once BOEM has determined a
project qualifies for an agreement,
BOEM will begin the project evaluation
process to decide whether to enter into
a ne otiated noncompetitive agreement.
(b1BOEM will coordinate with
relevant Federal agencies, State, and
local governments and any potentially
affected federally recognized Indian
Tribes in the project evaluation.
(c) BOEM will evaluate the project
and additional information provided
pursuant to sections 30 CFR 583.300
and 583.301, to determine if the
information is sufficient to conduct
necessary technical and environmental
reviews to comply with the
requirements of applicable statutes and
regulations, which may include, but are
not limited to: OCSLA (43 U.S.C. 1331
et seq.), the National Environmental
Policy Act (NEPA) (42 U.S.C. 4321 et
seq.), the ESA (16 U.S.C. 1531 et seq.),
the MMPA (16 U.S.C. 1361 et seq.), the
Magnuson -Stevens Fishery
Conservation and Management Act
(MSFCMA) (16 U.S.C. 1801 et seq.), the
National Historic Preservation Act
(NHPA) (54 U.S.C. 300101 et seq.), and
the Coastal Zone Management Act
(CZMA) (16 U.S.C. 1451 et seq.).
(d) BOEM will not enter into a
negotiated noncompetitive agreement
with the applicant until information
requested for the evaluation has been
provided and evaluated.
§583.303 What Is the process for
negotiating and executing an agreement?
(a) Upon completion of the technical,
environmental and other evaluations
established in 30 CFR 583.301 and 30
CFR 583.302, BOEM will decide
whether to enter into a negotiated
noncompetitive agreement with the
applicant for use of OCS sand, gravel or
shell resources for its proposed project.
(b) If BOEM decides not to enter into
such an agreement, BOEM will inform
the applicant of its reasons for not doing
so. An applicant may ask the BOEM
Director for reconsideration in
accordance with 30 CFR 583.105(a).
(c) If BOEM has decided to enter into
a negotiated noncompetitive agreement
with the applicant, BOEM will negotiate
the terms and conditions of the
agreement with the applicant and
prepare a draft agreement for the
ap bcant's review.
d) After considering comments and
suggestions from the applicant, BOEM,
at its discretion, may finalize the
agreement and distribute it to the
applicant for signature.
(e) Upon receipt of the agreement
with the applicant's signature, BOEM
will execute the agreement. A copy of
the executed agreement will be mailed
to the parties.
§583.304 What kinds of Information must
be Included In an agreement?
Every agreement is negotiated on a
case-by-case basis, but ata minimum,
must include:
(a) An agreement number, as assigned
by BOEM;
(b) The purpose of and authorities for
the agreement;
(c) Designated and delineated borrow
area(s);
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15200 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
(d) A project description, including
the timeframe within which the project
is to be started and completed;
(e) The terms and conditions of the
agreement, including any reporting
requirements;
(f) All obligations of the parties; and
(g) The signatures of appropriate
individuals authorized to bind the
applicant and BOEM.
§583.305 What is the effective date of an
agreement?
The agreement will become effective
on the date when all parties to the
agreement have signed it.
§583.306 How will BOEM enforce the
agreement?
(a) Failure to comply with any
applicable law or any provision, term,
or condition of the agreement may result
in the termination of the agreement and/
or a referral to an appropriate Federal
and/or State agency/agencies for
enforcement. Termination of the
agreement for noncompliance will be in
the sole discretion of the Director.
(b) The failure to comply in a timely
and satisfactory manner with any
provision, term or condition of the
agreement may delay or prevent
BOEM's approval of future requests for
use of OCS sand, gravel and shell
resources on the part of the parties to
the agreement.
§583.307 What is the term of the
agreement?
(a) An agreement will terminate upon
the following, whichever occurs first:
(1) The agreement expires by its own
terms, unless the term is extended prior
to expiration under§ 583.309;
(2) The project is terminated, as set
forth in § 583.310; or
(3) A party to the agreement notifies
BOEM, in writing, that sufficient OCS
sand, gravel and shell resources, up to
the amount authorized in the agreement,
have been obtained to complete the
project.
(b) Absent extraordinary
circumstances, no agreement will be for
a term longer than 5 years from its
effective date.
§ 583.308 What debarment or suspension
obligations apply to transactions and
contracts related to a project?
The parties to an agreement must
ensure that all contracts and
transactions related to an agreement
issued under this part comply with 2
CFR part 180 and 2 CFR part 1400.
§ 583:309 What Is the process for
modifying the•agreement?
(a) Unless otherwise provided for in
the agreement, the parties to the
agreement may submit to BOEM a
written request to extend, modify, or
change an agreement. BOEM is under no
obligation to extend an agreement and
cannot be held liable for the
consequences of the expiration of an
agreement. With the exception of
paragraph (b) of this section, any such
requests must be made at least 180 days
before the term of the agreement
expires. BOEM will respond to the
request for modification within 30 days
of receipt and request any necessary
information and evaluations to comply
with 30 CFR 583.301. BOEM may
approve the request, disapprove it, or
approve it with modifications subject to
the requirements of 30 CFR 583.301.
(1) If BOEM approves a request to
extend, modify or change an agreement,
BOEM will draft an agreement
modification for review by the parties to
the agreement in the form of an
amendment to the original agreement.
The amendment will include:
(i) The agreement number, as assigned
by BOEM;
(ii) The modification(s) agreed to;
(iii) Any additional mitigation
required; and
(iv) The signatures of the parties to
the agreement and BOEM.
(2) If BOEM disapproves a request to
extend, modify, or change an agreement,
BOEM will inform the parties to the
agreement of the reasons in writing.
Parties to the agreement may ask the
BOEM Director for reconsideration in
accordance with 30 CFR 583.105.
(b) By written request, for strictly
minor modifications that do not change
the substance of the project or the
analyzed environmental effects of the
project, including but not limited to, the
change of a business address, the
substitution of a different Federal, State
or local government agency contact, or
an extension of less than 30 days,
parties to the agreement may
memorialize the minor modification in
a letter from BOEM to the parties
indicating the request has been granted.
§583.310 When can the agreement be
terminated?
(a) The Director will terminate any
agreement issued under this part upon
proof that it was obtained by fraud or
misrepresentation, after notice and an
opportunity to be heard has been
afforded to the parties of the agreement.
(b) The Director may immediately
suspend and subsequently terminate
any agreement issued under this part
when:
(1) There is noncompliance with the
agreement, pursuant to 30 CFR
583.306(a); or
(2) It is necessary for reasons of
national security or defense; or
(3) The Director determines that:
(i) Continued activity under the
agreement would cause serious harm or
damage to natural resources; life
(including human and wildlife);
property; the marine, coastal, or human
environment; or sites, structures, or
objects of historical or archaeological
significance;
(ii) The threat of harm or damage will
not disappear or decrease to an
acceptable extent within a reasonable
period of time; and
(iii) The advantages of termination
outweigh the advantages of continuing
the agreement.
(c) The Director will immediately
notify the parties to the agreement of the
suspension or termination. The Director
will also mail a letter to the parties to
the agreement at their record post office
address with notice of any suspension
or termination and the cause for such
action.
(d) In the event that BOEM terminates
an agreement under this section, none of
the parties to the agreement will be
entitled to compensation as a result of
expenses or lost revenues that may
result from the termination.
IFR Doc. 2016-06163 Filed 3-21-16; 8:45 ami
BILLING CODE 4310 -MR -P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA-R09--OAR-2015-0793; FRL-9944-08-
Region 9]
Partial Approval and Partial
Disapproval of Air Quality State
Implementation Pians; Arizona;
Infrastructure Requirements To
Address Interstate Transport for the
2008 Ozone NAAQS
AGENCY: Environmental Protection
Agency (EPA).
ACnON: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove a State
Implementation Plan (SIP) revision
submitted by the Arizona Department of
Environmental Quality on December 27,
2012, and supplemented on December
3, 2015, to address the interstate
transport requirements of Clean Air Act
(CAA or Act) section 110(a)(2)(D) with
respect to the 2008 ozone (03) national
ambient air quality standard (NAAQS).
We are proposing to approve the portion
of the Arizona SIP pertaining to
significant contribution to
127
Bob Solari
Chairman
District 5
Joseph E. Flescher
Vice Chairman
District 2
U AV
LIMI-NAR
P .. IMay I0,r2f1t6
BOARD OF COUNTY COMMISSIONERS
U.S. Department of Interior
Bureau of Ocean Energy Management
45600 Woodland Road
VAM BOEM DIR
Sterling, Virginia 20166
Attn: Office of Policy; Regulation and Analysis
Wesley S. Davis
District 1
Tim Zorc
District 3
Peter D. O'Bnjan
District 4
RE: Outer Continental Shelf Marine Sand, Gravel, and Shell Resources,
Identifier Number (RIN) 1010-AD90; BOEM Proposed Rule 30 CFR 583
Dear Sir or Madam:
On behalf of the Indian River County Board of County Commissioners, please accept
the attached comments relative to the proposed BOEM rules for negotiated
noncompetitive leasing for the use of marine sand, gravel, and shell resources on the
outer continental shelf.
Indian River County is a coastal County situated on Florida's east coast and is fronted
by a barrier island, which separates the Indian River Lagoon from the Atlantic Ocean.
The County's coast extends 22.4 miles from Sebastian Inlet south to St. Lucie County
and is approximately 80 miles southeast of Orlando, Florida.
Indian River County has adopted a Beach Preservation Plan (BPP) to provide long term
management strategies along the County's shoreline, of which 15.7 miles are listed as
critically eroded by the Florida Department of Environmental Protection (FDEP). Use
of offshore sand resources, in full or in part, will be required in order for the County to
continue its beach management efforts for the next 30-50 years.
1801 271'' Street, Building A
Vero Beach, FL 32960
(772) 226-1490
128
US Department of the Interior Page Two May 10, 2016
We recognize that the proposed rule appears to be codifying the uncodified guidelines
and procedures currently being used by BOEM for sediments located within Federal
waters. However, we respectfully request BOEM to consider our comments as a way to
improve and bring clarity to the proposed regulations identified on the March 22, 2016
Federal Register.
Sincerely,
Bob Solari, Chairman
Indian River County
Board of County Commissioners
Enclosure
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
129
IndianRiver
CounLy Board of
i ,#
- -
May 10, 2016
Public Works - Departmental Agenda Item:
Outer Continental Shelf Marine Sand, Gravel, and Shell
Resources Regulation; Identifier Number (RIN) 1010-AD90;
BOEM Proposed Rule 30CFR 583
Description and Conditions
• The U.S. Department of Interior, Bureau of Ocean Energy
Management (BOEM), is proposing a rule to codify
guidelines and procedures for use of offshore sediments
in Federal waters.
- Use of Federal sediments under this proposed ruling will
require a BOEM negotiated noncompetitive lease agreement.
• The proposed rule was listed on the March 22, 2016
Federal Register; BOEM is accepting comments until May
23, 2016.
5/ i O/zo 16
IPUI.
129.1
Should IRC be concerned?
Of the 8 Million cubic yards of offshore
sand identified in the County Beach
Preservation Plan approximately 40% or
3 Million cubic yards lies within Federal
waters (3 nautical miles or greater).
Use of the identified offshore sanc
resources, in full or in part, will bE
required for the County's beach prograrr
the next 30-50 years.
Staff Comments on Proposed Rule
• Regulation of Borrow Area Sediments
- Unclear on its affect to Local and State projects not
partnered Federally.
• Sediment Quantity and Quality
- Lacks discussion on borrow sediment use, quantity, and
quality.
• Previously Issued BOEM Lease Agreements
- Where are these leases located?
- Are these documents available?
- Were there any legal challenges?
Note. Staff discussed the comments with the IRC Beach Committee where they
received unanimous approval
5/41/2016
1292
Staff Recommendation
Staff recommends...
The Board approve staff comments on the proposed
BOEM rule changes and authorize the Chairman to
sign the enclosed (agenda packet) DRAFT letter for
transmittal to BOEM.
5/0/2016
J.')9.3
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director
THROUGH: Richard B. Szpyrka, P.E., Assistant Public Works Director®
FROM: James D. Gray, Jr., Coastal Engineer P
SUBJECT: UPDATE - USACE proposed plan to dredge and relocate bulk
ocean sand from Martin and St. Lucie Counties to Miami -Dade
County
DATE: May 2, 2016
BACKGROUND
In 2012, the Florida Department of Environmental Protection (FDEP), in partnership with
the U.S. Army Corps of Engineers (USACE) initiated the Southeast Florida Sediment
Assessment and Needs Determination (SAND) study to identify and quantify offshore
sources of sand to support Federal and non -Federal beach nourishment projects until the
year 2062.
The SAND study concluded that among St. Lucie, Martin, Palm Beach, and Miami -Dade
Counties, a volume of beach compatible sand in excess of 100 million cubic yards is
available in Federal waters offshore (3 nautical miles or more) of Southeast Florida.
Relative to St. Lucie and Martin Counties, approximately 5.2 million cubic yards of sand
was identified in the SAND study.
In compliance with the National Environmental Policy Act (NEPA), the USACE Jacksonville
District prepared a draft Environmental Assessment (EA) to evaluate potential
environmental impacts, including but not limited to, the dredging and relocating of bulk
ocean sand from Martin and St. Lucie Counties to Miami -Dade County.
Although the USACE Jacksonville District, pursuant to the NEPA process, received several
comments, including opposing Resolutions from all the Counties along the Treasure
Coast, expressing concerns with the USACE proposal to dredge and relocate sand from
offshore of St. Lucie and Martin, a Findings of No Significant Impact (FONSI) was issued
on March 8, 2016 by Jason A. Kirk, Colonel USACE Jacksonville District.
F:\Public Works\JamesG\Sand Wars\Sand Update -- Agenda Item 5-10-16.docx
130
Page 2
UPDATE — USACE Proposed Plan
May 2, 2016
DESCRIPTION AND CONDITIONS
During the April 18, 2016 Beach and Shore Preservation Advisory Committee (Beach
Committee) meeting, the recent issuance of the FONSI was discussed. The Beach
Committee reiterated its concerns that removal of beach quality sand deposits from St.
Lucie and Martin Counties could negatively affect Indian River County if the growing
demand for beach quality sand extended into Indian River County.
Due to these growing concerns the Beach Committee unanimously approved the
following motion:
Approve moving forward with coordinated response with Martin and St. Lucie Counties,
through applicable County regulations to the State and then to the Federal offices,
representatives, Department of the Interior and the Office of Management and Budget
and request a hearing for open public discussion on the proposal. The Committee
members also discussed getting Congressman Murphy into a coalition with the Counties.
The purpose of this agenda item is to update the Board on the recent USACE Jacksonville
District action and Beach Committee motion and to request staff direction on how to
proceed.
FUNDING
This matter does not require expenditure of County funds.
RECOMMENDATION
Staff recommends the Board support the Beach Committee's request and direct staff to begin
discussions with St. Lucie and Martin Counties and the State and Federal agencies identified.
ATTACHMENTS
March 8, 2016 USACE Finding of No
Significant Impact (FONSI).
APPROVED AGENDA ITEM
F:\Public WorksUamesG\Sand Wars\Sand Update -- Agenda Item 5-10-16.docx
131
AWoved
Indian River County
Date
Administration
f
�.
Budget
Legal
Yt//ry
5'J'1
Public Works
Coastal Engr. Division
JDG
Sltllb 11
F:\Public WorksUamesG\Sand Wars\Sand Update -- Agenda Item 5-10-16.docx
131
RBLY TO
ATTEHTIOH OF
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P.O. BOX 4970
JACKSONVILLE, FLORIDA 32232-0019
BEACH EROSION CONTROL
AND HURRICANE PROTECTION PROJECT
CONTRACT J
MIAMI-DADE COUNTY, FLORIDA
FINDING OF NO SIGNIFICANT IMPACT
The purpose of this Environmental Assessment (EA) Is to review the environmental
effects of utilizing sand source alternatives which have been determined to meet the
requirements for future renourishments throughout the remaining period of Federal
participation in the Miami -Dade County, Beach Erosions Control and Hurricane
Protection (BEC&HP) Project. In compliance with the National Environmental Policy Act
of 1969, as amended, and the White House's Council on Environmental Quality (CEQ)
regulations, the Jacksonville District has prepared an Environmental Assessment (EA)
to evaluate new information regarding sand sources subsequent to the 1975 EIS and
1985 Supplemental EIS for the Construction of the BEC&HP Project at Miami -Dade
County, Florida. The Draft EA for the project has been forwarded to the U.S.
Environmental Protection Agency Region 4, the U.S. Fish and Wildlife Service, Vero
Beach Field Office, the National Marine Fisheries Service, Southeast Region, and the
Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation
Commission and the State Historic Preservation Officer and all other known interested
parties for review and comment
Sand source locations include two sites located offshore of southeast Florida in
Outer Continental Shelf waters, approximately 80 miles and 120 miles north of Miami -
Dade County. As the sand sources are located within the territorial waters of the United
States, the Corps and the Miami -Dade County Department of Environmental Resources
Management (DERM) will enter into a Memorandum of Agreement (MOA) with the US
Department of the Interior, Bureau of Ocean Energy Management (BOEM) pursuant to
43 U.S.C. Section 1337(k)(2). There are two sites in nearshore waters off of Miami -
Dade County, one at Baker's Haulover Inlet (BHI) ebb shoal and one on Miami Beach at
Lummus Park. The remaining three sites are commercial sand mines located in Miami -
Dade County (ACI) and Glades County (Ortona and Witherspoon).
I have reviewed the EA of the proposed action. This Finding incorporates by
reference all discussions and conclusions continued in the EA enclosed hereto. Based
on the information analyzed, in the EA, reflecting pertinent information obtained from
other agencies and special interest groups having jurisdiction by law and/or special
expertise, I conclude that the proposed action will have no significant impact on the
quality of the human environment. Reasons for this conclusion are, in summary:
132
-2-
1. The work will be conducted in accordance with Biological Opinions issued by the
US Fish and Wildlife Service for impacts to nesting sea turtles and endangered
Piping Plovers and the Regional Biological Opinion issued by the National Marine
Fisheries Service for impacts to sea turtles in the water. The propose action
does not jeopardize the continued existence of any threatened or endangered
species or adversely impact any designated critical habitat. Reasonable and
prudent measures will be taken to substantially minimize the impact of incidental
take to listed species.
2. In accordance with the Florida State Historic Preservation Officer, it was
determined that the proposed dredging and beach placement will not impact any
sites of cultural or historical significance.
3. An application for a Joint Coastal Permit has been submitted to the Florida
Department of Environmental Protection. Any conditions contained within the
permit, when it is issued, will be addressed in the plans and specifications.
Therefore, the state water standards will be met.
4. The proposed work has'been determined to be consistent with the Florida
Coastal Zone Management Program (CZMP).
5. Measures to eliminate, reduce, or avoid potential impacts to fish and wildlife
resources will be implemented during project construction.
6. Benefits to the public will be the maintenance of the storm damage reduction
functions of the beach and increased nesting habitat for sea turtles.
In consideration of the information summarized, I find that the proposed action will
not significantly affect the human environment and does not require an Environmental
Impact Statement.
J ON A. KIRK
olonel, Corps of Engineers
Commanding
Date
133
�i
x.0 ri.7
IndianRiver CountyBoard o
County Commissioners Meetim-
May 10, 2016
Public Works - Departmental Agenda Item:
UPDATE — USACE Proposed Plan to Dredge and Relocate
Bulk Ocean Sand From Martin and St. Lucie Counties
to Miami -Date County
Background
• In 2012, FDEP and USACE conducted a Southeast Florida
Sediment Assessment and Needs Determination (SAND)
study in order to identify large quantities of high quality
offshore sand for beach nourishment projects (Federal
and non -Federal) through 2062.
SAND Study Area
• St. Lucie, Martin, Palm Beach, and Miami -Dade Counties.
SAND Studv Results
• Over 100 Million cubic yards of beach compatible material
available.
• Nearly 5.2 Million cubic yards located offshore of St. Lucie and
Martin Counties.
• IRC was not included in the SAND Study.
5/10/2016
133.1
Background (Cont.)
Sand sources offshore of Miami -Dade County are almost
depleted.
• Approximately 3.6 Million cubic yards of sand is needed to
complete two beach projects over the next 23 years.
• In compliance with the National Environmental Policy
Act (NEPA), the USACE prepared a draft Environmental
Assessment (EA) to evaluate removing the identified 5.2
Million cubic yards of sand from St. Lucie and Martin
Counties and relocate down to Miami -Dade County.
• On March 8, 2016, the USACE Jacksonville District issued
a Findings of No Significant Impact (FONSI) authorizing
removal and relocation of St. Lucie and Martin County
sand.
Description and Conditions
On April 18, 2016, staff discussed the issuance of the
FONSI with the IRC Beach Committee.
Concerns that removal of beach quality sand from St.
Lucie and Martin Counties could negatively affect
IRC's beach program led to the following
unanimously approved Beach Committee motion...
5/10/2016
1-�3•2
Beach Committee Motion
Approve moving forward with coordinated response
with Martin and St. Lucie Counties, through
applicable County regulations to the State and then
to the Federal offices, representatives, Department of
the Interior and the Office of Management and
Budget and request a hearing for open public
discussion on the proposal. The Committee members
also discussed getting Congressman Murphy into a
coalition with the Counties.
Staff Recommendation
Staff recommends...
The Board support the Beach Committee's motion
and direct staff to begin discussions with St. Lucie
and Martin Counties and State and Federal agencies.
5/1612016
M-3
May 11, 2016
ITEM 14.E.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: May 10, 2016
SUBJECT: Additional Water Sampling
FROM: Tim Zorc
Commissioner, District 3
Discussion Item:
Discussion to consider County Public Works adding supplementary water
sample locations for the purpose of gaining a better understanding and
enhanced analytical data of the total nutrient loading of the canal water that
flows to the Indian River Lagoon.
134
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FLCWIEUS ce- r-Auc m iL.u4Dn)&Y4mncs iNc.
P.O. Box 150597" Altamonte Springs, FL 32715-0597 Phone: 407-339-5984 ES3018 (Main Lab)
- S71 NW Mercantile PI, Suite 111, Port St. Lurie, FL 34986 Phone: 772-343-8006 E86562 (South Lab)
812 SW Harvey Green Dr, Madison, FL 32340 Phone: 850-973-6878 E82405 (North Lab)
3980 Overseas Hwy, Suite 303, Marathon, FL 33050 Phone: 305-743-8598 E35834 (Keys Lob)
Indian River Farms WCD
7305 4th St.
Vero Beach,FL 32968
Analysis Report
PO #: n/a
Client Project #: Q -Canal Grabs
Date Sampled: Feb 4, 2016
Feb 16, 2016; Invoice: 289668
I:ab W-* 289668SW1..- Sa4fOled '02/04/:1.6*�1'0 ,16?AM'r IWiie Sit -92 r,;;� - � /��� ,,i:F+h
.. p _ 'r"�* �Id\.. �,.`x,,?i;•
Parameter
Result
Units
DF
MDL
PQL
QC Batch
Method
CAS #
Analyzed
Turbidity
8.48"
NTU
1.00
0.200
0.400
10276384
EPA180.1
G-019
02/05/16 02:30 PM
TSS
6.50/
mg/L
1.00
1.00
2.00
10303267
SM2540 D
E1642818
02/06/16
Benzene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
71-43-2
02/08/16
Ethylbenzene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
100-414
02/08/16
Methyl-tert-butylether
1.00 U
ug/L
1.00
1.00
2.00
10303283
EPA8260
1634-04-4
02108/16
Toluene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
108-88-3
02/08/16
Xylenes
1.00 U
ug/L
1.00
1.00
2.00
10303283
EPA8260
1330-20-7
02/08/16
Surr:1,2-Dichloroethane-d4 (50-170%)
104.83%
1.00
0.0100
0.0100
10303283
EPA8260
02/08/16
Surr:Bromofluorobenzene (50-170%)
99.73%
1.00
1.00
1.00
10303283
EPA8260
460-00-4
02/08/16
Surr:Toluene-d8 (50-170%)
101.73%
1.00
0.0100
0.0100
10303283
EPA8260
02/08/16
Fecal Coliform
170 B
cfu/100mL
2.00
2.00
2.00
10303332
SM9222 D
E761792
02/04/16 12:15 PM
BOD5day
2.45/
mg/L
1.00
2.00
2.00
10303470
SM5210 B
E1640606
02/05/16 12:00 PM
TKN(as N)
0.593 .Y
mg/L
1.00
0.200
0.400
10303519
EPA351.2
7727-37-9
02/13/55
Total Phosphorus(as P)
0.105/
mg/L
1.00
0.0400
0.100
10303521
EPA365.4
7723-14-0
02/13/55
NO3+NO2(as N)
0.167/
mg/L
1.00
0.0200
0.0400
10303888
EPA353.2
1-005
02/15/16
Ammonia (as N)
0.0377/
mg/L
1.00
0.0100
0.0200
10303959
EPA350.1
766441-7
02/15/16
�vz1• a:.Rr, : cu• - �,.
I:abl#:2896ti$S1N2,'' Si?!m Ie`d:�;02/049.,1'6104Q AM�Desc='S(te#1.
p l 'i , Jl'
�;: i•r::t^''^ } ��'fif^FC�]}}5r� S::j«si.. .;.'r,.. 1e.;l .'�.r."!,'Ciiy
7;nA:; ��': n�vl'ia.'��S�C•�c3': , r. r.-•1*s-:;,�'au�n b ,.
"n� !�?:•tC*'': Ott �`9:,.. •f
y..?:.`.i'? @,.�h'..T �x?i<
.
Parameter
.....r:.+.
Result
-.�! n-,7
Units
;i,�i�)'i'fia�:
DF
MDL
.£i�c.'i`,"��',,F::;
PQL
QC Batch
r?�:�'k`'.k•
Method
..,.
CAS # Y
Analyzed
Turbidity
7.75
NTU
1.00
0.200
0.400
10276384
EPA180.1
G-019
02/05/16 02:30 PM
TSS
5.50./
mg/L
1.00
1.00
2.00
10303267
SM2540 D
E1642818
02/06/16
Benzene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
7143-2
02/08/16
Ethylbenzene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
100414
02/08/16
Methyl-tert-butylether
1.00 U
ug/L
1.00
1.00
2.00
10303283
EPA8260
1634-04-4
02/08/16
Toluene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
108-88-3
02/08/16
Xylenes
1.00 U
ug/L
1.00
1.00
2.00
10303283
EPA8260
1330-20-7
02/08/16
Surr:1,2-Dichloroethane-d4 (50-170%)
105.73%
1.00
0.0100
0.0100
10303283
EPA8260
02/08/16
FLDOH: E83018 (Main Lab) FLDOH: E86562 (South Lab) FLDOH: E82405 (North Lab) FLDOH: E35834 (Keys Lab)
Page 2 of 7
Indian River Farms WCD
7305 4th St.
Vero Beach,FL 32968
FLUWILIPS INC.
P.O. Box 150597, Altamonte Springs, FL 32715-0597 Phone: 407-339-5984 E83018 (Mair. Lab)
571 NW Mercantile P1, Suite 111, Port St. Lucie, FL 34986 Phone: 772-343-8006 E86562 (South Lab)
812 SW Harvey Green Or, Madison, FL 32340 Phone: 850-973-6878 [82405 (North Lab)
3980 Overseas Hwy, Suite 103, Marathon, FL 33050 Phone: 305-743-8598 E35834 (Keys Lab)
PO #: n/a
Client Project #: Q -Canal Grabs
Date Sampled: Feb 4, 2016
Feb 16, 2016; Invoice: 289668
Lab,#`-:289668SW2; $ample`ii: �OTJU4'/.1610 4b`/A_M ti/D`e'sc: q�.Site#1
.J =', ` ''t.� "e ,
''kF7:a,,•�n,,,f b?;,.
r- •� ..
<^ r' -j
Parameter
_.-
Result
...iL -
Units
DF
MDL
c ,,!-> .,deAa>..?z`
PQL
QC Batch
Method
r.,c•..�,�',`:<r .
CAS #
,"t .,t :c;%
Analyzed
Surr:Bromofluorobenzene (50-170%)
100.77%
1.00
1.00
1.00
10303283
EPA8260
460-004
02/08/16
Surr:Toluene-d8 (50-170%)
101.50%
1.00
0.0100
0.0100
10303283
EPA8260
02/08/16
Fecal Coliform
96.0
cfu/100rrL
2.00
2.00
2.00
10303332
SM9222 D
E761792
02/04/16
12:15 PM
BOD5day
2.00 U
mg/L
1.00
2.00
2.00
10303470
SM5210 B
E1640606
02/05/16
12:00 PM
TKN(as N)
0.685-1
mg/L
1.00
0.200
0.400
10303519
EPA351.2
7727-37-9
02/13/55
Total Phosphorus(as P)
0.109
mg/L
1.00
0.0400
0.100
10303521
EPA365.4
7723-14-0
02/13/55
NO3+NO2(as N)
0.152'
mg/L
1.00
0.0200
0.0400
10303888
EPA353.2
1-005
02/15/16
Ammonia (as N)
0.0708-/
mg/L
1.00
0.0100
0.0200
10303959
EPA350.1
7664-41-7
02/15/16
C:ab #:1489664SW3' "Samr"''leis:' 02/04/1.6'�1�I UOrAM;pp',`•Desc:n Site_#3�: ='�S ' `": � "� r Y �7 ' "�- ^- � I"" : ''
.P /,.., .,;:11. .. .. .. ..7- . .•. .�.1 !'A:t t' ,l. Sf1 L7'i7 {, l.l�rY:.y�C
•� : °`' '` `"'
i.:•f'T "-t i'y:i%1�.KSY.n`'t�i�,,�.�,,: .}:•W'-].,7ti�.:,�j•_.j.•
Parameter
Result
Units
DF
MDL
PQL
QC Batch
Method
CAS #
Analyzed
Turbidity
8.17
NTU
1.00
0.200
0.400
10276384
EPA180.1
G-019
02/05/16
02:30 PM
TSS
5.50/
mg/L
1.00
1.00
2.00
10303267
SM2540 D
E1642818
02/06/16
Benzene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
71-43-2
02/08/16
Ethylbenzene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
100-41-4
02/08/16
Methyl-tert-butylether
1.00 U
ug/L
1.00
1.00
2.00
10303283
EPA8260
1634-04-4
02/08/16
Toluene
0.500 U
ug/L
1.00
0.500
1.00
10303283
EPA8260
108-88-3
02/08/16
Xylenes
1.00 U
ug/L
1.00
1.00
2.00
10303283
EPA8260
1330-20-7
02/08/16
Surr:1,2-Dichloroethane-d4 (50-170%)
106.10%
1.00
0.0100
0.0100
10303283
EPA8260
02/08/16
Surr:Bromofluorobenzene (50-170%)
101.37%
1.00
1.00
1.00
10303283
EPA8260
460-004
02/08/16
Surr:Toluene-d8 (50-170%)
101.83%
1.00
0.0100
0.0100
10303283
EPA8260
02/08/16
Fecal Coliform
120 B
cfu/100mL
2.00
2.00
2.00
10303332
SM9222 D
E761792
02/04/16
12:15 PM
BOD5day
2.00 LV
mg/L
1.00
2.00
2.00
10303470
SM5210 B
E1640606
02/05/16
12:00 PM
TKN(as N)
0.592-
mg/L
1.00
0.200
0.400
10303519
EPA351.2
7727-37-9
02/13/55
Total Phosphorus(as P)
0.08461-/
mg/L
1.00
0.0400
0.100
10303521
EPA365.4
7723-14-0
02/13/55
NO3+NO2(as N)
0.175-1
mg/L
1.00
0.0200
0.0400
10303888
EPA353.2
1-005
02/15/16
Ammonia (as N)
0.03371
mg/L
1.00
0.0100
0.0200
10303959
EPA350.1
7664-41-7
02/15/16
FLDOH: E83018 (Main Lab) FLDOH: E86562 (South Lab) FLDOH: E82405 (North Lab) FLDOH: E35834 (Keys Lab) Page 3 of 7
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