Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03/07/2017
��vERc� ORW BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 7, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2. INVOCATION Reverend Scott Alexander, Unitarian Universalist Fellowship of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS .5. PROCLAMATIONS and PRESENTATIONS 5.A Presentation of Proclamation Designating the Month of March, 2017 as Colon Cancer Awareness Attachments: Proclamation 5.B Presentation of Proclamation Recognizing March, 2017 as Indian River County's Bike Month Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION March 7, 2017 Pagel of 8 7.A Elected Public Official Bonds for the Indian River County Hospital Trustees Barbara S. Bodnar, Karen B. Rose Deigl, Omar D. Hussamy, and Bond Continuation Certificate for Ann Marie McCrystal. These bonds are on File in the Office of the Clerk to the Board. Attachments: Public Official Bonds 7.B Florida Public Service Commission Order No. PSC -17 -0060 -PCO -EI Order Suspending Florida Power & Light's Petition for Approval of a New Optional Pilot LED Streetlight Tariff, has been received and is available for review in the Office of the Clerk to the Board. 7.0 2017 Election of Economic Development Council Chairman and Vice -Chairman Attachments: Staff Report 7.D Realtors Association of Indian River County Key Contacts 2017 Attachments: Commissioner Memorandum 7.E Update on All Aboard Florida/Vero Electric Expenses Attachments: Staff Report All Aboard FL Expenses FP&L-Vero Beach-FMPA expenses 7.F Indian River County Venue Event Calendar Review Attachments: Event Calendar Review 8. CONSENT AGENDA &A Checks and Electronic Payments February 10, 2017 to February 16, 2017 Attachments: Finance Department Staff Report &B Checks and Electronic Payments February 17, 2017 to February 23, 2017 Attachments: Finance Department Staff Report &C Out of County Travel to attend the Public Safety Facilities Planning Seminar in Orlando, Florida Attachments: Staff Report Public Safety Facilities Planninq Seminar Brochure March 2017 Minutes August 16, 2016 Agenda Item 8J August 16, 2016 &D Resolution Accepting Right -Of -Way and Cancelling Taxes on Property Dedicated by 1066 US HWY 1, LLC to Indian River County for 1 ith Street Right -Of -Way Attachments: Staff Report Resolution March 7, 2017 Page 2 of 8 8.E Resolution Accepting Right -Of -Way and Cancelling Taxes on Property Dedicated by POP Florida Properties, LLC to Indian River County for 11th Street and U.S. Highway 1 Right=Of--Way Attachments: Staff Report Resolution 8.F Miscellaneous Budget Amendment 009 Attachments: Staff Report 2016 2017 Resolution Attachment "A" Property Appraiser Budget Amendments. 8.G Miscellaneous Budget Amendment 010 Attachments: Staff Report 2016 2017 Resolution Attachment "A" 8.H Declaration of Excess Equipment as Surplus for Sale or Disposal Attachments: Staff Report Excess Equipment List 03/07/17 8.I Approval of Resolution Adopting the 2017 Indian River County Emergency Plan for Hazardous Materials Attachments: Staff Report Resolution Approval Letter FDEM 1-27-17 8.J FDOT County Incentive Grant Program (CIGP) Agreement and Resolution Authorizing the Chairman's Signature for Construction and Construction Engineering Inspection (CEI) Services for SR -60 & 43rd Avenue project FM No. 431759-2-54-01 Attachments: Staff Report Authorizing Resolution FDOT County Incentive Grant Program (CIGP) Agreement - FM No. 431759-2-54-01 Grant Form 8.K Work Order No. 4-Engineering-MBV Engineering, Inc. Old Dixie Highway and Highland Drive Intersection Improvements Attachments: Staff Report MBV Engineering. Inc.. Work Order No. 4 March 7, 2017 Page 3 of 8 8.L Comprehensive Countywide Septic to Sewer Priority Ranking Study Technical Assistance Grant Attachments: Staff Report Resolution No. 2017- 8.M Florida Department of Transportation (FDOT) Authorizing Resolution for County Support of Oslo Road and I-95 Interchange Improvements, Financial Project No. 413048-2 Attachments: Staff Report FDOT Oslo Rd 1-95 Interchange Resolution FM 413048-2 8.N Florida Department of Transportation (FDOT) Authorizing Resolution for County Support of Oslo Road Widening Protect, Financial Project No. 431521-1 Attachments: Staff Report FDOT Oslo Road Widening Resolution 431521-1 8.0 Approval of Work Authorization. No. 2017-002 to Replace Water Services in Grand Harbor at St. David's Lane - UCP #4130 Attachments: Staff Report Work Authorization No. 2017-002 Cost Estimate - Labor and Material Blue Goose Quotation 8.P Fischer Lake Island Subdivision Phase 1 through 6 and Replat of 7 - Petition Water Assessment Project UCP 4118 - Bidding Status: Bid No. 2017-026 Attachments: Staff Report Sample Agreement Change Order No. 1 8.Q Emergency Purchase Order for Cell 14 Maintenance Work at West Regional Wastewater Treatment Facility Wetland Treatment System Attachments: Staff Report Proposal from Tim Rose Contracting, Inc. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS March 7, 2017 Page 4 of 8 10.A.1 Transmittal Hearing: County Initiated Request to Amend (Update) Mixed Use Policy 5.6 of the Future Land Use Element (FLUE) of the County's Comprehensive Plan (Legislative) Attachments: Staff Report Attachment 1 -Minutes of 11-15-2016 BCC Meeting Attachment 2- Text Amendment Application Attachment 3 -Unapproved Minutes from the 1-26-17 PZC Meeting Attachment 4 - Cl Nodes Analysis Attachment 5- Proposed Future Land Use Element Policy 5.6 Attachment 6- SR 60 -58th Avenue Node Map Attachment 7- Sample Conceptual Lav -out Mixed Use Attachment 8- Sample Master Plan Area Attachment 9- Transmittal Resolution 10.A.2 Consideration of Proposed Amendments to County Sign Regulations (Land Development Regulations Chapter 901, Definitions, Chapter 956, Sign Regulations, and Chapter 912, Single -Family Development). (Legislative) Attachments: Staff Report Attach 1: Current sign ordinance Attach 2: U.S. Supreme Court decision Attach 3: BCC 7/5/16 minutes Attach 4: PZC 12/8/16 & 1/26/17 minutes Attach 5: Proposed LDR amendment ordinance 10.A.3 Traffic Control Device Ordinance. (Legislative) Attachments: Staff Report Proposed Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1 Request to Speak from Keith Grainger Regarding Building a Storage Building to Resolve Code Enforcement Violation Attachments: Public Discussion Form C. PUBLIC NOTICE ITEMS 10.C.1 Notice of Scheduled Public Hearing for March 14, 2017: Proposed GoLine route changes associated with the opening of the new Main Transit Hub. (Legislative) 10.C.2 Notice of Scheduled Public Hearing March 14, 2017: to Consider Collier Creek Estates Subdivision Petition Water Assessment Project Utility Phases 1, IA and 113 in Indian River County, Florida (Legislative) Attachments: Staff Report March 7, 2017 Page 5 of 8 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1 Consideration of the County's Comprehensive Plan Update and Evaluation and Appraisal Report (EAR) Options Attachments: Staff Report F.S. Section 163.3191 Minutes from 2-16-16 BCC meeting B. Emereencv Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Manaeement and Budeet F. Public Works 12.F.1 Roseland Community Center - Request for Board of County Commission Direction Attachments: Staff Report G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A Affordable Housing Advisory Committee Appointment Attachments: Staff Report Committee Application (AHAC) - Duerringer S Duerringer. Resume 13.B Public Meeting for Transmission Line Routes Attachments: Staff Report FPL Ltr Re Overhead 230 kV Transmission Line FPL Transmission Line Plan FPL Solar Location Map March 7, 2017 Page 6 of 8 13.0 Second Amended and Restated 'Indian River Lagoon National Estuary Program Interlocal Agreement Attachments: Staff Report Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman 14.A.1 Naming of 28th Avenue Attachments: Commissioner Memorandum B. Commissioner Peter D. O'Brvan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emer2encv Services District 15.A.1 Approval to Purchase Two (2) Complete Hurst Jaws of Life Power Units from MES, Municipal Emergency Services Attachments: Staff Report MES Price Quote 15.A.2 Sole Source Purchase of Twelve (12) 800MHz P25 Compatible Mobile Radios From Communications International Attachments: Staff Report Cl Price Quote Sole Source Letter 15.A.3 Sole Source Purchase of Four (4) Stryker Stretchers and Two (2) Stryker Stretchers with. Power Load Systems Attachments: Staff Report Stryker Price Quote Sole Source Letter Stryker B. Solid Waste Disposal District 15.B.1 Final Pay for CDM Smith CCNA 2014 Work Order No. 6 - 2016 Annual Permit Compliance Monitoring & Reporting Attachments: Staff Report CDM Smith Proiect Completion Report & Final Invoice March 7, 2017 Page 7 of 8 15.B.2 Recommendation for Award of Bid No. 2017028 for Yard Waste Processing and Disposal Services Attachments: Staff Report IRC Purchasing Department Bid Tab for Bid No. 2017028 Yard Waste Processing and Disposal Services Agreement C. Environmental Control Board 16. ADJOURNMENT 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 Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5.00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. March 7, 2017 Page 8 of 8 JA. PROCLAMATION DESIGNATING THE MONTH OF MARCH, 2017, AS COLON CANCER AWARENESS WHEREAS, Indian River County Florida celebrates the month of March as Colon Cancer Awareness to bring greater awareness to colon cancer screening education and prevention; and, WHEREAS, colon cancer is the second leading cause of cancer death in the United States for men and women combined; and, WHEREAS, 1 in 20 people will develop colon cancer and every 10 minutes a life is lost to the disease; and, WHEREAS, this year alone, over 135,000 new cases of colon and rectal cancer will be diagnosed in America and over 50,000 deaths are expected; and, WHEREAS, a simple screening test is recommended for individuals over age 50 and earlier for those with a family history, to help combat the disease; and, WHEREAS, Indian River County has joined with the American Cancer Society in effort to promote increased screenings to save lives in Florida and across the country; and, WHEREAS, education and increased awareness can help inform the public of methods of prevention and the early detection of colon cancer; and, WHEREAS, our goal is to achieve an 80% screening rate by 2018 through recommended screenings, as this cancer can be caught early when treatment is most effective. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of March, 2017, be designated as Colon Cancer Awareness Month in Indian River County, and the Board encourages all citizens to work together to promote awareness and understanding of colon cancer and the need for screening to eradicate the disease. Adopted this 7th day of March, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA UV �rx h . Flescher, ghairman .� Peter D. O'Bryan, Vi n Su Adams - Bob Solari ' Ti Zor � rR. f PROCLAMATION Recognizing March, 2017 as Indian River County's Bike Month WHEREAS, since the mid -1800's, bicycles have been important for play, sport, and transportation for Americans across all regions and demographic groups; and,' WHEREAS, most Indian River County citizens and visitors bicycle for practical mobility, physical fitness, and family recreation throughout the year; and, WHEREAS, educating both cyclists and motorists about correct, safe operation of bicycles and cars is crucial for everyone's safety and comfort; and, WHEREAS, the Indian River County Metropolitan Planning Organization Bicycle Advisory Committee, cycling organizations, and independent cyclists throughout Indian River County and the State of Florida are promoting greater public awareness of bicycle operation and safety education in an effort to reduce accidents, injuries, and fatalities; and WHEREAS, March is Florida Bike Month. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that March, 2017, be designated as Bike Month in Indian River County. Adopted this 7th day of March, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc COLORECTAL CANCER: CATCHING IT EARLY 6, American Cancer Soddy 0 Wographies.UM16 Despite decreases in colorectal cancer death rates over the past two decades, it remains the third most common cause of cancer -related death in men and women in the US. Routine testing can help prevent colorectal cancer or find hat an early'stage, when its smaller and easier to treat. If it's found and treated early,'the 5 -year survival rate is 90%. Many more lives could be saved by understanding colorectal cancer risks, increasing screening rates, and making lifestyle changes. A�Simy STAGES OF I COLORECTAL CANCER 0 0000000 OW VU 90% 5 -YEAR SURVIVAL RATE IF FOUND AT THE LOCAL STAGE 0 no OW 39% DIAGNOSED AT AN EARLY STAGE PARTLY DUE TO LOW TESTING RATES �4A POLYP IN SITU LOCAL REGIONAL Most oolorectal Cancer has Cancer is growing Growth is into cancers develop formed, but is in the colon or tissue or lymph from these not yet growing rectum walls; nodes, beyond noncancerous into the colon nearby tissue is the colon or growths. ----------------------------------------------------- or rectum walls. unaffected. rectum walls. DISTANT Cancer has spread to other parts of the body, such the as liver or lungs. WHO GETS COLORECTAL CANCER? ANYONE CAN GET COLORECTAL CANCER, BUT SOME PEOPLE ARE AT AN INCREASED RISK. 200 - --- --- ----- --------- ---- - -- --- - -- ---- ----- __ �' 150 0 CV O N c100 __________________ --------------- OCO .____________ _ :__.,____ ____ _O r W W50 ------.------ :------------ - --- =------- ------ W _ V Z---- '--- --- •- --------.---- -- - --- -- Lu ? WOMEN MEN UNDER 50 50+ NON -HISPANIC NON -HISPANIC HISPANIC/ WHITE BLACK LATINO WOMEN N MEN 'Age adjusted to the 2000 US standard population Data source: North American Association of Central Cancer Registries, 2095. ® 2016 American Cancer Society, Inc. All rights reserved. No. 012793 American Cancer Society 0 Infographics 0 2016 # Colorectal Cancer. Catching It Early /l page 2 WHAT CAN YOU DO ABOUT IT? REDUCE YOUR RISK BY MANAGING YOUR DIET, WEIGHT, AND PHYSICAL ACTIVITY. DIET BODY MASS INDEX ACTIVITY LIFESTYLE •~ 4l ,rte A BMI of 25 K or higher is • considered v ©® overweight 25+ or obese. IF YOU'RE 50 OR OLDER` TALK TO YOUR DOCTOR ABOUT GETTING TESTED. Flexible Sigmoidoscopy • Fairly quick ; • Doesn't view upper part of colon Slender tube inserted through the rectum into the colon. ; • Sedation usually not used Can't see or remove all polyps Provides visual exam of rectum and lower part of colon. Does not require a specialist Colonoscopy needed if abnormal Should be done every 5 years Colonoscopy Can usually view entire colon Direct exam of colon and rectum. Polyps removed if Can biopsy and remove polyps present. Required for abnormal results from other tests, •.Done every 10 years Double-contrast Barium Enema Can usually view entire colon X-ray exam of colon. Barium sulfate is put in through the Relatively safe rectum and spreads throughout the colon. No sedation needed Should be done every 5 years CT Colonography Fairly quick and safe Detailed, cross-sectional, 24D or 3-D views of the colon Can usually view entire colon and rectum with an x-ray machine tin ked to a computer No sedation needed Should be done every 5 years Guaiac -based Fecal Occult Blood Test f Fecal No direct risk to the colon Immunochemical Test No bowel preparation Can detect blood in stool caused by tumors or polyps. Sampling done at home Health care provider gives patient at-home kit. Stool DNA Test No direct risk to the colon Looks for certain DNAchatiges from cancer or polyps No bowel preparation cells. Health care provider has.kit sent to patient. Sampling done at home Costs more than other tests - Higher risk than other tests • •.Full bowel preparation needed f_ i Can miss small polyps Cari t remove polyps during test Full bowel preparation needed Colonoscopy needed if abnormal Still fairly new test - Cati t remove polyps during test Full bowel preparation needed Colonoscopy needed if abnormal May miss some polypstcancers Done every year Colonoscopy needed if abnornal May miss some polyps/cancers Done every 3 years Colonoscopy needed if abnormal For average -risk individuals with no symptoms, tesing should begin at age 50. If you are at increased risk or are experiencing symptoms, speak to your health care provider right away. Symptoms include: Rectal bleeding, blood in the stool, dark- or black -colored stoots,'change in shape of stool, lower stomach cramping, unnecessary urge to have a bowel movement, prolonged constipation or diarrhea, and unintentional weight loss. A UNITED FORCE AGAINST CANCER Z Leam More // cancer.org/colon The American Cancer Society is an organization of 2.5 million strong. From preventioh to diagnosis, from treatment to Detect It Early Il cancer.org/colontesting recovery, we're here every step of the way. Together, we are a united force against colorectal cancer and all cancers. Live Healthy /l cancer.org/nupa ,® 2016 American Cancer Society. Inc. All rights reserved. The American Cancer Society is a qualified $01(c)(3) tax-exempt organization and donations are taxdeduclible to the full exteni of the law. ,5_4.3 Law Offices of Jennifer D. Peshke, P.A. February 16, 2017 Via Email: msuesz@clerk.indian-river.org and Courier Ms. Maria I. Suesz, Supervisor Clerk to the Board and Value Adjustment Board Indian River County Administration Building A 1801 27th Street Vero Beach, FL 32960 RE. Public Official Bonds and Bond Continuation Certiffeate Dear Ms. Suesz, Please find enclosed original Public Official Bonds for Barbara S. Bodnar, Karen B. Rose Deigl, and Omar D. Hussamy, as well as a Bond Continuation Certificate for Ann Marie McCrystal. Pursuant to our prior correspondence, I am sending you these original documents for your office to process and forward to the Governor's Office. If you have any questions, please contact me at (772) 231-1233 or email me at idp@peshkelaw.com. Sincerely, Qom, D. owl r Jennifer D. Peshke JDP/ha Enclosures cc: Ann Marie Suriano Kate Voss 4733 NORTH HIGHWAY A1A, SUITE 303 VERO BEACH, FL 32963 (772) 231 1233 P (772) 2314435 F jdp@peshkelaw.com www.PESHKELAW.com 7A ti • Know All Men by These Presents: That Barbara S Bodnar of 1501 53rd Ave PUBLIC OFFICIAL BOND Bond No. S-854706 Vero Beach FL 32966 Principal and the NGM Insurance Company of 4601 Touchton Rd East Ste 3400 Jacksonville, FL 32245-6000 (hereinafter called the Surety) a corporation organized under the laws of the State of Florida, with its principal office in the City of Jacksonville and State of Florida are held and firmly bound unto Indian River County Hospital District (hereinafter called the Obligee) in the sum of Five Thousand and 00/100 Dollars ($ 5,0-00.00 ) for the payment whereof to the Obligee the Principal binds himself, his heirs, executors, administrators and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. Signed, sealed, and dated this 22nd day of December , 2016 Whereas the above-named Principal has been duly appointed or elected to the office of Trustee Now, therefore, the condition of the foregoing obligation is such that if the Principal shall during the period beginning on 1/1/2017 , and ending on 1/1/2021 faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his hands in his official capacity during such period,period, then this obligation shall be void; otherwise it shall remain in force. This Bond is executed by the Surety upon the following express conditions, which shall be conditions precedent to the right of recovery hereunder: First: That the Surety may, if it shall so elect, cancel this Bond by giving thirty (30) days notice in writing to the Obligee and this Bond shall be deemed canceled at the expiration of said thirty (30) days; the Surety remaining liable, however, subject to all the terms, conditions and provisions of this Bond, of any act or acts covered by this Bond which may have been committed by the Principal up to the date of such cancellation; and the Surety shall, upon surrender of this Bond and its release from all liability hereunder, refund the premium paid, less a pro rata part thereof for the time this Bond shall have been in force. Second: That the Surety shall not be liable hereunder for the loss of any public moneys or funds occurring through or resulting from failure of, or default in payment by, any banks or depositories in which any public moneys or funds have been deposited, or may be deposited by or placed to the credit, or under control of the Principal, whether or not such banks or depositories were or may be selected or designated by the Principal or 'by other persons; or by reason of the allowance to, or acceptance by the Principal of any interest on sad public moneys or funds, any law, decision, ordinance or statute to the contrary notwithstanding. Third: That the Surety shall not be liable for any loss or losses, resulting from the failure of the Principal to collect any taxes, licenses, levies, assessments, etc., with the collection of which he may be chargeable by reason of his elect' n or appointment as aforesaid. Witness: ATTEST: �l/ " Barbara S Bodn (SEAL) / CSS PRIN BY: 1 ATTEST: Voss 68-1162 (05/2006) (Not applicable for Tax Collectors) 68-QQ-0005b-13 NGM Insurance Company _ _ (SEAL) SURETY BY: Attorne MES E REDISH -P2 ® NGM INSURANCE COMPANY A member of The Main Sheet America Group POWER OF ATTORNEY S-854706 KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attomeys-ih-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them." does hereby make, constitute and appoint JAMES E REDISH its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed bond number S-854706 dated January 1, 2017 on behalf of — Barbara S Bodnar'"' in favor of Indian River County Hospital District for Five Thousand and 00/100 Dollars ($ 5,000.00 ) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the duly authorized officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 11 th day of January, 2016. NGM INSURANCE COMPANY By: �_' i M�O Bruce R. Fox Vice President, General Counsel and Secretary State of Florida, County of Duval On this 11 th day of January. 2016 before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified, came Bruce R. Fox of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Jacksonville, Florida thisl lth day of January, 2016, TWheAMP*d (�, + NOTARYPUSLIC STAT srATe of FLORIDA Co mW FF919117 EXptaw 1013/2019 1, Nancy Giordano -Ramos, Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF9-J have hereunto set my hand and affixed the seal of said Company at Jacksonville, Florida this 22nd day of December 2016 ,p"Yhrp, '%4rT�r11a��� WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-358-1343. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept. or call our Bond Claim Dept. at 1-603-358-1229. P3 1 Know All Men by These Presents: That Karen B Rose of 120 Amy Ann Lane PUBLIC OFFICIAL BOND Bond No. S-854703 Vero Beach FL 32963 Principal and the NGM Insurance Company of 4601 Touchton Rd East Ste 3400 Jacksonville, FL 32245-6000 (hereinafter called the Surety) a corporation organized under the laws of the State of Florida, with its principal office in the City of Jacksonville and State of Florida are held and firmly bound unto Indian River County Hospital District (hereinafter called the Obligee) in the sum of Five Thousand and 00/100 Dollars ($5,000.00 ) for the payment whereof to the Obligee the Principal binds himself, his heirs, executors, administrators and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. Signed, sealed, and dated this 22nd day of December , 2016 Whereas the above-named Principal has been duly appointed or elected to the office of Hospital District Trustee Now, therefore, the condition of the foregoing obligation is such that if the Principal shall during the period beginning on 1/1/2017 , and ending on 1/1/2021 faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his hands in his official capacity during such period,period, then this obligation shall be void; otherwise it shall remain in force. This Bond is executed by the Surety upon the following express conditions, which shall be conditions precedent to the right of recovery hereunder: First: That the Surety may, if it shall so elect, cancel this Bond by giving thirty (30) days notice in writing to the Obligee and this Bond shall be deemed canceled at the expiration of said thirty (30) days; the Surety remaining liable, however, subject to all the terms, conditions and provisions of this Bond, of any act or acts covered by this Bond which may have been committed by the Principal up to the date of such cancellation; and the Surety shall, upon surrender of this Bond and its release from all liability hereunder, refund the premium paid, less a pro rata part thereof for the time this Bond shall have been in force. Second: That the Surety shall not be liable hereunder for the loss of any public moneys or funds occurring through or resulting from failure of, or default in payment by, any banks or depositories in which any public moneys or funds have been deposited, or may be deposited by or placed to the credit, or under control of the Principal, whether or not such banks or depositories were or may be selected or designated by the Principal or by other persons; or by reason of the allowance to, or acceptance by the Principal of any interest on sad public moneys or funds, any law, decision, ordinance or statute to the contrary notwithstanding. Third: That the Surety shall not be liable for any loss or losses, resulting from the failure of the Principal to collect any taxes, licenses, levies, assessments, etc., with the collection of which he may be chargeable by reason of his ele,gon or appointment as aforesaid. Witness: _ A' b • %'esh I 6 , C voArATTEST: aft Vos S 68-1162 (05/2006) (Not applicable for Tax Collectors) 68-QQ-0005b-13 Karen B Rose Deigl (SEAL) PRINCIPAL BY: NGM Insurance Company —17 (SEAL) SURETY BY: Attome,An--F_5T JAMES E REDISH .P4 NGM NNSURANCE COMPANY A mer of The Main Street Amefte Omp POWER OF ATTORNEY S-854703 KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them." docs hereby make, constitute and appoint JAMES E REDISH its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed bond number S-854703 dated January 1, 2017 , on behalf of "" Karen B Rose Deigl `•'R in favor of Indian River County Hospital District for Five Thousand and 00/100 Dollars ($ 5,000.00 ) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the duly authorized officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof, such signature and seal, when so used being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, Gereral Counsel and Secretary and its corporate seal to be hereto affixed this 11 th day of January, 2016.�N, s &. NGM INSURANCE COMPANY By: ---�`` €fit . Bruce R. Fox , j Vice President, General Counsel and Secretary State of Florida, County of Duval On this 11 th day of January, 2016 before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified, came Bruce R. Fox of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Jacksonville, Florida thisl Ith day of January, 2016. Tmh**'n'Ir�pat NOTARYPIJBUC STATE OF FLORIDA CanrrrtFFBttitt7 Exptr� 1Q13J2018 1, Nancy Giordano -Ramos, Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF, J have hereunto set my hand and affixed the seal of said Company at Jacksonville, Florida this 22nd day of December , 2016 , '�'enrorc�M` WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-358-1343. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Clain Dept. or call our Bond Claim Dept. at 1-603-358-1229. P5 PUBLIC OFFICIAL BOND Bond No. S-854708 Know All Men by These Presents: That Omar D Hussamy of 210 Osprey Court Vero Beach FL 32963 Principal and the NGM Insurance Company of 4601 Touchton Rd East Ste 3400 Jacksonville, FL 32245-6000 (hereinafter called the Surety) a corporation organized under the laws of the State of Florida, with its principal office in the City of Jacksonville and State of Florida are held and firmly bound unto Indian River County Hospital District (hereinafter called the Obligee) in the sum of Five Thousand and 00/100 Dollars ($5,000.00 ) for the payment whereof to the Obligee the Principal binds himself, his heirs, executors, administrators and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. Signed, sealed, and dated this 22nd day of December , 2016 Whereas the above-named Principal has been duly appointed or elected to the office of Trustee Now, therefore, the condition of the foregoing obligation is such that if the Principal shall during the period beginning on 1/11/2017 , and ending on 1/1/2021 faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his hands in his official capacity during such period,period, then this obligation shall be void; otherwise it shall remain in force. This Bond is executed by the Surety upon the following express conditions, which shall be conditions precedent to the right of recovery hereunder: First: That the Surety may, if it shall so elect, cancel this Bond by giving thirty (30) days notice in writing to the Obligee and this Bond shall be deemed canceled at the expiration of said thirty (30) days; the Surety remaining liable, however, subject to all the terms, conditions and provisions of this Bond, of any act or acts covered by this Bond which may have been committed by the Principal up to the date of such cancellation; and the Surety shall, upon surrender of this Bond and its release from all liability hereunder, refund the premium paid, less a pro rata part thereof for the time this Bond shall have been in force. Second: That the Surety shall not be liable hereunder for the loss of any public moneys or funds occurring through or resulting from failure of, or default in payment by, any banks or depositories in which any public moneys or funds have been deposited, or may be deposited by or placed to the credit, or under control of the Principal, whether or not such banks or depositories were or may be selected or designated by the Principal or by other persons; or by reason of the allowance to, or acceptance by the Principal of any interest on sad public moneys or funds, any law, decision, ordinance or statute to the contrary notwithstanding. Third: That the Surety shall not be liable for any loss or losses, resulting from the failure of the Principal to collect any taxes, licenses, levies, assessments, etc., with the collection of which he may be chargeable by reason of his el ion or appointment as aforesaid. Witnasc• �� ATTEST`. ATTEST: 68-1162 (05/2006) (Not applicable for Tax Collectors) 68-QQ-0005b-13 Omar D Lsamy EAL) PRINCIPAL BY: OAA63.1 NGM Insurance SURETY BY: E REDISH (SEAL) P6 ® NGM INSURANCE COMPANY A member o1 The Mein 6beet Mierice Gray POWER OF ATTORNEY 5-854708 KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact -and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them." does hereby make, constitute and appoint JAMES E REDISH its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed bond number S-854708 dated January 1, 2017 on behalf of **** Omar D Hussamy **** in favor of Indian River County Hospital District for Five Thousand and 001100 Dollars ($ 5,000.00 ) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the duly authorized officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof, such signature and seal, when so used being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, General Coymsel and Secretary and its corporate seal to be hereto affixed this I 1 th day of January, 2016.W11W cte NGM INSURANCE COMPANY By:�----`'�— Bruce R. Fox 'kl. Vice President, General Counsel and Secretary State of Florida, County of Duval On this 11 th day of January, 2016 before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified, came Bruce R. Fox of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Jacksonville, Florida thisl lth day of January, 2016. tehe Am h , tVOTARY PUWC Ay STATE OF FLORIDA Corni0 FFpi1ft17 Exp1tM 1tT13J2019 1, Nancy Giordano -Ramos, Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF, I. have hereunto set my hand and affixed the seal of said Company at Jacksonville, Florida this 22nd day of December , 2016 , at,�namwr>w� WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-358-1343. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept. or call our Bond Claim Dept. at 1-603-358-1229. - - --_- - --P7 BOND DEPARTMENT AGENCY: 09-0031 Redish-Zeuch Insurance Agency CONTINUATION CERTIFICATE BOND NUMBER: S-01-841973 Principal Obligee Ann M McCrystal Indian River County Hospital District 511 Bay Drive 1000 36th Street Vero Beach, FL 32963 Vero Beach, FL 32960 Bond Term: 48 Type of Bond: SURETY -PUBLIC OFFICIAL Effective Date: 12/31/2016 Classification: All Other Pubic Official not otherwise classified Expiration Date: 12/31/2020 Penalty Amount: $5,000 Remarks: Board of Director It is hereby agreed that the captioned numbered Bond is continued in force in the above amount for the period of the continued term stated above and is subject to all the covenants and conditions of said Bond. This continuation shall be deemed a part of the original Bond, and not a new obligation, no matter how long the Bond has been in force or how many premiums are paid for the Bond, unless otherwise provided for by statute or ordinance applicable. In witness whereof, the company has caused this instrument to be duly signed, sealed and dated as of the above "continuation effective date". NGM INSURANCE COMPANY By•l1�a Attorney-in-fact This Continuation Certificate needs to be filed with the obligee. No other proof of renewal has been sent to any other party MRendon PB/9 -P8 INFORMATIONAL ITEMS March 7, 2017. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the,Board of County Commissioners Date: February 21, 2017 Subject: 2017 Election of Economic Development Council (EDC.) Chairman and Vice -Chairman From: Tina Cournoyer, Commissioner Assistant At its February 21, .2017 meeting, the EDC ,members voted to reelect Peter Robinson as Chairman and Joe Idlette, III as Vice Chairman for 2017. No Board action is required. P9 Z) INFORMATIONAL ITEMS March 7, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: February 21, 2017 Subject: RAIRC Key Contacts 2017 From: Tina Cournoyer, Commissioner Assistant( Please find the attached letter naming the REALTORS' Association of Indian River County, Inc Key Contact appointments for 2017. No Board action is required. P10 * R ATR C REALTORS' Asmiatlon of Indion Rim County, Inc. December 15, 2016 REALTORS® ASSOCIATION OF INDIAN RIVER COUNTY, INC. 325067 Ih Street Vero Beach, Florida 32967 Phone (772) 567-3510 Fax (772) 778-6490 www.rairc.com Peter D. O'Bryan, Vice Chairman, District 4 Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 RE: RAIRC Key Contacts Vice Chairman O'Bryan, I am writing to inform you the following members of the REALTO.RSO Association of Indian River County, Inc. and its Government Affairs Committee have been approved by our Board of Directors to serve as Key Contacts to the Board of County Commissioners: Judy Landgrave will serve as Key Contact for Vice -Chairman O'Bryan Tom LaRocca will serve as Key Contact for Chairman Flescher The Key Contacts will attend most county commission meetings, and provide reports to the Members of the Association. They will also, from time -to -time, provide to you the REALTORS° Association of Indian River County positions on current issues set before you, when appropriate. In turn, you should feel free to approach our Key Contacts for information and/or feedback on REALTOR® related issues. The REALTORS Association of Indian River County, Inc. has over 1,100 REALTOR° and Affiliate members. Our association members, through daily interaction with hundreds of clients, is a very valuable source of information and public feedback on real estate related issues that may be of interest to you. Please contact Ms. Landgrave, Mr. LaRocca, or myself if you have any questions. We hope this arrangement will help you in carrying out your Commissioner responsibilities and facilitate better communication about Indian River County affairs to our members. Sincerely, ance Brinkerhoff, RAIRC President cc: Susan Adams; Tim Zorc; Bob Solari The Voice for Real Estate in Indian River County REALTOR® is the registered mark Which identifies a professional in real estate who subscribes to a strict ri code of ethics as a member of the NATIONAL ASSOCIATION OF REALTORSO a OPPOEOUALRTUNITY TUNITO O►►OIH U. 1311 �e INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 28, 2017 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board .of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 2/28/17. ATTACHED: • All Aboard Fl. expenses through 2/28/17 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 2/28/17 spreadsheet. P12 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 autorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1%24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $102,892.11 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -.private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services F:\Budget\AII Aboard FL Expenses P13 All Aboard Florida Expenses Indian River County 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties $928.37 .AAF Hearing Acct#00110214-033190-15023 Other Professional Services 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $157398.81 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad iRailroad Consulants $24,758.59 Review AAF 9056 & plans 9/30/2616 Atkins North America,inc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 'Dylan Reingold-travel to Wash DC $928.37 .AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016.Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015'Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of -the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110214-034020.15023 All Travel 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tailahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 F:\Budget\All Aboard FL Expenses P14 All Aboard Florida Expenses Indian River County Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8;077.00 Work Order 30 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 16/17 $118,290.92 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 2/28/17 $2,189,195.48 Total Board authorized budget for FY 16/17 $816,015.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-16/17 $2,886,921.00 Remaining Balance $697,725.52 F:\Budget\All Aboard FL Expenses P15 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 Subtotal Expenses FY 16/17 $880.00 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015'Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 iNabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 P16 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 3/16/2016 Dylan Reingold-FL Senate Committe $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahas $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahas $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtl $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahas $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 P17 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct#00410214.033110-15024 Legal Services Total expenses FY' 16/17 $880.00 Total expenses FY 15%16 $69,888.77 Total expenses FY 14/15 .$206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 2/2,8,/17 $339,018.087111 Budget Authorization Budget 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2.015 FY 15/16 Budget $69,889.00 9/15/2015 Legal Services $35;150.00 3/18/2015 .Legal Services $130,000.00 5/5/2014 Legal Services $100;000.00 Total 13oard.Authorized Budget $404,828.00 Remaining Balance $68,909.13 P18 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Indian River County Firefighter's Fair March 10-19 @ IRC Fairgrounds: www.firefightersfair.org - 1pm-10pm Sandridge Blitz March 11 @ Sandridge Golf Club: - 8am - Dunes Course South Florida PGA Junior Tour -Dunes March 18-19 @ Sandridge Golf Club: - Sat & Sun - Dunes Course ACTIVITY POOL OPEN FOR SPRING BREAK March 18-26 @ .North County Aquatic Center: - Noon - 5pm Movie Night at the Pool March 24 @ North County Aquatic Center: - 7:30-9pm Water Polo Meet March 27 @ North County Aquatic Center: - 12 -noon Nautical Flea Market March 31 -April 2 @ IRC Fairgrounds: - Friday, Sat & Sun 5-10pm 1 st Presbyterian Golf Tournament April I @ Sandridge Golf Club: - Sat, 8am Shotgun - Dunes Course P19 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27w Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 16, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 10, 2017 to February 16, 2017 b cotdpr 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 February 10, 2017 to February 16, 2017. Attachment: P20 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 349754 02/14/2017 MATTHEW PAYNE 1,599.63 349755 02/16/2017 PORT CONSOLIDATED INC 1,,032.73 349756 02/16/2017 GUARDIAN EQUIPMENT INC 174.00 349757 02/16/2017 JORDAN MOWER INC 345.58 349758 02/16/2017 COMMUNICATIONS INTERNATIONAL 47.1.50 349759 02/16/2017 COMMUNICATIONS INTERNATIONAL 25,478.00 349760 02/16/2017 VERO CHEMICAL DISTRIBUTORS INC 281.70 349761 02/16/2017 PERERS ENTERPRISES INC 1,238.86 349762 02/16/2017 RICOH USA INC 247.48 349763 02/16/2017 CHISHOLM CORP OF VERO 59.99 349764 02/16/2017 VELDE FORD INC 265.25 349765 02/16/2017 AT&T WIRELESS 982.89 349766 02/16/2017 DATAFLOW SYSTEMS INC 2,036.16 349767 02/16/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 78.45 349768 02/16/2017 GRAINGER 94.29 349769 02/16/2017 KELLY TRACTOR CO 3,511.79 349770 02/16/2017 SAFETY KLEEN SYSTEMS INC 130.00 349771 02/16/2017 AMERIGAS EAGLE PROPANE LP 59.60 349772 02/16/2017 AMERIGAS EAGLE PROPANE LP 144.00 349773 02/16/2017 AMERIGAS EAGLE PROPANE LP 991.56 349774 02/16/2017 AMERIGAS EAGLE PROPANE LP 1,482.57 349775 02/16/2017 AMERIGAS EAGLE PROPANE LP 1,699.51 349776 02/16/2017 AMERIGAS EAGLE PROPANE LP 1,776.58 349777 02/16/2017 HACH CO 1,241.39 349778 02/16/2017 LFI FORT PIERCE INC 2,158.80 349779 02/16/2017 ALLIED ELECTRONICS INC 363.61 349780 02/16/2017 NATIONAL FIRE PROTECTION ASSOC 175.00 349781 02/16/2017 KSM ENGINEERING & TESTING INC 92.00 349782 02/16/2017 HD SUPPLY WATERWORKS, LTD 2,032.57 349783 02/16/2017 BOUND TREE MEDICAL LLC 4,374.73 349784 02/16/2017 PETES CONCRETE 850.00 349785 02/16/2017 VERO INDUSTRIAL SUPPLY INC 48.68 349786 02/16/2017 TIItESOLES OF BROWARD INC 4,039.10 349787 02/16/2017 DELL MARKETING LP 7,769.51 349788 02/16/2017 WORLD BOOK INC 3,525.00 349789 02/16/2017 XEROX CORP SUPPLIES 233.46 349790 02/16/2017 THE GOODYEAR TIRE & RUBBER COMPANY 2,039.36 349791 02/16/2017 BLAKESLEE SERVICES INC 645.00 349792 02/16/2017 BAKER & TAYLOR INC 32.11 349793 02/16/2017 MIDWEST TAPE LLC 902.68 349794 02/16/2017 NORTHERN SAFETY CO INC 360.62 349795 02/16/2017 MICROMARKETING LLC 371.13 349796 02/16/2017 K & M ELECTRIC SUPPLY 77.49 349797 02/16/2017 BAKER DISTRIBUTING CO LLC 184.48 349798 02/16/2017 CENGAGE LEARNING INC 1,140.72 349799 02/16/2017 I KRUGER INC 1,427.72 349800 02/16/2017 COMMUNITY ASPHALT CORP 135,417.49 349801 02/16/2017 LINDSEY GARDENS LTD 500.00 349802 02/16/2017 CREATIVE CHOICE HOMES XVI LTD 584.00 349803 02/16/2017 BOYS & GIRLS CLUB OF INDIAN 7,500.00 349804 02/16/2017 CITY OF VERO BEACH 93,219.07 349805 02/16/2017 CITY OF VERO BEACH 546.31 349806 02/16/2017 STEPHEN WOJTASZEK 63.32 _ 349807 02/16/2017 INDIAN RIVER ALL FAB INC 1,574.76 349808 02/16/2017 FERGUSON ENTERPRISES INC 2,706.00 349809 02/16/2017 UNITED STATES.POSTAL SERVICE 20,000.00 349810 02/16/2017 LIVINGSTON PAGE 180.00 349811 02/16/2017 JANITORIAL DEPOT OF AMERICA INC 245.66 P21 TRANS NBR DATE VENDOR AMOUNT 349812 02/16/2017 PUBLIX SUPERMARKETS 65.85 349813 02/16/2017 PUBLIX SUPERMARKETS 15.87 349814 02/16/2017 PUBLIX SUPERMARKETS 14.95 349815 02/16/2017 ACUSHNET COMPANY 327.64 349816 02/16/2017 FLORIDA WATER & POLLUTION CONTROL 115.00 349817 02/16/2017 FLORIDA WATER & POLLUTION CONTROL 115.00 349818 02/1&2017 FLORIDA WATER & POLLUTION CONTROL 255.00 349819 02/16/2017 FLORIDA WATER & POLLUTION CONTROL 255.00 349820 02/16/2017 WEST PUBLISHING CORPORATION 395.85 349821 02/I6/2017 FEDERAL EXPRESS CORP 38.95 349822 02/16/2017 FEDERAL EXPRESS CORP 60.59 349823 02/16/2017 LIBERTY FLAGS INC 477.75 349824 02/16/2017 MORGAN & EKLUND INC 3,150.00 349825 02/16/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 7,848.01 349826 02/16/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 9,293.29 349827 02/16/2017 FLORIDA POWER AND LIGHT 49,391.83 349828 02/16/2017 FLORIDABLUE 3,289.86 349829 02/16/2017 TAYLOR MADE GOLF CO INC 211.15 349830 02/16/2017 -IRC HOUSING AUTHORITY 400.00 349831 02/16/2017 STATE ATTORNEY 8,798.40 349832 02/16/2017 CITY OF FELLSMERE 6,240.79 349833 02/16/2017 PEACE RIVER ELECTRIC COOP INC 64.69 349834 02/16/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 349835 02/16/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,311.06 349836 02/16/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 349837 02/16/2017 B & H FOTO & ELECTRONICS CORP 10.92 349838 02/16/2017 CHANNING BETE CO INC 247.50 349839 02/16/2017 TREASURE COAST FIRE CHIEFS 275.00 349840 02/16/2017 BELANAGY 251.88 349841 02/16/2017 GERALD A YOUNG SR 90.00 349842 02/16/2017 MYLES BROWN 54.00 349843 02/16/2017 GREY HOUSE PUBLISHING 260.30 349844 02/16/2017 GREY HOUSE PUBLISHING 94.50 349845 02/16/2017 HENRY SMITH 144.00 349846 02/16/2017 ALAN C KAUFFMANN 20.00 349847 02/16/2017 RENAISSANCE ORLANDO RESORT 399.00 349848 02/16/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 38.94 349849 02/16/2017 DONADIO AND ASSOCIATES ARCHITECTS 1,510.65 349850 02/16/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 450.00 349851 02/16/2017 ST ELIZABETH CHURCH OF DELIVERANCE 150.00 349852 02/16/2017 BRIDGESTONE AMERICAS INC 1,840.66 349853 02/16/2017 ECONOLI TE CONTROL PRODUCTS INC 70,820.00 349854 02/16/2017 SUNQUEST INC 290.00 349855 02/16/2017 THE PALMS AT VERO BEACH 557.00 349856 02/16/2017 CELICO PARTNERSHIP 252.51 349857 02/16/2017 BLUE PLANET ENVIRONMENTAL SYSTEMS INC 3,250.90 349858 02/16/2017 FAIRFIELD INN 117.00 349859 02/16/2017 FAIRFIELD INN 117.00 349860 02/16/2017 THE SHERWIN WILLIAMS CO 901.85 349861 02/16/2017 M T CAUSLEY INC 19,757.50 349862 02/16/2017 CENTRAL PUMP & SUPPLY INC 1,100.00 349863 02/16/2017 MASTELLER & MOLER INC 6,028.00 349864 02/16/2017 ETR LLC I68.39 349865 02/16/2017 STAPLES CONTRACT & COMMERCIAL INC 2,286.19 349866 02/16/2017 PELICAN ISLES LP 500.00 349867 02/16/2017 GLOVER OIL COMPANY INC 5,606.01 349868 02/16/2017 GARY L EMBREY 168.00 349869 02/16/2017 LARRY STEPHENS 216.00 349870 02/16/2017 CAROLLO ENGINEERS 44,075.00 349871 02/16/2017 RUSH TRUCK CENTERS OF FLORIDA 621.97 2 P22 TRANS NBR DATE VENDOR AMOUNT 349872 02/16/2017 JOHNNY B SMITH 302.00 349873 02/16/2017 GATES HOUSE ENTERPRISES LLC 65.00 349874 02/16/2017 STEVE GREER 42.00 349875 02/16/2017 CHARLES A WALKER 190.00 349876 02/16/2017 FISHER & PHILLIPS LLP 874.50 349877 02/16/2017 INDIAN RIVER RDALP 422.00 349878 02/16/2017 MINNIE FLOWERS 59.90 349879 02/16/2017 DELEON, LISA 35.00 349880 02/16/2017 LINDBLOM, NORWOOD W 100.00 349881 02/16/2017 MICHAELKORPAR 20.00 349882 02/16/2017 MARIE PAQUETTE 100.00 349883 02/16/2017 MICHAEL SNELL 50.00 349884 02/16/2017 MARTIN SILIRIE 36.68 349885 02/16/2017 DANA SAFETY SUPPLY INC 128.00 349886 02/16/2017 K'S COMMERCIAL CLEANING 1,535.00 349887 02/16/2017 YOUTH GUIDANCE DONATION FUND 3,750.00 349888 02/16/2017 TRPTEL INC 99.00 349889 02/16/2017 SOUTHEAST POWER SYSTEMS OF ORLANDO 5,006.94 349890 02/16/2017 SEALRITE PAVERS INC 499.72 349891 02/16/2017 NORTH HARRIS COMPUTER CORPORATION 4,375.00 349892 02/16/2017 VERA SMITH 108.00 349893 02/16/2017 GARRETTSMITH 252.00 349894 02/16/2017 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 114.50 349895 02/16/2017 HELPING ANIMALS LIVE -OVERCOME 17.00 349896 02/16/2017 BRENNTAG MID -SOUTH INC 4,356.42 349897 02/16/2017 WATERTRONICS TECHNICAL SERVICES 54,363.50 349898 02/16/2017 KEMPER BUSINESS SYSTEMS 27.50 349899 02/16/2017 JOSEPH CATALANO 20.00 349900 02/16/2017 OVERDRIVE INC 1,205.25 349901 02/16/2017 CTT FINANCE LLC 372.42 349902 02/16/2017 SURVEYMONKEY COM 204.00 349903 02/16/2017 MOORE MOTORS INC 40.00 349904 02/16/2017 NEWSOM OIL COMPANY 335.00 349905 02/16/2017 REHMANN GROUP LLC 36,000.00 349906 02/16/2017 REPROGRAPHIC SOLUTIONS INC 4.56 349907 02/16/2017 LOWES HOME CENTERS INC 497.28 349908 02/16/2017 ALEX MIKLO 170.00 349909 02/16/2017 BURNETT LIME CO INC 6,395.20 349910 02/16/2017 PENGUIN RANDOM HOUSE LLC 396.30 349911 02/16/2017 CARIOEN LEWIS 160.00 349912 02/16/2017 KRAUS ASSOCIATES INC 9,937.50 349913 02/16/2017 KANSAS STATE BANK OF MANHATTAN 138.40 349914 02/16/2017 DEBORAH CUEVAS 54.00 349915 02/16/2017 ALEXIS PERALTA 50.00 349916 02/16/2017 COURSE TRENDS INC 300.00 349917 02/16/2017 REXEL INC 1,473.04 349918 02/16/2017 SAMBA HOLDINGS INC 1,186.23 349919 02/16/2017 WADE WILSON 100.00 349920 02/16/2017 SUSANADAMS 132.01 349921 02/16/2017 RONALD NICHELSON 60.00 349922 02/16/2017 FOUNDATION FOR AFFORDABLE RENTAL 897.00 349923 02/16/2017 MICHAEL LOVEDAY 69.00 349924 02/16/2017 BIO CHEM INDUSTRIES INC 562.32 349925 02/16/2017 RELIANT FIRE SYSTEMS INC 50.00 349926 02/16/2017 COBRA GOLF INCORPORATED 1,339.56 349927 02/16/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 349928 02/16/2017 SYLIVIAMILLER 80.00 349929 02/16/2017 ALTISOURCE SINGLE FAMILY INC 31.78 349930 02/16/2017 SCRIPPS NP OPERATING LLC 1,629:90 349931 02/16/2017 JOSEPH DIZONNO 20.00 P23 TRANS NBR DATE VENDOR AMOUNT 349932 02/16/2017 KARYN BRYANT 50A7 349933 02/16/2017 JENNIFER E PROPER 70.00 349934 02/16/2017 CATHEDRAL CORPORATION 1,375.61 349935 02/16/2017 UNIFIRST CORPORATION 1,014.79 349936 02/16/2017 CAPAK LLC 66.16 349937 02/16/2017 SCHUMACHER AUTOMOTIVE DELRAY LLC 34.76 349938 02/16/2017 STTEONE LANDSCAPE SUPPLY LLC 130.12 349939 02/16/2017 ADVANCE STORES COMPANY INCORPORATED 51.48 349940 02/16/2017 EGP DOCUMENT SOLUTIONS LLC 539.97 349941 02/I6/2017 RUSSELL L OWEN III 120.00 349942 02/16/2017 GARY MOORE INC 475.00 349943 02/16/2017 LBS POWER TECHNOLOGIES INC 986.00 349944 02/16/2017 AC VETERINARY SPECIALTY SERVICES 703.18 349945 02/16/2017 COVERALLNORTH AMERICA INC 1,425.00 349946 02/16/2017 ASPHALT PAVING SYSTEMS INC 18,402.65 349947 02/16/2017 SILVIO MARTINEZ 32.00 349948 02/16/2017 JONATHAN DALESSIO 28.00 349949 02/16/2017 MATHESON TRI -GAS INC 7,059.00 349950 02/16/2017 PEOPLE READY INC 473.46 349951 02/16/2017 KEITHADAMS 166.00 349952 02/16/2017 ALERT MOVING & STORAGE INC 2,340.00 349953 02/16/2017 RAUL E VIVANCO 192.00 349954 02/16/2017 COLE AUTO SUPPLY INC 1,753.43 349955 02/16/2017 LOTTS CONCRETE PRODUCTS INC 290.00 349956 02/16/2017 WANSER CONSTRUCTION COMPANY INC 2,783.00 349957 02/16/2017 DARREN WARMOUTH 60.00 349958 02/16/2017 GEORGE MITCHEL 100.00 349959 02/16/2017 BARBARA STEWART 60.00 349960 02/16/2017 SEAN GIBBONS 42.00 349961 02/16/2017 US ASSURE INC 4,863.00 349962 02/16/2017 JAMES LIEBLER 24,175.93 349963 02/16/2017 UTILREFUNDS 106.14 349964 02/16/2017 UTILREFUNDS 78.47 349965 02/16/2017 UTILREFUNDS 35.88 349966 02/16/2017 UTILREFUNDS 25.37 349967 02/16/2017 UTILREFUNDS 32.91 349968 02/16/2017 UTIL REFUNDS 144.98 349969 02/16/2017 UTILREFUNDS 57.67 349970 02/16/2017 UTIL REFUNDS 78.32 349971 02/16/2017 UTILREFUNDS 81.64 349972 02/16/2017 UTIL REFUNDS 75.16 349973 02/16/2017 UTILREFUNDS 147.66 349974 02/16/2017 UTILREFUNDS 260.54 349975 02116/20I7 UTILREFUNDS 31.67 349976 02/16/2017 UTILREFUNDS 87.00 349977 02/16/2017 UTILREFUNDS 107.86 349978 02/16/20I7 UTILREFUNDS 40.12 349979 02/16/2017 UTILREFUNDS 82.44 349980 02116/2017 UTILREFUNDS 12.46 349981 02/16/20I7 UTILREFUNDS 75.49 349982 02/16/2017 UTILREFUNDS 16.75 349983 02/16/2017 UTILREFUNDS 9.59 349984 02/16/2017 UTILREFUNDS 17.01 349985 02/16/2017 UTILREFUNDS 8.70 349986 02/16/2017 UTILREFUNDS 29.54 349987 02/16/2017 UTILREFUNDS 35.81 349988 02/16/2017 UTILREFUNDS 7.18 349989 02/16/2017 UTILREFUNDS 43.02 349990 02/16/2017 UTILREFUNDS 56.70 349991 02/16/2017 UTILREFUNDS 64.44 4 P24 TRANS NBR DATE VENDOR AMOUNT 349992 02/16/2017 UTILREFUNDS 79.90 349993 02/16/2017 UTILREFUNDS 4.89 349994 02/16/2017 UTILREFUNDS 79.90 349995 02/16/2017 UTIL REFUNDS 36.77 349996 02/16/2017 UTILREFUNDS 23.95 349997 02/16/2017 UMREFUNDS 100.98 349998 02/16/2017 UTILREFUNDS 78.47 349999 02/16/2017 UTILREFUNDS 368.16 350000 02/I6/2017 UTILREFUNDS 35.47 350001 02/16/2017 UTILREFUNDS 29.94 350002 02/16/2017 UMREFUNDS 92.55 350003 02/16/2017 UTILREFUNDS 37.80 350004 02/16/2017 UTILREFUNDS 130.38 350005 02/16/2017 UTILREFUNDS 54.18 350006 02/16/2017 UTILREFUNDS 61.44 350007 02/16/2017 UTM REFUNDS 1.63 Grand Total: 835,387.44 P25 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1010723 02/10/2017 NORTH SOUTH SUPPLY INC 323.64 1010724 02/10/2017 ALLIED UNIVERSAL CORP 7,757.10 1010725 02/10/2017 GROVE WELDERS INC 157.50 1010726 02/10/2017 DEERE & COMPANY 2,020.51 1010727 02/10/2017 SHRIEVE CHEMICAL CO 2,337.05 1010728 02/10/2017 MIDWEST MOTOR SUPPLY CO 180.00 1010729 02/10/2017 CAPITAL OFFICE PRODUCTS 405.95 1010730 02/10/2017 METRO FIRE PROTECTION SERVICES INC 1,493.90 1010731 02/10/2017 SIMS CRANE & EQUIPMENT CO 599.20 1010732 02/10/2017 CUMMINS POWER SOUTH LLC 5,053.96 1010733 02/10/2017 BENNETT AUTO SUPPLY INC 281.30 1010734 02/10/2017 HYDRA SERVICE (S) INC 8,882.31 1010735 02/10/2017 XYLEM WATER SOLUTION USA INC 4,177.00 1010736 02/13/2017 AT&T 11,554.43 1010737 02/13/2017 OFFICE DEPOT BSD CUSTOMER SVC 582.01 1010738 02/13/2017 WASTE MANAGEMENT INC 890.93 1010739 02/13/2017 POLYDYNE INC 2,507.00 1010740 02/13/2017 T -MOBILE USA INC 344.25 1010741 02/14/2017 HENRY SCHEIN INC 2,247.75 1010742 02/14/2017 NORTH SOUTH SUPPLY INC 13.09 1010743 02/1412017 COLD AIR DISTRIBUTORS WAREHOUSE 36.22 1010744 02/14/2017 INDIAN RIVER BATTERY 1,255.00 1010745 02/14/2017 DEMCO INC 273.54 1010746 02/14/2017 DAVES SPORTING GOODS & TROPHIES 101.00 1010747 02/14/2017 GALLS LLC 87.75 1010748 02/14/2017 MEEKS PLUMBING INC 232.50 1010749 02/14/2017 ABCO GARAGE DOOR CO INC 123.00 1010750 02/14/2017 ROGER CLEVELAND GOLF INC 1,096.80 1010751 02/14/2017 TOTAL TRUCK PARTS INC 401.73 1010752 02/14/2017 GLOBAL GOLF SALES INC 176.89 1010753 02/14/2017 RECHTIEN INTERNATIONAL TRUCKS 297.20 1010754 02/14/2017 CAPITAL OFFICE PRODUCTS 1,116.92 1010755 02/14/2017 METRO FIRE PROTECTION SERVICES INC 312.50 1010756 02/14/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 360.00 1010757 02/14/2017 L&L DISTRIBUTORS 966.39 1010758 02/14/2017 CUSTOM PRODUCTS CORPORATION 1,440.00 1010759 02/14/2017 PACE ANALYTICAL SERVICES INC 5,798.00 1010760 02/14/2017 NEXAIR LLC 294.00 1010761 02/15/2017 COPYCO INC 193.89 1010762 02/15/2017 NORTH SOUTH SUPPLY INC 131.12 1010763 02/15/2017 HELENA CHEMICAL 952.86 1010764 02/15/2017 C01 D AIR DISTRIBUTORS WAREHOUSE 40.70 1010765 02/15/2017 INDIAN RIVER BATTERY 938.40 1010766 02/15/2017 INDIAN RIVER OXYGEN INC 162.50 1010767 02/15/2017 DAVIDSON TITLES INC 402.62 1010768 02/15/2017 MIKES GARAGE & WRECKER SERVICE INC 65.00 1010769 02/15/2017 GALLS LLC 615.51 1010770 02/15/2017 THE EXPEDITER 165.23 1010771 02/15/2017 SOUTHERN COMPUTER WAREHOUSE 23.18 1010772 02/15/2017 FIRST HOSPITAL LABORATORIES INC 96.75 1010773 02/15/2017 NEC CORPORATION OF AMERICA 13,222.46 1010774 02/15/2017 DEERE & COMPANY 140.90 1010775 02/15/2017 COMO OIL COMPANY OF FLORIDA 30.00 1010776 02/15/2017 GLOBAL GOLF SALES INC 57.45 1010777 02/15/2017 COMPLETE ELECTRIC INC 360.50 1010778 02/15/2017 RECHTIEN INTERNATIONAL TRUCKS 45.32 1010779 02/15/2017 CAPITAL OFFICE PRODUCTS 1,059.62 1010780 02/15/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 6,623.09 P26 TRANS.NBR 1010781 1010782 1010783 Grand Total: DATE VENDOR 02/15/2017 BENNETT AUTO SUPPLY INC 02/15/2017 AUTO PARTNERS LLC 02/15/2017 L&L DISTRIBUTORS AMOUNT 293.84 125.70 179.76 .92,104.72 P27 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4913 02/10/2017 KIMLEY HORN & ASSOC INC 15,448.00 4914 02/10/2017 CDM SMITH INC 804.00 4915 02/10/2017 FL SDU 5,683.95 4916 02/10/2017 HEALTHADVOCATE 1,156.65 4917 02/10/2017 NACO/SOUTHEAST 1,061.38 4918 02/10/2017 BLUE CROSS & BLUE SHIELD OF FLORIDAINC 17,917.56 4919 02/10/2017 FLORIDA LEAGUE OF CITIES, INC 5,118.71 4920 02/10/2017 CHARD SNYDER & ASSOCIATES INC 280.40 4921 02/10/2017 ICMA RETIREMENT CORPORATION 11,995.50 4922 02/10/2017 NACO/SOUTHEAST 24,727.84 4923 02/10/2017 ICMA RETIREMENT CORPORATION 2,705.00 4924 02/10/2017 IRC FIRE FIGHTERS ASSOC 6,630.00 4925 02/10/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35,014.95 4926 02/10/2017 BENEFITS WORKSHOP 206.80 4927 02/I0/2017 BENEFITS WORKSHOP 7,885.18 4928 02/13/2017 IRS -PAYROLL TAXES 404,843.58 4929 02/14/2017 SENIOR RESOURCE ASSOCIATION 190,950.00 4930 02/14/2017 VETERANS COUNCIL OF I R C 6,023.27 4931 02/15/2017 IRS -PAYROLL TAJII✓S 12,007.55 Grand Total: 750,46032 P28 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27;' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 23, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 17, 2017 to February 23, 2017 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 February 17, 2017 to February 23, 2017. Attachment: P29 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 350008 02/23/2017 PAULCARONE 4,159.00 350009 02/23/2017 LINDSEY GARDENS LTD 751.00 350010 02/23/2017 LARRY STALEY 593.00 350011 02/23/2017 PINNACLE GROVE LTD 1,057.00 350012 02/23/2017 VERO CLUB PARTNERS LTD 1,859.00 350013 02/23/2017 DAVID SPARKS 388.00 350014 02/23/2017 THE PALMS AT VERO BEACH 1,076.00 3500I5 02/23/2017 ED SCHLITT LC 3,359.00 350016 02/23/2017 JOHN OLIVIERA. 716.00 350017 02/23/2017 ROBERT L SAMMONS 764.00 350018 02/23/2017 ARTHUR PRUETT 900.00 350019 02/23/2017 JOSEPH LOZ#DA 570.00 350020 02/23/2017 MICHAEL JAHOLKOWSKI 547.00 350021 02/23/2017 LUCY B HENDRICKS 573.00 350022 02/23/2017 ANDRE DORAWA 644.00 350023 02/23/2017 SYLVESTER MC INTOSH 365.00 350024 02/23/2017 PAULA WHIDDON 553.00 350025 02/23/2017 COURTYARD VILLAS OF VERO LLC 560.00 350026 02/23/2017 JAMES W DAVIS 372.00 350027 02/23/2017 NTI'A EZELL 609.00 350028 02/23/2017 LINDSEY GARDENS R LTD 608.00 350029 02/23/2017 MISS INC OF THE TREASURE COAST 3,116.00 350030 02/23/2017 DANIEL CORY MARTIN 2,638.00 350031 02/23/2017 CRAIG LOPES 392.00 350032 02/23/2017 FIVE STAR PROPERTY HOLDING LLC 847.00 350033 02/23/2017 MARK BAER 3,458.00 350034 02/23/2017 ROBERT J GORMAN 504.00 350035 02/23/2017 JUAN CHAVES 700.00 350036 02/23/2017 REID REALTY 506.00 350037 02/23/2017 MELISSACAMARATA 838.00 350038 02/23/2017 AUGUSTUS B FORT JR 581.00 350039 02/23/2017 H&H SHADOWBROOK LLC 568.00 350040 02/23/2017 HUMAYUN SHAREEF 900.00 350041 02/23/2017 NKW-CL LLC 2,984.00 350042 02/23/2017 VERO BEACH PLACE LLC 5,128.00 350043 02/23/2017 WEDGEWOOD RENTALS LLC 750.00 350044 02/23/2017 GNS REAL ESTATE HOLDINGS LLC 1,920.00 350045 02/23/2017 COALITION FOR ATTAINABLE HOMES INC 600.00 350046 02/23/2017 HELPING HANDS REAL ESTATE &INVESTMENT CO 1,275.00 350047 02/23/2017 ALIX DENAEAU 478.00 350048 02/23/2017 JOHN K GERRATO 511.00 350049 02/23/2017 1135 RENTALS LLC 750.00 350050 02/23/2017 STEVEN J BERGAMINO 750.00 350051 02/23/2017 IBIS GARDENS APTS LLC 7,875.00 350052 02/23/2017 BLUE DRAGON MANAGEMENT LLC 2,200.00 350053 02/23/2017 PORT CONSOLIDATED INC 34,226.58 350054 02/23/2017 JORDAN MOWER INC 470.42 350055 02%23/2017 COMMUNICATIONS INTERNATIONAL 382.00 350056 02/23/2017 COMMUNICATIONS INTERNATIONAL 24,500.00 350057 02/23/2017 TEN -8 FIRE EQUIPMENT INC 8,759.27 350058 02/23/2017 RANGER CONSTRUCTION IND INC 1,236.92 350059 02/23/2017 VERO CHEMICAL DISTRIBUTORS INC 967.20 350060 02/23/2017 VELDE FORD INC 198.29 350061 02/23/2017 SAFETY PRODUCTS INC 61.70 350062 02/23/2017 SAFETY PRODUCTS INC 339.08 350063 02/23/2017 STEWART RZATERIALS INC 157.48 350064 02/23/2017 AT&T WIRELESS 683.77 350065 02/23/2017 DICKERSON AGGREGATES INC 1,000.00 P30 TRANS NBR DATE VENDOR AMOUNT 350066 02/23/2017 THOMAS P WHITE 231.00 350067 02/23/2017 DELTA SUPPLY CO 138.15 350068 02/23/2017 E-Z BREW COFFEE & BOTTLE WATER SVC 16.47 350069 02/23/2017 GRAINGER 1,005.42 350070 02/23/2017 GRAYBAR ELECTRIC 666.28 350071 02/23/2017 MCMASTER CARR SUPPLY CO 199.18 350072 02/23/2017 AMERIGAS EAGLE PROPANE LP 144.00 350073 02/23/2017 AMERIGAS EAGLE PROPANE LP 195.62 350074 02/23/2017 AMERIGAS EAGLE PROPANE LP 280.70 350075 02/23/2017 AMERIGAS EAGLE PROPANE LP 399.44 350076 02/23/2017 AMERIGAS EAGLE PROPANE LP 424.77 350077 02/23/2017 AMERIGAS EAGLE PROPANE LP 1,767.38 350078 02/23/2017 AMERIGAS EAGLE PROPANE LP 1,771.79 350079 02/23/2017 LFI FORT PIERCE INC 2,083.62 350080 02/23/2017 CLIFF BERRY INC 760.00 350081 02/23/2017 DEEP SIX DIVE SHOP INC 87.98 350082 02/23/2017 PATTERSON POPE INC 546.01 350083 02/23/2017 KSM ENGINEERING & TESTING INC 880.00 350084 02/23/2017 HD SUPPLY WATERWORKS, LTD 13,265.77 350085 02/23/2017 SCHULKE BITTLE & STODDARD LLC 4,504.86 350086 02/23/2017 VERO INDUSTRIAL SUPPLY INC 168.41 350087 02/23/2017 JAMAR TECHNOLOGIES INC 856.45 350088 02/23/2017 EXPRESS REEL GRINDING INC 3,500.00 350089 02/23/2017 TIRESOLES OF BROWARD INC 1,03I.73 350090 02/23/2017 BARTH CONSTRUCTION INC 154,137.51 350091 02/23/2017 CARTER ASSOCIATES INC 2,624.00 350092 02/23/2017 CHILDCARE RESOURCES OF IRC INC 19,548.88 350093 02/23/2017 DELL MARKETING LP 3,397.43 350094 02/23/2017 THE GOODYEAR TIRE & RUBBER COMPANY 3,086.97 350095 02/23/2017 BAKER & TAYLOR INC 11,523.47 350096 02/23/2017 BAKER DISTRIBUTING CO LLC 278.23 350097 02/23/20.17 ATKINS NORTH AMERICAINC 1,607.00 350098 02/23/2017 CENGAGE LEARNING INC 38.92 350099 02/23/2017 GO COASTAL INC 228.00 350100 02/23/2017 GREENE INVESTMENT PARTNERSHIP LTD 3,713.54 350101 02/23/2017 PING INC 709.60 350102 02/23/2017 CLERK OF CIRCUIT COURT 1,606.05 350103 02/23/2017 INDIAN RIVER COUNTY HEALTH DEPT 50,235.75 350104, 02/23/2017 INDIAN RIVER COUNTY PROPERTY APPRAISER 186.00 350105 02/23/2017 MEDICAL EXAMINERS OFFICE 30,915.91 350106 02/23/2017 VICTIM ASSISTANCE PROGRAM 5,633.75 350107 02/23/2017 ROGER J NICOSIA 800.00 350108 02/23/2017 ROGER J NICOSIA 1,500.00 350109 02/23/2017 CITY OF VERO BEACH 7,018.03 350110 02/23/2017 CITY OF VERO BEACH 2,072.78 350111 02/23/2017 CITY OF VERO BEACH 11,700.00 350112 02/23/2017 STEPHEN WOJTASZEK 72.74 350113 02/23/2017 CHAPTER 13 TRUSTEE 201.08 350114 02/23/2017 UNITED WAY OF INDIAN RIVER COUNTY 592.00 350115 02/23/2017 UNITED PARCEL SERVICE INC 27.94 350116 02/23/2017 FERGUSON ENTERPRISES INC 4,290.11 350117 02/23/2017 LIVINGSTON PAGE 18.00 350118 02/23/2017 HUMANE SOCIETY 21,860.00 350119 02/23/2017 UNIVERSITY OF FLORIDA 20.00 350120 02/23/2017 ACUSHNET COMPANY 2,859.39 350121 02/23/2017 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 350122 02/23/2017 CULTURAL COUNCIL OF IRC 7,260.00 350123 02/23/2017 DEANGELO BROTHERS INC 617.50 350124 02/23/2017 EXCHANGE CLUB CASTLE 2,255.99 350125 02/23/2017 GEOSYNTEC CONSULTANTS INC 31,141.89 2 P31 TRANS NBR DATE VENDOR AMOUNT 350126 02/23/2017 RIVERFRONT HOTEL LLC 625.00 350127 02/23/2017 CITY OF SEBASTIAN 23,756.49 350128 02/23/2017 SOUTHEAST DESALTING ASSOCIATION 40.00 350129 02/23/2017 TIMOTHY ROSE CONTRACTING INC 264,050.96 350130 02/23/2017 FLORIDAPOWERAND LIGHT 53,234.37 350131 02/23/2017 FLORIDA POWER AND LIGHT 20,244.91 350132 02/23/2017 JAMES GRAY JR 479.78 350133 02/23/2017 AMERICAN PLANNING ASSOCIATION 428.00 350134 02!23/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 10,355.10 350135 02/23/20I7 CITY OF FELLSMERE 40.09 350136 02/23/2017 WASTE MANAGEMENT INC 182,396.40 350137 02/23/2017 SUNSHINE STATE ONE CALL OF FL INC 1,067.30 350138 02/23/2017 GOVERNMENT FINANCE OFFICERS ASSOC 150.00 350139 02/23/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 350140 02/23/2017 TREASURE COAST SPORTS COMMISSION INC 9,393.00 350141 02/23/2017 BUILDING OFFICIALS ASSOC OF FLORIDA 171.02 350142 02/23/2017 IRC HEALTHY START COALITION INC 500.00 350143 02/23/2017 IRC HEALTHY START COALITION-INC 2,500.00 350144 02/23/2017 IRC HEALTHY START COALITION INC 1,000.00 350145 02/23/2017 IRC HEALTHY START COALITION INC 1,666.67 350146 02/23/2017 BE SAFE SECURITY ALARMS INC 100.00 350147 02/23/2017 UNIVERSITY OF CENTRAL FLORIDA 605.00 350148 02/23/2017 CENTRAL FLORIDA PRIMA 25.00 350149 02/23/2017 GERALD AYOUNG SR 90.00 350150 02/23/2017 MYLES BROWN 216.00 350151 02/23/2017 HENRY SMITH 216.00 350152 02/23/2017 INDIAN RIVER FARMS WATER CNTRLDIST 100.00 350153 02/23/2017 INDIAN RIVER FARMS WATER- CNTRL DIST 600.00 350154 02/23/2017 ALAN C KAUFFMANN 400.00 350155 02/23/2017 INDIAN RIVER COUNTY HISTORICAL 1,881.11 350156 02/23/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 240.00 350157 02/23/2017 GOVERNORS HURRICANE CONFERENCE 285.00 350158 02/23/2017 KEEP INDIAN RIVER BEAUTIFUL INC 6,297.21 350159 02/23/2017 COMCAST 14,911.19 350160 02/23/2017 PINNACLE GROVE LTD 363.00 350161 02/23/2017 BRIDGESTONE AMERICAS INC 858.20 350162 02/23/2017 ECONOLITE CONTROL PRODUCTS INC 51,400.00 350163 02/23/2017 ARCADIS U S INC 11,674.40 350164 02/23/2017 RUSSELL PAYNE INC 791.28 350165 02/23/2017 TRANE US INC 16,804.93 350166 02/23/2017 CELICO PARTNERSHIP 291.69 350167 02/23/2017 ANDCTER INC 298.50 350168 02/23/2017 CINDY CORRENTE 23.85 350169 02/23/2017 FLORIDADEPT OF JUVENILE JUSTICE 26,398.56 350170 02/23/2017 VAN WAL INC 95.00 350171 02/23/2017 ELECTRONIC ACCESS SPECIALIST 712.88 350172 02/23/2017 FLORIDA RURAL LEGAL SERVICES INC 1,931.06 350173 02/23/2017 CENTRAL PUMP & SUPPLY INC 590.00 350174 02/23/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 262.90 350175 02/23/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 266.47 350176 02/23/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 148.68 350177 02/23/2017 GARY L EMBREY 322.00 350178 02/23/2017 LARRY STEPHENS 108.00 350179 02/23/2017 SONRISE VILLAS LTD 500.00 350180 02/23/2017 JOHNNY SMITH 172.00 350181 02/23/2017 DUPERON CORPORATION 1,750.02 350182 02/23/2017 CHARLES A WALKER 60.00 350183 02/23/2017 MICHAEL KORPAR 120.00 350184 02/23/2017 INTERNATIONAL SWEEPING INC 5,040.00 350185 02/23/2017 DANA SAFETY SUPPLY INC 264.90 3 P32 TRANS NBR DATE VENDOR AMOUNT 350186 02/23/2017 TREASURE COAST SPRINKLERS INC 260.00 350187 02/23/2017 FLEETBOSS G P S INC. 3,879.67 350188 02/23/2017 K'S COMMERCIAL CLEANING 998.89 350189 02/23/2017 EQ THE ENVIRONMENTAL QUALITY COMPANY 29,999.67 350190 02/23/2017 TRITEL INC 99.00 350191 02/23/2017 WINSUPPLY OF VERO BEACH 354.35 350192 02/23/2017 HMA SOLANTIC JOINT VENTURE LLC DBA 30.00 350193 02/23/20I7 VERA SMITH 162.00 350194 02/23/2017 GARRETT SMITH 36.00 350195 02/23/2017 BRENNTAG MID -SOUTH INC 2,364.86 350196 02/23/2017 TIMOTHY L BECHTOLD 1,600.00 350197 02/23/20I7 ECMC 254.59 350198 02/23/2017 THOMPSONS REMODELING & HOME REPAIR INC 2,300.00 350199 02/23/2017 JOSEPH CATALANO 60.00 350200 02/23/2017 AUTOMATIONDIRECT.COM INC 75.00 350201 02/23/2017 PROMATIC INC 40.50 350202 02/23/2017 PROMATIC INC 136.83 350203 02/23/2017 CLARK EQUIPMENT COMPANY 38,866.80 350204 02/23/2017 GFA INTERNATIONAL INC 38,203.20 350205 02/23/2017 TIM ZORC 167.71 350206 02/23/2017 JP COOKE COMPANY 76.35 350207 02/23/2017 REPROGRAPHIC SOLUTIONS INC 49.92 350208 02/23/2017 LOWES HOME CENTERS INC 2,225.71 350209 02/23/2017 ALEX MIKLO 60.00 350210 02/23/2017 BURNETT LIME CO INC 3,208.80 350211 02/23/2017 BURNETT LIME CO INC 367.50 350212 02/23/2017 CARMEN LEWIS 156.00 350213 02/23/2017 CALDWELLPACETTIEDWARDS 3,162.62 350214 02/23/2017 SOUTHERN MANAGEMENT LLC 28,982.50 350215 02/23/2017 KANSAS STATE BANK OF MANHATTAN 138.40 350216 02/23/2017 C E R SIGNATURE CLEANING 850.00 350217 02/23/2017 DEBORAH CUEVAS 126.00 350218 02/23/2017 CHEMTRADE CHEMICALS CORPORTATION 6,825.31 350219 02/23/2017 WADE WILSON 60.00 350220 02/23/2017 SUSANADAMS 147.39 350221 02/23/2017 FAMILY SUPPORT REGISTRY 156.45 350222 02/23/2017 BRYAN CAVE LLP 342.50 350223 02/23/2017 BRYAN CAVE LLP 53,720.93 350224 02/23/2017 ARROW INTERNATIONAL 2,760.24 350225 02/23/2017 LANGHAM CONSULTING SERVICES INC 780.00 350226 02/23/2017 RONALD NICHELSON 60.00 350227 02/23/2017 MASCHMEYER CONCRETE COMPANY OF FLORIDA 739.00 350228 02/23/2017 MICHAEL EDWARD HAMILTON 300.00 350229 02/23/2017 STEPHEN G NEILL 1,312.50 350230 02/23/2017 SYLIVIAMILLER 282.00 350231 02/23/2017 ANFIELD CONSULTING GROUP INC 10,000.00 350232 02/23/2017 FLORITURF SOD INC 78.00 350233 02/23/2017 ENCORE ONE LLC 1,083.87 350234 02/23/2017 LONGHORN LANDSCAPING AND SOD LLC 2,648.25 350235 02/23/2017 JOSEPH DIZONNO 120.00 350236 02/23/2017 BERGER SINGERMAN LLP 880.00 350237 02/23/2017 RONALD RENNICK 495.00 350238 02/23/2017 CATHEDRAL CORPORATION 16,000.00 350239 02/23/2017 GERELCO TRAFFIC CONTROLS INC 13,118.00 350240 02/23/2017 MASTERS ACADEMY OF VERO BEACH 500.00 350241 02/23/2017 UNIIFIRST CORPORATION 1,178.24 350242 02/23/2017 SCHUMACHER AUTOMOTIVE DELRAY LLC 615.04 350243 02/23/2017 SITEONE LANDSCAPE SUPPLY LLC 135.71 350244 02/23/2017 ADVANCE STORES COMPANY INCORPORATED 655.70 350245 02/23/2017 EGP DOCUMENT SOLUTIONS LLC 99.00 4 P33 TRANS NBR DATE VENDOR AMOUNT 350246 02/23/2017 EGP DOCUMENT SOLUTIONS LLC 902.53 350247 02/23/2017 RUSSELL L OWEN III 60.00 350248 02/23/2017 CARDNOINC 2,985.00 350249 02/23/2017 NWI RECYCLING INC 4,140.20 350250 02/23/2017 PATRICK JAMES ECYCLE LLC 540.00 350251 02/23/2017 AVMJ YORK LLC 500.00 350252 02/23/2017 PUMPTRONICS USA LLC 426.81 350253 02/23/2017 OKLAHOMA S54MS 162.00 350254 02/23/2017 ASPHALT PAVING SYSTEMS INC 40,762.95 350255 02/23/2017 SII.VIO MARTINEZ 48.00 350256 02/23/2017 JONATHAN DALESSIO 32.00 350257 02/23/2017 DEBBIE CARSON 100.00 350258 02/23/2017 PEOPLE READY INC 12,516.34 350259 02/23/2017 KEITH ADAMS 378.00 350260 02/23/2017 EMILY GOUGE 60.00 350261 02/23/2017 AQSEPTENCE GROUP INC 943.01 350262 02/23/2017 RAUL E VIVANCO 240.00 350263 02/23/2017 COLE AUTO SUPPLY INC 1,056.55 350264 02/23/2017 DIAMOND TEC ENTERPRISES LLC 619.60 350265 02/23/2017 CEIA USA LT D 3,400.10 350266 02/23/2017 KNIGHT WELDING SUPPLY LLC 2,213.47 350267 02/23/2017 SAMANTH SANTANA TIlLU 32.00 350268 02/23/2017 WANSER CONSTRUCTION COMPANY INC 18,977.00 350269 02/23/2017 DA.RREN WARMOUTH 60.00 350270 02/23/2017 ISMAYUZRI BIN ISHAK 200.00 350271 02/23/2017 LEAK MULLER'S INTERIORS INC 20.00 350272 02/23/2017 COREY GRALEY 60.00 350273 02/23/2017 JENNIFER ROBERTS 100.00 350274 02/23/2017 OSLO PETROLEUM INC 200.00 350275 02/23/2017 JASON TARR 52.81 350276 02/23/2017 VB THREE OAKS LLL,P 3,900.98 350277 02/23/2017 UTILREFUNDS 4.44 350278 02/23/2017 UTIL REFUNDS 67.43 350279 02/23/2017 UTILREFUNDS 59.07 350280 02/23/2017 UTILREFUNDS 69.80 350281 02/23/2017 UTILREFUNDS 46.08 350282 02/23/2017 UTIL REFUNDS 90.16 350283 02/23/2017 UTIL REFUNDS 68.85 350284 02/23/2017 UTILREFUNDS 299.07 350285 02/23/2017 U`I L REFUNDS 43.18 350286 02/23/2017 UTILREFUNDS 71.21 350287 02/23/2017 UTTLREFUNDS 136.33 350288 02/23/2017 UTILREFUNDS 42.74 350289 02/23/2017 UTILREFUNDS 33.96 350290 02/23/2017 UTILREFUNDS 44.31 350291 02/23/2017 UTIL REFUNDS 69.80 350292 02/23/2017 UTIL REFUNDS 42.36 350293 02/23/2017 UTILREFUNDS 76.12 350294 02/23/2017 UTILREFUNDS 21.60 350295 02/23/2017 UTILREFUNDS 70A2 350296 02/23/2017 UTIL REFUNDS 33.96 350297 02/23/2017 UTIL REFUNDS 36.98 350298 02/23/2017 UTIL REFUNDS 38.61 350299 02/23/2017 UTILREFUNDS 82.44 350300 02/23/2017 UTILREFUNDS 77.13 350301 02/23/2017 UTILREFUNDS 87.80 350302 02/23/2017 UTILREFUNDS 21.09 350303 02/23/2017 UTILREFUNDS 122.39 350304 02/23/2017 UTIL REFUNDS 80.06 350305 02/23/2017 UTILREFUNDS 56.67 P34 TRANS NBR DATE VENDOR AMOUNT 350306 02/23/2017 UTTLREFUNDS 85.73 350307 02/23/2017 UTIL REFUNDS 75.78 350308 02/23/2017 UTIL REFUNDS 75.78 350309 02/23/2017 UTEL REFUNDS 29.48 350310 02/23/2017 UTIL REFUNDS 11.98 3503I1 02/23/2017 UTIL REFUNDS 47.63 350312 02/23/2017 UTIL REFUNDS 16.61 350313 02/23/2017 UTIL REFUNDS 70.16 350314 02/23/2017 UTIL REFUNDS 77.14 350315 02/23/2017 UTIL REFUNDS 65.23 350316 02/23/2017 UTIL REFUNDS 70.82 350317 02/23/2017 UTIL REFUNDS 71.37 350318 .02/23/2017 UTIL REFUNDS 16.33 350319 02/23/2017 UTIL REFUNDS 95.45 350320. 02/23/2017 UTIL REFUNDS 69.80 350321 02/23/2017 UTIL REFUNDS 175.96 350322 02/23/2017 UTILREFUNDS 170.44 Grand Total: 1,733,985.65 6 P35 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1010784 02/17/2017 EVERGLADES FARM EQUIPMENT CO INC 610.25 1010785 02/17/2017 PARKS RENTAL & SALES INC 295.99 1010786 02/17/2017 SSES INC 215.50 1010787 02/17/2017 COLD AIR DISTRIBUTORS WAREHOUSE 210.68 1010788 02/17/2017 INDIAN RIVER BATTERY 1,783.20 1010789 02/17/2017 MIKES GARAGE & WRECKER SERVICE INC 55.00 1010790 02/17/2017 APPLE INDUSTRIAL SUPPLY CO 304.36 1010791 02/17/2017 SMITH BROTHERS CONTRACTING EQUIP 30.15 1010792 02/17/2017 GALLS LLC 663.61 1010793 02/17/2017 ALLIED UNIVERSAL CORP 2,623.95 1010794 02/17/2017 IRRIGATION CONSULTANTS UNLIMITED INC 590.52 1010795 02/17/2017 HILL MANUFACTURING CO INC 1,166.11 1010796 02/17/2017 GROVE WELDERS INC 1,274.10 1010797 02/17/2017 FIRST HOSPITAL LABORATORIES INC 1,257.75 1010798 02/I7/2017 DEERE & COMPANY 1,640.20 1010799 02/17/2017 COMO OIL COMPANY OF FLORIDA 566.33 1010800 02/17/2017 COMPLETE ELECTRIC INC 316.50 1010801 02/17/2017 FLAGLER CONSTRUCTION EQUIPMENT LLC 7,626.00 1010802 02/17/2017 SOUTHERN JANITOR SUPPLY INC 2,527.00 1010803 02/17/2017 CAPITAL OFFICE PRODUCTS 102.40 1010804 02/17/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 171.18 1010805 02/17/2017 HYDRA SERVICE (S) INC 12,974.00 1010806 02/17/2017 IMAGENET CONSULTING LLC 160.00 1010807 02/17/2017 NEXAIR LLC 46.64 1010808 02/17/2017 AT&T 2,965.06 1010809 02/17/2017 OFFICE DEPOT BSD CUSTOMER SVC 305.92 1010810 02/17/2017 WASTE MANAGEMENT INC 5,512.39 1010811 02/17/2017 COMCAST 84.90 1010812 02/22/2017 NORTH SOUTH SUPPLY INC 268.79 1010813 02/22/2017 UNIVERSAL SIGNS & ACCESSORIES 445.50 1010814 02/22/2017 COLD AIR DISTRIBUTORS WAREHOUSE 181.77 1010815 02/22/2017 MIKES GARAGE & WRECKER SERVICE INC 100.00 1010816 02/22/2017 APPLE INDUSTRIAL SUPPLY CO 94.04 1010817 02/22/2017 GALLS LLC 87.75 1010818 02/22/2017 NEC CORPORATION OF AMERICA 580.00 1010819 02/22/2017 4IMPRINT INC 1,228.54 1010820 02/22/2017 DUNKELBERGER ENGINEERING & TESTING 2,820.00 1010821 02/22/2017 COMPLETE ELECTRIC INC 353.04 1010822 02/22/2017 CAPITAL OFFICE PRODUCTS 408.03 1010823 02/22/2017 BENNETT AUTO SUPPLY INC 293.31 1010824 02/22/2017 PIONEER MANUFACTURING 840.00 1010825 02/22/2017 WRIGHT FASTENER COMPANY LLC 462.00 Grand Total: 54,242.46 P36 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4932 02/17/2017 BENEFITS WORKSHOP 2,644.14 4933 02/17/2017 MUTUAL OF OMAHA 16,428.77 4934 02/17/2017 IRC CHAMBER OF COMMERCE 10,643.55 4935 02/17/2017 WRIGHT EXPRESS FSC 20,157.08 4936 02/21/2017 I R C HEALTH INSURANCE - TRUST 163,704.92 4937 02/21/2017 FLORIDADEPARTMENT OF REVENUE 943.24 4938 02/21/2017 FLORIDA DEPARTMENT OF REVENUE 31,223.29 4939 02/21/2017 FLORIDA DEPARTMENT OF REVENUE 2,395.27 4940 02/21/2017 FLORIDA DEPARTMENT OF REVENUE 2,499.35 4941 02/21/2017 SCHOOL DISTRICT OF I R COUNTY 95,916.00 4942 02/22/2017 INDIAN RIVER COUNTY SHERIFF 501,500.00 4943 02/22/2017 IRC CHAMBER OF COMMERCE 53,991.77 4944 02/22/2017 MUTUAL OF OMAHA 4,245.00 4945 02/22/2017 CHARD SNYDER & ASSOCIATES INC 187.20 4946 02/22/2017 HEALTH ADVOCATE 772.20 4947 02/22/2017 BLUE CROSS & BLUE SHIELD OF FLORIDAINC 11,962.08 4948 02/22/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 23,376.60 4949 02/22/2017 INDIAN RIVER COUNTY PROPERTYAPPRAISER 256,250.49 Grand Tbtal: 1,198,840.95 P37 CONSENT AGENDA g� March 7, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 1, 2017 SUBJECT: Out of County Travel to attend the Public Safety Facilities Planning Seminar in Orlando, Florida FROM: Lisa Hill, Commissioners' Assistant On August 16, 2016, the Board approved Out of County Travel for Commissioners and Staff to attend the Public Safety Facilities Planning Seminar, September 15th and 161, 2016, in Orlando, Florida. After approval, registrations were not able to be made for this conference, but information was obtained that the same conference would be scheduled again in the spring. The spring seminar was scheduled for March 2nd and 3rd, and was attended based on approval granted for the fall seminar. It is requested that the Board ratify authorization for Out of County Travel for Commissioners and Staff to attend the Public Safety Facilities Planning Seminar, March 2nd and 3rd, 2017, in Orlando, Florida. P38 "7lsis information will save anyone planning any building construction time, money and beadaches." �, - Lc William Spaulding Newton. MA Police Department "You mustattetd,this seminar ifplanning to renovate or build a new facility. Ae information is critieaL" Chief Mike Bishop Longvieiv, 7X Police Department "7be bi.+tieminareilperlence and training -! have ever attended " = Sgr..Yolanda McClendon Ottli Ro4,:4R"Police Department "Me seminar is a mutt ityyoti have limited experience or ezpostar in the planning design or projeetmanagemett far a new facility. " ,Chief Kevin Breen Salem. NN Fire Department `Most importand)y -I wasgiven a struetrere or road map to follow and areas a resource as we move forward in ourproject." - Sheldon Schmitt Sitka Police Department, Alaska "7liem was so much valuable information with regard to planninga new E009-1-1 Center' Mere were a great deal of ideas to take back that we will incorporate." ` - Marilyn Gable Srrrpy Count�t Nebraskn T W CO ti r 'mss ^tea n 3 � ■SEMINAR OVERVIEW■ If you are contemplating a new or renovated facility within the next five years, our seminar will provide you with "must -have" information regarding the details involved in "Planning, Funding, and Obtaining New Public Safety Facilities." We will provide ,you with a step-by-step plan or "blueprint" to assist your department, agency or community in its quest to provide world-class public safety facilities for ,your citizens. The seminar includes a variety of speakers with proven expertise in the planning and design of specialized facilities such as Public Safety, Police, EOC. Fire, and Communication Facilities. Attendees will also receive educational materials that can only be obtained by attending this seminar. ■ DATES & LOCATION ■ This seminar will begin on March 2 at 8:00 a.m. and will conclude on March 3, 2017 at noon. Irwill beheld just north of Orlando at the Embassy Suitesby i-lilmn OdandoNonit in Altamonte Springs, Florida. The hotel is conveniently located near Cranes Roost Park and many retail stores and restaurants. ■ACCOMMODATIONS ■ Reservations can be made by calling the EmkimySuitesbMihcm Orlando North at 800.445.8667 To receive the special room rate of $109 a night, you inust use group code. "CPS" or rhe group name: "The Center for Public Safety" The special room rate will be available until February 8th or until the group block is sold -out. You can also book your room online by visiting http://bir.ly/2f4UDAp. ■ SEMINAR TUITION ■ Tuition for the two-day - seminar is $395• This includes all educational materials, lunch, transportation for facility tours, and a reception Thursday evening. Any cancellation, up to ten calendar days prior to the seminar is fully refundable. To reserve your space, send your completed registration form and tuition payment to "The Center for Public Safety." For more information, please visit our website at www.centerforpublicsaEery.org or call its at 407.647.0190. Enrollment is limited. so sign to early. ....r.�..._..__ Endorsed By: Florida police Chiefs Association, Florida Fire Chiefs Association, d the Winter Park police & Fine Departments. Sponsored by: Me Center for Public Safety, Inc, d-Arthitects Design Group Participation in the seminar u limited to current public sector employees and elected officials, r v 9 v a C o O4 } Y N ^ ❑ �Uo d ❑ 8 a o '0 N Y «1 w � -U O s iv E z w r, Qai v i; 0 0 y� y d U s a v Z z L• 'O o � o e �' O � 4. y C G" E o o t z E 3 o c V _ REGISTRATION J. Out of County Travel to Attend the Public Safety Facilities Planning Seminar in Orlando, Florida ---- (memorandum - - dated -- July 28,_20.11 99-106 __ ----------------------- -------------------------------------------- ___________ Authorized out -of -County travel for Commissioners and staff to attend the Public Safety Facilities Planning Seminar, September 15 and 16, 2016, in Orlando, Florida. K. Work Order No. 4 with Atkins North America, Inc. for Engineering Review and Summary of All Aboard Florida Drainage Reports and Calculations __(memorandum dated August 2, 2016) 107-114 ----------------------- RatifiWork Order No. 4 with Atkins North America, Inc. executed by the County Administrator per Resolution No. 2016-058; and authorized the Chairman to execute same, as well as any and all other documents necessary to effectuate the Work Order. L. Resolutions Canceling Taxes on Properties Purchased by Indian River County for Public Purpose (memorandum dated August 9, 2016) 115-129 -------------------------------------------------------------- ----- Approved -:--( Resolution 2016-066, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Jane Schnee); and (2) Resolution 2016-067, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Bent Pine Golf Club, Inc.) M. Miscellaneous Budget Amendment 024 __(memorandum dated August 10, 2016)_______ 130-139 Approved Resolution 2016-068, amending the Fiscal Year 2015-2016 Budget. N. Approval of Purchase Agreement with Kannact Inc, for Diabetes Management Supplies and Services __(memorandum dated August 9, 2016) 140-153 Approved the Purchase Agreement with Kannact, Inc., effective October 1, 2016 through September 30, 2019; and authorized the Chairman to execute same. O. Approval of BlueMedicare Advantage Renewal __(memorandum dated RAugust 9, 2016) _ 154.170 - Approved Ike- Alternative 1 for the plan year effective October 1, 2016 through September 30, 2017; and authorized the Chairman to execute same. P. Authorization of Selection of P25 Migration Project Vendor and Agreement for Service (memorandum dated August 9, 2016) 171-197 ------------------------------------------------------------------------------------------------------------------------ Board of County Commission Minutes Page 6 August 16, 2016 P41 CONSENT AGENDA August 16, 2016 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 28, 2016 SUBJECT: Out of County Travel to attend the Public Safety Facilities Planning Seminar in Orlando, Florida FROM: Lisa Hill, Commissioners' Assistant Out of County travel is requested for Commissioners and staff to attend the Public Safety Facilities Planning Seminar, September 15 and 16, 2016 in Orlando, Florida. Attachment 99 P42 £bd z' �, .fE A p ! �; E. .'1, q � ..,� a `a• � ` � � :`• •'" � °� 3"r' 1 g' T . t LS Q ,Cir _- ���tY'.• rj. 1 yam. •_, 'i �'�i ,,++' K � � �;: ..'! The Cutter for Puf lic Safety. Inc. — r Ro Box 598 o �, ,,, •n �. o v. _ U.S. P(M4r.WF, PUD Win.trr Park. Ilorida 32.790.059E j = �' a c C pitlp�rtx�Fi. zi t � , . tY• •-• '"- 1441!IIPdPlbthtutlP•wgl.lut.aulgl{igll{ILII{t;. 4alaao�eaoo*3_dIGFr329 220 Indian River Co Boa: s'• Mm I. 7arc IWI 271h $t WM Beath FL 32960-3388 * MCenter for Public Safety Research and Planning Planning, Funding and Obtaining New Public Safety Facilities Central Florida September 15 - 16, 2016 .Registration Information: Tuition for the two-day seminar is $395. This includes all educational materials, lunch, transportation for the facility tours, and a reception Thursday evening. Any cancellation, up to ten calendar days prior, to the seminar is fully refundable. A room block has been reserved at the Embassy Suites Orlando - North. To book accommodations, please call 800.445.8667. To receive the special room rate of $102 a night, you must use group code: "CP9" or group name: "CENTER PUBLIC SAFETY". The special room rate will be available until August 24th or until the group block is sold -out. You can also book your room online by visiting hip;//ti v I.c / ick3ysr Contact: 1. Stockton K. Reeves VI Telephone: 407.647.4190 / Fax: 407.645,5525 Mailing: P.U. Box 598 • Winter Park, Florida 32790 E-mail: info@centerforpublicsafety,org Web: www.centerforpublicsafety.org Please note that our Facility Planning Seminars are reserved Jbrpublic safety sector employees and elected officials only Co -hosted by: Center for Public Safety, Inc. and .?rchitects Design Group. Ir 7 Planning Semina;: "Planning, Funding and Obtaining New Public Safety Faciiifiest, September 15 & 16, 2016 - Orlando, Florida Name & Position: _. Department/Agency: Address: City, State, zip Phone: Fax: Email: Registration Fee Deadline: September 2, 2016 ❑ Yes, l will attend this seminar. E.7 Here is my Registration Form and Payment ❑ 1 regret that 1 cannot attend. Please Bend toe additiorot infornnti— Tuition payment rcquire4 to oanplete regiamdon. liow mr, pkase keep me on yuur list far futuma snn}ners / events. Which facility tour would you be interested in attending (Please check only one.) ❑ Pofice ❑ fire ❑ EOC L J Tuition payment required to complete registration. Check or money orders are acceptable, payable to "The Center for Public Safety, Inc." We accept credits cards. Please call for more information. www.centerforpublicsafety,org - info@centerforpublicsafety.org 101 P44 r Center for Public Safety Research and Planning Planning, Funding and Obtaining New Public Safety Facilities Central Florida September 15 -16,2016 PA7VMEN a Payment required to complete registration The $395 registration fee can be made by: Check Checks need to be written out to "The Center for Public Safety" Mail to The Center for Public Safety / PO Box 598 / Winter Park, FL 32790 Card Holder Name: Card Number: Expiration Date:_ Security Code. Billing Address. — City. State: - Zip Code: Phone Number: 102 P45 7/12!2016 Center For Public Safety CENTER FOR PURL C SAFEW The Center for Public Safety, Inc. Is a research and planning firm dedicated to assisting the public safety community with obtaining new facilities through our planning seminars,spatial needs assessments and master plans. HOME WHAT WE 00 SEMINAR REGISTRATION HOW TO CONTACT US Locations Seminar informadon If you are contemplating a new or remodeled facility within the next five years, our seminar will provide you with "must - Topics have" details involved in "Planning, Funding, and Obtaining New Public Safety Facilities," Speakers This seminar.ts designed for city and county administrators, public safety managers including police chiefs, fire chiefs and emergency management directors, and anyone responsible for decisions about planning, designing and constructing Quotes public safety facilities. We will provide you with a step-by-step plan or "blueprint' to assist your department, agency or community in its quest to provide world-class public safety facilities for your community. The events include a variety of speakers, tours of specialized facilities and educational materials that can only be obtained by attending this seminar. Click the following links to download a PDF Registration form for the Seminar you wish to attend Click Here to Download the Registration Form Click Here to Download the Seminar Brochure Our Co -host Company: TOP P Architects Design Group TOP Locations Central Florida - September 15-16,2016 TOP Topics Obtaining Professional Services What Is a Spatial Needs Assessment Involving Your Staff Master Planning and Conceptual Design Interior Design Considerations for 2417 Facilities Building Political and Community Support Multiple Levels of Security Specialized Areas Design Considerations i httpJlcenterforpublicsafety.oroeminarinfo.html 1 l4 103 P46 7/12/2016 Canter For Public Safety Police Fire - EOC and Communications Identifying and Pursuing Funding Opportunities Creating Sustainable Facilities Development Options The Construction Process Facility Survivability and Emerging Trends Contracts Interior Design Considerations TOP Speakers I.S.K. Reeves V. FAIA is a graduate of the University of Florida with a Bachelor of Architecture. In 1971, he founded Architects Design Group, Inc. in Winter Park, Florida and serves as its president and principal designer. Mr Reeves contributes his law enforcement and communications center expertise in the areas of Programming, Master Planning, Operation, and Design As Principal of Architects Design Group, Inc., he has acted in this capacity on over 120 law enforcement, communications/dispatch and public safety facility projects. Through his research and lecture series on color, building survivability, and design excellence, Reeves has been a featured guest speaker at architectural schools, design conferences, and professional organizations. His work and that of ADG have been published nationally and internationally recognized with design awards on the local, state and national level. Kevin Ratigan AIA, Is a graduate of the University of Detroit, and a member of the American Institute of Architects. Mr Ratigan is recognized for his expertise in pre -design planning services. During his twenty-seven year career, he has prepared Spatial Needs Assessments for numerous law enforcement entities and is paricularly knowledgeable in the areas of strategic planning and project construction delivery options. Among the important issues affecting how a law enforcement department will proceed with achieving a new facility is the pursuit of State and National Accreditation. Mr Ratigan is knowledgeable on all aspects of Facility Design Standards and how adapting standards to the facility, Ian Reeves, AIA, is the Law Enforcement Design Specialist for Architects Design Group, Inc. Mr Reeves received his Bachelor of Architecture from the University of New Mexico and a Master of Archlleclure from the University of Florida. Mr. Reeves has dedicated his architecture career to law enforcement facility design, and has served as project manager for numerous Law Enforcement projects for the last twelve years. Mr Reeves is a graduate of the City of Winter Parks Citizen Police Academy and the Orange County Citizens Sheriff Academy. He is a member of the International Association of Police Chiefs and the Florida Chiefs Association. Stockton Reeves is the Executive Director of the Center for Public Safety (CPS) an organization that provides research and planning expertise to law enforcement. fire services and emergency communications clients. He works with municipal, parish and county clients helping them to obtain voter approval for bond and voter referendum. He also works with candidates for public office. Mr. Reeves is a veteran of 103 candidate, bond and voter education efforts since 1992 He has also written, supervised and conducted political and issue polling in 17 different states across the nation. Over the past three election cycles, Mr. Reeves' candidates have been successful in 84.61 % of their efforts and campaigns. Mr. Reeves received his Bachelor of the Arts degree in Political Science from the University of Florida and his M.B.A. from the Crummer Graduate School at Rollins College and Is a member of The International Association of Law Enforcement Planners. TOP Quotes 'This was one of the best experiences I've had in my 30+ years of cnminaf justice experience The approach and attention to detail was unsurpassed. I recommend this seminar as the beginning point for any project especially early in conceptualization." Lt. Daniel Chitwood 104 htto:Hcenterforrwciiesafetv.oralseminari nfo.htm I 2J4 P47 7/12/2016 Center For Public Safety "Would strongly recommend this seminar for any agency considering a new facility" Chief Fred A.M. Cobb "Sending my Assistant Chief next year!" Chief Morris Westbrooks After seeing what was presented here, our Police Department is so bad it should be a crime.' Chief Gary Knowles 'Excellent -must attend if serious about planning a new facility.' Patrolman Christopher Stark All personnel involved in planning and building projects should attend this type of seminar" Director Randy Bengston "Valuable seminar on obtaining the necessary information regarding the entire process of building a new facility." Sergeant Thomas Falco, Jr. "Very good information to use when considering facility planning. The seminar covered many topics that one may not have been previously exposed to." Michael Pruitt, Training Coordinator 1 will be sanding my personnol to next year's seminar Additionally, I will be encouraging my City Manager to attend.' Chief David Sargeant Excellent first step in consideration ofhow to plan and design a building." Captain Greg Policastro With the lectures combined with the tours the seminar really provided a well rounded knowledge about the whole process." Chief Michael D. Healy `The knowledge learned about involving the community to get support behind your project is invaluable. l would recommend that City Hall staff attend this seminerso they have a better understanding of tha process." Sergeant Glenn Galt "Very well organized presentation of valuable information. Thoroughly detailed, explicit." Gene Heiman, AIA Definitely, attend whether you`ve got a project or not Every fire service administrator should attend this program," Fire Chief Harry Small "This was an excellent course and the handoutlmanua/ was fantastic." Commander David Rivero "This was not only a wonderful and informative presentation experience, it was a top notch chance to network with public safety professionals." Mayor Mecca Fink T was an eye-opener. A great deal ofinfarmation that will be extremely helpful during the process of securing a new facility." Capt. Rick Perez "The lourof the construction site was very enlightening. Speakers were very knowledgeable and enthusiastic." Jaime Torres Most importantly, t was given a structure or road map to follow and use as a resource as we move forward in our project." Lt. Sheldon Schmitt A very good overall took at fhe total process." Div. Chief Jeffrey L Haston "1 cannot express enough how this course has made the funding, planning, and SALES of all of these new projects possible. The insight and comprehensiveness of this seminar was irreplaceable." Bat. Chief Larrie Hedrick http://centerforpiNicsafely.orgfsemirtariNo.html 105 314 P48 7/12/2016 Center For Public Safety HOME REGISTRATION WHAT WE 00 SEMINAR INFORMAT'IUN, HOW TO CONTACT US copyright 2014 CENTER FOR PUBLIC SAFETY httoJ/certerforDubli csafeN.ordseminarirdo.htm I CPS Blog 106 414 P49 CONSENT: 3/7/17 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Remgold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: February 27, 2017 SUBJECT: Resolution Accepting Right -Of -Way and Cancelling Taxes on Property Dedicated by 1066 US HWY 1, LLC to Indian River County for 1 lth Street Right -Of -Way A resolution has been prepared for the purpose of accepting right-of-way and cancelling any delinquent or current taxes which may exist on the below listed property dedicated to Indian River County: Tax Parcel I.D. # cutout from 33-39-12-00015-0000-00003.9 Dedicated by: 1066 US HWY 1, LLC, a Florida limited liability company Project/Location: Shoppes at l lth/1066 US Highway 1, Vero Beach, FL 32960 Instrument: Warranty Deed, recorded in Book 3000, Page 501 Public Purpose: 11th Street right-of-way 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 accept the right-of-way dedication and to cancel certain taxes upon publicly owned land, 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 M P50 dedication of right-of-way (11th Street) for Shoppes at 11th project by 1066 US HWY 1, LLC RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY DEDICATION AND 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 P51 RESOLUTION NO. 2017 - 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. The dedication of right-of-way as described in O.R. Book 3000, at Page 501 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described lands, which were acquired for right-of-way from 1066 US HWY 1, LLC, a Florida limited liability company, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached warranty deed describing lands, recorded in O.R. Book 3000 at Page 501, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari 2 P52 RESOLUTION NO. 2017 - The Chairman thereupon declared the resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector $ APPROVED AS TO FORM AN L SU F .� 11E BY r WILLIAM K: DEBRAA'L DEPUTY COUNTY ATTORNEY 3 P53 cutout from Tax Parcel I.D. 33-39-12-00015-0000-00003.9 THIS INDENTURE, made this ao day of ' k)o- , 2017 between 1066 US HWY 1, LLC, a Florida limited liability company, Whose mailing address is 4 E. 80th Street, New York, New York 10075, hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose Mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE: WITNESSETH: That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other ,good and valuable consideration to GRANTOR .in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and in the Dresenge of:, signature printed n) 1066 US HWY 1, LLC, a Florida limited liability company By THE K dated i By - • J/i / signature: ////v printed n L sin By THE KIRK dated De �i • printed ►. - - i APPROVED AS TO FORM AN L L SLIFFICIE CY By IOWPIUTY O N. my :RTS TRUST 30, 1992 ITS MANAGER Co -Trustee S TRUST 0, 1992 ITS MANAGER Co -Trustee 3120170007106 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 3000 PG: 501 Page 1 of 4 2!8/2017 2:49 PM D DOCTAX PD $0 70 P54 STATE OF ,` COUNTY OFalw c.A The foregoing instrument was acknowledged before me this �26`44 day of vc 2017, by Kirk Roberts, as Co -Trustee of THE KEVIN ROBERTS TRUST drated December 30, 1992, who executed on behalf of and with the authority of said trust, which is a manager of 1066 US HWY 1, LLC, a Flordia limited liability company. He is either wn o or has produced _ (driver's license or passport) as identification. NOTARY PUBLIC ;P#rinted�ame l?,j a*d- C. A,44nCY, J,. (SEAL): .mmission No.: P<=041287 ;.�'��'`";1 RICHARD C. BITTNER, S', mission Expiration: j 1,j 3i+ 201 �* MY COMMISSION #FF041287 ",P OF EXPIRES July 31. 2017 b. :J 3980153 Flondallotaryselvice.com STATE OF F/&-,- o COUNTY OF W,0n -lam. jj The foregoing instrument was acknowledged before me this 26'� day of 2017, by Kevin Roberts; as Co -Trustee of THE KIRK ROBERTS TRUST defted December 30, 1992, who executed on behalf of and with the authority of said trust, which is a manager of 1066 US HWY 1, LLC, a Flordia limited liability company. He is either nown to or has produced 40A (driver's`ficense ro passport) as identification. NOTARY PUBLIC J4� - Tinted name: -c" C at'>F--Fne-r,Je.. (SEAL): Commission No.: Fro g1,) -T'7 ommission Expiration: 1 ply � I, 20 Q RICHARD C. BITTNER, JR. • ��, MY COMMISSION #FF041287 %.s�,.�cF,„.• EXPIRES July 31, 2017 (4071398.0153 FlorideNotaryservice.com P55 LEGAL DESCRIPTION FOR RIGHT OF WAY DEDICATION LFO4L M-SCRIPTIO/V- A PARCEL OF LAND LYING IN THE WEST ONE—HALF (1/2) OF LOT 3, OF VERO LAND COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 19, PUBLIC RECORDS OF ST. L UCIE COUNTY, FLORIDA. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. COMMENCE AT THE NORTHEAST CORNER OF THE NE1/4 OF THE SW114. OF THE .SE1/4 OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST; RUN WEST ALONG THE CENTERLINE OF IOth STREET A DISTANCE OF 663.80 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF SAID loth STREET AND THE SOUTHERLY EXTENSION OF THE EAST LINE OF AFOREMENTIONED LOT 3; THENCE RUN NORTH 01 °00'37" EAST ALONG THE EAST LINE OF SAID LOT 3, AND ITS SOUTHERLY EXTENSION, A DISTANCE OF 650.19 FEET TO A POINT THAT IS 12.00 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 89°56'17" WEST ALONG A LINE LYING 12.00 FEET SOUTH OF, AND PARALLEL WITH THE NORTH LINE OF SAID LOT' 3, A DISTANCE OF 591.37 FEET -TO THE BEGINNING OF A CIRCULAR CURVE CONCA VE TO THE SOUTHEAST, HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 90'.57'40'; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF .SAID CURVE, A DISTANCE OF 55.56 FEET TO A POINT OF CUSP WITH A CIRCULAR CURVE CONCAVE TO THE EAST TO WHICH A RADIAL LINE BEARS NORTH 89°06'03" EAST TO CENTER OF SAID CURVE, HAVING A RADIUS OF 4871.15 FEET AND A CENTRAL ANGLE OF 00°33'35';• THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.59 FEET TO A POINT ON SAID NORTH LINE OF LOT 3; THENCE SOUTH 89 56'17" EAST, NON—TANGENT TO LAST DESCRIBED CURVE, AND ALONG SAID NORTH LINE, A DISTANCE OF 627 13 FEET TO A POINT ON SAID EAST LINE OF SAID LOT ,3; THENCE SOUTH 01 '00'37" WEST, ALONG SAID EAST LINE, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. CONTAINING.• 7795.55 SQUARE FEET OR 0.18 ACRES f. MOMS. 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF -11S SKETCH OF LEGAL DESCRIPTION IS S89156'1 7 E ALONG THE NORTH LINE OF LOT 3 3 THE IIV ORMAT%ON WAS PROOVED BY 'ROBERTS EQUITIES, LLC" 4. ADDITIONS OR .DELFT/ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE_ SIGNING PARTY OR PARTIES /S PROH/B/TED WITHOUT WR/ITEN CONSENT OF THE SIGNING PARTY OR PARTIES. SURVEYORS CER77FICATION.- Hf Rc8Y ION- HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONS/BLE CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 5✓ -17, FLORIDA STATUTES AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND RELIEEF. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE .SIGNATURE AND THE OR/G/NAL RAISED SEAL `OF A FLORIDA LICENSED SURVEYOR AND, Q�IAPPER �� ®�� �� mer , OF i �: I' o o. DAIS7 6 PROFESSIONAL PROSIONAL LAND Fa SKM SURVEYORS pINC. Asa ,Di2, .6 RADW CGE HAN ROBERT BLtdO STE/ :J . - r-- 641 NORTHEAST SPENCER STREET ,2/s/iis me oommo s JENSEN BEACH, FLORIDA 34957 PROFESS/&kx YOR PHONE 772-334-0868 NO. 4134 '_4S1A.TE ORfD�I _- S"TCH TO ACCOMPANY LES DESQUPTION ',',,`' PREPARED FOR. ROBERTS EQUITIES, LLC SITE LOCATED: 1066. U.S. HIGHWAY NO. I VERO BEACH, INDIAN RIVER COUNTY, FLORIDA --- .- .11 - ) NOT VALID MWOUT SHEET 2 OF 2 M.c 071-7f)/rt- EXHIBIT "A" P56 P57 US H/GHWA Y NO 1 - STA TE ROAD NO.-5) 80' P,/W PER FD O. T. RIW MAP NO. 8801 — 150,206 !NEST L/NE OF LOT, 3 ® — — — R=4871.15' L=47.59' LNW CORNER OF LOT 3 D=00'33'35" N69 06'03"E (RAD/AL) --; R=35 0' L=55.56' D=90 57'40 o 0 SKETCH 4E DE SCRIRTIO POR v y RIGHT OF WAY DEDICATION �� a � A— { 00(, oo wo A_ V V o T U � � /�� � L J O oo OD �i Qj vi V v O s4 Q) O zo nl ti `C�y v O r W o o� (o (o 12' 35 �n 0 00 W W S0100'37"W 12 00' EAST L/NE OF LOT 3 AND /TS SOU THERL Y EXTENS/0N v SHEET 2 Of 2 (SCALE. l%-602 NOT VAUD WITHOUT S�/EET 1 OF 2 N01 '00 37'E 650.19' -L O ®STE POINT OF BEGINNING PROFESSIONAL LAND cfl NE CORNER OF LOT 3 SURRVEYORS INC. L° �'e W POINT OF COMMENCEMENT NE CORNER OF NE114, SW1/4, 641 NORTHEAST SPENCER STREET JENSEN BEACH, FLORIDA 34957 SE1/4 OF SECT/ON 12-33-39 PHONE 772-334-0868 P57 CONSENT: 3/7/17 Office of 19,E INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: February 27, 2017 SUBJECT: Resolution Accepting Right -Of -Way and Cancelling Taxes on Property Dedicated by POP Florida Properties, LLC to Indian River County for 11 Street and U.S. Highway l Right -Of -Way A resolution has been prepared for the purpose of accepting right-of-way and cancelling any delinquent or current taxes which may exist on the below listed property dedicated to Indian River County: Tax Parcel I.D. # cutout from 33-39-12-00017-0020-00009.0 Dedicated by: POP Florida Properties, LLC, a Delaware limited liability company Project/Location: Popeye's/1120 US Highway 1, Vero Beach, FL 32960 Instrument: Warranty Deed, recorded in Book 2998, Page 1668 Public Purpose: l lth Street and U.S. Highway 1 right-of-way 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 accept the right-of-way dedication and to cancel certain taxes upon publicly owned land, 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 P58 dedication of right-of-way (11th Street & U.S. Highway 1) for Popeye's project by POP FLORIDA PROPERTIES, LLC RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY DEDICATION AND 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 P59 RESOLUTION NO. 2017 - 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. The dedication of right-of-way as described in O.R. Book 2998, at Page 1668 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens -for taxes delinquent or current against the following described lands, which were acquired for right-of-way from POP FLORIDA PROPERTIES, LLC, a Delaware limited liability company, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached warranty deed describing lands, recorded in O.R. Book 2998 at Page 1668, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari E P60 RESOLUTION NO. 2017 - The Chairman thereupon declared the resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY; FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk 'Tax Certificates Outstanding — V111 Yes No Current Prorated Tax Received and Deposited with Tax Collector $ `� APPROVED AS TO-FOIR ALF ll'; Y � WILLIAM K..OEg�L . gSPUTY'00UNTY ATTORNEY 3 P61 cutout from Tax Parcel I.D. 33-39-12-00017-0020-00009.0 This document yeas prepared by asd.should be returned to the County Attorney's Office 190127th Street Vero Beath, Florida 32960 THIS INDENTURE, made this X day of Ja V�Cry , 2017 between POP FLORIDA PROPERTIES,, LLC, a Delaware limited libility company, whose mailing address is 3318 Forest Lane, Suite 200_, Dallas, Texas 75234, hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a politic I subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration .to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, .has granted, bargained and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying and being in Indian River County, Florida: See Exhibit "B" attached hereto and made a part hereof. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and delivered POP FLORIDA PROPERTIES, LLC, a in the presence of: Delaware limited liability company signature& -- /X printed nj� By signature1 Chief ecutive Officer printed n 3120170005802 APPROVED AS T _ FO RECORDED IN THE PUBLIC RECORDS OF - I I% G L� " JEFFREY R SMITH, CLERK OF COURT 1 INDIAN RIVER COUNTY FL BK. 2998 PG: 1668 Page 1 of 4 2!2/201711.34 AM BY '- D DOCTAX PD $0 70 WILLIAM K, D6 AAL DEPUTY COUNTY A1-r0RNr;Y P62 STATE OF -Gm COUNTY OF The foregoing instrument was acknowledged before me this , day of ` 2017, by Guillermo Perales, Chief Executive Office of POP FLORIDA PROPERTIES, ,LLC, a Delaware limited liability company authorized to do business in the State of Florida, who executed on behalf of and with the authority of said limited liability company. He is either personally known to me or has produced �ZtJc>,�rJ (driver's license or passport) as identification. (SEAL): �P JAMI ANN GRAF My Commission Expires November 14, 2019 'Ike amp IV NOTARY PUBLIC printed n me Commiss o.: Commission Expiration: tl 141 t I 2 P63 CO SKETCH OF LEGAL (NOT A SURVEY) DESCRIPTION CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING C 1 00'06'48" 4871.15' 9.64' 4.82' 9 64' N 00'08'06"E C 2 90'09'45" 30 00' 47.21' 30.09' 42.49' N 44'53'21 "W C 3 53'17'32" 25.00' 23.25' 12.54' 22,42' S 63'19'28"E NORTH LINE. LOT 1 BLOCK 2 LOT i BLOCK LINE BEARING DISTANCE AIL7S�E .D.C. CORNER L 1 N 00'11'30"E 23.53' 1"=30LOTARIOOCK2 w L 2 S 43'30'20"E 21.71' .-� SUBDIVISION L 3 S 1805'25"W 4.8.81' Q L 4 S .001 1 '30"W 3.08' W L 5 N 89'58'14'W 10.01' Z L. 6 N 00'11'30"E . 20 02' V o LOT ONE L 5 C3OT � L16 � LO 9 I -- Q BLOCK 2 II BLOCK 2 N LOTI TWO .m = I- h O UJI O o^ LOT 15 BLL"OCK 2 ( Lore BLOCK Z U I W Q y1 = a z _ LOT 14 LOTS BLOCK 2 .1 BLOCK 2 CA d C)(::) I LL! O I_ be LOTITHREE 0 IQ- °D Lor is LOT 10 BLOCK 2I BLOCK 2 V P.O.B. 0 ui --j LOT 12 LOT 11 I-- -- tp BLOCK2 SLOCK2 0 Lu ,SE CORNER Z BLOC 2 =i V SOUTH LINEI BLOCK 2 RADIAL L N 8958 14 W NORTH RIGHT OF WAY LINE 11TH. ST. S 8955'78'£ s C3 254.92' 11 T14 STREET 4871. 75 35'R/GHT OF WAY (PLAT) EXHIBIT "B" RIGHT OF WAY DEDICA-RON LEGAL DESCRIPTION SKETCH OF GRAPHIC SCALE DESCRIPTION so 0 zs 30 SKETCH OF LEGAL DESCRIP770N NOT A BOUNDARY SURVEY - PROJ. NO. 14 -04B -L3 -RIND DATE: 12-0'S-16 North { IN FEET ) 7 inch = 50 ft. DWN. BY: C.H.B. PLAT OF SURVEY FOR; WAWA REAL ESTATE CKD. BY: S.P.T. THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE MEFur-mAN SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LAND SURVEYORS REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH 1717 INDIAN RIVER BLVD, SVITE 201 SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE VERO BEACH, FL. 32960 LB#6905 ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL PHONE: 772-794-1213, FAX. 772-794-1096 AND COMPLETE WITHOUT ONE ANOTHER. ENTAIL: MLS.LB6905QGMAIL.COM ,�••e�/—}cam .on�.ow..ov..w.,.m a nor�.es,.a.e a.v oeoicmw,x...ew a.ww,. ,awx,a v.".a w PAGE 1 ' O F 2 P64 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. Project # 14-048-1_3 • TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY " THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE. SITTLE & STODDARD, INC. L.8. #6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201, VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONS18LE CHARGE - CHARLES H. BLANCHARD, P-S.M. #5755 EXHIBIT "B" RIGHT OF WAY DEDICATION LEGAL DESCRIPTION Legal Description: A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST AND ALSO BEING A PORTION OF BLOCK 2, OF CASA Rio SUBDIVISION, AS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 81 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, OF CASA RIO SUBDIVISION, ACCORDING TO A PLAT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 81; THENCE RUN SOUTH 00'13'44" WEST (BASIS OF BEARINGS) ALONG THE EAST LINE OF SAID BLOCK 2, A DISTANCE OF 592.11 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 2; THENCE LEAVING SAID EAST LINE OF BLOCK 2, RUN NORTH 8958'14" WEST ALONG THE SOUTH LINE OF SAID BLOCK 2, A DISTANCE OF 254 92 FEET TO A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE TO THE EAST, THE RADIUS OF WHICH BEARS SOUTH 8955'18" EAST, A DISTANCE OF 4871.15 FEET AND THE EAST RIGHT OF WAY LINE OF U S. HIGHWAY No.1, AS IT NOW EXISTS PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION No. 8801-150,206; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'06'48", AN ARC DISTANCE OF 9.64 FEET TO THE POINT OF TANGENCY; THENCE RUN NORTH 00'11'30" EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 23.53 FEET TO A POINT; THENCE RUN SOUTH 00'11'30" WEST, A DISTANCE OF 3.08' FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 30.00 FEET AND THE POINT OF BEGINNING; THENCE LEAVING SAID EAST RIGHT OF WAY LINE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'09'45", AN ARC DISTANCE OF 47.21 FEET TO THE NORTH RIGHT OF WAY LINE OF 11TH STREET AS IT NOW EXISTS; THENCE RUN NORTH 8958'14" WEST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 10.01 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53'17'32", AN ARC DISTANCE OF 23.25 FEET TO THE SAID EAST RIGHT OF WAY LINE OF U.S.HIGHWAY No.1: THENCE RUN NORTH 00'11'30" EAST, A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 133.00 SQUARE FEET (0.003 ACRES) MORE OR LESS. NOTE; Legend & Abbreviations: THIS SURVEY WAS PREPARED WITH THE BENEFIT OF (symbols not scaleable TITLE WORK SUPPLIED BY STEARNS WEAVER MILLER WEISSLER ALHAOEFF & SITTERSON, P.A, DATED 12-21-15 AND SIGNED BY GEORGE A. PINCUS FOR THE ABOVE SAID FIRM_. SKETCH OF DESCRIPTION PLAT OF SURVEY FOR: WAWA REAL ESTATE IViEi9ICDIAN L_AN01SIhiVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 kr PHONE. 772-794-1213, FAX: 772-794-1096 EMAIL: MLS.LB6905@G1v1AIL.COM •'WwuQtMNt� N6A�w-wOL1Atro�1wWWOTi IOPEK9WNR.wW Ol�q�TOn.�M18S.I( lga�f. �YMtppykW Y1 for size) PLS - PROFESSIONAL LAND SURVEYOR PSM - PROFESSIONAL SURVEYOR & MAPPER L13 - LAND SURVEYING BUSINESS - CENTERLINE N1- MEASURED VALUE P - PLAT VALUE CR - COUNTY ROAD R/W - RIGHT OF WAY O.R.B. - OFFICIAL RECORD BOOK P.O.C. - POINT OF COMMENCEMENT P.0.0 - POINT OF BEGINNING MHWL = MEAN HIGH WATER LINE SKETCH OF LEGAL DESCRIP 77ON THIS SUR%EY,,4$•_F40T."S JU(X-'WYHbUd THE SIGMA TIi'AA'ND'TAE%�lRiGldni'RAtSEtS;SEAL OF THE".fLQ ti6A;lI:.E44? RJkVEYOR )kq (CAPPER - CHARLES, ,�C "Rd, PAGE 2 OF 2 P65 Consent Agenda Indian River County F Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: February 24, 2017 Subject: Miscellaneous Budget Amendment 009 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The Property Appraiser has submitted 2 approved budget amendments from the Department of Revenue for FY 16/17. The first amendment adjusts the Elected Official's salary and benefits for $644 and the second provides cost of living adjustments/merit increases along with benefits for a total of $ 98,618. These additions have been adjusted for the reduction of health insurance in the amount of $22,800. The reduction of the OPEB by $14,606 had been made previously. The attached entry appropriates the increases to the various funds. P66 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P67 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 009 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Land Acquisition Bond/Cash Forward -Oct 1st 245039-389040 $1,413 $0 Solid Waste/Cash Forward -Oct 1st 411039-389040 $2,188 $0 Gifford Streelights/Cash Forward -Oct 1st 181039-389040 $24 $0 Laurelwood Streetlights/Cash Forward -Oct 1st 182039-389040 $4 $0 Rockridge Streelights/Cash forward -Oct 1st 183039-389040 $4 $0 Vero Highlands Streetlights/Cash Forward -Oct 1st 184039-389040 $25 $0 Vero Lake Estates Streetlights/Cash Forward -Oct 1st 185039-389040 $50 $0 Vero Shores Streetlights/Cash Forward -Oct 1st 190039-389040 $2 $0 Ixora Park Streetlights/Cash Forward -Oct 1st 191039-389040 $4 $0 Poinciana Streetlights/Cash Forward -Oct 1st 192039-389040 $4 $0 Roseland Road Streetlights/Cash Forward -Oct 1st 193039-389040 $7 $0 Moorings Streetlights/Cash Forward -Oct 1st 195039-389040 $13 $0 West Wabasso Streetlighting/Cash Forward -Oct 1st 199039-389040 $5 $0 Expense General .Fund/Budget Transfer -Property Appraiser 00150086-099060 $57,578 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $57,578 Emergency Services District/Budget Transfer -Property Appraiser 11412022-099060 $7,848 $0 Emergency Services District/Reseive for Contingency 11412022-099910 $0 $7,848 Land Acquisition Bond/Budget Transfer -Property Appraiser 24511786-099060 $1,413 $0 Solid Waster/Budget Transfer -Property Appraiser 41121734-099060 $2,188 $0 Oslo Park StreetlightBudget Transfer- Property Appraiser 18028041-099960 $17 $0 Oslo Park Streedights/Reserve for Contingency 18028041-099910 $0 $17 Gifford Streelights/Budget Transfer -Property Appraiser 18128081-099060 $24 $0 Laurelwood Streetlights/Budget Transfer -Property Appraiser 18228081-099060 $4 $0 Rockridge Streelights/Budget Transfer -Property Appraiser 18328081-099060 $4 $0 1 of 2 P68 Exhibit "A" Resolution No. 2017 - Budget Office Approval: Budget Amendment: 009 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease Vero Highlands Streetlights/Budget Transfer -Property Appraiser 18428081-099060 $25 $0 Vero Lakes Estates Streetlights/Budget Transfer -Property 18521481-099060 $50 $0 Appraiser Vero Shores Streetlights/Budget Transfer -Property Appraiser 19028081-099060 $2 $0 Ixora Park Streetlights/Budget Transfer -Property Appraiser 19128081-099060 $4 $0 Poinciana Streetlights/Budget Transfer -Property Appraiser 19228081-099060 $4 $0 Roseland Road Streetlights/Budget Transfer -Property Appraiser 19328081-099060 $7 $0 Moorings Streetlights/Budget Transfer -Property, Appraiser 19528081-099060 $13 $0 West Wabasso Streetiighting/Budget Transfer -Property 19928081-099060 $5 $0 Appraiser 2of2 P69 Ruth Bommarito From: Diana Staar <dstaar c@ircpa.org> Sent: Tuesday, September 27, 2016 5:00 PM To: Diane Bernardo; Elissa Nagy; Michael Smykowski; Ruth Bommarito Cc: Clemenzi, Debbie; Kathryn Barton Subject: FW: 2016-17 Salary for Elected Official Attachments: PINDIAN RIVER 9-20-16.pdf Good afternoon Please find attached the budget amendment for the Elected Official salary increase and corresponding FICA and retirement calculations. Please let Debbie or myself know if you have any questions. Thank you Diana Staarl CFE Indian River County Property Appraiser's Office 1800 27th Street Vero Beach, FL 32960 Ph: 772-226-1476 email: dstaar@ircpa.org Fax: 772-770-5087 From: Jamie York [mailto:YorkJa@dor.state.fi.us] Sent: Tuesday, September 20, 2016 5:03 PM To: Diana Staar; Clemenzi, Debbie Subject: 2016-17 Salary for Elected Official Please find attached a budget amendment which reflects the 2016-17 salary adjustment as calculated by the Office of Economic and Demographic Research. The benefits have also been adjusted due to this change in salary. Please let us know if you have any questions, or issues. Thanksl Cathy Galavis, Budget Supervisor Property Tax Oversight Program (850)617-8845 Jamie York Staff Assistant Florida Department of Revenue YorkJa(a-),dor. state, fl.us (850)617-8844 P70 N/A OFFICIAL (Approval Pursuant to Section 195.087(2)FS.) DR -404 PA &3/09 Effective21/12 PROPERTY APPRAISER BUDGET AMENDMENT/TRANSFER County Indian River Request Number DOR Official David C. Nolte B/A X B/r Budget Year Ending September 30, 2017 Date 09/20/16 W-11, gx i�v,a v g REQUEST Positions Rate CATEGORY/LINE ITEM'DESCRIPTION LINE ITEMJUSTIFICATON AMOUNT ' r �Wgo , g CODE OR Iy t Z-1111, W -11 -WE M"MIL Elected OfficiaPs Salary lRegular 1100 EDR CalcuIAions V'- 1k EAMON �"��.�.r, �.. ,:1, FICA.,... 2152 EDR Calculations' 1� Elected OfficiaPs Retirement .2251 EDR Calculations N 012T ,F; . . ;; . X Ta-mm"gomw 4 M so 01-1 0-mlln � N/A OFFICIAL (Approval Pursuant to Section 195.087(2)FS.) CL :x'4!5 F - Fl C ;, � 'S ri[ :,gip W n., a MUM - Ay . •.�:`�...�,.=i cs,'�`^- � .�'%c ,0.5 `' Nv7 �--�a3 a -:i:.w.7_ =3; sn. • ?.sa'lie. . q• r,i ;= ' a.,.,. eFg>�t$.�J ��ts, �Tm; ,�,,T- .;'-. 7; Y t' Cb U ryy1F;''`-^'Y.eSV+Cs` , . - YJ,*s, �-1 r �k,,33���T., �-�`•.-S�x�� �a�2�t�/r/?? [ ��,.:-h�55,,..ss�� ��'._=5� r.FL. .r3''" dr'� �,`..'. C� •�', `�*.-Lm -5, c tj`. "' r7 a'S _�1? �" n S. its l>" , ,. g, K' '1.3� -"�5.� .-.•f" 5.,�1...,`�`q '�-' �.�i -.� �:;�� � :.�'�Fx.�['nrR.r�= ?� a.: i:;� , ; 'a."r.':b; .;•.4^M,. ::,F:>..,;. sY •� 3 _ ;40"'fJ r. � �`i `��»���.=' •.%l=Tr' u'-Sna�yt.'`,� .� �"55�-�2 `. ' ,• '{ 9 � d G � �+"-.?. [71 3 '�' t� "� %�•?c�. - '�% T�'�,J`-.� r K is e' S1lF ?w .�° .^' ''�j:.e�y4:;'/!'.! ri-^roV4�'vr 1]!�`'^..'k�.^.+ �Y•.�„.i`,$i.a.=...-.�.`"z" <eBOOM. Ea ,^��.3.L -''. syv2�`.'Fr:`:a�tit FIC,,',+L•,_,-',,�•, "`=om't.3�� WE'_ xe7?-�, C' �.`z' ,.:�.y'-.'aa . �[�to-"s:. ti. '.dis{au,".s�scya .'S•"�Ffy {F�„;n ^'b�r- R,-.�^�”,ytE -.�`- ��.!'.�:-:,��'"yr•.�,- ' • I t F 111 �-����- 1 111 .' f M • 111 ������� 11 t • _ t. _: J$� f yy_ .' 111 ������� '•' 1'1'1 �1�*arc, • • ' �� I ��a'J��� September 21, 2016 David C. Nolte, ASA INDIAN RIVER COUNTY PROPERTY APPRAISER WE ARE HERE TO SERVE YOUI 1800.271h Street m Vero Beach, FL 32960 Michael Smykowski Director Management and Budget 1801 27" Street Vero Beach, FL 32960 RE: 2016-2017 Budget Dear Mike, SEP 2 o 7016 In compliance with Section 195.087(1) (b), Florida Statutes, please find attached the amended budget for the 2016-17 IRC Property Appraiser's office for the period of October 1; 2016 through September 30, 2017. This amended budget is a result of the guideline furnished by your office in regards to the cost -of -living adjustment (COLA) of 3% that the Board of County Commissioners has approved. It also includes a budget increase for the merit raises with an average increase of 1.2% I certify that the information contained herein is a true and accurate presentation of our work program. Sincerely, moi►_/ „ / David C Nolte ASA Property Appraiser Enclosures (772) 567-8000 0 Fax: (772) 770-5087 htta:t www.ircoa.oro P75 (Appr"4 PROPERTY APPA_ A'(SEk BUDGET- AmmiDmENTjTRANSFER Coantr.hidianRiner Budget year ending, 2016-2dx7. Ile A DaE 2016 CATEGORY/ UNEVEMPESMUPrION LWENEM JdSTMC.A-noN. CDDE REQULqT ro4m. QNS—I RATE—&3M AMIC).L'NF:T:: +OR(.) (DOR Use Onlyy, APPROVAL POSITIONS. RATF.--�� ................. ORt Employpi Regeialr — ��rilm 12COLA of3Dloand.MdiftofL20/oincrease with 83345 guldelbe fibrtic-, Purdy- FICkRegular 2152 COI-Aof'S%aE!d'Mqtk.ofUu/�-itkaeasi.vdtik 2826 k1gine from poppw Refiredient."-.-. Io' ee 2253 COL—A a 30/5 aitd Merit of L2% increase with 3449 gnidelifte from Cmpty DROP 2254'COIA.df 30/6 and-bliftdt of 1.2%-iaaiease with 650. SMS/SES' 2253. COLA. Of 376 and Merit of increase with .3496"deliae1, -LZvlo Imm'Counly. •-TOTAL (Appr"4 "VDIAN RIVER COUNTY — _ BUDGET FISCAL YEAR 2016-2017 APPROFRYATION.CATECsORY/ OBJECT CODE ; ' ORIGII�tA'[:; BUDGE] - BA #1 BA#1r, I301t - 9�9j16° • BA�BT4 :B�/B7'!� - DATE 'DATE - BA�BT# • BA/Bl'# . 'BA%SI4f 4URRENi+'_ Dl1TF DATE• �^ :DA - TE •�BUDGIsT` NUMBER OF POSITIONS 38 38 ANNUAL SALARY RATE $2,108,391 $448 $83,345 $2,192,184 PERSONNEL SERVICES 110FFICIAL $123,991 $448 $124,439 12 EMPLOYEES(REGULAR) 11984,400 83,345 2,067,745 13 EMPLOYEES RAR MOW 68,350 14 OVERTA2E 0 0 15 SP�ECIAL PAY 33,000 33,000 k. - - - ` 2152FICA-REGULAR 163,414 6 6,376 - - 169,796 21M FICA - OTHER 5,229 5,229 •22 RETIREMENT - _ .. _ - " _ - - 2251IMTMEME TT -OFFICIAL SZ659 190 52849 2252REPI EMl3NT-EMPLOYEE 117,831 117,831 2253 94S/SFS 69,773 8,2.37 78,010 2254 DROP 16,108 660 16,768 23 LIFE & HEALTH INSURANCE 383,322 - - 383,E 24 WORKER'S COMPENSATION 0 0 25 UNEMPLOYMENT COMP. I0A00 10,000 TOTAL PERSONNEL SERVICES $3,02$077 $644 $88,618 $0 $0 $0 $0 $0 $3,127,339 OPERATING EXPENSES >3]:.PROFESSIONAUSERVICES�:.- � . --- • •.. .. - _ ._ _ - .. - 3151 EDP SERVICES $0 - - $0 3152 APPRAISAL SERVICES 0 0 3153 MAPPING SERVICES 0 0 31% LEGAL SERVICES 50,000 sm 3159 OTHER PROFESS. SERVICES 0 • 0 • • 1 • I 111. 111-_-���- +'+'+ • • �I• • �; «a 1,11------- I hl • 1IT • • « F,.. . • « •I----�-� .• « 1:. 1 11•I �--�--_ 1 11.1 • t � 1� 1: �• 7 11' 111---�-�- 111 rn rl a . .. ._ • • 08 CT=CODE. ... .. jE, .. '• . .... .. _BUDGET_ DOR :. r .♦ •. ��9/Z9f 26 •DATE' r -.,fir}. i pA' _ •ter _may DATA', �-7�r �� 7r�• '. DA'T`E •DATE ' - •BUDGET =; ' CAPITAL OUTLAY .. ..-. .a. ...r a ♦:z a •.e .• 7 i••- m„ - _ ,,�.• �.,�y�,���Y ..�a�'.114�iG1CZioi'�tFJ1t,;�+b+ti��'G� a' ...fie � J,. ; i 77 r'.' x s,'sv Y y•, :i',.y-,Z•,} y. a -a..rai'•. :` • _'zvyy.:y may, �`3' +tJ ... �.. • tc • :...?"lk'' > ���ti�.•7a' r�..- yia .1 : • wr�.e lv �a AS �': • .�_' . x'Q�a o o. •.•ice 'y —: 7{ � J. _� j i x • ?' "'.., ..._ a• �+'4 rt M F�c'.i tapi ..tz �.. _.-:', 6451 IDP EQURWENT $10,000 $1000 6452 OFFICE FURNITURE 0 0 6453 OFFICE EQLAPMENT 2.000 2,000 64MVEHICLES 30,000 30,000 65 BOOIG9 0 0 68 INTANGIBLE ASSETS 0 0 TOTAL CAPITAL OUTLAY $42,000 $0 $U $0 . $0 $0 $0 $0 $42,000 NON-OPERATING 91 EDP CONTRACT RESERVE $0 $0 92 017M CONTRACT RESERVE 0 0 '93 SPECIAL CONTINGENCY 0 0 94 EIVMGENCY CONTINGENCY 0 0 TOTAL NON-O?ERARATING $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL $3,%3,277 $644 $98,618 $0 $0 $0 $0 $0 $3,632~539 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: February 28, 2017 Subject: Miscellaneous Budget Amendment 010 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On January 17, 2017, the Board of County Commissioners approved the Sheriffs request to purchase equipment for the Correction Officers from the Special Law Enforcement Trust Fund. The attached entry appropriates funding in the amount of $80,822 from Special Law Enforcement Fund/Cash Forward -Oct 1St 2. On October 4, 2016 the Board of County Commissioners approved a Joint Participation Agreement (JPA) with FDOT Service Development Grant in the amount of $166,667. Additionally, on October 18, 2016, the Board also approved JPA's with FDOT Section 5339 Public Transportation Capital Funds in the amount of $380,624, Section 5311 Rural Service Funds in the amount of $66,583 and Block Grant Funds in the amount of $445,913. The attached entry appropriates the grants. 3. Overtime has become necessary in the Soil & Water Department, which will be reimbursed to the County from the Soil & Water District. The attached entry appropriates funding in the amount of $1,122 for overtime and benefits from General Fund/Reserve for Contingency. 4. A replacement DVR recorder is needed in the County Administration Building. Additionally, security cameras are needed at our cell tower sites. The replaced DVR will allow all three cell tower sites' security systems to be connected to the server located in County Administration Building. The attached entry appropriates funding of $34,853 from General Fund/Reserve for Contingency. 5. On February 7, 2017 the Board of County Commissioners approved the construction of the courthouse,judge security upgrades at an estimated cost of $ 396,750. Additionally, the Board approved Amendment # 2 in the amount of $2,875 from Masteller & Moler, Inc. to provide planning, design and permitting services for exterior security improvements to the county courthouse. The attached entry appropriates funding in the amount of $399,625 from Optional Sales Tax/Cash Forward -Oct 1St to Optional Sales Tax/Facilities Maint/Courthouse Judge Security- Acct # 31522019-066510-16033. 6. The Florida Department of Labor has invoiced the county for unemployment compensation for the quarter ending September 30, 2016. The attached entry appropriates $320 from Utilities/Cash Forward Oct 1St P80 Board of County Commissioners February 28, 2017 Page 2 of 2 7. Service awards have been extended to all County employees who qualify. The attached entry appropriates funding from General Fund/Reserve for Contingency in the amount of $2,100. 8. On February 7, 2017, the Board of County Commissioners approved expenditures of $100,000 from the County's Tree Ordinance Fund for the installation of landscaping improvements within the south US 1 median. The attached entry appropriates the funds from Tree Ordinance Fund/Cash Forward -Oct 1St 9. On February 14, 2017, the Board of County Commissioners approved the Business Agreement Amendment with PerSe' Technologies Services, Inc. The attached entry appropriates $10,872 from Emergency Services District/Reserve for Contingency. 10. On February 21, 2017, the Board of County Commissioners approved the NexusWorx-Fiber Documentation System -Implementation and Pilot project. The attached entry appropriates funding in the amount of $ 59,750 from MSTU/Reserve for Contingency. 11. On February 21, 2017, the Board of County Commissioners approved the bid award of the Hunter Education Classroom. The attached entry appropriates $144,000 in additional FWC grant funding. 12. Each year, the budget office has held the Tax Collector's budget at a specific amount. Because the Tax Collector is a fee officer, all fees collected for the year are returned to the County. The net amount budgeted is no longer sufficient to cover their budget. The attached entry appropriates $80,000 from General Fund/Reserve for Contingency and $16,000 from Emergency Services District/Reserve for Contingency to make up the shortage for the current year. 13. Additionally, the Tax Collector has submitted a budget amendment to the Florida Department of Revenue to increase their budget by $120,000. The increases include $4,000 for additional internet speed for uploading data, $20,000 for the annual support of a new remittance processing software and Opex Falcon V and $96,000 for a new Opex Falcon V processor and a new server for the remittance processor. These items will be paid out of excess fees but will be noted as an increase to the current year budget. 14. Rental Assistance has been awarded additional monies from the US Department of Housing and Urban Development for the Section 8 Housing Choice Voucher Program. The attached entry appropriates funding of $343,044. P81 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By Deputy Clerk Joseph E. Flescher, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P82 Exhibit "A" Resolution No. 2017 - Budget Office Approval: Budget Amendment: 010 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Special Law Enforcement Fund/Cash Forward -Oct 1st 112039-389040 $80,822 $0 Expense Special Law Enforcement Fund/Sheriff-Law Enforcement 11260086-099040 $80,822 $0 2. Revenue General .Fund/FTA Section 5339 Grant -SRA 001033-331424 $380,624 $0 General Fund/FTA Section 5311 Grant -SRA 001033-331423 $66,583 $0 General Fund/FTA Section 5307 Grant -SRA 001033-331410 $612,580 $0 Expense General Fund/Agencies/Community Transportation Coordinator/SRA 00111041-088230-54001 $1,059,787 $0 3. Expense General Fund/Soil & Water/Overtime 00111837-011140 $1,000 $0 General Fund/Soil &Water/Social Security 00111837-012110 $62 $0 General Fund/Soil & Water/Retirement 00111837-012120 $45 $0 General Fund/Soil & Water/Medicare 00111837-012170 $15 $0 General Fund/ReserveforContingency 00119981-099910 $0 $1,122 4. Expense General Fund/Facilities Maintenance/Other Machinery & Equipment 00122019-066490 $34,853 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $34,853 5. Revenue , Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $399,625 $0 Expense Optional Sales Tax/Facilities Maint/Courthouse Judge Security 31522019-066510-16033 $399,625 $0 6. Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $320 $0 1 of 3 P P83 Exhibit "N' Resolution No. 2017 - Budget Office Approval: Budget Amendment: 010 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease Expense Utilities/Water Distribution/Unemployment Compensation 47126936-012150 $320 $0 7. Expense General Fund/Human Resources/Employee Awards 00120313-012190 $1,600 $0 Generall Fund/Human Resources/Other Promotional Expense 00120313-034820 $500 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $2,100 8. Revenue Tree Ordinance Fund/Cash Forward -Oct 1st 117039-389040 $1,00,000 $0 Expense Tree Ordinance Fund/Other Professional Services 11721072-033190 $100;000 $0 9. Expense Emergency Services DistrictlFire Rescue/Other Professional Services 11412022-033190 $10,872 $0 Emergency Services District/Reserve for Contingency 11412022-099910 $0 $10,872 10. Expense MSTU/Telecommunications/Other Professional Services 0043487-033190 $59,750 $0 MSTU/Reserve for Contingency 00419981-099910 $0 $59,750 11. Revenue Optional Sales Tax/FWC Grant/Hunter Education Classroom 315033-331700-16017 $144,000 $0 Expense Optional Sales Tax/Parks/Hunter Education Classroom 31521072-066510-16017 $144,000 $0 12. Expense General Fund/Budget Transfer -Tax Collector 00140086-099070 $80,000 $0 Emergency Services District/Budget Transfer -Tax Collector 11412022-099070 $16,000 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $80,000 Emergency Services District/Reserve for Contingency 11412022-099910 $0 $16,000 2of3 P84 Resolution No. 20117 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 010 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 13. Revenue General Fund/Cash Forward -Oct 10t 001039-389040 $120,000 $0 Expense General Fund/Budget Transfer -Tax Collector 00140086-099070 $120,000 $0 14. Revenue Section 8/HUD Low Income Housing Assistance 108033-331670 $299,714 $0 Section 8/HUD Section 8 Grant -Admin Fee 108033-331671 $43,330 $0 Expense Section 8/Rental Assistance/Rental Assistance Payments 10822264-036730 $299;714 $0 Section 8/Rental Assistance/All Office Supplies 10822264-035110 $43,330 $0 P85 CONSENT AGENDA IN INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 27, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Michael Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Declaration of Excess Equipment as Surplus for Sale or Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with .Florida Statutes and Finance Policies. As authorized .by the Board, the items will either be held in storage until the next scheduled auction or sold by online auction. The funds received from the sale of these items will be returned to the appropriate accounts. RECOMMENDATION: Staff recommends the Board declare the items on the attached Excess Equipment List as surplus and authorize their sale and/or disposal as indicated. There is no cost to the County associated with this request. ATTACHMENT: Excess Equipment List Dated March 7, 2017 P86 (Dept Q =Asset IFleet Description VIN/Serials [Workingl 300 201040 KIP 1030 Eng Copier w/Stand (Plat Copier) N/A Y 300 15669 Model 301 Densitometer 19790 N 300 1147310 Audio Visual System n/a No 106 2 Filing Cabinets -S Drawer, no lock Y' 106 2 office chairs with arms y 106 2 rolling office chairs on casters, fabric Y 106 Black Eleather Executive Chair Y 106 Blue vinyl lab chair with arms and front arm over front of chair Y 106 Filing Cabinet- 4 Drawer w/ Lock and Key Y 106 HP DeskJet 712c MY951151C8 Y 106 HP DeskJet 932c MXOB615OTQ Y 106 HP DeskJet 940C MX16F6F060 Y 106 22315 HP LaserJet M1212NF CNG98DTONK N 106 Metal chair, armless y 106 Office chairs, no arms y 106 Sony DVD Player / Video Cassette Recorder Model No. SLV-D350P 316634 Y 112 Cannon Scanner KAMA11915 N 112 Metal Literature Display Rack Y 208 23050 Dell Inspiron 9400 Laptop 6LRLR91 N 214 23333 Dell Computer 00045-637-106-793 N 217 21692 1 PBX Telephone System 236 23021 Dell GX520 Computer D7GOC91 N 244 21374 Dell Optiplex N 244 22375 Dell Optiplex N 244 24308 Dell O ti lex N 245 22552 Hi Star Traffic Counter 4048528 N 245 22555 Hi Star Traffic Counter 5029961 N 245 22902 NC -17 Highstar Traffic Counter 5061721 N 245 22915 NCA7 Highstar Traffic Counter 5031335 N 400 Dell Optiplex GX620 5DY6KN1 N 400 22944 Modular Work Stations y 400 22945 Modular Work Stations y 400 101300 Modular Work Stations y 500 ViewSonic Monitor PW6060507628 Y S00 ViewSonic Monitor PSW0612769W Y 700 8 Keyboard Pullout Trays y Dodgertown 25399 Diamond Versa Sand pro N 106 25424 350 BizHub all in one 31138949 Y 106 25425 1350 BizHub all in one 31138737 Y 106 4 drawer metal filing cabinet Y 106 Cyberhome DVD player w/remote Y 106 Daewood TV w/ VCR 13'w/ remote Y 106 23268 Dell Optiplex GX280 F4VTL71 Y 106 21777 Eclipse 850- EKG Machine N 106 HP DeskJet 920c MYIC76718C y 106 HP OfficeJet Pro 8500 Premier and 3 Ink Cartridges CN06M7R2F4 N 106 HP ScanJet 4850 CN56BTAOS4 Y 106 HP ScanJet 4850 CN59PTA11`3 Y 106 Insignia DVD player w/ remote y 106 Magnavox TV 25'w/ remote y 106 Open filing cabinet, 6 shelf/mailbox y 106 Optiplex GX280 C4VTL71 Y 106 Orion TV w/ VCR 13'w/ remote y 106 Panasonic TV y 106 Toshiba DVD/VCR Player w/remote y 106 Wooden Bookcase y 112 6 office chairs y 112 8 plastic folding meeting room tables N 112 12697 Book check unit N 112 20751 lComputer 1MOHL11 N 1/13 P87 ■Dept #] tAsset 112 200930 (Fleet Description Computer VIN/SeriilI� [Wo'rkingl N 112 Computer GM8L11 N 112 24199 Computer Case Components GTGF4D1 N 112 Disc Repair System EDR-ET-020728 N 112 14170 Dukane Filmstrip y 112 Envelope folding stuffing machine y 112 12390 Metal .Media Cart y 112 18373 Minolta Microfilm Reader 319102 N 112 13121 Vacuum N 118 HP Desklet 1120C SG84813OV7 N 118 HP ScanJet 4570C CN34WT60RG N 118 HP Scanjet 8300C CN13N25149 N 161 226371 Dell GXS20 with 15' Monitor 3VQL921 N 161 17932A GE MPA Handheld Radio 9219746 N 161 17933A GE MPA Handheld Radio 9219964 N 161 17938A GE MPA Handheld Radio 9219674 N 161 17939A GE MPA Handheld Radio 9219675 N 161 194531 HP DeskJet932C 10001398 N 161 22566A Mobile EDACS SOOM Radio 9015995 N, 161 24241A Portable P5150 Radio 9171498 N, 161 24242A Portable P5150 Radio 9171499 N 161 24245A Portable P5150 Radio 9171796 N 161 24246A Portable P5150 Radio 9171798 N 161 23087A Portable Radio 9991986 N 208 Compaq V500 Monitor 929BF26RD113 Y 208 Hewlet Packard Printer HP2300 CN73M4ZOY5 N 208 Pentax 38MM IQZoom140 4E+06 N 208 RCA TV Model E13320 F126DDIGH Y 208 19090 Unknown brand of computer N 217 23971 Dell O tiPlex 745 JC34PC1 Y 217 194710 HP LaserJet 5000 Printer US83061664 Y 233 18522 1 Toshiba 2060 Copier CSH864328 N 241 Optiplex GX240 & Misc ,Items FVF6911 N 243 23446 DL -11 GX520 Computer FMKONB1 N 244 23975 O ti lex 745 BXFMRCI N 244 Qty 4 Battery Back up N 500 22175 Dell Ins iron 8600 7DPH351 N 500 HP DeskJet 6122 printer MY55136121) N 500 19971 HP Laserjet Printer 220ODTN USOGDO8821 N SRA 21533 Monitor N UTIL 23479 Dell Latitude D620 Laptop 8Y2QFC1 N UTIL 23480 Dell Latitude D620 Laptop JYZQFC1 N 208 21239 Dell D600 Laptop N 208 23050 Delllnspiron N 212 Hp Office Jet Wireless Printer/ Fax MX91E611K9 N 212 Hp Wireless 6000 Officejet printer CNSAGaFaRP N 216 HP Laser'et 3005n N 216 Widner Electronic Time/Date Stamp N 233 (2) Equinox Model T4205 credit card machines N 241 22367 O it lex GX280 243 22444 32" TV wall mounted N 244 21467 2004 Dell Optiplex Gx270 N 500 HP Laserjet 220ODTN N 106 Dell Optiplex 360 H97N4J1 N 106 Dell Optiplex 360 H971 -5J1 N 106 Dell Optiplex 780 HS88GQI N 106 Dell Opti lex 780 HS78GQ1 N 106 Dell Optiplex 780 1WW8BP1 N 106 Dell Optiplex 780 HS86GQ1 N 106 Lobby Grey Chairs Y 2/13 P88 (Dept #] WMMM 108 21192 ■Fleetll Description Toshiba Digital Copier VIN/Se'riil� [Working N 109 25854 Kyocera N 109 13034 Microform Reader/Printer Y 109 10729 Northwest Microform Reader Y 120 1 22277 Dell Computer DNYZR61 N 120 22386 Dell Computer cs# 2208 N 120 22638 Deli Computer C19T191 N 120 23449 Dell Computer cs# 2406 N 120 23459 Dell Computer H6FJ9C1 N 120 23460 Dell Computer 37FJ9...21 ? N 120 Dell Optiplex 270 N 120 25749 Dell Tablet 2DM8XL1 N 120 25745 Dell ToughBook 9G2JPQ1 N 120 25748 Dell ToughBook HCM8XL1 N 120 25751 Dell ToughBook JCM8XL1 N 120 25753 Dell ToughBook 3DM8XL1 N 120 25754 Dell ToughBook H7L8XL1 N 120 25755 Dell ToughBook 5DM8XL1 N 120 HP Compaq Computer MXL72006ZR N 161 19275 Computer N 161 20744 Computer N 161 23434 Computer N 202 21476 Deli lnspiron N 203 Fargo Badge machine A6240097 N 204 21440 Dell GX270 Computer 61986 Y 208 21232 Dell Otilex GX260 CS1958 N 217 24131 kyocera y 241 21551 Axis 2191 Audio Module, retired 9/16/14 N 241 25140 Broadcast Equipment and mist N 241 21438 Camera N 241 22388 Dell lnspiron 6000 N 241 20047 dell optiplex retired under 1,000 7jxwbll N 241 22375 Dell PC, previously retired N 241 21374 Dell PC, previously retired N 241 24308 Dell PC, previously retired N 241 25165 PC, Retired 12-15 N 241 20077 Server N 243 4 iphone S4's y 244 13783 Canon AP810-111Typerwriter HA2023451 N 244 Communication Cable y 244 23465 Dell GX260 Computer CS1974 N 244 10450 Dica hone Voice Processor 33238 N 244 Misc: hard hat, coffee warmer, keyboards, wires, mice N 245 2 handheld palm pilots N 245 2 i hones 4s's BWK43J2DT9V & CBWK418UDT5 Y 400 3 telephones ? 400 14 office chairs y 400 18377 AS 400 N 400 18378 AS 400 TOP N 400 Canon MP21D y 400 22950 Fujitsu Scanner 4340-C ? 400 IBM Monitor 23CG308 Y 500 115 Dell Monitors See attached Y 500 5 boxes mist, Electronic accessories, WIRES, CABLES, ETC Y 500 5 Dell PRO1X Docking stations See attached Y 500 12194 Toshiba Fax model 3750 90050825 N 500 ViewSonic Monitor VA-902B/PSW061276753 Y Multiple Boxes of ceramic tile, mortar mix y Multiple Three pallets of cubicle/partitions y UTIL 24189 1 Dell Latitude D620 Laptop bdb42d1 cs2505 N 3/13 P89 (Dept #] WAsset UTIL 208650 ■Fleet Descripti Handheld Radio [Workingl 554226 N 101 22610 Dell Laptop CN-OU8082-48643-57U-1195 N 102 23493 Hard Drive 80045-420-931-5185 N 106 Dell optiplex 360 1519411? N 106 Dell Optiplex 360 H9825J1 N 106 Dell Optiplex 360 7GZ7411 N 106 Dell Optiplex 360 H97MSJI N 106 Dell Optiplex 360 H97R5J1 N 106 Dell Optiplex 360 71-1264J1 N 106 Dell O ti lex 360 71-13744J1 N 106 Dell Optiplex 360 71,1364J1 N 106 Dell Optiplex 360 H9815J1 N 106 Dell O ti lex -1 3NCPMLI N 106 Dell Optiplex 360 H91Q5J1 N 106 Dell Optiplex 360 71-1064J1 N 106 Dell Optiplex 360 71-1484JI N 106 Dell Optiplex 360 7H284J1 N 106 Dell O tiplex 360 7H17411 N 106 Dell Optiplex 360 7H084J1 N 106 Dello ti lex 755 computer GlHRG41 N 106 Dell Optiplex755 6GQFCGI N 106 13387 Exam Table N 106 Kyocera KM 4230 2029 N 108 23973 Dell optiplex 745 computer BZ7HQC1 N 108 24796 Dello ti lex 755 computer 4NT57GI N 109 12977 Marker/ Chalk Board with Stand N 109 12980 Marker/ Chalk Board with Stand N 203 21447 Badge Machine Computer N 203 Dell Optiplex GX520 Monitor N 203 21167 Konika Minolta Copier - KM2030 N 203 Typewriter IBM Seleti'o 11RGC24 N 208 2 Davis Vantage pro Weather Envoy Wireless #6316 N 208 Acer Monitor (box) y 208 Aurora Vision Monitor SM483C GA101116 Y 208 Brother Intellifax 1860C U61588G7F488392 Y 208 Dell Axim and associated chargers, cases, etc N 208 24816 Dell Latitude ED630 N 208 Dell Monitor (box) y 208 Dell Monitor D1028L 84779-DTCK7-C8 Y 208 Dell Monitor M782 MY-08G157-47603-32N-B5VE Y 208 22271 Dell Optiplex y 208 23027 Dell Optiplex y 208 Desk Lamp N 208 Epson Stylus Photo Printer Model P9652A ADA0037163 Y 208 HP Desk'et 6540 MY48S3Q1MW Y 208 HP Officejet US533DS18H Y 208 15393 iCom Radios IC-2340H N 208 15396 iCom Radios IC-2340H N 208 15399 iCom Radios IC-2340H N 208 15404 iCom Radios IC-2340H N 208 15563 iCom Radios IC-2340H N 208 15568 iCom Radios IC-2340H N 208 23023 Laptop Computer Dell CHYWB91 N 208 Levolor Blinds N 208 Orion N 122-7x12263 Y 208 Packard Bell Legend 20CD and cords-Model A940-3x3A 840828129-63449 Y 208 Plantronics Wireless Headsets CS50 y 208 22836 Pointmaker CH-30 N 208 19603 Polycom View Stations PBS-14XX G2201-08900-091 N 208 1 1 RCA TV Model T20064 929420551 V 4/13 P90 (Dept #] WAsset IFleet Description VIN/Seriil' IIjWorkingl 208 Sanyo TV V9330446336647 Y 208 Sony M-405 Micro Cassette Recorder N 208 Sprint digital telephone answering system N 208 Sylvannia TV M34396005 Y 208 ITandy Printer Stand with Tray Y 208 Toastmaster Heater N 208 Toshiba TV Model MV13M2 91409071A Y 208 TV Mounts (qty 7)Y 208 Ultratec TDD Telephone 308C4805944 N 208 Various small e u invent, cords, telephone & computer items N 233 (3) 5 drawer plat plan filing cabinets Y 233 10593, (4) 5 drawer flat plan filing cabinets Y 233 5 Drawer filing cabinet Y 233 19454 HP Laserjet 4050 printer N 233 22608 HP Laserjet 5100tn N 233 Qty 3 Xerox Workcentre 6015N Printers N 241 24004 48 port netgear switch N 243 2, olaroid, 1 cannon & 4 boxes of film UNKNOWN 243 4 software CD's UNKNOWN 243 APC Battery Back up N 243 DVD player with remote Y 243 Misc computer, speakers, cords, mouse, cassette recorder Y 243 Slide Carousels Y 243 TV with VHS player Y 244 2 cell phones 1 nextel, 1 LG 1 UPS batiery back up N 244 22625 Dell GX6260 88NWV81 N 244 191800 Eric LPE 800M HZ Hand held radio 500063US N 244 Misc camera's/recorder N 250 25178 Dell Latitude E5400 Laptop 1XCJXGI N 250 25180 Dell Latitude E5400 Laptop HXCIXGI N 300 24162 Canon Copy machine 10914548 N. 300 23844 Dell optiplex computer JG6H961 N 500 4 misc caculators N 500 21716 Richo Copier with 2 paper trays and sorter bin N SRA 21566 Ericsson LPE200 Portable Radio 9800437 N SRA 207910 HP Laserjet 4100 printer SHB25ND8 N UTIL 25167 Dell Latitude E5400 Laptop 2LX9XG1/CS 2716 N UTIL Dell Optiplex 170L 3H6H961 N UTIL Dell Precision 380 866DJ91 N UTIL Dell Precision 380 B66DJ91 N UTIL 198260 HP laserjet 4100 CS 1660 N 106 25953 Dell Latitude E6410 Laptop BPBZZNI N 106 Dell Optiplex GX 280 4KVFY81 N 106 23216 Dell Poweredge 2600 server 6P7DP41 N 109 12292 Microwave N 110 21679 Display Solution Sign @ Fairgrounds N 203 2 picture frames y 208 18048 800 MHz Maycom Portable Radios 9168055 Y 208 18056 800 MHz Maycom Portable Radios 2168209 Y 208 18059 800 MHz Maycom Portable Radios 9167876 Y 208 18064 800 MHz Maycom Portable Radios 9167759 Y 208 18068 800 MHz Maycom Portable Radios 9168215 Y 208 18195 800 MHz Maycom Portable Radios 9167877 Y 208 18203 800 MHz Maycom Portable Radios 9167874 Y 208 20687 800 MHz Maycom Portable Radios 9597127 Y 208 20690 800 MHz Maycom Portable Radios 9597136 Y 208 20693 800 MHz Maycom Portable Radios 9597124 Y 208 21528 800 MHz Maycom Portable Radios 9613335 Y 208 21530 800 MHz Maycom Portable Radios 9615814 Y 208 21531 800 MHz Maycom Portable Radios 9615811 Y 5/13 P91 NDept#1 WAsset 208 21532 IFle'etI Description 800 MHz Maycom Portable Radios VIN%Se`ri@l� [Working 9615813 Y 208 21900 800 MHz Maycom Portable Radios 7070303 Y 208 21902 800 MHz Maycom Portable Radios 212042 Y 208 21904 800 MHz Maycom Portable Radios 9068841 Y 208 22242 800 MHz Maycom Portable Radios 9951757 Y 208 22243 800 MHz Maycom Portable Radios 9951758 Y 208 22244 800 MHz Maycom Portable Radios 9955772 Y 208 22245 800 MHz Maycom Portable Radios 9955773 N 208 22246 800 MHz Maycom Portable Radios 9955829 Y 208 22543 800 MHz Maycom Portable Radios 7070323 y 208 22546 800 MHz Maycom Portable Radios 9957026 Y 208 22567 800 MHz Maycom Portable Radios 9017238 Y 208 22853 800 MHz Maycom Portable Radios 9158519 Y 208 22855 800 MHz Maycom Portable Radios 00063VQ y 208 22856 800 MHz Maycom Portable Radios 9957032 Y 208 22858 800 MHz Maycom Portable Radios 9956684 Y 208 22859 800 MHz Maycom Portable Radios 9957019 Y 208 23352 800 MHz Maycom Portable Radios 9103362 Y 208 23353 800 MHz Maycom Portable Radios 9103524 Y 208 23354 800 MHz Maycom Portable Radios 9103526 Y 208 23355 800 MHz Maycom Portable Radios 9103530 Y 208 23356 800 MHz Maycom Portable Radios 9103584 Y 208 23357 800 MHz Maycom Portable Radios 9103587 Y 208 23359 800 MHz Maycom Portable Radios 9103593 Y 208 23360 800 MHz Maycom Portable Radios 9103594 Y 208 23361 800 MHz Maycom Portable Radios 9103414 Y 208 23362 800 MHz Maycom Portable, Radios 9103418 Y 208 23364 800 MHz Maycom Portable Radios 9103420 Y 208 23365 800 MHz Maycom Portable Radios 9103421 Y 208 23366 800 MHz Maycom Portable Radios 9103422 Y 208 23367 800 MHz Maycom Portable Radios 9103423 Y 208 23368 800 MHz Maycom Portable Radios 9103527 Y 208 23369 800 MHz Maycom Portable Radios 9103529 Y 208 23370 800 MHz Maycom Portable Radios 9103531 Y 208 23371 800 MHz Ma com Portable Radios 9103532 Y 208 23372 800 MHz Maycom Portable Radios 9103533 Y 208 23563 800 MHz Maycom Portable Radios 9103419 Y 208 25450 800 MHz Maycom Portable Radios 9956951 Y 208 25579 800 MHz Maycom Portable Radios 9269258 Y 208 25580 800 MHz Maycom Portable Radios 9269446 Y 208 25581 800 MHz Maycom Portable Radios 8269448 Y 208 26176 800 MHz Maycom Portable Radios 9156091 y 208 26177 800 MHz Maycom Portable Radios 9156058 Y 208 26178 800 MHz Maycom Portable Radios 9156054 Y 208 26179 800 MHz Maycom Portable Radios 9156034 Y 208 26180 800 MHz Maycom Portable Radios 9156052 Y 208 26181 800 MHz Maycom Portable Radios 9156090 Y 208 26182 800 MHz Maycom Portable Radios 9156094 Y 208 26183 800 MHz Maycom Portable Radios 9156089 Y 208 26184 800 MHz Maycom Portable Radios 9156030 Y 208 26185 800 MHz Maycom Portable Radios 9156096 Y 208 179370 800 MHz Maycom Portable Radios 9219753 Y 208 180280 800 MHz Maycom Portable Radios 00017TU Y 208 180300 800 MHz Maycom Portable Radios 0017td y 208 180330 800 MHz Maycom Portable Radios 00017TT Y 208 180410 800 MHz Maycom Portable Radios 9167644 Y 208 180420 800 MHz Maycom Portable Radios 9167646 Y 208 180430 800 MHz Maycom Portable Radios 9167763 Y 208 180450 800 MHz Maycom Portable Radios 9168178 Y 208 180490 800 MHz Maycom Portable Radios 9168210 1 Y 6113 P92 Dept # Asset Fleet Description VIN/Serial Working 208 180500 800 MHz Maycom Portable Radios 9168213 Y 208 180520 800 MHz Maycom Portable Radios 9168211 Y 208 180530 800 MHz Maycom Portable Radios 9167762 Y 208 180550 800 MHz Maycom Portable Radios 9168216 Y 208 180570 800 MHz Maycom Portable Radios 9167873 Y 208 180630 800 MHz Maycom Portable Radios 9167871 Y 208 180650 800 MHz Maycom Portable Radios 9167648 Y 208 180670 800 MHz Maycom Portable Radios 9168212 Y 208 180690 800 MHz Maycom Portable Radios 9168169 Y 208 180700 800 MHz Maycom Portable Radios 9167869 Y 208 181860 800 MHz Maycom Portable Radios 9168214 Y 208 181880 800 MHz Maycom Portable Radios 9167760 y 208 181890 800 MHz Maycom Portable Radios 9168173 Y 208 181900 800 MHz Maycom Portable Radios 9168177 Y 208 181910 800 MHz Maycom Portable Radios 9168174 Y 208 181920 800 MHz Maycom Portable Radios 9167645 y 208 181930 800 MHz Maycom Portable Radios 9107875 Y 208 181940 800 MHz Maycom Portable Radios 9167878 Y 208 181960 800 MHz Maycom Portable Radios 9168175 Y 208 181970 800 MHz Maycom Portable Radios 9168050 Y 208 181980 800 MHz Maycom Portable Radios 9168217 Y 208 181990 800 MHz Maycom Portable Radios 9168218 y 208 182000 800 MHz Maycom Portable Radios 9167647 Y 208 182020 800 MHz Maycom Portable Radios 9167870 y 208 182530 800 MHz Ma com Portable Radios 9342130 Y 208 182610 800 MHz Maycom Portable Radios 9167872 y 208 198200 800 MHz Maycom Portable Radios 009zx9 Y 208 206920 800 MHz Maycom Portable Radios 9597125 y 208 17934A 800 MHz Maycom Portable Radios 9219672 Y 208 919753? 800 MHz Maycom Portable Radios 17937A Y 208 800 MHz Maycom Portable Radios 00099y1 Y 208 800 MHz Maycom Portable Radios 9269253 Y 208 800 MHz Maycom Portable Radios 9156056 y 208 800 MHz Maycom Portable Radios 9956686 Y 208 25606 HP Digital Sender 9250C N 218 19367 Auto Sampler y 220, 20861 Personnel Lift y 222 4581 or IBM typerwriter correcting selectric II N 241 Misc Large Lot, Wires, Keyboards, Printers, Monitors, Switches, Etc. Non N 241 19067 NetGear Switch 24 port N 244 3 Cell phones LG Expressions y 244 Box of Misc Items, Phone, Ethernet, Cords, Keyboards, Mouse N 244 HP Deskiet 3520 Printer N 244 Monitor N 245 23492 Dell Latitude D620 Laptop N 500 apcap9207 JA0332041534 Y 500 Belkin 16-4 GBM Switch 3045351170 N 500 Dell Demention 2400 BZOSN71 N 500 Dell Optiplex 360 81NFDK1 N 500 22011 Dell Power edge 4600 N 500 28026 Dell Power edge 4600 N 500 25207 Dell Precision N 500 Dell Prestige 340 DWOD021 N 500 DOCKING STATION CN -02U442-48643-484-3546 Y 500 DOCKING STATION CN -02U442-48643-442-5110 y 500 DOCKING STATION CN -02U442-48643-489-0957 Y 500 DOCKING STATION CN -02U442-48643-482-4852 Y 500 DOCKING STATION CN -02U442-48643-482-4806 Y 500 DOCKING STATION CW02U442-48643-449-2203 Y 500 DOCKING STATION CN -02U442 -48643-44S-3862 Y 7/13 P93 ff De'pt #] WA—ss—et-M 500 NFleetl Description DOCKING STATION VIN/Seriil— iWgrrkingl CN -02U442-48643-482-0640 y 500 DOCKING STATION CN -02U442-48643-489-3167 y 500 DOCKING STATION CN -02U442 48643-37H-1751 y 500 DOCKING STATION CN-OHDD62-48643-76B-8312 y 500 DOCKING STATION CN-OHDD62-48643-76C-A831 Y 500 DOCKING STATION CN-OHDD62-48643-76i-3570 y 500 21802 exabyte 7 -tape back up N 500 FOLDING MACHINE N 500 24360 HP P3005dn Printer N 500 IBM Option Switch Memory'MT2834BL y 500 24685_ IBM Think Pad N 500 22361 IBM Ultrim 2 Tape Drive N 500 Lenovo MT-7844-BFU SSAFRCG N 500 Lenovo Think Center Edge R8KRGK1 N 500 Lenovo Think Center Edge MCITNDV N 500 Lenovo Think Center Edge 7844B4UC5AFREG N 500 Lenovo Think Center Edge MJEHC22 N 500 Lenovo Think Center Edge MJEHC20 N 500 SYK Clone 107109194 N 500 22942 VXA Control Server, Exabite N 106 7 rolling chairs and 1 leather rolling chair y 106 Hemastat 496203048 N 106 Lobby Furniture 1 chair y 106 Lobby Furniture, Chairs, Loveseat, Couch 5 pieces y 106 Lobby Furniture, Double seat with arms, triple seat with arms; total 12 pieces y 241 13715 Monitor N 102 HP 2015 CNB 1529347 N 103 23428 Dell PowerEdge 2850 Server N 106 (145) NEC D -term digital and IP phones y 106 19 Triton USB 2.0 VGA Adapters N 106 3Com Super Stack 3 Network Switch 0010/LViG270011073 y 106 3Com Super Stack 3 Network Switch 0010/LV1G270010993 y 106 Brother MFC 8860 1-181748302 N 106 Canon PC920 Desktop Copier TVB90145 y 106 24263 Dell Inspiron 1420 9K5VGD3 N 106 24264 Dell Inspiron 1420 DK5VGD1 N 106 24262 Dell Inspiron 1420 Laptop Computer 3K5VGD1 N 106 24265 Dell Inspiron 1420 Laptop Computer 1L5VGD1 N 106 25055 Deli Latitude D630 D550CG1 N 106 25057 Dell Latitude D630 8350CG1 N 106 25058 Dell Latitude D630 4350CG1 N 106 25497 Dell Latitude E6400 81339SK1 N 106 25615 Dell Latitude E6400 JZ2COL1 N 106 25618 Dell Latitude E6400 603COL1 N 106 25620 Dell Latitude E6400 B03COL1 N 106 25621 Deli Latitude E6400 D03COL1 N 106 25623 Dell Latitude E6400 113COL1 N 106 25625 Dell Latitude E6400 903COL1 N 106 Dell Latitude E6400 DDJJH11 N 106 26224 Dell Latitude E6420 9ZXP3R1 N 106 Dell Optiplex 390 FC9GXR1 N 106 Dell Optiplex 360 DeskTop Computer H97V4J1 N 106 Dell Optiplex 360 DeskTop Computer H97V511 N 106 Dell Optiplex 360 DeskTop Computer H97P4J1 N 106 Dell Optiplex 360 DeskTop Computer 71,1464J1 N 106 Dell Optiplex 360 DeskTop Computer 6TWMMJI N 106 Dell Optiplex 360 DeskTop Computer H97S411 N 106 Dell Optiplex 360 DeskTop Computer F0RB4V1 N 106 Dell Optiplex 390 FCBBXR1 N 106 24888 Dello ti lex 755 computer 8SZ7QF1 N 8/13 P94 Dept # Asset Fleet Description VIN/Serial Working 106 24889 Dell optiplex 755 computer CHQFCGI N 106 Dell optiplex 755 computer 43C61H1 N 106 Dell optiplex 755 computer GLZRGHI N 106 Dell optiplex 755 computer 33C6JH1 N 106 Delloptiplex 755 computer HGQFCGI N 106 Dell optiplex 755 computer 6HQFCGI N 106 23294 Dell PowerEdge 2850 Server JGCRC81 Y 106 DYMO Label Writer 400 93089-2436553 Y 106 Eltron / Zebra TLP2742PSA Label Printer S/N 47160910 Y 106 Eltron / Zebra TLP2742PSA Label Printer S/N 47265694 Y 106 Fujitsu fi-5110C Document Scanner S/N 519386 Y 106 HP laserjet P4014n CNDX137720 N 106 HP LaserJet Pro M425dn CNF8GBZRB N 106 25465 HP ProCurve Switch SG835SK46S Y 106 HP ProCurve Switch 2510-48 CN052YVOCH Y 106 HP ProCurve Switch 2510-48 CN052YVOPK Y 106 HP ProCurve Switch 2530-24g CN39FP79WG Y 166 25016 HP ProCurve Switch 2848 SG805SK3M8 Y 106 25017 HP ProCurve Switch 2848 SG805SK494 Y 106 25018 HP ProCurve Switch 2848 SG805SK3N4 y 106 HP Slate 500 CNU1372XTD Y 106 HP Slate 500 CNU12740VUR Y . 106 HP Slate 500 CNU1253FTK Y 106 HP Slate 500 CNU1371GTP Y 106 HP Slate 500 CNU13649WY Y 106 HP Slate 500 CNU1274128 Y 106 HP Slate 500 CNU1352DHP Y 106 HP Slate 500 CNU13649FY Y 106 HP Slate 500 CNU1372XQZ Y 106 25528 Panasonic Touchbook CF -19 9FKSA79025 N 106 25529 Panasonic Touchbook CF -19 9FKSA79027 N 106 25530 Panasonic Touchbook CF -19 9FKSA79095 N 106 25531 Panasonic Touchbook CF -19 9FKSA79105 N 106 Shuttle XPC SG31G2V2R0945FO1619 N 106 Slwaber Upstart Network 550 UPC A0005053 N 106 Zebra TLP 2844 Label Printer 41JO84SO1513 N 106 Zebra TLP 2844 Label Printer 41AQ435QQ244 N 108 20901 Dell Computer N 108 Dell Monitor, (2) Brother HL -31C Printers N 108 20902 Printer N 112 (3) PC Monitors N 112 6 Battery Backus N 120 21859 Dell Latitude D600 Laptop N 120 23430 Dell PowerEdge Server 2850 2521-81 N 120 24832 Dell Ultra Sharp Monitor 30" N 120 24833 Dell Ultra Sharp Monitor 30" N 120 25158 Dell Ultra Sharp Monitor 30" N 120 26506 PowerVault TL4000 Tape Backup HRVSXS1 N 204 (2) Dell Optiplex GX280 Computers 204 2 HP 4200 LaserJet Printers 204 4 Flat Screen Monitors 204 6 Tube monitors 204 Boxes of Keyboards, Mice, Speakers, Cables and Computer Shell 204 Dell Optiplex 745 computer 204 24805 Dell optiplex 755 com uter N 204 Dell Optiplex GX260 Computer 204 Dell Optiplex GX620 Computer 204 Emerson VHS 204 HP Color LaserJet 3600 204 23037 HP Color LaserJet 5550 Printer JPFC58V00B Y 9/13 P95 (Dept #] =Asset 204 IFleetl Description HP LaserJet 600 M602 Printer VIN/S—eriil� l[Workingi 204 Sanyo Tube TV 204 TV STAND 207 199690 363 2001 Sonoma Pick up Truck iGTCS14W118235862 Y 211 22831 Printer 19256501362 N 219 185960 Ph Analyzer 1054B ROSEMC99-20817 N 222 File Cabinets y 233 2 Epson XP 410 Printers N 233 (3) HP Officejet Pro 8100 Printers N 233 Epson XP 400 Printer N 233 175120 IGIE Marc V MDX Mobile Radios y 233 177150 GE Marc V MDX Mobile Radios Y 233 177160 GE Marc V MDX Mobile Radios Y 233 177170 GE Marc V MDX Mobile Radios Y 233 177140 GE Marc V MDX Radio Base Station Y 233 HP Office Jet Pro 8100 Printer N 234 196240 IShure SCM810 Eight Channel Microphone Mixer y 234 196250 Shure SCM810E Eight Channel Microphone Mixer Y 235 22282 Dell Latitude D600 Laptop CN-OD2125-48643-51D-1020 N 235 25729 Dell Latitude E6500 Laptop 28KHPM1/CS 2791 N 241 27081 Laserjet 600 in603 N 241 24017 Netgear 24 port switch N 241 23999 1 Netgear 48 port switch N' 241 24801 Opti,plex 755 8HXZBGI N 244 7743 Canon AP350 Typewriter y 244 21855 Dell GX270 Optiplex CS2077 N 244 24787 Dell optiplex 755 computer 51RQSFI / CS2660 N 244 24790 Dell optiplex 755 computer H44ZSF1 / CS2663 N 400 1 BLACK DOME SECURITY CAMERA 138080431 y 400 BLACK DOME SECURITY CAMERA 13080435 y 400 BLACK DOME SECURITY CAMERA 13080436 y 400 BLACK DOME SECURITY CAMERA 13080449 Y 400 BLACK DOME SECURITY CAMERA 13080430 Y 400 BLACK DOME SECURITY CAMERA 1764714069 Y 400 14" DELL MONITOR MYOV30014760344MR5LD N 400 15 LTO 3 TAPES y 400 2 7" MONITOR STANDS UTM50 Y 400 2 ACER TABLETS y 400 2 ALTRONIX CAMERA POWER BOXES y 400 2 HP 1ETDIRECT 170X ? 400 2 KEYBOARD TRAYS y ' 400 2 MOUNTED RACK TRAYS Y 400 2 PORT SLIMSWITCH FIB024-V ? 400 2 SONY COLOR VIDEO CAMERAS SSC-DL393 Y 400 25 PIN CABLE Y 400 3 16 PORT BNC PATCH PANEL JPM191A y 400 3 DATA TRANSFER SWITCHES ? 400 3 MINI LAPTOP CASES 400 4 CANON CALCULATORS MP11DX N 400 4 ENERGIZER FLASHLIGHT N 400 4 PORT USB SWITCH GUB401 ? 400 5 FUJITSU SCANNERS F15110C y 400 5 PLUG IN DOORBELLS SL6151 y 400 7 MAGTEK CARD SWIPERS 21040108 y 400 7" TFT LCD MONITORS L0805 -70059K Y 400 8MM BACKUP TAPE DRIVE A949696 ? 400 ALTRONIX CAMERA POWER SUPPLY BOXES y 400 A -M -D COMPUTER y 400 ANALOG PHONE DUOFONE 188 y 400 ANTENNA/ CABLE SWITCH ? 10/13 P96 WDept #] WAsset 400 24700 (Fleet Description AVOCENT KVM VIN%Serial- LWo'rkingl N 400 BLACK LINE SECURITY CAMERA 01764714 069 Y 400 BLACK SECURITY CAMERA 06714814 185 Y 400 BOX OF FIJITSU CLEANING SUPPLIES FI 434 -OC ? 400 BOXES -ALIBI SPARE CAMERA PARTS ? 400 CCD CAMERA 567420021 Y 400 CCD CAMERA TW4-906T Y 400 CCTV WIRE ROLLER 400 CISCO PIX501 FIREWALL PIX501 ? 400 COAXIAL CABLES 400 COMSWITCH 3.0 ? 400 COPPER CCTV WIRE 400 DEAWOO SECURITY MONITOR Y 400 DELL MONITOR N 400 24703 DELL OPTIPLEX 745 6LYCMDI Y 400 24704 DELL OPTIPLEX 746 7LYCMDI Y 400 24706 DELL OPTIPLEX 747 60DORD1 Y 400 24707 DELL OPTIPLEX 748 90DORD1 Y 400 24702 DELL OPTIPLEX 749 3LYCMDI Y 400 DELL OPTIPLEX 760 8JL94J1 Y 400 DELL OPTIPLEX GX 620 FBBFB81 Y 400 DELL POWER SUPPLIES Y 400 22149 DELL POWEREDGE SERVER 2600 13SQ351 Y 400 DIALUP MODEM 550A -10790A ? 400 DIALUP MODEM PCI 3361FX©3420 ? 400 DIGITAL -COLOR VIDEO CCD CAMERA Y 400 IDOME SECURITY CAMERA 12VDC/24VAC Y 400 DOME SECURITY CAMERA - SONY 164177 Y 400 DVR (BLACK)'W/ POWER CORD DH2O1612070072 Y 400 DVR (BLACK) W/ POWER CORD DH2O1612070102 Y 400 DVR (BLACK) W/ POWER CORD A141000231 Y 400 DVR (BLACK) W/ POWER CORD A141200264 Y 400 DVR (BLACK) W/ POWER CORD H14300058 Y 400 ELO TOUCHSCREEN MONITOR ElOL060750 400 ELO TOUCHSCREEN MONITOR ElOL060746 400 ELO TOUCHSCREEN MONITOR ElOL060773 400 EXTERNAL DVD DRIVE DA -30601 ? 400 FAST TRAK TX 2200 HOST ADAPTER NB0005600385 Y 400 FRONT/BACK PLATES COVERS Y 400 FUJITSU SCANNER FI -5015C Y 400 GANZ/DIEBOLD - SECURITY CAMERA 1S031759 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 1M029725 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 15031783 Y 400 GANZIDIEBOLD - SECURITY CAMERA 15031596 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 15031696 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 15031784 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 15031601 Y 400 GANZ/DIEBOLD - SECURITY CAMERA lE031031 Y. 400 GANZ/DIEBOLD - SECURITY CAMERA 1M029958 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 00O29210 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 1S031756 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 1E031028 Y 400 GANZIDIEBOLD - SECURITY CAMERA IE031567 Y 400 GANZ/DIEBOLD - SECURITY CAMERA 31097 Y 400 HP 124A LASERJET INK Y 400 HP 96A LASERJET INK Y 400 HP JETDIRECT 30OX ? 400 24698/24695 HP LASERJET 4250 TM N 400 HP MINI NET900K Y 400 JHP MONITOR CNC625QNBX 11/13 P97 WDept#] WAssetl= IFIe'et7 Descripti [WErrkingl 400 HP MONITOR CNC625QNC1 ? 400 LG DOME CAMERA 306SHHZ004337 Y 400 LIN KSYS NAS DISK DRIVE SCA004302974 Y 400 LINKSYS NAS DISK DRIVE SCA004302975 Y 400 MINI USB PLUG Y 400 NETGEAR SWITCH GSM7248 Y 400 PANASONIC SECURITY CAMERA CCW01746 Y 400 PANASONIC SECURITY CAMERA CEW01696 Y 400 PANASONIC SECURITY CAMERA ABW05286 Y 400 PANASONIC SECURITY CAMERA CEW01695 Y 400 PANASONIC SECURITY CAMERA ABWO5285 Y 400 PANASONIC SECURITY CAMERA ABWO'5287 Y 400 POWER SURGE PROTECTOR 99039 Y 400 PRO SECURE FIREWALL UTM50 Y 400 PULL UP RACK TRAYS Y 400 RADIO SHACK 2 WAY SPLITTER Y 400 RAIL RACK V RAIL PE2850 Y 400 SMALL DOME CAMERAS 12VDC/24VAC Y 400 SONY BULLETT SECURITY CAMERAS 163030 Y 400 SONY BULLETT SECURITY CAMERAS 163028 Y 400 SONY BULLETT SECURITY CAMERAS 163565 Y 400 SONY BULLETT SECURITY CAMERAS 163025 Y 400 SONY BULLETT SECURITY CAMERAS 163568 Y 400 SONY BULLETT SECURITY CAMERAS 163547 Y 400 SONY BULLETT SECURITY CAMERAS 163024 Y 400 SONY BULLETT SECURITY CAMERAS 163591 Y 400 SONY BULLETT SECURITY CAMERAS 163029 Y 400 SONY COLOR VIDEO CAMERA 136163 Y 400 SONY DOME CAMERA 130102 Y 400 SONY DOME SECURITY CAMERA 188973 Y 400 SONY DOME SECURITY CAMERA 149806 Y 400 ISONY DOME SECURITY CAMERA 166007 Y 400 ISONY DOME SECURITY CAMERA 130107 Y 400 SONY DOME SECURITY CAMERA 119001 Y 400 SONY SECURITY CAMERA 163045 Y 400 SONY SECURITY CAMERA 163050 Y 400 SONY SECURITY CAMERA 163049 Y 400 SONY SECURITY CAMERA 136169 Y 400 SONY SECURITY CAMERA 136162 Y 400 SONY SECURITY CAMERA 138594 Y 400 SONY SECURITY CAMERA 136164 Y 400 SONY SECURITY CAMERA 136165 Y 400 SONY SECURITY CAMERA 138508 Y 400 SONY SECURITY CAMERA 136170 Y 400 SONY SECURITY CAMERA 163566 Y 400 SONY SECURITY CAMERA 163042 Y 400 SONY SECURITY CAMERA 163041 Y 400 SONY SECURITY CAMERA 163021 Y 400 SONY SECURITY CAMERA 163548 Y 400 SONY SECURITY CAMERA 163561 Y 400 SONY SECURITY CAMERA 163022 Y 400 SONY SECURITY CAMERA 163549 Y 400 SONY SECURITY CAMERA 163567 Y 400 SONY SECURITY CAMERA 163563 Y 400 SONY SECURITY CAMERA 163562 Y 400 SONY SECURITY CAMERA 163570 Y 400 SONY SECURITY CAMERA 163543 Y 400 SONY SECURITY CAMERA 163544 Y 400 SONY SECURITY CAMERA 163593 Y 400 ISONY SECURITY CAMERA 163592 Y 12/13 P98 (Dept Q =Asset ■Fleet Description VIN/Seriil� 9Workingl 400 SONY SECURITY CAMERA 163023 Y 400 SONY SECURITY CAMERA 163564 Y 400 SONY SECURITY CAMERA 163569 Y 400 SONY SUPER EXWAVE CAMERA 163027 Y 400 VEIWERA 19" LCD MONITOR V191BN-B Y 400 VERSA RAILS Y 400 WESTELL DSL ROUTER B9022003004 ? 500 3 Palm Pilots EBVON3, BOJB11P101FF, PN20U N 500 (6) office Chairs N 500 Brother MFC9970CDW U62513GIU200901 Y 500 22297 HP 3700tn Printer HEWLESCNLBM03150 N 500 23535 HP U 3430N Printer CNGKJ64607 N 500 24361 HP U P3005 Printer CNDiR68062 N 901 Poster Printer SG62SC2050 N 13/13 P99 INDIAN RIVER COUNTY, FLORIDA CONSENT DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: John King, Director Department of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator Emergency Management Division DATE: February 10, 2017 SUBJECT: Approval of Resolution Adopting the 2017 Indian River County Emergency Plan for Hazardous Materials. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On July 12, 2016 the County Commission approved the 2016/2017 State Funded Subgrant Agreement to update Indian River County's Hazards Analysis. The agreement provided adequate funding for the Emergency Management Division to review and modify our Indian River County Emergency Plan for Hazardous Materials. The updated plan was submitted to the Florida Division of Emergency Management for review. The submitted plan, consisting of over 800 pages, is measured against compliance criteria established by provisions of Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and administrative rulings by the State Emergency Response Commission. Per our agreement, the plan is reviewed annually. Currently, Indian River County has 28 agencies which meet the threshold of SARA reporting and review by the Emergency Management Division. On January 27, 2017, the Emergency Management Division was notified by the Florida Division of Emergency Management that our modifications meet the criteria outlined in our Scope of Work and is therefore approved. The Board of County Commissioners' adoption of this plan finalizes the grant agreement between Indian River County and the Florida Division of Emergency Management. FUNDING: This is a 100% funded agreement to update the county's hazards analysis and review/update the Indian River County Emergency Plan for Hazardous Materials. No match is required by Indian River County. P100 RECOMMENDATION: Staff recommends approval of the attached Resolution and the 2017 Indian River County Emergency Plan for Hazardous Materials. ATTACHMENTS: 1. Resolution_ approving 2017 Indian River County Emergency Plan for Hazardous Materials. Approval letter from Florida Division of Emergency Management dated January 27, 2017. **Due to its size, the 2017 Plan is on file at the Department of Emergency Services and the Board of County Commissioners Office.** P101 RESOLUTION NO. 2017 - Resolution of the Board of County Commissioners of Indian River County, Florida, Approving the Indian River County Hazardous Materials Emergency Plan WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response and recovery; -and WHEREAS, with the enactment of the Emergency Planning and Community Right -To -Know Act of 1986, Congress imposed upon Local Emergency Planning Committees and local governments additional planning and preparedness requirements for response to emergencies involving the release of hazardous materials; and WHEREAS, each county within a Local Emergency Planning District is required to develop an Emergency Response Plan for Hazardous Materials to become a component part of the local Emergency Planning District Plan; and WHEREAS, Indian River County's Hazardous Materials Emergency Plan has been reviewed and approved by the Florida State Emergency Response Commission for Hazardous. Materials as meeting the criteria for such plans established by the Administrator, United States Environmental Protection Agency and the National Response Team; and WHEREAS, this plan is intended to provide the framework for the development of detailed operating procedures by first response public safety agencies charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals. P102 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Indian River County's Hazardous Materials Plan is hereby adopted. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chair thereupon declared the Resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Joseph E. Flescher, Chairman P103 ARM STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Rlac scm Govemor BRYAN W. KOON Dketxor January 27, 2017 Ms. Etta LoPresti Indian River County 4224 43rd Avenue Vero Beach, FL 32967 Dear Ms. LoPreisti: The Florida Division of Emergency Management (DEM) has completed its review of the Indian River County 2016/2017 Hazards Analyses updates. The evaluation indicates the analyses most the criteria outlined in contract 17 -CP -11-10-40-01-206. Please note that in order to fulfill all requirements of the contract, proof of distribution to the Local Emergency Planning Committee and proof of notification of the availability of the Hazards Analyses information to Section 302 faciiities/response agencies Is required to be submitted to DEM. In addition, a copy of the final approved HA files should be uploaded to the DEM Share point portal (SERT section under your district LEPC in the Indian River County folder) or you can mail a CD for the file with your invoice. If you have any questions or require additional assistance, please contact me at (850) 413-9895. Sincerely, Isabell Parker Contract Manager Bureau of Preparedness Technological Hazards Unit D I V 1 S 10 N N E A D G U A k T E R -STel' 650-413.9889 • Fax: 850-488-1016 STATE LOGISTICS RESPON E CENTER 2655 Shumard Oak Boulevard 2702 Directors Row Tallahassee, FL 32338.2100 Orlando, FL 32809-6631 P104 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: FDOT County Incentive Grant Program (CIGP) Agreement and Resolution Authorizing the Chairman's Signature for Construction and Construction Engineering Inspection (CEI) Services for SR -60 & 43rd Avenue project FM No. 431759-2-54-01 DATE: February 21, 2017 DESCRIPTION AND CONDITIONS On May 19, 2015, the Board of County Commissioners approved an FDOT County Incentive Grant Program (CIGP), Agreement whereby the Florida Department of Transportation (FDOT) and the County shared the cost of right of way acquisition, with FDOT acquiring the right of way through the FDOT procurement process. The County agreed to provide one-half (1/2) of the cost for right of way acquisition ($4,404,627.00), FDOT agrees to provide the other one-half (1/2) ($4,404,627.00) of the funds for right of way acquisition. With right of way acquisition currently under way, FDOT has provided the County with the attached County Incentive Grant Program (CIGP) Agreement to provide up to 50% funding for Construction and Construction Engineering Inspection Services (CEI) for the SR -60 & 43rd Avenue Improvement Project. The current cost estimate for the project is $10,231,462.74. At this time, only $3,645,573.00 is available from FDOT to fund the project. As such, the attached agreement is for a proposed project cost of $7,291,146.00 and the County's portion will be $3,645,573.00. FDOT has stated that once additional funding for the project is available, which appears to be next fiscal year, FDOT will provide the County with an amendment to the attached agreement. FUNDING Funding for the County's cost share in the amount of $3,645,573.00 is budgeted in Optional Sales Tax/ROW/431 Ave & SR 60 Acct # 31521441-066120-06041 for $1,681,520.00 and available through a budget amendment from Traffic Impact Fees/District II Cash Forward -Oct 1st to Traffic Impact Fees/District II/ROW/43rd Ave & SR 60 Acct# 10215241-066120-06041 for $1,964,053.00. RECOMMENDATION Staff recommends the Board of County Commissioners approve the FDOT County Incentive Grant Program (CIGP) Agreement and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Authorizing Resolution 2. FDOT County Incentive Grant Program (CIGP) Agreement - FM No. 431759-2-54-01 AGENDA ITEM FOR March 7, 2017 C:\Users\GRANIC—l\AppDataU.ocal\Temp\BCL Technologies\easyPDF 7\@BCL@2405A157\@BCL@2405A157.doc BE P105 RESOLUTION NO. 2017 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN'S EXECUTION OF A COUNTY INCENTIVE GRANT PROGRAM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR THE IMPROVEMENTS AT SR -60 AND 43RD AVENUE WHEREAS, the construction of improvements at SR -60 and 43rd Avenue is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay 50 percent of the cost for the Construction and Construction Engineering Inspection Services (CEI) of Improvements at SR -60 and 431 Avenue under the County Incentive Grant Program (CIGP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 50 percent of the project costs as its portion of funding for the Construction and Construction Engineering Inspection Services (CEI) of Improvements at SR -60 and 43rd Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, the County Incentive Grant Program Agreement for the Construction and Construction Engineering Inspection Services (CEI) of Improvements at SR -60 and 431d Avenue. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of . 2017. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Joseph E. Flescher, Chairman C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@x24056152\@BCL@a24056152.doc P106 Appropriation Bill Number(s)/Line Number (s) Contract No.: SB 2000: FM No.: 431759-2-54-01 DUNS No.: 80-989-7102 FEID No.: VF -596-000-785 CSFA No.: 55.008 COUNTY: INDIAN RIVER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT (County Letting) This County Incentive Grant Program Agreement ("Agreement'), entered into this day of 20 by and between the STATE, OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" and INDIAN RIVER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH Whereas, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and Whereas, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and Whereas, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and Whereas, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Management (FM) No. 431759-2-54-01 for the Construction and Construction Engineering Inspection (CEI) Services for intersection improvements at SR -60 & 43an Avenue in Indian River County, Florida, as shown in Figure 1, attached hereto and made a part hereof. Said improvements are hereinafter referred to as the "Project", in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the COUNTY by Resolution No. dated the day of . 20 , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement; and Now, Therefore, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: The recitals set forth above are true and correct and are deemed to be restated herein. 2- Services and Performance A. The COUNTY shall furnish the services with which to construct the Project. Said Project consists of construction, as further described in Exhibit A, Scope of Services, attached Page 1 P107 hereto and made a part hereof. The COUNTY is obligated to fulfill all of its obligations as set forth in this Agreement. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the COUNTY to start with the administration of the Project, in which the COUNTY shall hire a .DEPARTMENT prequalified CEI Consultant to perform construction oversight. The second Notice to Proceed for construction of the Project is contingent upon the Right of Way certification. Once all parcels of the Project have been certified by the DEPARTMENT, the COUNTY may begin the process of hiring a Department prequalified contractor. B. The COUNTY agrees to undertake the construction of the Project in accordance with all applicable federal, state and local statutes, rules, regulations, and standards. Upon completion of the Project, the COUNTY shall certify to the DEPARTMENT in writing that the Project has been completed in accordance with the applicable standards, statutes, rules, and regulations. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. The COUNTY shall provide the DEPARTMENT with monthly progress reports. The COUNTY will submit written progress reports by the 15th day of each month detailing the actual services performed related to the construction of the Project. D. The DEPARTMENT must approve in writing any consultant and/or contractor scope of services including Project budget. The COUNTY shall obtain the DEPARTMENT's approval of plans and specifications prior to bidding the Project. All work within DEPARTMENT right of way shall be constructed to the current edition of FDOT Standard Specifications for Road and Bridge Construction (2016), as amended. E. Contractors must be prequalified by the DEPARTMENT, unless requested in writing and approved by the DEPARTMENT, as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended. The CEI services will be provided by hiring a DEPARTMENT prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Advanced Level Training. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida licensed Professional Engineer. The DEPARTMENT shall approve all CEI personnel in writing. The COUNTY is hereby precluded from hiring the same consulting firm providing design services. F. This Agreement and Exhibit B, attached hereto and made a part hereof shall act to supersede the normal requirements of the COUNTY to secure separate DEPARTMENT permits for drive -way connection, right-of-way utilization, storm -water discharge and utilities and this Agreement is deemed to constitute such permits. G. The COUNTY shall not sublet, assign, or transfer any work under this Agreement Page 2 P108 without the prior written consent of the DEPARTMENT. H. All notices (except invoices) under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Florida Department of Transportation Indian River County 3400 West Commercial Blvd. Public Works Department Fort Lauderdale, FL 33309-3421 180127" Street Attn: Leos A. Kennedy, Jr. Vero Beach, FL 32960-3388 With a copy to: General Counsel Attn: Richard Szpyrka With a copy second copy to: Donovan Pessoa With a copy to: County Attorney 3 -Term A. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to all parties until the Project is completed as evidenced by the written acceptance of the DEPARTMENT and the COUNTY or December 30, 2019, whichever occurs first. B. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions as set forth in this Agreement. 4- Compensation and Payment A. The estimated Project cost is SEVEN MILLION TWO HUNDRED NINETY ONE THOUSAND ONE HUNDRED FORTY SIX DOLLARS AND NO CENTS ($7,291,146.00). The COUNTY and the DEPARTMENT agree to share the cost of this Project. The COUNTY agrees to provide one-half of the cost of the Project expenditures and the DEPARTMENT agrees to provide the other one-half pursuant to Florida Statutes 339.2817. Based on the aforesaid amount, the parties further agree that the DEPARTMENT'S maximum participation is THREE MILLION SIX HUNDRED FORTY FIVE THOUSAND FIVE HUNDRED SEVENTY THREE DOLLARS AND NO CENTS ($3,645,573.00) and all remaining costs of the Project will be borne by the COUNTY. However, in the event the total Project cost is less than the amount stated above, the DEPARTMENT shall only pay 50% of the lesser amount and all remaining costs of the Project will be paid by the COUNTY. Payment shall be made in accordance with the table set forth below: FM No. 431759-2-54-01 FY 16/17 FY 17/18 Total Amount Department's Share $845,948.00 $2,799,625.00 $3,645,573.00 County's Share $845,948.00 $2,799,625.00 $3,645,573.00 Total $1,691,896.00 $5,599,250.00 $7,291,146.00 Page 3 P109 i) The COUNTY acknowledges and agrees that funding for this Project may be reduced upon determination of the award amount and execution of an amendment by both parties. ii) The COUNTY shall submit one (1) original invoice and four (4) copies plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing on a quarterly basis. iii) All costs charged to the Project shall be supported by executed payrolls, time records, invoices, contracts, and/or vouchers evidencing in detail the nature and propriety of the charges. The COUNTY will be reimbursed only for actual expenses incurred during the Agreement time period that are directly related to the construction of the Project. B. The COUNTY shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of services to be performed and the criteria for evaluating successful completion. The Project, identified as Project Number 431759-2-54-01, the quantifiable, measurable, and verifiable units of deliverable are described more fully in Exhibit C, Deliverables, attached hereto and a made a part hereof. C. Upon submission of a quarterly invoice, the .DEPARTMENT's Project Manager will notify the DEPARTMENT's local Operations Engineer to inspect and verify that services by the COUNTY has met or does not meet the DEPARTMENT's standards/minimum level of service. D. Invoices shall be submitted by the COUNTY in detail sufficient for preaudit and postaudit thereof, based on the quantifiable, measurable, and verifiable units of deliverables as established in Exhibit C. Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager or designee prior to any reimbursement. Supporting documentation must establish that the deliverables were received and accepted in writing by the COUNTY and must also establish that the .required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in the paragraph above, has been met. E. The COUNTY must obtain the prior written approval from the DEPARTMENT, if deviating from the Deliverables in Exhibit C, prior to the COUNTY implementing the changes. F. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the final written acceptance of the Project by the DEPARTMENT. Invoices submitted after the 180 day time period may not be paid. The final balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final cost documentation, and proper submission of a detailed invoice after the Project has been inspected, approved, and accepted to the satisfaction of the DEPARTMENT in writing. G. There shall be no reimbursement for travel expenses under this Agreement. Page 4 H. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the DEPARTMENT determines that the performance of the COUNTY in unsatisfactory, the DEPARTMENT shall notify the COUNTY of the - deficiency to be corrected, which correction shall be made within a time frame to be specified by the DEPARTMENT. The COUNTY shall, within five days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plans describing how the COUNTY will i� address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverables deficiencies, or contract non-compliance. If the corrective action plans is unacceptable to the DEPARTMENT, the COUNTY shall be assessed a non-performance retainage equivalent to 10% of the total invoices amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until COUNTY resolves the deficiency. If the deficiency is subsequently resolved, the COUNTY may bill the DEPARTMENT for the retained amount during the next period. If the COUNTY in unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. I. The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. J. The COUNTY agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. K. The COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) business days to inspect and approve the goods and/or services unless the bid specifications, purchase order, or contract specifies otherwise. The DEPARTMENT has twenty (20) calendar days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) calendar days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. L. If a payment is not available within forty (40) calendar days of an invoice being received and stamped with an official date and time of receipt by the DEPARTMENT, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices that have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a completed invoice, as approved by the DEPARTMENT, is provided to the DEPARTMENT. M. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. Page 5 N. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be _ furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the Project records, together with supporting documents and records, of the COUNTY and all subcontractors performing work on the Project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a = proper audit of costs. - O. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S. are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." P. It is unlawful for the County Commission to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in Section. 129.06, Florida Statutes and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and the members of the County Commission voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted in accordance with Section 129.07, Florida Statutes. Q. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of thirty six (36) months from the date of being placed on the convicted vendor list. Page 6 P112 5- Indemnity and Insurance A. The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, and consultants/sub consultants who perform work in connection with this Agreement. To the fullest extent permitted by law, the COUNTY's contractor shall indemnify and hold harmless the COUNTY, the DEPARTMENT, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused, by the negligence, recklessness or intentional wrongful misconduct of contractor and persons employed or utilized by contract in performance of this contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the DEPARTMENT's and the COUNTY's sovereign immunity. To the fullest extent permitted by law, the COUNTY's consultant shall indemnify and hold harmless the COUNTY, the DEPARTMENT, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused, in whole or in part, by the professional negligence, error or omission, recklessness, or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the DEPARTMENT's, and the COUNTY's sovereign immunity. B. LIABILITY INSURANCE. The COUNTY shall cause the DEPARTMENT to be an Additional Insured on any and all liability policies which provided coverage for tort liability to the COUNTY in connection with its operations relating to the Project. The COUNTY shall furnish evidence of such coverage to the DEPARTMENT prior to the commencement of such operations in the form of an ACORD Certificate of Liability Insurance together with copies of any and all applicable Additional Insured endorsements. In the event the COUNTY has no such insurance coverage but instead maintains a self-insurance fund to cover such liabilities, the COUNTY agrees it shall disclose to the DEPARTMENT the amount of such self-insurance available. The COUNTY shall require any and all contractors, subcontractors, consultants, and subconsultants it may enter into agreements with in connection with the Project to cause the DEPARMTENT and the COUNTY to be made Additional Insureds on any and all liability policies providing coverage to said contractors, subcontractors, consultants, and subconsultants for their operations relating to the Project. C. WORKERS' COMPENSATION. The COUNTY shall also carry or cause its contractors, subcontractors, consultants and subconsultants it may enter agreements with in Page 7 P113 connection with the Project to carry Workers' Compensation insurance in accordance with the requirements under Florida's Worker's Compensation Law. D. The COUNTY shall forward, within five (5) days of its receipt, copies of any notices of cancellation or any other communications it receives that are related to any and all policies of insurance referenced in paragraphs B - C above and which affect or potentially affect such coverage available to the DEPARTMENT. 6- Compliance with Laws A. The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The COUNTY/ Vendor/ Contractor acknowledges and agrees to the following: 1) The COUNTY/ Vendor/ Contractor shall utilize the United States (U.S.) Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the COUNTY/ Vendor/ Contractor during the term of the contract; and 2) The COUNTY/ Vendor/ Contractor shall expressly require any subcontractors performing work or providing services pursuant to the state to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the contract. E. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, agents, consultants, subconsultants, contractors, and/or subcontractors are not agents of the DEPARTMENT and COUNTY as a result of this Agreement for purposes other than those set out in Section 337.274, Florida Statutes. 7 -Audit A. The administration of resources awarded through the DEPARTMENT to the COUNTY by this Agreement may be subject to audits and/or monitoring by the DEPARTMENT. The following requirements do not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of Page 8 P114 any state agency inspector general, the Auditor General, or any other state official. The COUNTY shall comply with all audit and audit reporting requirements as specified below. B. Monitoring 1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the COUNTY'.s use of state financial assistance may include but not be limited to on-site visits by DEPARTMENT staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the DEPARTMENT by this Agreement. By entering into this Agreement, the COUNTY agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. The COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT, the Department of Financial Services (DFS) or the Auditor General. 2. The COUNTY, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the DEPARTMENT through this Agreement is subject to the following requirements: a. In the event the COUNTY meets the audit threshold requirements established by Section 215.97, Florida Statutes, the COUNTY must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit D to this Agreement indicates state financial assistance awarded through the DEPARTMENT by this Agreement needed by the COUNTY to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the COUNTY shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. b. In connection with the audit requirements, the COUNTY shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. c. In the event the COUNTY does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the COUNTY is exempt for such fiscal year from Page 9 P115 the state single audit requirements of Section 215.97, Florida Statutes. However, the COUNTY must provide a single audit exemption statement to the DEPARTMENT at FDO3'SinQleAudit@dot.state.fl.us no later than nine months after the end of the COUNTY's audit period for each applicable audit year. In the event the COUNTY does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the COUNTY's resources (i.e., the cost of such an audit must be paid from the COUNTY's resources obtained from other than State entities). i. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSinaleAudij@dot.state.fl.us and State of Florida Auditor General Local Government Audits/342 11'1 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt&ud.state.fl.us ii. Any copies of financial reporting packages, reports or other information required to be submitted to the DEPARTMENT shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. iii. The COUNTY, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the COUNTY in correspondence accompanying the reporting package. iv. Upon receipt, and within six months, the DEPARTMENT will review the COUNTY's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and Page 10 P116 appropriate convective action on all deficiencies has been taken pertaining to the state financial assistance provided through the DEPARTMENT by this Agreement. If the COUNTY fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the DEPARTMENT may take appropriate convective action to enforce compliance. = V. As a condition of receiving state financial assistance, the COUNTY shall permit the DEPARTMENT, or its designee, DFS or the Auditor General access to the COUNTY's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. d. The COUNTY shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the DEPARTMENT, or its designee, DFS or the Auditor General access to such records upon request. The COUNTY shall ensure that the audit working papers are made available to the DEPARTMENT, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the DEPARTMENT. 8- Termination and Default A. This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon sixty (60) days written notice. However and notwithstanding the foregoing, the DEPARTMENT may terminate this Agreement in the event of the following: L If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. ii. If the DEPARTMENT .requires termination of the Agreement for any reason whatsoever in the sole discretion of the DEPARTMENT, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be .terminated. B. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. The COUNTY shall return the Project area to the same or better condition as existed before commencement of the Project. Page 11 P117 9- Miscellaneous A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue with respect to any judicial proceedings arising out of this Agreement shall be in Broward County. G. This Agreement shall be effective upon execution by all parties. H. An entity or affiliate which has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Page 12 P118 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this day of , by the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the day of and the DEPARTMENT has executed this Agreement through its District Director of Transportation Development for District , Florida Department of Transportation, this day of , INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS: ATTEST: BY: NAME:.JOSEPH E. FLESCHER COUNTY CLERK (SEAL) TITLE: CHAIRMAN day of .20 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: DEPUTY COUNTY ATTORNEY APPROVED AS TO TERMS AND CONDITIONS: FWA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY NAME: Page 13 BY: STACY L. MILLER, P.E DIRECTOR OF TRANSPORTATION DEVELOPMENT DISTRICT LEGAL REVIEW: OFFICE OF THE GENERAL COUNSEL P119 • F ' 'T ' • #261h'Stt q 26thtsl Oodgerdtd Dodoer•Rd CAr" Ir 'tea¢ J 'i�r �.0 > yams, st{• • 4 �U •'9 r � t (� %1t1. + -•A!/ SR-60 West of 46 •�% a • Project aY 41 n historic Dodgem n Avenue Yt�+'••, - Vrro 8+ 21st t•nlD +r4.ar Sta 2660+00 J 1Crt KL p �t-+ 3_ } .6\�� .x%1 4 inosCarn rhahan4 { r\\�„\„ r t Advance Auto Parts Restaurant t Pizzeira� ,3f��-i ,�"rKF,COth St t �� .•,...,*-i..,• , .,-� LO ��\vdti.n : >1P'w t 4rUfnhCr�il ' dl�a'nl 1911�h.Sr T .� it rl+ v °* 4,.rt.1 r r 4 '� 18111 Pl y6 ,'' .� a• O. -Jr 181Ii Std• r. ;18th•St te'PI EXHIBIT "A" SCOPE OF SERVICES FM# 431759-2-54-01 SR -60 at 431 Avenue Construction for this Project will include, but not be limited to the following: • Roadway reconstruction @ SR -60 & 43`d Ave • Drainage Improvements • Traffic Signal Improvements • Signing and Pavement Markings • Installation of new mast arms • Lighting • Landscaping • ADA upgrades to all curb ramps, sidewalks, and .curb and gutters within .the Project's limits The COUNTY shall perform the following services at their sole cost and expense: • Continuation of Professional Engineering Services for the reconstruction of the intersection at SR -60 and 43`a Avenue (Post Design) • Utility work and/or relocation Page 14 P121 Exhibit B 1. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices = ("MUTCD"). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide - -_ Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM") Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering _ Manual. The COUNTY will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the COUNTY shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The COUNTY shall maintain the = _ area of the project at all times and coordinate any work needs of the DEPARTMENT during construction of the Project. 2. The COUNTY shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within DEPARTMENT right of way. The COUNTY shall notify the DEPARTMENT should construction be suspended for more than 5 working days. The DEPARTMENT contact person for construction is Daniel Hiden located at 3601 Oleander Avenue, Fort Pierce, FL 34982-6594, Telephone number 772-288-5777, Email address: daniel.hiden(Wdot.state.fl.us. 3. The COUNTY shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The COUNTY is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the COUNTY that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 4. The COUNTY shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. 5. The COUNTY will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. Page 15 P122 6. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this Agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the COUNTY, except as may otherwise be provided in separate agreements. The COUNTY shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the COUNTY's use, occupancy or possession of DEPARTMENT .right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 7. The COUNTY shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 8. The COUNTY shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all appl-icable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 9. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the COUNTY. The COUNTY shall bear all construction delay costs incurred by the DEPARTMENT. 10. The COUNTY shall be responsible to maintain and restore all features that might require relocation within the DEPARTMENT right of way. 11. The COUNTY will be responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 12. The COUNTY will be required to maintain the Project until final acceptance by the DEPARTMENT. The acceptance procedure will include a final "walk-through" by Page 16 P123 COUNTY and DEPARTMENT personnel. Upon completion of construction, the COUNTY will be required to submit to the DEPARTMENT final as -built plans and an engineering certification that construction was completed in .accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the COUNTY shall remove its presence, including, but .not limited to, all of the COUNTY's property, machinery, and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. 13. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to the COUNTY. The COUNTY shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the COUNTY and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion"). If the COUNTY fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the COUNTY with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the COUNTY's sole cost and expense, without DEPARTMENT liability to the COUNTY for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall provide the COUNTY with an invoice for the costs incurred by the DEPARTMENT and the COUNTY shall pay the invoice within thirty (30) days of the date of the invoice. 14. The COUNTY shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The COUNTY shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. 15. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the COUNTY to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Planning and Environmental Management Office (PL&EM) must be contacted immediately at 954-777-4601. 16. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. Page 17 P124 17. Restricted hours of operation will be from 9:OOam to 3:30 pm, (Monday -Friday), unless otherwise approved by the Operations Engineer, or designee. 18. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. Barbara Kelleher Florida Department of Transportation Public Information Office 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309 954-777-4.090 Page 18 P125 Exhibit C DELIVERABLES FM# 431759-2-54-01 ffEm NO. DESCRIPTION UNIT ESTIMATED QTV. ---1.011-1 — MOBILIZATIONIDEMOBILIZATION LS 1 102-1 - MAINTENANCE OF TRAFFIC . .. . ............. LS I L 4INg. Qk NE [!A LF 0707—_16456 191-11 FLOATING TURBIDITY BARRIER LF —.560 -191-j8_ INLET PROTECTION SYSTEM EA 69 110-11-1 CLEARING AND GRUBBING I 2722_120-1 REGULAR EXCAVATION —Ls CY 12656 120-6EMBANKMENT (COMPACTEP IN LP CY 5781 160-4 12"STABLIZED SUBGRADE. SY 44048 -7 lqfLLO Z_ . ........ . .. 9" CEMENTED COQUINA SY 40554 . . . ......... . . 286-1 TURNOUT CONSTRUCTION, CONCRETE EIE SY 1493 6 - .. »__286.2 ... —.— TURNOUT CONSTRUCT10N.ASFIH -- _ALT . . TN 21 327-70-1- . . . . MILL EXISTING ASPHALT PAVEMENT SY 2944 34-1-13 TYPE SP APSHLATIC CONCRETEOVERBUILD -- 0777 2202TN 7200 7200 334:1:13_ SUPERPAVE ASPHALT CONC!jETSP-1 2.5,7RAFFIC C,.1.5" THICK TN 4562 337-7-32 APSHALT CONCRETE FRICTION COURSE FC- 5 TRAFFIC P,.RUBBER 1" THICK TN 0202 3430 ----- 400-1-2 CONCRETE CLASS I ENDWALLS CY 6.33 ..... ACO -2-2 . . . ....... CONCRETE CLASS 11, ENDWALLS I CY 27.4 —AikiLi ------ IREINFORCING-STEEL- ROADWAYL13S 1648 425 1311 INLETS qq TtIPELE-j,.�j EA 5 j4J2�j !NL;jp�Lj@PEE_, —425-1331 INLET8 CURB, TYPE P-3 <10' -------- 425-1341 .. INLETPSig I!g.F��O EA 7272 1 425-1351... INLETpSp!j@ TYPE P-5 <12� EA 14 425-1361. ........... INLET P 10070—_ EA 10 425-1421 ... IN S . ..... --PE J-2 <10' 7070 EA —2722_. 3 425-1452-- ----LETS LIN ,.g_qRB _,.g_ PE J-5. >IV EA 425-1461 425-1521 INLETS1 CURB TYPE J-6 <IW NIK§�QljqH Bq7j0M TYPE C <.l EA EA 425-2-41 MANHOLE EA A26-g:j2 MANHOLE, TYPILf-Z,.j 10' M6NE_j _.,_ _ . .. . .............. —EA 426-2-43 MANHOLE, TYPE P-7, PARTIALEA 425-2-61 MANHOLE TYPE P-8 < 10' EA 5 --- 426-2-63 MANHOLE. TYPE P-8. PARTIAL EA 2 _125-2-71 MANHOLE IM:L7,.IE EA 4 425-2-91 MANHOLE, TYPE J-8. < 10' •-.._........._ . . EA10 425-4 . ADJUST INLETS ........ ----------- E A 7 425-5 ADJUST MANHOLESEA 222...»7.7.7.•••7••......•....._...— — ---------- 5 426-6 VALVE BOXES ADJUST__ . .... . ... �A 38 430-174115.. alfff 6 430-174118 PIPE CULVE T ROUND 18"SD- — LF ---------- 5 430-1Z�LjjZ4 alPELCL&VEFkT fkqp ROUND. 24- SD ,RQ_Q�__ . ..... ... . ..... Lf. 613 4313-174130 PIPE CULVERTlkQ? ,ROUND _VL4p._ LF 1591. 4300.174136 PIPE CULVERT. RCP. ROUND, 36" SD LF 654 430-174142 PIPE CULVERT, ROUND, —AL RCP �L _Q,A 811 430-175-215 PIPE CULVERT, 0 430-17 226 PIPE CULVER-T RCP. gLh±ljLQ&,A5j 50 773-70-3 FRENCH DRAIN 18" LF1434 »2022».----- 520-1-10_RETE CURB & GUTTER {TYPE: 52D-!i:!l .... Am CONCRETE- TRAFFIC SEPARATOR CONCRETE- TUPE !EWIDE F 467 Page 19 P126 Exhibit C DELIVERABLES FM# 431759-2-54-01 ITEM NO. DESCPJPTION UNIT ESTIMATED QTY. 520-70 CONCRETE TRAFFIC SEEARAL QR.aFjEqL&LLffll_kBLE WIDTH C OR D -LkL� TREATED 7 SY §IP§A&L4j9j2NCRETE WTHICKI SY 624 570-1-2 ._.-»_- PERFORMANCE TURF. SOD SY 16608 l2R11_. 1MGLEPOST sIY Fa&!Zq__ --&a 20 700-2 0 2A, . SINGLE POS ..-----.._»._._ AS 13 LF 2-11 CONDUIT630 -SIGNALS _�l �UNELEfnlRPIL 12057 1-2!-95jN-QUIjfMLqNAL!j F&I) (UNDERPAVE M..E..NT) (DIRECTIONAL BORE ....... LF 1083 C0—NDUIj7kLlj§jQ.(@&lDGE MOUNTED) LF 1620 632-7-1 CABLE L§LGML)_LF&I) _ ---•__•- _ _- -Pi1 633-1-123 FIBER OPTIC CABLE LF 7298 -6-3.33- —1 5. FIBER OPTIC .. NLE_qlO_N.HLjDV&NAlQ.fflR;L�RMN_ATLD_PATCH PANEL) EA 1 635-2-11 PULL &SPLICE EA-;_ 23 635-2-13 --- -- - -- PULL PLICE F L(F!6ERpEjlq§L --------- �il . ....... �L2��su.�i _L . . . . ... . . . ......... . . . ......... . ... EA28 - -A3-9-1-12.3 ..... .SIGNAL jELECTRICAL POWER 639-2-1 SIGNAL ELIK7 __11EkyLCt\ME RLq6L LF.- 639-3-11 ELECTRICAL SERVICES EA 641-2- PRE -STRESSED CONCRETE POLEIF . YPE ID ...g�A 641-2-80 CONCRETE POLE REMOVAL I EA 646-1-11 ALUMINUM SIPOLES IMP_EQg§i&Lj.___ EA 8 649-311-04 STEEL MAST ARM (F&I) (W§A§p)SIGN. ARM /. _.. L_ -w -(? L _qM)(ZD.5 —2 §IGL31. T EL MAST &R W SLTUARMM/0-L(!Mlv§2 849 .118.. STEEL MAST &R & (Wq: 60 j 1 0 _ _MM IGN. ARM W/O LULMj.Vk&7§.q.j ...... EA- - SIGNAL F&ILC!:§E�Cn(IAAY .1 LUM) — — ------- AS . ........ 16 TRAFFIC SIGNAL JFLIJC�:SEqT.�L U§LILR fflj& L _)_LtK LRMJ.._ AS. 853-1-11 PEDESTRIAN SIGNAL (F& Q COUNTDOWNS IN ......... AS 8 6604-11 ME VEHICLE DETECTION M EQUIPMENTS REATI _gL_ 660-4-12 VEHICLE DETECTION SYSTEM F&I)jfflOVE GROUND) EA 4 65-1-11 PEDESTRIAN DETECTOR (F m IU12EL - ------ ----- —u 8 870-5-110 TRAFFIC .CONTROLLER 870 5 600 TRAFFIC CONTROLLERAS SM LYCL�QVE&.� --j82-j-jgL:L_ CCTV - P IjCLEjqL UIUD JI P!jI -GH DgLEINITQN EA 684-1-1 MANAGED FIELD kj!JEIINET qVrrQy E�D L EA 1. 685-1-11 UNITERRUPTIBLE POWER SOURCEIF EA 1 _.----_. --EA • 4 700-5-21 ILLIMINATED SIGN INTERNALLY fAl) - ------------ . . ... . .............. 4 700-1- . ...... !I--.. §IN(ZLELtOST _SIGN t8jtjak4j_!jj2L�SF- . . . .......... . . . .. . ............ 64 700-1-13 . M"M POST SIGN, F&I GM <12 SF . ...... . . . .... LS 705-11-1IDELINg6TQREL IILLILIU§L&A�R g?L -.9K . ......18 7083 REFLECTIVE PAVEMENT MARKERS LF 780 711-11111 THERMOPLASTIC. STANDARD, WHITE, SOLID, V- .... . . . ..... GM 3.1444 7111-11122 THERMOPLASTIC§TANQARDVfflgg,.§qLID, 8" GM 0.404 711-11123 THERMOPLASTIC. STA ....... -1- LF 2086 711-11124 THERM2PL&q r STANDARD WHITE, fjoLID 18" 455 563 711-11125 THERMOPLASTIC. STANDARP,WH�ITE §jQLIDLL 4L LF 711-11141 THERMOPLASTIC, STANDARD _)_MITE, SKIP 3.689 711-11160 THERMOPLASTIC STANDARD, -WHITE. MESSAGE -GM EA J-7 --7I-1-11170 THERMOPLASTICS STANDARD. WHITE. ARROW - - ------ - 88 711-11211 RD !.HE-RKQPLASTI9,STANDARD YELLOW SOLID 6" ..-EA GM -------- - 2.262 711-11222 THERMOPLASTIC STANDARD. YELLOW. SOLID. 18" LF 77 GM THERMOPLASTIC, STANDARD. YELLOW .SKIP 6 0.437711-11231 715-1-12 •THERMOPLASTIC, CONDUCTOR F&I INSULATED NO. 6 LF Page 20 P127 Exhibit C DELIVERABLES FM# 431759-2-54-01 ITEM NO. DESCPJFnON UNIT ESTIMATED QTY. 715-2-11-1 LIGHTING CONDUIT F&I UNDERGROUND 2" PVC SCH. 40 94.16 715-2-11-2 LIGHTING CONDUIT F&I EMBEDDED 2- FRE FIBERGLASS IN BRIDGE DECK —LF LF goo 7154-111 LIGHT POLE & FIXTURE COMPLETE F&I WIND SPEED j.60 FLQLE 40' EA 55 715-7-11 LOAD CENTER (INCLUDES ALL COMPONENTS LISTED ON SERVICE POINT DETAILS DRAWING_- EA- -Zj§.-j4Ejj-- EQ-kjL BQXf&!.(90 MOULDED 6Q§!9E),�L EA 72 ___715.7413___ ----- PULL BOX F&I EA — - - ------- - ------- 5 715-5000.1 POLE CABLE DISTRIBUTION SYSTEM CONVENTIONAL EA 73 715-5-11 LUMINAIRE AND BRACKET ARM F&I EA 16 EA --- 7154011 LIGHT POLE & FI COMPLETE SPECIAL FOUNDATION F&I 10 715-4600 LIGHT POLE & FIXTURE COMPLETE,, - ------- -- - EA 44 EA DIETES BICOLOREA 147 ILEXCASSINE ... . .... . EA3 LAGERSTROEMIA'MUSKOGEE' EA — - --- ---------------5 LIVISTONA CHINENSIS EA 5 PHOENIX SYLVESTRIS .. . . ...... —EA 4 QUERCUS VIRGINIANA EA. 22 SABAL PALMETTO EA 19 VIBURNUM ODORATISSIMUM EA 124 BA.H.IA SOD . ...... EA 47750 ST. AUGUSTINE.SOD SF 43670 — - ------ - - ------- FLORIMULCH . . ......... ... 35 .......... IRRIGATION Ls 1 0:1:2L-- PRE -STRESSED BEAMS TYPE 11 LIF 778.25 .--AkQ:2 -A CLASS all CONCRETE FOR BRIDGE DECK ND DIAPRHAGM CY 144 400-148-10 REINFORCING STEEL FOR BRIDGE DECK AND DIAPRHAGM CONCRETE TRAFFIC RAILLING BARRIER- 32" VERTICAL SHAPE LBS LF 44.548 350 ALUMINUM PEDESTRIAN RAILING LF . ..... 3.60 7 440 -RIDGE --- - -- - -- BRIDGE FLOOR GROOVING 523 440-147 COMPOSITE NEOPRENE PADS .. . ........ . 12 400-2-4 CLASS 11 CONCRETE FOR PILE .9&P.SPEDESTALS AND SEISMIC BLOCKS ............ . CY 80 .415-1-5 REINFORCING STEEL FOR PILE CAPS EDESTALS AND SEISMIC BLOCKS . . . . . ............ . . .... [�g, . LB . . . .. ............ . . 16150 55-3-2 PRESTRESSED PILES 18:;SQUARE 55MININUM (TEST) - LF 110 LFjq!a'ERLE§§Ej—PILES 42: MININUM END BENT LF LF PRESTRESSED PILES 18" SQUARE 40'MININUM WING BENT 80 PRESTRESSED PILES 18" SQUARE 40'MININUM INTER. BENTS LF . ..... 520 400-2-4 CLASS 11 CONCRETE FOR SIDEWALKS CY 45 416-14 REINFORCING STEEL FOR SIDEWALKS . . . . . ......... LB 3167 50-2A CLASS [IF BRIDGE DECK CONCRETE FOR APPROACH SLABSCY so REINFORCING STEEL FOR APPROACH LABS qES LB 10510 REVETMENT SF 2736 CEI CLASSIFICATIONS SR. PROJECT ENGINEER PROJECT ADMINISTRATOR SR. INSPECTOR INSPECTOR INSPECTOR'S AIDE QUALITY CONTROL (QC) MANAGER EARTHWORK CONSTR. INSPECTOR LEVEL I EARTHWORK CONSTR. INSPECTOR LEVEL 2 ASPHALT PAVING TECHNICIAN LEVEL I ASPHALT PAVING TECHNICIAN LEVEL 2 BRIDGE INSPECTOR 1 BRIDGE INSPECTOR 2 Page 21 P128 EXHIBIT D STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Florida Department of Transportation Agency: State Project COUNTY INCENTIVE GRANT PROGRAM Title: CSFA Number: 55.008 *Award Amount: $ 3,645,573.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.008 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: I State Project Compliance Requirements for CSFA Number 55.008 are provided at: hqRs://apps.fldfs.com/fsaa/sear6hCompliance.aspx The State Projects Compliance Supplement is provided at: hqps://aRRs.fldfs.com/.fsaalcomi2liance.aspx Page 22 P129 GRANT NAME: FDOT County Incentive Grant Program CIGP) SR60 & 43RD AVENUE Construction & CIE GRANT # 431759-2-54-01 AMOUNT OF GRANT: $3,645,573.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Richard B. Szpyrka. P.E.. Public Works Director TELEPHONE: (Z) 226-1234 1. How long is the grant for? Until December 30, 2019 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 50 % 5. Grant match amount required It 1., nn Starting Date: When executed by FDOT Yes _2L_No _X—Yes No Yes X No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? _$ 31645,511 On Signature of Preparers0 Date: 2_6 ' P130 Grant Amount Other Match Costs Not Covered Match Total First Year $ 3,645,573.00 $ $3,645,573.00 $7,291,146.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers0 Date: 2_6 ' P130 7CONSENT 7 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, County Engineer FROM: Nathan Ottoson, P.E., Project Engineer SUBJECT: Work Order No. 4—Engineering—MBV Engineering, Inc. Old Dixie Highway and Highland Drive Intersection Improvements DATE: February 23, 2017 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with MBV Engineering, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 4 is to provide design and permitting services for construction of improvements at Old Dixie Highway and Highland Drive intersection, which will involve roadway milling and repaving, striping, overhead flash system design (concrete poles, span wires and lights), roadside swales, culverts, stormwater structures, sidewalks and pedestrian ramp upgradesfor a lump sum amount of $39,280.00. FUNDING Funding is budgeted in Account No. 10215341-066510-16013, Traffic Impact Fees/District 3/Old Dixie/Highland Intersection in the amount of $39,280.00. RECOMMENDATION Staff recommends approval of Work Order No. 4 to MBV Engineering, Inc. authorizing design and permitting services for Old Dixie Highway and Highland Drive Intersection Improvements and requests the Board to authorize the Chairman to execute Work Order No. 4 on their behalf fora lump sum amount of $39,280.00. ATTACHMENTS 1. MBV Engineering, Inc., Work Order No. 4 APPROVED_ AGENDA ITEM FOR MARCH 7. 2017 C:\Users\GRANIC-1\AppData\L.ocal\Temp\BCL Technologies\easyPDF 7\@BCL@5005183D\@BCL@5005183D.doc P131 WORK ORDER NUMBER #4 = Old Dixie Highway & Highland Drive Intersection Improvements IRC Project No. 1362 This Work Order Number 4 is entered into as of this _ day of 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that =- certain Extension and Amendment of continuing Contract Agreement for Professional Services entered into - as of the 41h day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). SCOPE OF WORK It is our understanding that the COUNTY intends to provide roadway improvements at the intersection of Highland Drive and Old Dixie Highway in Indian River County. The proposed design improvements will consist of roadway milling and repaving, striping, overhead flash system design (consisting of concrete poles, span wires and lights), roadside swale grading, culverts, possible stormwater structures within the County right-of-way, and sidewalk and pedestrian ramp upgrades. MBV Engineering, Inc. will provide the survey, design, permitting, and bidding service related to the above activities. 1. Survey (Existine Conditions) The Consultant will utilize the existing boundary and topographic survey dated July 2014 by Masteller & Moler for the area to receive the improvements. 2. Design .Services a. Construction Plans The Consultant will prepare 11" x 17" design drawings signed & sealed, for the above described improvements. The design drawings will include Horizontal Control Site layout, pavement design plan, drainage design plan, erosion control plan, and details. b. Construction Cost Estimate The Consultant will prepare estimates of probable construction costs (based upon FDOT Basis of Estimates) at approximately 60, 90 and 100 percent levels of design completion. C. County Reviews The Consultant will attend three (3) progress review meetings with the COUNTY Engineering Department staff at approximately 60, 90 and 100 percent levels of design completion. A single set of review comments shall be provided to Consultant from COUNTY Engineering Division staff prior to each review meeting. 3. Permitting / Bidding Services The Consultant will prepare the following permit application and associated submittals for the following agency: P132 • St. Johns River Water Management District Standard General Permit ($250 fee) No wetlands, endangered species or other ecological permitting is anticipated or included herein. The Consultant shall respond to up to one (1) request for additional information by the permitting agency. The Consultant will be responsible for the above listed permit fee. The COUNTY shall be responsible for setting the bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will prepare a .pdf of the Technical Spec Provisions / bid documents for .the COUNTY's use in distributing the bid documents to prospective bidders via Demandstar. DELIVERABLES The Consultant shall provide the COUNTY with the following: • Two (2) hard copies 11" x 17" of the bid documents Final Drawings, signed & sealed • One (1) signed & sealed .pdf and .dwg copy of the drawings and bid.documents • Technical responses for one addenda, as required for clarifying responses from the pre-bid meeting • Bid award recommendation letter SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Survey and Design Services 90 days from the date of authorization • Permitting/ Bidding Services 60 days from completion of design FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Design Services $32,250 Permitting / Bidding Services $ 7,030 Work Authorization Total $39,280 P133 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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 MBV Engineering, I OF INDIAN RIVER COUNTY By: Aaron Bowles, P.E. Title: Vice President By: Joseph E. Flescher, , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P134 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 27, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Comprehensive Countywide Septic to Sewer Priority Ranking Study Technical Assistance Grant DESCRIPTIONS AND CONDITIONS: On October 18, 2016, the Indian River County Board of County Commissioners (BCC) authorized Schulke, Bittle & Stoddard, LLC to prepare a comprehensive, countywide septic -to -sewer priority ranking study based upon various physical and environmental factors, as well as construction cost estimates for a sum amount of $86,300.00. Since the approval, the Assistant County Attorney has solicited additional funding for the subject study from the Department of Economic Opportunity (DEO). The DEO, under the Fiscal Year 16/17 Technical Assistance Grant, has committed to fund $35,000.00 towards the study. ANALYSIS: The scope of work has been approved and finalized by both parties. The DEO is currently preparing the agreement for signature. Therefore, in the essence of time, efficiency and simplicity, staff recommends adopting a new resolution whereby signature authority is granted to the County Administrator when the agreement is finalized by the DEO for signature. FUNDING: Total cost of the study previously approved by the BCC is $86,300 and is funded from the Capital Funds account; the $35,000 grant will reduce the county's net cost of the study to $51,300. Funds for this project are derived from capital funding. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. Description Account Number Amount Countywide Septic to Sewer 472-169000-17501 $51,300 RECOMMENDATION: Staff requests the BCC recommend the adoption of Resolution No. 2017-XXXX and authorize the Chairman to sign same. ATTACHMENT(s): 1. Resolution No. 2017- C:\Users\GRAN IC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FOOSC2B8\@13CL@F005C288.docx M W P135 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE COUNTY ADMINISTRATOR TO SIGN ANY AND ALL CONTRACTS AND DOCUMENTS RELATED TO SECURING $35,000 FROM THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR THE COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT. WHEREAS, the Florida Department of Economic Opportunity is offering a Community Planning Technical Assistance Grant to assist counties and municipalities in developing economic development strategies, meeting the requirements of the Community Planning Act, addressing critical local planning issues, and promoting innovative planning solutions to challenges identified by local government applicants; and WHEREAS, Indian River County has undertaken a comprehensive countywide septic to sewer priority ranking study ("Countywide Septic to Sewer Study"); and WHEREAS, the Countywide Septic to Sewer Study qualifies for the Community Planning Technical Assistance Grant; and WHEREAS, staff has confirmed that Indian River County is eligible for $35,000 through the Community Planning Technical Assistance Grant to assist in the funding of the Countywide Septic to Sewer Study; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board of County Commissioners of Indian River County (the "Board"). Section 2. The Board authorizes the County Administrator to sign any and all contracts and documents with the Florida Department of Economic Opportunity related to securing $35,000 through the Community Planning Technical Assistance Grant. Section 4. That this Resolution shall take effect immediately upon its passage. The foregoing resolution was moved for adoption by Commissioner . and seconded by Commissioner . and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc CIU-4.1—MCIU-4.1—M 1Da.h p1Gttmk-Wg-nne R—hnon 2017-2.d— Page I of 2 P136 RESOLUTION NO. 2017 - The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2017. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF INDIAN and Comptroller RIVER COUNTY, FLORIDA By: By: Deputy Clerk Joseph E. Flescher, Chairman BCC Approval Date: March 2017 Approved as to form and 'legal sufficiency: By: Dylan Reingold, County Attorney C:IUmxlha/erandulDeshopl0rttnkuaiSYgnartnrRcmhmon 1017-Q.d— Page 2 of 2 P137 INDIAN RIVER COUNTY, FLORIDA N MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Florida Department of Transportation (FDOT) Authorizing Resolution for County Support of Oslo Road and I-95 Interchange Improvements Financial Project No. 413048-2 DATE: February 21, 2017 DESCRIPTION AND CONDITIONS Florida Department of Transportation (FDOT) Bulletin 15-03 requires that the local agency governing board approve a resolution or equivalent approval endorsing FDOT delivery of Off - System projects. The resolutions endorse FDOT's delivery of projects that are within the local agency's right of way or local jurisdiction. The attached resolution is in support of the Florida Department of Transportation, to manage, construct, and deliver, Financial Project No. 413048-2, which involves the acquisition ofrights-of- way, construction of an interchange at Oslo Road and I-95, relocation of 82nd Avenue, cul-de-sac construction on 86h Avenue SW, improvements to 13' Street SW, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. FUNDING Funding is not necessary for action on this item. RECOMMENDATIONS Staff recommends the Board of County Commissioners approve the Authorizing Resolution in support of the above project and authorize the Chairman to execute the same. ATTACHMENTS Authorizing Resolution APPROVED AGENDA ITEM FOR MARCH 7, 2017 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@50052928\@BCL@50052928.doc P138 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE PROPER COUNTY OFFICIALS TO ADOPT A RESLOUTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORATION TO MANAGE, CONSTRUCT, AND DELIVER AN INTERCHANGE AT CR- 606/OSLO ROAD & SR 9/1-95, FOUR LANE ROADWAY WIDENING OF OSLO ROAD AND REALTED IMPROVEMENTS IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORATION PROGRAM BULLETIN 15-03 IN COMPLIANCE WITH THE POLICY FOR PROJECTS NOT ON A ROADWAY WITHIN THE STATE HIGHWAY SYSTEM WITHIN THE LOCAL AGENCY'S RIGHT-OF-WAY/LOCAL JURISDICTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) conducted a study of the Strategic Intermodal System (SIS) within FDOT District 4; and WHEREAS, FDOT is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as Financial Project No. 413048-2, which involves the design, acquisition of rights-of-way, construction of an interchange at Oslo Road and 1-95, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. WHEREAS, the County is in support of the improvements to Oslo Road/CR 606 and SR9/1-95, providing an interchange connection to 1-95 from Oslo Road; and WHEREAS, a resolution to endorse FDOT's delivery of said Project within the local agency's right of way/local jurisdiction is required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. That the Board of County Commissioners of Indian River County, Florida hereby supports the Florida Department of Transportation to manage, construct and deliver, Financial Project No. 413048-2, which involves the acquisition of rights-of-way, construction of an interchange at Oslo Road and 1-95, relocation of 82nd Avenue, cul-de- sac construction on 86th Avenue SW, improvements to 13th Street SW, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. 2. The County Attorney shall review and approve as to form and legal sufficiency all documents prior to their execution by the proper County officials. 3. This Resolution shall be in full force and effect upon final passage P139 RESOLUTION NO. 2017 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Tim Zorc, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney P140 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Florida Department of Transportation (FDOT) Authorizing Resolution for County Support of Oslo Road Widening Project Financial Project No. 431521-1 DATE: February 21, 2017 DESCRIPTION AND CONDITIONS Florida Department of Transportation (FDOT) Bulletin 15-03 requires that the local agency governing board approve a resolution or equivalent approval endorsing FDOT delivery of Off - System projects. The resolutions endorse FDOT's delivery of projects that are within the local agency's right of way or local jurisdiction. The attached resolution is in support of the Florida Department of Transportation, to manage, construct, and deliver, Financial Project No. 431521-1, the widening of Oslo Road/CR 606 from 82nd Avenue SW to 58' Avenue SW. The project involves design, rights-of-way acquisition, construction of a four lane divided roadway, mast arm signalization, stormwater treatment facilities, drainage modification, sidewalks, crosswalks, and curb ramps, new signing and pavement markings, and other associated improvements. FUNDING Funding is not necessary for action on this item. RECOMMENDATIONS Staff recommends the Board of County Commissioners approve the Authorizing Resolution in support of the above project and authorize the Chairman to execute the same. ATTACHMENTS Authorizing Resolution APPROVED AGENDA ITEM FOR MARCH 7, 2017 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@50054A32\@BCL@50054A32.doc 1 M P141 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE PROPER COUNTY OFFICIALS TO ADOPT A RESLOUTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORATION TO MANAGE, CONSTRUCT, AND DELIVER A FOUR LANE ROADWAY AND REALTED IMPROVEMENTS TO OSLO ROAD/CR 606 FROM 82ND AVENUE SW TO 58TH AVENUE SW IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORATION PROGRAM BULLETIN 15-03 IN COMPLIANCE WITH THE POLICY FOR PROJECTS NOT ON A ROADWAY WITHIN THE STATE HIGHWAY SYSTEM WITHIN THE LOCAL AGENCY'S RIGHT-OF-WAY/LOCAL JURISDICTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as Financial Project No. 431521-1 Oslo Road/CR 606 from 82nd Avenue SW to 58th Avenue SW, Indian River County, which involves rights-of-way acquisition, construction of a four lane divided roadway, mast arm signalization, stormwater treatment facilities, drainage modification, sidewalks, crosswalks and curb ramps, new signing and pavement markings, and other associated improvements. WHEREAS, the County is in support of the improvements to Oslo Road/CR 606 from 82nd Avenue SW to 58th Avenue SW to provide a major roadway connection between US -1 and 1-95; and WHEREAS, a resolution to endorse FDOT's delivery of said Project within the local agency's right of way/local jurisdiction is required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. That the Board of County Commissioners of Indian River County, Florida hereby supports the Florida Department of Transportation to manage, construct and deliver Financial Project No. 431521-1 Oslo Road/CR 606 from 82nd Avenue SW to 58th Avenue SW, Indian River County, which involves design, rights-of-way acquisition, construction of a four lane divided roadway, mast arm signalization, stormwater treatment facilities, drainage modification, sidewalks, crosswalks and curb ramps, new signing and pavement markings, and other associated improvements. 2. The County Attorney shall review and approve as to form and legal sufficiency all documents prior to their execution by the proper County officials. P142 RESOLUTION NO. 2017 - 3. This Resolution shall be in full force and effect upon final passage. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Tim Zorc, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of , .2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney P143 Consent Agenda Item E INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 22, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Approval of Work Authorization No. 2017-002 to Replace Water Services in Grand Harbor at St. David's Lane—UCP #4130 DESCRIPTIONS AND CONDITIONS: The water main within St. David's Lane has been in existence for approximately twenty seven (27) years. Over the past five years, the Indian River County Department of Utilities Services (IRCDUS) has been called to the St. David's Lane area within Grand Harbor for emergency repairs to various water laterals between the main and the meter box. Grand Harbor management personnel approached the county about re -paving St. David's Lane. Prior to doing so, IRCDUS operations personnel has recommended replacing the laterals under the roadway in order to minimize potential future interruption of water service to our customers in this area and also to avoid open cutting the newly paved roadways. ANALYSIS: Staff decided the most efficient and timely method to replace these service lines was to utilize the IRCDUS labor contractor, Blue Goose Construction. A list of the anticipated material quantities was prepared and bid prices from the Blue Goose Construction contract was used to calculate the labor expense. The total material cost was based on unit prices derived from the Annual Contract for Utility Warehouse Stock where the county will realize a 7% savings on the material by Owner Direct Purchase. The total labor cost estimate for Blue Goose Construction is $89,255.65 (See Attachment 2). The total construction labor cost including the material cost is therefore $127,806.85. FUNDING: Funding for this project is derived from the R&R budget in the Operating fund. The Operating fund budget is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Grand Harbor -St. David's Lane 1 471-169000-17502 $127,806.85 P144 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the retention of Blue Goose Construction to replace the lines identified above in Grand Harbor -St. David's Lane for the amount of $89,255.65 and also requests that the Board of County Commissioners approve Work Authorization No. 2017-002 (See Attachment 3) and authorize staff to directly purchase materials totaling $38,551.20. ATTACHMENT(s): 1. Work Authorization No. 2017-002 2. Cost Estimate— Labor and Material 3. Blue Goose Quotation C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyP DF 7\@BCL@F405CEC5\@BCL@F405CEC5.docx P145 WORK AUTHORIZATION DIRECTIVE No. 2017-002 St.David's Lane at Grand Harbor Water Services Replacement Project BLUE GOOSE CONSTRUCTION DATE OF ISSUANCE: March, 2017 ATTACHMENT 1 EFFECTIVE DATE: March 7, 2017 OWNER: Indian River County CONTRACTOR: Blue Goose Construction CONTRACT: WATER, SEWER AND RECLAIM WATER LINE REPLACEMENT/ EXTENSIONS AND MISCELLANEOUS LABOR CONTRACT, BID NO. 2015001, AWARDED September 9, 2014 PROJECT: St.David's Lane at Grand Harbor Water Services Replacement Project COUNTY UTILITY PROJECT NO.: UCP #4130 CONTRACTOR'S PROJECT NO.: N/A COUNTY WIP. No. You are directed to proceed promptly with the following work: Description: The project will consist of replacing approximately 42 single and double water services serving the residences at St.David's Lane located in Grand Harbor. Attachments: Attachment 2 Method of determining Contract Price: , © Unit Prices: Bid Items as established pursuant to Bid No. 2015001, and awarded by the Board of County Commissioners on September 9, 2014 to Blue Goose Construction, Inc. © Lump Sum m Cost of the Work The Cost of Labor, Contingency and Contract Time is summarized below: Labor Cost (rounded) _ $89,255.65 Estimated 90 days from NTP Contract Time: ACCEPT By: Blue Goose Construction Labor Contractor? -L% Date: ,-I // —/ RECOMMEDd WD! By: ArjunkVfelaBeee',P.E. Capita I'llrojects Manager Date: alga I n APPROVED: By: COUNTY, CHAIRMAN Joseph E. Flescher Date: C.\Uscm\sbusb\AppData\Local\Microsoft\Windows\Tcmpomry Intemet Files\Content.0utlook\8BETR4YV\Work Authorization No. 2017- 002.doc P146 Indian River County Department of Utilities LABOR AND MATERIAL COST Project: GRAND HARBOR - St. David's Lane - WATER SERVICE REPLACEMENT PROJECT Datc: January 11, 2017 LABOR COSTS ir MATERIAL COSTS (HD Waterworks) Bid Bid Item Estimated Unit of Labor Unit Total Labor Material Unit Total Material Item No. Description Cluanti Measure Price Price Price Price 71 Mobilization, Demobilization, MOT 1 30 % $7,376.50 23 Test Holes / Potholes 84 EA. $250.00 $21,000.00 700 LF $4.80 $3,360.00 2.75 $1;925.00 Ola Install 1" or 1-1/2"' pe or PVC Service Line 300 LF $33.35 $10,005.00 2.00 $600.00 07a Install 2-4' HDPE Directional Bore Install Water Service Single Short with 2" Saddle and 6 EA. $300.00 $1,800.00 300.00 $1,800.00 18a Corp Stop at Main Install Water Service Double Short with 2" Saddle and 9 EA. $350.00 $3,150.00 510.00 $4,590.00 18e Corp Stop at Main Install Water Service Single Long with 2" Saddle and Corp 7 EA. $425.00 $2,975.00 310.00 $2,170.00 18g Stop at Main Install Water Service Double Long with 2" Saddle and 20 EA. $425.00 $8,500.00 570.00 $11,400.00 18j CorpStop at Main 181 Install 2" service casing 25 EA. $400.00 $10,000.00 2.75 $1,925.00 Install Asphalt Cement Replacement over full trench width Including Base & Sub-grade Compacted to County 100 TON $45.00 $4,500.00 $75.00 $7,500.00 67a Specifications 86a Lawn Restoration (Topsoil & Sod) up to 12' Wide 100 1 SY $2.25 $225.00 $2.16 $216.00 Well Point Dewatering, Each Tier depth up to 25' 66a (Minimum 30'X 30' Work Area) 2 EA. $3,500.00 $7,000.00 66b Well Points, Additional Points as Needed 50 EA $25.00 $1,250.00 Subtotal SubtotalWaterSystem Labor $81,141.50 $32,126.00 Contingency 1 % 10% $8,114.15 20% $6,425.20 Subtotal Subtotal Water System Labor, Mob., Demob., MOT, $89,255.65 Materials, & Permitting $38,551.20 subTotal Labor Cost $89,255.65 Materials $38,551.20 TOTAL COST $127,806.85 ATTACHMENT 2 P147 BLUE Blue QUOTATION/ESTIMATE Goon Loose Construction �Heary CMI (Underground Utlities/ Compkte SleUevelopmentf Marine Project: GRAND HARBOR - St. David's Lane - WATER SERVICE REPLACEMENT PROJECT To: Indian River County Utilities CONTACT: Steve. Bush PHONE: 772-216-1873 Date: January 11, 2017 EMAIL LABOR COSTS Bid Bid Item Estimated Unit of Labor Unit Total Labor Item No. Description quantity Measure Price Price 71 Mobilization, Demobilization, MOT 1 10 % $7,376.50 23 Test Holes / Potholes 84 EA. $250.00 $21,000.00 700 LF $4.80 $3,360.00 Ola Install 1" or 1-1/2"' pe or PVC Service Line 300 LF $33.35 $10,005.00 07a Install 24" HDPE Directional Bore Install Water Service Single Short with 2" Saddle and 6 EA. $300.00 $1,800.00 18a lCorp Stop at Main Install Water Service Double Short with 2" Saddle and 9 EA. $350.00 $3,150.00 18e Corp Stop at Main Install Water Service Single Long with 2" Saddle and Corp 7 EA. $425.00 $2,975.00 18g IStop at Main Install Water Service Double Long with 2" Saddle and 20 EA. $425.00 $8,500.00 18j Corp Stop at Main 181 Install 2" service casing 25 EA. $400.00 $10,000.00 Install Asphalt Cement Replacement over full trench width including Base & Sub-grade Compacted to County 100 TON $45.00 $4,500.00 67a Specifications 86a Lawn Restoration (Topsoil & Sod) up to 12' Wide 100 SY $2.25 $225.00 Well Point Dewatering, Each Tier depth up to 25' 66a (Minimum 30'X 30' Work Area) 2 EA: $3,500.00 $7,000.00 66b Well Points, Additional Points as Needed SO EA. $25.00 $1,250.00 Subtotal SubtotalWaterSystem Labor $81,141.50 Contingency 1 % 10% $8,114.15 Labor Total = $89,255.65 ATTACHMENT 3 P148 ' 11 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 22, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Fischer lake Island Subdivision Phase 1 through 6 and Replat of 7 Petition Water Assessment Project UCP 4118 — Bidding Status: Bid No. 2017-026 DESCRIPTIONS AND CONDITIONS: On October 4, 2016, the Indian River County Board of County Commissioners (BCC) adopted Resolution III, confirming the special assessments in connection with the water main extension for Fischer Lake Island Subdivision Phase 1 through 6 and Replat of 7 in Indian River County, Florida. The project was advertised December 9, 2016, and opened January 12, 2017. ANALYSIS: The engineer's opinion of probable construction cost for the project to benefit the sixty (60) parcels was estimated to be $486,424.20. Although forty one (41) potential contractors were listed as plan holders on Demandstar, only one (1) prospective bidder submitted a bid proposal. Bids Opened January 12, 2017 Bidder Location Total Bid Amount Increase in Price Timothy Rose Contracting, Inc. Vero Beach, Florida $641,362.93 31.85% The unit price for the 6 -inch water main appears to be an anomaly compared to the unit price for 8 -inch pipe. Upon further evaluation Timothy Rose Contracting noted that the 6 -inch water main unit price in the original bid was an error. The contractor submitted the revised unit price as a Change Order to the original contract. A deduct of $95,260.00 from the original contract will bring the new total to $546,102.93 (see attached Change Order No.1) which is a 12% increase of the total preliminary assessment cost. Please note that at the time BCC adopted Resolution III, the BCC requested the addition of two (2) fire hydrants to the project to be located outside the Fischer Lake Island Subdivision and this cost is to be borne by the county. The unit price of each hydrant assembly is $5,014.00. Excluding the two hydrants, the actual increase is only 10% above the total preliminary assessment cost. Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $546,102.93. Timothy Rose Contracting, Inc., has completed various construction projects for the county and has consistently performed work in a satisfactory manner. The deficit will be funded through assessment reserves. C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A8053A8E\@BCL@A8053A8E.docx P149 FUNDING: Funds for the majority of the project will be derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners available in the Utilities assessment fund account. The two hydrants outside of Fischer Lake Island will be funded from the Capital Fund. The Capital Fund is derived from Impact Fees. Description Account Number Amount Fischer Lake Island Water Assessment 473-169000-15525 $536,074.93 Fire Protection- County Preserve 472-169000-15525 $ 10,028.00 RECOMMENDATION: Staff recommends that the project be awarded to Timothy Rose Contracting, Inc., in the amount of $546,102.93 and requests that the BCC: a. Approve the attached sample agreement. b. Authorize the Chairman to execute Change Order No.1 deducting $95,260 from the initial submitted bid to 2017-026 of $641,362.93. ATTACHMENT(s): 1. Sample Agreement 2. Change Order No.1 C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A8053A8E\@BCL@A8053A8E.tlocx Page 2 of 5 P150 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Fischer Lake Island Water Assessment Project THIS AGREEMENT ('Agreement" or "Contract"), dated the day of in the year 2017 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and .(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee.shall furnish and complete all of the necessary labor, material, and equipment to; perform the work as specified or indicated in the Contract Documents and per FDEP. ;FDOT, County Utilities Department and County Engineering Department standards. The -work is generally described as follows: IRCDUS proposes to construct IRCDUS .proposes b5`donstruct a new 8" and 6" water system to serve 60 lots in the Fischer Lake Island subdivision. The facilities shall include about 7000 feet of 8" PVC pipe, 2,000 feet of 6" PVC pipe, 120 feet of 2" PE pipe, 60 feet of 6" HDPE pipe; 400 feet of,.8" HDPE pipe and 8 fire hydrants on Water Vliet Avenue, Canoe Launch Cove and Eagles Circle. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and .tree removal; dewatering; installation of pipe, structures and all appurtenances; "soil backfill compaction; testing; exfiltration testing; backfill and subgrade'testing); road, landscape and driveway restoration; regrading and grassing (sod); and traffic control. All right —of -way shall be restored to like or better condition including sidewalks and drainage. No excavation shall be left open when `work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. The Contractor, shall submit a Traffic Control Plan to the County Traffic Engineering Division for Water Vliet Avenue and to the City of Sebastian Traffic Engineering Division for Canoe Launch Cove and Eagles Circle a minimum of 72 hours prior to construction and notify the Traffic Engineering Divisions a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained if the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. 00530-1 P151 ARTICLE 2 ENGINEER The Fischer Lake Island Water Assessment project has been designed by Gordon E. Sparks, P.E. and administered/managed by Arjuna Weragoda, P.E., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days from effective date of Notice;'to,.Proceed;>,.Contractor shall complete the following tasks: 1. Obtain all necessary permits. ; 2. Receive approved shop drawings; for all materials an`d":d,Iuipment to be utilized on the job. ;, 3. Perform all photographic recording and .documentati.on of conditions prior to construction. f" 4. Locate all existing utilities in the area of wotk.. 5. Submit and secure approval;of shop drawings..' 6. Mobilize all labor,;equipment,.'and materials. u 7. Deliver and store 'alliequipmerif and materials to the job site. 8. Notify all utilities and, other affecied,�parties prior to initiating construction. (b) From 16 calendar, days to 120` calendar days from the effective date of Notice to Proceed, the'CONTRACTOR'"shall complete the following tasks: 1. lnstall'all'pipe:;and appurtenant items. 2. Perforftall testing. :3." Restore all: disturbed areas to their pre -construction condition. Correct all,.defciencies noted by Engineer. Completion ofall -tasks ;outlined above (i.e., Subparagraphs a) and b) constitutes ;:Substantial Completion. .c) .. From 1.21 calendar days to 150 calendar days from the effective date of Notice to "Proceed�e CONTRACTOR shall complete the following tasks: I Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions 00530-2 P152 thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work Within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.2 for Final Completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages; the CONTRACTOR shall be responsible for reimbursing OWNER for, third party consultants in administering the Project beyond"the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR .for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 546,102.93 ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of, the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the 00530-3 P153 Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by.the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutessection 218.735(8) (c) (2005), CONTRACTOR further acknowledges and agrees that: 1)".the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%d) after fifty percent (50%) completion; and 2) CONTRACTOR will, not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and ,acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and, -the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. 00530-4 P154 ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations'that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and `tests of subsurface conditions and drawings of physical conditions which are identified "� in the Supplementary Conditions as provided in Paragraph 4.02 of the General Coridtions, and accepts the determination set forth in Paragraph SC -4.02 of the`S' upplementary Conditions of the extent of the technical data contained in such reports and drawings upon whichCONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefullystudied (or assumes responsibility for obtaining and carefully studying) all such examinaiions, investigations, explorations, tests, reports and studies (in addition to or to supplerrientihose referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of . furnishing of: the .work at the Contract Price, within the Contract Time and in accordance., with .the other, terms and conditions of the Contract Documents, including specifically the,:provisions of'Paragraph 4.02 of the General Conditions; and no additional examinations, investigations; `explorations, tests, reports, studies or similar information or data are or°.will be4equired by -CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed -and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by -CONTRACTOR iri,,order to perform and furnish the work at the Contract Price, within the Contract. Time arid, in accordance with the other terms and conditions of the Contract Documents, i ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Public Construction Bond (Section 00600). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). Documents/Specifications bearing the title "Fischer Lake Island•Water Assessment Project/ Bid No. 2017026" 8.6 Addenda numbers to , inclusive. 8.7 CONTRACTOR'S Bid (Section 00310). 8.8 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, December 2015", or the latest version thereof & DIVISION. II" TECHNICAL SPECIFICATIONS. a 8.9 The following, which may be delivered or issued after -the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to,,Paragraphs 3.04 of the General Conditions. There are no Contract Documents other'•than those' listed above in this Article 8. The Contract Documents may only be amended, modified br supplemehted_,as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which 'are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that -the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contractor its right, ;fitle,.•or interest in or to the same or any part thereof, or allow legal action to be brought in its „name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of th6%OWNER be deemed an event of default hereunder. Nothing herein shall be .construb"&:as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, -successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall 00530-6 P156 be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and 'repiiesents that it has no obligation of indebtedness that would impair its ability to fulfill.the terms.of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more, counterparts, ;but all such counterparts, when duly executed, shall constitute one and the same,Agreement. 9.9. Public Records. Indian River County is a public.,agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's, Public Record's..Law. Specifically, the Contractor shall: A. Keep and maintain public records`` required" by the County to perform the service. B. Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records..6r allow the records to be inspected or copied within a reasonable time at-a;cost that does not exceed the cost provided in Chapter 119 or as otherwise' provided bylaw: C. Ensure that public records that are,";`,exempt or confidential and exempt from public records disclosuce.-requirements are not'disclosed except as authorized by law for the duration 'of the conteact.term and,following completion of the contract if the . contractor does not transfer'tyihe,.records to the County. D. Upon,.completion of the contract; transfer, at no cost, to the County all public records in. possession of the;.Contractor or keep and maintain public records required by,the County to,,perform the service. If the Contractor transfers all public records. to the County upon completion of the contract, the Contractor shall destroy any duplicate public,records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements -for retaining public records. All records stored electronically must be p'rovide'd t6the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords0-ircam.com 00530-7 P157 Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these .requirements shall be a material breach of this Agreement. This Agreement will be effective on , 2017 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: By: Joseph E. Flescher, Chairman Jason E. Brown, County Administrator . .;J APPROVED AS TO FORM AND 'LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney - Jeffrey R. Smith, Clerk,:of..Qgprt and Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated• Representative: Name: Title: Contact Info: 00530-8 CONTRACTOR: q, (Contractor) s' CORPORATE SEAL) ) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If 'CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) P158 CHANGE ORDER No. 1 PROJECT: Fischer Lake Island Watermain.Assessment_Proiect DATE OF ISSUANCE F.ebruary-16, 2017 EFFECTIVE DATE March 7. 2017 OWNER Indian River County OWNER's Contract No. _ 2017-026 Project No. . CONTRACTOR Timothv Rose Contractine. Inc. ENGINEER Indian River Count You are directed to make the following changes in the Contract Documents: Description: Prior to Contract award, the Contractor has found an error in the unit price. Reason for change order: A deduct in the unit price for 6 -inch PVC watermain installed. Attachments: (List documents supporting change) Revised Schedule of Bid Items Dated 2/16/17 _ CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $ 641,362.93 Substantial Completion: 120 Ready for final payment, 150 Days or dates Net changes from previous Change Orders Net change from previous Change Orders No. to No. No. to No. $ 0.00 0 days Contract Price prior to this Change Order Contract Time prior to this Change Order $ 641;362.93 Substantial Completion: 120 Ready for final payment: 150 Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ 95.260.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 546,102.93 Substantial Completion: 120 Ready for final payment: 150 Days or dates RECOMMENDED: By: Engineer (Authorized Signature) Date: APPROVED: ACCEPTED: By: By: �f Owner (Authorized Signature) ntracto (Authorized Signature) Date: Date: 2. ( S _ 0 E1CDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America P159 SCHEDULE OF BID ITEMS BID NUMBER 2017-026 PROJECT IDENTIFICATION: Fischer Lake Island Water Assessment Project DATE: 16 -Feb -17 1800 27th STREET VERO BEACH, FLORIDA 32960 BY: Timothy Rose Contracting, Inc. Company Name Bid Bid Item Estimated Unit of Unit B)d Price Bid Item Total (in figures) Item No. Description Quantity Measure (in figures) 1 Install 8" PVC Water Main* 7,000 LF $ 30.77 $ 215,390.00 2 Install 6" PVC Water Main* 2,000 LF $ 27.50 $ 55,000.00 3 Install 2" PE Water Main* 120 LF $ 18.60 $ 2,232.00 4 Install 8" HDPE Dir. Drill Water Main 400 LF $ 75.00 $ 30,000.00 5 Install 6" HDPE Dir. Drill Water Main 60 LF $ 78.00 $ 4,680.00 6 Install 4" NRS Resilient Seated Gate Valve and Box 1 EA $ 1;092.00 $ 1,092.00 7 Install 6" NRS Resilient Seated Gate Valve and Box 3 EA $ 11510.00 $ 4,530.00 8 Install 8" NRS Resilient Seated Gate Valve and Box 9 EA $ 1,854.00 $ 16,686.00 9 Install Water Service - Single Short w%Yoke & Box 2 EA $ 1,034.00 $ 2,068.00 10 Install Water Service - Single Long w/Yoke & Box 27 EA $ 1,549.00 $ 41,823.00 11 Install Water Service - Double Long w/Yoke & Box 16 EA $ 2,822.00 $ 45,152.00 12 Install New Fire Hydrant Assembly with 6" Gate 10 EA $ 5,014.00 $ 50,140.00 Valve and Box 13 Public Construction Bond 1 LS $ 5,309.93 $ 5,309.93 14 Mobilization, Demobilization, MOT (Do Not Exceed 1 LS $ 30,000.00 $ 30,000.00 Amount Per Section 01025) SUB -TOTAL $ 504,102.93 FORCE ACCOUNT $ 42,000.00 TOTAL BID AMOUNT $ 546 102.93 exploration/excavation, coordination with any permitting agencies (i.e., NPDES Permit), storm water permit, audio-visual documentation, land clearing/tree removal necessary for utility installation, trenching, removing, disposing of and replacing unsuitable (i.e., plastic or organic) material, dewatering, sheeting/shoring of the excavation, installation of pipe, structures and all appurtenances, trace wires, sleeves, fittings, restrainers, connection requirements including locating, excavating existing pipe, restraining existing pipe and fittings, density testing, filling trench, soil compaction, filling, chlorinating, pressure testing, flushing, density testing, irrigation repair, removal, disposition and replacement of surface over trench to pre -construction conditions, restoration of all pavement, sidewalk, or landscaping or sod damaged or destroyed, removal and resetting or replacing any existing guard rail necessary for utility installation, Trench Safety Act Compliance, batt. sampling & testing, construction staking. The unit price(s) bid will also include restoration of any existing utilities, drainage facilities, signs, mailboxes, driveways, etc. disturbed or damaged by the construction. All materials and Installation shall be per Indian River County Utility Standards and Specifications dated January 2015 or latest revision unless otherwise noted in the bid documents. Contractor will be provided with a copy of construction plans In AutoCADD format to use for use in preparing Record Drawings which are also included in the unit price bid for water main installation. The unit price(s) bid will include any and all labor & materials not listed above necessary to furnish the County a complete & working water system as indicated on the construction plans & bid documents. P160 �R INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 27, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Emergency Purchase Order for Cell 14 Maintenance Work at West Regional Wastewater Treatment Facility Wetland Treatment System DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) operates the West Regional Wastewater Treatment Facility (WWTF) located on 81h Street, west of 82nd Avenue. The plant is currently permitted for 6.0 million gallons per day (MGD). The current IRCDUS West Regional WWTF has a 4.0 MGD annual average daily flow (AADF) discharge from the created wetland to the Lateral D Canal, Class III fresh waters. The West Regional WWTF, Permit No. FL0041637, was renewed April 12, 2016 with an expiration date of April 11, 2021. ANALYSIS: The Wetland Treatment System (WTS) contains approximately 169 acres (135 wetted acres). Initially treated WRWWTF effluent enters the WTS via an 11.38 acre polishing. pond. From the polishing pond, the water is split between two deep water marshes, 3.51 and 4.29 acres respectively. From these cells, water is split again into three subsequent deep water marshes of 6.76, 6.75, and 7.44 acres, respectively. Next, the water is further split into four additional subsequent deep water marshes of 8.55, 8.55, 8.55, and 9.25 acres, respectively. After these deep water marshes the water converges into three shallow water marshes of 19.89, 19.72, and 19.51 acres, respectively. The final cell (Cell 14) prior to discharge is a 1.09 acre storage pond with a control structure equipped with a manually operable weir (WEP-1), discharge pipe, flow meter, and automatic sampling equipment. Cell 14 is currently inundated with dead cattails. The cattail leaf litter (or dead stand crop) and associated bacteria/periphyton communities are most likely having a significant negative effect on the water quality conditions in Cell 14. Therefore, the Department's wetlands consultant, Ecotech, has recommended that the county hire a contractor to remove the dead cattails with +/-1.0 to 1.5 -feet of sediment through mechanical methods. Once the sediment is removed, the consultant's goal is to hydrate Cell 14 to approximately a 3 -foot depth with submerged aquatic vegetation. C:\Users\GRANIC"1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@880561C4\@BCL@880561C4.docx P161 The intention is to have the subject maintenance performed during dry conditions and cooler temperatures. Staff requested price proposals from four contractors. Due to the unique and complex nature of the project, two out of the four submitted a price proposal that did not include what staff and the consultant was considering. Therefore, the lowest, responsive, responsible proposal was submitted by Timothy Rose Contracting, Inc., for a lump sum amount of $73,700.00. FUNDING: Funding for the Cell 14 maintenance at West Regional Wastewater Treatment Facility is available in the R&R account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount West WWTF Cattail Removal 47123536-044699-17514 $73,700.00 P162 RECOMMENDATION: Staff recommends the Board of County Commissioners (BCC) waive the bidding process in the essence of time and approve the attached proposal authorizing the above-mentioned services, and requests the BCC direct the Purchasing Manager to issue a iPurchase Order for a lump sum amount of $73,700.00 to Timothy Rose Contracting, Inc. ATTACHMENT(s): Proposal from Tim Rose Contracting, Inc. P163 Timothy Rose Contracting. Incorporated 1360 SW Old .Dixie .Highway Suite 106 Vero .Beach. FL 32962 Phone # (772) 564-7300 Email T'imRose7u,comcast.net I Name / Address Indian River County Utilities 1800 27tH Street Buildine B Vero Beach. PL, 32960-3365 Project: West Setter Plant final Pond Excavation Date Number 2/16/2017 15-251 Qty Description Unit P.rice AFnount 1 E\C"\"Me I Ft from entire. bottom. haul material approximately,2100 Ln 17t east and'stock 73,700.00 73.700.00 pile in :field, includes roadway k burnt reslorati6n including sod to sante or better than original. Thank you for the opportunity to provide this quotation. Total $73.700.00 P164 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: February 23, 2017 SUBJECT: TRANSMITTAL HEARING: County Initiated Request to Amend (Update) Mixed Use Policy 5.6 of the Future Land Use Element (FLUE) of the County's Comprehensive Plan It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 7, 2016. DESCRIPTION AND CONDITIONS This is a county -initiated request to amend the text of the Future Land Use Element of the county's comprehensive plan. The proposed amendment is a result of one item from a list of economic development initiatives authorized by the Board of County Commissioners (Board) in 2013. The list included an evaluation of commercial zoning and mixed use allowances along SR60 in the area of 66'h Avenue and the adjacent Indian River State College (IRSC) campus. That initiative required coordination with property owners, including representatives from IRSC and an adjacent land owner regarding land use, shared infrastructure, and future property development. Those efforts and the mixed use concept were reported to the Board at its October 18, 2016 meeting under Commissioner Zorc's matter. From the coordinated efforts, a draft proposal to modify Mixed Use Policy 5.6 of the County's Comprehensive Plan to achieve shared goals was presented to the Board for consideration at its November 15, 2016 meeting (see attachment #1). At that meeting, the Board directed staff to proceed with a formal comprehensive plan amendment. Staff has since initiated the comprehensive plan amendment (see attachment #2). Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's Comprehensive Plan regulates the frequency with which the county may amend its comprehensive P165 plan. According to the county's Comprehensive Plan, plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January, April, July and October. In this case, the subject application was submitted during the October 2016 window, and was the only application submitted during that window. The application was started by staff as a "place holder" to allow time to work through details and coordinate with potential affected land owners prior to obtaining formal direction from the Board to consider whether or not to proceed with the request. Based on the Board's action taken at its November 15, 2016 meeting, staff is processing the subject amendment. The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing to review the request. At the public hearing, the Commission makes a recommendation to the Board of County Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. Following PZC action, the Board conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the amendment is transmitted, state and regional review agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board public hearing is conducted. If the Board approves the request at the final hearing, then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. PZC Action At its regular meeting of January 26, 2017, the Planning & Zoning Commission conducted a public hearing, considered the subject amendment, and voted 5-0 to recommend that the Board of County Commissioners approve the proposed amendment (see attachment #3). At the hearing, a representative from IRSC was present and Attorney Christopher Marine representing the adjacent property/owner developer informed the Commission that his client and IRSC were entering into an agreement on shared infrastructure and a parcel swap and were in support of the proposed amendment. Board Transmittal Public Hearing The subject "transmittal" public hearing is the second step in the Comprehensive Plan amendment process. At this time, the Board of County Commissioners must decide whether or not to transmit the proposed amendment to state and regional review agencies. If the Board votes to transmit this amendment, it will be scheduled for a final Board hearing in June or July. Proposed Amendment: Board Initiative In 2013, the Board authorized staff to pursue a number of economic development initiatives. Many 2 P166 initiatives have been acted upon by the Board, including an LDR change for building heights in the I-95/SR60 industrial area adjacent to the CVS distribution center, reduction in commercial/industrial impact fees, expansion of Go -Line bus system hours, and an economic positioning initiative conducted in coordination with the Chamber of Commerce. One initiative staff pursued that had not been formally considered by the Board until recently involves an evaluation of commercial zoning and mixed use allowances along SR60 in the area of 66`h Avenue and the adjacent Indian River State College (IRSC) campus. In pursuit of that initiative staff evaluated zoning and mixed use opportunities in the subject area (see attachment #4) and coordinated with IRSC staff and the owner of land at the adjacent SR60/66' Avenue intersection, together with his engineer, regarding land use, shared infrastructure, and future property development. There is now agreement in concept for a potential mixed use project on re -configured private property that provides for shared infrastructure that will serve and help integrate a re -configured IRSC campus and adjacent commercial and residential uses. Those coordination activities and a special mixed use concept were reported to the Board at its October 18, 2016 meeting under Commissioner Zorc's matter, and then formally considered by the Board at its November 15, 2016 meeting. Based on the evaluation of commercial zoning and mixed use opportunities, staff's conclusion is that a mixed use PD (Planned Development) process is the best approach for integrating a potentially re- configured and growing IRSC campus and developing adjacent property for commercial and multi- family development in a preferred mixed use development form. Any such PD project would provide a special mix of uses and accommodate proper expansion of a unique community asset and resource (IRSC). It is also staff's conclusion that such a project would be located in a "preferred location" (the area adjacent to a Commercial Industrial Node, the IRSC campus, and SR 60/66`h Avenue intersection), and would warrant special mixed use criteria. In order to allow an appropriately large mixed use development plan for the subject area and to ensure provision of shared infrastructure, the County's existing mixed use policy needs to be amended. Following that approach, on November 15, 2016 staff presented to the Board draft proposed changes to the mixed use policy (FLUE Policy 5.6) that provide for a large, special mixed use project that appropriately integrates commercial and residential uses with the adjacent IRSC campus and guarantees appropriate shared infrastructure improvements. At that meeting, the Board agreed with staff's analysis and approach, provided input on the initial draft amendment, and directed staff to initiate a comprehensive plan text amendment for future land use policy 5.6. Based on the Board's input, and subsequent input from the Planning and Zoning Commission (PZC), staff has made a few changes to the initial wording of the proposed policy amendment and has initiated the formal amendment process. At its January 26, 2017 meeting, the PZC conducted a public hearing and voted unanimously to recommend approval of the proposed amendment. During the hearing, the PZC discussed initially proposed wording which somewhat loosely described a "preferred location area" and the possibility of more strictly limiting the amendment to the SR 60/66' Avenue and IRSC campus area, given the special characteristics of that area. Based on the PZC discussion, staff reconsidered the "preferred location" wording and made a few additional, post-PZC meeting changes to the proposed amendment. As a result, the current (revised) version of the proposed policy limits the "preferred location" area to the area adjacent to the SR 60/58" Avenue C/I node, the IRSC campus, and the SR 60/66`h Avenue intersection. Based on that revision, the proposed policy applies to only one area of the county; the area generally depicted in attachment 8. 3 P167 As proposed, the subject text amendment will revise policy 5.6 of the Future Land Use Element. The proposed revisions are shown as underlined and sfFike in attachment 95. ANALYSIS When staff drafted Future Land use Element Policy 5.6 as part of the county's 2010 EAR based comprehensive plan amendments, the policy was structured to be somewhat restrictive but could be applied to a number of areas in the county. The policy limited the allowable uses in a mixed use project, limited the overall project size, established timing requirements for permitting and constructing commercial square footage, required certain design elements, and imposed various other restrictions and limitations. Currently, Policy 5.6 provides an allowance for mixed use (residential and commercial uses) Planned Developments (PDs) to locate within residentially designated areas along major roadways. Incorporated within Policy 5.6 are various conditions and limitations that ensure that mixed use PDs are compatible with surrounding residential areas. As structured, the proposed amendment establishes special mixed use criteria for the "SR 60/IRSC preferred location area"; the area adjacent to the SR60/58th Avenue node, the IRSC campus at 60h Avenue, and the SR 60/66th Avenue intersection. Special criteria for the SR 60/IRSC preferred location area include an increase in the mixed use PD project maximum area from 40 acres to 80 acres. The proposed preferred location criteria also allow an increased proportion of project area for commercial use from 25% to up to 50% with a cap of 30 acres, and an increase in individual commercial building maximum area from 25,000 sq. ft. to 60,000 sq. ft. Proposed criteria also require provision of significant infrastructure improvements for SR60 access, 66' Avenue access, a bridge over Lateral A canal, and signalization at 66' Avenue/"18th Street". The proposed criteria require the applicant/developer to coordinate with County Public Works and IRSC with respect to those improvements. Finally, proposed changes allow for development of more commercial area "up front" together with a requirement for completing or entering into a developers agreement for completion of the infrastructure improvements referenced above. The core properties within the "SR 60/IRSC preferred location area" are controlled by IRSC and one other land owner (see attachment #6), although other adjacent properties could be added under one master plan PD area (see attachment 8). Under the existing mixed use policy, a mixture of residential and commercial uses are allowed in that area, but at a limited scale (40 acres maximum) and without guarantees of shared infrastructure that will integrate the project with the IRSC campus. The proposed mixed use policy while allowing a greater amount of acreage to be developed (80 acres maximum) and a greater percentage of commercial development, comes with guarantees of providing shared infrastructure, including access to SR 60 and 66th Avenue, and integration into the IRSC campus. With mixed use Planned Developments (PDs), those guarantees will be implemented through the County's existing PD review and approval process. Through a mixed use PD "area master plan" approach, there is a unique opportunity to accommodate and integrate residential, commercial, and institutional (college) uses. Such an approach will require property reconfiguration to properly and logically consolidate owner/developer property and IRSC campus property and to ensure properly located major infrastructure improvements including shared 4 P168 access roads to SR60 and 66th Avenue, a bridge over the Lateral A canal, and a traffic signal at 66111, Avenue and "18`h Street". These elements have been discussed by IRSC and the adjacent land owner and both have agreed in concept upon a roadway design and access plan and property reconfiguration (see attachment #7). This agreement in concept provides a new opportunity to jointly master plan the County's major public college campus and adjacent property into a preferred development form (mixed use). As shown in the attached sketch, in concept IRSC and the private land owner would retain similar acreage, with IRSC, the private land owner, and potential commercial development benefiting from direct access and exposure on both SR 60 and 66th Avenue. IRSC would retain ownership of the eastern portion, resulting in a more consolidated and better configured campus boundary, and as an institutional use would serve to buffer the potential commercial uses from the residentially designated neighborhoods located further east. While IRSC and the adjacent land owner have agreed in concept to a potential roadway design and access plan, that plan is not part of the mixed use policy revisions. Rather, attachment #6 merely serves to illustrate a possible component of a mixed use project in the "SR 60/lRSC preferred location" that could be developed under the proposed mixed use policy amendment. If the mixed use policy amendment is approved, the "master plan" concept of the private land owner and IRSC will need to be implemented through execution of appropriate documents to re -align property ownership and the private land owner, in cooperation with IRSC, will need to apply for a mixed use PD and obtain approval through the County's PD review process. With the proposed 80 acre maximum size for a "preferred location" mixed use PD, a potential PD plan could serve as an area "master plan" and simultaneously address land and infrastructure development on the east and west sides of 66' Avenue and the western portion of IRSC's +/- 140 acre campus (see attachment #8). The proposed amendment provides incentives for a developer to apply for one larger "master plan" sized mixed use PD to cover both sides of 66th Avenue (as opposed to two separate PD's covering each side of 66th Avenue separately) and to provide the significant level of shared infrastructure improvements required under the proposed criteria. As proposed, the mixed use policy will allow up to 50% of commercial development (not to exceed 15 acres) to occur before required SR 60 access and 66th Avenue access infrastructure improvements are constructed or bonded -out. Allowing some significant commercial development to occur early on in the project may allow the developer to more easily fund the shared access infrastructure costs (perhaps $1.5 million - $2.5 million) and phase in development of the rest of the mixed use PD based on market demand. At the November 15, 2016 Board meeting and at the January 26, 2017 PZC meeting, a concern was raised regarding completion of residential development in conjunction with completion of commercial development within a "preferred location" mixed use project. Specifically, the concern was raised that the entire commercial component could be developed with no obligation to complete residential units within a set timeframe. Although the proposed amendment does not require completion of residential units prior to completion of the commercial development, it does require that prior to completion of more than 50% of the commercial area, the infrastructure serving the residential portion of the project must be constructed or bonded -out and conceptual plan or final plan approval must be obtained for all residential development. That restriction, as proposed, ensures at a minimum that ready to build multi -family residential areas will be in place prior to completion of the 5 P169 commercial development. Staff notes that the County's limited experience with mixed use projects fronting SR 60 (Pointe West and The Reserve at Vero) indicates that commercial development may actually lag the residential development. In developing the proposed modifications to the mixed use policy, staff coordinated with IRSC staff and the adjacent land owner and his project engineer and attorney. Through that process, the proposed amendment went through several revisions and is currently in a form consistent with the Board's direction and acceptable to IRSC and the adjacent property owner. If adopted, the proposed Policy 5.6 changes will accommodate the mixed use PD concept discussed by IRSC, the adjacent land owner, and staff but will leave the Board as the ultimate decision -maker for any specific mixed use PD project proposal. Any project -specific decision will be made through the PD review and approval process which will involve a public hearing before the Planning and Zoning Commission and a public hearing before the Board. Consistency with Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan. For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions -including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed comprehensive plan amendment meets Policy 14.3's first and third criteria. When policy 5.6 was adopted, the policy was structured to be too restrictive. In retrospect, it appears that restricting development size and restricting development timing to the extent that the current policy 5.6 does so was an oversight with respect to the special area adjacent to IRSC and the SR60 and 66�h Avenue intersection. Due to that oversight, the existing policy does not adequately provide 0 P170 the opportunity to master plan the IRSC campus and adjacent property into a preferred mixed use forth with adequate shared infrastructure. In addition, the recent agreement in concept between IRSC and a key adjacent land owner to re -configure land and coordinate shared infrastructure is a previously unanticipated opportunity and a substantial change in circumstances that warrants special criteria and changes to Policy 5.6. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the County's Comprehensive Plan. Companion Land Development Regulation Changes As structured, the county's comprehensive plan provides overall policy direction, while the county's land development regulations (LDRs) provide more detailed rules to implement those policies. In the case of mixed use projects in residential areas, Policy 5.6 is relatively detailed and specific. Even so, Section 915.20 of the county's land development regulations (LDRs) contains more detailed requirements for mixed use projects. If Policy 5.6 is amended as proposed, the LDRs will need to be changed to be consistent with the updated Policy 5.6. Consequently, staff will initiate an LDR amendment to modify Section 915.20 if the Board agrees to transmit the subject comprehensive plan amendment to the state. In so doing, staff will ensure that the necessary LDR changes will be considered by the Board at its final adoption hearing for the Policy 5.6 amendment. Prior to the final Board hearing, staff will present the companion LDR changes to the Planning and Zoning Commission for its consideration and recommendation to the Board. CONCLUSION Staff's position is that amending Future Land Use Policy 5.6, as proposed, is the best approach for integrating the expanding IRSC campus with commercial and multi -family development on adjacent property in a preferred mixed use Planned Development (PD) form. Any PD project developed under the proposed criteria will provide a special mix of uses, will provide for significant shared infrastructure improvements, and will accommodate proper expansion of a unique community asset and resource (IRSC). It is also staff's position that such a project would be located in a "preferred location" and would warrant special mixed use criteria, as contained in the proposed amendment. RECOMMENDATION: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners: 1. Adopt the attached resolution for transmittal of the proposed comprehensive plan text amendment to the state and regional review agencies. 7 P171 2. Announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process (tentatively planned for June or July 2017). ATTACHMENTS: 1. Minutes from November 15, 2016 BCC meeting 2. Comprehensive Plan Text Amendment Application 3. Unapproved Minutes from the January 26, 2017 PZC Meeting 4. Analysis of Zoning and Mixed Use in the Area of SR 60/66th Avenue 5. Proposed Policy 5.6 Comprehensive Plan Text Amendment 6. SR60/58thAvenue Node Map 7. Sample Conceptual Lay -out of Mixed Use and IRSC Campus 8. Sample "Master Plan" Area 9. Transmittal Resolution (includes Appendix A proposed Comprehensive Plan Text Amendment) FACommunity Development\Comprehensive Plan Text AmendmentsUanuary 2017 - FLUE Policy 5.6\Agenda Items\BCC staff report for FLUE Policy 5.6 - March 7, 2017 Meeting V2.docx P172 Board of County Commissioners Meeting Minutes - Final November 15, 2016 12A2 16-934 Request for Authorization to Initiate a Comprehensive Plan Text Amendment to Mixed Use Policy 5.6 of the 'Future Land Use Element (FLUE) Recommended Action: Staff recommends that the BCC direct staff to initiate an amendment to Future Land Use Element Policy 5.6. Attachments: Staff Report SR60/58th Avenue Node Map Aerial of The Reserve at Vero Mixed Use PD Sample Conceptual Lav -out of Mixed Use and RSC Campus Proposed "Master Plan" Area Draft Changes to Mixed Use Policy 5.6 Community Development Director Stan Boling, in his PowerPoint Presentation, provided background and analysis on the proposed amendment to the existing Mixed Use Policy 5.6 of the Future Land Use Element (FLUE) of the County's Comprehensive Plan. He stated that the amendment would serve to incentivize/guarantee major shared infrastructure that would integrate commercial and residential development with the Indian River State College (IRSC) campus. Director Boling discussed the timeline for the amendment process and said that the final hearing for the Board to consider adoption of the amendment would be in April or May 2017. Christopher Marine, Gould, Cooksey, Fennell, representing the developer Vero 12 LLC, raised questions about the stipulations in the proposed amendment stating that no more than three acres or 50% of the total commercial area allowed shall be constructed until completion of at least 25% of the residential development. He wanted the expectations to be clear for the commercial developers. A lengthy discussion followed, with input from staff, regarding the percentage and type of residential development that would need to be completed before build out of the commercial area or areas. Commissioner O'Bryan wanted to make sure the requirements for completion of the residential portion of the project are adhered to, before the commercial area is built out. Joseph Paladin, President of Black Swan Consulting, spoke to the need for both commercial and residential development and advocated for a mixed use project to go forward. David Knight, P.E., Knight, McGuire & Associates, Inc., stated that the intent of this policy is to allow for good planning for both residential and commercial development. Attachment 1 Indian River County Florida Page 9 P173 Board of County Commissioners Meeting Minutes - Final November 15, 2016 Commissioner O'Bryan stated that he would support initiation of the amendment process; however, he was not sure the final amendment would have his support. A motion was made by Commissioner Zorc, seconded by Commissioner Davis, to direct staff to initiate an amendment to Future Land Use Element Policy 5.6. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12F1 16-1011 As -Built Resolution and Final Assessment Roll for 51 st Avenue Petition Millings Project (65th Street to 67th Street) Recommended Action: Staff recommends the Board of County Commissioners move to approve the As -Built Resolution and the Final Assessment Roll. The Final Assessment Roll and Assessment Map are available for viewing in the Board of County Commissioner's Office and are to be transferred to the Department of Utility Services for billing and collection. Indian River County Florida Page 10 P174 APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA) INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment application116nly during the months of January, April, July and October of each year. Each applicatiNnoln,ust be complete when submitted and must include all required attachments. An incom�3let " application will not be processed and will be returned to the applicant. Assigned Project Number: CPTA - -2pl I06,�5(72F31 C: Signature of Owner or Agent: 4 Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. 1. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub - element, page number, and if applicable, the objective and policy number(s). 2. What is the exact language proposed to be added and/or deleted from the plan? What is the purpose of the request? 4. What is the justification for the request? 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. 7. Provide an analysis of the proposed amendment's environmental impacts. 8. Provide a check,.money order or cash in the amount of $2,600.00, made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG- RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Users\VICKIEIPORMS\CPTAAMENDMENTFORM.doc Attachment 2 Current Owner/Applicant Agent Name: ?, I/ S " fr Complete Mailing Address: 1 1 oI 2 71,t 5 Vero 64g"A , F1, ,g 2 o n Phone # (including area code)7 12- "' 2 Fax #(including area code '% '7 2 z 24 ^ 1 2 2 E -Mail: b s� ✓if ' :`rc .� r .,y, Contact Person: f7- Signature of Owner or Agent: 4 Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. 1. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub - element, page number, and if applicable, the objective and policy number(s). 2. What is the exact language proposed to be added and/or deleted from the plan? What is the purpose of the request? 4. What is the justification for the request? 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. 7. Provide an analysis of the proposed amendment's environmental impacts. 8. Provide a check,.money order or cash in the amount of $2,600.00, made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG- RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Users\VICKIEIPORMS\CPTAAMENDMENTFORM.doc Attachment 2 Development: modification to regulation for temporary signs and various sign definitions [Legislative] Mr. Roland DeBlois, Chief of Environmental Planning and Code Enforcement, reviewed information regarding the proposed amendments to the County Sign Regulations and gave a: PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He explained that the amendments are necessary due to a 2015 Supreme Court ruling regarding sign content and direction for changes given by the Board of County Commissioners in July 2016 He discussed proposed amendments that were redrafted since the last meeting in response to Commissioner comments. Staff is recommending that the Planning and Zoning Commission recommend that the Board of County Commissioners adopt the proposed ordinance amendments. Discussion followed regarding enforcement procedures as well as the possibility of the drafting of more detailed language in some parts of the proposed amendment. ON MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to accept staff recommendations on this Legislative matter. Chairman Polackwich read the following into the record. B. County Initiated Request to Amend (Update) Mixed Use Policy 5.6 of the Future Land Use Element (FLUE) of the County's Comprehensive Plan [Legislative] Mr. William Schutt, Senior Economic Development Planner, discussed the County initiated request to amend the text of Mixed Use Policy 5.6 of the Future Land Use Element (FLUE) of the County's Comprehensive Plan. He first educated the Commission as to the County's process and timeline for processing the proposed amendments and then detailed the history.of the policy and the actual proposed changes. The proposed amendments intend to accommodate larger project "master plan" areas and require a major shared infrastructure that will integrate commercial and residential development with a re -configured Indian River State College (IRSC) campus. Staff is recommending that the Planning and Zoning Commission recommend that the Board of County Commissioners approve the request to amend Policy 5.6 of the FLUE of the Comprehensive Plan. Discussion followed regarding the proposed policy revisions and the fact that the IRSC campus is currently the only location that is relevant to this amendment. Attachment 3 PZC/Unapproved 5 January 26, 2017 FABCCWII Committees\P&Z12016—AGENDAS & MINUTESTM 012617 doc P176 Attorney Mr. Christopher Marine of Gould Cooksey Fennell, representing Vero 12 LLC and the Greenfield Trust which is the owner of the Subject Property adjacent to IRSC, spoke in favor of the proposed amendment. ON MOTION BY Dr. Day, SECONDED BY Ms. Waldrop, the members voted (5-0) to accept staff recommendations on this Legislative matter. Commissioner's Matters There were none. Planning Matters Mr. Stan Boling welcomed Ms. Angela Waldrop to the commission as the District 5 appointee and added that Mr. Patrick Grall has just been selected as the new District 1 appointee. He stated that while a February 9, 2017 meeting was unlikely, a February 23, 2017 meeting was anticipated. Attorney's Matters There were none. Adoournment There being no further business, the meeting adjourned at 8:53 p.m. PZC/Unapproved 6 January 26, 2017 F•1BCC\All CommitteeslP&Z\2016 AGENDAS & MINUTES\PZC 012617 doc P177 ANALYSIS OF ZONING AND MIXED USE IN THE AREA OF SR 60/66TH AVENUE • Commercial Nodes Generally The Future Land Use Element (FLUE) of the County's Comprehensive plan established various commercial/industrial (C/I) nodes at appropriate locations throughout the county. Most nodes are centered around major roadway intersections such as CR512/CR510, USI/371h Street (Medical Node), and SR60/I-95. Each of those nodes as well as many others, is less than 50% developed and has sufficient vacant acreage to accommodate future conventional commercial/industrial development. The SR60/58th Avenue node, which extends from the 43rd Avenue/Vero Beach limits boundary on the east to 66' Avenue on the west, is a heavily developed commercial area that includes the Indian River Mall and multiple shopping centers, and is situated adjacent to the Indian River State College (IRSC) Mueller Campus. The ±140 acre campus includes the Indian River Charter High School, Brackett Public Library, the Richardson Center, and various classroom and administration buildings, yet the western two-thirds of the campus with instructional and associated facilities is currently undeveloped and has significant frontage on SR60 (620') and 66th Avenue (1,200'). In the future, IRSC intends to develop the western two-thirds of the campus and desires direct access to the campus from SR60 and 66th Avenue. Although IRSC is not subject to the County's land use regulations, the college has coordinated with the County to ensure that campus development is generally consistent with the County's comprehensive plan. • SR60/58111 Avenue Node The SR60/58th Avenue node is uniquely regulated in the County's comprehensive plan by a "cap" on the node acreage, set at a total of 308.48 acres. That 308.48 acre cap allows for an intensive regional commercial shopping area that is balanced with surrounding residential uses and SR60 infrastructure capacity. Currently, the SR60/581h Avenue node is 90.9% (280.43 acres) "built -out" with commercial sites consisting of buildings, parking areas, stormwater areas, and open space areas. Many of those sites, including Indian River Mall and a number of shopping centers, can be in -filled with additional big box and out -parcel development. The remaining 28.05 acres of non- commercial acreage within the node (vacant or remaining residential) can be developed as conventional commercial development. • Mixed Use In addition to the conventional commercial development (new development, infill development, and re -development) allowed within the 308.48 acre SR60/58th Avenue node, mixed use residential and commercial development is allowed on certain sites adjacent to the node, subject to PD (Planned Development) special mixed use criteria and PD rezoning and conceptual plan approval from the Board. To date, one PD mixed use project has been approved adjacent to the node. That project, The Reserve at Vero, was approved by the Board in 2014, provides for ±4 acres of commercial development (Chick-Fil-A, future Outback Steakhouse, and future retail building) and provides for 159 multi -family units on ±16 "residential" acres. The Reserve at Vero is now mostly constructed, is designed to integrate the multi -family units with adjacent commercial uses inside and outside the project, and directly accesses College Lane and a "public" north/south access road that lies on the western edge of the adjacent Century Town Center retail center. As a result, The F•\Community Development\Comprehensive Plan Text Amendments\January 2017 - FLUE Policy 5.6\Agenda Items\BCC Attachments - I March 7 2017\Attachment 4 - Cl Nodes Analysis.docx Attachment 4 P178 Reserve at Vero supplements the amount of commercial acreage in the node and provides benefits of a mixed use project which include appropriately located and designed multi -family residential, infrastructure improvements that benefit the flow of residential and commercial traffic, and alternatives to SR60 access. The existing Mixed Use Policy 5.6 of the Future Land Use Element will allow a mixture of residential and commercial uses at the southeast and southwest corners of SR60 and 66`I' Avenue but at a limited scale (40 acres maximum) and without guarantees of shared infrastructure that will integrate the project with the IRSC expanding campus. Currently, property at the southeast and southwest corners of SR60 and 66' Avenue are under control of a single owner and are adjacent to the ±140 acre IRSC Mueller Campus which includes 90+ acres of yet -to -be -developed campus area. Through a mixed use PD "area master plan" approach, there is a unique opportunity to accommodate and integrate residential, commercial, and institutional (college) uses. Such an approach will require property reconfiguration to properly and logically consolidate owner/developer property and IRSC campus property and to ensure properly located major infrastructure improvements including shared access roads to SR60 and 66' Avenue, a bridge over the Lateral A canal, and a traffic signal at 66th Avenue and "18th Street" (see attachment #6). In order to properly master plan and integrate uses on the east and west sides of 66`h Avenue, the current mixed use project size limit needs to be increased to allow for an 80 acre maximum PD project area. Other changes to Policy 5.6 are needed to guarantee and incentivize construction of shared infrastructure improvements and to add flexibility for the timing of commercial building and residential unit construction. These changes will increase the portion of commercial area allowed within the project and will allow the timing and pace of commercial and residential "vertical development" (buildings) to vary. To address these issues, staff has coordinated with IRSC staff and the adjacent land owner and his project engineer, and drafted proposed changes to the mixed use policy (see attachment #4). F•\Community Development\Comprehensive Plan Text AmendmentsVanuary 2017 - FLUE Policy 5.6\Agenda Items\BCC Attachments - 2 March 7 2017\Attachment 4 - CI Nodes Analysis.docx P179 DRAFT CHANGES TO MIXED USE POLICY S.6 Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing mixed use PDs in residentially -designated areas. All mixed use PDs in residentially designated areas shall meet all of the following criteria: Development Parameters 1. The maximum proiect area for a mixed use 6nless the property is located within the SR M/IRSC preferred location area is an ai Commercial/Industrial Node, the SR 60/66th (State Coll eeg_campus. In the SR 60/IRSC pr 6se PD project area shall be 80 acres' Mixed preferred location area, exceeding 40 a Neighborhood Design (TND) development Element Policies 18.1, 18.2, and 18.3,: 2. Mixed use PDs shall be limited_ to�areas be located along SR 60, US 1, India�n�R Indian River Lagoon), CR 512, or Oslo F M-2 designated areas may be located on Mix of Uses in a residential area shall be 40 acres res/,shall be designed as Traditional and shall comply with Future Land Use designated L-1, L -2,,M'-1, and M-2 and shall ever Blvd/'581h Avenue, CR 510 (west of the oad, Alternatively mixed'use PDs in M-1 and 3. To ensure that mixed-use PDs coniain an aj uses, commercial uses shall be allowed to of a The vert`cal mixing of uses is and/or officeuses are�d`esignei to 30% that are adjacent to C/I nodes. �pnate mix of residential and commercial stitu a no more than 25% u to 50% in strongly encouraged. Where residential above commercial uses, the amount of the project's land 5. For purposes of these mixed use regulations, commercial area shall include buildings, parking aieas�and"adjacent improvements that serve commercial uses. Open space areas and common areas/improvements that are shared with residential uses, however, shall not be treated as commercial area. 6��,Commercial uses allowed in mixed-use PDs shall be limited to lodging, institutional, office, retail (including fuel sales), personal service, restaurant use= and flex space 7. Within mixed use PDs, the Floor Area Ratio (FAR) for commercial uses shall be applied to the commercial area. For the commercial area, the maximum FAR shall be 0.35. 1 Revision date: January 30, 2017 P180 DRAFT CHANGES TO MIXED USE POLICY 5.6 8. Within mixed use PDs, the maximum number of allowable residential units shall be derived by applying the applicable comprehensive plan land use designation density allowance to the entire area of the project and, in addition, may include any applicable density bonuses. 9. Within mixed use PDs, commercial areas may be internal to the project or may be located along a project's boundary, where such boundary abuts a thoroughfare road or is adjacent to C/1 -designated property. Where such commercial uses would face residential uses located outside the project, buffering,and compatibility improvements shall be required to mitigate any adverse impacts/ 10. On -street parking shall be allowed within mixed,use projects. 11. All mixed use PDs shall be designed�to m Jude a "within the project. Building Design and Setbacks 12. Within mixed use PDs, common architectural themes; common haidscape and signage themes, and multiple (pedestrian connections shall be required to integrate nonresidential uses with residentiaLuses. Common architectural themes shall apply to both commercial and residential areas of the project. 13. Within mixed use PDs, no ind dual corrim`er�cial building shall exceed 25,000 sq. ft. (un to 60,000 sq. ft. in the SR 60/1 SC preferred location ara in commercial floor area. Lodaini -uses shall lie exec from';:these" Iimitat nk' 14. Where a articulating Street Network / 15. Each mixed use PD shall offer alternative routes and connections between destinations within the project and to appropriate uses on adjacent sites by designing and constructing a street network that consists of a grid or modified grid pattern that accommodates connections to appropriate uses on adjacent sites. milding.in a��Xed use PD is adjacent to residential buildings ;t, t e no�nre- sident`ial buildings shall be compatible with nearby e,scale of 'such nonresidential buildings may be minimized by ;� mass, using sloped roofs instead flat roofs screened by ntmg�canopy trees around the building's foundation. For acent ,toy a mixed use PD, an existing buffer may be used to requirement. 16. The project shall contain a network of interconnected streets, sidewalks, and pathways. Streets shall be designed to balance pedestrian and automobile needs, to discourage high automobile speeds, to effectively and efficiently accommodate transit systems, and to distribute and diffuse traffic rather than concentrate it. Revision date: January 30, 2017 P181 DRAFT CHANGES TO MIXED USE POLICY 5.6 17. Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas from automobile traffic. Timinsa of Construction 19. In each mixed use PD ot�n locate) more than 3 acres or 50% of thetot l shall be constructed until at least 25% constructed, and no cert fti Cate of oi exceeding .3 acres or 50% of he total unless at least 25% of th&otal'res` occupancy. a) the tntrastructure rte Committed to via an b) a conceptual or finz _approved, and FACommunity 5.6.doo( Revision date: January 30, 2017 si m uy/imat. prererrea iocauon area no ial,area allowed, whichever is greater, )osed residential development has been shall be issued for commercial area ial area allowed, whichever is greater, ielopment has received certificates of \ \ I L Plan Elements\2030 supplements for 2030 comp plan\Supplement#13\Future Land Use Policy 0 3 P182 L-2 Central Assembly 'k 615 f f � h I MUNI 26TH Arc L-2 RIC Cn Reserve at Vero Mixed Use Reserve at Mixed U� 20TH ST 60 7— C/I 7 CatFce LN FIR SC Properties 611 1--GELN7 T q§IF Legend L-1 ' AG -1 OfAG-1 Future Land Use 613 O AG -1 C/I L-1 L-2 M-1 L-2 MUNI RC 12THCT =T Development IRSC Properties Mixed Use Partners Property F72 Reserve at Vero MXPD INFORMATIONAL MAP - NOT A SURVEY The information on this map 13 taken from let able sources. However, Is aomracy is not guaranteed. Location Map Attachment 6 Source: R== D"dopment DspxntOctobw 26 2010 I I I I I I C9 Ll a 0 le EX. LAKE I i STREET _-% :R. 60: 41 COMMERCIAL/ r IL&AIi % B11R, NESS, PARERSHIIl EA 19.0, AQ 4�- I --------- A -4 4 - SIGN A z 29 Z c. I lA I tzo's c r I EASEIV t, NOFAN' IVER. TATE' C . ti1+','EGE CAMPUS PARKING CAMPUS , D� PARKING OAC@,tooft=aaw0 COLLEGE CAMPUS I■ s CAMPUS ®� PARKING Attachment 7 P184 1 Central Assembly 615 20TH ST RC ► ♦♦� MIAso♦ ♦04 ►wo♦N�A� FIs 0o40 ►00 ♦0♦ s► i 0♦ p0 � � 0001♦♦• ♦0♦ �♦�0♦ O >OOOi� l000 ►00 ♦00 O♦ O! l0�00' 0001♦0. ::Ow♦ ♦4 t'OOOA� ►wowoo�►.00� s♦iwi♦ ooio o� . ♦., � y 3w♦♦Ai ►000 ►0♦ ♦0♦ ♦ ♦ �Ot�00 0001l0� 100 ♦ �e►OOAe ►w1w40w• i 00� OO�OeO b0 tea n s i• .♦�o�oo IRSC Properties Legend Future Land Use ►wi♦i!•♦i♦i♦ ►*woowwoo♦o♦ a,�oo♦!w♦owo♦ �+wowowoaywo - iw�wiwiwiw� ►woi"�0►Ow00 ►O�Ow0�00w00 4-1 T 0 L-2 AG -1 © M-1 fes'` 613 0 MUNI` T 1 ' T Q Potential Mixed Use Project i (exampleony) ® Mixed Use Partners Property Shared Infrastructure (road, bridge, signal) t INFORMATIONAL MAP - NOT A SURVEY The information r, is a map c taken from guaranteed. Location Map At t a e hme n t 8 However, Its accuracy is not guaranteed. Soun:s: IRC Commun D.vdo .m b artment N-ber 7, 2018 tD RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF A PROPOSED INDIAN RIVER COUNTY COMPREHENSIVE PLAN TEXT AMENDMENT TO STATE AND REGIONAL REVIEW AGENCIES. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its October 2016 amendment submittal window, and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on January 26, 2017, and WHEREAS, the Local Planning Agency, after receiving public comments, made a recommendation to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners held a Transmittal Public Hearing on March 7, 2017, after due public notice; and WHEREAS, The Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The following proposed amendment is approved for transmittal to State and Regional Review Agencies (Appendix A, proposed policy 5.6 of the Future Land Use Element): F:\Community Development\Comprehensive Plan Text AmendmentsVanuary 2017 - FLUE Policy 5.6\Agenda Items\BCC Attachments - March 7 2017\Transmittal Resolution - Attachment 9.docx 1 of 2 Attachment 9 P186 RESOLUTION NO. 2017 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The forgoing Resolution was offered by Commissioner by Commissioner and upon being put to a vote, follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Bob Solari, Commissioner Timothy Zorc, Commissioner _ and seconded the vote was as The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 7' day of March 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP Community Development Director F•\Community Development\Comprehensive Plan Text AmendmentsUanuary 2017 - FLUE Policy 5.6\Agenda Items\BCC Attachments - March 7 2017\Transmittal Resolution - Attachment 9.doex 2 of 2 P187 io A I. Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared Kimberly Piston who on oath says the he/she is Account Manager at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for measuring column inches, was published in the INDIAN RIV PRESS JOURNAL in the issue(s) of i o -2r o?0 title op personally known to me ( )who has produced as identification Sworn ntoo and subscribed before me this C day of�� vt1L,) Notary Public CATHERINE POUCARE MY COMMISSION # FF 028015 �.;.� E=XPIRES: 25, 2017 Bonded Th'u Notary Public Undenvraers BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA I NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT TRANSMITTAL PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider transmittal of an amendment to the text of the comprehensive plan to state and regional review agencies. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, March 7, 2017, at 9:00 a.m. in the County Com mission Chambers of County Administration Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed amendment is included in a proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF MIXED USE POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. (Legislative) ALTHOUGH A VOTE ON WHETHER TO TRANSMIT THE AMENDMENT TO THE STATE AND REGIONAL REVIEW AGENCIES WILL BE TAKEN, NO FINAL ACTION ADOPTING THE PROPOSED AMENDMENT WILL BE TAKEN AT THIS MEETING. The plan amendment application may be inspected by the public at the Community Development Department in County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact Long Range Planning Section at (772) 226-1243. Anyone who may wish to.appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the county's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Joseph E. Flescher, Chairman /K -Z r� � L /Ap, 2s " -7, 17 Board of County Commissioners March 7, 2017 Comprehensive Plan Text Amendment FLUE Policy 5.6 Comprehensive Plan Amendment Process Application Submitted to Community Development Department JL Public Hearing before Planning And Zoning Commission (January 26, 2017) Transmittal public hearingbefore Board of County Commissioners March 7, 2017) It Application transmitted to State and Regional Review Agencies 3/1/2017 1 State and Regional Review Agencies send them Comments to the County and to the State Land Planning Agency Board of County Commissioners holds final public hearing (June or July 2017) It Adopted amendment are transmitted to State and Regional Review Agencies and State Land Planning Agency Pur ose Amend Future Land Use Element Policy 5.6 criteria for mixed use planned developments (PDs) to provide for increased PD project size and modified development criteria for the "SR 60/IRSC Preferred Location Area" 3/1/2017 M-, Y 2 "SR 60/1 RSC Preferred Location Area" An area that is adjacent to the 58th Avenue/SR 60 Commercial- Industrial Node, the SR 60/66th Avenue intersection, and the IRSC campus. �� ^ � V"� W��"'j�$�� ��� _ lh ids yyJ�yi.�•4.:.:°.. R` _EY -a'::. �];trilrs. _ - �l'r_�'[a 1i..'"';'�e°7.•t.'Ss:.: _ ..,veva,. r .. _ `... � .•' A• '� }fir r,��-.--.�-� � -- " ��- •.xT x � "�,.--, - ;� � •�� '- - �"'� _ ,1.:",: brl rLL''�; M�,;�sJ`$�. a 7y _"�,d_ `�` ..�. ta+,oil _' •`. t -+•¢ t - y' - —sLs i;:• � ~may, `<' 3 �� f. r.r _ y ii. �a[�+� �' IM�F �•.„' Iiv,}.�.k �. �:J; _- 3/1/2017 3 Existing Policy 5.6: Background • To allow and encourage development of mixed use PDs at certain locations in residentially designated areas, Policy 5.6 was developed in concept during the 2008 Evaluation and Appraisal Report (EAR) process, adopted into Comprehensive Plan in 2010. • Amended in 2013 — to allow fuel sales and alter timing of commercial development construction • The Reserve at Vero mixed use 20 acre PD developed under existing Policy. Proposed Amended Policy 5.6: Background • In 2013, the Board authorized staff to pursue a number of economic development initiatives including an analysis of commercial zoning and mixed use allowances along SR 60 near 66th Avenue • Staff coordinated with Indian River State College staff and adjacent landowner regarding land use, shared infrastructure, and future development near SR60 and 66th Avenue ■ IRSC not subject to County development review process ■ Focused on adjacent private property and shared access infrastructure 3/1/2017 4 Amendment Background • In lieu of expanding the Commercial/Industrial node, a special mixed use PD concept was developed with special requirements and allowances in the area of SR 60/66t" Avenue adjacent to the IRSC campus. • October 2016 - Commissioner Zorc reported to the BCC the coordinated activities and special mixed use concept • November 15, 2016 - BCC formally considered and directed staff to move forward with a Comprehensive Plan Amendment for special mixed use "preferred location" Planned Developments Proposed Policy 5.6 changes intended to accommodate larger project "master plan" area and to require and incentivize providing major shared infrastructure that will integrate commercial and residential development with a re -configured IRSC campus 3/1/2017 1671 5 Proposed Changes to FLUE Policy 5.6 Maximum Project Area 40 Acres 80 Acres Maximum Commercial 25% (not to exceed 10 acres) 50% (not to exceed 30 acres) Use % Vertical Mixing of Uses Maximum commercial of 30% Maximum commercial of 60% (Residential and/or Office (not to exceed 12 acres) (not to exceed 30 acres) Above Commercial) Allowed Commercial Uses Lodging, institutions, office, Same retail, personal service, restaurant, and fuel sale uses + live/work/commercial flex space Proposed Changes to 'FLUE Policy 5.6 Maximum Individual 25,000 sq. ft. Commercial Building Size Shared Access Drives, Not required. Only stub - Access Roads, and outs to adjacent sites Bridges required. Timing of Construction No more than 3 acres or 50% of total commercial may be constructed until at least 25% of residential constructed and CO'ed 60,000 sq. ft. Required for 661h Ave Access Road, SR 60 Access Road, Lateral A Canal Bridge, 66th Avenue/"18th Street" traffic signal No more than 15 acres or 50% of total commercial may be constructed until infrastructure needed to serve entire PD has either been constructed or designed and committed to via enforceable developers agreement 3/1/2017 =1104' 0 3/1/2017 Future Land Use & Property Ownership—IRSC/SR 60 & 66th Avenue Intersection _ WMI L2 IRC" Cfi tt -`J- J i I .`"". •. 71MIAL rAP�A EIlRVE1• -� Location Map e Analysis sis • Mixed Use PD approach: preferred development form, PD design control/guarantees • Property adjacent to IRSC unique mixed use opportunity • Integrating IRSC future campus expansion and adjacent developmentinfrastructure: unique opportunity to master plan a sizeable "clean slate" area y 7 3/1/2017 Potential Concept Sketch of IRSC Private Property Re -configuration �CA d . IRSC and adjacent landowner to retain 2ITH similar acreage 0 I I 4� , • Potential commercial with frontage on SR > ro ^L, (rn. I 60 and 661h Ave N PA 01R � l_ • Institutional uses would buffer residentially JtWICIIL a 1 designated neighborhoods to east t 613 Concept would be implemented through LJ L execution of documents to re -align e ownership ownership and coordinate infrastructure, and through developer obtaining mixed use ------ r,R� � F , J PD approval r j. 'x�i .„ns • Update provided at PZC hearing: developer/IRSC agreement moving forward ice+ • 1Nt1.� •T' r n.�. • :'+."i =\plc E( i {_ A I♦ Potential Mixed Use Project Area �CA I 2ITH 0 a Cn fi'1.�tSL:)Z -- - - '. OOLLEGELN RIC 6�TRR � N 1 '•-` f i' I- ras.trte uw I, OO4lE0Ell1 " ® i P AG -1 pw 613 MWORNATKINAL MAG- NOTA WHEY' Location Map e 197-io Concern Raised at November 15, 2016 BCC Meeting Commercial component could -be developed with no obligation to complete residential units • Prior to completion of commercial, Policy 5.6 revisions do not require completion of residential units but do requireed vesper to construct or :bond -out infrastructure require or the residential area, and obtain conceptual or final plan approval for all residential development • Limited experience for SR 60 mixed use: commercial actually lagged residential, smaller commercial outparcels easiest sites to develop early in the project Changes Made Based on PZC Discussion Revised definition of "Preferred Location Area" -to apply only to the land .adjacent to IRSC campus and SR 60/66th Avenue • Non -substantive formatting and wording changes 3/1/2017 0 Consistency with the Comprehensive Plan Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. • An oversight in the approved plan; • A mistake in the approved plan; • A substantial change in circumstances; or • A swap or reconfiguration of land uses at separate sites • Oversight ■ Existing limits on development size and development timing with respect to SR 60 & 66th Avenue/IRSC area was too restrictive ■ Did not provide adequate size project for master planning the IRSC campus and adjacent property into preferred mixed use form • Substantial Change ■ Recent agreement in concept between IRSC and adjacent land owner was previously unanticipated, provides new opportunity 3/1/2017 10 /9V- /z Companion Land Development Regulation Changes • Staff will initiate an LDR amendment to Section 915.20 of the county's LDRs if BCC agrees to transmit the subject amendment to the state • The companion LDR changes will be presented to the PZC for its consideration and recommendation to the Board of County Commissioners; BCC to consider LDRs at final hearing on Policy 5.6 Planning and Zoning Commission (PZC) Action On January 26, 2017, PZC voted 5-0 to recommend that the BCC approve the proposed amendment 3/1/2017 Recommendation That the Board of County Commissioners approve the attached resolution to transmit the amendment to review agencies and announce intention to adopt amendment at a future final Public Hearing 3/1/2017 12 INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning and Code Enforcement DATE: February 27, 2017 RE: Consideration of Proposed Amendments to County Sign Regulations (Land Development Regulations Chapter 901, Definitions, Chapter 956, Sign Regulations, and Chapter 912, Single -Family Development) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 7, 2017. BACKGROUND Indian River County's current sign ordinance (LDR Chapter 956, Attachment 1 to this report) was substantially developed in the mid-1980s through a series of extensive public workshops and has remained relatively unchanged since that time, albeit with some revisions over the years. The ordinance regulates various aspects of signs such as type, size, number and location, and contains different criteria depending on the category of sign, distinguishing between on -premises signs, off -premises signs, free- standing signs, fagade signs, permanent signs and temporary signs. Objectives of the sign code, stated in the purpose and intent section of Chapter 956, include: avoidance of excessive sign proliferation and clutter; adequate accommodation of information to the public; protection of property values; creation of an attractive business climate; protection of the community's appearance and natural beauty; and improvement of vehicular and pedestrian safety. The ordinance prohibits certain types of signs, such as banners and animated signs, but also allows some signs (such as garage sale and real estate signs) without requiring a permit, provided certain criteria are met. U.S. Supreme Court Decision: Reed v. Town of Gilbert In 2015, the U.S. Supreme Court heard a case (Reed et al. v. Town of Gilbert, Arizona, et al.) in which a church contended that the Town of Gilbert regulated temporary signs differently based on the content of signs, and thus the Town's sign ordinance violated freedom of speech under the First Amendment of the U.S. Constitution. In rendering its decision, the Supreme Court sided with the church and invalidated the Town's sign code as content -based regulation of speech. Writing for the Court, Justice Thomas held that the Town's sign code distinctions among different types of signs were content based and did not satisfy strict scrutiny. In concurring opinions, the Court clarified that localities could regulate signs from the standpoint of size, location, physical characteristics, and duration of display, but on a "content -neutral" basis (see Court Syllabus and Opinions, Attachment 2 to this report). The Supreme Court Reed decision has broad implications on local sign ordinances nationwide, in that most local sign ordinances contain some level of sign regulation based on content, and interpretations of the full impacts of the decision are still evolving. Although some localities in Florida have revised their sign ordinances following the Reed decision, most local ordinances have yet to be revised. The City of Sebastian has begun some incremental changes (i.e., to address political signs), but otherwise local ordinances in this county and region are pending revision. Regarding Indian River County's sign ordinance, the County's regulations currently contain a number of sign defmitions that are based on content, and the County's ordinance makes distinctions in its regulation of temporary signs that appear to be inconsistent with the Supreme Court Reed decision. Those distinctions include regulation of political campaign signs differently than other types of temporary signs. At the Board of County Commissioners' July 5, 2016 meeting, Commissioner Peter O'Bryan raised the issue that the County's sign ordinance needs to be reviewed and revised in light of the Supreme Court Reed decision. The Board agreed and directed staff to revise the ordinance, particularly LDR Section 956.15, Regulations for temporary signs requiring permits (see minutes, Attachment 3). Staff' has since reviewed the County's sign regulations in coordination with the County Attorney and has drafted proposed amendments narrowly focused on content -neutral items (see Attachment 5 to this report). Staff is now presenting those proposed amendments to the Board for consideration. Planning and Zoning Commission Recommendations At a public hearing opened at a December 8, 2016 meeting and continued to a January 26, 2017 meeting, the County Planning and Zoning Commission (PZC) considered the proposed ordinance (see minutes, Attachment 4 to this report). At the December 8, 2016 meeting, PZC members reviewed the proposed revisions presented at that time and provided comments and recommendations, summarized as follows: • Temporarysigns on construction sites: revise to require a separation distance from easements (as well as rights-of-way); allow signs closer to property line's (10 foot setback instead of 20 foot setback); and accommodate a sign for a small developer/builder who owns fewer than 10 lots in a subdivision. Staff revised the initial draft to address these issues. • On -premises yard or window signs (such as/including_ political signs): during periods of election, allow one sign per each candidate, issue, or topic on an election ballot rather than a set limit such as a maximum of 4 signs per lot or parcel; allow opportunity for more signs on parcels with extensive road frontage than allowed on standard sized lots. Staff revised the initial draft to address this item. • Regulations for active subdivision or real estate development: in addition to allowing one sign for each authorized agent representing 10 or more lots within a development, allow signage for an agent representing less than 10 lots. Staff revised the initial draft to address this item. • Temporary signs of limited geographic scope and number (permit exempt) consider allowing display of such signs for more days per year so as not to constrain frequent use of signs for real estate sales (e.g., off -premises signs for open houses). To address this comment, staff changed the initially proposed 18 day sign display cap to 24 days, which allows more opportunity for off - premises display of such signs but retains a cap to deter proliferation and clutter. At its January 26, 2017 meeting, the PZC concluded its public hearing and voted 5-0 to recommend that the Board of County Commissioners adopt the proposed (revised) ordinance with some suggestions to staff to consider adding certain details. Since the January 26 meeting, consistent with suggestions P189 discussed at that meeting, staff has added certain details which ate incorporated into the proposed ordinance. ANALYSIS The primary direction from the Board of County Commissioners to staff was to revise the County's regulation of temporary signs requiring permits (LDR Section 956.15) to eliminate content based regulation of signs. In reviewing the overall sign ordinance, however, staff determined that certain sign definitions, as well as categories of permit -exempt signs, also needed to be revised to serve content - neutral regulation of signs. In drafting the proposed amendments, staff's approach was to revise solely content -based regulations by tying those regulations to size, location, number, and duration of display, instead of to sign content. Definitions LDR Chapter 901, Definitions, currently contains 48 definitions relating to signs. Most of those sign definitions are content—neutral, such as descriptions of free-standing signs, animated signs, and canopy signs. Some of the definitions, however, are content based descriptions, and therefore are proposed to be removed from Chapter 901. The sign definitions proposed to be removed are listed as follows: Sign, construction Sign, development Sign, directory Sign, political Sign, real estate Sign, special event Other sign definitions, such as sign, directional and sign, memorial, which could be construed as content based descriptions, are proposed to remain in Chapter 901, but with revised descriptions emphasizing location as the basis of the definitions. Permit -exempt signs Section 956.11 of LDR Chapter 956, Sign regulations, lists signs that are exempt from needing a county permit, provided certain criteria are met. Permit -exempt signs include signs required by law, such as traffic regulatory signs; real estate signs (subject to certain criteria); garage sale signs (subject to certain criteria); carried signs; and non-commercial decorative art. Some of the listed exempt signs, such as garage sale and real estate signs, are currently distinguished by content and have different criteria to meet based on content. Therefore, those regulations are in need of revision. In an effort to eliminate content—based distinctions of permit -exempt signs, staff is proposing a new category of permit -exempt signs: "temporary signs of limited geographic scope and number." This new category is to apply to signs that are currently exempt from needing a permit, such as garage sale signs And real estate signs, by regulating the size, number and duration of temporary signs displayed, irrespective of sign content. Although this new category of permit -exempt signs will eliminate content based distinctions, it will still generally maintain the criteria for permit -exempt signs in the existing ordinance, such as allowing for but limiting garage sales .signs and real estate signs, but with minor adjustments in duration of display to provide for uniformity of regulation within the category. Also under Section 956.11, staff is proposing to revise the description of "temporary construction signs" to "temporary signs on constructions sites," and revise the description `free expression sign" to "on - premises yard or window sign." In both cases, the new distinctions are based on location instead of sign content. P190 Temporary signs requiring permits LDR Section 956.15 provides requirements for temporary signs requiring permits. This is the section of the code that applies to temporary signs posted off -premises countywide for temporary events, such as for fairs, shows, concerts, grand openings, seasonal sales, and political campaigns. As currently written, LDR Section 956.15 contains certain content based distinctions, such as specifying different timeframes and numbers of sign allowed depending on whether posted signs are for political campaigns or for other events. Under the proposed revisions, those content based distinctions are removed, by deeming campaigns as "temporary events," in the same category as other events and subject to the same regulations with respect to such things as the number of off -premises signs allowed, size, location, and duration of display (i.e., concurrent with the timeframe of the approved event). No change is proposed with respect to the application process for temporary sign permits, which entails completion of an application form with contact information, proposed locations of signs, duration of event, and sign characteristics. A $60 application fee is currently charged for countywide temporary event signs, except for countywide campaign signs, for which there is currently no application fee. Under the proposed ordinance revisions, however, since political campaign signs are to be treated as the same as other temporary signs requiring permits (without content based distinction), the $60 application fee will now apply to countywide campaign signs as well as to other temporary event signs. Other proposed revisions Under the proposed amendments, Section 956.15.1, Regulations of active subdivisions or real estate development signs, is being revised to eliminate content based references and instead focus the regulations as applied to location (i.e., regulations applicable to signs on active subdivision/real estate development sites). Staff is also taking this opportunity to propose an amendment to this code section to allow more flexibility in the number of signs allowed based on the number of authorized agents (e.g., developer / builder) active within a development, instead of just limiting such signs to one per common roadway along the project perimeter. Staff has become aware that many of the newer and larger subdivisions and developments have more than one authorized agent, and the proposed revision is intended to provide equal sign allowances among developers/builders within an overall development. Under the proposed amendment, the number of active subdivision / real estate signs allowed will be limited to one sign per authorized agent of ten lots or more, plus one additional sign for an authorized agent of fewer than ten lots, in order to prevent an over -proliferation of signs along a development project's given roadway frontage. Section 912.05(5), Garage sales and yard sales, of Chapter 912, Single -Family Development, is being revised to be consistent with the proposed sign regulation revisions described herein, as cross-referenced in Section 912.05(5). Consistency with Comprehensive Plan Policies County Comprehensive Plan Future Land Use Element Objective 9 provides that, "through the implementation of land development regulations, Indian River County will have aesthetically pleasing buildings, signs, landscaping, parking areas, and roads. " In serving that objective, Future Land Use Element Policy 9.6 provides that "Indian River County shall enforce sign code regulation standards, including standards contained in corridor plans, for the type, location, size, number, and maintenance of signs. " Moreover, Future Land Use Policy 9.13 provides that "the county shall control the visual clutter created by temporary signs by adopting development regulations that establish limits on where temporary signs are to be allowed, on the number of temporary signs allowed, and on the duration that temporary 4 P191 signs may be posted. " The proposed LDR amendment is consistent with Future Land Use Element Objective 9 and Policies 9.6 and 9.13, and does not conflict with the public interest or any other LDRs. Impacts on Development Costs and Affordable Housing Indian River County has had sign regulations substantially as they currently exist since the mid-1980s. The proposed revisions will not have a substantial impact on development costs associated with sign regulations. In fact, with respect to the duration of temporary signs displayed, the amendments will allow some temporary signs to be displayed for longer periods of time than are currently allowed, such as garage sale signs, but still with limits to meet the County's objectives as specified in the sign code and referenced herein. The proposed LDR amendment will not have a significant effect on the cost of development, and no discemable impact on affordable housing. Balance of Sign Regulations and Private Development Rights The County's sign regulations were drafted to strike a reasonable balance between community aesthetics, public safety, and private property rights. The proposed revisions will maintain that reasonable balance. SUMMARY The proposed amendments substantially address the Supreme Court Reed decision as it calls for content - neutral sign regulations to satisfy strict scrutiny under the First Amendment of the U.S. Constitution. In doing so, however, the proposed amendments largely retain the County's current regulation of signs from the standpoint of size, number, and location. Certain types of signs, such as animated signs and banner signs, will continue to be prohibited as they are now. With respect to the duration of temporary signs displayed, the amendments will allow some temporary signs to be displayed for longer periods of time than are currently allowed, such as garage sale signs, but still with limits to meet the County's objectives as specified in the sign code and referenced herein. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed LDR amendment ordinance. ATTACHMENTS 1. Current sign ordinance, LDR Chapter 956. 2. Supreme Court Reed decision syllabus and opinions. 3. BCC 7/5/16 meeting minutes and back-up. 4. PZC 12/8/16 and 1/26/17 meeting minutes. 5. Proposed LDR amendment ordinance. M:\LDRs\956 sign regulations\Sign ord LDR amend BCC item 3-7-17.doex P192 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Section 956.15.1. Regulations for active subdivision or real estate development signs Section 956.16. Regulations for permanent identification signs requiring permits Section 956.17. Nonconforming signs. Section 956.18. Removal of prohibited or unlawful signs Section 956.19. Additional regulations for signs in designated corridors Section 956.01. Short title; purpose and intent. This chapter shall be known and may be cited as the "Indian River County Sign Ordinance." It is the intent of this chapter to promote and protect the public health, safety, general welfare, and aesthetics of Indian River County, Florida, by regulating and limiting the existing and proposed posting, display, erection, use and maintenance of signs, billboards, and other advertising structures within the county. With respect to signs advertising business uses, it is specifically intended, among other objectives, to avoid excessive proliferation and clutter among sign displays competing for public attention. Therefore, the display of signs should be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification. It is recognized that a restricted number of off -premise directional signs are needed to convey information to the public. It is further intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the county, preserve the scenic and natural beauty of the county and provide a more enjoyable and pleasing community. Also, it is intended hereby to improve vehicular and pedestrian safety, curb the deterioration of natural beauty, and reduce visual pollution. These objectives are consistent with the Indian River County Comprehensive Plan and are vital to continued growth in the area's tourist industry which aggressively markets the county's high "quality of life" and "scenic beauty." To this end, the sign ordinance equitably allocates commercial and noncommercial signage and reduces the likelihood of future clutter along the county's transportation corridors. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 98-9, § 3A, 5-19-98) Section 956.02. Definitions referenced. The definitions of certain terms used in this chapter are set forth in Chapter 901, Definitions, of the Indian River County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90) Section 956.03. Sign regulation procedures. All signs erected, replaced, or relocated on any property shall conform with the provisions of this chapter and with all other applicable regulations of Indian River County. Any sign which could fall into more than one category of signs shall be classified within the most restrictive category possible. (Ord. No. 90-16, § 1, 9-11-90) Indian River County, Florida, Code of Ordinances Page 758 ATTACHMENT 1 P193 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Section 956.04. Administration of sign permit application fees. The code enforcement official is responsible for administering sign applications. Applicants for sign permits shall submit to the code enforcement official permit applications with applicable fees covering review for administrative compliance and review of structural components. The format of the application shall be as provided by the code enforcement official. The fee schedule for the administrative review and the subsequent review of structural components of the sign shall be determined by resolution of the board of county commissioners. No fee shall be charged for temporary political signs. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-030, § 1, 7-10-12) Section 956.05. Sign permit applications. The application for a sign permit shall contain the following information: (1) Three (3) copies of a narrative statement indicating the following (the narrative statement maybe submitted as part of the drawings): (a) Name, street address, legal description of property, and telephone number of the sign erector and the sign owner; (b) Written statement signed by the landowner, or authorized agent or the lease or rental agreement, authorizing the placement of the proposed sign; (c) Type of sign proposed and purpose; (d) Description of sign copy, dimensions and specifications of the sign, including method of construction, installation, support, and details of the method and specifications for illumination if applicable; (e) Zoning and comprehensive plan future land use designation for the subject property; (f) The required and proposed sign area, height, and setback from adjacent rights-of-way, property lines, and street intersections. (2) Three (3) copies of scaled drawings indicating the following: (a) Proposed location of the sign on the subject property, including the position of the sign in relation to lot lines, nearby buildings or structures, sidewalks, streets, rights-of-way, easements, and intersections; (b) Dimensions and area of sign and copy. Sign colors shall be specified to ensure the sign does not replicate features of public safety signs or otherwise unduly distract motorists; (c) Construction drawings indicating structural specifications for materials to be used, structural components, and method of installation. The specifications shall show dimensions, elevations, means of support, method of illumination and any other significant aspect of the proposed sign required to demonstrate compliance with this chapter and the Standard Building Code. A foundation/survey shall be submitted for all permanent freestanding signs. (3) Electrical plans specifications, if applicable, are required for said sign. (Ord. No. 90-16, § 1, 9-11-90) Indian River County, Florida, Code of Ordinances ATTACHMENT 1 Page 759 P194 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Section 956.06. Review of sign permit application/administration. The code enforcement official shall review each permit application to ensure that it complies with the requirements of this chapter. No permit shall be required for a change of copy on a changeable copy sign or the repainting of a sign for which a sign permit has been issued. If the application is found to be incomplete or otherwise inconsistent with this chapter, the applicant shall be notified within five (5) working days from the date received. Applications found to be consistent with the provisions of this chapter shall receive an administrative zoning permit and shall subsequently be reviewed for compliance with the Standard Building Code. (Ord. No. 90-16, § 1, 9-11-90) Section 956.07. Reserved. Section 956.08. Building permits for signs. In addition to an administrative zoning permit, a building permit is required to ensure compliance with the Standard Building Code and National Electrical Code, as applicable. The application described in section 956.05 shall be accepted as a joint application for both an administrative zoning permit and a building permit. No sign shall be issued a building permit until it is determined that the structural plans for the sign are consistent with this chapter and applicable provisions of the Standard Building Code. Construction of a decorative base or similar structure associated with a free-standing sign shall not be considered replacement of the free-standing sign or construction of a new free-standing sign. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-039, § 3,12-11-12) Section 956.09. Field inspections of freestanding signs prior to pouring of footers. No footings for a freestanding sign shall be poured until structural components have been approved by the building official. (Ord. No. 90-16, § 1, 9-11-90) Section 956.10. Revocation of permits. The code enforcement official may revoke a permit or approval issued under this chapter, if, after notice to the applicant, it is found that there has been any intentional or unintentional false statement, concealment or misrepresentation concerning any fact submitted in the application or plans on which the permit approval was based. A permit may also be revoked upon failure of the permit holder to comply with any provision of this chapter, or a permit issued under a mutual mistake of fact. (Ord. No. 90-16, § 1, 9-11-90) Indian River County, Florida, Code of Ordinances Page 760 ATTACHMENT 1 P195 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS Section 956.11. Exemptions to permitting procedures. (1) Provisions regulating exempted signs. The following types of signs do not require a permit provided the sign shall: Comply with applicable requirements in the zoning district where placed; comply with other provisions in this subsection; and be consistent with the spirit, intent and purpose of this chapter. All sign copy shall be considered exempt from the provisions of this chapter. This chapter shall not apply when state or federal regulation requires other specific posting standards. (2) Signs exempted from permitting procedure. (a) Identification signs. Exempted signage shall include signs identifying only the name and/or address of the owners, occupants or buildings and having an area not exceeding two (2) square feet for a single-family residential structure or four (4) square feet for a multiple -family, nonresidential, or mixed use structure. (b) Trak regulatory and directional signs. Traffic regulatory and directional signs erected by authorized agents of the county, state, federal government or private development for the public safety and welfare. Such signs must comply with all applicable standards of the Manual of Uniform Traffic Control Devices. (c) Instructional signs. Instructional signs not to exceed one (1) square foot for residential uses and four (4) square feet for nonresidential uses. (d) Memorial signs. (e) Window signs. Except in residential zoning districts, a temporary window sign or signs having a total area not exceeding twenty (20) percent of each window, calculated separately for each window. (f) Gasoline and fuel pricing signs. Gasoline and fuel pricing signs shall be exempt when required by law to be posted. The size of such signs shall not exceed the dimensions specified in appropriate federal regulations. (g) No smoking signs. (h) Real estate for sale, lease, or rental signs. 1. Number of signs. One (1) sign per street frontage advertising the sale, lease, rental or exchange of real property or a business opportunity may be placed on the property advertised in any district. One (1) additional sign may be placed 'where the street frontage exceeds three hundred (300) linear feet along a common road right-of-way. 2. Area requirements. Said signs shall not exceed four (4) square feet for single-family residential uses, six (6) square feet for multiple -family or institutional uses, and sixteen (16) square feet for commercial or industrial sites. 3. Required setbacks. Said signs shall be located outside rights-of-way within the applicant's property lines and shall have a ten -foot setback from all other adjacent property lines, excepting adjacent road rights-of-way from which no setback is required. 4. Height requirements. Residential or institutional real estate signs shall not exceed five (5) feet in height. Commercial or industrial real estate signs or allowable real estate directory signs shall not be placed within the road right-of-way, and shall not exceed the height restrictions as set forth in Table 1 of this chapter. 5. Restrictions on copy. Real estate for sale, lease, or rental signs shall contain only the following or any combination thereof at the option of the sign owner: a. House, apartment, unit, business, or other short description of the property. Indian River County, Florida, Code of Ordinances Page 761 prACNMENT 1 P196 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS b. The words "for sale," "for lease," "for rent," "for exchange," "see your broker," or similar phrase. c. The registered name of the broker and the term "broker," "Realtor," or logo, as the case may be, if the offer is through an agent, or the words "by owner" if the offer is not through an agent. d. Two (2) telephone numbers and/or "inquire within," or a similar phrase, and a room, apartment, or unit number, if needed. e. Other pertinent information relating to the characteristics of the real estate. 6. Additional regulations for real estate open to inspection signs. One (1) on -premises sign not to exceed four (4) square feet in area inviting the inspection of said property in all zoning districts may be placed in addition to the sign permitted in subparagraph 956.11(2)(h)l. Two (2) additional off -premise open house signs may be placed per open house; however, no more than two (2) such signs may be placed per intersection. Such signs may be located within a road right-of-way, provided the sign is: a. Located at least eight (8) feet from any roadway; b. Constructed as a break away sign; and c. No more than three (3) feet above the crown of the adjacent road. All open house signs shall be placed only when the property is actually open for inspection and shall be displayed only between the hours of 8:00 a.m. and 7:00 p.m. Said signs shall be limited to the words "open house," "open for inspection," or other similar words or phrases. 7. General restriction. It shall be unlawful for any person to place on any lot, parcel of land, building, or structure any sign or similar advertisement offering real estate or a business opportunity for sale, exchange, lease, rent, or business opportunity for sale, exchange, lease, rent, or inspection, except as specifically authorized in this chapter, excepting allowable active subdivision or real estate development signs approved pursuant to subsection 956.15(3) or off -premise directional signs permitted pursuant to subsection 956.16(2)(e) of this chapter. The provisions of subsection 956.11(2) shall not apply to signs at the principal office or branch office of any real estate business brokerage firm. However, such signs are subject to the sign restrictions applicable within the zoning district where the office is located. 8. No illumination. Real estate for sale, lease, or rental signs shall not be illuminated in residentially designated areas. (i) Flags. The flag of the United States of America, flags of other nations, states, counties, cities, veteran and civic organizations, schools and public and non-profit private institutions. (j) Non-commercial decorative art. Decorative or architectural features which are an integral element of a building or works of art so long as such features do not contain letters, trademarks, moving parts, exhibit merchandise for sale on premises, and do not contain lights. Religious emblems shall be construed as being non-commercial decorative art and shall be exempt from this chapter. (k) Holiday signs. Holiday signs and decorations that are clearly incidental to and customarily associated with any national, local, or religious holiday observance. (1) Garage sale signs. One (1) on -premises garage sale sign per street frontage may be displayed between the hours of 6:00 a.m. and 5:00 p.m. The sign shall not exceed four (4) square feet. Said signs shall be located outside rights-of-way, within property lines, and shall maintain a ten -foot setback from all other adjacent property lines, excepting the road right-of-way from which no setback is required. Indian River County, Florida, Code of Ordinances Page 762 ATTACHMENT 1 P197 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS One (1) additional off -premises garage sale sign may be erected per entry into a subdivision or development in which a garage sale is taking place. No more than one (1) such sign may be placed at each respective point of entry to a subdivision or development. Such sign may be located within a road right-of-way provided the sign is: 1. Located at least eight (8) feet from any roadway; 2. Constructed as a break away sign; 3. No more than three (3) feet in height measured from the crown of the adjacent road; 4. Displayed only during the hours of 6:00 a.m. to 5:00 p.m.; and 5. No greater than four (4) square feet. No on- or off -premises garage sale signs shall be displayed for a period exceeding three (3) consecutive days and shall not be displayed for more than a total of nine (9) days during a calendar year. (m) Temporary construction sign. Temporary construction signs advertising the construction or improvement of the property upon which such sign is located may be erected upon issuance of a building permit for the subject project subject to compliance with the following conditions: 1. Character of sign. A construction sign shall not exceed a cumulative area of sixteen (16) square feet, and no more than three (3) such signs per premises shall be permitted. Such sign(s) shall not be illuminated. These signs must be located on the developing premises, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from other property lines. Construction signs are otherwise subject to the regulations applicable to the district where erected. Construction signs shall otherwise comply with provisions of this chapter. 2. Timing of removal. Any construction sign shall be removed prior to the issuance of a final certificate of occupancy. (n) Change of copy. (o) Right-of-way acquisitions. Signs located within recently acquired rights-of-way may be relocated without obtaining a permit. (p) Carried sign. A sign that is carried or held by a person on private property or on a public sidewalk. (q) Free expression sign. A sign related to any non-commercial message that is otherwise lawful, subject to the following conditions: 1. In residential zoning districts, such signs shall either be freestanding or window signs. If displayed as a freestanding sign, such sign shall be no more than nine (9) square feet in area and shall not exceed five (5) feet in height. Each window sign shall be no more than two (2) square feet in area and the cumulative area of all window signs shall be no more than twenty (20) percent of the total area of each window. Such signs shall not be illuminated. One (1) free expression sign per candidate, issue or topic is allowed per lot or parcel of land. 2. In non-residential zoning districts, such signs shall either be freestanding or window signs. If displayed as a freestanding sign, such sign shall be no more than sixteen (16) square feet in area and shall not exceed ten (10) feet in height. Each window sign shall be no more than four (4) square feet in area and the cumulative area of all window signs shall be no more than twenty (20) percent of the total area of each window. Such signs shall not be illuminated. One (1) free expression sign per candidate, issue or topic is allowed per lot or parcel of land. 3. Such free expression signs, unless carried or held on a public sidewalk, shall be located wholly on private property with the prior consent of the property owner or lawful occupant of the property. Such signs, when freestanding, shall be at least five (5) feet from all public rights-of-way. Indian River County, Florida, Code of Ordinances Page 763 'ruckT I P198 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, § 9, 5-31-95; Ord. No. 98-9, § 3B, 5-19-98; Ord. No. 2012-030, § 2, 7-10-12) Section 956.12. Prohibited signs. (1) The following signs are prohibited as of the effective date of this chapter. Such signs have been found to violate the purpose, intent, and specific provisions of the sign regulations and shall be removed in accordance with notice rendered by the code enforcement officer. (a) A sign which falsely simulates emergency vehicles, traffic -control devices, or official public signs; (b) Snipe signs, sandwich signs, other portable signs, and add-on signs; (c) A sign found by the code enforcement official to be structurally unsafe or a hazard to public safety or to life or limb, including signs creating a fire hazard; (d) A sign obstructing any motorist's view of a street or intersection. The minimum allowable site distance shall be in accordance with county traffic sight -line regulations; (e) An abandoned off -premise sign; any abandoned, nonconforming on -premise sign; (f) A series of two (2) or more signs which must be read together to obtain a single message; (g) Flashing signs except for public signs permitted pursuant to subsection 956.11(2)(b); (h) Animated signs, including swinging signs; (i) A sign which obstructs any fire escape, any window, or door or other opening used as a means of ingress or egress so as to prevent free passage of persons; (j) Any sign which interferes with openings required for ventilation; (k) Banners, flags, or balloons used to attract attention to industrial, commercial or residential establishments, excepting flags pursuant to subsection 956.11(2)(1); (1) Any sign placed without a permit after the effective date of this chapter when a permit is required; (m) Signs in violation of section 956.14. If a sign is prohibited and the sign is a type that can be brought into conformance with this chapter, the owner or lessee of the sign can elect to bring the sign into conformity rather than remove the sign; (n) Buildings and/or signs which represent in configuration or design a product or service offered for sale such as, but not limited to, hot dogs, hamburgers, ice-cream cones, shoes or automobiles; (o) Roof signs (excepting allowable mansard roof and parapet signs and religious symbols incorporated as part of the building plan for a steeple or other similar structural component of a place of worship). No sign or portion of a sign shall project more than four (4) feet above a roof line or deck line on buildings with mansard roofs or parapets. In all cases, no sign or portion of a sign shall be located closer than one (1) foot from the top of a parapet wall or mansard roof. Indian River County is located in a Florida coastal region confronted with the annual threat of hurricanes and related destructive natural events. Therefore, special limitations against rooftop signs are deemed within the public interest in order to minimize future hazard potential; (p) A sign which is affixed to, attached to, or located on a parked vehicle or trailer such that the sign is visible from a public right-of-way, unless such vehicle or trailer is parked in a designated parking area and is used in the normal day-to-day operations of the premises business or unless said vehicle or trailer is involved in a visit to the site related to regular business operations. An electronic sign which is affixed to, attached to, or located on a vehicle or trailer shall not be activated when such vehicle or trailer is parked. This prohibition does not apply to signs required Indian River County, Florida, Code of Ordinances Page 764 ArTAGNMENT 1 P199 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS by law, ordinance or regulation. The intent of this prohibition is to prohibit vehicles or trailers from being utilized as on -premise or off -premise signs except as incidental to bona fide vehicle use. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 30, 9-29-92; Ord. No. 2012-030, § 3, 7-10-12) Section 956.13. Reserved. Section 956.14. General sign regulations. No variance shall be granted to subsections 956.14(1) through 956.14(5). (1) Construction standards. (a) Compliance with building code. All signs installed within the county limits shall be constructed in accordance with the county's adopted building code. (b) Compliance with electrical code. All signs using electrical current shall comply with the county's adopted electrical code. (2) Maintenance. All signs shall be maintained by the owner as follows: the sign must be structurally sound and in good mechanical repair, free of holes, with no loose or missing parts. If a sign is found to be structurally unsound or inconsistent with the approved sign plan, it shall be repaired, replaced or removed. The code enforcement officer may order the removal after authorization from the code enforcement board by and at the expense of the owner or lessee of any sign that is not .properly maintained. (3) Signs not to constitute a traffic hazard. No signs shall be placed at any location in the county where it may interfere with or obstruct free and clear vision for pedestrians or vehicular movement, or be confused with any authorized traffic sign, signal or device. Any such sign shall be removed at the direction of the code enforcement officer and at the expense of the owner or lessee. (4) Signs not to encroach electrical utility clear zone. No signs shall be placed closer than eight (8) feet from the nearest part of any utility pole which supports electrical transmission lines. No signs shall be placed any closer than eight (8) feet from the nearest part of any electric transmission line. If the National Electric Safety Code is now or hereafter more restrictive than the provisions of this subsection, its more restrictive provisions shall supersede the provision herein. (5) Illuminated signs. (a) The light from any illuminated sign or from any light source shall be shielded and directed away from abutting properties and shall not impair the vision of motorists. (b) No signs except message center signs and time and temperature signs shall have exposed fluorescent lighting. (c) No signs shall be displayed that are fluorescent or phosphorescent. No light sources such as strip lighting or streamers shall be allowed along roof lines or above the roof. No sign shall have a light source which exceeds the following criteria for light intensity. Reflective vinyl sheeting shall be exempted from this chapter. (d) No flashing signs shall be permitted, except time and temperature signs, public signs and electronic message centers. Figure 1: Thresholds for Light Intensity Maximum Light Intensity By Zoning District Indian River County, Florida, Code of Ordinances Page 765 ATTACHMENT 1 P200 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS i ALL RRM, RMH, All OCR, , CN, All A-1, A-2, ' Light Source MED, and CRVP and CL Zoned A-3, CG, CH, ' ' Zoned Districts Districts IL, and IG Zoned i Districts Exposed bulbs 10 watts 30 watts 30 watts Luminous background 90 foot lamberts 150 lamberts 200 foot lamberts j Illuminated I 50 ft. candles 50 ft. candles 75 foot candles (6) Height of and distance separating signs. No part of any sign affixed to a building shall exceed the height of the building to which the sign is affixed. The height of the building shall be measured exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers. The height of freestanding signs is controlled for respective zoning districts in section 956.16. Distance requirements in this section shall be measured from the nearest part of any sign (or its structure) to the nearest point of the closest applicable setback line, property line, roof line, or other applicable restricting line or point of separation (including distance between signs) or height limitation. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 31, 9-29-92) Section 956.15. Regulations for temporary signs requiring permits. The requirements of this section apply to temporary signs erected for political campaigns and for special events. For purposes of this section, special event signs are temporary signs announcing special events to be sponsored by a charitable, educational, or religious institution, or a commercial entity. Said temporary signs shall require issuance of a permit by the code enforcement official, except as otherwise specified herein. Prior to the placement of any of the described temporary signs all relevant provisions of this chapter shall be satisfied. (1) Sign permit required. Except for a free expression sign posted by an owner on his or her property, no temporary political campaign sign or special event sign shall be displayed in the unincorporated area of Indian River County unless a county sign permit has been obtained subject to the provisions of this section. A single overall sign permit may be obtained for placement of more than one (1) temporary sign, including multiple signs displayed as part of a countywide campaign or advertisement of a special event. No more than twenty (20) signs shall be displayed in the unincorporated county for a special event. For political campaigns, there is no limit on the total number of signs displayed in the unincorporated county when such signs are otherwise displayed in compliance with the requirements of this section. (2) Application. The applicant shall submit a written application on a form to be provided by the code enforcement official which stipulates the conditions under which the temporary sign(s) are being requested. In addition to sign application information required pursuant to section 956.05, the application should include the following: Indian River County, Florida, Code of Ordinances Page 766 ATTACHMENT 1 P201 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (a) Nature of the temporary sign(s). If the temporary sign(s) relate to a special event, include the location of the special event and daily schedule of activities; (b) Duration of special event or campaign. Include dates of commencement and termination of the special event or political campaign; (c) Sign distribution. Include the proposed distribution of signage and such other information as the county may require to ensure consistency with the spirit, intent, and purpose of this chapter; (d) Responsible agents. Identify the name of the sponsoring entity and principal contacts responsible for erecting and removing signage. (3) Duration of sign display restricted. Temporary special event signs may be erected for a period of time not to exceed seven (7) calendar days within any six-month period. Temporary signs associated with a Temporary Use Permit issued under County Code Chapter 972, Temporary Uses, may be erected for a period of time concurrent with the timeframe of the approved event. Temporary political campaign signs may be displayed no more than ninety (90) days prior to the election in which the candidate's name or the issue will appear. Any unopposed candidate in the first primary who will face opposition in the following general election may erect temporary political signs ninety (90) days prior to the first primary, notwithstanding the fact that the candidate's name will not appear on the first primary ballot. (4) Temporary signs in residential districts. Temporary signs for political campaigns or special events are allowed in residential districts, as defined in Chapter 901, Definitions, subject to the following provisions: (a) One (1) sign per special event, candidate or issue is allowed per lot or parcel of land. The allowable signage shall not exceed nine (9) square feet per sign; (b) Signs shall not be illuminated and shall be freestanding; (c) Signs shall be located wholly on the private property and shall be placed at least five (5) feet from all rights-of-way and fifteen (15) feet from all other property lines, and shall not exceed five (5) feet in height. (5) Temporary signs in nonresidential districts. Temporary signs for political campaigns or special events are allowed in nonresidential zoning districts subject to the following provisions: (a) One (1) sign per special event, candidate or issue is allowed per lot or parcel of land. The allowable signage shall not exceed (16) square feet per sign; (b) Signs shall be located wholly on the private property and shall be placed at least five (5) feet from any right-of-way and fifteen (15) feet from all other property lines and shall not exceed ten (10) feet in height. (6) Compliance with conditions of sign(s) placement and removal. The applicant shall place signs in a manner consistent with the terms of county sign regulations and remove the same pursuant to the schedule approved as a condition of permit approved. In addition, the applicant shall agree to conditions necessary to ensure that potential issues identified by the county shall be effectively managed in order to promote the public safety, avoid excessive proliferation of signage, and protect the economic and business climate and appearance of the community. Concerning the placement and removal of temporary political campaign and special event signs, the following shall apply: (a) All temporary signs must be removed within five (5) days after the special event or, regarding political campaign signs, after the election in which the candidate is eliminated or elected or after the resolution of the respective issues by referendum; (b) The placement of temporary signs upon any tree, utility pole, or similar object is prohibited; Indian River County, Florida, Code of Ordinances Page 767 ATTACHMENT 1 P202 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS (c) The placement of any temporary sign without permission of the owner of the property upon which the sign is placed is prohibited; (d) The placement of any temporary sign'in a public or private road right-of-way is prohibited; however, the public works department may approve placement of temporary traffic/directional signs within rights-of-way in accordance with subsection 956.11(2)(b). For purposes of this regulation, the road right-of-way line shall be deemed to be the edge of sidewalks or utility poles furthest from the road. Where no such structure(s) are present, the right-of-way line shall be deemed to be twenty (20) feet back from the near edge of roadway pavement or, if unpaved, the near edge of unpaved roadbed surface. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, § 22, 5-31-95; Ord. No. 98-9, § 3C, 5-19-98; Ord. No. 2012-030, § 4, 7-10-12) Section 956.15.1. Regulations for active subdivision or real estate development signs On -premise active subdivision or real estate development signs may be erected subject to compliance with the following conditions in addition to other applicable provisions of the sign ordinance. These signs are not subject to subsection 956.11(2)(h), "Real Estate For Sale, Lease, or Rental Signs." (1) Character of sign. Such signs shall not exceed forty-eight (48) square feet except in single-family residential districts where they shall not exceed twenty-four (24) square feet for model homes and sales offices only, One (1) additional sign may be erected on a site having a street frontage in excess of three hundred (300) feet. Such sign must be located on the premises of the developing project or subdivision, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated. (2) Number of signs permitted. Only one (1) such sign shall be permitted for each common roadway along the perimeter of the development. Such sign must be located on the premises of the development, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated. (3) Filing of plat and/or site plan. Prior to the erection of such a sign, an approved preliminary plat or a site plan for the development, as applicable, shall be placed on file with the community development department. (4) Authorization for sign placement. Only the exclusive agent of the developer or owner of the property shall be authorized to place a sign on the property. The property owner's signed authorization consenting to the placement of a sign representing an exclusive real estate agent on such premises shall be filed with the community development department prior to the placement of the agent's sign. (5) Time limitation. Active subdivision or real estate development signs shall be removed once fifty (50) percent of the subdivision or development is sold or leased by the developer. (Ord. No. 98-9, § 3D, 5-19-98; Ord. No. 2012-030, § 5, 7-10-12) Section 956.16. Regulations for permanent identification signs requiring permits. The schedule of regulations for permanent signs requiring permits is stipulated in Table 1 which is located at the end of this chapter. The tabular schedule denoted in Table 1 identifies regulations governing the following sign characteristics: 1) maximum cumulative signage; 2) maximum signage on a single face; 3) maximum height; 4) required setbacks from the right-of-way and property lines; 5) number of allowable signs per street frontage. The following subsections describe supplemental regulations for managing Indian River County, Florida, Code of Ordinances Page 768 XTYACHMENT 1 P203 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS permanent signs requiring permits, excepting that signs at a single-family residence or duplex shall not require a permit. The terms "residential zoning districts" and "nonresidential zoning districts" are defined in Chapter 901, Definitions. (1) Identification signs for residential zoning districts. (a) Single-family residence or duplex. A sign indicating only the name and/or address of the occupant or premises for each dwelling unit may be installed without a permit provided each sign has a maximum area not exceeding two (2) square feet, excluding mail -boxes, and shall not be higher than five (5) feet above the crown of the nearest road unless the sign is mounted flush against the wall of a building. (b) Residential developments of three (3) units or more. Signs shall be restricted to one facade or freestanding sign per street frontage indicating the name and/or address of the premises, provided the signs comply with the criteria cited in Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." Each phase of a planned development shall be construed as a separate development. (c) Subdivision entrance signs. One such sign may be permitted an each side of the principal entrance to a residential subdivision. All such signs shall satisfy Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." Each phase of a planned development shall be construed as a separate development. (d) Identification signs for approved nonresidential uses within residential districts. 1. For approved uses other than residential uses, one permanent freestanding or facade identification sign per street frontage shall be permitted on any premises. This provision shall not be construed to include home occupation uses. Such signs shall comply with Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." 2. Registered real estate brokers operating an office at their residences as a home occupation may place an identifying sign containing letters not more than one inch high on the exterior of the building. (2) Identification signs for nonresidential districts. (a) On -premise freestanding signs in nonresidential districts, excluding commercial/industriaUnstitutional complexes. Such signs shall be limited to message center signs, time and temperature signs, or identification signs limited to the name of the business, services performed, facilities available, commodities sold, provided, or obtained on the premises where the sign is located. A nonresidential use within a nonresidential district may erect freestanding and facade signs provided that said signs comply with the sign regulations of this chapter, including Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." (b) Commercial/industrial/institutional complexes. A commercial/industrial/institutional complex, as defined in Chapter 901, Definitions, may include freestanding, facade, and under -canopy signs complying with regulations governing signage for commercial/industrial/ institutional complexes which are contained in Table 1, "Schedule of Regulations for Permanent Signs Requiring Permits." (c) Building facade signs in nonresidential districts. Signs attached to building facades shall include, but not be limited to, wall signs, painted signs, marquee signs, canopy signs, awning signs, parapet signs, overhanging signs, projecting signs, and pylon signs. In calculating the area of a building facade, no additional credit shall be given for the surface of any canopy or awning . The calculation of the allowable facade credit shall always be calculated on a flat, two (2) dimensional plane and shall not include that part of any parapet, marquee, pylon or other surface which extends above the roof line. A mansard roof shall be classified as a parapet wall. If the lower edge of a slanted roof other than a mansard roof extends below the roofline, the allowable facade area Indian River County, Florida, Code of OrdinancesPage 769 ATTACHMENT 1 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS for the purpose of computing signage shall be the area of the wall. All facade signs shall comply with Table 1 "Schedule of Regulations for Permanent Signs Requiring Permits" and the below stated provisions. 1. Street facade sign area. There shall be an allowable amount of cumulative sign area for signs attached to the frontage street facade of a building, including permanent window signs not in excess of that percentage shown on the "Street Facade Sign Area Graph" and the "Street Facade Sign Area Table," both of which are attached hereto and made a part hereof. 2. Sign area for facade other than frontage street facades. There shall be an allowable amount of cumulative sign area for signs on facades other than the frontage street facade not in excess of fifty (50) percent of that percentage on the Street Facade Sign Area Graph and Table. 3. Sign area for facades facing residentially zoned property. When said facade faces residentially zoned property, the allowable amount of cumulative sign area shall not exceed twenty-five (25) percent of the area allowed as shown on said Street Facade Sign Area Graph or Table. 4. Compliance with standard building code. Wall signs shall comply with Section 2303.3 of the Southern Standard Building Code, as may be amended. 5. Restriction on placement of facade signs. No wall sign shall project above the top of the wall to which it is attached. Signs may be placed in whole or in part upon a parapet, or wholly on the vertical faces of a marquee, but no part of any such sign shall project above the upper edge of the parapet or marquee, nor shall any part of a sign project below the bottom of the vertical face of the marquee. 6. Marquee or under canopy sign. Notwithstanding the above criterion, one identification sign may be attached to the bottom of a marquee at a business entrance, in which case the sign shall not exceed six and one-half (6%) square feet in area, shall maintain an eight -foot minimum clearance above the sidewalk grade, and shall not extend beyond the marquee's perimeter or over public property or public right-of-way. (d) Overhanging or projecting signs. One projecting sign per structure is permitting within nonresidential districts and only on a structure having no freestanding sign. No part of a projecting sign or advertising structure shall project more than eighteen (18) inches from the wall of a building and shall not project over a public sidewalk or street right-of-way. No sign or part of a sign or its supporting structure shall cover any window or part of a window. No projecting sign or supporting structure shall be located in such a manner as to obstruct window light and vision. No projecting sign shall extend above the top of the wall or parapet wall (whichever is greater in height). (e) Off -premise directional signs. Off -premise directional sign shall be permitted after satisfying the following conditions: 1. Off -premise directional signs area. Sign area shall comply with Table I "Schedule of Regulations for Permanent Signs Requiring Permits," except that on 1-95 the maximum area shall not exceed three hundred (300) square feet. 2. Sign location. Off -premise directional signs shall be located in the CG, CH, IL, or IG zoning districts. Off -premise signs may be allowed on the same site as on -premise signs provided that a one thousand -foot separation distance is maintained between the off -premise sign and any other sign on the site. 3. Spacing of signs. Off -premise directional signs visible to the same flow of traffic on the same side of the main traveled way shall not be closer than one thousand (1,000) feet apart. More than one off -premise sign may be permitted on a single parcel provided such signs are spaced a minimum distance of one thousand (1,000) feet from all existing freestanding signs, Indian River County, Florida, Code of Ordinances Page 770 ATTACHMENT 1 P205 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS except that on Interstate 95 sign separation distance shall be a minimum of one thousand five hundred (1,500) feet. The minimum distance between two (2) off -premise signs located at the intersection of two (2) streets and facing different flows of traffic at right angles to each other shall be one hundred (100) feet apart. Back-to-back signs are permitted. 4. Sign height. Off -premise signs shall not exceed the height limitations for the district in which the sign is located, except that such signs located on Interstate 95 shall not exceed fifty (50) feet in height. In addition, section 956.18(2) provides for the board of county commissioners to review and take action on any such signs which may be protected by the Federal Highway Beautification Act of 1965 and/or Chapter 479, Florida Statues. 5. Off -premise directional signs for nonresidential subdivisions. Off -premise directional signs may be permitted within nonresidential subdivisions upon compliance with the following performance standards: a. Only one such sign shall be located on a lot or parcel adjacent to the principal entrance in the subdivision; b. The sign shall be permitted for the exclusive use of all consenting owners or tenants within the subdivision; c. The sign shall comply with Table I "Schedule of Regulations for Permanent Signs Requiring Permits"; d. The sign shall be set back from an adjacent property line a minimum distance of twenty (20) feet; e. The sign may be placed on an existing permitted freestanding sign; however, If a separate sign is erected, such sign shall have a minimum separation distance of ten (10) feet from any existing freestanding sign; f. Except as provided in the following paragraph, the owner of the property on which the sign is located shall apply for a sign permit and shall be responsible for compliance with the provisions of this chapter; g. For nonresidential subdivisions requiring plat approval, the developer shall designate a tract or easement where the sign shall be located. Such tract or easement shall be dedicated to a property owners association which shall be responsible for obtaining a sign permit and for compliance with the provisions of this chapter. (3) Modifications to the schedule of regulations. An applicant may request a modification to the schedule of regulations as a bonus for the applicant's voluntary incorporation of aesthetic design considerations and a voluntary reduction in the number and cumulative area of permanent identification signs erected. In order to receive a modification, the applicant shall submit a plan of all existing and proposed signs on the subject site to the director of community development. The plan shall comply with the following criteria: (a) The total number of requested permanent signs shall be less than the allowable number of permanent freestanding and/or facade identification signs requiring permits. (b) The cumulative area of the signage proposed for the site, including any existing signage, shall be at least ten (10) percent less than the maximum allowable cumulative area. (c) The plan for signage shall incorporate a design which is consistent with accepted principles of street graphics, including consideration of sign placement, size, and overall relation to the subject site and adjacent properties. Indian River County, Florida, Code of Ordinances Page 771 ATTACHMENT 1 P206 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS A modification in the schedule of regulations shall be approved by the director of community development. (Ord. No. 90-16, § 1, 9-11-90) Section 956.17. Nonconforming signs. (1) Continuance of existing nonconforming signs. Subject to section 956.12 'Prohibited Signs," signs in place and properly maintained at the time this chapter is enacted which do not comply with all the provisions of this chapter but which conformed to sign regulations existing prior to enactment of this chapter or which were authorized by Indian River County prior to the effective date of this chapter may be continued subject to the termination provisions of section 956.17(3). No such nonconforming signs shall be changed in any manner that increases the nonconformity. The provisions of this section shall not be construed to include banners and flags used to attract attention to industrial, commercial or residential developments excepting flags pursuant to section 956.11(2)(1). (2) Alterations to nonconforming signs. No existing nonconforming sign shall be structurally altered, unless brought into conformity with the requirements of this chapter. However, this restriction shall not apply to a change of copy. (3) Termination of nonconforming signs. Nonconforming signs shall be terminated and removed under the following conditions: (a) By abandonment. Abandonment of a nonconforming sign shall require the real property owner to immediately remove such sign or bring it into conformance. (b) By violation. Any violation of this chapter other than the existing nonconforming status of a sign at the time of enactment of this chapter shall require the owner to immediately remove such sign. (c) By destruction, damage, or deterioration. The use of any nonconforming sign shall terminate whenever the sign is damaged or destroyed beyond fifty (50) percent .of the replacement cost of the sign from any cause whatsoever, or becomes substandard as defined under any applicable county regulation, or becomes a hazard or danger, and upon termination shall be removed. (Ord. No. 90-16, § 1, 9-11-90) Section 956.18. Removal of prohibited or unlawful signs. (1) General policy regulating removal. In accordance with section 956.19, the code enforcement officer shall notify the owner or other persons having control or authority over a sign prohibited pursuant to section 956.12 and specify a reasonable time for removal or other required action regarding the sign. Notwithstanding this provision, hazardous signs or any sign placed upon public property or within a public right-of-way without proper authorization from the county may be removed immediately by the code enforcement officer without prior notice. The code enforcement officer shall allow a prohibited sign to remain only for the minimum time reasonably necessary pursuant to code enforcement procedures incorporated into the Code of Laws Ordinances of Indian River County. (2) Continuation and/or removal of existing signs or grandfather clause. All existing signs or advertising structures properly permitted and conforming to the sign regulations of Indian River County in effect prior to the adoption of this chapter may continue in use in accordance with other provisions of this chapter and Chapter 904, Nonconformities, providing for the regulation of nonconformities. The Federal Highway Beautification Act of 1965 and Chapter 479, Florida Statutes, provide that signs located on interstate or federal aid primary system highways in compliance with applicable federal and state laws must be compensated for forced removal. The board of county commissioners shall consider the Indian River County, Florida, Code of Ordinances Page 772 ATTACHMENT 1 P207 - CODE OF ORDINANCES Title IX LAND DEVELOPMENT REGULATIONS specific costs and benefits associated with the removal of any sign protected by the referenced federal and state laws. The county shall consider the following factors and determine the most cost effective, equitable, and legally sustainable course of action: (a) The availability of state and/or federal funds for enforcement of the respective state and/or federal laws (i.e., compensation to sign owners); (b) Availability of local funds to implement the subject state and/or federal laws; (c) Evolving state and federal legislation and case law which may assist in resolving issues of equity and public interest; and (d) Alternate cost effective programs. Such programs may include coordinating a public/private partnership in drafting uniform guidelines for accommodating limited off -premise signage along interstate highways or other federal aid primary system highways. Such a program may include adoption of a design and policy manual for incorporating off -premise signage on uniformly designed directory signs situated at strategically located areas along such major roadways. (3) Unlawful signs. Any sign installed prior to the effective date of this chapter which required a permit or required other approval from the county, but no proper permit or permission was obtained, is an unlawful sign and shall be subject to removal in accordance with this chapter unless a permit is obtainable and is obtained under this chapter after due notice pursuant to code enforcement procedures. (Ord. No. 90-16, § 1, 9-11-90) Table 1. Schedule of Regulations for Permanent Signs Requiring Permits Indian River County, Florida, Code of Ordinances Page 773 ATTACHMENT 1 P208 Minimum � Formula Maximum Maximum setback for No. of for height (ft.) Type Sign Use cumulative signage area of freestanding sign per signage at on single freestanding sign street site (sq. ft.) sign (sq. ft.) sign property frontage line or R/W Freestanding ID Sign for or facade i SF or 2F 1 NA 2 5 2 ft. NA Freestanding Residential or facade i 3 units or more NA Lane/SPD Area 2 ft. 1 Z Up To I 2 25 20 10 2 ft. I NA 35 20 12 2 ft. Indian River County, Florida, Code of Ordinances Page 773 ATTACHMENT 1 P208 (Slip Opinion) OCTOBER TERM, 2014 Syllabus NOTE. Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v Detroit 71mber & Lumber Co., 200 U. S. 321, 337 SUPREME COURT OF THE UNITED STATES Syllabus REED ET AL. u. TOWN OF GILBERT, ARIZONA, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 13-502. Argued January 12, 2015—Decided June 18, 2015 Gilbert, Arizona (Town), has a comprehensive code (Sign Code or Code) that prohibits the display of outdoor signs without a permit, but ex- empts 23 categories of signs, including three relevant here. "Ideolog- ical Signs," defined as signs "communicating a message or ideas" that do not fit in any other Sign Code category, may be up to 20 square feet and have no placement or time restrictions. 'Political Signs," de- fined as signs "designed to influence the outcome of an election," may be up to 32 square feet and may only be displayed during an election season. "Temporary Directional Signs," defined as signs directing the public to a church or other "qualifying event," have even greater re- strictions: No more than four of the signs, limited to six square feet, may be on a single property at any time, and signs may be displayed no more than 12 hours before the "qualifying event" and 1 hour after. Petitioners, Good News Community Church (Church) and its pas- tor, Clyde Reed, whose Sunday church services are held at various temporary locations in and near the Town, posted signs early each Saturday bearing the Church name and the time and location of the next service and did not remove the signs until around midday Sun- day. The Church was cited for exceeding the time limits for display- ing temporary directional signs and for failing to include an event date on the signs. Unable to reach an accommodation with the Town, petitioners filed suit, claiming that the Code abridged their freedom of speech. The District Court denied their motion for a preliminary injunction, and the Ninth Circuit affirmed, ultimately concluding that the Code's sign categories were content neutral, and that the Code satisfied the intermediate scrutiny accorded to content -neutral regulations of speech. Held: The Sign Code's provisions are content -based regulations of ATTACHMENT 2 P209 REED v. TOWN OF GILBERT Syllabus speech that do not survive strict scrutiny. Pp. 6-17. (a) Because content -based laws target speech based on its commu- nicative content, they are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tai- lored to serve compelling state interests. E.g., R. A. V. v. St. Paul, 505 U. S, 377, 395. Speech regulation is content based if a law ap- plies to particular speech because of the topic discussed or the idea or message expressed. E.g., Sorrell v. IMS Health, Inc., 564 U. S. And courts are required to consider whether a regulation of speech "on its face" draws distinctions based on the message a speak- er conveys. Id., at — Whether laws define regulated speech by par- ticular subject matter or by its function or purpose, they are subject to strict scrutiny. The same is true for laws that, though facially con- tent neutral, cannot be "'justified without reference to the content of the regulated speech,"' or were adopted by the government `because of disagreement with the message" conveyed. Ward v. Rock Against Racism, 491 U. S. 781, 791. Pp. 647. (b) The Sign Code is content based on its face. It defines the cate- gories of temporary, political, and ideological signs on the basis of their messages and then subjects each category to different re- strictions. The restrictions applied thus depend entirely on the sign's communicative content. Because the Code, on its face, is a content - based regulation of speech, there is no need to consider the govern- ment's justifications or purposes for enacting the Code to determine whether it is subject to strict scrutiny Pp. 7. (c) None of the Ninth Circuit's theories for its contrary holding is persuasive. Its conclusion that the Town's regulation was not based on a disagreement with the message conveyed skips the crucial first step in the content -neutrality analysis: determining whether the law is content neutral on its face. A law that is content based on its face is subject to strict scrutiny regardless of the government's benign mo- tive, content -neutral justification, or lack of "animus toward the ideas contained" in the regulated speech. Cincinnati v. Discovery Network, Inc., 507 U. S 410, 429 Thus, an innocuous justification cannot transform a facially content -based law into one that is content neu- tral. A court must evaluate each question—whether a law is content based on its face and whether the purpose and justification for the law are content based—before concluding that a law is content neu- tral. Ward, does not require otherwise, for its framework applies only to a content -neutral statute. The Ninth Circuit's conclusion that the Sign Code does not single out any idea or viewpoint for discrimination conflates two distinct but related limitations that the First Amendment places on government regulation of speech. Government discrimination among viewpoints ATTACHMENT 2 P210 Cite as: 576 U. S. _ (2015) Syllabus is a "more blatant" and "egregious form of content discrimination," Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 829, but "[t]he First Amendment's hostility to content -based regulation [also] extends ... to prohibition of public discussion of an entire top- ic," Consolidated Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y, 447 U. S. 530, 537. The Sign Code, a paradigmatic example of con- tent -based discrimination, singles out specific subject matter for dif- ferential treatment, even if it does not target viewpoints within that subject matter. The Ninth Circuit also erred in concluding that the Sign Code was not content based because it made only speaker -based and event - based distinctions. The Code's categories are not speaker-based—the restrictions for political, ideological, and temporary event signs apply equally no matter who sponsors them. And even if the sign catego- ries were speaker based, that would not automatically render the law content neutral. Rather, 'laws favoring some speakers over others demand strict scrutiny when the legislature's speaker preference re- flects a content preference." Turner Broadcasting System, Inc. v. FCC, 512 U. S 622, 658. This same analysis applies to event -based distinctions. Pp. 8-14. (d) The Sign Code's content -based restrictions do not survive strict scrutiny because the Town has not demonstrated that the Code's dif- ferentiation between temporary directional signs and other types of signs furthers a compelling governmental interest and is narrowly tailored to that end. See Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, 564 U. S. _., — Assuming that the Town has a compelling interest in preserving its aesthetic appeal and traf- fic safety, the Code's distinctions are highly underinclusive. The Town cannot claim that placing strict limits on temporary directional signs is necessary to beautify the Town when other types of signs create the same problem. See Discovery Network, supra, at 425. Nor has it shown that temporary directional signs pose a greater threat to public safety than ideological or political signs. Pp. 14-15. (e) This decision will not prevent governments from enacting effec- tive sign laws. The Town has ample content -neutral options availa- ble to resolve problems with safety and aesthetics, including regulat- ing size, building materials, lighting, moving parts, and portability. And the Town may be able to forbid postings on public property, so long as it does so in an evenhanded, content -neutral manner. See Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U. S. 789, 817. An ordinance narrowly tailored to the challenges of protecting the safety of pedestrians, drivers, and passengers—e.g., warning signs marking hazards on private property or signs directing traffic—might also survive strict scrutiny. Pp. 16-17. P211 REED v. TOWN OF GILBERT Syllabus 707 F. 3d 1051, reversed and remanded. THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, KENNEDY, ALITO, and "SOTOMAYOR, JJ., joined. ALITO, J., filed a concurring opinion, in which KENNEDY and. SOTOMAYOR, JJ., joined. BREYER, J., filed an opinion concurring in the judgment. KA. GAN, J., filed an opinion concurring in the judgment, in which GINSBURG and BREYER, JJ., joined A11AGHUEg1 2 P212 Cite as: 576 U. S. _ (2015) Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash. ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. SUPREME COURT OF THE UNITED STATES No. 13-502 CLYDE REED, ET AL., PETITIONERS u. TOWN OF GILBERT, ARIZONA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 18, 2015] JUSTICE THOMAS delivered the opinion of the Court. The town of Gilbert, Arizona (or Town), has adopted a comprehensive code governing the manner in which people may display outdoor signs. Gilbert, Ariz., Land Develop- ment Code (Sign Code or Code), ch. 1, §4.402 (2005).' The Sign Code identifies various categories of signs based on the type of information they convey, then subjects each category to different restrictions. One of the categories is "Temporary Directional Signs Relating to a Qualifying Event," loosely defined as signs directing the public to a meeting of a nonprofit group. §4.402(P). The Code imposes more stringent restrictions on these signs than it does on signs conveying other messages. We hold that these provisions are content -based regulations of speech that cannot survive strict scrutiny. 'The Town's Sign Code is available online at ht,tp://www.gilbertaz.gov/ departments/development- service /planning-development/land- development-code (as visited June 16, 2015, and available in Clerk of Court's case file). A TACHMENT 2 REED v. TOWN OF GILBERT Opinion of the Court I A The Sign Code prohibits the display of outdoor signs anywhere within the Town without a permit, but it then exempts 23 categories of signs from that requirement. These exemptions include everything from bazaar signs to flying banners. Three categories of exempt signs are particularly relevant here. The first is "Ideological Sign[s]." This category includes any "sign communicating a message or ideas for noncom- mercial purposes that is not a Construction Sign, Direc- tional Sign, Temporary Directional Sign Relating to a Qualifying Event, Political Sign, Garage Sale Sign, or a sign owned or required by a governmental agency." Sign Code, Glossary of General Terms (Glossary), p. 23 (em- phasis deleted). Of the three categories discussed here, the Code treats ideological signs most favorably, allowing them to be up to 20 square feet in area and to be placed in all "zoning districts" without time limits. §4.402(J). The second category is "Political Sign[s]." This includes any "temporary sign designed to influence the outcome of an election called by a public body." Glossary 23.2 The Code treats these signs less favorably than ideological signs. The Code allows the placement of political signs up to 16 square feet on residential property and up to 32 square feet on nonresidential property, undeveloped mu- nicipal property, and "rights-of-way." §4.402(I).3 These signs may be displayed up to 60 days before a primary election and up to 15 days following a general election. Ibid. 2A "Temporary Sign" is a "sign not permanently attached to the ground, a wall or a building, and not designed or intended for perma- nent display." Glossary 25. 3The Code defines "Right -of -Way" as a "strip of publicly owned land occupied by or planned for a street, utilities, landscaping, sidewalks, trails, and similar facilities." Id., at 18. ATTACHMENT 2 P214 Cite as: 576 U. S. _ (2015) Opinion of the Court The third category is "Temporary Directional Signs Relating to a Qualifying Event." This includes any "Tem- porary Sign intended to direct pedestrians, motorists, and other passersby to a `qualifying event."' Glossary 25 (emphasis deleted). A "qualifying event" is defined as any "assembly, gathering, activity, or meeting sponsored, arranged, or promoted by a religious, charitable, commu- nity service, educational, or other similar non-profit organ- ization." Ibid. The Code treats temporary directional signs even less favorably than political signs.4 Temporary directional signs may be no larger than six square feet. §4.402(P). They may be placed on private property or on a public right-of-way, but no more than four signs may be placed on a single property at any time. Ibid. And, they may be displayed no more than 12 hours before the "quali- fying event" and no more than 1 hour afterward. Ibid. B Petitioners Good News Community Church (Church) and its pastor, Clyde Reed, wish to advertise the time and location of their Sunday church services. The Church is a small, cash-strapped entity that owns no building, so it holds its services at elementary schools or other locations in or near the Town. In order to inform the public about its services, which are held in a variety of different loca- 4The Sign Code has been amended twice during the pendency of this case. When litigation began in 2007, the Code defined the signs at issue as "Religious Assembly Temporary Direction Signs:' App. 75. The Code entirely prohibited placement of those signs in the public right-of-way, and it forbade posting them in any location for more than two hours before the religious assembly or more than one hour after- ward. Id., at 75-76. In 2008, the Town redefined the category as "Temporary Directional Signs Related to a Qualifying Event," and it expanded the time limit to 12 hours before and 1 hour after the "quali- fying event." Ibid. In 2011, the Town amended the Code to authorize placement of temporary directional signs in the public right-of-way. Id., at 89. ATTACHMENT Z P215 REED u. TOWN OF GILBERT Opinion of the Court tions, the Church began placing 15 to 20 temporary signs around the Town, frequently in the public right-of-way abutting the street. The signs typically displayed the Church's name, along with the time and location of the upcoming service. Church members would post the signs early in the day on Saturday and then remove them around midday on Sunday. The display of these signs requires little money and manpower, and thus has proved to be an economical and effective way for the Church to let the community know where its services are being held each week. This practice caught the attention of the Town's Sign Code compliance manager, who twice cited the Church for violating the Code. The first citation noted that the Church exceeded the time limits for displaying its tempo- rary directional signs. The second citation referred to the same problem, along with the Church's failure to include the date of the event on the signs. Town officials even confiscated one of the Church's signs, which Reed had to retrieve from the municipal offices. Reed contacted the Sign Code Compliance Department in an attempt to reach an accommodation. His efforts proved unsuccessful. The Town's Code compliance man- ager informed the Church that there would be "no leni- ency under the Code" and promised to punish any future violations. Shortly thereafter, petitioners filed a complaint in the United States District Court for the District of Arizona, arguing that the Sign Code abridged their freedom of speech in violation of the First and Fourteenth Amend- ments. The District Court denied the petitioners' motion for a preliminary injunction. The Court of Appeals for the Ninth Circuit affirmed, holding that the Sign Code's provi- sion regulating temporary directional signs did not regu- late speech on the basis of content. 587 F. 3d 966, 979 (2009). It reasoned that, even though an enforcement ATTACHMENT 4 P216 Cite as: 576 U. S. _ (2015) Opinion of the Court officer would have to read the sign to determine what provisions of the Sign Code applied to it, the "`kind of cursory examination"' that would be necessary for an officer to classify it as a temporary directional sign was "not akin to an officer synthesizing the expressive content of the sign." Id., at 978. It then remanded for the District Court to determine in the first instance whether the Sign Code's distinctions among temporary directional signs, political signs, and ideological signs nevertheless consti- tuted a content -based regulation of speech. On remand, the District Court granted summary judg- ment in favor of the Town. The Court of Appeals again affirmed, holding that the Code's sign categories were content neutral. The court concluded that "the distinc- tions between Temporary Directional Signs, Ideological Signs, and Political Signs ... are based on objective fac- tors relevant to Gilbert's creation of the specific exemption from the permit requirement and do not otherwise consider the substance of the sign." 707 F. 3d 1057, 1069 (CA9 2013). Relying on this Court's decision in Hill v. Colorado, 530 U. S. 703 (2000), the Court of Appeals concluded that the Sign Code is content neutral. 707 F. 3d, at 1071-1072. As the court explained, "Gilbert did not adopt its regula- tion of speech because it disagreed with the message conveyed" and its "interests in regulat[ing] temporary signs are unrelated to the content of the sign." Ibid. Accord- ingly, the court believed that the Code was "content - neutral as that term [has been] defined by the Supreme Court." Id., at 1071. In light of that determination, it applied a lower level of scrutiny to the Sign Code and concluded that the law did not violate the First Amend- ment. Id., at 1073-1076. We granted certiorari, 573 U. S. _ (2014), and now reverse. 11TTACNMENT 2 P217 REED u.. TOWN OF GILBERT Opinion of the Court II A The First Amendment, applicable to the States through the Fourteenth Amendment, prohibits the enactment of laws "abridging the freedom of speech." U. S. Const., Amdt. 1. Under that Clause, a government, including a municipal government vested with state authority, "has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Police Dept. of Chicago V. Mosley, 408 U. S. 92, 95 (1972). Content -based laws—those that target speech based on its communica- tive content—are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests. R. A. V v. St. Paul, 505 U. S. 377, 395 (1992); Simon & Schuster, Inc. v. Members of N. Y. State Crime Victims Bd., 502 U. S. 105, 115, 118 (1991). Government regulation of speech is content based if a law applies to particular speech because of the topic dis- cussed or the idea or message expressed. E.g., Sorrell v. IMS Health, Inc., 564 U. S. _ _ (2011) (slip op., at 8-9); Carey v. Brown, 447 U. S. 455, 462 (1980); Mosley, supra., at 95. This commonsense meaning of the phrase "content based" requires a court to consider whether a regulation of speech "on its face" draws distinctions based on the message a speaker conveys. Sorrell, supra., at _ (slip op., at 8). Some facial distinctions based on a mes- sage are obvious, defining regulated speech by particular subject matter, and others are more subtle, defining regu- lated speech by its function or purpose. Both are distinc- tions drawn based on the message a speaker conveys, and, therefore, are subject to strict scrutiny. Our precedents have also recognized a separate and additional category of laws that, though facially content neutral, will be considered content -based regulations of speech: laws that cannot be "`justified without reference to ATTAGNMEwi 2 P218 Cite as: 576 U. S. _ (2015) Opinion of the Court the content of the regulated speech,"' or that were adopted by the government "because of disagreement with the message [the speech] conveys," Ward, v. Rock Against Racism, 491 U. S. 781, 791 (1989). Those laws, like those that are content based on their face,- must also satisfy strict scrutiny. B The Town's Sign Code is content based on its face. It defines "Temporary Directional Signs" on the basis of whether a sign conveys the message of directing the public to church or some other "qualifying ,event." Glossary 25. It defines `Political Signs" on the basis of whether a sign's message is "designed to influence the outcome of an elec- tion." Id., at 24. And it defines "Ideological Signs" on the basis of whether a sign "communicat[es] a message or ideas" that do not fit within the Code's other categories. Id., at 23. It then subjects each of these categories to different restrictions. The restrictions in the Sign Code that apply to any given sign thus depend entirely on the communicative content of the sign. If a sign informs its reader of the time and place a book club will discuss John Locke's Two Trea- tises of Government, that sign will be treated differently from a sign expressing the view that one should vote for one of Locke's followers in an upcoming election, and both signs will be treated differently from a sign expressing an ideological view rooted in Locke's theory of government. More to the point, the Church's signs inviting people to attend- its worship services are treated differently from signs conveying other types of ideas. On its face, the Sign Code is a content -based regulation of speech. We thus have no need to consider the government's justifications or purposes for enacting the Code to determine whether it is subject to strict scrutiny. ATTACHMENT 2 P219 REED u. TOWN OF GILBERT Opinion of the Court C In reaching the contrary conclusion, the Court of Ap- peals offered several theories to explain why the Town's Sign Code should be deemed content neutral. None is persuasive. The Court of Appeals first determined that the Sign Code was content neutral because the Town "did not adopt its regulation of speech [based on] disagree[ment] with the message conveyed," and its justifications for regulating temporary directional signs were "unrelated to the content of the sign." 707 F. 3d, at 1071-1072. In its brief to this Court, the United States similarly contends that a sign regulation is content neutral—even if it expressly draws distinctions based on the sign's communicative content—if those distinctions can be "`justified without reference to the content of the regulated speech."' Brief for United States as Am.icus Curiae 20, 24 (quoting Ward, supra, at 79.1; emphasis deleted). But this analysis skips the crucial first step in the content -neutrality analysis: determining whether the law is content neutral on its face. A law that is content based on its face is subject to strict scrutiny regardless of the government's benign motive, content -neutral justification, or lack of "animus toward the ideas contained" in the regulated speech. Cincinnati v. Discovery Network, Inc., 507 U. S. 410, 429 (1993). We have thus made clear that "`[i]llicit legislative intent is not the sine qua. non of a violation of the First Amendment,"' and a party opposing the government "need adduce `no evidence of an improper censorial motive."' Simon & Schuster, supra, at 117. Although "a content -based purpose may be sufficient in certain circumstances to show that a regulation is content based, it is not necessary." Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 642 (1994). In other words, an ATTACHMENT 2 P220 Cite as: 576 U. S. _ (2015) Opinion of the Court innocuous justification cannot transform a facially content - based law into one that is content neutral. That is why we have repeatedly considered whether a law is content neutral on its face before turning to the law's justification or purpose. See, e.g., Sorrell, supra, at _ _ (slip op., at 8-9) (statute was content based "on its face," and there was also evidence of an impermissible legislative motive); United States v. Eichman, 496 U. S. 310, 315 (1990) ("Although the [statute] contains no ex- plicit content -based limitation on the scope of prohibited conduct, it is nevertheless clear that the Government's asserted interest is related to the suppression of free ex- pression" (internal quotation marks omitted)); Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U. S. 789, 804 (1984) ("The text of the ordinance is neu- tral," and "there is not even a hint of bias or censorship in the City's enactment or enforcement of this ordinance"); Clark v. Community for Creative Non -Violence, 468 U. S. 288, 293 (1984) (requiring that a facially content -neutral ban on camping must be "justified without reference to the content of the regulated speech"); United States v. O'Brien, 391 U. S. 367, 375, 377 (1968) (noting that the statute "on its face deals with conduct having no connection with speech," but examining whether the "the governmental interest is unrelated to the suppression of free expres- sion"). Because strict scrutiny applies either when a law -is content based on its face or when the purpose and justi- fication for the law are content based, a court must evalu- ate each question before it concludes that the law is con- tent neutral and thus subject to a lower level of scrutiny. The Court of Appeals and the United States misunder- stand our decision in Ward as suggesting that a govern- ment's purpose is relevant even when a law is content based on its face. That is incorrect. Ward had nothing to say about facially content -based restrictions because it involved a facially content -neutral ban on the use, in a P221 10 REED u. TOWN OF GILBERT Opinion of the Court city -owned music venue, of sound amplification systems not provided by the city. 491 U. S., at 787, and n. 2. In that context, we looked to governmental motive, including whether the government had regulated speech "because of disagreement" with its message, and whether the regula- tion was "`justified without reference to the content of the speech."' Id., at 791. But Ward's framework "applies only if a statute is content neutral." Hill, 530 U. S., at 766 (KENNEDY, J., dissenting). Its rules thus operate "to pro- tect speech," not "to restrict it." Id., at 765. The First Amendment requires no less. Innocent mo- tives do not eliminate the danger of censorship presented by a facially content -based statute, as future government officials may one day wield such statutes to suppress disfavored speech. That is why the First Amendment .expressly targets the operation of the laws—i.e., the "abridg[ement] of speech"—rather than merely the mo- tives of those who enacted them. U. S. Const., Amdt. 1. "`The vice of content -based legislation ... is not that it is always used for invidious, thought -control purposes, but that it lends itself to use for those purposes."' Hill, supra, at 743 (SCALIA, J., dissenting). For instance, in NAACP v. Button, 371 U. S. 415 (1963), the Court encountered a State's attempt to use a statute prohibiting "`improper solicitation"' by attorneys to outlaw litigation -related speech of the National Association for the Advancement of Colored People. Id., at 438. Although Button predated our more recent formulations of strict scrutiny, the Court rightly rejected the State's claim that its interest in the "regulation of professional conduct" rendered the statute consistent with the First Amend- ment, observing that "it is no answer ... to say ... that the purpose of these regulations was merely to insure high professional standards and not to curtail free expression." Id., at 438-439. Likewise, one could easily imagine a Sign Code compliance manager who disliked the Church's ATTACHMENT 2 P222 Cite as: 576 U. S. _ (2015) 11 Opinion of the Court substantive teachings deploying the Sign Code to make it more difficult for the Church to inform the public of the location of its services. Accordingly, we have repeatedly "rejected the argument that `discriminatory ... treatment is suspect under the First Amendment only when the legislature intends to suppress certain ideas."' Discovery Network, 507 U. S., at 429. We do so again today. 2 The Court of Appeals next reasoned that the Sign Code was content neutral because it "does not mention any idea or viewpoint, let alone single one out for differential treatment." 587 F. 3d, at 977. It reasoned that, for the purpose of the Code provisions, "[i]t makes no difference which candidate is supported, who sponsors the event, or what ideological perspective is asserted." 707 F. 3d, at 1069. The Town seizes on this reasoning, insisting that "con- tent based" is a term of art that "should be applied flexi- bly" with the goal of protecting "viewpoints and ideas from government censorship or favoritism." Brief for Respond- ents 22. In the Town's view, a sign regulation that "does not censor or favor particular viewpoints or ideas" cannot be content based. Ibid. The Sign Code allegedly passes this test because its treatment of temporary directional signs does not raise any concerns that the government is "endorsing or suppressing `ideas or viewpoints,"' id., at 27, and the provisions for political signs and ideological signs "are neutral as to particular ideas or viewpoints" within those categories. Id., at 37. This analysis conflates two distinct but related limita- tions that the First Amendment places on government regulation of speech. Government discrimination among viewpoints—or the regulation of speech based on "the' specific motivating ideology or the opinion or perspective of the speaker"—is a "more blatant" and "egregious form of ATTACHMENT 2 P223 12 REED u. TOWN OF GILBERT Opinion of the Court content discrimination." Rosenberger v. Rector and Visi- tors of Univ. of Va.., 515 U. S. 819, 829 (1995). But it is well established that "[tjhe First Amendment's hostility to content -based regulation extends not only to restrictions on particular viewpoints, but also to prohibition of public discussion of an entire topic." Consolidated Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y., 447 U. S. 530, 537 (1980). Thus, a speech regulation targeted at specific subject matter is content based even if it does not discriminate among viewpoints within that subject matter. Ibid. For example, a law banning the use of sound trucks for politi- cal speech—and only political speech—would be a content - based regulation, even if it imposed no limits on the politi- cal viewpoints that could be expressed. See Discovery Network, supra, at 428. The Town's Sign Code likewise singles out specific subject matter for differential treat- ment, even if it does not target viewpoints within that subject matter. Ideological messages are given more favorable treatment than messages concerning .a political candidate, which are themselves given more favorable treatment than messages announcing an assembly of like- minded individuals. That is a paradigmatic example of content -based discrimination. Finally, the Court of Appeals characterized the Sign Code's distinctions as turning on "'the content -neutral elements of who is speaking through the sign and whether and when an event is occurring."' 707 F. 3d, at 1069. That analysis is mistaken on both factual and legal grounds. To start, the Sign Code's distinctions are not speaker based. The restrictions for political, ideological, and tem- porary event signs apply equally no matter who sponsors them. If a local business, for example, sought to put up ATTACHMENT 2 P224 Cite as: 576 U. S. _. (2015) 13 Opinion of the Court signs advertising the Church's meetings, those signs would be subject to the same limitations as such signs placed by the Church. And if Reed had decided to dis- play signs in support of a particular candidate, he could have made those signs far larger—and kept them up for far longer—than signs inviting people to attend his church services. If the Code's distinctions were truly speaker based, both types of signs would receive the same treatment. In any case, the fact that a distinction is speaker based does not, as the Court of Appeals seemed to believe, auto- matically render the distinction content neutral. Because "[sjpeech restrictions based on the identity of the speaker are all too often simply a means to control content," Citi- zens United v. Federal Election Comm'n, 558 U. S. 310, 340 (2010), we have insisted that "laws favoring some speakers over others demand strict scrutiny when the legislature's speaker preference reflects a content prefer- ence," Turner, 512 U. S., at 658. Thus, a law limiting the content of newspapers, but -only newspapers, could not evade strict scrutiny simply because it could be character- ized as speaker based. Likewise, a content -based law that restricted the political speech of all corporations would not become content neutral just because it singled out corpo- rations as a class of speakers. See Citizens United, supra, at 340-341. Characterizing a distinction as speaker based is only the beginning—not the end—of the inquiry. Nor do the Sign Code's distinctions hinge on "whether and when an event is occurring." The Code does not per- mit citizens to post signs on any topic whatsoever within a set period leading up to an election, for example.. Instead, come election time, it requires Town officials to determine whether a sign is "designed to influence the outcome of an election" (and thus "political") or merely "communicating a message or ideas for noncommercial purposes" (and thus "ideological"). Glossary 24. That obvious content -based ATTACHMENT 2 P225 14 REED u. TOWN OF GILBERT Opinion of the Court inquiry does not evade strict scrutiny review simply be- cause an event (i.e., an election) is involved. And, just as with speaker -based laws, the fact that a distinction is event based does not render it content neu- tral. The Court of Appeals cited no precedent from this Court supporting its novel theory of an exception from the content -neutrality requirement for event -based laws. As we have explained, a speech regulation is content based if the law applies to particular speech because of the topic discussed or the idea or message expressed. Supra., at 6. A regulation that targets a sign because it conveys an idea about a specific event is no less content based than a regulation that targets a sign because it conveys some other idea. Here, the Code singles out signs bearing a particular message: the time and location of a specific event. This type of ordinance may seem like a perfectly rational way to regulate signs, but a clear and firm rule governing content neutrality is an essential means of protecting the freedom of speech, even if laws that might seem "entirely reasonable" will sometimes be "struck down because of their content -based nature." City of Ladue v. Gilleo, 512 U. S. 43, 60 (1994) (O'Connor, J., concurring). III Because the Town's Sign Code imposes content -based restrictions on speech, those provisions can stand only if they survive strict scrutiny, "`which requires the Govern- ment to prove that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest,"' Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, 564 U. S. _, _ (2011) (slip op., at 8) (quoting Citizens United, 558 U. S., at 340). Thus, it is the Town's burden to demonstrate that the Code's differentiation between temporary directional signs and other 'types of signs, such as political signs and ideological signs, furthers a compelling governmental interest and is narrowly tai- g1k°ZNMENT 4 P226 Cite as: 576 V. S. „_ (2015) 15 Opinion of the Court lored to that end. See ibid. The Town cannot do so. It has offered only two govern- mental interests in support of the distinctions the Sign Code draws: preserving the Town's aesthetic appeal and traffic safety. Assuming for the sake of argument that those are compelling governmental interests, the Code's distinctions fail as hopelessly underinclusive. Starting with the preservation of aesthetics, temporary directional signs are "no greater an eyesore," Discovery Network, 507 U. S., at 425, than ideological or political ones. Yet the Code allows unlimited proliferation of larger ideological signs while strictly limiting the number, size, and duration of smaller directional ones. The Town can- not claim that placing strict limits on temporary direc- tional signs is necessary to beautify the Town while at the same time allowing unlimited numbers of other types of signs that create the same problem. The Town similarly has not shown that limiting tempo- rary directional signs is necessary to eliminate threats to traffic safety, but that limiting other types of signs is not. The Town has offered no reason to believe that directional signs pose a greater threat to safety than do ideological or political signs. If anything, a sharply worded ideological sign seems more likely to distract a driver than a sign directing the public to a nearby church meeting. In light of this underinclusiveness, the Town has not met its burden to prove that its Sign Code is narrowly tailored to further a compelling government interest. Because a "`law cannot be regarded as protecting an inter- est of the highest order, and thus as justifying a re- striction on truthful speech, when it leaves appreciable damage to that supposedly vital interest unprohibited,"' Republican Party of Minn. v. White, 536 U. S. 765, 780 (2002), the Sign Code fails strict scrutiny. ATTACHMENT 2 P227 16 REED u. TOWN OF GILBERT Opinion of the Court IV Our decision today will not prevent governments from enacting effective sign laws. The Town asserts that an "`absolutist"' content -neutrality rule would render "virtu- ally all distinctions in sign laws ... subject to strict scru- tiny," Brief for Respondents 34-35, but that is not the case. Not "all distinctions" are subject to strict scrutiny, only content -based ones are. Laws that are content neutral are instead subject to lesser scrutiny. See Clark, 468 U. S., at 295. The Town has ample content -neutral options available to resolve problems with safety and aesthetics. For exam- ple, its current Code regulates many aspects of signs that have nothing to do with a sign's message: size, building materials, lighting, moving parts, and portability. See, e.g., §4.402(R). And on public property, the Town may go a long way toward entirely forbidding the posting of signs, so long as it does so in an evenhanded, content -neutral manner. See Taxpayers for Vincent, 466 U. S., at 817 (upholding content -neutral ban against posting signs on public property). Indeed, some lower courts have long held that similar content -based sign laws receive strict scrutiny, but there is no evidence that towns in those jurisdictions have suffered catastrophic effects. See, e.g., Sola.ntic, LLC v. Neptune Beach, 410 F. 3d 1250, 1264- 1269 (CA11 2005) (sign categories similar to the town of Gilbert's were content based and subject to strict scru- tiny); Matthews v. Needham, 764 F. 2d 58, 59-60 (CA1 1985) (law banning political signs but not commercial signs was content based and subject to strict scrutiny). We acknowledge that a city might reasonably view the general regulation of .signs as necessary because signs "take up space and may obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation." City of Ladue, 512 U. S., at 48. At the same time, the presence of certain ATTACHMENT q P228 Cite as: 576 U. S. _ (2015) 17 Opinion of the Court signs may be essential, both for vehicles and pedestrians, to guide traffic or to identify hazards and ensure safety. A sign ordinance narrowly tailored to the challenges of protecting the safety of pedestrians, drivers, and passen- gers—such as warning signs marking hazards on private property, signs directing traffic, or street numbers associ- ated with private houses—well might survive strict scru- tiny. The .signs at issue in this case, including political and ideological signs and signs for events, are far removed from those purposes. As discussed above, they are facially content based and are neither justified by traditional safety concerns nor narrowly tailored. We reverse the judgment of the Court of Appeals and remand the case for proceedings consistent with this opinion. It is so ordered. ATTACHMENT 2 P229 Cite as: 576 U. S. _ (2015) ALITO, J., concurring SUPREME COURT OF THE UNITED STATES No. 13-502 CLYDE REED, ET AL., PETITIONERS v. TOWN OF GILBERT, ARIZONA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 18, 2015] JUSTICE ALITO, with whom JUSTICE KENNEDY and JUSTICE SOTOMAYOR join, concurring. I join the opinion of the Court but add a few words of further explanation. As the Court holds, what we have termed "content - based" laws must satisfy strict scrutiny. Content -based laws merit this protection because they present, albeit sometimes in a subtler form, the same dangers as laws that regulate speech based on viewpoint. Limiting speech based on its "topic" or "subject" favors those who do not want to disturb the status quo. Such regulations may interfere with democratic self-government and the search for truth. See Consolidated Edison Co. of N. Y. v. Public SeM. Comm'n of N. Y., 447 U. S. 530, 537 (1980). As the Court shows, the regulations at issue in this case are replete with content -based distinctions, and as a result they must satisfy strict scrutiny. This does not mean, however, that municipalities are powerless to enact and enforce reasonable sign regulations. I will not attempt to provide anything like a comprehensive list, but here are some rules that would not be content based: Rules regulating the size of signs. These rules may distinguish among signs based on any content -neutral criteria, including any relevant criteria listed below. Rules regulating the locations in which signs may be ATTAGIINEIAT 2 P230 REED u. TOWN OF GILBERT ALITO, J., concurring placed. These rules may distinguish between free- standing signs and those attached to buildings. Rules distinguishing between lighted and unlighted signs. Rules distinguishing between signs with fixed messages and electronic signs with messages that change. Rules that distinguish between the placement of signs on private and public property. Rules distinguishing between the placement of signs on commercial and residential property. Rules distinguishing between on -premises and off - premises signs. Rules restricting the total number of signs allowed per mile of roadway. Rules imposing time restrictions on signs advertising a one-time event. Rules of this nature do not discriminate based on topic or subject and are akin to rules restricting the times within which oral speech or music is .allowed.* In addition to regulating signs put up by private actors, government entities may also erect their own signs con- sistent with the principles that allow governmental speech. See Pleasant Grove City v. Summum, 555 U. S. 460, 467-469 (2009). They may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic .spots. Properly understood, today's decision will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate esthetic objectives. *Of course, content -neutral restrictions on speech are not necessarily consistent with the First Amendment. Time, place, and manner restrictions "must be narrowly tailored to serve the government's legitimate, content -neutral interests." Ward v. Rock Against Racism, 491 U. S. 781, 798 (1989). But they need not meet the high standard imposed on viewpoint- and content -based restrictions. ATTACHMENT 2 P231 Cite as: 576 U. S. -,_,_ (2015) BREATR, J., concurring in judgment SUPREME COURT OF THE UNITED STATES No. 13-502 CLYDE REED, ET AL., PETITIONERS u. TOWN OF GILBERT, ARIZONA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 18, 2015] JUSTICE BREYER, concurring in the judgment. I join JUSTICE KAGAN's separate opinion. Like JUSTICE KAGAN I believe that categories alone cannot satisfactorily resolve the legal problem before us. The First Amendment requires greater judicial sensitivity both to the Amend- ment's expressive objectives and to the public's legitimate need for regulation than a simple recitation of categories, such as "content discrimination" and "strict scrutiny," would permit. In my view, the category "content discrimi- nation" is better considered in many contexts, including here, as a rule of thumb, rather than as an automatic "strict scrutiny" trigger, leading to almost certain legal condemnation. To use content discrimination to trigger strict scrutiny sometimes makes perfect sense. There are cases in which the Court has found content discrimination an unconstitu- tional method for suppressing a viewpoint. E.g., Rosen- berger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 828-829 (1995); see also Boos v. Barry, 485 U. S. 312, 318- 319 (1988) (plurality opinion) (applying strict scrutiny where the line between subject matter and viewpoint was not obvious). And there are cases where the Court has found content discrimination to reveal that rules govern- ing a traditional public forum are, in fact, not a neutral way of fairly managing the forum in the interest of all AITACNMEMT 2 P232 2 REED v. TOWN OF GILBERT BREYER, J., concurring in judgment speakers. Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972) ("Once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of what they intend to say"). In these types of cases, strict scru- tiny is often appropriate, and content discrimination has thus served a useful purpose. But content discrimination, while helping courts to identify unconstitutional suppression of expression, can- not and should not always trigger strict scrutiny. To say that it is not an automatic "strict scrutiny" trigger is not to argue against that concept's use. I readily concede, for example, that content discrimination, as a conceptual tool, can sometimes reveal weaknesses in the government's rationale for a rule that limits speech. If, for example, a city looks to litter prevention as the rationale for a prohi- bition against placing newsracks dispensing free adver- tisements on public property, why does it exempt other newsracks causing similar litter? Cf. Cincinnati v. Dis- covery Network, Inc., 507 U. S. 410 (1993). 1 also concede that, whenever government disfavors one kind of speech, it places that speech at a disadvantage, potentially inter- fering with the free marketplace of ideas and with an individual's ability to express thoughts and ideas that can help that individual determine the kind of society in which he wishes to live, help shape that society, and help define his place within it. Nonetheless, in these latter instances to use the pres- ence of content discrimination automatically to trigger strict scrutiny and thereby call into play a strong pre- sumption against constitutionality goes too far. That is because virtually all government activities involve speech, many of which involve the regulation of speech. Regula- tory programs almost always require content discrimination. And to hold that such content discrimination triggers strict scrutiny is to write a recipe for judicial management ATTAC14MENT 2 P233 Cite as: 576 U S. _ (2015) BREYER, J., concurring in judgment of ordinary government regulatory activity. Consider a few examples of speech regulated by gov- ernment that inevitably involve content discrimination, but where a strong presumption against constitutionality has no place. Consider governmental regulation of securi- ties, e.g., 15 U. S. C. §781 (requirements for content that must be included in a registration statement); of energy conservation labeling -practices, e.g., 42 U. S. C. §6294 (requirements for content that must be included on labels of certain consumer electronics); of prescription drugs, e.g., 21 U. S. C. §353(b)(4)(A) (requiring a prescription drug label to bear the symbol "Rx only"); of doctor -patient confi- dentiality,, e.g., 38 U. S. C. §7332 (requiring confidentiality of certain medical records, but allowing a physician to disclose that the patient has HIV to the patient's spouse or sexual partner); of income tax statements, e.g., 26 U. S. C. §6039F (requiring taxpayers to furnish information about foreign gifts received if the aggregate amount exceeds $10,000); of commercial airplane briefings, e.g., 14 CFR §136.7 (2015) (requiring pilots to ensure that each passen- ger has been briefed on flight procedures, such as seatbelt fastening); of signs at petting zoos, e.g., N. Y. Gen. Bus. Law Ann. §399—ff(3) (West Cum. Supp. 2015) (requiring petting zoos to post a sign at every exit "`strongly recom- mend[ing] that persons wash their hands upon exiting the petting zoo area"'); and so on. Nor can the majority avoid the application of strict scrutiny to all sorts of justifiable governmental regulations by relying on this Court's many subcategories and excep- tions to the rule. The Court has said, for example, that we should apply less strict standards to "commercial speech." Central Hudson Gas & Elec. Corp. v. Public Service Comm'n of A\ Y., 447 U. S. 557, 562-563 (1980). But I have great concern that many justifiable instances of "content -based" regulation are noncommercial. And, worse than that, the Court has applied the heightened ATTACHMENT 2 P234 REED u. TOWN OF GILBERT BREYER, J., concurring in judgment "strict scrutiny" standard even in cases where the less stringent "commercial speech" standard was appropriate. See Sorrell v. IMS Health Inc., 564 U. S. _, _ (2011) (BREYER, J., dissenting) (slip op., at _ ). The Court has also said that "government speech" escapes First Amend- ment strictures. See Rust, v. Sullivan, 500 U. S. 173, 193- 194 (1991). But regulated speech is typically private speech, not government speech. Further, the Court has said that, "[w]hen the basis for the content discrimination consists entirely of the very reason the entire class of speech at issue is proscribable, no significant danger of idea or viewpoint discrimination exists." R. A. V. v. St. Paul, 505 U. S. 377, 388 (1992). But this exception accounts for only a few of the instances in which content discrimination is readily justifiable. I recognize that the Court could escape the problem by watering down the force of the presumption against con- stitutionality that "strict scrutiny" normally carries with it. But, in my view, doing so will weaken the First Amendment's protection in instances where "strict scru- tiny" should apply in full force. The better approach is to generally treat content dis- crimination as a strong reason weighing against the con- stitutionality of a rule where a traditional public forum, or where viewpoint discrimination, is threatened, but else- where treat it as a rule of thumb, finding it a helpful, but not determinative legal tool, in an appropriate case, to determine the strength of a justification. I would use content discrimination as a supplement to a more basic analysis, which, tracking most of our First Amendment cases, asks whether the regulation at issue works harm to First Amendment interests that is disproportionate in light of the relevant regulatory objectives. Answering this question requires examining the seriousness of the harm to speech, the importance of the countervailing objectives, the extent to which the law will achieve those objectives, ATTACHMENT 2 P235 Cite as: 576 U. S _ (2015) BREYER, J., concurring in judgment and whether there are other, less restrictive ways of doing so. See, e.g., United States v. Alvarez, 567 U. S. (2012) (BREYER, J., concurring in judgment) (slip op., at 1-3); Nixon v. Shrink Missouri Government PAC, 528 U. S. 377, 400-403 (2000) (BREYER, J., concurring). Ad- mittedly, this approach does not have the simplicity of a mechanical use of categories. But it does permit the gov- ernment to regulate speech in numerous instances where the voters have authorized the government to regulate and where courts should hesitate to substitute judicial judgment for that of administrators. Here, regulation of signage along the roadside, for pur- poses of safety and beautification is at issue. There is no traditional public forum nor do I find any general effort to censor a particular viewpoint. Consequently, the specific regulation at issue does not warrant "strict scrutiny." Nonetheless, for the reasons that JUSTICE KAGAN sets forth, I believe that the Town of Gilbert's regulatory rules violate the First Amendment. I consequently concur in the Court's judgment only. ATTACHMENT 2 P236 Cite as: 576 U. S. _ (2015) KAGAN, J_, concurring in judgment SUPREME COURT OF THE UNITED STATES No. 13-502 CLYDE REED, ET AL., PETITIONERS v. TOWN OF GILBERT, ARIZONA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 18, 2015] JUSTICE KAGAN, with whom JUSTICE GINSBURG and JUSTICE BREYER join, concurring in the judgment. Countless cities and towns across America have adopted ordinances regulating the posting of signs, while exempt- ing certain categories of signs based on their subject mat- ter. For example, some municipalities generally prohibit illuminated signs in residential neighborhoods, but lift that ban for signs that identify the address of a home or the name of its owner or occupant. See, e.g., City of Truth or Consequences, N. M., Code of Ordinances, ch. 16, Art. XIII, §§11-13-2.3, 11-13-2.9(H)(4) (2014). In other mu- nicipalities, safety signs such as "Blind Pedestrian Cross- ing" and "Hidden Driveway" can be posted without a permit, even as other permanent signs require one. See, e.g., Code of Athens -Clarke County, Ga., Pt. III, §7-4-7(1) (1993). Elsewhere, historic site markers for example, "George Washington Slept Here"—are also exempt from general regulations. See, e.g., Dover, Del., Code of Ordi- nances, Pt. II, App. B, Art. 5, §4.5(F) (2012). And simi- larly, the federal Highway Beautification Act limits signs along interstate highways unless, for instance, they direct travelers to "scenic and historical attractions" or advertise free coffee. See 23 U. S. C. §§131(b), (c)(1), (c)(5). Given the Court's analysis, many sign ordinances of that kind are now in jeopardy. See ante, at 14 (acknowledging ATTACHMENT 2 P237 REED u. TOWN OF GILBERT KAGAN, J., concurring in judgment that "entirely reasonable" sign laws "will sometimes be struck down" under its approach (internal quotation marks omitted)). Says the majority: When laws "single[] out specific subject matter," they are "facially content based"; and when they are facially content based, they are automatically subject to strict scrutiny. Ante, at 12, 16- 17. And although the majority holds out hope that some sign laws with subject -matter exemptions "might survive" that stringent review, ante, at 17, the likelihood is that most will be struck down. After all, it is the "rare case[] in which a speech restriction withstands strict scrutiny." Williams-Yulee v. Florida Bar, 575 U. S. _, _ (2015) (slip op., at 9). To clear that high bar, the government must show that a content -based distinction "is necessary to serve a compelling state interest and is narrowly drawn to achieve that end." Arkansas Writers' Project, Inc. v. Ragland, 481 U. S. 221, 231 (1987). So on the majority's view, courts would have to determine that a town has a compelling interest in informing passersby where George Washington slept. And likewise, courts would have to find that a town has no other way to prevent hidden -driveway mishaps than by specially treating hidden -driveway signs. (Well-placed speed bumps? Lower speed limits? Or how about just a ban on hidden driveways?) The conse= quence—unless courts water down strict scrutiny to some- thing unrecognizable—is that our communities will find themselves in an unenviable bind: They will have to either repeal the exemptions that allow for helpful signs on streets and sidewalks, or else lift their sign restrictions altogether and resign themselves to the resulting clutter.* *Even in trying (commendably) to limit today's decision, JUSTICE ALITO's concurrence highlights its far-reaching effects. According to JUSTICE ALITO, the majority does not subject to strict scrutiny regula- tions of "signs advertising a one-time event" Ante, at 2 (ALITO, J., concurring). But of course it does. On the majority's view, a law with an exception for such signs "singles out specific subject matter for ATTACHMENT 2 P238 Cite as: 576 U. S. _ (2015) KAGAN, J., concurring in judgment Although the majority insists that applying strict scru- tiny to all such ordinances is "essential" to protecting First Amendment freedoms, ante, at 14, I find it challenging to understand why that is so. This Court's decisions articu- late two important and related reasons for subjecting content -based speech regulations to the most exacting standard of review. The first is "to preserve an uninhib- ited marketplace of ideas in which truth will ultimately prevail." McCullen v. Coakley, 573 U. S. _, (2014) (slip op., at 8-9) (internal quotation marks omit- ted). The second is to ensure that the government has not regulated speech "based on hostility—or favoritism— towards the underlying message expressed." R. A. V. v. St. Paul, 505 U. S. 377, 386 (1992). Yet the subject -matter exemptions included in many sign ordinances do not im- plicate those concerns. Allowing residents, say, to install a light bulb over "name and address" signs but no others does not distort the marketplace of ideas. Nor does that different treatment give rise to an inference of impermis- sible government motive. We apply strict scrutiny to facially content -based regu- lations of speech, in keeping with the rationales just de- scribed, when there is any "realistic possibility that official suppression of ideas is afoot." Davenport v. Washington Ed. Assn., 551 U. S. 177, 189 (2007) (quoting R. A. V., 505 U. S., at 390). That is always the case when the regula- tion facially differentiates on the basis of viewpoint. See Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 829 (1995). It is also the case (except in non- public or limited public forums) when a law restricts "dis- cussion of an entire topic" in public debate. Consolidated differential treatment" and "defm[es] regulated speech by particular subject matter." Ante, at 6, 12 (majority opinion). Indeed, the precise reason the majority applies strict scrutiny here is that "the Code singles out signs bearing a particular message: the time and location of a specific event" Ante, at 14. ATTACHMENT 2 P239 REED v. TOWN OF GILBERT KAGAN, J., concurring in judgment Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y., 447 U. S. 530, 537, 539-540 (1980) (invalidating a limitation on speech about nuclear power). We have stated that "[i]f the marketplace of ideas is to remain free and open, gov- ernments must not be allowed to choose `which issues are worth discussing or debating."' Id., at 537-538 (quoting Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972)). And we have recognized that such subject -matter re- strictions, even though viewpoint -neutral on their face, may "suggest[] an attempt to give one side of a debatable public question an advantage in expressing its views to the people." First Nat. Bank of Boston v. Bellotti, 435 U. S. 765, 785 (1978); accord, ante, at 1 (ALITO, J., concur- ring) (limiting all speech on one topic "favors those who do not want to disturb the status quo"). Subject -matter regulation, in other words, may have the intent or effect of favoring some ideas over others. When that is realistically possible—when the restriction "raises the specter that the Government may effectively drive certain ideas or view- points from the marketplace"—we insist that the law pass the most demanding constitutional test. R. A. V., 505 U. S., at 387 (quoting Simon & Schuster, Inc. v. Members of N. Y. State Crime Victims Bd., 502 U. S. 105, 116 (1991)). But when that is not realistically possible, we may do well to relax our guard so that "entirely reasonable" laws imperiled by strict scrutiny can survive. Ante, at 14. This point is by no means new. Our concern with content - based regulation arises from the fear that the government will skew the public's debate of ideas—so when "that risk is inconsequential, ... strict scrutiny is unwarranted." Davenport, 551 U. S., at 188; see R. A. V., 505 U. S., at 388 (approving certain content -based distinctions when there is "no significant danger of idea or viewpoint discrimina- tion"). To do its intended work, of course, the category of content -based regulation triggering strict scrutiny must ATTACHMENT 2 P240 Cite as: 576 U S. _ (2015) KAGAN, J., concurring in judgment sweep more broadly than the actual harm; that category exists to create a buffer zone guaranteeing that the gov- ernment cannot favor or disfavor certain viewpoints. But that buffer zone need not extend forever. We can adminis- ter our content -regulation doctrine with a dose of common sense, so as to leave standing laws that in no way impli- cate its intended function. And indeed we have done just that: Our cases have been far less rigid than the majority admits in applying strict scrutiny to facially content -based laws—including in cases just like this one. See Davenport, 551 U. S., at 188 (noting that "we have identified numerous situations in which [the) risk" attached to content -based laws is "attenuated"). In Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U. S. 789 (1984), the Court declined to apply strict scrutiny to a 'municipal ordinance that exempted address numbers and markers commemorating "historical, cultural, or artistic event[s]" from a generally applicable limit on sidewalk signs. Id., at 792, n. 1 (listing exemp- tions); see id., at 804-810 (upholding ordinance under intermediate scrutiny). After all, we explained, the law's enactment and enforcement revealed "not even a hint of bias or censorship." Id., at 804; see also Renton v. Play- time Theatres, Inc., 475 U. S. 41, 48 (1986) (applying intermediate scrutiny to a zoning law that facially distin- guished among movie theaters based on content because it was "designed to prevent crime, protect the city's retail trade, [and] maintain property values .... not to suppress the expression of unpopular views"). And another decision involving a similar law provides an alternative model. In City of Ladue v. Gilleo, 512 U. S. 43 (1994), the Court assumed arguendo that a sign ordinance's exceptions for address signs, safety signs, and for -sale signs in residen- tial areas did not trigger strict scrutiny. See id., at 46-47, and n. 6 (listing exemptions); id., at 53 (noting this as- sumption). We did not need to, and so did not, decide the ATTACHMEr 2 P241 REED u. TOWN OF GILBERT KAcA-N, J., concurring in judgment level -of -scrutiny question because the law's breadth made it unconstitutional under any standard. The majority could easily have taken Ladue's tack here. The Town of Gilbert's defense of its sign ordinance—most notably, the law's distinctions between directional signs and others—does not pass strict scrutiny, or intermediate scrutiny, or even the laugh test. See ante, at 14-15 (dis- cussing those distinctions). The Town, for example, pro- vides no reason at all for prohibiting more than four direc- tional signs on a property while placing no limits on the number of other types of signs. See Gilbert, Ariz., Land Development Code, ch. I, §§4.402(J), (P)(2) (2014). Simi- larly, the Town offers no coherent justification for restrict- ing the size of directional signs to 6 square feet while allowing other signs to reach 20 square feet. See §§4.402(J), (P)(1). The best the Town could come up with at oral argument was that directional signs "need to be smaller because they need to guide travelers along a route " Tr. of Oral Arg. 40. Why exactly a smaller sign better helps travelers get to where they are going is left a mystery. The absence of any sensible basis for these and other distinctions dooms the Town's ordinance under even the intermediate scrutiny that the Court typically applies to "time, place, or manner" speech regulations. Accordingly, there is no need to decide in this case whether strict scru- tiny applies to every sign ordinance in every town across this country containing a subject -matter exemption. I suspect this Court and others will regret the majority's insistence today on answering that question in the affirm- ative. As the years go by, courts will discover that thou- sands of towns have such ordinances, many of them "en- tirely reasonable." Ante, at 14. And as the challenges to them mount, courts will have to invalidate one after the other. ('Phis Court may soon find itself a veritable Su- preme Board of Sign Review.) And courts will strike down those democratically enacted local laws even though no ATTACHMENT 2 P242 Cite as: 576 U. S. _ (2015) KAGAN, J_, concurring in judgment one—certainly not the majority—has ever explained why the vindication of First Amendment values requires that result. Because I see no reason why such an easy case calls for us to cast a constitutional pall on reasonable regulations quite unlike the law before us, I concur only in the judgment. ATTACHMENT 14. 10:39 a.m. B. None believed that they would continue to take people away I-95 hotels and into the Vero Beach and Sebastian areas - ON MOTION by Vice Chairman Fles , SECONDED by Chairman Solari, the Board una ' ously directed staff to research Indian River County provide a report that would show: (1) where hotels wo be appropriate or possible; (2) the existing hotels and t umber of rooms they currently have on the east and we ides of US -1; (3) the most recent estimate of short term tals in the County; and (4) suggestions on how to incre ie number of hotel beds. COMMISSIONERS MATTERS C. Commissioner Wesley S. Davis None D. Commissioner Peter D. O'Bryan 1. Deferred From Meeting of June 21, 2016: Rewrite of County Code Section 956.15 (memorandum dated_June 13, 2016) __ ___________ 137-144 - - - - ------------------------- —__]�, Commissioner O'Bryan provided background and requested the Board to consider_ directing staff to rewrite Section 956.15 Regulations for Temporary Signs Requiring Permits, of the Indian River County Code, which regulates temporary signs. He believed the Supreme Court decision of Reed versus the Town of Gilbert, Arizona made this Section invalid. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Flescher, to direct staff to rewrite Section 956.15 Regulations for Temporary Signs Requiring Permits. Commissioner Zorc sought and received clarification regarding the rules of temporary and permanent signs. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 10:46 2. Update from FAC Annual Conference a.m. (memorandum dated June 29, 2016) 145 - - - ------------------------------------------------------- Commissioner O'Bryan provided an update from the Florida Association of Counties (FAC) Annual Conference. Board of County Commission Minutes Page 11 July 5, 2016 ATTACHMENT 3 P244 June 21, 2016 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 13, 2016 SUBJECT: Rewrite of County Code section 956.15 FROM: Peter O'Bryan Commissioner, District4��`' Request the Board to consider directing staff to rewrite section 956.15 of county codes, "Regulations for temporary signs requiring permits" This section has become invalid due to the Supreme Court decision of Reed v. Town of Gilbert, Arizona. Back up provided , �� G 247 137 SUPREME COURT OF THE UNITED STA REED ET AL. v. TOWN OF GILBERT, ARIZONA, ET AL. No. 13-502. Argued January 12, 2015-- ;! Decided June 18, 2015 A sign regulation that "on its face" considers the message on a sign to determine how it will be regulated is content -based. Justice Thomas emphasized that if a sign regulation content based "on its face" it does n matter that the government did not intend to restrict speech or to flavor some category of speech for benign reasons. 248 138 Justice Thomas's opinion calls into question almost every sign code in this country: Few, If any, codes have no content -based provisions under the rules announced In Reed. The Alito Concurrence "I will not attempt to provide anything like a comprehensive list, but here are some rules that would not be content -based:" AftAC14MENT 3 2 249 139 Rules regulating size "based on any content -neutral criteria, Rules regulating the locations In which signs may be placed URules distinguishing between - "lighted and unlighted signs" "signs with fixed messages and electronic signs with messages that change" Uplacement of signs on pub0c and private property commercial and residential property Regulations o Rules distinguishing between on premises and off -premises signs" o Rules restricting the total number of signs per mile of roadway" o Rules imposing time (restrictions on signs advertising a one-time event, 3 ISO iao ATTACHMENT � Section 956.15. - Regulations for temporary signs requiring permits. ► Code of Ordinances... Page 1 of 4 Section 956.15. - Regulations for temporary signs requiring permits. The requirements of this section apply to temporary signs erected for political campaigns and for special events: For purposes of this section, special event signs are temporary signs announcing special events to be sponsored,by a charitable, educational, or religious institution, or a commercial entity. Said temporary signs shall require issuance of a permit by the code enforcement official, except as otherwise specified herein. Prior to the placement of any of the described temporary signs all relevant provisions of this chapter shall be satisfied. (1) Sign permit required. Except for a free expression sign posted by an owner on his or her property, no temporary political campaign sign or special event sign shall be displayed In the unincorporated area of Indian River County unless a county sign permit has been obtained subject to the provisions of this section. A single overall sign permit may be obtained for placement of more than one (1) temporary sign, including multiple signs displayed as part of a countywide campaign or advertisement of a special event. No more than twenty (20) signs shall be displayed in the unincorporated county for a special event, For political campaigns, there is no limit on the total number of signs displayed in the unincorporated county when such signs are otherwise displayed in compliance with the requirements of this section. (2) Application. The applicant shall submlt a written application on a form to be provided by the code enforcement official which stipulates the conditions under which the temporary sign(s) are being requested. In addition to sign application information required pursuant tole 'on 956.05. the application should Include the following; (a) Nature of the temporary slgn(s). If the temporary sign(s) relate to a special event, include the location of the special event and daily schedule of activities; (b) Duration of special event or campaign. Include dates of commencement and termination of the special event or political campaign; (c) Sign distribution. Include the proposed distribution of signage and such other Information as the county may require to ensure consistency with the spirit, intent, and purpose of this chapter; (d) Responsible agents. Identify the name of the sponsoring entity and principal contacts responsible for erecting and removing signage. (3) t51 https://www2.municode.com/library/fl/indian_river county/Code-5/code of ordinances?nod... 6/1/2016 51 Section 956.15. - Regulations for temporary signs requiring permits, 1 Code of Ordinances.., Page 2 of 4 Duration of sign display restricted. Temporary special event signs may be erected for a period of time not to exceed seven (7) calendar days within any six-month period. Temporarysigns associated with a Temporary Use Permit Issued under County Coded Temporary Uses, may be erected for a period of time concurrent with the timeframe of the approved event. Temporary political campaign signs maybe displayed no more than ninety (90) days prior to the election in which the candidate's name or the issue will appear. Any unopposed candidate in the first primary who will face opposition In the following general election may erect temporary political signs ninety (90) days prior to the first primary, notwithstanding the fact that the candidate's name will not appear on the first primary ballot. (4) remporarysigns in residential districts. Temporary signs for political campaigns or special events are allowed in residential districts, as defined In_ChaRter 901. Definitions, subject to the following provisions: (a) One (1) sign per special event, candidate or issue is allowed per lot or parcel of land. The allowable_ signage shall not exceed nine (9) square feet 01 er sign C> K(b) Signs shall not be Illuminated and shall be freestanding; 0 r(c) Signs shall be located wholly on the private property and shall be placed at least five (5) feet from all rights-of-way and fifteen (15) feet from all other property lines, and shall not exceed five (5) feet in height. (5) Temporary signs in nonresidential districts. Temporary signs for political campaigns or special events are allowed in nonresidential zoning districts subject to the following provisions: (a) One (1) sign per special event, candidate or Issue is allowed per lot or Parcel of land. The allowable signage shall not exceed (16) square feat pr sem; o )Ub) Signs shall be located wholly on the private property and shall be placed at least five (5) feet from any right-of-way and fifteen (15) feet from all other property lines and shall not exceed ten (10) feet in height. (6) Compliance with conditions of sign{s) placement and removal. The applicant shall place signs in a manner consistent with the terns of county sign regulations and remove the same pursuant to the schedule approved as a condition of permit approved. In addition, the applicant shall agree to conditions necessary to ensure that potential issues identified by the county shall be effectively managed in order to promote the public safety, avoid excessive proliferation of signage, and protect the economic and business climate and appearance of the community. Concerning the placement and removal of temporary political campaign and special event signs, the following shall apply. (a) All temporary signs must be removed within five (5) days after the special event or, regarding political campaign signs, after the election in which the candidate is eliminated or elected or after the resolution of the respective issues by referendum; O�L(b) The placement of temporary signs upon any tree, utility pole, or similar 252 https://www2.municode.com/library/fl/indian river county/codes/code of ordinances?nod... 6/1/2016 142 Section 956.15. - Regulations for temporary signs requiring permits. I Code of Ordinances... Page 3 of 4 object is prohibited; p �-(c) The placement of any temporary sign without permission of the owner of the property upon which the sign is placed is prohibited; (d) The placement of any temporary sign in a public or private road right-of- way ightof- way is prohibited; however, the public works department may approve placement of temporary traffic/directional signs within rights-of-way in accordance with subsection_956.11(2xb). For purposes of this regulation, the road right-of-way line shall be deemed to be the edge of sidewalks or utility poles furthest from the road. Where no such structures) are present, the right-of-way line shall be deemed to be twenty (20) feet back from the near edge of roadway pavement or, if unpaved, the near edge of unpaved roadbed surface. (Ord. No. 90-16, § 1, 9.11-90, Ord, No. 95-10, § 22,5-31-95; Ord. No. 98-9, § 3C, 5-19-98; Ord. No. 2012.030, § 4, 7-10-12) Section 956.15.1. - Regulations for active subdivision or real estate development signs. On -premise active subdivision or real estate development signs may be erected subject to compliance with the following conditions in addition to other applicable provisions of the sign ordinance. These signs are not subject to subsection 25 -d (2)(h), "Real Estate For Sale, Lease, or Rental Signs." tait� C>4) Character of sign. Such signs shall not exceed forty-eight (48) square feet (tnc except in single-family residential districts where they shall not exceed twenty- four (24) square feet for model homes and sales offices only. One (1) additional sign may be erected on a site having a street frontage in excess of three hundred (300) feet. Such sign must be located on the premises of the developing project or subdivision, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated. Cj �C (2) Number of signs permitted Only one (1) such sign shall be permitted for each common roadway along the perimeter of the development. Such sign must be located on the premises of the development, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated. 0 (3) Filing of plat and/or site plan. Prior to the erection of such a sign, an approved preliminary plat or a site plan for the development, as applicable, shall be placed on file with the community development department. O (4) Authorization for sign placement. Only the exclusive agent of the developer or owner of the property shall be authorized to place a sign on the property. The property owner's signed authorization consenting to the placement of a sign 33 https://www2.municode.com/library/firndian river county/codes/code_of ordinances?nod... 6/1/'2016 253 Mi"` ACH Eli? P251 Section 956.15. - Regulations for temporary signs requiring permits, i Code of Ordinances... Page 4 of 4 representing an exclusive real estate agent on such premises shall be filed with the community development department prior to the placement of the agent's sign, (5) Time limitation. Active subdivision or real estate development signs shall be removed once fifty (50) percent of the subdivision or development is sold or leased by the developer, (Ord. No. 98.9, § 3D, 5-19-98; Ord. Pio. 2012-030, § 5,7-10-12) https://www2.mimicode.com/library/fi mdian river county/codes/codc_of ordinances?nod... 6/1/2016 2$44 ATTACHMENT 3 Mr. John McCoy, Chief of Current Development, reviewed in or tion regarding the request for site plan approval and gave a PowerPoint sentation, copies of which are on file in the Board of County Commissio s (BCC) Office. He explained that this request is for re -approval of a pro' from 2013, that the 2013 site plan has now expired after three years b at the project proposal is unchanged. He recommended that the Co ssioners grant major site plan approval for The River Preserve with the ditions listed in the staffs report. Applicant Mr. John BI , representing Carter Associates Inc., clarified drainage plans associatto4ith the proposed project. O"OTION BY Mr. Brognano, SECONDED BY Mr. ednour, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Public Hearing Chairman Polackwich read the following into the record: A. Consideration of Proposed Amendments to County Sign Regulations (Land Development Regulations Chapter 901, Definitions, Chapter 956, Sign Regulations, and Chapter 912, Single -Family Development: modification to regulation for temporary signs and various sign definitions. [Legislative] Mr. Roland DeBlois, Chief of Environmental Planning and Code Enforcement, reviewed information regarding the proposed Amendments to the County Sign Regulations and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He explained that the amendments are necessary due to a 2015 Supreme Court ruling regarding sign content and direction for changes given by the Board of County Commissioners in July 2016. Staff is recommending that the Planning and Zoning Commission recommend that the Board of County Commissioners adopt the proposed ordinance amendment. Lengthy discussion followed regarding the proposed revisions, with emphasis on political signs as well as authorized agent signs in subdivisions. Based on the remarks from the Commissioners, Staff agreed to redraft the proposed amendments to address a few specific items discussed and continue this Public Hearing on January 26, 2017. Chairman Polackwich declared that this Public Hearing will be continued to January 26, 2017. PZC/Approved 3 December 8, 2016 F:\BCC\AII CommitteesTU\2016—AGENDAS & MINUTESWC 120816.doc ATTACHMENT 4 P253 ON MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Chairman Polackwich read the following into the B. Lakes at Waterway Village PODS S, T, U: Re est for preliminary PD plan approval for 156 residential units to b nown as The Lakes at Waterway Village PODS S, T, U. DIVOsta omes LP, Owner. Kimley- Horn & Associates, Inc., Agent. Locate just south of 53rd Street and just west of the future 43rd Avenue xtension. Zoning: PD (Planned Developmentlup to 2.29 units per acre). Land Use Designations L-2 (Low Density 2 -Residential up t 6 units per acre). Density: 2.38 units per acre. (PD -16-12-07 / 2004 10124-77813) [Quasi -Judicial] Chairman Polackwich aske5prthe Commissioners to reveal any ex -parte communication with the applic t or any conflict that would not allow them to make an unbiased decision. disclosed that while he was County Attorney, he did work on a couple of m ers concerning this subdivision but that he retained neither hostility nor favor oward the Respondent. The secretary/i6dministered the testimonial oath to those present who wished to speak at night's meeting on this matter. tJvohn cCoy reviewed information regarding the request for preliminary plat apal nd gave a PowerPoint presentation, copies of which are on file in the Board County Commissioners (BCC) Office. He recommended that the Commiss' ners grant preliminary PD pian/plat approval for The Lakes at Wate y Village PODs S, T, U with the conditions listed in the staff's report. ON MOTION BY Dr. Day, SECONDED BY Ms. Waldrop, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Public Hearing Chairman Polackwich read the following into the record: A. CONTINUED: Consideration of Proposed Amendments to County Sign Regulations (Land Development Regulations Chapter 901, Definitions, 13W/Unapproved 4 January 26, 2017 ATTACHMENT 4 P254 Chapter 956, Sign Regulations, and Chapter 912, Single -Family Development: modification to regulation for temporary signs and various sign definitions. [Legislative] Mr. Roland DeBlois, Chief of Environmental Planning and Code Enforcement, reviewed information regarding the proposed amendments to the County Sign Regulations and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He explained that the amendments are necessary due to a 2015 Supreme Court ruling regarding sign content and direction for changes given by the Board of County Commissioners in July 2016. He discussed proposed amendments that were redrafted since the last meeting in response to Commissioner comments. Staff is recommending that the Planning and Zoning Commission recommend that the Board of County Commissioners adopt the proposed ordinance amendments. Discussion followed regarding enforcement procedures as well as the possibility of the drafting of more detailed language in some parts of the proposed amendment. ON MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted unanimously (5-a0) to accept staff recommendations on this Legislative matter. Chairman Polackwich read the following into the record: B. County Initiated Request to Amend (Update) Mixed Usoiicy 5.6 of the Future Land Use Element (FLUE) of the Coun Comprehensive Plan [Legislative] Mr. William Schutt, Senior Economic elopment Planner, discussed the County initiated request to amend the t of Mixed Use Policy 5.6 of the Future Land Use Element (FLUE) of t County's Comprehensive Plan. He first educated the Commission as t e County's process and timeline for processing the proposed amendment nd then detailed the history of the policy and the actual proposed chan s. The proposed amendments intend to accommodate larger project "ma r plan" areas and require a major shared infrastructure that will integrate mercial and residential development with a re -configured Indian River Sta ollege (IRSC) campus. Staff is recommending that the Planning and Zoni Commission recommend that the Board of County Commissioners rove the request to amend Policy 5.6 of the FLUE of the Comprehensive ATTUHMENT PZC/Unapproved 5 January 26, 2017 0 P255 ORDINANCE 2017 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 956, SIGN REGULATIONS, BY AMENDING SECTION 956.11, EXEMPTIONS TO PERMITTING PROCEDURES; BY AMENDING SECTION 956.15, REGULATIONS FOR TEMPORARY SIGNS REQUIRING PERMITS; AND BY AMENDING SECTION 956.15.1, REGULATIONS FOR ACTIVE SUBDMSION OR REAL ESTATE DEVELOPMENT SIGNS; PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BY AMENDING SUBSECTION 912.05(5), GARAGE SALES AND YARD SALES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, Definitions in alphabetical order, of Chapter 901, Definitions, as follows: Sign any writing (including letter, word, or numeral); pictorial representation (including illustration or decoration); emblem (including service mark, symbol, or trademark) except a religious emblem; flag (banner or pennant); any other figure or character or any structure or part thereof on which such writing, pictorial representation, emblem, flag, or other figure or character is installed or placed (except a building to which the same may be attached) which: (a) Is used to inform, attract attention, or advertise; and, (b) Is readily visible from any public place off the premises where the sign is located. Whenever the word "sign" appears in Chapter 956, %as sign regulations, it shall include "advertising structure." In addition, whenever the word "sign" is used it shall include buildings or other structures shaped to resemble in configuration or design a product for sale such as, but not limited to, hot dogs, hamburgers, ice cream cones, shoes, automobiles, or fruit. Sign, A frame a movable sign not secured or attached to the ground as required by Chapter 956, Signs sign regulations. Sign, abandoned (on premises) an on -premises sign identifying an establishment that has not been conducting business at the site on which the sign is located or at the location noted on the sign for a period greater than one hundred eighty (180) days or a sign in a condition of disrepair, set forth in Chapter 956, Signs, sign regulations, of the county land development code. A sign shall not be considered abandoned for businesses which operate on a seasonal basis. Sign, add-on any additional sign area added to a permitted sign prior to obtaining a permit for the additional sign. Sign, animated a sign with physical action or motion or the appearance thereof, using manmade or wind actuated elements, including rotating, oscillating, fluttering, flashing, or swinging signs, Bold Underline: Additions to Ordinance Shike-tlwesglt Deleted Text from Existing Ordinance C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P256 ORDINANCE 2017 - streamers, balloons, or banners, but excluding allowed flags, traditional barber poles, electronic adjustable alternation displays, and time/temperature units. Sign, area of sign the area of the single face side of the sign within a perimeter which forms the outside shape, including any frame forms and integral parts of the display, but excluding the necessary supports, pole covers, or uprights on which the sign may be placed. The copy area of the sign shall be the actual area of the sign copy applied to any background as computed by straight lines drawn closest to copy extremities encompassing individual letters or words. Sign, canopy any sign installed on any ornamental roof -like structure of cloth or otherwise that provides or suggests shelter and projects from a wall or is supported by columns; or any temporary or permanent cover providing shelter or decoration (as over a door or window), including an awning. Sign, changeable copy a sign which has message characters that are not permanently attached to the sign, but which are attached to permit numerous changes of the message on the sign without repainting of any part of the sign or removal of any parts of the sign except the message characters. as, eemplefien date and these engaged in eens4uefien en my building site. This may inelude the iiwelved in said eenstmetion. Sign, directional (off premises) see "billboard." Sign, directional designated a permanent or temporary sign situated so as to guide or direct pedestrians or vehicles to an event or to my publie a building, , or tFftfispeFtatie facility. Sign, double-faced a sign with two (2) faces of generally equal dimensions, parallel to each other, and back to back. A double faced sign shall be considered one sign. Sign, identification a sign which contains no advertising and the message of which is limited to conveying street numbers, the name, address and numbers of the premises, or the name of the owner or occupant of the premises. Sign, facade see "sign, wall." Sign, flashing any sign with a light or lights which flash, blink, change in intensity or otherwise create the illusion of flashing or movement. Sign, freestanding a sign which is supported by one or more columns, uprights, or braces (ground or pole sign) anchored into the ground independent of support from any building, including ground signs and pole signs. Sign, height the vertical distance to the highest point of a sign. Freestanding signs shall be measured from the average natural grade or the minimum flood elevation, whichever is higher. Bold Underline: Additions to Ordinance 2 Slfike-dwougl! Deleted Text from Existing Ordinance C•\Users\GRANIC—l\AppDataUzcal\Temp\BCL Tec1niologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P257 ORDINANCE 2017 - Sign, illuminated a sign which gives forth artificial light or reflects such light from an artificial source. Sign, instructional a sign situated so as to conveyi*g instructions with respect to use of the premises on which it is maintained, such as, but not limited to, exit," entrance,n" parking, no trespassing," "no solicitation," or similar instruction. Sign, memorial a sign, tablet or plaque situated on or near a building so as to indicate iodieating a dedication or the name of the building. o„ d -is eot ::;e c faaseiffy sof&ee o fist .., eted ef metal as pao of the building. Sign, message center any sign that can automatically display words, numerals, and/or characters in a programmed manner. Sign, multiple faced a sign with more than two (2) faces. Sign, nonconforming any sign lawfully existing on the effective date of the sign ordinance, Chapter 956, or an amendment thereto, but which would be prohibited or further restricted under the terms of county land development regulations. Sign, on premises see "sign, point of purchase." Sign, point of purchase (on premises sign) any structure, device, display board, screen, surface or wall, characters, letters, or illustrations placed thereto, thereon, or thereunder by any method or means whatsoever where the matter displayed is used for advertising on the premises, a product or service, actually or actively offered for sale or rent thereon or therein. Sign, pole freestanding sign. > State ef Fiefida, > or- signs adveeating aft issue that will appeaf e , . . y, gefter-al OF speeial eleefieft ballet in the eeunty. Sign, projecting a sign other than a wall sign which is attached to and projects no more than eighteen (18) inches from a structure or building face. Area of a projecting sign is calculated on one face only. Sign, public a sign placed under the authority of duly authorized government officials, including traffic signs, civic signs, legal notices, public safety signs, or signs placed by such authorized officials for the public health, safety, welfare, and convenience. the real upen i, •,.t. the sign isl tarer- rent, sale, lease. Sign, revolving see "animated sign." Sign, roof any outdoor advertising display sign, installed, constructed or maintained above the roof line of any building, excepting allowable signs on a parapet or marquee. Sign, rotating see "sign, animated." Sign, sandwich see "sign, A -frame." Bold Underline: Additions to Ordinance St6ke-Eixenghi Deleted Text from Existing Ordinance C:\Users\GRANIC—I\AppData\Local\Ten,p\BCL Technologies\easyPDF 7\@BCL@08050275\@BCI.@08050275.docx P258 ORDINANCE 2017 - Sign, snipe any sign placed on any tree, utility pole, or similar object. Also, any sign installed without permission of the owner of the property where the sign is placed. Sig"; speeial 0+"� a sign that ealls affefffien te a bitsiffess gFMd e event F me, Sign, swinging any sign installed by any means which allows the sign to swing back and forth by wind action. Sign, temporary any sign intended to be displayed for a limited period of time only, usually for less than one year. Sign, time and temperature a display containing illuminated numerals flashing alternately to show the time and/or temperature. Sign, trailer any sign installed on a portable frame or structure with wheels other than a motor vehicle and excluding commercial trailers used in support of a commercial hauling, lawn mowing, land clearing, or similar mobile commercial service. Sign, under canopy any sign hung under a canopy. Sign, Yee -shaped any sign which has two (2) faces which are not parallel. Sign, vehicular a sign affixed to or painted on a transportation vehicle or trailer, for the purpose of business advertising; however, not including signs affixed to vehicles or trailers for identification purposes. Sign, wall (facade sign) any sign installed parallel to and flush against the exterior wall of a building, supported by the building and which has only one advertising surface. Sign, wall area that background area upon which the copy area is placed. Where the copy area is attached to the wall of a building, the wall shall not be construed to be the background area of the sign unless it is an integral part of the sign. Sign, window any sign placed on the inside or outside of any window of any building or door which is visible from any public right-of-way. This does not include merchandise on display. SECTION #2: Amend LDR Section 956.11, Exemptions to permitting procedures, of Chapter 956, Sign Regulations, as follows: Section 956.11. Exemptions to permitting procedures (1) Provisions regulating exempted signs. The following types of signs do not require a permit provided the sign shall: Comply with applicable requirements in the zoning district where placed; comply with other provisions in this subsection; and be consistent with the spirit, intent and purpose of this chapter. All sign copy shall be considered exempt from the provisions of this chapter. This chapter shall not apply when state or federal regulation requires other specific posting standards. Bold Underline: Additions to Ordinance 4 She-tlkFeugh! Deleted Text from Existing Ordinance C:\Users\GRANIC—l\AppDataU_ocal\Temp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P259 ORDINANCE 2017- (2) Signs exempted from permitting procedure. (a) Identification signs. Exempted signage shall includeiafiidentifyinging enly the name & not exceed two (2) square feet for a single-family residential structure or four (4) square feet for a multiple -family, nonresidential, or mixed use structure. (b) A}1;hei:ioed agents of the state,, -federal ge Reiiai:oat-eF private dcv eivpmeat the publie safety andwelfare. Sueh- sig � 1. it n _ _,_ _ til _ � _ _ , �n�iid3s-t-vrapr9—To�t't#H*C—�Lit$@f!�@s-^v rrsl'i2 )4,,. ual of r Rif fm T a ffi G + l n Signs required by law. Signs such as traffic regulatory signs that are required by law. (c) Instructional signs. Instructional signs not to exceed one (1) square foot for residential uses and four (4) square feet for nonresidential uses. (d) Memorial signs. (e) Window signs. Except in residential zoning districts, a temporary window sign or signs having a total area not exceeding twenty (20) percent of each window, calculated separately for each window. (f) Gasoline and fuel pricing signs. Gasoline and fuel pricing signs shall be exempt when required by law to be posted. The size of such signs shall not exceed the dimensions specified in appropriate federal regulations. (g) No smoking signs. (h) Temporary signs of limited geographic scone and number.,Temporary signs of limited geographic scone and number that meet the following criteria do not require a permit Typical signs in this category include garage sale signs and real estate for sale or lease signs. Temporary signs broader in geographic scone and number shall reauire a temporary sign permit as set forth in section 956.15 of this chanter. Real es•a* r ,. tiak-. . 1. Number of signs. One (1) temporary on -premises sign per street frontage 9&ei4isia lease,the sale, may be placed on the property advef4ised in any zoning district. One (1) additional sign may be placed where the street frontage exceeds three hundred (300) linear feet along a common road right-of-way. 2. Area requirements. Said temnorary signs shall not exceed four (4) square feet for single-family residential uses, six (6) square feet for multiple -family or institutional uses, and sixteen (16) square feet for commercial or industrial sites. 3. Required setbacks. Said temporary signs shall be located outside rights-of-way within the applicant's property lines and shall have a ten -foot setback from all other adjacent property lines, excepting adjacent road rights-of-way from which no setback is required. 4. Height requirements. Residential or institutional real-estate temporary signs shall not exceed five (5) feet in height. Commercial or industrial 1 *igas .11,...,abje real _state a _cete y temporary signs shall not be placed within the road right-of-way, and shall not exceed the height restrictions as set forth in Table 1 of this chapter. Bold Underline: Additions to Ordinance 5 S uet gh! Deleted Text from Existing Ordinance C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\casyPDF 7\@BCL@08050275\@BCL4@08050275.docx P260 ORDINANCE 2017- 65. Additional regulations }( Two (2) additional off -premises open house temporary signs, such as open house or garage sale signs, not to exceed four (4) square feet each may be placed peF epex-kouse within road right-of-way; however, no more than two (2) such signs may be placed per intersection. Such signs may be located within a road right-of- way, provided the sign is: a. Located at least eight (8) feet from the edge of any roadway or intersecting driveway; b. Constructed as a break away sign; and c. No more than three (3) feet above the crown of the adjacent road, measured to the top of the sign. All open-keuse temporary signs posted under this section shall be placed only when the property that is the subiect of the sign direction is actually open for inspection or visitation by the public and shall be displayed only between the hours of S=AA-e,. 6:00 a.m. and 7:00 p.m. For any residential site open for inspection or visitation by the public, temporary signs allowed under this section shall be displayed for a Period not exceeding twenty four (24) days during any calendar year mid-sigl3s shall be limitedto the wefds "open house," "Open fef ii38peetioa," Af 9msimilaf words er- phmses. Bold Underline- Additions to Ordinance SfF&e 41weuglr Deleted Text from Existing Ordinance C:\Users\GRANIC—I WppData\i,ocal\Temp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P261 MSMIrm • • _ _ s • Bold Underline- Additions to Ordinance SfF&e 41weuglr Deleted Text from Existing Ordinance C:\Users\GRANIC—I WppData\i,ocal\Temp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P261 ORDINANCE 2017- 96. No illumination. Real -estate -fef sale, 'ease, fewal Temporary signs Posted under the criteria of this section shall not be illuminated in _ sidenfi lly desig eAed (i) Flags. The flag of the United States of America, flags of other nations, states, counties, cities, veteran and civic organizations, schools and public and non-profit private institutions. (j) Non-commercial decorative art. Decorative or architectural features which are an integral element of a building or works of art so long as such features do not contain letters, trademarks, moving parts, exhibit merchandise for sale on premises, and do not contain lights. Religious emblems shall be construed as being non-commercial decorative art and shall be exempt from this chapter. (k) Holiday decorations &igns•. Holiday signs and decorations that are clearly incidental to and customarily associated with any national, local, or religious holiday observance. (1) Garage sake sifflts. One (1) en pfe i - - sale sign per- stfeet ftefflage may be displayed between the hevFs of 6.00 a.m. and 9.00 p.m. 4he sign shall not e*eeed few (4) squafe feet - Said sips shall be lees4ed eutside fi� ef way, within pr-epeoy lines, and shall Maintai ten feet setbaek fFem all other- adjoeent pfepefty h g the read right of way whi t, thcict isi•�rr�a :��0. 3. No mefe then dwee (3) feet in height messwed fiem the ef:ewa ef the adjaeeat read; p.fa.-,eftd No on or- off pr-efnises gaffige sale signs shall be displayed feF a period emeeeding thfee eenseeetive days and shall net be displayed for. mer -e them a teta! ef niffe (9) days dt*ift-a (ff4)Temporary gems me#ion signs on construction sites. Temporary eeas4uefien signs on construction sites may be erected upon issuance of a site construction building permit €eithe -stg�estpfe�eet subject to compliance with the following conditions: 1. Character of sign. A eenstme Such temporary sign shall not exceed a cumulative area of sixteen (16) square feet, and no more than three (3) such signs per premises shall be permitted. Such sign(s) shall not be illuminated. These signs must be located on the A developing premises, at least five (5) feet from all rights-of-way and easements, and at least twenty (20) ten 10 feet from other property lines. Such temporary Eeas#ttetie r signs are otherwise subject to the regulations applicable to the district where erected. Fent •�7 Such temporary signs shall otherwise comply with provisions of this chapter. Bold Underline: Additions to Ordinance 7 8"ee Are"hi Deleted Text from Existing Ordinance C:\Users\GRANIC—I\AppData\L.ocal\Tetnp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P262 ORDINANCE 2017- 2. Timing of removal. Any eenstmetien such temporary sign shall be removed prior to the issuance of a final certificate of occupancy. (em)Change of copy. (en)Right-of-way acquisitions. Signs located within recently acquired rights-of-way may be relocated without obtaining a permit. (po) Carried sign. A sign that is carried or held by a person on private property or on a public sidewalk. (qW F-. �c ""'- '�'- On -premises yard or window sign. A—An on -premises yard or window sign related to any non-commercial message that is otherwise lawful, subject to the following conditions: 1. In residential zoning districts, such signs shall either be freestanding or window signs. If displayed as a freestanding sign, such sign shall be no more than nine (9) square feet in area and shall not exceed five (5) feet in height. Each window sign shall be no more than two (2) square feet in area and the cumulative area of all window signs shall be no more than twenty (20) percent of the total area of each window. Such signs shall not be illuminated. "eel a°'�--a During periods of election, from the day after the deadline for gualifyine for elective office to five (5) days after the election, one (1) additional sten per lot or parcel of land shall be allowed for a temporary event For purposes of this section, a candidate, issue or topic on an election ballot shall each constitute a temporary event. For a lot or parcel of land that has more than three hundred (300) feet of frontage on a collector or arterial road, two (2) additional signs shall be allowed for each temporary event during periods of election 2. In non-residential zoning districts, such signs shall either be freestanding or window signs. If displayed as a freestanding sign, such sign shall be no more than sixteen (16) square feet in area and shall not exceed ten (10) feet in height. Each window sign shall be no more than four (4) square feet in area and the cumulative area of all window signs shall be no more than twenty (20) percent of the total area of each window. Such signs shall not be illuminated. nllewed per- lot eF pefeel ef land. During periods of election, from the day after the deadline for nualifyine for elective office to five (5) days after the election, one (1) additional sign per lot or parcel of land shall be allowed for a temporary event For purposes of this section, a candidate, issue or tonic on an election ballot shall each constitute a temporary event. For a lot or parcel of land that has more than three hundred (300) feet of frontage on a collector or arterial road, two (2) additional signs shall be allowed for each temporary event during periods of election 3. Such ffee eXffessi signsheld oft ft publie sidewalk-, shall be located wholly on private property with the prior consent of the property owner or lawful occupant of the property. Such signs, when freestanding, shall be at least five (5) feet from all public rights-of-way. SECTION #3: Bold Underline: Additions to Ordinance 8 SWEe !hFough! Deleted Text from Existing Ordinance C•\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P263 ORDINANCE 2017 - Amend LDR Section 956.15, Regulations for temporary signs requiring permits, of Chapter 956, Sign Regulations, as follows: Section 956.15. Regulations for temporary signs requiring permits. The requirements of this section apply to temporary signs erected off -premises €e- pelitieal ead r r. speeial „- a fits that are broader in geographic scope and number than temporary signs exempt from permitting under subsection 956.11(2)(h) of this chanter. For purposes of this section, speeial eve tempefafy such temporary signs are posted countywide typically for election campaigns or announcing other temporary speeial events, such as fairs, shows, concerts, grand openings, or seasonal sales. to be spe- ser -ed by a ehe fitable A-' ffA-M- """' "'lige"" inqtitl4siea, or- a eemmemial efffity. Said temporary signs shall require issuance of a permit by the code enforcement official, except as otherwise specified herein. Prior to the placement of any of the described temporary signs all relevant provisions of this chapter shall be satisfied. (1) Sign permit required. Except for a an on -premises yard or window €gee-ee351e0 sign posted by an owner on his or her property meeting the criteria of subsection 956.11(2)(1) or exempt signs meeting the criteria of subsection 95611(21(h)no temporary pelitieal sign shall be displayed in the unincorporated area of Indian River County unless a county sign permit has been obtained subject to the provisions of this section. A single overall sign permit may be obtained for placement of more than one (1) temporary sign, including multiple signs displayed as part of a countywide campaign or advertisement of a speeial temporary event. No more than twenty (20) signs shall be displayed in the unincorporated county_ f - a speeial ,.yen He limit rata the total mbe-ef b displayed • - th d .. toen >+ signs aFe ,. uv displayed see -en. (2) Application. The applicant shall submit a written application on a form to be provided by the code enforcement official which stipulates the conditions under which the temporary sign(s) are being requested. In addition to sign application information required pursuant to section 956.05, the application should include the following: lea#rreP►f the tempeFffy aib/l if t YJ , / t. 1 t o Y J l vi"'i the 1.. atio of the speeial event d daily '1 1, a 1 of a (ab) Duration of the speeial temporary event �. Include dates of commencement and termination of the special event or election (be) Sign distribution. Include the proposed distribution of signage and such other information as the county may require to ensure consistency with the spirit, intent, and purpose of this chapter; (cd) Responsible agents. Identify the name of the sponsoring entity and principal contacts responsible for erecting and removing signage. (3) Duration of sign display restricted.b � a r Y J speeialeveat ib Temporary signs asseeimed with a Temper-afy Use Peffnit issued wider- �.Rwnty Code Chaptef 972, Temper-afyT T���, may be erected for a period of time concurrent with the timeframe of the Bold Underline: Additions to Ordinance 9 Spike -duvet& Deleted Text from Existing Ordinance C•\Users\GRANIC—l\AppData\L.ocal\Temp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P264 ORDINANCE 2017 - approved event. If the temporary event relates to any election, the event period shall be considered the day after the deadline for gualifying for elective office to five (5) days after the election. Tefapeffwy pelitieal be displayed __ ___ ninety (90) days pfief te the eleetien in-m4hieph al�eandidafe's name er- the issue will appeaf-. primary balle4- (4) Temporary signs in residential zonin districts. Temporary signs for pe al e speeial temporary events are allowed in residential districts, as defined in Chapter 901, Definitions, subject to the following provisions: (a) One (1) sign per special temporary event, eandideAe e- :..sue is allowed per lot or parcel of land. The allowable signage shall not exceed nine (9) square feet per sign; (b) Signs shall not be illuminated and shall be freestanding; (c) Signs shall be located wholly on the private property and shall be placed at least five (5) feet from all rights-of-way and fifteen (15) feet from all other property lines, and shall not exceed five (5) feet in height. (5) Temporary signs in nonresidential zoning districts. Temporary signs for pelitieelea or-speeial temporary events are allowed in nonresidential zoning districts subject to the following provisions: (a) One (1) sign per speeial temporary event, eandidate of issue is allowed per lot or parcel of land. The allowable signage shall not exceed (16) square feet per sign; (b) Signs shall be located wholly on the private property and shall be placed at least five (5) feet from any right-of-way and fifteen (15) feet from all other property lines and shall not exceed ten (10) feet in height. (6) Compliance with conditions of sign(s) placement and removal. The applicant shall place signs in a manner consistent with the terms of county sign regulations and remove the same pursuant to the schedule approved as a condition of permit approved. In addition, the applicant shall agree to conditions necessary to ensure that potential issues identified by the county shall be effectively managed in order to promote the public safety, avoid excessive proliferation of signage, and protect the economic and business climate and appearance of the community. Concerning the placement and removal of temporary speeial event signs, the following shall apply: (a) All temporary signs must be removed within five (5) days after the speed event or r g ges;-after- the Pleetien in whieh the eaadidste-is (b) The placement of temporary signs upon any tree, utility pole, or similar object is prohibited; (c) The placement of any temporary sign without permission of the owner of the property upon which the sign is placed is prohibited; Bold Underline: Additions to Ordinance 10 Strike-threogh! Deleted Text from Existing Ordinance C:\Users\GRANIC-1\AppData\Local\Tetnp\BCL Technologies\casyPDF 7\@BCL@08050275\@BCL@08050275.docx P265 ORDINANCE 2017- (d) The placement of any temporary sign in a public or private road right-of-way is prohibited; however, the public works department may approve placement of temporary traffic/directional signs within rights-of-way in accordance with subsection 956.11(2)(b). For purposes of this regulation, the road right-of-way line shall be deemed to be the edge of sidewalks or utility poles furthest from the road. Where no such structure(s) are present, the right-of-way line shall be deemed to be twenty (20) feet back from the near edge of roadway pavement or, if unpaved, the near edge of unpaved roadbed surface. SECTION #4: Amend LDR Section 956.15.1, Regulations of active subdivisions or real estate development signs, of Chapter 956, Sign Regulations, as follows: Section 956.15.1. Regulations for active subdivision or real estate development sig*s. On -premise active subdivision or real estate development may have signs may be erected subject to compliance with the following conditions in addition to other applicable provisions of the sign ordinance. For purposes of this section, an active subdivision or real estate development is a subdivision or development with an approved proiect site plan or final plat for development that received county approval within the past three (3) vears 'I'13es stibj t to sAseefien-956�(� F , "Real eerSal Lease,Rental � �.b..� (1) Character of sign. Such signs shall not exceed forty-eight (48) square feet except in single- family residential districts where they shall not exceed twenty-four (24) square feet for model homes and sales offices only. One (1) additional sign may be erected on a site having a street frontage in excess of three hundred (300) feet. Such sign must be located on the premises of the developing project or subdivision, at least five (5) feet from all rights-of- way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated. (2) Number of signs permitted. Only one (1) such sign per each authorized agent of the developer or owner (including builder) of ten (10) lots or more within the development, plus one additional sign for an authorized agent of fewer than ten (10) lots within the development, shall be permitted for each common roadway along the perimeter of the development. Such sign must be located on the premises of the development, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated. (3) Filing of plat and/or site plan. Prior to the erection of such a sign, an approved preliminary plat or a site plan for the development, as applicable, shall be placed on file with the community development department. (4) Authorization for sign placement. Only the exclusive agent of the developer or owner of the property shall be authorized to place a sign on the property. The property owner's signed authorization consenting to the placement of a sign representing an exclusive real estate agent on such premises shall be filed with the community development department prior to the placement of the agent's sign. Bold Underline: Additions to Ordinance 11 Deleted Text from Existing Ordinance C:\Users\GRANIC--I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL4@08050275.docx P266 ORDINANCE 2017- (5) Time limitation. Si ns shall be retrieved displayed no longer than three (3) years after county approval of the proiect site plan (or similar development plan) or final plat for the development, or until the last unit is under contract for sale, whichever occurs first ^r,ee 1GA; (5^) per-eefft of the tea' ' si SECTION #5: Amend LDR Section 912.05(5), Garage sales and yard sales, of Chapter 912, Single -Family Development, as follows: (5) Garage sales and yard sales. Garage sales and yard sales are allowed to be conducted from any residence, with the following restrictions: (A) No sale shall be conducted for more than three (3) consecutive days; (B) No more than three (3) sales may be conducted from any residence or site in any given calendar year; and (C) Garage sale signs are allowed only as specified herein. The number, size, location, and other characteristics of garage sale or yard sale signs are as follows: 1. One on -premises garage sale sign per street frontage may be maintained between the hours of 6:00 a.m. and 3-:00 7:00 p.m. The sign shall not exceed four (4) square feet. Said signs shall be located outside of rights-of-way, within property lines, and shall maintain a ten -foot setback from all adjacent property lines, excepting the road right-of- way from which no setback is required. evided the """' -: Two (2) additional ofd premises temporary signs may be placed within road richt-of-way: however, no more than two (2) such siffns may be placed per intersection. Such suns may be located within a road right-of-wav, provided the sign is: a. Located at least eight (8) feet from any roadway; b. Constructed as a breakaway sign; c. No more than three (3) feet in height measured from the crown of the adjacent roads measured to the top of the siLyn; d. Maintained Displayed only when the imralre sale is actually open for visitation by the public and only during the hours of 6:00 a.m. to 37:00 p.m.; and e. No greater than four (4) square feet in area. No on or off premises garage sale signs shall be maintained for a period exceeding Afee eighteen (18) days during a calendar year. Bold Underline: Additions to Ordinance 12 Deleted Text from Existing Ordinance C:\Users\GRANIC-1\AppData\L.ocal\Tenip\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P267 ORDINANCE 2017 - These requirements are a restatement of a section in Chapter 956, sign regulations. ef- the No permit from the planning division is required to be issued to conduct a garage sale in accordance with these regulations. SECTION #6: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #7: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #8: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #9: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2017, for a public hearing to be held on the day of , 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bold Underline: Additions to Ordinance 13 StFilfe-tlfenghi Deleted Text from Existing Ordinance C:\Users\GRANIC�l\AppData\Local\Tetnp\BCL Technologies\easyPDF 7\©13CL@08050275\@BCL@08050275.docx P268 ORDINANCE 2017 - The Chairman there upon declared the ordinance duly passed and adopted this day of 2017. Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was fled with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Bold Underline: Additions to Ordinance 14 94ike�eeag}r Deleted Text from Existing Ordinance C:\Users\GRANIC�l\AppData\L.ocal\Temp\BCL Technologies\easyPDF 7\@BCL@08050275\@BCL@08050275.docx P269 Treasure Coast Newspapers Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 463755 - INDIAN RIVER CO PLANNING DEPT 1480571 Meeting: 3/7/17- Ord Ammendment Meeting: 3/7/17 Pub Dates Februa 017 f Sw rn to and b ribed before me Fs day of, February 20, 2017, by who is Sherri Cipriani (X) personally known to me or ( ) who has produced Sandra Coldren Notary Public as identification. r' r}� =SAND LDREN MY COMMISSION 0 FF ()04035 Bonder TP'RES: April 1, 2017 u Notary Pebfic Underwriters lo'ka • 4C Monday, February 20, 2017 Tmasuro Coast Newspapen uctlon5 CHOICE AUCTION Le9ala .t7 Keith Trewbdtly AuctlOcar, Brokas J u47.ws>vaex»otass 'Legal Notices 'Your 1st Choice' Our Serv.eC3l.Clude: IN THE CIRCUIT COURT OF Re5ldont1l R¢al EStale Real Estate AuctionsCIRCUIT. THE NINETEENTH )UDICIAL IN AND FOR Personal Property Auctions ST LUCIE COUNTY, FLORIDA Estate Auctions Uquidallon Auctions Business Brokerage Commardai Real Estate Leasing Coll 772486.3439: Office 85S-MUST8ID 2020 NWFederal Hwy. Stuart. FL 36994: www.chokeauct}TnpaOery.cnm Collectibles HIGHWAYMEN PAINTINGS WANTED •By N.Newton, A. Hair, R.A. McLendon or A.E. Backus (772)473•x507 urn8ure Down siring u . vuel 2 -all .MPV 1 552 end fte, 2•wall fan 9kinrp 1<DIICC thle.l f n kind tbie, many al' c. items, asking S3xO0 fOf l 11 772.210.5151 Louise WEB ID 01492013 M Y AUCTIONJ B py W "'' Wednesday42nd Ave.donlnecomi-L39H53 AUD26 SOFA Full size. blue denim. plus 4 throw pillows. Good condition. 5175 Call 772-778-9738 or 772.925. 4108: Web Id 1488816 Household Goods TREASURE COAST AUCTION GALLERY Lie AS 3435 AS AU 4671 Csrurdfumi7urr//ene7ry soy'." P. Ape Every F 'y 8930 South US Hwy One US I at Village Green Drill TCAVCNonGMlery.Cam 772-359.14u0g0 Nwk LmD•S Etln 6gwer Sirpicpllao LHwn &Gorden TROY SILT RIDING MOWER 2016 46" $ 1290.00 OBO (S61)292 -0792W011014118786 C�!C UIp&SUpP E Case No. 17-0R19 045i": DOMESTIC RELATIONS MARTY L. BURKLEO. Pelidoner And SYLVIA P. RURKLEO, Respondent. NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE (NO CHILD OR FINANCIAL SUPPORT) TO: SYLVIA PATRICI4 BURKLEO. 407 SE Karney Ter- race. Port St Lucie FL 34983 YOU ARE NOTIFIED that an action for dissolution of mer IWge nos seen Il lest ,.V.2t and.hal py of arc OU, Writ. defenses.110nY IO It MARTY LEE BUR LEO, P.O. III Foul Pierce fl3"54 Nd file the origins( with Ina ark of this Court at St LUCIe County Clerk's Olt.e. 218 South 2nd Street, euildlne B 3rd floor. Fart Pierce, Florida 34- P.Ullort�0•o llm`medlntd. thereafter. If you fall to do So, A default may beentered e90inst you for the relkI demanded in the petition. The Action Is asking the court to decide how the following r al Personal Property should be divided: EVERYTHING d an the Financial Affidiavit Of MARTY LEEBURKLEO. Copies of all Court docu- mde,: a�hl. dllzbie`atdme Clerk of the Circuit Court's d(lice. You may review these ocuments upon request You must keep the Clerk of me Circuit Count office notified Of your current address. (You Address. Florida eSuppurrend Court Apy d FamllyaDn s form 12.915.) Future In this lawsuit will be malleo to the ac h"s an retard at the clerk's office. wIs Family Law eARNING.Is Bol RulePrOo- Jure. redulres certain auto. M atic disclosure 0 1 docu- mems and Information. Fail - Legal NOtICeS _ of"currentaddress. (You YYutile Notice f Current AdU e3, F10Hda SUyD eme Court ADDraved Famity`Law Form12.915.) Future Dopers In Inas lawsuit will be mailed to the address an record at the derk'5 office. WARNING: Rule 12.285, I[., - Ida Family Law Rules I Pr*Cedaro. reeppuulees CC^ 1, eutamWe tlisclusure os tlot• ument5 and information. Facture to compes rly can result, n ItancNOnS, clumnp Issal or slrikin. of plead• nes. DaMtl: February i, 2011 CLERK OF THE CIRCUIT COURT By: Sharon 1. Shipley Deyuty Clerk Pub: Fenruary 13, 20. 27, March 6.2017 TCN 1479972 7al Notices•AUctlons NOTICE OF PUBLIC SALE Notice is hereby given that on March 14 2011, Al 2:00 P.M. end /all other OIn man I Property located there- in, will "Sold t public e thin for c sh to satisfy store, c lees In accordance 'th F.S. 115.109: 1991 MERI AT249P2....4 ono B, Title 11: II15070 d "290732 located at 41 Arboles Od Norte Ft. Pierce, FL 34951.- last 4951: last tenant' eRyapar A. Scll- Sele In Ee h Id WI so11111, Lakes Country Chub Village Clubhouse, I Las C.sHas. Fort Pierce, Fl 34951: 772. 878.5513. Pub: FCbruA30, 27.7011 TCN 1486105ry PUBLIC SAI E 2006 DODGE VINs i D4HB48N76F 191039 SALE AT COLLISON'S AUTOMOTIVE INC. 1156 COMMERCE AVE VERO BEACH FL 37960 ON MARCH S. 2017 AT 10:00 AM Puh: February 20.2017 TCN 1483737 PUBLIC SALE The follow... Space will boo sold et publK suction or ath- 8rwbe disposed .1 an March . 2017 at 110 AM In actor• caned with FL STAT. Cha &.. 83. sect. Bill et. "I al STO�• A -WAY IndMntown. 15501 Sw Famcl Ave. FloridaIndlan24", Cash oZlIt. be2accepted. Deposit will be taken. ■EME ©ms MEN NONE WON MEMO ®ONE W■■MENNE ®■M®ME ©■■■M ONE ®EN ®®®EN ©EMEMN ill■■■ MEMO ®obi OEM ©NNE ®MEN li ENNE■ ®OMEN iii■■ MEN ■MANE MEMNON MEMM■©MM MEMO, NONE MEN NONE Room MEN NONE Tennyson 24 Demeanor 25 Jealousy 26 Tops 27 Actor Baldwin 28 Fay or Turner 30 "Green Gables" redhead 32 Familiar Vow (2 wds.) 34 Wee bits 35 Like, many dens 37 Ono's husband 38 EPA figure 40 Clapton classic 41 Running wild 42 Dexterity d3 Scrabble gplue 44 M.11 went 45 Folk teachings 46Arizona city 48 Drum, es fingers 50 Karate level a7af l 1F5, D'c. b M,aaws r.vx+� 6PJa43w ktli9 E-77 Ot Foreclosure Otica To Creditors Other Pubdc Notices �'^tiOO�Qa Auto DeAler Directory WALLACE CHRYSLER F) k ' •M e e �W 27555E Federal HI99lwray. Stuart T72.7I0.3 00 - -ryi Ice-for0.c.m ACROSS 36 Oulck-dry Answer to Prevlous Punla 1 Refuse fabrics 1575 5E FCdenl Hwr. Stuart 72487.3x32 to obey 38 Port near L OCH BLEW T AN 5 Nearest star Hong Kong 39 Dog days in AFRO IOTA A L F 8 Shoved tl Dijon ITEM B U C K ARO O 12 Length x width 40 Hosp.Cigna worker R E P E L S E P E E S 13 Bonfire 41 Cigna rival 44 H E R O E S P remains 47 Chief support ChiefPrudsup S P OUT L O D E 14 J vera 15 Jetty 49 Deafening N O B E C R U Y U R T 16 Setbacks 51 Nobel Prize city E D I T TAD A R Y E 18 Swirled 52 The works V E T O E L E C T 20 Tiny bottles 53 Columnist YET MAS H 21 Inquire — Bombeck KNE E L F E NNE L 22 Waterlogged 23 Alpha 54 Sharp 55 Small veggie H O L D O V E R D I N E opposite 56 COmpUe VIP ADS PERE E D N A 26 Rinta INEE EGAD MEAD 29 Bnlln single DOWN 30 Broetlraata 1 Flat bump 6 Not now 11 Herd woman 7 Red Wings 17 Says for sure 31 Twlco X%VI 2 Groat Lakoa erg. 19 'This — — 33 Give It port 8 Elk Btickupt" the gas 3 Mare's fare 9 "Frozen" 22 Guarded ■EME ©ms MEN NONE WON MEMO ®ONE W■■MENNE ®■M®ME ©■■■M ONE ®EN ®®®EN ©EMEMN ill■■■ MEMO ®obi OEM ©NNE ®MEN li ENNE■ ®OMEN iii■■ MEN ■MANE MEMNON MEMM■©MM MEMO, NONE MEN NONE Room MEN NONE Tennyson 24 Demeanor 25 Jealousy 26 Tops 27 Actor Baldwin 28 Fay or Turner 30 "Green Gables" redhead 32 Familiar Vow (2 wds.) 34 Wee bits 35 Like, many dens 37 Ono's husband 38 EPA figure 40 Clapton classic 41 Running wild 42 Dexterity d3 Scrabble gplue 44 M.11 went 45 Folk teachings 46Arizona city 48 Drum, es fingers 50 Karate level a7af l 1F5, D'c. b M,aaws r.vx+� 6PJa43w ktli9 E-77 Ot Foreclosure Otica To Creditors Other Pubdc Notices �'^tiOO�Qa Auto DeAler Directory WALLACE CHRYSLER Irto Dealer Directory WALLACE DODGE IltO Dealer DIM&.ry 2755SEFederal Highway, Stuart 772-220.3600 27555E Federal HI99lwray. Stuart T72.7I0.3 00 GATOR CHRYSLER DODGE LEEP Drive A Little • SeVe A 101 Ice-for0.c.m WALLACE CADILLAC 7355 SE Feticral Hwy. Stuart 017106-0561 U$-1, MCIbOumC galorcbryakr.11d (32U1ri-6611 8Lr b US H 1 ""34.0 VER"34. 772.569.3400 WALIACE CHEVROLET 1575 5E FCdenl Hwr. Stuart 72487.3x32 WALLACEFed—, I VERO BEACH FURRY—SLEA-1 a 1(MUA 555 5 -2 l 38015E Fl= IeaaEeh -1i"acht deem 77i 29344 0 a -to Dealer Directory E HNSHoe51P n00 SC Feticral Hwy 772.320.1100 WJohnsormanda.com vEao 8FACN ZEEP 655 5. S- ONE v—beachc deem WALLACE JEpEP 275Stuart T1at fill. .ut0 Dealer Directory WALLACE LINCOLN MERCURY 5555 South US 1 Tt. Plerca 3.600.179-6060 WALLACE MAZDA 3725SE Federal H. Stuart 600.375-1999 WALLACE NISSAN 4313 SE redetal Stuart 772-286-8000 oto Dealer Directory S.Im,/ NdI,a $ale5/SCrVi<C "ISSUSI 14)88•i28-4275 GFICCON)sSan.Ca, 772 64.4945. -WALLACE VOLKSWAGEN 2805 SE Federal N19hway, Stuart 112-219-0007 WALLACE VOLVO 3801 SE Fe4eral Hwy.. Stuart 666.261.4101 =I CL c d aC)) G C C •C old m E a Q c p O U �- V NNj M C y 5 z 0 � c C N N C O U O M Q Q U) 00 O) m co 01 n x Ln 00 a a r Z r Z Qi �C C a Z LLel o r •p N N p Q C O7 c.i iirptami vePCP°lee �4 iimTl)aM o Taaa.y, Mlrcn 3, Tod .P9D0 e.m to antlder rN- OielnenceTe,l111Pptdl0n ".A AN OPMNANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AN AMEND- MENT TO RS GRD DEVEL- -MINE REGULATIONS 1MENOiERESTO CHAPTER 1IV1Gt1REGMTIOM GY AM DING SECTION 9511. EXEMPTIONS TO PERMIT- TING PROCEDURES- BY AMENDING SECTION b50.L5, REGULATIONS FOFRp TEM CERMR "Dho OY AMIENM1 1x0 SECtION 856.15.1. REG UGTIONS FOP ACTIVE SUB- DIVISION OP REAL ESTATE DEVELOPMENT SIGNS: PRO. WOING FOR AMENDMENTS TO CHAPTER I.E. DEFINE TIOM' PROWDIND OR 91;4pNG1"E-mmlty DEVEL- OPMENT,EV AMENMNGSU6 SECTION 91].5(5 GARAGE SALES AND YAR SALES: AND BY PROVIDING FOR REPEAL OF CONFLICTING PROWSIOHS• CODIFICATIOW. WIT DEII'Y: AND EFEE6 SAW p "'"II d0apled. MII modllYc"IA, sign rept/ rellaUnpin lo�11111 IONo1 plRrm�N OEwTompatary0IM" PamWrl ` emelt; AdNle.Psa eat PIImtt" OtheIPn Iliee I9vicelnd In the ummuhi- InodliX(, ceenlo4 !thee CoonMOR . IT IY AdmM'Ibt_ A Cmomplp3 Bldldrd0ph 'A'. ippAcsl Any ddt4 Alon whmn mq be made tAt Iib a Wry. w1U need o I- Ibdl A YcrOA'lm record of me prNeeallry[ b IlmaiywuMphpeeN dePOerca WwP PleR0a1C0ie In Fn r nl Osr¢Mleh ed^hhestlas theOmlron- enMI plAnnlry rW rode forcement aeetb`n .1 }]6 1141. ACIAL' ACCOMMODATIONEEDS N FPE- OR THIS MEETING MUST CON- TACT THE CO -S AMER- ICANS( WITH DISABILITIES AT }Ibli}) (C{p�pPd]il11Tb 9115) AT LEAST dB HOOPS 1N ADVANCE OF THE MEETING. BnAN RIVER COUNTY BOARD OF COUNTY COMMKGONERS By: Intent, E Fletcher. PlUX�n: ieUruory To. 20v TCN I .I, euutfitfdrelds` REQUESI Fon SCALED 6BID Be, Bide s1° uu a9oea° Auadder,- d Plug 1. North po t Deep 1 Ion WMI wnl b0 SLIved Oy the City 01 PM luCtlee, In the Weeoreeneel 3b Cit elan PO yyA• of Ih- Munkl .I Com Blvol.t tl S LV da 1.016099, hmlB T:0pp0 mhe nationi1emA L Cn)DplyeielnAd lNcolhPD`N"m 0010111, ) 11110�0yyv14 ho. the'1.d ent M m spnAary010e mDOpolcyyiv�e�eir'one :ny It,Rt,n r IV PIN:Rbary ktotl TG !188856 ei� -6d APPlltatl GtpNwi otdtM tlrtNl COvrt, SL Lucie COvnty P Ie '.Hrvery 6, IL H. 17, TCN 1159573 NOTICE OF APPLICATION FOR TAX DEED Tee Deed FD! N4: 16.051 NOTICE IS HEREBY GIVEN• NOTICE U.S. B, AS CLLST fOR MAGxOLII IC 14 LLC CMO holder PI the fWImNr�IIoo IIBee'. hes TO [eIE cer Il Bel'. fora lax Beed to bo Issued lh- TM cN- IIIkaA thed'e�cn0d ytar of mnprnottpO, rl{nean, lM mmH In 0f.rit we...... we. a III - `TexD woiCAI1004 -7_75 p11 _ mdeemed AecoNi.B to Idw tY en1lbed ^T4z � r,.ruu„un run e Drroopp m artIft.le shall be sold LEGAL INTEREST THE PROF E.TWILLBESOLD AT- IN P NeIUphbt Ndder py IN- tronic ale Ili. df iAa h, Taw Geed BeiNu: 16.151 TPI] el hltpsJ/stluelesler NOTICE KNEREBYGIVEH tMt GHTAL ONE "T"N. YAMII AR WAR NING W e holder of THERE ARE UNPAIp TAXES ON PROPERTY WHICH YOU OWN Aa 1.11 w1n0 certificate h of IBI. Wd -UGutn lm e OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP- In aced Id be bsvld mere 0 E The C-rtlliteta number ER)Y WILL BE SOLD AT PUB- tic AVC]ION ON 0J/I]ROl] a YOero I W uance. Iho Andel 01 It,i pwrdMd���I d Ind UNLESS THE RACK TAXES ARE PAID, TO MAKE DAY- I Nerd ed lNlmvdt was assns MENT. OR TO RECEIVE f11R- TACT THER E CLERK OF COURTON' Certifheatl Nd_ 1011/1159 W Innncc. EOM IMMEOIVAET,E_LY AT 13. WR. RT PIEIRCE, R 31693 loo "1 T W ST N P� a pplM PrMDer10 y 11 FLO)T 11 (OR 191S53T. 1159• Pere"]13�6E- e The G IaBI MmS.I for hen tion amwnts .ed Inatruc- LdrC�i•I ID:1101-616.00II-s00/1 No -(.)1. Which Al -set. TI0';yIN3¢aNed the Td. TERRY DENMARK/ TER- RANCE DAVI$/ RONALD CaIltcHx.))IJG-1650. DIP thin TIM they of Decent- HORN/ MICHELLE DAVIS/ boo,}CIE EDWARDCARSWELL ale pIr nt bein0 M Ine ANGELI RIOGINS. DCDutY acrk Glcwt Court. CPun1Y el SL lode, Siete of Unlmd bl artl0cett 11d11 be IL toMl. PPu . Feerveryly4 13, M. }). redeemedacc AG.law 4t,! DcrdOrtpllrtY d -gibed Ie x01] We to Md MpnLzt pMaerl�eoe. IN MINIS Ironle ole 1]th of .b, NOTICE OF APPLICATION FOR 101) At h tpTJMlVckdef- I WARNIHNROA.M. .I- TA%DEEP THERE ARE UNPAID TAXES ON Tax Decd File Na: 16-147 PROPERTYWHICHYOUOWN NOTICE IS HFAEBY GWEN, L SLTHE PREM ASSIGNEE OFEF1cii:iET1iC UCC YAOG�'Tiox oxa0]il)iROPi the holder M In. tPU P, UNLESS THE BACK TAXES cerlilk.m hes lilts fEW err APE E. TO MAKE DAY- 11lkalef for a IIA tle 9 to MEM, OR TO RECEIVE FUP- Bd "Aped II -on. In. cer- TXEP INFORMATION• CON- tlHah roe, or end ymr DI FACT THE CLEAR OF COUNT b._.. lhO emMptIII of IMMEDIATELY AT 1300 in¢frppRrr�eecyy IY. And me--I.W RG -LA AYE IND MOP. Ent t M ^it waseaested.m Wfi31B9I,)i]- FORT IN, . 16T6936 MARGARET BANAL Doere of tlm UrMt Court. SL lode County .be Feb.— 6. 10. M. }), 1.T111159561 NOTICE OF APPLICATION FOR TAX DIED TAX Geed FEN, R4: 16115 HNCE IS HEREBY GWEN. Met CAPITAL ONE CURL .. MIO r ei the IG fMlo'wbMip PMifc 11 hot riled aid ter ul{a,el Int . me deed to .9. lhertph. TM cer Hl uk`e-to nUP !era a a the pn`V�' ny: uha sere liuromomt 1. rgI, wuf "-mem C0rtol-rOW1eaf m..2 Add-.: T60I CT im9CT Y pmp�r(y Dnallllom SHERATON PLAIA-UNIT FOUR REPUT LOT NO (OR ANGELA PIGGINS. 11}.3}5:1]11 -NCI)) Dapu"CH -.0011.-101-DC98.00R]0 Gert of the Grcwl Court, Name(U In WTIa A[sesue: SL Ludo Co y SAW RANTrovlr b¢Irry In! eld, Fr Ary E Il, 1p, TT, ComtY M SL'W0. SM o1 TG 11).!9 n0de4 ANGELA ROBINS. fmAYG Clerk Pl tEX M urt Grcwt Co, SL lute COMIY Pule Feb..' 6, Il. M, ]], 101] TCN IITIP91 Tmmum Cart Neuspapen Mondry, FeIPU&Iy30, M17 SC NON SEOUITUR MY At http3JAUUcA for k00L'kO"A""190 A.M. PROPERTY WHICH You OWN THERE ARE UNPAID TAXES ON LEGAL INTEREST THE PROF E.TWILLBESOLD AT- PROPERTYWHICH YOU OWN OR IN WHIG YOU HAVE A UC AUCTION ON aLOV101) UNLESS THE BACK TAXES LEGAL INTEREST. THE PROP- EATY WRL BE SOLD AT PIW- ARE PAID, TO MAKE PAY- .ENT, OR TO PECUVE NR• on To UC AUCTION ON 0 ]MIT THEENCXES CON - THERAC, ER COURT ETAG ARE PUHL.AID, MINT*TO RECEIVE FUR- IMMEDIALE.T GINIAAVE 116 BOO R, iORT f13189i, ,*1 THEP IXiORMATiON PAN- TACT THE CLERK Ot COUNT PIERCE 17] -161 - 6930. IMMEDIATELY AT 1300 MR- GIN. AVE. THD FlDOR FONT .IN. y De realartua INoupvll Ne Sl.lxCE. COUnty it 31>1893, 77N62- 69SE UP. nolOylOOunt ti Fm I= rtrtyy, P111109n Lhe5LLOde COunly Te hih`CAII-CfM. ]]3.1631650.0 To. CMM... For redemp- Hon .mwnta Ina Inrtroo Oale Ibis IIIb dey of !emery, 3013. nom, 9y=. tell In. Ynr of HANAM ]009 TMM THE LY A OF CONNT Aedross: IMMEDIATELY AT ]].FORT Th, COIIMerd., or -I650. Dbe It30a333uPldaar .Decent- MARGARET RANAL OCf�OrWktolGlhe ANGELA RIG.Ns, Cirall Court, 51 L.tlO CoUnIY Pok Fdbroery 4 13, 10, 11, Deputytltrk derk 0I the Grtvlt Court. 101] TG 1159805 M lode County P3"kO13Ftbr0Mr 4 Moo .y -Unit enc Instroc- Cdf03INlm�UHS iil.j9i1AI. T" Said omM51.LN451ate e To 111.35 OTIC O APPLICATION FOR Cwnly N SL Luck, StA,e N TAX OEEO un cia�em arunn.mnelBu TAX Good FBI Noe 16-193 NOA%CE Oi APPLICATION FOR NOTICE IS NFAEBV GIVEN IMI DEED 1NO CAPITAL INVESTMENTS, Tax Deva Me N4:16165 Ing CIZthOkllater lw flea [Md nMllkate[ Int • tax deco to NmetCEGMTULROBC CURL ASSIGNEE OFFIG 317]. LLC 1°ltA` telnumLninOThO`It hsemnrnotto!. he desulpibn M he0 sMJaOYcerro 1 eIreleel ue tNi•0rtif1ia1irAata n� rlik.hs for •tae aced to I. It a0x (a-: Mrydh Ilp Deputy Chrk EWA., eCIrMtCourt St-.=nty Puk Febrouy b 1], T0, 1' Ton TG 1111910 TAX DEED Fee Deed Me N4: 16161 NOTICE IS HUM GIVEN, Ill. CAPITAL ONE CLTRL ASSIGNEE Oi DG 1,11}, M Her holder of the IMlewirry tirl�:m: 1. A .`. 8ntf re Ib01kkA[eed_ ; eM Yet/ of kadntt, UP Be 01 the epernyy IY. sIO the mm¢s I3wNPdh II _,.Nested are o0awf: CMI Me N4: 701VIN Ven e-Und. end -Beira. MARGARETRANAL. Ilomaereelecl lm The Deont0tCh- Unless a.W cc,Ufk h snet N "W"IWI IBhl OTICI'Sf APPUCAiIOH FOR drda In f NOTICEAPPLICATION FOR TAX OEFD Tee 0¢Oa filo N4:16.163 such itO still OTI EEOF OW l0 me MObtsl bidder NOTICE K NEREGY GIYE . ,bet CAPITAL ONE CURL bt INTO memo.. It,! ttr Iilicate number Led ycer a1 ASSIGNEE OF FIG 1TTl, LLC cerl111ckete 111n0M'ii� hseu nee,, the descdpfn of eiseieL ea dei en NOces far A.. deed to h01,wNcnitsviA ..(Mows: IillceteOnumEer eId year of C.tIfato NP: ]011/}06 Iuunntt, Ina deurlpfn of meG y,.nd to<mmnt Ynretluvaner. ID11 Add. M fOenOCOowit w.s Bsscuedero P1050OLEHR"AA�tIOVmOIOL FP Mrydh Ilp Deputy Chrk EWA., eCIrMtCourt St-.=nty Puk Febrouy b 1], T0, 1' Ton TG 1111910 TAX DEED Fee Deed Me N4: 16161 NOTICE IS HUM GIVEN, Ill. CAPITAL ONE CLTRL ASSIGNEE Oi DG 1,11}, M Her holder of the IMlewirry tirl�:m: 1. A .`. 8ntf re Ib01kkA[eed_ ; eM Yet/ of kadntt, UP Be 01 the epernyy IY. sIO the mm¢s I3wNPdh II _,.Nested are o0awf: CMI Me N4: 701VIN Ven e-Und. end -Beira. MARGARETRANAL. Ilomaereelecl lm The Deont0tCh- Unless a.W cc,Ufk h snet N "W"IWI IBhl Deed AOPI raUD drda In f NOTICEAPPLICATION FOR NOTICE OF APPLICATION FOR TA.- such itO still OTI EEOF OW l0 me MObtsl bidder Ta Deed FBI No.: 13.339 pf kclron k cele 13m 01 TAX Deed Foo Hoa l6 -M1 t ]MITI al httpslhihc "kat- nm 1 hsUence. b exledpeoenr of I IbnFam M Id NOTICEMKREBYGIVEN i NOTICE K HEREBY GWEN, IMC ELEVFxTH ]AIF. B. LLC me heWor of Cha IMowilry AM V. GUDTA IMC Ine h0ider Of WARNING lhO fMowkp ttrnfke. eras TNEREAREUNDAID TAXES ON rtM. PROPERTY Med, cMiflceln Int e OWN .. deed lobe hsue0 mere 1 ,filed dood to tinea... Int a .. no to Mlkite'edm mhDer09nd year of CH "YOU ORM WHICH T. T NAVE A The cdNlk.l umber ERTTYY W IIFBRE SOITDNAT PPtS d Fe PI hluaprOOG InYe bsvenc4 ma aescdpfn 01 Ine [ere.enter UC AVCTIOx ON ol/IIR0N s0 �Iebn Id the wNCIMi 11 TME BAG TAXES pmpMy, Ona Mw It wa[.uessed an ARE PROD TO MANE PAY- wase FdfsN aromfdloxs: AK PA m follows: .ENT, OR R ATO.. FUR- Cerlin,.,l R4: ]009/6131 THEA INFORMATION• CON• CMifel-No_1011y61 Year of lssu.ncc i0ll Ynr of HANAM ]009 TMM THE LY A OF CONNT Aedross: IMMEDIATELY AT ]].FORT A/NW`SE 60NITA 1101 SETWM Si. PSI FRER E, FL]]I�; OR.NT3- PmMrty DescrlYtbm CT,SU RoytrtYfsWpll.c RIVED DAR%UNIT 5 BtK S] 6914 .ORT Si LUGEIEC 30-BLl( Pr onesf• q be redeemed 1568 LOTS LEAN. IT (NAD IbrOuplP IIro SL WdOCwnlY 15/DTM)((OR N61A19) ,OT 1 (MAD N/188) (OR 1506119E }6NS71G Te. CMMa. for rcdemp- Deretl lD'31T661S1MB-PORI NIm!([)In wnylFn Asu3]ed: Namt1ID:N19-ND o -OFD/) MOUNIN FAARRANI msnsed. Moo .y -Unit enc Instroc- Cdf03INlm�UHS iil.j9i1AI. T" Said omM51.LN451ate e SAW property blltry In Ine Det- this ]its dey of .Nem- NO -,dl Cwnly N SL Luck, StA,e N MA 3016. Unln- EaW ttrtlf tv nen un cia�em arunn.mnelBu ANOEGRIDOGO, Be rtheened AaorOI E_0i be tM D d 0duci need L^ Cdktol lClhe GmNt MwL ccrtl(ketc aaLMuIFO W to hen nest balder M N M ull pt bi the I 1 00 6 n yuIN3 bt N SL Luce County Puk FCFm E. 1 ]0. n Al w I. IN4pnlcalo 6tR 10'MerN, 13 .1 RllpS://Mludk.d<r- �.°NnmePm 101y 1017 IhItmJAllu[le.cer TCN!119111 MYe11ISD AAI. WARM.. al11:00A.M. WARMING THERE ARE UNPAID TAXES ON II. YOUVOE THERE ARE UNPAID TAXESON YOV OWN PROPERTY1. NOTICE OF APPLICATION FOR OR INLAWHICN A YOU OR iN WHIG YOV NAVE A LEGAL INTEREST. THE ROF 7A%DEED LEO.L INTERCST.TXE"A.4 ERTY WILL BE SOLD AT PU6 LICERETA CTI DE SOLO m '? UNLESS ON ON 03NTAXES 7a Deed Elle Hoa 16416 LIC AUCTION ON OY06/Ali UNLESS THE BACK TAXES NOTICE K HEREBY GIVEN, RE PAID TO MAKE PAT" UNlESS THE BACK TAXES MEMTVOIN TO RECEANEE 'IAN. met CAPITAL ONE CLTRL MFM, OR TO DECEIVE NR- ASITHICE Oi ND 1]]T• LID THER INFORMATION. CON - Mrydh Ilp Deputy Chrk EWA., eCIrMtCourt St-.=nty Puk Febrouy b 1], T0, 1' Ton TG 1111910 TAX DEED Fee Deed Me N4: 16161 NOTICE IS HUM GIVEN, Ill. CAPITAL ONE CLTRL ASSIGNEE Oi DG 1,11}, M Her holder of the IMlewirry tirl�:m: 1. A .`. 8ntf re Ib01kkA[eed_ ; eM Yet/ of kadntt, UP Be 01 the epernyy IY. sIO the mm¢s I3wNPdh II _,.Nested are o0awf: CMI Me N4: 701VIN Ven e-Und. end -Beira. MARGARETRANAL. Ilomaereelecl lm The Deont0tCh- OltoIDi r01W.'MI Sem. 5L0rtLINe Cwanhwt faurL bOA1o1G Wk Febrodry 6, 13, 20, 17, ANGEL RIGGIRS. TCI 1159816 Den Ytkrk Germ ol Uu Grewt Cel... "kat- nm 1 hsUence. b exledpeoenr of SL Ludt Camty Pub,. Febroary Y. 1f i ed330eiue Are TCN 1.1195 FOR TAX GEED Addmsunatt:3011 IM WErtSy>TGIEN TeA Deed Me No.:16191 CSCE .1Ff1I(-Ar'I.-G. toll TA%DEEDNGWEm H.EBYCWEN It,.t TU need Ne ND: I- FIG CAPITAL MVESTMeX IG the hot., M the fallow• NOTICE IS HEREBY DIVER, IIICAPITAL ONE CLTRL 7c ,Ifiutc has filed 3 Ieefnl.etaxdded , IssuM Loon- The ASSNNEE OF ENG 11 lIC cerllfelO APRlber and y¢ar the holder 01 th! 1Nlowl no' GE... An of IauOnce .¢ dncrl non Or'h0'Dropert , .POW PIllicA. llicet-s for • to. deed to be Wood thereon The cer meSennoomn b wMM tt ores ed Are .[fdlO "kat- nm 1 hsUence. b exledpeoenr of Certificate Na 3014ADI6 Y. 1f i ed330eiue Are l Addmsunatt:3011 IM WErtSy>TGIEN Yee lof hsame: 10101 5n WEE6ClFNO051601DT 3! (0.]D Add- 1606 SW XERDER $T, PORT AG(Oq TOM p0e5e ID: 1130.6011036. to: a�9 3 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Public Hearings - B.C. C. 3.7.17 Ofcce of 3 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney V11 DATE: February 22, 2017 SUBJECT: Traffic Control Device Ordinance - Legislative ATTORNEY BACKGROUND. Pursuant to section 312.18 (Traffic control devices) of the Indian River County Code of Ordinances, the Public Works Director (the "Director") is required to maintain .a ledger reflecting the installation of all traffic control devices in the unincorporated area of the county. Semi-annually, the Director is required to present to the Indian River County Board of County Commissioners (the `Board") a resolution containing the commutative ledger for Board approval. On January 24, 2017, the Board authorized the County Attorney's Office to draft an ordinance eliminating the requirement for Board approval. Pursuant to the Board's direction, the County Attorney's Office has prepared the draft ordinance. which delegates to the Director the authority to install traffic control devices in the unincorporated area of the county. The draft ordinance eliminates the need for the Board's semi- annual approval and instead requires the Director to make the traffic control device ledger available on the County's website. FUNDING. The only cost associated with this matter is the cost of advertising the public hearing notice. The cost was $143.59, which was funded from Transportation Fund/Traffic Engineering/Legal Ads Account No. 11124541-034910. RECOMMENDATION. The County Attorney's Office respectfully requests that the chair open the public hearing and take any comments from the public and then have the Board vote to approve the proposed ordinance. ATTACHMENTS Proposed Ordinance F..L411 myV d CEN£RALLB C CIAga d Af—ATmfi Coram!D-krc d— P270 ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 312.18 (TRAFFIC CONTROL DEVICES) OF CHAPTER 312 (RIGHTS-OF-WAY) OF THE CODE OF INDIAN. RIVER COUNTY, FLORIDA, MODIFYING REQUIREMENTS PERTAINING TO BOARD APPROVAL OF TRAFFIC CONTROL DEVICES AND THE TRAFFIC CONTROL DEVICE LEDGER; AND PROVIDING FOR CODIFICATION, SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, section 312.18 of Indian River County Code of Ordinances requires the Indian River County Board of County Commissioners (the "Board") to semi-annually approve the installation of all traffic control devices in the unincorporated area of the county; and WHEREAS, in order to reduce unnecessary bureaucratic processes, the Board wishes to delegate the authority to the Public Works Director to install traffic control devices in the unincorporated area of the county; and WHEREAS, in order to promote transparency, the Board desires the Public Works Director to make the traffic control device ledger available on the County's website so the public will have access to the current information; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authoritv. 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. 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 Section 312.18 (Traffic control devices) of Chaster 312 (Rights-of-way) of the Indian River County Code of Ordinances. Section 312.18 (Traffic control devices) of Chapter 312 (Rights-of-way) of the Code of Indian River County, Florida is hereby amended to read as follows: New language indicated by underline, and deleted language indicated by strikethrough 1 P271 ORDINANCE NO. 2017 - CHAPTER 312. RIGHTS-OF-WAY Sec. 312.18. — Traffic control devices. The director of public works is delegated the authority to install traffic control devices in the unincorporated area of the county. The director of public works shall maintain or cause to be maintained a ledger reflecting the installation of all traffic control devices in the unincorporated area of the county., which shall be made available on the County's website. aGGepts or Fejecft, the installation at the semi annual review-. Section 4. Codification. It is the intention of the Board of County Commissioners that the provision 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. 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 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 21st day of February, 2017, for a public hearing to be held on the 7th day of March, 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari 2 P272 ORDINANCE NO. 2017 - The Chairman thereupon declared the ordinance duly passed and adopted this day of March, 2017. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher; Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of March, 2017. APPROVED AS TO FORM AND LEGAL SUFFIOIENOY 8Y DYLAN REIfVGOLD COUNTY ATTORNEY P273 Treasure Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Linda Klein, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised zny person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copyline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 1486533 Meting: 3/7/17• Notice of Intent Notice of Intent Pub Dates February 21, 2017 AKlein bed before me ay of, February 21, 2017, by who is (X) personally knownto me or ( ) who hasp Sherri Cipriani Public as identification. Ico.A.3. FfB 9,3 2017 ` U#q.R;y 6q SHERRI CIPRIANI #FF154095 •3 MY COMMISSION August 25, 2018 aY1S1 a-dt EXPIRES FlondallotaryService.com Public as identification. Ico.A.3. FfB 9,3 2017 ` U#q.R;y 6q e�evn. roar x�w.oxo.v. watrosmtw,roarNnwola Tuesday, February 21, 2017 Ad Number: 1486533 Advertiser: Indian River County Attorney's Of... Insertion Number: N/A Agency: N/A Size: 1 Col x 83 ag Section-Page-Zone(s): D -3 -All Color Type: N/A Description: Meting: 3/7/17: Notice of Intent `-to 11H .SpK> #al 5, j sr -p aIRz 10 92 ;3 1 .7L-1 0 i" n ; I P�sC'S Pk e § z agg�e $voa Rx. Es a id g •,`E o "a,Yt lit n�F$ I; 75��ig'b� Y sn�= *<3"xe �a3 Rei Zia `� x 9Yn z yep R p E S a a E �` y� 3fi $$$$ N ]p$' yRw 2 n a n2 1S^�A i >P O a O ESS O� IgA �a j8£"O p� S L�@�v2a o ,�^ " I $1 - caYYY$Z�a az i'AC aG �E S o "�x �=_ dppka i 1 9�o-rl. fNz ?m4 ` iciitF;pdS� 53 ai `. g UP n § m �E CCeg[ g Y i ^� B 11.0 It1 g�4 (� UMZ' p S" •, �� It .66N gg m R0 9 � 91M. 1'9 P" a•�^a "C2b�1nj C. e7 D)P g El � N a P fa3Q ' i I�s 13>�b 11010 ��e= ��ap�; �s8�$� �xc1�i�i6 ����=11 �F. � o� a 5� �L� a a ��1�c� IgE .F - 'Cs ggl IJ"�iiz 15.8 ��' 'i oEZ a °>� jge EY � osdd3 ' � - '��4 LeNoi~'P �q e a C � ;FI ,fiE S 3�g E a RR S tr ; S�,E 'm �EB E I�iagga�U y� si 141114.1pli ,� a Q 7 a C'd ao -E.m ,x,1 'i �g' $ a3� O 3 y 35 a ?5O 1 g?So3 0. �mg a`$"� �" � �91 `,�;a I a^P � =S°� tl Fe" . ,co_ �Cs'u5o r. 19 94z �a"Z jul�� "§ s �#! °iRs = R p _ az��R>�'g �,3 x . £�= s QE x rlov ^�� yy ?P 3 �D 3 a g S -.r ?1. n� gg O �i. 28 9a�a_ o ''�yy,'�gf� A� ° F o € gyaZ 8a��A" gg$_r" iN Hm n n e� 5g IS. }cS•{9.s s3 a't� 8 vt X' n H�^s'66�'am °�z + ggS§8��-°�� o o �� a=capc *ramgQ y,� 4 syNe�azA� ;� �= 3�8sc �����5����� � �zA����Rses���g���a�zaa"s`�'s���s �• mn5'"9 my E- zoa$ a 8.2 ¢^_=.N"oa8 3 FNo<>o=F_'Fyi�YiS3vy�'oy c.o^3av sso^ a a"0i3�"c�gpqa �z �'ae��z��a�`o °F=mash's^>assa $is" o �2tc Y'q$>s8Qs= •95�aN� °nZo "� y'j{j.^t.n.-o-:�'=nFi��S�o oz �# r�3 ��3°aC�sa$B�o 00 �o=�SlR3pYo. �ia�o i ':R i$.&$. 3 F o"""�� ice'=B3'a°zR5amosE__ 3¢ 6 ^ 1 _^2 Ewe B's'y3y ey^y@;9CO^�33 y3§v='14y�jJs�y3^�' l sEe� tY4 9u�i i�:.!'�npti �3aG3n�iS�i���S3�� a; =riga rzp_ aR' e`^R� s n N�•''is G yo =A-gwqgia �" V sN sa 'g 'is A ,wr- o ksa a�R;_ a Rai zsygjg_�,s � ' ON gn- - NA IR $� any 5 liniq `Z-�A � OW19 s$ Us H gi�e s g 5�s $ E � s �� ' nLE iiu��s£3 0spas - 1� gs� sasga as 9a � ''w-ssi aR^$ .mP9 az sE�ggge3�g"aasH., %No W & esx g $ $ i $ ..aas-s i S 09 Nas9eiiS�� a 9 st_8ca I Big '�ef Z' 4i 0 3 '•�,3� ± Ynd# xYi' ��iI�OS i� £�' I$-Ciy got" Q� IV1 q- ?3`95 23t�3"g 7 5 it arasa 3C G �uA�C $a '' x3 � � i>>�'QN 1R yGenAo -oily , g� Lj x$a� IR $3a �n�®g an:�ra iApyaS.�� 9110 r= az Va $ 02, N o K'a �!' L o- ao-ztn 1 2_ 'YNq�t: ,� syNe�azA� ;� �= 3�8sc �����5����� � �zA����Rses���g���a�zaa"s`�'s���s �• mn5'"9 my E- zoa$ a 8.2 ¢^_=.N"oa8 3 FNo<>o=F_'Fyi�YiS3vy�'oy c.o^3av sso^ a a"0i3�"c�gpqa �z �'ae��z��a�`o °F=mash's^>assa $is" o �2tc Y'q$>s8Qs= •95�aN� °nZo "� y'j{j.^t.n.-o-:�'=nFi��S�o oz �# r�3 ��3°aC�sa$B�o 00 �o=�SlR3pYo. �ia�o i ':R i$.&$. 3 F o"""�� ice'=B3'a°zR5amosE__ 3¢ 6 ^ 1 _^2 Ewe B's'y3y ey^y@;9CO^�33 y3§v='14y�jJs�y3^�' l sEe� tY4 9u�i i�:.!'�npti �3aG3n�iS�i���S3�� a; =riga rzp_ aR' e`^R� s n N�•''is G yo =A-gwqgia �" V sN sa 'g 'is A ,wr- o ksa a�R;_ a Rai zsygjg_�,s � ' ON gn- - NA IR $� any 5 liniq `Z-�A � OW19 s$ Us H gi�e s g 5�s $ E � s �� ' nLE iiu��s£3 0spas - 1� gs� sasga as 9a � ''w-ssi aR^$ .mP9 az sE�ggge3�g"aasH., %No W & esx g $ $ i $ ..aas-s i S 09 Nas9eiiS�� a 9 st_8ca I ADDITIONAL BACK-UP March 7, 2017 Community Development Item 12. A.1 Attachment 1 Select Year: 2016 . ; Go , The 2016 Florida Statutes Title XI Chapter 163 view Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.3191 Evaluation and appraisal of comprehensive plan.— (1) At least once every 7 years, each local government shall evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in state requirements in this part since the last update of the comprehensive plan, and notify the state land planning agency as to its determination. (2) If the local government determines amendments to its comprehensive plan are necessary .to reflect changes in state requirements, the local government shalt prepare and transmit within 1 year such plan amendment or amendments for review pursuant to s. 163.3184. (3) Local government's are encouraged to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. Plan amendments transmitted pursuant to this section shall be reviewed pursuant to s. 163:3184(4), (4) If a local government fails to submit its letter prescribed by subsection (1) or update its plan pursuant to • subsection (2), it may not amend its comprehensive plan until such time as it complies with this section. (5) The state land planning agency may not adopt rules to implement this section, other than procedural rules or a schedule indicating when local governments must comply with the requirements of this section. History.—s. 11, ch 75-257; s. 10, ch. 85.55; s. 11, ch. 86=191; s. 10, ch. 92.129; S. 13, ch. 93-206; s. 6, ch. 95.322; s. 29, ch. 96-410; s. 5, ch. 96.416; s. 4, ch. 98.146; ss. 6, 14, ch- 98.176; s. 5, ch. 98-258; s. 17, ch. 2000-158; S. 9, th. 2002-296; s. 905, ch'. 2002-387; s. 4, ch. 2004-230; s. 8, ch. 1005-.290; s, 12, ch. 2005.291; s. 13, ch. 2007.196; s. 5, ch. 2007.198; s. 4, ch. 2007-204; s. 5, ch. 2010-205; S. 20, ch. 2011-139; s. 8, ch. 2012-96, s. 9, ch. 2012-99. Copyright © 1995.2016 The Florida Legislature - Privacy Statement • Contact Us '44—'5 —'5 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 1681 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: l _ 'e. l T � C1` 1- In i Y\ 6 C ,-- ADDRESS: ADDRESS: `?_?s 2-0 S� �7�' CG PHONE: 710 - 32.2 —113 SUBJECT MATTER FOR DISCUSSION; S G rA Foy- Code y1 Dort ern e n �— U IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? ffy ES [V(NO IS THIS AN APPEAL OF A DECISION YES F-1 NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?Trole �5cfMe,n 14or►LAb�G -j�k� �; ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES VNO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? rI Transmitted to Administrator Via. Interactive Web Form H Mail Hand Delivered Phone COUNTY ADMINISTRATOR.yy�� Jason E. Brown MEETING DATE: %`CaA� -7e a0l / Doeument2 P274 'INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 20, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Notice of Scheduled Public Hearing to Consider Collier Creek Estates Subdivision Petition Water Assessment Project Utility Phases 1, 1A and 16 in Indian River County, Florida. DESCRIPTIONS AND CONDITIONS: On January 24, 2017, the Board of County Commissioners (BCC) adopted a resolution setting the time and place for a Public Hearing to discuss the installation of a water main within the Collier Creek Estates Subdivision Petition Water Assessment Project Utility Phases 1, 1A and 113 in Indian River County as a Special Assessment Project. [Legislative] The scheduled Public Hearing is to provide the property owners in the special assessment area an opportunity to comment on the potential project. The public hearing will be held in the County Commission Chambers during the regularly scheduled meeting on March 14, 2017 at 9:05 am. RECOMMENDATION: The above -referenced public hearing item is provided for the BCC's information. No action is needed at this time. C:\Users\GRANIC" 1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@5005AD1F\@BCL@5005AD1F.doc INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator Through: Stan Boling, AICP, Community Development Director FROM: Sasan Rohani, AICP, Chief, Long -Range Planning S714,1 DATE: February 23, 2017 RE: Consideration of the County's Comprehensive Plan Update and Evaluation and Appraisal Report (EAR) Options It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on March 7, 2017. DESCRIPTION and CONDITIONS: According to state law that was in effect until June 2, 2011, each local government in the state had to periodically prepare an Evaluation and Appraisal Report (EAR) to assess the success or failure of its comprehensive plan, address changed conditions, and identify needed revisioris to its comprehensive plan. Based on its EAR assessment, a local government's comprehensive plan had to then be updated and revised to ensure that the plan continued to provide sufficient guidance for the local government to make appropriate land use and land development decisions. Consistent with the former State Law, in 1996 the county completed its first EAR. That Comprehensive Plan Evaluation and Appraisal Report (EAR) was adopted by the Board of County Commissioners (Board), submitted to the State of Florida Department of Community Affairs (DCA), and found by DCA to be sufficient. In 1998, the Board of County Commissioners amended the County's Comprehensive Plan to incorporate the findings and recommendations of the 1996 EAR. In February 2006, again under the pre -2011 state requirements, staff started work on preparing the county's second Evaluation and Appraisal Report. According to the state rules then in effect, Indian River County had to submit its adopted EAR to the state by December 1, 2008. On November 18, 2008, the Board of County Commissioners approved the County's second EAR. That EAR was submitted to the state and found sufficient on February 25, 2009. On October 12, 2010, the Board of County Commissioners amended the Comprehensive Plan to incorporate the findings and recommendations of the 2008 EAR. In 2011, the state made several "streamlining" changes to the process for review and approval of comprehensive plan amendments and evaluation processes, including EAR requirements. At that time, the state also replaced DCA with the DEO (Department of P276 Economic Opportunity) which contains a community planning section. The newer evaluation and appraisal requirements are contained in Florida Statutes 163.3191 (see attachment #1). Effective June 2, 2011, local governments now have more discretion in determining whether they need to conduct an update to their comprehensive plan and how such updates may be conducted. As such, local governments no longer need to submit evaluation and appraisal reports to the state DEO for a sufficiency determination. Instead, each local government must comply with the following new evaluation and appraisal provisions: 1. At least every seven years, determine whether or not the comprehensive plan needs to be amended to reflect changes made to state requirements since the last time the comprehensive plan was updated. Local governments must notify the state land planning agency by letter of this determination. 2. If the local government determines amendments to the comprehensive plan are necessary, the local government must prepare and transmit the necessary amendments to the state within one year of such determination. 3. Any local government failing to timely submit a notification letter or make the necessary amendments within one year of notification may not amend its comprehensive plan until it complies with the notification and/or amendments requirements. For item #1 above, Indian River County's deadline is October 1, 2017. By that date, the County must submit a notification letter to DEO indicating whether or not the County's Comprehensive Plan needs to be amended to reflect changes in state requirements since the last time the comprehensive plan was updated. At this time, the Board needs to determine whether or not the County needs to revise its comprehensive plan to comply with state requirements and notify the state land planning agency (DEO) of its determination. ANALYSIS: Per FS 163.3191 requirements, the County does not need to prepare an Evaluation and Appraisal Report (EAR) as was done in 1996 and 2008. However, the Board of County Commissioners must determine whether the need exists to amend the comprehensive plan to reflect changes in state requirements enacted since the last time the comprehensive plan was updated. If the Board decides that the County's Comprehensive Plan must be updated, the updated plan must be submitted to the state by October 1, 2018. In determining whether the need exists to amend the Comprehensive Plan, the County needs to review the goals, objectives, and policies of the Comprehensive Plan elements and sub -elements, since those sections constitute the "action plan" components of the plan. Since the last EAR based amendments were adopted in 2010, various sections of the County's Comprehensive Plan have been revised and updated to ensure consistency with the state requirements and to reflect changes in local conditions. In fact, on August 16, 2016 the Board adopted a broad set of Comprehensive Plan update amendments to numerous plan elements (see attachment #2). Recently, Community Development staff, in coordination with staff from various departments and divisions, reviewed the Comprehensive Plan goals, objectives, and policies and determined that the plan meets 2 P277 existing state requirements and is not required to be updated at this time. Staff's finding is that the County's Comprehensive Plan is currently in good shape, having gone rigorous evaluations and through adjustments in 1996-1998 and 2008-2010, and was amended several times since then with the last major update being completed in 2016. Although there is no need to evaluate and update the Comprehensive Plan at this time, staff believes that a thorough evaluation and appraisal process followed by an amendment update will be needed in several years when data from the 2020 U.S. Census are available. Those data will be used to update the conditions, data, and analysis sections of various plan elements and sub -elements and will arrive at a time (perhaps 2022) when needs, trends and opportunities relevant to various comprehensive plan components should be re-evaluated. Thereafter, the County could conduct a major evaluation and appraisal process every ten years, when "fresh" and up-to-date data are available from each subsequent decennial U.S. Census. Meanwhile, staff will continue to propose and process minor changes as needed to keep the County's Comprehensive Plan up to date and in compliance with state requirements, and will continue to process individual amendment requests and any County initiatives. RECOMMENDATION: Staff recommends that the Board of County Commissioners direct staff to submit a notification letter to the state indicating that the Board has determined that it is not necessary to amend the County's Comprehensive Plan at this time to reflect changes in state requirements since the last update of the Comprehensive Plan. ATTACHMENTS: 1. Section 163.3191, Florida Statutes 2. Minutes from 2-16-16 BCC meeting FACommunity Development\EAR\2017 EAR\EAR based amendment -BCC 2017.doc P278 Select Year: - 2016 v Go' • _ - . I-�..._-) The 2016 Florida Statutes Title XI -Chapter 163 View Entire COUNT( ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chame RELATIONS 'PROGRAMS 163.3191 Evaluation and appraisal of comprehensive plan. - (1) At least once every 7 years, each local government shall evaluate its compreherisive,plan to determine if plan amendments are necessary to reflect changes in state requirements in :this part since the last update of the comprehensive plan, and notify the state land planning agency as to its determination. (2) if the local government determines amendments to its comprehensive plan are necessary to reflect changes In state requirements, the local government shall prepare and transmit within 1 year such plan amendment or amendments for review pursuant to s. 163.3184. (3) Local governments are encouraged to comprehensively, evaluate and, as necessary_,. update comprehensive plans to reflect changes in local conditions. Plan amendments transmitted pursuant to this section shall be reviewed pursuant to s. 163-3194(4). (4) If a local government fails to submit its letter prescribed by subsection (1) or update"its plan pursuant to subsection (2), it may not amend its comprehensive plan .untit such time as it complies with this section. (5) The state land planning agency may not adopt rules to implement this section, other than procedural rules or a schedule indicating when local governments must comply with the requirements of this section. History.—s. 11, ch. 75-257; s. 10, ch. 85-55; s 11, ch. 86-191; s. 10,.ch. 92.129; s. 13, ch. 93-206; s. 6, ch. 95.322; s. 29, ch. 96.410;.s. 5, ch. 96-416; s. 4, ch. 98-146; ss. 6, 14, ch. 98.176; s. 5, ch. 98-258; s. 17, ch. 2000-158; s. 9, ch. 2002-296; s. 905, ch. 2002-387; s. 4, ch. 2004-230; s. 8, ch. 2005-290; s. 12, ch. 2005-291; s. 13, ch. .2007-196; s. 5, ch. 2007.198; s. 4, ch. 2007-204; s. 5, ch. 2010.205; s. 20, ch, 2011-139; s. 8, ch. 2012-96; s. 9, ch. 2012-99. Copyright 0 1995-2016 The Florida Legislature •• Privacy Statement • Contact Us �7 P279 ------ ------- ------------- ----- ------------ ------ -------------- ---- - --------------------------------------------------- the Risk Manager has received and approved the required insurance; and authorized the P�chasing Manager to renew a�fy' subsequent extensions authorized under the.Contract if in the best in/est of the County. 9. CONSTITUTIONAL OFFICERS acrd GOVERNMI NTAL AGENCIES 10:44 A. Indian River County Sheriff `Derv) Lo a.m. Request for Transfer of $8,595"28 Forfeiture Proceeds to Substance Awareness Center Pursuant to Florida State S6?te 932.7055 (letter dated_ August_4,_ 2016) 551 ---------------------------------------- ------------------------ Sheriff Deryl Loar requeste autlri► ization to transfer $8,_595.28 of the acquired forfeiture procee of real o ersonal property to the Substance Awareness Center. ON MOTION by Vi Chairman Flescher, ftCO.NDED by Commissioner Davis, the Board inanimously approved th transfer of $8,595.28 of acquired forfeitu proceeds to the Substance Awa eness Center. The Chairni called for a break at 10:45 a.m., and rec nvened the meeting at 10:57 a.riy�-., with all members present. 10. PUBLIC ITEMS 1.0:57 A. PUBLIC HEARINGS a.m. 1. County Initiated Request to Amend (Update) the Text of Several Elements of the County's Comprehensive Pian (memorandum dated Au ust 8, 2016 552-615 Legislative PROOF OF PUBLICATION OF ADVERTISEMENT FOR !-TEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Stan Boling provided background and outlined the proposed text amendments to the County's Comprehensive Plan. Discussion ensued regarding Fellsmere's annexation amendment process and infrastructure impacts. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, sought and received information pertaining to Planned Developments (PD's). There being no other speakers, the Chairman closed the Public Hearing. Board of County Commission Minutes Page 13 August 16, 2016 Ocf11YlC `.' P280 ON MOTION by Commissioner O'Bryan, SECONDER by Vice Chairman Flescher, the Board unanimously adopted Ordinance 2016-008, amending the text of the future Land Use, Transportation, Economic Development, and Recreation and Open Space Elements, and Solid Waste Sub -Element of the County's Comprehensive Plan; and providing codification, severability, and effective date. B. PUBLIC DISCUSSION ITEMS (As a genes' rule, public discussion items should be lim'ted to matters on which the commissi , n may take action.) 11:1.7 1. Requi t to Speak from Keith D. Kite Reg ing Hotels a.m. ------------------------------------------------ -------------------------------------------- 616 -617 --- Keith trate, 104_5 Winding River . oad, Vero Beach, highlighted some fac# yrs that he thought could facilitate hotel growth in Indian River Coni He urged the/Board to stay active in business sustainabilit tourism mark ting, and the local environment. Discussions ensued as the oard posed questions to Mr. Kite. Allison McNeal, Rtd.fan River County Chamber of Commerce Tourism Directorsaid she would provide the Board with a Countywide Fir 'ear Monthly Occupancy Rate Comparison Report. ,� \ 12:00 2. Request to Speak from 0(ford Economic Development Council p.m. Regarding Gifford Follow_ -Up 18 Scott, 4306 26m venue, representing the Gifford --'--------------------------------------------------------- WandaEeonom,ics Development Count discussed some of the factors that s ' believed were impacting�ie economic stability of Gifford. C. None rman Solari asked staff to \ iditures have been made for the Administrator Brown clarified the Municipal Service Benefit Unit pending project for drainage imps 11. COUNTY ADMINISTRATOR MATTERS wide a report on which fiord area. budget amounts for the and spoke about the 12:23 A. Department Head Appointment p.m. __(memorandum datedAugust 9, 2016) 619 Board of County Commission Minutes Page 14 August 16, 2016 P281 �� 3/3/2017 g z -c Al a r ei� -7/ i '1 Board of County Commissioners March 7, 2017 Evaluation And Appraisal Report (EAR) Notification 17 „ Planning Process ■ Prepare and Adopt Plan ■ Implement (adopt LDRs) ■ Evaluate By topic (ad-hoc) Local update Rigorous EAR process ■ Revise plan (adopt amendments) Individual application Local update (staff initiated) EAR -based IRC Comprehensive Plan History IRC Comprehensive Plan • First Plan adopted In 1982 • Current Plan adopted on February 13,1990; updated multiple times First Evaluation and Appraisal Report (EAR) Adopted on December 17, 1996 Comprehensive Plan EAR Based Amendments Adopted on.March 17, 1998 Second EAR Adopted on November 18, 2008 EAR Based Amendments Adopted on October 12, 2010 3/3/2017 2 1982 Comprehensive Plan INDIAN RIVER COUNTY COMPREHENSIVE PLAN 1990 Comprehensive Plan 3/3/2017 3 M i 1996 EAR 1998 Comprehensive Plan 3/3/2017 2010 Comprehensive Plan 3/3/2017 5 Purpose of the EAR Prior to June 2, 2011, each local government had to periodically prepare an EAR to: ■ assess the success or failure of its comprehensive plan ■ address changed conditions, and ■ identify needed revisions to its comprehensive plan Effective June 2, 2011 local governments have more discretion in determining whether they need to conduct an update to their comprehensive plan and how such updates may be conducted local governments no longer need to submit EAR to the state DEO for a sufficiency determination 3/3/2017 A adi 6 After June 2, 2011 Each local government must comply with the following new EAR provisions(FS 163.3191) • At least every seven years, determine whether or not the comprehensive plan needs to be amended to reflect changes made to state requirements since the last time the comprehensive plan was updated • Notify the state land planning agency by letter of this determination EAR Based Amendments • If BCC determines that amendments are necessary, transmit amendments to the state within one year of such determination • Any local government failing to timely submit a notification letter or make the necessary amendments within one year of notification may not amend its comprehensive plan until it complies with the notification and/or amendments requirements 3/3/2017 7 E EAR Notification Letter BY October 1, 2017 the County must submit a notification letter to DEO indicating whether or not the County's Comprehensive Plan needs to be amended to reflect changes in state requirements since the last time the comprehensive plan was updated Indian River County Comprehensive Plan List of Elements and Sub -Elements Introductory Element Future Land Use Element Infrastructure Sanitary Sewer Sub -Element Potable Water Sub -Element Solid Waste Sub -Element Natural Groundwater Aquifer Recharge Sub -Element Stormwater Management Sub -Element Transportation Element Economic Development Element Capital Improvement Element Housing Element Conservation Element Coastal Management Element Recreation and Open Space Element Intergovernmental Coordination Element Public School Facilities Element 3/3/2017 Goals, Objectives, and Policies In determining whether the need exists to amend the Comprehensive Plan, the County needs to review the goals, objectives, and policies of the Comprehensive Plan elements and sub - elements (the "action plan" components of the plan) Staff Finding Staff's finding is that the County's Comprehensive Plan is currently in good shape : • Went through rigorous evaluations and thorough adjustments in 1996-1998 and 2008-2010, and • Was amended several times as needed since 2010 with the last major update being completed in 2016 3/3/2017 9 Conclusion: • No need to update IRC's Comprehensive Plan at this time under FS 163.3191 Preferred Schedule: • Conduct a thorough evaluation and appraisal process when data from the 2020 U.S. Census are available (probably 2022) Recommendation Staff recommends that the BCC direct staff to submit a notification letter to the state indicating that the Board has determined that it is not necessary under FS 163.3191 to amend the County's Comprehensive Plan at this time 3/3/2017 IDF I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Roseland Community Center — Request for BCC Direction DATE: February 28, 2017 DESCRIPTION AND CONDITIONS On October 9, 1984 the Board of County Commissioners entered into a Lease agreement with the Roseland Women's Club, a non-profit organization, to lease the Roseland Community Center for the sum of $1.00 per year. The Lease was for a term of 20 -years with the Lease expiring on October 8, 2004. To date, the Lease has not been renewed by the Roseland Women's Club. In November 2015, Public Works Facilities Management was directed to address the differential settling of the Roseland Community Center building. MBV Engineering was employed to evaluate the building differential settlement and provided engineered drawings to address the issue. MVB provided engineered drawings to the County and Summit Construction of Vero Beach, LLC provided a quote of $30,000 to the County on November 2, 2016. The project began on February 6, 2017 and was anticipated to be complete on March 6, 2017. In preparation for raising the building, the excavation of the support piers and structural members of the building was required. At this point, substantial termite damage to the structural members of the building was uncovered. Additionally, substantial termite damage to the sub -flooring of the building was discovered as well as termite damage to the southern portion of the building that was buried. At this point, the contractor was directed to cease construction and to evaluate the overall termite damage of the building and provide the County with a preliminary cost estimate to repair the termite damage to the building. During the investigation to determine the extent and cost of repairs it was found that the south side of the structure was settling and must be raised at the same time the east side of the structure is raised. The contractor has provided a very preliminary estimate of $150,000 to $200,000 to repair the termite damage to the building. A separate cost estimate to raise the southern portion of the building while raising the eastern portion of the building was determined to be $40,000. Staff has had a brief conversation with Verna Moreira, President of the Roseland Women's Club with regards to the current status of the building. Staff discussed the possibility of the Roseland Women's Club taking ownership of the building "as -is". Ms. Moreira stated that she would discuss this with her Board. Staff is seeking Board Direction as to the followine options: Option 1- Obtain a Consultant to fully evaluate the building for damage and provide an estimated cost for repair of the damaged areas of the building. It is estimated that this option will cost approximately $30,000 and take 12 to 16 weeks to complete. Option 2 — Complete the current project of raising the east side of the building and authorized an additional $40,000 to raise the south side of the building at the same time to reduce mobilization and excavation costs. Determine a cost for repair of the remaining termite damage to the building at a later date. C:\Users\rszpyrka\Desktop\ltem Folders\Roseland Community Center\BCC Agenda Memo for Roseland Community Center 022817.doc Page 2 Roseland Community Center BCC Agenda Item for March 7th, 2017 Option 3 — Offer to donate the building to the Roseland Women's Club "as -is" with restrictions as to resale of the property. Option 4 — Demolish the building and septic system and reevaluate the use of the property at a later date. FUNDING This expenditure is not currently budgeted. Funds would be provided by a budget amendment from General Fund/Reserve for Contingency. RECOMMENDATION Staff recommends Option 3 — Offer to donate the building to the Roseland Women's Club "as -is" with restrictions as to resale of the property. If this is not feasible for the Roseland Women's Club, then Staff recommends Option 4 - Demolish the building and septic system and reevaluate the use of the property at a later date. ATTACHMENTS 1. None. AGENDA ITEM FOR March 7.2017 C:\Users\rszpyrka\Desktop\ltem Folders\Roseland Community Center\BCC Agenda Memo for Roseland Community Center 022817.doc P283 N, 't,, BRIEFING STATEMENT THE ROSELAND WOMEN'S CLUB AND COMMI The Roseland Women's Club provides social, community and civic activi members and the surrounding communities. The Club enhances memb issues and resources through speakers and onsite visits to various comn The Club maintains a Community Building for civic group activities inclui programs, yoga, meditation, and exercise), family celebrations, and othi the Building for repairs, seven groups serving community needs used th year round. Prior to closing, our Building was a designated Safe Haven s Methodist Church Preschool. The Building is a valued resource serving a variety of other community r on weekends), such as birthdays, bridal showers, wedding and graduatii services. The Roseland Women's Club is a "not for profit" organization that has a rentals to help maintain the property. An annual fundraiser provides fui of other community entities supporting health and welfare for those in i The Ecumenical Council -Food Pantry, Shiloh Youth Ranch, VNA Hospice, Middle School - Cowboy Roundup, Micco Library, and IRCN library subsc The Roseland Women's Club has been providing community services fr completion in 1929. MEETINGS Roseland Women's Club Meetings are held in the Roseland Community Building on the FIRST Wednesday of the month at 1:30 September through April. The Spring Luncheon is held the FIRST Wednesday in May at 12:00 Noon. A social hour follows each meeting. NEW MEMBERS ARE WELCOME PROGRAMS AND EVENTS Sept — monthly meeting Oct — monthly meeting Nov — monthly meeting Honoring Veterans Nov -Annual Picnic at Dale Wimbrow Park Dec — monthly meeting Christmas Program Jan — monthly meeting Feb — monthly meeting Sweethearts Day Feb — ANNUAL RUMMAGE SALE at Roseland Community Building Mar — monthly mtg. Bingo/hospital tray favors Nominations of Officers & Board April — monthly meeting Election of Officers & Board May — Spring Luncheon Installation of Officers & Board An ANNUAL American Legion RUMMAGE Arthritis Fund SALE is o_ ur Care main Care Net fundraiser. Crisis Pregnancy Center Dimes for Liberty Ecumenical Council Fellsmere Library Florida Children's' Home All proceeds Florida Sheriffs Boys Ranch are donated. Hacienda Girls Ranch Home Nursing Service -IRC Hospice of Brevard County Hospice of IRC Indian River Hospital Listed are Indian Scholarship some of the Indian Welfare International Scholarship organizations IRC Volunteer Ambulance donated to Little League No. IRC since 1923. March of Dimes Meals on Wheels — Brevard Meals on Wheels — IRC Micco Fire Dept. Micco Library National Polio Foundation New York City Firefighters Fund North County Library Okeechobee Boys School Our Father's Table Radio Free Europe Red Cross Retarded Children -Hope Chest Roseland Christian Preschool Roseland Library Roseland Methodist Church Roseland Sunday School Roseland Volunteer Fire Dept. Safe Space Samaritan Center Sebastian Historical Society Sebastian School Seminole Indian Student Fund Shiloh Youth Ranch SOS Cookies Special Olympics — Brevard Special Olympics — IRC St. Williams Mission The Lord's Table The Source United Fund of IRC wOmewtti cLr StI+o& 1923 Roseland Women's Club is a charitable not for profit organization bringing together women from Indian River and Brevard counties. HISTORY 1921 — November 14", The Roseland Civic League was formed for the improvement of Roseland. Fee for membership $1 with meetings once a month or on call, and held at homes of members. Money is used to clean streets starting at the depot going west. 1922 — February 8t', meeting voted to take in the men as associated members. It was voted to get in touch with the power company to see about electric light installation and to see what it would cost to have a phone installed, to be located in the Post Office. 1923 — March 1 s`, it was suggested to change the name of organization from Roseland Civic League to ROSELAND WOMEN'S CLUB. Permission was received from Indian River County to construct a building on county land along the Sebastian River, which had been reserved for a park. 1927 — March, The Clubhouse building was started. The Underpinning came from the old bridge; many people donated time, money, windows and screens. Lumber was purchased for $256.57. 1928 - $138.83 paid for further supplies. The building was painted green. 1929 — The building of the clubhouse was completed. A safety marker at the railroad crossing in Roseland was a necessity and the Roseland Women's Club arranged for that by purchasing two $25 bonds.. 1929 — The community's first telephone installed in the Post Office, which Roseland Women's Club paid $50 installation charge. 1940 — The phone was taken out of the Post Office, as many new and private phones were being installed in the village. 1942 — The underpinning of the Clubhouse was examined and needed repairing. A donation of $10 was received for this repair. The underpinning of the Clubhouse was repaired, also that of the outhouse. At each meeting the war news of the day was discussed with the members working on various Red Cross projects. 1949 — Roseland Women's Club started the area's first library at the clubhouse until the 1980s, when the North Indian River County Library was opened. 1949 — Roseland Women's Club paid in full $258 for new dock built behind community building. 1953 — Roof repairs completed, the remodeling of kitchen and building of the powder room will start. 1957 — February 7, a limit of $2500 for the building addition was passed. 1959 — January 19`h, the Indian River County Commissioners requested that Roseland Women's Club be the designated custodians of the Roseland Community Building. This arrangement is still in effect today. 1996 - The building was renovated inside and out with A/C and heat added. PRESENT DAY — We continue our philanthropies. CLUBHOUSE 1 COMMUNITY BUILDING In addition to providing a gracious setting for our various club activities, the Clubhouse is available to rent for functions. i r � t x .� r HEIGHTS'~ v3jJ i � � Mo•BayGrill j u b % � r � � �, �,• PkrU�ralt's,r J Nsrh F�xa t'at 7{r:. s;�ssuan u��;r . 1i ifr �I% Map dala.tJ1014 Google Roseland Women's Club 12973 83rd Avenue (Bay Street) P.O. Box 342 Roseland, FL 32957 Office of INDIAN Attorney's Matters - B. CC 03.07.17 0A RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney V1__ February 22, 2017 SUBJECT: Affordable Housing Advisory Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Citizen who represents employers within County" representative vacancy on the Affordable Housing Advisory Committee, which term expires in January 2018. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position, whose rdsumd and application is available for review in the Commissioners' Front Office area: Steven Duerringer RECOMMENDATION. The County Attorney recommends that the Board review the applicant's rdsumd and application, and determine whether to appoint him to fill the unexpired term for the "Citizen who represents employers within County" representative to the Affordable Housing Advisory Committee. ATTACHMENTS Application Resume F:\Attomey\Christina\COMMITTEES\General MatterARCC Agenda Memos1170216 Committee Appointment (AHAC) - Duerringer doex INDIAN RIVER, COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: Steven Paul -Duerringer Date:. 2/10!17 — Full Name: teven Paul .Duerringer Email Address: Ftevenduerdnger@g'mailt.co Street Address (No P.O. Boxes): 101.6 24th Ave Horne Phone: 15395651 Work Phone: .229959.99 Cell Phone: 415395681 How long have you been a resident of Indian River County? -months Are you a full or part time 'resident? Check one: Pull Time✓, Part Time❑ Please list current employer or business. If retired; please list any business experience that may be applicable to the committee. manage the Carrabbes Italian Grill on US -1 and 12th Street Please list any licenses you presently hold: -ood Service Management. License, Resportsible Alcohol Distribution License Please list any organization of which you are currently a member. ,lease ust any otner committees or Doaras. you currently siton: lone Continued on next page P285 Place a check mark next to the committee(s) you would like to .serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE Q AGRICULTURE ADVISORY COMMITTEE ❑ BEACH & SHORE PRESERVATION ADVISORY COMMITTEE ❑ CHILDREN'S SERVICES ADVISORY COMMITTEE ❑ CODE ENFORCEMENT BOARD ❑ COMMUNITY DEVELOPMENT BLOCK GRANT ❑ CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ❑ ECONOMIC DEVELOPMENT COUNCIL 0 ENTERPRISE ZONE DEVELOPMENT AGENCY ❑ ENVIRONMENTAL CONTROL HEARING BOARD ❑ MPO BICYCLE ADVISORY COMMITTEE ❑ MPO CITIZEN ADVISORY COMMITTEE ❑ NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE ❑' PLANNING A ZONING COMMISSION ❑ SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE ❑ TOURIST DEVELOPMENT COUNCIL ❑ TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD ❑ . TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ Please printend return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 3296:0, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. <xxfF`Pw��ly P286 STEVEN DUERRINGER RESTAURANTEUR/ LEADER (941) 539 5681 ; stevenduerringer@gmail.com Oduerringer Summary Education BAC-HELOR S OF ARTS- BUSINESS AND ECONOMICS HENDRIX COLLEGE 2002- 2006 Experience KINGWOOD HIGH SCHOOL KINGWOOD, TX 1998 - 2002 Proven', versatile restaurant leader with a track record of success in people development, retention, and job engagement.. Combines extensive'leadership training with best -in -class communication skills to provide informative and effective in-person coaching.and teaching. Graduated magna cum laude With a 3.82 GPA Founded the Franklin Literary Society in 2003 Member of the Student Senate 2004-2006 Treasurer of .College Republicans 2002-2003 President of the Kingwood Speech and Debate Team from 2001 to 2002 National Finalist in Lincoln -Douglas Debate and Domestic Externporan.eous Speaking RESTAURANT MANAGER Grew -restaurant sales at Royal Palm Beach location CARRABBA'S ITALIAN GRILL from $2.60 million in 2014 to $2:95 million in -201.5 while 2015 - present exceeding the 359 floW-through goal. Identified as Senior Manager after 1 yeat. Four consecutive months of positive sales and traffic growth since arriving in Vero Beach. Added value to .both environments by providing on-going feedback to Team Members and conducting clinics to hone their salesmanship skills and raise their standard of hospitality. MANAGING .PARTNER Promoted to General Manager in 2009 at theageof CHILI'S BAR & GRILL 25. Awarded the Norman Brinker Hospitality 2008-2014 Leadership Award at the 2012 Annual GM Conference., finishing 03 in the brand in total results. Acted in many leadership roles within the organization Including AVT champion, ared financial champion, and area guest satisfaction champion. GENERAL MANAGER Improved food cost by over 4% by implementing cost - HURRICANE GRILL & WINGS controls and operating systems designed at reducing 2006-2008 theff and waste. P287 Dylan Remgold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney County Attorneys Matters - B. C. C. 3.7.17 Oce of 136 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 23, 2017 SUBJECT: Public Meeting for Transmission Line Routes BACKGROUND. ATTORNEY On February 10, 2017, Florida Power & Light Company ("FPL") submitted a letter to Indian River County (the "County") indicating that FPL was proposing a 230 kilovolt ("kV") transmission route .connecting the proposed Indian River Solar Energy Center to the proposed Heritage Substation and a proposed connection from the proposed Heritage Substation to the existing FPL Malabar -Midway 230 kV transmission line. Per section 303.28 of the Indian River County Code of Ordinances, before an electric utility makes a final route selection for the construction of an electrical transmission line designed to operate between 68 kV and 230 kV, the electric utility is required to notify the County in writing. Within 30 days from the receipt of such notice, the County has the right to send a formal request to the electric utility requiring a public informational meeting within 60 days. Such meeting is held in the County Commission chambers. The electric utility pays for the cost of advertising the public informational meeting. The Indian River Solar Energy Center is the subject of a pending major site plan and special exception use approval to be located on the east side of 122nd Avenue SW, immediately north of the Indian River County/St. Lucie County boundary. This quasi-judicial matter is scheduled for a public hearing at the February 23, 2017 Planning and Zoning Commission meeting, and is tentatively scheduled for a public hearing at the March 21, 2017 Indian River County Board of County Commissioners (the "Board') meeting. Additionally, the Heritage substation is the subject of a pending major site plan and administrative permit use approval and is proposed to be located at the southeast corner of 98th Avenue and 4th Street. This item will require administrative permit use approval by the Planning and Zoning Commission without review by the Board. It is anticipated that this matter will be heard at the March 9, 2017, Planning and Zoning Commission meeting. F-UnamryVJ,A�1GENFRAIIACCUgndnMmos175n.emtrsbnLu N .kshp.decx P288 Board of County Commissioners February 23, 2017 Page Two FPL has requested that the Board not require the optional meeting for the transmission line. FPL notes in its letter, dated February 10, 2017, that the proposed route would traverse private lands and existing rights- of-way. FPL also states that the proposed alignment will be a significant distance from any nearby residence, eliminating any negative impacts to the public. FPL finally explains that FPL has already conducted significant public outreach related to the two proposed solar energy centers in the area, including conducting an open house at the Indian River County Intergenerational Center on January 26, 2017. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Board vote to decide whether to require FPL to conduct the public informational meeting. ATTACHMENTS Letter from FPL, dated February 10, 2017 F1A1—VVU.&1GFNFR1LVt C CIL4rndoM osVY—LW-LineftAshVd— P289 Dight, McGuire &dates, Inc. Consulting Engineers attd Planners 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 David S. might, P.E. Scott B. McGuire, PX, February 10, 2017 Phone: (772) 569.5505 Fay: Ga"AAS Please accept this transmittal as FPL's Section 303.28 notice of the proposed 230 kilovolt ("kV") transmission route connecting the proposed Indian River Solar Energy Center to the proposed Heritage Substation and subsequently, a proposed connection from the Heritage Substation to the existing FPL Malabar -Midway 230 kV transmission line. Attached herewith is a plan depicting the proposed location of the route, overhead clearances, locations of current and future road / right of way alignments, and other information required by the County FPL has secured easements from private landowners as well as conceptual approval for easements and/or crossings from both the St. John's Improvement District and the Indian River Farms Water Control District which covers the entirety of this proposed transmission alignment. Please note that, pursuant to Section 380.04(3)(b), Florida Statutes, work by any utility engaged in the distribution or transmission of electricity for the purpose of inspecting, repairing, renewing or constructing on established rights -of way any pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like is exempt from the statutory definition of "development", and is therefore not subject to any local government development permit. This includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting development of land under Chapter 163, Florida Statutes. With specific regard to the Section 303.28, FPL respectfully requests that the conduct of a public informational meeting not be required. As proposed, and as provided in the attached plan, the proposed route would traverse private lands and existing rights-of-way. Additionally, the proposed alignment lies a significant distance from any nearby residence, eliminating any negative impacts to the public resulting from the proposed transmission line. Furthermore, FPL has already undertaken a significant public outreach effort related to the two solar energy centers in this area of which this proposed transmission line is an integral part. On January 26, 2017, FPL hosted an open house for members of the public at the Indian River County Intergenerational Center. We have also meet on numerous occasions with members of the St. John's Improvement District Board as well as its staff, and the majority of the landowning entities in the vicinity of the proposed alignment during our pursuit of the required easements and rights-of-way necessary for the transmission line. Finally, information about both of the proposed solar energy centers and this transmission line is available via public websites and fact sheets that FPL were mailed to all adjacent landowners. Accordingly. FPL asserts that the incremental cost and schedule impacts resulting from an additional public informational meeting requirement are unnecessary. If you have any questions please do not hesitate to contact me. Sincerely David S. K-n-ight, P.E. P290 FEB 2017 Ryan Sweeney Senior Planner, Current Development Indian River County 1801 27th Street C4` Vero Beach, FL 32960 I ks is RE: Florida Power & Light Company ("FPL") — Proposed Overhead 230 kV Transmission Line Please accept this transmittal as FPL's Section 303.28 notice of the proposed 230 kilovolt ("kV") transmission route connecting the proposed Indian River Solar Energy Center to the proposed Heritage Substation and subsequently, a proposed connection from the Heritage Substation to the existing FPL Malabar -Midway 230 kV transmission line. Attached herewith is a plan depicting the proposed location of the route, overhead clearances, locations of current and future road / right of way alignments, and other information required by the County FPL has secured easements from private landowners as well as conceptual approval for easements and/or crossings from both the St. John's Improvement District and the Indian River Farms Water Control District which covers the entirety of this proposed transmission alignment. Please note that, pursuant to Section 380.04(3)(b), Florida Statutes, work by any utility engaged in the distribution or transmission of electricity for the purpose of inspecting, repairing, renewing or constructing on established rights -of way any pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like is exempt from the statutory definition of "development", and is therefore not subject to any local government development permit. This includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting development of land under Chapter 163, Florida Statutes. With specific regard to the Section 303.28, FPL respectfully requests that the conduct of a public informational meeting not be required. As proposed, and as provided in the attached plan, the proposed route would traverse private lands and existing rights-of-way. Additionally, the proposed alignment lies a significant distance from any nearby residence, eliminating any negative impacts to the public resulting from the proposed transmission line. Furthermore, FPL has already undertaken a significant public outreach effort related to the two solar energy centers in this area of which this proposed transmission line is an integral part. On January 26, 2017, FPL hosted an open house for members of the public at the Indian River County Intergenerational Center. We have also meet on numerous occasions with members of the St. John's Improvement District Board as well as its staff, and the majority of the landowning entities in the vicinity of the proposed alignment during our pursuit of the required easements and rights-of-way necessary for the transmission line. Finally, information about both of the proposed solar energy centers and this transmission line is available via public websites and fact sheets that FPL were mailed to all adjacent landowners. Accordingly. FPL asserts that the incremental cost and schedule impacts resulting from an additional public informational meeting requirement are unnecessary. If you have any questions please do not hesitate to contact me. Sincerely David S. K-n-ight, P.E. P290 rn ��. --- - N s E s c�i rf � anrt watz+u�iw b.1I II .R fot mnsI¢w (Tavvw. _ �Clld A -A yt A >DII[ ._.. 0 Baur $T S► � unmoor�Itwl�E ammommm unmoor FWW WA! I , 270 KY hZ 3 FltTT CULPEPPER & TERPENI CONSULTING ENOINEEM! t 1,A.0.,N, M,tM, . STlu.T•ff lYT MULL 111.l� r ISII Sk1-1 AGO XIO.1\T' VL•RV.W, t)dID i MIN! rSae•.331-• I'.�) -).w Nor • .v. n P292 nY eo. JA*. 1 1� le ST. Ia1P RQ � 1 *t 4m Sw - i} ' $7H ST. SW ry 9TH ST. t fjc Kv T -wt (V •T.LRw - SAM T I INC �IL -REVISIONS- roea 1 Immy fir•--�....r� . .� sc am .Ik . i. >riak K •/ tuc I it - w aartcsa start - --Ii, X �. errttefe ��-u _ •'s ax. mw 14m nae L ,a Iteen t:wt.,m r,r �eott er�otm b I mi P el[ clttQ b .! { • F w I ,n["am'e tae _cbmum w�ii or u• d� �� w autrna I ' .. rtt�ao Huta-e.r d � OerLT •eeAL stet 110 OIOI g10OK ate' I or p onatrh sEcmm B-8 + ea n wat • - ze eat a wr test* tswwm _ ast ntr r>oty mt ee To q • - tmt t r -u tort aunt lme Pr b I . I I1 Ib i U i ;� errtvnt rs .N11[a VIWOWr Jl ►; FL 19a 140. 24M wtctoha/zon FLORIDA POWER & LIGHT COMPANY ,vn. swe- ,ae ro. 16 -lob ELDORA TRANSMISSION LINE i P293 N CO A logo�. • 6 . 1 ■ ,■ _ :S;"rllir'i��J Ih„' ��1� ' 1 ' 1 •. I 11■��! __�. ,,_i. JILI�I�N: IIID I �►� .i�l 1 � ■■ ■ ■ INN I �■,. _ �■ �_ ■ - .. ■III --�-�] I FPLHeritage Substati.. It M n � ■ -FPL loll Blue ■■■�� IIII■= Mill r �slo Road Ct ME River S la Site N CO A Dylan Remgold, County Attorney William K DeBraal, Deputy CountyAttorney Kate Pingolt Cotner, Assistant County attorney County Attorney's Matters - B. C.C. 3.7.17 Office o, f (3e-- INDIAN 3�INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 24, 2017 ATTORNEY SUBJECT: Second Amended and Restated Indian. River Lagoon National Estuary Program Interlocal Agreement BACKGROUND. The Indian River Lagoon National Estuary Program Indian River Lagoon Council (the "IRL Council") was formed in February 2015, with the initial members including Volusia County, Brevard County, St. Lucie County, Martin County, the Florida Department of Environmental Protection, the St. Johns River Water Management District and the South Florida Water Management District. Initially, the Indian River County Board of County Commissioners (the "Board") chose not to join the IRL Council. In September 2015, the IRL Council was modified to include the IRC Lagoon Coalition, an independent entity formed by the City of Fellsmere, the City of Vero Beach and the City of Sebastian, as a member of the IRL Council. On November 22, 2016, the Board voted to take the necessary steps to become a member of the IRL Council. Per the First Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement, in order for Indian River County to serve on the IRL Council Board of Directors, the Board is required to approve the attached Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement reflecting the substitution of Indian River County as a party to the interlocal agreement and the withdrawal of the IRC Lagoon Coalition as a party to the interlocal agreement. If the Board approves the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement, the next step in the process will be for the IRL Council Board of Directors to vote unanimously to approve the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement. It is anticipated that the IRL Council Board of Directors will take action on the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement at its meeting on Friday, April 14, 2017. Indian River County will then be required to execute and record the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement. Finally, Indian River County will be required to refund to the IRC Lagoon Coalition the pro ,F•Utr—,9 &b1GE7VMUL1B C CWsnd.Af, aILRLNEPA. P295 Board of County Commissioners February 24, 2017 Page Two rata annual membership contribution previously paid by the IRC Lagoon Coalition for that portion of the fiscal year remaining from the date the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement is recorded. The County Attorney's Office has reviewed and recommends approval of the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement. FUNDING. Indian River County will be required to pay the pro rata annual membership contribution previously paid by the IRC Lagoon Coalition for that portion of the fiscal year remaining from the date the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement is recorded. The membership contribution was $50,000 for Fiscal Year 2016/17. Depending on the timing of the recording of the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement, the cost will be roughly $25,000 for the first year and $50,000 for each subsequent year. Although not currently budgeted, funds can be allocated through a budget amendment from General Fund/Reserve for Contingency to General Fund/Board of County Commissioners/Dues & Memberships - Acct # 00110111-035420. The cost for recording the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement will be $169.00. Funding for this expenditure is available from Account No. 00110214-034830 (General Fund/County Attorney/Recording Fees). RECOMMENDATION. The County Attorney's Office recommends that the Board vote to approve the Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement. ATTACHMENTS Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement P-WwnvAU,da4F,VE tAL%B CCNgmda AfmosVRLREP.do P296 SECOND AMENDED AND RESTATED INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM INTERLOCAL AGREEMENT This Indian River Lagoon National Estuary Program Interlocal Agreement (the "Agreement") is made and entered into this day of , 2017, by and between the following governmental entities: 1) Volusia County, a Florida political subdivision, 2) Brevard County, a Florida political subdivision, 3) St. Lucie County, a Florida political subdivision, 4) Martin County, a Florida political subdivision, 5) Florida Department of Environmental Protection, 6) St. Johns River Water Management District, 7) South Florida Water Management District and 8) Indian River County, a Florida political subdivision (each singularly, upon its execution of this Agreement, a "Party" and collectively, the "Parties). The following recitation of facts are provided in support of this Agreement: (A) The Indian River Lagoon National Estuary Program was designated in 1990 and formally established in 1991 to assist the Indian River Lagoon region located along the east - central and south-eastern coastal area of Florida in developing a comprehensive plan to restore and protect the Indian River Lagoon. The Indian River Lagoon National Estuary Program is part of a national network of twenty-eight (28) estuary programs established under the Federal Clean Water Act and administered nationally by the United States Environmental Protection Agency. (B) Local and state government participants in the Indian River Lagoon National Estuary Program consisting of the Parties described above, as well as the United States Environmental Protection Agency, U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, Florida Marine Research Institute and the United States Army Corps of Engineers, developed a Comprehensive Conservation and Management Plan for Indian River Lagoon (the "CCMP"), as required by the Federal Clean Water Act. The Parties are committed to successful implementation of the CCMP, as it may be amended from time to time. (C) The original Indian River Lagoon National Estuary Program Interlocal Agreement, dated February 19, 2015, became effective on February 24, 2015, and included all of the governmental entities listed above with the exception of Indian River County. The First Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement (the "First Amended Agreement") provided for the participation of the Indian River County area in the activities contemplated under this Agreement by adding the Indian River County Lagoon Coalition as a Party. P297 (D) As contemplated in Section 5.9 of the First Amended Agreement, Indian River County determined it would like to be a Party to the Agreement and serve on the Board of Directors. The purpose of this Second Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement is to provide for the inclusion of Indian River County, replacing the Indian River County Lagoon Coalition. (E) The Parties to this Agreement will sponsor and be responsible for the Indian River Lagoon National Estuary Program. NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, the receipt and adequacy acknowledged by them, the Parties agree as follows: ARTICLE 1 —INTRODUCTORY PROVISIONS 1.1 Recitals. The statements contained in the recitation of facts set forth above (collectively the "Recitation of Facts") are true and correct, and are made a part of this Agreement by this reference. 1.2 Exhibits. The exhibits, which are ,attached to this Agreement, are by this reference made a part of this Agreement. 1.3 Abbreviations and Definitions. The following abbreviations and definitions, in addition to those contained in the Preamble and Recitals, will be used for purposes of this Agreement, and will not constitute separate agreements unless otherwise stated below: (a) "Act" means Section 163.0 1, Fla. Stat., known as the "Florida Interlocal Cooperation Act of 1969." (b) "Agreement" means this Interlocal Agreement between the Parties as it is presently constituted or as it may be amended from time to time. (c) "Board of Directors" means the new policy board of the IRL Council, all as set forth in Article Five, below. (d) "Brevard" means Brevard County, a Florida political subdivision. (e) "CCMP" means the Comprehensive Conservation and Management Plan approved by the Parties, as amended from time to time. 2 P298 (f) "Counties" means collectively Volusia County, Brevard County, St. Lucie County and Martin County. (g) "Effective Date" means the date that all Parties have duly executed this Agreement and filing has occurred pursuant to Section 13.15 below. (h) "EPA" means the United States Environmental Protection Agency, a federal agency. (i) "FDEP" means the Florida Department of Environmental Protection, a Florida state agency. 0) "Indian River" means Indian River County, a Florida political subdivision. (k) "IRL Council" means the interlocal entity formed pursuant to this Agreement and Section 163.01, Fla. Stat., which will carry out the Indian River Lagoon National Estuary Program. (1) "Martin" means Martin County, a Florida political subdivision. (m) "NEP" means the Indian River Lagoon National Estuary Program. (n) "Regulatory Agencies" means the governmental agencies with regulatory authority over the activities of some of the other Parties, including the Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District and South Florida Water Management District. (o) "SFWMD" means the South Florida Water Management District, an agency of the Florida Legislature. (p) "SJRWMD" means the St. Johns River Water Management District, an agency of the Florida Legislature. (q) "St. Lucie" means St. Lucie County, a Florida political subdivision. (r) "Volusia" means Volusia County, a Florida political subdivision. ARTICLE 2 — CREATION 2.1 Interlocal Agreement. This Agreement is an interlocal agreement, as contemplated by the Act and other applicable law. All of the Parties qualify to enter into this 3 P299 Agreement under such Act. The Parties provide for and create this new, independent organization, known as the IRL Council, which shall be responsible for the Indian River Lagoon National Estuary Program. The purpose of the IRL Council is to carry out the goals of the Indian River Lagoon National Estuary Program as set forth below. 2.2 Immunity. Pursuant to subsection (9) of the Act, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agent or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies will apply to the same degree and extent to the performance of such actions and duties of such officers, agents, or employees extraterritorially under the provisions of this Agreement. 2.3 Territory. The geographic territory of the NEP, as operated by this IRL Council, and as it may be amended from time to time, is situated within the Counties of Volusia, Brevard, Indian River, St. Lucie and Martin. ARTICLE 3 — TERM 3.1 Term. The term of this Agreement commences on the Effective Date and continues until terminated. The last day of the Agreement will be the termination date more fully described in Article 12 below. 3.2 Sunset Review. This Agreement will be reviewed by the Board of Directors approximately five (5) years from the Effective Date of this Agreement and on or about each five (5) year period thereafter. The Board of Directors shall pass a resolution on whether to terminate this Agreement, amend this Agreement or continue this Agreement for another (5) five year period. Notwithstanding the voting requirements contained in Article 12 below, a vote to terminate conducted as a part of this sunset review will be effective upon a majority vote of the Parties provided such vote occurs thirty (30) days before or after the expiration of the five (5) year period and provided a vote under this provision is specifically referenced with the meeting notice and appears on the meeting agenda. Should no action occur, this Agreement will continue for another (5) year period. ARTICLE 4 — GOALS The goals of the Parties are those goals set forth in the CCMP, as may be amended from time to time pursuant to revisions to the CCMP. The goals contained in the CCMP as of the date of this Agreement are set forth in Exhibit A to this Agreement. All goals are intended to be achieved through reasonable and cost-effective restoration and pollution reduction projects. The 4 P300 Board of Directors shall consider whether projects are financially and technologically feasible and cost effective in returning the Indian River Lagoon to health. ARTICLE 5 — STRUCTURE OF THE IRL COUNCIL 5.1 IRL Council. The Parties agree to the formation of the IRL Council to carry out the Indian River Lagoon National Estuary Program. 5.2 IRL Council Authority & Powers. The IRL Council will have the following powers: (a) To employ personnel to carry out the functions of the IRL Council and to determine, adopt and implement a personnel policy for the recruitment, retention, supervision. discipline and evaluation of employees; (b) To make purchases and enter into contracts in the name of the IRL Council, which will not constitute obligations of the Parties individually; (c) To purchase, lease, receive or otherwise acquire, own, hold, sell, convey, dispose, divert or distribute real or personal property; (d) To accept gifts, aid, grants, assistance funds or bequests, from any source, public or private; (e) To sue and be sued, complain and defend in its own name in all forums, notwithstanding the immunity protections provided by law; (f) To adopt policies and procedures pertaining to any of its operations; (g) To exercise all privileges, immunities and exemptions accorded to Parties individually under law; (h) To appoint advisory, administrative or operating committees to assist the IRL Council in the exercise and performance of the powers and duties provided for under this Agreement; (i) To appear on its own behalf before boards, commissions, departments or other agencies of municipal, county, state or federal government; 5 P301 (j) To exercise all other powers as may reasonably be implied under this Agreement and/or necessary to carry out the purposes of the IRL Council. The IRL Council will not have the power to promulgate, issue or make rules or regulations, issue bonds, levy taxes, charge rates, fees or rents, condemn or assume any additional governmental powers by the other Parties except as specifically allowed by this Agreement. 5.3 Transition. Once the IRL Council is fully operational, as described in this section, all tangible personal property, assets, field equipment, funds and copies of all records of the SJRWMD used specifically by or for the NEP and the IRL Council employee(s) will be offered by SJRWMD, after consultation with EPA, to the IRL Council. The IRL Council will have the opportunity, after due diligence and review, to accept the offer of SJRWMD, in whole or in part. In order to become fully operational, the Board of Directors must first (i) approve an Operating Procedures Manual establishing procedures the IRL Council will follow in its operations, including hiring/termination, pay/compensation benefits, procurement of services and general policies and (ii) enter into agreements with third parties to provide administrative support to the IRL Council and the Board of Directors. After affirmative acceptance by and effective transfer to the IRL Council, responsibility for any grants, contracts, and other legal documents in the name of SJRWMD on behalf of the NEP will be transferred to the IRL Council and the IRL Council shall be bound to the terms and conditions contained therein. 5.4 Board of Directors. All powers, privileges and duties vested in or imposed upon the IRL Council will be exercised and performed by and through a Board of Directors; provided, however, that the exercise of any and all executive, administrative and ministerial powers may be delegated to committees and/or an Executive Director. The Board of Directors will be comprised of one Director from each of the Parties to this Agreement and each Director will be entitled to one vote. EPA will be requested to provide a representative to attend meetings of the Board of Directors to provide technical assistance and present the position of EPA on issues to be considered by the Board of Directors. Each Party shall appoint its Director and an alternate to serve as their representative immediately upon adoption of this Agreement. Directors and alternates representing the Counties will be elected officials serving on the commissions or council of the Counties. Directors representing SFWMD or SJRWMD will be members of the Governing Boards and alternates representing SFWMD or SJRWMD will be staff of SFWMD or SJRWMD. The Director and alternate representing FDEP shall be at least a Deputy Director or equivalent position. In the event the Director or alternate will no longer serve the Party as an employee or elected official, the Party shall appoint a new Director or alternate. Each Party may change the initial or alternative director from time to time, but must provide to the IRL Council a minimum of two (2) business day's prior written notice before any meeting. The Board of Directors will have policy-making powers for the IRL Council, in addition to those powers explicitly set forth in this Agreement. The Board of Directors will serve without compensation. Co P302 5.5 Committees. The Board of Directors may appoint committees such as management, technical, administrative, operating or other committees to assist the IRL Council in the exercise and performance of the powers and duties provided for under this Agreement. In the absence of express delegated authority, any committees created by the Board of Directors shall not have decision-making authority. As necessary, EPA will be requested to provide a representative to attend meetings of such committees to provide technical assistance and present the position of EPA on issues to be considered by the committees. Each of the Parties may change either their initial or alternate representatives on any committees from time to time, but must provide to the IRL Council a minimum of two (2) days prior written notice before any meeting. Except as otherwise specifically set forth herein, all votes of any committee will be by a simple majority of the committee members. Members of all committees will serve without compensation. 5.6 Officers. At its first organizational meeting and in January each year thereafter, the Board of Directors will elect the following officers: (a) A chairperson of the Board of Directors who shall serve for a period of one year, or until a successor has been selected, whichever is later. The chairperson shall preside at all meetings of the Board of Directors and carry out any other duties assigned by the Board of Directors. (b) A vice -chairperson who shall serve for a period of one year, or until a successor has been selected, whichever is later. In the event of absence or disability of the chairperson, the vice -chairperson shall assume the duties of the chairperson and carry out any other duties assigned by the Board of Directors. (c) A secretary who shall serve for a period of one year, or until a successor has been selected, whichever is later. In the event of absence or disability of the vice - chairperson, the secretary shall assume the duties of the vice -chairperson and carry out any other duties assigned by the Board of Directors. In the event of a vacancy in any office, the Board of Directors shall elect a replacement to serve the balance of the unexpired term. 5.7 Additional Board Members. Should other governmental entities or Regulatory Agencies desire to become a party to this Agreement and have a Director on the Board of Directors, the representation must be unanimously approved by the Board of Directors in its sole and absolute discretion. Such new party must execute and comply with all of the provisions of this Agreement and be willing and able to contribute funding as determined by the Board of Directors. The funding contributions in Article Eight below will be amended accordingly to VA P303 reflect any new party obligations, as of the first day of the next fiscal year of the IRL Council. Once a new party is approved it will become a member of the IRL Council and appoint a Director on the Board of Directors with voting rights consistent with the other Parties. 5.8 Bylaws. The Board of Directors by 2/3's vote may create and adopt Bylaws or appropriate rules of procedure that incorporate by reference the Operating Procedures Manual described in Section 5.3 above, for the IRL Council to use in its governance and which will remain in effect unless modified by the Board of Directors. The Bylaws may be initially created and adopted at the same time or before execution of the administrative support agreement described in Section 5.3 above. ARTICLE 6 — MEETINGS, QUORUM AND VOTING 6.1 Board Meetings. The Board .shall meet on a regular basis at such times and at such places as determined by the Board; provided, however, special meetings may be called by the chairperson and in his or her absence by the vice -chairperson. All meetings will be conducted in accordance with Section 286.011, Florida Statutes. 6.2 Quorum. A quorum for the transaction of business at any regular or special meeting of the Board of Directors or any committees will consist of a majority of the members of the Board of Directors or committee. Notwithstanding the foregoing, a majority of the members of the Board of Directors or any committee delegated decision-making authority present at,! meeting may act to continue the meeting to any date or time specified in the action. 6.3 Voting. Each Director or member of any committee will be entitled to one vote. Voting by proxy is not allowed. All Board action will require a majority vote of the Board of Directors present at the meeting, with the exception of the following: (a) Amendments to this Agreement, including the addition of any additional parties to the Agreement, will require unanimous approval by all Parties. (b) Approval of Bylaws or appropriate rules of procedure will require a vote of 2/3rds of the Board of Directors present at the meeting. (c) Termination of this Agreement will require a vote of 2/3rds of the Parties, unless made in conjunction with the Sunset Review described in Section 3.2. (d) Approval of the final budget will require a vote of 2/3rds of the Board of Directors present at the meeting. P304 (e) Removal of a member from the Agreement due to default will require a 2/3rds vote of all non -defaulting Parties (f) Purchases of real property will require a vote of 2/3rds of the Board of Directors present at the meeting. ARTICLE 7 — RESPONSIBILITIES OF THE PARTIES By entering into this Agreement, the intent of the Parties is to assure effective and timely implementation of recommended actions and to adjust strategies as needed in the future to keep the Indian River Lagoon's recovery on track. The Regulatory Agencies agree to expeditiously review permit applications and to provide the IRL Council information and procedural direction on permitting matters. ARTICLE 8 — BUDGETING AND FUNDING 8.1 IRL Council Budgets. The IRL Council will have a fiscal year ending September 30 of each year. Prior to March 1 of each year, a tentative budget outlining the proposed operating and other financial requirements for the upcoming fiscal year will be presented and considered by the Board of Directors for approval. The IRL Council will provide copies of the tentative budget to the Parties and EPA. Prior to June 1 of each year, a final budget will be presented and considered by the Board of Directors for approval and a copy of the final budget will be provided to each Party. The final budget will require approval by two-thirds (2/3rds) of all members of the Board of Directors present. The IRL Council shall comply with all notice requirements under Florida law in creating and approving the tentative and final budgets. 8.2 Budget Amendments. The adopted budget will be balanced and will be the operating and fiscal guide for the IRL Council for the upcoming fiscal year. The Board of Directors may from time to time amend the budget at any regular or special meeting. 8.3 Funding. Each Party will provide annual funding contributions to the IRI. Council to assist in covering the expenses outlined in the final budget and any amendments to the final budget. Except for the first fiscal year beginning on October 1, 2015, the Parties shall tender the annual contributions on or before September 15a' of each fiscal year. The annual contributions due for the first fiscal year of this Agreement will be made on or before October 15, 2015. The minimum annual contributions for each Party will be as follows: SJRWMD $500,000 SFWMD $500,000 FDEP $250,000 9 P305 Volusia County $50,000 Brevard County $50,000 St. Lucie County $50,000 Martin County $50,000 Indian River County $50,000 8.4 Additional Funding. Any gifts, grants, assistance funds or bequests from any source, public or private, will be in addition to the minimum funding contributions set forth above. 8.5 Annual Approval. Each member of the Board of Directors agrees to use its best efforts in securing the funding levels specified above through appropriate approvals from appropriate legislative or governing body each fiscal year. The Parties, however, acknowledge that any funding decisions remain within the sole discretion of each Party. Securing funding approval by the Party will be considered a condition precedent to the funding obligations of the Party each year. ARTICLE 9 — DEFAULT In the event any Party is determined to be in willful and significant noncompliance with the terms of this Agreement, the Board of Directors may, by a 2/3rds vote of all Parties except the Party charged with being in default, remove the non -complying Party from this Agreement. Prior to any such vote by the Board of Directors, the non -complying Party will be .given a notice of its non-compliance and an opportunity to remedy the problem within a reasonable period or through a public meeting before the Board of Directors if there is a dispute whether a default exists. If a Party is found to be in noncompliance with permits by the applicable Regulatory Agency(ies), the permitting agencies may take actions to enforce the permits against non- complying Party under the agency's laws and regulations. If any Party is removed under this Article, (i) any monies previously paid hereunder will be conclusively deemed earned and not subject to return to such Party, (ii) any future funding responsibility of such Party will terminate, and (iii) this Agreement will continue as to the remaining Parties. Provided, however, any funds paid before removal not expended, will only be used by the IRL Council in accordance with the approved budget for which such contribution was made. ARTICLE 10 —NOTICE Any and all notices required or permitted to be given hereunder will be in writing, and will be considered delivered if the notice is either personally delivered to each Party at the address set forth in Exhibit B, transmitted by electronic facsimile machine to the fax numbers listed, or sent by U.S. certified or registered mail, postage prepaid, return receipt requested, to 10 P306 such addresses, all such notices being effective upon delivery to and receipt by the Parties, unless the respective Party or Parties notify(ies) all other Parties in writing in accordance herewith of a change of address and/or representative at such address authorized to receive any and all such notices, in which case any and all such notices will be delivered and/or mailed as aforesaid to said Party or Parties at such new address with respect to such Party. In addition to the designated methods for delivery of notice set forth above, a copy of any and all notices may also be delivered by electronic mail. ARTICLE 11— WITHDRAWAL OF A PARTY Notwithstanding anything contained in this Agreement to the contrary, any Party has the right to withdraw as a Party to this Agreement. Counties shall provide ninety (90) days prior written notice of withdrawal and the remaining Parties shall provide one hundred eighty (l 80) days prior written notice of withdrawal. In the event all other Parties receive written notice of such withdrawal from the withdrawing Party, on the day following the conclusion of the notice period, the withdrawing Party will no longer be considered a Party to this Agreement. Provided however, even though such withdrawing Party will have withdrawn as a Party to this Agreement, the withdrawing Party will continue to be subject to all obligations and responsibilities of a Party with respect to required compliance with all applicable laws and regulations, without the benefit of being considered a Party to this Agreement. If a Party withdraws under this Article, (i) all monies previously paid hereunder will be conclusively deemed earned and not subject to return to such Party; (ii) the funding responsibility of such party will extend an additional one hundred eighty (180) days or until the next fiscal year whichever is longer, and (iii) this Agreement will continue as to the remaining Parties. ARTICLE 12 - TERMINATION 12:1 Termination Vote. This Agreement may be terminated by an affirmative vote of two-thirds of the Parties, unless made in conjunction with the Sunset Review described in Section 3.2. 12.2 Termination Requirements. Termination of this Agreement and dissolution of the IRL Council will be effective on the date the following requirements have all been met: (a) Upon the affirmative vote of not less than two-thirds of the Parties, the IRL Council shall provide written termination notices to each Party and EPA. (b) The IRL Council will pay or cause to be paid all outstanding obligations, debts or other liabilities and all known obligations, debts or other liabilities which may 11 P307 arise against the IRL Council in the future. All contracts will be terminated or assigned to another entity willing to assume the contract, should one exist. (c) Once all obligations, debts or other liabilities are satisfied, all remaining property, funds and other assets of the IRL Council will be distributed as determined by the Board of Directors with notice to EPA. (d) The IRL Council will comply with all other dissolution requirements under Florida law. ARTICLE 13 — GENERAL PROVISIONS 13.1 No Third Party Beneficiaries. This Agreement will inure to the benefit of the Parties. This Agreement is for the exclusive benefit of the Parties and will not be deemed to be made for the benefit of any other persons not so specified. 13.2 Modification. This Agreement may be modified, altered or amended only by a written instrument subsequently executed by the Parties as more fully described above. 13.3 Complete Agreement. This Agreement constitutes the full, complete and wholly independent agreement among the Parties. This Agreement also supersedes all prior agreements, understandings, representations, and statements among the Parties with respect to the matters addressed in this Agreement, either written or oral. 13.4 Severability Clause. If any clause, provision or section of this Agreement is found to be illegal or invalid by any court, the invalidity of such clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed .and enforced as if such illegal or invalid clause, provision or section had not been contained in this Agreement. 13.5 Governing Law. Existing and future laws, rules and regulations of the United States and its agencies, the State of Florida and its agencies and the other Parties to this Agreement will take precedence over the terms and provisions of this Agreement in case of conflict or inconsistencies between them. The laws of the State of Florida as applicable will govern the validity, performance and enforcement of this Agreement. 13.6 Sovereign Immunity. The Parties intend to avail themselves of the benefits of Section 768.28 and 163.01(9), Florida Statues, and of other statues and the common law governing sovereign immunity to the fullest extent possible. In accordance with Section 163.01(5)(o), Florida Statutes, the Parties are not jointly liable for the torts of the officers or employees of the IRL Council, or any other tort attributable to the IRL Council, and that only the 12 P308 IRL Council shall be liable for torts attributable to it or for torts of its officers or employees, and then only to the extent of the waiver of sovereign immunity or limitation of liability specified in Section 768.28, Florida Statutes. 13.7 Public Purpose. This Agreement satisfies, fulfills and is pursuant to and for a public purpose, is in the public interest, and is a proper exercise of each Party's power and authority under each Party's individual governmental authority. 13.8 Performance Standards. None of the provisions in this Agreement will be deemed in any manner to amend, modify or otherwise change any of the provisions, regulations or ordinances of any governmental agency which is a Party to this Agreement and does not allow a performance standard less than is otherwise required under the terms of those provisions or regulations or ordinances, except as specifically provided herein. 13.9 Survival. All of the representations and warranties set forth in this Agreement will survive the consummation of any and .all of the transactions described in the Agreement and the termination of this Agreement, and will not be deemed to be merged in the Agreement or any other instrument, which may be executed and delivered pursuant to this Agreement. 13.10 Authority. None of the Parties has any authority to bind or make any oral or written representations on behalf of the other Parties, and nothing contained in this Agreement will be construed to imply that any one or more of the Parties has formed a partnership or become an agent for any one or more of the other Parties. 13.11 Heading. The headings contained in this Agreement are solely for convenience of reference, do not constitute a part of this Agreement and will not affect its meaning, construction or effect. 13.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which may be executed by less than all of the Parties but all of which will be construed together as a single instrument. 13.13 Binding Effect. This Agreement will bind the successors and assigns of the Parties. 13.14 Waiver. No waiver of any provision of this Agreement will be deemed or will constitute a waiver of any provision of this Agreement. 13.15 Execution. This Agreement will not be effective nor will it have any force and effect until at least six (6) of the entities named in the introductory paragraph have duly executed 13 P309 this Agreement and it is filed with the Clerk of the Circuit Court of each county where each Party is located. IN WITNESS WHEREOF the Parties caused this Agreement to be executed, under seal, and will be deemed to have executed such, on the day and year designated. IRL COUNCIL Curt Smith, Chairman ATTEST: Secretary Approved as to legal form and sufficiency: P310 INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida Joseph E. Flescher, Chairman Iridian River County Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk BCC approved: of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: By: nReingold County Attorney 15 EXHIBIT A Goals of the Indian River Lagoon National Estuary Program' 1. To attain and maintain water and sediment of sufficient quality to support a healthy estuarine lagoon ecosystem; 2. To attain and maintain a functioning, healthy ecosystem which supports endangered and threatened species, fisheries, commerce .and recreation; 3. To achieve heightened public awareness and coordinated interagency management of the Indian River Lagoon ecosystem; and 4. To identify and develop long-term funding sources for prioritized projects and programs to preserve, protect, restore and enhance the Indian River Lagoon. ' The goals set forth above are contained within the CCMP in effect upon the date of this Agreement. In the event the goals in the CCW are modified in the future, the new goals will replace those contained within this Exhibit A. 16 P312 EXHIBIT B Address List If to Volusia County: County of Volusia County Manager 123 W. Indiana Avenue, Room 301 DeLand, Florida 32720 (386) 736-5920 (telephone) (386) 736-5707 (facsimile) JDinneen&volusia.org Copy to: County of Volusia County Attorney 123 W. Indiana Avenue, Room 301 DeLand, Florida 32720 (386)736-5950 (telephone) (386)736-5990 (facsimile) DEckerte,volusia.org If to Brevard County: Natural Resources Management Department Attn: Natural Resources Management Office Director Viera Government Center 2725 Judge Fran Jamieson Way, Bldg. A Viera, Florida 32940 Copy to: Stockton Whitten, County Manager Stockton.whittenkrevardcounty.us If to St. Lucie County: St. Lucie County County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 17 P313 Copy to: St. Lucie County County Attorney's Office 2300 Virginia Avenue Fort Pierce, Florida 34982 mcintyredgstlucieco.org If to Martin County: County Administrator Martin County Administrative Center 2401 SE Monterey Road Stuart, Florida 34996 Copy to: County Attorney's Office Martin County Administrative Center 2401 SE Monterey Road Stuart, Florida 34996 If to Florida Department of Environmental Protection: Agency Clerk Office of General Counsel 3900 Commonwealth Blvd., MS 35 Tallahassee, Florida 32399-3000 (850) 245-2212 (telephone) (850) 245-2298 (facsimile) Agency.Clerk@dep.state.n.us If to St. Johns River Water Management District: Executive Director St., Johns River Water Management District P.O. Box 1429 Palatka, Florida 32178-1429 (386) 329-4125 (facsimile) HTanzler@sjrwmd.com Ground Deliveries: 4049 Reid Street Palatka, Florida 32177 18 P314 If to South Florida Water Management District: South Florida Water Management District Attn: District Clerk 3301 Gun Club Road, MSC 3110 West Palm Beach, Florida 33406 (561) 682-6200 (facsimile) districtclerk@sfwmd.gov Copy to: South Florida Water Management District Attn: Daniel DeLisi, Chief of Staff 3301 Gun Club Road, MSC 3110 West Palm Beach, Florida 33406 ddelisi ,sfwmd.gov If to Indian River County: County Administrator Indian River County 1801 27h .Street Vero Beach, Florida 32960 Copy to: County Attorney's Office Indian River County 1801 27b Street Vero Beach, Florida 32960 19 P315 Concern raised over proposed Titusville LNG plant Dave Berman, FLORIDA TODAYPublished 5.27 p.m. ET March 6.2017 i Updated 13 hours ago A proposal to build a $250 million liquefied natural gas production and distribution plant in Titusville is raising new concerns among some Brevard County residents. The project, to be located off U.S.1 at the south end of Titusville, received a conditional -use permit from the city more than two years ago. But the site has not yet been developed. Recently, though, a group of Brevard County residents came before the County Commission, seeking county involvement in keeping an eye on the project's development. They are concerned about safety and environmental issues related to the proposed facility, as well as the potential for the gas to be shipped by rail on tracks that run just west of U.S. 1. "My questions are overwhelming, and so I'm looking to you as a government body to help answer these questions on behalf of the citizens," Cocoa resident Mel Martin said in public comment to commissioners. "In the end, I'm just really hoping to start the conversation in the community." Martin was among six residents to address the County Commission on the issue on Feb 7. She said she plans to be back on Tuesday evening to continue to press her concerns and to be sure county officials are proactive in monitoring developments related to the project. Martin submitted a citizen request for the County Commission to direct staff to answer a number of questions about the "threat assessment and crisis response preparation for potential LNG mishaps in Brevard County." In a note responding to her request, County Manager Stockton Whitten said he "would be happy to meet with" Martin "on how we can accommodate her request." Martin said she plans to meet with Whitten next week. LNG plant gains Titusville council approval Jake Suski, managing partner for New Fortress Energy, which is developing the project, said it is still on track, although there is no specific timeline for construction. He said nothing has changed related to previous assurances from project developers about the safety of the proposed facility. "Our plans were submitted to the city, and we're working through our development process for the Titusville project," Suski said. "Demand for gas, both domestic and foreign, continues to grow. While we've had success with alternative delivery methods to meet customer demand over the past year, we still see tremendous value in the Titusville project, and are moving forward. Potential customers continue to reach out to us. We have no specific timeline to share today." New Fortress Energy has an agreement in place with Florida East Coast Industries to develop the project. The next stage of the process as far as Titusville is concerned would be a site -plan review by the city. And Busacca wrote, "To date, the city has not received a site plan to review." Florida's first LNG plant proposed for Brevard One reason for the delay appears to be a federal rule which requires an LNG storage tank be at least a mile from the end of an airport runway. New Fortress Energy/TICO Development Partners LLC has submitted a request to the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration, seeking a special permit for variance from that regulation, because the site is about 0.6 miles from the southern edge of a Space Coast Regional Airport runway. TICO Development Partners is affiliated with Florida East Coast Industries. Residents of two groups of residents who live near the proposed LNG plant have retained a Stuart law firm to challenge the special permit request. In comments submitted to the federal agency, attorney John Yudin wrote: "Our clients are rightfully concerned about the serious risks associated with the dangerous process of converting natural gas into LNG for storage and/or transport. By approving a hazardous facility such as this so near a population center, the Pipeline and Hazardous Materials Safety Administration would be placing 14,000 -plus members of the public in harm's way." A December 2015 presentation prepared by Martin County Fire Rescue related to the vulnerability of transportation of LNG through Martin County by rail noted that population centers and neighborhoods are close to the rail corridors. It said, if LNG is added to the commodities being shipped on the rail lines, along the same routes as passenger trains, it "increases risk of accidents," and that "such emergencies can exceed local response capabilities," the fire agency said. The Titusville project would be located on an undeveloped site near Space Coast Regional Airport and the recently opened Port Canaveral Titusville Logistics Center. The site is just west of the Florida East Coast Railway tracks, south of Golden Knights Boulevard and north of Kings Highway. In 2015, representatives of the entities developing the project told FLORIDA TODAY that the plant would offer the region a supply of clean -burning fuel; create construction and permanent jobs; spur spinoff businesses; and generate millions of dollars a year in property taxes. The plant would draw conventional natural gas from existing pipelines. The gas then would be purified and liquefied by cooling it to negative 260 degrees Fahrenheit. According to a permit application submitted to the city of Titusville, the facility would operate around the clock and could produce up to 1 million gallons of LNG a day. The liquefied gas would be temporarily stored in a 5 million -gallon storage tank at the Titusville site, then loaded onto special 10,000 -gallon insulated shipping containers to be transported by truck or rail. J /6-k In its 2015 'presentation to the Titusville City Council, officials representing the project said LNG is a non- toxic, non -corrosive liquid that represents no threat to the soil or groundwater, They said it is safe to transport, and is safe and efficient for high -fuel -use engines. But the residents who addressed the County Commission recently said they remain worried. "I'm deeply concerned about the potential danger to our homes, our health and our environment" related to the operation of the LNG plant, Satellite Beach resident Sanjay Patel told county commissioners. Satellite Beach resident Gail Meredith said: "I think it's very dangerous, and I think it hasn't received the scrutiny and environmental impact study that it should." Meredith said the potential long-term effects of the plant "should be carefully evaluated before proceeding." Brevard County Emergency Management Director Kimberly Prosser said the county's comprehensive emergency management plan includes a supplement that focuses on responses to incidents involving hazardous materials. She said her agency would take on a supporting role in responding to such incidents. Titusville Mayor Walt Johnson and Titusville Community Development Director Peggy Busacca said they have not heard from company in recent months about plans to develop the project. Representatives of companies affiliated with the project in 2015 indicated that they hoped to begin construction in early 2015, and to complete the project by the middle of 2016. But the project has not moved forward. In response to questions submitted by Martin, Busacca wrote that the Titusville City Council's 2015 approval of the conditional -use permit after public hearings was "based upon the competent and substantial information provided, which is the legal standard. The determination was made that the LNG plant itself could be safely operated and met the requirements of the city's land development code. I believe there may have also been consideration of the economic -development opportunities from the site." The company at the time said the project would create 282 temporary construction jobs with an average annual salary of $44,000, plus 40 permanent jobs, with an average annual salary of $84,000. Additionally, the project would provide a total of $4.1 million in annual tax revenue to Titusville, Brevard County and the Brevard School District. "There was no competent and substantial evidence presented related to property values," Busacca wrote. "Therefore, council could not consider this issue -- either for or against the project. There was no consideration by City Council on gas pipelines or transport of LNG, as these were not covered by the conditional -use permit and are regulated by other entities." Despite concerns expressed by some people who live near the proposed plant during hearings in January 2015, the Titusville Planning and Zoning Commission and the Titusville City Council both unanimously approved the conditional -use permit. Z)1. .5 Liquefied natural gas can be used for some trucks, cargo ships, water pumps, generators and as rocket fuel. FLORIDA TODAY staff writer Wayne T. Price contributed to this report. Contact Berman at 321-242-3649 or dberman@floridatoday.com, on Twitter at @bydaveberman and on Facebook at www.facebook.com/dave.berman.54. If you go The Brevard County Commission meeting begins at 6 p.m. Tuesday in Building C at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Viera. 99CONNECTTWEETLIN KEDINCOMMENTEMAILMORE 31s 4 BCC AGENDA MARCH 7, 2017 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 21, 2017 SUBJECT: Naming of 28th Avenue FROM: Joseph E. Flescher, Chairman Commissioner, District 2 I would like the opportunity to discuss the naming of 281 Avenue in memory of Deputy Sheriff Garry Chambliss, P316 f DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: February 16, 2017 SUBJECT: Approval to Purchase Two (2) Complete Hurst Jaws of Life Power Units from MES, Municipal Emergency Services It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTIONS AND CONDITIONS Staff is seeking to purchase two (2) complete Hurst Jaws of Life Power Units to replace two (2) outdated units that are currently assigned to the fire apparatus. The Hurst Jaws of Life equipment is found on each fire apparatus throughout the fleet and are beginning to reach their end of life usage. There are two vendors within the State of Florida for Hurst equipment, MES, Municipal Emergency Services and Team Equipment. Staff has obtained price quotes from both vendors for the proposed purchase of two (2) replacement Hurst Jaws of Life units. The lowest price quote comes from MES, Municipal Emergency Services and is attached to this request. These replacement units are in the FY 2016/2017 Approved Budget. This will be a multi-year replacement program to ensure that fiscal responsibility is maintained throughout the process. FUNDING: Funding for two (2) Complete Hurst Jaws of Life Power Units is in the FY 2016/2017 approved capital budget from the Emergency Services District funds as follows: ITEM IFAmount Account Number 2 Hurst Jaws of Life Units 1 $61,700.00 11412022-066490 RECOMMENDATION: Staff recommends approval of the purchase of two (2) Hurst Jaws of Life Power Units Complete. ATTACHMENTS: Price Quote from MES, Municipal Emergency Services P317 RE 5 MUNICIPAL EMERGENCY SERVICES 3789 62nd Avenue North Pinellas Park, FL 33781 Bill To Indian River County Emergency 4225 43rd Ave Vero Beach FL 32967 Quote Date Quote # Expires Sales Rep PO # Shipping Method 1/31/2017 QT1067920 3/31/2017 Hogan, John F FedEx Ground Ship To Indian River County Emergency Services 4225 43rd Ave Vero Beach FL 32967 Thank you. Please call with any questions. Tom Winkler MES Rescue Tool Subtotal 61,030.00 Specialist; cell 727-808-5344; twinkler@mesfire.com Shipping Cost (FedEx Ground) 670.00 Total $61,70000 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current local tax information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. 1111111111111111111111111111 111 QT1067920 P318 Alt. Item # Units DescriptionItem 362R539 ML -28 w/P.B. Arms w/SLs (Ship) 2 6,000.00 12,000.00 Hurst 28 inch low pressure spreader 362R513 JL -500 Streamline Ship Assy 2 4,715.00 9,430.00 Hurst large low pressure cutter 257R154 T-41 Ram Streamline Ship Assy 2 3,560.00 7,120.00 Hurst two stage, telescoping ram, 41 inch push 257R153 JL -60C Streamline Ship Assy 2 2,510.00 5,020.00 Hurst single stage ram 60 inch push 375710000 Hurst LP JL SG Power Unit 2 6,110.00 12,220.00 Low Pressure with Turbo switch, gas powered 353R396 30'Yellow/Grey Hose Assy (SL) 8 765.00 6,120.00 Hurst Low Pressure extension hoses with Streamline couplings 81-67-20 Chain Set (KSV 11) 2 735.00 1,470.00 Hurst chain set for ML -28 spreader 101R073 Streamline MALE Adapter to QDs 8 390.00 3,120.00 pigtail to adapt new pump with Streamline fittings to old style Quick Disconnect couplings for use with older style tools 101R074 Streamline FEMALE Adaptr toQDs 8 420.00 3,360.00 pigtail to adapt new tools with Streamline fittings to old style Quick Disconnect couplings for use with older style pumps 180R017 1 Gallon Hurst Blue Hyd. Fluid 4 105.00 420.00 RWC-2-CC RHYNO 2 Windshield Cutter Soft Carry Bag Kit 1 750.00 750.00 Thank you. Please call with any questions. Tom Winkler MES Rescue Tool Subtotal 61,030.00 Specialist; cell 727-808-5344; twinkler@mesfire.com Shipping Cost (FedEx Ground) 670.00 Total $61,70000 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current local tax information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. 1111111111111111111111111111 111 QT1067920 P318 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: February 16, 2017 SUBJECT: Sole Source Purchase of Twelve (12) 800MHz P25 Compatible Mobile Radios From Communications International It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTIONS AND CONDITIONS Staff is seeking to purchase twelve (12) 800MHz P25 compatible mobile radios to replace those radios that are beginning to reach their end of life usage. Staff has obtained price quotes from Communications International for the proposed purchase of the twelve (12) replacement mobile radios. The radio equipment is found on each fire rescue unit throughout the fleet. These replacement units are in the FY 2016/2017 Approved Budget. This will be a multi-year replacement program to ensure that fiscal responsibility is obtained throughout the replacement process. FUNDING: Funding for the twelve (12) 800MHz P25 Compatible Mobile Radios is in the FY 2016/2017 approved capital budget from the Emergency Services District Funds as follows: ITEM Amount Account Number Twelve (12) 800MHz Mobile Radios $73,138.92 11412022-066450 RECOMMENDATION: Staff recommends approval of the sole source purchase and trade-in of twelve (12) 800MHz P25 compatible mobile radios with asset numbers to be determined upon delivery. ATTACHMENTS: 1. Price Quote from Communications International 2. Sole Source letter from Communications International P319 i COMMUNICATIONS INTER'NATIONAI_. Rely on Ci. Indian River County -Fire Department 4225 43rd Ave Vero Beach, FL 32967 Brian Burkeen 772-226-3864 Quote Date: January 6, 2017 Valid Until December 31,2018 Quote #: OTE 1502865 Customer 10: IRC130FD (Region 5 Terminal Promotion - Public Safety XG-75 Mobile Package Willingham iMilingham@ask4ci.com Reed mreed@ask4ci.com 1 12 MAMW-SDMXX Harris XG-75M Mobile Radio Package $4,854.81 $58,257.72 -- - Mobile,XG-75M,762470 MHz FEATURE PACKAGE,P25 TRUNKING & EDACS - _,__- FEATURE, PROVOKE --- - - - - Feature, Phase Il TDMA Feature.Max(1024+) System/Groups - T' Control Unit, CH721,Scan,Remote Mount ACCESSORIES,XG-%MM17300 REMOf NtOUNT MICROPHONE,STD,CH100,STRAIGHT CONNECTOR _ - Antenna,762.870MHz 3d8 Antenna,Base,Standard Roof Mnt Low Loss w/ connector - _ - - Feature,256-AES.64-DES ECP Encryption -� feature, ESK/P25 Personality Lock— Feature, Profile Over -The -Air -Programming Tecial Notes and Instructions- Special Promotion Discount ($600;00} - Special pricing for specific radio and feature package as listed above. )PT10NS �A 12 XMZN7C Dual Control Unit,2-6,CH-721 Scan wAnstl Hdwr $802.80 $9,633.60 12 --I—_- CA -009552 090 Cable Assembly,CAN, 90ft, Straight -Right - - - I - �B - --- - - --- --_ - $180.80 52 2$9.60 C 0 MAMW-NCP9F Control Unit,CH721,System,Remote Mount $594.00 _ $0.00 D--- 0 --- MAMW-NMC9D Miarophone,Nc ise.Conceling,CH-721 CU - $915:20 $0.00 f - �E 0 MAMW-NCP9P Hand Held Controller. H HC -731 $493.20 $0.00 w F 0 -` MAMW-'N2N9G-- - - Hand 'Held Controller,HHC-731 Installation lGt $244.80 $0.00 3yr Extended Warranty after Harris 2yr warranty expires. Warranty G 12 Extended Warranty does not cover physical damage or water damage. Antenna system, $324.00 $3,888.00 cabling and microphone not covered under warranty. H - - 12 Trade In Working EDACS 800Mhz portable or Mobile (5195.00) (52,340,00) - I 12 Installation Rear mount installation labor. Includes misc screws and connectors $685 $8,220.00 J 0 Installation Front -Mount Installation labor. Includes misc Screws and Conned : $175:00 $0.00 K 12 PROGRAMMING $390.00 $32.50 Quote subject to Ci standard terms and conditions. Quote accepted: Submit Purchase Order to: Communications International 4450 US Highway 1 Signature Date Vero Beach, FL 32967 C—MY c�nd-U.1 P320 NAKRIG CORPO"'MIt RF�011ih�gq IYlCi M D. 9ML, ®DYHT S036p1d SpRd89" LA7046B 00M i-aWrl"126 tmc 1-09rrit83S28 w6ukc 1 -M&M -M4 �N�.bONd.to1R February 4, 2011 Subject; Communteations tntemationai, Inc Communications tniernaiional, Inc. (C11) is a premier member of Hams' tndireci tales channel and is the e=kmlve Barris Authorized Senric:e Center for the Indian River County area C11 has been a Harris partner for over 30 years and Is by far tete largest Network Service Provider for Hams in the eastem UMed States and Implements and maintains many of Harris systems across the country inducting Yodc County, PA, Clark Cw*A as Vegas, NV, and the State of Florida. As such, Cil engineers work closely and train alongside Harris engineers and te+chrric:al staff on the design, staging, maintenance and support Of new technology. This well-estaWlshed relationship assures our Customers system maintenance needs gets attention from ail areas of the team, software engineers, field engineers, technicians and program management, Cit is headquartered In Vero Beach, FL and is an employee owned company whit 12 locations and over 150 employees induding certified engineers, senior tedsnic ans, program managers, and subject rruaw wgsetfs. C11 specializes in complete wireless commimication systems and has the unique quality of having ergiedenmed staff knowledge in both Radio Communications and IT technologies. 01 has the ab�tc y to integrate multiple types of communication plaifo ms. P321 IS43 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: February 16, 2017 SUBJECT: Sole Source Purchase of Four (4) Stryker Stretchers and Two (2) Stryker Stretchers with Power Load Systems It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTIONS AND CONDITIONS Staff is seeking the sole source purchase of four (4) Stryker Stretchers and two (2) Stryker Stretchers with Power Load Systems. The Stryker stretchers are found on each ambulance throughout the fleet and have reached their end of life usage. Staff has obtained price quotes for the proposed replacement of four (4) stretchers that are currently assigned to ambulances, which includes a trade in discount of four (4) older units. Staff recommends that the Board of County Commissioners declare asset numbers 25452, 25453, 25454 and 25456 as surplus and authorize their trade in for a $10,000.00 discount on the purchase of the new stretchers. These replacement units are in the FY 2016/2017 Approved Budget. This will be a multi-year replacement program to ensure that fiscal responsibility is obtained is throughout the process. Two (2) additional Stryker Stretchers with Power Load Systems are being requested as a requirement through a federal mandate for compliance. These units will be placed into the two (2) new ambulances that are being procured through the budget process which has a projected delivery date of April 2017. I�lil� 1 I► !� Funding for the four (4) Stryker Stretchers and two (2) Stryker Stretchers with Power Load Units is in the FY 2016/2017 capital budget from the Emergency Services District Funds as follows: ITEM AMOUNT , ACCOUNT NUMBER Four 4 Stryker Stretchers $63,995.76 11412022-066490 Two (2) Stryker Stretchers with $78,530.36 Power Load Systems 11412022-066420 P322 RECOMMENDATION: Staff recommends the Board declare asset numbers 25452, 25453, 25454. and 25456 as surplus, authorize their trade in and approve the sole source purchase of four (4) Stryker Stretchers and two (2) Stryker Stretchers with Power Load Systems. ATTACHMENTS: 1. Price Quote from Stryker 2. Sole Source letter from Stryker P323 ryker Sales Account Manager TODD TAYLOR todd.tsytor®stryker.com Cell: 407-415.5058 line # Quantity Shipping Address Billing Address 1 4 1182350 1109857 Remit to: INDIAN RIVER COUNTY EMS INDIAN RIVER CNTY FIRE DIST EMS P.O. Box 93308 4715 43RD ST 6088802010 4 PR Cot Retaining Post 1800 27TH ST Chicago, IL 60673-3308 VERO BEACH, FL 32967 BLDG B 4 XPS Option VERO BEACH, FL 3296D-3365 Customer Contact Ref Number Date PO Number 54200994 5452439 2/16/2017 QUOTE 6500147000 line # Quantity Item Description Part p Unit Price EXtended Mice I Item Comments 1 4 Power -PRO XT 6506000000 $18,498.94 7{73,996.76 Options 4 Dual Wheel Lock 6088802010 4 PR Cot Retaining Post 6085033000 4 Power Pro Standard Components 6506026000 4 XPS Option 6506040000 4 No Runner/HE 02 54200994 4 Equipment Hook 6500147000 4 6508 PW R-LOAD/PERF-LOAD OPTION 6506034002 4 Knee-Gatch/Trendelenburg 6500082000 4 No HE Section 02 Bottle 6506038000 4 Base Storage Net 6500160000 4 Pocketed Back Rest Pouch 6WO130DOO 4 Head End Storage Flat 6500128000 4 Fowler 02 Bottle Holder 6500241000 4 English Manual 6506600000 4 120V AC SMRT Charging Kit 6500028000 4 J Hook 6082036018 4 XPS Knee Gatch Bolster Mabss 6500003130 4 Steer Lock Option 650OD38000 4 3 YR X -Frame Powertrain Wmty 7777881669 4 2 Yr Bumper to Bumper Warranty 7777881670 4 DOM SHIP (NOT HI, AK, PR, GM) 54030000 4 3 Stage IV Pole PR Option 6500315000 4 X -RESTRAINT PACKAGE 6500001430 4 STANDARD FOWLER 6506012003 P324 Note: (4) Powered cot trade-ins, 9899.990=020. Valued @ $2,500.00ftradein, totaling: $10.000.00. r Signature: TNelPosition: Product Total $73,995.76 Trade -Up Promo Discount ($10,000m) Tax & Freight $0.00 Total Incl Tax & Freight $63,995.76 Date: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency Terms: Net 30 Days. FOB origin. A copy of Stryker Medical's standard terms and conditions can be obtained by calling Stryker Medical's Customer Service at 1 -800 - STRYKER: Cancellation and Return Policy: In the event of damaged or defective shipments, please notify Stryker within 30 days and we will remedy the situation. Cancellation of orders must be received 30 days prior to the agreed upon delivery date. If the order is cancelled within the 30 day window, a fee of 25% of the total purchase order price and return shipping charges will apply. P325 rIv r Comprehensive Quotation Sales Account Manager Remit to: TODD TAYLOR todd.taylor@stryker.com P.O Box 93308 Cell: 407-415-5058 Item Description Chicago, IL 60673-3308 End User Shipping Address Shipping Address Billing Address 1182350 1182350 1109857 INDIAN RIVER COUNTY EMS INDIAN RIVER COUNTY EMS INDIAN RIVER CNTY FIRE DIST EMS 4225 43RD ST 4225 43RD ST 1800 27TH ST VERO BEACH, FL 32967 VERO BEACH, FL 32967 BLDG B VERO BEACH, FL 32960-3365 Customer Contact Ref Number Date PO Number Reference Field Quote Type 5452418 02/16/2017 QUOTE STANDARD QUOTE Line Quantity Item Description Part # Unit Price Extended Price Item Comments 1.00 2 PowerLOAD 6390000000 $20,288.96 $40,577.92 Options 2 Powerl-OAD 6390000000 $20,288.96 $40,577.92 2 Standard Comp 6390 Power Load 6390026000 2 English Manual 6390600000 2 1 year parts, labor & travel 7777881660 2 UNIVERSAL FLOORPLATE OPTION 6390028000 2 English Option, Manual 6390020000 2.00 2 Mass Casualty Fastener 6391000000 $477.28 $954.56 Options 2 Mass Casualty Fastener 6391000000 $477.28 $954.56 2 Power LOAD Mass Cas Floor Moun 6391001002 2 Short Rail Option 6362020000 2 Domestic Manual 6370009001 3.00 2 Power•PROXT 6506000000 $18,498.94 $36,997.88 Options 2 Power -PRO XT 6506000000 $18,498.94 $36,997.88 2 Dual Wheel Lock 6086602010 2 PR Cot Retaining Post 6085033000 2 Power Pro Standard Components 6506026000 2 XPS Option 6506040000 2 No Runner/HE 02 0054200994 2 Equipment Hook 6500147000 2 6506 PWR-LOAD/PERF-LOAD OPTION 6506034002 2 Knee-Gatch/rrendelenburg 6500082000 2 No HE Section 02 Bottle 6506036000 2 Base Storage Net 6500160000 2 Pocketed Back Rest Pouch 6500130000 2 Head End Storage Flat 6500128000 2 Fowler 02 Bottle Holder 6500241000 2 English Manual 6506600000 2 120V AC SMRT Charging Kit 6500028000 2 J Hook 6092036018 2 XPS Knee Gatch Bolster Matrss 6500003130 2 Steer Lock Option 6506038000 2 3 YR X -Frame Powertrain Wmty 7777881669 2 2 Yr Bumper to Bumper Warranty 7777881670 2 DOM SHIP (NOT HI, AK, PR, GM) 0054030000 2 3 Stage IV Pole PR Option 6500315000 Page 1 of 2 P326 str v Sales Account Manager Comprehensive Quotation Remit to: TODD TAYLOR P.O Boz 93308 todd.taylor@stryker.com Cell: 407-415-5058 Chicago, IL 60673-3308 Line Quantity Item Description Part # Unit Price Extended Price Item Comments 2 X -RESTRAINT PACKAGE 6500001430 2 STANDARD FOWLER 6506012003 ambulance build - 2017 r Signature Title/Position: Product Total $76,530.36 Freight $0.00 Tax $0.00 Total Incl Tax & Freight $78,530.36 Date: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency Terms: Net 30 Days. FOB origin. A copy of Stryker Medical's standard terms and conditions can be obtained by calling Stryker Medical's Customer Service at 1 -800 -STRYKER. Cancellation and Return Policy: In the event of damaged or defective shipments, please notify Stryker within 30 days and we will remedy the situation. Cancellation of orders must be received 30 days prior to the agreed upon delivery date. If the order is cancelled within the 30 day window, a fee of 25% of the total purchase order price and return shipping charges will apply Page 2 of 2 P327 Sam Bossley Associate Marketing Manager — EMS 3800 E. Centre Ave. Portage, MI 49002 t: 269 389 6628 sam.bossley@stryker.com Date: January, 2017 Re: Power -PRO XT Ambulance Cot Sole Source Information To Whom It May Concern, Medical Stryker Medical certifies that we are the sole manufacturer of the Stryker EMS Power -PRO XT (Model 6506). This correspondence is to inform you of the unique characteristics of the Power -PRO XT Ambulance Cot. These characteristics can be broken down into two primary categories: Independent Qualification, and Ease of Use and Maintenance. Independent Oualification • IPX6: The system is rated to withstand powerful water jets. • IEC 60601-1 and IEC 60601-1-2: This certification indicates that Power -PRO conforms to industry standards for mechanical and electrical safety for medical electrical devices, as well as electromagnetic compatibility and immunity. • BS EN -1789 clause 4.5.9: This is a European dynamic crash test which subjects a 50th percentile dummy to a nominal lOg deceleration for a minimum of 50ms. Following the test there shall be no sharp edges or danger to the safety of persons in the road ambulance. Ease of Use and Maintenance • The cot has a weight capacity of 7001bs. • When unloading with the manual release handle, the cot utilizes hydraulic dampening. Thus, the cot will not abruptly jar the operator or the patient. • The battery is placed at the foot -end of the stretcher. • The cot legs power -retract in 2.4 seconds which speeds load times. • The cot provides the highest possible load height of any cot on the market at 36" and is operator adjustable to match the deck height of individual ambulances. • The foot -end of the cot provides lifting bars and operator controls at two different heights, thus providing optimum ergonomics to most operator heights. • The foot -end of the cot contains a large battery indicator light which displays amber or green which indicates battery level. A warning is given by a flashing amber light, providing the operator the time to change the battery before full depletion of power. • The Model 6506 has 6" x 2" sealed bearing casters — the largest in the industry. • The cot features a foot -end -mounted hourly usage meter. This is an easy tool to determine the timing of preventative maintenance checks. 'Only conforms when used with Power -LOAD (model 6390). P328 • The cot features powder -coating of the entire aluminum frame (including the patient handling surfaces), thus eliminating aluminum oxidation throughout the cot. • All caster bearings are sealed, eliminating timely and costly lubrication. • The cot is power -washable. ' Please forward any further questions to your Stryker sales representative. Sincerely, Sam Bossley P329 3800 E. Centre Ave. Portage, MI 49002 t: 269 329 2100 F. 269 329 2213 www.stryker.com Date: January, 2017 Re: Power -LOAD Cot Fastener Sole Source Information To Whom It May Concern: stryker® Medical Stryker Medical certifies that we are the sole manufacturer of the Stryker EMS Power -LOAD (Model 6390). This correspondence is to inform you of the unique characteristics of the Power - LOAD Cot Fastener. These characteristics can be broken down into two primary categories: Independent Qualification, and Ease of Use. The Stryker EMS Power -LOAD (Model 6390) cot fastening system is mounted within the patient compartment and is intended to aid in the loading/unloading of patients. The Stryker Power -LOAD is the only powered cot fastening system that meets the following: Independent Qualification • IPX6: The system is rated to withstand powerful water jets. • IEC 60601-1 and IEC 60601-1-2: This certification indicates that Power -LOAD conforms to industry standards for mechanical and electrical safety for medical electrical devices, as well as electromagnetic compatibility and immunity. • BS EN -1789 clause 4.5.9: This is a European dynamic crash test which subjects a 50th percentile dummy to a nominal l Og deceleration for a minimum of 50ms. Following the test there shall be no sharp edges or danger to the safety of persons in the road ambulance. Ease of Use • Device must provide a linear guide when loading and unloading the cot • Device must allow for remote actuation from Power -PRO foot end controls • Device must engage to the cot during loading and unloading, providing a means of lifting and lowering • Device must allow for manual back-up operation in the event of power failure or system error • Device must have a safe working load of 870 lbs and be capable of lifting patients weighing up to 7001bs. • Device must be mounted inside the patient compartment to prevent environmental exposure and corrosion • Device must be power washable • Device must be capable of inductively charging the Stryker SMRT cot battery Please contact your Stryker Sales Representative for further information. P330 L C 6I INDIAN RIVER COUNTY �R1VER�, SOLID WASTE DISPOSAL DISTRICT z 1%RtoA BOARD MEMORANDUM cyc Date: February 17, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E:, Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay for CDM Smith CCNA 2014 Work Order No. 6 — 2016 Annual Permit Compliance Monitoring & Reporting DESCRIPTIONS AND CONDITIONS: On January 19, 2016, the Solid Waste Disposal District (SWDD) Board approved CCNA 2014 Work Order No. 6 to CDM Smith. to provide for Engineering Services with the 2016 Annual Permit Compliance Monitoring and Reporting. The authorization was executed with a not to exceed budget of $93,090.00. ANALYSIS: CDM Smith has satisfactorily completed all the assignments described in the scope of work fora total invoiced amount, including the final invoice of $3,772.10. After final payment, the total amount paid to CDM Smith will be at the cost of $93,090.00. Attached is CDM Smith's letter report describing in more details the services provided under each task. FUNDING: Funding for this work is budgeted and available in the Engineering Services account number, which is funded from SWDD assessments and user fees. Description Account Number Amount Engineering Services 41121734-033130 $3,772.10 RECOMMENDATION: SWDD staff recommends that its Board approve CDM Smith's final invoice amount of $3,772.10. ATTACHMENT(s): 1. CDM Smith Project Completion Report & Final Invoice @BCL@S005E647 Page 1 of 1 P331 CDM Smith 1701 Highway A -1-A, Suite 301 Vero Beach, Florida 32963 tel: 772-231-4301 fax: 772-231-4332 February 7, 2017 Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District 2016 Annual Permit Compliance and Monitoring Final Invoice Dear Mr. Mehta: Transmitted herewith is a project completion report for the above referenced project. This work was completed in accordance with the Continuing .Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM Smith Inc. (CDM Smith), dated December 6, 2011 and extended on November 4, 2014, under Work Order No. CCNA2014-WO No. 6 dated January 19, 2016. This project completion report is to serve as additional information to the final invoice (Invoice No. 90008928). IRC SWDD is required to perform environmental compliance monitoring and reporting for water and air quality in accordance with the IRC Landfill's operating permits. During calendar year 2016, IRC SWDD was required to submit semi-annual reports of groundwater and surface water quality at the IRC Landfill to the Florida Department of Environmental Protection (FDEP). This was done in accordance with Chapter 62-701.510, F.A.C., the Solid Waste Operation Permit for the Class I landfill (Permit No. 0128769 -024 -SO -MM) modified by the FDEP on January 14, 2016 [which includes by reference the Water Quality Monitoring Plan (WQMP) for the Class I landfill in Appendix 3 of the permit], and the Solid Waste Operation Permit for the construction and demolition (C&D) landfill (Permit No. S031-0128769-021) dated September 17, 2012 [which includes by reference the Monitoring Plan Implementation Schedule (MPIS) revised March 7, 2011, in Appendix 3 of the permit]. The IRC Landfill operates under a Title V Air Operation Permit (Permit No. 0610015 -004 -AV), which was issued on July 16, 2012, that contains monitoring and reporting requirements related to `t WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES 11�� P332 CDM_ Mr. Himanshu H. Mehta, P.E. February 7, 2017 Page 2 the landfill gas collection and control system. IRC SWDD is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4: ■ Annual Statement of Compliance ■ Annual Operating Report ■ Annual Emissions Fee ■ Visible Emissions Test IRC SWDD is also required to -perform miscellaneous sampling and monitoring activities in compliance with the solid waste operation permits and the Multi -Sector Generic Permit (MSGP) for stormwater discharge (FLRO5G035-003). This project included providing the required permit compliance and monitoring services under the following tasks: ■ Task 1.0 - Project Quality Management ■ Task 2.0 - Semi -Annual Water Quality Sampling and Reporting ■ Task 3.0 - Title V Permit Compliance and Reporting ■ Task 4.0 - General Technical and Miscellaneous Permit Compliance Assistance TASK 1.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consisted of those generally administrative functions required to assure that the project remained on schedule, within budget, and that the quality of the work products defined within this scope was consistent with CDM Smith's standards and IRC SWDD's expectations. CDM Smith coordinated with IRC SWDD staff for project planning. Preparation of invoices and project administration was also performed under this task. TASK 2.0 - SEMI-ANNUAL WATER QUALITY SAMPLING AND REPORTING Under this task, CDM Smith assisted IRC SWDD with the semi-annual water quality sampling, monitoring, and reporting in accordance with Chapter 62-701.510, F.A.C. CDM Smith contracted with Ideal Tech Service, Inc. (ITS) to perform the groundwater and surface water sampling. The h1974.d- (� P333 CDM_ Smith Mr. Himanshu H. Mehta, P.E. February 7, 2017 Page 3 samples were analyzed by Environmental Conservation Laboratories, Inc. (ENCO) under contract to IRC SWDD. Water quality monitoring at the Class I landfill was performed pursuant to Specific Condition D of the Solid Waste Operation Permit for the Class I landfill (Permit No. 0128769 -024 -SO -MM) modified by the FDEP on January 14, 2016. The samples collected from the Class I monitoring wells were analyzed for the routine monitoring parameters listed in Paragraph II.7 of the WQMP and Chapter 62-701.510(7)(a), F.A.C. Water quality monitoring at the C&D landfill was performed pursuant to Specific Condition D of Solid Waste Operation Permit for the C& D landfill (Permit No. 5031-0128769-021), dated September 17, 2012. The samples collected from the C&D landfill monitoring wells were analyzed for the routine parameters listed in Chapter 62-701.730(8)(c), F.A.C. and Paragraph 9 of the Monitoring Plan Implementation Schedule (MPIS) revised on March 7, 2011. The January 2016 semi-annual sampling event was conducted from January 26 to 28, 2016. For this event, groundwater samples were collected from the 12 Class I landfill wells designated for semi- annual monitoring, the 13 additional Class I landfill wells designated for annual monitoring, and the 10 C&D landfill wells. A surface water sample was collected from the designated surface water sampling location. Water levels were measured in 54 monitor wells. A surface water level measurement was not taken because Staff Gauge No. 12 was broken. The July 2016 event was conducted from July 13 to July 15, 2016. For this event, groundwater samples were collected from the 14 Class I landfill wells designated for semi-annual monitoring, the 10 C&D landfill wells, and four new Class I landfill wells. A surface water sample was collected from the designated surface water sampling location. Water levels were measured in 58 monitor wells and a surface water measurement was taken at Staff Gauge No. 12. CDM Smith assisted IRC SWDD in coordinating the analytical testing activities with ENCO, notified the FDEP prior to sampling, reviewed and evaluated the analytical test results, and prepared the semi-annual reports. The January 2016 Water Quality Monitoring Report was submitted to the FDEP on March 23, 2016 and the July 2016 Water Quality Monitoring Report was submitted to the FDEP on September 14, 2016. TASK 3.0 - TITLE V PERMIT COMPLIANCE AND REPORTING The Title V Air Operation Permit (Permit No. 0610015 -004 -AV) for the IRC Landfill contains monitoring and reporting requirements related to the landfill gas collection and control system. In accordance with the Title V permit, CDM Smith assisted IRC SWDD, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes. P334 CDM Smith Mr. Himanshu H. Mehta, P.E. February 7, 2017 Page 4 Statement of Compliance CDM Smith prepared and submitted the Statement of Compliance for the reporting period of January through December of 2015 for the IRC Landfill to the FDEP on February 23, 2016 in accordance with Rule 62-213.440(3)(a)(2), F.A:C. Electronic Annual Operating Report CEAORI CDM Smith prepared and submitted the 2015 reporting year EAOR for the IRC Landfill to the FDEP on March 30, 2016. Annual Emissions Fee CDM Smith prepared and submitted the 2015 reporting year Title V fee to the FDEP on March 30, 2016. Visible Emissions Testing CDM Smith contracted with TRC Environmental Corporation to perform the 2016 annual visible emissions test in order to determine the opacity of the flare. The 2016 visible emissions test was performed on August 5, 2016 and submitted to the FDEP on August 29, 2016. TASK 4.0 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE ASSISTANCE CDM Smith provided general technical and permit compliance assistance to IRC SWDD staff on an as needed basis. Under this task, CDM Smith performed quarterly monitoring of the landfill gas migration monitoring wells located at the IRC Landfill site boundary, as well as enclosed structures located on site, and submitted reports of the results to the FDEP. The reports were submitted to the FDEP on March 22, 2016, June 28, 2016, September 19, 2016, and December 13, 2016. CDM Smith provided general technical assistance for the Year 2 monitoring period of the Multi - Sector Generic Permit (MSGP) for stormwater discharge. CDM Smith collected analytical samples after qualifying storm events and sent them to be tested by ENCO for the pollutants of concern listed in Sector L of the MSGP. Samples were collected and sent to ENCO for analysis on February 29, 2016, May 19, 2016, August 5, 2016, September 9, 2016, September 20, 2016, October 10, 2016, and December 12, 2016. CDM Smith appreciates the opportunity to provide these services to the IRC SWDD. If you have any questions or require additional information on the above project, please contact me. jj1971.d- 10 P335 CDM - Smith Mr. Himanshu H. Mehta, P.E. February 7, 2017 Page 5 Sincerely, Kevin N. Vann, P.E., BCEE Principal Environmental Engineer CDM Smith Inc. KNV/KKWAj File: PW_PL1_6706-112684.0101 Ui974.d- alt CDM- Smith 621 N.W. 53rd Street, Suite 265 Boca Raton, Florida 33487 Tel: 561571-3800 Fax: 561241-7084 INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Amount Due: $3,772.10 'Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384-0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: PLEASE INCLUDE INVOICE NUMBER ONALL CORRESPONDENCE 000200418081 011000138 /90008928 01/26/2017 112684 n accordance with the Continuing Contract Agreement for Professional Services, dated December 6, 2011, Extensior Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014 and CCNA -2014 Work Order No. 6, dated January 19, 2016 between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: 2016 PERMIT COMPLIANCE MONITORING AND REPORTING P.M -TASK 1 - PROJECT QUALITY MANAGEMENT Description Contract Amount $20,620.00 Percent Complete 100.00% Billed ITD $20,620.00 Less Previously Billed $20,620.00 Total $0.00 Amount Due $0.00 1/5 P337 CDM INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384-0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: Amount Due: $3,772.10 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE 000200418081 011000138 /90008928 01/26/2017 112684 In accordance with the Continuing Contract Agreement for Professional Services, dated December 6, 2011, Extension a Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014 and CCNA -2014 Work Order No. 6, dated January 19, 2016 between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: 2016 PERMIT COMPLIANCE MONITORING AND REPORTING WQSEMIANNUAL TASK 2 -SEMI-ANNUAL WATER QUALITY SAMPLING & RPTNG Description Contract Amount $41,070.00 Percent Complete 100.00% Billed ITD $41,070.00 Less Previously Billed $41,070.00 Total $0.00 Amount Due $0.00 2/5 P338 INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 303841/2 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: Amount Due: $3,772.10 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE 000200418081 011000138 /90008928 01/26/2017 112684 n accordance with the Continuing Contract Agreement for Professional Services, dated December 6, 2011, Extensior Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014 and CCNA -2014 Work Order No. 6, dated January 19, 2016 between Indian River County and CDM Smith Inc., we are .rendering the following invoice for Professional Engineering Services as described below: RE: 2016 PERMIT COMPLIANCE MONITORING AND REPORTING TITLE V -TASK 3 -TITLE V PERMIT COMPLIANCE & REPORTING 3/5 P339 Description Contract Amount Amount $16,310.00 'Percent Complete 100.00% Billed ITD $16,310.00 Less Previously Billed $16,310.00 Total $0.00 Amount Due $0.00 3/5 P339 CDM INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384.0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: Amount Due: $3,772.10 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE 000200418081 011000138 /90008928 01/26/2017 112684 n accordance with the Continuing Contract Agreement for Professional Services, dated December 6, 2011, Extensior Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014 and CCNA -2014 Work Order No. 6, dated January 19, 2016 between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: 2016 PERMIT COMPLIANCE MONITORING AND REPORTING GTS -TASK 4 -GENERAL TECHNICAL & MISC PERMIT COMPLIANCE 4/5 P340 Description Contract Amount $15,090.00 Percent Complete 100.00% Billed ITD $15,090.00 Less Previously Billed $11,317.90 Total $3,772.10 Amount Due $3,772.10 4/5 P340 CD--Sith INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Amount Due: $3,772.10 PLEASE INCLUDE INVOICE NUMBER ON ALL Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384.0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: 000200418081 011000138 /90008928 01/26/2017 112684 n accordance with the Continuing Contract Agreement for Professional Services, dated December 6, 2011, Extension a Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014 and CCNA -2014 Work Order No. 6, dated January 19, 2016 between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: 2016 PERMIT COMPLIANCE MONITORING AND REPORTING 112684-2016 PERMIT COMPLIANCE WO -6 Description Contract Amount $93,090.00 Percent Complete 100.00% Billed ITD $93,090.00 Less Previously Billed $89,317.90 Total $3,772.10 Amount Due $3,772.10 5/5 P341 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: February 21, 2017 To: Jason E. Brown, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Recommendation for Award of Bid No. 2017028 for Yard Waste Processing and Disposal Services BACKGROUND: On July 15, 2011, the Indian River County Solid Waste Disposal District (SWDD) entered into a Feedstock Supply Agreement (FSA) with INEOS New Planet BioEnergy, LLC (INPB) for supplying vegetative waste for the production of b.ioethanol energy product and renewable power. The term of the agreement was for a period of twenty (20) years. The Indian River BioEnergy Center operated by INPB ceased operations of its facility at 925 74th Avenue SW, effective December 31, 2016. On December 20, 2016, the SWDD Board approved the Ninth Amendment to the Feedstock Supply Agreement with INPB. This allowed the public to transition the delivery of the vegetative materials from the INPB facility to SWDD's vegetative processing area on January 2, 2017. This amendment included approval for INPB through their contractor, Mr. Mulch, to provide processing (receiving, grinding and disposal) services to SWDD through March 31, 2017 at the current rate of $9.30 per ton and waiving the supplemental processing fee of $5.30 per ton from October 1, 2016, through March 31, 2017. On January 15, 2017, the Indian River County Purchasing Division issued Bid #2017028 for Yard Waste Processing and Disposal Services and included the following two price parameters: 1) Receive vegetative debris from the IRC public, process the materials into mulch and load the mulch and 2) off-site disposal (to be verified by SWDD for maximum recycling credits). Within this bid, there was a provision that SWDD would have the option to retain 100% of the processed materials (mulch) for landfill cover material or any other beneficial use. ANALYSIS: A non -mandatory pre-bid meeting was held on January 24, 2017, after broadcasting to 251 companies on the Demandstar system. Overall, there were 36 plan holders, out of which 5 firms attended the pre-bid meeting. The purchasing department received the following responses at the time of the bid opening on Friday, February 17, 2017,.at 2:00 PM: @ BCL@ 70052010 - Page 1- P342 Bidder location Yard Waste Processing (Per Ton) Yard Waste Disposal (Per Ton) Total Bid Price Waste Management, Inc. of Florida Pompano Beach, FL NO BID Consolidated Resource Recovery Sarasota, FL $14.88 $16.80 $1,396,800.00 Mr. Mulch Vero Beach, FL $11:19 $9.48 $955,800.00 Treecycle Land Clearing Boynton Beach, FL $13.18 $9.00 $1,060,800.00 Based on the bids received, the lowest responsive and responsible bidder was Mr. Mulch with a yard Waste processing cost of $11.19 per ton and a yard waste disposal cost of $9.48 per ton for an estimated total cost of $955,800 per year. In the bid, it was estimated that 60,000 tons per year were to be processed and 30,000 tons per year were to be disposed off-site. Therefore, the yard waste processing cost is approximately $671,400 and the yard waste disposal cost is approximately $284,400 for a total approximate cost of $955,800 per year. For .a 'historical perspective, during the period of October 2007 through March 2011, SWDD utilized Consolidated Resources Recovery (CRR) for processing and off-site disposal of vegetative debris. From April 2011 through September 2016, INPB processed and utilized the vegetative debris for its operations. The annual average tons processed over these past nine years is approximately 58,000 tons per year at an average cost of $588,000 for base processing and $199,000 for supplemental processing/hauling services. A summary table is provided below. @BCL@70052010 - Page 2 - P343 Hauling or Hauling or Fiscal Year Vendor Base Tons Base .Fee Supplemental Supplemental Total costs Tons Processing Fee FY 2007-08 CRR 53,804 $618,741 29,270 $234,162 $852,904 FY 2008-09 CRR 51,372 $590,780 30,089 $240,714 $831,494 FY 200940 CRR 56,044 $644,503 34,009 $272,074 $916,577 FY 2010-11 CRR 52,358 $602,111 19,319 $154,554 $756,666 FY 2011-12 CRR/INPB 55,962 $520,141 21,925 $153,714 $673,855 FY 2012-13 INPB 55,301 $511,531 14,845 $76,454 $587,984 FY 2013-14 INPB 59,420 $549,636 37,336 $192,282 $741,918 FY 2014-15 INPB 64,287 $597,868 40,784 $211,264 $809,132 FY 2015-16 INPB 70,951 $659,845 49,375 $255,761 $915,606 Average 57,722 $S88,351 30,773 $198,998 $787,348 10/1/16 - 3/31/17 INPB 42,154 $392,032 0 0 $392,032 4/1/17-9/30/17 Mr. Mulch 30,000 $335,700 15,000 $142,200 $477,900 7 Pr (Projected*) 72,154 $727,732 15,000 $142,200 $869,932 FY2017-18 (estimated**) Mr. Mulch 70,951** $793,942 49,375** $468,075 $1,262,017** • Both actual to date and projected tons incoming and outgoing are utilized to estimate the total cost for this fiscal year of approximately $870,000. **using actual tons from FY2015-16 and applying the rates from bid 2017028 AND assuming no INEOS site transfer @BCL@70052010 - Page 2 - P343 In comparing actual tons processes from FY2015/2016 which resulted in a $915,606 cost to SWDD, then using the exact same tonnage numbers and applying the bid results, the estimated FY17/18 costs would be $1,262,017 if there is no ability for SWDD to move un -needed processed vegetative material onto the former INEOS site. It is unknown for certain as to what will happen on the former Indian River BioEnergy Center site; however, on February 7, 2017, the SWDD Board approved a Notice of 90 -Day Option Agreement to Alliance Bioenergy +, Inc. in which SWDD would provide processed mulch at no cost if Alliance is successful in purchasing the property. This could provide a potential savings of approximately $284,000 per year assuming that 30,000 tons of processed mulch is sent to Alliance. A sample agreement was included in the bid documents and we did not receive any exceptions. The term of the agreement includes an initial one (1) year term with six (6) one (1) year renewal terms. There is also a provision that allows either party to terminate with a ninety (90) calendar day notice of termination. Mr. Mulch has been providing the yard waste processing services for INPB since 2011 and is currently providing the same service at our yard waste processing facility on the IRC landfill property. They are well qualified and familiar with our residential and business customers, as well as meeting safety requirements for safely receiving, handling and processing County's vegetative waste. Overall, the competitive bid process resulted in pricing that is above the historical average that we have paid for these services. Therefore, staff recommends that the SWDD Board approve the award of Bid No. 2017028 to Mr. Mulch for yard waste processing and disposal services to start on April 1, 2017. FUNDING: Funding for yard waste processing is budgeted and is available in the Other Professional Services account in the SWDD Recycling fund which is funded through user assessment fees. The annual budget includes $864,000 for yard waste processing in the 2016/2017 fiscal year. Expenditures for service through December were $238,628. Due to the increase in processing costs for Hurricane Matthew and based on the increase in costs for these services through the bid process, a budget amendment may be required this fiscal year to cover actual expenditures that are estimated to be $870,000 for the FY2016/17. Description Account Number Amount SWDD Recycling Fund -Other Professional Services 41125534-033190 $870,000 Increase in funds based on the,bid pricing will be budgeted accordingly for the 2017/2018 fiscal year. RECOMMENDATION: Staff recommends that its Board: Approve the award of Bid No. 2017028 to Mr. Mulch for yard waste processing and disposal services to start on April 1, 2017 as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. b. Authorize the Chairman to execute the attached agreement after review and approval by the County Attorney as to form and legal sufficiency, and receipt and approval of the required payment and performance bonds and liability insurance. ATTACHMENTS: Attachment 1: IRC Purchasing Department Bid Tab for Bid No. 2017028 Attachment 2: Yard Waste Processing and Disposal Services Agreement @BCL@70052010 - Page 3 - P344 Bid No. 2017028 Bid Title: Yard Waste Processing and Disposal Bid Opening Date: 2/17/2017 Time: 2:00 pm Witness: Diane Feshoh Witness: Jennifer Hyde COMMENTS: Waste Management - statement of no bid T E 0j h ers., arne.-,,�':' ."Ca .0 0 T6 ta 0" C, cr x Consolidated Resource Recovery Y Y Y Y Y Y N Y Y $1,396,800.00 Mr. Mulch Y Y Y Y Y Y N Y Y $955,800.00 Treecycle Land Clearing Y Y Y Y Y Y N Y Y $1,060,800.00 COMMENTS: Waste Management - statement of no bid T Yard Waste Processing and Disposal Services Agreement Between Indian River County Solid Waste Disposal District (" SWDD") And Russell Payne, Inc. d/b/a Mr. Mulch, Inc. ("Contractor") P346 TABLE OF CONTENTS ARTICLE1- WORK............................:...........................................................................................................1 ARTICLE 2 - THE YARD WASTE PROCESSING SITE ... :............................................. :................................. :..... 3 ARTICLE3 - CONTRACT TERM.:.:.........................:............................................::..........................a................ 3 ARTICLE 4 — CONTRACT PRICE, PAYMENT AND ADJUSTMENT.................................................................... 3 ARTICLE6 - INSURANCE .... :................................. :....................... :................. :....... :....................... :...:........ :... 4 ARTICLE7 — INDEMNIFICATION.................................................................:..................................:............... 5 ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS.- ........................................... .......................................... 5 ARTICLE 9 - CONTRACT DOCUMENTS.......................................................................................................... 6 ARTICLE10 - MISCELLANEOUS ............................................ :........................................................................ 7 ARTICLE 11— FEDERAL CLAUSES .................................................. ...................................................... 8 ARTICLE 12 - TERMINATION OF CONTRACT....................................:.......................................................:.'12 EXHIBIT A — CALCULATION OF RATE ADJUSTMENT EXHIBIT B — YARD WASTE PROCESSING SITE P347 This Agreement is by and between the Solid Waste Disposal District (SWDD), a dependent special district of INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called Owner) and Russell Payne, Inc. d/b/a Mr. Mulch. Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Indian River County Solid Waste Disposal District is contracting for the services to process and remove: Yard waste, landscape debris, and land clearing debris, which means: vegetative matter from commercial and residential landscaping maintenance, which includes branches, shrubs, trimmings, grass clippings, palm fronds, Christmas trees, stumps, trees and wood pallets. The diameter and length of materials, varies greatly. Majority of the incoming material is covered by the SWDD landfill assessment, i.e., no tipping fee. However, anything over 3 inches in diameter is considered chargeable material by SWDD, therefore, the Contractor must inspect each load and if applicable report as chargeable load to the SWDD scalehouse to apply appropriate charges. The Contractor will process (includes vehicle receiving/traffic control services) all incoming material into mulch and load/remove off-site all material designated by SWDD to maximize recycling credits to Indian River County. The Contractor will also load all material designated by SWDD for beneficial use to be removed by others. The SWDD does not guarantee the quality or the quantity of the yard waste, reserves the right to keep 1005,o' processed mulch for cover material or any other beneficial use, reserves the right to accept or not accept any out -of -county yard waste and reserves the right to provide or not provide any storm related debris under the control of the County and or SWDD. SPECIFIC CONDITIONS A. Contractor shall process (includes vehicle receiving/traffic control services and creation of mulch) all the specified material at the processing site located at the Indian River County Landfill at 1325 74th Ave SW, Vero Beach, Florida, 32968. The Contractor shall limit the processing activity within the designated area (Approximately 5 acres as shown in Exhibit B). B. Contractor must be able to process a minimum of 60,000 tons of material per year. The Contractor must also be able to accommodate any increase in tonnages per year for the duration of the Agreement. Contractor must be aware that tonnage numbers change due to seasonal fluctuations. However, SWDD makes no guarantee as to any quantity or quality of yard waste to be provided. SWDD's failure to provide any quantity of yard waste shall not be a violation of the agreement by SWDD. C. Solid Waste Disposal District requires the site be operated in a clean, secure and efficient manner. The County and SWDD requires the Contractor to comply with all applicable Federal, State and local regulations, including 62-701 F.A.C. SOLID WASTE MANAGEMENT FACILITIES. Any operational activity by the Contractor that violates any regulatory agency codes shall be the responsibility of the Contractor to correct solely at the Contractors expense within the time frame set by the regulatory agency. The Contractor's "Equipment Service Area" shall be kept clean and organized. All equipment maintenance shall be performed in a manner that prevents oils, fuel, lubricants and other waste from contaminating the environment. Page 1 P348 D. Contractor shall provide debris processing (includes vehicle receiving/traffic control services and creation of mulch) and disposal/recycling services for yard waste, landscaping debris, and land clearing delivered to the Solid Waste Disposal District Indian River County Landfill. E. Contractor shall process all materials within Federal, State, Local and the Solid Waste Section guidelines. Any proposed regulations that are adopted by the Regulatory agencies that are more restrictive than this document shall be incorporated into this Agreement. F. Contractor, at their own expense, shall market and remove the materials generated by the processing operation conducted at the landfill in a manner that Indian River County will receive recycling credits. Remaining post -processing materials on site can never exceed 30 days receipts of yard waste. G. The processing specifications for contractor are as follows: 1. Contractor shall receive and handle all materials on site delivered by customers from 7:00 a.m. to S:00 p.m., seven days per week except for the following holidays: Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day. 2. Contractor shall inspect all incoming material for conformity to yard waste specifications (less than 3 inches in diameter). All yard waste not meeting this requirement shall be reported to the SWDD scalehouse so that appropriate charges are applied. Loads containing hazardous or unacceptable materials shall be refused if identified prior to being dumped. If identified after being dumped, then notify scalehouse and provide an opportunity for customer to remove all non -conforming materials. If identified after customer has left, then handle hazardous materials appropriately and place all other non -conforming materials in a roll -off container provided by the landfill contractor. This container will be weighed at the scalehouse prior to disposal by the landfill contractor. The disposal tonnage will be deducted from the incoming yard waste materials; however, the disposal charges will not apply. 3. Contractor shall process all materials on site as needed to allow for a safe working environment. 4. Contractor shall prepare and provide a site operating plan as well as a health and safety plan for approval by SWDD. The plan shall include, at a minimum, site environmental issues such as noise, dust, odor and waste acceptance as well as equipment and personnel safety issues, personnel training, site communication, fire prevention and control, management of contamination and spill response. S. Processed material not utilized by the SWDD for landfill cover material or other beneficial uses will be Contractor's responsibility to market and/or sell and provide all trucking at their expense. Contractor will provide in writing to the SWDD the final destination(s) of the material upon contract award. 6. Contractor shall remove and consolidate any foreign materials (non -wood wastes/non- process materials) dropped off improperly at the site. The Contractor will haul these foreign materials; garbage, tires, scrap metals, etc., and transport them to their proper disposal locations as directed by the SWDD Scalehouse staff. 7. If the Contractor's equipment fails to operate for seven (7) consecutive days the Contractor will utilize alternate equipment to process the material. Page 2 P349 8. Storm Debris. The SWDD shall have the exclusive right to determine how the SWDD will dispose of Yard Waste generated by a hurricane, natural disaster, or other event that produces unusually large quantities of Yard Waste (collectively, "Storm Debris"). The County/SWDD reserves the right to designate Disaster Debris Management Sites that are deemed suitable for the management and disposal of Storm Debris with appropriate notification to the Florida Department of Environmental Protection of this designation. The SWDD shall make a good faith effort to direct as much Storm Debris to the Contractor as possible; however, the SWDD shall not be obligated to provide Storm Debris to the Contractor, and the SWDD shall have no liability to the Contractor if the SWDD in its sole discretion determines that it is not appropriate or otherwise in the SWDD's best interests to provide Storm Debris to the Contractor. If the SWDD does provide Storm Debris to the Contractor then the Contractor shall provide additional resources at no additional cost to SWDD and the processing/disposal cost shall remain as is. ARTICLE 2 - THE YARD WASTE PROCESSING SITE The Yard Waste Processing Site (Site), shown in Exhibit B, for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Site Name: Bid Number: Site Address: Approximate Size ARTICLE 3 - CONTRACT TERM Yard Waste Processing Site 2017028 132574 1h Ave SW, Vero Beach, Florida 32968 5 Acres 3.01 The initial term of the Agreement shall be for one (1) year and shall commence on April 1, 2017. This Agreement may be extended for six (6) one (1) year terms at the same prices and conditions at the time of renewal, by mutual agreement. This Agreement may be terminated by either party with at least a ninety (90) calendar day notice of intent to terminate. ARTICLE 4 -CONTRACT PRICE, PAYMENT AND ADJUSTMENT 4.01 The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to annual price adjustments (if approved by the County Administrator or designee) or by an approved contract amendment by the SWDD Board, the total amount in current funds being as follows (the "Contract Price"): 11.19 ON PROCESS (RECEIVE, GRIND AND LOAD) YARD WASTE (ON-SITE) 9.48 ON TRANSPORT AND DISPOSE OF YARD WASTE (OFF-SITE) 4.02 Once each month payments shall be made during the term of the Contract in the amount due on the Contract. Contractor shall submit an invoice to the SWDD Project Manager no later than the 10th day of each month for the previous month's tonnage. Payment to the Contractor shall be made for all undisputed amounts on or before the thirtieth (30th) calendar day or 20 business days of the SWDD's receipt of the invoice, whichever occurs later, upon verification by SWDD of the invoice submitted. The SWDD may reject the application in writing which shall specify the deficiency and the action necessary to correct the deficiency. Payment shall be due 20 business days after the SWDD's receipt of a corrected invoice. Page 3 P350 4.03 The SWDD shall pay the Contractor through payments issued by the County Finance Department in accordance with the Local Government Prompt Payment Act of the Florida Statutes, upon receipt of the certified invoice from the SWDD Managing Director. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 4.04 Rate Adjustment A. All unit prices shall remain the same through September 30, 2018. B. Contractor may request an annual rate adjustment. Such request must be submitted in writing to SWDD no later than April 30th of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by the County Administrator or his designee. If approved, the rate adjustment would become effective October 1 of that year. C. If a rate adjustment is requested, the calculation shall be made as specified in Exhibit A and shall not exceed three percent (3%). 4.05 Performance Bond: The County requires an annual payment and performance bond in the amount of $300,000 renewed each year the contract is extended. ARTICLE 6 - INSURANCE 6.01 General Liability Insurance A. Contractor shall obtain and maintain throughout the Initial Term and any Renewal Terms of this Agreement at its expense the following insurance coverage from insurers who are licensed in the State of Florida and have a current rating of B+ or better in "Best's Key Rating Guide": 1. Workers' Compensation Insurance. Workers' compensation coverage must be maintained in accordance with current statutory requirements; 2. Employer's Liability Insurance. Employer's liability coverage shall having a minimum limit of liability of $100,000 per occurrence, $100,000 by disease, and $500,000 aggregate by disease; 3. Liability Insurance. Commercial general liability insurance and automobile liability shall have a minimum combined single limit of liability of $1,000,000 for personal bodily injury, including, without limitation, death, and property damage. 4. Excess Coverage. Umbrella or excess liability coverage in the amount of $5,000,000 shall be maintained. B. Notwithstanding the minimum limits of coverage stated in subsection A above, the limits of each underlying insurance coverage must be at least as high as is necessary to support the excess liability insurance coverage. 6.02 Environmental Impairment Insurance The Contractor shall procure environmental impairment insurance upon Contract award and shall maintain such insurance in full force and effect at all times thereafter during the term of this Agreement. he environmental impairment insurance shall provide coverage with minimum Page 4 P351 limits of $2,000,000 per occurrence, if an occurrence form is available, or with a "claims made" form with "tail coverage" extending three (3) years beyond the termination or expiration of this Agreement. Proof of tail coverage shall be submitted with the Company's invoice for its final payment. In lieu of tail coverage, the Contractor may submit annually to the SWDD a current certificate of insurance proving that claims made insurance remains in force throughout the same three (3) year period. Such insurance shall provide coverage for pollution and environmental remediation. The form and content of the insurance coverage, as well as the financial stability of the company issuing the insurance, shall be subject to the prior review and approval of the SWDD. The SWDD shall be added as a named insured on the insurance policy. 6.03 Proof of Insurance The Contractor shall furnish the SWDD a certificate of insurance in a form acceptable to the SWDD for the insurance required. Such certificate or an endorsement provided by the Contractor must state that the SWDD will be given thirty (30) calendar days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming SWDD as Additional Name Insured must accompany the Certificate of Insurance. ARTICLE 7 - INDEMNIFICATION 7.01 Contractor shall indemnify and hold harmless the Owner, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Work. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents as specified in Article 8 and the other related data identified in the Invitation to Bid documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground utilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. Page 5 P352 E. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. Contractor has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (2) Notice of Award (3) Payment and Performance Bonds (4) Certificate(s) of Insurance (S) Invitation to Bid 2017028 (6) Addenda (numbers 1to 2 inclusive) (7) Contractor's Bid Form (8) Bid Bond (9) Bidders Questionnaire (10) Drug Free Workplace Form (11) Affidavit of Compliance (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships Page 6 P353 (13) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 1. Written Amendments; 2. Approved Rate Adjustments ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. Page 7 P354 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate.public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 'B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@irceov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE it — FEDERAL CLAUSES 11.01 Owner and Contractor will adhere to the following, as applicable to this work A. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). In compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Page 8 P355 Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Contractor and any subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. Any Federal agency may provide funding under this agreement shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.0 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the SWDD and understands and agrees that the SWDD will, in turn, report each violation as required to assure notification to any appropriate recipient, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Page 9 P356 (2) The contractor agrees to report each violation to the SWDD and understands and agrees that the SWDD will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. C. Energy Policy and Conservation Act —The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. D. Debarment and Suspension — (Executive Orders 12549 and 12689) Consistent with 2 CFR 180.220, the Contractor shall not be listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § .180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) The Contractor shall file the required certification per 31 U.S.C. 1352. The Contractor certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. The Contractor shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures shall be forwarded from tier to tier up to the non -Federal award. Page 10 P357 F. §200.322 Procurement of recovered materials. To the extent applicable, the Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. G. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide SWDD Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives' access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. H. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 1. Compliance with Federal Law, Regulations, and Executive Orders: It is possible that FEMA financial assistance may be used to fund part of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) may apply to the contractor's actions pertaining to this contract. L. Energy Policy and Conservation Act —The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in .the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. M. AFFIRMATIVE STEPS: Contractor shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. Page 11 P358 (3.) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. ARTICLE 12 - TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by Contractor and shall provide the Owner with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the Owner may have under this Contract or under law: (1) If in the Owner's opinion Contractor is improperly performing work or violating any provision(s) of the Contract Documents; (2) If Contractor neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) If in the Owner's opinion Contractor's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) If Contractor assigns this Contract or any money accruing thereon or approved thereon; or (5) If Contractor abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of .his creditors, or if a trustee or receiver is appointed for Contractor or for any of his property. B. Owner shall, before terminating the Contract for any of the foregoing reasons, notify Contractor in writing of -the grounds for termination and provide Contractor with ten (10) calendar days to cure the default to the reasonable satisfaction of the Owner. C. If the Contractor fails to correct or cure within the time provided in the preceding Sub -Article B, Owner may terminate this Contract by notifying Contractor in writing. Upon receiving such notification, Contractor shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the Owner May authorize Contractor to restore any work sites. D. The Contractor shall be liable for: (1) Any new cost incurred by the Owner in soliciting bids or proposals for and letting a new contract; and (2) The difference between the cost of completing the new contract and the cost of completing this Contract; (3) Any court costs and attorney's fees associated with any lawsuit undertaken by Owner to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: Owner may at any time and for any reason terminate Contractor's services and work for Owner's convenience. Upon receipt of notice of such termination Contractor shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies Page 12 P359 in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as. follows: (1) The actual 'cost of the work completed in conformity with this Contract and the specifications; plus, (2) Such other costs actually incurred by Contractor as are permitted by the prime contract and approved by the Owner. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. Page 13 IN WITNESS WHEREOF, Owner and Contractor have signed'this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on , 20 (the date the Agreement is approved by the Indian River County Solid Waste Disposal District, which is the Effective Date of the Agreement). Owner: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: Joseph E. Flescher, Chairman Date: APPROVED: By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk Page 14 Contractor: Russell Payne, Inc. d/b/a Mr. Mulch, Inc. By: Name: Russell Payne Title: President (CORPORATE SEAL) Address for giving notices: 1765 Commerce Avenue Vero Beach, FL 32960 Designated Representative: Name: Russell Payne Title: President Address: 1765 Commerce Avenue Vero Beach, FL 32960 Phone: 772-778-2652 Email: RusselllRusselllaavne.com (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) P361 SWDD Agreement with Mr. Mulch for Yard Waste Processing and Disposal Services EXHIBIT A —CALCULATION OF RATE ADJUSTMENT One Hundred Percent (100%) of the rate adjustment shall be based on seventy-five percent (75%) of the change in the Consumer Price lndex (CPI) between the month of April in the prior year (CPI1) and the month of April in the current year (CPI2). The CPI shall be the South Urban Region, All Items — All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CWUR0300SA0) If the designated index is discounted or substantially altered, SWDD may select another relevant price index published by the. United States Government or by a reputable publisher of financial and economic indices. The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three percent (3.0%) of the previous rate. FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT Annual Adjustment (as a Percentage) AA = (((CPI2 - CPI1) / CPI1) * 0.75)); New Rate = Round ((Current Rate + AA*Current Rate), 2) Where: "CPI1" = published CPI average for the month of April of the prior year "CPI2" = published CPI average for the month of April of the current year SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT INCREASE Assumptions: Current Rate = $10.00 CPI1= 226.618 CPI2 = 227.955 Annual Rate Adjustment = ((227.955-226.618)/ 226.618) * 0.75) = 0.44% Annual Rate Adjustment of 0.44% is less than 3.0% the maximum allowed. New Rate = ROUND ($10.00 * (1 + 0.0044), 2) = $10.04 SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT DECREASE Assumptions: Current Rate = $10.00 CPI1= 226.618 CPI2 = 225.618 Annual Rate Adjustment = ((225.618-226.618)/ 226.618) * 0.75) = -0.33% New Rate = ROUND ($10.00 * (1 + (-0.0033),2) = $9.97 Annual Rate Adjustment is subject to the approval of the County Administrator or his designee. Page 15 P362 Ad C3 k4 n R14, E N ac CIS Approx. 5 Acres i N4 _ttA waste m Manage, 41 C, Indian Rh Lzdf,l I Indian R�'flel, County L.II L -77 Approx. 5 Acres i is 6, -)-- Dylan Reingold From: Vincent Burke Sent: Friday, March 03, 2017 3:48 PM To: Himanshu Mehta Cc: Jason Brown; Jennifer Hyde; Dylan Reingold Subject: RE: Question on Yard Waste Renewal I am not sure if this is required but would feel more comfortable if the following was also in C: "If the contractor has been performing properly, their insurance is up to date and the year extension would be in the best interest of the county.,, From: Himanshu Mehta Sent: Friday, March 03, 2017 3:42 PM To: Dylan Reingold <dreingold@ircgov.com> Cc: Jason Brown <jbrown@ircgov.com>; Vincent Burke <vburke@ircgov.com>; Jennifer Hyde <jhyde@ircgov.com> Subject: RE: Question on Yard Waste Renewal Great Adding the Item C below in our power point presentation. Recommendation Staff recommends a. Approve the award of Bid No. 2017028 to Mr. Mulch for yard waste processing and disposal :services .to start on April 1, 2017 as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. b. Authorize the Chairman to execute the attached agreement after review and approval by the County Attorney as to farm and legal sufficiency, and receipt and approval of the required payment and .performance bonds and liability insurance. C. Authorize the Purchasing :Manger the approval authority to extend the agreement for six (6) one (1) year terms at the same prices and conditions at the time .of renewal, by mutual agreement. From: Dylan Reingold Sent: Friday, March 03, 2017 3:21 PM To: Himanshu Mehta <hmehta@ircgov.com>; Jennifer Hyde <ihvde@ircgov.com> Cc: Jason Brown <ibrown@ircgov.com>; Vincent Burke <vburke@ircgov.com> Subject: RE: Question on Yard Waste Renewal That works for me.